MA000009  PR716643
FAIR WORK COMMISSION

DETERMINATION


Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards
(AM2019/17)

HOSPITALITY INDUSTRY (GENERAL) AWARD 2010
[MA000009]

Hospitality industry

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT CLANCY
COMMISSIONER BISSETT

MELBOURNE, 20 MAY 2020

4 yearly review of modern awards – Hospitality Industry (General) Award 2010 – modern award varied and renamed.

A. Further to the decisions [[2020] FWCFB 690], [[2020] FWCFB 1541] and [[2020] FWCFB 1814] issued by the Full Bench of the Fair Work Commission on 14 February 2020, 23 March 2020 and 27 April 2020 respectively, the Hospitality Industry (General) Award 2010 is varied as follows:

1. By deleting all clauses, schedules and appendices.

2. By inserting the clauses and schedules attached.

B. This determination comes into operation from 29 May 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect until the start of the first full pay period that starts on or after 29 May 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Hospitality Industry (General) Award 2020

Table of Contents

Part 1— Application and Operation of this Award 3
1. Title and commencement 3
2. Definitions 3
3. The National Employment Standards and this award 6
4. Coverage 7
5. Individual flexibility arrangements 9
6. Requests for flexible working arrangements 10
7. Facilitative provisions 11
Part 2— Types of Employment and Classifications 12
8. Types of employment 12
9. Full-time employees 12
10. Part-time employees 13
11. Casual employees 15
12. Apprentices 16
13. Junior employees 19
14. Classifications 20
Part 3— Hours of Work 20
15. Ordinary hours of work and rostering arrangements 20
16. Breaks 23
Part 4— Wages and Allowances 26
17. Work organisation 26
18. Minimum rates 26
19. Apprentice rates 30
20. Supported wage system 35
21. National training wage 35
22. Higher duties 36
23. Payment of wages 36
24. Annualised salary arrangements 37
25. Salaries absorption (Managerial Staff (Hotels)) 38
26. Allowances 39
27. Superannuation 44
Part 5— Overtime and Penalty Rates 45
28. Overtime 45
29. Penalty rates 49
Part 6— Leave and Public Holidays 51
30. Annual leave 51
31. Personal/carer’s leave and compassionate leave 55
32. Parental leave and related entitlements 55
33. Community service leave 55
34. Unpaid family and domestic violence leave 56
35. Public holidays 56
Part 7— Industry Specific Provisions 57
36. Deductions for breakages or cashiering underings 57
37. Deductions for provision of employee accommodation and meals 57
Part 8— Consultation and Dispute Resolution 60
38. Consultation about major workplace change 60
39. Consultation about changes to rosters or hours of work 61
40. Dispute resolution 61
Part 9— Termination of Employment and Redundancy 62
41. Termination of employment 62
42. Redundancy 63
Schedule A —Classification Structure and Definitions 65
Schedule B —Summary of Hourly Rates of Pay 79
Schedule C —Summary of Monetary Allowances 108
Schedule D —School-based Apprentices 114
Schedule E — Supported Wage System 115
Schedule F —Agreement for Time Off Instead of Payment for Overtime 118
Schedule G —Agreement to Take Annual Leave in Advance 119
Schedule H —Agreement to Cash Out Annual Leave 120
Schedule I —Part-day Public Holidays 121
Schedule J —Award Flexibility During the COVID-19 Pandemic 122
Schedule X —Additional Measures During the COVID-19 Pandemic 124

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This is the Hospitality Industry (General) Award 2020.

1.2 This modern award, as varied, commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right, privilege, obligation or liability that a person acquired, accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award:

(a) has completed an appropriate training program that meets the training and assessment requirements of a qualification or one or more appropriate units of competency forming part of a training package; or

(b) has been assessed by a qualified skills assessor as having skills at least equivalent to those attained in an appropriate training program; or

(c) as at 30 June 2010, had been doing the work of a particular classification for a period of at least 3 months.

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

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

3.3 The employer must ensure that copies of this award and of the NES are available to all employees to whom they apply, either on a notice board conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This industry award covers, to the exclusion of any other modern award:

(a) employers in the hospitality industry throughout Australia; and

(b) employees (with a classification defined in Schedule A—Classification Structure and Definitions) of employers mentioned in clause 4.1(a).

4.2 For the purposes of clause 4.1, hospitality industry includes:

(a) hotels; and

(b) motor inns and motels; and

(c) boarding establishments; and

(d) condominiums or similar establishments; and

(e) health or recreational farms; and

(f) private hotels, guest houses or serviced apartments; and

(g) caravan parks; and

(h) ski lodges; and

(i) holiday flats or units, ranches or farms; and

(j) hostels or any other type of residential or tourist accommodation; and

(k) wine saloons, wine bars or taverns; and

(l) liquor booths; and

(m) resorts; and

(n) caterers; and

(o) restaurants operating in, or in connection with, premises owned or operated by employers otherwise covered by this award; and

(p) casinos; and

(q) function areas or convention or similar facilities operating in, or in connection with, premises mentioned in clauses 4.2(a) to 4.2(p).

4.3 This industry award also covers:

(a) on-hire employees working in the hospitality industry (with a classification defined in Schedule A—Classification Structure and Definitions) and the on-hire employers of those employees; and

(b) apprentices or trainees engaged or employed by a group training employer and hosted by an employer covered by this award to work in the hospitality industry (with a classification defined in Schedule A—Classification Structure and Definitions) and the group training employers of those apprentices or trainees.

4.4 However, this industry award does not cover any of the following:

(a) employees excluded from award coverage by the Act; or

(b) employees covered by a modern enterprise award or an enterprise instrument or their employers; or

(c) employees covered by a State reference public sector modern award or a State reference public sector transitional award or their employers; or

(d) employers in the following industries or their employees:

4.5 If an employer is covered by more than one award, an employee of that employer is covered by the award containing the classification that is most appropriate to the work performed by the employee and the industry in which they work.

5. Individual flexibility arrangements

5.1 Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal; and

(b) if the employer is aware that the employee has, or should reasonably be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

(a) state the names of the employer and the employee; and

(b) identify the award term, or award terms, the application of which is to be varied; and

(c) set out how the application of the award term, or each award term, is varied; and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made; and

(e) state the date the agreement is to start.

5.7 An agreement must be:

(a) in writing; and

(b) signed by the employer and the employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b), an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree, without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

(a) at any time, by written agreement between the employer and the employee; or

(b) by the employer or employee giving 13 weeks’ written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to, and does not affect, any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

6.2 Responding to the request

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made; and

(c) any reasonable business grounds for refusing the request.

6.3 What the written response must include if the employer refuses the request

(a) Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

(b) The written response under section 65(4) must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.

(c) If the employer and employee could not agree on a change in working arrangements under clause 6.2, then the written response under section 65(4) must:

6.4 What the written response must include if a different change in working arrangements is agreed

6.5 Dispute resolution

7. Facilitative provisions

7.1 This award contains facilitative provisions which allow agreement between an employer and an individual employee, or the majority of employees, on how specific award provisions are to apply at the workplace.

7.2 The following clauses have facilitative provisions:

Clause

Provision

Agreement between an employer and:

15.3(b) & 15.3(c)

Catering in remote locations

the majority of employees

15.4(a)

Make-up time (introduction of system of make-up time)

the majority of employees

15.4(b)

Make-up time (agreement to take make-up time)

an individual employee

23.1

Weekly or fortnightly pay periods

an individual employee

23.2

Payment of wages

the majority of employees

28.5

Time off instead of payment for overtime

an individual employee

29.4(d)

Additional provisions for work on public holidays

an individual employee

30.9

Annual leave in advance

an individual employee

30.10

Cashing out of annual leave

an individual employee

35.2

Substitution of public holidays by agreement

an individual employee

7.3 The agreement must be kept by the employer as a time and wages record.

Part 2—Types of Employment and Classifications

8. Types of employment

8.1 An employee covered by this award must be one of the following:

(a) a full-time employee; or

(b) a part-time employee; or

(c) a casual employee.

8.2 At the time of engaging an employee, the employer must inform the employee of the terms of their engagement, including whether they are engaged as a full-time, part-time or casual employee.

9. Full-time employees

An employee who is engaged to work an average of 38 ordinary hours per week is a full-time employee.

NOTE: Clause 15.1 sets out work arrangement options for working the required average of 38 ordinary hours per week.

10. Part-time employees

10.1 Classifications

10.2 Definition of part-time employee

(a) is engaged to work at least 8 and fewer than 38 ordinary hours per week (or, if the employer operates a roster, an average of at least 8 and fewer than 38 hours per week over the roster cycle); and

(b) has reasonably predictable hours of work.

10.3 A part-time employee is entitled, on a proportionate basis, to the same pay and conditions as those of full-time employees who do the same kind of work.

10.4 Setting guaranteed hours and availability

(a) the number of hours of work which is guaranteed to be provided and paid to the employee each week or, where the employer operates a roster, the number of hours of work which is guaranteed to be provided and paid to the employee over the roster cycle (the guaranteed hours); and

(b) the days of the week on which, and the hours on those days during which, the employee is available to work the guaranteed hours (the employee’s availability).

10.5 Any change to a part-time employee’s guaranteed hours may only be made with the written consent of the employee.

10.6 Rostering

10.7 However, a part-time employee:

(a) must not be rostered to work any hours outside the employee’s availability; and

(b) must have 2 days off each week.

10.8 Increasing guaranteed hours to match regular work pattern

10.9 If the employer agrees to a request under clause 10.8, then the employer and the part-time employee must vary the agreement made under clause 10.4 to reflect the employee’s new guaranteed hours. The variation must be recorded in writing before it occurs.

10.10 The employer may only refuse a request under clause 10.8 on reasonable business grounds. The employer must notify the part-time employee in writing of a refusal and the grounds for it.

10.11 Change in employee’s circumstances that changes their availability

10.12 If the employer cannot reasonably accommodate the alteration to the part-time employee’s availability under clause 10.11, then (regardless of clause 10.5):

(a) the part-time employee’s guaranteed hours agreed under clause 10.4 cease to apply; and

(b) the employer and the part-time employee must agree a new set of guaranteed hours under clause 10.4.

10.13 Payment rates

(a) An employer must pay a part-time employee for ordinary hours worked in accordance with clause 18—Minimum rates.

(b) An employer must pay a part-time employee at the rates prescribed in clause 28.4—Overtime rate for all time worked in excess of:

10.14 Pre 1 January 2018 agreed pattern of work

11. Casual employees

11.1 An employee is a casual employee if they are engaged as a casual employee.

11.2 An employer must pay a casual employee for each hour worked a loading of 25% in addition to the ordinary hourly rate.

11.3 A casual employee must be engaged to work:

(a) a maximum of 12 hours per day or per shift; or

(b) a maximum of 38 hours per week or, if the casual employee works in accordance with a roster, an average of 38 hours per week over the roster cycle (which may not exceed 4 weeks).

11.4 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.

11.5 An employer must pay a casual employee at the rates prescribed in clause 28.4—Overtime rate for all time worked in excess of the hours prescribed in clause 11.3.

11.6 An employer must pay a casual employee at the end of each engagement unless the employer and the employee have agreed that the pay period of the employee is either weekly or fortnightly.

11.7 Conversion to full-time or part-time employment

(a) This clause only applies to a regular casual employee.

(b) A regular casual employee means a casual employee who is employed by an employer on a regular and systematic basis for several periods of employment or on a regular and systematic basis for an ongoing period of employment during a period of at least 12 months.

(c) A regular casual employee who has been engaged by a particular employer for at least 12 months may elect (subject to the provisions of this clause) to have their contract of employment converted to full-time or part-time employment.

(d) An employee who has worked at the rate of an average of 38 or more hours a week in the period of 12 months casual employment may elect to have their employment converted to full-time employment.

(e) An employee who has worked at the rate of an average of less than 38 hours a week in the period of 12 months casual employment may elect to have their employment converted to part-time employment.

