**Title and Commencement:**

* This award is titled Airservices Australia Award 2015 (1.1).
* The award commences on 30 May 2016 (1.2).
* It supersedes the Airservices Australia Award 2000. The replacement does not affect any rights or liabilities acquired under the predecessor award (1.3).

**Monetary Obligations and Overaward Payments:**

* Monetary obligations imposed by this award can be absorbed into overaward payments. There is no requirement for Airservices to maintain or increase any overaward payment (1.4).

**Protection of Take-home Pay:**

* The making of this award is not intended to reduce the take-home pay of employees covered by it. If an employee suffers a reduction in take-home pay due to the making of this award or any transitional arrangements, the Fair Work Commission may make orders to remedy the situation (1.5).

**1.1** This award is the Airservices Australia Award 2015.

**1.2** This award commences on 30 May 2016.

**1.3** This award supersedes the Airservices Australia Award 2000. The replacement of the
predecessor award by the this award does not affect any right or liability that a person
acquired, accrued or incurred under the predecessor award.

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

**1.5** The making of this award is not 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 take-home 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.

Title and Commencement

**National Employment Standards (NES) and Award Entitlements:**

* The NES and entitlements specified in this award provide the minimum conditions of employment for employees covered by the award (2.1).
* Airservices is required to ensure that copies of this award and the NES are made available to all relevant employees. These documents can be provided either on a conveniently located noticeboard at or near the workplace or through electronic means, whichever is more accessible (2.2).
* When this award references a condition of employment provided for in the NES, the definition of that condition as given in the NES applies (2.3).

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

**2.2** Airservices must ensure that copies of this award and the [NES are available to all](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
employees 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.

**2.3** [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)

The National Employment Standards and this award

**Employer and employees:**

* The Airservices Australia Enterprise Award covers Airservices Australia and its employees in the classifications listed in Schedule A—Classification definitions, to the exclusion of any other modern award (3.1(a)).
* This enterprise award does not cover employees who are excluded from award coverage by the Act (3.1(b)).

**3.1** **Employer and employees**

**(a)** This enterprise award covers Airservices Australia and its employees in the
classifications listed in Schedule A—Classification definitions to the exclusion
of any other modern award.

**(b)** This enterprise award does not cover an employee excluded from award
coverage by the Act.


-----

Coverage

**Individual Flexibility Agreements:**

* Airservices and an individual employee may agree to vary certain terms of the award to meet genuine individual needs, specifically concerning work arrangements, overtime rates, penalty rates, and allowances (4.1).
* Agreements must be made without coercion or duress and can only be entered into after the employee has commenced employment (4.2).
* The agreement must be confined to varying one or more terms listed in clause 4.1 and must result in the employee being better off overall compared to not having the agreement (4.3).
* The agreement must be in writing, name the parties involved, be signed by both parties, state each varied term, detail how each term is varied, describe how the employee is better off overall, and state the agreement's commencement date (4.4).
* Airservices must provide the employee with a copy of the agreement and keep it as a time and wages record (4.5).
* Approval from other parties is not required, except for any signatures required under clause 4.4(a) (4.6).
* Airservices must provide a written proposal to the employee, and translate it if necessary to ensure the employee understands it (4.7).
* The agreement may be terminated either by 13 weeks' written notice from either party or by mutual written agreement at any time (4.8).
* If the requirements of section 144(4) of the Act are not met, the agreement can be terminated by either party giving up to 28 days written notice (4.9).
* This right to make an agreement is in addition to, and does not affect, any other agreement provisions in the award (4.10).

**4.1** Notwithstanding any other provision of this award, Airservices and an individual
employee may agree to vary the application of certain terms of this award to meet the
genuine individual needs of Airservices and the individual employee. The terms
Airservices and the individual employee may agree to vary the application of are those
concerning:

**(a)** arrangements for when work is performed;

**(b)** overtime rates;

**(c)** penalty rates; and

**(d)** allowances.

**4.2** Airservices and the individual employee must have genuinely made the agreement
without coercion or duress. An agreement under this clause can only be entered into
after the individual employee has commenced employment with the employer.

**4.3** The agreement between Airservices and the individual employee must:

**(a)** be confined to a variation in the application of one or more of the terms listed in
clause 4.1; and

**(b)** result in the employee being better off overall at the time the agreement is made
than the employee would have been if no individual flexibility agreement had
been agreed to.

**4.4** The agreement between Airservices and the individual employee must also:

**(a)** be in writing, name the parties to the agreement and be signed by Airservices
and the individual employee and, if the employee is under 18 years of age, the
employee’s parent or guardian;

**(b)** state each term of this award that Airservices and the individual employee have
agreed to vary;

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

**(d)** detail how the agreement results in the individual employee being better off
overall in relation to the individual employee’s terms and conditions of
employment; and

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

**4.5** Airservices must give the individual employee a copy of the agreement and keep the
agreement as a time and wages record.

**4.6** Except as provided in clause 4.4(a) the agreement must not require the approval or
consent of a person other than Airservices and the individual employee.

**4.7** Airservices seeking to enter into an agreement must provide a written proposal to the
employee. Where the employee’s understanding of written English is limited


-----

Airservices must take measures, including translation into an appropriate language, to
ensure the employee understands the proposal.

**4.8** The agreement may be terminated:

**(a)** by Airservices or the individual employee giving 13 weeks’ notice of
termination, in writing, to the other party and the agreement ceasing to operate
at the end of the notice period; or

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

**4.9** Note: If any of the requirements of section 144(4), which are reflected in the
requirements of this clause, are not met then the agreement may be terminated by either
the employee or the employer, giving written notice of not more than 28 days (see
section 145 of the Act).

**4.10** The right to make an agreement pursuant to this clause is in addition to, and is not
intended to otherwise affect, any provision for an agreement between Airservices and
an individual employee contained in any other term of this award.

Award flexibility

**Facilitative Provisions:**

* This award includes provisions that allow agreement between Airservices and employees on how certain award provisions apply at the workplace level (5.1).
* These provisions establish both the standard condition and the framework for how the provision should be applied in practice. They should not be used to avoid award obligations or result in unfairness to employees (5.2).
* The following facilitative provisions can be utilised with agreement between Airservices and the majority of affected employees, provided the agreement complies with clause 5.4(a) (5.3):
  * Clause 9.2(c) – Span of hours
  * Clause 9.3(c) – Span of hours
  * Clause 9.4(c) – Shift length
  * Clause 9.5 – Rostered days off
  * Clause 9.8(b) – Introduction of flextime
* Conditions for utilisation of facilitative provisions (5.4):
  * If any affected employee is a union member, the employee may be represented by the union in discussions with Airservices. The union must have a reasonable opportunity to participate in the negotiations but their consent is not required to implement the agreed arrangements (5.4(a)).
  * Any agreement between Airservices and the majority of employees must be recorded in writing (5.4(b)).

**5.1** This award contains facilitative provisions which allow agreement to be reached
between Airservices and employees on how specific award provisions are to apply at
the workplace level. The facilitative provisions are those identified at clause 5.3.

**5.2** The specific award provisions establish both the standard award condition and the
framework within which agreement can be reached as to how the particular provision
should be applied in practice. Facilitative provisions are not to be used as a device to
avoid award obligations, nor should they result in unfairness to an employee or
employees covered by this award.

**5.3** The following facilitative provisions can be utilised upon agreement between
Airservices and the majority of employees affected in the workplace, provided that the
agreement complies with clause 5.4(a):

**Clause number** **Subject matter**

9.2(c) Span of hours

9.3(c) Span of hours

9.4(c) Shift length

9.5 Rostered days off

9.8(b) Introduction of flextime

**5.4** The following conditions apply to the use of facilitative provisions:

**(a)** if one or more affected employees is a member of a relevant union, the employee
may be represented by the union in meeting and conferring with Airservices
about the implementation of the facilitative provisions. The union must be given
a reasonable opportunity to participate in the negotiations regarding the proposed
implementation of a facilitative provision. Union involvement does not mean


-----

that the consent of the union is required prior to the introduction of agreed
facilitative arrangements;

**(b)** any agreement between Airservices and a majority of employees must be
recorded in writing.

## Part 2—Types of Employment and Classifications

Facilitative Provisions

Application and Operation

**Types of Employment:**

* **Full-time employment:** A full-time employee works the ordinary hours set out in clause 9 (6.2).
* **Part-time employment:**
  * A part-time employee works agreed regular hours that are less than the ordinary hours specified in clause 9.2, 9.3, or 9.4 (6.3(a)).
  * Part-time employees receive equivalent pay and conditions to full-time employees on a pro-rata basis and are entitled to expense-related allowances as detailed in the relevant clauses (6.3(b)).
  * At the time of engagement, for part-time employees (other than shiftworkers), Airservices and the employee must agree in writing on a regular pattern of work specifying daily hours, days of the week, and starting and finishing times. This pattern cannot be modified without the employee's consent (6.3(c)(i)).
  * For shiftworking part-time employees, the agreement must specify the agreed average weekly number of regular hours, which cannot be modified without the employee's consent (6.3(c)(ii)).
  * Any variation to the regular pattern of hours must be recorded in writing (6.3(d)).
  * Part-time employees must be rostered for a minimum of three consecutive hours on any day (6.3(e)).
* **Casual employment:**
  * Casual employees can only be employed on an irregular and intermittent basis (6.4(a)).
  * Casual employees are paid the hourly rate for their classification, plus a 25% loading instead of paid leave entitlements (excluding long service leave), notice of termination, redundancy benefits, public holidays, and the additional holiday in clause 22.2 (6.4(b), 6.4(c)).
  * Casual employees are not entitled to transfer allowances (clause 13), remote conditions (clause 14), annual leave (clause 18), public holidays (clause 22), termination of employment (clause 23), and redundancy (clause 24) (6.4(d)).
  * Offers and requests for casual employees to convert to full-time or part-time work are provided for in the NES. Disputes about such offers and requests are to be dealt with under clause 27—Dispute resolution (6.4(e)).

[[Varied by PR733943]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733943.htm)

**6.1** Employees may be engaged on either a full-time, part-time or casual basis.

**6.2** **Full-time employment**

A full-time employee is an employee who works the ordinary hours of work set out in
clause 9.

**6.3** **Part-time employment**

**(a)** A part-time employee is an employee who works an agreed number of regular
hours that is less than the ordinary hours of work specified in clause 9.2, 9.3 or
9.4 (as applicable).

**(b)** A part-time employee receives, on a pro-rata basis, equivalent pay and
conditions to full-time employees in the same classification. In relation to
expense related allowances, the employee will receive entitlements specified in
the relevant clauses of this award.

**(c)** At the time of engagement:

**(i)** Airservices and a part-time employee (other than a shiftworker) will agree
in writing on a regular pattern of work, specifying at least the hours worked
each day, which days of the week the employee will work and the actual
starting and finishing times each day. This pattern of hours will not be
varied, amended or revoked without the consent of the employee.

**(ii)** Airservices and a part-time employee who is a shiftworker will agree in
writing on the agreed average weekly number of regular hours to be
worked by the employee. This agreed number of hours will not be varied,
amended or revoked without the consent of the employee.

**(d)** Any agreed variation to the regular pattern of hours will be recorded in writing.

**(e)** A part-time employee will be rostered to work for a minimum of three
consecutive hours on any day.


-----

**6.4** **Casual employment**

[[6.4(a) substituted by PR733943 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733943.htm)

**(a)** A casual employee may only be employed on an irregular and intermittent basis.

**(b)** A casual employee will be paid the hourly rate of pay for the employee’s
classification in accordance with clause 11.

**Casual loading**

**(c)** A casual employee will also be paid a loading of 25% of that rate instead of the
paid leave entitlements (other than long service leave), notice of termination of
employment and redundancy benefits, Public Holidays and the additional
holiday described in clause 22.2.

**(d)** The following provisions of this award do not apply to casual employees:

**(i)** clause 13 – Transfer allowances;

**(ii)** clause 14 – Remote conditions;

**(iii)** clause 18 – Annual leave;

**(iv)** clause 22 – Public Holidays;

**(v)** clause 23 – Termination of employment; and

**(vi)** clause 24 – Redundancy.

**(e)** **Offers and requests for casual conversion**

[[6.4(e) inserted by PR733943 ppc 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733943.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](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
are to be dealt with under clause 27—Dispute resolution.

Types of employment

Classifications for employees covered by this award are set out in Schedule A—Classifications.

Classifications for employees covered by this award are set out in Schedule A—
Classifications.

Classifications

**Employee Transfers and Classifications:**

* Employees in specified classifications may be transferred to both term transfer locations for fixed periods and to any other location on a permanent transfer basis (8.1).
* The classifications include:
  - Air Traffic Controller (8.2(a))
  - Upper Air Space High Frequency (8.2(b))
  - Aviation Rescue Fire Fighter (8.2(c))
  - Technical Personnel (8.2(d))
* Employees in other classifications can be transferred according to their contract of employment (8.3).

## Part 3—Hours of Work

**8.1** Employees engaged in the classifications set out in clause 8.2 are generally
transferable to both term transfer locations for a fixed period of time and to any other
location on a permanent transfer basis.

**8.2** The classifications are:

**(a)** Air Traffic Controller;

**(b)** Upper Air Space High Frequency;


-----

**(c)** Aviation Rescue Fire Fighter; and

**(d)** Technical Personnel.

**8.3** Employees in other classifications may be transferred in accordance with the
employee’s contract of employment.

## Part 3—Hours of Work

Transferable Groups

Types of Employment and Classifications

**Ordinary hours of work:**

* Maximum weekly hours and requests for flexible working arrangements are provided for in the NES (9.1(a)).
* Ordinary hours of work vary depending on an employee’s classification (9.1(b)).
* Shift work hours may include hours outside the span of ordinary hours relevant to the employee's classification (9.1(c)).
* Ordinary hours must be worked continuously on any day, except for meal breaks (9.1(d)).

**Classifications on 36¾ hour week:**

* Applies to Administrative Service Officers, Technology Professionals, and Technical Employees (9.2(a)).
* Ordinary hours must not exceed an average of 36¾ hours per week, averaged over 28 days or the employee’s roster cycle (9.2(b)).
* Ordinary hours can be worked between 8:00 am and 6:00 pm, Monday to Friday. Alternative spans of hours may be agreed upon with a majority of affected employees (9.2(c)).

**Classifications on 38 hour week:**

* Applies to Aviation Rescue Fire Fighters (9.3(a)).
* Ordinary hours must not exceed an average of 38 hours per week, averaged over the employee’s roster cycle (9.3(b)).
* Ordinary hours for day workers can be worked between 7:00 am to 5:00 pm, Monday to Friday. Alternative spans of hours may be agreed upon with a majority of affected employees (9.3(c)).

**Classifications on 36 hour week:**

* Applies to classifications including Air Traffic Controllers, Airways Data Team, and Upper Air Space High Frequency, among others (9.4(a)).
* Ordinary hours must not exceed an average of 72 hours per fortnight, comprised of 70 hours of rostered shifts and up to an additional twelve minutes per shift for hand-over duties (9.4(b)).
* Ordinary hours may be worked in shifts of 6 to 10 hours. Alternative shift lengths may be agreed upon with a majority of affected employees (9.4(c)).

**Rostered days off:**

* Systems of rostered days off may be established by Airservices with the agreement of the majority of employees, and may include the banking of such days (9.5(a)).
* Individual employees and Airservices may agree to alternative rostered days off including part-days (9.5(b)).

**Shiftworkers:**

* Shiftworker is defined in Schedule G—Definitions (9.6(a)).
* Shiftworkers may exchange shifts or days off by mutual agreement and with manager consent (9.6(b)).
* Airservices will consult with employees when introducing or changing shiftwork, as per clause 26.2 (9.6(c)).
* At least seven days' notice must be given for changes to rostered hours, except when covering for an absent employee (9.6(d)).
* Employees required to change shift without notice are entitled to the appropriate overtime rate for all hours outside their ordinary rostered hours until seven days' notice is given (9.6(e)).

**Two block leave roster:**

* Aviation Rescue Fire Fighters working at locations operating 24 hours a day and on a 10/4 roster will take excess hours worked in two 104-hour blocks per year instead of rostered days off (9.7).

**Flextime:**

* Flextime allows agreement on work attendance patterns between employees and Airservices, consistent with this clause (9.8(a)).
* Introduced by agreement with the majority of employees, and then individually agreed upon (9.8(b)).
* Flextime continues unless essential work requirements or non-compliance necessitate reversion to standard hours (9.8(c)).
* Flextime excludes employees required to work a roster, those with a 38 hour week with rostered days off, those with a salary equal to or above Administrative Services – Level 7 without agreement, and regular part-time employees (9.8(d)).
* Commencement and cessation times and meal breaks are agreed upon between the employee and Airservices, subject to work availability and approval (9.8(e)).

