DETERMINATION

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

4 yearly review of modern awards
(AM2019/17)

ELECTRICAL, ELECTRONIC AND COMMUNICATIONS CONTRACTING AWARD 2010
[MA000025]

4 yearly review of modern awards – Electrical, Electronic and Communications Contracting Award 2010 – modern award varied.

A. Further to the decision [[2020] FWCFB 5307] issued by the Full Bench of the Fair Work Commission on 6 October 2020, the Electrical, Electronic and Communications Contracting 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 on 13 November 2020. In accordance with s.165(3) of the Fair Work Act 2009, this determination does not take effect in relation to a particular employee until the start of the employee's first full pay period that starts on or after 13 November 2020.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

Electrical, Electronic and Communications Contracting 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 6
5. Individual flexibility arrangements 8
6. Requests for flexible working arrangements 10
7. Facilitative provisions 11
Part 2— Types of Employment 12
8. Types of employment 12
9. Full-time employees 12
10. Part-time employees 12
11. Casual employees 13
12. Apprentices 14
Part 3— Hours of Work 16
13. Ordinary hours of work and rostering arrangements 16
14. Breaks 22
15. Inclement weather 24
Part 4— Wages and Allowances 24
16. Minimum rates and Classifications 24
17. Payment of wages 28
18. Allowances 30
19. Superannuation 37
Part 5— Overtime 38
20. Overtime 38
Part 6— Leave and Public Holidays 41
21. Annual leave 41
22. Personal/carer’s leave and compassionate leave 46
23. Parental leave and related entitlements 46
24. Community service leave 46
25. Unpaid family and domestic violence leave 46
26. Public holidays 47
Part 7— Consultation and Dispute Resolution 47
27. Consultation about major workplace change 47
28. Consultation about changes to rosters or hours of work 48
29. Dispute resolution 49
Part 8— Termination of Employment and Redundancy 49
30. Termination of employment 49
31. Redundancy 50
Schedule A —Classification Definitions 53
Schedule B —Summary of Hourly Rates of Pay 61
Schedule C —Summary of Monetary Allowances 74
Schedule D —School-based Apprentices 77
Schedule E —Supported Wage System 78
Schedule F —Agreement to Take Annual Leave in Advance 81
Schedule G —Agreement to Cash Out Annual Leave 82
Schedule H —Agreement for Time Off Instead of Payment for Overtime 83
Schedule I —Part-day Public Holidays 84

Part 1—Application and Operation of this Award

1. Title and commencement

1.1 This award is the Electrical, Electronic and Communications Contracting Award 2020.

1.2 This modern award 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

2.1 In this award, unless the contrary intention appears, the definitions in clause 2 will apply.

2.2 Skill streams

The award provides a career path in the following 5 broad skill streams within the electrical, electronic and communication contracting industries:
(a) Stream one—electrical

(i) Includes all electrical work normally associated with the work of an electrical mechanic, electrical fitter, electrician—special class and electronics tradesperson as defined in Schedule A—Classification Definitions.

(ii) Includes electronic work to the extent that electrician—special class and electronics tradesperson undertake electronic work.

(b) Stream two—electronics/communications

(i) Covers all types of electronic/communications work not requiring the full range of skills and training of an electrical tradesperson. It includes, but is not limited to the following:

• computers, peripherals and other electronic equipment;
• fire alarms, security alarm systems and surveillance systems (the definition of fire alarm industry and security alarm systems is found in clause 2.3);
• communications equipment and radio/television/public address; and
• other areas of work listed in clause 4.3.

(ii) Communications includes but is not limited to telecommunications.

(iii) Includes the work described in Schedule A—Classification Definitions, of this award within the definitions of:

• electronic equipment tester/installer;
• television antenna installer/erector;
• alarm/security technician;
• electronic serviceman;
• television/radio/electronic serviceperson; and
• alarm/security tester.

(c) Stream three—instrumentation

Includes instrument and instrumentation work normally associated with the work of instrument tradespeople, electrical/instrument tradespeople, instrument trades—complex systems and instrumentation and controls tradespeople.

(d) Stream four—refrigeration/air-conditioning

Includes work in or in connection with refrigeration and air-conditioning, plant, equipment or systems.

(e) Stream five—lines/cable work (power distribution)

Includes all the work normally associated with the work of lines tradespeople and/or cable jointers and work in or in connection with, or incidental to the making, installation and maintenance of electrical/electronic distribution lines and systems.

2.3 Other definitions

Act means the Fair Work Act 2009 (Cth).
adult apprentice means a person of 21 years of age or over at the time of entering into a training contract for an apprenticeship in accordance with clause 12—Apprentices of this Award.
afternoon shift means any shift finishing after 6.00 pm and at or before midnight.
all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings including payments for overtime, payments while they are on all forms of paid leave, public holidays and pro rata payments on termination.
apprentice means a person who has entered into a training contract for an apprenticeship in accordance with clause 12—Apprentices of this Award.
communications includes but is not limited to telecommunications.
continuous shiftworker means an employee regularly engaged to work in a system of consecutive shifts throughout the 24 hours of each of at least 5 consecutive days without interruption (except during breakdown or meal breaks or due to unavoidable causes beyond the control of the employer) and who is regularly rostered to work those shifts.
contractor means any entity who or which contracts to provide electrical services as defined in clause 4.3.
crib time as used in clauses 13.10, 13.11 and 20—Overtime of this award will take the place of any meal break during overtime or shiftwork and will be taken without loss of pay at the appropriate rate.
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).
distant work is that in respect of which the distance or the travelling facilities to and from such place of work make it reasonably necessary that the employee should live and sleep at some place other than their usual place of residence at the time of commencing such work.
electrical services has the meaning given in clause 4.3.
employee means national system employee within the meaning of the Act.
employer means national system employer within the meaning of the Act.
exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
fire alarm systems means the industry and trades which are concerned with the installation, repair, modification, maintenance, testing and servicing of fire alarms, detectors, fire-suppression signs, bells and associated equipment.
leading hand means any electrical worker (other than a supervisor or foreperson) who is placed in charge of work on which 3 or more employees, in addition to the electrical worker, are engaged.
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).
NES means the National Employment Standards as contained in sections 59 to 131 of the Act.
night shift means any shift finishing after midnight and at or before 8.00 am.
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.
ordinary hourly rate means the hourly rate for an employee’s classification specified in clause 16.2, plus the industry allowance. Where an employee is entitled to additional all-purpose allowances, these allowances form part of that employee’s ordinary hourly rate.
rostered day off means the weekday, not being a holiday, that an employee has off duty when working in accordance with an average hours system.
rostered shift means any shift of which the employee has had at least 48 hours’ notice.
security alarm systems means the industry and trades which are connected with the installation, maintenance, monitoring, controlling, repairing or testing of any electrical, electronic, or acoustic equipment or device, or any combination thereof which includes any intruder alarm system incorporating closed circuit television, video or photographic systems, electronic, electromechanical access control systems, any computer hardware systems and/or computer software including ancillary equipment or any external or internal lighting device used for any commercial, industrial, domestic or governmental purpose.
service has the same meaning as section 22 of the Act, provided that service will be deemed to be continuous notwithstanding any interruption or termination of the employment by the employer if such interruption or termination has occurred merely with the intention of avoiding obligations under this award or the NES.
standard rate means the minimum rate for an Electrical worker grade 5 in clause 16.2.
work cycle means a roster cycle made up of working and non-working days.

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 the award and the NES are available to all employees to whom they apply, either on a notice board which is conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This industry award covers employers throughout Australia in the industry of electrical services provided by electrical, electronics and communications contractors and their employees in the classifications within Schedule A—Classification Definitions to the exclusion of any other modern award.

4.2 Without limiting the generality of that exclusion, the award does not cover:

(a) employers who are manufacturers or vendors of plant or equipment in high or low tension power stations; and/or substations for the generation and/or transmission of electric power in respect of the manufacturing section of the business or their employees engaged in that section; or

(b) employers operating a business, the primary purpose of which is the manufacture and/or vending of plant and equipment in respect of those parts or divisions of the business which predominantly engage in the manufacture and/or vending of plant and equipment or the installation, assembly, refurbishment and maintenance of that plant and equipment or their employees engaged in that part or division.

4.3 For the purposes of clause 4.1, electrical services includes:

(a) the maintenance of electric power distribution lines and all associated work; and/or

(b) the installation of electric light and power, all classes of assembly, wiring, repair and maintenance of electrical installations and appliances including, without in any way limiting the generality of the foregoing, the assembling, installing, diagnosing, servicing and rectifying of faults in any of the following:

• electronic products (e.g. television receivers, video cassette recorders, audio equipment/systems, home computers, etc) and any combination of these products together with ancillary devices and/or equipment;
• television and radio transmitting devices including: LF (low frequency); HF (high frequency); VHF (very high frequency); UHF (ultra high frequency); and CB radios;
• telemetry systems and ancillary equipment;
• multiple access television distribution systems;
• computers and their peripherals;
• microwave and associated equipment;
• electrically operated refrigeration and air conditioning plant and/or equipment;
• telephone communication devices;
• fibre optic transmission lines and associated equipment;
• public address systems;
• domestic satellite television receivers;
• maritime electronic equipment (including depth sounders, radar, etc);
• security alarm systems;
• fire alarm systems;
• superconductivity systems and associated equipment;
• electromagnetic devices;
• instrumentation; and
• all work incidental to the above.

4.4 This award covers any employer which supplies labour on an on-hire basis in the electrical services industry in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. Clause 4.4 operates subject to the exclusions from coverage in this award.

4.5 This award covers employers which provide group training services for apprentices and/or trainees engaged in the electrical services industry and/or parts of that industry and those apprentices and/or trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. Clause 4.5 operates subject to the exclusions from coverage in this award.

