business equipment award 2010

8/8/2019 Business Equipment Award 2010

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Business Equipment Award 2010

The above award was first made on 3 April 2009 [PR986362]

This consolidated version of the award includes variations made on 11 September 2009 [PR988401]

NOTE: Transitional provisions may apply to certain clauses see clause 2 and Schedule A

Table of Contents[Varied by PR988401]

Part 1Application and Operation 3

1. Title 3

2. Commencement and transitional 3

3. Definitions and interpretation 4

4. Coverage 4

5. Access to the award and the National Employment Standards 5

6. The National Employment Standards and this award 5

7. Award flexibility 5

8. Facilitative provisions 6

Part 2Consultation and Dispute Resolution 7

9. Consultation regarding major workplace change 7

10. Dispute resolution 7

Part 3Types of Employment and Termination of Employment 8

11. Full-time employment 8

12. Part-time employment 8

13. Casual employment 8

14. School-based apprentices 8

15. Trainees 8

16. Absence from duty 9

17. Abandonment of employment 9

18. Termination of employment 9

19. Redundancy 9


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[2.22.6 inserted by PR988401]

2.2 The monetary obligations imposed on employers by this award may be absorbed into overawardpayments. Nothing in this award requires an employer to maintain or increase any overawardpayment.

2.3 This award contains transitional arrangements which specify when particular parts of the award comeinto effect. Some of the transitional arrangements are in clauses in the main part of the award.There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

minimum wages and piecework ratescasual or part-time loadingsSaturday, Sunday, public holiday, evening or other penaltiesshift allowances/penalties.

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to resultin a reduction in the take-home pay of employees covered by the award. On application by or onbehalf of an employee who suffers a reduction in take-home pay as a result of the making of thisaward or the operation of any transitional arrangements, Fair Work Australia may make any orderit considers appropriate to remedy the situation.

2.5 Fair Work Australia may review the transitional arrangements in this award and make a determinationvarying the award.

2.6 Fair Work Australia may review the transitional arrangements:

(a) on its own initiative; or

(b) on application by an employer, employee, organisation or outworker entity covered by themodern award; or

(c) on application by an organisation that is entitled to represent the industrial interests of one ormore employers or employees that are covered by the modern award; or

(d) in relation to outworker arrangements, on application by an organisation that is entitled torepresent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

3.1 In this award, unless the contrary intention appears:

Act means the Workplace Relations Act 1996(Cth)

Commission means the Australian Industrial Relations Commission or its successor

employee has the meaning in the Act

employer has the meaning in the Act

enterpriseaward has the meaning in the Act

enterprise NAPSA means a NAPSA derived from a State award which immediately prior to 27

March 2006 applied only to a single business or a part of a single business

NAPSA means notional agreement preserving a State award and has the meaning in the Act


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NES means National Employment Standards

standard rate means the minimum weekly wage for a Level 4 Technician in clause 20

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

4. Coverage

4.1 This industry award covers employers throughout Australia in the business equipment industry andtheir employees in the classifications listed in this award to the exclusion of any other modernaward.

4.2 Business equipment industry means the sale or lease and associated installation and servicing ofbusiness equipment such as computers, data processing equipment, photocopiers, facsimilemachines, cash registers, accounting and adding machines, calculators and peripheral equipmentassociated with such equipment including keyboards, display screens, printers, routers andmultifunction devices.

4.3 The award does not cover:

(a) an employee excluded from award coverage by the Act;

(b) persons wholly or mainly engaged in managerial positions;

(c) employees whilst undertaking formal training courses or schools in connection with theiremployment;

(d) an employer bound by an enterprise award or an enterprise NAPSA with respect to anyemployee who is covered by the enterprise award or NAPSA.; or

(e) employees of electrical contractors or manufacturers of business equipment.

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

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whomthey apply either on a noticeboard which is conveniently located at or near the workplace or throughelectronic means, whichever makes them more accessible.

6. The National Employment Standards and this award

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

7. Award flexibility

7.1 Notwithstanding any other provision of this award, an employer and an individual employee may agreeto vary the application of certain terms of this award to meet the genuine individual needs of the

employer and the individual employee. The terms the employer and the individual employee mayagree to vary the application of are those concerning:

(a) arrangements for when work is performed;


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(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

7.2 The employer and the individual employee must have genuinely made the agreement without coercionor duress.

7.3 The agreement between the employer and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and

(b) result in the employee being better off overall than the employee would have been if noindividual flexibility agreement had been agreed to.

7.4 The agreement between the employer and the individual employee must also:

(a) be in writing, name the parties to the agreement and be signed by the employer and theindividual employee and, if the employee is under 18 years of age, the employees parent orguardian;

(b) state each term of this award that the employer and the individual employee have agreed tovary;

(c) detail how the application of each term has been varied by agreement between the employerand the individual employee;

(d) detail how the agreement results in the individual employee being better off overall in relationto the individual employees terms and conditions of employment; and

(e) state the date the agreement commences to operate.

7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as atime and wages record.

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a personother than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee.Where the employees understanding of written English is limited the employer must takemeasures, including translation into an appropriate language, to ensure the employee understandsthe proposal.

7.8 The agreement may be terminated:

(a) by the employer or the individual employee giving four weeks notice of termination, inwriting, to the other party and the agreement ceasing to operate at the end of the noticeperiod; or

(b) at any time, by written agreement between the employer and the individual employee.

7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to


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otherwise affect, any provision for an agreement between an employer and an individual employeecontained in any other term of this award.

8. Facilitative provisions

8.1 A facilitative provision provides that the standard approach in an award provision may be departedfrom by agreement between an individual employer and an employee, or the majority ofemployees in the enterprise or part of the enterprise concerned. Facilitative provisions are not to beused as a device to avoid award obligations nor should they result in unfairness to an employee oremployees covered by this award.

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

(a) clause 27Ordinary hours of work and rostering;

(b) clause 29Meal breaks;

(c) clause 28Special provisions for shiftworkers; and

(d) clause 34.2Public holidays.

Part 2Consultation and Dispute Resolution

9. Consultation regarding major workplace change

9.1 Employer to notify

(a) Where an employer has made a definite decision to introduce major changes in production,program, organisation, structure or technology that are likely to have significant effects onemployees, the employer must notify the employees who may be affected by the proposed

changes and their representatives, if any.

(b) Significant effects include termination of employment; major changes in the composition,operation or size of the employers workforce or in the skills required; the elimination ordiminution of job opportunities, promotion opportunities or job tenure; the alteration of hoursof work; the need for retraining or transfer of employees to other work or locations; and therestructuring of jobs. Provided that where this award makes provision for alteration of any ofthese matters an alteration is deemed not to have significant effect.

9.2 Employer to discuss change

(a) The employer must discuss with the employees affected and their representatives, if any, theintroduction of the changes referred to in clause 9.1, the effects the changes are likely to haveon employees and measures to avert or mitigate the adverse effects of such changes onemployees and must give prompt consideration to matters raised by the employees and/ortheir representatives in relation to the changes.

