**Coverage:**

The Aged Care Award 2010 applies to employers and employees in the aged care industry, including those involved in home care and residential aged care facilities. The award sets conditions and entitlements for employees in various roles within the industry.


Title

**Commencement date:**

 * This award commences on 1 January 2010 (2.1).

**Monetary obligations:**

 * Monetary obligations under this award can be absorbed into overaward payments. Employers are not required to maintain or increase any overaward payment (2.2).

**Transitional arrangements:**

 * The award contains transitional arrangements specifying when certain parts come into effect, detailed in both the main clauses and Schedule A. These arrangements cover minimum wages, casual/part-time loadings, penalties for Saturdays, Sundays, public holidays, evenings, and shift allowances/penalties (2.3).

**Fair Work Commission involvement:**

 * The making of this award and its transitional arrangements should not reduce employee take-home pay. If an employee's pay is reduced, they can apply to the Fair Work Commission to address this (2.4).

 * The Fair Work Commission can review and vary the transitional arrangements in the award (2.5).

**Review processes:**

 * The Fair Work Commission may initiate a review of the transitional arrangements on its own or on application by an employer, employee, organisation, or outworker entity covered by the award (2.6(a) and 2.6(b)).

 * Applications can also be made by organisations representing the industrial interests of affected employers/employees or organisations representing outworkers (2.6(c) and 2.6(d)).

[[Varied by PR988396, PR542138]](http://www.fwc.gov.au/documents/awardsandorders/html/PR988396.htm)

**2.1** This award commences on 1 January 2010.

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

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

-  minimum wages and piecework rates

-  casual or part-time loadings

-  Saturday, Sunday, public holiday, evening or other penalties

-  shift allowances/penalties.

[[2.4 varied by PR542138 ppc 04Dec13]](http://www.fwc.gov.au/documents/awardsandorders/html/pr542138.htm)

**2.4** Neither the making of this award nor the operation of any transitional arrangements is
intended to result in a reduction in the take-home pay of employees covered by the
award. On application by or on behalf of an employee who suffers a reduction in takehome pay as a result of the making of this award or the operation of any transitional
arrangements, the Fair Work Commission may make any order it considers appropriate
to remedy the situation.

[[2.5 varied by PR542138 ppc 04Dec13]](http://www.fwc.gov.au/documents/awardsandorders/html/pr542138.htm)

**2.5** The Fair Work Commission may review the transitional arrangements in this award
and make a determination varying the award.

[[2.6 varied by PR542138 ppc 04Dec13]](http://www.fwc.gov.au/documents/awardsandorders/html/pr542138.htm)

**2.6** The Fair Work Commission may review the transitional arrangements:

**(a)** on its own initiative; or

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


-----

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

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

Commencement and transitional

**Definitions:**

* **Act:** Fair Work Act 2009 (Cth) (3.1).
* **Adult apprentice:** An apprentice who is 21 years or older at the start of their apprenticeship (3.1).
* **Aged care industry:** Providing accommodation and care services for aged persons in various facilities (3.1).
* **Agreement-based transitional instrument:** Defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (3.1).
* **Apprentice:** An employee bound by a contract of training registered with the appropriate State or Territory training authority (3.1).
* **Award-based transitional instrument:** Defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (3.1).
* **Casual employee:** Defined by section 15A of the Act (3.1).
* **Day shift:** A shift worked between 6.00 am and 6.00 pm, Monday to Friday (3.1).
* **Default fund employee:** An employee with no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth) (3.1).
* **Defined benefit member:** Defined in the Superannuation Guarantee (Administration) Act 1992 (Cth) (3.1).
* **Division 2B State award:** Defined in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (3.1).
* **Division 2B State employment agreement:** Defined in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (3.1).
* **Employee:** National system employee within the meaning of the Act (3.1).
* **Employee organisation:** Defined by section 12 of the Act (3.1).
* **Employer:** National system employer within the meaning of the Act (3.1).
* **Enterprise:** Defined by section 12 of the Act (3.1).
* **Enterprise award-based instrument:** Defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (3.1).
* **Exempt public sector superannuation scheme:** Defined in the Superannuation Industry (Supervision) Act 1993 (Cth) (3.1).
* **MySuper product:** Defined in the Superannuation Industry (Supervision) Act 1993 (Cth) (3.1).
* **NES:** National Employment Standards in sections 59 to 131 of the Fair Work Act 2009 (Cth) (3.1).
* **On-hire:** The on-hire of an employee by their employer to a client, working under the client's or client's representative's guidance (3.1).
* **Regular casual employee:** Defined by section 12 of the Act (3.1).
* **Small business employer:** Defined by section 23 of the Act (3.1).
* **Standard rate:** Minimum wage for an Aged care employee—general—level 6 in clause 14.1 (3.1).
* **Transitional minimum wage instrument:** Defined in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) (3.1).
* **Workplace delegate:** Defined by section 350C(1) of the Act (3.1).

**Condition of employment references:**

* If this award refers to a condition of employment in the NES, the NES definition applies (3.2).

[Varied by [PR995161,](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm) [PR994419,](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm) [PR997772,](http://www.fwc.gov.au/documents/awardsandorders/html/PR997772.htm) [PR503620,](http://www.fwc.gov.au/documents/awardsandorders/html/PR503620.htm) [PR509796,](http://www.fwc.gov.au/documents/awardsandorders/html/PR509796.htm) [PR544794,](http://www.fwc.gov.au/documents/awardsandorders/html/pr544794.htm) [PR545985,](http://www.fwc.gov.au/documents/awardsandorders/html/PR545985.htm) [PR733830;](https://www.fwc.gov.au/documents/awardsandorders/html/PR733830.htm)
[PR751293, PR774723]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751293.pdf)

**3.1** In this award, unless the contrary intention appears:

[[Definition of Act substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**Act means the Fair Work Act 2009 (Cth)**

[[Definition of adult apprentice inserted by PR544794 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/pr544794.htm)

**adult apprentice means an apprentice who is 21 years of age or over at the**
commencement of their apprenticeship

[[Definition of aged care industry varied by PR509796 ppc 23May11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR509796.htm)

**aged care industry means the provision of accommodation and care services for aged**
persons in a hostel, nursing home, aged care independent living units, aged care
serviced apartments, garden settlement, retirement village or any other residential
accommodation facility

[[Definition of agreement-based transitional instrument inserted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**agreement-based transitional instrument** has the meaning in the _Fair Work_
_(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)_

[[Definition of apprentice inserted by PR544794 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/pr544794.htm)

**apprentice means an employee who is bound by a contract of training registered with**
the appropriate State or Territory training authority

[[Definition of award-based transitional instrument inserted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**award-based transitional instrument** has the meaning in the _Fair Work_
_(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)_

[[Definition of casual employee inserted by PR733830 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733830.htm)

**[casual employee has the meaning given by section 15A of the Act](http://www.legislation.gov.au/Series/C2009A00028)**

[[Definition of Commission deleted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

[[Definition of day shift inserted by PR995161 ppc 23Mar10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**day shift means a shift worked between 6.00 am and 6.00 pm Monday to Friday**


-----

[Definition of default **[fund employee inserted by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/PR545985.htm)**

**default** **fund employee means an employee who has no chosen fund within the**
meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[[Definition of defined benefit member inserted by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/PR545985.htm)

**defined benefit member has the meaning given by the** _Superannuation Guarantee_
_(Administration) Act 1992 (Cth)_

[[Definition of Division 2B State award inserted by PR503620 ppc 01Jan11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR503620.htm)

**Division 2B State award has the meaning in Schedule 3A of the** _Fair Work_
_(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)_

[[Definition of Division 2B State employment agreement inserted by PR503620 ppc 01Jan11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR503620.htm)

**Division 2B State employment agreement** has the meaning in Schedule 3A of the
_Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)_

[[Definition of employee substituted by PR994419, PR997772 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**employee means national system employee within the meaning of the Act**

[[Definition of employee organisation inserted by PR774723 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774723.pdf)

**[employee organisation has the meaning given by section 12 of Act.](http://www.legislation.gov.au/Series/C2009A00028)**

[[Definition of employer substituted by PR994419, PR997772 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**employer means national system employer within the meaning of the Act**

[[Definition of enterprise inserted by PR774723 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774723.pdf)

**[enterprise has the meaning given by section 12 of the Act.](http://www.legislation.gov.au/Series/C2009A00028)**

[[Definition of enterprise award deleted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

[[Definition of enterprise award-based instrument inserted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**enterprise award-based instrument has the meaning in the Fair Work (Transitional**
_Provisions and Consequential Amendments) Act 2009 (Cth)_

[[Definition of enterprise NAPSA deleted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

[[Definition of exempt public sector superannuation scheme inserted by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/PR545985.htm)

**exempt public sector superannuation scheme has the meaning given by the**
_Superannuation Industry (Supervision) Act 1993 (Cth)_

[[Definition of MySuper product inserted by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/PR545985.htm)

**MySuper product has the meaning given by the Superannuation Industry**
_(Supervision) Act 1993 (Cth)_

[[Definition of NAPSA deleted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

[[Definition of NES substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**[NES means the National Employment Standards as contained in sections 59 to 131 of](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)**
the Fair Work Act 2009 (Cth)


-----

[[Definition of on-hire inserted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**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

[[Definition of regular casual employee inserted by PR733830 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733830.htm)

**regular casual** **[employee has the meaning given by section 12 of the Act](http://www.legislation.gov.au/Series/C2009A00028)**

[[Definition of small business employer inserted by PR774723 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774723.pdf)

**[small business employer has the meaning given by section 23 of the Act.](http://www.legislation.gov.au/Series/C2009A00028)**

[[Definition of standard rate varied by PR751293 ppc 30Jun23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751293.pdf)

**standard rate means the minimum wage for an Aged care employee—general—level**
6 in clause 14.1.

[[Definition of transitional minimum wage instrument inserted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**transitional minimum wage instrument has the meaning in the** _Fair Work_
_(Transitional Provisions and Consequential Amendments) Act 2009 (Cth)_

[[Definition of workplace delegate inserted by PR774723 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774723.pdf)

**[workplace delegate has the meaning given by section 350C(1) of the Act.](http://www.legislation.gov.au/Series/C2009A00028)**

**3.2** [Where this award refers to a condition of employment provided for in the NES, the](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
[NES definition applies.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

Definitions and interpretation

**Coverage:**

* This award applies to employers in the aged care industry across Australia and their employees in the classifications listed in clause 14—Minimum weekly wages, to the exclusion of other modern awards (4.1).
* The award does not cover employees excluded from award coverage by the Act (4.2).
* Employees covered by modern enterprise awards or enterprise instruments, as defined by the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth), and employers in relation to those employees, are not covered by this award (4.3).
* Employees covered by State reference public sector modern awards or State reference public sector transitional awards, and employers in relation to those employees, are not covered by this award (4.4).

**On-hire and Group Training Services:**

* This award covers employers supplying labour on an on-hire basis in the aged care industry and their on-hire employees while they perform work for a business in that industry, subject to award exclusions (4.5).
* Employers providing group training services for apprentices and trainees in the aged care industry and those apprentices and trainees are covered by this award while performing work at relevant locations, subject to award exclusions (4.6).

**Multiple Award Coverage:**

* If an employer is covered by more than one award, the employee is covered by the award classification most appropriate to the work performed and the environment in which the work is done (4.7).

**Note:** Where there is no classification for a particular employee in this award, the employer and that employee may be covered by an award with occupational coverage.

[[Varied by PR994419, PR544794]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**4.1** This industry award covers employers throughout Australia in the aged care industry
and their employees in the classifications listed in clause 14—Minimum weekly
wages, to the exclusion of any other modern award.

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

[[4.3 substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**4.3** The award does not cover employees who are covered by a modern enterprise award,
or an enterprise instrument (within the meaning of the _Fair Work (Transitional_
_Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation_
to those employees.

[[4.4, 4.5 and 4.6 inserted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**4.4** The award does not cover 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._

**4.5** This award covers any employer which supplies labour on an on-hire basis in the
industry set out in clause 4.1 in respect of on-hire employees in classifications covered
by this award, and those on-hire employees, while engaged in the performance of work


-----

for a business in that industry. This subclause operates subject to the exclusions from
coverage in this award.

[[4.6 substituted by PR544794 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/pr544794.htm)

**4.6** This award covers employers which provide group training services for apprentices
and trainees engaged in the industry and/or parts of industry set out at clause 4.1 and
those apprentices and 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. This clause operates subject to the exclusions from coverage in this award.

[[4.4 renumbered as 4.7 by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**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.

Coverage

The employer must ensure that copies of this award and the National Employment Standards (NES) are available to all employees to whom they apply. These copies can be provided on a noticeboard conveniently located at or near the workplace or through electronic means, depending on which method makes them more accessible.

[The employer must ensure that copies of this award and the NES are available to all employees](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
to whom they apply either on a noticeboard which is conveniently located at or near the
workplace or through electronic means, whichever makes them more accessible.

Access to the award and the National Employment Standards

The [National Employment Standards (NES) and this award](http://www.fwc.gov.au/documents/awards/resources/nes.pdf) contain the minimum conditions of employment for employees covered by this award.

The [NES and this award contain the minimum conditions of employment for employees](http://www.fwc.gov.au/documents/awards/resources/nes.pdf)
covered by this award.

The National Employment Standards and this award

**Award flexibility:**

* Employers and individual employees may agree to vary the application of the award's terms regarding work arrangements, overtime rates, penalty rates, allowances, and annual leave loading to meet their genuine needs (7.1).
* Such agreements must be made without coercion or duress (7.2).
* Agreements can only be made with employees who have already commenced employment (7.3).
* Employers must provide a written proposal to employees and take reasonable steps to ensure that employees with limited understanding of written English comprehend the proposal (7.4).
* Agreements must result in the employee being better off overall than if the agreement had not been made (7.5).
* Agreements must state the names of the employer and employee, identify the award terms to be varied, detail how the award terms are varied, explain how the employee will be better off, and state the start date of the agreement (7.6).
* Agreements must be in writing and signed by both parties, and by a parent or guardian if the employee is under 18 (7.7).
* No other approval or consent is required apart from that of the employer and employee (7.8).
* Employers must keep the agreement as a time and wages record and give a copy to the employee (7.9).
* Both parties must genuinely agree to any variations without duress or coercion (7.10).
* Agreements may be terminated at any time by mutual written agreement, or by either party giving 13 weeks’ written notice (4 weeks if the agreement was made before the first full pay period starting on or after 4 December 2013) (7.11).
* If the agreement does not meet the requirements under s.144, either party may terminate it by giving 28 days' written notice (7.11 note).
* Agreements terminated via written notice cease to have effect at the end of the notice period (7.12).
* The right to make an agreement under clause 7 is in addition to and does not affect any other term of the award that provides for an agreement between an employer and an individual employee (7.13).

[[Varied by PR542138; 7—Award flexibility renamed and substituted by PR610178 ppc 01Nov18]](http://www.fwc.gov.au/documents/awardsandorders/html/pr542138.htm)

**7.1** 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.

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


-----

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

**7.4** 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.

**7.5** 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.

**7.6** 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.

**7.7** 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.

**7.8** Except as provided in clause 7.7(b), an agreement must not require the approval or
consent of a person other than the employer and the employee.

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

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

**7.11** 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 s.144 then the employee or the employer may terminate


-----

the arrangement by giving written notice of not more than 28 days (see s.145 of the
[Act).](http://www.legislation.gov.au/Series/C2009A00028)

**7.12** An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the
end of the period of notice required under that clause.

**7.13** The right to make an agreement under clause 7 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.

## Part 2—Workplace Delegates, Consultation and Dispute Resolution

[[Part 2—Consultation and Dispute Resolution renamed by PR774723 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774723.pdf)

Individual flexibility arrangements

Application and Operation

**Rights of workplace delegates:**

* Clause 7A outlines the rights of workplace delegates and refers to section 350C of the Act (7A.1).
* Definitions under clause 7A:
  * Employer - the employer of the workplace delegate (7A.2(a)).
  * Delegate's organisation - the employee organisation per the rules from which the delegate was appointed or elected (7A.2(b)).
  * Eligible employees - members or those eligible to be members of the delegate’s organisation employed by the employer (7A.2(c)).
* Workplace delegates must provide written notice of their appointment or election to the employer. They must also provide evidence of their appointment if requested (7A.3).
* Delegates who cease their role must notify the employer in writing within 14 days (7A.4).

**Right of representation:**

* Workplace delegates may represent the industrial interests of eligible employees in various matters, including consultation on major workplace changes, changes to rosters or working hours, dispute resolution, disciplinary processes, enterprise bargaining, and any process or procedure within an award, enterprise agreement or employer policy concerning their industrial interests (7A.5). 

**Entitlement to reasonable communication:**

* Delegates may communicate with eligible employees to represent their industrial interests, including discussions about membership and representation (7A.6(a)).
* Communication may occur during working hours, breaks, before or after work (7A.6(b)).

**Entitlement to reasonable access to workplace and facilities:**

* Employers must provide the following facilities to workplace delegates:
  * A suitable room or area for discussions (7A.7(a)(i)).
  * A noticeboard (physical or electronic) (7A.7(a)(ii)).
  * Electronic communication means used within the workplace, including Wi-Fi access (7A.7(a)(iii)).
  * A lockable storage area (7A.7(a)(iv)).
  * Office facilities and equipment, such as printers, scanners, and photocopiers (7A.7(a)(v)).
* Employers are not required to provide facilities if they are unavailable, impractical to provide, or the employer cannot gain access to them despite reasonable efforts (7A.7(b)).

**Entitlement to training:**

* Employers, except small business employers, must provide workplace delegates with up to 5 days of paid training time initially and at least one day each subsequent year on representing employees' industrial interests. Conditions apply:
  * Employers are not required to provide access to training for more than one delegate per 50 eligible employees per year (7A.8(a)).
  * The number of eligible employees is determined on the day the delegate requests paid training time, counting full-time, part-time, and regular casual employees (7A.8(b)).
  * Payment for training is equivalent to the delegate's pay if they had worked on that day (7A.8(c)).
  * Delegates must give at least 5 weeks’ notice of training dates, subject matter, start and finish times, and the training provider’s name, unless agreed otherwise (7A.8(d)).
  * If requested, delegates must provide an outline of training content (7A.8(e)).
  * Employers must notify delegates at least 2 weeks before training if the paid time is approved, which should not be unreasonably withheld (7A.8(f)).
  * Delegates must provide evidence of their attendance within 7 days after the training (7A.8(g)).

**Exercise of entitlements:**

* When exercising their entitlements, delegates must:
  * Comply with their employee duties and obligations (7A.9(a)(i)).
  * Follow the employer’s reasonable policies and procedures, including those related to OHS and acceptable ICT use (7A.9(a)(ii)).
  * Not obstruct or prevent the normal performance of work (7A.9(a)(iii)).
  * Not interfere with eligible employees’ rights to freedom of association (7A.9(a)(iv)).
* Employers are not required to provide a delegate with individual contact details of eligible employees (7A.9(b)).
* Eligible employees are not required to be represented by a delegate without their agreement (7A.9(c)).
* Employers must not unreasonably refuse to deal with a delegate or hinder the delegate's exercise of rights (note below 7A.9)


[[7A inserted by PR774723 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774723.pdf)

**7A.1** Clause 7A provides for the exercise of the rights of workplace delegates set out in
[section 350C of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

[NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a](http://www.legislation.gov.au/Series/C2009A00028)
workplace delegate the rights mentioned in section 350C(3) if the employer has
complied with clause 7A.

**7A.2** In clause 7A:

**(a)** **employer means the employer of the workplace delegate;**

**(b)** **delegate’s organisation means the employee organisation in accordance with**
the rules of which the workplace delegate was appointed or elected; and

**(c)** **eligible employees means members and persons eligible to be members of the**
delegate’s organisation who are employed by the employer in the enterprise.

**7A.3** Before exercising entitlements under clause 7A, a workplace delegate must give the
employer written notice of their appointment or election as a workplace delegate. If
requested, the workplace delegate must provide the employer with evidence that would
satisfy a reasonable person of their appointment or election.

**7A.4** An employee who ceases to be a workplace delegate must give written notice to the
employer within 14 days.

**7A.5** **Right of representation**

A workplace delegate may represent the industrial interests of eligible employees who
wish to be represented by the workplace delegate in matters including:

**(a)** consultation about major workplace change;

**(b)** consultation about changes to rosters or hours of work;

**(c)** resolution of disputes;


-----

**(d)** disciplinary processes;

**(e)** enterprise bargaining where the workplace delegate has been appointed as a
bargaining representative under section 176 of the [Act or is assisting the](http://www.legislation.gov.au/Series/C2009A00028)
delegate’s organisation with enterprise bargaining; and

**(f)** any process or procedure within an award, enterprise agreement or policy of the
employer under which eligible employees are entitled to be represented and
which concerns their industrial interests.

**7A.6** **Entitlement to reasonable communication**

**(a)** A workplace delegate may communicate with eligible employees for the purpose
of representing their industrial interests under clause 7A.5. This includes
discussing membership of the delegate’s organisation and representation with
eligible employees.