4.6 This award does not cover:

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

(b) employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees; or

(c) employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees.

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

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

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal; and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

(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).

NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

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

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

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.
NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances, as set out in section 65(1A). Clause 6 supplements or deals with matters incidental to the NES provisions.
NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on ‘reasonable business grounds’ (see section 65(5) and (5A)).
NOTE 3: Clause 6 is an addition to section 65.

6.2 Responding to the request

Before responding to a request made under section 65, the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

(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.

NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days, stating whether the employer grants or refuses the request (section 65(4)).
NOTE 2: If the employer refuses the request, then the written response must include details of the reasons for the refusal (section 65(6)).

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:

(i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances; and

(ii) if the employer can offer the employee such changes in working arrangements, set out those changes in working arrangements.

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

If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee, then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

6.5 Dispute resolution

Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6, can be dealt with under clause 29—Dispute resolution.

7. Facilitative provisions

7.1 A facilitative provision provides that the standard approach in an award provision may be departed from by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned.

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

Part 2—Types of Employment

8. Types of employment

An employee may be engaged on a full-time, part-time or casual basis.

9. Full-time employees

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

10. Part-time employees

10.1 A part-time employee is an employee who is engaged to work on a part-time basis for a constant number of hours for less than 38 hours per week.

10.2 An employee engaged on a part-time basis will be entitled to payment in respect of annual leave, public holidays, and personal/carer’s leave arising under this award and/or the NES on a proportionate basis.

10.3 For each ordinary hour worked, a part-time employee will be paid no less than the ordinary hourly rate for the relevant classification plus any applicable allowances.

10.4 An employer must inform a part-time employee upon engagement of the ordinary hours of work and starting and finishing times.

10.5 Part-time employees—public holidays

(a) Where the normal hours of a part-time employee fall on a public holiday and work is not performed by the employee, such employee will not lose pay for the day.

(b) Where the employee works on the holiday, such employee must be paid in accordance with clauses 13.15 and 20.4(b).

10.6 Part-time employees—overtime

A part-time employee will not be required to work outside of the hours advised in accordance with clause 10.4 unless there are urgent and/or unforeseen circumstances. In such a case, the overtime provisions of clause 20—Overtime, will apply.

11. Casual employees

11.1 A casual employee is one engaged and paid as a casual employee. A casual employee’s ordinary hours of work are the lesser of an average of 38 hours per week or the hours required to be worked by the employer.

11.2 For each hour worked, a casual employee will be paid no less than the ordinary hourly rate of pay for their classification in clause 16—Minimum rates and Classifications, plus a casual loading of 25%.

11.3 The casual loading is paid instead of annual leave, paid personal/carer’s leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment.

11.4 The provisions of clause 20—Overtime and clause 13.13—Shift allowances apply to casual employees.

11.5 Casual conversion to full-time or part-time employment

(a) A casual employee, other than an irregular casual employee, who has been engaged by a particular employer for a sequence of periods of employment under this award during a period of 6 months, thereafter has the right to elect to have their contract of employment converted to full-time or part-time employment if the employment is to continue beyond the conversion process.

(b) For the purposes of clause 11.5(a), an irregular casual employee is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

(c) Every employer of such an employee must give the employee notice in writing of the provisions of clause 11.5 within 4 weeks of the employee having attained such period of 6 months. The employee retains their right of election under clause 11.5 if the employer fails to comply with the clause.

(d) Any such casual employee who does not within 4 weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment is deemed to have elected against any such conversion.

(e) Any casual employee who has a right to elect under clause 11.5(a), on receiving notice under clause 11.5(c) or after the expiry of the time for giving such notice, may give 4 weeks’ notice in writing to the employer that they seek to elect to convert their contract of employment to full-time or part-time employment, and within 4 weeks of receiving such notice the employer must consent to or refuse the election but must not unreasonably refuse.

11.6 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.

12. Apprentices

12.1 State or Territory legislation to apply to apprentices

(a) The terms of this award will apply to apprentices, except where it is otherwise stated or where special provisions are stated to apply. Apprentices may be engaged in trades or occupations provided for in clause 12.2(c) where declared or recognised by an apprenticeship authority which is established under State or Territory legislation.

(b) Subject to appropriate State legislation, an employer must not employ an unapprenticed junior in a trade or occupation provided for in clause 12.

12.2 Operation of State laws

(a) In any State in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.

(b) Where it is consistent with State legislation, an apprentice may be engaged under a training agreement approved by a relevant State/Territory apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for apprenticeship in the trade training package determined from time to time by the EE-0Z Industry Skills Council (ElectroComms and EnergyUtilities Industry Skills Council) and endorsed by the National Skills Standards Council.

(c) Subject to clause 12.1(a), a trainee apprentice or indentured apprentice will be employed in any of the following trades:

• electrical;
• instrumentation;
• electronic/communications;
• refrigeration air-conditioning; or
• power lines work and cable jointing.

12.3 In order to undertake trade training, a person must be a party to a contract of apprenticeship or a training agreement in accordance with the requirements of the apprenticeship authority or State legislation. The employer must provide training and/or provide access to training consistent with the contract or training agreement without loss of pay.

12.4 Time spent by an apprentice, in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 12.4 operates subject to the provisions of Schedule D—School-based Apprentices.

12.5 Excess travel costs for block release training

(a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and the training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Clause 12.5 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(b) For the purposes of clause 12.5(a) excess reasonable travel costs include the total cost of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, in excess of the travel and expenses allowance payable under clause 18.6. For the purposes of clause 12.5(a) excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(c) The amount payable by an employer under clause 12.5(a) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

12.6 An apprenticeship may be cancelled or suspended only in accordance with the requirements of the contract of apprenticeship or training agreement and the requirements of State legislation and the relevant apprenticeship authority.

12.7 The probationary period of an apprentice will be as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with the State legislation but must not exceed 3 months.

12.8 Training costs

(a) An apprentice attending technical colleges, schools, registered training organisations or TAFE must be reimbursed by the employer, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the registered training organisation commencing the training, whichever is the later, unless there is unsatisfactory progress:

(i) all fees paid by the apprentice less any amount paid to the apprentice for reimbursement of these fees by a government; and

(ii) any costs associated with prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) incurred by an employee in connection with training specified in, or associated with, the training contract.

(b) Direct payment of the fees and textbooks, within 6 months from the commencement of the apprenticeship or the relevant stage of the apprenticeship, by an employer to the training provider satisfies the requirement for reimbursement in clause 12.8(a).

12.9 Except as provided in clause 12 or where otherwise stated all conditions of employment specified in the award will apply to apprentices. The ordinary hours of employment of apprentices must not in each enterprise exceed those of the relevant tradesperson.

12.10 Subject to clause 12.15 the period of apprenticeship will be 4 years. The period may be varied with approval of the apprenticeship authority provided that any credits granted will be counted as part of the apprenticeship for the purpose of wage progression under clause 16.4—Apprentice minimum rates.

12.11 No apprentices under the age of 18 years will be required to work overtime or shiftwork unless they so desire. No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance in training consistent with the contract of apprenticeship or training agreement.

12.12 No apprentice will work under a system of payment by results.

12.13 Apprentices attending technical college on a rostered day off

An apprentice working in an establishment under a particular work cycle in accordance with clause 13.4 who attends technical college on a rostered day off, must be afforded another ordinary working day off as substitution for the rostered day off. Any substituted day must be taken in the current or next succeeding work cycle.

12.14 Employment of minors

(a) An employer must not employ minors in any trade covered by the classifications of this award where the relevant State apprenticeship authority has prescribed such classifications as an apprenticeship trade.

(b) A minor may be taken on as a probationary apprentice for 3 months and, if apprenticed, such 3 months will count as part of their period of apprenticeship.

12.15 Effect on period of apprenticeship of lost time

(a) If, during the period of apprenticeship, an apprentice has served less than the ordinary working days prescribed by this award or has been unlawfully absent from work, then for every day short or absent the apprentice will serve an additional day in the apprenticeship period.

(b) In calculating the extra time to be so served, the apprentice will be credited with time which the apprentice has worked during the relevant year in excess of the apprentice’s ordinary hours.

Part 3—Hours of Work

13. Ordinary hours of work and rostering arrangements

13.1 Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

13.2 Ordinary hours of work—day workers

The ordinary hours of work in clause 13 may be worked Monday to Friday, inclusive.

13.3 Spread of hours—day workers

The ordinary hours of work will be 6.00 am to 6.00 pm, provided that:

(a) the usual starting and finishing time within the spread of hours may not be varied except by agreement of the employer and individual employee or the majority of the employees concerned; and

(b) the spread of hours may be altered as to all or a section of the employees by agreement of the employer and individual employee or the majority of the employees.

13.4 Work cycles—day workers

The ordinary hours of work for day workers will be an average of 38 per week to be worked on one of the following bases:

(a) 38 hours within a work cycle not exceeding 7 consecutive days;

(b) 76 hours within a work cycle not exceeding 14 consecutive days;

(c) 114 hours within a work cycle not exceeding 21 consecutive days; or

(d) 152 hours within a work cycle not exceeding 28 consecutive days.

13.5 Twelve hour shifts

By agreement between the employer and the majority of employees concerned, ordinary hours not exceeding 12 on any day may be worked subject to:

(a) proper health monitoring procedures being introduced;

(b) suitable roster arrangements being made; and

(c) proper supervision being provided.

13.6 Late comers

(a) An employer may select and utilise for time-keeping purposes, any fractional or decimal proportion of an hour (not exceeding quarter of an hour), and may apply such proportion in the calculation of the working time of employees who, without reasonable cause which is promptly communicated to the employer, report for duty after their appointed starting times or cease duty before their appointed finishing times.

