AP834608 - Virgin Mobile (Australia) Pty Ltd Award 2003

This Fair Work Australia consolidated award incorporates all amendments up to and including 3 October 2008 (variation PR983763).

Clauses affected by the most recent amendment(s) are:

21.	Allowances

About this Award:
Printed by authority of the Commonwealth Government Printer.

Disclaimer:
Please note that this consolidated award is prepared by the staff of Fair Work Australia and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Copies of official decisions, awards and orders of Fair Work Australia and the Australian Industrial Relations Commission (prior to 1 July 2009) can be accessed at no cost through Fair Work Australia’s website (www.fwa.gov.au) or purchased from any office of Fair Work Australia.

AP834608 [Pre-Reform FWA Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
s.111(1)(b) award by consent of the parties

Virgin Mobile (Australia) Pty Ltd
(C2003/2115)

Australian Municipal, Administrative, Clerical and Services Union
(C2003/5398)

s.99 notification of industrial dispute

Australian Municipal, Administrative, Clerical and Services Union

and

Virgin Mobile (Australia Pty Ltd)
(C2003/5138)

VIRGIN MOBILE (AUSTRALIA) PTY LTD AWARD 2003
(ODN C2000/35582)
[AW819699  PR924702]

Telecommunications services		
		
COMMISSIONER SMITH	Melbourne, 2 june 2004	

Wages and conditions.

AWARD

Further to the ex tempore decision issued by the Commission on 11 November 2003 [PR939547], the following award is made:

PART 1 - APPLICATION AND OPERATION 

1.	TITLE

This award shall be known as the Virgin Mobile (Australia) Pty Ltd Award 2003.

2.	ARRANGEMENT

[2 amended by PR951419 PR970003]

This award is arranged as follows:

Part 1 - application and operation

1.	Title
2.	Arrangement [PR970003]
3.	Anti-discrimination
4.	Definitions
5.	Commencement date of award and period of operation
6.	Coverage of award
7.	Parties bound
8.	Exemptions

Part 2 - enterprise flexibility

9.	Enterprise flexibility provisions

Part 3 - dispute resolution

10.	Dispute resolution procedure [PR951419]

Part 4 - employment relationship

11.	Employee duties
12.	Employment categories [PR970003]
13.	Abandonment of employment
14.	Absence from duty
15.	Standing down employees
16.	Notice of termination [PR951419]
17.	Redundancy [PR951419]

Part 5 - wages and related matters

18.	Classifications and salaries [PR959577]
19.	Mixed functions
20.	Payment of wages
21	Allowances [PR983763]

Part 6 - hours of work, breaks, overtime, shift work, weekend work

22.	Hours of work
23.	Meal breaks
24.	Overtime

Part 7 - types of leave and public holidays

25.	Annual leave [PR970003]
26.	Personal leave [PR970003]
26A.	Bereavement leave [PR970003]
27.	Parental leave [PR970003]
28.	Jury service
29.	Public holidays

Part 8 - superannuation

30.	Superannuation

3.	ANTI-DISCRIMINATION

3.1	It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 (the Act) through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

3.2	Accordingly, in fulfilling their obligations under the dispute resolution procedure clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

3.3	Nothing in this clause is taken to affect:

3.3.1	any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

3.3.2	junior rates of pay;

3.3.3	an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application  to the Human Rights and Equal Opportunity Commission;

3.3.4	the exemptions in s.170CK(3) and (4) of the Act.

4.	DEFINITIONS

In this award, unless the contrary intention appears:

4.1	Commission shall mean the Australian Industrial Relations Commission.

4.2	Union shall mean the Australian Municipal, Administrative Clerical and Services Union (ASU).

4.3	Act shall mean the Workplace Relations Act 1996.

4.4	Employer shall mean Virgin Mobile (Australia) Pty Ltd.

5.	COMMENCEMENT DATE OF AWARD AND PERIOD OF OPERATION

5.1	This award shall come into force on and from the beginning of the first full pay period commencing on or after 1 November 2003 and shall remain in force for three years.

5.2	Subject to clause 8 - Exemptions, this award shall override the operation of all awards to which an employer may have been bound prior to the operation of this award, in respect of the classifications covered by this award.

5.3	Nothing in this award shall in itself operate to reduce the conditions of employment of an employee which were in existence immediately prior to or at the commencement of this award in respect of allowable matters.

6.	COVERAGE OF AWARD

6.1	Subject to the exemptions set out in 6.3 and clause 8 - Exemptions, this award applies to those employees in classifications set out in clause 18 - Classifications and salaries, who are engaged by a business in the telecommunications services industry.

6.2	For the purposes of this award, a business in the telecommunications services industry means:

6.2.1	Any business whose principal function is carrying on the supply of telecommunications services and includes any business whose principal function is the supply of value added telecommunications services; and/or

6.2.2	Any business whose principal function is incidental, ancillary or complementary to the supply of telecommunications services.

6.3	This award does not apply to any business:

6.3.1	Whose principal function is the manufacture and supply of telecommunications equipment and line whether or not such business also installs and maintains telecommunications equipment and line; and

6.3.2	Whose principal function is the installation, service and/or maintenance of telecommunications equipment and line, unless the business also operates that equipment and line.

7.	PARTIES BOUND

This award is binding upon:

7.1	The Australian Municipal, Administrative Clerical and Services Union (ASU);

7.2	Virgin Mobile (Australia) Pty Ltd, Level 5, 33-35 Pitt Street, Sydney NSW 2000.

8.	EXEMPTIONS

8.1	This award shall not apply to:

8.1.1	Employees in classifications other than those specified in clause 18 - Classifications and salaries.

8.1.2	Employees covered by the following awards:

•	Metal, Engineering and Associated Industries Award 1998, Part I [AW789529  Print Q0444];

•	Metal, Engineering and Associated Industries (Professional Engineers and Scientists) Award 1998 [AW787948  Print Q2531];

•	Information Technology Industry (Professional Employees) Award 2001 [AW812692CRA  PR912647];

•	Telecommunications Industry (Professional Employees) Award 2002 [AW816688  PR919361];

•	Business Equipment Industry - Technical Service - Award 1999 [AW769412  Print S1768]; and

•	Business Equipment Industry - Clerical Officers - Award 2000 [AW769431  Print S9636].

8.2	Exemptions for various classifications

8.2.1	The award provisions in 8.2.2 shall not apply to persons in the following classifications:

8.2.1(a)	Customer contact stream

•	Principal customer contact leader.

8.2.1(b)	Clerical and administrative stream

•	Clerical and administrative employee - level 5.

8.2.2	Exempt award provisions

•	19 - Mixed functions;
•	20 - Payment of wages;
•	21 - Allowances;
•	22.1 - Hours of work - day workers;
•	22.2 - Hours of work - shift workers;
•	22.3 - General provisions applicable to both day workers and shift workers;
•	23 - Meal breaks;
•	24 - Overtime;
•	25.8.2 and 25.8.3 - Annual leave loading; and
•	29.7 - Payment for time worked on a public holiday.

8.2.3	Obligations upon employers for exempted classifications

The following obligations apply to employers in relation to exempted classifications.

8.2.3(a)	The ordinary hours of work of employees in those classifications set out in 8.2.1, should not exceed the ordinary hours of duty in the particular industry or sector of industry in which the employee is employed. Employers will compensate for:

8.2.3(a)(i)	time worked regularly in excess of ordinary hours of duty;

8.2.3(a)(ii)	time worked on public holidays;

8.2.3(a)(iii)	time spent standing-by in readiness for a call back;

8.2.3(a)(iv)	time spent carrying out duties outside of the ordinary hours of duty over the telephone or via remote access arrangements; or

8.2.3(a)(v)	time worked on afternoon, night or weekend shifts;

8.2.3(b)	either by:

8.2.3(b)(i)	taking this factor into account in the fixation of annual remuneration;

8.2.3(b)(ii)	granting special additional remuneration; or

8.2.3(b)(iii)	granting a special allowance or loading; or

8.2.3(b)(iv)	granting other compensation such as special additional leave.

8.2.3(c)	An employee shall be advised in writing upon engagement, or in any other case upon a request being made in writing to the employer, of the method of compensation being used. The methods of compensation are set out in 8.2.3(b). If the employer is compensating the employee by a method identified in 8.2.3(b), the employer shall identify the special additional remuneration, allowance or loading which is being paid.

8.2.3(d)	Transfers

Where an employee is transferred permanently from day work to shift work or from shift work to day work, such employee should receive at least one month’s notice. However, the employer and the employee may agree on a lesser period of notice.

8.2.3(e)	In the event of a dispute arising between an employee and their employer concerning hours of work, the employee and any representative of the employee shall have the right to raise the matter in accordance with clause 10 - Dispute resolution procedure.

8.2.3(f)	Payment of wages

At the election of the employer, wages may be paid weekly or fortnightly or in accordance with existing practices. Where agreement is reached with an individual employee, wages may be paid four weekly or monthly. This agreement may be reached at the time when the employee commences employment, but is not limited to such time.

8.2.3(g)	Annual leave loading

In addition to the annual leave payments specified in 25.8.1, employees shall be paid an annual leave loading of 17.5%. However, where an employer, in determining the total remuneration of an employee, can demonstrate that it has taken into account that an annual leave loading will not be paid to the employee because the total remuneration has been fixed having regard to this fact, or because other benefits related to annual leave of equal value have been granted by the employer, an entitlement to the annual leave loading shall not accrue.

PART 2 - ENTERPRISE FLEXIBILITY 

9.	ENTERPRISE FLEXIBILITY PROVISIONS

(See ss.113A and 113B of the Act)

Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

9.1	A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established.

9.2	For the purpose of the consultative process the employees may nominate the Union or another to represent them.

9.3	Where agreement is reached an application shall be made to the Commission.

PART 3 - DISPUTE RESOLUTION 

10.	DISPUTE RESOLUTION PROCEDURE

10.1	In the event of a dispute arising in a workplace covered by this award, the following procedure will apply:

10.1.1	The employee(s) concerned will first meet and confer with their immediate supervisor. The employee(s) may appoint another person to act on their behalf including a union delegate.

10.1.2	Subject to 10.2 and 10.3, where an employee representative (including a union delegate) is involved, he/she will be allowed the necessary time during working hours to interview employee(s) and the supervisor.

10.1.3	If the matter is not resolved at such a meeting the parties will arrange further discussions involving more senior management as appropriate. The employee(s) may invite a union official to be involved in the discussions. The employer may also invite into the discussions an officer of the employer organisation to which the employer belongs.

10.1.4	The union delegate shall be allowed at a place designated by the employer, a reasonable period of time during working hours to interview the duly accredited Union Officials of the Union to which they belong.

10.1.5	If the matter remains unresolved, the dispute may then be referred to the Australian Industrial Relations Commission for assistance in resolving the matter.

10.2	In order to facilitate the procedure in this clause:

10.2.1	The party with the grievance must notify the other party at the earliest opportunity of the problem.

10.2.2	Throughout all stages of the procedure all relevant facts must be clearly identified and recorded.

10.2.3	Sensible time limits must be allowed for completion of the various stages of discussion. However, the parties must cooperate to ensure that the disputes resolution procedures are carried out as quickly as possible.

