Supported Employment Services Award 2020
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 23 January 2026 (PR795728).
Clause(s) affected by the most recent variation(s):
2—Definitions
27A—Workplace delegates’ rights
[Varied by PR747454, PR748510, PR750549, PR749151, PR774831, PR778076]
Schedule E —Agreement for Time Off Instead of Payment for Overtime.............................. 63
Part 1—Application and Operation of this Award
1.1 This award is the Supported Employment Services Award 2020.
[Varied by PR733863, PR774831, PR777337, PR795728]
In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth).
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave.
[Definition of casual employee inserted by PR733863 from 27Sep21; varied by PR777337 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.
casual ordinary hourly rate means the hourly rate for a casual employee for the employee’s classification specified in clause 15.2, inclusive of the casual loading which is payable for all purposes.
employee means national system employee within the meaning of the Act and includes an employee with a disability.
[Definition of employee organisation inserted by PR774831; substituted retrospectively by PR795728 ppc 01Jul24]
employee organisation has the meaning given by section 12 of the Act.
employee with a disability means a national system employee who qualifies for a disability support pension as set out in sections 94 or 95 of the Social Security Act 1991 (Cth), or who would be so qualified but for paragraph 94(1)(e) or paragraph 95(1)(c) of that Act.
employer means national system employer within the meaning of the Act and includes a supported employment service.
[Definition of enterprise inserted by PR774831 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 15.2, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.
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 small business employer inserted by PR774831 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum weekly rate for a Grade 5 (trade qualified) employee in clause 15.2.
supported employment services has the meaning given in clause 4.3.
[Definition of workplace delegate inserted by PR774831 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3. The National Employment Standards and this award
3.1 The NES and this award contain the minimum conditions of employment for employees covered by this award.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
3.3 The employer must ensure that copies of the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.
[Varied by PR749151]
4.1 This industry award covers employers throughout Australia who operate supported employment services and their employees working in the classifications listed in Schedule A—Classifications to the exclusion of any other modern award.
4.2 The award does not cover employers in respect of other activities that are covered by the awards referred to below or their employees engaged in or in connection with those other activities:
(a) Aged Care Award 2010;
(b) Health Professionals and Support Services Award 2020; or
(c) Social, Community, Home Care and Disability Services Industry Award 2010.
[4.3 substituted by PR749151 ppc 30Jun23]
(a) for whom competitive employment at or above the relevant award wage is unlikely; and
(b) who, because of their disabilities, need substantial ongoing support to obtain or retain paid employment.
4.4 This award does not cover employees who hold executive and management positions not covered by the classification structure contained within this award.
4.5 This award covers any employer which supplies labour on an on-hire basis to the supported employment services 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 4.5 operates subject to the exclusions from coverage in this award.
4.6 This award does not cover:
(a) an employee excluded from award coverage by the Act.
(b) does not cover 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.
(c) does not cover employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.
4.7 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Individual flexibility arrangements
5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:
(a) arrangements for when work is performed; or
(b) overtime rates; or
(c) penalty rates; or
(d) allowances; or
(e) annual leave loading.
5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.
5.3 An agreement may only be made after the individual employee has commenced employment with the employer.
5.4 An employer who wishes to initiate the making of an agreement must:
(a) give the employee a written proposal; and
(b) if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.
5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.
5.6 An agreement must do all of the following:
(a) state the names of the employer and the employee; and
(b) identify the award term, or award terms, the application of which is to be varied; and
(c) set out how the application of the award term, or each award term, is varied; and
(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and
(e) state the date the agreement is to start.
5.7 An agreement must be:
(a) in writing; and
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 PR763310 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 30—Dispute resolution and/or under section 65B of the Act.
7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.
7.2 Facilitative provisions in this award are contained in the following clauses:
|
Clause |
Provision |
Agreement between an employer and: |
|
13.1 |
Hours of work |
An individual employee |
|
16.2 |
Payment of wages |
The majority of employees |
|
20.5 |
Overtime |
An individual employee |
|
20.6 |
Time off instead of payment for overtime |
An individual employee |
|
22.7 |
Annual leave in advance |
An individual employee |
|
22.8 |
Cashing out of annual leave |
An individual employee |
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 employment;
(b) part-time employment; or
(c) casual employment.
8.2 At the time of engagement an employer will inform each employee in writing of the terms of their engagement and in particular whether they are to be full-time, part‑time or casual.
A full-time employee will be a permanent employee engaged to work an average of 38 ordinary hours per week over a roster cycle.
10.1 A part-time employee is an employee who:
(a) works less than full-time hours of 38 per week;
(b) has reasonably predictable hours of work; and
(c) receives, on a pro rata basis, equivalent pay and conditions to those of a full-time employee who does the same kind of work.
10.2 When determining what is reasonably predictable for an employee with a disability, the nature of the employee’s disability and other relevant personal circumstances will be taken into account.
10.3 An employer is required to roster a part-time employee for a minimum of 3 consecutive hours on any shift.
10.4 A part-time employee employed under the provisions of clause 10 must be paid the ordinary hourly rate for the class of work performed and for ordinary hours worked.
(a) the hours worked each day;
(b) which days of the week the employee will work; and
(c) the actual starting and finishing times each day.
10.7 Subject to clause 20.5, all time worked in excess of the hours as mutually agreed will be paid overtime at the rates as prescribed in clause 20—Overtime.
[Varied by PR723980, PR733863, PR777337]
[11.1 deleted by PR733863 from 27Sep21]
[11.2 renumbered as 11.1 by PR733863 from 27Sep21]
[11.3 varied by PR723980 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733863 from 27Sep21]
11.2 All other payments such as shift penalties and overtime will be paid in addition to the loaded rate.
[11.4 renumbered as 11.3 by PR733863 from 27Sep21]
[11.5 renumbered as 11.4 by PR733863 from 27Sep21]
11.4 The casual loading will also form part of the employee’s ordinary rate of pay for the purpose of superannuation.
[New 11.6 inserted by PR723980 ppc 20Nov20; 11.6 renumbered as 11.5 by PR733863 from 27Sep21]
11.5 When a casual employee works overtime, they must be paid the overtime rates in clause 20.1.
[11.6 renumbered as 11.7 by PR723980, 11.7 renumbered as 11.6 by PR733863 from 27Sep21]
11.6 On each occasion a casual employee is required to attend work they are entitled to a minimum payment of 3 hours.
11.7 Changes to casual employment status
[11.7 renumbered as 11.8 by PR723980; 11.8 renumbered as 11.7 and renamed and substituted by PR733863 from 27Sep21; renamed and substituted by PR777337 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 30—Dispute resolution.