(b) An employer who adopts a proportion for the purpose of clause 13.6(a) may apply the same proportion for the calculation of overtime.

13.7 Implementation of 38 hour week

The ordinary hours of work may be arranged in accordance with one of the following:

(a) by employees working less than 8 ordinary hours each day; or

(b) by employees working less than 8 ordinary hours on one or more days in each week; or

(c) by employees working less than 8 ordinary hours on one or more days in each fortnight; or

(d) by fixing one weekday on which all employees will be off during a particular work cycle; or

(e) by rostering employees off on various days of the week during a particular work cycle so that each employee has one day off during that cycle.

13.8 Rostered day off

(a) Rostered day off for the purpose of this award is the weekday, not being a holiday, that an employee has off duty when working in accordance with an average hours system.

(b) Notice of rostered day off

Where an employee, in accordance with clause 13.7, is entitled to a day off during the employee’s work cycle, they must be advised by the employer at least 4 weeks in advance of the weekday the employee is to take off.

(c) Rostered day off not to coincide with public holiday

Where an employee’s ordinary hours are arranged in accordance with clause 13.7, the weekday or part of the weekday taken off must not coincide with a public holiday as prescribed in the NES.

(d) Substitution of rostered day off

(i) An employer may substitute the day an employee is to take off in accordance with clauses 13.7(d) and 13.7(e) for another day and require the employee to work on that day off if such work is necessary to allow other employees to be employed productively or to carry out out-of-hours maintenance or because of unforeseen delays to a particular project or a section of it or for other reasons arising from unforeseen or emergency circumstances on a project.

(ii) If a substitute day off is not granted, then the employee must be paid in addition to the payment for the day off, for work performed in ordinary hours at the rate of 150% of the ordinary hourly rate, and for work outside ordinary hours, at the rate of 200% of the ordinary hourly rate.

(iii) An individual employee, with the agreement of the employer, may substitute the day the employee is to take off for another day.

(iv) Any substitute day off must be taken either in the current work cycle or in the next succeeding work cycle.

(v) Where any employee, in accordance with clauses 13.7(d) and 13.7(e) is entitled to a day off during the employee’s work cycle and that day off falls on a public holiday, as prescribed in the NES, the next working day will be substituted as the day off unless an alternate day in that work cycle or the next succeeding work cycle is adopted by agreement between the employer and the employee.

(vi) In clause 13.8 the reference to a day or working day may also be taken as reference to a part day or part working day as the case may be and is appropriate.

(e) Calculation of weekly wage rates—Rostered day off (RDO) system

Where an employee’s ordinary hours in a week are greater or less than 38 hours and such employee’s pay is averaged to avoid fluctuating wage payments, the following is to apply:

(i) the employee will accrue a credit for each day they work ordinary hours in excess of the daily average;

(ii) the employee will not accrue a credit for each day of absence from duty, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service; and

(iii) an employee absent for part of a day, other than on annual leave, long service leave, public holidays, paid personal/carer’s leave, workers compensation, paid compassionate leave, paid training leave or jury service, accrues a proportion of the credit for the day, based on the proportion of the working day that the employee was in attendance.

13.9 Rest break

Employees must be allowed a rest break of 10 minutes on each day between the time of commencing work and the usual meal break. The rest break must be counted as part of time worked.

13.10 Ordinary hours of work—continuous shiftwork

(a) Clause 13.10 will only apply to continuous shiftworkers as defined in clause 2.3.

(b) The ordinary hours of continuous shiftworkers must average 38 hours per week inclusive of crib time and must not exceed 152 hours in 28 consecutive days.

(c) Continuous shiftworkers must work at such times as the employer may require, subject to the following conditions:

(i) A shift must not exceed 8 ordinary hours, inclusive of crib time. Provided that by mutual agreement between the employer and an employee or majority of employees concerned, a shift may be up to 12 ordinary hours;

(ii) Except at the regular change over of shifts, an employee must not be required to work more than one shift in each 24 hours;

(iii) 20 minutes must be allowed to continuous shiftworkers each shift for crib which must be counted as time worked; and

(iv) An employee must not be required to work for more than 5 hours without a break for a meal.

13.11 Ordinary hours of work—other than continuous shiftwork

(a) Clause 13.11 will apply to shiftworkers working on other than continuous shiftwork.

(b) The ordinary hours of work must be an average of 38 per week, to be worked in one of the following shift cycles;

(i) 38 hours within a period not exceeding 7 consecutive calendar days; or

(ii) 76 hours within a period not exceeding 14 consecutive calendar days; or

(iii) 114 hours within a period not exceeding 21 consecutive calendar days; or

(iv) 152 hours within a period not exceeding 28 consecutive days.

(c) Shiftworkers working on other than continuous shiftwork must work at such times as the employer may require, subject to the following conditions:

(i) A shift must not exceed 8 ordinary hours inclusive of crib time. Provided that by mutual agreement between the employer and an employee or majority of employees concerned, a shift may be up to 12 ordinary hours.

(ii) The ordinary hours must be worked continuously.

(iii) The timing of crib time is at the discretion of the employer, provided that an employee must not be required to work for more than 5 hours without a break for crib time.

(iv) Except at the regular change-over of shifts, an employee must not be required to work more than one shift in each 24 hours.

13.12 Rosters

A shift roster must specify the commencing and finishing times of ordinary hours of work of each shift.

13.13 Shift allowances

(a) An employee whilst on afternoon or night shift as defined in clause 2.3 must be paid for such shift at 115% of the employee’s ordinary hourly rate.

(b) An employee who works on an afternoon or night shift which does not continue for at least 5 successive afternoons or nights must be paid for such shift at 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate thereafter.

(c) An employee is on permanent night shift when the employee:

(i) during a period of engagement on shift, works night shift only;

(ii) remains on night shift for a longer period than 4 consecutive weeks; or

(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle.

(d) An employee on permanent night shift must, during such engagement, period or cycle, be paid 130% of the employee’s ordinary hourly rate for all ordinary hours worked on the night shift.

13.14 Rate for working on Saturday shifts

The minimum rate to be paid to a shiftworker for work performed between midnight on Friday and midnight on Saturday is 150% of the ordinary hourly rate. The extra rate is in substitution for and not cumulative upon the shift premiums prescribed in clause 13.13.

13.15 Rate for working on a Sunday and public holiday shifts

(a) The rate at which continuous shiftworkers are to be paid for work on a rostered shift, the major portion of which is performed on a Sunday or public holiday, is 200% of the ordinary hourly rate.

(b) The rate at which shiftworkers on other than continuous work are to be paid for all time worked on a Sunday or public holiday is as follows:

(i) Sunday—200% of the ordinary hourly rate.

(ii) Public holidays—250% of the ordinary hourly rate.

(c) Where shifts commence between 11.00 pm and midnight on a Sunday or public holiday, the time so worked before midnight does not entitle the employee to the Sunday or public holiday rate for the shift. However, the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday will be regarded as time worked on the Sunday or public holiday.

(d) Where shifts fall partly on a public holiday, the shift that has the major portion falling on the public holiday will be regarded as the holiday shift.

(e) The extra rates in clause 13.15 are in substitution for and not cumulative upon the shift premiums prescribed in clause 13.13.

13.16 Overtime on shiftwork

(a) Subject to clause 13.16(b), for all time worked in excess of or outside the ordinary hours of work prescribed by this award or on a shift other than a rostered shift, a shiftworker must be paid:

(i) if employed on continuous shiftwork—at the rate of 200% of the ordinary hourly rate; or

(ii) if employed on other than continuous shiftwork—at the rate of 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate thereafter.

(b) Clause 13.16(a) does not apply where the time is worked:

(i) by arrangement between the employees themselves;

(ii) for the purpose of effecting customary rotation on shifts; or

(iii) on a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances which would entitle the employer to deduct payment for a day in accordance with the Act. Provided that when less than 8 hours’ notice has been given to the employer by a relief worker that the relief worker will be absent from work and the employee whom the relief worker should relieve is not relieved and is required to continue to work on the employee’s rostered day off, the unrelieved employee must be paid 200% of the ordinary hourly rate.

(c) Such extra rates will be in substitution for and not cumulative upon the shift premiums.

13.17 Rest period after shiftwork

(a) A shiftworker, when going on shift, changing shift or returning to day work must have at least 10 consecutive hours off duty on completion of day work, shiftwork and any overtime and must not suffer any loss of pay for any ordinary time, or any ordinary shift time as is appropriate in the circumstances for any such off duty period.

(b) If, on the instructions of the employer, the employee resumes or continues to work without having had 10 consecutive hours off duty, the employee must be paid at 200% of the ordinary hourly rate until released from duty and then be entitled to 10 hours off duty and must not suffer any loss of pay for any ordinary time, or any ordinary shift time as is appropriate in the circumstances, for any such off duty period.

13.18 Daylight saving

For work performed which spans the start or finish of a system of daylight saving as prescribed by relevant State or territory legislation, an employee will be paid according to adjusted time (i.e. the time on the clock at the beginning of work and the time on the clock at the end of work where the clock in each case is set to the time according to the relevant legislation).

14. Breaks

14.1 Meal breaks and rest breaks

(a) An employee, other than a shiftworker, is entitled to an unpaid meal break of at least 30 minutes after every 6 hours worked.

(b) A shiftworker is entitled to a paid meal break of 20 minutes per shift.

(c) The timing of meal breaks will be at the discretion of the employer. Provided that an employee (other than a shiftworker) must not be compelled to work for more than 6 hours without a break for a meal. Where possible the normal meal break should be as near as practicable to the middle of the period of duty or shift.

14.2 Payment for work during meal break

(a) Except as provided in clause 14.2(b), all work done during the normal meal break and thereafter until a meal break is allowed, must be paid at 150% of the ordinary hourly rate.