(f) Where a casual employee seeks to convert to full-time or part-time employment, the employer may consent to or refuse the election, but only on reasonable grounds. In considering a request, the employer may have regard to any of the following factors:

(g) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause, the employer and employee must discuss and agree upon:

(h) The date from which the conversion will take effect is the commencement of the next pay cycle following such agreement being reached unless otherwise agreed.

(i) Once a casual employee has converted to full-time or part-time employment, the employee may only revert to casual employment with the written agreement of the employer.

(j) An employee must not be engaged and/or re-engaged (which includes a refusal to re-engage) to avoid any obligation under this award.

(k) Nothing in this clause obliges a casual employee to convert to full-time or part-time employment, nor permits an employer to require a casual employee to so convert.

(l) Nothing in this clause requires the employer to convert the employment of a regular casual employee to full-time or part-time employment if the employee has not worked for 12 months or more in a particular establishment or in a particular classification stream.

(m) Nothing in this clause requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

12. Apprentices

12.1 An employer may engage apprentices.

12.2 Any engagement must be in accordance with the law regulating apprenticeships in force in the place in which the apprentice is engaged.

12.3 This award applies to an apprentice in the same way that it applies to an employee except as otherwise expressly provided by this award.

12.4 An employer must pay an apprentice in accordance with clause 19—Apprentice rates.

12.5 An employer must not require an apprentice under the age of 18 to work overtime or shiftwork. However, an apprentice may agree to work overtime or shiftwork if requested to do so.

12.6 Except in an emergency, an employer must not require an apprentice to work overtime or shiftwork at any time that would prevent their attendance at training in accordance with their training agreement.

12.7 Training

(a) An employer must release an apprentice from work to attend training or any assessment in accordance with their training agreement without loss of pay or continuity of employment.

(b) Subject to Schedule D—School-based Apprentices, time spent by an apprentice in attending training or any assessment in accordance with their training agreement is to be regarded as time worked for the employer for the purpose of calculating the apprentice’s wages and determining the apprentice’s employment conditions.

(c) An employer must reimburse an apprentice for all fees paid by the apprentice themselves to a registered training organisation (RTO) for courses that the apprentice is required to attend, and all costs incurred by the apprentice in purchasing textbooks (not provided or otherwise made available by the employer) that the apprentice is required to study, for the purposes of the apprenticeship.

(d) The employer must make any reimbursement required under clause 12.7(c) by whichever of the following is the later:

(e) Reimbursement under clause 12.7(c) is subject to the employer being satisfied that the apprentice is making satisfactory progress in the apprenticeship.

12.8 Block release training

(a) Clause 12.8 applies to an apprentice who is required to attend block release training in accordance with their training agreement.

(b) If the training requires an overnight stay, the employer must pay for the reasonable travel costs incurred by the apprentice in travelling to and from the training.

(c) The employer is not obliged to pay costs under clause 12.8(b) if the apprentice could have attended training at a closer venue and attending the more distant training had not been agreed between the employer and the apprentice.

(d) Reasonable travel costs in clause 12.8(b) include:

(e) Reasonable costs in clause 12.8(b) do not include payment for travelling time or expenses incurred while not travelling to and from the block release training.

(f) The amount an employer must pay under clause 12.8(b) may be reduced by any amount that the apprentice has received, or was eligible to receive, for travel costs to attend block release training under a Government apprentice assistance scheme.

(g) The employer may only make a reduction under clause 12.8(f) for an amount that an apprentice was eligible to receive, but did not receive, if the employer advised the apprentice in writing of the availability of the assistance and the apprentice chose not to seek it.

12.9 Competency-based progression

(a) For the purpose of competency-based wage progression in clause 19—Apprentice rates an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:

(b) If the employer disagrees with the assessment of the RTO referred to in clause 12.9(a)(iii)(B) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

(c) For the purposes of this clause, the training package containing the qualification specified in the contract of training for the apprenticeship, sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of “competency” utilised for the purpose of the training packages and for the purpose of this clause is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(d) The apprentice will be paid the wage rate referred to in clause 12.9(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 12.9(a)(iii) or on a date as determined under the dispute resolution process in clause 12.9(b).

(e) If the apprentice disagrees with the assessment of the RTO referred to in clause 12.9(a), and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the apprentice may refer the matter to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

13. Junior employees

NOTE: Junior employee is defined in clause 2—Definitions.

13.1 An employer may engage junior employees.

13.2 An employer must pay a junior employee in accordance with 18.4—Junior rates.

13.3 An employer must not require an employee under 18 years of age to work more than 10 hours in a shift.

13.4 Where the law permits, junior employees may work in a bar or other place where liquor is sold or dispensed.

13.5 Junior employees working as liquor service employees must be paid as an adult in accordance with Table 3—Minimum rates at the classification rate for the work being performed.

13.6 An employer may at any time demand that a junior employee produce a birth certificate or other satisfactory proof of age. If the employer demands a birth certificate, the employer must pay the cost of obtaining the certificate.

14. Classifications

An employer must classify an employee covered by this award in accordance with Schedule A—Classification Structure and Definitions.

NOTE: The minimum rates applicable to the classifications in this award are in clause 18—Minimum rates.

Part 3—Hours of Work

15. Ordinary hours of work and rostering arrangements

15.1 Full-time employees

(a) The employer and a full-time employee must agree on the arrangement for working the average of 38 ordinary hours per week required for full-time employment.

(b) The average of 38 hours per week is to be worked in one of the following ways:

(c) The arrangement agreed must adopt one of the options mentioned in clause 15.1(b) and must satisfy the following conditions:

(d) In addition to the conditions set out in clause 15.1(c), an arrangement that adopts the option of working 152 hours per 4 week cycle with at least 8 days off as set out in clause 15.1(b)(vi) must satisfy the following conditions:

(e) In addition to the conditions set out under clause 15.1(c), where the agreed hours of work arrangement provides for 160 hours per 4 week period with an accrued day off, the arrangement will be subject to the following:

15.2 Part-time employees

(a) the minimum number of ordinary hours that may be worked on any day is 3 (excluding meal breaks); and

(b) the maximum number of ordinary hours that may be worked on any day is 11.5 (excluding meal breaks); and

(c) an employee who is rostered to work more than 10 ordinary hours on more than 3 consecutive days is entitled to a break of at least 48 hours after the last consecutive day on which the employee works more than 10 ordinary hours; and

(d) the maximum number of days on which an employee may work more than 10 ordinary hours in a 4 week cycle is 8; and

(e) the maximum spread of hours for an employee who works split shifts is 12.

15.3 Catering in remote locations

(a) Clause 15.3 applies to employers providing catering services to clients in remote locations and their employees.

(b) Despite clause 15.1, the employer and the majority of employees at a workplace may agree to schedule work over consecutive recurring cycles followed by consecutive non-working days.

(c) The employer and the majority of employees at the workplace may agree to vary a schedule of work underclause 15.3(b).

(d) The maximum number of ordinary hours that may be worked during a cycle must not exceed 40 multiplied by the number of working and non-working weeks in the cycle.

(e) An employer who rosters an employee to work any time in excess of the total number of ordinary hours in an agreed schedule of work under clause 15.3(b) must pay the employee at the overtime rate for any time worked in excess of that total number.

(f) An employer must pay an employee at the overtime rate for any time worked in excess of 8 hours per day.

(g) Wages may be paid according to the average number of hours per week in a roster cycle instead of the actual number of ordinary hours worked in any particular week of the cycle.

(h) An employee accrues days off as set out in clause 15.1(b)(vii).

(i) An employee is not entitled to payment for non-working days other than accrued rostered days off.

15.4 Make-up time

(a) The employer and the majority of employees at a workplace may agree to introduce an arrangement at the workplace under which an employee takes time off during the employee’s ordinary hours of work and makes up that time later.

(b) If an agreement under clause 15.4(a) has been made for a workplace, an employee may elect, with the consent of the employer, to take time off and make up that time later.

(c) An employee working make-up time is entitled to breaks in accordance with clause 16—Breaks.

(d) If make-up time is worked at a time when penalty rates are applicable under clause 29—Penalty rates, the employer must pay the employee in accordance with Table 14—Penalty rates for that time.

(e) The employer must keep a record of make-up time arrangements as a time and wages record.

15.5 Rosters (Full-time and part-time employees)

(a) The following rostering provisions apply to full-time and part-time employees.

(b) The employer must prepare a roster showing for each employee their name and the times at which they start and finish work.

(c) The employer must post the roster in a conspicuous place that is easily accessible by the employees.

(d) The roster of an employee may be changed at any time by the employer and employee by mutual agreement or by the employer giving the employee 7 days’ notice of the change.

(e) An employee must have a minimum break of 10 hours between when the employee finishes ordinary hours on one day and starts ordinary hours on the next and a minimum break of 8 hours for a changeover of rosters.

15.6 Alteration of rosters and notice of days off

(a) The roster may be altered by mutual consent at any time or by amendment of the roster on 7 days’ notice.

(b) Where practicable 2 weeks’ notice of rostered day or days off or of accrued day or days off should be given, provided that the days off may be changed by mutual consent or through sickness or other cause over which the employer has no control.

16. Breaks

16.1 Clause 16 deals with meal breaks and rest breaks and gives an employee an entitlement to them in specified circumstances.

16.2 Frequency of breaks

Column 1
Hours worked per shift

Column 2
Breaks

More than 5 hours and up to 6

Elective unpaid meal break of up to 30 minutes in accordance with clause 16.4—Request for unpaid meal break.

More than 6 hours and up to 8

An unpaid meal break of no less than 30 minutes (to be taken after the first 2 hours of work and within the first 6 hours of work).

More than 8 hours and up to 10

An unpaid meal break of no less than 30 minutes (to be taken after the first 2 hours of work and within the first 6 hours of work).
One 20 minute paid rest break (may be taken as two 10 minute paid rest breaks).

More than 10 hours

An unpaid meal break of no less than 30 minutes (to be taken after the first 2 hours of work and within the first 6 hours of work).
Two 20 minute paid rest breaks.

16.3 When the employer rosters an employee’s breaks, they must make all reasonable efforts to ensure that breaks are spread evenly across the employee’s shift.

16.4 Request for unpaid meal break

(a) An employee working a shift of more than 5 and up to 6 hours who elects to take an unpaid meal break must request the break in writing no later than the start of their shift. The employer must not unreasonably refuse the employee’s request.

(b) A request under clause 16.4(a) applies to all shifts of more than 5 hours worked by that employee unless otherwise agreed between the employee and the employer.

(c) The arrangement may be reviewed at any time.

16.5 Employer to pay higher rate if break not allowed

(a) from 6 hours after the employee started work on that shift;

(b) until either the employee is given a break or the shift ends.

16.6 If an employee is not allowed to take an unpaid meal break in accordance with clause 16.2 during a shift of more than 6 hours, the employer must pay the employee 50% of the employee’s ordinary hourly rate extra from the end of 6 hours after starting work until either the employee is allowed to take the break or the shift ends.

EXAMPLE:
Mary is a full-time employee whose ordinary hourly rate is $20.00 an hour. She is working an 8 hour shift.
Under Table 2—Entitlements to meal and rest break(s), she is entitled to “an unpaid meal break of no less than 30 minutes (to be taken after the first 2 hours of work and within the first 6 hours of work)”.
If she has been working for 6 hours and has not been allowed a break, then she becomes entitled to be paid the higher rate under clauses 16.5 and 16.6.
If the shift is a normal mid-week shift on which Mary is paid her ordinary hourly rate of $20.00, then from when she has worked 6 hours until she is allowed to take a break or her shift ends, the employer is to pay her:

(a) her ordinary hourly rate of $20.00;

(b) plus 50% of her ordinary hourly rate, which is $10.00.

Mary is to be paid $30.00 an hour after she has worked for 6 hours until she is allowed to take a break or the shift ends.
If the shift is a Sunday shift on which Mary is paid 150% of her ordinary hourly rate of $20.00, then from when she has worked 6 hours until she is allowed to take a break or her shift ends, the employer is to pay her:

(a) her Sunday shift rate of $30.00 (being 150% of her ordinary hourly rate of $20.00);

(b) plus 50% of her ordinary hourly rate, which is $10.00.