The definitions of the classification levels in clause 15—Minimum rates are contained in Schedule A—Classifications.
13. Ordinary hours of work and rostering arrangements
13.1 The ordinary hours of work will be worked in not more than 5 consecutive shifts of not more than 8 hours (or by agreement with the employee, 10 consecutive hours).
13.2 Ordinary hours will not exceed 38 hours per week or an average of 38 hours per week over an agreed roster cycle.
13.3 Subject to clause 20—Overtime, ordinary time will be worked between the hours of 6.00 am and 6.00 pm Monday to Sunday.
13.4 Ordinary hours worked after 6.00 pm Monday to Friday or on weekends will be paid in accordance with clause 21—Penalty rates.
13.5 The actual starting and finishing time will be determined by the employer.
13A. Employee right to disconnect
[13A inserted by PR778076 from 26Aug24]
13A.1 Clause 13A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
13A.2 Clause 13A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
13A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
13A.4 Clause 13A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of an emergency roster change under clause 14.3(b).
14.1 Meal break
(a) An employee will be allowed an unpaid meal break of at least 30 minutes no later than 5 hours after starting work unless otherwise agreed between the employer and employee.
(b) An employee will not be required to work for more than 5 hours without a meal break of 30 minutes.
14.2 Paid tea break
All employees will receive one paid tea break of 15 minutes in the morning.
14.3 Rosters
(a) The employer will notify all permanent employees of their roster upon commencement with the employer.
(b) Subject to clause 29—Consultation about changes to rosters or hours of work, rosters can only be changed by the employer by giving employees at least 7 days’ notice, except in the case of emergency where the employer will have the right to alter rosters immediately.
[Varied by PR718921, PR729364, PR740789; substituted by PR749151 ppc 30Jun23; varied by PR762212, PR773992, PR786642]
15.1 Upon engagement, an employee will be graded by the employer in one of the grades in Schedule A—Classifications in accordance with the provisions of that Schedule, having regard to the employee’s skills, experience and qualifications and the nature of the position in which the employee is employed.
[15.2 varied by PR762212, PR773992, PR786642 ppc 01Jul25]
15.2 Subject to clauses 15.3, 15.4 and 15.6 the following minimum rates of pay will apply for the grades set out below:
|
Grade |
Minimum weekly rate (full-time employee) |
Minimum hourly rate |
|
|
$ |
$ |
|
Grade A—from 30 June 2025 to 29 June 2026 |
269.70 |
7.10 |
|
Grade A—from 30 June 2026 |
302.00 |
7.95 |
|
Grade B—from 30 June 2025 to 29 June 2026 |
539.30 |
14.19 |
|
Grade B—from 30 June 2026 |
604.10 |
15.90 |
|
Grade 1 |
922.70 |
24.28 |
|
Grade 2 |
948.00 |
24.95 |
|
Grade 3 |
982.40 |
25.85 |
|
Grade 4 |
1014.70 |
26.70 |
|
Grade 5 |
1068.40 |
28.12 |
|
Grade 6 |
1165.70 |
30.68 |
|
Grade 7 |
1212.90 |
31.92 |
NOTE 2: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay, including overtime and penalty rates.
(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
[15.3(b) varied by PR762212, PR773992, PR786642 ppc 01Jul25]
(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2025. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Supported Employment Services Award 2020 and not the Miscellaneous Award 2020.
15.4 Wage assessment—employees with a disability
(a) An employee with a disability may be paid such percentage of the rate of pay of the relevant grade in clause 15.2 as assessed under the Supported Wage System in accordance with Schedule D—Supported Wage System.
(b) No decrease—regression of disability
An employee with a disability will not have their rate of pay reduced as a result of a wage assessment made pursuant to clause 15.4(a). This clause does not cover the circumstance where the wage of an employee with a disability may need to be reduced due to the regression of the employee’s disability. However, a wage assessment that determines a lower percentage than an earlier wage assessment of the employee against the same duties is of no effect unless the reduction in percentage is solely due to the regression of the employee’s disability. Before the wage of an employee may be reduced the employer must exhaust all reasonable training options and options to allocate the employee new tasks to avoid the regression.
15.5 Schedule H—Transitional Arrangements applies to the following employees:
(a) employees classified in accordance with clause 15.1 and Schedule A—Classifications as Grade A or Grade B; and
(b) employees assessed under the Supported Wage System in accordance with Schedule D—Supported Wage System.
(a) An employee will be paid at a higher grade if carrying out the duties of a higher grade for 2 or more hours in any shift. They will be paid at the higher grade for the time worked at the higher rate.
(b) Clause 15.6 will not apply whilst an employee is carrying out work in a higher grade for training purposes only.
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
16.1 Wages will be paid weekly or fortnightly, or, by agreement between the employer and the majority of employees, monthly.
16.3 Overtime will be paid not later than the pay day next following the week in which the overtime has been worked.
16.4 Where an employee is discharged from employment the employee will be paid immediately for all wages, overtime, pro rata payment for annual leave, annual leave loading; or any remuneration due.
16.5 Payment may be made by cash, cheque or electronic funds transfer at the discretion of the employer.
16.7 Where an employee is paid by cash or cheque, in the event of there being any delay in the making of any payment mentioned in clause 16, other than a delay beyond the direct control of the employer, an employee will be paid at ordinary rates for all time the employee is kept waiting at the workplace for payment.
17.1 As an alternative to an employee’s wages being calculated and paid on a weekly or fortnightly basis, agreement may be reached between an employee and the employer that the employee can be paid a composite annual salary which properly remunerates the employee in accordance with the award for work performed over an agreed roster cycle. In such cases the composite annual salary will be calculated to ensure that such salary paid over the year is sufficient to cover what the employee would have been entitled to if all award overtime and penalty rate obligations have been complied with. The employee is entitled to be represented in discussions with the employer by a registered organisation, or by the employee’s parent or guardian.
17.2 However, in the event of termination of employment prior to completion of a year, the salary paid during such period of employment, must be sufficient to cover what the employee would have been entitled to if all award overtime and penalty rate payment obligations had been complied with.
17.3 Where payment is adopted in accordance with clause 17, the employer must keep a daily record of the hours worked by an employee which must show the date, start and finish times of the employee for the day. This record will be countersigned weekly by the employee (or their parent or guardian) and must be kept at the place of employment for a period of at least 7 years.