**(b)** A workplace delegate may communicate with eligible employees during
working hours or work breaks, or before or after work.

**7A.7** **Entitlement to reasonable access to the workplace and workplace facilities**

**(a)** The employer must provide a workplace delegate with access to or use of the
following workplace facilities:

**(i)** a room or area to hold discussions that is fit for purpose, private and
accessible by the workplace delegate and eligible employees;

**(ii)** a physical or electronic noticeboard;

**(iii)** electronic means of communication ordinarily used in the workplace by

the employer to communicate with eligible employees and by eligible
employees to communicate with each other, including access to Wi-Fi;

**(iv)** a lockable filing cabinet or other secure document storage area; and

**(v)** office facilities and equipment including printers, scanners and
photocopiers.

**(b)** The employer is not required to provide access to or use of a workplace facility
under clause 7A.7(a) if:

**(i)** the workplace does not have the facility;

**(ii)** due to operational requirements, it is impractical to provide access to or
use of the facility at the time or in the manner it is sought; or


**(iii)** the employer does not have access to the facility at the enterprise and is

unable to obtain access after taking reasonable steps.

**7A.8** **Entitlement to reasonable access to training**

Unless the employer is a small business employer, the employer must provide a
workplace delegate with access to up to 5 days of paid time during normal working
hours for initial training and at least one day each subsequent year, to attend training
related to representation of the industrial interests of eligible employees, subject to the
following conditions:


-----

**(a)** In each year commencing 1 July, the employer is not required to provide access
to paid time for training to more than one workplace delegate per 50 eligible
employees.

**(b)** The number of eligible employees will be determined on the day a delegate
requests paid time to attend training, as the number of eligible employees who
are:

**(i)** full-time or part-time employees; or

**(ii)** regular casual employees.

**(c)** Payment for a day of paid time during normal working hours is payment of the
amount the workplace delegate would have been paid for the hours the
workplace delegate would have been rostered or required to work on that day if
the delegate had not been absent from work to attend the training.

**(d)** The workplace delegate must give the employer not less than 5 weeks’ notice
(unless the employer and delegate agree to a shorter period of notice) of the
dates, subject matter, the daily start and finish times of the training, and the name
of the training provider.

**(e)** If requested by the employer, the workplace delegate must provide the employer
with an outline of the training content.

**(f)** The employer must advise the workplace delegate not less than 2 weeks from
the day on which the training is scheduled to commence, whether the workplace
delegate’s access to paid time during normal working hours to attend the training
has been approved. Such approval must not be unreasonably withheld.

**(g)** The workplace delegate must, within 7 days after the day on which the training
ends, provide the employer with evidence that would satisfy a reasonable person
of their attendance at the training.

**7A.9** **Exercise of entitlements under clause 7A**

**(a)** A workplace delegate’s entitlements under clause 7A are subject to the
conditions that the workplace delegate must, when exercising those entitlements:

**(i)** comply with their duties and obligations as an employee;

**(ii)** comply with the reasonable policies and procedures of the employer,
including reasonable codes of conduct and requirements in relation to
occupational health and safety and acceptable use of ICT resources;

**(iii)** not hinder, obstruct or prevent the normal performance of work; and

**(iv)** not hinder, obstruct or prevent eligible employees exercising their rights

to freedom of association.

**(b)** Clause 7A does not require the employer to provide a workplace delegate with
access to electronic means of communication in a way that provides individual
contact details for eligible employees.

**(c)** Clause 7A does not require an eligible employee to be represented by a
workplace delegate without the employee’s agreement.


-----

[NOTE: Under section 350A of the Act, the employer must not:](http://www.legislation.gov.au/Series/C2009A00028)

(a) unreasonably fail or refuse to deal with a workplace delegate; or

(b) knowingly or recklessly make a false or misleading representation to a
workplace delegate; or

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a
[workplace delegate under the Act or clause 7A.](http://www.legislation.gov.au/Series/C2009A00028)

Workplace delegates’ rights

**Consultation regarding major workplace change:**

* Employers must notify all employees and their representatives (if any) about major changes in production, program, organisation, structure or technology that are likely to significantly affect them (8.1(a)).
* Employers must discuss with affected employees and their representatives (if any):
  * The introduction of the changes (8.1(b)(i)).
  * Their likely effect on employees (8.1(b)(ii)).
  * Measures to avoid or reduce adverse effects on employees (8.1(b)(iii)).
* Discussions must start as soon as practicable after the decision has been made (8.1(c)).

**Provision of information:**

* Employers must provide in writing all relevant information about the changes to the affected employees and their representatives, including:
  * The nature of the changes (8.2(a)).
  * Expected effects on employees (8.2(b)).
  * Any other matters likely to affect employees (8.2(c)).

* Employers are not required to disclose confidential information if its disclosure would be contrary to their interests (8.3).
* Employers must promptly consider any matters raised by employees or their representatives regarding the changes (8.4).

**Significant effects on employees:**

* Significant effects include:
  * Termination of employment (8.5(a)).
  * Major changes in workforce composition, operation, or size, or in required skills (8.5(b)).
  * Loss or reduction of job or promotion opportunities (8.5(c)).
  * Loss or reduction of job tenure (8.5(d)).
  * Alteration of hours of work (8.5(e)).
  * Need for retraining or transfer to other work or locations (8.5(f)).
  * Job restructuring (8.5(g)).

* Alterations provided for within this award are not considered to have significant effect (8.6).

[8—Consultation regarding major workplace change renamed and substituted by [PR546288, 8—Consultation](http://www.fwc.gov.au/documents/awardsandorders/html/pr546288.htm)
[renamed and substituted by PR610178 ppc 01Nov18]](https://www.fwc.gov.au/documents/awardsandorders/html/pr610178.htm)

**8.1** 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.

**8.2** For the purposes of the discussion under clause 8.1(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.

**8.3** Clause 8.2 does not require an employer to disclose any confidential information if its
disclosure would be contrary to the employer’s interests.

**8.4** 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 8.1(b).

**8.5** In clause 8:

**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.

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

Consultation about major workplace change

**Consultation regarding roster changes:**

* Clause 8A applies if an employer proposes to change the regular roster or ordinary hours of work of an employee (8A.1).
* Employers must consult with any affected employees and their representatives (if any) regarding the proposed change (8A.2).

**Consultation process:**

* Employers must provide affected employees and their representatives with information about the proposed change, including its nature and start date (8A.3(a)).
* Employers must invite employees and their representatives to give their views on the impact of the proposed change, including on family or caring responsibilities (8A.3(b)).
* The employer must consider any views given (8A.4).

**Integration with other award provisions:**

* Clause 8A should be read in conjunction with other provisions of the award concerning scheduling of work or giving notice (8A.5).

[[8A inserted by PR610178 ppc 01Nov18]](https://www.fwc.gov.au/documents/awardsandorders/html/pr610178.htm)

**8A.1** Clause 8A 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.

**8A.2** The employer must consult with any employees affected by the proposed change and
their representatives (if any).

**8A.3** For the purpose of the consultation, the employer must:

**(a)** provide to the employees and representatives mentioned in clause 8A.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.

**8A.4** The employer must consider any views given under clause 8A.3(b).

**8A.5** Clause 8A is to be read in conjunction with any other provisions of this award
concerning the scheduling of work or the giving of notice.

Consultation about changes to rosters or hours of work

**Dispute Resolution:**

* Clause 9 outlines the procedures for resolving disputes under this award or in relation to the NES (9.1).

**Initial resolution steps:**

* Parties must first try to resolve the dispute at the workplace through discussion between the employee(s) and the relevant supervisor (9.2).
* If unresolved, the parties must then attempt to resolve it through timely discussion with more senior management (9.3).

**Escalation to the Fair Work Commission:**

* If the dispute cannot be resolved at the workplace and all appropriate steps have been taken, a party can refer it to the Fair Work Commission (9.4).
* The parties can agree on the process for the Fair Work Commission, including mediation, conciliation, and consent arbitration (9.5).
* If unresolved, the Fair Work Commission may use any method of dispute resolution permitted by the Act (9.6).

**Representation and Continuity of Work:**

* A party may appoint a representative for support or representation in any discussions or processes (9.7).
* While dispute resolution procedures are underway, work must continue as per this award and the Act, and employees must comply with safe and appropriate work directions (9.8).
* Clause 9.8 is subject to any applicable work health and safety legislation (9.9).

**Additional Notes:**

* Additional procedures for disputes regarding NES entitlements to request flexible working arrangements are in section 65B of the Act (Note 1).
* Additional procedures for disputes regarding NES entitlements to request an extension to unpaid parental leave are in section 76B of the Act (Note 2).

[[Varied by PR994419, PR542138; substituted by PR610178 ppc 01Nov18; varied by PR763212]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**9.1** Clause 9 sets out the procedures to be followed if a dispute arises about a matter under
[this award or in relation to the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**9.2** 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.

**9.3** If the dispute is not resolved through discussion as mentioned in clause 9.2, 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.

**9.4** If the dispute is unable to be resolved at the workplace and all appropriate steps have
been taken under clauses 9.2 and 9.3, a party to the dispute may refer it to the Fair
Work Commission.

**9.5** 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.

**9.6** 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](http://www.legislation.gov.au/Series/C2009A00028)
for resolving the dispute.

**9.7** 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 9.

**9.8** While procedures are being followed under clause 9 in relation to a dispute:

**(a)** [work must continue in accordance with this award and the Act; and](http://www.legislation.gov.au/Series/C2009A00028)

**(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.

**9.9** Clause 9.8 is subject to any applicable work health and safety legislation.

[[Note 1 inserted by PR763212 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763212.pdf)

[NOTE 1: In addition to clause 9, a dispute resolution procedure for disputes regarding the NES](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
[entitlement to request flexible working arrangements is contained in section 65B of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

[[Note 2 inserted by PR763212 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763212.pdf)

[NOTE 2: In addition to clause 9, a dispute resolution procedure for disputes regarding the NES](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
entitlement to request an extension to unpaid parental leave is contained in section 76B of the
[Act.](http://www.legislation.gov.au/Series/C2009A00028)

## Part 3—Types of Employment and Termination of Employment

Dispute resolution

Workplace Delegates, Consultation and Dispute Resolution


**Categories of employment:**

* Employees will be employed as full-time, part-time, or casual (10.1).
* At engagement, the employer will inform the employee of their employment category (10.1).
* Employers may direct employees to duties within their skills, competence, and training, consistent with their classification (10.1).

**Full-time employees:**

* A full-time employee works 38 hours per week or an average of 38 hours per week (10.2).

**Part-time employees:**

* Part-time employees work less than 38 hours per week and have predictable hours (10.3(a)).
* Agreement on work pattern, including weekly hours, workdays, and start and finish times, must be in writing before employment commences (10.3(b)).
* Any changes to agreed hours must also be in writing (10.3(c)).
* Award terms apply on a pro-rata basis based on a 38-hour week for full-time employees (10.3(d)).
* Personal/carer's leave for part-time employees is paid on a pro-rata basis according to ordinary hours the employee would have worked (10.3(e)).

**Casual employees:**

* Casuals may work up to 38 ordinary hours per week (10.4(a)).
* Casuals are paid 1/38th of the weekly rate plus a 25% loading instead of paid leave entitlements (10.4(b)).
* Overtime for casuals is paid as per clause 25.1(c) (10.4(c)).

**Casual conversion:**

* Offers and requests for casual conversion to full-time or part-time employment are provided for in the NES (10.5), disputes are dealt with under clause 9—Dispute resolution.

[[Varied by PR995161, PR502652, PR700532, PR723844, PR733830]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**10.1** Employees under this award will be employed in one of the following categories:

**(a)** full-time;

**(b)** part-time; or

**(c)** casual.

At the time of engagement an employer will inform each employee whether they are
employed on a full-time, part-time or casual basis. An employer may direct an


-----

employee to carry out such duties that are within the limits of the employee’s skill,
competence and training, consistent with the respective classification.

**10.2** **Full-time employees**

A full-time employee is one who is engaged to work 38 hours per week or an average
of 38 hours per week pursuant to clause 22.1 of this award.

**10.3** **Part-time employees**

**(a)** A part-time employee is an employee who is engaged to work less than full-time
hours of an average of 38 hours per week and has reasonably predictable hours
of work.

**(b)** Before commencing employment, the employer and employee will agree in
writing on a regular pattern of work including the number of hours to be worked
each week, the days of the week the employee will work and the starting and
finishing times each day.

[[10.3(c) substituted by PR995161 ppc 23Mar10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**(c)** Any agreed variation to the hours of work will be in writing.

**(d)** The terms of this award will apply on a pro rata basis to part-time employees on
the basis that the ordinary weekly hours for full-time employees are 38.

[[10.3(e) replaced by PR502652 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR502652.htm)

**(e)** Payment in respect of personal/carer’s leave (where an employee has
accumulated an entitlement) for a part-time employee will be on a pro rata basis
made according to the number of ordinary hours the employee would have
worked on the day or days on which the leave was taken.

**10.4** **Casual employees**

[[10.4(a) substituted by PR733830 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733830.htm)

**(a)** A casual employee may work up to and including 38 ordinary hours per week.

[[10.4(b) varied by PR723844 ppc 01Mar21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723844.htm)

**(b)** A casual employee will be paid per ordinary hour worked at the rate of 1/38th of
the weekly rate appropriate to the employee’s classification. In addition, a
loading of 25% of that rate will be paid instead of the paid leave entitlements
accrued by full-time employees.

[[10.4(c) inserted by PR723844 ppc 01Mar21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723844.htm)

**(c)** When a casual employee works overtime, they must be paid the overtime rates
in clause 25.1(c).

**10.5** **Offers and requests for casual conversion**

[[10.5 inserted by PR700532; substituted and renamed by PR733830 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/pr700532.htm)

Offers and requests for conversion from casual employment to full-time or part-time
[employment are provided for in the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)


-----

[NOTE: Disputes about offers and requests for casual conversion under the NES are to](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
be dealt with under clause 9—Dispute resolution.

Employment categories


**Notice of termination by an employee:**

* This clause applies to all employees except those identified in sections 123(1) and 123(3) of the Fair Work Act (11.1(a)).
* An employee must provide the employer with notice of termination as specified in Table 1—Period of Notice, which depends on the employee's continuous service period (11.1(b)).

|Employee's period of continuous service with the employer at the end of the day the notice is given|Period of notice|
|---|---|
|Not more than 1 year|1 week|
|More than 1 year but not more than 3 years|2 weeks|
|More than 3 years but not more than 5 years|3 weeks|
|More than 5 years|4 weeks|

* The notice period required of an employee is the same as that required of an employer, but the employee does not need to give additional notice based on age (Note beside 11.1(b)).
* Continuous service has the same meaning as in section 117 of the Fair Work Act (11.1(c)).
* If an employee who is at least 18 years old does not give the required notice, the employer may deduct from the employee's wages an amount up to one week's wages (11.1(d)).
* No deduction can be made if the employer agrees to a shorter notice period (11.1(e)).
* Any deduction must not be unreasonable in the circumstances (11.1(f)).

**Job search entitlement:**

* Employees must be allowed up to one day's paid time off to seek other employment if given notice of termination by the employer (11.2).
* The time off is to be taken at times convenient to the employee after consultation with the employer (11.3).


[[11 substituted by PR610178 ppc 01Nov18]](https://www.fwc.gov.au/documents/awardsandorders/html/pr610178.htm)

[Note: The NES sets out requirements for notice of termination by an employer. See ss.117 and](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
[123 of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

**11.1** **Notice of termination by an employee**

**(a)** This clause applies to all employees except those identified in ss.123(1) and
[123(3) of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

**(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|Col2|
|---|---|
|Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given|Column 2 Period of notice|
|Not more than 1 year|1 week|
|More than 1 year but not more than 3 years|2 weeks|
|More than 3 years but not more than 5 years|3 weeks|
|More than 5 years|4 weeks|



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 paragraph (b) continuous service has the same meaning as in s.117 of the
[Act.](http://www.legislation.gov.au/Series/C2009A00028)

**(d)** If an employee who is at least 18 years old does not give the period of notice
required under paragraph (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
paragraph (b), then no deduction can be made under paragraph (d).

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

**11.2** **Job search entitlement**

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.


-----

**11.3** The time off under clause 11.2 is to be taken at times that are convenient to the
employee after consultation with the employer.

Termination of employment


**Transfer to lower paid duties on redundancy:**

* Applies if an employee is transferred to duties with a lower ordinary rate of pay due to redundancy (12.1(a)).
* Employer must either:
   * Give notice of the transfer at least as long as the notice required under section 117 of the Act (12.1(b)(i)); or
   * Transfer the employee immediately or before the notice expires and pay the employee as specified in 12.1(c) (12.1(b)(ii)).
* If transferred without notice, the employee is entitled to the difference between their former and new ordinary rates of pay (inclusive of all-purpose allowances, shift rates, and penalty rates) for the period of notice not given (12.1(c)).

**Employee leaving during redundancy notice period:**

* An employee may terminate their employment during the notice period given in redundancy circumstances (12.2(a)).
* The employee is entitled to the benefits and payments they would have received under clause 12 or sections 119–123 of the Act had they stayed until the end of the notice period (12.2(b)).
* The employee is not entitled to be paid for any part of the notice period after ceasing employment (12.2(c)).

**Job search entitlement:**

* Employees given notice of termination due to redundancy must be allowed up to one day off each week of the notice period, without loss of pay, to seek other employment (12.3(a)).
* If more than one day off is taken, the employee must provide proof of attendance at an interview upon the employer's request. A statutory declaration suffices for this purpose (12.3(b), 12.3(c)).
* Failure to provide proof when required forfeits the employee's right to payment for the time off (12.3(d)).
* This entitlement replaces clauses 11.2 and 11.3 (12.3(e)).

[[Varied by PR994419, PR503620, PR561478; substituted by PR706889 ppc 03May19]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

[NOTE: Redundancy pay is provided for in the NES. See sections 119–123 of the Act.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**12.1** **Transfer to lower paid duties on redundancy**

**(a)** Clause 12.1 applies if, because of redundancy, an employee is transferred to new
duties to which a lower ordinary rate of pay applies.

**(b)** The employer may:

**(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](http://www.legislation.gov.au/Series/C2009A00028)
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 paragraph (c).

**(c)** If the employer acts as mentioned in paragraph (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 allpurpose 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.

**12.2** **Employee leaving during redundancy notice period**

**(a)** An employee given notice of termination in circumstances of redundancy may
terminate their employment during the minimum period of notice prescribed by
[section 117(3) of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

**(b)** The employee is entitled to receive the benefits and payments they would have
[received under clause 12 or under sections 119–123 of the Act had they remained](http://www.legislation.gov.au/Series/C2009A00028)
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.

**12.3** **Job search entitlement**

**(a)** Where an employer has given notice of termination to an employee in
circumstances of redundancy, the employee must be allowed time off without
loss of pay of up to one day each week of the minimum period of notice
prescribed by section 117(3) of the [Act for the purpose of seeking other](http://www.legislation.gov.au/Series/C2009A00028)
employment.


-----

**(b)** If an employee is allowed time off without loss of pay of more than one day
under paragraph (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 paragraph (b).

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

**(e)** This entitlement applies instead of clauses 11.2 and 11.3.

## Part 4—Minimum Wages and Related Matters

Redundancy

Types of Employment and Termination of Employment

**Employee classification:**

* All employees covered by this award must be classified according to the structure and definitions set out in Schedule B—Classification Definitions (PR988396, PR509049).
* Employers must advise their employees in writing of their classification upon commencement and of any subsequent changes to their classification (PR988396, PR509049).

[[Varied by PR988396, PR509049]](http://www.fwc.gov.au/documents/awardsandorders/html/PR988396.htm)

All employees covered by this award must be classified according to the structure and
definitions set out in Schedule B—Classification Definitions. Employers must advise their
employees in writing of their classification upon commencement and of any subsequent
changes to their classification.

Classifications

**Aged care employee—general:**

* Minimum wages for general aged care employees, excluding senior food services employees (14.1).
    * Level 1: $945.10
    * Level 2: $982.50
    * Level 3: $1020.30
    * Level 4: $1032.30
    * Level 5: $1067.30
    * Level 6: $1124.80
    * Level 7: $1145.00

**Aged care employee—general—most senior food services employee:**

* Minimum wages for the single most senior food services employee at a facility or site, classified under levels 4 to 7 (14.2).
    * Level 4: $1187.10
    * Level 5: $1227.40
    * Level 6: $1293.60
    * Level 7: $1316.70

**Aged care employee—direct care:**

* Minimum wages for direct care employees (14.3).
    * Level 1: $1086.90
    * Level 2: $1129.80
    * Level 3: $1173.30
    * Level 4: $1187.10
    * Level 5: $1227.40
    * Level 6: $1293.60
    * Level 7: $1316.70

**Cooking apprentices:**

* Payment rates for cooking apprentices based on a percentage of the minimum wage for an aged care employee—general—level 4 (14.4).
    * 1st year: 55%
    * 2nd year: 65%
    * 3rd year: 80%
    * 4th year: 95%

**Gardening apprentices:**

* Payment rates for gardening and landscaping apprentices based on a percentage of the minimum wage for an aged care employee—general—level 4 (14.5).
    * Year 1: 50% - 52.5%
    * Year 2: 60% - 65%
    * Year 3: 75%
    * Year 4: 95%
* Updated payment rates for apprentices under this trade on or after 1 January 2015 (14.5(b)).
    * Year 1: 50% - 55%
    * Year 2: 60% - 65%
    * Year 3: 75%
    * Year 4: 95%

**Adult apprentices:**

* Minimum rates for adult apprentices who commenced on or after 1 January 2014 (14.6).
    * First year: 80% of level 4 or applicable rate per clause 14.2 or 14.5, whichever is greater (14.6(a)).
    * Second and subsequent years: The lowest adult classification rate under clause 14.1 or applicable rate per clause 14.2 or 14.5, whichever is greater (14.6(b)).
* Protections for existing employees entering into an adult apprentice training agreement (14.6(c)).