10.3	While the parties are attempting to resolve the matter the parties will continue to work in accordance with this award and their contract of employment unless the employee has a reasonable concern about an imminent risk to his or her health and safety. Subject to relevant provisions of any State or Territory occupational health and safety law, even if the employee has a reasonable concern about an imminent risk to his or her health or safety, the employee must not unreasonably fail to comply with a direction by his or her employer to perform other available work, whether at the same enterprise or another enterprise, that is safe and appropriate for the employee to perform.

10.4	Dispute resolution procedure training leave

10.4.1	Subject to 10.4.8, an eligible employee representative will be entitled to, and the employer will grant, up to five days training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Workplace Relations Act 1996, or with any relevant certified agreement which provides it is to be read in conjunction with this award.

10.4.2	An employee representative or the relevant Union shall give the employer six weeks of notice of the employee representative’s intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

10.4.3	The notice to the employer shall include details of the type, content and duration of the course to be attended.

10.4.4	The taking of such leave shall be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

10.4.5	An employee representative taking such leave shall be paid all ordinary time earnings which normally become due and payable during the period of leave.

10.4.6	Leave of absence granted pursuant to this clause shall count as service for all purposes of this award.

10.4.7	A dispute in relation to:

10.4.7(a)	the granting of leave to an employee for the purpose of attending a course which is not an agreed course, or not a course approved by agreement between a Union mentioned in 7.1 and the employer mentioned in 7.2; or

10.4.7(b)	an alleged inability to make adequate staffing arrangements to meet the operational requirements of the employer;

shall be resolved in accordance with the procedure set out in this clause provided that the procedure can be activated for this purpose either by a Union or by the employer concerned.

10.4.8	The dispute resolution procedure is activated when the employer advises the employee representative or the relevant Union that the employer will not or may not grant the leave. If the dispute resolution procedure is not so activated by or on behalf of the relevant employer within seven days of the receipt of the notice of intention to attend the course and take leave, the leave is to be granted.

10.4.9	For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is a shop steward, a delegate or an employee representative duly elected or appointed by the employees in a workplace, generally or collectively, for all or part of a workplace pursuant to 10.1.1 and 10.1.2, for the purpose of representing those employees in the dispute resolution procedure, who is within the class and number of representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:

Number of employees employed by employer in enterprise or workplace	Maximum number of eligible employee representatives entitled per year commencing 1 January 2003	
		
5 - 15	1	
16 - 30	2	
31 - 50	3	
51 - 90	4	
More than 90	5	

Provided that if the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year shall be resolved by agreement between those entitled, or if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.

10.4.10	For purposes of applying the quota table employees employed by the employer in the enterprise or workplace are employees covered by the award, employed by the eligible employee representative’s employer who are full-time, part-time or fixed-term employees, or casual employees with six months or more service; being employees engaged in the enterprise or workplace to which the procedure established under 10.1 applies; or if no such procedure is established for a readily identifiable enterprise or workplace, being employees engaged by the employer in the employment covered by the award.

10.4.11	Without limiting the generality of courses that may qualify for purposes of 10.4.7(a), a course directed at the enhancement of the operation of the dispute resolution procedures includes a course relating to that subject matter which is a course:

10.4.11(a)	agreed between the employer and the relevant eligible employee representative, or

10.4.11(b)	approved jointly by the organisation of employees listed in 7.1 and with the employer listed in 7.2.

10.5	Redundancy disputes

[10.5 inserted by PR951419 ppc 27Aug04]

10.5.1	Clauses 10.5.2 and 10.5.3 hereof impose additional obligations on the employer where the employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute).

10.5.2	Where a redundancy dispute arises, and if it has not already done so, the employer must provide affected employees and the union (if requested by any affected employee) in good time, with relevant information including:

•	the reasons for any proposed redundancy;

•	the number and categories of workers likely to be affected; and

•	the period over which any proposed redundancies are intended to be carried out.

10.5.3	Where a redundancy dispute arises and discussions occur in accordance with this clause, the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.

PART 4 - EMPLOYMENT RELATIONSHIP 

11.	EMPLOYEE DUTIES

11.1	General duties

11.1.1	An employer may direct an employee to carry out such duties as are within the limits of the employee’s skills, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote de-skilling.

11.1.2	An employer may direct an employee to carry out such duties and use such tools and equipment as may be required provided that the employee has been properly trained in the use of such tools and equipment.

11.1.3	Any direction issued by an employer under this clause is to be consistent with the employer’s responsibilities to provide a safe and healthy working environment.

12.	EMPLOYMENT CATEGORIES

12.1	Probationary employment

12.1.1	An employer may initially engage a full-time or part-time employee for a period of probationary employment for the purpose of determining the employee’s suitability for ongoing employment.

12.1.1(a)	The employee must be advised in advance that the employment is probationary and of the duration of the probation.

12.1.1(b)	The maximum duration of the probationary period shall be three months unless a longer period of probation is reasonable having regard to the nature and circumstances of the employment.

12.1.2	A probationary employee is for all purposes of the award a full-time or part-time employee.

12.1.3	Probationary employment forms part of an employee’s period of continuous service for all purposes of the award, except where otherwise specified in this award.

12.2	Full-time employment

Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award.

12.3	Casual employment

12.3.1	An employer may engage employees on a casual basis in which case employment may be terminated by an hour’s notice given either by the employer or the employee, or by the payment or forfeiture of an hour’s wage as the case may be.

12.3.2	A casual employee is one engaged and paid as such and for working ordinary time shall be paid per hour 1/38th of the weekly wage prescribed by this award for the work which the employee performs, plus 20%.

12.3.3	Caring responsibilities

[12.3.3 inserted by PR970003 ppc 16Mar06]

12.3.3(a)	Subject to the evidentiary and notice requirements in 26.7 and 26.8, casual employees are entitled to not be available to attend work, or to leave work:

•	if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or

•	upon the death in Australia of an immediate family or household member.

12.3.3(b)	The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

12.3.3(c)	An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

12.4	Part-time employment

12.4.1	An employee may be engaged to work on a part-time basis involving a regular pattern of hours which shall average less than 38 hours per week. An employee so engaged shall be paid per hour 1/38th of the weekly rate prescribed by 18.4 for the work performed.

12.4.2	Overtime shall be payable to part-time employees for time worked in excess of the hours fixed in accordance with the pattern of hours applicable to the employee. However, a part-time employee is not entitled to be paid overtime penalties on a day until he or she has worked at least an equivalent number of hours that day to an equivalent full-time employee in the relevant section of the enterprise. Provided that a part-time employee shall not work more than 38 hours in any week at ordinary rates.

12.4.3	The terms of this award shall apply pro rata to part-time employees on the basis that ordinary weekly hours for full-time employees are 38 hours.

12.4.4	Public holidays

Where the part-time employee’s normal paid hours fall on a public holiday prescribed in clause 29 - Public holidays, and work is not performed by the employee, such employee shall not lose pay for the day. Where the employee works on the holiday, such employee shall be paid in accordance with 29.7.

12.5	Trainees

The parties to this award shall observe the terms of the National Training Wage Award 2000 [AW790899  PR904174], as amended.

13.	ABANDONMENT OF EMPLOYMENT

13.1	The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned the employment.

13.2	Provided that if within a period of fourteen days from the employee’s last attendance at work or the date of the employee’s last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of the employer that the employee is absent for reasonable cause, the employee shall be deemed to have abandoned the employment.

13.3	Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day’s absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the latter.

14.	ABSENCE FROM DUTY

Unless a provision of this award or the Act states otherwise (e.g. sick leave), an employee not attending for duty will lose pay for the actual time of such non-attendance.

15.	STANDING DOWN EMPLOYEES

The employer has the right to deduct payment for any time the employee cannot be usefully employed because of any strike or through any failure in equipment or facilities or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

16.	NOTICE OF TERMINATION

[16 substituted by PR951419 ppc 27Aug04]

16.1	Notice of termination by employer

16.1.1	In order to terminate the employment of an employee, the employer must give to the employee the period of notice specified in the table below:

Period of continuous service	Period of notice	
		
1 year or less	1 week	
Over 1 year and up to the completion of 3 years	2 weeks	
Over 3 years and up to the completion of 5 years	3 weeks	
Over 5 years of completed service	4 weeks	

16.1.2	In addition to the notice in clause 16.1.1 hereof, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week's notice.

16.1.3	Payment in lieu of the prescribed notice in clauses 16.1.1 and 16.1.2 hereof must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

16.1.4	The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee's employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

16.1.4(a)	the employee's ordinary hours of work (even if not standard hours); and

16.1.4(b)	the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

16.1.4(c)	any other amounts payable under the employee's contract of employment.

16.1.5	The period of notice in this clause does not apply:

16.1.5(a)	in the case of dismissal for serious misconduct;

16.1.5(b)	to employees engaged for a specific period of time or for a specific task or tasks;

16.1.5(c)	to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

16.1.5(d)	to casual employees.

16.1.6	Continuous service is defined in clause 25.6 of this award.

16.2	Notice of termination by an employee

16.2.1	The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

16.2.2	If an employee fails to give the notice specified in clause 16.1.1 hereof, the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under clause 16.1.4 hereof.

16.3	Job search entitlement

Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer.

16.4	Transmission of business

Where a business is transmitted from one employer to another, as set out in clause 17 of this award, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.

17.	REDUNDANCY

[17 substituted by PR951419 ppc 27Aug04]

17.1	Definitions

17.1.1	Business includes trade, process, business or occupation and includes part of any such business.

17.1.2	Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.

17.1.3	Transmission includes transfer, conveyance, assignment or succession, whether by agreement or by operation of law, and transmitted has a corresponding meaning.

17.1.4	Week's pay means the ordinary time rate of pay for the employee concerned.  Provided that such rate shall exclude:

•	overtime;

•	penalty rates;

•	disability allowances;

•	shift allowances;

•	special rates;

•	fares and travelling time allowances;

•	bonuses; and

•	any other ancillary payments of a like nature.

17.2	Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

17.3.1	Severance pay

An employee whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service	Severance pay	
		
Less than 1 year	Nil	
1 year and less than 2 years	4 weeks' pay*	
2 years and less than 3 years	6 weeks' pay	
3 years and less than 4 years	7 weeks' pay	
4 years and less than 5 years	8 weeks' pay	
5 years and less than 6 years	10 weeks' pay	
6 years and less than 7 years	11 weeks' pay	
7 years and less than 8 years	13 weeks' pay	
8 years and less than 9 years	14 weeks' pay	
9 years and less than 10 years	16 weeks' pay	
10 years and over	12 weeks' pay	

*	Week's pay is defined in clause 17.1 hereof.

17.3.2	Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

17.3.3	Continuity of service shall be calculated in the manner prescribed by clause 25.6 of this award.

17.3.4	Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the redundancy case decision [PR032004, 26 March 2004] and the redundancy case supplementary decision [PR062004, 8 June 2004].