Mary is to be paid $40.00 an hour after she has worked for 6 hours until she is allowed to take a break or the shift ends.

16.7 Additional rest break

(a) 5 continuous hours after an unpaid meal break; or

(b) 2 hours’ overtime after the employee finishes their rostered hours.

Part 4—Wages and Allowances

17. Work organisation

An employer may require an employee to perform duties across the different classification streams set out in Schedule A—Classification Structure and Definitions that they are competent to perform.

18. Minimum rates

18.1 Adult rates

(a) for a full-time employee, the minimum weekly rate specified in column 3; or

(b) for a part-time employee, the minimum hourly rate specified in column 4.

18.2 Managerial staff (Hotels)

18.3 Casino gaming classifications

(a) for a full-time employee, the minimum weekly rate specified in column 3; or

(b) for a part-time employee, the minimum hourly rate specified in column 4.

18.4 Junior rates

19. Apprentice rates

19.1 Junior apprentices—other than waiting apprenticeship

(a) An employer must pay an employee who has completed a full apprenticeship for which there is a trade qualified classification provided for in this award no less than the standard hourly rate for each hour worked.

(b) Except where clause 19.1(c) applies, an employer must pay an apprentice (other than an adult apprentice) in a trade other than the waiting trade for their ordinary hours of work not less than the percentage of the standard weekly rate divided by 38 for each hour worked, as specified in Table 7—Minimum rates for junior apprentices—other than waiting apprenticeship in accordance with the year of apprenticeship specified in column 1, as follows:

19.2 Junior apprentices—waiting apprenticeship

(a) An employer must pay an employee who has completed a full apprenticeship as a qualified tradesperson no less than the standard weekly rate divided by 38 for each hour worked.

(b) Except where clause 19.2(c) applies, employer must pay an apprentice (other than an adult apprentice) in the waiting trade for their ordinary hours of work not less than at the percentage of the standard weekly rate divided by 38 for each hour worked, as specified in of Table 8—Four year apprenticeship (nominal term) in accordance with the stages of the apprenticeship specified in column 1 as follows:

19.3 Proficiency payments—cooking trade

19.4 Proficiency payments—waiting trade

19.5 Adult apprentices

NOTE: Adult apprentice is defined in clause 2—Definitions.

(a) An employer must pay an adult apprentice who commenced on or after 1 January 2014 and is in the first year of their apprenticeship at not less than whichever of the following is the greater:

(b) An employer must pay an adult apprentice who commenced on or after 1 January 2014 and is in the second or a subsequent year of the apprenticeship at not less than whichever of the following is the greater:

(c) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum hourly rate by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part-time or regular and systematic casual employee immediately prior to commencing the apprenticeship.

(d) For the purposes only of fixing a minimum rate in clause 19.5(c), the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 18.1 or 18.3 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

20. Supported wage system

For employees who, because of the effects of a disability, are eligible for a supported wage, see Schedule E— Supported Wage System.

21. National training wage

21.1 Schedule E to the Miscellaneous Award 2010 sets out minimum wage rates and conditions for employees undertaking traineeships.

21.2 This award incorporates the terms of Schedule E to the Miscellaneous Award 2010 as at 1 July 2019. For that purpose, any reference to “this award” in Schedule E to the Miscellaneous Award 2010 is to be read as referring to the Hospitality Industry (General) Award 2020 and not the Miscellaneous Award 2010.

22. Higher duties

22.1 An employer must pay an employee (other than an employee within the Food and beverage attendants grade 2 or 3 classification level), who performs for 2 or more hours on any particular day duties of a classification higher than the employee’s ordinary classification, the minimum hourly rate specified in column 4 of Table 3—Minimum rates for that higher classification for the whole of that day.

22.2 An employer must pay an employee (other than an employee within the Food and beverage attendants grade 2 or 3 classification level), who performs for less than 2 hours on any particular day duties of a classification higher than the employee’s ordinary classification, the minimum hourly rate specified in column 4 of Table 3—Minimum rates for that higher classification for the time during which those duties were performed.

22.3 An employer may require an employee to temporarily perform the duties of a classification lower than the employee’s ordinary classification without loss of pay.

23. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

23.1 The employer and an individual employee may agree to a weekly or fortnightly pay period. However, the employer may determine that the pay period of an employee to whom clause 24—Annualised salary arrangements or clause 25—Salaries absorption (Managerial Staff (Hotels)) applies is monthly.

23.2 Except on termination of employment, wages may be paid on any day of the week other than a Friday, Saturday or Sunday. However, if the employer and the majority of employees at a workplace agree, wages may be paid on the Friday of a week during which there is a public holiday.

23.3 The employer and an individual employee may agree to wages being paid, without cost to the employee, by cash, cheque or electronic funds transfer into a bank account nominated by the employee. However, an employer may determine to pay an employee by cash.

23.4 An employee paid by cash or cheque who has to wait at the workplace to be paid for more than 15 minutes is entitled to be paid at the overtime rate for any time longer than 15 minutes spent so waiting.

23.5 An employee paid by cash or cheque who has a rostered day off or accrued day off on a pay day must be paid, at the employee’s election, before going off duty on their last day at work before their rostered day off or accrued day off.

23.6 Payment on termination of employment

(a) Subject to clause 23.6(b), the employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

(b) Where a casual employee is paid at the end of each engagement pursuant to clause 11.6 of this Award, and that employee’s employment is terminated, the employer must pay the employee their wages due under the award at the end of their last engagement.

(c) The requirement to pay wages and other amounts under clause 23.6(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

24. Annualised salary arrangements

24.1 Clause 24 applies to all employees other than casual employees and employees within the Managerial Staff (Hotels) classification level as defined by Schedule A—Classification Structure and Definitions.

24.2 An individual employee may agree with their employer to be paid an annualised salary. An agreement must be one that is genuinely made without coercion or duress.

24.3 An agreement must take account of the pattern of work in the part of the hospitality industry in which the employee works.

24.4 An annualised salary must be at least 125% of the minimum weekly rate that would otherwise be applicable under Table 3—Minimum rates over the year.

24.5 Unless the employer and the employee otherwise agree, an annualised salary satisfies the requirements of this award under clause 28—Overtime and clause 29—Penalty rates. However, by agreement between the employer and the employee, an annualised salary may satisfy this award in relation to other monetary entitlements provided for by this award.

24.6 An annualised salary must not result in an employee being paid less over a year (or, if the employee’s employment is terminated before a year is completed, over the period of that employment) than would have been the case if an annualised salary had not been agreed and the employee had instead been paid their weekly rate and any other amounts satisfied by the annualised salary.

24.7 An employee who has entered into an agreement under clause 24.2 must be rostered to have a minimum of 8 days off duty during each 4 week cycle of work.

24.8 An employee who has entered into an agreement under clause 24.2 and who is required to work on a public holiday is entitled to paid time off of equal length to the time worked on the public holiday.

24.9 The paid time off mentioned in clause 24.8 may be taken on another day agreed between the employee and the employer or added to the employee’s annual leave entitlement.

24.10 The employer must keep a record of hours worked each day by an employee who has entered into an agreement under clause 24.2 showing the date and the times at which the employee started and finished work that day.

24.11 A record mentioned in clause 24.10 must be countersigned weekly by the employee and kept at the place of employment for 7 years.

24.12 If an annualised salary paid to an employee has the result mentioned in clause 24.6 at the end of a year or period of employment, the employer must pay the employee the difference.

25. Salaries absorption (Managerial Staff (Hotels))

25.1 Clause 25 applies to all employees within the Managerial Staff (Hotels) classification level as defined by Schedule A—Classification Structure and Definitions who are paid a salary that is at least 125% of the minimum annual salary in clause 18.2—Managerial staff (Hotels).

25.2 An employee is not entitled to the benefit of the terms and conditions within the following clauses:

(a) Clause 10—Part-time employees;

(b) Clause 15—Ordinary hours of work and rostering arrangements

(c) Clause 16—Breaks;

(d) Clause 26—Allowances;

(e) Clause 28—Overtime;

(f) Clause 29—Penalty rates;

(g) Clause 30.3—Payment for annual leave loading;

(h) Clause 35.3—Additional public holiday arrangements for full-time employees;

(i) Clause 37—Deductions for provision of employee accommodation and meals.

25.3 An employee must be rostered to have a minimum of 8 days off duty during each 4 week cycle of work.

25.4 An employee who is required to work on a public holiday is entitled to paid time off of equal length to the time worked on the public holiday.

25.5 The paid time off mentioned in clause 25.4 must be taken within 28 days after the entitlement is accrued.

25.6 Despite the requirement to take time off within 28 days of accruing it in clause 25.5 an employee and an employer may agree to extend the period for taking the accrued time off to within 6 months of its accrual subject to the following:

(a) The agreement is recorded in writing and retained as an employee record;

(b) The accrued time off is taken at a time or times within the period of 6 months agreed by the employee and the employer;

(c) If the accrued time off is not taken within the period of 6 months, the employer must pay the employee for the accrued time off in the next pay period following those 6 months; and

(d) If, on the termination of the employee’s employment, accrued time off for working on a public holiday has not been taken, the employer must pay the employee for the accrued time off.

25.7 Any calculation required to be made under this award to determine hourly amounts payable to an employee must be made by reference to the weekly equivalent of the annual salary of the employee. The weekly equivalent is determined by dividing the annual salary by 52 and rounding the result to the nearest $0.10.

25.8 Subject to compliance with any reimbursement policy approved by the employer, the employer must reimburse an employee for any money reasonably spent by the employee for and on behalf of the employer.

26. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

26.1 Clause 26 gives employees an entitlement to monetary allowances of specified kinds in specified circumstances.

26.2 All-purpose allowances

(a) Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave.

(b) The fork-lift driver allowance in clause 26.3 and the airport supervisory allowance in clause 26.13 are paid for all purposes under this award.

26.3 Fork-lift driver allowance

(a) In addition to the minimum hourly rate set out in clause 18.1, an employer must pay an employee who is engaged to drive a fork-lift an all-purpose allowance of $0.34 per hour.

(b) In addition to the minimum hourly rate set out in clause 18.1, a part-time or casual fork-lift driver who was employed immediately prior to 23 January 2020 must be paid an additional allowance of $2.59 per day up to a maximum of $12.94 per week.

(c) A part-time or casual employee in receipt of the daily fork-lift driver allowance under clause 26.3(b) may elect to receive the fork-lift driver allowance under 26.3(a).

26.4 Meal allowance

(a) Clause 26.4 applies to any full-time or part-time employee who:

(b) The employer must:

(c) The employer must pay the employee a meal allowance of $13.38 if all of the following apply:

26.5 Tool and equipment allowance

(a) The employer must pay a cook or apprentice cook who is required to provide and use their own tools a tool and equipment allowance of $1.73 per day or part day up to a maximum of $8.49 per week.

(b) The employer must reimburse an employee for the cost of purchasing any towels, tools, ropes, brushes, knives, choppers, implements, utensils or other materials that the employee is required to provide and use and that are not supplied or paid for by the employer and in respect of which a tool and equipment allowance is not payable under clause 26.5(a).

26.6 Special clothing allowance

(a) In clause 26.6 special clothing means any item of clothing (including waterproof or other protective clothing) that the employer requires the employee to wear or that it is necessary for the employee to wear but does not include shoes, hosiery, socks and any black and white attire (other than a dinner suit or evening dress) that is not part of a uniform or formal clothing.

(b) The employer must reimburse an employee who is required to wear special clothing for the cost of purchasing any such clothing that is not supplied or paid for by the employer.

(c) If the employee (other than an employee mentioned in clause 26.6(d) or 26.6(e) is responsible for laundering any special clothing that is required to be worn by them, the employer must:

(d) If a catering employer requires an employee (including an airport catering employee) to be responsible for laundering any special clothing that is required to be worn by them, the employer must pay the employee a laundry allowance of $6.00 per week for a full-time employee and $2.05 for each uniform for a part-time or casual employee.