(b) Subject to the provisions of clause 14.1, an employee employed on regular maintenance work must work during meal breaks at the ordinary hourly rate whenever instructed to do so for the purpose of making good breakdowns of plant or upon routine maintenance of plant which can only be done while such plant is idle.

14.3 Rest breaks during overtime

(a) An employee must be allowed a paid rest break of 20 minutes after each 4 hours of overtime worked, if the employee is required to continue work after the rest break. Provided that where a day worker on a 5 day week is required to work overtime on a Saturday, the first prescribed rest break, if occurring between 10.00 am and 1.00 pm, must be paid at the ordinary hourly rate.

(b) The employer and an employee may agree to any variation of clause 14.3(a) to meet the circumstances of the workplace, provided that the employer is not required to make any payment in excess of or less than what would otherwise be required under clause 14.3(a).

14.4 Minimum break between work on successive days or shifts

(a) Employees other than shiftworkers

(i) When overtime work is necessary it must, wherever reasonably practicable, be arranged so that an employee has at least 10 consecutive hours off work between work on successive working days.

(ii) An employee (other than a casual employee) who works so much overtime between the termination of work on one day and the commencement of work on the next day that the employee has not had at least 10 consecutive hours off work between those times must be released after completion of the overtime until the employee has had 10 consecutive hours off work without loss of pay for ordinary working time occurring during such absence.

(iii) If on the instructions of the employer an employee resumes or continues work without having had the 10 consecutive hours off work, the employee must be paid at the relevant overtime rate until released from work for such period. The employee is then entitled to be absent until they have had 10 consecutive hours off work without loss of pay for ordinary working time occurring during the absence.

(b) Shiftworkers

For shiftworkers, the required period of consecutive hours off work is 8 hours. Other arrangements are as per clauses 14.4(a)(i) to (iii) above.

15. Inclement weather

15.1 Definition of inclement weather

Inclement weather means the existence of abnormal and extreme climatic conditions by virtue of which it is either not reasonable or not safe for employees exposed to continue working for the duration of such conditions.

15.2 Conference procedure for inclement weather

The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in clause 15 apply.

15.3 Transfer of work site due to inclement weather

(a) Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site or to another site which is not affected by inclement weather.

(b) Employees may be transferred from one site to another and the employer provides transport where necessary.

15.4 Payment for lost time due to inclement weather

(a) An employee will be entitled to payment by the employer for ordinary time lost through inclement weather whilst such conditions prevail.

(b) An employee will not be entitled to payment for time lost through inclement weather as provided for in clause 15.4(a) unless the provisions of clause 15 have been observed.

Part 4—Wages and Allowances

16. Minimum rates and Classifications

16.1 The definitions of the classification levels in clause 16 are contained in Schedule A—Classification Definitions.

16.2 The classifications and minimum rates for an employee, other than an apprentice, are set out in the following table:

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

16.3 Addition of other all-purpose allowances

(a) The all-purpose rate to be paid to an employee, other than an apprentice, will be the sum of the minimum rate in the table in clause 16.2, the industry allowance in clause 18.3(a), and, where applicable, the tool allowance in clause 18.3(g), the electrician’s licence allowance in clause 18.3(b), the leading hand allowance in clause 18.3(c), the nominee allowance in clause 18.3(d), the electrical distribution line maintenance and tree clearing allowance in clause 18.3(e) and the rate for ordering materials in clause 18.3(f).

(b) The weekly all-purpose rate of pay is payable for all purposes of the award and will be included as appropriate when calculating payments for overtime, all forms of paid leave, annual leave loading, public holidays and pro rata payments on termination.

16.4 Apprentice minimum rates

(a) Junior apprentice minimum rates

(i) Apprentices, other than adult apprentices, commencing their apprenticeship before 1 January 2014 will be paid the percentages of the minimum rate for the Electrical worker grade 5 classification in clause 16.2 as set out in the following table:

(ii) Apprentices, other than adult apprentices, commencing their apprenticeship on or after 1 January 2014 will be paid the percentages of the minimum rate for the Electrical worker grade 5 classification in clause 16.2 as set out in the following table:

(iii) In addition to the minimum wage payments arising from clause 16.4(a)(i) or clause 16.4(a)(ii), apprentices will be paid the full amount of the tool allowance in clause 18.3(g) and the fares allowances in clause 18.6(d) and the percentages shown in clause 16.4(a)(i) or clause 16.4(a)(ii) of the electrician’s licence allowance in clause 18.3(b), the travel time allowance in clause 18.6(c) and the industry allowance in clause 18.3(a). Any other special allowances in clauses 18.4 and 18.5 and allowances for travel and expenses in clauses 18.6 and 18.7 will be paid to apprentices on an ‘as incurred’ basis at the rate specified, subject to clause 18.2(b).

(iv) The weekly all-purpose rate to be paid to an apprentice will be the sum of the minimum wage rate arising from clause 16.4(a)(i) or clause 16.4(a)(ii), the full amount of the tool allowance in clause 18.3(g) and the percentages shown in clause 16.4(a)(i) or clause 16.4(a)(ii) of the electrician’s licence allowance in clause 18.3(b), and the industry allowance in clause 18.3(a). The weekly all-purpose rate of pay is payable for all purposes of the award and will be included as appropriate when calculating payments for overtime, all forms of paid leave, annual leave loading, public holidays and pro rata payments on termination.

(b) Adult apprentices minimum rates

(i) Where a person has been employed by an employer under this award immediately before commencing their adult apprenticeship with that employer, for at least 6 months as a full-time employee, or 12 months as a part-time or regular and systematic casual employee, that person must not suffer a reduction in their minimum wage by virtue of commencing their adult apprenticeship. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum rate that applies to the classification specified in clause 16.2 in which the adult apprentice was engaged immediately before commencing their adult apprenticeship.

(ii) Subject to clause 16.4(b)(i), adult apprentices commencing their apprenticeship before 1 January 2014 will be paid the percentages of the minimum rate for the Electrical worker grade 5 classification in clause 16.2 as set out in the following table:

(iii) In addition to the minimum wage payments arising from clause 16.4(b)(ii), adult apprentices commencing their apprenticeship before 1 January 2014 will be paid the full amount of the tool allowance in clause 18.3(g) and the fares allowances in clause 18.6(d), and the percentages shown in clause 16.4(b)(ii) of the travel time allowance in clause 18.6(c), the electrician’s licence allowance in clause 18.3(b) and the industry allowance in clause 18.3(a). Any other special allowances in clauses 18.4 and 18.5 and allowances for travel and expenses in clauses 18.6 and 18.7 will be paid to apprentices on an ‘as incurred’ basis at the rate specified, subject to clause 18.2(b).

(iv) The weekly all-purpose rate to be paid to an adult apprentice commencing their apprenticeship before 1 January 2014 will be the sum of the minimum rate arising from clause 16.4(b)(ii), the full amount of the tool allowance in clause 18.3(g) and the percentages shown in clause 16.4(b)(ii) of the electrician’s licence allowance in clause 18.3(b) and the industry allowance in clause 18.3(a). The weekly all-purpose rate of pay is payable for all purposes of the award and will be included as appropriate when calculating payments for overtime, all forms of paid leave, annual leave loading, public holidays and pro rata payments on termination.

(v) Subject to clause 16.4(b)(i), adult apprentices commencing their apprenticeship on or after 1 January 2014 will be paid as set out in the following table:

(vi) In addition to the minimum wage payments arising from clause 16.4(b)(v), adult apprentices commencing their apprenticeship on or after 1 January 2014 will be paid the full amount of the tool allowance in clause 18.3(g) and the fares allowances in clause 18.6(d), and the following percentages of the travel time allowance in clause 18.6(c), the electrician’s licence allowance in clause 18.3(b) and the industry allowance in clause 18.3(a): namely, 80% in the first year and 87% for each subsequent year. Any other special allowances in clauses 18.4 and 18.5 and allowances for travel and expenses in clauses 18.6 and 18.7 will be paid to apprentices on an ‘as incurred’ basis at the rate specified, subject to clause 18.2(b).

(vii) The weekly all-purpose rate to be paid to an adult apprentice commencing their apprenticeship on or after 1 January 2014 will be the sum of the minimum rate arising from clause 16.4(b)(v), the full amount of the tool allowance in clause 18.3(g) and the percentages set out in clause 16.4(b)(vi) of the electrician’s licence allowance in clause 18.3(b) and the industry allowance in clause 18.3(a). The weekly all-purpose rate of pay is payable for all purposes of the award and will be included as appropriate when calculating payments for overtime, all forms of paid leave, annual leave loading, public holidays and pro rata payments on termination.

16.5 School-based apprenticeship

For school-based apprentices, see Schedule D—School-based Apprentices.

16.6 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.

16.7 National training wage

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 November 2020. Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Electrical, Electronic and Communications Contracting Award 2020 and not the Miscellaneous Award 2020.

17. 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.

17.1 Except as provided in clause 17.2(a), wages including overtime, must be paid weekly, either:

(a) according to the actual ordinary hours worked each week; or

(b) according to the average number of ordinary hours worked each week.

17.2 Period of payment

(a) Wages may be paid fortnightly by agreement between the employer and the majority of employees. Agreement in this respect may also be reached between the employer and an individual employee.

(b) The pay period for the payment of wages ends at the usual time of ceasing work not more than 2 clear ordinary working days prior to the commencement of pay day. In any week in which a public holiday occurs one day after the normal pay day, wages are to be paid in that week 2 days prior to such public holiday. If an employee takes a rostered day off on a day which coincides with pay day, the employee must be paid not later than the working day immediately following pay day. Where the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

17.3 Method of payment

(a) Wages must be paid by cash, cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.

(b) In the case of an employee paid by cheque, if the employee requires it, the employer is to have a facility available during ordinary hours for the employee to cash the cheque.