[18—Wage assessment—employees with a disability deleted by PR749151 ppc 30Jun23]
[Varied by PR718921, PR719073, PR729364, PR729546, PR740789, PR740952; 19 renumbered as 18 by PR749151 ppc 30Jun23; varied by PR762212, PR762381, PR773992, PR774161, PR786642, PR786810]
NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.
18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.
18.2 Wage-related allowances
Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance when calculating any penalties or loadings or payment while they are on annual leave. The leading hand allowance (clause 18.2(b)) is paid for all purposes under this award.
[18.2(b) varied by PR718921, PR729364, PR740789, PR762212, PR773992, PR786642 ppc 01Jul25]
Leading hands classified at Grade 4 or below are entitled to an all-purpose allowance according to the following table:
|
In charge of |
$ per week |
|
3–10 employees |
48.29 |
|
11–20 employees |
72.22 |
|
More than 20 employees |
91.67 |
[18.2(c) varied by PR718921, PR729364, PR740789, PR762212, PR773992, PR786642 ppc 01Jul25]
An employee who is appointed by the employer as a first aid officer to provide first aid assistance in the workplace and who maintains a current senior first aid qualification from St John Ambulance or similar body will be paid an allowance of $21.69 per week.
[18.2(d) varied by PR718921, PR729364, PR740789, PR762212, PR773992, PR786642 ppc 01Jul25]
An employee engaged for the major portion of a day or shift in cleaning toilets will be paid an allowance of $17.25 per week or $3.52 per shift.
18.3 Expense-related allowances
[18.3(a) varied by PR729546, PR740952, PR762381, PR774161 ppc 01Jul24]
An employee required to use their own vehicle during working hours will be paid $0.98 per kilometre travelled.
[18.3(b) varied by PR719073, PR729546, PR740952, PR762381, PR774161, PR786810 ppc 01Jul25]
Where an employee is entitled to a meal allowance in accordance with clause 20.4, the employee will be paid $14.06 per meal.
An employee required to perform work determined by the leading hand or supervisor to be of a dirty nature will be paid an allowance of $0.70 per day unless the employer provides and launders a uniform at no cost to the employee.
(d) Special and protective clothing
(i) Where it is necessary that an employee wear special and/or protective clothing, the employer must reimburse the employee for the cost of purchasing the special clothing.
(ii) The provisions of clause 18.3(d) do not apply where the special clothing is supplied without cost to the employee.
(iii) Where the employer provides the special clothing it will remain the property of the employer.
NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.
[Varied by PR723686; 20 renumbered as 19 by PR749151 ppc 30Jun23; varied by PR771378]
19.1 Superannuation legislation
[19.1 substituted by PR771378 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 19 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.
Subject to clause 19.5 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.
19.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.
19.4 Superannuation fund
[19.4 varied by PR771378 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 19.2 and pay any amount authorised under clauses 19.3(a) or 19.3(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) AustralianSuper; or
(b) 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.
19.5 Employees with disabilities
[19.5 substituted by PR723686, PR771378 ppc 09Apr24]
Superannuation contributions for employees with a disability will be either the amount required by clause 19.2 or $15 per week, whichever is the greater.
Part 5—Overtime and Penalty Rates
[Varied by PR723980; 21 renumbered as 20 by PR749151 ppc 30Jun23; varied by PR763310]
[20.1 substituted by PR723980 ppc 20Nov20]
20.1 Subject to clause 20.6, all time worked outside the ordinary hours of work will be overtime and will be paid for:
|
|
Full-time and part-time employees |
Casual employees |
|
For overtime worked on |
Overtime rate |
|
|
Monday to Saturday—first 2 hours |
150% |
175% |
|
Monday to Saturday—after 2 hours |
200% |
225% |
|
Saturday—after 12.00 pm (where not part of an employee’s ordinary shift) |
200% |
225% |
|
Sunday |
200% |
225% |
NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.1 to the overtime rates for full-time and part-time employees prescribed by clause 20.1.
20.3 When overtime work is necessary it will, wherever reasonably practicable, be so arranged that employees have at least 10 consecutive hours off duty between the work of successive days.
(a) a suitable meal; or
(b) paid the meal allowance in clause 18.3(b).
20.5 Where an employee’s ordinary hours of work are less than 38 per week, by agreement between that employee and the employer, an employee may work and be paid at ordinary time up to 2 hours beyond their normal finishing time. In any case, an employee will not be required to work more than 10 hours in any one day nor more than 38 hours in any one week without the payment of overtime. For the purposes of clause 20 week means Monday to Friday inclusive.
20.6 Time off instead of payment for overtime
(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.
(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 20.6(c)(iii) must be made in the next pay period following the request.
NOTE: An example of the type of agreement required by clause 20.6 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.6 can also be made by an exchange of emails between the employee and employer, or by other electronic means.
(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.
EXAMPLE: By making an agreement under clause 20.6 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 20.6 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.6(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
(h) The employer must keep a copy of any agreement under clause 20.6 as an employee record.
(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.
(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.6 will apply, including the requirement for separate written agreements under clause 20.6(b) for overtime that has been worked.
[Note varied by PR763310 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 20.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.
NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.6.
[22 renumbered as 21 by PR749151 ppc 30Jun23]
(a) Where ordinary hours are worked on weekends, payment will be:
(i) 150% of the ordinary hourly rate on Saturdays;
(ii) 200% of the ordinary hourly rate on Sundays; and
(iii) 175% of the ordinary hourly rate on Sunday when engaged on catering services.
All ordinary hours worked on a public holiday will be paid at 250% of the ordinary hourly rate.
Part 6—Leave and Public Holidays
[Varied by PR751105; 23 renumbered as 22 by PR749151 ppc 30Jun23]
22.1 Leave entitlement
(a) Annual leave is provided for in the NES. It does not apply to casual employees.
(b) For the purposes of the additional leave provided by the NES, a shiftworker is an employee who is regularly rostered to work their ordinary hours on a Saturday and/or Sunday (that is, not less than 10 in any 12 month period).
22.2 Payment for annual leave
(a) The NES prescribes the basis for payment of annual leave, including payments for untaken leave upon termination of employment.
(b) In addition to the payment provided for in the NES, an employer is required to pay an additional leave loading of 17.5% of that payment.
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).
22.3 Direction to take annual leave during shutdown
[22.3 renamed and substituted by PR751105 ppc 01May23]
(a) Clause 22.3 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 22.3(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 22.3(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 22.3(d).
(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 22.3(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 22.7.
(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 22.7, to which an entitlement has not been accrued, is to be taken into account.
(j) Clauses 22.4 to 22.6 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 22.3.