(e) If a motel employee is responsible for laundering any special clothing that is required to be worn by them, the employer must pay the employee a laundry allowance of $2.40 for each uniform up to $7.45 per week.

(f) The employer may require an employee on commencing employment to sign a receipt for any special clothing supplied or paid for by the employer that lists it and its value.

(g) The employer is entitled to deduct from any wages owed to the employee on the employee ceasing employment the value (as stated on the receipt but allowing for fair wear and tear) of any item of special clothing not returned to the employer unless it was damaged, lost or stolen otherwise than because of the fault of the employee.

26.7 Motor vehicle allowance

(a) Clause 26.7 applies to an employee within the Managerial Staff (Hotels) classification level in Schedule A—Classification Structure and Definitions who is required to use their own motor vehicle in performing their duties.

(b) The employer must pay the employee an allowance of $0.78 for each kilometre authorised to be travelled in performing duties.

(c) The employer may require the employee, as a condition of qualifying for the allowance, to keep a written record of travel for which an allowance is payable.

26.8 Working late

(a) Clause 26.8 applies to an employee to whom all of the following apply:

(b) The employer must pay the employee the reasonable cost of transport to their usual place of residence.

26.9 Working early

(a) Clause 26.9 applies to an employee to whom all of the following apply:

(b) The employer must pay the employee the cost of transport to their place of work.

26.10 Working away from usual place of work

(a) Clause 26.10 applies to a full-time or part-time employee who is required to work at a place that is more than 80 kilometres from their usual place of work.

(b) The employer must pay the employee an amount equal to the cost of fares reasonably spent by the employee on fares to travel from the employee’s usual place of work to the new place of work.

26.11 Airport catering travel allowance

26.12 First aid allowance

(a) Clause 26.12 applies to an employee who:

(b) The employer must pay the employee an allowance of:

26.13 Airport catering supervisory allowance

(a) Clause 26.13 applies to an employee of an airport catering employer who is required to supervise other employees.

(b) The employer must pay the employee an all-purpose allowance per week of the amount specified in column 2 of Table 12—Supervisory allowance depending on the number of employees supervised as specified in column 1 of that table.

26.14 Split shift allowance

(a) Clause 26.14 applies to any full-time or part-time employee who works split shifts on any day.

(b) The employer must pay the employee an allowance of:

26.15 Overnight stay allowance

(a) Clause 26.15 applies to an employee who is requested to stay overnight on the employer’s premises in order to provide prompt assistance to guests outside ordinary business hours.

(b) An employer must pay the employee:

(c) Hours worked by the employee during an overnight stay do not count for the purposes of hours of work, overtime or leave accruals.

27. Superannuation

27.1 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 to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

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

27.2 Employer contributions

(a) An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

(b) The employer must make contributions for each employee for such month where the employee earns $350.00 or more in a calendar month.

27.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 27.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of 3 months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 27.3(a) or 27.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 27.3(a) or 27.3(b) was made.

27.4 Superannuation fund

(a) HOST-PLUS;

(b) Sunsuper;

(c) InTrust Super;

(d) Club Plus Superannuation Pty Ltd;

(e) CareSuper;

(f) Westscheme Superannuation Fund;

(g) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(h) a superannuation fund or scheme which the employee is a defined benefit member of.

27.5 Absence from work

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

(b) Work-related injury or illness—in respect of any employee entitled to accident pay for the period of absence from work of the employee due to work-related injury or work-related illness provided that:

Part 5—Overtime and Penalty Rates

28. Overtime

28.1 Reasonable overtime

(a) Subject to section 62 of the Act and clause 28.1, an employer may require an employee to work reasonable overtime hours at overtime rates.

(b) An employee may refuse to work overtime hours if they are unreasonable.

(c) In determining whether overtime hours are reasonable or unreasonable for the purpose of clause 28.1 the following must be taken into account:

28.2 Payment of overtime

(a) An employer must pay a full-time employee at the overtime rate for any time worked in excess of their ordinary hours.

(b) An employer must pay a part-time employee at overtime rates in the circumstances specified in clause 10.13—Payment rates.

(c) An employer must pay a casual employee at overtime rates in the circumstances specified in clause 11.5 (Casual employment).

(d) An employer must pay a full-time or part-time employee at the overtime rate for any time that the employee is required to work on a rostered day off or an accrued day off.

(e) When a full-time or part-time employee works overtime on a rostered day off or an accrued day off the employee must be paid for a minimum of 4 hours even if they work for less than 4 hours.

(f) However, the 4 hour minimum payment does not apply if the work is part of a normal roster that began on the day before the rostered day off or accrued day off or is overtime that is continuous from the previous day’s duty.

28.3 In calculating overtime payments, overtime worked on any day stands alone from overtime worked on any other day.

28.4 Overtime rate

Column 1
For overtime worked on

Column 2
Overtime rate
(% of ordinary hourly rate)

Monday to Friday—first 2 hours

150%

Monday to Friday—after 2 hours

200%

Midnight Friday to midnight Sunday

200%

Rostered day off

200%

28.5 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 28.5.

(c) An agreement must state each of the following:

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

(e) Time off must be taken:

(f) If the employee requests at any time to be paid for overtime covered by an agreement under clause 28.5 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 28.5(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 28.5 as an employee record.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime.

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 28.5 will apply, including the requirement for separate written agreements under clause 28.5(b), in relation to overtime that has been worked.

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 28.5 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

29. Penalty rates

29.1 Clause 29 sets out penalty rates for hours worked at specified times or on specified days that are not required to be paid at the overtime rate mentioned in clause 28.4—Overtime rate.

29.2 An employer must pay an employee as follows for hours worked by the employee during a period, or on a day, specified in column 1 of Table 14—Penalty rates:

(a) for a full-time or part-time employee, at the percentage specified in column 2 of that Table of the ordinary hourly rate of the employee under Table 3—Minimum rates plus the additional amount specified in that column for hours worked between 7.00 pm and 7.00 am on a Monday to Friday; or

(b) for a casual employee, at the percentage specified in column 3 of that Table of the ordinary hourly rate of the employee under Table 3—Minimum rates plus the additional amount specified in that column for hours worked between 7.00 pm and 7.00 am on a Monday to Friday.

29.3 Penalty rates not cumulative

(a) Clause 29.3 applies where more than one penalty rate would be payable for hours worked at a particular time.

(b) Subject to clause 29.3(c), where more than one penalty rate would be payable for hours worked at a particular time, the employer must pay the employee the highest applicable penalty rate, but no other applicable penalty rate is payable.

(c) Where applicable, the penalty payable under clause 16—Breaks is payable in addition to the penalty rate payable in accordance with clause29.3(b).

29.4 Additional provisions for work on public holidays

(a) A full-time or part-time employee who works on a public holiday will be paid for a minimum of 4 hours’ work even if the employee works for a shorter time.

(b) A casual employee who works on a public holiday will be paid for a minimum of 2 hours’ work even if the employee works for a shorter time.

(c) Hours of work performed on the day immediately before a public holiday, or immediately after a public holiday, that form part of one continuous shift, are counted as part the minimum hours worked for the purposes of this clause.

(d) An employer and a full-time or part-time employee may agree that, instead of the employee being paid at 225% of the ordinary hourly rate of the employee under Table 3—Minimum rates for hours worked on a public holiday, the following arrangements are to apply:

(e) Despite the requirement to take time off within 28 days of accruing it in clause 29.4(d) an employee and an employer may agree to extend the period for taking the accrued time off to within 6 months of its accrual subject to the following:

(f) Clause 29.4(g) applies to a full-time or part-time employee who is required to work on Christmas Day when it falls on a weekend and is not a public holiday.

(g) The employer must pay the employee at 125% of the employee’s ordinary hourly rate for hours worked on Christmas Day and also allow the employee to take a substitute day off.

Part 6—Leave and Public Holidays

30. Annual leave

NOTE: Where an employee is receiving over-award payments resulting in the employee’s base rate of pay being higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

30.1 Annual leave is provided for in the NES. It does not apply to casual employees.

30.2 Additional paid annual leave for certain shiftworkers

(a) Clause 30.2 applies to an employee who is a 7 day shiftworker regularly rostered to work on Sundays and public holidays in a business in which shifts are continuously rostered 24 hours a day for 7 days a week.

(b) The employee is a shiftworker for the purposes of the NES (entitlement to an additional week of paid annual leave).

30.3 Payment for annual leave loading

30.4 Temporary close-down

(a) Clause 30.4 applies if an employer:

(b) The employer must give the affected employees at least 4 weeks’ notice of a temporary close down period.

(c) The employer may require any affected employee to take a period of paid annual leave during a temporary close down period.

30.5 Special leave without pay arrangements for certain catering employees

(a) Clause 30.5 applies to an employee who is employed at or in connection with catering functions in primary or secondary boarding schools or residential colleges associated with tertiary educational institutions.

(b) The employer may require an employee to take a period of leave without pay during all or part of a term break, semester break or the Christmas/summer vacation.

(c) The employer must give the affected employees at least one week’s notice in writing of a requirement to take leave without pay and the period for which that leave is to be taken.

(d) The period of leave without pay may be varied by agreement between the employee and employer.

(e) An employee may take accrued annual leave or long service leave instead of leave without pay during a period of leave required to be taken under clause 30.5(b).

(f) All leave without pay taken under clause 30.5 counts for the purposes of accruing annual leave, long service leave and personal/carer’s leave.

(g) An employer must offer work to an employee during an unpaid leave period if appropriate work is available. For this purpose, work is appropriate if the employee is able to perform it and it is within the employee’s skills and experience.

(h) If the employee accepts an offer of appropriate work, the employer must pay the employee at the rate applicable to the work performed.

(i) An employer must not terminate the employment of an employee because the employee is not able to accept an offer of appropriate work.

30.6 Excessive leave accruals: general provision

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 30.2).

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 30.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 30.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

30.7 Excessive leave accruals: direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 30.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 30.7(a):

(c) The employee must take paid annual leave in accordance with a direction under clause 30.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 30.7(a) may request to take a period of paid annual leave as if the direction had not been given.

30.8 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 30.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 30.8(a) if:

(c) A notice given by an employee under clause 30.8(a) must not:

(d) An employee is not entitled to request by a notice under clause 30.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker as defined by clause 30.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 30.8(a).

30.9 Annual leave in advance

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(c) The employer must keep a copy of any agreement under clause 30.9 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 30.9, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

30.10 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 30.10(c).

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 30.10(c).

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 30.10(c) must state:

(e) An agreement under clause 30.10(c) must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 30.10(c) as an employee record.

31. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

32. Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

33. Community service leave

Community service leave is provided for in the NES.

34. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances, evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service, a court or family violence support service, or a statutory declaration.

35. Public holidays

35.1 Public holiday entitlements are provided for in the NES.

35.2 Substitution of public holidays by agreement

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

35.3 Additional public holiday arrangements for full-time employees

(a) pay the employee an extra day’s pay; or

(b) give the employee an alternative day off within 28 days; or

(c) give the employee an additional day’s annual leave.

35.4 Public holiday arrangements for part-time employees

(a) Clause 35.4 applies if under an agreement under clause 10.5, as varied under clause 10.6, a part-time employee is to work on a day that is a public holiday.

(b) The part-time employee is entitled to be absent from their employment on that day.

(c) If the part-time employee is absent in accordance with clause 35.4(b), the employer must pay the employee for the ordinary hours that the employee was to work that day.

(d) A part-time employee who works on that day must be paid in accordance with clause 35.

35.5 Part-day public holidays

For provisions relating to part-day public holidays see Schedule I—Part-day Public Holidays.

Part 7—Industry Specific Provisions

36. Deductions for breakages or cashiering underings

36.1 Right to make deductions

36.2 Deductions to be reasonable and proportionate

36.3 Deductions for employees under 18 years of age

37. Deductions for provision of employee accommodation and meals

NOTE: Schedule C—Summary of Monetary Allowances contains a summary of the deductions in Table 15—Employees on adult rates and Table 16—Employees on junior rates.

