pay and conditions guide ma000089 2014-01-01

Vehicle Manufacturing, Repair, Services and Retail Award 2010 [MA000089] 1

PAY AND CONDITIONS GUIDE

Vehicle Manufacturing, Repair, Services and Retail Award 2010[MA000089] ('modern award')

replacing terms and conditions in or derived from

Vehicle Industry - Repair, Services and Retail - Award 2002[AP824308] ('pre-modern award')

(ACT, NSW, QLD, SA, TAS, VIC)Effective from 01 January 2014.

Published 16 January 2014Background This guide was developed by the Fair Work Ombudsman to assist employers and employees covered by this modern award, pre-modern award and pay scales derived from this pre-modern award to identify minimum wages, penalties, loadings and allowances.

Transitional arrangementsModern awards commenced operation on 01 January 2010. However, minimum wage, loading and penalty entitlements commence from 01 July 2010. Almost all modern awards include provisions to transition employers and employees from their pre-modern award to the modern award system.

This modern award includes transitional provisions that provide for the phasing in of increases or decreases in minimum wages, penalties and loadings in the modern award in 5 increments over 4 years from 01 July 2010. All other terms and conditions in this modern award apply in full from 01 January 2010.

The rates in this guide are current from the first pay period on or after 01 July 2013.The rates set out in this guide will change from the first full period on or after 01 July each year to take account of Fair Work Australias annual wage review and transitional arrangements. The rates may also change as a result of a Fair Work Australia decision to vary the modern award or pay and condition entitlements of the modern award from time to time.

Transitional arrangements for Division 2B State awardsDivision 2B State awards (other than Division 2B enterprise awards) terminate at the end of 31 December 2010 and, from 1 January 2011, employers and employees are covered by the relevant modern award. However, most modern awards provide that all the terms of Division 2B State awards continue to apply until the end of the full pay period which started before 1 February 2011.

The employers affected include sole traders, partnerships, other unincorporated entities and non-trading corporations in New South Wales, Queensland, South Australia and Tasmania who are covered by a Division 2B State award.


From the first full pay period starting on or after 1 February 2011, an employer who was covered by a Division 2B State award, must comply with all of the terms and conditions contained in their relevant modern award, and any transitional arrangements that apply. Transitional arrangements in most modern awards for Division 2B State award employers provide that from the first full pay period starting on or after 1 February 2011, they must pay at least the same minimum wage rates, penalties and loadings as national system employers who are transitioning from the equivalent NAPSA There are some exceptions and special transitional arrangements that apply in certain situations. If you require help determining whether these exceptions or special transitional arrangements apply to you, please contact the Fair Work Infoline on 13 13 94.

Note: Modern awards are not intended to reduce an employees take-home pay. An employee or his/her union can apply to Fair Work Australia for a take-home pay order to remedy any reduction in his/her overall take-home pay.

Who should use the guide?Employees and employers who were entitled to terms and conditions in or derived from this pre-modern award and who are now covered by this modern award.

A guide that has an AP (Pre-reform award) code typically applies to employees employed by a constitutional corporation. Usually these are companies that engage in trading or financial activities. Private companies are often identified by the Pty Ltd in their name. It applies to employers in those categories who were bound by the award immediately prior to 01 January 2010.

A guide that has an AN (Notional agreement preserving State awards) code also typically applies to employees employed by a constitutional corporation. However, unlike pre-reform awards these are notional federal agreements that were created on 27 March 2006. Generally, they preserved the terms and conditions of employment (not including wage rates) in state awards and/or state legislation that applied immediately before 27 March 2006 to employees of constitutional corporations in NSW, QLD, SA, WA and TAS where State award/laws applied to those employers prior to 27 March 2006.

A guide that has an AT code typically applies to employees employed by non-constitutional corporations immediately before 27 March 2007 where the employer was bound by a Federal award. These will be sole traders, partnerships, other unincorporated entities or non-trading/financial corporations.

The guide contains information from this modern award about:who the modern award covers;wage rates, including rates for casual employees, junior employees, trainees and

apprentices;penalty rates for working at particular times or under particular arrangements;allowances; and other conditions of employment.

What if an agreement applies to employees covered by the modern award?Minimum wage entitlements in a modern award override lesser wage entitlements in an agreement or contract of employment at all times, including agreements and contracts that were made before the commencement of the Fair Work Act 2009. All employees covered by the modern award must not be paid less than the rate of pay in the modern award.


However, the penalty rates and allowances in the modern award do not apply to agreement-covered employees, unless the agreement is read in conjunction with the modern award (e.g. a pre-reform certified agreement (a type of collective agreement made before 27 March 2006)).

If you require assistance with any provisions of this guide please contact the Fair Work Infoline on 13 13 94.

CoverageThis award covers employers throughout Australia of employees engaged in vehicle manufacturing/industry repair, services and retail, as defined, to the exclusion of any other modern award and where the employers establishment, plant or undertaking is principally connected or concerned with:

- selling, distributing, dismantling, wrecking, restoring, recycling, preparing for sale, storage, repairing, maintaining, towing, servicing, and/or parking of motor vehicles of all kinds;- operations or allied businesses concerned with selling, distributing or supplying running requirements for vehicles;- selling, handling, retreading, storing/distribution, fitting or repairing of tyres;- repair and servicing of motor vehicles in the establishment of an employer not falling within the establishments above but who is engaged in the motor vehicle rental business;- manufacturing, assembling or repairing of carriages, carts, wagons, trucks, motor cars, bodies, motorcycles, railway cars, tram cars, side-cars or other vehicles or parts or components or accessories;- manufacturing, assembling, fabricating, installing, servicing, maintaining, reconditioning or repairing of engines or vehicle servicing equipment and agricultural machinery or implements or the like where such employer immediately prior to 31 December 2009 was bound by clause 1.5.4 (a) of the Vehicle Industry Award 2000;- any operation concerned with roadside/mobile service; or- driving school instruction.

For the purposes of coverage of this award:

- employees engaged in vehicle industry repair, services and retail means employees covered by the classifications within this instrument - Vehicle Industry RS&R Employees applies; and employees engaged in vehicle manufacturing means employees covered by the classifications at clause 45 and for whom Section 2 applies.

Exclusions

This award does not cover:

- employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees;- employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees;- an employer who, on 31 December 2009 was engaged in the manufacture and/or assembly of metal parts or accessories and was bound to observe the Metal, Engineering and Associated Industries Award 1998; or


- an employee in a car park where their undertaking does not provide repairs, service and/or servicing facilities of motor vehicles other than supplying petrol and oil.

Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which they normally perform the work.

This award covers any employer which supplies labour on an on-hire basis in the industry set out in this instrument in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry.

This award covers employers which provide group training services for apprentices/trainees engaged in the industry and those apprentices/trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed.

The award does not cover an employee excluded from award coverage by the Act.

WagesThis modern award includes transitional arrangements that apply to minimum wage entitlements from the first pay period on or after 01 July 2010 until the first pay period on or after 01 July 2014 (when modern award wages commence in full).

The following wage tables set out base rates of pay for classifications under the modern award.

It also sets out how the modern award classification matches up with pre-modern award classification. If there is no classification match the employee may be covered by another pre-modern award, or another modern award, such as a modern award that covers the employees occupation rather than the industry.

The base rates of pay in this guide include any applicable industry allowance. The base rates of pay also include any increase from Fair Work Australias annual wage review.For more information about transitional arrangements for minimum wage entitlements, please visit www.fairwork.gov.au

Casual employeesThe rates for casual employees set in the table below are minimum rates for ordinary hours only.