22.4 Excessive leave accruals: general provision
NOTE: Clauses 22.4 to 22.6 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 22.1(b)).
(c) Clause 22.5 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.
(d) Clause 22.6 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.
22.5 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 22.4(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 22.5(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 22.4, 22.5 or 22.6 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 22.5(a) that is in effect.
(d) An employee to whom a direction has been given under clause 22.5(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 22.5(d) may result in the direction ceasing to have effect. See clause 22.5(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.
22.6 Excessive leave accruals: request by employee for leave
(a) If an employee has genuinely tried to reach agreement with an employer under clause 22.4(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 22.6(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 22.5(a) that, when any other paid annual leave arrangements (whether made under clause 22.4, 22.5 or 22.6 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 22.6(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 22.4, 22.5 or 22.6 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 22.6(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 22.1(b)) in any period of 12 months.
(e) The employer must grant paid annual leave requested by a notice under clause 22.6(a).
(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 22.7 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.
(c) The employer must keep a copy of any agreement under clause 22.7 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 22.7, 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.
22.8 Cashing out of annual leave
(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 22.8.
(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 22.8.
(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 22.8 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 22.8 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 22.8 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 22.8.
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 22.8.
NOTE 3: An example of the type of agreement required by clause 22.8 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.
23. Personal/carer’s leave and compassionate leave
[24 renumbered as 23 by PR749151 ppc 30Jun23]
Personal/carer’s leave and compassionate leave are provided for in the NES.
24. Parental leave and related entitlements
[25 renumbered as 24 by PR749151 ppc 30Jun23; varied by PR763310 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 30—Dispute resolution and/or under section 76B of the Act.
[26 renumbered as 25 by PR749151 ppc 30Jun23]
Community service leave is provided for in the NES.
26. Family and domestic violence leave
[27—Unpaid family and domestic violence leave renamed and substituted by PR750549 ppc 15Mar23; 27 renumbered as 26 by PR749151 ppc 30Jun23]
Family and domestic violence leave is provided for in the NES.
NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.
NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.
[Varied by PR747454; 28 renumbered as 27 by PR749151 ppc 30Jun23]
27.1 Public holiday entitlements are provided for in the NES.
27.2 A full-time or part-time employee who works on a public holiday will be paid in accordance with clause 21.4.
27.3 An employee, other than a casual employee, who works on Christmas Day, New Year’s Day, or both, will be paid at the appropriate holiday rate as provided in clause 21.4 and if such an employee also works on the substitute day or days, they will be paid at ordinary rates for work on the substituted day or days.
27.4 In addition to the rate in clause 21.4, an employee who works on Christmas Day or New Year’s Day will either be allowed a substitute holiday at a time convenient to the employer or receive an extra day’s wages at ordinary rates.
27.5 Clauses 27.3 and 27.4 override any other provisions of this award with which they are inconsistent.
[27.6 deleted by PR747454 ppc 14Nov22]
Part 7—Workplace Delegates, Consultation and Dispute Resolution
[Part 7—Consultation and Dispute Resolution renamed by PR774831 from 01Jul24]
27A. Workplace delegates’ rights
[27A inserted by PR774831; substituted retrospectively by PR795728 ppc 01Jul24]
27A.1 Clause 27A 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 27A.
27A.2 In clause 27A:
(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;
(c) eligible workers means members and persons eligible to be members of the workplace delegate’s organisation who work in a particular enterprise.
27A.3 Before exercising entitlements under clause 27A, 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.
27A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
27A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible workers 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 workplace policy under which eligible workers are entitled to be represented and which concerns their industrial interests.
27A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible workers in relation to their industrial interests under clause 27A.5. This includes discussing membership of the delegate’s organisation and representation with eligible workers.
(b) A workplace delegate may communicate with eligible workers during working hours or work breaks, or before or after work.
27A.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 workers;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible workers and by eligible workers 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 27A.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.
27A.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 workers, 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 workers.
(b) The number of eligible workers will be determined on the day a delegate requests paid time to attend training, as the number of eligible workers 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.
27A.9 Exercise of entitlements under clause 27A
(a) A workplace delegate’s entitlements under clause 27A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) 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;
(ii) not hinder, obstruct or prevent eligible workers exercising their rights to freedom of association.
(b) When exercising any entitlements under clause 27A, a workplace delegate must, other than in the reasonable exercise of those entitlements:
(i) comply with their duties and obligations as an employee; and
(ii) not hinder, obstruct or prevent the normal performance of work.
(c) Clause 27A 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 workers.
(d) Clause 27A does not require an eligible worker to be represented by a workplace delegate without the worker’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 27A.
28. Consultation about major workplace change
[29 renumbered as 28 by PR749151 ppc 30Jun23]
28.1 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.
28.2 For the purposes of the discussion under clause 28.1(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.
28.3 Clause 28.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.
28.4 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 28.1(b).
28.5 In clause 28 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.
28.6 Where this award makes provision for alteration of any of the matters defined at clause 28.5, such alteration is taken not to have significant effect.
29. Consultation about changes to rosters or hours of work
[30 renumbered as 29 by PR749151 ppc 30Jun23]
29.1 Clause 29 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.
29.3 For the purpose of the consultation, the employer must:
(a) provide to the employees and representatives mentioned in clause 29.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and
29.4 The employer must consider any views given under clause 29.3(b).
29.5 Clause 29 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.
[31 renumbered as 30 by PR749151 ppc 30Jun23; varied by PR763310, PR777337, PR778076]
30.1 Clause 30 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.
30.3 If the dispute is not resolved through discussion as mentioned in clause 30.2, 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.
30.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair Work Commission.
30.5 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.
30.6 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.
30.7 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 30.
30.8 While procedures are being followed under clause 30 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.
30.9 Clause 30.8 is subject to any applicable work health and safety legislation.
[Note 1 and Note 2 inserted by PR763310; deleted by PR778076 from 26Aug24]
[Note inserted by PR778076 from 26Aug24; varied by PR777337 from 27Aug24]
NOTE: In addition to clause 30, 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 |
31. Rights at work for supported employees
[32 renumbered as 31 and varied by PR749151 ppc 30Jun23]
31.1 When dealing with employment matters affecting supported employees the employer shall take all reasonable steps to provide such employees with the information they require to exercise their employment rights.
31.2 Such reasonable steps will include, but are not limited to, the following:
(a) providing information to supported employees of their right to be a member of the union and be represented in the workplace by a union representative;
(b) providing information in relation to seeking information and or assistance from the Fair Work Ombudsman;
(c) providing information to a supported employee about their right to have their nominee, guardian, carer, parent or other family member, advocate or union assist them in making decisions about employment matters.