37.1 Right to make deductions

37.2 Deductions not to be unreasonable

37.3 Deductions for employees under 18 years of age

37.4 Deductions for meals

(a) the employee does not live in accommodation provided by the employer; and

(b) the meal is provided during the employee’s normal working hours; and

(c) the employee has been informed of the amount that will be deducted from the employee’s wages for the meal and has consented to the meal being provided.

37.5 Deductions for accommodation or accommodation and meals—employees on adult rates

Column 1
Service provided by employer

Column 2
Deduction

Column 3
Payable

 

$

  

Single room and 3 meals a day

215.63

per week

Shared room and 3 meals a day

210.24

per week

Single room only; no meals

204.85

per week

Shared room only; no meals

199.46

per week

37.6 Deductions for accommodation or accommodation and meals—employees on junior rates

37.7 Amount of deduction for meals only

37.8 Adjustment of amount of deduction for meals only

Part 8—Consultation and Dispute Resolution

38. Consultation about major workplace change

38.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and

(b) discuss with affected employees and their representatives (if any):

(c) commence discussions as soon as practicable after a definite decision has been made.

38.2 For the purposes of the discussion under clause 38.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature; and

(b) their expected effect on employees; and

(c) any other matters likely to affect employees.

38.3 Clause 38.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

38.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 38.1(b).

38.5 In clause 38 significant effects, on employees, includes any of the following:

(a) termination of employment; or

(b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or

(c) loss of, or reduction in, job or promotion opportunities; or

(d) loss of, or reduction in, job tenure; or

(e) alteration of hours of work; or

(f) the need for employees to be retrained or transferred to other work or locations; or

(g) job restructuring.

38.6 Where this award makes provision for alteration of any of the matters defined at clause 38.5, such alteration is taken not to have significant effect.

39. Consultation about changes to rosters or hours of work

39.1 Clause 39 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable.

39.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

39.3 For the purpose of the consultation, the employer must:

(a) provide to the employees and representatives mentioned in clause 39.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

39.4 The employer must consider any views given under clause 39.3(b).

39.5 Clause 39 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

40. Dispute resolution

40.1 Clause 40 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

40.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

40.3 If the dispute is not resolved through discussion as mentioned in clause 40.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate.

40.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 40.2 and 40.3, a party to the dispute may refer it to the Fair Work Commission.

40.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration.

40.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

40.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 40.

40.8 While procedures are being followed under clause 40 in relation to a dispute:

(a) work must continue in accordance with this award and the Act; and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

40.9 Clause 40.8 is subject to any applicable work health and safety legislation.

Part 9—Termination of Employment and Redundancy

41. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

41.1 Notice of termination by an employee

(a) Clause 41 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 14—Penalty rates of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

(c) In clause 41.1(b) continuous service has the same meaning as in section 117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under clause 41.1(b), then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under clause 41.1(b), then no deduction can be made under clause 41.1(d).

(f) Any deduction made under clause 41.1(d) must not be unreasonable in the circumstances.

(g) If an employee gives notice of termination in accordance with clause 41.1(b), the employer may, at its discretion, elect to make a payment instead of the employee working for all or part of the notice period. The payment must be equivalent to the amount the employer would have been otherwise required to make pursuant to section 117 of the Act had the employer terminated the employee’s employment.

41.2 Job search entitlement

(a) Where an employer has given notice of termination to an employee, the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

(b) The time off under clause 41.2 is to be taken at times that are convenient to the employee after consultation with the employer.

42. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

42.1 Transfer to lower paid duties on redundancy

(a) Clause 42.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(c) If the employer acts as mentioned in clause 42.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

42.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 42 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

42.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 42.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 42.3(b).

(d) An employee who fails to produce proof when required under clause 42.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 41.2.

   

Schedule A—Classification Structure and Definitions
A.1 Introductory level

Introductory level is for an employee who enters the hospitality industry and does not demonstrate the competency requirements of level 1. The employee remains at Introductory level for up to 3 months while undertaking appropriate training and being assessed for competency to move to level 1. At the end of that period, the employee moves to level 1 unless the employee and the employer mutually agree that further training of up to 3 months is required for the employee to achieve the necessary competency.

NOTE: Any disagreement arising from this provision must be dealt with in accordance with clause 40—Dispute resolution.

A.2 General classification definitions
A.2.1 Food and beverage stream

A.2.2 Kitchen stream

A.2.3 Guest services stream

A.2.4 Administration stream

A.2.5 Security stream

A.2.6 Leisure activities stream

A.2.7 Stores stream

A.2.8 Maintenance and trades—other than the cooking trade

A.2.9 Managerial staff (Hotels)

A.3 Casino Gaming Stream
A.3.1 General

A.3.2 Casino table gaming

A.3.3 Casino electronic gaming

A.3.4 Casino Finance stream

A.3.5 Casino equipment technicians

A.3.6 Casino security

Schedule B—Summary of Hourly Rates of Pay

See also clause Part 4—Wages and Allowances and Part 5—Overtime and Penalty Rates.

B.1 Ordinary hourly rate
B.1.1 Ordinary hourly rate means the minimum hourly rate of pay for an employee plus any all-purpose allowances to which the employee is entitled.

B.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with clause 18—Minimum rates. Consistent with clause B.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.
B.2 Adult employees

NOTE: Schedule B.2 does not apply to Managerial staff (Hotels) employees or casino gaming employees.

B.2.1 Adult full-time and part-time employees—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of ordinary hourly rate2

 

100%

125%

150%

225%

 

$

$

$

$

Introductory Level

19.49

24.36

29.24

43.85

Level 1

20.06

25.08

30.09

45.14

Level 2

20.82

26.03

31.23

46.85

Level 3

21.54

26.93

32.31

48.47

Level 4

22.70

28.38

34.05

51.08

Level 5

24.12

30.15

36.18

54.27

Level 6

24.77

30.96

37.16

55.73

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.2.2 Adult full-time and part-time employees—overtime rates

 

Monday to Friday

Weekends and rostered days off

Public holiday

First 2 hours

After 2 hours

 

% of ordinary hourly rate1

 

150%

200%

200%

225%

 

$

$

$

$

Introductory Level

29.24

38.98

38.98

43.85

Level 1

30.09

40.12

40.12

45.14

Level 2

31.23

41.64

41.64

46.85

Level 3

32.31

43.08

43.08

48.47

Level 4

34.05

45.40

45.40

51.08

Level 5

36.18

48.24

48.24

54.27

Level 6

37.16

49.54

49.54

55.73

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.2.3 Adult casual employees—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of ordinary hourly rate2

 

125%

150%

175%

250%

 

$

$

$

$

Introductory Level

24.36

29.24

34.11

48.73

Level 1

25.08

30.09

35.11

50.15

Level 2

26.03

31.23

36.44

52.05

Level 3

26.93

32.31

37.70

53.85

Level 4

28.38

34.05

39.73

56.75

Level 5

30.15

36.18

42.21

60.30

Level 6

30.96

37.16

43.35

61.93

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.2.4 Adult casual employees—overtime rates

 

Monday to Friday

Weekends

Public holiday

First 2 hours

After 2 hours

 

% of ordinary hourly rate1

 

150%

200%

200%

250%

 

$

$

$

$

Introductory Level

29.24

38.98

38.98

48.73

Level 1

30.09

40.12

40.12

50.15

Level 2

31.23

41.64

41.64

52.05

Level 3

32.31

43.08

43.08

53.85

Level 4

34.05

45.40

45.40

56.75

Level 5

36.18

48.24

48.24

60.30

Level 6

37.16

49.54

49.54

61.93

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.3 Junior employees
B.3.1 NOTE: Schedule B.3 does not apply to junior office employees or junior casino gaming employees. The junior hourly rate is based on a percentage of the appropriate adult rate in accordance with clause 18.4—Junior rates. Adult rates apply from 21 years of age in accordance with clause 18.1—Adult rates.
B.3.2 Junior full-time and part-time employees (other than junior office employees)—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of junior hourly rate2

 

100%

125%

150%

225%

 

$

$

$

$

Introductory Level

        

16 years of age and under

9.75

12.19

14.63

21.94

17 years of age

11.69

14.61

17.54

26.30

18 years of age

13.64

17.05

20.46

30.69

19 years of age

16.57

20.71

24.86

37.28

20 years of age

19.49

24.36

29.24

43.85

Level 1 

        

16 years of age and under

10.03

12.54

15.05

22.57

17 years of age

12.04

15.05

18.06

27.09

18 years of age

14.04

17.55

21.06

31.59

19 years of age

17.05

21.31

25.58

38.36

20 years of age

20.06

25.08

30.09

45.14

Level 2

        

16 years of age and under

10.41

13.01

15.62

23.42

17 years of age

12.49

15.61

18.74

28.10

18 years of age

14.57

18.21

21.86

32.78

19 years of age

17.70

22.13

26.55

39.83

20 years of age

20.82

26.03

31.23

46.85

Level 3

        

16 years of age and under

10.77

13.46

16.16

24.23

17 years of age

12.92

16.15

19.38

29.07

18 years of age

15.08

18.85

22.62

33.93

19 years of age

18.31

22.89

27.47

41.20

20 years of age

21.54

26.93

32.31

48.47

Level 4

        

16 years of age and under

11.35

14.19

17.03

25.54

17 years of age

13.62

17.03

20.43

30.65

18 years of age

15.89

19.86

23.84

35.75

19 years of age

19.30

24.13

28.95

43.43

20 years of age

22.70

28.38

34.05

51.08

Level 5

        

16 years of age and under

12.06

15.08

18.09

27.14

17 years of age

14.47

18.09

21.71

32.56

18 years of age

16.88

21.10

25.32

37.98

19 years of age

20.50

25.63

30.75

46.13

20 years of age

24.12

30.15

36.18

54.27

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.3.3 Junior full-time and part-time employees (other than junior office employees)—overtime rates

 

Monday to Friday

Weekends and rostered days off

Public holiday

First 2 hours

After 2 hours

 

% of junior hourly rate1

 

150%

200%

200%

225%

 

$

$

$

$

Introductory Level

        

16 years of age and under

14.63

19.50

19.50

21.94

17 years of age

17.54

23.38

23.38

26.30

18 years of age

20.46

27.28

27.28

30.69

19 years of age

24.86

33.14

33.14

37.28

20 years of age

29.24

38.98

38.98

43.85

Level 1

        

16 years of age and under

15.05

20.06

20.06

22.57

17 years of age

18.06

24.08

24.08

27.09

18 years of age

21.06

28.08

28.08

31.59

19 years of age

25.58

34.10

34.10

38.36

20 years of age

30.09

40.12

40.12

45.14

Level 2

        

16 years of age and under

15.62

20.82

20.82

23.42

17 years of age

18.74

24.98

24.98

28.10

18 years of age

21.86

29.14

29.14

32.78

19 years of age

26.55

35.40

35.40

39.83

20 years of age

31.23

41.64

41.64

46.85

Level 3

        

16 years of age and under

16.16

21.54

21.54

24.23

17 years of age

19.38

25.84

25.84

29.07

18 years of age

22.62

30.16

30.16

33.93

19 years of age

27.47

36.62

36.62

41.20

20 years of age

32.31

43.08

43.08

48.47

Level 4

        

16 years of age and under

17.03

22.70

22.70

25.54

17 years of age

20.43

27.24

27.24

30.65

18 years of age

23.84

31.78

31.78

35.75

19 years of age

28.95

38.60

38.60

43.43

20 years of age

34.05

45.40

45.40

51.08

Level 5

        

16 years of age and under

18.09

24.12

24.12

27.14

17 years of age

21.71

28.94

28.94

32.56

18 years of age

25.32

33.76

33.76

37.98

19 years of age

30.75

41.00

41.00

46.13

20 years of age

36.18

48.24

48.24

54.27

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.3.4 Junior casual employees (other than junior office employees)—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of junior hourly rate2