**9.1** **Ordinary hours of work**

**(a)** Maximum weekly hours and requests for flexible working arrangements are
[provided for in the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**(b)** An employee’s ordinary hours of work differ depending on an employee’s
classification.

**(c)** If an employee performs shift work as described in Schedule G an employee’s
ordinary hours of work may include hours worked outside the span of hours
relevant to the employee’s classification.

**(d)** An employee’s ordinary hours of work are to be worked continuously on any
day, except for meal breaks.

**9.2** **Classifications on 36¾ hour week**

**(a)** This clause 9.2 applies to employees in the following classifications:

**(i)** Administrative Service Officer;

**(ii)** Technology Professional; and

**(iii)** Technical Employee.

**(b)** The ordinary hours of work for full-time employees in the classifications listed
in clause 9.2(a) must not exceed an average of 36¾ hours per week, averaged
over 28 days or the employee’s roster cycle.

**(c)** The ordinary hours of work may be worked between 8.00 am and 6.00 pm,
Monday to Friday. Subject to the provisions of clause 5 (Facilitative provisions),
Airservices and the majority of affected employees may agree to a different span
of hours.

**9.3** **Classifications on 38 hour week**

**(a)** This clause 9.3 applies to Aviation Rescue Fire Fighters.

**(b)** The ordinary hours of work for full-time employees must not exceed an average
of 38 hours per week, averaged over the employee’s roster cycle.

**(c)** The ordinary hours of work for day workers may be worked between 7.00 am to
5.00 pm, Monday to Friday. Subject to the provisions of clause 5 (Facilitative


-----

provisions), Airservices and the majority of affected employees may agree to a
different span of hours.

**9.4** **Classifications on 36 hour week**

**(a)** This clause 9.4 applies to employees in the following classifications:

**(i)** Air Traffic Controller;

**(ii)** Air Traffic Controller (Check & and Standardisation Supervisor);

**(iii)** Air Traffic Controller (Systems Supervisor);

**(iv)** Air Traffic Controller (Unit Tower Supervisor)

**(v)** Airways Data Team;

**(vi)** Flight Data Coordinator;

**(vii)** National Operations Centre;

**(viii)** Simulator Support Officer; and

**(ix)** Upper Air Space High Frequency.

**(b)** The ordinary hours of work for employees in the classifications listed in clause
9.4(a) must not exceed an average of 72 hours per fortnight, made up of an
average of 70 hours of rostered shifts and up to an additional twelve minutes per
shift where ‘hand-over’ duties are required. Hours are to be averaged over the
acquittal period specified for the employee’s roster.

**(c)** The ordinary hours of work may be worked in shifts of 6 to 10 hours. Subject to
the provisions of clause 5 (Facilitative provisions), Airservices and the majority
of affected employees may agree to different shift lengths.

**9.5** **Rostered days off**

**(a)** Subject to the provisions of clause 5 (Facilitative provisions), Airservices, with
the agreement of the majority of employees concerned, may establish at a
workplace a system of rostered days off, which may include the banking of such
days.

**(b)** Airservices and an individual employee may agree to alternative rostered day(s)
off (including taking the time as part days).

**9.6** **Shiftworkers**

**(a)** Shiftworker is defined in Schedule G—Definitions.

**(b)** Shiftworkers may exchange rostered shifts or rostered days off duty provided the
arrangements are carried out by mutual agreement between the employees
concerned and with the consent of the relevant manager.

**(c)** When an introduction of shiftwork or a change in rostered hours is being
considered, Airservices will consult with the employees concerned in
accordance with clause 26.2.


-----

**(d)** Employees must be given at least seven days’ notice of changes to their rostered
hours of duty, unless the employee is required to change shift in order to replace
another employee who is absent on sick or other leave and who did not give
Airservices seven days’ notice of his/her absence.

**(e)** An employee who is required to change shift without the notice in clause 9.6(d)
is entitled to be paid at the appropriate overtime rate for all hours outside the
employee’s ordinary rostered hours, in substitution for the shift penalty, until the
employee has received seven days’ notice of the change of shift.

**9.7** **Two block leave roster**

Aviation Rescue Fire Fighters who work:

**(a)** at locations that operate 24 hours a day; and

**(b)** in accordance with a 10/4 roster based on a 42 hour work cycle,

will take the excess hours worked in a 104 hour block twice per year in lieu of rostered
days off.

**9.8** **Flextime**

**(a)** Flextime is a system which allows an employee to reach an agreement with
Airservices regarding a pattern of attendance at work. Flextime will operate
consistent with the provisions of this clause 9.8.

**(b)** Subject to the provisions of clause 5 (Facilitative provisions), flextime can be
introduced in a particular workplace by agreement between the Airservices and
a majority of employees. Once majority agreement has been reached, the
operation of flextime may be agreed between Airservices and an individual
employee.

**(c)** Flextime arrangements implemented in accordance with clause 9.8(c) will
operate unless Airservices:

**(i)** considers it necessary, because of essential work requirements, for an
employee or group of employees in a workplace to revert to the hours of
standard day for a period; or

**(ii)** removes an employee from flextime for a specified period because the
employee has failed to comply with the flextime provisions.

**(d)** Flextime will not apply to employees who:

**(i)** are required to work in accordance with a roster;

**(ii)** work a 38 hour week and are entitled to a rostered day off in a regular
cycle;

**(iii)** receive a salary equal to or greater than the minimum salary for

Administrative Services – Level 7, unless they work flextime by
agreement with Airservcies;

**(iv)** are regular part-time employees.


-----

**(e)** The times of commencement and cessation of duty, including meal breaks, will
be subject to agreement between Airservices and the employee. An employee’s
attendance outside the hours of a standard day but within the span of hours will
be subject to the availability of work and the approval of Airservices.

Ordinary hours of work and rostering

**Ordinary meal break:**

* Employees must not be required to work for more than five hours without an unpaid break of at least 30 minutes for a meal (10.1).

**Direction to work during meal break:**

* Employees directed to work during a meal break will be paid at overtime rates for that period (10.2).

**10.1** **Ordinary meal break**

An employee must not be required to work for more than five hours without an unpaid
break of at least 30 minutes for a meal.

**10.2** **Direction to work during meal break**

An employee directed to work during a meal break will be paid at overtime rates for
that period.

## Part 4—Wages and Allowances

Breaks

Hours of Work

**Air Traffic Controller:**

* Air Traffic Controller—Academy Trainee: $53,822 per annum (11.1).
* Air Traffic Controller—Field Trainee: $65,759 per annum (11.1).
* Air Traffic Controller: $78,190 per annum (11.1).
* Unit Tower Supervisor: $87,188 per annum (11.1).
* Check & Standardisation Supervisor—Air Traffic Control: $92,382 per annum (11.1).
* Systems Supervisor: $92,382 per annum (11.1).

**Airways Data Team:**

* Airways Data Team—Trainee: $48,377 per annum (11.2).
* Airways Data Team—Officer: $49,331 per annum (11.2).
* Airways Data Team—Supervisor: $65,582 per annum (11.2).

**Simulator Support Specialist:**

* Simulator Support Specialist—Trainee: $48,377 per annum (11.3).
* Simulator Support Specialist—Level 1: $49,331 per annum (11.3).
* Simulator Support Specialist—Level 2: $56,384 per annum (11.3).
* Simulator Support Specialist—Classroom Trainer: $60,431 per annum (11.3).
* Simulator Support Specialist—Supervisor: $65,582 per annum (11.3).

**Flight Data Coordinator:**

* Flight Data Coordinator—Trainee: $48,377 per annum (11.4).
* Flight Data Coordinator—Officer: $49,331 per annum (11.4).
* Flight Data Coordinator—Supervisor: $65,582 per annum (11.4).

**Upper Air Space High Frequency:**

* Aviation Communications Specialist—Trainee: $50,124 per annum (11.5).
* Aviation Communications Specialist—Journeyman: $60,072 per annum (11.5).
* Aviation Communications Specialist: $67,586 per annum (11.5).
* Check & Standardisation Supervisor—Upper Air Space High Frequency: $70,848 per annum (11.5).
* High Frequency Shift Manager: $75,056 per annum (11.5).

**National Operations Centre:**

* Traffic Management Officer—Trainee: $50,124 per annum (11.6).
* Traffic Management Officer—Journeyman: $60,072 per annum (11.6).
* Traffic Management Officer: $67,586 per annum (11.6).
* Check & Standardisation Supervisor—National Operations Centre: $70,848 per annum (11.6).
* National Operations Supervisor: $75,056 per annum (11.6).

**Aviation Rescue Fire Fighter:**

* Recruit: $50,853 per annum (11.7).
* Trainee Fire Fighter—Level 1: $51,802 per annum (11.7).
* Trainee Fire Fighter—Level 2: $54,329 per annum (11.7).
* Leading Fire Fighter: $56,482 per annum (11.7).
* Sub-Station Officer: $57,391 per annum (11.7).
* Station Officer: $60,801 per annum (11.7).
* Fire Commander: $72,575 per annum (11.7).

**Administrative Services:**

* Administrative Services—Level 1: $49,666 per annum (11.8).
* Administrative Services—Level 2: $53,815 per annum (11.8).
* Administrative Services—Level 3: $58,533 per annum (11.8).
* Administrative Services—Level 4: $62,312 per annum (11.8).
* Administrative Services—Level 5: $67,458 per annum (11.8).
* Administrative Services—Level 6: $73,646 per annum (11.8).
* Administrative Services—Level 7: $84,826 per annum (11.8).
* Administrative Services—Level 8: $98,667 per annum (11.8).
* Administrative Services—Level 9: $103,171 per annum (11.8).

**Technology Professional:**

* Technology Professional—Level 1: $59,745 per annum (11.9).
* Technology Professional—Level 2: $71,425 per annum (11.9).
* Technology Professional—Level 3: $88,115 per annum (11.9).
* Technology Professional—Level 4: $103,020 per annum (11.9).

**Technical Employee:**

* Technical Employee—Level 1: $55,179 per annum (11.10).
* Technical Employee—Level 2: $61,573 per annum (11.10).
* Technical Employee—Level 3: $64,169 per annum (11.10).
* Technical Employee—Level 4: $71,553 per annum (11.10).
* Technical Employee—Level 5: $81,136 per annum (11.10).
* Technical Employee—Level 6: $88,115 per annum (11.10).
* Technical Employee—Level 7: $103,020 per annum (11.10).

**Payment of wages:**

* Wages must be paid fortnightly based on the actual or average ordinary hours worked each week (11.11(a)).
* Wages must be paid by cash, cheque, or electronic funds transfer into the employee's nominated account (11.11(b)).

**Higher duties:**

* **Higher duties allowance:** Employees directed to perform higher classification duties will be paid the difference between their ordinary rate and the higher classification rate, or an alternative amount for partial duties (11.12(a)(i)).
* **Minimum period:** Employees performing higher duties for more than four hours in one day are regarded as being on higher duties for the full day; less than four hours is disregarded (11.12(a)(ii)).
* **Higher duties allowance on leave:** The allowance continues during paid leave or public holidays if the higher duties direction persists. It is adjusted for less-than-full-pay leave (11.12(a)(iii)).

**Composite Rate – Aviation Rescue Fire Fighters:**

* In addition to minimum rates, Aviation Rescue Fire Fighters rostered on shift receive a composite rate of 34.85% of the base salary instead of ordinary duty, shift and weekend penalty rates, and public holiday penalties (11.13).
* This allowance is excluded from overtime or emergency duty calculations, which are based on the minimum rate (11.13(a)).
* For superannuation and long service leave purposes, the allowance is treated like the previous penalty payments (11.13(b)).

**Composite Rate—Air Traffic Controllers and Unit Tower Supervisors:**

* The composite salary includes the minimum rate, Simultaneous Operations Allowance (if applicable), Complexity Allowance (if applicable), and relevant shift penalties (11.14).

**Supported wage system:** See Schedule B (11.15).

**School-based apprentices:** See Schedule E (11.16).

**National training wage:** See Schedule F (11.17).

[Varied by [PR581285,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm) [PR592243,](http://www.fwc.gov.au/documents/awardsandorders/html/pr592243.htm) [PR606467,](https://www.fwc.gov.au/documents/awardsandorders/html/pr606467.htm) [PR707583,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707583.htm) [PR718959,](https://www.fwc.gov.au/documents/awardsandorders/html/PR718959.htm) [PR729406,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729406.htm) [PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/pr740830.htm)
[PR746041; varied by PR762250, PR774032]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

**11.1** **Air Traffic Controller**

[11.1 varied by [PR581285, PR592243, PR606467, PR707583, PR718959, PR729406,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm) [PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/pr740830.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

|Col1|Classification|Per annum $|
|---|---|---|
||Air Traffic Controller—Academy Trainee|53,822|
||Air Traffic Controller—Field Trainee|65,759|
||Air Traffic Controller|78,190|
||Unit Tower Supervisor|87,188|
||Check & Standardisation Supervisor—Air Traffic Control|92,382|
||Systems Supervisor|92,382|



**11.2** **Airways Data Team**

[11.2 varied by [PR581285, PR592243, PR606467, PR707583, PR718959, PR729406,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm) [PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/pr740830.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

|Col1|Classification|Per annum $|
|---|---|---|
||Airways Data Team—Trainee|48,377|
||Airways Data Team—Officer|49,331|
||Airways Data Team—Supervisor|65,582|


-----

**11.3** **Simulator Support Specialist**

[11.3 varied by [PR581285, PR592243, PR606467, PR707583, PR718959, PR729406, PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

|Col1|Classification|Per annum $|
|---|---|---|
||Simulator Support Specialist—Trainee|48,377|
||Simulator Support Specialist—Level 1|49,331|
||Simulator Support Specialist—Level 2|56,384|
||Simulator Support Specialist—Classroom Trainer|60,431|
||Simulator Support Specialist—Supervisor|65,582|



**11.4** **Flight Data Coordinator**

[11.4 varied by [PR581285, PR592243, PR606467,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm) [PR707583, PR718959, PR729406, PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/pr707583.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

|Col1|Classification|Per annum $|
|---|---|---|
||Flight Data Coordinator—Trainee|48,377|
||Flight Data Coordinator—Officer|49,331|
||Flight Data Coordinator—Supervisor|65,582|



**11.5** **Upper Air Space High Frequency**

[11.5 varied by [PR581285, PR592243, PR606467, PR707583, PR718959, PR729406, PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

|Col1|Classification|Per annum $|
|---|---|---|
||Aviation Communications Specialist—Trainee|50,124|
||Aviation Communications Specialist—Journeyman|60,072|
||Aviation Communications Specialist|67,586|
||Check & Standardisation Supervisor—Upper Air Space High Frequency|70,848|
||High Frequency Shift Manager|75,056|



**11.6** **National Operations Centre**

[11.6 varied by [PR581285, PR592243, PR606467, PR707583, PR718959, PR729406, PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

|Col1|Classification|Per annum $|
|---|---|---|
||Traffic Management Officer—Trainee|50,124|
||Traffic Management Officer—Journeyman|60,072|
||Traffic Management Officer|67,586|


-----

|Check & Standardisation Supervisor—National Operations Centre|70,848|
|---|---|
|National Operations Supervisor|75,056|


**11.7** **Aviation Rescue Fire Fighter**

[11.7 varied by [PR581285, PR592243, PR606467, PR707583, PR718959, PR729406,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm) [PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/pr740830.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

|Col1|Classification|Per annum $|
|---|---|---|
||Recruit|50,853|
||Trainee Fire Fighter—Level 1|51,802|
||Trainee Fire Fighter—Level 2|54,329|
||Leading Fire Fighter|56,482|
||Sub-Station Officer|57,391|
||Station Officer|60,801|
||Fire Commander|72,575|



**11.8** **Administrative Services**

[11.8 varied by [PR581285, PR592243, PR606467, PR707583, PR718959, PR729406,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm) [PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/pr740830.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

|Col1|Classification|Per annum $|
|---|---|---|
||Administrative Services—Level 1|49,666|
||Administrative Services—Level 2|53,815|
||Administrative Services—Level 3|58,533|
||Administrative Services—Level 4|62,312|
||Administrative Services—Level 5|67,458|
||Administrative Services—Level 6|73,646|
||Administrative Services—Level 7|84,826|
||Administrative Services—Level 8|98,667|
||Administrative Services—Level 9|103,171|



**11.9** **Technology Professional**

[11.9 varied by [PR581285, PR592243, PR606467, PR707583, PR718959, PR729406,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm) [PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/pr740830.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

|Col1|Classification|Per annum $|
|---|---|---|
||Technology Professional—Level 1|59,745|
||Technology Professional—Level 2|71,425|
||Technology Professional—Level 3|88,115|


-----

|Technology Professional—Level 4|103,020|
|---|---|


**11.10** **Technical Employee**

[[11.10 varied by PR581285, PR592243, PR606467, PR707583, PR718959, PR729406, PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

|Col1|Classification|Per annum $|
|---|---|---|
||Technical Employee—Level 1|55,179|
||Technical Employee—Level 2|61,573|
||Technical Employee—Level 3|64,169|
||Technical Employee—Level 4|71,553|
||Technical Employee—Level 5|81,136|
||Technical Employee—Level 6|88,115|
||Technical Employee—Level 7|103,020|



**11.11** **Payment of wages**

**(a)** Wages must be paid fortnightly according to the actual ordinary hours worked
each week or according to the average number of ordinary hours worked each
week.