Please visit www.fairwork.gov.au for information about penalty entitlements for casual employees.

*Post 26 March 2006 employerWage rates for casual employees of employers that became part of the national system after 26 March 2006 do not include annual leave loading because those employees did not have a pre-modern award entitlement to annual leave loading.

AdultThe rates in this guide are current from the first pay period on or after 01 January 2014.


Full & Part Time

Modern award classification

Pre-modern award classification

Base rate of pay (hourly)

Vehicle industry RS&RLevel 1 - R1 Vehicle industry RS&R, Level

1$16.37

Level 2 - R2 Vehicle industry RS&R, Level 2

$16.85


$17.49


$18.09


$18.54

Tradesperson or equivalent level 1 - R6

Vehicle industry RS&R, Tradesperson or equivalent level I

$19.07

Tradesperson or equivalentLevel 2 - R7 (newclassification)

$20.86

Vehicle salesperson 6months experience


$19.07

Driver forklift, Lifting capacity up to & excess of 4500 kg

Driver, Forklift, All lifting capacities

$18.09

Driver mobile crane, Lift capacity up to 10 tonnes

Driver, Mobile crane, Up to 10 tonnes

$18.09

Driver mobile crane, Lift capacity in excess of 10 tonnes

Driver, Mobile crane, Over 10 tonnes

$18.09

Driver com. vehicle in business, Makers capacity to 3 tonnes

Driver, Commercial vehicle,






$20.47 (25%)


$22.62 (25%)

Vehicle salesperson 6months experience


$23.83 (25%)

Driver mobile crane, Lift capacity up to 10 tonnes

Driver, Mobile crane, Up to 10 tonnes

$22.62 (25%)

Driver mobile crane, Lift capacity in excess of 10 tonnes

Driver, Mobile crane, Over 10 tonnes

$22.62 (25%)

Driver com. vehicle in business, Makers capacity to 3 tonnes

Driver, Commercial vehicle,





Casual console operator, 20 years & over

Casual console operator (QLD), 20 years & over

$23.43

Casual roadhouse attendant, If engaged to primarily cook other than takeaway meals, 20 years & over

Casual roadhouse attendant, If engaged to primarily cook other than takeaway meals (QLD), 20 years & over

$23.43

Casual Driveway attendants, Roadhouse attendants and Console operatorsOther than in Queensland




Casual driveway attendant, 20 years & over

Casual driveway attendant (other than in QLD), 20 years & over

$21.57

Casual roadhouse attendant, 20 years & over

Casual roadhouse attendant (other than in QLD), 20 years & over

$22.20

Casual console operator, 20 years & over

Casual console operator (other than in QLD), 20 years & over

$23.73

Casual roadhouse attendant, If engaged to primarily cook other than takeaway meals, 20 years & over

Casual roadhouse attendant, If engaged to primarily cook other than takeaway meals (other than in QLD), 20 years & over

$23.73

Vehicle industry RS&R tradesperson or equivalent Level 2 - R7 is a new classification insertedinto the modern award with effect from 8 August 2013. As this classification was not presentin the award at 1 January 2010, the modern award rate applies in full. Penalties andloadings, including casual loading, apply in accordance with the model transitional provisions.

JuniorThe rates in this guide are current from the first pay period on or after 01 January 2014.

Full & Part TimeVehicle industry RS&R




Level 1, At 16 years of age and under

Group 1, 16 years or under $7.78

Level 1, At 17 years of age Group 1, 17 years $8.19Level 1, At 18 years of age Group 1, 18 years $10.23Level 1, At 19 years of age Group 1, 19 years $12.28Level 1, At 20 years of age Group 1, 20 years $14.33Level 4, At 16 years and under

Group 2, 16 years or under $8.60

Level 4, At 17 years of age Group 2, 17 years $9.05Level 4, At 18 years of age Group 2, 18 years $11.31





Level 4, At 19 years of age Group 2, 19 years $13.57Level 4, At 20 years of age Group 2, 20 years $15.83Drivers, Under 19 years of age

Junior drivers, Commercial vehicle and/or tow truck, Under 19 years of age

$11.68

Drivers, At 19 years of age Junior drivers, Commercial vehicle and/or tow truck, 19 years and under 20 years of age

$13.35

Drivers, At 20 years of age and over

Junior drivers, Commercial vehicle and/or tow truck, 20 years of age

$16.69

Casual (Excludes console operators, driveway attendants and roadhouse attendants)Vehicle industry RS&R




Level 1, At 16 years of age and under

Group 1, 16 years or under $9.72 (25%)

Level 1, At 17 years of age Group 1, 17 years $10.23 (25%)Level 1, At 18 years of age Group 1, 18 years $12.79 (25%)Level 1, At 19 years of age Group 1, 19 years $15.35 (25%)Level 1, At 20 years of age Group 1, 20 years $17.91 (25%)Level 4, At 16 years and under

Group 2, 16 years or under $10.74 (25%)

Level 4, At 17 years of age Group 2, 17 years $11.31 (25%)Level 4, At 18 years of age Group 2, 18 years $14.14 (25%)Level 4, At 19 years of age Group 2, 19 years $16.96 (25%)Level 4, At 20 years of age Group 2, 20 years $19.79 (25%)Drivers, Under 19 years of age

Junior drivers, Commercial vehicle and/or tow truck, Under 19 years of age

$14.60 (25%)

Drivers, At 19 years of age Junior drivers, Commercial vehicle and/or tow truck, 19 years and under 20 years of age

$16.69 (25%)

Drivers, At 20 years of age and over

Junior drivers, Commercial vehicle and/or tow truck, 20 years of age

$20.86 (25%)

Casual Driveway attendants, Roadhouse attendants and Console operatorsIn Queensland




Casual driveway attendant, 16 years & under

Casual driveway attendant (QLD), 16 years & over

$10.12

Casual driveway attendant, 17 years


$10.65







$13.31



$15.97

Casual roadhouse attendant, 16 years & under

Casual roadhouse attendant (QLD), 16 years & over

$10.41

Casual roadhouse attendant, 17 years


$10.96



$13.70



$16.44

Casual console operator, 16 years & under

Casual console operator(QLD), 16 years & over

$11.13

Casual console operator, 17 years


$11.72



$14.64



$17.58

Casual roadhouse attendant, If engaged to primarily cook other than takeaway meals, 16 years & under


$11.13

Casual roadhouse attendant, If engaged to primarily cook other than takeaway meals, 17 years


$11.72



$14.64



$17.58

Casual Driveway attendants, Roadhouse attendants and Console operatorsOther than in Queensland




Casual driveway attendant, 16 years & under

Casual driveway Attendant (other than in QLD), 16 years & over

$10.25



$10.79



$13.48







$16.18

Casual roadhouse attendant, 16 years & under


$10.55



$11.10



$13.88



$16.65

Casual console operator, 16 years & under


$11.27



$11.87



$14.83



$17.80

Casual roadhouse attendant, If engaged to primarily cook other than takeaway meals, 16 years & under


$11.27



$11.87



$14.83



$17.80

ApprenticeThe rates in this guide are current from the first pay period on or after 01 January 2014.