 

125%

150%

175%

250%

 

$

$

$

$

Introductory Level

        

16 years of age and under

12.19

14.63

17.06

24.38

17 years of age

14.61

17.54

20.46

29.23

18 years of age

17.05

20.46

23.87

34.10

19 years of age

20.71

24.86

29.00

41.43

20 years of age

24.36

29.24

34.11

48.73

Level 1

        

16 years of age and under

12.54

15.05

17.55

25.08

17 years of age

15.05

18.06

21.07

30.10

18 years of age

17.55

21.06

24.57

35.10

19 years of age

21.31

25.58

29.84

42.63

20 years of age

25.08

30.09

35.11

50.15

Level 2

        

16 years of age and under

13.01

15.62

18.22

26.03

17 years of age

15.61

18.74

21.86

31.23

18 years of age

18.21

21.86

25.50

36.43

19 years of age

22.13

26.55

30.98

44.25

20 years of age

26.03

31.23

36.44

52.05

Level 3

        

16 years of age and under

13.46

16.16

18.85

26.93

17 years of age

16.15

19.38

22.61

32.30

18 years of age

18.85

22.62

26.39

37.70

19 years of age

22.89

27.47

32.04

45.78

20 years of age

26.93

32.31

37.70

53.85

Level 4

        

16 years of age and under

14.19

17.03

19.86

28.38

17 years of age

17.03

20.43

23.84

34.05

18 years of age

19.86

23.84

27.81

39.73

19 years of age

24.13

28.95

33.78

48.25

20 years of age

28.38

34.05

39.73

56.75

Level 5

        

16 years of age and under

15.08

18.09

21.11

30.15

17 years of age

18.09

21.71

25.32

36.18

18 years of age

21.10

25.32

29.54

42.20

19 years of age

25.63

30.75

35.88

51.25

20 years of age

30.15

36.18

42.21

60.30

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.3.5 Junior casual employees (other than junior office employees)—overtime rates

 

Monday to Friday

Weekends

Public holiday

First 2 hours

After 2 hours

 

% of junior hourly rate1

 

150%

200%

200%

250%

 

$

$

$

$

Introductory Level

        

16 years of age and under

14.63

19.50

19.50

24.38

17 years of age

17.54

23.38

23.38

29.23

18 years of age

20.46

27.28

27.28

34.10

19 years of age

24.86

33.14

33.14

41.43

20 years of age

29.24

38.98

38.98

48.73

Level 1

        

16 years of age and under

15.05

20.06

20.06

25.08

17 years of age

18.06

24.08

24.08

30.10

18 years of age

21.06

28.08

28.08

35.10

19 years of age

25.58

34.10

34.10

42.63

20 years of age

30.09

40.12

40.12

50.15

Level 2

        

16 years of age and under

15.62

20.82

20.82

26.03

17 years of age

18.74

24.98

24.98

31.23

18 years of age

21.86

29.14

29.14

36.43

19 years of age

26.55

35.40

35.40

44.25

20 years of age

31.23

41.64

41.64

52.05

Level 3

        

16 years of age and under

16.16

21.54

21.54

26.93

17 years of age

19.38

25.84

25.84

32.30

18 years of age

22.62

30.16

30.16

37.70

19 years of age

27.47

36.62

36.62

45.78

20 years of age

32.31

43.08

43.08

53.85

Level 4

        

16 years of age and under

17.03

22.70

22.70

28.38

17 years of age

20.43

27.24

27.24

34.05

18 years of age

23.84

31.78

31.78

39.73

19 years of age

28.95

38.60

38.60

48.25

20 years of age

34.05

45.40

45.40

56.75

Level 5

        

16 years of age and under

18.09

24.12

24.12

30.15

17 years of age

21.71

28.94

28.94

36.18

18 years of age

25.32

33.76

33.76

42.20

19 years of age

30.75

41.00

41.00

51.25

20 years of age

36.18

48.24

48.24

60.30

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.4 Junior office employees
B.4.1 Junior hourly rate is based on a percentage of the appropriate adult rate in accordance with clause 18.4—Junior rates. Adult rates apply from 21 years of age in accordance with clause 18.1—Adult rates.
B.4.2 Junior full-time and part-time office employees—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of junior hourly rate2

 

100%

125%

150%

225%

 

$

$

$

$

Introductory Level

        

15 years of age and under

8.77

10.96

13.16

19.73

16 years of age

10.72

13.40

16.08

24.12

17 years of age

12.67

15.84

19.01

28.51

18 years of age

14.62

18.28

21.93

32.90

19 years of age

17.54

21.93

26.31

39.47

20 years of age

19.49

24.36

29.24

43.85

Level 2

        

15 years of age and under

9.37

11.71

14.06

21.08

16 years of age

11.45

14.31

17.18

25.76

17 years of age

13.53

16.91

20.30

30.44

18 years of age

15.62

19.53

23.43

35.15

19 years of age

18.74

23.43

28.11

42.17

20 years of age

20.82

26.03

31.23

46.85

Level 3

        

15 years of age and under

9.69

12.11

14.54

21.80

16 years of age

11.85

14.81

17.78

26.66

17 years of age

14.00

17.50

21.00

31.50

18 years of age

16.16

20.20

24.24

36.36

19 years of age

19.39

24.24

29.09

43.63

20 years of age

21.54

26.93

32.31

48.47

Level 4

        

15 years of age and under

10.22

12.78

15.33

23.00

16 years of age

12.49

15.61

18.74

28.10

17 years of age

14.76

18.45

22.14

33.21

18 years of age

17.03

21.29

25.55

38.32

19 years of age

20.43

25.54

30.65

45.97

20 years of age

22.70

28.38

34.05

51.08

Level 5

        

15 years of age and under

10.85

13.56

16.28

24.41

16 years of age

13.27

16.59

19.91

29.86

17 years of age

15.68

19.60

23.52

35.28

18 years of age

18.09

22.61

27.14

40.70

19 years of age

21.71

27.14

32.57

48.85

20 years of age

24.12

30.15

36.18

54.27

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.4.3 Junior full-time and part-time office employees—overtime rates

 

Monday to Friday

Weekends and rostered days off

Public holiday

First 2 hours

After 2 hours

 

% of junior hourly rate1

 

150%

200%

200%

225%

 

$

$

$

$

Introductory Level

        

15 years of age and under

13.16

17.54

17.54

19.73

16 years of age

16.08

21.44

21.44

24.12

17 years of age

19.01

25.34

25.34

28.51

18 years of age

21.93

29.24

29.24

32.90

19 years of age

26.31

35.08

35.08

39.47

20 years of age

29.24

38.98

38.98

43.85

Level 2

        

15 years of age and under

14.06

18.74

18.74

21.08

16 years of age

17.18

22.90

22.90

25.76

17 years of age

20.30

27.06

27.06

30.44

18 years of age

23.43

31.24

31.24

35.15

19 years of age

28.11

37.48

37.48

42.17

20 years of age

31.23

41.64

41.64

46.85

Level 3

        

15 years of age and under

14.54

19.38

19.38

21.80

16 years of age

17.78

23.70

23.70

26.66

17 years of age

21.00

28.00

28.00

31.50

18 years of age

24.24

32.32

32.32

36.36

19 years of age

29.09

38.78

38.78

43.63

20 years of age

32.31

43.08

43.08

48.47

Level 4

       

15 years of age and under

15.33

20.44

20.44

23.00

16 years of age

18.74

24.98

24.98

28.10

17 years of age

22.14

29.52

29.52

33.21

18 years of age

25.55

34.06

34.06

38.32

19 years of age

30.65

40.86

40.86

45.97

20 years of age

34.05

45.40

45.40

51.08

Level 5

        

15 years of age and under

16.28

21.70

21.70

24.41

16 years of age

19.91

26.54

26.54

29.86

17 years of age

23.52

31.36

31.36

35.28

18 years of age

27.14

36.18

36.18

40.70

19 years of age

32.57

43.42

43.42

48.85

20 years of age

36.18

48.24

48.24

54.27

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.4.4 Junior casual office employees—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of junior hourly rate2

 

125%

150%

175%

250%

 

$

$

$

$

Introductory Level

        

15 years of age and under

10.96

13.16

15.35

21.93

16 years of age

13.40

16.08

18.76

26.80

17 years of age

15.84

19.01

22.17

31.68

18 years of age

18.28

21.93

25.59

36.55

19 years of age

21.93

26.31

30.70

43.85

20 years of age

24.36

29.24

34.11

48.73

Level 2

        

15 years of age and under

11.71

14.06

16.40

23.43

16 years of age

14.31

17.18

20.04

28.63

17 years of age

16.91

20.30

23.68

33.83

18 years of age

19.53

23.43

27.34

39.05

19 years of age

23.43

28.11

32.80

46.85

20 years of age

26.03

31.23

36.44

52.05

Level 3

        

15 years of age and under

12.11

14.54

16.96

24.23

16 years of age

14.81

17.78

20.74

29.63

17 years of age

17.50

21.00

24.50

35.00

18 years of age

20.20

24.24

28.28

40.40

19 years of age

24.24

29.09

33.93

48.48

20 years of age

26.93

32.31

37.70

53.85

Level 4

        

15 years of age and under

12.78

15.33

17.89

25.55

16 years of age

15.61

18.74

21.86

31.23

17 years of age

18.45

22.14

25.83

36.90

18 years of age

21.29

25.55

29.80

42.58

19 years of age

25.54

30.65

35.75

51.08

20 years of age

28.38

34.05

39.73

56.75

Level 5

        

15 years of age and under

13.56

16.28

18.99

27.13

16 years of age

16.59

19.91

23.22

33.18

17 years of age

19.60

23.52

27.44

39.20

18 years of age

22.61

27.14

31.66

45.23

19 years of age

27.14

32.57

37.99

54.28

20 years of age

30.15

36.18

42.21

60.30

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.4.5 Junior casual office employees—overtime rates

 

Monday to Friday

Weekends

Public holiday

First 2 hours

After 2 hours

 

% of junior hourly rate1

 

150%

200%

200%

250%

 

$

$

$

$

Introductory Level

        

15 years of age and under

13.16

17.54

17.54

21.93

16 years of age

16.08

21.44

21.44

26.80

17 years of age

19.01

25.34

25.34

31.68

18 years of age

21.93

29.24

29.24

36.55

19 years of age

26.31

35.08

35.08

43.85

20 years of age

29.24

38.98

38.98

48.73

Level 2

        

15 years of age and under

14.06

18.74

18.74

23.43

16 years of age

17.18

22.90

22.90

28.63

17 years of age

20.30

27.06

27.06

33.83

18 years of age

23.43

31.24

31.24

39.05

19 years of age

28.11

37.48

37.48

46.85

20 years of age

31.23

41.64

41.64

52.05

Level 3

        

15 years of age and under

14.54

19.38

19.38

24.23

16 years of age

17.78

23.70

23.70

29.63

17 years of age

21.00

28.00

28.00

35.00

18 years of age

24.24

32.32

32.32

40.40

19 years of age

29.09

38.78

38.78

48.48

20 years of age

32.31

43.08

43.08

53.85

Level 4

       

15 years of age and under

15.33

20.44

20.44

25.55

16 years of age

18.74

24.98

24.98

31.23

17 years of age

22.14

29.52

29.52

36.90

18 years of age

25.55

34.06

34.06

42.58

19 years of age

30.65

40.86

40.86

51.08

20 years of age

34.05

45.40

45.40

56.75

Level 5

        

15 years of age and under

16.28

21.70

21.70

27.13

16 years of age

19.91

26.54

26.54

33.18

17 years of age

23.52

31.36

31.36

39.20

18 years of age

27.14

36.18

36.18

45.23

19 years of age

32.57

43.42

43.42

54.28

20 years of age

36.18

48.24

48.24

60.30

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.5 Managerial staff (Hotels) employees
B.5.1 Full-time and part-time managerial staff (Hotels) employees—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of ordinary hourly rate2

 

100%

125%

150%

225%

 

$

$

$

$

Managerial staff (Hotels)

24.81

31.01

37.22

55.82

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Overtime and penalty rates are not payable to an employee to whom clause 25—Salaries absorption (Managerial Staff (Hotels)) applies.