17.4	Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 16 of this award. In this circumstance, the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

17.5	Alternative employment

17.5.1	An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

17.5.2	This provision does not apply in circumstances involving transmission of business as set in clause 17.7 hereof.

17.6	Job search entitlement

17.6.1	During the period of notice of termination given by the employer in accordance with clause 17.1 hereof, an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

17.6.2	If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or he/she shall not receive payment for the time absent. For this purpose, a statutory declaration will be sufficient.

17.6.3	The job search entitlements under this clause apply in lieu of the provisions of clause 16.3 of this award.

17.7	Transmission of business

17.7.1	The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this clause called the transmittor) to another employer (in this clause called the transmittee), in any of the following circumstances:

17.7.1(a)	where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

17.7.1(b)	where the employee rejects an offer of employment with the transmittee:

in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

17.7.2	The Commission may vary clause 17.7.1(b) hereof if it is satisfied that this provision would operate unfairly in a particular case.

17.8	Employees exempted

This clause does not apply to:

•	employees terminated as a consequence of serious misconduct that justifies dismissal without notice;

•	probationary employees;

•	trainees;

•	employees engaged for a specific period of time or for a specified task or tasks; or

•	casual employees.

17.9	Incapacity to pay

The Commission may vary the severance pay prescription on the basis of an employer's incapacity to pay. An application for variation may be made by an employer or a group of employers.

PART 5 - WAGES AND RELATED MATTERS 

18.	CLASSIFICATIONS AND SALARIES

18.1	Classification tables

18.1.1	Customer contact stream

Classification	Relativity	Alignment to qualification	
			
Customer contact trainee	87.4%	N/A	
Customer contact officer level 1	92.4%	Certificate II	
Customer contact officer level 2	100%	Certificate III	
Principal customer contact specialist	110%	N/A	
Customer contact team leader	115%	Certificate IV	
Principal customer contact leader	130%	Diploma	

18.1.2	Clerical and administrative stream

Classification	Relativity	Alignment to qualification	
			
Clerical and administrative employee level 1	87.4%	Certificate I	
Clerical and administrative employee level 2	92.4%	Certificate II	
Clerical and administrative employee level 3	100%	Certificate III	
Clerical and administrative employee level 4	115%	Certificate IV	
Clerical and administrative employee level 5	130%	Diploma	

18.2	Customer contact stream - classifications

18.2.1	Customer contact trainee

A Customer contact trainee is engaged in a course of training and development (other than through a new apprenticeship/traineeship) to enable them to perform customer contact functions in the telecommunications industry.

An employee at this level would not normally perform customer contact functions without direct/immediate supervision.

An employee would normally graduate from the course of training as a Customer Contact Officer.

18.2.2	Customer contact officer level 1

18.2.2(a)	Role definition

A Customer contact officer level 1 is employed to perform a prescribed range of functions involving known routines and procedures and some accountability for the quality of outcomes. Such an employee shall:

•	receive calls;
•	use common call centre telephone and computer technology;
•	enter and retrieve data;
•	work in a team; and
•	manage their own work under guidance.

Such an employee provides at least one specialised service to customers such as sales and advice for products or services, complaints or fault enquiries or data collection for surveys.

18.2.2(b)	Indicative tasks

18.2.2(b)(i)	An employee at this level would normally perform the following indicative tasks:

•	Follow occupational health and safety policy and procedures;
•	Communicate in a customer contact centre;
•	Work in a customer contact centre environment;
•	Respond to inbound customer contact;
•	Conduct outbound customer contact;
•	Use basic computer technology;
•	Use an enterprise information system; and
•	Provide quality customer service.

18.2.2(b)(ii)	An employee at this level would also normally perform some of the following indicative tasks:

•	Fulfil customer needs;
•	Process sales;
•	Action customers’ fault reports;
•	Resolve customers’ complaints;
•	Process low risk credit applications;
•	Process basic customer account enquiries; and
•	Conduct data collection.

18.2.2(c)	Qualifications

An employee who holds a Certificate II in Telecommunications (Customer Contact) or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.

18.2.3	Customer contact officer level 2

18.2.3(a)	Role definition

18.2.3(a)(i)	A Customer contact officer level 2 is employed to perform a defined range of skilled operations, usually within a range of broader related activities involving known routines, methods and procedures, where some discretion and judgement is required in the selection of equipment, services or contingency measures and within known time constraints. Such a person shall:

•	receive calls;
•	use common call centre telephone and computer technology;
•	enter and retrieve data;
•	work in a team; and
•	manage their own work under guidance.

18.2.3(a)(ii)	This employee performs a number of functions within a customer contact operation requiring a diversity of competencies including:

•	providing multiple specialised services to customers such as complex sales and service advice for a range of products or services, difficult complaint and fault inquiries, deployment of service staff;
•	using multiple technologies such as telephony, Internet services and face-to-face contact; and
•	providing a limited amount of leadership to less experienced employees.

18.2.3(b)	Indicative tasks

18.2.3(b)(i)	An employee at this level would normally perform the following indicative tasks:

•	Follow occupational health and safety policy and procedures;
•	Communicate in a customer contact centre;
•	Work in a customer contact centre environment;
•	Respond to inbound customer contact;
•	Conduct outbound customer contact;
•	Use basic computer technology;
•	Use an enterprise information system; and
•	Provide quality customer service.

18.2.3(b)(ii)	An employee at this level would also normally perform some of the following indicative tasks:

•	Send and retrieve information over the Internet using browsers and email;
•	Manage work priorities and professional development;
•	Manage workplace relationships in a contact centre;
•	Use multiple information systems;
•	Manage customer relationships;
•	Deploy customer service staff;
•	Conduct a telemarketing campaign;
•	Provide sales solutions to customers;
•	Negotiate with customers on major faults;
•	Resolve complex customer complaints;
•	Process high risk credit applications; and
•	Process complex accounts, service severance and defaults.

18.2.3(c)	Qualifications

An employee who holds a Certificate III in Telecommunications (Customer Contact) or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.

18.2.4	Principal customer contact specialist

18.2.4(a)	Role definition

18.2.4(a)(i)	A Principal customer contact specialist is employed to perform a broad range of skilled applications and provision of leadership and guidance to others in the application and planning of the skills.

18.2.4(a)(ii)	Such an employee:

•	receives calls;
•	uses common call centre telephone and computer technology;
•	enters and retrieves data;
•	works in a team; and
•	manages their own work.

18.2.4(b)	The employee works with a high degree of autonomy with authority to make decisions in relation to specific customer contact matters, provides leadership as a coach, mentor or senior staff member.

18.2.4(c)	An employee at this level performs a number of functions within a customer contact operation requiring a diversity of competencies including:

•	providing services to customers involving a high level of product or service knowledge, often autonomously acquired;
•	using multiple technologies such as telephony, Internet services and face-to-face contact; and
•	taking responsibility for the outcomes of customer contact and rectifying complex situations involving emergencies, substantial complaints and faults, disruptions or disconnection of service or customer dissatisfaction.

18.2.5	Customer contact team leader

18.2.5(a)	Role definition

A Customer contact team leader is employed to perform a broad range of skilled applications including evaluating and analysing current practices, developing new criteria and procedures for performing current practices and providing leadership and guidance to others in the application and planning of the skills.

18.2.5(a)(i)	Such an employee:

•	receives calls;
•	uses common call centre telephone and computer technology;
•	enters and retrieves data;
•	works in a team; and
•	manages their own work.

18.2.5(a)(ii)	The employee works with a high degree of autonomy with authority to make decisions in relation to specific customer contact matters and provides leadership in a team leader role.

18.2.5(a)(iii)	This employee performs a number of functions within a customer contact operation requiring a diversity of competencies including:

•	providing services to customers involving a high level of product or service knowledge, often autonomously acquired;
•	using multiple technologies such as telephony, internet services and face-to-face contact; and
•	taking responsibility for the outcomes of customer contact and rectifying complex situations involving emergencies, substantial complaints and faults, disruptions or disconnection of service or customer dissatisfaction.

18.2.5(b)	Indicative tasks

18.2.5(b)(i)	An employee at this level would normally perform the following indicative tasks:

•	Follow occupational health and safety policy and procedures;
•	Communicate in a customer contact centre;
•	Work in a customer contact centre environment;
•	Respond to inbound customer contact;
•	Conduct outbound customer contact;
•	Use basic computer technology;
•	Use an enterprise information system;
•	Provide quality customer service; and
•	Provide leadership in a contact centre.

18.2.5(b)(ii)	An employee at this level would also normally perform some of the following indicative tasks:

•	Lead operations in a contact centre;
•	Monitor safety in a contact centre;
•	Implement continuous improvement in a contact centre;
•	Lead innovation and change in a contact centre;
•	Administer customer contact telecommunications technology;
•	Implement customer service strategies in a contact centre;
•	Implement information systems in a contact centre;
•	Acquire product or service knowledge;
•	Gather, collate and record information;
•	Analyse information;
•	Lead teams in a contact centre; and
•	Develop teams and individuals in a contact centre.

18.2.5(c)	Qualifications

An employee who holds a Certificate IV in Telecommunications (Customer Contact) or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.

18.2.6	Principal customer contact leader

18.2.6(a)	Role definition

18.2.6(a)(i)	A Principal customer contact leader is employed in the application of a significant range of fundamental principles and complex techniques across a wide and often unpredictable variety of functions in either varied or highly specific functions. Contribution to the development of a broad plan, budget or strategy is involved and accountability and responsibility for self and others in achieving the outcomes is involved.

18.2.6(a)(ii)	A Telecommunications customer contact leader would coordinate the work of a number of teams within a call centre environment, and would typically have a number of specialists/supervisors reporting to them.

18.2.6(b)	Indicative tasks

The following tasks are indicative of those performed by an employee at this level:

•	Manage personal work priorities and professional development;
•	Provide leadership in the workplace;
•	Establish effective workplace relationships;
•	Facilitate work teams;
•	Manage operational plan;
•	Manage workplace information systems;
•	Manage quality customer service;
•	Ensure a safe workplace;
•	Promote continuous improvement;
•	Facilitate and capitalize on change and innovation; and
•	Develop a workplace learning environment.

18.2.6(c)	Qualifications

An employee who holds a Diploma - Front Line Management or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.

18.2.7	Interpretation

18.2.7(a)	The indicative tasks set out in 18.2 are aligned to the units of competency in the Information Technology and Telecommunications Industry Training Advisory Board’s endorsed customer contact competency standards in the Telecommunications Training Package (ICT2002). The indicative tasks for Principal customer contact leader are aligned to the units of competency in Business Services Training Australia’s endorsed competency standards in the Business Services Training Package (BSB2001).

18.2.7(b)	In the event of a dispute over the meaning of the indicative tasks the relevant standards will be used to assist interpretation.

18.3	Clerical and administration stream - classifications

18.3.1	Clerical and administration employee level 1

18.3.1(a)	Role definition

An employee at this level:

•	works under direct supervision with regular checking of progress;
•	applies knowledge and skills to a limited range of tasks; and
•	performs work within established routines, methods and procedures that are predictable and which require the exercise of limited discretion.