(b) The discussions must commence as early as practicable after a definite decision has been madeby the employer to make the changes referred to in clause 9.1.

(c) For the purposes of such discussion, the employer must provide in writing to the employees

concerned and their representatives, if any, all relevant information about the changesincluding the nature of the changes proposed, the expected effects of the changes onemployees and any other matters likely to affect employees provided that no employer isrequired to disclose confidential information the disclosure of which would be contrary to the


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employers interests.

10. Dispute resolution

10.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in thefirst instance the parties must attempt to resolve the matter at the workplace by discussionsbetween the employee or employees concerned and the relevant supervisor. If such discussions donot resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner bydiscussions between the employee or employees concerned and more senior levels of managementas appropriate.

10.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to beresolved at the workplace, and all appropriate steps under clause 10.1 have been taken, a party tothe dispute may refer the dispute to the Commission.

10.3 The parties may agree on the process to be utilised by the Commission including mediation,conciliation and consent arbitration.

10.4 Where the matter in dispute remains unresolved, the Commission may exercise any method of dispute

resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

10.5 An employer or employee may appoint another person, organisation or association to accompanyand/or represent them for the purposes of this clause.

10.6 While the dispute resolution procedure is being conducted, work must continue in accordance with thisaward and the Act. Subject to applicable occupational health and safety legislation, an employeemust not unreasonably fail to comply with a direction by the employer to perform work, whether atthe same or another workplace, that is safe and appropriate for the employee to perform.

Part 3Types of Employment and Termination of Employment

11. Full-time employment

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

12. Part-time employment

An employee may be engaged to work on a part-time basis involving a regular pattern of hours whichaverage less than 38 hours per week. An employee so engaged will be paid per hour 1/38th of the weekly

rate prescribed by clause 20 of this award for the work performed.

13. Casual employment

13.1 An employer may engage employees on a casual basis in which case employment may be terminatedby an hours notice given either by the employer or the employee, or by the payment or forfeitureof an hours wage as the case may be.

13.2 A casual employee is one engaged and paid as such, and for working ordinary time will be paid perhour 1/38th of the weekly wage prescribed by this award for the work which the employee

performs, plus 20%.

14. School-based apprentices


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[Sched B renumbered as Sched C by PR988401]

See Schedule C

15. Trainees

The terms of this award apply to trainees covered by the National Training Wage provisions, except whereotherwise stated in this award.

16. Absence from duty

Unless a provision of this award states otherwise, an employee not attending will lose pay for the actualtime of such non-attendance.

17. Abandonment of employment

17.1 The absence of an employee from work for a continuous period exceeding two working days withoutthe consent of the employer and without notification to the employer will be prima facie evidencethat the employee has abandoned the employment.

17.2 Provided that if within a period of seven days from the employees last attendance at work or the dateof the employees last absence in respect of which notification has been given or consent has beengranted, an employee has not established to the satisfaction of the employer that the employee isabsent for reasonable cause, the employee will be deemed to have abandoned the employment.

17.3 Termination of employment by abandonment in accordance with this clause will operate as from thedate of the last attendance at work or the last days absence in respect of which consent wasgranted, or the date of the last absence in respect of which notification was given to the employer,whichever is the later.

18. Termination of employment

18.1 Notice of termination is provided for in the NES.

18.2 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of anemployer except that there is no requirement on the employee to give additional notice based onthe age of the employee concerned. If an employee fails to give the required notice the employermay withhold from any money due to the employee on termination under this award or the NES,

an amount not exceeding the amount the employee would have been paid under this award inrespect of the period of notice required by this clause less any period of notice actually given bythe employee.

18.3 Job search entitlement

Where an employer has given notice of termination to an employee, an employee must be allowedup to one days time off without loss of pay for the purpose of seeking other employment. Thetime off is to be taken at times that are convenient to the employee after consultation with theemployer.

19. Redundancy

19.1 Redundancy pay is provided for in the NES.


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19.2 Transfer to lower paid duties

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

19.3 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate theiremployment during the period of notice. The employee is entitled to receive the benefits andpayments they would have received under this clause had they remained in employment until theexpiry of the notice, but is not entitled to payment instead of notice.

19.4 Job search entitlement

(a) An employee given notice of termination in circumstances of redundancy must be allowed upto one day's time off without loss of pay during each week of notice for the purpose of

seeking other employment.

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

(c) This entitlement applies instead of clause 18.3.

19.5 Transitional provisions

(a) Subject to clause 19.5(b), an employee whose employment is terminated by an employer isentitled to redundancy pay in accordance with the terms of a NAPSA:

(i) that would have applied to the employee immediately prior to 1 January 2010, if theemployee had at that time been in their current circumstances of employment and noagreement made under the Act had applied to the employee; and

(ii) that would have entitled the employee to redundancy pay in excess of the employeesentitlement to redundancy pay, if any, under the NES.

(b) The employees entitlement to redundancy pay under the NAPSA is limited to the amount of

redundancy pay which exceeds the employees entitlement to redundancy pay, if any, underthe NES.

(c) This clause does not operate to diminish an employees entitlement to redundancy pay underany other instrument.

(d) Clause 19.5 ceases to operate on 31 December 2014.

Part 4Minimum Wages and Related Matters

20. Classifications and adult rates[Sched A renumbered as Sched B by PR988401]


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(ii) Clerical stream

(c) For the purposes of ascertaining weekly wage rates for each classification (as referred to invarious clauses of this award, e.g. casual employment, part-time employment) the salaries inclause 20 must be divided by 52.

(d) Higher duties

An employee who is directed by the employer to perform work of a higher grade than that inwhich the employee is normally engaged must, provided the employee is capable ofperforming the higher grade work, be paid at the rate which would be applicable if such workwas performed on a permanent basis. This clause will not apply where the employee beingrelieved is absent on annual leave or personal/carers leave until the absence has exceededone week at which time the employee must be paid for that week and any additional days.

20.3 Supported wage system

[Sched C renumbered as Sched D by PR988401]

See Schedule D

20.4 National training wage

[Sched D renumbered as Sched E by PR988401]

See Schedule E

21. Exemptions

21.1 Exemptions for employees in the technical stream

The following award provisions will not apply to an employee in the technical stream in receipt ofa salary of $46,346 or higher:

(a) clause 20.2(d)Higher duties;

(b) clause 22.1(c)First aid allowance;

(c) clause 22.1(e)Representation allowance;

(d) clause 22.1(g)Area allowance;

16 years and under 60

17 years 75

18 years and over 100

Age Percentage of adult salary

%16 years and under 55

17 years 65

18 years 75

19 years 87.5


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(e) clause 22.1(h)Living away from home allowance;

(f) clause 27Ordinary hours of work and rostering;

(g) clause 28Special provisions for shiftworkers;

(h) clause 29Meal breaks;

(i) clause 30Overtime; and

(j) clause 34.3Payment for time worked on a public holiday.

21.2 Exemptions for employees in the clerical stream

Except as to:

(a) clause 31Annual leave

(b) clause 32Personal/ carers leave and compassionate leave

(c) clause 33Community service leave, and

(d) clause 34Public holidays.

the terms of this award will not apply to any employee in the Clerical stream who is in receipt of asalary which exceeds the appropriate rate prescribed in clause 20 in which they are employed by10%.