17.4 Day off coinciding with pay day

Where an employee is paid wages by cash or cheque and the employee is, by virtue of the arrangement of their ordinary hours, to take a day off on a day which coincides with pay day, such employee must be paid no later than the working day immediately following pay day. However, if the employer is able to make suitable arrangements, wages may be paid on the working day preceding pay day.

17.5 Wages to be paid during working hours

Where an employee is paid wages by cash or cheque such wages are to be paid during ordinary working hours.

17.6 Payment of wages on termination of employment

(a) Upon termination of employment, the employer must pay an employee the wages due to the employee for any complete or incomplete pay period up to the end of the day of termination, by the end of the next business day after the day on which the employee’s employment was terminated.

(b) Where an employee is paid under a rostered day off system and has accrued a credit towards a rostered day off such credit must be taken into account in calculating wages due on termination.

(c) All other amounts due to an employee under this award or under the NES, other than those specified under clause 17.6(a), must be paid by no later than 7 days after the day on which the employee’s employment terminates.

(d) The requirement to pay wages and other amounts under clauses 17.6(a) and 17.6(c) is subject to further order of the Commission and the employer making deductions authorised by this award or Act.

NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid” to the employee payment instead of giving them notice.
NOTE 2: Clause 17.6(d) allows the Commission to make an order delaying the requirement to make a payment under clause 17.6(c). For example, the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.
NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act, may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

18. 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.

18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.6(a).

NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

18.2 Application of allowances

(a) All-purpose allowances

Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings including payments for overtime, payments while they are on all forms of paid leave, public holidays and pro rata payments on termination. The allowances in clause 18.3 are paid for all purposes under this award.

(b) Special allowances

(i) Special allowances are not cumulative. Where more than one of the disabilities which entitles an employee to the payment of a special allowance occurs, the employer will be bound to pay only one rate, being the highest rate for the applicable disabilities.

(ii) Special allowances are not subject to penalty additions. The special allowances will be paid irrespective of the times at which the work is performed, and will not be subject to any premium or penalty additions.

18.3 All-purpose allowances

(a) Industry allowance

An all-purpose allowance of $32.47 per week will be paid as compensation for the following disabilities associated with on-site work:

(i) climatic conditions when working in the open on all types of work;

(ii) the physical disadvantage of having to climb stairs or ladders;

(iii) the disability of dust and fumes blowing in the wind, brick dust and drippings from newly poured concrete;

(iv) sloppy and muddy conditions associated with the initial stages of on-site construction work;

(v) the disability of working on all types of scaffolding, excluding swing scaffolding; and/or

(vi) the lack of usual permanent amenities associated with factory work.

(b) Electrician’s licence allowance

An electrical worker who is an electrical mechanic who holds and in the course of their duties may be required to use an unrestricted licence must be paid an all-purpose allowance of $31.59 per week.

(c) Leading hands allowance

An employee specifically appointed to be a Leading hand must be paid the following additional amounts above the rates of the highest classification supervised, or their own rate, whichever is the highest, in accordance with the number of employees in their charge.

(d) Nominee allowance

An electrical mechanic who holds the relevant State electrical licence and acts as a nominee for an electrical contractor must be paid an additional all-purpose allowance of at least $80.74 per week.

(e) Electrical distribution line maintenance and tree clearing allowance

An all-purpose allowance of $67.58 per week must be paid to employees engaged on tree clearing and work associated with the maintenance of electrical distribution lines.

(f) Rate for ordering materials

(i) Clause 18.3(f) applies to employees engaged in the building and construction industry.

(ii) Subject to clause 18.3(f)(iii), when an employee is left in charge of a job which has a duration of one week or more, and is required to order materials for a job on which 2 employees (including the employee left in charge) are engaged, an all-purpose allowance of:

• $17.55 per week must be paid when 4 or more days in a pay period are spent on such duties; or
• $3.51 per day will be paid for periods shorter than 4 days.

(iii) The allowance in clause 18.3(f)(ii) is not payable to an employee receiving the leading hands allowance in clause 18.3(c).

(g) Tool allowance

For the purpose of an employee maintaining an adequate kit of tools, a tool allowance of $19.06 per week must be paid for all-purposes of the award to:

(i) Electrical workers at grade 5 and beyond;

(ii) Electrical workers performing the duties of television antenna installer/erector or television/radio/electronic equipment serviceperson.

18.4 Special allowances—wage-related

(a) Multistorey allowance

(i) Eligibility for multistorey allowance

A multistorey allowance must be paid to all employees on-site engaged in the construction of a multistorey building, to compensate for the disabilities experienced in, and which are peculiar to, the construction of a multistorey building.

(ii) Definition of multistorey building

For the purposes of clause 18.4(a) a multistorey building is a building which will, when complete, consist of 5 or more storey levels.
For the purposes of clause 18.4(a), a storey level means a structurally completed floor, walls, pillars or columns, and ceiling (not being false ceilings) of a building, and will include basement levels and mezzanine or similar levels (but excluding half floors such as toilet blocks or store rooms located between floors).

(iii) Multistorey allowance

Except as provided for in clause 18.4(a)(iv), the following allowances must be paid to all employees on the building site. The second and subsequent allowance scales will, where applicable, commence to apply to all employees when one of the following components of the building—structural steel, reinforcing steel, boxing or walls—rises above the floor level first designated in each such allowance scale.

floor level means that stage of construction which in the completed building would constitute the walking surface of the particular floor level referred to in the table of payments.
The allowance payable at the highest point of the building will continue until completion of the building.

(iv) Service cores

All employees employed on a service core at more than 15 metres above the highest point of the main structure must be paid the multistorey rate appropriate for the main structure calculated from the highest point reached by the main structure to the highest point reached by the service core in any one day period.
Employees employed on a service core no higher than 15 metres above the main structure must be paid the applicable multistorey allowance in clause 18.4(a)(iii).
Any section of a service core exceeding 15 metres above the highest point of the main structure will be disregarded for the purpose of calculating the multistorey allowance applicable to the main structure.

(b) Towers allowance

(i) An employee working on a chimney stack, spire, tower radio or television mast or tower, air shaft (other than above ground in a multistorey building), lift shaft, service shaft, cooling tower or silo, where the construction exceeds 15 metres in height will be paid:

• for all work above 15 metres an allowance of $0.74 per hour; and
• for work above each further 15 metres an additional allowance of $0.74 per hour.

(ii) Any similarly constructed building or a building not covered by clause 18.4(a)(ii) which exceeds 15 metres in height may be covered by clause 18.4(b), or by clause 18.4(a) by agreement or where no agreement is reached, by determination of the Fair Work Commission.

(c) First aid allowance

An employee who has been trained to perform first aid and who is the current holder of appropriate first aid qualifications such as a certificate from the St John Ambulance or similar body must be paid an allowance of $18.43 per week if the employee is appointed by the employer to perform first aid duty.

18.5 Special allowances—expense-related

(a) Meal allowance

(i) An employee required to work overtime for 2 or more hours without being notified on the previous day or earlier of the requirement to work must either be:

• supplied with a meal by the employer; or
• paid $15.83 for the first meal and for each subsequent meal.

(ii) Clause 18.5(a)(i) does not apply where the employee lives in the same locality as their employment and can reasonably return home for meals.

(iii) Unless the employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate a second or subsequent meal, the employer must provide a second and/or subsequent meals or make payment instead as prescribed in clause 18.5(a)(i).

(iv) If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised the employee must be paid for surplus meals which the employee has provided.

(b) Compensation for loss of tools

(i) Subject to clause 18.5(b)(ii), an employer must compensate an employee to a maximum trade value of $376.00 to replace tools lost by breaking and entering whilst securely stored at the employer’s direction in a room or building on the employer’s premises, job, workshop or in a lock-up.

(ii) Clause 18.5(b)(i) will not apply if the employer has requested the employee to supply the employer with a list of tools required to be kept on the job and the employee has not supplied such a list.

18.6 Travel and expenses

(a) General conditions

(i) Location of workshop or depot—upon the commencement of employment, the employer must notify the employee of the location of the employee’s workshop or depot or the employer’s registered office and such location will be recorded in the employee’s wages record and/or service record. For the purposes of clause 18.6, the workshop or depot or employer’s registered office must be the one notified to the employee pursuant to clause 18.6. Provided that, subject to 14 days’ notice, an employer may notify and record a changed registered office, workshop or depot if there are genuine operational requirements to do so but not for the purpose of avoiding obligations under clause 18.6.

(ii) Commencing on job—an employee required to work at a job away from their workshop or depot must, at the direction of their employer, present themself for work at such job at the usual time of starting work.

(b) Motor vehicle allowance

An employer must pay an employee a motor vehicle allowance of $0.78 per kilometre as compensation for expenses where the employee, by agreement with their employer, uses their own motor vehicle in the following cases:

(i) for the distance of the employee’s journey which is in excess of the distance of the journey between the employee’s home and their workshop or depot where the employee starts or finishes work at a job away from their workshop or depot; or

(ii) for the distance of the employee’s journey where the employee is recalled to work overtime after leaving their employer’s business; or

(iii) for the distance of the employee’s journey in travelling between their workshop or depot and a job or between jobs; or

(iv) for the distance of the employee’s journey in travelling to or from distant work.

(c) Travel time allowance

All employees must be paid an allowance of $6.08 for each day on which they present themselves for work. The allowance must also be paid for rostered days off.