B.5.2 Full-time and part-time managerial staff (Hotels) employees—overtime rates

 

Monday to Friday

Weekends and rostered days off

Public holiday

First 2 hours

After 2 hours

 

% of ordinary hourly rate1

 

150%

200%

200%

225%

 

$

$

$

$

Managerial staff (Hotels)

37.22

49.62

49.62

55.82

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Overtime and penalty rates are not payable to an employee to whom clause 25—Salaries absorption (Managerial Staff (Hotels)) applies.

B.5.3 Casual managerial staff (Hotels) employees—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of ordinary hourly rate2

 

125%

150%

175%

250%

 

$

$

$

$

Managerial staff (Hotels)

31.01

37.22

43.42

62.03

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.5.4 Casual managerial staff (Hotels) employees—overtime rates

 

Monday to Friday

Weekends

Public holiday

First 2 hours

After 2 hours

 

% of ordinary hourly rate1

 

150%

200%

200%

250%

 

$

$

$

$

Managerial staff (Hotels)

37.22

49.62

49.62

62.03

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Overtime and penalty rates are not payable to an employee to whom clause 25—Salaries absorption (Managerial Staff (Hotels)) applies.

B.6 Adult casino gaming employees
B.6.1 Adult full-time and part-time casino gaming employees—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of ordinary hourly rate2

 

100%

125%

150%

225%

 

$

$

$

$

Introductory Level

20.06

25.08

30.09

45.14

Level 1

21.27

26.59

31.91

47.86

Level 2

21.98

27.48

32.97

49.46

Level 3

22.70

28.38

34.05

51.08

Level 3A

23.76

29.70

35.64

53.46

Level 4

24.12

30.15

36.18

54.27

Level 5

24.84

31.05

37.26

55.89

Level 6

25.55

31.94

38.33

57.49

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.6.2 Adult full-time and part-time casino gaming employees—overtime rates

 

Monday to Friday

Weekends and rostered days off

Public holiday

First 2 hours

After 2 hours

 

% of ordinary hourly rate1

 

150%

200%

200%

225%

 

$

$

$

$

Introductory Level

30.09

40.12

40.12

45.14

Level 1

31.91

42.54

42.54

47.86

Level 2

32.97

43.96

43.96

49.46

Level 3

34.05

45.40

45.40

51.08

Level 3A

35.64

47.52

47.52

53.46

Level 4

36.18

48.24

48.24

54.27

Level 5

37.26

49.68

49.68

55.89

Level 6

38.33

51.10

51.10

57.49

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.6.3 Adult casual casino gaming employees—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of ordinary hourly rate2

 

125%

150%

175%

250%

 

$

$

$

$

Introductory Level

25.08

30.09

35.11

50.15

Level 1

26.59

31.91

37.22

53.18

Level 2

27.48

32.97

38.47

54.95

Level 3

28.38

34.05

39.73

56.75

Level 3A

29.70

35.64

41.58

59.40

Level 4

30.15

36.18

42.21

60.30

Level 5

31.05

37.26

43.47

62.10

Level 6

31.94

38.33

44.71

63.88

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.6.4 Adult casual casino gaming employees—overtime rates

 

Monday to Friday

Weekends

Public holiday

First 2 hours

After 2 hours

 

% of ordinary hourly rate1

 

150%

200%

200%

250%

 

$

$

$

$

Introductory Level

30.09

40.12

40.12

50.15

Level 1

31.91

42.54

42.54

53.18

Level 2

32.97

43.96

43.96

54.95

Level 3

34.05

45.40

45.40

56.75

Level 3A

35.64

47.52

47.52

59.40

Level 4

36.18

48.24

48.24

60.30

Level 5

37.26

49.68

49.68

62.10

Level 6

38.33

51.10

51.10

63.88

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.7 Junior casino gaming employees
B.7.1 Junior hourly rate is based on a percentage of the appropriate adult rate in accordance with clause 18.4—Junior rates. Adult rates apply from 21 years of age in accordance with clause 18.1—Adult rates.
B.7.2 Junior full-time and part-time casino gaming employees—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of junior hourly rate2

 

100%

125%

150%

225%

 

$

$

$

$

Introductory Level

        

18 years of age

14.04

17.55

21.06

31.59

19 years of age

17.05

21.31

25.58

38.36

20 years of age

20.06

25.08

30.09

45.14

Level 1

        

18 years of age

14.89

18.61

22.34

33.50

19 years of age

18.08

22.60

27.12

40.68

20 years of age

21.27

26.59

31.91

47.86

Level 2

       

18 years of age

15.39

19.24

23.09

34.63

19 years of age

18.68

23.35

28.02

42.03

20 years of age

21.98

27.48

32.97

49.46

Level 3

       

18 years of age

15.89

19.86

23.84

35.75

19 years of age

19.30

24.13

28.95

43.43

20 years of age

22.70

28.38

34.05

51.08

Level 3A

        

18 years of age

16.63

20.79

24.95

37.42

19 years of age

20.20

25.25

30.30

45.45

20 years of age

23.76

29.70

35.64

53.46

Level 4

        

18 years of age

16.88

21.10

25.32

37.98

19 years of age

20.50

25.63

30.75

46.13

20 years of age

24.12

30.15

36.18

54.27

Level 5

        

18 years of age

17.39

21.74

26.09

39.13

19 years of age

21.11

26.39

31.67

47.50

20 years of age

24.84

31.05

37.26

55.89

Level 6

        

18 years of age

17.89

22.36

26.84

40.25

19 years of age

21.72

27.15

32.58

48.87

20 years of age

25.55

31.94

38.33

57.49

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.7.3 Junior full-time and part-time casino gaming employees—overtime rates

 

Monday to Friday

Weekends and rostered days off

Public holiday

First 2 hours

After 2 hours

 

% of junior hourly rate1

 

150%

200%

200%

225%

 

$

$

$

$

Introductory Level

        

18 years of age

21.06

28.08

28.08

31.59

19 years of age

25.58

34.10

34.10

38.36

20 years of age

30.09

40.12

40.12

45.14

Level 1

        

18 years of age

22.34

29.78

29.78

33.50

19 years of age

27.12

36.16

36.16

40.68

20 years of age

31.91

42.54

42.54

47.86

Level 2

        

18 years of age

23.09

30.78

30.78

34.63

19 years of age

28.02

37.36

37.36

42.03

20 years of age

32.97

43.96

43.96

49.46

Level 3

        

18 years of age

23.84

31.78

31.78

35.75

19 years of age

28.95

38.60

38.60

43.43

20 years of age

34.05

45.40

45.40

51.08

Level 3A

        

18 years of age

24.95

33.26

33.26

37.42

19 years of age

30.30

40.40

40.40

45.45

20 years of age

35.64

47.52

47.52

53.46

Level 4

        

18 years of age

25.32

33.76

33.76

37.98

19 years of age

30.75

41.00

41.00

46.13

20 years of age

36.18

48.24

48.24

54.27

Level 5

        

18 years of age

26.09

34.78

34.78

39.13

19 years of age

31.67

42.22

42.22

47.50

20 years of age

37.26

49.68

49.68

55.89

Level 6

        

18 years of age

26.84

35.78

35.78

40.25

19 years of age

32.58

43.44

43.44

48.87

20 years of age

38.33

51.10

51.10

57.49

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.7.4 Junior casual casino gaming employees—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of junior hourly rate2

 

125%

150%

175%

250%

 

$

$

$

$

Introductory Level

       

18 years of age

17.55

21.06

24.57

35.10

19 years of age

21.31

25.58

29.84

42.63

20 years of age

25.08

30.09

35.11

50.15

Level 1

        

18 years of age

18.61

22.34

26.06

37.23

19 years of age

22.60

27.12

31.64

45.20

20 years of age

26.59

31.91

37.22

53.18

Level 2

        

18 years of age

19.24

23.09

26.93

38.48

19 years of age

23.35

28.02

32.69

46.70

20 years of age

27.48

32.97

38.47

54.95

Level 3

        

18 years of age

19.86

23.84

27.81

39.73

19 years of age

24.13

28.95

33.78

48.25

20 years of age

28.38

34.05

39.73

56.75

Level 3A

        

18 years of age

20.79

24.95

29.10

41.58

19 years of age

25.25

30.30

35.35

50.50

20 years of age

29.70

35.64

41.58

59.40

Level 4

        

18 years of age

21.10

25.32

29.54

42.20

19 years of age

25.63

30.75

35.88

51.25

20 years of age

30.15

36.18

42.21

60.30

Level 5

        

18 years of age

21.74

26.09

30.43

43.48

19 years of age

26.39

31.67

36.94

52.78

20 years of age

31.05

37.26

43.47

62.10

Level 6

        

18 years of age

22.36

26.84

31.31

44.73

19 years of age

27.15

32.58

38.01

54.30

20 years of age

31.94

38.33

44.71

63.88

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.7.5 Junior casual casino gaming employees—overtime rates

 

Monday to Friday

Weekends

Public holiday

First 2 hours

After 2 hours

 

% of junior hourly rate1

 

150%

200%

200%

250%

 

$

$

$

$

Introductory Level

        

18 years of age

21.06

28.08

28.08

35.10

19 years of age

25.58

34.10

34.10

42.63

20 years of age

30.09

40.12

40.12

50.15

Level 1

        

18 years of age

22.34

29.78

29.78

37.23

19 years of age

27.12

36.16

36.16

45.20

20 years of age

31.91

42.54

42.54

53.18

Level 2

        

18 years of age

23.09

30.78

30.78

38.48

19 years of age

28.02

37.36

37.36

46.70

20 years of age

32.97

43.96

43.96

54.95

Level 3

        

18 years of age

23.84

31.78

31.78

39.73

19 years of age

28.95

38.60

38.60

48.25

20 years of age

34.05

45.40

45.40

56.75

Level 3A

        

18 years of age

24.95

33.26

33.26

41.58

19 years of age

30.30

40.40

40.40

50.50

20 years of age

35.64

47.52

47.52

59.40

Level 4

        

18 years of age

25.32

33.76

33.76

42.20

19 years of age

30.75

41.00

41.00

51.25

20 years of age

36.18

48.24

48.24

60.30

Level 5

        

18 years of age

26.09

34.78

34.78

43.48

19 years of age

31.67

42.22

42.22

52.78

20 years of age

37.26

49.68

49.68

62.10

Level 6

        

18 years of age

26.84

35.78

35.78

44.73

19 years of age

32.58

43.44

43.44

54.30

20 years of age

38.33

51.10

51.10

63.88

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.8 Junior apprentices
B.8.1 The junior apprentice hourly rate is based on a percentage of the Level 4 adult rate in accordance with clause 18.1—Adult rates.
B.8.2 Full-time and part-time junior apprentices—other than waiting apprenticeship—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of junior apprentice hourly rate2

 

100%

125%

150%

225%

 

$

$

$

$

1st year

12.48

15.60

18.72

28.08

2nd year

14.75

18.44

22.13

33.19

3rd year

18.16

22.70

27.24

40.86

4th year – not attained standard of proficiency

21.56

26.95

32.34

48.51

4th year – attained standard of proficiency

22.70

28.38

34.05

51.08

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.8.3 Full-time and part-time junior apprentices—other than waiting apprenticeship—overtime rates

 

Monday to Friday

Weekends and rostered days off

Public holiday

First 2 hours

After 2 hours

 

% of junior apprentice hourly rate1

 

150%

200%

200%

225%

 

$

$

$

$

1st year

18.72

24.96

24.96

28.08

2nd year

22.13

29.50

29.50

33.19

3rd year

27.24

36.32

36.32

40.86

4th year – not attained standard of proficiency

32.34

43.12

43.12

48.51

4th year – attained standard of proficiency

34.05

45.40

45.40

51.08

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.8.4 Full-time and part-time junior apprentices—waiting apprenticeship—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of junior apprentice hourly rate2

 

100%

125%

150%

225%

 

$

$

$

$

1st 6 months

15.89

19.86

23.84

35.75

2nd 6 months

19.29

24.11

28.94

43.40

3rd 6 months

21.76

27.20

32.64

48.96

4th 6 months – not attained standard of proficiency

22.23

27.79

33.35

50.02

4th 6 months – attained standard of proficiency

22.70

28.38

34.05

51.08

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.8.5 Full-time and part-time junior apprentices—waiting apprenticeship—overtime rates

 

Monday to Friday

Weekends and rostered days off

Public holiday

First 2 hours

After 2 hours

 

% of junior apprentice hourly rate1

 

150%

200%

200%

225%

 

$

$

$

$

1st 6 months

23.84

31.78

31.78

35.75

2nd 6 months

28.94

38.58

38.58

43.40

3rd 6 months

32.64

43.52

43.52

48.96

4th 6 months – not attained standard of proficiency

33.35

44.46

44.46

50.02

4th 6 months – attained standard of proficiency

34.05

45.40

45.40

51.08

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.9 Full-time and part-time adult apprentices

NOTE: The adult apprentice rate applies only to adult apprentices who started their apprenticeship on or after 1 January 2014. Adult apprentices who started their apprenticeship before 1 January 2014 are not entitled to the adult apprentice rates.