21.3 Exemptions for employees in the commercial travellers stream

The following award provisions will not apply to employees in the commercial travellers stream:

(a) clause 20.2(d)Higher duties; and

(b) Part 5Hours of work and related matters.

22. Allowances

22.1 Technical stream and Clerical stream

(a) Leading hands

The following allowance applies for all purposes of the award:

(b) Motor vehicle allowances

(i) All means of locomotion required by an employer must be provided and maintained by

In charge of Percentage of the standard rate perweek extra

%

2 to 5 employees 3.21

6 to 10 employees 4.75

More than 10 employees 6.20


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the employer. Provided that any existing arrangements as to the payment of anallowance for kilometres travelled other than for business purposes may continue or beat the discretion of the employer. Provided that an employee will be required to ensurethat a vehicle supplied by the employer is kept in a reasonably clean and tidy conditionwhere such vehicle is used by the employee for the employees own private purposes.

(ii) Where an employee, by arrangement with the employer, provides a motor vehicle for usein connection with the employers business the employee must be paid for the use ofsuch vehicle on the following basis:

(A) If it is necessary for an employee to provide and/or use their own motor vehiclefor each day to carry out assigned duties, the employee must be paid anallowance of $595.00 per month. Provided however that in the case of anemployee who is assigned duties in a country territory, the employee must bepaid an allowance of $688.95 per month.

(B) In addition an allowance of $0.32 must be paid per kilometre travelled duringthe course of business. This allowance will not apply to an employee in respectof distance travelled to the employees normal place of employment or to the

place at which work is to commence as the case may be, whichever the lesserunless the employee is required to transport tools or equipment or parts orreference materials to perform the work.

(C) The allowance must be paid each month and will cover the periods theemployee is taking annual or sick leave entitlement in accordance with thisaward or is undertaking a training course or school of no more than threemonths duration, but will not include any period of long service leave.

(D) An employer must give one months notice to an employee that the employeewill not be required to use the employees motor vehicle to carry out assigned

duties. Provided that notice is not given by the employer to avoid payment ofthe motor vehicle allowance while the employee is on annual orpersonal/carers leave or attending a training school.

(E) An employee who is required to use their own motor vehicle to carry out theemployers business on a casual basis must be paid an allowance of $0.74 perkilometre.

(c) First aid allowance

An employee holding a current first aid qualification from St John Ambulance or a similarbody and appointed by the employer to perform first aid duties must be paid a weeklyallowance of 2.35% of the standard weekly rate for any week the employee is so appointed.

(d) Meal allowance

(i) An employee must receive a meal allowance of $11.06 for each rest break prescribed inclause 30.3(d).

(ii) The meal allowance will not apply where the employer provides a meal to an employeeon overtime or the employee lives in the same locality in which the employee is

working and can reasonably return home for a meal.

(e) Representation allowance


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Employees regularly expected to be engaged in technical service or technical support in thefield on behalf of their employer must, in addition to the salary and any other allowanceprescribed by this award, be paid a representation allowance of 2.18% of the standardweekly rate per week.

(f) Service centre allowance

(i) An employee who is required by the employer to accept responsibility for the companyspremises together with equipment and other materials in the employers depot or

satellite service centre must be paid an allowance of 6.08% of the standard weekly rateper week.

(ii) A depot or satellite service centre means an establishment which falls within thedefinition of a registered shop under the terms of the appropriate State factories andshops legislation.

(g) Area allowance

(i) Where an employee is located or required to perform work in any of the areas specified

below for a period exceeding five working days, such employee must be paid theappropriate allowance prescribed for each continuous week of service in that area:

(ii) The above allowances are not payable when an employer provides an employee withaccommodation or other similar benefit of at least an equivalent amount to thatprescribed above for the relevant area and such will be in full satisfaction of theemployers obligation under this clause.

(iii) Northern Territory area allowance ceases to operate on 31 December 2014.

(h) Living away from home allowance

(i) A living away from home allowance of $55.75 per day must be paid when an employeeis required to spend a night away from their usual place of residence. Provided thatwhen calculating the living away from home allowance the first and last days will

count as one day.

(ii) If it is necessary for an employee to travel for more than two and a half hours after theirnormal finishing time the employee will be entitled to a further meal allowance of

Area Per week extra

$

Northern Territory 31.10

Mt Isa, Queensland 57.40

Broken Hill, New South Wales 28.80

That area of Western Australia, North of a line running East from Carrot

Bay to the Northern Territory border

20.25

That area of Western Australia situated between latitude 24 degrees anda line running East from Carrot Bay to the Northern Territory border

17.40

That area within a line commencing on the coast at latitude 24 degrees,then East to the Northern Territory border, then South to the coast, thenalong the coast to a longitude 123 degrees, North to the intersection oflatitude 26 degrees, then West along latitude 26 degrees

7.85


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$9.65 for the evening meal.

(iii) The allowances in clauses 22.1(h)(i) and (ii) are not payable in circumstances wherethey are provided by the employer.

22.2 Commercial Travellers stream

(a) Motor vehicle allowance

(i) Where an employee, by arrangement with the employer, provides a motor vehicle inconnection with the employers business, the employee must:

be paid a motor vehicle allowance which will be determined in accordancewith this clause; andbe given at least one months written notice of the employers intention toterminate or alter such arrangement or instead must be paid the motor vehicleallowance referred to in this clause for one month.

(ii) The motor vehicle allowance referred to in this clause will be determined by agreementbetween the employer and the employee, subject to the following:

such agreement will specify the amount of the allowance, the conditions underwhich it is payable or not payable and the frequency and method of payment.

(iii) where the employer provides the salesperson with a motor vehicle for use in theemployers business without cost to the employee, the employer will not be required topay the motor vehicle allowance referred to in this clause. Provided that where a motorvehicle has been provided by the employer it will be fully maintained by the employer.

(b) New employee required to purchase vehicle

An employee who:

(i) at the time of their application for employment neither owned nor was in the process ofacquiring the ownership of a motor vehicle by hire, purchase or otherwise;

(ii) informed the employer of the fact prior to their engagement;

(iii) was thereafter engaged on terms requiring them to provide a vehicle for use in theiremployment; and

(iv) did provide such vehicle and if the employer dismisses the employee within the firstthree months of employment, otherwise than for misconduct justifying summarydismissal, the employer must pay the employee the rate of remuneration prescribed byclause 20 for the unexpired portion of the period of three months and also pay them themotor vehicle allowance prescribed by this clause for a maximum of six months fromthe date of commencement of employment.

(c) Expenses and accommodation reimbursement

(i) All reasonable expenses actually incurred by an employee in connection with theemployers business, authorised by the employer and properly paid by the employee,

must be reimbursed by the employer. Such expenses as can be reasonably anticipatedmust be advanced to the employee.