(d) Start and/or finish on job

When required by the employer to start and/or cease work on the job site, employees will be entitled to the following allowances as appropriate:

(i) where the job site is situated up to 50 kilometres from the employer’s registered office or depot(s) an amount of $19.78 per day. Payment of this amount is instead of the provisions of clause 18.6(b)(i);

(ii) where the job site is situated more than 50 kilometres from the employer’s registered office or depot(s) the amount per day for the first 50 kilometres prescribed by clause 18.6(d)(i), plus a payment for travelling time for each occasion the distance in excess of 50 kilometres is travelled either to start work on the job site or after ceasing work on the job site, with a minimum payment of a quarter of an hour at the ordinary rate, plus payment for incidental expenses actually incurred other than private motor vehicle expenses in circumstances where a motor vehicle allowance is paid pursuant to clause 18.6(b)(i);

(iii) where the employer offers to provide transport free of charge, whether from the employee’s home or the employer’s registered office or depot(s) an amount of $3.55 per day instead of the amount in clause 18.6(d)(i); or

(iv) For the purpose of clause 18.6(d) an employer must not have more than one registered office or depot within a 50 kilometre radius.

(e) Start/finish at employer’s registered office

When the employee is required to start and finish work at the employer’s registered office or depot the allowances in clauses 18.6(b), 18.6(c) and 18.6(d) do not apply.

(f) Motor allowance for use of private vehicle for business purposes

An employee who in the service of their employer uses their own vehicle at the request of their employer will be paid $0.78 per kilometre.

(g) Entitlement

The allowances in clause 18.6 will not be taken into account when calculating overtime penalty rates, annual leave, personal/carer’s leave, long service leave or public holiday payments.

18.7 Living away on distant work

(a) Board and lodging

(i) Living away allowance—on distant work the employer must provide reasonable board and lodging or pay a living away allowance of $503.89 per week but such allowance will not be wages. In the case of broken parts of a week occurring at the beginning or end of a period of distant work the allowance will be all living expenses, actually and reasonably incurred, but not exceeding the said amount.

(ii) Standard of board and lodging—reasonable board and lodging for the purpose of clause 18.7(a) will mean lodging in a well kept establishment with adequate furnishing, good bedding, good floor coverings, good lighting and heating in either a single room or a twin room (for one employee) if a single room is not available, with hot and cold running water.

(iii) For all meals not included in the cost of fares or accommodation arranged by the employer an allowance of $15.83 per meal will be paid to the employee.

(b) Regular return home

(i) Except as provided in clause 18.7(b)(ii) an employee on distant work will, where practicable, be allowed to return home for the weekend at least once a month. Where the employee so returns home, all reasonable travelling expenses incurred will be reimbursed by the employer provided that the employee presents for work at the site at the normal starting time on the next working day.

(ii) The travelling expenses in clause 18.7(b)(i) will not be payable to an employee receiving the living away allowance in clause 18.7(a).

19. Superannuation

19.1 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.

19.2 Employer contributions

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

19.3 Voluntary employee contributions

(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 wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 19.2.

(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 three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 19.3(a) or 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.

19.4 Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) and 19.3(b) to one of the following superannuation funds or its successor:

(a) New South Wales Electrical Superannuation Scheme (NESS);

(b) Energy Super;

(c) Construction and Building Industry Super (Cbus);

(d) Energy Industries Superannuation Scheme (EISS);

(e) any superannuation fund which is an eligible choice fund that applies to employees in the principal business of the employer, where the employee covered by this award is in the minority of award-covered employees and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

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

Part 5—Overtime

20. Overtime

20.1 Payment for working overtime

(a) For all work done outside ordinary hours, the rates of pay will be 150% of the ordinary hourly rate for the first 2 hours and 200% of the ordinary hourly rate thereafter.

(b) Except as provided in clause 14.4, in calculating overtime each day’s work will stand alone.

20.2 Reasonable overtime

(a) Subject to section 62 of the Act and clause 20.2, 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 20.2 the following must be taken into account:

(i) any risk to employee health and safety from working the additional hours;

(ii) the employee’s personal circumstances, including family responsibilities;

(iii) the needs of the workplace or enterprise in which the employee is employed;

(iv) whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working additional hours;

(v) any notice given by the employer of any request or requirement to work the additional hours;

(vi) any notice given by the employee of his or her intention to refuse to work the additional hours;

(vii) the usual patterns of work in the industry, or the part of an industry, in which the employee works;

(viii) the nature of the employee’s role, and the employee’s level of responsibility;

(ix) whether the additional hours are in accordance with averaging terms of clause 24 in this award inserted pursuant to section 63 of the Act, that applies to the employee; and

(x) any other relevant matter.

20.3 Minimum payment

An employee required to work overtime on a Saturday, Sunday, rostered day off or public holiday must be paid a minimum of 4 hours at the appropriate overtime rate.

20.4 Sunday and public holiday work

(a) Payment for Sunday work

Work done on Sundays must be paid at 200% of the ordinary hourly rate.

(b) Payment for public holiday work

Work done on a public holiday must be paid at 250% of the ordinary hourly rate.

20.5 Call-back

(a) Subject to clause 20.5(b), an employee recalled to work overtime after leaving the employer’s business premises or the jobs at which the employee is engaged (whether notified before or after leaving) must be paid for a minimum of 4 hours’ work at the appropriate rate for each time the employee is so recalled.

(b) Clause 20.5(a) will not apply where it is customary for an employee to return to work to perform a specific job outside normal working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time.

20.6 Availability for duty

Where an employee is on availability duty, the employee must be paid an availability for duty allowance of $77.23 per week and if required to work must be paid at the appropriate rate for actual time worked.

(a) Availability duty means that the employee concerned must be available to the employer by means of telephone at any time the employee is receiving the availability for duty allowance.

(b) Actual time worked means the time taken from leaving the employee’s home to return thereto and in the case of a single call out, the employee must be paid for a minimum of 2 hours at the appropriate rate.

20.7 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 20.7.

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

(i) the number of overtime hours to which it applies and when those hours were worked;

(ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(iii) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;

(iv) that any payment mentioned in clause 20.7(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 20.7 is set out at Schedule H—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule H—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 20.7 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

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

EXAMPLE: By making an agreement under clause 20.7 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

(i) within the period of 6 months after the overtime is worked; and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.7 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.7(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 20.7 as an employee record.

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

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 20.7 will apply, including the requirement for separate written agreements under clause 20.7(b) for overtime that has been worked.

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 20.7 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.7.

Part 6—Leave and Public Holidays

21. Annual leave

21.1 Leave entitlement

(a) Annual leave is provided for in the NES.

(b) For the purpose of the additional week of annual leave provided for in the NES, a shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays.

21.2 Payment for annual leave

(a) The NES prescribes the basis for payment for annual leave, including payment for untaken leave upon the termination of employment.

(b) Instead of the base rate of pay specified in the NES, an employee under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period, exclusive of payments in respect of overtime, shift loading, weekend penalty rates, special rates, travel and fares or any other payment which might have been payable to the employee as a reimbursement for expenses incurred.

21.3 Electronic funds transfer (EFT) payment of annual leave

Despite anything else in clause 21, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

21.4 Annual leave loading

In addition to the payment provided for in clause 21.2, an employer is required to pay an additional leave loading as follows:
(a) Day work

When an employee takes a period of paid annual leave, the employee will be paid an annual leave loading of 17.5% of the payment under clause 21.2.

(b) Shiftwork

Where the employee would have received shift loadings had the employee not been on leave during the relevant period and such loadings would have entitled the employee to a greater amount than a loading of 17.5% of the payment under clause 21.2, then the shift loadings must be added to the rate of wage prescribed by clause 21.2 instead of the 17.5% loading.

(c) Annual leave loading on termination

The leave loading prescribed will also apply to proportionate leave on termination but will not apply where an employee is dismissed by the employer for reasons of malingering, inefficiency, neglect of duty, misconduct or refusing duty.

21.5 Taking of annual leave during close-downs etc.

(a) An employer may, by 2 months’ notice in writing, declare that the establishment, project or business will observe a complete Christmas–New Year close-down.

(b) Employees will be entitled to be paid for public holidays during the close-down.

(c) Unpaid leave taken does not break service of an employee and is not an excepted period as per the NES.

(d) An employee who has been employed continuously for one week or more will be entitled to leave on a pro rata basis for each week of continuous service and such an employee may be stood down for the duration of the close-down period, provided that any such employee must be paid for all public holidays occurring during the close-down period.

(e) Close-down means a period of not less than 2 consecutive weeks and not more than 4 consecutive weeks, inclusive of public holidays.

21.6 Excessive leave accruals: general provision

NOTE: Clauses 21.6 to 21.8 contain provisions, additional to the National Employment Standards, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 21.1(b)).

(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 21.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 21.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

21.7 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 21.6(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 21.7(a):

(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.6, 21.7 or 21.8 or otherwise agreed by the employer and employee) are taken into account; and

(ii) must not require the employee to take any period of paid annual leave of less than one week; and

(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c) The employee must take paid annual leave in accordance with a direction under clause 21.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 21.7(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 21.7(d) may result in the direction ceasing to have effect. See clause 21.7(b)(i).
NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

21.8 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 21.6(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 21.8(a) if:

(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and

(ii) the employee has not been given a direction under clause 21.7(a) that, when any other paid annual leave arrangements (whether made under clause 21.6, 21.7 or 21.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 21.8(a) must not:

(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.6, 21.7 or 21.8 or otherwise agreed by the employer and employee) are taken into account; or

(ii) provide for the employee to take any period of paid annual leave of less than one week; or

(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or

(iv) be inconsistent with any leave arrangement agreed by the employer and employee.

(d) An employee is not entitled to request by a notice under clause 21.8(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 21.1(b)) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 21.8(a).

21.9 Taking of annual leave over an extended period

An employer and employee may agree that the employee can take a period of paid leave over a longer period. Where this occurs, the payment for the leave will be reduced in proportion to the period of extension. For example, it may be agreed the leave period is doubled and taken on half pay.