**Apprentice conditions of employment:**

* Conditions of employment specified in the award apply to apprentices unless stated otherwise (14.7(a)).
* Requirement for employers to cover excess reasonable travel costs for block release training, unless a closer RTO could be attended and is feasible (14.7(b)-(d)).
* Employers are to reimburse RTO fees and textbook costs within specified timeframes, unless there is unsatisfactory progress (14.7(e)-(f)).
* Apprentices must be released from work without loss of employment continuity and to receive appropriate wages during training (14.7(g)-(h)).
* Apprentices should not be required to work overtime or shiftwork that would prevent attendance at training, except in emergencies (14.7(i)).

[[14 substituted by PR997899, PR509049, PR522880, PR536683, PR544794 ppc 01Jan14; varied by PR551606,](http://www.fwc.gov.au/documents/awardsandorders/html/PR997899.htm)
[PR559223,](http://www.fwc.gov.au/documents/awardsandorders/html/pr559223.htm) [PR566686, PR579779,](https://www.fwc.gov.au/documents/awardsandorders/html/PR566686.htm) [PR529114,](http://www.fwc.gov.au/documents/awardsandorders/html/pr592114.htm) [PR606342,](https://www.fwc.gov.au/documents/awardsandorders/html/pr606342.htm) [PR707428,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707428.htm) [PR718835,](https://www.fwc.gov.au/documents/awardsandorders/html/pr718835.htm) [PR729273,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729273.htm) [PR733830,](https://www.fwc.gov.au/documents/awardsandorders/html/PR733830.htm)
[PR740693, PR751293, PR762127, PR773902]](https://www.fwc.gov.au/documents/awardsandorders/html/PR740693.htm)

**14.1** **Aged care employee—general**

[14.1 varied by [PR551606,](http://www.fwc.gov.au/documents/awardsandorders/html/PR551606.htm) [PR566686, PR579779,](https://www.fwc.gov.au/documents/awardsandorders/html/PR566686.htm) [PR529114,](http://www.fwc.gov.au/documents/awardsandorders/html/pr592114.htm) [PR606342,](https://www.fwc.gov.au/documents/awardsandorders/html/pr606342.htm) [PR707428,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707428.htm) [PR718835,](https://www.fwc.gov.au/documents/awardsandorders/html/pr718835.htm) [PR729273,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729273.htm)
[PR740693; renamed and substituted by PR751293 ppc 30Jun23; varied by PR762127, PR773902 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR740693.htm)

The following minimum wages apply to employees in the classifications listed in
clause B.1, other than senior food services employees paid in accordance with clause
14.2.

**Classification** **Per week**

**$**

Aged care employee—general—level 1 945.10

Aged care employee—general—level 2 982.50

Aged care employee—general—level 3 1020.30

Aged care employee—general—level 4 1032.30

Aged care employee—general—level 5 1067.30

Aged care employee—general—level 6 1124.80

Aged care employee—general—level 7 1145.00


-----

**14.2** **Aged care employee—general—most senior food services employee**

[[New 14.2 inserted by PR751293 ppc 30Jun23; varied by PR762127, PR773902 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751293.pdf)

The following minimum wages apply to an employee in the classifications Aged care
employee—general—levels 4 to 7 listed in clause B.1, if that employee is the single
most senior food services employee engaged by any employer at the facility or site.

**Classification** **Per week**

**$**

Aged care employee—general—level 4 1187.10

Aged care employee—general—level 5 1227.40

Aged care employee—general—level 6 1293.60

Aged care employee—general—level 7 1316.70

**14.3** **Aged care employee—direct care**

[[New 14.3 inserted by PR751293 ppc 30Jun23; varied by PR762127, PR773902 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751293.pdf)

The following minimum wages apply to employees in the classifications listed in
clause B.2.

**Classification** **Per week**

**$**

Aged care employee—direct care—level 1 1086.90

Aged care employee—direct care—level 2 1129.80

Aged care employee—direct care—level 3 1173.30

Aged care employee—direct care—level 4 1187.10

Aged care employee—direct care—level 5 1227.40

Aged care employee—direct care—level 6 1293.60

Aged care employee—direct care—level 7 1316.70

**14.4** **Cooking apprentices**

[[14.2 renumbered as 14.4 and varied by PR751293 ppc 30Jun23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751293.pdf)

An employee apprenticed in the cooking trade will be paid the percentage of the
minimum wage for an aged care employee—general—level 4 in clause 14.1 set out in
the following table:


**Year of**
**apprenticeship**


**% of Level 4 rate for**

**apprentices who have**

**not completed year 12**


**% of Level 4 rate for**

**apprentices who have**

**completed year 12**


1st year 55 55

2nd year 65 65

3rd year 80 80

4th year 95 95


-----

**14.5** **Gardening apprentices**

[[14.3 renumbered as 14.5 by PR751293 ppc 30Jun23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751293.pdf)

[[14.5(a) varied by PR751293 ppc 30Jun23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751293.pdf)

**(a)** An employee apprenticed in the gardening and landscaping trade will be paid
the percentage of the minimum wage for an aged care employee—general—
level 4 in clause 14.1 set out in the following table:


**Year of**
**apprenticeship**


**% of Level 4 rate for**

**apprentices who have not**

**completed year 12**


**% of Level 4 rate for**

**apprentices who have**

**completed year 12**


1st year 50 52.5

2nd year 60 65

3rd year 75 75

4th year 95 95

[[14.5(b) varied by PR751293 ppc 30Jun23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751293.pdf)

**(b)** An employee apprenticed in the gardening and landscaping trade on or after
1 January 2015 will be paid the percentage of the minimum wage for an aged
care employee—general—level 4 in clause 14.1 set out in the following table:


**Year of**
**apprenticeship**


**% of Level 4 rate for**

**apprentices who have not**

**completed year 12**


**% of Level 4 rate for**

**apprentices who have**

**completed year 12**


1st year 50 55

2nd year 60 65

3rd year 75 75

4th year 95 95

**14.6** **Adult apprentices**

[[14.4 renumbered as 14.6 and varied by PR751293 ppc 30Jun23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751293.pdf)

[[14.6(a) varied by PR751293 ppc 30Jun23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751293.pdf)

**(a)** The minimum rate for an adult apprentice who commenced on or after 1 January
2014 and is in the first year of their apprenticeship must be 80% of the minimum
wage for aged care employee—general—level 4 in clause 14.1, or the rate
prescribed by clause 14.2 or 14.5 for the relevant year of the apprenticeship,
whichever is the greater.

**(b)** The minimum rate for an adult apprentice who commenced on or after 1 January
2014 and is in the second and subsequent years of their apprenticeship must be
the rate for the lowest adult classification in clause 14.1 or the rate prescribed by
the relevant apprenticeship clause 14.2 or 14.5 for the relevant year of the
apprenticeship, whichever is the greater.


-----

[[14.6(c) varied by PR733830 ppc 27Sep21; varied by PR751293 ppc 30Jun23]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733830.htm)

**(c)** A person employed by an employer under this award immediately prior to
entering into a training agreement as an adult apprentice with that employer must
not suffer a reduction in their minimum wage by virtue of entering into the
training agreement, provided that the person has been an employee in that
enterprise for at least six months as a full-time employee or twelve months as a
part-time or regular casual employee immediately prior to commencing the
apprenticeship. For the purpose only of fixing a minimum wage, the adult
apprentice must continue to receive the minimum wage that applies to the
classification specified in clauses 14.1 to 14.3 in which the adult apprentice was
engaged immediately prior to entering into the training agreement.

**14.7** **Apprentice conditions of employment**

[14.5—Apprentice conditions of employment inserted by [PR559223; renumbered as 14.7 by](http://www.fwc.gov.au/documents/awardsandorders/html/pr559223.htm) [PR751293 ppc](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751293.pdf)
30Jun23]

**(a)** Except as provided in this clause or where otherwise stated, all conditions of
employment specified in this award apply to apprentices.

**(b)** Where an apprentice is required to attend block release training for training
identified in or associated with their training contract, and such 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.
Provided that this clause 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.

**(c)** For the purposes of clause 14.7(b) above, excess reasonable travel costs include
the total costs of reasonable transportation (including transportation of tools
where required), accommodation costs incurred while travelling (where
necessary) and reasonable expenses incurred while travelling, including meals,
which exceed those incurred in travelling to and from work. For the purposes of
this subclause, excess travel costs do not include payment for travelling time or
expenses incurred while not travelling to and from block release training.

**(d)** The amount payable by an employer under clause 14.7(b) 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.

**(e)** All training fees charged by an RTO for prescribed courses and the cost of all
prescribed textbooks (excluding those textbooks which are available in the
employer’s technical library) for the apprenticeship, which are paid by an
apprentice, shall be reimbursed by the employer within six months of the
commencement of the apprenticeship or the relevant stage of the apprenticeship,
or within three months of the commencement of the training provided by the
RTO, whichever is the later, unless there is unsatisfactory progress.

**(f)** An employer may meet its obligations under 14.7(e) by paying any fees and/or
cost of textbooks directly to the RTO.


-----

**(g)** An apprentice is entitled to be released from work without loss of continuity of
employment and to payment of the appropriate wages to attend any training and
assessment specified in, or associated with, the training contract.

**(h)** 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. This subclause
operates subject to the provisions of Schedule E—School-based Apprentices.

**(i)** No apprentice will, except in an emergency, work or be required to work
overtime or shiftwork at times which would prevent their attendance at training
consistent with their training contract.

Minimum weekly wages

**Adjustment of expense related allowances:**

* At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor, which is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted (15.1(a)).
* The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0) (15.1(b)).
    * Meal allowance: Take away and fast foods sub-group
    * Clothing and equipment allowance: Clothing and footwear group
    * Tool allowance: Tools and equipment for house and garden component of the household appliances, utensils and tools sub-group
    * Vehicle allowance: Private motoring sub-group

**Clothing and equipment:**

* Employers must supply an adequate number of uniforms appropriate to the occupation free of cost to employees, and these uniforms remain the property of the employer and must be laundered and maintained by the employer (15.2(a)).
* Alternatively, the employer may pay a uniform allowance by agreement with the employee at the rate of $1.23 per shift or $6.24 per week, whichever is lesser. A laundry allowance of $0.32 per shift or $1.49 per week is paid if the employee's uniforms are not laundered by the employer (15.2(b)).
* The uniform allowance, but not the laundry allowance, is paid during all absences on paid leave except for long service leave and personal/carer's leave beyond 21 days. If paid an allowance other than at the weekly rate, the allowance paid during leave is the average of the allowance paid during the four weeks immediately preceding the leave (15.2(c)).
* Employers must reimburse employees for the cost of purchasing rubber gloves, special clothing, or safety equipment if required, unless provided by the employer (15.2(d)).

**Leading hand allowance:**

* A leading hand is an employee placed in charge of not less than two other employees of a substantially similar classification, but does not include any employee whose classification denotes supervisory responsibility (15.3(a)).
* Leading hands will be paid a weekly allowance based on the number of employees they are in charge of (15.3(b)): 
    * 2-5 employees: 2.67% of the standard rate 
    * 6-10 employees: 3.81% of the standard rate 
    * 11-15 employees: 4.81% of the standard rate 
    * 16 or more employees: 5.88% of the standard rate
* This allowance is part of the salary for all purposes of this award (15.3(c)).
* Part-time employees are entitled to this allowance in proportion to the hours worked relative to 38 ordinary hours (15.3(d)).

**Meal allowance:**

* An employee will be supplied with an adequate meal where the employer has adequate cooking and dining facilities or be paid a meal allowance of $16.20 when required to work after the usual finishing hour of work beyond one hour, or if overtime work on any shift exceeds one hour (15.4(a)(i)).
* If overtime work exceeds four hours, a further meal allowance of $14.60 will be paid (15.4(a)(ii)).
* Meal allowance does not apply when an employee could reasonably return home for a meal within the meal break (15.4(b)).
* Meal allowance will be paid on the same day as overtime is worked upon request (15.4(c)).

**Nauseous work allowance:**

* An allowance of 0.05% of the standard rate per hour is paid to an employee handling nauseous linen or performing unusually dirty or offensive work relative to their normal duties. A minimum sum of 0.27% of the standard rate will be paid for such work performed in any week (15.5(a)).
* This allowance is not payable by employers who were not obliged to pay it under terms of an award-based transitional instrument as at 1 January 2010, until 1 January 2011 (15.5(b)).

**Tool allowance:**

* A tool allowance of $13.41 per week for supply and maintenance of tools will be paid to chefs and cooks not provided with all necessary tools by the employer (15.6).

**Travelling, transport and fares:**

* An employee required and authorised to use their own motor vehicle in the course of their duties will be paid an allowance of not less than $0.99 per kilometre (15.7(a)).
* If an employee is involved in travelling on duty and the employer cannot provide appropriate transport, all reasonably incurred expenses in respect to fares, meals, and accommodation will be met by the employer on production of receipted accounts or other evidence acceptable to the employer (15.7(b)).
* Employees are not entitled to reimbursement for expenses that exceed the mode of transport, meals, or accommodation standard agreed with the employer (15.7(c)).

To view the current monetary amounts of work-related allowances refer to the [Allowances](http://www.fwc.gov.au/documents/awards/resources/ma000018-all.pdf)
[Sheet.](http://www.fwc.gov.au/documents/awards/resources/ma000018-all.pdf)

[Varied by [PR988396,](http://www.fwc.gov.au/documents/awardsandorders/html/PR988396.htm) [PR994419,](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm) [PR998128,](http://www.fwc.gov.au/documents/awardsandorders/html/PR998128.htm) [PR502624,](http://www.fwc.gov.au/documents/awardsandorders/html/PR502624.htm) [PR509171,](http://www.fwc.gov.au/documents/awardsandorders/html/PR509171.htm) [PR523001,](http://www.fwc.gov.au/documents/awardsandorders/html/PR523001.htm) [PR536804,](http://www.fwc.gov.au/documents/awardsandorders/html/pr536804.htm) [PR551727,](http://www.fwc.gov.au/documents/awardsandorders/html/PR551727.htm)
[PR566828, PR579523,](http://www.fwc.gov.au/documents/awardsandorders/html/PR566828.htm) [PR592276,](http://www.fwc.gov.au/documents/awardsandorders/html/PR592276.htm) [PR606500,](http://www.fwc.gov.au/documents/awardsandorders/html/pr606500.htm) [PR704095,](https://www.fwc.gov.au/documents/awardsandorders/html/pr704095.htm) [PR707625,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707625.htm) [PR718990,](https://www.fwc.gov.au/documents/awardsandorders/html/pr718990.htm) [PR729458,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729458.htm) [PR740866,](https://www.fwc.gov.au/documents/awardsandorders/html/PR740866.htm)
[PR762290, PR774071]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762290.pdf)

**15.1** **Adjustment of expense related allowances**

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

[[15.1(b) substituted by PR994419 from 01Jan10; varied by PR523001 ppc 01Jul12]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

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

**Allowance** **Applicable CPI figure**

Meal allowance Take away and fast foods sub-group


Clothing and equipment
allowance


Clothing and footwear group


Tool allowance Tools and equipment for house and garden
component of the household appliances,
utensils and tools sub-group

Vehicle allowance Private motoring sub-group

**15.2** **Clothing and equipment**

[[15.2(c) varied by PR502624 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR502624.htm)

**(a)** Employees required by the employer to wear uniforms will be supplied with an
adequate number of uniforms appropriate to the occupation free of cost to
employees. Such items are to remain the property of the employer and be
laundered and maintained by such employer free of cost to the employee.


-----

**(b)** Instead of the provision of such uniforms, the employer may, by agreement with
the employee, pay such employee a uniform allowance at the rate of $1.23 per
shift or part thereof on duty or $6.24 per week, whichever is the lesser amount.
Where such employee’s uniforms are not laundered by or at the expense of the
employer, the employee will be paid a laundry allowance of $0.32 per shift or
part thereof on duty or $1.49 per week, whichever is the lesser amount.

**(c)** The uniform allowance, but not the laundry allowance, will be paid during all
absences on paid leave, except absences on long service leave and absence on
personal/carer’s leave beyond 21 days. Where, prior to the taking of leave, an
employee was paid a uniform allowance other than at the weekly rate, the rate to
be paid during absence on leave will be the average of the allowance paid during
the four weeks immediately preceding the taking of leave.

**(d)** Where an employer requires an employee to wear rubber gloves, special clothing
or where safety equipment is required for the work performed by an employee,
the employer must reimburse the employee for the cost of purchasing such
special clothing or safety equipment, except where such clothing or equipment
is provided by the employer.

**15.3** **Leading hand allowance**

**(a)** A leading hand is an employee who is placed in charge of not less than two other
employees of a substantially similar classification, but does not include any
employee whose classification denotes supervisory responsibility.

[[15.3(b) varied by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**(b)** A leading hand will be paid a weekly allowance of the amount specified by the
item number in accordance with the following scale:

**Leading hand in charge of:** **% of standard rate**

2-5 other employees 2.67

6-10 other employees 3.81

11-15 other employees 4.81

16 or more other employees 5.88

**(c)** This allowance will be part of salary for all purposes of this award.

**(d)** An employee who works less than 38 hours per week will be entitled to the
allowances prescribed by this clause in the same proportion as the average hours
worked each week bears to 38 ordinary hours.

**15.4** **Meal allowance**

[[15.4(a) varied by PR998128, PR509171, PR523001, PR536804, PR551727, PR566828, PR579523,](http://www.fwc.gov.au/documents/awardsandorders/html/PR998128.htm) [PR592276,](http://www.fwc.gov.au/documents/awardsandorders/html/PR592276.htm)
[PR606500, PR704095, PR707625, PR718990, PR729458, PR740866, PR762290, PR774071 ppc 01Jul24]](http://www.fwc.gov.au/documents/awardsandorders/html/pr606500.htm)

**(a)** An employee will be supplied with an adequate meal where an employer has
adequate cooking and dining facilities or be paid a meal allowance of $16.20 in
addition to any overtime payment as follows:

**(i)** when required to work after the usual finishing hour of work beyond one
hour or, in the case of shiftworkers, when the overtime work on any shift
exceeds one hour.


-----

[[15.4(a)(ii) varied by PR718990, PR729458, PR740866, PR762290, PR774071 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/pr718990.htm)

**(ii)** Provided that where such overtime work exceeds four hours a further meal
allowance of $14.60 will be paid.

**(b)** Clause 15.4(a) will not apply when an employee could reasonably return home
for a meal within the meal break.

**(c)** On request meal allowance will be paid on the same day as overtime is worked.

**15.5** **Nauseous work allowance**

**(a)** An allowance of 0.05% of the standard rate per hour or part thereof will be paid
to an employee in any classification if they are engaged in handling linen of a
nauseous nature other than linen sealed in airtight containers and/or for work
which is of an unusually dirty or offensive nature having regard to the duty
normally performed by such employee in such classification. Any employee who
is entitled to be paid an allowance will be paid a minimum sum of 0.27% of the
standard rate for work performed in any week.

**(b)** Notwithstanding the provisions of clause 15.5(a), a nauseous allowance is not
payable by an employer who, at 1 January 2010, was not obliged to pay such an
allowance under the terms of an award based transitional instrument. This
subclause will only operate until 1 January 2011.

**15.6** **Tool allowance**

[[15.6 varied by PR998128, PR579523, PR592276, PR718990, PR729458, PR740866, PR762290, PR774071 ppc](http://www.fwc.gov.au/documents/awardsandorders/html/PR998128.htm)
01Jul24]

A tool allowance of $13.41 per week for the supply and maintenance of tools will be
paid to chefs and cooks who are not provided with all necessary tools by the employer.

**15.7** **Travelling, transport and fares**

[[15.7(a) varied by PR523001, PR536804, PR551727, PR718990, PR740866, PR762290, PR774071 ppc 01Jul24]](http://www.fwc.gov.au/documents/awardsandorders/html/PR523001.htm)

**(a)** An employee required and authorised to use their own motor vehicle in the
course of their duties will be paid an allowance of not less than $0.99 per
kilometre.