(ii) Without limiting the generality of clause 22.2(c)(i) the following will be deemed to be


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reasonable expenses and must be reimbursed by the employer:

(A) Approved entertainment expenses;

(B) Bridge, road and ferry tolls;

(C) The cost of reasonable hotel/motel accommodation when the employee is requiredto remain away from the employees usual place of residence on any night andthe cost of breakfast, a midday meal and an evening meal when the employee is,

and is required to be, away from the employees usual place of residence at theemployees usual time for taking such meal in pursuance of the performance ofthe employees duties. Provided that when an employee is specifically directed towork after 6.00 pm on any one day, the employee must be reimbursed thereasonable expense actually incurred in obtaining an evening meal.

(D) In the event that an employee suffers injury or incapacity, necessitating theemployees return to the employees usual place of residence, or to a hospital, theexpenses actually incurred in returning thereto.

(E) Where air or rail travel is necessarily involved, the expenses for economy class airtickets or for first class rail tickets and for sleeping accommodation whereavailable.

(F) Reasonable laundry expenses incurred by an employee after the employee has beenaway from his or her place of residence for more than one weekend in the courseof his or her employment.

(G) Such expenses as the employer and the employee agree, either by the terms of thecontract of employment or otherwise, to be reasonable expenses or to beexpenses for which the employee should be reimbursed or paid.

(iii) Employees whilst travelling on their employer's business will be regarded as being onduty for all purposes of this award and for the purposes of all relevant State workerscompensation legislation.

(d) Relocation Allowance

(i) Where an employee is transferred to another location or another state, the cost of removalexpenses reasonably incurred must be borne and paid for by the employer, providedthat an employee who is transferred at their own request may be required to pay theirown expenses.

(ii) Where such employee is directed by the employer to another locality for employmentwhich can be reasonably regarded as permanent and involving a change of residence,and where the employee is in the process of buying a place of residence in that newlocation, the employee must be reimbursed for the cost of accommodation for a periodnot exceeding six weeks. Where the employee has difficulty in obtaining a place ofresidence, the abovementioned period may be extended to a period not exceeding threemonths. Provided that the employer is not required to reimburse the employee wherethe employer provides accommodation at no cost to the employee.

(iii) Where an employee is not in the process of buying a place of residence, the employermust reimburse the employee for the cost of accommodation for a period not exceedingfour weeks. Provided that the employer is not required to reimburse the employeewhere the employer provides accommodation for the employee at no cost to the


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employee.

(iv) The provision of the above will cease to apply immediately after the employee assumestheir new place of residence or when the purchase has been completed, whichever isthe sooner.

(v) For the purpose of this clause, accommodation will be limited to the provision ofhousing.

22.3 Adjustment of expense related allowances

(a) At the time of any adjustment to the standard rate, each expense related allowance will beincreased by the relevant adjustment factor. The relevant adjustment factor for this purpose isthe percentage movement in the applicable index figure most recently published by theAustralian Bureau of Statistics since the allowance was last adjusted.

(b) The applicable index figure is the index figure published by the Australian Bureau of Statisticsfor the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

23. District allowances

23.1 Northern Territory

An employee in the Northern Territory is entitled to payment of a district allowance in accordancewith the terms of an award made under the Workplace Relations Act 1996(Cth):

(a) that would have applied to the employee immediately prior to 1 January 2010, if the employeehad at that time been in their current circumstances of employment and no agreement madeunder that Act had applied to the employee; and

(b) that would have entitled the employee to payment of a district allowance.

23.2 Western Australia

An employee in Western Australia is entitled to payment of a district allowance in accordance withthe terms of a NAPSA or an award made under the Workplace Relations Act 1996(Cth):

(a) that would have applied to the employee immediately prior to 1 January 2010, if the employeehad at that time been in their current circumstances of employment and no agreement madeunder that Act had applied to the employee; and

(b) that would have entitled the employee to payment of a district allowance.

23.3 This clause ceases to operate on 31 December 2014.

24. Accident pay

Allowance Applicable Consumer Price Index figureMeal allowance Take away and fast foods sub-group

Living away from home and area allowance Domestic holiday and travel accommodationsub-group

Motor Vehicle/travel allowance Private motoring sub-group


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24.1 Subject to clause 24.2, an employee is entitled to accident pay in accordance with the terms of:

(a) a NAPSA that would have applied to the employee immediately prior to 1 January 2010 or anaward made under the Workplace Relations Act 1996 (Cth) that would have applied to theemployee immediately prior to 27 March 2006, if the employee had at that time been in theircurrent circumstances of employment and no agreement made under the Workplace RelationsAct 1996(Cth) had applied to the employee; and

(b) that would have entitled the employee to accident pay in excess of the employees entitlement

to accident pay, if any, under any other instrument.

24.2 The employees entitlement to accident pay under the NAPSA or award is limited to the amount ofaccident pay which exceeds the employees entitlement to accident pay, if any, under any otherinstrument.

24.3 This clause does not operate to diminish an employees entitlement to accident pay under any otherinstrument.

24.4 This clause ceases to operate on 31 December 2014.

25. Payment of wages

25.1 Wages must be paid weekly, fortnightly, four-weekly, half-monthly, monthly or in accordance withexisting practices, by cash or by cheque or to the credit of the employees account in a bank orother recognised financial institution, or in any agreed combination of the foregoing.

25.2 Wages must be paid, either:

(a) according to the average number of ordinary hours worked per pay period; or

(b) by agreement with either the majority of employees or with an individual employee accordingto the actual ordinary hours worked each pay period.

25.3 Where wages are paid in cash, such payment must be made during normal working hours.

25.4 Upon termination of employment, the wages due to an employee must be paid on the day of suchtermination or forwarded by post on the next working day.

26. Superannuation

26.1 Superannuation legislation

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

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

26.2 Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the


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benefit of an employee as will avoid the employer being required to pay the superannuationguarantee charge under superannuation legislation with respect to that employee.

26.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, inwriting, authorise their employer to pay on behalf of the employee a specified amount fromthe post-taxation wages of the employee into the same superannuation fund as the employermakes the superannuation contributions provided for in clause 26.2.

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

(c) The employer must pay the amount authorised under clauses 26.3(a) or (b) no later than 28days after the end of the month in which the deduction authorised under clauses 26.3(a) or(b) was made.

26.4 Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make thesuperannuation contributions provided for in clause 26.2 to another superannuation fund that ischosen by the employee, the employer must make the superannuation contributions provided for inclause 26.2 and pay the amount authorised under clauses 26.3(a) or (b) to one of the followingsuperannuation funds:

(a) AustralianSuper;

(b) CareSuper;

(c) any superannuation fund to which the employer was making superannuation contributions forthe benefit of its employees before 12 September 2008, provided the superannuation fund isan eligible choice fund.

26.5 Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also makethe superannuation contributions provided for in clause 26.2 and pay the amount authorised underclauses 26.3(a) or (b):

(a) Paid leavewhile the employee is on any paid leave;

(b) Work-related injury or illnessfor the period of absence from work (subject to a maximumof 52 weeks) of the employee due to work-related injury or work-related illness providedthat:

(i) the employee is receiving workers compensation payments or is receiving regularpayments directly from the employer in accordance with the statutory requirements;and

(ii) the employee remains employed by the employer.