**(b)** Wages must either be paid by cash, cheque or electronic funds transfer into the
bank or financial institution account nominated by the employee.

**11.12** **Higher duties**

**(a)** Where an employee has been directed to temporarily perform duties at a higher
classification level the following provisions apply:

**(i)** **Higher duties allowance**

An employee directed to perform all or part of the duties of a higher
classification will be paid an allowance equal to the difference between the
employee’s own ordinary rate and the ordinary rate the employee would
receive if promoted to the higher classification or an alternative amount
determined by Airservices where partial performance is directed. When
calculating an employee’s ordinary rate, higher duties allowance (if
payable) will be included.

**(ii)** **Minimum period**

An employee who is directed to perform continuous higher duties for more
than four hours on any one day or shift will be regarded as being on higher
duties for that full day or shift. The performance of higher duties for less
than four hours on any day or shift will be disregarded for all purposes.

**(iii)** **Higher duties allowance on leave**

Where an employee is absent on paid leave or observes a Public Holiday,
and has been directed to perform duties at a higher classification, payment


-----

of a higher duties allowance will continue during the absence as if the
employee was at work, to the extent of the continued operation of the
direction. If the period of paid leave is less than full pay, the payment of
the higher duties allowance is adjusted accordingly.

**11.13** **Composite Rate – Aviation Rescue Fire Fighters**

In addition to the minimum rates in clause 11.7 above, Aviation Rescue Fire Fighters
who are rostered to work on shift will be paid a composite rate of 34.85% of the
appropriate base salary in lieu of ordinary duty, shift and weekend penalty rates and
public holiday penalties.

**(a)** The commuted allowance shall be excluded for the purpose of calculating
overtime or emergency duty which shall be based on the minimum rate set out
in clause 11.7 above.

**(b)** For the purposes of the Superannuation Act 1976 and the Long Service Leave
_(Commonwealth Employees) Act 1976, the commuted allowance shall be taken_
into account in the same manner as the superseded penalty payments covered by
this Award.

**11.14** **Composite Rate—Air Traffic Controllers and Unit Tower Supervisors**

When calculating the minimum rate and salary-based allowances for eligible Air
Traffic Controllers and Unit Tower Supervisors, the order in which the composite
salary will be constructed is as follows: minimum rate for the classification, plus
Simultaneous Operations Allowance (where applicable) plus Complexity Allowance
(where applicable) plus relevant shift penalties.

**11.15** **Supported wage system**

See Schedule B.

**11.16** **School-based apprentices**

See Schedule E.

**11.17** **National training wage**

See Schedule F.

Minimum wages

**Eligibility for allowances:**

* Allowances are cumulative, meaning an employee can receive more than one allowance (12.1(a)).
* Allowances are not included in an employee’s ordinary rate and do not affect the calculation of penalties or overtime rates (12.1(b)).
* Allowances prescribed in clauses 12.15 and 12.16 will be payable during periods of paid annual leave, paid personal/carer’s leave or any other approved paid leave (12.1(c)).

**Allowance rates:**

* Airservices must pay employees the allowances they are entitled to under this clause (12.2). See Schedule C for a summary of monetary allowances (12.2).

**Clothing and equipment allowance:**

* Airservices will reimburse employees for loss or damage, in the performance of work, of tools, clothing, or items owned by employees, up to the demonstrated cost of repair or replacement (12.3(a)).
* Where an employee is required to temporarily visit a locality with a greatly different climate from their normal location, Airservices will reimburse up to $120.86 per annum for reasonable costs associated with purchasing suitable clothing (12.3(b)).

**Travelling allowance, expenses and reimbursement:**

* If Airservices requires an employee to be absent overnight (including on overseas travel) or part of the day, an allowance to cover reasonable travelling, accommodation, meal, and other incidental expenses will be provided. It will be paid in advance where practicable. The applicable rate will be determined by the Australian Taxation Office as a reasonable amount for the locality visited (12.4).

**Motor vehicle allowance:**

* Employees using their motor vehicle for Airservices’ business on a casual basis must be paid an allowance based on engine capacity: 
  * 800cc or less: $0.78 per km (12.5(a)).
  * Between 800cc and 1300cc: $0.87 per km (12.5(b)).
  * Greater than 1300cc: $0.93 per km (12.5(c)).

**Overtime meal allowance:**

* Employees required to work more than one hour of overtime after their ordinary time of ending work must be either provided with a meal or paid a meal allowance of $33.55 (12.6(a)).
* Employees recalled to work emergency duty for more than three hours must be either provided with a meal or paid a meal allowance of $33.55 (12.6(b)).

**Airport Category Allowance:**

* Fire Commanders performing divisional officer duties at category 7 or 8 airports will receive an allowance of $2594.18 per annum (12.7(a)).
* Fire Commanders performing divisional officer duties at category 9 or higher airports will receive an allowance of $5272.50 per annum (12.7(b)).

**Complexity Allowance:**

* Air traffic controllers receive a complexity allowance based on their station and role, with rates specified in clause 12.8(a). These allowances are payable whenever an employee is engaged at a specified airport or station and are included in the base pay for all purposes (12.8(b)).

**Surveillance Advisory Service (SAS) Allowance:**

* Air traffic controllers performing SAS tasks will be paid an allowance of 5% of their salary, including the base rate, complexity allowance, and Simultaneous Operations Allowance (12.9(a)).
* The SAS allowance is payable only for the period of SAS tasks and not for any other purposes of this award (12.9(b)-(c)).

**Simultaneous Operations Allowance:**

* Controllers handling air traffic on two intersecting runways simultaneously receive the allowance according to the location: Sydney (18%), Melbourne (14%), Brisbane (12%), Perth (5%), Adelaide (9%) (12.10(a)-(b)).

**Life insurance:**

* Employees required to pay a loading on their Life Insurance policy due to their duties will be reimbursed (12.11).

**Loss of income insurance:**

* Eligible employees required to hold a licence can be reimbursed for ‘Loss of Income Insurance’ premiums if the license is required for their duties (12.12(a)).
* The insurance policy must only provide benefits when an employee loses the ability to meet the medical requirements of their license (12.12(b)).
* Reimbursement limits: Air Traffic Controller: $1347 annually, Flight Service Officer: $1194 annually (12.12(c)).
* This does not apply where the premium is paid by the employer (12.12(d)).

**Extra Fares and Additional Travel Time:**

* Employees earning less than $65,202 incurring extra costs or travel time due to employer directives are entitled to reimbursement for additional costs (12.13(a)).
* Ordinary travel time is assessed based on travel from home to work or from temporary workstation to temporary home (12.13(b)).
* Payment rates: single time for weekdays and Saturdays, time-and-a-half for Sundays and public holidays. Additional public transport costs or Motor Vehicle Allowance will be applied for extra travel (12.13(c)-(d)).
* Reimbursements can last up to three months if Airservices relocates an employee (12.13(e)).

**Spectacle allowance:**

* Airservices must reimburse the demonstrated cost of eyesight tests if required and not provided by Airservices (12.14(a)).
* If prescribed spectacles, the employee may be reimbursed: single focus up to $91.00, multi-focus up to $165.00 (12.14(b)).

**First aid allowance:**

* Trained employees with current first aid qualifications appointed by Airservices to perform first aid duties will be paid $18.11 per week, included in their ordinary rate (12.15(a)-(b)).

**On the Job Training Instructor allowance:**

* Air Traffic Controller—Field Trainee or Controller performing On the Job Training Instructor duties receive an annual allowance of 6.5% of their salary, included in their ordinary rate while performing these duties (12.16).

**Telephone reimbursement:**

* Employees required to provide out-of-hours advice or act as out-of-hours contacts are entitled to reimbursement of telephone expenses up to 240 local calls per annum, plus substantiated work-related calls (12.17).

**Reimbursement of study costs:**

* Airservices will reimburse the cost of approved courses of study, contingent on successful completion (12.18).

**Optical Fibre and Filled Cable Allowance:**

* Employees supervising optical fibre cable tasks will receive: $33.12 per week for laying, terminating, maintaining, or removing; $37.87 per week for jointing work (12.19(a)-(b)).
* Employees supervising filled cable tasks will receive: $23.62 per week for laying, terminating, maintaining, or removing; $28.38 per week for jointing work (12.19(c)-(d)).
* Payments are only applicable for duty (12.19(e)).

**Special rates:**

* Confined spaces: $0.86 per hour (12.20(b)).
* Dirty work: $0.65 per hour (12.20(c)).
* Epoxy-based materials: $0.86 per hour (12.20(d)).
* Height money: $0.45 per hour (12.20(e)).
* Hot places: $0.65 per hour (46-54°C); $0.86 per hour (over 54°C); rest after two hours in >54°C (12.20(f)).
* Wet places: $0.65 per hour for saturated clothes/boots (12.20(g)).
* Explosive powered tools: $1.74 per day (12.20(h)).
* Towers: $0.73 per hour over 15 metres (12.20(i)).
* Only the highest, applicable special rate is paid, except as cumulative allowances (12.20(j)).
* Special rates are irrespective of timing and not subject to penalties or premiums during leave (12.20(k)).

**Representative allowance:**

* Employees appointed as Airservices Representatives receive allowances according to the category of the location (12.21(a)).
  * Category 1: $2457.74 pa; includes small airports and permanently staffed off-airport stations with occasional interactions with airport authorities (12.21(b)).
  * Category 2: $5921.02 pa; includes large regional and general aviation airports and off-airport locations with 1 hour per week representative activity (12.21(c)).
  * Category 3: $7062.99 pa; includes capital city airports with at least 1 hour per week representative activity outside normal hours (12.21(d)).

Allowances

**General entitlement:**

* A dependant is defined as a transferred employee’s spouse (including de facto), partner, or child who normally resides with the employee and relocates with the employee. An individual is not considered a dependant if they earn more than $42,210 per annum (13.1(a)).
* Employees are entitled to reimbursement for all reasonable and actual expenses incurred due to a transfer required by Airservices, unless the expenses are directly paid by Airservices (13.1(b)).

**Temporary Transfer:**

* Employees on Temporary Transfer are entitled to reimbursement of a return economy airfare to their home location every three months during the transfer period (13.2(a)(i)).

**Permanent Transfer:**

* Employees on Permanent Transfer are entitled to: 
  * Reimbursement of rental payments for six months, with $817.92 per week for an unfurnished property and $919.07 per week for a furnished property. The employee will contribute the first $99.35 per week (13.3(a)(i)).
  * Reimbursement for actual and reasonable legal and real estate costs associated with the sale and/or purchase of a home (13.3(a)(ii)).
  * Payment of fares and accommodation for a pre-transfer visit to the new locality by the employee and/or dependants, if it can reduce the cost of temporary accommodation upon arrival (13.3(a)(iii)).

**Term Transfer:**

* Employees are to be given three months' notice (or another agreed period) of the commencement and completion date of a Term Transfer (13.4(a)).
* Employees on Term Transfer are entitled to:
  * Reimbursement of rental payments during the term transfer: $817.92 per week for an unfurnished property and $919.07 per week for a furnished property, with the employee contributing the first $99.35 per week (13.4(b)(i)).
  * Reimbursement for reasonable expenses for returning to the home location upon completing at least six continuous months of service at the term transfer location (13.4(b)(ii)).
  * Reimbursement of fares and travel costs for emergency medical and dental treatment unavailable at the term transfer location (13.4(b)(iii)).
  * Payment of fares and accommodation for a pre-transfer visit to the new locality by the employee and/or dependants to reduce temporary accommodation costs upon arrival (13.4(b)(iv)).
  * Remote conditions entitlements, where eligible as per clause 14 (13.4(b)(v)).
  * Reimbursement of two return airfares per year for a dependant child attending primary or secondary school away from specified locations (Alice Springs, Karratha, Port Hedland), unless the child is otherwise entitled to such fares under a State or Territory scheme (13.4(b)(vi)).

**Compulsory Transfer:**

* Employees should be provided adequate notice of a Compulsory Transfer, generally 12 months if practicable (13.5(a)).
* Employees on Compulsory Transfer are entitled to:
  * A three-day familiarisation visit to the new location (13.5(b)(i)).
  * Reimbursement for actual and reasonable legal and real estate costs associated with the sale and/or purchase of a home (13.5(b)(ii)).

**Disturbance allowance:**

* Employees required to transfer and relocate are entitled to a disturbance allowance as follows:
  * $1,480 for employees accompanied by dependants, plus $283.88 for each dependant child who moves with them.
  * $706.17 for employees without dependants (13.6).

[Varied by [PR581296,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm) [PR581285,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm) [PR592243,](http://www.fwc.gov.au/documents/awardsandorders/html/pr592243.htm) [PR606467,](https://www.fwc.gov.au/documents/awardsandorders/html/pr606467.htm) [PR606617,](https://www.fwc.gov.au/documents/awardsandorders/html/PR606617.htm) [PR704100,](https://www.fwc.gov.au/documents/awardsandorders/html/pr704100.htm) [PR707583,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707583.htm) [PR707796,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707796.htm)
[PR718959,](https://www.fwc.gov.au/documents/awardsandorders/html/PR718959.htm) [PR719111,](https://www.fwc.gov.au/documents/awardsandorders/html/PR719111.htm) [PR729406,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729406.htm) [PR729585,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729585.htm) [PR740830,](https://www.fwc.gov.au/documents/awardsandorders/html/pr740830.htm) [PR740989; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/pr740989.htm) [PR746041; varied by](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)
[PR762250, PR762417, PR774032, PR774200]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762250.pdf)

**13.1** **General entitlement**

[[13.1(a) varied by PR581285, PR592243, PR606467, PR707583, PR718959, PR729406, PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

**(a)** For the purposes of this clause 13, dependant means a transferred employee’s
spouse (including de facto), partner or child who normally resides with the
employee and who moves with the employee or to join the employee. For the
purposes of entitlements other than in a term transfer, an individual is not a
dependent if that individual is in receipt of income in excess of **$42,210 per**
annum.

**(b)** An employee is entitled to reimbursement for all reasonable and actual expenses
incurred in fulfilling Airservices’ requirements for the employee to transfer.
Where Airservices pays for expenses directly, the employee is not entitled to
reimbursement.

**13.2** **Temporary Transfer**

**(a)** An employee on Temporary Transfer is entitled to:

**(i)** Reimbursement of a return economy airfare to the home location every
three months during the term of the Temporary Transfer.

**13.3** **Permanent Transfer**

**(a)** An employee on Permanent Transfer is entitled to:

[[13.3(a)(i) varied by PR581296, PR592393, PR606617, PR704100, PR707796, PR719111,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm) [PR729585, PR740989,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729585.htm)
[PR762417, PR774200 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762417.pdf)

**(i)** Reimbursement of rental payments for a period of six months, on the basis
of $817.92 per week for an unfurnished property and $919.07 per week for
a furnished property. An employee will contribute the first **$99.35 per**
week;

**(ii)** Reimbursement for the actual and reasonable legal and real estate agency
costs involved if an employee requires assistance with the sale and/or
purchase of a home;

**(iii)** Payment of the fares and accommodation associated with a pre-transfer

visit to the locality by the employee and/or the employee’s dependants, if
that visit would reduce the cost of temporary accommodation on arrival
for the transfer.


-----

**13.4** **Term Transfer**

**(a)** An employee will be provided with three months’ notice (or another period as
agreed) of the date of commencement of a Term Transfer and of the completion
date of the Term Transfer.

**(b)** An employee on Term Transfer is entitled to:

[[13.4(b)(i) varied by PR581296, PR592393, PR606617, PR704100, PR707796, PR719111, PR729585, PR740989,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm)
[PR762417, PR774200 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762417.pdf)

**(i)** Reimbursement of rental payments for the period of the term transfer, on
the basis of $817.92 per week for an unfurnished property and $919.07 per
week for a furnished property. An employee will contribute the first $99.35
per week.