21.10 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:

(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and

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

NOTE: An example of the type of agreement required by clause 21.10 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.

(c) The employer must keep a copy of any agreement under clause 21.10 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 21.10, 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.

21.11 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 21.11.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 21.11.

(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 21.11 must state:

(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii) the date on which the payment is to be made.

(e) An agreement under clause 21.11 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 21.11 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 21.11.
NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 21.11.
NOTE 3: An example of the type of agreement required by clause 21.11 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.

22. Personal/carer’s leave and compassionate leave

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

22.2 Where an employee takes a period of paid personal/carer’s leave, the employer must pay the employee at the employee’s ordinary hourly rate of pay for the employee’s ordinary hours of work in that period.

23. Parental leave and related entitlements

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

24. Community service leave

Community service leave is provided in the NES.

25. 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.

26. Public holidays

26.1 National Employment Standards

Employees are entitled to public holidays in accordance with Division 10 of the NES, except that the rate of pay for public holidays will be the ordinary hourly rate.

26.2 Substitution of public holidays

(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.

26.3 Part-day public holidays

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

Part 7—Consultation and Dispute Resolution

27. Consultation about major workplace change

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

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

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

(i) the introduction of the changes; and

(ii) their likely effect on employees; and

(iii) measures to avoid or reduce the adverse effects of the changes on employees; and

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

27.2 For the purposes of the discussion under clause 27.1(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.

27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

27.4 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 27.1(b).

27.5 In clause 27 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.

27.6 Where this award makes provision for alteration of any of the matters defined at clause 27.5, such alteration is taken not to have significant effect.

28. Consultation about changes to rosters or hours of work

28.1 Clause 28 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.

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

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

(a) provide to the employees and representatives mentioned in clause 28.2 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.

28.4 The employer must consider any views given under clause 28.3(b).

28.5 Clause 28 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

29. Dispute resolution

29.1 Clause 29 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

29.2 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.

29.3 If the dispute is not resolved through discussion as mentioned in clause 29.2, 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.

29.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 29.2 and 29.3, a party to the dispute may refer it to the Fair Work Commission.

29.5 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.

29.6 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.

29.7 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 29.

29.8 While procedures are being followed under clause 29 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.

29.9 Clause 29.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

30. Termination of employment

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

30.1 Notice of termination by an employee

(a) Clause 30.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

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

Table 1—Period of notice

NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c) In clause 30.1(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 30.1(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 30.1(b), then no deduction can be made under clause 30.1(d).

(f) Any deduction made under clause 30.1(d) must not be unreasonable in the circumstances.

30.2 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 30.2 is to be taken at times that are convenient to the employee after consultation with the employer.

31. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act. Clause 31.6 supplements the NES by providing a redundancy pay scheme.

31.1 The rate for the purposes of redundancy entitlement under clause 31 will be the all-purpose weekly rate of pay.

31.2 An employee will be entitled to a pro-rata payment for any period of continuous service which is less than a full year at any of the year levels referred to.

31.3 Transfer to lower paid duties on redundancy

(a) Clause 31.3 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 31.3(c).

(c) If the employer acts as mentioned in clause 31.3(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.

31.4 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 31 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.

31.5 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 31.5(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 31.5(b).

(d) An employee who fails to produce proof when required under clause 31.5(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 30.2.

31.6 Redundancy pay schemes

(a) Where an employer terminates the employment of an employee and the employer incurs a redundancy pay obligation to the employee under the NES, some or all of the benefit the employee receives from a redundancy pay fund may be set off against the employer’s redundancy pay obligation under the NES, subject to the following conditions.

(b) If the employee receives a benefit from the redundancy pay fund, the employer may set off any proportion of the benefit which is attributable to the employer’s contribution to the fund against its redundancy pay obligation under the NES. If the proportion so calculated is equal to or greater than the employer’s redundancy pay obligation under the NES the obligation will be fully satisfied.

(c) If the employee does not receive a benefit from the redundancy pay scheme, contributions made by an employer on behalf of an employee to the scheme will, to the extent of those contributions, be set off against the liability of the employer under the NES and payments to the employee will be made in accordance with the rules of the redundancy pay scheme fund or any agreement relating thereto. If the contribution is equal to or greater than the employer’s redundancy pay obligation under the NES the obligation will be fully satisfied.

(d) The redundancy pay scheme must be an Approved Worker Entitlement Fund under the Fringe Benefits Tax Assessment Act 1986.

Schedule A—Classification Definitions
A.1 Classification/reclassification
A.1.1 In order to assist in the classification or reclassification of employees, the following will apply:

(a) where the employee has the relevant qualification recognised as a minimum training requirement for the level at which the employee seeks to be classified; and
(b) the employee is exercising or will be required to exercise the skills and knowledge gained from the qualification necessary for that level of work;
(c) the employee must be classified appropriately.

A.2 Classification definitions
A.2.1 Electrical worker grade 1

An Electrical worker grade 1 is a labourer not otherwise provided for in this award, who is doing labouring work and employed as such.

A.2.2 Electrical worker grade 2

(a) An Electrical worker grade 2 is an employee who is engaged in assisting a tradesperson, provided that such assistance must not include the work of a tradesperson.
(b) Without limiting the scope of the work, an employee may perform the following tasks to the level of the employee’s training:

• unskilled tasks as directed;
• cut to specified lengths—ducting, unistrut, conduit and other cable and support systems;
• paint cable trays, ducts and conduits;
• chase walls as marked by a tradesperson;
• is an employee who is engaged in the clearance of vegetation in the vicinity of overhead power distribution lines.

(c) Definitions applying to this grade of worker prior to 5 October 1990:

• Trades assistant;
• Lines assistant;
• Cable jointers mate/assistant; and
• Line clearance operator.

A.2.3 Electrical worker grade 3

(a) An Electrical worker grade 3 is an employee who works under direction and may be required to perform the work of an Electrical worker grade 2; and
(b) Without limiting the scope of the work, the employee may perform the work described below to the level of the employee’s training:

(i) is engaged in storework; or
(ii) is qualified and required to drive or operate the employer’s vehicles, machinery, plant or equipment incidental to the employee’s primary task or functions; or
(iii) inspects and tests fire alarm or security alarm equipment; or
(iv) under the supervision of a tradesperson or electronics serviceperson:

• installs radio, communications and related equipment including antenna; or
• installs fire alarm or security alarm equipment; or
• installs data and communication cabling.

(c) Provided that this person must not undertake tasks requiring the skills of a tradesperson.

A.2.4 Electrical worker grade 4

(a) An Electrical worker grade 4 is an employee who:

(i) has worked for not less than one year in the industry or holds the equivalent experience and without limiting the scope of the work and to the level of the employee’s training is an employee who is accredited to perform:

• scaffolding or rigging; or
• is directly in charge of an electrical store and responsible for materials, ordering and purchasing; or

(ii) has worked for not less than one year as an Electrical worker grade 3 or has the equivalent experience in the installation of electronics equipment and who, under the minimum supervision of a tradesperson or electronics serviceperson:

• installs radio, communications and related equipment including antenna; or
• installs fire alarm or security alarm equipment; or
• installs, terminates and tests data and communication cabling; or
• inspects and tests fire alarms or security alarm equipment involving a range of responsibility beyond that of an Electrical worker grade 3 and works without assistance and supervision; or
• holds a restricted electrical registration (SA only).

(b) Provided that this person must not undertake tasks requiring the skills of a tradesperson.
(c) Included in this grade is the work of Purchasing clerk/storeperson and Electronic equipment installer level 2.
(d) Definitions applying to this grade of worker prior to 5 October 1990:

• Alarm/security tester grade 2;
• Restricted B class licensed electrical worker; and
• Purchasing clerk/storeperson.

A.2.5 Electrical worker grade 5

(a) An Electrical worker grade 5 is employed to use the skills acquired through the training specified below and is an employee who:

(i) holds a trade certificate or tradesperson’s rights certificate, in an electrical trade; or
(ii) holds an AQF Certificate Level 3 in Electrotechnology in one of the following:

• systems electrician; or
• assembly and servicing; or

(iii) has successfully completed an appropriate trade course or who has otherwise reached an equivalent standard of skills and knowledge in communications/electronics; or
(iv) holds an AQF Certificate Level 3 in Electrotechnology in one of the following:

• building services;
• communications;
• computer systems;
• data communications;
• entertainment and servicing;
• scanning; or

(v) has successfully completed an appropriate instrumentation trade course; or an AQF Certificate Level 3 in Electrotechnology Instrumentation; or
(vi) holds an appropriate electrical/refrigeration/air-conditioning trade certificate; or an AQF Certificate Level 3 in Electrotechnology Refrigeration and Air-conditioning; or
(vii) has successfully completed an appropriate trade course in linework or cable jointing, or an AQF Certificate Level 3 in Transmission Powerline or ESI Distribution Powerline; or has otherwise reached an equivalent standard of skills and knowledge.

(b) Included in this grade is the work of:

• Electrical tradesperson level 1;
• Electronic/communications serviceperson level 1;
• Instrument tradesperson level 1;
• Refrigeration/air-conditioning tradesperson level 1;
• Linesperson/cable jointer level 1; and
• Electrical tradesperson powerline level 1 (SA only).

(c) Definitions applying to this grade of worker prior to 5 October 1990:

• Cable jointer;
• Electrical mechanic;
• Electrical fitter;
• Linesman tradesperson;
• Alarm security tester grade 3;
• Alarm security technician grade 1;
• Electronic serviceperson grade 1;
• Television/radio/electronic serviceperson grade 1;
• Appliance serviceperson; and
• Refrigeration mechanic or serviceperson class 1.