31.3 In addition to those matters listed in clause 31.2 the employer shall take reasonable steps to provide the opportunity to the supported employee to have their nominee, guardian, carer, parent or other family member, advocate or union involved in or consulted or act as the employee’s representative in employment matters that affect or may affect the supported employee’s interests.
31.4 Such matters shall include but not be limited to the following:
(a) consultation about significant workplace change under clause 28—Consultation about major workplace change;
(b) consultation about changes to rosters or hours of work under clause 29—Consultation about changes to rosters or hours of work;
(c) any dispute under clause 30—Dispute resolution or other grievance;
[New 31.4(d) inserted by PR749151 ppc 30Jun23]
(d) any classification review process conducted in accordance with clause 31.5;
[31.4(d) renumbered as 31.4(e) and varied by PR749151 ppc 30Jun23]
(e) wage assessments under clause 15.4(a) and Schedule D—Supported Wage System;
[31.4(e) renumbered as 31.4(f) by PR749151 ppc 30Jun23]
(f) any disciplinary matter; and
[31.4(f) renumbered as 31.4(g) by PR749151 ppc 30Jun23]
(g) performance appraisals.
[31.5 inserted by PR749151 ppc 30Jun23]
(a) the employer shall meet with the employee to discuss the review request as soon as practicable after the request is made;
(b) the employer shall provide the employee with a written response to the review request that informs the employee of the employer’s decision and its reasons no later than 21 days after the request was made;
(c) if the employee is not satisfied with the employer’s decision, the employee may utilise the dispute resolution procedures in clause 30—Dispute resolution and may commence the dispute at the step referred to in clause 30.4.
Part 8—Termination of Employment and Redundancy
[33 renumbered as 32 by PR749151 ppc 30Jun23]
NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.
32.1 Notice of termination by an employee
(a) Clause 32.1 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 32.1(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 32.1(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 32.1(b), then no deduction can be made under clause 32.1(d).
(f) Any deduction made under clause 32.1(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 32.2 is to be taken at times that are convenient to the employee after consultation with the employer.
[34 renumbered as 33 by PR749151 ppc 30Jun23]
NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.
33.1 Transfer to lower paid duties on redundancy
(a) Clause 33.1 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 33.1(c).
(c) If the employer acts as mentioned in clause 33.1(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, shift rates 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, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.
33.2 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 33 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.
33.3 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 33.3(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 33.3(b).
(d) An employee who fails to produce proof when required under clause 33.3(b) is not entitled to be paid for the time off.
(e) This entitlement applies instead of clause 32.2.
Schedule A—Classifications
[Schedule A—Classification Definitions renamed and substituted by PR749151 ppc 30Jun23]
A.1 Explanation of Classification Structure
A.1.1 Grades A and B of the classification structure in Schedule A—Classifications apply to any employee with a disability who:
(a) because of their disability, does not have the capacity to undertake the duties or exercise the level of skill and responsibility of any position to which Grades 1-7 apply; and
(b) has been placed in a position by their employer which:
(i) consists of duties and a level of supervision and monitoring which accommodate the effects of the employee’s disability; and
(ii) does not fall into Grades 1-7.
A.1.2 Grades 1-7 apply to employees with or without a disability who undertake the duties and exercise the level of skill and responsibility specified in the classification descriptors. An employee in any of Grades 1-7 may (subject to any necessary training) be required to perform any or all of the duties in the classification descriptors.
A.2 Classification Definitions
A.2.1 Grade A
Employees at this grade will perform a simple task or tasks consisting of up to 3 sequential steps or sub-tasks, any of which may involve the use of jigs or equipment or tools with basic functionality, under direct supervision and constant monitoring.
A.2.2 Grade B
Employees at this grade will perform a simple task or tasks consisting of more than 3 sequential steps or sub-tasks, each of which may involve the use of mechanical or electric equipment or tools, under direct supervision with regular monitoring.
A.2.3 Grade 1
Employees at this grade will undertake on the job induction and/or training to perform work in Grade 2 or above for a period not exceeding 3 months.
A.2.4 Grade 2
Employees at this grade will perform a basic task or tasks in accordance with defined procedures under direct supervision. Such employees will understand and undertake basic quality control/assurance procedures including the ability to recognise basic quality deviations/faults. This may include the performance of work included in the following awards classifications:
· Food, Beverage and Tobacco Manufacturing Award 2020: Level 2
· Gardening and Landscaping Services Award 2020: Level 1
· Horticulture Award 2020: Level 2
· Hospitality Industry (General Award) 2020: Level 1
· Manufacturing and Associated Industries and Occupations Award 2020: Level C13
· Textile, Clothing, Footwear and Associated Industries Award 2020: Skill Level 1
· Timber Industry Award 2020: General Timber Stream Level 2; Wood and Timber Furniture Stream Level 2.