18.3.1(b)	Indicative tasks

The following tasks are indicative of those performed by an employee at this level:

•	Prepare for work;
•	Complete daily work activities;
•	Apply basic communication skills;
•	Plan skills development;
•	Use business equipment;
•	Follow workplace safety procedures;
•	Operate a personal computer;
•	Develop keyboard skills; and
•	Follow environmental work practices.

18.3.1(c)	Qualifications

An employee who holds a Certificate I in Business or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.

18.3.2	Clerical and administration employee level 2

18.3.2(a)	Role definition

An employee at this level:

•	works under routine supervision with intermittent checking;
•	applies knowledge and skills to a range of tasks; and
•	usually performs work within established routines, methods and procedures, which involve the exercise of some discretion and minor decision making.

18.3.2(b)	Indicative tasks

The following tasks are indicative of those performed by an employee at this level:

•	Work effectively in a business environment;
•	Organise and complete daily work activities;
•	Communicate in the workplace;
•	Work effectively with others;
•	Use business technology;
•	Process and maintain workplace information;
•	Prepare and process financial/business documents;
•	Deliver a service to customers;
•	Provide information to clients;
•	Implement improved work practices;
•	Participate in workplace safety procedures;
•	Handle mail;
•	Produce simple word-processed documents;
•	Create and use simple spreadsheets; and
•	Participate in environmental work practices.

18.3.2(c)	Qualifications

An employee who holds a Certificate II in Business or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.

18.3.3	Clerical and administration employee level 3

18.3.3(a)	Role definition

An employee at this level:

•	works under limited supervision with checking related to overall progress;
•	may be responsible for the work of others and may be required to coordinate such work;
•	applies knowledge with depth in some areas and a broad range of skills; and
•	performs work within routines, methods and procedures where some discretion and judgment is required.

18.3.3(b)	Indicative tasks

The following tasks are indicative of those performed by an employee at this level:

•	Exercise initiative in a business environment;
•	Organise personal work priorities and development;
•	Contribute to effective workplace relationships;
•	Contribute to personal skill development and learning;
•	Organise workplace information;
•	Produce business documents;
•	Maintain business resources;
•	Maintain financial records;
•	Recommend products and services;
•	Deliver and monitor a service to customers;
•	Maintain workplace safety;
•	Support innovation and change;
•	Maintain environmental procedures;
•	Produce texts from shorthand notes;
•	Produce texts from notes;
•	Produce texts from audio transcription;
•	Design and develop text documents;
•	Create and use databases;
•	Create electronic presentations;
•	Organise schedules;
•	Process payroll;
•	Process accounts payable and receivable;
•	Maintain a general ledger;
•	Support leadership in the workplace;
•	Participate in work teams;
•	Support operational plans;
•	Provide workplace information and resourcing plans;
•	Support continuous improvement systems and processes;
•	Deliver and monitor a service to customers; and
•	Support a workplace learning environment.

18.3.3(c)	Qualifications

An employee who holds a Certificate III in Business or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.

18.3.4	Clerical and administration employee level 4

18.3.4(a)	Role definition

An employee at this level:

•	works without supervision, with general guidance on progress and outcomes sought;
•	may be responsible for the organisation of the work of others;
•	applies knowledge with depth in some areas and a broad range of skills;
•	performs a wide range of tasks, and the range and choice of actions required will usually be complex; and
•	performs work within routines, methods and procedures where discretion and judgment is required, for both self and others.

18.3.4(b)	Indicative tasks

The following tasks are indicative of those performed by an employee at this level:

•	Develop work priorities;
•	Establish business networks;
•	Develop teams and individuals;
•	Analyse and present research information;
•	Maintain business technology;
•	Coordinate business resources;
•	Report on financial activity;
•	Promote products and services;
•	Coordinate implementation of customer service strategies;
•	Monitor a safe workplace;
•	Promote innovation and change;
•	Implement and monitor environmental policies;
•	Show leadership in the workplace;
•	Manage effective workplace relationships;
•	Lead work teams;
•	Implement operational plan;
•	Implement workplace information system;
•	Implement continuous improvement;
•	Develop teams and individuals;
•	Produce complex  texts from shorthand notes;
•	Produce complex business documents;
•	Develop and use complex databases;
•	Develop and use complex spreadsheets;
•	Organise meetings;
•	Organise business travel;
•	Administer projects; and
•	Prepare financial reports.

18.3.4(c)	Qualifications

An employee who holds a Certificate IV in Business or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.

18.3.5	Clerical and administration employee level 5

18.3.5(a)	Role definition

An employee at this level:

•	may be responsible for the planning and management of the work of others;
•	applies knowledge with substantial depth in some areas, and a range of skills which may be varied or highly specific;
•	applies knowledge and skills independently and non-routinely; and
•	exercises considerable judgment and initiative.

18.3.5(b)	Indicative tasks

The following tasks are indicative of those performed by an employee at this level:

•	Manage personal work priorities and professional development;
•	Provide leadership in the workplace;
•	Establish effective workplace relationships;
•	Facilitate work teams;
•	Manage operational plan;
•	Manage workplace information systems;
•	Manage quality customer service;
•	Ensure a safe workplace;
•	Promote continuous improvement;
•	Facilitate and capitalize on change and innovation;
•	Develop a workplace learning environment;
•	Manage the establishment and maintenance of a workgroup network;
•	Manage meetings;
•	Plan or review administration systems;
•	Manage payroll; and
•	Manage business document design and development.

18.3.5(c)	Qualifications

An employee who holds a Diploma which is recognized within the Business Services Training Package or equivalent would be classified at this level when employed to perform the functions in the role definition and taking into account the indicative tasks.

18.3.6	Interpretation

The indicative tasks set out in 18.3 are aligned to the units of competency in Business Services Training Australia’s endorsed competency standards in the Business Services Training Package (BSB2001). In the event of a dispute over the meaning of the indicative tasks the relevant standards will be used to assist interpretation.

18.3.7	Notification of classification

18.3.7(a)	Upon a request being made by an employee, the employee shall be advised of the award classification which the employer considers to be appropriate having regard to the definitions in this award and the duties performed by the employee.

18.3.7(b)	If an employee disputes the classification assigned to him/her by the employer the employee must advise the employer in writing. If the dispute is unable to be resolved by the employer and the employee in a reasonable time it will be dealt with in accordance with clause 10 - Dispute resolution procedure.

18.4	Salaries

[18.4.1 substituted by PR951419; PR959577 ppc 27Aug05]

18.4.2	Junior employees

The minimum wage rates for junior employees shall be the undermentioned percentages of the appropriate adult wage rates prescribed in 18.4.1.

Age	Percentage of adult salary	
		
15 years	50%	
16 years	60%	
17 years	70%	
18 years and over	100%	

18.4.1	Adult employees

Adult employees, other than those specified in clause 18.4.3 hereof, shall be entitled to receive the salary for the relevant classification as set out in the tables below:

18.4.1(a)	Customer contact stream

Classification	Rate per week	
	$	
Customer contact trainee	523.60	
Customer contact officer 1	544.50	
Customer contact officer 2	578.20	
Principal customer contact specialist	619.90	
Customer contact team leader	638.80	
Principal customer contact leader	701.40	

18.4.1(b)	Clerical and administrative stream

Classification	Rate per week	
	$	
Clerical and admin level 1	523.60	
Clerical and admin level 2	544.50	
Clerical and admin level 3	578.20	
Clerical and admin level 4	638.80	
Clerical and admin level 5	701.40	

18.4.3	Trainee rates

Trainees engaged under the terms of the National Training Wage Award 2000 [AW790899  PR904174], as amended, shall be paid the appropriate rate of pay set out in that award.

18.5	Arbitrated safety net adjustment

[18.5 substituted by PR951419; PR959577 ppc 27Aug05]

18.5.1	The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review - Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and overaward arrangements. Absorption which is contrary to the terms of an agreement is not required.

18.5.2	Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

19.	MIXED FUNCTIONS

Where an employee is required to perform the work at a classification higher than his or her appointed role for a continuous period of one day or more, that employee will be paid the appropriate rate in the higher classification range for the period worked.

20.	PAYMENT OF WAGES

20.1	Period and method of payment

20.1.1	At the election of the employer, wages may be paid weekly or fortnightly.

20.1.2	Flexibility in relation to pay periods

20.1.2(a)	An employer may pay wages four weekly or monthly subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/s.

20.1.2(b)	Where an agreement is reached by the majority of employees it shall apply to all the employees in the workplace or section/s to which the agreement applies.

20.1.3	Wages shall be paid either according to the average number of ordinary hours worked per pay period or according to the actual ordinary hours worked each pay period.

20.1.4	Wages shall be paid by cash, cheque or to the credit of the employee’s account in a bank or other recognised financial institution.

20.1.5	Notwithstanding anything in this clause, if there is an existing practice in place as at 1 November 2003, then an employer is permitted to continue with this practice.

21.	ALLOWANCES

21.1	Allowances - all streams

The allowances in 21.1 do not apply for all purposes of the award unless specifically stated.

21.1.1	Motor allowance

[21.1.1 varied by PR959577 PR970003 PR974904; PR983763 ppc 01Oct08]

An employee who is required on a casual basis to use the employee’s motor vehicle to carry out the employer’s business shall be paid a mileage allowance of 57 cents per kilometre.

21.1.2	First aid allowance

[21.1.2 varied by PR951419 PR959577 PR974904 PR978341; PR983763 ppc 01Oct08]

An employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications, such as a certificate from the St. John’s Ambulance or similar body, shall be paid a weekly allowance of $12.70 if appointed by their employer to perform first aid duty.

21.1.3	Transfers, travelling and working away from usual place of work

21.1.3(a)	Distant work/travelling time payment

21.1.3(a)(i)	All reasonable out of pocket expenses incurred in connection with the employer’s business authorised by the employer and properly paid by the employee, shall be reimbursed by the employer.

21.1.3(a)(ii)	Except as elsewhere provided in this award, an employee directed by the employer to travel in the employee’s own time to transact company business shall be paid travelling time and all expenses incurred whilst so travelling in accordance with 21.1.3(b). Further, an employee sent by his or her employer from their usual locality to another and required to remain away from their usual abode will be paid expenses while so absent from their usual locality.

21.1.3(a)(iii)	An employee is not entitled to be paid for travelling in the employee’s accustomed workplace or territory. In circumstances where an employee is required to work away from the accustomed workplace or territory and travels in the employee’s own time to reach such place, the employee shall be entitled to be paid for the time reasonably spent in travelling to such place in excess of that which would be spent travelling from home to the accustomed workplace or boundary of the accustomed territory.

21.1.3(b)	Payment for travelling

21.1.3(b)(i)	The amount of pay for an employee travelling outside of ordinary hours shall be their ordinary rate of pay.

21.1.3(b)(ii)	The maximum travelling time to be paid shall be twelve hours out of every 24 hours, or where a sleeping berth is provided by the employer for all-night travel, eight hours out of every 24.

21.1.3(c)	Expenses

[21.1.3(c) varied by PR951419 ppc 27Aug04]

Expenses for the purposes of 21.1.3(a)(ii) shall mean:

21.1.3(c)(i)	All fares reasonably incurred at the following standard:

•	Rail - first class (including the provision of a sleeping berth where available for all night travel);

•	Air - economy class for all journeys.