Part 5Hours of Work and Related Matters

27. Ordinary hours of work and rostering


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27.1 Ordinary hours of workday workers

(a) Subject to this award, the ordinary hours of work for day workers are to be an average of 38per week, of no more than eight hours per day, between the hours of 6.30 am to 6.30 pm atthe discretion of the employer on any day or all of the days of the week, Monday to Friday.

27.2 Flexibility in relation to day work hours

(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 majorityof the employees concerned in the workplace or relevant section/s. Agreement in this respectmay also be reached between the employer and an individual employee:

(i) the spread of hours (i.e. 6.30 am to 6.30 pm) may be altered by up to one hour at eitherend of the spread;

(ii) the days on which ordinary hours are worked may include Saturday and/or Sunday,subject to the penalties in clause 27.4 and 27.5;

(iii) in excess of eight 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 theprovisions of clause 28.4 of this award.

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

(c) Where agreement is reached in accordance with this paragraph, the agreement must be recordedin the time and wages records.

27.3 Day work outside the spread of hours

Where a day worker works part of the ordinary hours outside:

(a) the spread of hours referred to in clause 27.1; or

(b) the spread of hours as varied in accordance with clause 27.2;

the employee is entitled to an allowance of 24.7% of the standard level hourly rate for eachordinary hour worked outside the spread of hours. Where such ordinary hours are worked after thespread of hours prescribed in clause 27.1, such hours will be limited to a maximum of four days

per week.

27.4 Working ordinary hours on Saturday

Day workers are entitled to an allowance of 59.2% of the standard level hourly rate per hour forordinary time worked on Saturday.

27.5 Working ordinary hours on Sunday

Day workers are entitled to an allowance of 82.95% of the standard level hourly rate per hour forordinary time worked on Sunday.

27.6 General conditions relating to hours of work for day workers and shiftworkers

(a) The arrangement of hours under clause 27 and shifts under clause 28, once determined may be


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altered as follows:

(i) by the employer giving one weeks notice of the requirement to change the arrangementof hours or shifts;

(ii) by mutual agreement between the employees concerned and their employer;

(iii) by the employer giving 24 hours notice to the employee in the case of an emergency; or

(iv) at the discretion of the employer, employees may be permitted to exchange shifts ordays off to perform duty for another employee. In such circumstances the employer isnot required to make any additional payment.

27.7 Rosters

Rosters will specify the commencement and finishing times of ordinary working hours foremployees.

27.8 Casual and part-time employees

Casual and part-time employees are entitled to the hourly allowances set out in clause 27Ordinary hours of work and rostering and clause 28Special provisions for shiftworkers of thisaward, where applicable, for the hours that the employees work.

27.9 Special provisions for country employees

The provisions of clause 27Ordinary hours of work and rostering and clause 28Specialprovisions for shiftworkers of this award will not apply to employees covered by this clauseprovided that the hours of such work will not exceed an average of 38 per week, exclusive of mealbreaks, Monday to Friday inclusive.

28. Special provisions for shiftworkers

28.1 For the purposes of this award:

(a) Standard shiftwork means shiftwork performed:

on shifts of not more than eight hours; oron shifts of more than eight hours but not more than 10 hours in accordance withclause 28.2(b)(i).

(b) Non-standard shiftwork means any arrangement of shiftwork of up to 12 hours per dayworked over a seven day period Monday to Sunday, other than standard shiftwork.

(c) Afternoon shift means any shift finishing after 6.30 pm and at or before midnight.

(d) Night shift means any shift finishing after midnight and at or before 8.00 am.

28.2 Standard shiftwork

(a) Ordinary hours of work

(i) The ordinary hours of work for standard shiftworkers are to be an average of 38 hours perweek.

(ii) The ordinary hours of work are to be worked continuously. Such hours will be worked at


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the discretion of the employer. Standard shiftworkers are entitled to a twenty minutemeal break on each shift which will be counted as time worked.

(b) Flexibility in relation to standard shiftwork

(i) The following forms of flexibility may be implemented in respect of all employeesengaged on standard shiftwork in a workplace or section/s thereof, subject toagreement between the employer and the majority of the employees concerned in theworkplace or relevant section/s. Agreement in this respect may also be reached

between the employer and an individual employee:

the shift definitions in clause 28.1(a) may be altered by up to one hour at eitherend of the span of hours referred to in the definition;in excess of eight hours and up to 10 hours of ordinary time may be worked pershift.

(ii) Where an agreement is reached by the majority of employees it will apply to all theemployees in the workplace or section/s to which the agreement applies. This does notin any way restrict the application of an individual agreement.

(iii) Where agreement is reached in accordance with this clause, the agreement will berecorded in the time and wages records.

(c) Afternoon and night shift allowances

The following allowances apply to standard shiftworkers (as defined).

(i) Employees are entitled to an allowance of 14.68% of the standard level hourly rate perhour for time worked on an afternoon shift.

(ii) Except as provided for in clause 28.2(c)(iii), employees are entitled to an allowance of17.59% of the standard level hourly rate per hour for time worked on a night shift.

(iii) An employee who:

during a period of engagement on shift, works night shift only;remains on night shift for a longer period than four consecutive weeks; orworks on a night shift which does not rotate or alternate with afternoon shift orwith day work so as to give the employee at least one third of the working timeoff night shift in each shift cycle;

is entitled to an allowance of 21% of the standard level hourly rate, per hour for timeworked on such night shift, instead of the allowance prescribed in clause 28.2(c)(ii).

(d) Rate for Saturday shifts

The minimum rate to be paid to a standard shiftworker for work performed between midnighton Friday and midnight on Saturday will be time and a half for the first four hours anddouble time thereafter. This extra rate is in substitution for and not cumulative upon the shiftallowances prescribed in clauses 28.2(c)(i), (ii) and (iii).

(e) Rate for Sunday shifts

The minimum rate to be paid to a standard shiftworker for work performed between midnighton Saturday and midnight on Sunday will be double time. This extra rate is in substitution forand not cumulative upon the shift allowances prescribed in clauses 28.2(c)(i), (ii) and (iii).


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28.3 Non-standard shiftwork

(a) Ordinary hours of work

(i) The ordinary hours of work for non-standard shiftworkers (as defined) are to be anaverage of 38 hours per week to be worked over a shift cycle which does not exceed13 weeks in duration.

(ii)The ordinary hours of work are to be worked continuously at the discretion of theemployer. Non-standard shiftworkers are entitled to a 20 minute meal break on each

shift which will be counted as time worked.

(b) Allowance for non-standard shiftworkers

Employees are entitled to an allowance of 30% of the standard level hourly rate, for eachordinary hour worked on a non-standard shift (as defined). The extra rate in this clause is insubstitution for and not cumulative upon the shift premiums prescribed in clauses 28.2(c), (d)and (e) and clause 27.

28.4 Twelve hour days or shifts

Implementation of 12 hour days or shifts is subject to the following:

(a) suitable roster arrangements being made, including a review process relating to such rosters;and

(b) adequate breaks being provided.