**(b)** When an employee is involved in travelling on duty, if the employer cannot
provide the appropriate transport, all reasonably incurred expenses in respect to
fares, meals and accommodation will be met by the employer on production of
receipted account(s) or other evidence acceptable to the employer.

**(c)** Provided further that the employee will not be entitled to reimbursement for
expenses referred to in clause 15.7(b) which exceed the mode of transport, meals
or the standard of accommodation agreed with the employer for these purposes.


-----

Allowances

[[Varied by PR994419, PR503620; deleted by PR561478 ppc 05Mar15]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

District allowances

**Wages—frequency of payment:**

* Wages must be paid weekly or fortnightly (17.1).

**Method of payment:**

* Wages should be paid by cash or electronic funds transfer by no later than payday, with the latter transferred into the bank or financial account nominated by the employee (17.2).

**Payment on termination of employment:**

* When an employee gives notice of termination or is terminated by the employer with notice, all wages and monies owing must be paid by no later than the last day of the notice period (17.3(a)).
* In all other circumstances, the employer must pay all wages and monies owing to the employee by no later than 7 days after termination (17.3(b)).
* This is subject to further orders of the Commission and authorised deductions by the employer as permitted by the award or Act (17.3(c)). 
    * Note: Explanatory notes regarding Section 117(2) of the Act, potential Commission orders delaying wage payments, and state/territory long service leave laws (Notes under clause 17.3).

**Delay:**

* An employer is not liable for delays caused by unforeseen events outside their control, such as bank errors or delays (17.4).

[[Varied by PR721749]](https://www.fwc.gov.au/documents/awardsandorders/html/PR721749.htm)

[[Paragraph numbered as 17.1 by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**17.1** Wages are to be paid weekly or fortnightly.

**17.2** **Method of payment**

[[17.1 renumbered as 17.2 by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

Subject to clause 17.4, by no later than payday, wages must be paid by cash or
electronic funds transfer, the latter into the bank or financial institutional account
nominated by the employee.

**17.3** **Payment on termination of employment**

[[17.2 renumbered as 17.3 by PR994419 from 01Jan10; 17.3—Termination renamed and substituted by PR721749](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)
ppc 26Aug20]

**(a)** When notice of termination of employment has been given by an employee in
accordance with clause 11.1, or an employee’s services have been terminated by
an employer who has provided them with notice in accordance with the [NES,](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
payment of all wages and other monies owing to an employee will be made to
the employee by no later than the last day of the formal notice period.

**(b)** In all other circumstances, the employer must pay all wages and other monies
owing to an employee by no later than 7 days after the day on which the
employee’s employment terminates.

**(c)** The requirement to pay wages and other amounts under clauses 17.3(a) and (b)
is subject to further order of the Commission and the employer making
[deductions authorised by this award or the Act.](http://www.legislation.gov.au/Series/C2009A00028)

[NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an](http://www.legislation.gov.au/Series/C2009A00028)
employee’s employment unless the employer has given the required minimum period
of notice or “has paid” to the employee payment instead of giving them notice.

NOTE 2: Clause 17.3(c) allows the Commission to make an order delaying the
requirement to make a payment under clause 17.3(a) or 17.3(b). 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](http://www.legislation.gov.au/Series/C2009A00028)
[reduce the amount of redundancy pay an employee is entitled to under the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

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](http://www.legislation.gov.au/Series/C2009A00028)
long service leave on the day on which the employee’s employment terminates or
shortly after.


-----

**17.4** **Delay**

[[17.3 renumbered as 17.4 by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

Notwithstanding the above, an employer will not be held liable for any unforeseen
event outside the control of the employer which prevents the employer’s ability to meet
the requirements of this clause, for example bank error or delay.

Payment of wages

**Rules for applying the award:**

* The application of this award is subject to variations made by authorised bodies, which can be found using the provided link (http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm).

Accident pay

**Changes to the Award:**

* This portion of the award has been varied by PR988396 and can be reviewed in detail through the provided link (http://www.fwc.gov.au/documents/awardsandorders/html/PR988396.htm).
* Further details regarding the changes are available in Schedule C.

[[Varied by PR988396]](http://www.fwc.gov.au/documents/awardsandorders/html/PR988396.htm)

See Schedule C

Supported wage system

**Minimum Wage Rates for Traineeships:**

* Schedule E to the Miscellaneous Award 2020 outlines the minimum wage rates and conditions for employees undertaking traineeships (20.1).

* The Aged Care Award 2010 incorporates the terms of Schedule E to the Miscellaneous Award 2020 as of 1 July 2024. Any reference to “this award” in Schedule E should be read as referring to the Aged Care Award 2010, not the Miscellaneous Award 2020 (20.2).

[Varied by [PR988396; substituted by](http://www.fwc.gov.au/documents/awardsandorders/html/PR988396.htm) [PR593814 ppc 01Jul17; varied by](http://www.fwc.gov.au/documents/awardsandorders/html/PR593814.htm) [PR606342,](https://www.fwc.gov.au/documents/awardsandorders/html/pr606342.htm) [PR707428,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707428.htm) [PR720159,](https://www.fwc.gov.au/documents/awardsandorders/html/pr720159.htm)
[PR718835, PR723827, PR729273, PR740693, PR762127, PR773902]](https://www.fwc.gov.au/documents/awardsandorders/html/pr718835.htm)

[[20.1 varied by PR720159 ppc 18Jun20]](https://www.fwc.gov.au/documents/awardsandorders/html/pr720159.htm)

**20.1** Schedule E to the _[Miscellaneous Award 2020 sets out minimum wage rates and](https://www.fwc.gov.au/document-search/view/2/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvYXdhcmRzL01vZGVybkF3YXJkcy9NQTAwMDEwNC5kb2N40?sid=&q=miscellaneous)_
conditions for employees undertaking traineeships.

[[20.2 varied by PR606342, PR707428, PR720159 ppc 18Jun20, PR723827, PR729273, PR740693, PR762127,](https://www.fwc.gov.au/documents/awardsandorders/html/pr606342.htm)
[PR773902 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr773902.pdf)

**20.2** [This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as](https://www.fwc.gov.au/document-search/view/2/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvYXdhcmRzL01vZGVybkF3YXJkcy9NQTAwMDEwNC5kb2N40?sid=&q=miscellaneous)
at 1 July 2024. Provided that any reference to “this award” in Schedule E to the
_[Miscellaneous Award 2020 is to be read as referring to the Aged Care Award 2010 and](https://www.fwc.gov.au/document-search/view/2/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvYXdhcmRzL01vZGVybkF3YXJkcy9NQTAwMDEwNC5kb2N40?sid=&q=miscellaneous)_
[not the Miscellaneous Award 2020.](https://www.fwc.gov.au/document-search/view/2/aHR0cHM6Ly9zYXNyY2RhdGFwcmRhdWVhYS5ibG9iLmNvcmUud2luZG93cy5uZXQvYXdhcmRzL01vZGVybkF3YXJkcy9NQTAwMDEwNC5kb2N40?sid=&q=miscellaneous)

[[20.3 inserted by PR718835 ppc 01Jul20; deleted by PR723827 ppc 01Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/pr718835.htm)

National training wage

**Superannuation legislation:**

* NES and Superannuation legislation such as 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) cover the superannuation rights and obligations of employers and employees (21.1(a)).

* The provisions in clause 21 supplement those under superannuation legislation and the NES (21.1(b)).

* Under superannuation legislation:
  * Employees generally have the choice to select their own superannuation fund.
  * Employers must check with the ATO for details of the employee's stapled superannuation fund if the employee does not choose a fund, and contribute to that fund if details are provided.
  * If no stapled fund exists and no choice is made by the employee, contributions should be made to a nominated superannuation fund that accepts contributions for the benefit of the employee.
  * Contributions to a fund may be restricted if the MySuper product of that fund is closed to new members due to consecutive performance test failures by APRA.

**Employer contributions:**

* Employers must make superannuation contributions to avoid the superannuation guarantee charge under superannuation legislation concerning that employee (21.2).

**Voluntary employee contributions:**

* Employees can authorise their employer in writing to make post-tax wage contributions to the same superannuation fund as employer contributions (21.3(a)).
* Employees can adjust the contribution amount with three months' written notice, effective from the first of the following month (21.3(b)).
* Employers must make the authorised contributions no later than 28 days after the end of the month in which the deduction was made (21.3(c)).

**Superannuation fund:**

* If not required otherwise by superannuation legislation, employers must make contributions and pay amounts authorised to specified superannuation funds, provided they can accept new beneficiaries for new employees (21.4). The specified funds include:
  * First State Super (21.4(a))
  * Health Industry Plan (HIP) (21.4(b))
  * Health Employees Superannuation Trust of Australia (HESTA) (21.4(c))
  * Catholic Super (CSF) (21.4(d))
  * Mercy Super (21.4(e))
  * Sunsuper (21.4(f))
  * Tasplan (21.4(g))
  * CareSuper (21.4(h))
  * NGS Super (21.4(i))
  * AustralianSuper (21.4(j))
  * Any superannuation fund to which the employer was making contributions before 12 September 2008, provided it is an eligible choice fund offering a MySuper product or is an exempt public sector scheme (21.4(k))
  * A superannuation fund or scheme where the employee is a defined benefit member (21.4(l))

[[Varied by PR990530, PR995161, PR994419, PR526089, PR530211, PR533378, PR545985, PR771285]](http://www.fwc.gov.au/alldocuments/PR990530.htm)

**21.1** **Superannuation legislation**

[[21.1 substituted by PR771285 ppc 09Apr24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr771285.pdf)

**(a)** The [NES and Superannuation legislation, including the](https://www.fwc.gov.au/documents/awards/resources/nes.pdf) _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), deal
with the superannuation rights and obligations of employers and employees.

**(b)** The rights and obligations in clause 21 supplement those in superannuation
[legislation and the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)


-----

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their
own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the
employer must ask the Australian Taxation Office (ATO) whether
the employee is an existing member of a stapled superannuation fund
and, if stapled fund details are provided by the ATO, make
contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not
have a stapled fund, the choice of superannuation fund requirements
will be satisfied by contributions made to a superannuation fund
nominated in the award covering the employee, provided the fund is
able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an
employee if the employee would be a new member of the fund’s
MySuper product and the MySuper product is closed to new
members because it has failed the performance tests of Australian
Prudential Regulation Authority (APRA) for 2 consecutive years.

**21.2** **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.

**21.3** **Voluntary employee contributions**

**(a)** Subject to the governing rules of the relevant superannuation fund, an employee
may, in writing, authorise their employer to pay on behalf of the employee a
specified amount from the post-taxation wages of the employee into the same
superannuation fund as the employer makes the superannuation contributions
provided for in clause 21.2.

**(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 21.3(a) or (b) no
later than 28 days after the end of the month in which the deduction authorised
under clauses 21.3(a) or (b) was made.

**21.4** **Superannuation fund**

[[21.4 varied by PR994419, PR771285 ppc 09Apr24]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

Unless, to comply with superannuation legislation, the employer is required to make
the superannuation contributions provided for in clause 21.2 to another superannuation
fund, the employer must make the superannuation contributions provided for in clause
21.2 and pay any amount authorised under clauses 21.3(a) or 21.3(b) to one of the
following superannuation funds or its successor, provided that, in respect of new
employees, the fund is able to accept new beneficiaries:


-----

**(a)** First State Super;

**(b)** Health Industry Plan (HIP);

**(c)** Health Employees Superannuation Trust of Australia (HESTA);

[[21.4(d) deleted by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/PR545985.htm)

[[21.4(e) substituted by PR533378 ppc 22Jan13; renumbered as 21.4(d) by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/pr533378.htm)

**(d)** Catholic Super (CSF);

[[21.4(f) renumbered as 21.4(e) by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/PR545985.htm)

**(e)** Mercy Super;

[[21.4(g) renumbered as 21.4(f) by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/PR545985.htm)

**(f)** Sunsuper;

[[21.4(h) renumbered as 21.4(g) by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/PR545985.htm)

**(g)** Tasplan;

[[21.4(i) substituted by PR530211 ppc 26Oct12; renumbered as 21.4(h) by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/PR530211.htm)

**(h)** CareSuper;

[[21.4(j) varied by PR995161 ppc 23Mar10, PR526089 ppc 09Jul12; renumbered as 21.4(i) by PR545985 ppc](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)
01Jan14]

**(i)** NGS Super;

[[21.4(k) inserted by PR995161 ppc 23Mar10; renumbered as 21.4(j) by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**(j)** AustralianSuper;

[[21.4(k) renumbered as 21.4(l) by PR995161, 21.4(l) renumbered as 21.4(k) and varied by PR545985 ppc](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)
01Jan14]

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

[[New 21.4(l) inserted by PR545985 ppc 01Jan14]](http://www.fwc.gov.au/documents/awardsandorders/html/PR545985.htm)

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


-----

## Part 5—Hours of Work and Related Matters

Superannuation

Minimum Wages and Related Matters

**Ordinary hours of work:**

The ordinary hours of work are 38 hours per week or an average of 38 hours per week worked over 76 hours per fortnight, 114 hours per 21 days, or 152 hours per four-week period. These hours will be worked either:

* In a period of 28 calendar days with not more than 20 workdays in a roster cycle (22.1(a)).
* In a period of 28 calendar days with not more than 19 workdays in a roster cycle, with the twentieth day taken as an accrued paid day off (ADO) (22.1(b)).
* Eight hours on a day shift or 10 hours on a night shift (22.1(c)).

**Span of hours:**

* The ordinary hours of work for a day worker are between 6.00 am and 6.00 pm Monday to Friday (22.2(a)).
* A shiftworker is an employee regularly rostered to work their ordinary hours outside the ordinary hours of work of a day worker as defined in clause 22.2(a) (22.2(b)).

**Rostered days off:**

Employees, excluding casual employees, must have at least two full days off per week, four full days off per fortnight, or eight full days off in each 28-day cycle. Where practicable, these days off will be consecutive (22.3).

**Rest breaks between rostered work:**

* Employees are entitled to a break of not less than 10 hours between the termination of one shift or period of duty and the commencement of another (22.4(a)).
* By mutual agreement, the 10-hour rest break can be reduced to eight hours (22.4(b)).

**Accumulation and taking of accrued days off (ADOs):**

* This clause applies only to full-time employees (22.5(a)).
* ADOs must be taken within 12 months of the date on which the first full ADO accrued (22.5(b)).
* Accumulated ADOs will be paid at ordinary rates if an employee’s employment terminates for any reason (22.5(c)).
* The timing of ADOs will be determined by mutual agreement between the employee and employer, considering the needs of the workplace (22.5(d)). ADOs should be consecutive with the rostered days off where practicable and will not be rostered on public holidays (22.5(d)).

**Rosters:**

* The ordinary hours of work for each employee will be displayed on a roster in a convenient place accessible to employees and displayed at least two weeks before the commencing date of the first working period (22.6(a)).
* Employers are not obliged to display any roster of the ordinary hours of work of casual or relieving staff (22.6(b)).
* Seven days’ notice must be given of any roster change, but rosters may be altered at any time to cover for illness or emergencies (22.6(c)).
* This clause does not apply where the only change to the roster of a part-time employee is the mutually agreed addition of extra hours, provided the employee still has two rostered days off per week or four per fortnight (22.6(d)).
* Where practicable, ADOs should be displayed on the roster (22.6(e)).
* Rostering arrangements and changes can be communicated through various means including telephone, direct contact, mail, email, facsimile, or any electronic means (22.6(f)).
* This clause does not apply to hostel supervisors (22.6(g)).

**Minimum engagements:**

* Full-time employees receive a minimum payment of four hours for each engagement involving ordinary hours of work (22.7(a)).
* Permanent part-time and casual employees receive a minimum payment of two hours for each engagement (22.7(b)).
* Except for meal breaks, hours of work on any day will be continuous (22.7(c)).

**Broken shifts:**

* A broken shift refers to a shift worked by a casual or permanent part-time employee that includes breaks (other than a meal break) totalling not more than four hours, with a maximum span of 12 hours (22.8(a)).
* Broken shifts can be worked only by mutual agreement between employer and employee (22.8(b)).
* Payment for a broken shift is at ordinary pay plus applicable penalty rates and shift allowances (22.8(c)).
* Any work beyond the maximum span of 12 hours will be paid at double time (22.8(d)).
* Employees must receive a minimum break of 10 hours between broken shifts rostered on successive days (22.8(e)).
* Each portion of the broken shift must meet the minimum engagement requirements (22.8(f)).

**Sleepovers:**

Employees may be required to sleepover in addition to their normal rostered shifts, mainly to be on call for emergencies. Conditions include:

* The span of a sleepover is not less than eight hours and not more than 10 hours (22.9(a)).
* Employees must be provided with free board and lodging (22.9(b)).
* Employees must have a separate room with a bed and access to staff or client facilities (22.9(c)).
* Employees are entitled to a sleepover allowance of 5.2% of the standard rate for each night they sleepover (22.9(d)).
* No work, other than emergency work, will be required during a sleepover (22.9(e)).
* Non-emergency work during a sleepover must be paid at the appropriate hourly rate (22.9(f)).
* Time worked counts as time worked and is paid as follows (22.9(g)):
  * Full-time employees receive overtime rates (22.9(g)(i)).
  * Permanent part-time employees receive ordinary pay plus applicable penalties unless they exceed full-time hours, in which case they receive overtime rates (22.9(g)(ii)).
  * Casual employees receive similar treatment to permanent part-time employees (22.9(g)(iii)).
  * If there is no eight-hour break between shifts, employees will be paid double time until released for an eight-hour break (22.9(j)).
* Sleepovers may commence immediately before or after an employee’s shift (22.9(h)).
* Employees will not be required to sleepover during their rostered days off or ADOs (22.9(i)).
* Casual employees are used for sleepovers when full-time or permanent part-time employees are not available (22.9(k)).
* This clause does not prevent employees from being rostered to work shiftwork instead of sleepovers.

[[Varied by PR995161, PR994419, PR509796,](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm) [PR700643, PR713505]](https://www.fwc.gov.au/documents/awardsandorders/html/pr700643.htm)

**22.1** **Ordinary hours of work**

The ordinary hours of work will be 38 hours per week, or an average of 38 hours per
week worked over 76 hours per fortnight or 114 hours per 21 days or 152 hours per
four week period, and will be worked either:

**(a)** in a period of 28 calendar days of not more than 20 work days in a roster cycle;

**(b)** in a period of 28 calendar days of not more than 19 work days in a roster cycle,
with the twentieth day taken as an accrued paid day off (ADO); or

**(c)** eight hours on a day shift or 10 hours on a night shift.

**22.2** **Span of hours**

**(a)** The ordinary hours of work for a day worker will be worked between 6.00 am
and 6.00 pm Monday to Friday.

[[22.2(b) varied by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**(b)** A shiftworker is an employee who is regularly rostered to work their ordinary
hours outside the ordinary hours of work of a day worker, as defined in
clause 22.2(a).

**22.3** **Rostered days off**

Employees, other than a casual employee, will be free from duty for not less than
two full days in each week or four full days in each fortnight or eight full days in each
28 day cycle. Where practicable, days off will be consecutive.

**22.4** **Rest breaks between rostered work**

**(a)** An employee will be allowed a break of not less than 10 hours between the
termination of one shift or period of duty and the commencement of another.

**(b)** By mutual agreement, the 10 hour rest break may be reduced to eight hours.

**22.5** **Accumulation and taking of accrued days off (ADOs)**

**(a)** This clause will only apply to full-time employees.

**(b)** Where an employee is entitled to an ADO in accordance with the arrangement
of ordinary hours of work as set out in clause 22.1, ADOs will be taken within
12 months of the date on which the first full ADO accrued.

**(c)** Where an employee’s employment terminates for any reason, accumulated
ADOs will be paid to the employee at ordinary rates.

**(d)** The taking of an employee’s ADO will be determined, by mutual agreement
between the employee and the employer, having regard to the needs of the place
of employment or sections thereof. Such ADO will, where practicable, be


-----

consecutive with the rostered days off prescribed in clause 22.3 above. ADOs
will not be rostered on public holidays.

**22.6** **Rosters**

**(a)** The ordinary hours of work for each employee will be displayed on a roster in a
place conveniently accessible to employees. Such roster will be displayed at least
two weeks prior to the commencing date of the first working period in any roster
subject to clause 22.6(b) below.

[[22.6(b) deleted by PR509796 ppc 23May11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR509796.htm)

[[22.6(c) renumbered as 22.6(b) by PR509796 ppc 23May11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR509796.htm)

**(b)** It is not obligatory for the employer to display any roster of the ordinary hours
of work of casual or relieving staff.

[[22.6(d) renumbered as 22.6(c) by PR509796 ppc 23May11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR509796.htm)

**(c)** Seven days’ notice will be given of a change in a roster. However, a roster may
be altered at any time to enable the service of the organisation to be carried on
where another employee is absent from duty on account of illness or in an
emergency.