Full TimeVehicle industry RS&R




Apprenticeship starting before 1/1/2014, Stage 1 or 1st year

Apprentice or probationer, 1st year

$8.01

Apprenticeship starting before 1/1/2014, Stage 2 or 2nd year

Apprentice or probationer, 2nd year

$10.49

Stage 3 or 3rd year Apprentice or probationer, 3rd year

$14.30

Stage 4 or 4th year Apprentice or probationer, 4th year

$16.78

Starting apprenticeship on or after 1/1/2014, Work performed before ppc1/1/2015, Stage 1 or 1st year

Apprentice or probationer, 1st year

$8.96

Starting apprenticeship on or after 1/1/2014, Work performed before ppc1/1/2015, Stage 2 or 2nd year

Apprentice or probationer, 2nd year

$11.44

Adult apprenticeship starting before 1/1/2014, Level 1 or 1st year

Adult apprentice, 1st year $14.58

Adult apprenticeship , Level 2 or 2nd year

Adult apprentice, 2nd year $16.37

Adult apprenticeship, Level 3 or 3rd year

Adult apprentice, 3rd year $16.85

Adult apprenticeship , Level 4 or 4th year

Adult apprentice, 4th year $17.49

Adult apprenticeship , Thereafter

Adult apprentice, Thereafter $19.07

Adult apprenticeship starting on or after 1/1/2014, Level 1 or 1st year

Adult apprentice, 1st year $15.39

A person employed by an employer under this award in the vehicle industry immediately prior to entering into a training agreement as an adult apprentice with that employer, will not suffer a reduction in their rate of pay by virtue of entering into the training agreement.

Please note: This modern award contains special provisions for school based apprentices; these rates are not set out in this guide. For information about transitional rates for these employees please visit www.fairwork.gov.au and/or contact the Fair Work Infoline on 13 13 94.

TraineeThis modern award incorporates trainee rates derived from the National Training Wage Schedule (NTW Sch.), as adjusted from time to time.


Supported WagePlease refer to clause Schedule D of the modern award.

For detail of the supported wage provisions see the full version of the modern award.

Penalties and Loadings (other than casual or part-time loadings for ordinary hours)Where an employee had an entitlement to a loading/penalty rate before 01 January 2010 that is exactly the same as the modern award loading/penalty entitlement the modern award loading/penalty applies in full from 01 January 2010.

Transitional arrangementsThis modern award includes transitional arrangements that apply to loading/penaltyentitlements where there is a difference in modern award and pre-modern award loading/penalty entitlements. Transitional arrangements apply from the first pay period on or after 01 July 2010 until the first pay period on or after 01 July 2014 (when modern award loadings/penalties apply in full).

Different arrangements apply depending on whether the entitlements are equivalent or not.A pre-modern award loading/penalty will be equivalent to a modern award entitlement

where the loading/penalty applies: for the same purpose (e.g. Saturday penalty); for the same time periods; and in the same way#.

#A pre-modern award and modern award loading/penalty applies in the same way if the entitlements are both: paid at the same frequency, such as per hour or per shift; and paid as a percentage of the same amount (e.g. both penalties are paid

as a percentage of the employees classification rate, rather than as a percentage of a different amount or paid as a flat dollar amount).

Casual loadings and penalties also need to interact with each other in the same way in the pre-modern award and modern award to be equivalent (e.g. the loading and penalty rate are calculated on the base hourly rate in both instruments).

Equivalent entitlementsIf the pre-modern award loading/penalty rate is equivalent to the modern award loading/penalty rate the penalty rate is calculated as follows:

1. The difference between the two loading/penalty rates is referred to as a transitional percentage. The transitional percentage stays the same every year.

2. A proportion of the transitional percentage is calculated each year as follows:

First full pay period on or after Proportion of transitional percentage01 July 2010 80%01 July 2011 60%01 July 2012 40%01 July 2013 20%01 July 2014 0%


3. Where the modern award loading/penalty is higher, the penalty rate is obtained by subtracting the proportion of the transitional percentage.

Example:The table below shows the percentage penalty rates that apply from the first full pay period on or after 01 July 2010 until the last full pay period before 01 July 2011 for common penalty rates.

Please note the below table is a guide only and can only be used when the entitlements are equivalent and the modern award penalty is higher.

1/01/2010 1/07/2014 1/07/2010Pre-modern award

penaltyModern award penalty Penalty rate (phased)

25% 50% 30%50% 75% 55%50% 100% 60%75% 100% 80%

4. Where the modern award loading/penalty is lower, the penalty rate is obtained by addingthe proportion of the transitional percentage.


Please note the below table is a guide only and can only be used when the entitlements are equivalent and the modern award penalty is lower.

1/01/2010 1/07/2014 1/07/2010Pre-modern award penalty Modern award penalty Penalty rate (phased)

50% 25% 45%75% 50% 70%100% 50% 90%100% 75% 95%

Entitlements that are not equivalentIf pre-modern award and modern award penalty rates are not equivalent, the following approach applies:

1. Loadings/penalty rates from a modern award are phased in from zero in five instalmentsof 20% by multiplying the penalty rate by the following percentage:

First full pay period on or after Percent of modern award loading/penalty01 July 2010 20%01 July 2011 40%01 July 2012 60%01 July 2013 80%01 July 2014 100%


2. Pre-modern award loadings/penalty rates are phased out to zero in five instalments of 20% by multiplying the penalty rate by the following percentage:

First full pay period on or after Percent of pre-modern award loading/penalty01 July 2010 80%01 July 2011 60%01 July 2012 40%01 July 2013 20%01 July 2014 0%

Please note that a pre-modern award penalty rate can be phased out at the same time that a modern award penalty is phasing in (i.e. where different entitlements apply in the same time period). This means that two different rates may apply for the same time period.


Please note the below table is a guide only and can only be used when the entitlements are not equivalent.

1/01/2014 1/07/2010 1/01/2010 1/07/2010Modern award

penaltyPenalty rate

(phased)Pre-modern

award penalty Penalty rate

(phased)(20.00%) (80.00%)

10.00% 2.00% 10.00% 8.00%20.00% 4.00% 20.00% 16.00%25.00% 5.00% 25.00% 20.00%50.00% 10.00% 50.00% 40.00%75.00% 15.00% 75.00% 60.00%100.00% 20.00% 100.00% 80.00%120.00% 24.00% 120.00% 96.00%125.00% 25.00% 125.00% 100.00%130.00% 26.00% 130.00% 104.00%150.00% 30.00% 150.00% 120.00%

New entitlementsWhere an employee did not have a particular loading/penalty entitlement before 01 January 2010, the modern award loading/penalty is phased in from zero as a new entitlement from the first pay period on or after 01 July 2010 by multiplying the penalty rate by the following percentage:

First full pay period on or after Percent of modern award loading/penalty01 July 2010 20%01 July 2011 40%01 July 2012 60%01 July 2013 80%01 July 2014 100%

Example:


The table below shows the percentage penalty rates that apply from the first full pay period on or after 01 July 2010 until the last full pay period before 01 July 2011 for common penalty rates.

Please note the below table is a guide only and can only be used when the entitlements in the modern award are new.

1/07/2014 1/07/2010Modern award penalty Penalty rate (phased)

25% 5%50% 10%75% 15%100% 20%

For more information about transitional arrangements for loading/penalty entitlements please visit www.fairwork.gov.au and/or contact the Fair Work Infoline on 13 13 94 for advice and assistance.


AllowancesWhere 2 or more disabilities for which special rates (allowances) as prescribed by clause 19 occur at the same time, such rates will accumulate except as to combinations of dirty work, handling garbage and livestock transport in which case the highest rate will be payable.Allowances in modern awards apply in full from 01 January 2010 (although the rates may change from time to time).