28.5 Daylight saving

For work performed on any shift which spans the time of introduction or cessation of a system ofdaylight saving as prescribed by relevant State legislation, an employee must be paid according toadjusted time (i.e. the time on the clock at the beginning of the shift and the time on the clock atthe end of the shift).

28.6 Make-up time

A day worker or a shiftworker may elect, with the consent of the employer, to work make-up timeunder which the employee takes time off during ordinary hours, and works those hours at a latertime, during the spread of ordinary hours provided in the award.

29. Meal breaks

29.1 Except as provided for in clause 29.2, where practicable, an employee will not be required to work formore than five hours without a break for a meal which must be for a period of not less than 30minutes and not more than 60 minutes.

29.2 Flexibility in relation to breaks

(a) The following forms of flexibility may be implemented in respect of all employees in aworkplace 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 respectmay also be reached between the employer and an individual employee:

(i) employees may work in excess of five hours but not more than six hours without a meal


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break (except in the case of twelve hour days or shifts);

(ii) meal breaks may be for a period of less than 30 minutes, but not less than 20 minutes.

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

(c) An employee directed by the employer to work in excess of five hours without a meal, or such

period as extended in accordance with clause 29.2, will be paid at the rate of time and onehalf for the meal period and the employee will be permitted to have the employees usualmeal period without deduction from the employees wage as soon as possible after theprescribed meal period.

(d) This clause will not operate outside an employee's ordinary working hours. Meal breaks duringovertime are prescribed in clause 30Overtime of this award.

30. Overtime

30.1 Overtime rates

(a) An employee who works in excess of or outside the employees ordinary hours established inaccordance with clause 27Ordinary hours of work and rostering or clause 28Specialprovisions for shiftworkers, of this award will be paid at the rate of time and a half for thefirst three hours and double time thereafter, until the completion of work.

(b) Provided that employees who are late starting or are absent for part of their ordinary hours onunpaid leave will complete their ordinary hours for that day prior to the entitlement toovertime.

30.2 Scheduling of overtime

The assignment of overtime by an employer will be based on the specific work requirements andthe practice of one in, all in overtime will not apply.

30.3 Work on a day off

(a) Days other than Sunday

An employee required to work overtime on any day off that is not a Sunday will be paid inaccordance with clause 30.1.

(b) Sunday

An employee required to work on a Sunday that is a day off will be paid double time for allwork.

(c) Minimum payment

(i) An employee required to work overtime on a Saturday or Sunday will be paid for aminimum of four hours at the appropriate rate except where such overtime is workedprior to or at the conclusion of ordinary hours of work.

(ii) In such circumstances, the employee will receive payment at the rate prescribed in clause30.1 for the actual time worked.


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(d) Rest break during overtime

(i) An employee working overtime will be allowed a rest break of 20 minutes withoutdeduction of pay after each four hours of overtime if the employee continues to workafter such rest break.

(ii) An employee working overtime for two or more hours after the completion of ordinaryworking hours will receive a paid rest break of 20 minutes. This rest break is to betaken at the commencement of overtime and is to be paid at the employees ordinary

time rate.

(iii) An employer and employee may agree to a variation of this provision to meet thecircumstances of the work at hand provided that the employer will not be required tomake any payment in respect of any time allowed in excess of 20 minutes.

30.4 Call-back

(a) An employee recalled to work overtime after leaving work will be paid a minimum of fourhours or where the employee has been paid for standing by in accordance with clause 30.5,

the employee will be paid for a minimum of three hours at the appropriate overtime rate foreach time recalled, except where the overtime is continuous (subject to a meal break) withthe commencement or completion of ordinary hours.

(b) Provided that the employee will not be required to work the full four or three hours as the casemay be if the job(s) recalled to perform are completed within a shorter period.

(c) Notwithstanding the above, where an employee is recalled within the four or three hourguarantee period, the four or three hours minimum for the first recall will be cancelled andthe employee will be paid up to the commencement of the second or subsequent recalls.

(d) The provisions of this clause will not apply in circumstances where an employee providestechnical service or technical support over the telephone or via remote access arrangements.

(e) Overtime worked in circumstances specified in this clause will not be regarded as overtime forthe purposes of clause 30.6.

30.5 Stand-by

(a) An allowance of 59.42% of the standard level hourly rate per hour will be paid to an employeefor the period the employer requires the employee to remain in readiness for a return to workoutside the employee's ordinary hours.

(b) While receiving the appropriate overtime rate in accordance with clause 30.1 the stand-byallowance will not be paid.

30.6 Rest period after overtime

(a) When overtime work is necessary, it will wherever reasonably practicable be so arranged thatemployees have at least 10 consecutive hours off duty between the work of successive days.

(b) An employee (other than a casual or part-time employee) who works so much overtimebetween the termination of the ordinary work on one day and the commencement of theordinary work on the next day that the employee has not had at least 10 consecutive hoursoff duty between those times will, subject to this clause, be released after completion of suchovertime until the employee has had 10 consecutive hours off duty without loss of pay forordinary working time occurring during such absence.


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(c) If on the instructions of the employer an employee resumes or continues work without having10 consecutive hours off duty, the employee will be paid at double time until released fromduty for such period and then is entitled to be absent until the employee has had 10consecutive hours off duty without loss of pay.

(d) The provisions of this clause will not apply to call-backs or in circumstances where anemployee provides technical service or technical support over the telephone or via remoteaccess arrangements.

30.7 Technical service/support

(a) An employee required to work overtime providing technical service or technical support overthe telephone or via remote access arrangements will be paid for each occasion that suchwork is carried out:

(i) for a minimum of half an hour at the appropriate overtime rate where such workcommences between 5.00 am and 10.00 pm; or

(ii) for a minimum of one hour at the appropriate overtime rate where such work commencesafter 10.00 pm and before 5.00 am except where the overtime is continuous (subject toa meal break) with the commencement or completion of ordinary hours.

(b) Provided that, the employee will not be required to work the full half an hour or one hour asthe case may be if the work which the employer requires to be performed is completedwithin a shorter period.

(c) Notwithstanding the above, where an employee is required to carry out further overtime workwithin the half an hour or one hour guarantee period, the half an hour or one hour minimumfor the first work period will be cancelled and the employee will be paid up to the

commencement of the second or subsequent work period.

(d) Overtime worked in circumstances specified in this subclause will not be regarded as overtimefor the purposes of clauses 30.4 and 30.5.

30.8 Rates not cumulative

The rates prescribed in this clause are in substitution for and not cumulative upon the ratesprescribed in clause 27Ordinary hours of work and rostering and clause 28Special provisionsfor shiftworkers.

31. Annual leave

31.1 Annual leave is provided for in the NES.

31.2 Annual leave loading

(a) During a period of annual leave an employee will receive a loading calculated on the rate ofwage prescribed in clause 20Classifications and adult rates and adult rates. Annual leaveloading payment is payable on leave accrued.

(b) The loading is as follows:

(i) Day work

Employees who would have worked on day work only had they not been on leave17.5%


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or the relevant weekend penalty rates, whichever is the greater but not both.