[21.1.3(c)(ii) varied by PR951419 PR959577 PR970003 PR974904 PR978341; PR983763 ppc 01Oct08]

21.1.3(c)(ii)	Reasonable expenses incurred while travelling including $10.80 for each meal taken (except where the cost of the meal is included in the fare).

21.1.3(c)(iii)	Reimbursement of the cost incurred for lodging of at least reasonable hotel/motel standard.

21.1.3(d)	Relocation expenses

21.1.3(d)(i)	Where an employee is transferred to another location or another state, the cost of removal expenses reasonably incurred shall be borne and paid for by the employer, provided that an employee who is transferred at the employee’s own request may be required to pay their own expenses.

21.1.3(d)(ii)	Where such employee is directed by the employer to another locality for employment which can be reasonably regarded as permanent, and involving a change in residence, and where the employee is in the process of buying a place of residence in that new location, the employee shall be provided with suitable accommodation for a period not exceeding six weeks. Provided that, in cases where such employees can show, to the satisfaction of the employer, that the employee has taken all reasonable steps to obtain a place of residence of a similar nature and standard to that which the employee previously enjoyed and without success, then the abovementioned period may be extended to a period not exceeding three months.

21.1.3(d)(iii)	Where an employee is not in the process of buying a place of residence, the employer shall provide suitable accommodation for a period not exceeding four weeks.

21.1.3(d)(iv)	The provisions of 21.1.3(d)(ii) and 21.1.3(d)(iii) shall cease to apply immediately the employee assumes a new place of residence or when the purchase has been completed, whichever is sooner.

21.1.3(d)(v)	For the purposes of this clause, accommodation shall be limited to the provision of suitable housing.

21.1.4	Telephone allowance

21.1.4(a)	Where an employee does not have a telephone, modem or broadband connection and, at the written request of the employer, the employee is required to have such equipment, the employer shall reimburse the cost of purchase, installation and rental.

21.1.4(b)	Where an employee makes telephone calls in connection with the business on their private telephone at the direction of the employer, the employer shall reimburse the cost of such calls. Provided that, the employer may request details of all such calls claimed by the employee.

21.1.5	Meal allowance

[21.1.5(a) varied by PR951419; PR959577 PR970003 PR974904 PR978341; PR983763 ppc 01Oct08]

21.1.5(a)	An employee is entitled to a meal allowance of $11.15 on each occasion that the employee is entitled to a rest break in accordance with 24.4 except in the following circumstances:

•	If the employee is a day worker and was notified no later than the previous day that they would be required to work overtime;
•	If the employee is a shift worker and was notified no later than the previous day or previous rostered shift that they would be required to work such overtime;
•	If the employee lives in the same locality as the enterprise and could reasonably return home for meals.

21.1.5(b)	If an employee has provided a meal or meals on the basis that he or she has been given notice to work overtime and the employee is not required to work overtime or is required to do less than the amount advised, he or she shall be paid the prescribed meal allowance for the meal or meals.

PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK 

22.	HOURS OF WORK

22.1	The ordinary hours of work are to be an average of 38 per week.

22.2	Except as provided for in 22.6.2(a)(ii) and 22.7.7(a)(i) an employee shall not be required to work more than ten ordinary hours per day.

22.3	Except as provided for in 22.6.2(a)(iii) and 22.7.7(a)(ii), the ordinary hours of an employee must not exceed 152 hours in 28 consecutive days.

22.4	Method of arranging ordinary hours

The method of arranging ordinary hours may be:

22.4.1	By employees working a constant number of ordinary hours each day; or

22.4.2	By fixing one day a week on which employees work a lesser number of hours; or

22.4.3	By fixing one or more days on which all employees will be off during a particular work cycle; or

22.4.4	By rostering employees off on various days of the week during a particular work cycle so that each employee has one or more days off during that cycle.

22.5	Alteration to hours of work

Subject to the employer’s right to fix the daily hours for day work within the spread of hours referred to in 22.6 and the right to require employees to work shifts on existing rosters, ordinary hours once determined may be altered:

22.5.1	By the employer giving one week’s notice of the requirement to change the arrangement of hours or the shift roster.

22.5.2	By the employer giving 48 hours notice to the employee in the case of an emergency;

22.5.3	By mutual agreement between the employees concerned and their employer; or

22.5.4	At the discretion of the employer, employees may be permitted to exchange shifts or days off to perform duty for another employee. In such circumstances the employer is not required to make any additional payment.

22.5.5	Provided where an employee receives notice under 22.5.1 or 22.5.2 and he or she raises significant concerns about the alteration of their hours of work due to their personal or family circumstances, the employer shall consult with the employee about such concerns.

22.6	Provisions applicable only to day work

22.6.1	Except as provided for in 22.6.2(a)(i) and 22.6.3(a), the ordinary hours of work for day work shall be worked between the following spread of hours:

22.6.1(a)	Monday to Friday - 7.00 a.m. to 7.00 p.m.;

22.6.1(b)	Saturday - 7.00 a.m. to 1.00 p.m.

22.6.2	Flexibility in relation to day work hours

22.6.2(a)	The following forms of flexibility may be implemented in respect of all employees in a workplace or section/s thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/s. Agreement in this respect may also be reached between the employer and an individual employee:

22.6.2(a)(i)	The spread of hours in 22.6.1(a) and 22.6.1(b) may be altered by up to one hour at one or both ends of the daily spread;

22.6.2(a)(ii)	In excess of ten hours and up to twelve hours of ordinary time may be worked per day, exclusive of meal breaks. The implementation of twelve hour days is subject to the provisions of 22.12.

22.6.2(a)(iii)	A roster may operate on the basis that the weekly average of 38 ordinary hours is worked over a period which exceeds 28 consecutive days but does not exceed twelve months.

22.6.2(b)	Where an agreement is reached by the majority of employees it shall apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.

22.6.2(c)	Where an agreement is reached in accordance with 22.6.2(b), the agreement shall be recorded in the time and wages records.

22.6.3	Flexibility in relation to day work on Saturday afternoon and Sunday

22.6.3(a)	By agreement between an individual employee and the employer, the days on which ordinary hours are worked may include Saturday afternoon between 1.00 p.m. and 7.00 p.m. and Sunday between 7.00 a.m. and 7.00 p.m., subject to the penalty in 22.8.

22.6.3(b)	Where an agreement is reached in accordance with 22.6.3(a), the agreement shall be recorded in the time and wages records.

22.6.4	The provisions of 22.6.3 are not applicable to employees who work day work as part of a rotating roster which incorporates a cycle of day work, afternoon shifts and/or night shifts. In such circumstances, the ordinary hours of work shall be worked at the discretion of the employer on any days of the week, Monday to Sunday, subject to 22.5 and the penalty in 22.8.

22.6.5	Any work performed outside the spread of hours is to be paid at overtime rates. However, any work performed by an employee prior to the spread of hours which is continuous with ordinary hours is to be regarded as part of the 38 ordinary hours of work.

22.7	Provisions applicable only to afternoon or night shifts

22.7.1	The provisions of 22.7 apply only to time worked on afternoon and night shifts and do not apply to time worked during the day.

22.7.2	The ordinary hours of work for afternoon and night shift workers shall be worked at the discretion of the employer on any days of the week, Monday to Sunday, subject to 22.5 and the penalty in 22.8.

22.7.3	For the purposes of this award:

22.7.3(a)	Subject to 22.6.2(a)(i), afternoon shift means any shift finishing after 7.00 p.m. and at or before midnight.

22.7.3(b)	Night shift means any shift finishing subsequent to midnight and at or before 9.00 a.m.

22.7.4	Employees on an afternoon shift are entitled to a penalty of 15%.

22.7.5	Except as provided for in 22.7.6, employees on a night shift are entitled to a penalty of 15%.

22.7.6	An employee who:

•	During a period of engagement on shift, works night shift only; or

•	Remains on night shift for a longer period than four consecutive weeks; or

•	Works on a night shift which does not rotate or alternate with afternoon shift or with day work so as to give the employee at least one third of the working time off night shift in each shift cycle;

is entitled to a loading of 30% for time worked on such night shift. This loading is in substitution for and not cumulative upon the night shift loading prescribed in 22.7.5.

22.7.7	Flexibility in relation to shift work hours

22.7.7(a)	The following forms of flexibility may be implemented in respect of all employees in a workplace or section/s thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/s. Agreement in this respect may also be reached between the employer and an individual employee:

22.7.7(a)(i)	In excess of ten hours and up to twelve hours of ordinary time may be worked per shift, exclusive of meal breaks. The implementation of twelve hour shifts is subject to the provisions of 22.12.

22.7.7(a)(ii)	A roster may operate on the basis that the weekly average of 38 ordinary hours is worked over a period which exceeds 28 consecutive days but does not exceed twelve months.

22.7.7(b)	Where an agreement is reached by the majority of employees it shall apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.

22.7.7(c)	Where an agreement is reached in accordance with 22.7.7(a), the agreement shall be recorded in the time and wages records.

22.8	Weekend penalty rate

22.8.1	Employees are entitled to a rate of time and one half for ordinary time worked:

•	between midnight on Friday and 7.00 a.m. on Saturday; and
•	between 1.00 p.m. on Saturday and midnight on Sunday.

22.8.2	The rate in 22.8.1 is in substitution for and not cumulative upon the afternoon and night shift loadings prescribed in 22.7.4, 22.7.5 and 22.7.6.

22.9	The loadings in this clause are not payable for periods of overtime or for time worked on public holidays.

22.10	Daylight saving

For work performed which spans the time of introduction or cessation of a system of daylight saving as prescribed by relevant State legislation, an employee shall be paid according to adjusted time (i.e. the time on the clock at the beginning of work and the time on the clock at the end of work).

22.11	Make-up time

22.11.1	An employee may elect, with the consent of their employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time during the spread of ordinary hours provided in this award.

22.11.2	An employee on shift work may elect, with the consent of their employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time at the shift work rate which would have been applicable to the hours taken off.

22.12	Twelve hour days or shifts

Implementation of twelve hour days or shifts is subject to the following:

•	Proper health monitoring procedures being introduced;
•	Suitable roster arrangements being made;
•	Proper supervision being provided;
•	Adequate breaks being provided; and
•	An adequate trial or review process being implemented.

23.	MEAL BREAKS

23.1	Except as provided for in 23.2, where practicable, an employee shall not be required to work for more than five hours without a break for a meal which for day workers, afternoon shift workers and night shift workers shall be unpaid and for a period of not less than 30 minutes and not more than 60 minutes.

23.2	Flexibility in relation to meal breaks

23.2.1	The following forms of flexibility may be implemented in respect of all employees in a workplace or section/s thereof, subject to agreement between the employer and the majority of the employees concerned in the workplace or relevant section/s. Agreement in this respect may also be reached between the employer and an individual employee:

23.2.1(a)	Employees may work in excess of five hours but not more than six hours without a meal break.

23.2.1(b)	Meal breaks may be for a period of less than 30 minutes, but not less than twenty minutes.

23.2.2	Where an agreement is reached by the majority of employees it shall apply to all the employees in the workplace or section/s to which the agreement applies. This does not in any way restrict the application of an individual agreement.