All states covered by this instrumentFull Time, Part Time, Casual

Clause Allowance Type Description Effective Date

Rate

19.2 Leading hand allowance

Section 1 & 2 in charge of 3-10 employees 1/07/2013 $0.8275 per hour.

This weekly allowance has been converted to an hourly amount. It should be applied to all ordinary hours of work (up to a maximum of 38 hours per week). (4.34%)


Section 1 & 2 in charge of 11-20 employees 1/07/2013 $1.2469 per hour.




Rate


Section 1 & 2 in charge of 21+ employees 1/07/2013 $1.5844 per hour.

This weekly allowancehas been converted to an hourly amount. It should be applied to all ordinary hours of work (up to a maximum of 38 hours per week). (8.31%)

19.3 Inspectors allowance

Section 1 & 2 Inspectors Allowance inspectors will receive this amount in excess of the wage payable to the employee whose work they are required to inspect

1/07/2013 $0.7779 per hour.


19.4(a) Tool allowance Section 1Tradespersons employed in any of the vehicle industry RS&Rclassifications who provide their own hand tools

1/07/2010 $0.2995 per hour.

This weekly allowance has been converted to an hourly amount. It should be applied to all ordinary hours of work (up to a maximum of 38 hours per week).



Rate

19.4(b) Tool allowance Section 2Tradesperson required by his/her employer to provide his/her own hand tools and employed in any of the vehicle industry classifications in Section 2 - Vehicle manufacturing employees

1/07/2010 $0.3871 per hour.


19.4(f) Carpenters Section 1 & 2 carpenter engaged on large structural alterations to buildings, whether external or internal

1/07/2013 $0.2383 per hour (1.25%)

19.4(f)(ii) Tool allowance Section 1 & 2 Carpenters' tool allowance 1/07/2010 $0.3955 per hour.


19.5 Meal allowance Where 1.5 hours of overtime is worked without being notified the day before. This does not apply where a meal supplied, to employees living in the same locality who can return home for a meal, to overtime worked on a Sunday or public holiday (unless ordinary hours are worked on the day) to Section 4 employees and to vehicle sales related duties.

1/07/2013 $12.6600 per meal



Rate

If an employee has provided a meal and works less than the amount of overtime advised they will still receive the allowance.

19.6(b) Vehicle allowance An employee (other than a full-time or part-time vehicle salesman) required to use their motor vehicle on the employers business

1/07/2013 $0.7600 per kilometre

19.8(b)(i) Meal allowance Section 1 & 2 an employee required to stay away from home overnight during travel will be reimbursed for expenses. Expenses means: reasonable fares and expenses incurred whilst travelling (including a meal allowance) and reasonable costs for board and lodging.

1/07/2013 $12.6600 per meal

19.9 First aid allowance Where qualified and appointed to perform first aid duties, excludes Section 4 employees

1/07/2013 $0.3813 per hour.


19.10 Handling money allowance

Section 1 & 2 driver handling up to $20 1/07/2013 $0.0386 per hour.

This weekly allowance has been converted toan hourly amount. It should be applied to all ordinary hours of work (up to a maximum of 38



Rate

hours per week). (0.20%)


Section 1 & 2 driver handling over $20 but not exceeding $200 1/07/2013 $0.0705 per hour.



Section 1 & 2 driver handling over $200 but not exceeding $600 1/07/2013 $0.1337 per hour.



Section 1 & 2 driver handling over $600 but not exceeding $1000

1/07/2013 $0.1695 per hour.

This weekly allowance has been converted to an hourly amount. It should be applied to all



Rate

ordinary hours of work (up to a maximum of 38 hours per week). (0.89%)


Section 1 & 2 driver handling over $1000 1/07/2013 $0.2398 per hour.

This weekly allowancehas been converted to an hourly amount. It should be applied to all ordinary hours of work (up to a maximum of 38 hours per week). (1.26%)

19.11 Confined spaces allowance

Section 1 & 2 work in a confined space, i.e. a compartment, space or place which necessitates the employee working in a stooped or cramped position or without proper ventilation. Confined space will include work inside tanks or tanker type vehicles, but will not apply to other work on vehicles.

1/07/2013 $0.7035 per hour (3.69%)

19.12 Dirty work allowance

Section 1 & 2 work which the foreperson agrees is of an unusually dirty or offensive nature. The minimum payment on any day or shift will be 11.20% of the hourly standard rate.

Where there is disagreement the employee or a shop steward can ask the industrial officer, employer or executive officer responsible for a decision on the claim. A decision must be provided within 48 hours (unless that time expires on a non-working day) or else the allowance will be paid.

1/07/2013 $0.5453 per hour (2.86%)



Rate

19.13 Hot work allowance Section 1 & 2 work in temperature raised by artificial means to between 46 and 54 degrees Celsius

1/07/2013 $0.5453 per hour (2.86%)

19.13 Hot work allowance Section 1 & 2 work in temperature exceeding 54 degrees Celsius

1/07/2013 $0.7035 per hour (3.69%)

19.14 Wet work allowance Section 1 & 2 work where an employee is not supplied with protective clothing and their boots or clothing become saturated by water, oil or otherwise. Payment will continue for the time the employee is required to work in the wet clothing or boots.

1/07/2013 $0.4881 per hour (2.56%)

19.15 Glass or slag wool Section 1 & 2 handling loose slag wool, loose insulwool or other similar loose material used for insulation from heat, cold or noise

1/07/2013 $0.7035 per hour (3.69%)

19.16 Handling garbage Section 1 & 2 drivers and their assistants on a vehicle handling garbage

1/07/2013 $0.5453 per hour (2.86%)

19.17 Livestock transport Section 1 & 2 work on the underside or body of the stock compartment of a vehicle which has been regularly used in the carriage of livestock and which has not been cleaned immediately before service

1/07/2013 $0.5453 per hour (2.86%)

19.18 Slicking with carbon black and hand spraying tyres

Section 1 & 2 Employees principally employed to fit tyres and/or in tyre repairing and retreading processes who work in slicking and carbon black based slick, or employees who work in hand spraying motor and/or motorcycle tyres or earthmover tyres or tractor tyres or truck tyres or actually working on acid vats

1/07/2013 $0.8179 per day (4.29%)



Rate

19.19 Height allowance Section 1 & 2 employees other than riggers and splicers, engaged in the erection, repair and/or maintenance of steel frame buildings and similar structures at a height of above 15 metres directly above the nearest horizontal plane

1/07/2013 $0.4214 per hour (2.21%)

19.20 Large tyre fittingoffsite

Section 1 & 2 when fitting earthmover, grader, truck or tractor tyres away from the employer's place of business

1/07/2013 $0.8065 per day (4.23%)

19.21 Boiler house employees

Section 1 & 2 work in a boiler house inside the gas or water space of any boiler, flue or economiser in cleaning or scraping work. The allowance will not apply where, by agreement acceptable overalls are supplied.

1/07/2013 $1.1020 per hour (5.78%)

19.22 Electric generators or dynamos

Section 1 & 2 boiler attendant or fireperson to an electric generator or dynamo exceeding 10 kilowatt capacity

1/07/2013 $0.7645 per hour.


19.23 Dual lift allowance Section 1 & 2Where 2 or more fork - lifts or cranes are engaged in any 1 lift the drivers will be paid 0.29% of the weekly standard rate for each day. (0.29% x 38hpw)

1/07/2013 $2.1011 per day (11.02%)

19.24 Foundry allowance Section 1 & 2 where performing foundry work* The allowance will not apply for work performed in a foundry after production

1/07/2013 $0.4309 per hour (2.26%)



Rate

has ceased for more than 8 hours. The foundry allowance will be payable instead of any other disability allowance.