**(ii)** Reimbursement for reasonable expenses associated with the return of the
employee to from the Term Transfer location to the employee’s home
location, where the employee has completed at least six continuous months
service at the Term Transfer location;

**(iii)** Reimbursement of fares and travel costs for emergency medical and dental

treatment which is unavailable at the designated term transfer location;

**(iv)** Payment of the fares and accommodation associated with a pre-transfer

visit to the locality by the employee and/or the employee’s dependants, if
that visit would reduce the cost of temporary accommodation on arrival
for the transfer;

**(v)** Remote conditions entitlements, where the employee is eligible in
accordance with clause 14;


**(vi)** Reimbursement of two return airfares per year with respect to a dependent

child attends primary or secondary school away from a location set out
below (unless the child is entitled to fares under a State or Territory
scheme):

1. Alice Springs;

2. Karratha; and

3. Port Hedland.

**13.5** **Compulsory Transfer**

**(a)** An employee will be provided with adequate notice of Compulsory Transfer
(generally 12 months’ notice if that is practical).

**(b)** An employee on Compulsory Transfer is entitled to:

**(i)** A three day familiarisation visit to the new location for the

**(ii)** Reimbursement for the actual and reasonable legal and real estate agency
costs involved if an employee requires assistance with the sale and/or
purchase of a home;


-----

**13.6** **Disturbance allowance**

[13.6 varied by [PR581296,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm) [PR592393,](http://www.fwc.gov.au/documents/awardsandorders/html/PR592393.htm) [PR606617,](https://www.fwc.gov.au/documents/awardsandorders/html/PR606617.htm) [PR704100,](https://www.fwc.gov.au/documents/awardsandorders/html/pr704100.htm) [PR707796,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707796.htm) [PR719111,](https://www.fwc.gov.au/documents/awardsandorders/html/PR719111.htm) [PR729585,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729585.htm) [PR740989,](https://www.fwc.gov.au/documents/awardsandorders/html/pr740989.htm)
[PR762417, PR774200 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762417.pdf)

Employees who are required to transfer in accordance with this clause 13 and whose
transfer requires removal, will be paid an allowance as follows:

**Circumstance** **Rate**

$

Employee accompanied by dependants 1480

plus for each dependant child who moves with the child 283.88

Employee without dependants 706.17

Transfer allowances

**District allowance:**

* Paid to employees living and working in remote localities as specified (14.1(a)). Allowance rates vary by location and dependency status:
  * Alice Springs: $3004 (no dependants), $5516 (with dependants)
  * Cairns: $1150 (no dependants), $2278 (with dependants)
  * Charlesville: $3004 (no dependants), $5516 (with dependants)
  * Christmas Island: $6795 (no dependants), $10,972 (with dependants)
  * Cocos Island: $6795 (no dependants), $10,972 (with dependants)
  * Darwin: $3004 (no dependants), $5516 (with dependants)
  * Karratha: $6795 (no dependants), $10,972 (with dependants)
  * Kalgoorlie: $3004 (no dependants), $5516 (with dependants)
  * Kununurra: $6795 (no dependants), $10,972 (with dependants)
  * Mt Isa: $3004 (no dependants), $5516 (with dependants)
  * Port Hedland: $6795 (no dependants), $10,972 (with dependants)
  * Prosperine (Hamilton Island): $1150 (no dependants), $2278 (with dependants)
  * Townsville: $1150 (no dependants), $2278 (with dependants) (14.1(a)).
* Eligible dependent: A dependent or partner living with the employee whose income is less than $42,210 per annum (14.1(b)).
* If both spouses are employed by Airservices at a specified location, each spouse will receive the allowance at the no dependant rate. Other eligible dependants will only be accounted for once (14.1(c)).
* Casual employees are not entitled to district allowance, and part-time employees receive a pro-rata allowance (14.1(d)).
* Airservices may, at its sole discretion, approve district allowance for employees in localities not listed (14.1(e)).

**Remote locality leave fares:**

* Employees and their eligible dependents located permanently or on term transfer are eligible for reimbursement of annual or biennial leave air fares (standard economy class) (14.2(a)). Leave fares vary by location:
  * Alice Springs: $1671
  * Cairns: $890.71
  * Charlesville: $1066
  * Christmas Island: $2981
  * Cocos Island: $2981
  * Darwin: $2700
  * Karratha: $1666
  * Kalgoorlie: $447.12
  * Kununurra: $2810
  * Mt Isa: $1753
  * Port Hedland: $1769
  * Prosperine (Hamilton Island): $741.66
  * Townsville: $800.18 (14.2(a)).
* Leave fares accrue on arrival and may accrue to a maximum of two at any one time and can be taken independently by the employee and eligible dependants (14.2(b)).

**Water subsidy:**

* Employees at specified locations receiving a rental subsidy will receive a reimbursement for water consumed over and above the allowance in the region and/or tenancy agreement. The subsidy amounts are capped according to location:
  * Alice Springs: 500 kilolitres
  * Darwin: 500 kilolitres
  * Karratha: 1000 kilolitres
  * Kununurra: 1000 kilolitres
  * Port Hedland: 1000 kilolitres
  * Kalgoorlie: 600 kilolitres (14.3(a)).

**Electricity subsidy:**

* Employees on term transfer to Cocos Island or Christmas Island may receive reimbursement for electricity charges above those normally incurred at their pre-transfer locality (14.4).

**Air-conditioning subsidy:**

* Employees are reimbursed for electricity in respect to air-conditioning during specified periods, according to the location and air-conditioning setup:
  * Karratha: September–April
  * Kununurra: August–May
  * Port Hedland: September–April (14.5(a)).
* Reimbursement rates:
  * Separate meter: 85%
  * No separate meter, 1 room: 50%
  * No separate meter, 2 rooms: 65%
  * No separate meter, 3 rooms: 70%
  * Fully air-conditioned (non-zoned): 90% (14.5(a)).
* Pro-rata reimbursement applies if the subsidy period overlaps with the electricity bill (14.5(b)).

**Education fees reimbursement allowance:**

* Allowance is available if an employee is transferred to a location where district allowance is eligible and the employee’s dependent child remains at or commences a new school, incurring tuition fees, board or lodging costs additional to pre-transfer costs (14.6(a)): 
  * Maximum amount: $19,464 for tuition fees (14.6(b)(i)).
  * Maximum amount: $16,215 for board and lodging (14.6(b)(ii)).
* All allowance claims will be determined by Airservices based on reasonableness (14.6(c)).

[Varied by [PR581296,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm) [PR581285,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm) [PR592243,](http://www.fwc.gov.au/documents/awardsandorders/html/pr592243.htm) [PR592393,](http://www.fwc.gov.au/documents/awardsandorders/html/PR592393.htm) [PR606467,](https://www.fwc.gov.au/documents/awardsandorders/html/pr606467.htm) [PR606617,](https://www.fwc.gov.au/documents/awardsandorders/html/PR606617.htm) [PR704100,](https://www.fwc.gov.au/documents/awardsandorders/html/pr704100.htm) [PR707796,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707796.htm)
[PR718959,](https://www.fwc.gov.au/documents/awardsandorders/html/PR718959.htm) [PR719111,](https://www.fwc.gov.au/documents/awardsandorders/html/PR719111.htm) [PR729406,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729406.htm) [PR729585,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729585.htm) [PR740830,](https://www.fwc.gov.au/documents/awardsandorders/html/pr740830.htm) [PR740989; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/pr740989.htm) [PR746041; varied by](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)
[PR762250, PR762417, PR774032, PR774200]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762250.pdf)

**14.1** **District allowance**

[[14.1(a) varied by PR581296, PR592393, PR606617, PR704100, PR707796, PR719111,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm) [PR729585, PR740989,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729585.htm)
[PR762417, PR774200 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762417.pdf)

**(a)** District allowance is paid to an employee who lives and works in a remote
locality as follows:


**Location** **Allowance rate—no**

**dependants**


**Allowance rate—**

**with dependants**


Alice Springs 3004 5516

Cairns 1150 2278

Charlesville 3004 5516

C’mas Island 6795 10,972

Cocos Island 6795 10,972

Darwin 3004 5516

Karratha 6795 10,972

Kalgoorlie 3004 5516

Kununurra 6795 10,972

Mt Isa 3004 5516

Port Hedland 6795 10,972

Prosperine (Hamilton Island) 1150 2278


-----

**Location** **Allowance rate—no**

**dependants**


**Allowance rate—**

**with dependants**


Townsville 1150 2278

[[14.1(b) varied by PR581285, PR592243, PR606467, PR707583, PR718959, PR729406, PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

**(b)** For the purposes of this clause 14, an eligible dependent is a dependent or partner
who resides with the employees and whose income, if any, is less than $42,210
per annum.

**(c)** Where both spouses are employed by Airservices at a location specified in clause
14.1(a) above, each will receive the allowance at the “without eligible dependant
rate”. Other eligible dependants will be accounted for only once.

**(d)** The allowance set out clause 14.1(a) is not payable to casual employees and is
paid to part-time employees on a pro-rata basis.

**(e)** Airservices may approve the payment of district allowance to an employee in a
locality that is not set out in clause 14.1(a) at its sole discretion.

**14.2** **Remote locality leave fares**

[[14.2(a) varied by PR581296, PR592393, PR606617, PR704100, PR707796, PR719111, PR729585, PR740989,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm)
[PR762417, PR774200 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762417.pdf)

**(a)** Employees and their eligible dependents located either permanently or on term
transfer are eligible for reimbursement of annual or biennial leave air fares
(standard economy class) as follows:


-----

**Location** **Leave fare (net) applicable for**

**eligible adult**

**$**

Alice Springs 1671

Cairns 890.71

Charlesville 1066

C'mas Island 2981

Cocos Island 2981

Darwin 2700

Karratha 1666

Kalgoorlie 447.12

Kununurra 2810

Mt Isa 1753

Port Hedland 1769

Prosperine (Hamilton Island) 741.66

Townsville 800.18

**(b)** Leave fares accrue on arrival at the locality and accrue to a maximum of two at
any one time. They may be taken independently by the employee and the eligible
dependants.

**14.3** **Water subsidy**

**(a)** Employees at locations listed below who are in receipt of rental subsidy will
receive a subsidy for water consumed over and above that allowed in the region
and/or tenancy agreement. The amount will be paid as a reimbursement on
evidence of use to the maximum limit:

**Location** **Maximum Kilolitres**

Alice Springs 500

Darwin 500

Karratha 1,000

Kununurra 1,000

Port Hedland 1,000

Kalgoorlie 600


-----

**14.4** **Electricity subsidy**

Employees on term transfer to Cocos Island or Christmas Island may have electricity
charges over and above those normally incurred at their pre-transfer locality
reimbursed.

**14.5** **Air-conditioning subsidy**

**(a)** An employee will be reimbursed electricity payments in respect of airconditioning as set out below.

**Location** **Subsidy period**

Karratha September–April

Kununurra August–May

Port Hedland September–April

**Percentage of total charge reimbursable**

Separate meter installed 85%

No separate meter, and

1 room air-conditioner 50%

2 room air-conditioners 65%

3 room air-conditioners (or ducted equivalent) 70%

fully (non-zoned) air-conditioning system 90%

**(b)** Pro-rata reimbursement will be paid where electricity account and subsidy
period overlap.

**14.6** **Education fees reimbursement allowance**

**(a)** An allowance is payable to an employee where:

**(i)** an employee is transferred to a location where an employee is entitled to
payment of district allowance; and

**(ii)** the employee’s dependent child either remains at school at the home
location or commences school at the new location before the arrival of the
employee (that is, so the employee can commence the school term or year);
and

**(iii)** the employee’s dependent child is completing the final two years of

secondary school (that is, year 11 or 12); and


**(iv)** the employee incurs tuition fees, board or lodging costs additional to the

costs that would have been incurred if the employee was not transferred.

**(b)** The maximum amount of the allowance described at clause 14.6(a) is:

[[14.6(b)(i) varied by PR581296, PR592393, PR606617, PR704100, PR707796, PR719111, PR729585, PR740989,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm)
[PR762417, PR774200 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762417.pdf)

**(i)** **$19,464 for tuition fees; and**


-----

[14.6(b)(ii) varied by [PR581296,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm) [PR592393,](http://www.fwc.gov.au/documents/awardsandorders/html/PR592393.htm) [PR606617,](https://www.fwc.gov.au/documents/awardsandorders/html/PR606617.htm) [PR704100,](https://www.fwc.gov.au/documents/awardsandorders/html/pr704100.htm) [PR707796,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707796.htm) [PR719111,](https://www.fwc.gov.au/documents/awardsandorders/html/PR719111.htm) [PR729585,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729585.htm)
[PR740989, PR762417, PR774200 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm)

**(ii)** **$16,215 for board and lodging.**

**(c)** All claims for the allowance described at clause 14.6(a) will be determined by
Airservices on the basis of reasonableness.

Remote conditions

**Superannuation legislation:**

* The [NES and Superannuation legislation](https://www.fwc.gov.au/documents/awards/resources/nes.pdf) including the _Superannuation Guarantee (Administration) Act 1992 (Cth)_, the _Superannuation Guarantee Charge Act 1992 (Cth)_, the _Superannuation Industry (Supervision) Act 1993 (Cth)_, and the _Superannuation (Resolution of Complaints) Act 1993 (Cth)_ outline the superannuation rights and obligations of employers and employees (15.1(a)).
* The rights and obligations in clause 15 supplement those in superannuation legislation and the NES (15.1(b)).

**Superannuation legislation notes:**

* Individual employees generally have the opportunity to choose their own superannuation fund.
* If a new employee does not choose a superannuation fund, the employer must ask the ATO whether the employee is an existing member of a stapled superannuation fund and, if so, make contributions to the stapled fund.
* 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 can accept contributions for the benefit of the employee.
* 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 APRA for 2 consecutive years.

**Employer contributions:**

* Airservices must make superannuation contributions to a fund to avoid paying the superannuation guarantee charge under legislation (15.2).

**Voluntary employee contributions:**

* Employees may authorise their employer in writing to pay a specified amount from post-tax wages into the superannuation fund into which Airservices makes contributions (15.3(a)).
* Employees may adjust the authorised amount with three months' written notice, effective from the first of the month following the notice (15.3(b)).
* Airservices must pay the authorised amount no later than 28 days after the end of the month in which the deduction was made (15.3(c)).

**Superannuation fund:**

* Employer contributions must be made to one of the specified superannuation funds unless required to comply with superannuation legislation (15.4). The specified funds include:
  * AvSuper (15.4(a)).
  * Any superannuation fund to which Airservices was making contributions before 12 September 2008, provided it is an eligible choice fund offering a MySuper product or is an exempt public superannuation sector scheme (15.4(b)).
  * A superannuation fund or scheme of which the employee is a defined benefit member (15.4(c)).

[[Varied by PR771417]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr771417.pdf)

**15.1** **Superannuation legislation**

[[15.1 substituted by PR771417 ppc 09Apr24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr771417.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 15 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.

**15.2** **Employer contributions**

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


-----

**15.3** **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 Airservices makes the superannuation contributions
provided for in clause 15.2.

**(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)** Airservices must pay the amount authorised under clauses 15.3(a) or (b) no later
than 28 days after the end of the month in which the deduction authorised under
clauses 15.3(a) or (b) was made.

**15.4** **Superannuation fund**

[[15.4 varied by PR771417 ppc 09Apr24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr771417.pdf)

Unless, to comply with superannuation legislation, the employer is required to make
the superannuation contributions provided for in clause 15.2. to another
superannuation fund, the employer must make the superannuation contributions
provided for in clause 15.2. and pay any amount authorised under clauses 15.3(a) or
15.3(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)** AvSuper; or

**(b)** any superannuation fund to which Airservices 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 superannuation sector scheme;
or

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

## Part 5—Penalties and Overtime

Superannuation

Wages and Allowances

**General:**

* Shiftworker is defined in Schedule G—Definitions (16.1(a)).
* Shift penalty payments will not be included in the calculation of overtime or any allowances based on salary, nor will they be paid for any shift already receiving a penalty payment under this award (16.1(b)).
* For calculating penalty rates, an employee's ordinary rate includes any higher duties allowance for the shift (16.1(c)).

**Penalty rates for shiftworkers:**

* Shiftworkers will receive the following penalty rates for ordinary hours worked during specified periods (16.2):
  * Night (7:00 pm - 7:00 am, Monday to Friday): 115% (ordinary), 140% (casual).
  * Continuous night (shift entirely between 7:00 pm and 7:00 am for over 4 weeks): 130% (ordinary), 155% (casual).
  * Saturday: 150% (ordinary), 175% (casual).
  * Sunday: 200% (ordinary), 225% (casual).
  * Public holiday: 250% (ordinary), 275% (casual).