23.3	An employee directed by the employer to work in excess of five hours without a meal (or such period as extended in accordance with 23.2) shall be paid at the rate of time and one half for the meal period and the employee shall be permitted to have the employee’s usual meal period without deduction from the employee’s wage as soon as possible after the prescribed meal period.

23.4	This clause shall not operate outside an employee’s ordinary working hours. Rest breaks during overtime are prescribed in clause 24 - Overtime.

24.	OVERTIME

24.1	Overtime rates

24.1.1	Except as provided for in 12.4 and 12.5, for all work done in excess of ordinary hours an employee shall be paid at the rate of time and one half for the first three hours and double time thereafter.

24.1.2	In computing overtime, each days work shall stand alone.

24.1.3	Provided that employees who are late starting or are absent for part of their ordinary hours on unpaid leave shall complete their ordinary hours for that day prior to the entitlement to overtime.

24.2	Reasonable overtime

24.2.1	Subject to 24.2.2, an employer may require an employee to work reasonable overtime at overtime rates.

24.2.2	An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to:

24.2.2(a)	any risk to employee health and safety;

24.2.2(b)	the employee’s personal circumstances including any family responsibilities;

24.2.2(c)	the needs of the workplace or enterprise;

24.2.2(d)	the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

24.2.2(e)	any other relevant matter.

24.3	Minimum payment

24.3.1	An employee required to work overtime on a Saturday or Sunday shall be paid for a minimum of three hours at the appropriate rate except where such overtime is worked prior to or at the conclusion of ordinary hours of work.

24.3.2	In such circumstances, the employee shall receive payment at the rate prescribed in 24.1 for the actual time worked.

24.4	Rest break during overtime

An employee working overtime shall be allowed a rest break of twenty minutes without deduction of pay after each four hours of overtime if the employee continues to work after such rest break.

24.5	Rest period after overtime

24.5.1	When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten consecutive hours off duty between the work of successive days.

24.5.2	An employee (other than a casual or part-time employee), who works so much overtime between the termination of the ordinary work on one day and the commencement of the ordinary work on the next day that the employee has not had at least ten consecutive hours off duty between those times shall, subject to this subclause, be released after completion of such overtime until the employee has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

24.5.3	If on the instructions of the employer an employee resumes or continues work without having had such ten consecutive hours off duty, the employee shall be paid at the rate of time and one half for the first three hours and double time thereafter, until released from duty for such period and then is entitled to be absent until the employee has had ten consecutive hours off duty without loss of pay.

24.5.4	The provisions of 24.5 shall not apply to call backs, or in circumstances where an employee provides service or support over the telephone, or via remote access arrangements, where the time worked is less than three hours during the call back or each call back. Provided that where the total number of hours worked on more than one call back is four hours or more then the provisions of 24.5.2 and 24.5.3 shall apply.

24.6	Time off in lieu of payment for overtime

24.6.1	An employee may choose with the consent of the employer to take time off instead of payment for overtime at a time or times agreed by the employer. This agreement must be in writing. The employee must take the time off within four weeks of working the overtime.

24.6.2	If the employee takes time off instead of payment for overtime then the amount of time off during ordinary hours will be taken at the ordinary time rate, that is an hour for each hour worked.

24.6.3	If requested by an employee, an employer must within one week of receiving a request pay the employee for any overtime worked. The employee must be paid at overtime rates.

24.7	Call back

24.7.1	An employee recalled to work overtime after leaving work shall be paid a minimum of three hours at the appropriate overtime rate for each time recalled, except where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary hours.

24.7.2	Provided that, the employee shall not be required to work the full three hours if the job(s) recalled to perform is/are completed within a shorter period.

24.7.3	Notwithstanding the above, where an employee has completed the call back and left work and is recalled within the three hour minimum period for that call back, the balance of the three hours minimum period for that call back shall be cancelled and the employee shall only be paid up to the commencement of the next call back. The employee will then be entitled to be paid for a minimum of three hours for the next call back.

24.7.4	The provisions of this subclause shall not apply in circumstances where an employee provides service or support over the telephone or via remote access arrangements.

24.7.5	Overtime worked in circumstances specified in this subclause shall not be regarded as overtime for the purposes of 24.5 where the time worked is less than three hours during the call back or each call back. Provided that where the total number of hours worked on more than one call back is four hours or more then the provisions of 24.5.2 and 24.5.3 shall apply.

24.8	Remote service/support

24.8.1	An employee required to work overtime providing service or support over the telephone or via remote access arrangements shall be paid for each occasion that such work is carried out:

•	for a minimum of half an hour at the appropriate overtime rate where such work commences between 5.00 a.m. and up to 10.00 p.m.; or

•	for a minimum of one hour at the appropriate overtime rate where such work commences after 10.00 p.m. and up to midnight; or

•	for a minimum of one and one half hours at the appropriate overtime rate where such work commences after midnight and before 5.00 a.m.;

except where the overtime is continuous (subject to a meal break) with the commencement or completion of ordinary hours.

24.8.2	Provided that, the employee shall not be required to work the full half an hour, or one hour, or one and one half hours, as the case may be, if the work which the employer requires to be performed is completed within a shorter period.

24.8.3	Notwithstanding the above, where an employee has completed the job and finished work and is required to perform further work within the half hour, one hour, or one and a half hour minimum period for that job, the balance of the minimum period for that job shall be cancelled and the employee shall only be paid up to the commencement of the next work period. The employee will then be entitled to be paid for a minimum of a half hour, one hour, or one and a half hours as the case may be, for the next work period.

24.8.4	Overtime worked in circumstances specified in this subclause shall not be regarded as overtime for the purposes of 24.5 where the time worked is less than three hours during the work period or each work period. Provided that where the total number of hours worked on more than one work period is four hours or more then the provisions of 24.5.2 and 24.5.3 shall apply.

24.8.5	Overtime worked in circumstances specified in this subclause shall not be regarded as overtime for the purposes of 24.7.

24.9	Stand-by

24.9.1	An employee who is required to remain in readiness for a return to work outside their normal working hours shall be paid an allowance of 20% of the hourly rate for their classification for each hour they are required to stand-by.

24.9.2	While receiving the appropriate overtime rate, the stand-by allowance shall not be paid.

24.10	Rates not cumulative

The rates prescribed in this clause are in substitution for and not cumulative upon the loadings prescribed in clause 22 - Hours of work and clause 29 - Public holidays.

PART 7 - TYPES OF LEAVE AND PUBLIC HOLIDAYS 

25.	ANNUAL LEAVE

25.1	Period of leave

25.1.1	Full-time employees are entitled to 28 consecutive days annual leave including non-working days (that is, four weeks) for each year of continuous employment. Part- employees are entitled to a pro rata entitlement.

25.1.2	In addition to the leave in 25.1.1, afternoon and night shift workers who are rostered to regularly work ordinary hours of work on Sundays and Public Holidays are eligible for an additional seven consecutive days annual leave including non-working days. Where an employee with twelve months continuous service is engaged for part of the twelve monthly period as a seven day shift worker, that employee is entitled to have the period of leave prescribed in 25.1.1 increased by half a day for each month he or she is continuously engaged as a seven day shift worker.

25.2	Conversion of period of leave to hourly entitlement

An employer may convert the entitlements in 25.1 to an hourly entitlement for administrative ease (e.g. 152 hours rather than four weeks for an employee working a 38 hour week).

25.3	No payment in lieu

No payment shall be made by an employer or accepted by an employee, in lieu of the annual leave entitlement provided in 25.1 or 25.2, except on termination.

25.4	Taking of annual leave

[25.4.1 substituted by PR970003 ppc 16Mar06]

25.4.1	Annual leave shall be taken in a manner that is agreed to between the employer and the employee. Leave can be broken up into any number of periods including single days by agreement with the employer. Single day absences must not exceed a total of ten days in any calendar year.

25.4.2	Where agreement cannot be reached pursuant to 25.4.1, the employer shall advise the employee of the date and amount of annual leave to be taken by giving the employee not less than four weeks notice of such requirement.

[25.4.3 varied by PR970003 ppc 16Mar06]

25.4.3	The annual leave entitlement in 25.1 and 25.2 shall be taken within two years of becoming due. This period may be extended by agreement between the employer and employee.

25.5	Public holidays falling in a period of leave

25.5.1	If any public holiday prescribed by clause 29 - Public holidays, falls within an employee’s period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there must be added to the period of annual leave, time equivalent to the ordinary time which the employee would have worked if the day had not been a holiday.

25.5.2	Where a holiday or holidays falls in a period of annual leave and the employee fails, without reasonable cause, to attend for work at the employee’s ordinary starting time on the working day immediately following the last day of the period of annual leave the employee shall not be entitled to be paid for the holiday or holidays.

25.6	Calculation of service

25.6.1	Employees shall not be eligible to accrue annual leave during any period of approved unpaid leave of absence exceeding one week except where such leave is in respect of unpaid sick leave.

25.6.2	In a twelve month period, up to 76 hours of unpaid sick leave shall be counted as time worked for the purposes of annual leave accruals.

25.6.3	Where a business is transmitted from one employer to another, as set out in 17.7, the period of continuous service that the employee had with the transmittor or any prior transmittor shall be deemed to be service with the transmittee and taken into account when calculating annual leave. However, an employee shall not be entitled to leave or payment in lieu for any period in respect of which leave has been taken or paid for.

25.7	Leave before due date

25.7.1	By agreement between the employer and the employee, annual leave may be taken in advance of the due date.

25.7.2	Where an employee granted annual leave in advance leaves or is discharged by the employer, the employer shall have the right to recover from any monies due to the employee, a sum equal to the annual leave granted in advance less any amounts subsequently accrued.

25.8	Payment for period of leave

25.8.1	Each employee prior to commencing a period of annual leave or close down shall be paid a sum equal to the salary/wages the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on leave.

25.8.2	In addition to the payments specified in 25.8.1, employees shall be paid an annual leave loading of 17.5%.

Provided that where an employee would have received loadings, in accordance with clause 22 - Hours of work, had the employee not been on leave during the relevant period and such loadings would have entitled the employee to a greater amount than the loading of 17.5%, then the employee shall be paid such greater amount in lieu of the 17.5% loading.

25.8.3	The annual leave loading is only payable on annual leave due. It is not payable on pro rata annual leave on termination.

25.9	Termination

25.9.1	Where a full-time or part-time employee with one or more weeks continuous service leaves the service of their employer for any reason other than serious and wilful misconduct, the employee shall be entitled to payment for pro rata annual leave at the rate of 2.923 ordinary hours pay for each 38 ordinary hours worked.

25.9.2	The calculation in 25.7.2 shall be made in accordance with the following:

25.9.2(a)	For a full-time or part-time employee with less than twelve months continuous service: from the date of commencement as a full-time or part-time employee to the date of termination.

25.9.2(b)	For a full-time or part-time employee with more than twelve months continuous service: from the date that annual leave last became due to the date of termination.

25.9.3	The terms of 25.7 shall apply in circumstances where an employee has been granted annual leave in advance of the due date.