33.5 Driver - additional payments

Section 1 - driver of commercial vehicle used in the course of the employer's business for each complete tonne over 8 tonnes

1/07/2013 $0.0362 per hour.



Section 1 - driver of a commercial vehicle used in the course of the employer's business driving a motor vehicle drawing an empty trailer

1/07/2013 $1.7846 per day (9.36%)


Section 1 - driver of a commercial vehicle used in the course of the employer's business driving a motor vehicle drawing a loaded trailer

1/07/2013 $3.2259 per day (16.92%)


Section 1 - driver of articulated vehicle for each additional tonne over 10 tonnes

1/07/2013 $0.0343 per hour.




Rate


Section 1 - driver of tow truck 1/07/2013 $0.4805 per hour.


44.7 Meal allowance Vehicle Salespersons: - on duty at a show/exhibition over the evening meal or midday meal on a public holiday, or - required to work in a showroom/car yard more than 2 hours after 6.00 pm, where not notified on the previous day and no meal provided.

1/07/2013 $15.0300 per meal

44.8(e) Vehicle allowance Vehicle salesperson using their own vehicle on casual basis in the course of their duties and by agreement with their employer will be reimbursed

1/07/2013 $0.7600 per kilometre

60.1 Allowances for the application of technical computing equipment

Section 3 where required to use technical computing equipment** to perform work of a complex nature, such as: - the application of new concepts in field work, including 3 dimensional projections - development of specialised programs for technical computing applications - system development, including the evaluation of existing and alternative systems ancillary software and/or hardware, or

1/07/2013 $0.9857 per hour.

This weekly allowance has been converted to an hourly amount. It should be applied to all ordinary hours of work (up to a maximum of 38



Rate

- the provision of training on the system for users, including the development and evaluation of self learn and/or teaching methods or software packages. This is not payable for routine or repetitive functions, or where the system is used merely as an aid.

hours per week). (5.17%)

61.4 Meal allowance Section 3 when entitled to a crib break for overtime work, including overtime on a public holiday if the employee is rostered to work ordinary hours on the day. Where an employee is provided a meal where there are adequate cooking and dining facilities the allowance will not apply.

1/07/2013 $11.6800 per meal

56.3(b) Meal allowance Section 2 & 3Reasonable expenses incurred whilst travelling including an allowance for each meal taken. Note: variation, clause was previously 55.9(b).

1/07/2013 $11.6800 per meal

60.3(a)(iv) Meal allowance Section 3In the case of air economy travel, an allowance will be paid for each meal period that occurs during the duration of the travel, provided that the employee did not receive a meal in flight for each period concerned. Note: variation, clause was previously 59.3(iv)

1/07/2013 $10.6700 per meal

Full Time, Part Time


Rate

19.4(c) Tool allowance Section 1 1st year apprentice who provides their own tools 1/07/2010 $0.1271 per hour.

This weekly allowance has been converted to



Rate

an hourly amount. It should be applied to all ordinary hours of work (up to a maximum of 38 hours per week).

19.4(c) Tool allowance Section 1 2nd year apprentice who provides their own tools 1/07/2010 $0.1639 per hour.


19.4(c) Tool allowance Section 1 3rd year apprentice who provides their own tools 1/07/2010 $0.2261 per hour.


19.4(c) Tool allowance Section 1 4th year apprentice who provides their own tools 1/07/2010 $0.2626 per hour.

This weekly allowance has been converted to an hourly amount. It



Rate

should be applied to all ordinary hours of work (up to a maximum of 38 hours per week).

19.4(d) Tool allowance Section 2 1st year apprentice who provides their own tools 1/07/2010 $0.1639 per hour.


19.4(d) Tool allowance Section 2 2nd year apprentice who provides their own tools 1/07/2010 $0.2118 per hour.


19.4(d) Tool allowance Section 2 3rd year apprentice who provides their own tools 1/07/2010 $0.2911 per hour.

This weekly allowance has been converted to an hourly amount. It should be applied to all



Rate

ordinary hours of work (up to a maximum of 38 hours per week).

19.4(d) Tool allowance Section 2 4th year apprentice who provides their own tools 1/07/2010 $0.3418 per hour.


44.8(b)(i) Vehicle allowance Vehicle Salesperson using their own vehicle - up to and including 20hp - overhead cost allowance. The allowance is not payable: when a vehicle salesperson is absent from duty without consent, in excess of 3 consecutive weeks when the vehicle is unavailable due to accident or mechanical default, or in excess of a total of 3 complete weeks in any 1 year due to personal illness or incapacity of the salesperson (absences of less than 1 week will not be included).

1/07/2013 $169.3300 per week.

44.8(b)(i) Vehicle allowance Vehicle Salesperson using their own vehicle - up to and including 20hp. The distance travelled to and from where the vehicle is customarily housed is included.

1/01/2010 $0.1900 per kilometre

44.8(b)(ii) Vehicle allowance Vehicle Salesperson using their own vehicle - over 20hp - overhead costs allowance. The allowance is not payable: when a vehicle salesperson is absent from duty without consent, in excess of 3 consecutive weeks when the vehicle is unavailable due to accident or mechanical default, or in excess of a total of

1/07/2013 $188.1700 per week.



Rate

3 complete weeks in any 1 year due to personal illness or incapacity of the salesperson (absences of less than 1 week will not be included).

44.8(b)(ii) Vehicle allowance Vehicle Salesperson using their own vehicle - over 20hp. The distance travelled to and from where the vehicle is customarily housed is included.

1/01/2010 $0.2200 per kilometre

* Foundry work means: any operation in the production of casting metal in moulds made of sand, loam, metal, moulding composition or other material or mixture of materials, or by shell moulding, centrifugal casting or continuous casting, and where carried on as an incidental process in connection with and in the course of production to which this definition applies, the preparation of moulds and cores (but not in the making of patterns and dies in a separate room), and knock out processes, but will not include any operation performed in connection with:

- non-ferrous die-casting (including gravity and pressure) - casting of billets and/or ingots in metal moulds - continuous casting of metal into billets - melting of metal for use in printing, and - refining of metal.

** Technical computing equipment means: computer hardware, (including personal computers, micro computers, mini computers or mainframe computers) using software and/or engineering applications (including design, engineering, planning or data base programs) which are used for drafting, planning, quality control, machine programming, NC programming and engineering analysis.


Other ConditionsThe following conditions in the modern award apply in full from 1 January 2010. Please note that the below table is a summary of commonly applicable entitlements in the modern award, there may be other entitlements in the modern award that are relevant to particular employers or employees. Please refer to the modern award for full details.

Note: The National Employment Standards (NES) operate together with modern awards to provide minimum conditions of employment for employers and employees in the national system. The NES sets out ten minimum statutory entitlements that apply to all employees, including leave and termination of employment entitlements.

For more information about the NES, please visit www.fairwork.gov.au

All states covered by this instrument

Clause Conditions Type Description7 Award flexibility

(Instrument)An employer and an individual employee may agree to vary the following terms of this award to meet the genuine needs of the employer and the individual employee with respect to:

- arrangements for when work is performed - overtime rates - penalty rates - allowances - leave loading.

Other conditions concerning award flexibility are contained within the Fair Work Act 2009.

8 Consultation(Instrument)

The award contains information on the employer's responsibility to consult regarding major workplace change including the:

- duty to notify, and - duty to discuss change.