[[22.6(e) renumbered as 22.6(d) by PR509796 ppc 23May11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR509796.htm)

**(d)** This clause will not apply where the only change to the roster of a part-time
employee is the mutually agreed addition of extra hours to be worked such that
the part-time employee still has two rostered days off in that week or four
rostered days off in that fortnight, as the case may be.

[[22.6(f) renumbered as 22.6(e) by PR509796 ppc 23May11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR509796.htm)

**(e)** Where practicable, ADOs will be displayed on the roster.

[[New 22.6(f) inserted by PR700643 ppc 01Oct18]](https://www.fwc.gov.au/documents/awardsandorders/html/pr700643.htm)

**(f)** Rostering arrangements and changes to rosters may be communicated by
telephone, direct contact, mail, email, facsimile or any electronic means of
communication.

[[22.6(g) renumbered as 22.6(f) by PR509796, 22.6(f) renumbered as 22.6(g) by PR700643 ppc 01Oct18]](http://www.fwc.gov.au/documents/awardsandorders/html/PR509796.htm)

**(g)** This clause will not apply to hostel supervisors.

**22.7** **Minimum engagements**

**(a)** Full-time employees will receive a minimum payment of four hours for each
engagement in respect of ordinary hours of work.

[[22.7(b) substituted by PR509796 ppc 23May11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR509796.htm)

**(b)** Permanent part-time and casual employees will receive a minimum payment of
two hours for each engagement.


-----

[[22.7(c) varied by PR994419; deleted by PR509796 ppc 23May11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

[[22.7(d) renumbered as 22.7(c) by PR509796 ppc 23May11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR509796.htm)

**(c)** Subject to clause 22.8, except for meal breaks, the hours of work on any day will
be continuous.

**22.8** **Broken shifts**

With respect to broken shifts:

**(a)** **Broken shift for the purposes of this clause means a shift worked by a casual or**
permanent part-time employee that includes breaks (other than a meal break)
totalling not more than four hours and where the span of hours is not more than
12 hours.

[[22.8(b) varied by PR995161 ppc 23Mar10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**(b)** A broken shift may be worked where there is mutual agreement between the
employer and employee to work the broken shift.

[[22.8(c) varied by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**(c)** Payment for a broken shift will be at ordinary pay with penalty rates and shift
allowances in accordance with clauses 25—Overtime penalty rates and 26—
Shiftwork, with shift allowances being determined by the commencing time of
the broken shift.

**(d)** All work performed beyond the maximum span of 12 hours for a broken shift
will be paid at double time.

**(e)** An employee must receive a minimum break of 10 hours between broken shifts
rostered on successive days.

[[22.8(f) inserted by PR713505 ppc 25Oct19]](https://www.fwc.gov.au/documents/awardsandorders/html/pr713505.htm)

**(f)** Each portion of the shift must meet the minimum engagement requirements in
clause 22.7(b).

**22.9** **Sleepovers**

Employees may, in addition to normal rostered shifts, be required to sleepover.
A sleepover means sleeping in at night in order to be on call for emergencies.

The following conditions will apply to each night of sleepover:

**(a)** The span for a sleepover will be not less than eight hours and not more than
10 hours on any one night.

**(b)** Employees will be provided with free board and lodging for each night on which
they are required to sleepover.

**(c)** Employees will be provided with a separate room with a bed and use of staff
facilities or client facilities where applicable.


-----

[[22.9(d) varied by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**(d)** In addition to the provision of free board and lodging for sleepovers, the
employee will be entitled to a sleepover allowance of 5.2% of the standard rate
for each night on which they sleep over.

**(e)** No work other than that of an emergency nature will be required to be performed
during any sleepover. For the purposes of this clause an emergency is any
unplanned occurrence or event requiring prompt action.

**(f)** An employee directed to perform work other than that of an emergency nature
during any sleepover will be paid the appropriate hourly rate from the start of
the sleepover to the end of the non-emergency work, or from the start of the nonemergency work to the end of the sleepover, whichever is the lesser, in addition
to the sleepover allowance in clause 22.9(d).

**(g)** All time worked during any sleepover will count as time worked and be paid for
in accordance with the following provisions:

**(i)** All time worked by full-time employees during any sleepover will be paid
for at overtime rates.

**(ii)** All time worked by permanent part-time employees during any sleepover
will be paid for at ordinary pay plus applicable shift and weekend
penalties; provided that, if the total number of hours worked on that day
exceeds the number of hours worked by full-time employees, or 11 hours
where there are no such full-time employees, then the excess hours worked
on that day will be paid for at overtime rates; and provided further that if
the total number of hours worked in the week exceeds 38 hours, or exceeds
76 hours in the fortnight, then the excess hours worked in that week or
fortnight will be paid for at overtime rates.

**(iii)** All time worked by casual employees during any sleepover will be paid

for at ordinary pay plus applicable shift and weekend penalties; provided
that if the total number of hours worked in the week exceeds 38 hours, or
exceeds 76 hours in the fortnight, then the excess hours worked in that
week or fortnight will be paid for at overtime rates.


**(iv)** And provided further that where the employee does not have eight

consecutive hours off duty between ordinary rostered duty on successive
days, then the provisions of clause 22.9(j) will apply.

**(h)** A sleepover may be rostered to commence immediately at the conclusion of the
employee’s shift and continuous with that shift; and/or immediately prior to the
employee’s shift and continuous with that shift, and not otherwise.

**(i)** No employee will be required to sleepover during any part of their rostered days
off or ADOs.

**(j)** An employee (whether a full-time employee, permanent part-time employee or
casual employee) who performs so much work during sleepover periods between
the termination of their ordinary work on any day or shift and the commencement
of their ordinary work on the next day or shift that they have not had at least
eight consecutive hours off duty between these times will, subject to this clause,
be released after completion of such work until they have had eight consecutive


-----

hours off duty without loss of pay for ordinary working time occurring during
such absence. If, on the instruction of the employer, such an employee resumes
or continues to work without having eight consecutive hours off duty, the
employee will be paid at double the appropriate rate until they are released from
duty for eight consecutive hours and will be entitled to be absent until they have
had 10 consecutive hours off duty without loss of pay for ordinary working time
occurring during such absence.

**(k)** Casual employees may only be used for sleepovers when full-time employees or
permanent part-time employees are not available for that duty. In no case will
casual employees be used exclusively, or almost exclusively, for sleepovers.

Nothing in this clause will preclude the employer from rostering an employee to work
shiftwork instead of undertaking sleepovers.

Ordinary hours of work and rostering

**Weekend penalty rates:**

* Employees whose ordinary working hours include work on a Saturday and/or Sunday will be paid at the following rates:
  * For ordinary hours worked between midnight on Friday and midnight on Saturday - time and a half (23.1).
  * For ordinary hours worked between midnight on Saturday and midnight on Sunday - time and three quarters (23.1).
  * These extra rates will substitute and not accumulate with the shift premiums outlined in clause 26—Shiftwork (23.1).

**Weekend rates for casual employees:**

* Casual employees who work on weekends will be paid at the following rates:
  * Between midnight Friday and midnight Saturday – 175% of the ordinary hourly rate (23.2(a)).
  * Between midnight Saturday and midnight Sunday – 200% of the ordinary hourly rate (23.2(b)).

* The rates prescribed for casual employees on weekends will substitute and not accumulate with the casual loading outlined in clause 10.4(b) (23.3).

[[Varied by PR995161, PR713505]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**23.1** Employees whose ordinary working hours include work on a Saturday and/or Sunday,
will be paid for ordinary hours worked between midnight on Friday and midnight on
Saturday at the rate of time and a half, and for ordinary hours worked between
midnight on Saturday and midnight on Sunday at the rate of time and three quarters.
These extra rates will be in substitution for and not cumulative upon the shift premiums
prescribed in clause 26—Shiftwork.

[[23.2 substituted by PR995161, PR713505 ppc 01Jul20]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**23.2** A casual employee who works on a weekend will be paid the following rates:

**(a)** between midnight Friday and midnight Saturday – 175% of the ordinary hourly
rate; and

**(b)** between midnight Saturday and midnight Sunday – 200% of the ordinary hourly
rate.

[[23.3 inserted by PR713505 ppc 01Jul20]](http://www.fwc.gov.au/documents/awardsandorders/html/PR713505.htm)

**23.3** The rates prescribed in clause 23.2 will be in substitution for and not cumulative upon
the casual loading prescribed in clause 10.4(b).

Saturday and Sunday work

**Meal breaks:**

* Employees who work more than five hours are entitled to an unpaid meal break lasting between 30 and 60 minutes, taken at a mutually agreed time (24.1(a)).
* If an employee is required to remain available for duty or is on duty during their meal break, they will be paid at overtime rates from the start of the meal break until a duty-free meal break is taken or the shift ends, whichever occurs first. While paid at overtime rates, the time worked will be counted as ordinary time (24.1(b)).

**Tea breaks:**

* Employees working an ordinary shift of 7.6 hours or more are entitled to two separate 10-minute tea breaks, in addition to meal breaks (24.2(a)).
* Employees working less than 7.6 ordinary hours are entitled to one 10-minute tea break in each four-hour period (24.2(b)).
* Subject to mutual agreement, tea breaks may be combined to create one 20-minute interval (24.2(c)).
* Tea breaks are considered time worked (24.2(d)).

[[Varied by PR995161]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**24.1** **Meal breaks**

**(a)** Each employee who works in excess of five hours will be entitled to an unpaid
meal break of not less than 30 minutes and not more than 60 minutes duration,
to be taken at a mutually agreed time after commencing work.

[[24.1(b) varied by PR994419; substituted by PR995161 ppc 23Mar10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**(b)** Where an employee is required to remain available to attend to duty or is on duty
during their meal break, the employee will be paid at overtime rates for all time


-----

worked from the commencement of that meal break until such time that a meal
break free from duty is taken by the employee or the employee’s shift ends
(whichever occurs first). Whilst payment will be calculated at overtime rates, the
time worked until the meal break is taken will be regarded and count as an
employee’s ordinary time.

**24.2** **Tea breaks**

**(a)** Two separate 10 minute intervals (in addition to meal breaks) will be allowed to
each employee on duty during each ordinary shift of 7.6 hours or more.

**(b)** Where less than 7.6 ordinary hours are worked, employees will be allowed one
10 minute interval in each four hour period.

**(c)** Subject to mutual agreement, such intervals may alternatively be taken as one
20 minute interval.

**(d)** Tea breaks will count as time worked.

Breaks

**Overtime rates:**

**Full-time employees:**

* Full-time employees will be paid as follows for work done beyond their rostered ordinary hours (25.1(a)(i)):
  * Monday to Friday: 150% of the hourly rate for the first two hours and 200% after two hours (25.1(a)(i)(A)).
  * Saturday and Sunday: 200% of the hourly rate (25.1(a)(i)(B)).
  * Public holidays: 250% of the hourly rate (25.1(a)(i)(C)).
* Overtime rates replace, and are not cumulative upon, shift premiums as prescribed in clause 26.1 (25.1(a)(ii)).

**Part-time employees:**

* Part-time employees working in excess of 38 hours per week or 76 per fortnight will be paid as follows (25.1(b)(i)):
  * Monday to Friday: 150% of the hourly rate for the first two hours and 200% after two hours (25.1(b)(i)(A)).
  * Saturday and Sunday: 200% of the hourly rate (25.1(b)(i)(B)).
  * Public holidays: 250% of the hourly rate (25.1(b)(i)(C)).
* Time worked in excess of 10 hours per day will be paid as follows (25.1(b)(ii)):
  * Monday to Saturday: 150% of the hourly rate for the first two hours and 200% after two hours (25.1(b)(ii)(A)).
  * Sunday: 200% of the hourly rate (25.1(b)(ii)(B)).
  * Public holidays: 250% of the hourly rate (25.1(b)(ii)(C)).
* Time worked beyond a part-time employee’s rostered hours will be paid at the rates prescribed in 25.1(b)(i) unless an agreement to change hours is made (25.1(b)(iii)).

**Casual employees:**

* Casual employees working in excess of 38 hours per week or 76 hours per fortnight will be paid as follows (25.1(c)(i)):
  * Monday to Friday: 187.5% of the hourly rate for the first two hours and 250% after two hours (25.1(c)(i)(A)).
  * Saturday and Sunday: 250% of the hourly rate (25.1(c)(i)(B)).
  * Public holidays: 312.5% of the hourly rate (25.1(c)(i)(C)).
* Time worked in excess of 10 hours per day will be paid as follows (25.1(c)(ii)):
  * Monday to Saturday: 187.5% of the hourly rate for the first two hours and 250% after two hours (25.1(c)(ii)(A)).
  * Sunday: 250% of the hourly rate (25.1(c)(ii)(B)).
  * Public holidays: 312.5% of the hourly rate (25.1(c)(ii)(C)).
* Overtime rates include casual loading as prescribed by clause 10.4(b) (Note).

**Rest period after overtime:**

* Employees other than casuals who work overtime such that they do not get 10 consecutive hours off duty between work periods must be released until they have had 10 consecutive hours off duty without loss of pay (25.1(d)(i)).
* If an employer requires an employee to continue work without having 10 consecutive hours off duty, the employee will be paid at 200% of the hourly rate until they are released for the required rest period (25.1(d)(ii)).

**Recall to work overtime:**

* Employees recalled to work overtime after leaving the employer’s premises will be paid for a minimum of four hours’ work at the appropriate rate (25.1(e)).

**Rest break during overtime:**

* Employees recalled to work overtime and required to work more than four hours will be allowed 20 minutes for a meal and a further 20 minutes after each subsequent four hours of overtime, counted as time worked (25.1(f)(i)).
* Meals referred to in 25.1(f)(i) will be provided free of charge. If the facility is unable to provide meals, a meal allowance as prescribed in clause 15.4 will be paid (25.1(f)(ii)).

**Time off instead of payment for overtime:**

* An employer and employee may agree in writing to time off instead of payment for overtime (25.2(a)).
* Overtime worked in a particular pay period to be taken as time off must be agreed separately (25.2(b)).
* Agreement must include details such as the number of hours worked, agreement to take time off, payment terms if requested, and timing for such payment (25.2(c)).
* Time off must be taken within six months of the overtime worked and at a mutually agreed time (25.2(e)).
* If not taken within six months, or upon employee request, payment must be made at the applicable overtime rate (25.2(g), 25.2(f)).
* Employer must keep a copy of any agreement (25.2(h)).
* Employers must not exert undue influence on an employee’s decision to make an agreement (25.2(i)).
* An employee may request under section 65 of the Act to take time off instead of being paid for overtime, subject to reasonable business grounds for refusal (25.2(j)).
* Any unused time off at the termination of employment must be paid at the applicable overtime rate (25.2(k)).

[[Varied by PR995161, PR994419, PR995661, PR584066, PR723844, PR763212]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**25.1** **Overtime rates**

**(a)** **Full-time employees**

[[25.1(a) substituted by PR723844 ppc 01Mar21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723844.htm)

**(i)** A full-time employee will be paid the following for all work done in
addition to their rostered ordinary hours on any day:

**(A)** for all authorised overtime on Monday to Friday, payment will be

made at the rate of 150% of the hourly rate (plus any all-purpose
allowance payable) for the first two hours and 200% after two hours;

**(B)** for all authorised overtime on a Saturday or Sunday, payment will

be made at the rate of 200% of the hourly rate (plus any all-purpose
allowance payable); and


**(C)** for all authorised overtime on a public holiday, payment will be

made at the rate of 250% of the hourly rate (plus any all-purpose
allowance payable).

**(ii)** Overtime rates under this clause will be in substitution for, and not
cumulative upon, the shift premiums prescribed in clause 26.1.

**(b)** **Part-time employees**

[[25.1(b) renamed by PR995161; renamed and substituted by PR723844 ppc 01Mar21]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**(i)** All time worked by a part-time employee in excess of 38 hours per week
or 76 per fortnight will be paid at the following rates:

**(A)** Monday to Friday—150% of the hourly rate (plus any all-purpose

allowance payable) for the first two hours and 200% of the hourly
rate (plus any all-purpose allowance payable) after two hours;


-----

**(B)** Saturday and Sunday—200% of the hourly rate (plus any all
purpose allowance payable); and


**(C)** Public holidays—250% of the hourly rate (plus any all-purpose

allowance payable).

**(ii)** All time worked by a part-time employee which exceeds 10 hours per day,
will be paid for at the following rates:

**(A)** Monday to Saturday—150% of the hourly rate (plus any all-purpose

allowance payable) for the first two hours and 200% of the hourly
rate (plus any all-purpose allowance payable) after two hours;

**(B)** Sunday—200% of the hourly rate (plus any all-purpose allowance

payable); and

**(C)** Public holidays—250% of the hourly rate (plus any all-purpose

allowance payable).


**(iii)** All time worked in excess of a part-time employee’s rostered hours on any

one day (unless an agreement has been entered into under clause 10.3(c)),
will be overtime and paid at the rates prescribed by clause 25.1(b)(i).

**(c)** **Casual employees**

[[25.1(c) varied by PR995161; deleted by PR584066 ppc 22Aug16]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

[[New 25.1(c) inserted by PR723844 ppc 01Mar21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723844.htm)

**(i)** A casual employee will be paid for all time worked in excess of 38 hours
per week or 76 hours per fortnight at the following rates:

**(A) Monday to Friday—187.5% of the hourly rate (plus any all-purpose**

allowance payable) for the first two hours and 250% of the hourly
rate (plus any all-purpose allowance payable) after two hours;

**(B)** Saturday and Sunday—250% of the hourly rate (plus any all
purpose allowance payable); and


**(C) Public holidays—312.5% of the hourly rate (plus any all-purpose**

allowance payable).

**(ii)** A casual employee will be paid the following rates for all time worked in
excess of 10 hours per day:

**(A)** Monday to Saturday—187.5% of the hourly rate (plus any all
purpose allowance payable) for the first two hours and 250% of the
hourly rate (plus any all-purpose allowance payable) after two hours;

**(B)** Sunday—250% of the hourly rate (plus any all-purpose allowance

payable); and


**(C)** Public holidays—312.5% of the hourly rate (plus any all-purpose

allowance payable).

NOTE: The overtime rates for casual employees have been calculated by adding
the casual loading prescribed by clause 10.4(b) to the hourly rate (plus any all

-----

purpose allowance payable) before applying the overtime rates for full-time and
part-time employees prescribed by clauses 25.1(a) and 25.1(b).

**(d)** **Rest period after overtime**

[25.1(d) renumbered as 25.1(c) by [PR584066 ppc 22Aug16; 25.1(c) renumbered as 25.1(d) by](http://www.fwc.gov.au/documents/awardsandorders/html/PR584066.htm) [PR723844 ppc](https://www.fwc.gov.au/documents/awardsandorders/html/PR723844.htm)
01Mar21]

**(i)** An employee, other than a casual, who works so much overtime between
the termination of their ordinary work on any day or shift and the
commencement of their ordinary work on the next day or shift, that they
have not had at least 10 consecutive hours off duty between those times,
will be released after completion of such overtime until they have had
10 consecutive hours off duty without loss of pay for rostered ordinary
hours occurring during such absence.

[[25.1(d)(ii) varied by PR723844 ppc 01Mar21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723844.htm)

**(ii)** If on the instructions of the employer, such an employee resumes or
continues work without having had 10 consecutive hours off duty, they
will be paid at the rate of 200% of the hourly rate (plus any all-purpose
allowance payable) until they are released from duty for such rest period
and they will then be entitled to be absent until they have had 10
consecutive hours off duty without loss of pay for rostered ordinary hours
occurring during such absence.

**(e)** **Recall to work overtime**

[25.1(e) renumbered as 25.1(d) by [PR584066 ppc 22Aug16; 25.1(d) renumbered as 25.1(e) by](http://www.fwc.gov.au/documents/awardsandorders/html/PR584066.htm) [PR723844 ppc](https://www.fwc.gov.au/documents/awardsandorders/html/PR723844.htm)
01Mar21]

An employee recalled to work overtime after leaving the employer’s premises
will be paid for a minimum of four hours’ work at the appropriate rate for each
time so recalled. If the work required is completed in less than four hours, the
employee will be released from duty.

**(f)** **Rest break during overtime**

[25.1(f) renumbered as 25.1(e) by [PR584066 ppc 22Aug16; 25.1(e) renumbered as 25.1(f) by](http://www.fwc.gov.au/documents/awardsandorders/html/PR584066.htm) [PR723844 ppc](https://www.fwc.gov.au/documents/awardsandorders/html/PR723844.htm)
01Mar21]

**(i)** An employee recalled to work overtime after leaving the employer’s
premises and who is required to work for more than four hours will be
allowed 20 minutes for the partaking of a meal and a further 20 minutes
after each subsequent four hours overtime; all such time will be counted
as time worked.

[[25.1(f)(ii) varied by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**(ii)** The meals referred to in clause 25.1(f)(i) will be allowed to the employee
free of charge. Where the facility is unable to provide such meals, a meal
allowance, as prescribed in clause 15.4 will be paid to the employee
concerned.