25.10	Close down

Where an employer closes down an establishment or section or sections, for the purpose of allowing annual leave to all or the majority of the employees concerned, the following shall apply:

25.10.1	The employer shall give at least one month’s notice to the affected employees. The notice shall advise employees of the commencement date and duration of the close down.

25.10.2	An employer may close down for one or two periods.

25.10.3	An employer and the majority of employees concerned may agree to close down for more than two periods.

25.10.4	Employees with less than twelve months continuous service at the time of close down shall receive payment at the rate of 2.923 ordinary hours pay for each 38 ordinary hours worked. The remainder of the close down shall be taken as leave without pay.

25.10.5	Employees with more than twelve months continuous service shall receive accrued annual leave.

25.10.6	Where an employee has insufficient accrued leave, a sum equal to the employee’s accrued annual leave entitlement shall be paid, calculated at the rate of 2.923 ordinary hours pay for each 38 ordinary hours worked.

26.	PERSONAL LEAVE

[26 substituted by PR970003 ppc 16Mar06]

The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 12.3.3.

26.1	Definitions

26.1.1	The term immediate family includes:

26.1.1(a)	spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee. A de facto spouse means a person of the opposite sex to the employee who lives with the employee as his or her husband or wife on a bona fide domestic basis; and

26.1.1(b)	child or an adult child (including an adopted child, a step child or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee.

26.2	Amount of paid personal leave

26.2.1	Paid personal leave is available to an employee, other than a casual employee, when they are absent:

•	due to personal illness or injury; or

•	for the purposes of caring for an immediate family or household member who is sick and requires the employee’s care and support or who requires care due to an unexpected emergency.

26.2.2	The amount of personal leave to which a full-time employee is entitled depends on how long they have worked for the employer and accrues as follows:

26.2.2(a)	A full-time employee is entitled to the following amount of personal leave:

Length of time worked for the employer 	Personal leave hours	
		
Less than 1 month 	0	
1 month to less than 2 months 	7.6	
2 months to less than 3 months 	15.2	
3 months to less than 4 months 	22.8	
4 months to less than 5 months 	30.4	
5 months to less than 6 months 	38.0	
6 months to less than 7 months 	45.6	
7 months to less than 8 months 	53.2	
8 months to less than 12 months 	60.8	
Each year thereafter	60.8	

26.2.2(b)	After the first eight months of service, an employee must be paid for any personal leave to which they were not entitled, due to insufficient service, up to a maximum of 38 hours.

26.3	Accumulation of personal leave

At the end of each year of employment, the balance of that year’s unused personal leave accrues.

26.4	Effect of workers’ compensation

If an employee is receiving workers’ compensation payments, they are not entitled to personal leave.

26.5	Personal leave for personal injury or sickness

An employee is entitled to use the full amount of their personal leave entitlement including accrued leave for the purposes of personal illness or injury, subject to the conditions set out in this clause.

26.6	Personal leave to care for an immediate family or household member

26.6.1	Subject to 26.6.2 and 26.6.3, a full-time employee is entitled to use their personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency.

26.6.2	The entitlement in 26.6.1 is subject to the employee being responsible for the care and support of the person concerned. In normal circumstances an employee is not entitled to take leave for this purpose where another person has taken leave to care for the same person.

26.6.3	Except as provided for in 26.6.4, not more than 76 hours (for employees who work normally 8 or less ordinary hours per day) can be used in a year by an employee for the purposes set out in 26.6.1. These limits apply to the employee’s total accrued personal leave which includes any untaken personal leave from the current year’s entitlement and any untaken personal leave which has accumulated from previous years.

26.6.4	By agreement between an employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in 26.6.1, beyond the relevant limit set out in 26.6.3. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed.

26.7	Employee must give notice

26.7.1	The employee must, as soon as reasonably practicable and during the ordinary hours of the first day or shift of such absence, inform the employer or their inability to attend for duty and as far as practicable state the nature of the injury, illness or emergency and the estimated duration of the absence. If it is not reasonably practicable to inform the employer during the ordinary hours of the first day or shift of such absence, the employee will inform the employer within 24 hours of such absence.

26.7.2	When taking leave to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, the notice must include:

•	the name of the person requiring care and support and their relationship to the employee;

•	the reasons for taking such leave; and

•	the estimated length of absence.

26.8	Evidence supporting claim

26.8.1	When taking leave for personal illness or injury, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, that the employee was unable to work because of injury or personal illness.

26.8.2	When taking leave to care for members of their immediate family or household who are sick and require care and support, the employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that such illness requires care by the employee.

26.8.3	When taking leave to care for members of their immediate family or household who require care due to an unexpected emergency, the employee must, if required by the employer, establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

26.9	Single day absences

26.9.1	An employee who has already had two paid personal leave absences in the year for personal illness or injury, the duration of each absence being of one day only, is not entitled to further paid personal leave for personal illness or injury in that year of a duration of one day only without production to the employer of a certificate of a qualified medical practitioner which states that the employee was unable to attend for duty on account of personal illness or injury.

26.9.2	An employer may agree to accept a statutory declaration in lieu of the required medical certificate.

26.9.3	Nothing in this clause limits the employer’s right under 26.8.

26.10	Broken services

If an employee is terminated by their employer and is re-engaged by the same employer within a period of six months then the employee’s unclaimed balance of sick leave shall continue from the date of re-engagement.

26.11	Unpaid personal leave

Where an employee has exhausted all paid personal leave entitlements, they are entitled to take unpaid personal leave to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency. The employer and the employee shall agree on the period. In the absence of agreement, the employee is entitled to take up to two days (up to a maximum of 16 hours) of unpaid leave per occasion, provided the requirements of 26.7 and 26.8 are met.

26.12	Casual employment

Casual employees are entitled to not be available to attend work or to leave work in certain circumstances as set out in clause 12.3.3

26A. BEREAVEMENT LEAVE

[26A inserted by PR970003 ppc 16Mar06]

The provisions of this clause apply to full-time and regular part-time employees (on a pro rata basis) but do not apply to casual employees. The entitlements of casual employees are set out in clause 12.3.3.

26A.1Paid leave entitlement

26A.1.1	Death in Australia

A full-time employee is entitled to up to 16 hours bereavement leave on each occasion and on production of satisfactory evidence (if required by the employer) of the death in Australia of either a member of the employee’s immediate family or household.

26A.1.2	Death outside Australia

A full-time employee is entitled to up to 16 hours bereavement leave on each occasion, and on production of satisfactory evidence (if required by the employer) of the death outside Australia of either a member of the employee’s immediate family or household, where the employee travels outside Australia to attend the funeral.

26A.1.3	Part-time employees

A part-time employee is entitled to two days bereavement leave without loss of pay, up to a maximum of 16 hours on the same basis as prescribed for full-time employees in clauses 26A.1.1 and 26A.1.2 except that leave is only available where a part-time employee would normally work on either or both of the two working days following the death.

26A.2Unpaid bereavement leave

Where an employee has exhausted all bereavement leave entitlements, the employee is entitled to take unpaid bereavement leave. The employer and employee should agree on the length of the unpaid leave. In the absence of agreement, a full-time employee is entitled to take up to 16 hours unpaid leave, provided the requirements of 26A.1.1 and 26A.1.2 hereof are met, and a part-time employee is entitled to take up to two day unpaid leave, to a maximum of 16 hours, provided the requirements of 26A.1.3 hereof are met.

27.	PARENTAL LEAVE

[27 inserted by PR970003 ppc 16Mar06]

Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child.

The provisions of this clause apply to full-time, part-time and eligible casual employees, but do not apply to other casual employees.

An eligible casual employee means a casual employee:

(a)	employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months; and

(b)	who has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.

For the purposes of this clause, continuous service is work for an employer on a regular and systematic basis (including any period of authorised leave or absence).

An employer must not fail to re-engage a casual employee because:

(a)	the employee or employee’s spouse is pregnant; or

(b)	the employee is or has been immediately absent on parental leave.

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

27.1	Definitions

27.1.1	For the purposes of this clause child means a child of the employee under school age, or a person under school age who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more.

27.1.2	Subject to clause 27.1.3 hereof, in this clause, spouse includes a de facto or former spouse.

27.1.3	In relation to clause 27.7 hereof, spouse includes a de facto spouse but does not include a former spouse.

27.2	Basic entitlement

27.2.1	After twelve months continuous service, parents are entitled to a combined total of 52 weeks unpaid parental leave on a shared basis in relation to the birth or adoption of their child. For females, maternity leave may be taken and for males, paternity leave may be taken. Adoption leave may be taken in the case of adoption.

27.2.2	Subject to 27.5.6 hereof, parental leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take:

27.2.2(a)	for maternity and paternity leave, an unbroken period of up to one week at the time of the birth of the child;

27.2.2(b)	for adoption leave, an unbroken period of up to three weeks at the time of placement of the child.

27.3	Variation of parental leave

Where an employee takes leave under clause 27.2.1 or 27.4.1(b), unless otherwise agreed between the employer and employee, an employee may apply to their employer to change the period of parental leave on one occasion. Any such change to be notified as soon as possible but no less than four weeks prior to the commencement of the changed arrangements. Nothing in this clause detracts from the basic entitlement in clause 27.2 or the right to request in clause 27.4.

27.4	Right to request

27.4.1	An employee entitled to parental leave pursuant to the provisions of clause 27.2 may request the employer to allow the employee:

27.4.1(a)	to extend the period of simultaneous unpaid parental leave provided for in clauses 27.2.2(a) and 27.2.2(b) up to a maximum of eight weeks;

27.4.1(b)	to extend the period of unpaid parental leave provided for in clause 27.2.1 by a further continuous period of leave not exceeding 12 months;

27.4.1(c)	to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

27.4.2	The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

27.4.3	Employee’s request and employer’s decision to be in writing

The employee’s request and the employer’s decision made under clauses 27.4.1(b) and 27.4.1(c) must be recorded in writing.

27.4.4	Request to return to work part-time

Where an employee wishes to make a request under clause 27.4.1(c), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

27.5	Maternity leave

27.5.1	An employee must provide notice to the employer in advance of the expected date of commencement of parental leave. The notice requirements are:

27.5.1(a)	of the expected date of confinement (included in a certificate from a registered medical practitioner stating that the employee is pregnant) – at least ten weeks;

27.5.1(b)	of the date on which the employee proposes to commence maternity leave and the period of leave to be taken – at least four weeks.

27.5.2	When the employee gives notice under 27.5.1(a) hereof the employee must also provide a statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment.

27.5.3	An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by confinement occurring earlier than the presumed date.

27.5.4	Subject to clause 27.2.1 hereof and unless agreed otherwise between the employer and employee, an employee may commence parental leave at any time within six weeks immediately prior to the expected date of birth.

27.5.5	Where an employee continues to work within the six week period immediately prior to the expected date of birth, or where the employee elects to return to work within six weeks after the birth of the child, an employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

27.5.6	Special maternity leave

27.5.6(a)	Where the pregnancy of an employee not then on maternity leave terminates after 28 weeks other than by the birth of a living child, then the employee may take unpaid special maternity leave of such periods as a registered medical practitioner certifies as necessary.