9 Dispute resolution(Instrument)

The award sets out a dispute resolution procedure for dealing with disputes in relation to a matter under the award or the National Employment Standards (NES).

12 Part-time conditions These provisions do not apply to vehicle salespeople.


Clause Conditions Type Description(Instrument)

A part-time employee:

- works less than 38 hours per week - has reasonably predictable hours - receives full-time pay and conditions on a pro rata basis

At the time of engagement the employer and employee will agree in writing:

- on the hours worked each day - on the days of the week they will work - on starting and finishing times - that any variation must be recorded in writing and made before the variation occurs - that all time worked in excess of the agreed hours is paid as overtime, and - on the times and duration of meal breaks.

The agreement and any variation to it must be retained by the employer and a copy given to the employee. No part-time employee may be employed on more than 5 days per week other than at the request in writing of the employee concerned.

A part-time employee will receive annual leave, public holidays, personal/carers leave, and jury service on a proportionate basis calculated on the normal, ordinary hours they would have worked.

13 Casual conditions(Instrument)

On engagement a casual must be informed they are employed as a casual and told who they are employed by, their classification level, rate of pay and the likely number of hours required. An employee must not be engaged and re-engaged to avoid any award obligations.

Casual conversion

The award allows casual employees with 6 months service to convert to full-time or part-time employment, where certain conditions are met. Full details can be located in the award.

14 Junior conditions(Instrument)

Juniors

Unapprenticed juniors may not be employed in any of the following situations:


Clause Conditions Type Description

- An unapprenticed junior employee (other than a probationer for apprenticeship) will not be employed in any apprenticeship trade listed in Federal, State or Territory training legislation, however minors other than apprentices or probationers for apprenticeship may be employed in all aspects of the work of automotive parts interpreters - an employee under 16 will not be employed on oil or gas burners or fires used for heating of small articles, or using electric arc or oxy acetylene blow pipe - an employee under 18 will work as a furnace person, assistant furnace person, operator of a power-driven guillotine or on die-setting work on a power press - an employee under 18 will not work unsupervised between 7.00 pm and 9.00 pm and must not be employed between 9.00 pm and 6.30 am - no employee under 16 will be required or permitted to work on afternoon or night shift.

Proof of age

Where an employer reasonably suspects an employee is under 21, the employee will provide satisfactory proof of age such as: a birth certificate, or statutory declaration by a parent or guardian. The employer will be entitled to rely upon such proof.

15 Apprentice conditions(Instrument)

The following will be the apprenticeship trades for the purposes of the award:

- Automotive electrician - Automotive engine reconditioner- Automotive parts interpreter (specialist) - Boilermaker and/or structural steel tradesperson - Bodymaker - 1st class and/or wheelmaker and wheel-right in wood and/or metal and/or substitutes - Brake mechanic - (in NSW and SA only) - Electrical fitter and/or armature winder (auto) - Electrical mechanic - Electroplater - 1st class - Fitter and/or turner - Machinist (metal) - 1st class - Moulder and/or coremaker (jobbing) - Motor mechanic - Painter - tradesperson


Clause Conditions Type Description- Plant mechanic (NSW only) - Smith, including coachsmith, springmaker and spring fitter, wheelwright smith and general smith - Panel beater - Trimmer - tradesperson - Welder - tradesperson - Wood machinist - 1st class

Training Fees

An apprentice taking classes at a technical college or school for the purpose of their apprenticeship will, subject to presenting reports of satisfactory conduct, be reimbursed by the employer for all fees paid by the apprentice.

17.2 Termination of employment - notice of termination by an employee(Instrument)

The notice of termination required to be given by an employee is the same as an employer except there is no requirement to give additional notice based on age. If an employee fails to give the required notice the employer may withhold from any monies due on termination, the difference between the amount of notice required and the amount of notice actually given.

17.3 Termination of employment - job search entitlement(Instrument)

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

18.2 Redundancy - transfer to lower paid duties(Instrument)

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. Alternatively, the employer may choose to pay the employee the difference between the former ordinary time rate of pay and the new ordinary time rate of pay for the number of weeks of notice still owing.

18.3 Redundancy - employee leaving during notice period(Instrument)

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

18.4 Redundancy - job search entitlement(Instrument)

An employee given notice of termination in circumstances of redundancy must be allowed up to one days time off without loss of pay during each week of notice for the purpose of seeking other employment.


Clause Conditions Type DescriptionIf the employee has been allowed paid leave for more than one day, the employee must, by request, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

18.5 Redundancy - transitional provisions(Instrument)

An employee is entitled to redundancy pay in accordance with the NAPSA that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement - based transitional instrument or enterprise agreement had applied to the employee, and that would have entitled the employee to redundancy pay in excess of the employees entitlement under the NES. This includes employees engaged after 1 January 2010.

The entitlement to redundancy pay under the NAPSA is limited to the amount which exceeds the entitlement under the NES.

This clause does not reduce an employees entitlement to redundancy pay under any other instrument and ceases to operate on 31 December 2014.

19.6 Travelling time(Instrument)

This section does not apply to an employee principally performing vehicle sales related duties or employees covered under Section 4.

Where an employee is required to perform ordinary work away from a location where they work, they will:

- if required to work normal hours be paid for extra time spent when travelling - if travelling in business time, do so without loss of wages - if using their own transport with the employer's approval, for travelling to or from outside jobs or venues, be paid the amount of excess fares they would have incurred using public transport unless there is an arrangement for a regular allowance, and - if required to use their own vehicle on the employer's business will be paid a vehicle allowance.

The maximum travelling time to be paid will be 12 hours out of any 24 hour period, or when sleeping berth is provided by the employer for all night travel, 8 hours out of every 24 hours.

19.7 Transfer of employee(Instrument)

An employee:

- engaged in one locality to work in another, or


Clause Conditions Type Description- sent other than at their own request from their usual locality to another for employment which can reasonably be regarded as permanent, involving a change of residence

will be paid travelling time whilst necessarily travelling between such localities and expenses for a period not exceeding 3 months. Payment of expenses will cease after the employee has taken up permanent residence or found alternative accommodation at the new location.

19.13 Hot work(Instrument)

Where an employee works more than 2 hours in temperatures exceeding 54 degrees Celsius, they will be entitled to 20 minutes' rest without deduction of pay after every 2 hours work. The temperature will be decided by the foreperson after consultation with the employee who makes the claim.

20 District allowance(Instrument)

An employee in the Northern Territory or Western Australia is entitled to payment of a district allowance in accordance with the provisions of an award or NAPSA under the Workplace Relations Act 1996 that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement - based transitional instrument or enterprise agreement had applied to the employee, and that would have entitled the employee to payment of a district allowance.

This clause ceases to operate on 31 December 2014.

22 Accident pay(Instrument)

An employee is entitled to accident pay in accordance with the terms of:

-a NAPSA that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at that time been in their current circumstances of employment and no agreement - based transitional instrument or enterprise agreement had applied to the employee, and

- that would have entitled the employee to accident pay in excess of the employees entitlement to accident pay, if any, under any other instrument.

The employees entitlement to accident pay under the NAPSA or award is limited to the amount of accident pay which exceeds the employees entitlement to accident pay, if any, under any other instrument.


Clause Conditions Type DescriptionThis clause does not reduce an employees entitlement to accident pay under any other instrument and ceases to operate on 31 December 2014.

23.1 Tools(Instrument)

This section applies only to persons employed to fit tyres and/or a person employed in tyre retreadingprocesses.