(ii) Shiftwork

Employees who would have worked on shiftwork had they not been on leavea loading of17.5% or the shift loading (including relevant weekend penalty rates) whichever is thegreater but not both.

31.3 Paid leave in advance of accrued entitlement

An employer may allow an employee to take annual leave either wholly or partly in advancebefore the leave has accrued. Where paid leave has been granted to an employee in excess of theemployees accrued entitlement and the employee subsequently leaves or is discharged from theservice of the employer before completing the required amount of service to account for the leaveprovided in advance, the employer is entitled to deduct the amount of leave in advance still owingfrom any remuneration payable to the employee upon termination of employment.

31.4 Requirement to take leave

An employer may require an employee to take annual leave by giving at least four weeks noticein the following circumstances:

(a) as part of a close-down of its operations; or

(b) where more than eight weeks leave is accrued.

31.5 Definition of shiftworker

(a) For the purpose of the additional week of annual leave provided for in s.32(1)(b) of the NES, ashiftworker is a seven day continuous shiftworker who is regularly rostered to work on

Sundays and public holidays.

(b) Where an employee with 12 months continuous service is engaged for part of the 12 monthlyperiod as a seven day shiftworker, that employee must have their annual leave increased byhalf a day for each month the employee is continuously engaged as a seven day shiftworker.

31.6 Country employees

(a) Employees who are required by their employer to remain away from their usual place ofresidence on more than two nights in any week, Monday to Sunday inclusive, for each weekof the working year, will in addition to the annual leave prescribed in s.32(1)(a) of the NES

receive a further seven consecutive days leave including nonworking days

(b) Where an employee operates in country areas as prescribed in clause 31.6(a) for only part ofthe time the employee will receive an additional leave entitlement on the basis of an extrahalf days annual leave for each five weeks in any one year during which the employee isrequired to be away from the usual place of residence.

(c) This clause will not apply to employees undertaking training courses.

31.7 Excessive leave

(a) Notwithstanding s.33 of the NES, if an employer has genuinely tried to reach agreement withan employee as to the timing of taking annual leave, the employer can require the employeeto take annual leave by giving not less than four weeks notice of the time when such leave isto be taken if:


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(i) at the time the direction is given, the employee has eight weeks or more of annual leaveaccrued; and

(ii) the amount of annual leave the employee is directed to take is less than or equal to aquarter of the amount of leave accrued.

31.8 Termination

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

(b) The terms of clause 31.3 will apply in circumstances where an employee has been grantedannual leave in advance of the due date.

32. Personal/carers leave and compassionate leave

32.1 Personal/carers leave and compassionate leave are provided for in the NES.

32.2 Personal/carers leave for casual employees

(a) Casual employees are entitled to be not available for work or to leave work to care for a personwho is sick and requires care and support or who requires care due to an emergency.

(b) Such leave is unpaid. A maximum of 48 hours absence is allowed by right with additionalabsence by agreement.

33. Community service leave

Community service leave is provided for in the NES.

34. Public holidays

34.1 Public holidays are provided for in the NES.

34.2 An employer and the employees may by agreement substitute another day for a public holiday.

34.3 Work on a public holiday or a substituted day must be paid at double time and a half. Where both apublic holiday and substitute day are worked, public holiday penalties are payable on the holiday

and the employee is entitled to not less than four hours pay at penalty rates provided the employeeis available to work for four hours.

Schedule A

Transitional Provisions

[Sched A inserted by PR988401]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.


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A.1.2 The provisions of this schedule are to be applied when there is a difference, in money or percentageterms, between a provision in a transitional minimum wage instrument (including the transitionaldefault casual loading) or an award-based transitional instrument on the one hand and anequivalent provision in a modern award on the other.

A.2 Minimum wages existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January

2010:

(a) was obliged,

(b) but for the operation of an agreement-based transitional instrument would have been obliged,or

(c) if it had been an employer in the industry or of the occupations covered by this award wouldhave been obliged

by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a

minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

(a) a minimum wage for a junior employee, an employee to whom training arrangements applyand an employee with a disability;

(b) a piecework rate; and

(c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than theminimum wage in the relevant transitional minimum wage instrument and/or award-basedtransitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimumwage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for theclassification in this award minus the specified proportion of the transitional amount:

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annualwage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July2014.

A.3 Minimum wages existing minimum wage higher

First full pay period on or after

1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


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A.3.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January2010:

(a) was obliged,


(c) if it had been an employer in the industry or of the occupations covered by this award would

have been obliged

by a transitional minimum wage instrument and/or an award-based transitional instrument to pay aminimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

(a) a minimum wage for a junior employee, an employee to whom training arrangements applyand an employee with a disability;

(b) a piecework rate; and

(c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than theminimum wage in the relevant transitional minimum wage instrument and/or award-basedtransitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimumwage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for theclassification in this award plus the specified proportion of the transitional amount:

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annualwage review. If the transitional amount is equal to or less than any increase in minimum wagesresulting from the 2010 annual wage review the transitional amount is to be set off against theincrease and the other provisions of this clause will not apply.


A.4 Loadings and penalty rates

For the purposes of this schedule loading or penalty means a:

casual or part-time loading;Saturday, Sunday, public holiday, evening or other penalty;shift allowance/penalty.


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


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A.5 Loadings and penalty rates existing loading or penalty rate lower

A.5.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January2010:

(a) was obliged,

(b) but for the operation of an agreement-based transitional instrument would have been obliged,

or


by the terms of the transitional default casual loading or an award-based transitional instrument topay a particular loading or penalty lower than that in this award for any classification of employee.

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than thetransitional default casual loading or the loading or penalty in the relevant award-based transitionalinstrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred toas the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this awardminus the specified proportion of the transitional percentage:


A.6 Loadings and penalty rates existing loading or penalty rate higher

A.6.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January

2010:

(a) was obliged,



by the terms of an award-based transitional instrument to pay a particular loading or penalty

higher than that in this award for any classification of employee.

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than theloading or penalty in the relevant award-based transitional instrument.


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


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A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred toas the transitional percentage.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this awardplus the specified proportion of the transitional percentage:


A.7 Loadings and penalty rates no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 inrelation to a particular loading or penalty.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading orpenalty in this award.

A.7.3 From the following dates the employer must pay no less than the following percentage of the loadingor penalty:

These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B

Classifications, Skill Levels and Definitions

[Sched A renumbered as Sched B by PR988401]

B.1 Technical services stream

B.1.1 Level 1 Technical Employee

(a) Classification requirements

An employee at this level must be capable of performing:

routine mechanical/electro-mechanical/electronic assembly;


1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


1 July 2010 20%1 July 2011 40%

1 July 2012 60%

1 July 2013 80%


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is responsible for the quality assurance of the employees own work;works under direct supervision either individually or in a team environment;exercises discretion within the employees level and training;able to follow specific verbal/written instructions relating to assembly assignments;able to measure accurately;able to inspect products and/or materials for conformity with established operationalstandards; andoperates all lifting equipment incidental to the employees work.