27.5.6(b)	Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid sick leave to which she is entitled in lieu of, or in addition to, special maternity leave.

27.5.6(c)	Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid sick leave to which she is then entitled and such further unpaid special maternity leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid sick leave, special maternity leave and parental leave, including parental leave taken by a spouse, may not exceed 52 weeks.

27.5.7	Where leave is granted under clause 27.5.4 hereof, during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed four weeks from the recommencement date desired by the employee.

27.6	Paternity leave

27.6.1	An employee will provide to the employer at least ten weeks prior to each proposed period of paternity leave, with:

27.6.1(a)	a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement, or states the date on which the birth took place; and

27.6.1(b)	written notification of the dates on which he proposes to start and finish the period of paternity leave; and

27.6.1(c)	except in relation to leave taken simultaneously with the child’s mother under clauses 27.2.2(a), 27.2.2(b) and 27.4.1(a), a statutory declaration stating:

27.6.1(c)(i)	he will take that period of paternity leave to become the primary care-giver of a child;

27.6.1(c)(ii)	particulars of any period of maternity leave sought or taken by his spouse; and

27.6.1(c)(iii)	that for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment.

27.6.2	The employee will not be in breach of clause 27.6.1 hereof if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

27.7	Adoption leave

27.7.1	The employee will notify the employer at least ten weeks in advance of the date of commencement of adoption leave and the period of leave to be taken. An employee may commence adoption leave prior to providing such notice, where through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

27.7.2	Before commencing adoption leave, an employee will provide the employer with a statutory declaration stating:

27.7.2(a)	the employee is seeking adoption leave to become the primary care-giver of the child;

27.7.2(b)	particulars of any period of adoption leave sought or taken by the employee’s spouse; and

27.7.2(c)	that for the period of adoption leave the employee will not engage in any conduct inconsistent with their contract of employment.

27.7.3	An employer may require an employee to provide confirmation from the appropriate government authority of the placement.

27.7.4	Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding four weeks from receipt of notification for the employee’s return to work.

27.7.5	An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

27.7.6	An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to two days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

27.8	Parental leave and other entitlements

An employee may in lieu of or in conjunction with parental leave, access any annual leave or long service leave entitlements which they have accrued subject to the total amount of leave not exceeding 52 weeks or a longer period as agreed under clause 27.4.

27.9	Transfer to a safe job

27.9.1	Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

27.9.2	If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence parental leave for such period as is certified necessary by a registered medical practitioner.

27.10	Returning to work after a period of parental leave

27.10.1	An employee will notify of their intention to return to work after a period of parental leave at least four weeks prior to the expiration of the leave.

27.10.2	An employee will be entitled to the position which they held immediately before proceeding on parental leave. In the case of an employee transferred to a safe job pursuant to clause 27.9, the employee will be entitled to return to the position they held immediately before such transfer.

27.10.3	Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

27.10.4	An eligible casual employee who is employed by a labour hire company who performs work for a client of the labour hire company will be entitled to the position which they held immediately before proceeding on parental leave.

27.10.5	Where such a position is no longer available, but there are other positions available that the employee is qualified for and is capable of performing, the employer shall make all reasonable attempts to return the employee to a position comparable in status and pay to that of the employee’s former position.

27.11	Replacement employees

27.11.1	A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on parental leave.

27.11.2	Before an employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

27.12	Communication during parental leave

27.12.1	Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

27.12.1(a)	make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

27.12.1(b)	provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

27.12.2	The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

27.12.3	The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with 27.12.1.

28.	JURY SERVICE

28.1	A full-time employee required to attend for jury service during the employee’s ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service.

28.2	Where a part-time employee is required to attend for jury service and such attendance coincides with a day on which the employee would normally be required to work, payment shall be made to the employee in accordance with 28.1.

28.3	An employee shall notify the employer as soon as possible of the date upon which the employee is required to attend for jury service. Further, the employee shall give the employer proof of attendance, the duration of such attendance and the amount received in respect of such jury service.

29.	PUBLIC HOLIDAYS

29.1	Prescribed public holidays

29.1.1	A full-time employee under this award is entitled to the following public holidays, without loss of pay, where such employee’s normal paid hours fall on the public holiday:

•	New Year’s Day;
•	Australia Day;
•	Good Friday;
•	Easter Saturday;
•	Easter Monday;
•	Anzac Day;
•	Queen’s Birthday;
•	Labour Day or Eight Hours’ Day;
•	Christmas Day; and
•	Boxing Day (in South Australia, Proclamation Day - 26 December shall be observed instead of Boxing Day).

29.1.2	Where another day is generally observed in a locality in substitute for any of the above days, that day shall be observed as the public holiday in lieu of the prescribed day.

29.2	In addition to the public holidays prescribed in 29.1, full-time employees are entitled to the following:

29.2.1	New South Wales

An additional public holiday shall be observed as a public holiday on a day which shall be agreed upon between the employer and employees in each establishment.

29.2.2	Victoria

Melbourne Cup Day or a local equivalent.

29.2.3	South Australia

Adelaide Cup Day.

29.2.4	Western Australia

Foundation Day.

29.2.5	Queensland

An employee shall be entitled to one day in each twelve months as Show Day in the locality in which the employee works.

29.2.6	Tasmania

Southern Tasmania - Regatta Day; Northern Tasmania - Bank Holiday.

29.2.6(a)	Note: Southern Tasmania includes Oatlands and all towns south of Oatlands but excludes those areas excluded in the State Proclamation regarding this day, and Northern Tasmania includes all towns north of Oatlands.

29.2.6(b)	An employee in the employ of one employer shall not be entitled to receive in any one calendar year both Regatta Day and Bank Holiday as public holidays.

29.2.7	Australian Capital Territory

Canberra Day or, by agreement between the employer and the majority of employees, Picnic Day (being the first Monday in March) in lieu of Canberra Day.

29.2.8	Northern Territory

Picnic Day.

29.3	Part-time employees

Refer to 12.4 to determine the public holiday entitlements of part-time employees.

29.4	Additional days

Where an additional public holiday is proclaimed or gazetted by the Commonwealth or a State or Territory Government and such proclaimed or gazetted holiday is to be observed generally by persons throughout that State or Territory or a locality thereof, then such day shall be deemed to be a holiday for the employees working in the area the subject of the proclamation or gazetted notice.

29.5	Substitution of certain public holidays which fall on a weekend

29.5.1	Where Christmas Day falls on a Saturday or a Sunday, 27 December shall be observed as the public holiday in lieu of the prescribed day.

29.5.2	Where Boxing Day falls on a Saturday or a Sunday, 28 December shall be observed as the public holiday in lieu of the prescribed day.

29.5.3	Where New Year’s Day or Australia Day falls on a Saturday or a Sunday, the following Monday shall be observed as the public holiday in lieu of the prescribed day.

29.6	Alternate days by agreement

29.6.1	By agreement between the employer and the majority of employees in the relevant enterprise or section of the enterprise, an alternative day may be taken as the public holiday in lieu of any of the prescribed days.

29.6.2	An employer and an individual employee may agree to the employee taking another day as the public holiday in lieu of the day which is being observed as the public holiday in the enterprise or relevant section of the enterprise. Such agreement shall be recorded in the time and wages records.

29.7	Payment for time worked on a public holiday

29.7.1	Except as provided for in 29.7.2, an employee who is required to work on a public holiday shall be paid at the following rates for a minimum of three hours:

•	Day work - double time and one half;
•	Afternoon and night shifts - double time.

This rate is in substitution for and not cumulative upon the allowances set out in clause 22 - Hours of work, or the overtime penalties in clause 24 - Overtime.

29.7.2	The payment required under 29.7.1, shall only apply to time which is worked on the actual public holiday day, i.e. midnight to midnight.

29.8	Absence on working day before or after a public holiday

An employee absent on the working day before or the working day after a public holiday without reasonable excuse (proof of which shall be on the employee), or without the consent of the employer, shall not be entitled to payment for such holiday.

29.9	Leave of absence

The entitlement to a public holiday shall not apply to an employee during any period of unpaid leave exceeding two weeks, except where such unpaid leave is in respect of personal injury or illness.

PART 8 - SUPERANNUATION 

30.	SUPERANNUATION

Note: The Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005 provides that individual employees generally have the opportunity to choose their own superannuation funds. For further information see the AIRC guidance note — Choice of Superannuation Funds and Award Provisions.

30.1	Superannuation legislation

30.1.1	The subject of superannuation contributions is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties

30.1.2	Notwithstanding 30.1.1, the following provisions shall also apply.

30.2	Definitions

30.2.1	The Fund for the purposes of this clause shall mean:

30.2.1(a)	The Australian Retirement Fund (ARF) or the Superannuation Trust of Australia (STA); or

30.2.1(b)	The Clerical Administrative and Related Employees Fund (CARE).

30.2.1(c)	Any fund agreed to between the employer and the majority of the employees concerned in the workplace or relevant section/s. Agreement in this respect may also be reached between the employer and an individual employee; or

30.2.1(d)	Any fund the employer was contributing to as at 1 November 2003 or at the date of becoming bound by this award, provided that the level of contributions satisfies the award’s requirements.

30.2.1(e)	An employer is not required to contribute to more than one fund in respect of an employee employed under this award.

30.2.2	Ordinary time earnings for the purposes of this clause, means:

30.2.2(a)	the classification rate under this award;

30.2.2(b)	any over-award payment;

30.2.2(c)	loadings which the employee earns for working ordinary hours of duty; and

30.2.2(d)	casual loading in respect of casual employees.

30.2.3	Ordinary time earnings does not include bonuses, commission, payments for overtime or other payments, remuneration or allowances.

30.3	Employer contributions

A respondent employer shall contribute to the Fund in respect of each employee such contributions as required to comply with the Superannuation Guarantee (Administration) Act 1992 and the Superannuation Guarantee Charge Act 1992 as amended from time to time.

30.4	Voluntary employees contributions

30.4.1	Subject to statutory requirements, an employee may make contributions to the Fund in addition to those made by the respondent employer under 30.3.

30.4.2	An employee who wishes to make additional contributions must authorise the respondent employer in writing to pay into the Fund, from the employee’s wages, amounts specified by the employee in accordance with the Fund Trust Deed and Rules.

30.4.3	An employer who receives written authorisation from the employee, must commence making payments into the Fund on behalf of the employee within fourteen days of receiving authorisation.

30.4.4	Employees shall have the right to adjust the level of contributions made on their own behalf on the first of July each year provided that by agreement with the respondent employer the employees may vary their additional contribution at other times.

30.5	Absence from work

Subject to the governing rules of the Fund of which an employee is a member, the following provisions shall apply:

30.5.1	Paid leave

Contributions shall continue whilst a member of a Fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement leave or other paid leave.

30.5.2	Work-related injury or illness

In the event of an employee’s absence from work being due to work-related injury or work-related illness, contributions at the normal rate shall continue for the period of absence (subject to a maximum of 52 weeks total absence for each sickness or injury) provided that:

30.5.2(a)	the member of the Fund is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements or the provisions of this award; and

30.5.2(b)	the person remains an employee of the employer.
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