Where employees are required to use tools in the performance of their work, the employer will reimburse them for purchasing such tools. Employees will be paid a tool allowance where required to supply and maintain tools of trade necessary to perform their duties. Where tools are supplied the tool allowance will not be payable.

An employer may require an employee to sign a receipt for any tools issued to them. An employee who has been provided by the employer with facilities to lock up tools at the end of each shift will be held responsible for the safe custody of the tools issued and will replace or pay for any tools provided if lost through their negligence.

23.1(f) Clothing, footwear and/or equipment(Instrument)

This section applies only to persons employed to fit tyres and/or persons employed in tyre retreadingprocesses (as defined).

Where an employee works on acid vats or reclaiming or washing raw rubber or in wet places the employer will reimburse them for purchasing an apron or overalls and rubber or other suitable boots, unless protective clothing is supplied.

23.2 Tools(Instrument)

These provisions do not apply to an employee covered under Section 3 or Section 4 of the award, or employees engaged in tyre fitting and/or retreading processes.

Tradespersons or apprentices will be paid a tool allowance where they are required to supply and maintain tools necessary to perform their duties.

Notwithstanding the above where employees are required, in the performance of their work, to use tools as set out below they must be reimbursed for purchasing:

- all necessary power tools, special purpose tools, precision measuring instruments and snips used in the cutting of stainless steel and similar hard metals, and/or


Clause Conditions Type Description- for wood workers and vycemen, when required, bench, bench vyce, cramps above 100 millimetres, files (including saw files) rasps, hand drills, hacksaw frames and blades, bits and parallel shank drills up to 6.3 millimetres and snips.

Tradespersons or their apprentices will replace or pay for any tools supplied by their employer if lost through their negligence.

23.3 Clothing, footwear and/or equipment(Instrument)

Damage to clothing and tools

These provisions apply only to employees covered by Section 1 and Section 2.

The employer must reimburse an employee for replacing their tools or work clothing where they are required to use their own tools or wear their own work clothing in the course of employment, and the tools are damaged or destroyed by fire or molten metal or through the use of corrosive substances.

This will not apply where the employee uses tools that are not ordinarily required to perform their duties, or where the clothing and tools are supplied by the employer.


Gloves

These provisions apply only to employees covered by Section 1 and Section 2.

An employee will be reimbursed for purchasing suitable canvas or leather gloves where they are required to use gloves in the performance of their duties. Reimbursement will apply to operating a pneumatic percussion tool used for chiselling, hammering or riveting or where due to the material or tackle being used it is necessary for slingers to wear leather gloves.

This will not apply where the gloves are supplied at the employers expense, where this occurs the gloves will remain the employer's property.


Goggles

These provisions do not apply to employees covered by Section 3.


Clause Conditions Type DescriptionThe employer will reimburse the employee for purchasing goggles where they are required to wear mica or other goggles when using an emery wheel or rotary wire brushes.

This will not apply where protective equipment is fitted to a machine or where goggles are supplied by the employer. Where goggles are supplied they will remain the employer's property.


Protective clothing

These provisions apply to employees covered by Section 1 and Section 2.

An employee will be reimbursed for purchasing protective clothing such as boots, rubber aprons and rubber boots where required to wear adequate protective clothing when: - working with acids or other substances of a like nature - engaged in wet rubbing - when working in the rain - when working in a car laundry or washing bay, or - when working in steam cleaning or proof coating operations.

Where suitable protective clothing is supplied the clothing will remain the employer's property and reimbursement is not necessary.


Protective equipment - welding

An employee will be reimbursed for purchasing protective equipment when they are either required to wear suitable, sufficient and adequate protection when performing welding operations and, where necessary, for employees working in close proximity.

This does not apply where the protective equipment is supplied at the employer's expense. Where protective equipment is supplied it will remain the employer's property.


Uniforms

These provisions only apply to employees covered by Section 1 and Section 2.


Clause Conditions Type DescriptionAn employee required to wear a uniform as a condition of employment, must be reimbursed for purchasing and cleaning the uniform.

This does not apply where the uniform is supplied and cleaned free of cost, where this occurs the uniform will remain the employer's property.

24 Method of payment(Instrument)

An employee who works up to 38 ordinary hours per week, will be paid according to the actual hours worked. An employee who works up to an average of 38 ordinary hours each week during a work cycle, will be paid weekly, fortnightly or monthly according to a weekly average of ordinary hours (even though more or less than 38 may be worked).

An established payday and/or pay period will not be changed with less than 4 weeks notice. Wages will be paid in the employers time not later than Thursday in any pay cycle. Where a public holiday falls on the Thursday or Friday, wages will be paid not later than Wednesday if possible.

Where wages are paid after 1.30 pm on payday the employer will not keep more pay in hand than has accrued to an employee for the work performed by them on the payday and the preceding day. Where wages are paid before 1.30 pm on payday the employer will not keep more pay in hand than has accrued to an employee for the work performed by them on the payday and the 2 preceding days.

On or before payday an employer will provide in writing a payslip to each employee.

Payment of wages on termination

On termination, the employer will pay wages due to an employee:

- on the day of termination - by forwarding wages to the employee on the next working day, or - on a stated day at the employer's place of business, no later than 7 days after termination. If the employee is required to collect wages from the place of business then, the employer will pay an additional 4 hours pay.

Except where an employee abandons the employment or the employment is terminated without notice for serious and wilful misconduct the employer will pay the wages due to the employee within two business days (not including a Saturday, Sunday or public holiday) of the termination.



An employer may deduct from monies due an amount which is authorised in writing by the employee for a lawful purpose specified in the authority.

Absences from duty

An employee failing to attend for duty will not be paid for the time of non-attendance except where an absence from work without loss of pay permitted by this award.

Make-up time

An employee may elect, with their employer's consent, to work make-up time, where they take time off during ordinary hours and work those hours at a later time, at the rate applicable to the hours taken off.

24.7 Stand down(Instrument)

Make-up time after stand-down

In a stand-down situation, an employer and employee(s) may agree to work make-up time, up to the number of hours of work lost due to the stand-down, at the rate which would have applied to the hours lost. The make-up time must be worked within 7 days of the end of the stand-down or during the stand-down if the hours are worked by agreement outside normal times.

The hours of work may be worked at such time as is agreed despite any other provisions of this award.

No employee may be required to agree to work make-up time and, in the absence of agreement the usual overtime and penalty rates will apply.

Where an employee attends work but due to a stand-down, no work is provided they will receive 2 hours pay. Where an employee starts work they will be entitled to be provided with 4 hours employment or be paid for 4 hours work.

25 Superannuation(Instrument)

The award contains information on:

- the employers responsibility to make superannuation contributions to a superannuation fund - the ability for an employee to authorise their employer to pay on their behalf contributions to a

superannuation fund


Clause Conditions Type Description- the employers responsibility to make superannuation contributions to another superannuation fund that

is chosen by the employee.

26 Breaks - meal(Instrument)

These provisions do not apply to persons principally employed to perform vehicle sales related duties, console operators, employees on continuous shiftwork or employees covered by section 4.

Meal breaks without pay will be between 30 and 60 minutes. An employee will not work more than 5 hours without a meal break. Where the employer and a majority of employees in an establishment agree 6 hours may be worked without a break, this will then apply to all employees in the establishment.

Where appropriate the timing of a scheduled meal break or rest break may be reasonably changed to meet operational requirements.

In addition to a meal break, an employer may provide to an employee either a morning or afternoon tea break not exceeding 15 minutes.