B.9.1 The adult apprentice hourly rate is calculated in accordance with clause 19.5—Adult apprentices.
B.9.2 Full-time and part-time adult apprentices—other than waiting apprenticeship—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of adult apprentice hourly rate2

 

100%

125%

150%

225%

 

$

$

$

$

1st year

18.16

22.70

27.24

40.86

2nd year

19.49

24.36

29.24

43.85

3rd year

19.49

24.36

29.24

43.85

4th year – not attained standard of proficiency

21.56

26.95

32.34

48.51

4th year – attained standard of proficiency

22.70

28.38

34.05

51.08

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.9.3 Full-time and part-time adult apprentices—other than waiting apprenticeship—overtime rates

 

Monday to Friday

Weekends and rostered days off

Public holiday

First 2 hours

After 2 hours

 

% of adult apprentice hourly rate1

 

150%

200%

200%

225%

 

$

$

$

$

1st year

27.24

36.32

36.32

40.86

2nd year

29.24

38.98

38.98

43.85

3rd year

29.24

38.98

38.98

43.85

4th year – not attained standard of proficiency

32.34

43.12

43.12

48.51

4th year – attained standard of proficiency

34.05

45.40

45.40

51.08

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

B.9.4 Full-time and part-time adult apprentices—waiting apprenticeship—ordinary and penalty rates

 

Ordinary hours1

Saturday

Sunday

Public holiday

 

% of adult apprentice hourly rate2

 

100%

125%

150%

225%

 

$

$

$

$

1st 6 months

18.16

22.70

27.24

40.86

2nd 6 months

19.29

24.11

28.94

43.40

3rd 6 months

21.76

27.20

32.64

48.96

4th 6 months – not attained standard of proficiency

22.23

27.79

33.35

50.02

4th 6 months – attained standard of proficiency

22.70

28.38

34.05

51.08

1 Additional shift penalties apply in accordance with Table 14—Penalty rates.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.9.5 Full-time and part-time adult apprentices—waiting apprenticeship—overtime rates

 

Monday to Friday

Weekends and rostered days off

Public holiday

First 2 hours

After 2 hours

 

% of adult apprentice hourly rate1

 

150%

200%

200%

225%

 

$

$

$

$

B.8.3,

27.24

36.32

36.32

40.86

2nd 6 months

28.94

38.58

38.58

43.40

3rd 6 months

32.64

43.52

43.52

48.96

4th 6 months – not attained standard of proficiency

33.35

44.46

44.46

50.02

4th 6 months – attained standard of proficiency

34.05

45.40

45.40

51.08

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

NOTE: Clause 28.5—Time off instead of payment for overtime allows employees and employers to agree in writing to the employee taking time off instead of being paid for overtime.

Schedule C—Summary of Monetary Allowances

See clause 26—Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances
C.1.1 Weekly wage-related allowances

Allowance

Clause

% of standard weekly rate

$

Payable

Fork-lift driver allowance1—Part-time or casual fork-lift driver – prior to 23 January 2020 (see C.1.2 for the rate from 23 January 2020)

26.3(b)

0.30

2.59

per day

Fork-lift driver allowance1—Part-time or casual maximum payment – prior to 23 January 2020 (see C.1.2 for the rate from 23 January 2020)

26.3(b)

1.50

12.94

per week

First aid allowance—Full-time employee

26.12(b)(i)

1.20

10.35

per week

First aid allowance—Part-time or casual employee

26.12(b)(ii)

0.24

2.07

per day

First aid allowance—Part-time or casual maximum payment

26.12(b)(ii)

1.20

10.35

per week

Airport catering—supervisory allowance—Up to 5 employees

26.13

2.00

17.25

per week

Airport catering—supervisory allowance—6 to 10 employees

26.13

2.75

23.72

per week

Airport catering—supervisory allowance—11 to 20 employees

26.13

3.10

26.74

per week

Airport catering—supervisory allowance—More than 20 employees

26.13

5.20

44.85

per week

Split shift allowance—2 hours and up to 3 hours

26.14(b)(i)

0.33

2.85

per day

Split shift allowance—More than 3 hours

26.14(b)(ii)

0.50

4.31

per day

Overnight stay allowance—outside ordinary business operating hours

26.15(b)(i)

6.00

51.75

per overnight stay period

C.1.2 Hourly wage-related allowances

Allowance

Clause

% of standard hourly rate

$

Payable

Fork-lift driver allowance1

26.3(a)

1.50

0.34

per hour

C.1.3 Adjustment of wage–related allowances

C.2 Expense-related allowances
C.2.1 The expense-related allowances in this award will be adjusted by reference to the Consumer Price Index (CPI) as per the following:

Allowance

Clause

$

Payable

Meal allowance—overtime of more than 2 hours without required notice

26.4(b)(i)

13.38

per occasion

Clothing, equipment and tools – where a cook or apprentice cook is required to use their own tools—Per day or part day

26.5(a)

1.73

per day or part day

Clothing, equipment and tools – where a cook or apprentice cook is required to use their own tools—Per week (maximum)

26.5(a)

8.49

per week

Uniform/laundry allowance—catering employees, including airport catering employees—Full-time employees

26.6(d)

6.00

per week

Uniform/laundry allowance—catering employees, including airport catering employees—Part-time and casual employees

26.6(d)

2.05

per uniform laundered

Laundry allowance—motel employees—Per uniform

26.6(e)

2.40

per uniform laundered

Laundry allowance—motel employees—Per week (maximum)

26.6(e)

7.45

per week

Motor vehicle allowance

26.7(b)

0.78

per km

Travel allowance—airport catering employees

26.11

6.68

per day of attendance

C.2.2 Adjustment of expense-related allowances

C.3 Penalty rates

Penalty

Clause

% of standard hourly rate

$

Payable

Monday to Friday—7.00 pm to midnight

29.2

10

2.27

per hour or part thereof

Monday to Friday—midnight to 7.00 am

29.2

15

3.41

per hour or part thereof

C.4 Deductions for provision of employee accommodation and meals

NOTE 1: Clause 37—Deductions for provision of employee accommodation and meals sets out full details on deductions for provision of employee accommodation and meals.

NOTE 2: Deductions are not applicable to an employee to whom clause 25—Salaries absorption (Managerial Staff (Hotels)) applies.

C.4.1 Employees on adult rates

Column 1
Service provided by employer

Column 2
% of standard weekly rate

Column 3
Deduction

Column 4
Payable

   

$

  

Single room and 3 meals a day

25% of standard weekly rate

215.63

per week

Shared room and 3 meals a day

97.5% of 25% of standard weekly rate

210.24

per week

Single room only; no meals

95% of 25% of standard weekly rate

204.85

per week

Shared room only; no meals

92.5% of 25% of standard weekly rate

199.46

per week

A meal

-

8.21

per meal

C.4.2 Employees on junior rates

C.4.3 Adjustment of amount of deduction for meals only

(a) for the first increase, since 23 January 2020; and

(b) for any subsequent increase, since the amount was last increased under this clause.

   

Schedule D—School-based Apprentices
D.1 In this Schedule:
D.1.1 off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job; and
D.1.2 school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.
D.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement for an apprentice declared or recognised by the relevant State or Territory authority.
D.3 The relevant minimum hourly rates for full-time junior and adult apprentices provided for in this award apply to school-based apprentices for total hours worked, including time taken to be spent in off-the-job training.
D.4 Where an apprentice is a full-time school student, the time spent in off-the-job training, for which the apprentice must be paid, is 25% of the actual hours worked each week on-the-job. The wages paid for time spent in training may be averaged over the semester or year.
D.5 A school-based apprentice must be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
D.6 The duration of the apprenticeship must be as specified in the training agreement for each apprentice but must not exceed 6 years.
D.7 School-based apprentices progress through the relevant wage scale at the rate of 12 months’ progression for each 2 years of employment as an apprentice or at the rate of competency-based progression if provided for in this award.
D.8 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years’ duration) or stages of competency-based progression (if provided for in this award).

D.9 If an apprentice converts from school-based to full-time, the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.
D.10 School-based apprentices are entitled to all of the other conditions in this award on a proportionate basis.

Schedule E— Supported Wage System
E.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
E.2 In this schedule:

E.3 Eligibility criteria
E.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
E.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
E.4 Supported wage rates
E.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause E.5)
%

Relevant minimum wage
%

10

10

20

20

30

30

40

40

50

50

60

60

70

70

80

80

90

90

E.4.2 Provided that the minimum amount payable must be not less than $87 per week.
E.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
E.5 Assessment of capacity
E.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
E.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
E.6 Lodgement of SWS wage assessment agreement
E.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
E.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
E.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.

E.8 Other terms and conditions of employment

Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

E.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

E.10 Trial period
E.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.
E.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
E.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.
E.10.4 Work trials should include induction or training as appropriate to the job being trialled.
E.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause E.5.

Schedule F—Agreement for Time Off Instead of Payment for Overtime
Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started: ___/___/20___ ____ am/pm

Date and time overtime ended: ___/___/20___ ____ am/pm

Amount of overtime worked: _______ hours and ______ minutes

The employer and employee further agree that, if requested by the employee at any time, the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer
representative: ________________________________________

Signature of employer
representative: ________________________________________

Date signed: ___/___/20___

Schedule G—Agreement to Take Annual Leave in Advance
Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is: ____ hours/days

The leave in advance will commence on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if, on termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement, then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule H—Agreement to Cash Out Annual Leave
Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee: _____________________________________________

Name of employer: _____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is: ____ hours/days

The payment to be made to the employee for the leave is: $_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on: ___/___/20___

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer
representative: ________________________________________

Signature of employer
representative: ________________________________________

Date signed: ___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___

   

Schedule I—Part-day Public Holidays
I.1 This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.
I.2 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight, or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

I.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.
I.4 This schedule is not intended to detract from or supplement the NES.

Schedule J—Award Flexibility During the COVID-19 Pandemic
J.1 Schedule J operates from 24 March 2020 until 30 June 2020. The period of operation can be extended on application.
J.2 During the operation of Schedule J, the following provisions apply:
J.2.1 Classifications and duties

J.2.2 Hours of Work—Full-time and part-time employees

J.2.3 Annual leave

J.2.4 Dispute Resolution

Schedule X
—Additional Measures During the COVID-19 Pandemic
X.1 Subject to clause X.2.1(d), Schedule X operates from 8 April 2020 until 30 June 2020. The period of operation can be extended on application.
X.2 During the operation of Schedule X, the following provisions apply:
X.2.1 Unpaid pandemic leave