(b) Duties

repetition work on automatic, semi-automatic or single purpose machines orequipment;assembles components using basic written, spoken and/or diagrammatic instructionsin an assembly environment;basic soldering or butt and spot welding; andmay be directed to perform other duties consistent with training and skill levelsrequired for this position.

B.1.2 Level 2 Technical Employee


An employee at this level must be capable of performing work above, beyond and includingthe requirements of a Level 1 Technical Employee:

is responsible for the quality assurance of the employees own work;works under routine supervision either individually or in a team environment;exercises discretion within the employees level of skills and training;follows specific verbal/written instructions relating to repair assignments; and

able to maintain records or reports in accordance with company procedures.

(b) Duties

receiving, dispatching, distributing, sorting, checking, packing, documenting andrecording of goods, materials and components other than repetitive packing in astandard container or containers in which goods are ordinarily packed;basic inventory control in the context of a production process;operation of mobile equipment including forklifts, hand trolleys, pallet trucks,overhead cranes and winches;routine maintenance of mechanical, electro-mechanical, or electronic business

equipment; andmay be directed to perform other duties consistent with training and skill levelsrequired for this position.

B.1.3 Level 3 Technician


An employee at this level must be capable of performing work above, beyond and includingthe requirements of a Level 2 Technical Employee:

able to perform basic technical duties in accordance with company procedures;is responsible for the quality assurance of the employees own work;works under routine supervision either individually or in a team environment;understands and applies quality control techniques;


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exercises good interpersonal and communication skills;exercises limited discretion within the scope of this grade;performs non-technical tasks incidental to the employees work;able to inspect products and/or materials for conformity with established operationalstandards;able to apply a logical approach to solving technical problems;able to maintain reports or records in accordance with company procedures;able to effectively communicate and to work with other technicians, technicalemployees and customers in technical service situations;able to work independently at a customer site as assigned; andable to perform technical duties in accordance with company procedures on basicequipment.

(b) Duties

applies routine diagnostic procedures;performs option checkout to ensure proper equipment performance to meet companystandards and customer expectations;resolves routine malfunctions where cause and correction are readily identifiable;

performs preventative maintenance and repair service on demand and/or to agreedschedules;renders technical support in conformity with the manufacturer's/ company proceduresand specifications;assists other employees by skill sharing and the provision of advice and assistance;reviews the performance of equipment being serviced;runs routine diagnostics on printed circuit boards; andmay be directed to perform other duties consistent with the training and skill levelsrequired for this position.



An employee at this level must be capable of performing work above, beyond and includingthe requirements of a Level 3 Technician:

performs technical service, support and installation of equipment;services and installs networks and maintains communication facilities;performs non technical tasks incidental to the employees work;able to work under routine supervision either individually or in a team environment;able to work independently at customer site as assigned;demonstrates and applies greater knowledge of the company's product;sufficient for diagnosis of complicated hardware production faults;able to exercise limited discretion in deviating from standard practice to solveproblems within area of experience;able to apply logical, methodical, analytical approach to isolate and solvecomplicated hardware problems; andable to effectively communicate and to work with other technicians, technicalemployees, managers and customers in technical support situations.

(b) Duties

installation or relocation of hardware;assists in the provision of on-the-job training;assists in the analysis and preparation of component failure impact plans; and


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may be directed to perform other duties consistent with training and skills levelsrequired for this position.



An employee at this level must be capable of performing work above, beyond and includingthe requirements of a Level 4 Technician:

applies specialised technical knowledge to problem solve difficult or complexsituations;able to exercise broad discretion in defining and solving technical problems wherealternative choices may be applicable within standard practice;able to perform varied technical duties involving the use of a wide range ofalternative procedures;capable of providing technical guidance and assistance as part of a work team;capable of assistance in the provision of training, in conjunction with other supportstaff;able to work under general supervision either individually or in a team environment;able to use system level diagnostics to isolate and correct problems; andable to apply verbal and written communication skills.

(b) Duties

handles more complex/critical equipment;operates diagnostic systems to debug and isolate problems; andmay be directed to perform other duties consistent with training and skills levelsrequired for this position.



An employee at this level must be capable of performing work above, beyond and includingthe requirements of a Level 5 Technician and consistent with this award:

demonstrates an ability to respond to issues such as complex, unusual, intermittent orundefined malfunctions;researches problems and recommends solutions;maintains contact with problem situations and assists until a satisfactory resolution is

achieved;summarises problem resolution and follow-up requirements for management.communicates final status to local management prior to leaving site;demonstrates an ability to review background of problems and performs on-sitetechnical activities;conducts technical product performance improvement projects;identifies procedures to improve service support delivery;exercises broad discretion in defining and solving technical problems which mayrequire the development of new alternative approaches;applies logical, methodical, analytical approaches to isolate and solve complex

problems;able to lead a small team;works under limited supervision; andable to handle the technical functions of all aspects of computer systems, networks


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and communications.

(b) Duties

provides assistance with installation planning;provides guidance to customers on component failure impact and problemdetermination procedures;provides guidance to employees engaged at lower levels;responsible for customer satisfaction and quality of service provided;

provides technical direction and guidance to customers;handles more complicated projects; andmay be directed to perform other duties consistent with training and skills levelsrequired for this position.

B.2 Clerical and Administration Stream

B.2.1 Clerical and Administration Employee Level 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; andperforms work within established routines, methods and procedures that arepredictable and which require the exercise of limited discretion.

(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; andfollow environmental work practices.

(c) Qualifications

An employee who holds a Certificate I in Business or equivalent would be classified at thislevel when employed to perform the functions in the Role definition and taking into accountthe Indicative tasks.


(a) Role definition


works under routine supervision with intermittent checking;applies knowledge and skills to a range of tasks; andusually performs work within established routines, methods and procedures, which


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involve the exercise of some discretion and minor decision making.



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; andparticipate in environmental work practices.

(c) Qualifications

An employee who holds a Certificate II in Business or equivalent would be classified at thislevel when employed to perform the functions in the Role definition and taking into accountthe Indicative tasks.


(a) Role definition


works under limited supervision with checking related to overall progress;may be responsible for the work of others and may be required to co-ordinate suchwork;applies knowledge with depth in some areas and a broad range of skills; andperforms work within routines, methods and procedures where some discretion andjudgment is required.



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;


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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; andsupport a workplace learning environment.

(c) Qualifications

An employee who holds a Certificate III in Business or equivalent would be classified at thislevel when employed to perform the functions in the Role definition and taking into accountthe Indicative tasks.


(a) Role definition


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 willusually be complex; andperforms work within routines, methods and procedures where discretion andjudgment is required for both self and others.



develop work priorities;establish business networks;develop teams and individuals;analyse and present research information;maintain business technology;co-ordinate business resources;report on financial activity;

promote products and services;co-ordinate implementation of customer service strategies;monitor a safe workplace;promote innovation and change;


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implement and monitor environmental policies;show leadership in the workplace;manage effective workplace relationships;lead work teams;implement operational plan;implement workplace informa

business equipment award 2010

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