Refer to Schedule B for a summary of hourly rates including penalties.

**Notes on penalty rates:**

* Saturday, Sunday, and Public Holiday penalty rates replace, not add to, Night or Continuous Night penalty rates (16.3).
* Penalty rates do not apply to overtime hours worked by the employee (16.4).

**16.1** **General**

**(a)** Shiftworker is defined in Schedule G—Definitions.

**(b)** Shift penalty payments will not be taken into account in the computation of
overtime or in the calculation of any allowance based upon salary, nor will they
be paid with respect to any shift for which any other form of penalty payment is
made under this award.

**(c)** For the purpose of calculating penalty rates, an employee’s ordinary rate will be
considered to include any higher duties allowance for the shift.


-----

**16.2** A shiftworker will be paid the following penalty rates for all ordinary hours worked
by the shiftworker during the following periods:

**Ordinary hours worked:** **Penalty rate** **Casual penalty rate**


**Ordinary span of**
**hours—no penalty**
**rate**


**See clause 9** **ordinary rate**

**(100%)**


**ordinary rate plus**

**casual loading**


**(125%)**

115% 140%

130% 155%


Night Where any part of the shift
falls between 7.00 pm and
7.00 am, Monday to Friday

Continuous night Where the shift falls within
7.00 pm and 7.00 am and is
worked for a period
exceeding four weeks


Saturday All hours 150% 175%

Sunday All hours 200% 225%

Public holiday All hours 250% 275%

See Schedule B—Summary of Hourly Rates of Pay for a summary of rates of pay including
penalties

**16.3** The Saturday, Sunday and Public Holiday penalty rates are in substitution for and not
cumulative upon the Night or Continuous Night penalty rates.

**16.4** Penalty rates are not payable for overtime hours worked by the employee.

Penalty rates—shiftworkers

**Definition of overtime – employees other than shiftworkers:**

**Full-time and casual employees:**

* Overtime includes all time (excluding travelling time) worked in excess of the ordinary hours or outside the ordinary span of hours for a full-time employee (17.1(a)(i)).

**Part-time employees:**

* Overtime includes all time (excluding travelling time) worked in excess of the hours agreed under clause 6.3(c) (17.1(b)(i)).

**Overtime rates – employees other than shiftworkers:**

* Overtime rates for employees are as follows:
  * Monday to Saturday – first 3 hours: 150% (17.2).
  * Monday to Saturday – after 3 hours: 200% (17.2).
  * Sunday all day: 200% (17.2).
  * Public Holiday all day: 250% (17.2).

**Definition of overtime - shiftworkers:**

* Overtime includes:
  * All shift work outside the employee’s ordinary rostered hours (17.3(a)(i)).
  * All shift work exceeding weekly hours of ordinary duty, or averaged over a cycle of shifts (17.3(a)(ii)).

* Exclusions:
  * Travelling time (17.3(b)(i)).
  * Agreed exchange of rostered shifts or hours (17.3(b)(ii)).
  * Work as part of ordinary rostered hours (17.3(b)(iii)).

**Overtime rates - shiftworkers:**

* Overtime rates for shiftworkers are as follows:
  * Monday to Friday – first 3 hours: 150% (17.4).
  * Monday to Friday – after 3 hours: 200% (17.4).
  * Saturday and Sunday all day: 200% (17.4).
  * Public Holiday all day: 250% (17.4).

**Absence from duty instead of overtime:**

* Employees may agree to take time off instead of payment, equivalent to the overtime rate (17.5(a)).
* Accrued but untaken time off in lieu will not be paid on termination (17.5(b)).

**Overtime for casual employees:**

* Overtime rates for casual employees will replace the casual loading, not add to it (17.6).

**Overtime for senior employees:**

* Employees with a minimum salary equal to or greater than Administrative Services—Level 7 will not be eligible for overtime payment unless approved by Airservices (17.7).

**Rest period after overtime:**

* Entitled to eight consecutive hours off (plus reasonable travelling time) without loss of pay (17.8(a)).
* If directed to return without the eight-hour break, paid at double rates until the break is taken (17.8(b)).
* Applies to overtime worked for three hours or more (17.8(c)).
* Does not apply if less than 3 hours overtime worked immediately before an ordinary shift (17.8(d)).

**Restriction duty:**

* Employees may be directed to be contactable and available for extra duty outside ordinary hours, with payment (17.9(a)).
* Payment of $3.60 per hour for restriction periods (17.9(b)).
* Recalled duty will be paid as overtime (17.9(c)).

**Emergency duty:**

* Recalled in emergency without prior notice paid at 150% including travel time, minimum payment of three hours (17.10(a)).
* Does not apply to shiftworkers with varied duty due to emergency (17.10(b)).

[Varied by [PR581285,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm) [PR592243,](http://www.fwc.gov.au/documents/awardsandorders/html/pr592243.htm) [PR606467,](https://www.fwc.gov.au/documents/awardsandorders/html/pr606467.htm) [PR707583,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707583.htm) [PR718959,](https://www.fwc.gov.au/documents/awardsandorders/html/PR718959.htm) [PR729406,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729406.htm) [PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/pr740830.htm)
[PR746041; varied by PR762250, PR774032]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

**17.1** **Definition of overtime – employees other than shiftworkers**

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

The following work is overtime:

**(i)** all time (other than travelling time) worked by a full-time or casual
employee in excess of the ordinary hours of work for a full-time employee,
or outside the ordinary span of hours.

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

The following work is overtime:

**(i)** all time (other than travelling time) worked by a part-time employee in
excess of the hours as agreed under clause 6.3(c).


-----

**17.2** **Overtime rates – employees other than shiftworkers**

Where an employee works overtime, Airservices must pay to the employee the
overtime rates as follows:

**For overtime worked on** **Overtime time rate**

Monday to Saturday – first 3 hours 150%

Monday to Saturday – after 3 hours 200%

Sunday all day 200%

Public Holiday all day 250%

**17.3** **Definition of overtime - shiftworkers**

**(a)** The following work is overtime:

**(i)** all shift work as described under Schedule G which is performed outside
the employee’s ordinary rostered hours; or

**(ii)** all shift work as described under Schedule G which is performed in excess
of the weekly hours of ordinary duty, or an average of the weekly hours of
ordinary duty over a cycle of shifts.

**(b)** For the purposes of this award, the following work performed by shiftworkers is
not overtime:

**(i)** travelling time;

**(ii)** all time worked as part of an agreed exchange of rostered shifts or rostered
hours; and

**(iii)** all time worked by a shiftworker as described under Schedule G which is

performed as part of the employee’s ordinary rostered hours.

**17.4** **Overtime rates - shiftworkers**

Where a shiftworker works overtime, Airservices must pay to the employee the
overtime rates as follows:


-----

**For overtime worked on** **Overtime time rate**

Monday to Friday – first 3 hours 150%

Monday to Friday – after 3 hours 200%

Saturday and Sunday all day 200%

Public Holiday all day 250%

**17.5** **Absence from duty instead of overtime.**

**(a)** An employee may agree to take time off in lieu of payment of overtime
equivalent to the hours worked at the overtime rate, or as a mixture of payment
and time in lieu to the same value.

**(b)** Accrued but untaken time off in lieu will not be paid on termination of
employment.

**17.6** **Overtime for casual employees**

For casual employees, the overtime rates prescribed in clauses 17.2 and 17.4 will be
in substitution for, and not cumulative upon, the casual loading prescribed in clause
6.4(c).

**17.7** **Overtime for senior employees**

Except with the approval of Airservices, an employee whose classification has a
minimum salary equal to or greater than the minimum salary for Administrative
Services—Level 7 will not be eligible for overtime payment.

**17.8** **Rest period after overtime**

**(a)** An employee who is entitled to receive payments for overtime is entitled, at the
end of the overtime period, to be absent from duty for eight consecutive hours
(plus reasonable travelling time) without loss of pay.

**(b)** If an employee referred to in clause 17.8(a) is directed to return to duty without
eight consecutive hours absence (plus reasonable travelling time) will be paid at
double rates for all hours worked until the required break is taken.

**(c)** The provisions of clauses 17.8(a) and 17.8(b) apply to overtime worked in
circumstances covered by clause 17.10 where an employee performs work for
three hours or more on a day.

**(d)** The provisions of clauses 17.8(a) and 17.8(b) do not apply where an employee
works less than 3 hours overtime immediately prior to starting an ordinary shift.

**17.9** **Restriction duty**

**(a)** An employee may be directed to be contactable and to be available to perform
extra duty outside the employee’s ordinary hours of work, subject to payment
under this clause.


-----

[[17.9(b) varied by PR581285, PR592243, PR606467, PR707583, PR718959, PR729406, PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm)
[PR746041; varied by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm)

**(b)** An employee on restriction will be paid **$3.60 per hour or part thereof for the**
period of the restriction.

**(c)** If the employee is recalled to duty at the workplace, the employee will be paid
in accordance with the overtime provisions.

**17.10** **Emergency duty**

**(a)** Where an employee who is entitled to receive overtime payments is recalled to
duty in emergency circumstances and no notice of the duty was given to the
employee prior to ceasing ordinary hours of work, the employee will be paid for
such emergency duty at the rate of 150% of the employee’s ordinary rate. The
time for which payment will be made will include time necessarily spent in
travelling to and from duty. The minimum payment under this subclause will be
three hours.

**(b)** The provisions of clause 17.10(a) do not apply to shiftworkers whose duty for
the day is varied by alteration of the commencement of the scheduled shift to
meet an emergency.

## Part 6—Leave, Public Holidays and other entitlements

Overtime

Penalties and Overtime

**Annual leave entitlement:**

* Annual leave is provided as per the NES. Casual employees are not entitled to paid annual leave. For full details, refer to sections 86-94 of the Act (18.1).

**Payment for annual leave upon death:**

* If an employee dies, the payment for the accrued but untaken annual leave will be made to the legal personal representative (18.2).

**Additional leave for certain shiftworkers:**

* Shiftworkers are entitled to an additional half a day of paid annual leave for each Sunday rostered, up to a maximum of 5 days per year. A rostered overtime shift of three hours or more that starts or finishes on a Sunday will be included (18.3(a)).
* A shiftworker is defined as an employee rostered to work ordinary duty outside 6.30 am to 6.00 pm, Monday to Friday, and/or on Saturdays, Sundays or Public Holidays (18.3(b)).
* Part-time employees will only be entitled to this leave if they regularly perform rostered duty on Sundays and Public Holidays, involving not less than five shifts per week or the equivalent for a full-time employee (18.3(c)).

**Excess leave:**

* If an agreement on taking annual leave cannot be reached, Airservices can require an employee to take annual leave by giving at least 28 days’ notice if the employee has 8 weeks or more accrued leave (10 weeks for shiftworkers) (18.4(a)-(b)).

**Annual leave in advance:**

* Employers and employees can agree on taking annual leave in advance, which must be in writing, signed by both, stating the amount and commencement date of the leave, and retained as an employee record (18.5(a)).
* If the employee’s employment is terminated before they accrue the leave taken in advance, the employer can deduct the corresponding amount from any final payments (18.5(b)).

**Payment for annual leave:**

* Employees on annual leave will be paid at their ordinary rate (18.6(a)).
* Shiftworkers, except for Aviation Rescue Fire Fighters covered by clause 18.6(c), will receive shift penalty payments for shifts they would have worked during the leave period (18.6(b)).
* Aviation Rescue Fire Fighters will receive a composite rate during annual leave if they are paid a composite rate as per clause 11.13 (18.6(c)).

**Additional leave for employees in remote localities:**

* Employees in specific remote locations are entitled to additional annual leave:
  * Alice Springs: 5 days
  * Karratha: 5 days
  * Prosperine (Hamilton Island): 2 days
  * Port Hedland: 5 days (18.7).

**Cashing out of annual leave:**

* Paid annual leave can be cashed out only with a separate written agreement for each instance, stating the amount of leave, payment, and the payment date, and must be signed by both parties and retained as a record (18.8(a)-(e)).
* The payment must be at least the amount the employee would have received had they taken the leave (18.8(f)).
* Cashed-out leave agreements should not reduce the remaining accrued leave below 4 weeks, and the maximum amount of leave that can be cashed out in 12 months is 2 weeks (18.8(g)-(h)).
* Employers must keep a copy of all cashing-out agreements as employee records (18.8(i)).

**18.1** Annual leave is provided for in the [NES. Casual employees are not entitled to paid](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
[annual leave. The NES provides for the accrual of four weeks paid leave per year. For](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
[the full NES annual leave entitlement see ss.86–94 of the Act.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**18.2** Where an employee dies, payment will be made to the legal personal representative of
the former employee of the former employee’s accrued but untaken annual leave.

**18.3** **Additional leave for certain shiftworkers**

**(a)** Shiftworkers, as defined in clause 18.3(b) will be entitled to an additional half a
day paid annual leave for each Sunday rostered, up to a maximum of five days
per year. A rostered overtime shift of three hours or more which commences or
ceases on a Sunday will count in the calculation.

**(b)** For the purpose of the additional leave provided for in clause 18.3(a), an
employee will be considered a shiftworker if rostered to perform ordinary duty:

**(i)** outside the period 6.30 am to 6.00 pm, Monday to Friday, and/or

**(ii)** on Saturdays, Sundays or Public Holidays,

for an ongoing or fixed period.

**(c)** Part-time employees will be entitled to leave under clause 18.3(a) only where
the employee has a shift pattern involving the regular performance of rostered
duty on Sundays and Public Holidays and involving not less than five shifts per


-----

week or an average of not less than the number of shifts per week of an
equivalent full-time employee.

**18.4** **Excess leave**

Notwithstanding section 88 of the Act, if Airservices has genuinely tried to reach
agreement with an employee as to the time of taking annual leave, Airservices can
require the employee to take annual leave by giving at least 28 days’ notice of the time
when such leave is to be taken if:

**(a)** at the time the direction is given, the employee has 8 weeks or more (10 if the
employee is a shiftworker) of accrued annual leave; and

**(b)** the amount of annual leave the employee is directed to take does not reduce the
employee’s remaining balance to less than 8 weeks.

**18.5** **Annual leave in advance**

**(a)** An employer and employee may agree to the employee taking a period of paid
annual leave in advance of the employee accruing an entitlement to such leave
provided that the agreement meets the following requirements:

**(i)** it is in writing and signed by the employee and employer;

**(ii)** it states the amount of leave to be taken in advance and the date on which
the leave is to commence; and

**(iii)** it is retained as an employee record.

**(b)** This subclause applies if an employee takes a period of paid annual leave in
advance pursuant to an agreement made in accordance with clause 18.5(a). If the
employee’s employment is terminated before they have accrued all of the
entitlement to paid annual leave which they have taken then the employer may
deduct an amount equal to the difference between the employee’s accrued annual
leave entitlement and the leave taken in advance, from any monies due to the
employee on termination.

**18.6** **Payment for annual leave**

**(a)** An employee on annual leave will, for the period of the annual leave, be paid at
the employee’s ordinary rate.

**(b)** A shiftworker, other than an Aviation Rescue Fire Fighter covered by
clause 18.6(c), on approved annual leave will, for the period of the annual leave,
receive shift penalty payments in relation to the shifts the employee would have
worked if the employee was not on annual leave.

**(c)** An Aviation Rescue Fire Fighter who is paid a composite rate in accordance with
clause 11.13, on approved annual leave, will receive the composite rate for the
period of the annual leave.

**18.7** **Additional leave for employees in remote localities**

**(a)** Employees in remote localities are entitled to additional annual leave as follows:


-----

**Location** **Additional days of**

**annual leave**

Alice Springs 5

Karratha 5

Prosperine (Hamilton Island) 2

Port Hedland 5

**18.8** **Cashing out of annual leave**

**(a)** Paid annual leave must not be cashed out except in accordance with an
agreement under clause 18.8.

**(b)** Each cashing out of a particular amount of paid annual leave must be the subject
of a separate agreement under clause 18.8.

**(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 18.8 must state:

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

**(ii)** when the payment is to be made.

**(e)** An agreement under clause 18.8 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 18.8 as an
employee record.

**Note 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on**
an employee to make, or not make, an agreement under clause 18.8.

**Note 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or**
misleading representation about the workplace rights of another person under clause 18.8.

Annual leave

**Personal/carer’s leave and compassionate leave:**

* Personal/carer’s leave and compassionate leave are provided as per the National Employment Standards (NES), with additional entitlements as detailed below (19.1).

* Employees entitled to paid personal/carer’s leave under the NES also accrue an additional 8 days of personal/carer’s leave per annum, in line with NES provisions (19.2).