A.2.6 Electrical worker grade 6

(a) An Electrical worker grade 6 is an Electrical worker grade 5 who in addition has:

(i) successfully completed 3 appropriate training modules or 33% of the qualification specified for grade 7 or its equivalent; or
(ii) equivalent structured in-house training relevant to the employer’s business or enterprise as agreed between the parties to the award; and
(iii) acquired an equivalent standard of skills as defined in A.2.6(a)(i) through other means including a minimum of one year’s experience as an Electrical worker grade 5; or
(iv) is employed to use the skills acquired through the training or experience specified.

(b) Included in this grade is the work of:

• Electrical tradesperson level 2;
• Electronic/communications serviceperson level 2;
• Instrument tradesperson level 2;
• Refrigeration/air-conditioning tradesperson level 2;
• Linesperson/cable jointer level 2; and
• Electrical tradesperson powerline level 2 (SA only).

(c) Definitions applying to this grade of worker prior to 5 October 1990:

• Alarm/security technician grade 2;
• Electronic serviceperson grade 2;
• Television/radio/electronic serviceperson grade 2;
• Instrument tradesperson; and
• Refrigeration mechanic or serviceperson class 2.

A.2.7 Electrical worker grade 7

(a) An Electrical worker grade 7 is an Electrical worker grade 5 who:

(i) has successfully completed a Post Trade Certificate or 9 appropriate modules towards an Advanced Certificate or AQF Diploma in Electrotechnology; or their equivalent; or
(ii) has successfully completed an AQF Certificate Level IV in Electrotechnology, or
(iii) has acquired the same standard of skills through other means including a minimum of 2 years’ experience in the industry; and
(iv) is employed to use the skills acquired through the training and/or experience specified.

(b) Included in this grade is the work of:

• Electrician special class;
• Electronic/communications serviceperson special class;
• Instrument tradesperson special class refrigeration/air-conditioning tradesperson special class;
• Linesperson/cable jointer special class; and
• Electrical tradesperson powerline special class (SA only).

(c) Definitions applying to this grade of worker prior to 5 October 1990:

• Electrician special class;
• Alarm/security technician grade 3;
• Electronic serviceperson grade 3;
• Television/radio/electronic serviceperson grade 3; and
• Refrigeration mechanic or serviceperson class 3.

A.2.8 Electrical worker grade 8

(a) An Electrical worker grade 8 is an Electrical worker grade 5 who has successfully completed:

(i) a Post Trade Certificate or 9 appropriate modules towards an Advanced Certificate or an AQF Diploma in Electrotechnology or their equivalent; or
(ii) an AQF Certificate Level IV in Electrotechnology; and
(iii) in addition, has had not less than 2 years’ experience as an Electrical worker grade 7 and is employed to use the skills acquired through the training and/or experience specified.

(b) Included in this grade is the work of:

• Advanced electrical tradesperson level 1;
• Advanced electronic/communications serviceperson level 1;
• Advanced instrument tradesperson level 1; and
• Advanced electrical tradesperson powerline level 1 (SA only).

(c) Definitions applying to this grade of worker prior to 5 October 1990:

• Electronic tradesperson grade 1.

A.2.9 Electrical worker grade 9

(a) An Electrical worker grade 9 is an Electrical worker grade 5 who has successfully completed:

(i) an appropriate Advanced Certificate; or
(ii) an AQF Diploma in Electrotechnology; or
(iii) their formal equivalent; and
(iv) is employed to use the skills acquired through the training and/or experience specified.

(b) Included in this grade is the work of:

• Advanced electrical tradesperson level 2;
• Advanced electronic/communications serviceperson level 2;
• Advanced instrument tradesperson level 2;
• Advanced refrigeration/air-conditioning tradesperson level 2; and
• Advanced electrical tradesperson powerline level 2 (SA only).

(c) Definitions applying to this grade of worker prior to 5 October 1990:

• Electronic tradesperson grade 2;
• Alarm/security technician grade 4;
• Electronic serviceperson grade 4; and
• Television/radio/electronic serviceperson grade 4.

A.2.10 Electrical worker grade 10

(a) An Electrical worker grade 10 is an Electrical worker grade 5 who has successfully completed:

(i) an appropriate Associate Diploma; or
(ii) an AQF Advanced Diploma, or:
(iii) their formal equivalent; and
(iv) is employed to use the skills acquired through the training and/or experience specified.

(b) Included in this grade is the work of:

• Advanced electrical tradesperson level 3;
• Advanced electronic serviceperson level 3;
• Advanced instrument tradesperson level 3;
• Advanced refrigeration/air conditioning tradesperson level 3; and
• Advanced electrical tradesperson powerline level 3 (SA only).

(c) Definitions applying to this grade of worker prior to 5 October 1990:

• Electronic serviceperson grade 3.

A.3 Australian Qualifications Framework (AQF) qualifications
A.3.1 Where this award refers to AQF qualifications in:

(a) Electrotechnology; or
(b) Electricity Supply Industry Transmission and Distribution;
the National Electrotechnology Training Packages or the Training Packages for the Electricity Supply Industry—Transmission and Distribution and the preferred training models to achieve those qualifications will be those determined from time to time by the National Utilities and Electrotechnology Industry Training Advisory Body and endorsed by the National Training Framework Committee.

A.3.2 The Australian Qualifications Framework (AQF) provides a comprehensive, nationally consistent yet flexible framework for all qualifications in Australia. A qualification is defined as “formal certification, issued by a relevant approved body, in recognition that a person has achieved learning outcomes or competencies relevant to identified individual, professional, industry or community needs”.

Schedule B—Summary of Hourly Rates of Pay
B.1 Ordinary hourly rate
B.1.1 Ordinary hourly rate for the purposes of Schedule B includes the industry allowance (clause 18.3(a)) and tool allowance as applicable (clause 18.3(g)) which are payable for all purposes.
B.1.2 Where additional allowances are payable for all purposes in accordance with clause 18.3, these form part of the employee’s ordinary hourly rate and must be added to the ordinary hourly rate prior to calculating penalties and overtime.
B.2 Full-time and part-time employees
B.2.1 Full-time and part-time employees other than shiftworkers—ordinary and penalty rates

¹ Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.

B.2.2 Full-time and part-time employees other than shiftworkers—overtime rates

¹ Minimum payment required for overtime on Saturday, Sunday and public holidays (see clause 20.3).

² Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.

B.2.3 Full-time and part-time shiftworkers—ordinary and penalty rates

¹ Afternoon shift and night shift are defined in clause 2—Definitions.

² Non-successive afternoon or night means work on any afternoon or night shift that does not continue for at least 5 successive afternoons or nights (see clause 13.13(b)).

³ Permanent night shift is defined in clause 13.13(c).

⁴ Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.

⁵ This is the rate at which shiftworkers on other than continuous work are to be paid for all time worked on a Sunday (see clause 13.15(b)(i))

B.2.4 Full-time and part-time shiftworkers—overtime rates

¹ Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.

B.3 Casual employees
B.3.1 Casual employees other than shiftworkers—ordinary and penalty rates

¹ Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.

B.3.2 Casual shiftworkers—ordinary and penalty rates

¹ Afternoon shift and night shift are defined in clause 2—Definitions.

² Non-successive afternoon or night means work on any afternoon or night shift that does not continue for at least 5 successive afternoons or nights (see clause 13.13(b)).

³ Permanent night shift is defined in clause 13.13(c).

⁴ Ordinary hourly rate includes the industry allowance and for grade 5 and higher classifications, the tool allowance, payable to all employees for all purposes. Any additional all-purpose allowances applicable need to be added to these rates.

B.4 Apprentice rates

The apprentice hourly rate is based on a percentage of the Electrical worker grade 5 adult rate in accordance with clause 16.4.

The apprentice hourly rate for adult apprentices commencing on or after 1 January 2014 is calculated in accordance with clause 16.4(b)(vii).

The apprentice hourly rate for adult apprentices commencing before 1 January 2014 is calculated in accordance with clause 16.4(b)(iv).

The apprentice hourly rate for junior apprentices is calculated in accordance with clause 16.4(a)(iv).

B.4.1 Adult apprentices—other than shiftworkers—ordinary and penalty rates

¹ Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.

B.4.2 Adult apprentices—other than shiftworkers—overtime rates

¹ Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.

B.4.3 Adult apprentices—shiftworkers—ordinary and penalty rates

¹ Afternoon shift and night shift are defined in clause 2—Definitions.
² Non-successive afternoon or night means work on any afternoon or night shift that does not continue for at least 5 successive afternoons or nights (see clause 13.13(b)).
³ Permanent night shift is defined in clause 13.13(c).
⁴ Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.

B.4.4 Adult apprentices—shiftworkers—overtime rates

¹ Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.

B.4.5 Junior apprentices—other than shiftworkers—commencing on or after 1 January 2014—ordinary and penalty rates

¹ Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.

B.4.6 Junior apprentices—other than shiftworkers— commencing on or after 1 January 2014—overtime rates

¹ Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.

B.4.7 Junior apprentices—shiftworkers—commencing on or after 1 January 2014—ordinary and penalty rates

¹ Afternoon shift and night shift are defined in clause 2—Definitions.

² Non-successive afternoon or night means work on any afternoon or night shift that does not continue for at least 5 successive afternoons or nights (see clause 13.13(b)).

³ Permanent night shift is defined in clause 13.13(c).

⁴ Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.

B.4.8 Junior apprentices—shiftworkers—commencing on or after 1 January 2014—overtime rates

¹ Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.

B.4.9 Junior apprentices—other than shiftworkers—commencing before 1 January 2014—ordinary and penalty rates

¹ Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.

B.4.10 Junior apprentices—other than shiftworkers—commencing before 1 January 2014—overtime rates

¹ Apprentice hourly rate includes the industry allowance, tool allowance and electricians licence allowance payable to all employees for all purposes.

B.4.11 Junior apprentices—shiftworkers—commencing before 1 January 2014—ordinary and penalty rates