-----

**25.2** **Time off instead of payment for overtime**

[[25.2 inserted by PR584066 ppc 22Aug16]](http://www.fwc.gov.au/documents/awardsandorders/html/PR584066.htm)

**(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 25.2.

**(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 subparagraph (iii) must be made in the next

pay period following the request.

Note: An example of the type of agreement required by this clause is set out at
Schedule H. There is no requirement to use the form of agreement set out at
Schedule H. An agreement under clause 25.2 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 25.2 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 25.2 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 paragraph (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 25.2 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 25.2 will apply, including the
requirement for separate written agreements under paragraph (b) for overtime
that has been worked.

[[Note varied by PR763212 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763212.pdf)

[Note: If an employee makes a request under section 65 of the Act for a change](http://www.legislation.gov.au/Series/C2009A00028)
in working arrangements, the employer may only refuse that request on
[reasonable business grounds (see section 65A(3) of the Act).](http://www.legislation.gov.au/Series/C2009A00028)

**(k)** If, on the termination of the employee’s employment, time off for overtime
worked by the employee to which clause 25.2 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 25.2.

Overtime penalty rates

**Shift Allowances and Penalty Rates:**

**Afternoon and Night Shifts:**

* Employees working afternoon or night shift are entitled to additional rates as follows (26.1):
  * Afternoon shift commencing between 10.00 am and before 1.00 pm: 10% of the ordinary hourly rate (26.1(a)).
  * Afternoon shift commencing between 1.00 pm and before 4.00 pm: 12.5% of the ordinary hourly rate (26.1(b)).
  * Night shift commencing between 4.00 pm and before 4.00 am: 15% of the ordinary hourly rate (26.1(c)).
  * Night shift commencing between 4.00 am and before 6.00 am: 10% of the ordinary hourly rate (26.1(d)).

**Application of Shift Allowances:**

* Employees working less than 38 hours per week are only entitled to additional rates if their shift starts before 6.00 am or finishes after 6.00 pm (26.1).

**Shift Allowance for Entire Shift:**

* Employees entitled to a shift allowance under clause 26.1 will be paid the allowance for the entire shift (26.2).

**Definition of Ordinary Hourly Rate:**

* For the purposes of clause 26.1, the “ordinary hourly rate” means the appropriate weekly rate divided by 38 (26.3).

[[Varied by PR995161]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**26.1** **Shift allowances and penalty rates**

[[26.1 varied by PR995161 ppc 23Mar10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

Employees working afternoon or night shift will be paid the following percentages in
addition to the ordinary rate for such shift. Provided that employees who work less
than 38 hours per week will only be entitled to the additional rates where their shift
commence prior to 6.00 am or finish subsequent to 6.00 pm.

**(a)** Afternoon shift commencing at 10.00 am and before 1.00 pm—10% of the
ordinary hourly rate

**(b)** Afternoon shift commencing at 1.00 pm and before 4.00 pm—12.5% of the
ordinary hourly rate

**(c)** Night shift commencing at 4.00 pm and before 4.00 am—15% of the ordinary
hourly rate

**(d)** Night shift commencing at 4.00 am and before 6.00 am—10% of the ordinary
hourly rate

[[26.2 inserted by PR995161 ppc 23Mar10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**26.2** An employee entitled to a shift allowance under clause 26.1, will be paid the shift
allowance for the entire shift.


-----

[[26.3 inserted by PR995161 ppc 23Mar10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**26.3** For the purposes of clause 26.1, “ordinary hourly rate” means the appropriate weekly
rate divided by 38.

Shiftwork

**Higher Duties:**

* An employee performing duties with a higher wage rate than their usual classification for a day or shift is compensated as follows (27.1):
  * For work up to two hours: Paid at the higher wage rate for the time worked (27.1(a)).
  * For work exceeding two hours: Paid at the higher wage rate for the full day or shift (27.1(b)).

**27.1** An employee engaged in any duties carrying a higher wage rate than the classification
in which they are ordinarily employed in any one day or shift will be paid at the higher
wage rate for:

**(a)** the time so worked for two hours or less; or

**(b)** a full day or shift where the time so worked exceeds two hours.

Higher duties

**Requests for flexible working arrangements:**

* These are provided for in the National Employment Standards (NES).
* Disputes regarding these requests may be dealt with under clause 9—Dispute resolution and/or under section 65B of the Act.

[[27A inserted by PR701412 ppc 01Dec18; substituted by PR763212 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/html/pr701412.htm)

[Requests for flexible working arrangements are provided for in the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

NOTE: Disputes about requests for flexible working arrangements may be dealt with under
[clause 9—Dispute resolution and/or under section 65B of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

## Part 6—Leave and Public Holidays

Requests for flexible working arrangements

Hours of Work and Related Matters

**Annual leave and additional provisions:**

**Quantum of annual leave:**

* Shiftworkers are defined as employees regularly rostered to work their ordinary hours outside the ordinary hours of work for day workers (as per clause 22.2(a)), or working more than four ordinary hours on 10 or more weekends (28.2(a)).
* A weekend means work in ordinary time on a Saturday and/or Sunday within one calendar week (28.2(b)).

**Annual leave loading:**

* Employees, excluding shiftworkers, receive an annual leave loading of 17.5% of their ordinary rate of pay (28.3(a)).
* Shiftworkers receive the higher of a 17.5% annual leave loading or the weekend and shift penalties they would have earned if not on leave (28.3(b)).

**Annual leave in advance:**

* Employers and employees can agree in writing to take paid annual leave in advance before it is accrued (28.4(a)).
* The agreement must specify the amount of leave and the start date, and be signed by the employer, employee, and the employee’s parent or guardian if under 18 (28.4(b)).
* A copy of the agreement must be kept as an employee record (28.4(c)).
* If employment ends before the leave is accrued, the employer may deduct the unaccrued leave from termination payments (28.4(d)).

**Cashing out of annual leave:**

* Paid annual leave can only be cashed out by written agreement (28.5(a)-(c)).
* Each cash-out requires a separate agreement, specifying the amount of leave, payment, and date (28.5(d)-(e)).
* The payment must at least match the amount payable if the leave were taken (28.5(f)).
* Agreements cannot leave less than four weeks of accrued leave and can cash out a maximum of two weeks of leave per 12 months (28.5(g)-(h)).
* The employer must keep a copy of the agreement (28.5(i)).

**Excessive leave accruals:**

* Having more than eight weeks (or ten weeks for shiftworkers) of paid annual leave is considered excessive (28.6(a)).
* Employer and employee should try to reach an agreement to reduce excessive leave (28.6(b)).
* Employers can direct employees to take leave if agreement cannot be reached, but must follow specific guidelines (28.7(a)-(b)).
* The employee must comply with valid leave directions but can request alternate leave periods (28.7(c)-(d)).
* Employees can request to take leave if they hold excessive leave for more than six months and no employer direction addresses the excess (28.8(a)-(b)).
* Employee leave requests must conform to specific constraints regarding remaining leave, length of leave, and timing (28.8(c)-(d)).

[[Varied by PR994419, PR995161, PR997021, PR582952]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

[[Preamble numbered as 28.1 by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**28.1** [Annual leave is provided for in the NES. This clause contains additional provisions.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**28.2** **Quantum of annual leave**

[[28.1 renumbered as 28.2 by PR994419 ppc 01Jan10; 28.2 substituted by PR997021 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**(a)** [For the purposes of the NES a shiftworker is defined as:](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**(i)** an employee who is regularly rostered to work their ordinary hours outside
the ordinary hours of work as a day worker as defined in clause 22.2(a);
and/or

**(ii)** an employee who works for more than four ordinary hours on 10 or more
weekends.

**(b)** For the purpose of the clause 28.2(a), a weekend means work in ordinary time
on a Saturday and/or a Sunday in any one calendar week.


-----

[[28.1(c) inserted by PR995161; 28.2(c) deleted by PR582952 ppc 29Jul16]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

**28.3** **Annual leave loading**

[[28.2 renumbered as 28.3 by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**(a)** In addition to their ordinary pay, an employee, other than a shiftworker, will be
paid an annual leave loading of 17.5 % of their ordinary rate of pay.

**(b)** Shiftworkers, in addition to their ordinary pay, will be paid the higher of:

**(i)** annual leave loading of 17.5% of their ordinary rate of pay; or

**(ii)** the weekend and shift penalties the employee would have received had
they not been on leave during the relevant period.

**28.4** **Annual leave in advance**

[[28.4 inserted by PR582952 ppc 29Jul16]](http://www.fwc.gov.au/documents/awardsandorders/html/PR582952.htm)

**(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 the
leave is to be 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 28.4 is set out at
Schedule F. There is no requirement to use the form of agreement set out at
Schedule F.

**(c)** The employer must keep a copy of any agreement under clause 28.4 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 28.4, 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.

**28.5** **Cashing out of annual leave**

[[28.5 inserted by PR582952 ppc 29Jul16]](http://www.fwc.gov.au/documents/awardsandorders/html/PR582952.htm)

**(a)** Paid annual leave must not be cashed out except in accordance with an
agreement under clause 28.5.

**(b)** Each cashing out of a particular amount of paid annual leave must be the subject
of a separate agreement under clause 28.5.

**(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 28.5 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 28.5 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 28.5 as an
employee record.

Note 1: Under section 344 of the Fair Work Act, an employer must not exert undue
influence or undue pressure on an employee to make, or not make, an agreement under
clause 28.5.

Note 2: Under section 345(1) of the Fair Work Act, a person must not knowingly or
recklessly make a false or misleading representation about the workplace rights of
another person under clause 28.5.

Note 3: An example of the type of agreement required by clause 28.5 is set out at
Schedule G. There is no requirement to use the form of agreement set out at Schedule
G.

**28.6** **Excessive leave accruals: general provision**

[[28.6 inserted by PR582952 ppc 29Jul16]](http://www.fwc.gov.au/documents/awardsandorders/html/PR582952.htm)

Note: Clauses 28.6 to 28.8 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 Fair Work 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 28.2(a)).

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

**(d)** Clause 28.8 sets out how an employee who has an excessive leave accrual may
require an employer to grant paid annual leave requested by the employee.


-----

**28.7** **Excessive leave accruals: direction by employer that leave be taken**

[[28.7 inserted by PR582952 ppc 29Jul16]](http://www.fwc.gov.au/documents/awardsandorders/html/PR582952.htm)

**(a)** If an employer has genuinely tried to reach agreement with an employee under
clause 28.6(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 paragraph (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 28.6,
28.7 or 28.8 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
paragraph (a) that is in effect.

**(d)** An employee to whom a direction has been given under paragraph (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 paragraph (d) may result
in the direction ceasing to have effect. See clause 28.7(b)(i).

Note 2: Under section 88(2) of the Fair Work Act, the employer must not unreasonably
refuse to agree to a request by the employee to take paid annual leave.

**28.8** **Excessive leave accruals: request by employee for leave**

[[28.8 inserted by PR582952; substituted by PR582984 ppc 29Jul17]](http://www.fwc.gov.au/documents/awardsandorders/html/PR582952.htm)

**(a)** If an employee has genuinely tried to reach agreement with an employer under
clause 28.6(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
paragraph (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 28.7(a) that,
when any other paid annual leave arrangements (whether made under


-----

clause 28.6, 28.7 or 28.8 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 paragraph (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 28.6, 28.7 or 28.8
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 paragraph (a) more than
4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as
defined by clause 28.2(a)) in any period of 12 months.

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

Annual leave

**Public holidays:**

**Payment for working on a public holiday:**

* Full-time day workers:
    * A full-time employee will, in addition to their ordinary pay for work performed on a public holiday, elect to receive one of the following (29.2(a)):
        * Payment of an additional sum equal to 150% for hours worked (29.2(a)(i)); or
        * Have the same number of hours worked added to their annual leave (29.2(a)(ii)).
    * The election in clauses 29.2(a)(i) and 29.2(a)(ii) will be made at the commencement of employment and then on the anniversary date each year. The employee may not alter said election during the year except with the employer's agreement (29.2(a)).
    * If a full-time employee does not work on a public holiday or part-day public holiday, they will be paid their ordinary pay for that day or part-day (29.2(a)).
    * Payments under this clause are instead of any additional rate for shift or weekend work which would otherwise be payable had the shift not been on a public holiday (29.2(a)).

* Part-time employees:
    * A part-time employee will only be entitled to payment for those public holidays that fall on days they are normally rostered to work (29.2(b)(i)).
    * A part-time employee will, in addition to their ordinary pay for work performed on a public holiday, elect to receive one of the following (29.2(b)(ii)):
        * Payment of an additional sum equal to 150% for hours worked; or
        * Have the same number of hours worked added to their annual leave.
    * The election in clause 29.2(b)(ii) will be made at the commencement of employment and then on the anniversary date each year. The employee may not alter such election during the year except with the employer's agreement (29.2(b)(iii)).
    * If a part-time employee is rostered off on a public holiday they would ordinarily work, they will be paid their ordinary pay for that day or part-day (29.2(b)(iv)).
    * Payments under this clause are instead of any additional rate for shift or weekend work which would otherwise be payable had the shift not been a public holiday (29.2(b)(v)).

* Casual employees:
    * A casual employee will be paid only for those public holidays they work at 275% of the ordinary hourly rate for hours worked (29.2(c)(i)).
    * The rates prescribed in clause 29.2(c)(i) will be in substitution for and not cumulative upon the casual loading prescribed in clause 10.4(b) and weekend rates prescribed in clause 23.2 (29.2(c)(ii)).
    * Payments under this clause are instead of any additional rate for shift or weekend work which would otherwise be payable had the shift not been a public holiday (29.2(c)(iii)).

[[Varied by PR995161, PR559823, PR561875, PR713505; PR747559]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

[[Paragraph numbered as 29.1 by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**29.1** Public holidays are provided for in the [NES. This clause contains additional](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
provisions.

**29.2** **Payment for working on a public holiday**

[[29.1 renumbered as 29.2 by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**(a)** **Full-time day workers**

[[29.2(a) varied by PR995161 ppc 23Mar10; corrected by PR559823 ppc 23Mar10, PR561875 ppc 23Mar10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR995161.htm)

A full-time employee who will, in addition to their ordinary pay for work
performed on a public holiday, elect to receive one of the following:

**(i)** payment of an additional sum equal to 150% for hours worked; or

[[29.2(a)(ii) varied by PR747559 ppc 14Nov22](https://www.fwc.gov.au/documents/awardsandorders/html/pr747559.htm)

**(ii)** have the same number of hours worked added to their annual leave.

-  The election in clauses 29.2(a)(i) and (ii) will be made on the

commencement of employment and then on the anniversary date each


-----

year. The employee may not alter such election during the year except
with the agreement of the employer.

-  A full-time employee who does not work on a public holiday or part-day

public holiday will be paid their ordinary pay for that day or part-day.



-  Payments under this clause are instead of any additional rate for shift or

weekend work which would otherwise be payable had the shift not been
on a public holiday.

**(b)** **Part-time employees**

**(i)** A part-time employee will only be entitled to payment for those public
holidays that fall on days they are normally rostered to work.

**(ii)** A part-time employee will, in addition to their ordinary pay for work
performed on a public holiday, elect to receive one of the following:

-  payment of an additional sum equal to 150% for hours worked; or

-  have the same number of hours worked added to their annual leave.

**(iii)** The election in clause 29.2(b)(ii) will be made on the commencement of

employment and then on the anniversary date each year. The employee
may not alter such election during the year except with the agreement of
the employer.

[[29.2(b)(iv) varied by PR747559 ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/pr747559.htm)

**(iv)** A part-time employee who is rostered off on a public holiday they would

ordinarily work will be paid their ordinary pay for that day or part-day.

**(v)** Payments under this clause are instead of any additional rate for shift or
weekend work which would otherwise be payable had the shift not been a
public holiday.

[[29.2(c) substituted by PR713505 ppc 01Jul20]](http://www.fwc.gov.au/documents/awardsandorders/html/PR713505.htm)

**(c)** **Casual employees**

**(i)** A casual employee will be paid only for those public holidays they work
at 275% of the ordinary hourly rate for hours worked.

**(ii)** The rates prescribed in clause 29.2(c)(i) will be in substitution for and not
cumulative upon the casual loading prescribed in clause 10.4(b) and
weekend rates prescribed in clause 23.2.

**(iii)** Payments under this clause are instead of any additional rate for shift or

weekend work which would otherwise be payable had the shift not been a
public holiday.

Public holidays

[Personal/carer's leave and compassionate leave are provided for in the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

[Personal/carer’s leave and compassionate leave are provided for in the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)


-----

Personal/carer’s leave and compassionate leave

[Parental leave and related entitlements are provided for in the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under [clause 9—Dispute resolution and/or under section 76B of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

[[30A inserted by PR763212 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763212.pdf)

[Parental leave and related entitlements are provided for in the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under
[clause 9—Dispute resolution and/or under section 76B of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

Parental leave and related entitlements

[Community service leave is provided for in the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

Community service leave

**Aboriginal ceremonial leave:**

* An employee required by Aboriginal tradition to be absent from work for ceremonial purposes is entitled to up to 10 working days unpaid leave in any calendar year, subject to employer approval (section not numbered).

An employee who is legitimately required by Aboriginal tradition to be absent from work for
Aboriginal ceremonial purposes will be entitled to up to 10 working days unpaid leave in any
one year, with the approval of the employer.

Ceremonial leave

**Leave to deal with Family and Domestic Violence:**

Family and domestic violence leave is provided for in the National Employment Standards (NES).

* Information given to employers about an employee’s experience with family and domestic violence is sensitive and confidentiality is required (note).
* Employers must follow confidentiality requirements under section 106C of the Act and reporting requirements on payslips as per regulations 3.47 and 3.48 of the Fair Work Regulations 2009 (note).
* Evidence needed for leave may include a police issued document, court order, family violence support service document, or statutory declaration (note).

[33—Leave to deal with Family and Domestic Violence renamed and substituted by [PR740267; 33—Unpaid](https://www.fwc.gov.au/documents/awardsandorders/html/pr740267.htm)
[family and domestic violence leave renamed and substituted by PR750406 ppc 15Mar23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr750406.pdf)

[Family and domestic violence leave is provided for in the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

NOTE 1: Information provided to employers concerning an employee’s experience of family
and domestic violence is sensitive and if mishandled can have adverse consequences for the
employee. Employers are subject to confidentiality requirements regarding the handling of this
information under section 106C of the [Act and requirements as to what can be reported on](https://www.legislation.gov.au/Series/C2009A00028)
payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations 2009.

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.


-----

Family and domestic violence leave

Leave and Public Holidays

**General:**

* The schedule's provisions address minimum obligations only (A.1.1). 
* These provisions apply when there are differences in money or percentage terms between a transitional minimum wage instrument/award-based transitional instrument and this award (A.1.2(a)-(d)). 

**Minimum wages – existing minimum wage lower:**

* Transitional arrangements apply to employers obligated to pay lower minimum wages before 1 January 2010 (A.2.1). 
* Minimum wage includes wages for junior employees, employees in training, and those with disabilities, piecework rates, and industry allowances (A.2.2). 
* Before 1 July 2010, employers must pay no less than the minimum wage in the relevant transitional instrument (A.2.3). 
* The difference between the minimum wage in this award and the transitional minimum wage is the transitional amount (A.2.4). 
* From specified dates, employers must reduce the transitional amount proportionally until 1 July 2014 (A.2.5):
  * 1 July 2010: 80%
  * 1 July 2011: 60%
  * 1 July 2012: 40%
  * 1 July 2013: 20%
* Employers must apply any wage increases resulting from annual wage reviews (A.2.6). 
* These provisions cease operation from 1 July 2014 (A.2.7). 

**Minimum wages – existing minimum wage higher:**

* Transitional arrangements apply to employers obligated to pay higher minimum wages before 1 January 2010 (A.3.1). 
* Minimum wage includes wages for junior employees, employees in training, and those with disabilities, piecework rates, and industry allowances (A.3.2). 
* Before 1 July 2010, employers must pay no less than the minimum wage in the relevant transitional instrument (A.3.3). 
* The difference between the minimum wage in this award and the transitional minimum wage is the transitional amount (A.3.4). 
* From specified dates, employers must reduce the transitional amount proportionally until 1 July 2014 (A.3.5):
  * 1 July 2010: 80%
  * 1 July 2011: 60%
  * 1 July 2012: 40%
  * 1 July 2013: 20%
* Employers must apply any wage increases resulting from annual wage reviews. If the transitional amount is equal to or less than the increase, the transitional amount is set off against the increase (A.3.6). 
* These provisions cease operation from 1 July 2014 (A.3.7). 

**Loadings and penalty rates:**

* Loading or penalty includes casual or part-time loading, Saturday, Sunday, public holiday, evening or other penalties, and shift allowances/penalties (A.4). 