* Employees, except casuals, receive an additional one day of paid compassionate leave per occasion (19.3).

* Paid personal/carer’s leave and compassionate leave are paid at the employee's ordinary rate of pay (19.4).

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


-----

**19.2** [Employees who are entitled to paid personal/carer’s leave under the NES are entitled](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
to accrue an additional 8 days of personal/carer’s leave per annum treated in
[accordance with the provisions of the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**19.3** An additional one day paid compassionate leave per occasion is provided to all
employees other than casual employees.

**19.4** Paid personal/carer’s leave and compassionate leave will be paid at the employee’s
ordinary rate.

Personal/carer’s leave and compassionate leave

**Parental leave:**

* Parental leave entitlements are provided as per the National Employment Standards (NES) (20.1).

* In addition to the NES entitlements, non-casual employees are entitled to maternity leave under conditions similar to the _Maternity Leave (Commonwealth Employees) Act 1973_, with references to the _relevant Secretary_ construed to mean the Chief Executive Officer of Airservices (20.2).

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

**20.2** [In addition to the entitlements in the NES, an employee who is not a casual employee](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
is entitled to maternity leave as if the _Maternity Leave (Commonwealth Employees)_
_Act 1973 applied to Airservices. References in that legislation to the_ **relevant**
**Secretary will be read as the Chief Executive Officer of Airservices.**

Parental leave

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

Community service leave

**Public holidays:**

* Public holidays are provided for in the NES (22.1).

* In addition to the public holidays specified in the NES, non-casual employees are entitled to one additional holiday granted by Airservices, to be taken over the Christmas/New Year period (22.2).

* Employees may substitute another day for any public holiday by agreement with Airservices (22.3).

**Public holidays on rostered days off – shiftworker:**

* If a shiftworker is rostered off on a public holiday, they are entitled to an additional day’s leave. If it is not practical to grant the day’s leave within a month, the employee will receive an additional day’s pay at their ordinary rate (22.4).

**22.1** [Public holidays are provided for in the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**22.2** [In addition to the public holidays specified in the NES, an employee who is not a casual](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
employee is entitled to one additional holiday, which will be granted by Airservices
over the Christmas/New Year period.

**22.3** An employee, by agreement with Airservices, may substitute another day for any
public holiday.

**22.4** **Public holidays on rostered days off – shiftworker**

If a shiftworker is rostered off on a public holiday, the employee is entitled to take an
additional day’s leave to substitute for the missed public holiday. Where it is not
practical to grant the day’s leave within a month of the public holiday, the employee
will receive an additional day’s pay at the employee’s ordinary rate.

Public holidays

**Notice of termination:**

* Notice of termination of employment is provided for in the NES (23.1).

**Notice of termination by an employee:**

* The notice of termination required from an employee is the same as that required of Airservices, except employees do not need to give additional notice based on their age. If an employee fails to give the required notice, Airservices may withhold from the employee's final pay an amount equivalent to the period of notice not given, adjusted for any notice actually given (23.2).

**Job search entitlement:**

* When Airservices gives notice of termination, the employee must be allowed up to one day's time off without loss of pay to seek other employment. This time off should be taken at a mutually convenient time after consultation with Airservices (23.3).

**Payment of accrued annual leave on termination of employment:**

* On termination of employment, the employee is entitled to payment in lieu of accrued annual leave. The payment will be calculated based on the employee's final salary rate, including relevant allowances, except district allowance which is only included for leave accrued in a remote locality (23.4).

**Recognition of service – trainees:**

* If a trainee completes their traineeship and then commences ongoing employment with Airservices either immediately or within six months from the completion date, the entire traineeship period will count as service (23.5).

**23.1** [Notice of termination of employment is provided for in the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**23.2** **Notice of termination by an employee**

The notice of termination required to be given by an employee is the same as that
required of Airservices except that there is no requirement on the employee to give
additional notice based on the age of the employee concerned. If an employee fails to
give the required notice Airservices may withhold from any monies due to the
[employee on termination under this award or the NES, an amount not exceeding the](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)


-----

amount the employee would have been paid under this award in respect of the period
of notice required by this clause less any period of notice actually given by the
employee.

**23.3** **Job search entitlement**

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

**23.4** **Payment of accrued annual leave on termination of employment**

Where employment ceases, the employee will be entitled to payment in lieu of accrued
annual leave. Payment in lieu will be calculated using the employee’s final rate of
salary, including allowances that would have been included during annual leave.
District allowance is only included in the calculation for leave accrued in a remote
locality.

**23.5** **Recognition of service – trainees**

Where a trainee is engaged for a fixed term period for the purposes of a traineeship
and upon successful completion of the traineeship:

**(a)** the trainee commences ongoing employment with Airservices immediately
following the end of the traineeship; or

**(b)** the trainee does not commence ongoing employment with Airservices
immediately following the end of the traineeship but does commence ongoing
employment within six months from the end of the traineeship,

the full period of the employee’s traineeship will count as service.

Termination of employment

**Redundancy pay:**

* Redundancy pay is provided for in the NES, and these provisions supplement the NES (24.1).

**Excess employee:**

An employee is considered excess if:

* They belong to a class of employees where the number of employees exceeds the necessary amount for efficient and economical operations (24.2(a)).
* Their services cannot be effectively used due to technological or other changes in work methods, or changes in the nature, extent, or organisation of Airservices' functions (24.2(b)).
* Their duties are set to be performed at a different location, they are unwilling to perform duties at the new location, and Airservices applies this provision to them (24.2(c)).

**Entitlement:**

* An excess eligible employee whose employment is terminated is entitled to redundancy pay of two weeks' salary for each completed year of continuous service, plus a pro rata payment for completed months of service since the last completed year of service, unless the NES provides a greater benefit (24.3(a)).
* Salary includes any allowances specified in the Award as part of the ordinary rate but excludes shift and weekend penalty rates, public holiday penalties, and the composite allowance in clause 11.13 (24.3(b)).
* If an employee has been acting at a higher classification level for at least twelve months preceding the notice of retirement, the salary level for redundancy will be the higher salary at the date of termination (24.3(c)).

**Minimum and maximum payments:**

* The minimum redundancy pay is four weeks' salary and the maximum is 48 weeks' salary (24.4).

**Pro rata entitlement:**

* Redundancy pay is calculated on a pro rata basis for employees who have worked part-time during their service and have less than 24 years of full-time service, subject to NES minimum entitlements (24.5).

**Transfer to lower paid duties:**

* If an employee is transferred to lower paid duties due to redundancy, the same period of notice must be given as if their employment was terminated. Airservices can opt to pay the difference between the former and new ordinary time rate of pay for the notice period (24.6).

**Period of notice – termination of employment:**

* The notice period for termination of an excess employee is four weeks. For employees over 45 years old with at least five years of continuous service, the notice period is five weeks (24.7).

**Employee leaving during notice period:**

* An employee given notice of redundancy may terminate their employment during the notice period and is entitled to the same benefits and payments as if they stayed until the end of the notice period, but not payment instead of notice (24.8).

**Job search entitlement:**

* Employees given notice of redundancy must be allowed up to one day off without loss of pay each week of the notice period to seek other employment (24.9(a)).
* If more than one day is taken off during the notice period for job seeking, the employee must, if requested by Airservices, provide proof of attending an interview, such as a statutory declaration, to receive payment for the time off (24.9(b)).
* This entitlement replaces the job search entitlement in clause 23.3 (24.9(c)).

**24.1** [Redundancy pay is provided for in the NES. The following provisions supplement the](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
[NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**24.2** **Excess employee**

An employee is an excess employee if:

**(a)** the employee is included in a class of employees employed by Airservices,
which class comprises a greater number of employees than is necessary for the
efficient and economical working of Airservices;

**(b)** the services of the employee cannot be effectively used because of technological
or other changes in the work methods of Airservices or changes in the nature,
extent or organisation of the functions of Airservices; or

**(c)** the duties usually performed by the employee are to be performed at a different
locality, the employee is not willing to perform duties at the locality and
Airservices determines that the provisions of this clause apply to that employee.


-----

**24.3** **Entitlement**

**(a)** An excess eligible employee whose employment is terminated will be entitled to
[be paid redundancy pay (which includes any NES entitlement) of a sum equal to](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
two weeks’ salary for each completed year of continuous service with
Airservices, plus a pro rata payment for completed months of service since the
[last completed year of service, unless the NES provides a greater benefit.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**(b)** For the purposes of this clause 24.3, salary includes any allowances specified in
this Award as being included in the employees’ ordinary rate, but does not
include:

**(i)** shift and weekend penalty rates and public holiday penalties; or

**(ii)** the composite allowance specified in clause 11.13.

**(c)** Where an employee has been acting at a higher classification level for a
continuous period of at least twelve months immediately preceding the date on
which he or she receives notice of retirement, the salary level will be the
employee’s salary at the higher level as at the date of termination.

_Note: As at the date of commencement of the award, the NES provides for an_
_entitlement to 6 weeks’ redundancy pay to an employee who has completed at least_
_two years, but less than three years continuous service with an employer._

**24.4** **Minimum and maximum payments**

The minimum sum payable as redundancy pay on termination will be four weeks’
salary and the maximum sum payable will be 48 weeks’ salary.

**24.5** **Pro rata entitlement**

Redundancy pay will be calculated on a pro rata basis where the employee has worked
part-time hours during the period of service and the employee has less than 24 years
full-time service, subject to any minimum entitlement the employee has under the
[NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**24.6** **Transfer to lower paid duties**

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

**24.7** **Period of notice – termination of employment**

Where the employment of an excess employee is terminated, the period of notice will
be four weeks. In the case of an employee over 45 years of age with at least five years
of continuous service, the period of notice will be five weeks.

**24.8** **Employee leaving during notice period**

An employee given notice of termination in circumstances of redundancy may
terminate their employment during the period of notice. The employee is entitled to


-----

receive the benefits and payments they would have received under this clause had they
remained in employment until the expiry of the notice, but is not entitled to payment
instead of notice.

**24.9** **Job search entitlement**

**(a)** An employee given notice of termination in circumstances of redundancy must
be allowed up to one day’s time off without loss of pay during each week of
notice for the purpose of seeking other employment.

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

**(c)** This entitlement applies instead of clause 23.3.

Redundancy

**Application:**

* The provisions of clause 25 apply only to employees who were employed by Airservices in specific classifications as of 1 July 1998, and who have not elected to convert their Early Retirement Benefit entitlement into an alternative form of benefit (25.1).

**Relevant classifications:**

* Air Traffic Controller (25.2(a))
* Air Traffic Control Manager (25.2(b))
* Air Traffic Control Superintendent (25.2(c))
* Flight Service Officer (25.2(d))
* Flight Service Manager (25.2(e))
* Flight Service Specialist Support (25.2(f))
* Flight Service Supervisor (25.2(g))
* Flight Service Superintendent (25.2(h))
* Airways Operations Superintendent (25.2(i))
* Assistant Director (Operations) (25.2(j))
* Air Traffic Services Manager (25.2(k))
* Air Traffic Services Operations Officer (25.2(l))

**Definitions:**

* Age in years of the employee on retirement is calculated in accordance with section 6 of the Superannuation Act 1976 (25.3(a)).
* Final annual rate of salary has the same meaning as in the Superannuation Act 1976 (25.3(b)).
* Relevant licensing authority refers to the person empowered to license an Air Traffic Controller or Flight Service Officer under Civil Aviation Regulations (25.3(c)).
* Relevant period of flight service or air traffic control service means the employment period as an Air Traffic Controller, Flight Service Officer, or Air Traffic Control Manager. It excludes periods before the employee was licensed, service before their last employment re-entry, and certain unpaid leave periods (25.3(d)).

**Eligible employees:**

* An employee is eligible for an Early Retirement Benefit if, at retirement, they are in one of the specified classifications or an equivalent operational classification, are between 50 and 60 years old, and have more than 10 years of relevant flight service or air traffic control service (25.4).

**Amount of Early Retirement Benefit:**

* The benefit amount is the product of A (final annual rate of salary), B (a factor based on the age of the employee at retirement), and C (number of years of service in the relevant period) (25.5).

**Factors applicable to early retirement benefit payment:**

* Age 50 – 55 years: Factor 0.037
* Age 56 years: Factor 0.033
* Age 57 years: Factor 0.029
* Age 58 years: Factor 0.025
* Age 59 years: Factor 0.021
* Age 60 years: Factor 0.017 (25.6)

* An employee is entitled to retire upon becoming eligible under clause 25 (25.7).

**Ineligibility for payment:**

* An eligible employee will not be entitled to the early retirement benefit if the CEO determines that the employee's retirement is not in the operational interests of Airservices Australia (25.8).

**25.1** **Application**

The provisions of this clause 25 only apply to employees:

**(a)** who were employed by Airservices in one of the classifications identified in subclause 25.2 below, as at 1 July 1998; and

**(b)** who have not previously made an election to convert their Early Retirement
Benefit entitlement into an alternative form of benefit (such as a periodic
payment).

**25.2** **Relevant classifications**

**(a)** Air Traffic Controller

**(b)** Air Traffic Control Manager

**(c)** Air Traffic Control Superintendent

**(d)** Flight Service Officer

**(e)** Flight Service Manager

**(f)** Flight Service Specialist Support

**(g)** Flight Service Supervisor

**(h)** Flight Service Superintendent

**(i)** Airways Operations Superintendent

**(j)** Assistant Director (Operations)

**(k)** Air Traffic Services Manager


-----

**(l)** Air Traffic Services Operations Officer

**25.3** For the purposes of this clause 25, the following terms are defined:

**(a)** **Age in years of the employee on retirement will be calculated in accordance**
with the provisions of section 6 of the Superannuation Act 1976.

**(b)** **Final annual rate of salary has the same meaning as in the Superannuation Act**
_1976._

**(c)** **Relevant licensing authority** means the person who, in accordance with the
Civil Aviation Regulations as in force from time to time, is empowered to licence
a person to be an Air Traffic Controller or a Flight Service Officer.

**(d)** **Relevant period of flight service or air traffic control service** means the
period, or the sum of the periods, during which the employee was employed as
an Air Traffic Controller or Flight Service Officer or Air Traffic Control
Manager, but does not include:

**(i)** any period of service occurring before the employee was granted an Air
Traffic Controller or Flight Service Officer licence by the relevant
licensing authority or graduated from an Air Traffic Controller or Flight
Service Officer course conducted by, or on behalf of, the relevant licensing
authority,

**(ii)** any period of service before the employee last became an employee, or

**(iii)** periods of leave without pay which have been determined not to count as

service.

**25.4** **Eligible employees**

Subject to clause 25.8, an employee to whom this clause applies will be eligible to be
paid an Early Retirement Benefit calculated in accordance with clause 25.5 below
upon retirement from employment with Airservices where, at the time of retirement,
the employee:

**(a)** is employed in a classification in sub-clause 25.2 or an equivalent operational
classification; and

**(b)** is between 50 and 60 years of age; and

**(c)** has a relevant period of flight service or air traffic control service of more than
10 years.

**25.5** The amount of the Early Retirement Benefit is equal to the product of A, B and C
where:

**A is the final annual rate of salary of the eligible employee,**

**B is the factor specified in sub-clause 25.6 opposite the age in years of the employee**
on retirement, and

**C is the number of years of service the eligible employee has completed in the relevant**
period of flight service or air traffic control service.

**25.6** **Factors applicable to early retirement benefit payment**


-----

**Age in years of the**
**employee on retirement**


**Factor**


50 – 55 years 0.037

56 years 0.033

57 years 0.029

58 years 0.025

59 years 0.021

60 years 0.017

**25.7** An employee is entitled to retire from Airservices on becoming an eligible employee
in accordance with this clause 25.

**25.8** An eligible employee will not be entitled to payment in accordance with clause 25.5 if
the Chief Executive Officer is satisfied, having regard only to the operational
requirements of Airservices Australia relating to air traffic control or flight service,
that the retirement of the employee is not in the interests of Airservices.

## Part 7—Workplace Delegates, Consultation and Dispute Resolution

[[Part 7—Consultation and Dispute Resolution renamed by PR774871 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774871.pdf)

Preserved entitlement to Early Retirement Benefit for particular employees

Leave, Public Holidays and other entitlements

**Exercise of Rights of Workplace Delegates:**

Clause 25A provides for the rights of workplace delegates as set out in section 350C of the Act (25A.1). Employers are taken to have granted these rights if they comply with clause 25A (Note under section 350C(4) of the Act).

**Definitions:**

* **Employer:** The employer of the workplace delegate (25A.2(a)).
* **Delegate’s organisation:** The employee organisation under which the workplace delegate was appointed or elected (25A.2(b)).
* **Eligible employees:** Members or those eligible to be members of the delegate’s organisation employed by the employer (25A.2(c)).