A.2.5 Grade 3
Employees at this grade will perform work above and beyond the skill of an employee at Grade 2 and to their level of training. Such employees will perform a more complex task or tasks than at Grade 2 in accordance with defined procedures under routine supervision. This may include the performance of work included in the following awards classifications:
· Cleaning Services Award 2020: Cleaning Services Employee Level 1
· Dry Cleaning and Laundry Industry Award 2020: Laundry employee level 2
· Food, Beverage and Tobacco Manufacturing Award 2020: Level 3
· Gardening and Landscaping Services Award 2020: Level 2
· Horticulture Award 2020: Level 3
· Hospitality Industry (General Award) 2020: Level 2
· Manufacturing and Associated Industries and Occupations Award 2020: Level C12
· Storage Services and Wholesale Award 2020: Storeworker Grade 1
· Textile, Clothing, Footwear and Associated Industries Award 2020: Skill Level 2
· Timber Industry Award 2020: General Timber Stream Level 3; Wood and Timber Furniture Stream Level 3
· Waste Management Award 2020: Level 2
A.2.6 Grade 4
Employees at this grade will perform work:
(a) above and beyond the skill of an employee at Grade 3 and below and to their level of training. Such employees will hold a qualification at or equivalent to AQF II or above or an equivalent level of training and experience. Employees at this grade will:
· work independently from complex instructions and procedures; and
· assist in the provision of on the job training for other employees; and
· co-ordinate work in a team environment or work individually under general supervision; and
· be responsible for ensuring the quality of their own work; or
(b) encompassed in any of the following award classifications:
· Cleaning Services Award 2020: Cleaning Services Employee Level 2
· Dry Cleaning and Laundry Industry Award 2020: Laundry employee level 3
· Food, Beverage and Tobacco Manufacturing Award 2020: Level 4
· Gardening and Landscaping Services Award 2020: Level 3
· Horticulture Award 2020: Level 4
· Hospitality Industry (General Award) 2020: Level 3
· Manufacturing and Associated Industries and Occupations Award 2020: Level C11
· Storage Services and Wholesale Award 2020: Storeworker Grade 2
· Textile, Clothing, Footwear and Associated Industries Award 2020: Skill Level 3
· Timber Industry Award 2020: General Timber Stream Level 4; Wood and Timber Furniture Stream Level 4
· Waste Management Award 2020: Level 3
A.2.7 Grade 5
Employees at this grade will perform work:
(c) above and beyond the skill of an employee at Grade 4 and below and to their level of training. Such employees will hold a trade certificate or an equivalent qualification or an equivalent level of training and experience. Employees at this grade will perform work primarily involving the skills of their trade and may also perform work that is incidental to that work; or
(d) encompassed in any of the following award classifications:
· Cleaning Services Award 2020: Cleaning Services Employee Level 3
· Dry Cleaning and Laundry Industry Award 2020: Laundry employee Level 4
· Food, Beverage and Tobacco Manufacturing Award 2020: Level 5
· Gardening and Landscaping Services Award 2020: Level 4
· Horticulture Award 2020: Level 5
· Hospitality Industry (General Award) 2020: Level 4
· Manufacturing and Associated Industries and Occupations Award 2020: Level C10
· Storage Services and Wholesale Award 2020: Storeworker Grades 3 and 4
· Textile, Clothing, Footwear and Associated Industries Award 2020: Skill Level 4
· Timber Industry Award 2020: General Timber Stream Level 5; Wood and Timber Furniture Stream Level 5
· Waste Management Award 2020: Levels 4, 5 and 6
A.2.8 Grade 6
Employees at this grade will perform work above and beyond the skill of an employee at Grade 5 and below and to their level of training. Such employees will hold a qualification at or equivalent to AQF IV or above or an equivalent level of training and experience. Such employees will perform the work described below:
· assess the ability of an employee with disability to carry out specific work tasks; and/or
· design, develop and provide individual instruction or training for an employee with a disability; and/or
· undertake specialist functions in the workplace such as procurement or marketing; and/or
· supervise employees in a section of the workplace.
A.2.9 Grade 7
Employees at this grade will hold a qualification at AQF IV to or above, of which one third of the competencies are related to the supervision or training of employees, or an equivalent qualification or an equivalent level of training and experience. Employees at this grade will perform work above and beyond the skill of an employee at Grade 6 and below and to their level of training. Such employees will perform the work described below:
· co-ordinate and supervise employees; and/or
· have responsibility for the content and delivery of training; and
· be capable of operating all of the equipment or tools to be used by employees that they are supervising or training.
Schedule B—Summary of Hourly Rates of Pay
[Varied by PR718921, PR729364, PR740789, PR749151, PR762212, PR773992, PR786642]
B.1 Full-time and part-time employees
B.1.1 Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 18.2(a) this forms part of the employee’s ordinary hourly rate and must be added to the minimum hourly rate prior to calculating penalties and overtime.
B.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with clause 15.2. Consistent with clause B.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.
B.1.3 Full-time and part-time employees—ordinary and penalty rates
[B.1.3 varied by PR718921, PR729364, PR740789; substituted by PR749151 ppc 30Jun23; varied by PR762212, PR773992, PR786642 ppc 01Jul25]
|
|
Ordinary hours |
Saturday |
Sunday |
Public holidays |
|
|
|
|
|
Catering services employees |
All other employees |
|
|
|
% of ordinary hourly rate1 |
||||
|
|
100% |
150% |
175% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Grade A—from 30 June 2025 to 29 June 2026 |
7.10 |
10.65 |
12.43 |
14.20 |
17.75 |
|
Grade A—from 30 June 2026 |
7.95 |
11.93 |
13.91 |
15.90 |
19.88 |
|
Grade B—from 30 June 2025 to 29 June 2026 |
14.19 |
21.29 |
24.83 |
28.38 |
35.48 |
|
Grade B—from 30 June 2026 |
15.90 |
23.85 |
27.83 |
31.80 |
39.75 |
|
Grade 1 |
24.28 |
36.42 |
42.49 |
48.56 |
60.70 |
|
Grade 2 |
24.95 |
37.43 |
43.66 |
49.90 |
62.38 |
|
Grade 3 |
25.85 |
38.78 |
45.24 |
51.70 |
64.63 |
|
Grade 4 |
26.70 |
40.05 |
46.73 |
53.40 |
66.75 |
|
Grade 5 |
28.12 |
42.18 |
49.21 |
56.24 |
70.30 |
|
Grade 6 |
30.68 |
46.02 |
53.69 |
61.36 |
76.70 |
|
Grade 7 |
31.92 |
47.88 |
55.86 |
63.84 |
79.80 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
B.1.4 Full-time and part-time employees—shiftwork
[B.1.4 varied by PR718921, PR729364, PR740789; substituted by PR749151 ppc 30Jun23; varied by PR762212, PR773992, PR786642 ppc 01Jul25]
|
|
Afternoon shift1 (paid for whole shift) |
Night shift2 (paid for whole shift) |
|
|
% of ordinary hourly rate3 |
|
|
|
115% |
130% |
|
|
$ |
$ |
|
Grade A—from 30 June 2025 to 29 June 2026 |
8.17 |
9.23 |
|
Grade A—from 30 June 2026 |
9.14 |
10.34 |
|
Grade B—from 30 June 2025 to 29 June 2026 |
16.32 |
18.45 |
|
Grade B—from 30 June 2026 |
18.29 |
20.67 |
|
Grade 1 |
27.92 |
31.56 |
|
Grade 2 |
28.69 |
32.44 |
|
Grade 3 |
29.73 |
33.61 |
|
Grade 4 |
30.71 |
34.71 |
|
Grade 5 |
32.34 |
36.56 |
|
Grade 6 |
35.28 |
39.88 |
|
Grade 7 |
36.71 |
41.50 |
1 Afternoon shift means ordinary hours in a shift which finishes after 6.00pm and at or before 12.00 midnight, Monday to Friday (see clause 21.1).
2 Night shift means hours in a rotating roster shift which finishes after 12.00 midnight and at or before 8.00am Monday to Friday (see clause 21.2).