**Loadings and penalty rates – existing loading or penalty rate lower:**

* Transitional arrangements apply to employers obligated to pay lower loading or penalty rates before 1 January 2010 (A.5.1). 
* Before 1 July 2010, employers must pay no less than the loading or penalty in the relevant transitional instrument (A.5.2). 
* The difference between the loading or penalty in this award and the rate in A.5.2 is the transitional percentage (A.5.3). 
* From specified dates, employers must reduce the transitional percentage proportionally until 1 July 2014 (A.5.4):
  * 1 July 2010: 80%
  * 1 July 2011: 60%
  * 1 July 2012: 40%
  * 1 July 2013: 20%
* These provisions cease operation from 1 July 2014 (A.5.5). 

**Loadings and penalty rates – existing loading or penalty rate higher:**

* Transitional arrangements apply to employers obligated to pay higher loading or penalty rates before 1 January 2010 (A.6.1). 
* Before 1 July 2010, employers must pay no less than the loading or penalty in the relevant transitional instrument (A.6.2). 
* The difference between the loading or penalty in this award and the rate in A.6.2 is the transitional percentage (A.6.3). 
* From specified dates, employers must increase the loading or penalty proportionally until 1 July 2014 (A.6.4):
  * 1 July 2010: 80%
  * 1 July 2011: 60%
  * 1 July 2012: 40%
  * 1 July 2013: 20%
* These provisions cease operation from 1 July 2014 (A.6.5). 

**Loadings and penalty rates – no existing loading or penalty rate:**

* Transitional arrangements apply to employers not covered by clause A.5 or A.6 (A.7.1). 
* Before 1 July 2010, employers need not pay the loading or penalty in this award (A.7.2). 
* From specified dates, employers must increase the loading or penalty proportionally until 1 July 2014 (A.7.3):
  * 1 July 2010: 20%
  * 1 July 2011: 40%
  * 1 July 2012: 60%
  * 1 July 2013: 80%
* These provisions cease operation from 1 July 2014 (A.7.4). 

**Former Division 2B employers:**

* Applies to employers covered by a Division 2B State award before 1 January 2011 (A.8.1). 
* Terms of the Division 2B State award continue until the end of the pay period before 1 February 2011 (A.8.2). 
* From 1 February 2011, Division 2B employers must pay no less than this Schedule's minimum wages, loadings, and penalty rates (A.8.3). 
* If the Division 2B State award's wage/loading is lower or higher than this award, Division 2B employers pay the corresponding rate in this award (A.8.4 - A.8.5). 
* This Schedule operates from 1 January 2011 and ceases operation from 1 July 2014 for Division 2B employers (A.8.6).

[[Sched A inserted by PR988396 ppc 01Jan10; varied by PR994419, PR503620]](http://www.fwc.gov.au/documents/awardsandorders/html/PR988396.htm)

### A.1 General

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

[[A.1.2 substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**A.1.2** The provisions of this schedule are to be applied:

**(a)** when there is a difference, in money or percentage terms, between a provision
in a relevant transitional minimum wage instrument (including the transitional
default casual loading) or award-based transitional instrument on the one hand
and an equivalent provision in this award on the other;

**(b)** when a loading or penalty in a relevant transitional minimum wage instrument
or award-based transitional instrument has no equivalent provision in this award;

**(c)** when a loading or penalty in this award has no equivalent provision in a relevant
transitional minimum wage instrument or award-based transitional instrument;
or

**(d)** when there is a loading or penalty in this award but there is no relevant
transitional minimum wage instrument or award-based transitional instrument.

### A.2 Minimum wages – existing minimum wage lower

**A.2.1** The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:

**(a)** was obliged,

[[A.2.1(b) substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

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

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

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

**A.2.2** In this clause minimum wage includes:

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

**(b)** a piecework rate; and

**(c)** any applicable industry allowance.

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


-----

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

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

**First full pay period on or after**

1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%

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

**A.2.7** These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.

### A.3 Minimum wages – existing minimum wage higher

**A.3.1** The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:

**(a)** was obliged,

[[A.3.1(b) substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

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

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

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

**A.3.2** In this clause minimum wage includes:

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

**(b)** a piecework rate; and

**(c)** any applicable industry allowance.

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

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


-----

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

**First full pay period on or after**

1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%

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

**A.3.7** These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.

### A.4 Loadings and penalty rates

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

-  casual or part-time loading;

-  Saturday, Sunday, public holiday, evening or other penalty;

-  shift allowance/penalty.

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

[[A.5.1 substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**A.5.1** The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:

**(a)** was obliged,

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

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

by the terms of a transitional minimum wage instrument or an award-based transitional
instrument to pay a particular loading or penalty at a lower rate than the equivalent
loading or penalty in this award for any classification of employee.

[[A.5.2 substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**A.5.2** Prior to the first full pay period on or after 1 July 2010 the employer must pay no less
than the loading or penalty in the relevant transitional minimum wage instrument or
award-based transitional instrument for the classification concerned.

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


-----

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

**First full pay period on or after**

1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%

**A.5.5** These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.

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

[[A.6.1 substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**A.6.1** The following transitional arrangements apply to an employer which, immediately
prior to 1 January 2010:

**(a)** was obliged,

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

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

by the terms of a transitional minimum wage instrument or an award-based transitional
instrument to pay a particular loading or penalty at a higher rate than the equivalent
loading or penalty in this award, or to pay a particular loading or penalty and there is
no equivalent loading or penalty in this award, for any classification of employee.

[[A.6.2 substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

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

[[A.6.3 substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**A.6.3** The difference between the loading or penalty in this award and the rate in clause A.6.2
is referred to as the transitional percentage. Where there is no equivalent loading or
penalty in this award, the transitional percentage is the rate in A.6.2.

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

**First full pay period on or after**

1 July 2010 80%

1 July 2011 60%

1 July 2012 40%

1 July 2013 20%


-----

**A.6.5** These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.

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

[[A.7.1 substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**A.7.1** The following transitional arrangements apply to an employer not covered by
clause A.5 or A.6 in relation to a particular loading or penalty in this award.

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

[[A.7.3 substituted by PR994419 from 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**A.7.3** From the following dates the employer must pay no less than the following percentage
of the loading or penalty in this award:

**First full pay period on or after**

1 July 2010 20%

1 July 2011 40%

1 July 2012 60%

1 July 2013 80%

**A.7.4** These provisions cease to operate from the beginning of the first full pay period on or
after 1 July 2014.

### A.8 Former Division 2B employers 

[[A.8 inserted by PR503620 ppc 01Jan11]](http://www.fwc.gov.au/documents/awardsandorders/html/PR503620.htm)

**A.8.1** This clause applies to an employer which, immediately prior to 1 January 2011, was
covered by a Division 2B State award.

**A.8.2** All of the terms of a Division 2B State award applying to a Division 2B employer are
continued in effect until the end of the full pay period commencing before 1 February
2011.

**A.8.3** Subject to this clause, from the first full pay period commencing on or after 1 February
2011 a Division 2B employer must pay no less than the minimum wages, loadings and
penalty rates which it would be required to pay under this Schedule if it had been a
national system employer immediately prior to 1 January 2010.

**A.8.4** Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division
2B State award immediately prior to 1 February 2011 was lower than the
corresponding minimum wage, loading or penalty rate in this award, nothing in this
Schedule requires a Division 2B employer to pay more than the minimum wage,
loading or penalty rate in this award.

**A.8.5** Despite clause A.8.3, where a minimum wage, loading or penalty rate in a Division
2B State award immediately prior to 1 February 2011 was higher than the
corresponding minimum wage, loading or penalty rate in this award, nothing in this
Schedule requires a Division 2B employer to pay less than the minimum wage, loading
or penalty rate in this award.


-----

**A.8.6** In relation to a Division 2B employer this Schedule commences to operate from the
beginning of the first full pay period on or after 1 January 2011 and ceases to operate
from the beginning of the first full pay period on or after 1 July 2014.


-----

Transitional Provisions

**General:**

* This award is the Aged Care Award 2010.

**Aged care employee—general:**

**Aged care employee—general—level 1:**

**Entry level:** Employee with less than three months’ work experience performing basic duties. Works within established routines, under direct or routine supervision, and requires no previous experience or training. Duties include general clerk, laundry hand, cleaner, and assistant gardener (B.1.1).

**Aged care employee—general—level 2:** Employee capable of prioritising work within established routines, responsible for work with limited accountability, works under limited supervision, and requires specific on-the-job training or relevant skills training or experience. Duties include general clerk/typist (3 months to less than 1 year of service), laundry hand, cleaner, gardener (non-trade), maintenance/handyperson (unqualified), driver (less than 3 ton), and food services assistant (B.1.2).

**Aged care employee—general—level 3:** Employee capable of prioritising work within established routines, responsible for work with medium accountability, works under limited supervision, and requires specific on-the-job training or relevant skills training or experience. Clerical functions include general clerk/typist (second and subsequent years of service), receptionist, pay clerk, and driver (less than 3 ton) required to hold a St John Ambulance first aid certificate (B.1.3).

**Aged care employee—general—level 4:** Employee capable of prioritising work within established policies, responsible for work with medium accountability, works under limited supervision, requires good communication and arithmetic skills, and may require formal qualifications or relevant skills training. Duties include senior clerk, senior receptionist, maintenance/handyperson (qualified), driver (3 ton and over), and gardener (trade or TAFE Certificate III or above) (B.1.4).

**Aged care employee—general—level 5:** Employee capable of functioning semi-autonomously, responsible for work with substantial accountability, works in a team or individually, may supervise others, requires comprehensive knowledge of medical terminology and, possible use of computer, possesses problem-solving abilities, and may require formal or trade qualifications. Duties include secretary interpreter (unqualified) and chef (B.1.5).

**Aged care employee—general—level 6:** Employee with high-level autonomy, responsible for substantial accountability, works in a team or individually, requires comprehensive computer knowledge, problem-solving abilities, and may need post-trade or advanced certificate qualifications. Duties include maintenance tradesperson (advanced) and gardener (advanced) (B.1.6).

**Aged care employee—general—level 7:** Employee functioning autonomously, prioritising work and others’ work, responsible for substantial accountability, may supervise others, requires comprehensive computer knowledge, administrative, and problem-solving skills, may need trade or advanced certificate qualifications. Duties include clerical supervisor, interpreter (qualified), gardener superintendent, general services supervisor, and senior chef (B.1.7).

**Aged care employee—direct care:**

**Aged care employee—direct care—level 1:** Employee with less than three months’ work experience performing basic duties. Works within established routines, under direct or routine supervision, and requires no previous experience or training. No indicative task specified (B.2.1).

**Aged care employee—direct care—level 2:** Employee capable of prioritising work within established routines, responsible for work with limited accountability, works under limited supervision, possesses communication skills, and requires specific on-the-job training or relevant skills training or experience. Duties include personal care worker grade 1 (B.2.2).

**Aged care employee—direct care—level 3:** Employee capable of prioritising work within established routines, responsible for work with medium accountability, works under limited supervision, possesses communication and arithmetic skills, and requires specific on-the-job training or relevant skills training or experience. Duties include personal care worker grade 2 and recreational/lifestyle activities officer (unqualified) (B.2.3).

**Aged care employee—direct care—level 4:** Employee capable of prioritising work within established policies, responsible for work with medium accountability, works under limited supervision, possesses good communication and arithmetic skills, requires specific on-the-job training, may need formal qualifications and, for personal care workers, holds a relevant Certificate 3 qualification. Duties include personal care worker grade 3 (B.2.4).

**Aged care employee—direct care—level 5:** Employee functioning semi-autonomously, responsible for substantial accountability, works in a team or individually, may supervise others, requires administrative skills, basic computer knowledge, problem-solving abilities, and may need formal or trade qualifications. Duties include personal care worker grade 4 (B.2.5).

**Aged care employee—direct care—level 6:** Employee with high-level autonomy, responsible for substantial accountability, works in a team or individually, may require comprehensive computer knowledge, possesses administrative and problem-solving skills, and may need post-trade or advanced certificate qualifications. No indicative task specified (B.2.6).

**Aged care employee—direct care—level 7:** Employee functioning autonomously, responsible for substantial accountability, may supervise others, works in a team or individually, may require comprehensive computer knowledge, possesses administrative and problem-solving skills, and may need trade or advanced certificate qualifications. Duties include personal care worker grade 5 (B.2.7).

**General notes:**

* Minimum wages for these classifications are provided in clause 14.1. A higher rate applies for Aged care employee—general—levels 4 to 7 if the employee is the single most senior food services employee engaged at the facility or site (B.1).

[[Sched A renumbered as Sched B by PR988396; varied by PR997254, PR713505; substituted by PR751293 ppc](http://www.fwc.gov.au/documents/awardsandorders/html/PR988396.htm)
30Jun23]

Note: Any dispute about the classification of a particular employee may be referred to the Fair
Work Commission in accordance with clause 9 of this award.

### B.1 Aged care employee—general

NOTE: Minimum wages for the classifications listed in clause B.1 are provided in clause 14.1,
however, as set out in clause 14.2, a higher rate applies for Aged care employee—general—
levels 4 to 7 if that employee is the single most senior food services employee engaged by any
employer at the facility or site.

**B.1.1** **Aged care employee—general—level 1**

**Entry level:**

An employee who has less than three months’ work experience in the industry and performs
basic duties.

An employee at this level:

-  works within established routines, methods and procedures;

-  has minimal responsibility, accountability or discretion;

-  works under direct or routine supervision, either individually or in a team; and

-  requires no previous experience or training.

Indicative tasks performed at this level are:

**General and administrative services** **Food services**


General clerk

Laundry hand

Cleaner

Assistant gardener

**B.1.2** **Aged care employee—general—level 2**

An employee at this level:


Food services assistant



-  is capable of prioritising work within established routines, methods and procedures;

-  is responsible for work performed with a limited level of accountability or discretion;

-  works under limited supervision, either individually or in a team;

-  possesses sound communication skills; and

-  requires specific on-the-job training and/or relevant skills training or experience.

Indicative tasks performed at this level are:


-----

**General and administrative services** **Food services**


General clerk/Typist (between 3 months’
and less than 1 year’s service)

Laundry hand

Cleaner

Gardener (non-trade)

Maintenance/Handyperson (unqualified)

Driver (less than 3 ton)

**B.1.3** **Aged care employee—general—level 3**

An employee at this level:


Food services assistant



-  is capable of prioritising work within established routines, methods and procedures

(non admin/clerical);

-  is responsible for work performed with a medium level of accountability or

discretion (non admin/clerical);

-  works under limited supervision, either individually or in a team (non

admin/clerical);

-  possesses sound communication and/or arithmetic skills (non admin/clerical);



-  requires specific on-the-job training and/or relevant skills training or experience (non

admin/clerical); and

-  In the case of an admin/clerical employee, undertakes a range of basic clerical

functions within established routines, methods and procedures.

Indicative tasks performed at this level are:

**General and administrative services** **Food services**


General clerk/Typist (second and subsequent
years of service)

Receptionist

Pay clerk

Driver (less than 3 ton) who is required to hold a
St John Ambulance first aid certificate

**B.1.4** **Aged care employee—general—level 4**

An employee at this level:


Cook



-  is capable of prioritising work within established policies, guidelines and procedures;

-  is responsible for work performed with a medium level of accountability or

discretion;

-  works under limited supervision, either individually or in a team;

-  possesses good communication, interpersonal and/or arithmetic skills; and


-----

-  requires specific on-the-job training, may require formal qualifications and/or

relevant skills training or experience.

Indicative tasks performed at this level are:

**General and administrative services** **Food services**


Senior clerk

Senior receptionist

Maintenance/Handyperson (qualified)

Driver (3 ton and over)

Gardener (trade or TAFE Certificate III or above)

**B.1.5** **Aged care employee—general—level 5**

An employee at this level:


Senior cook (trade)



-  is capable of functioning semi-autonomously, and prioritising their own work within

established policies, guidelines and procedures;

-  is responsible for work performed with a substantial level of accountability;

-  works either individually or in a team;

-  may assist with supervision of others;



-  requires a comprehensive knowledge of medical terminology and/or a working

knowledge of health insurance schemes (admin/clerical);

-  may require basic computer knowledge or be required to use a computer on a regular

basis;

-  possesses administrative skills and problem solving abilities;

-  possesses well developed communication, interpersonal and/or arithmetic skills; and



-  requires substantial on-the-job training, may require formal qualifications at trade or

certificate level and/or relevant skills training or experience.

Indicative tasks performed at this level are:

**General and administrative services** **Food services**

Secretary interpreter (unqualified) Chef

**B.1.6** **Aged care employee—general—level 6**

An employee at this level:

-  is capable of functioning with a high level of autonomy, and prioritising their work

within established policies, guidelines and procedures;

-  is responsible for work performed with a substantial level of accountability and

responsibility;

-  works either individually or in a team;


-----

-  may require comprehensive computer knowledge or be required to use a computer

on a regular basis;

-  possesses administrative skills and problem solving abilities;

-  possesses well developed communication, interpersonal and/or arithmetic skills; and

-  may require formal qualifications at post-trade or Advanced Certificate or Associate

Diploma level and/or relevant skills training or experience.

Indicative tasks performed at this level are:

**General and administrative services** **Food services**


Maintenance tradesperson (advanced)

Gardener (advanced)

**B.1.7** **Aged care employee—general—level 7**

An employee at this level:


Senior chef



-  is capable of functioning autonomously, and prioritising their work and the work of

others within established policies, guidelines and procedures;

-  is responsible for work performed with a substantial level of accountability and

responsibility;

-  may supervise the work of others, including work allocation, rostering and guidance;

-  works either individually or in a team;

-  may require comprehensive computer knowledge or be required to use a computer

on a regular basis;

-  possesses developed administrative skills and problem solving abilities;

-  possesses well developed communication, interpersonal and/or arithmetic skills; and

-  may require formal qualifications at trade or Advanced Certificate or Associate

Diploma level and/or relevant skills training or experience.

Indicative tasks performed at this level are:

**General and administrative services** **Food services**


Clerical supervisor

Interpreter (qualified)

Gardener superintendent

General services supervisor

### B.2 Aged care employee—direct care

**B.2.1** **Aged care employee—direct care—level 1**


Chef /Food services supervisor


An employee who has less than three months’ work experience in the industry and performs
basic duties.

An employee at this level:


-----

-  works within established routines, methods and procedures;

-  has minimal responsibility, accountability or discretion;

-  works under direct or routine supervision, either individually or in a team; and

-  requires no previous experience or training.

Indicative tasks performed at this level are:

**Personal care**

No indicative task

**B.2.2** **Aged care employee—direct care—level 2**

An employee at this level:

-  is capable of prioritising work within established routines, methods and procedures;

-  is responsible for work performed with a limited level of accountability or discretion;

-  works under limited supervision, either individually or in a team;

-  possesses sound communication skills; and

-  requires specific on-the-job training and/or relevant skills training or experience.

Indicative tasks performed at this level are:

**Personal care**

Personal care worker grade 1

**B.2.3** **Aged care employee—direct care—level 3**

An employee at this level:

-  is capable of prioritising work within established routines, methods and procedures;

-  is responsible for work performed with a medium level of accountability or

discretion;

-  works under limited supervision, either individually or in a team;

-  possesses sound communication and/or arithmetic skills; and

-  requires specific on-the-job training and/or relevant skills training or experience.

Indicative tasks performed at this level are:

**Personal care**

Personal care worker grade 2

Recreational/Lifestyle activities officer (unqualified)

**B.2.4** **Aged care employee—direct care—level 4**

An employee at this level:

-  is capable of prioritising work within established policies, guidelines and procedures;


-----

-  is responsible for work performed with a medium level of accountability or

discretion;

-  works under limited supervision, either individually or in a team;

-  possesses good communication, interpersonal and/or arithmetic skills;

-  requires specific on-the-job training, may require formal qualifications and/or

relevant skills training or experience; and



-  in the case of a personal care worker, holds a relevant Certificate 3 qualification (or

possesses equivalent knowledge and skills) and uses the skills and knowledge gained
from that qualification in the performance of their work.

Indicative tasks performed at this level are:

**Personal care**

Personal care worker grade 3

**B.2.5** **Aged care employee—direct care—level 5**

An employee at this level:

-  is capable of functioning semi-autonomously, and prioritising their own work within

established policies, guidelines and procedures;

-  is responsible for work performed with a substantial level of accountability;

-  works either individually or in a team;

-  may assist with supervision of others;

-  may require basic computer knowledge or be required to use a computer on a regular

basis;

-  possesses administrative skills and problem solving abilities;

-  possesses well developed communication, interpersonal and/or arithmetic skills; and



-  requires substantial on-the-job training, may require formal qualifications at trade or

certificate level and/or relevant skills training or experience.

Indicative tasks performed at this level are:

**Personal care**

Personal care worker grade 4

**B.2.6** **Aged care employee—direct care—level 6**

An employee at this level:

is capable of functioning with a high level of autonomy, and prioritising their work
within established policies, guidelines and procedures;

is responsible for work performed with a substantial level of accountability and
responsibility;

works either individually or in a team;


-----

may require comprehensive computer knowledge or be required to use a computer on
a regular basis;

possesses administrative skills and problem solving abilities;

possesses well developed communication, interpersonal and/or arithmetic skills; and

may require formal qualifications at post-trade or Advanced Certificate or Associate
Diploma level and/or relevant skills training or experience.