**Notice of Appointment:**

* Workplace delegates must give written notice to the employer of their appointment or election (25A.3).
* The delegate may need to provide evidence of their appointment or election if requested (25A.3).

**Notice of Cessation:**

* An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days (25A.4).

**Right of Representation:**

A workplace delegate may represent eligible employees in: 

* Consultation about major workplace change (25A.5(a)).
* Consultation about changes to rosters or hours of work (25A.5(b)).
* Resolution of disputes (25A.5(c)).
* Disciplinary processes (25A.5(d)).
* Enterprise bargaining, either as appointed bargaining representative or assisting their organisation (25A.5(e)).
* Any process or procedure within an award, enterprise agreement, or policy where employees are entitled to representation (25A.5(f)).

**Entitlement to Communication:** 

* Workplace delegates can communicate with eligible employees regarding their industrial interests (25A.6(a)).
* Communication can take place during working hours, breaks, or before and after work (25A.6(b)).

**Entitlement to Workplace Access and Facilities:** 

* Employers must provide access to facilities including:
  * A private discussion area (25A.7(a)(i)).
  * A noticeboard (physical or electronic) (25A.7(a)(ii)).
  * Electronic communication means, including Wi-Fi (25A.7(a)(iii)).
  * Secure document storage (25A.7(a)(iv)).
  * Office equipment such as printers and photocopiers (25A.7(a)(v)).
* Exceptions include when the facility is not available, impractical due to operational requirements, or beyond the employer’s access (25A.7(b)).

**Entitlement to Training:**

* Employers, except small business employers, must provide up to 5 days of paid training time, plus one day per subsequent year, for relevant training (25A.8).
* Conditions include only allowing one delegate per 50 eligible employees per year, and providing notice and evidence requirements (25A.8(a)-(g)).

**Exercise of Entitlements:**

* Delegates must comply with their duties as employees, employer policies, and not obstruct normal work (25A.9(a)).
* Clause 25A does not require the provision of specific employee contact details or representation without employee agreement (25A.9(b)-(c)).

**Interaction with Other Clauses:**

* If other award clauses provide more favourable entitlements to workplace delegates, those clauses take precedence over clause 25A (25A.10).

[[25A inserted by PR774871 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774871.pdf)

**25A.1** Clause 25A 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 25A.

**25A.2** In clause 25A:

**(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.

**25A.3** Before exercising entitlements under clause 25A, 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.


-----

**25A.4** An employee who ceases to be a workplace delegate must give written notice to the
employer within 14 days.

**25A.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.

**25A.6** **Entitlement to reasonable communication**

**(a)** A workplace delegate may communicate with eligible employees for the purpose
of representing their industrial interests under clause 25A.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.

**25A.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 25A.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.

**25A.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.

**25A.9** **Exercise of entitlements under clause 25A**

**(a)** A workplace delegate’s entitlements under clause 25A 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 25A 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 25A 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 25A.](http://www.legislation.gov.au/Series/C2009A00028)

**25A.10 Interaction with other clauses of this award**

Other clauses of this award may give additional or more favourable entitlements to
workplace delegates (however described). If an entitlement of a workplace delegate
under another clause of this award is more favourable to the delegate than an
entitlement under clause 25A, the entitlement under the other clause applies instead of
the entitlement under clause 25A.

Workplace delegates’ rights

### Consultation regarding major workplace change

**Employer to notify:**
* If Airservices decides to introduce major changes in production, program, organisation, structure, or technology likely to significantly affect employees, they must notify the affected employees and their representatives, if any (26.1(a)(i)).
* Significant effects include termination of employment; major changes in workforce composition, operation, or size; changes in required skills; reduction of job opportunities, promotion opportunities, or job tenure; alteration of hours of work; need for retraining; transfer of employees; and job restructuring. However, if the award provides for any of these changes, it is not deemed to have a significant effect (26.1(a)(ii)).

**Employer to discuss change:**
* Airservices must discuss the changes with affected employees and their representatives, if any, including the likely effects and measures to mitigate adverse effects. Consideration must be given to matters raised by employees and/or their representatives (26.1(b)(i)).
* Discussions must start as early as practicable after a definite decision has been made (26.1(b)(ii)).
* Written information must be provided to employees and their representatives about the changes, including the nature and expected effects, while ensuring that confidential information is not disclosed if it would be contrary to Airservices’ interests (26.1(b)(iii)).

### Consultation about changes to rosters or hours of work

* When Airservices proposes to change an employee’s regular roster or ordinary hours of work, they must consult with the affected employee(s) and their representatives, if any (26.2(a)).

* Airservices must:
  * Provide all relevant information about the proposed change, ensuring that confidential information contrary to the employer’s interests is not disclosed (26.2(b)(i)).
  * Invite the affected employee(s) to provide their views on the impact of the proposed change, including any effects on family or caring responsibilities (26.2(b)(ii)).
  * Start the consultation as early as practicable (26.2(b)(iii)).
  * Give prompt consideration to any views provided by the employee(s) and/or their representatives (26.2(b)(iv)).

**26.1** **Consultation regarding major workplace change**

**(a)** **Employer to notify**

**(i)** Where Airservices has made a definite decision to introduce major
changes in production, program, organisation, structure or technology that
are likely to have significant effects on employees, Airservices must notify
the employees who may be affected by the proposed changes and their
representatives, if any.

**(ii)** **Significant effects include termination of employment; major changes in**
the composition, operation or size of Airservices’ workforce or in the skills
required; the elimination or diminution of job opportunities, promotion
opportunities or job tenure; the alteration of hours of work; the need for
retraining or transfer of employees to other work or locations; and the
restructuring of jobs. Provided that where this award makes provision for
alteration of any of these matters an alteration is deemed not to have
significant effect.


-----

**(b)** **Employer to discuss change**

**(i)** Airservices must discuss with the employees affected and their
representatives, if any, the introduction of the changes referred to in
clause 26.1(a), the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on
employees and must give prompt consideration to matters raised by the
employees and/or their representatives in relation to the changes.

**(ii)** The discussions must commence as early as practicable after a definite
decision has been made by Airservices to make the changes referred to in
clause 26.1(a).

**(iii)** For the purposes of such discussion, Airservices must provide in writing

to the employees concerned and their representatives, if any, all relevant
information about the changes including the nature of the changes
proposed, the expected effects of the changes on employees and any other
matters likely to affect employees provided that no employer is required
to disclose confidential information the disclosure of which would be
contrary to Airservices’ interests.

**26.2** **Consultation about changes to rosters or hours of work**

**(a)** Where Airservices proposes to change an employee’s regular roster or ordinary
hours of work, Airservices must consult with the employee or employees
affected and their representatives, if any, about the proposed change.

**(b)** Airservices must:

**(i)** provide to the employee or employees affected and their representatives,
if any, all relevant information about the proposed change, provided that
no employer is required to disclose confidential information the disclosure
of which would be contrary to the employer’s interests;

**(ii)** invite the employee or employees affected to give their views about the
impact of the proposed change (including any impact in relation to their
family or caring responsibilities);

**(iii)** commence the consultation as early as practicable; and

**(iv)** give prompt consideration to any views about the impact of the proposed

change that are given by the employee or employees concerned and/or
their representatives.

Consultation

**Dispute resolution procedure:**

* In the event of a dispute under this award or relating to the NES, parties must first attempt to resolve it at the workplace through discussions between the employee(s) and relevant supervisor. If unresolved, the dispute should be escalated to senior management for timely resolution (27.1).

* If the dispute remains unresolved at the workplace and all steps under clause 27.1 are taken, either party may refer the dispute to the Fair Work Commission (27.2).

* The parties may agree on the process the Fair Work Commission will use for resolution, including mediation, conciliation, and consent arbitration (27.3).

* If the matter is still unresolved, the Fair Work Commission may use any method of dispute resolution permitted by the Act to settle the dispute (27.4).

* Airservices or the employee may appoint another person, organisation, or association to represent them during the dispute resolution process (27.5).

* While the dispute resolution procedure is in progress, work must continue in accordance with this award and the Act. Subject to occupational health and safety legislation, employees must not unreasonably refuse to comply with a direction to perform safe and appropriate work (27.6).

* An employee appointed to accompany or represent another employee under clause 27.5 will be granted leave of absence to attend Fair Work Commission proceedings without any loss of pay (27.7).

* Employee representatives will be granted leave of absence to attend recognised training courses focused on effective dispute resolution, subject to operational requirements. The specific course must be agreed upon by the employer and employee representative. No loss of pay will occur for representatives granted leave under clause 27.8 (27.8).

**27.1** In the event of a dispute about a matter under this award, or a dispute in relation to the
[NES, in the first instance the parties must attempt to resolve the matter at the workplace](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
by discussions between the employee or employees concerned and the relevant
supervisor. If such discussions do not resolve the dispute, the parties will endeavour
to resolve the dispute in a timely manner by discussions between the employee or
employees concerned and more senior levels of management as appropriate.


-----

**27.2** If a dispute about a matter arising under this award is unable to be resolved at the
workplace, and all appropriate steps under clause 27.1 have been taken, a party to the
dispute may refer the dispute to the Fair Work Commission.

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

**27.4** Where the matter in dispute remains unresolved, the Fair Work Commission may
exercise any method of dispute resolution permitted by the Act that it considers
appropriate to ensure the settlement of the dispute.

**27.5** Airservices or employee may appoint another person, organisation or association to
accompany and/or represent them for the purposes of this clause.

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

**27.7** Where the provisions of clause 27.1 have been complied with, and to assist in the
resolution of the matter, an employee who is appointed to accompany or represent
another employee pursuant to clause 27.5 will be granted leave of absence to attend
Fair Work Commission proceedings arising from a referral of a dispute in accordance
with clause 27.2 and will not suffer any loss of pay in respect of the absence.

**27.8** To assist in the resolution of disputes, an employee representative, referred to in clause
27.5, will be granted leave of absence to attend short courses conducted by a
recognised training provider which are specifically directed towards effective dispute
resolution. The grant of leave to attend a course will be subject to operational
requirements.

**(a)** The specific training course will be agreed between the employer and the
individual employee.

**(b)** An employee representative granted leave of absence under clause 27.8 will not
suffer any loss of pay.


-----

Dispute resolution

Workplace Delegates, Consultation and Dispute Resolution

**Air Traffic Controller:**

*Air Traffic Controllers manage and monitor air traffic in controlled airspace within the Australian flight information region and support operational services (A.1.1).* 

**Air Traffic Controller—Academy Trainee**: An employee studying for a Diploma of Aviation (Air Traffic Control) (A.1.2).

**Air Traffic Controller—Field Trainee**: An employee who has earned a Diploma of Aviation (Air Traffic Control) and is undergoing on-the-job training for an air traffic controller licence (A.1.3).

**Air Traffic Controller**: An employee who has an air traffic control licence and performs related functions (A.1.4).

**Unit Tower Supervisor**: An employee who supervises air traffic services at a control tower (A.1.5).

**Check & Standardisation Supervisor—Air Traffic Control**: An employee ensuring consistent proficiency among Air Traffic Controllers according to operational objectives and regulations (A.1.6).

**Systems Supervisor**: An employee in charge of air traffic services within a flight information region, responsible for tactical system and equipment management (A.1.7).

**Airways Data Team:** 

*These employees manage the integrity and setup of operational data systems for optimal National Airways System performance and safety (A.2.1).* 

**Airways Data Team—Trainee**: An employee in training to become an Airways Data Team—Officer (A.2.2).

**Airways Data Team—Officer**: An employee who performs Airways Data Team functions (A.2.3).

**Airways Data Team—Supervisor**: An experienced Airways Data Team—Officer who supervises a shift of Airways Data Team employees (A.2.4).

**Simulator Support Specialist:** 

*These specialists handle simulator pilot and ATC coordination duties and set up simulator exercises (A.3.1).* 

**Simulator Support Specialist—Trainee**: An employee in training to become a Simulator Support Specialist (A.3.2).

**Simulator Support Specialist—Level 1**: An employee who has completed training and performs Simulator Support Specialist functions (A.3.3).

**Simulator Support Specialist—Level 2**: A Level 1 employee for at least 5 years, holding a ROW endorsement or two endorsements (Enroute/TMA/Tower) (A.3.4).

**Simulator Support Specialist—Classroom Trainer**: A Level 2 employee responsible for training material development and delivery for a Diploma of Aviation (Air Traffic Control) (A.3.5).

**Simulator Support Specialist—Supervisor**: An experienced Simulator Support Specialist or Air Traffic Controller overseeing Simulator Support Specialists (A.3.6).

**Flight Data Coordinator:** 

*These employees process operational air traffic information to maintain accuracy within the national airways system (A.4.1).* 

**Flight Data Coordinator—Trainee**: An employee in training to become a Flight Data Coordinator (A.4.2).

**Flight Data Coordinator**: An employee who has completed training and performs Flight Data Coordinator functions (A.4.3).

**Flight Data Coordinator—Supervisor**: An experienced Flight Data Coordinator overseeing a small team of Flight Data Coordinators (A.4.4).

**Upper Air Space High Frequency:** 

*These employees coordinate communications between pilots and air traffic controllers using high frequency radio or satellite communication (A.5.1).* 

**Aviation Communications Specialist—Trainee**: An employee in training to obtain regulatory endorsements (A.5.2).

**Aviation Communications Specialist—Journeyman**: An employee who has completed training and works under close supervision to fully develop into the role (A.5.3).

**Aviation Communications Specialist**: An employee with regulatory endorsements performing Upper Air Space High Frequency functions (A.5.4).

**Check & Standardisation Supervisor—Upper Air Space High Frequency**: Ensures proficiency among Upper Air Space High Frequency employees (A.5.5).

**High Frequency Shift Manager**: Supervises a shift of Upper Air Space High Frequency employees (A.5.6).

**National Operations Centre:** 

*Provides real-time updates on air traffic system and facilities, and is the main platform for Air Traffic Flow Management, Aeronautical Information Services, and operational reporting (A.6.1).* 

**Traffic Management Officer—Trainee**: Trainee for Traffic Management Officer in the National Operations Centre (A.6.2).

**Traffic Management Officer—Journeyman**: Provides support in developing into a Traffic Management Officer role (A.6.3).

**Traffic Management Officer**: Manages data maintenance and operational tasks, including support for National Operations Centre Supervisors (A.6.4).

**Check & Standardisation Supervisor—National Operations Centre**: Ensures consistent employee proficiency in the National Operations Centre (A.6.5).

**National Operations Supervisor**: Manages up to twenty staff in a shift team (A.6.6).

**Aviation Rescue Fire Fighter:** 

*Employees undertake rescue and firefighting duties at airport fire stations (A.7.1).* 

**Aviation Rescue Fire Fighter—Recruit**: An employee in training for a Certificate II in Public Safety (Fire Fighting and Emergency Operations) (A.7.2).

**Trainee Fire Fighter—Level 1**: Assigned to a fire station after completing a Certificate II and performs day shift duties (A.7.3).

**Trainee Fire Fighter—Level 2**: Has completed location-specific competencies and served 12 months as Level 1 (A.7.4).

**Leading Fire Fighter**: Completed Certificate III and serves 12 months as Level 2 (A.7.5).

**Sub-Station Officer**: Completed Certificate IV and serves 3 years as a Leading Fire Fighter (A.7.6).

**Station Officer**: Completed a Diploma and appointed as a Station Officer (A.7.7).

**Fire Commander**: Completed an Advanced Diploma and appointed as a Fire Commander (A.7.8).

**Administrative Services:** 

*These employees perform various administrative, financial, HR, compliance, communication, and legal functions (A.8.1).* 

**Administrative Services—Level 1** 

* Employees at this level perform routine office tasks under close direction. Duties include client interaction, keyboard tasks, filing, and basic record maintenance (A.8.2(a)).
* Keyboard tasks involve complex table and diagram data entry requiring considerable layout judgement (A.8.2(b)).

**Administrative Services—Level 2** 

* Employees work under general direction, exercising initiative within established practices. Duties involve a mix of operational, supervisory, and administrative activities (A.8.3(a),(b)).
* May involve supervisory responsibilities and basic personnel management skills (A.8.3(c)).

**Administrative Services—Level 3** 

* Employees require relevant experience and broad knowledge of Airservices Australia's functions, working under general direction (A.8.4(a)).
* Employees face complex yet familiar problems, finding solutions in documented precedents and using judgement (A.8.4(b)).

**Administrative Services—Level 4** 

* Employees work under general direction, needing sound knowledge of programs, activities, and policies relevant to their work (A.8.5(a),(b)).
* This level may require technical or professional qualifications (A.8.5(c)).