3 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
B.1.5 Full-time and part-time employees—overtime
[B.1.5 varied by PR718921, PR729364, PR740789; substituted by PR749151 ppc 30Jun23; varied by PR762212, PR773992, PR786642 ppc 01Jul25]
|
|
Monday to Saturday |
Saturday |
Sunday |
Public holidays |
|
|
|
First 2 hours |
After 2 hours |
After 12.00 noon where such time is not part of ordinary shift |
||
|
|
% of ordinary hourly rate1 |
||||
|
|
150% |
200% |
200% |
200% |
250% |
|
|
$ |
$ |
$ |
$ |
$ |
|
Grade A—from 30 June 2025 to 29 June 2026 |
10.65 |
14.20 |
14.20 |
14.20 |
17.75 |
|
Grade A—from 30 June 2026 |
11.93 |
15.90 |
15.90 |
15.90 |
19.88 |
|
Grade B—from 30 June 2025 to 29 June 2026 |
21.29 |
28.38 |
28.38 |
28.38 |
35.48 |
|
Grade B—from 30 June 2026 |
23.85 |
31.80 |
31.80 |
31.80 |
39.75 |
|
Grade 1 |
36.42 |
48.56 |
48.56 |
48.56 |
60.70 |
|
Grade 2 |
37.43 |
49.90 |
49.90 |
49.90 |
62.38 |
|
Grade 3 |
38.78 |
51.70 |
51.70 |
51.70 |
64.63 |
|
Grade 4 |
40.05 |
53.40 |
53.40 |
53.40 |
66.75 |
|
Grade 5 |
42.18 |
56.24 |
56.24 |
56.24 |
70.30 |
|
Grade 6 |
46.02 |
61.36 |
61.36 |
61.36 |
76.70 |
|
Grade 7 |
47.88 |
63.84 |
63.84 |
63.84 |
79.80 |
1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.
B.2 Casual employees
B.2.1 Casual ordinary hourly rate includes the casual loading which is payable for all purposes.
B.2.2 Casual employees—ordinary and penalty rates
[B.2.2 varied by PR718921, PR729364, PR740789; substituted by PR749151 ppc 30Jun23; varied by PR762212, PR773992, PR786642 ppc 01Jul25]
|
|
Ordinary hours |
Saturday |
Sunday |
|
|
|
|
|
Catering services employees |
All other employees |
|
|
% of casual ordinary hourly rate1 |
|||
|
|
100% |
150% |
175% |
200% |
|
|
$ |
$ |
$ |
$ |
|
Grade A—from 30 June 2025 to 29 June 2026 |
8.88 |
13.32 |
15.54 |
17.76 |
|
Grade A—from 30 June 2026 |
9.94 |
14.91 |
17.40 |
19.88 |
|
Grade B—from 30 June 2025 to 29 June 2026 |
17.74 |
26.61 |
31.05 |
35.48 |
|
Grade B—from 30 June 2026 |
19.88 |
29.82 |
34.79 |
39.76 |
|
Grade 1 |
30.35 |
45.53 |
53.11 |
60.70 |
|
Grade 2 |
31.19 |
46.79 |
54.58 |
62.38 |
|
Grade 3 |
32.31 |
48.47 |
56.54 |
64.62 |
|
Grade 4 |
33.38 |
50.07 |
58.42 |
66.76 |
|
Grade 5 |
35.15 |
52.73 |
61.51 |
70.30 |
|
Grade 6 |
38.35 |
57.53 |
67.11 |
76.70 |
|
Grade 7 |
39.90 |
59.85 |
69.83 |
79.80 |
1 Casual ordinary hourly rate includes the casual loading payable for all purposes. Any all-purpose allowances applicable need to be added to these rates, see clauses B.1.1 and B.1.2.
B.2.3 Casual employees—shiftwork
[B.2.3 varied by PR718921, PR729364, PR740789; substituted by PR749151 ppc 30Jun23; varied by PR762212, PR773992, PR786642 ppc 01Jul25]
|
|
Afternoon shift1 (paid for whole shift) |
Night shift2 (paid for whole shift) |
|
|
% of casual ordinary hourly rate3 |
|
|
|
115% |
130% |
|
|
$ |
$ |
|
Grade A—from 30 June 2025 to 29 June 2026 |
10.21 |
11.54 |
|
Grade A—from 30 June 2026 |
11.43 |
12.92 |
|
Grade B—from 30 June 2025 to 29 June 2026 |
20.40 |
23.06 |
|
Grade B—from 30 June 2026 |
22.86 |
25.84 |
|
Grade 1 |
34.90 |
39.46 |
|
Grade 2 |
35.87 |
40.55 |
|
Grade 3 |
37.16 |
42.00 |
|
Grade 4 |
38.39 |
43.39 |
|
Grade 5 |
40.42 |
45.70 |
|
Grade 6 |
44.10 |
49.86 |
|
Grade 7 |
45.89 |
51.87 |
1 Afternoon shift means ordinary hours in a shift which finishes after 6.00pm and at or before 12.00 midnight, Monday to Friday (see clause 21.1).
2 Night shift means hours in a rotating roster shift which finishes after 12.00 midnight and at or before 8.00am Monday to Friday (see clause 21.2).
3 Casual ordinary hourly rate includes the casual loading payable for all purposes. Any all-purpose allowances applicable need to be added to these rates, see clauses B.1.1 and B.1.2.
Schedule C—Summary of Monetary Allowances
[Varied by PR718921, PR719073, PR729364, PR729546, PR740789, PR740952, PR750856, PR762212, PR762381, PR773992, PR774161, PR786642, PR786810]
See clause 18—Allowances for full details of allowances payable under this award.
C.1 Wage-related allowances
[C.1.1 varied by PR718921, PR729364, PR740789, PR762212, PR773992, PR786642 ppc 01Jul25]
C.1.1 The wage-related allowances in this award are based on the standard rate as defined in clause 2—Definitions as the minimum weekly rate for a Grade 5 (trade qualified) employee in clause 15.2 = $1068.40.
|
Allowance |
Clause |
% of standard rate |
$ |
Payable |
|
Leading hand, in charge of—3 to 10 employees1 |
18.2(b) |
4.52 |
48.29 |
per week |
|
Leading hand, in charge of—11 to 20 employees1 |
18.2(b) |
6.76 |
72.22 |
per week |
|
Leading hand, in charge of—more than 20 employees1 |
18.2(b) |
8.58 |
91.67 |
per week |
|
First aid allowance |
18.2(c) |
2.03 |
21.69 |
per week |
|
Toilet cleaning allowance—per week |
18.2(d) |
1.615 |
17.25 |
per week |
|
Toilet cleaning allowance—per shift |
18.2(d) |
0.329 |
3.52 |
per shift |
1 This allowance applies for all purposes of this award.
C.1.2 Automatic adjustment of wage-related allowances
[C.1.2 renamed and substituted by PR750856 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.