Indicative tasks performed at this level are:

**Personal care**

No indicative task

**B.2.7** **Aged care employee—direct care—level 7**

An employee at this level:

-  is capable of functioning autonomously, and prioritising their work and the work of

others within established policies, guidelines and procedures;

-  is responsible for work performed with a substantial level of accountability and

responsibility;

-  may supervise the work of others, including work allocation, rostering and guidance;

-  works either individually or in a team;

-  may require comprehensive computer knowledge or be required to use a computer

on a regular basis;

-  possesses developed administrative skills and problem solving abilities;

-  possesses well developed communication, interpersonal and/or arithmetic skills; and



-  may require formal qualifications at trade or Advanced Certificate or Associate

Diploma level and/or relevant skills training or experience.

Indicative tasks performed at this level are:

**Personal care**

Personal care worker grade 5


-----

Classification Definitions

**General:**

* This award is the Aged Care Award 2010.

**Supported Wage System:**

* This schedule applies to employees with disabilities who are eligible for a supported wage (C.1). An "approved assessor" is accredited by the Commonwealth's supported wage management unit to assess an individual’s productive capacity (C.2).
* The assessment instrument records the productive capacity of the person for supported wage employment (C.2).
* "Disability support pension" refers to the Commonwealth pension scheme provided under the Social Security Act 1991 (C.2).
* "Relevant minimum wage" means the minimum wage prescribed in this award for the work class engaged (C.2).
* The "supported wage system" promotes employment for those unable to work at full award wages due to disability and is documented in the Supported Wage System Handbook (C.2).
* An "SWS wage assessment agreement" is a document from the Department of Social Services that records the employee’s productive capacity and agreed wage rate (C.2).

**Eligibility criteria:**

* Applicable to employees unable to perform the required duties due to a disability and who meet the criteria for a disability support pension (C.3.1).
* Not applicable to existing employees with workers compensation claims or claims under provisions relating to the rehabilitation of employees injured at work (C.3.2).

**Supported wage rates:**

* Employees will be paid a percentage of the relevant minimum wage based on their assessed capacity (C.4.1):
  - 10% capacity = 10% of the relevant minimum wage
  - 20% capacity = 20% of the relevant minimum wage
  - 30% capacity = 30% of the relevant minimum wage
  - 40% capacity = 40% of the relevant minimum wage
  - 50% capacity = 50% of the relevant minimum wage
  - 60% capacity = 60% of the relevant minimum wage
  - 70% capacity = 70% of the relevant minimum wage
  - 80% capacity = 80% of the relevant minimum wage
  - 90% capacity = 90% of the relevant minimum wage
* The minimum amount payable must be no less than $106 per week (C.4.2).
* Employees with a 10% assessed capacity must receive a high degree of assistance and support (C.4.3).

**Assessment of capacity:**

* An approved assessor, in consultation with the employer, employee, and union if desired by the employee, will assess the employee's productive capacity (C.5.1).
* All assessments must be documented in an SWS wage assessment agreement and retained by the employer as a time and wages record (C.5.2).

**Lodgement of SWS wage assessment agreement:**

* All SWS wage assessment agreements must be lodged with the Fair Work Commission by the employer (C.6.1).
* Agreements must be signed by both employee and employer. If a relevant union is not a party, the Fair Work Commission must refer the agreement to the union, which takes effect unless an objection is raised within 10 working days (C.6.2).

**Review of assessment:**

* The assessment of the applicable percentage must be subject to annual or more frequent review upon reasonable request, following the procedures under the supported wage system (C.7).

**Other terms and conditions of employment:**

* The applicable percentage applies only to the relevant minimum wage. Employees are entitled to the same terms and conditions as other employees covered by the award on a pro-rata basis (C.8).

**Workplace adjustment:**

* Employers must take reasonable steps to adjust workplace conditions to enhance the employee’s capacity to perform job duties. Changes may include re-design of job duties, working time arrangements, and work organisation (C.9).

**Trial period:**

* Employers may employ a person under this schedule for a trial period not exceeding 12 weeks for capacity assessment. Additional work adjustment time (not exceeding four weeks) may be needed (C.10.1).
* During the trial period, capacity will be assessed, and the percentage of the relevant minimum wage for ongoing employment will be determined (C.10.2).
* The minimum amount payable during the trial period is no less than $106 per week (C.10.3).
* Work trials should include appropriate induction or training (C.10.4).
* After the trial period, a new contract of employment will be entered into based on the assessment if both parties wish to continue the relationship (C.10.5).

[[Sched B renumbered as Sched C by PR988396 ppc 01Jan10]](http://www.fwc.gov.au/documents/awardsandorders/html/PR988396.htm)

[Varied by [PR994419,](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm) [PR998748,](http://www.fwc.gov.au/documents/awardsandorders/html/PR998748.htm) [PR510670,](http://www.fwc.gov.au/documents/awardsandorders/html/PR510670.htm) [PR525068,](http://www.fwc.gov.au/documents/awardsandorders/html/PR525068.htm) [PR537893,](http://www.fwc.gov.au/documents/awardsandorders/html/PR537893.htm) [PR542138,](http://www.fwc.gov.au/documents/awardsandorders/html/pr542138.htm) [PR551831,](http://www.fwc.gov.au/documents/awardsandorders/html/PR551831.htm) [PR568050,](http://www.fwc.gov.au/documents/awardsandorders/html/PR568050.htm)
[PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051]](http://www.fwc.gov.au/documents/awardsandorders/html/PR581528.htm)

**C.1** This schedule defines the conditions which will apply to employees who because of
the effects of a disability are eligible for a supported wage under the terms of this
award.

[[C.2 varied by PR568050 ppc 01Jul15]](http://www.fwc.gov.au/documents/awardsandorders/html/PR568050.htm)

**C.2** In this schedule:

**approved assessor means a person accredited by the management unit established by**
the Commonwealth under the supported wage system to perform assessments of an
individual’s productive capacity within the supported wage system

**assessment instrument means the tool provided for under the supported wage system**
that records the assessment of the productive capacity of the person to be employed
under the supported wage system

**disability support pension means the Commonwealth pension scheme to provide**
income security for persons with a disability as provided under the Social Security Act
_1991, as amended from time to time, or any successor to that scheme_

**relevant minimum wage means the minimum wage prescribed in this award for the**
class of work for which an employee is engaged

**supported wage system means the Commonwealth Government system to promote**
employment for people who cannot work at full award wages because of a disability,
as documented in the Supported Wage System Handbook. The Handbook is available
[from the following website: www.jobaccess.gov.au](http://www.jobaccess.gov.au/)

**SWS wage assessment agreement means the document in the form required by the**
Department of Social Services that records the employee’s productive capacity and
agreed wage rate

### C.3 Eligibility criteria

**C.3.1** Employees covered by this schedule will be those who are unable to perform the range
of duties to the competence level required within the class of work for which the
employee is engaged under this award, because of the effects of a disability on their
productive capacity and who meet the impairment criteria for receipt of a disability
support pension.

**C.3.2** This schedule does not apply to any existing employee who has a claim against the
employer which is subject to the provisions of workers compensation legislation or
any provision of this award relating to the rehabilitation of employees who are injured
in the course of their employment.


-----

### C.4 Supported wage rates

**C.4.1** Employees to whom this schedule applies will be paid the applicable percentage of the
relevant minimum wage according to the following schedule:


**Assessed capacity (clause C.5)**


**Relevant minimum wage**


10 10

20 20

30 30

40 40

50 50

60 60

70 70

80 80

90 90

[C.4.2 varied by [PR994419, PR998748, PR510670,](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm) [PR525068, PR537893, PR551831,](http://www.fwc.gov.au/documents/awardsandorders/html/PR525068.htm) [PR568050, PR581528,](http://www.fwc.gov.au/documents/awardsandorders/html/PR568050.htm)
[PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]](http://www.fwc.gov.au/documents/awardsandorders/html/PR592689.htm)

**C.4.2** Provided that the minimum amount payable must be not less than $106 per week.

**C.4.3** Where an employee’s assessed capacity is 10%, they must receive a high degree of
assistance and support.

### C.5 Assessment of capacity

**C.5.1** For the purpose of establishing the percentage of the relevant minimum wage, the
productive capacity of the employee will be assessed in accordance with the Supported
Wage System by an approved assessor, having consulted the employer and employee
and, if the employee so desires, a union which the employee is eligible to join.

**C.5.2** All assessments made under this schedule must be documented in an SWS wage
assessment agreement, and retained by the employer as a time and wages record in
accordance with the Act.

### C.6 Lodgement of SWS wage assessment agreement

[[C.6.1 varied by PR994419, PR542138 ppc 04Dec13]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**C.6.1** All SWS wage assessment agreements under the conditions of this schedule, including
the appropriate percentage of the relevant minimum wage to be paid to the employee,
must be lodged by the employer with the Fair Work Commission.

[[C.6.2 varied by PR994419, PR542138 ppc 04Dec13]](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)

**C.6.2** All SWS wage assessment agreements must be agreed and signed by the employee
and employer parties to the assessment. Where a union which has an interest in the
award is not a party to the assessment, the assessment will be referred by the Fair Work
Commission to the union by certified mail and the agreement will take effect unless
an objection is notified to the Fair Work Commission within 10 working days.


-----

### C.7 Review of assessment

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

### C.8 Other terms and conditions of employment

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

### C.9 Workplace adjustment

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

### C.10 Trial period

**C.10.1** In order for an adequate assessment of the employee’s capacity to be made, an

employer may employ a person under the provisions of this schedule for a trial period
not exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding four weeks) may be needed.

**C.10.2** During that trial period the assessment of capacity will be undertaken and the

percentage of the relevant minimum wage for a continuing employment relationship
will be determined.

[[C.10.3 varied by PR994419, PR998748, PR510670, PR525068, PR537893, PR551831, PR568050, PR581528,](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm)
[PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]](http://www.fwc.gov.au/documents/awardsandorders/html/PR592689.htm)

**C.10.3** The minimum amount payable to the employee during the trial period must be no less

than $106 per week.

**C.10.4** Work trials should include induction or training as appropriate to the job being trialled.

**C.10.5** Where the employer and employee wish to establish a continuing employment

relationship following the completion of the trial period, a further contract of
employment will be entered into based on the outcome of assessment under clause C.5.


-----

Supported Wage System

[Schedule D inserted by [PR994419 ppc 1Jan10; varied by](http://www.fwc.gov.au/documents/awardsandorders/html/PR994419.htm) [PR997899,](http://www.fwc.gov.au/documents/awardsandorders/html/PR997899.htm) [PR509049,](http://www.fwc.gov.au/documents/awardsandorders/html/PR509049.htm) [PR522880,](http://www.fwc.gov.au/documents/awardsandorders/html/PR522880.htm) [PR536683,](http://www.fwc.gov.au/documents/awardsandorders/html/PR536683.htm)
[PR545787, PR551606, PR566686, PR579779; deleted by PR593814 ppc 01Jul17]](http://www.fwc.gov.au/documents/awardsandorders/html/PR545787.htm)

[[Schedule E—Part-day Public Holidays deleted by PR747559 ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/pr747559.htm)


-----

National Training Wage

**General:**

- This schedule applies to school-based apprentices undertaking an apprenticeship while also enrolled in secondary education (E.1).

**Apprenticeship Agreement:**

- Apprenticeships may be undertaken in trades covered by the award under a training agreement or a recognised apprentice contract as per State or Territory authority (E.2).

**Wages:**

- Minimum wages for full-time junior and adult apprentices, calculated hourly, apply to school-based apprentices for total hours worked, including off-the-job training (E.3).
- For full-time school students, paid time for off-the-job training is 25% of the actual hours worked each week on-the-job. Wages for training time may be averaged over the semester or year (E.4).
- School-based apprentices must be allowed the same amount of time to attend off-the-job training as equivalent full-time apprentices (E.5).

**Off-the-job Training:**

- This includes structured training delivered by a Registered Training Organisation and not normal work duties or general supervised practice on-the-job (E.6).

**Duration:**

- The apprenticeship duration will be specified in the training agreement or contract but will not exceed six years (E.7).

**Progression:**

- Wage progression is based on 12 months for each two years of employment or competency-based progression, if applicable (E.8).
- Wage scales are based on a standard full-time apprenticeship of four years (or three years where applicable) and are configured to reflect skill acquisition through work and training (E.9).

**Conversion:**

- If a school-based apprentice converts to full-time, completed competencies and total time spent as a full-time apprentice will count towards wage progression, in addition to prior school-based apprenticeship time (E.10).

**Conditions:**

- School-based apprentices are entitled pro rata to all conditions in the award (E.11).


[Schedule F—School based Apprentices inserted by [PR544794 ppc 01Jan14; renumbered as Schedule E by](http://www.fwc.gov.au/documents/awardsandorders/html/pr544794.htm)
[PR747559 ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/pr747559.htm)

**E.1** This schedule applies to school-based apprentices. A school-based apprentice is a
person who is undertaking an apprenticeship in accordance with this schedule while
also undertaking a course of secondary education.

**E.2** A school-based apprenticeship may be undertaken in the trades covered by this award
under a training agreement or contract of training for an apprentice declared or
recognised by the relevant State or Territory authority.

**E.3** The relevant minimum wages for full-time junior and adult apprentices provided for
in this award, calculated hourly, will apply to school-based apprentices for total hours
worked including time deemed to be spent in off-the-job training.

**E.4** For the purposes of clause E.3, where an apprentice is a full-time school student, the
time spent in off-the-job training for which the apprentice must be paid is 25% of the
actual hours worked each week on-the-job. The wages paid for training time may be
averaged over the semester or year.

**E.5** A school-based apprentice must be allowed, over the duration of the apprenticeship,
the same amount of time to attend off-the-job training as an equivalent full-time
apprentice.

**E.6** For the purposes of this schedule, off-the-job training is structured training delivered
by a Registered Training Organisation separate from normal work duties or general
supervised practice undertaken on the job.

**E.7** The duration of the apprenticeship must be as specified in the training agreement or
contract for each apprentice but must not exceed six years.

**E.8** School-based apprentices progress through the relevant wage scale at the rate of
12 months progression for each two years of employment as an apprentice or at the
rate of competency-based progression, if provided for in this award.

**E.9** The apprentice wage scales are based on a standard full-time apprenticeship of four
years (unless the apprenticeship is of three years duration) or stages of competency
based progression, if provided for in this award. The rate of progression reflects the
average rate of skill acquisition expected from the typical combination of work and
training for a school-based apprentice undertaking the applicable apprenticeship.

**E.10** If an apprentice converts from school-based to full-time, the successful completion of
competencies (if provided for in this award) and all time spent as a full-time apprentice
will count for the purposes of progression through the relevant wage scale in addition
to the progression achieved as a school-based apprentice.

**E.11** School-based apprentices are entitled pro rata to all of the other conditions in this
award.


-----

School-based Apprentices

**Agreement to Take Annual Leave in Advance:**

The Aged Care Award 2010 includes a template agreement for employees to take annual leave in advance before they have accrued an entitlement to the leave. The key elements of the agreement are:

- Names of the employee and employer (Schedule G).

- The amount of leave to be taken in advance stated in hours or days (Schedule G).

- The date on which the leave in advance will commence (Schedule G).

- Signatures of both the employee and employer representative, including the date signed (Schedule G).

- For employees under 18 years of age, the agreement includes a clause allowing the employer to deduct any owed amount if the employee has not accrued an entitlement to all of the leave taken in advance at the time of termination. This part requires the name and signature of the parent or guardian and the date signed (Schedule G).

**PDF Link:**

[Link to PDF copy of Agreement to Take Annual Leave in Advance.](https://www.fwc.gov.au/documents/awards/resources/leave-in-advance-agreement.pdf)

[[Schedule G—Agreement to Take Annual Leave in Advance inserted by PR582952 ppc 29Jul16; renumbered as](http://www.fwc.gov.au/documents/awardsandorders/html/PR582952.htm)
[Schedule F by PR747559 ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/pr747559.htm)

[Link to PDF copy of Agreement to Take Annual Leave in Advance.](https://www.fwc.gov.au/documents/awards/resources/leave-in-advance-agreement.pdf)

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer
representative: ________________________________________

Signature of employer
representative: ________________________________________

Date signed: ___/___/20___

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

**I agree that:**

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

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___


-----

Agreement to Take Annual Leave in Advance

**Agreement to Cash Out Annual Leave:**

The Aged Care Award 2010 includes a template agreement for employees to cash out a portion of their accrued paid annual leave. The key elements of the agreement are:

- Names of the employee and employer (Schedule H).

- The amount of leave to be cashed out stated in hours or days (Schedule H).

- The payment amount to be made to the employee for the leave, specified either before or after the deduction of income tax, with the non-applicable option struck out (Schedule H).

- The date on which the payment will be made (Schedule H).

- Signatures of both the employee and employer representative, including the date signed (Schedule H).

For employees under 18 years of age, the agreement requires:

- Name and signature of the parent or guardian, and the date signed (Schedule H).

**PDF Link:**

[Link to PDF copy of Agreement to Cash Out Annual Leave.](https://www.fwc.gov.au/documents/awards/resources/cash-out-agreement.pdf)

[[Schedule H—Agreement to Cash Out Annual Leave inserted by PR582952 ppc 29Jul16; renumbered as Schedule](http://www.fwc.gov.au/documents/awardsandorders/html/PR582952.htm)
[H by PR747559 ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/pr747559.htm)

[Link to PDF copy of Agreement to Cash Out Annual Leave.](https://www.fwc.gov.au/documents/awards/resources/cash-out-agreement.pdf)

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer
representative: ________________________________________

Signature of employer
representative: ________________________________________

Date signed: ___/___/20___

_Include if the employee is under 18 years of age:_

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___


-----

Agreement to Cash Out Annual Leave

**Agreement for Time Off Instead of Payment for Overtime:**

The Aged Care Award 2010 includes a template agreement for employees to take time off instead of receiving payment for overtime. The key elements of the agreement are:

- Names of the employee and employer (Schedule H).

- The date and time when overtime started and ended, and the amount of overtime worked in hours and minutes (Schedule H).

- An agreement that the employer, if requested by the employee at any time, must pay the employee for the overtime covered by this agreement but not taken as time off. Payment must be at the overtime rate applicable when the overtime was worked and must be made in the next pay period following the request (Schedule H).

- Signatures of both the employee and employer representative, including the date signed (Schedule H).

**PDF Link:**

[Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.](https://www.fwc.gov.au/documents/awards/resources/toil-agreement.pdf)

**Additional COVID-19 Measures:**

- **Schedule X** included additional measures during the COVID-19 pandemic but has been deleted as of 1 January 2023 (PR748510).

- **Schedule Y** included industry-specific measures during the COVID-19 pandemic but was deleted as of 26 March 2021 (PR728137).

[Schedule I—Agreement for Time Off Instead of Payment for Overtime inserted by [PR584066 ppc 22Aug16;](http://www.fwc.gov.au/documents/awardsandorders/html/PR584066.htm)
[renumbered as Schedule H by PR747559 ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/pr747559.htm)

[Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.](https://www.fwc.gov.au/documents/awards/resources/toil-agreement.pdf)

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Amount of overtime worked: _______ hours and ______ minutes

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___


-----

[[Schedule X—Additional Measures During the COVID-19 Pandemic inserted by PR718141 ppc 08Apr20; varied](https://www.fwc.gov.au/documents/awardsandorders/html/pr718141.htm)
by [PR720633; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/PR720633.htm) [PR720662; varied by](https://www.fwc.gov.au/documents/awardsandorders/html/pr720662.htm) [PR721438,](https://www.fwc.gov.au/documents/awardsandorders/html/PR721438.htm) [PR724065, PR728136,](https://www.fwc.gov.au/documents/awardsandorders/html/pr718141.htm) [PR736911,](https://www.fwc.gov.au/documents/awardsandorders/html/pr736911.htm) [PR743810,](https://www.fwc.gov.au/documents/awardsandorders/html/pr743810.htm)
[deleted by PR748510 ppc 01Jan23]](https://www.fwc.gov.au/documents/awardsandorders/html/pr748510.htm)

[[Schedule Y—Industry Specific Measures During the COVID-19 Pandemic deleted by PR728137 ppc 26Mar21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR728137.htm)


-----

Agreement for Time Off Instead of Payment for Overtime

Schedule

The Aged Care Award 2010 covers employers throughout Australia in the aged care industry and their employees in the classifications listed in clause 14. 

The award does not cover employers or employees operating under specific modern enterprise awards or state reference public sector modern awards.

Aged Care Award 2010

PART 1

Application and Operation

PART 2

Workplace Delegates, Consultation and Dispute Resolution

PART 3

Types of Employment and Termination of Employment

PART 6

Leave and Public Holidays

Schedule

Aged Care Award 2010

PART 1

Application and Operation

PART 2

Workplace Delegates, Consultation and Dispute Resolution

PART 3

Types of Employment and Termination of Employment

PART 4

Minimum Wages and Related Matters

PART 5

Hours of Work and Related Matters

PART 6

Leave and Public Holidays

Schedule