Where a break is unpaid it must not exceed 15 minutes duration. Where both a morning and an afternoon tea break is provided on the same day or shift at least one of such breaks must be paid.

26.8 Breaks - rest(Instrument)

Rest breaks - for vehicle manufacturing employees only

Where rostered breaks are available such breaks may be staggered for particular work sections within one hour of the break being scheduled.

27 Crib break(Instrument)

These provisions do not apply to an employee covered by Section 4 or to overtime on a Sunday or public holiday unless the employee is rostered to work ordinary hours on that day.

An employee required to work overtime for more than 1.5 hours after working ordinary hours will be allowed a 20 minute crib break before starting overtime, paid at ordinary rates.

An employee required to work overtime will be allowed a 20 minute crib break without deduction of pay after each 4 hours of overtime worked where work continues after the break.

A day worker working overtime on a Saturday will be paid at ordinary rates for the first crib break if it occurs between 10.00 am and 1.00 pm.



An employer and employee may agree to vary this section to meet the circumstances of the work in hand provided that the employer will not be required to pay for any time allowed in excess of 20 minutes.

28 Overtime - other(Instrument)

Minimum payment for overtime on a Sunday or a public holiday

These provisions do not apply to employees covered under section 4, or where overtime or work commenced on the previous day or was completed on the following day.

An employee required to work overtime on a Sunday or a public holiday in connection with maintaining the continuity of electric light or power will be paid for a minimum of one hour at the appropriate rate in addition to the time reasonably occupied in getting to and from work which will be counted as time worked except where the work occupies more than two hours.

For work other than that referred to in this clause and in call-back (breakdowns etc.), an employee required to work overtime on a Sunday or a public holiday will be afforded at least four hours work or paid for four hours at the appropriate rate. This will not apply where work is continuous with overtime or work commenced on the previous day or completed on the following day.

28.3 Overtime time off in lieu(Instrument)

These provisions will not apply to persons principally employed to perform vehicle sales related duties, casual employees, employees working at fuel retailing establishments or employees covered by Section 4.

Time off instead of payment for overtime may apply where there is agreement between an employee and employer. Time off instead of payment must be taken when mutually convenient within 4 weeks of the overtime being worked. By agreement an employee may bank up to 8 hours of time off to be taken within 8 weeks of the overtime being worked. Any agreement made should be recorded in writing and kept with the employees wage records and for file. Any hours banked and cleared must be recorded.

Time off instead of payment for overtime must equate to the overtime rate: if the employee works 1 hour of overtime and elects to claim time off, the time off would be equal to time and a half. Where employment is terminated, the employee resigns or the entitlement has not been taken, the entitlement will be paid out at the rate at which it was accrued.

28.6 Break between work periods

These provisions will not apply to an employee covered by Section 4.


Clause Conditions Type Description(Instrument) When overtime work, is necessary, it will wherever reasonably practicable be arranged so that an

employee works no more than 14 hours and has at least 10 consecutive hours off duty in each 24 consecutive hours.

Subject to the call-back provisions, on completion of a period of work an employee is required to have 10 consecutive hours off duty from their ordinary working time without loss of pay until recommencing work.

An employee who resumes/continues work without having had 10 consecutive hours off, once released from duty will be entitled to be absent for 10 consecutive hours without loss of pay for any ordinary working time occurring during this absence.

28.7 Call-back(Instrument)

Standing by

These provisions do not apply to an employee covered under Section 4 or an employee in a garage and/or an employee engaged as the driver of a tow and/or repair vehicle and/or to the assistant to such a driver.

Where an employee is required regularly to hold themselves in readiness for a call-back outside ordinary hours they will be paid standing by time at their ordinary time rate of pay from the time they are required to hold themselves in readiness for a call-back.

Call-back (general)

An employee recalled to work overtime after leaving the business premises (whether notified before or after leaving) will be paid for a minimum of 3 hours at the appropriate rate for each time recalled. Except in unforeseen circumstances, the employee will not be required to work the full 3 hours if the work is completed within a shorter period.

This will not apply where:

- it is customary for an employee to return to the premises for periods not exceeding 30 minutes to perform a specific job outside ordinary hours, in this case the employee will be paid for a minimum of 1 hours' work at the appropriate rate for each recall, or - where the overtime is continuous (subject to a reasonable meal break) with the commencement of ordinary working time.


Clause Conditions Type DescriptionWhere the actual time worked is less than 3 hours on a recall or each recalls, the overtime worked will not be regarded as overtime for the purposes of the 10 hour break between shifts.

28.9 Call-back(Instrument)

Call-back (breakdowns etc.)

An employee performing call-back work will make and tender on their next ordinary working day a record of work performed showing starting and finishing times.

Where the actual time worked is less than 3 hours for a call-back or on each call-back, the time worked will not be regarded as overtime for the purposes of the 10 hour break between shifts.

28.10 Transport of employees(Instrument)

This provision does not apply to employees covered by section 4.

Where an employee normally uses public transport and is required to commence/conclude overtime or shiftwork between 8.30 pm and 6.00 am and public transport is not available, the employer will provide them with a conveyance to/from their residence or pay their current wage for the time reasonably occupied in travelling to/from the residence.

This entitlement will also apply to work on Sundays and public holidays for employees covered by Section 3 (excluding continuous shift workers).

29 Annual leave(Instrument)

Payment for period of leave

Instead of the base rate of pay referred to in the Fair Work Act 2009, before going on annual leave an employee must be paid the wages they would have received for the ordinary hours they would have worked had they not been on leave.

Employees who would have worked on day work only had they not been on leave shall receive a 17.5% loading.

Employees who would have worked on shiftwork had they not been on leave shall receive a 17.5% loading or the shift loading, whichever is the greater but not both.


Clause Conditions Type DescriptionThe wages must be what would have been paid for working ordinary hours during the period of annual leave, including: allowances, loadings and penalties paid for all purposes of the award, first aid allowance and any other wages payable under the employees contract of employment including over award payments.

The employee is not entitled to payments for overtime, special rates or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.

Untaken leave on termination

An employee who has outstanding/untaken annual leave due when the employment contract ends must be paid the amount that would have been payable to the employee. Payment of either leave loading or the higher shift loading payment instead of leave loading prescribed (above) will not apply to the pay out of untaken leave.

29.4 Annual leave - excessive leave(Instrument)

Notwithstanding the Fair Work Act 2009, if an employer has genuinely tried to reach agreement with an employee to take annual leave, the employer can require the employee to take annual leave by giving at least 4 weeks notice of when leave is to be taken if:

- at the time of the direction, they have 8 weeks or more annual leave accrued, and - the amount of annual leave they are directed to take is no more than a quarter of the leave accrued.

29.6 Annual leave - paid leave in advance of accrued entitlement(Instrument)

An employer may allow an employee to take annual leave in advance of it accruing. The employee will then not receive any annual leave credits until the period of service is sufficient to cover the annual leave provided in advance.

Monies may be deducted on termination where annual leave has been granted in advance, and the employee leaves or is discharged from the service of the employer with a negative accrual.

29.9 Annual leave - close-down(Instrument)

Where an employer closes down a plant, or a section thereof, to allow annual leave to all or the bulk of the employees in the workplace or section concerned, the following will apply.

- An employer may stand off all employees for during a close-down by giving them at least 4 weeks notice. The employer may allow those who do not have enough annual leave for the total close-down period to take the amount of annual leave accrued at the commencem

pay and conditions guide ma000089 2014-01-01

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