C.2 Expense-related allowances
[C.2.1 varied by PR719073, PR729546, PR740952, PR762381, PR774161, PR786810 ppc 01Jul25]
C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 18.3:
|
Allowance |
Clause |
$ |
Payable |
|
Use of vehicle allowance |
18.3(a) |
0.98 |
per km |
|
Meal allowance—overtime |
18.3(b) |
14.06 |
per meal |
|
Laundry allowance |
18.3(c) |
0.70 |
per day |
C.2.2 Adjustment of expense-related allowances
(a) At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
(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 |
|
Laundry allowance |
Clothing and footwear group |
|
Vehicle allowance |
Private motoring sub-group |
Schedule D—Supported Wage System
[Substituted by PR749151 ppc 30Jun23; varied by PR762212, PR773992, PR786642]
D.1 This schedule defines the conditions which will apply to an employee who meets the eligibility criteria in clause D.3 and who is the subject of a wage assessment using the Supported Wage System under clause 15.4(a).
D.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.
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.
workplace data means data collected by an employer with respect to an employee’s productive capacity in accordance with the Supported Wage System Handbook.
D.3.1 This schedule applies to employees with a disability who are unable to perform at the required productive capacity for their classification because of the effects of a disability.
D.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.
D.4.1 Employees to whom this schedule applies will be paid the higher of the following amounts:
(a) a percentage of the relevant minimum hourly rate of pay equal to the assessed productive capacity of the employee determined in accordance with clause D.5 rounded to the nearest whole percentage; and
[D.4.1(b) varied by PR762212, PR773992, PR786642 ppc 01Jul25]
(b) $3.12 per hour.
D.4.2 For the avoidance of doubt, there is no minimum amount payable to an employee per week.
D.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a person identified in clause 31.3.
D.5.2 The productivity benchmark(s) used for the conduct of an SWS assessment must:
(a) take into account the major task(s) performed by the employee; and
(b) be independently verified by an SWS assessor as being valid and appropriate.
D.5.3 All assessments made under Schedule D—Supported Wage System 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.
D.5.4 The approved assessor will assess the productive capacity of the employee having regard to:
(a) where an employer has collected workplace data with respect to an employee:
(i) the workplace data—50% weighting; and
(ii) the data collected by the approved assessor in accordance with the Supported Wage System—50% weighting;
(b) otherwise—the data collected by the approved assessor in accordance with the Supported Wage System.
D.5.5 Where, in undertaking an assessment in accordance with clause D.5.4(a), there is a disparity of greater than 20% between the overall productivity percentage calculated from the workplace data and the overall productivity percentage calculated from the data collected by the approved assessor, the employee, employer and approved assessor may agree to collect additional data. The additional data should be collected as soon as practicable and added to the existing data with respect to the employee for the purpose of undertaking the assessment in clause D.5.4(a).
D.5.6 In addition to an employee’s general right to access clause 30—Dispute resolution in relation to the process or outcome of a wage assessment, an employee or an employer may:
(b) after exhausting the process provided in clause D.5.6(a), raise a dispute in relation to the assessment of the employee's assessed productive capacity in accordance with clause 30—Dispute resolution. In those circumstances, the Commission may, in exercising its powers under clause 30.6, make a determination as to the employee's productive capacity, having regard to the reasonableness of the workplace data and the data collected by the approved assessor and fairness between the parties in all of the circumstances.
D.6 Lodgment of SWS wage assessment agreement
D.6.1 All SWS wage assessment agreements under the conditions of Schedule D—Supported Wage System, 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.
D.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 email to the union’s nominated email address and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
D.7 Review of assessment
For the purpose of clause 15.4(a):
D.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 Schedule D—Supported Wage System will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
D.9 Workplace adjustment
An employer wishing to employ a person under the provisions of Schedule D—Supported Wage System 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.
D.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer will employ a person under the provisions of Schedule D—Supported Wage System for a trial period of at least 13 weeks, but no longer than 26 weeks.
D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum hourly rate of pay for a continuing employment relationship will be determined in accordance with clause D.4 and clause D.5.
[D.10.3 varied by PR762212, PR773992, PR786642 ppc 01Jul25]
D.10.3 The employee must be paid at least $3.12 per hour for each hour worked during the trial period.
D.10.4 Once an assessment of capacity has been undertaken pursuant to clause D.5 and the employee's rate of pay is determined in accordance with clause D.4, the employer will apply any higher rate of pay determined in accordance with clause D.4.1 with effect from thirteen weeks after the commencement of the trial period.
D.10.5 Work trials should include induction or training as appropriate to the job being trialled.
Schedule E—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 F—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 G—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___
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Include if the employee is under 18 years of age:
Name of parent/guardian: ________________________________________ Signature of parent/guardian: ________________________________________ Date signed: ___/___/20___ |
Schedule H—Transitional Arrangements
[Schedule H—Part-day Public Holidays deleted by PR747454; Schedule H—Transitional Arrangements inserted by PR749151 ppc 30Jun23]
H.1 No reduction in hourly wage rate
An employer shall not reduce the hourly wage of any employee employed as at 1 January 2023 by reason of their:
H.1.1 classification or reclassification into Grade A or B; or
H.1.2 initial SWS assessment in the period from 30 June 2023 to 30 June 2026.
H.2 Initial SWS assessment during the transition period
H.2.1 This clause applies to any employee employed as at 30 June 2023 (to whom Schedule D—Supported Wage System) who has not been the subject of a SWS assessment prior to 30 June 2023.
H.2.2 The employee must be subject to an initial SWS wage assessment before 30 June 2026. Despite clause D.7.1, once this is done no further SWS wage assessment is required for a period of three years following this unless clause D.7.2 applies.
H.2.3 Until a SWS wage assessment occurs, despite clause 15.2 an employee shall remain on their current wage rate provided that the rate is adjusted by the same percentage amount and at the same time as any adjustment to the Grade 2 rate in this award as a result of any Annual Wage Review.
H.2.4 Any new employee must be subject to a SWS wage assessment in accordance with clause D.10.
[Schedule X—Additional Measures During the COVID-19 Pandemic varied by PR720633; corrected by PR720662; varied by PR721438, PR724065, PR728136, PR736911, PR743810; deleted by PR748510 ppc 01Jan23]