**Administrative Services—Level 5** 

* Employees work under general direction, preparing papers, and drafting complex correspondence, among other tasks (A.8.6(a),(b)).

**Administrative Services—Level 6** 

* Employees manage organisational elements under limited direction, performing functions to achieve Airservices' goals, potentially involving program management or activity oversight (A.8.7(a)).
* Tasks include investigating and presenting information, drafting responses, liaison activities, and co-ordination within and across functions (A.8.7(b)).**Administrative Services—Level 4:**

* Employees at this level usually work under general direction within clear guidelines and established work practices and priorities. Their role requires the application of knowledge, skills, and techniques appropriate to the work area (A.8.5(a)).
* The work requires a sound knowledge of the program, activity, policy, or service aspects within a functional element or various work areas. Employees perform tasks associated with service delivery to clients or administrative support to managers (A.8.5(b)).
* At this level, technical or professional qualifications may be required or desirable (A.8.5(c)).

**Administrative Services—Level 5:**

* Employees work under general direction to achieve results aligned with the corporate goals of Airservices, handling established priorities, task methodologies, and work practices (A.8.6(a)).
* Duties may include preparing preliminary papers, drafting complex correspondence, undertaking specialised tasks, preparing procedural guidelines, providing information to clients, and overseeing subordinate staff (A.8.6(b)).

**Administrative Services—Level 6:**

* Employees at this level may manage the operations of an organisational element under limited direction. They undertake functions under different conditions to align with the corporate goals and may involve managing a program or activity (A.8.7(a)).
* They might prepare and investigate information for senior officers, draft complex correspondence, undertake technical tasks, liaise within and across functions, represent Airservices in meetings, and coordinate other staff (A.8.7(b)).

**Administrative Services—Level 7:**

* Senior practitioners, managers, or specialists performing complex or specific tasks. They are directed in terms of overall objectives and work under limited direction on how results should be achieved (A.8.8(a)).
* They have wide experience in a relevant field, require substantial knowledge, and exercise independent judgement to resolve complex problems. They also provide advice to industry senior executives (A.8.8(b)).

**Administrative Services—Level 8:**

* Typically managers or specialists working under broad direction in terms of objectives, policy, and priorities. They decide how to achieve end results within available resources limits (A.8.9(a)).
* Managers direct and control an organisational element with various functions, requiring considerable coordination and accountability for human and financial resources. They provide leadership, set performance standards, and manage complex problems (A.8.9(b)).
* Specialists exercise independent judgement to resolve complex problems, provide authoritative policy advice, and conduct research representing authoritative conclusions (A.8.9(c)).

**Administrative Services—Level 9:**

* Employees manage a major function involving various activities and significant human/financial resource responsibilities (A.8.10(a)(i)).
* Coordinating large projects involving many professional staff and accountability for human and financial resources (A.8.10(a)(ii)).
* Initiating, planning, and conducting research projects significantly contributing to Airservices policy development (A.8.10(a)(iii)).
* Specialists require expertise, extensive professional knowledge, and constant adaptation to new and unusual problems and changes in policy, program, or technological requirements (A.8.10(a)(iv)).

**Technology Professional:**

* Technology Professionals work on engineering or technical functions and hold relevant degrees or equivalent qualifications leading to professional body membership or registration (A.9.1).

**Technology Professional—Level 1:** An entry-level graduate or equivalent knowledge employee working under general direction (A.9.2).

**Technology Professional—Level 2:** An experienced employee applying professional standards, education, and training under limited direction (A.9.3).

**Technology Professional—Level 3:** An advanced skilled employee with many years’ experience or postgraduate qualifications, requiring limited technical and procedural guidance (A.9.4).

**Technology Professional—Level 4:** An expert in a recognised discipline with extensive experience, capable of leading teams and managing significant projects (A.9.5).

**Technical Employee:**

* Technical Employees carry out engineering and technical work and may supervise such work (A.10.1).

**Technical Employee—Level 1:** An employee undergoing vocational training or an apprenticeship to gain a trade or technical qualification (A.10.2).

**Technical Employee—Level 2:** An employee with a trade or technical qualification working under general direction (A.10.3).

**Technical Employee—Level 3:** An experienced employee performing a variety of duties under limited direction (A.10.4).

**Technical Employee—Level 4:** An experienced employee working across multiple systems with limited need for guidance (A.10.5).

**Technical Employee—Level 5:** An employee solving technical problems and managing team resources and performance (A.10.6).

**Technical Employee—Level 6:** An employee with leadership responsibilities managing a team across multiple sites (A.10.7).

**Technical Employee—Level 7:** An employee with national service accountability making decisions affecting the whole airways system (A.10.8).

Classification definitions

**Interaction with allowances:**

* When an additional allowance is included in calculating an employee’s ordinary hourly rate, this allowance must be added to the ordinary rate before calculating penalties and overtime (B.1).

**Full-time and part-time employees – day workers – ordinary rates:**

* Ordinary rates for various positions are detailed in a comprehensive table. For example, an Air Traffic Controller—Academy Trainee has an ordinary rate of $28.66, whereas a Unit Tower Supervisor has an ordinary rate of $46.43. (B.2).

**Full-time and part-time – day workers – overtime rates:**

* Overtime rates for Monday to Saturday are 150% for the first 3 hours and 200% thereafter. Sunday rates are 200% and public holidays are 250%. For instance, an Air Traffic Controller—Academy Trainee has an overtime rate of $42.99 for the first 3 hours on Monday to Saturday, $57.32 after 3 hours, $57.32 on Sundays, and $71.65 on public holidays (B.3).

**Full-time and part-time employees – shiftworkers –penalty rates:**

* Penalty rates apply differently for shifts: Night shifts are at 115%, Continuous Night shifts at 130%, Saturday at 150%, Sunday at 200% and Public Holidays at 250%. For instance, an Air Traffic Controller—Academy Trainee earns $32.96 for night shifts and $71.65 for public holidays (B.4).

**Full-time and part-time employees – shiftworkers – overtime rates:**

* Overtime rates for shiftworkers are 150% for the first 3 hours on Monday to Saturday, 200% thereafter, 200% on Sundays and 250% on public holidays. An Air Traffic Controller—Academy Trainee earns $42.99 for the first 3 hours of overtime on Monday to Saturday, $57.32 after 3 hours, $57.32 on Sundays and $71.65 on public holidays (B.5).

**Casual employees – day workers – ordinary rates:**

* Casual employees earn 125% of the ordinary rate. For example, an Air Traffic Controller—Academy Trainee earns $35.83, and a Systems Supervisor earns $61.49 (B.6).

**Casual employees—day workers—overtime rates:**

* Overtime rates for casual day workers are 150% for the first 3 hours on Monday to Saturday, 200% thereafter, 200% on Sundays, and 250% on public holidays. For instance, an Air Traffic Controller—Academy Trainee earns $42.99 for the first 3 hours of overtime on Monday to Saturday and $71.65 on public holidays (B.7).

**Casual employees – shiftworkers –penalty rates:**

* Penalty rates for casual shiftworkers are 140% for night shifts, 155% for continuous night shifts, 175% on Saturdays, 225% on Sundays, and 275% on public holidays. For example, an Air Traffic Controller—Academy Trainee earns $40.12 for night shifts and $78.82 for public holidays (B.8).

**Casual employees – shiftworkers – overtime rates:**

* Overtime rates for casual shiftworkers are 150% for the first 3 hours on Monday to Saturday, 200% thereafter, 200% on Sundays, and 250% on public holidays. For instance, an Air Traffic Controller—Academy Trainee earns $42.99 for the first 3 hours of overtime on Monday to Saturday and $71.65 on public holidays (B.9).

Summary of Hourly Rates of Pay

**Overview:**

* This section provides details about wage-related and expense-related allowances under the Airservices Australia Enterprise Award 2016 (C.1, C.2, C.3).

**Wage-Related Allowances:**

* Wage-related allowances are based on the standard rate, defined as the minimum weekly wage for an employee at the Administrative Services—Level 3 classification, which is $1,122.00 (C.1).
* Examples of wage-related allowances include:
    - Airport category allowance: $2,594.18 annually for Category 7 or 8; $5,272.50 annually for Category 9 or higher (12.7(a), 12.7(b)).
    - Complexity allowance: Various amounts annually depending on the role and location. For example, $5,272.50 for UTS/C&SS in Sydney and $1,792.40 for Field trainee in other specified categories (12.8(a)).
    - Surveillance Advisory Service (SAS) Allowance: 5% of salary (12.9).
    - First aid allowance: $18.11 weekly (12.15(a)).
    - Various allowances for on-the-job training instructor, optical fibre and filled cable supervision, and special rates for confined spaces, dirty work, etc. (12.16, 12.19(a-d), 12.20(b-i)).
    - Representative allowance: $2,457.74 annually for Category 1; $5,921.02 for Category 2; $7,062.99 for Category 3 (12.21(a)).
    - Restriction duty: $3.60 hourly (17.9(b)).

**Automatic Adjustment of Wage-Related Allowances:**

* Wage-related allowances automatically adjust based on the standard rate, reflecting the percentage specified when the standard rate is varied (C.2).

**Expense-Related Allowances:**

* Specific allowances based on expenses are outlined, including:
    - Motor vehicle allowance: $0.78 per kilometre for vehicles 800cc or less, $0.87 per kilometre for vehicles between 800cc and 1300cc, $0.93 per kilometre for vehicles greater than 1300cc (12.5(a-c)).
    - Overtime meal allowance: $33.55 for work more than one hour overtime or recalled for emergency duty for more than 3 hours (12.6(a)(b)).
    - Loss of income insurance: Reimbursement up to $1,347 for Air Traffic Controllers and $1,194 for Fire Service Officers (12.12(c)).
    - Spectacle allowance, temporary transfer, permanent transfer, term transfer, compulsory transfer, disturbance allowance, district allowance, remote locality leave fares, air-conditioning subsidy, and education fees reimbursement for tuition and board and lodging (12.14, 13.2-5, 13.6, 14.1, 14.2, 14.5, 14.6).

**Adjustment of Expense-Related Allowances:**

* Expense-related allowances are adjusted at the time of any standard rate adjustment. The relevant adjustment factor is the percentage movement in the applicable index figure published by the Australian Bureau of Statistics (C.4).
* Applicable index figures include sub-groups like Take away and fast foods for meal allowances, Clothing and footwear for clothing allowances, Private motoring for motor vehicle allowances, Insurance and financial services for loss of income insurance, and Education for education fees reimbursement, among others.


[[Varied by PR581296, PR581285, PR592243, PR592393, PR606617, PR606467, PR704100, PR707583,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm)
[PR707796, PR718959, PR719111, PR729406, PR729585, PR740830, PR740989; corrected by PR746041;](http://www.fwc.gov.au/documents/awardsandorders/html/pr707796.htm)
[varied by PR750892, PR762250, PR762417, PR774032, PR774200]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr750892.pdf)

See clause 12—Allowances for full details of allowances payable under this award.

### C.1 Wage Related Allowances

[[C.1 varied by PR581285; substituted by PR592243, PR606467, PR707583 ppc 01Jul19; varied by PR718959,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm)
[PR729406, PR740830; corrected by PR746041; varied by PR750892, PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR729406.htm)

The wage related allowances in this award are based on the

**[Definition of small business employer inserted by PR774871 from 01Jul24]**

**small business employer has the meaning given by section 23 of the Act.**

**standard rate as defined in Schedule G as the minimum weekly wage for an employee**
at the Administrative Services—Level 3 classification based on the annual salary set
out in clause 11.8 – $1122.00.

|Allowance|Clause|Payable|Description|% of the standard rate|$|
|---|---|---|---|---|---|
|Airport category allowance|12.7(a)|annually|Category 7 or 8|231.21|2594.18|
||12.7(b)||Category 9 or higher|469.92|5272.50|
|Complexity allowance|12.8(a)|annually|UTS/C&SS – Syd:|469.92|5272.50|
||||ATC – Syd:|357.14|4007.11|
||||Field trainee – Syd:|300.84|3375.42|
||||UTS/C&SS – (a):|328.99|3691.27|
||||ATC – (a):|216.22|2425.99|
||||Field trainee – (a):|159.75|1792.40|
||||UTS/C&SS – B:|328.99|3691.27|
||||ATC – B:|216.22|2425.99|
||||Field trainee – B:|159.75|1792.40|
|Surveillance Advisory Service (SAS) Allowance|12.9||5% of salary|n/a|-|


-----

|Allowance|Clause|Payable|Description|% of the standard rate|$|
|---|---|---|---|---|---|
|Simultaneous Operations Allowance|12.10.||% of salary - See clause 12.10|n/a|-|
|First aid|12.15(a)|weekly||1.614|18.11|
|On the Job Training Instructor|12.16|annually|6.5% of salary|n/a|-|
|Optical Fibre and Filled Cable|12.19(a)|weekly|Directly supervising the laying, terminating, maintenance or removal of optical fibre cable|2.952|33.12|
||12.19(b)||Directly supervising jointing work of optical fibre|3.375|37.87|
||12.19(c)||Directly supervising the laying, terminating, maintenance or removal of filled cable|2.105|23.62|
||12.19(d)||Directly supervising jointing work of filled cable|2.529|28.38|
|Special rates||||||
|Confined spaces|12.20(b)|hourly||0.077|0.86|
|Dirty work|12.20(c)|hourly||0.058|0.65|
|Epoxy-based materials|12.20(d)|hourly||0.077|0.86|
|Height money|12.20(e)|hourly||0.04|0.45|
|Hot places|12.20(f) (i)|hourly|46–54 degrees Celsius|0.058|0.65|
||||Above 54 degrees Celsius|0.077|0.86|


-----

|Allowance|Clause|Payable|Description|% of the standard rate|$|
|---|---|---|---|---|---|
|Wet places|12.20(g)|hourly||0.058|0.65|
|Explosive powered tools|12.20(h)|daily||0.155|1.74|
|Towers|12.20(i)|hourly||0.065|0.73|
|Representative allowance|12.21(a)|annually|Cat 1:|219.05|2457.74|
||||Cat 2:|527.72|5921.02|
||||Cat 3:|629.5|7062.99|
|Restriction duty|17.9(b)|hourly|Available to perform extra duty outside ordinary hours|0.321|3.60|


### C.2 Automatic adjustment of wage-related allowances

[[C.2 renamed and substituted by PR750892 ppc 15Mar23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr750892.pdf)

The amount of each wage-related allowance is the percentage of the

**[Definition of small business employer inserted by PR774871 from 01Jul24]**

**small business employer has the meaning given by section 23 of the Act.**

**standard rate specified for the allowance and will automatically adjust to reflect the**
specified percentage when the standard rate is varied.

### C.3 Expense Related Allowances

[C.3 varied by [PR581296,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581296.htm) [PR592393,](http://www.fwc.gov.au/documents/awardsandorders/html/PR592393.htm) [PR606617,](https://www.fwc.gov.au/documents/awardsandorders/html/PR606617.htm) [PR704100,](http://www.fwc.gov.au/documents/awardsandorders/html/pr704100.htm) [PR707796,](http://www.fwc.gov.au/documents/awardsandorders/html/pr707796.htm) [PR719111,](https://www.fwc.gov.au/documents/awardsandorders/html/PR719111.htm) [PR729585,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729585.htm) [PR740989,](https://www.fwc.gov.au/documents/awardsandorders/html/pr740989.htm)
[PR762417, PR774200 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762417.pdf)

|Allowance|Clause|Payable|$|
|---|---|---|---|
|Clothing and equipment|12.3|See clause 12.3||
|Travelling allowance, expenses and reimbursement|12.4|See clause 12.4||
|Motor vehicle—800cc or less|12.5(a)|Per km|0.78|
|Motor vehicle—between 800cc and 1300cc|12.5(b)|Per km|0.87|
|Motor vehicle—greater than 1300cc|12.5(c)|Per km|0.93|
|Overtime meal—work more than one hour overtime|12.6(a)||33.55|


-----

|Allowance|Clause|Payable|$|
|---|---|---|---|
|Overtime meal—recalled to work emergency duty for more than 3 hours|12.6(b)||33.55|
|Loss of income insurance—ATC|12.12(c)|Reimbursement to a maximum of:|1347|
|Loss of income insurance—FSO|12.12(c)|Reimbursement to a maximum of:|1194|
|Spectacle|12.14|Reimbursement and payment||
|Temporary transfer|13.2|See clause 13.2||
|Permanent transfer|13.3|See clause 13.3||
|Term transfer|13.4|See clause 13.4||
|Compulsory transfer|13.5|See clause 13.5||
|Disturbance allowance—employee accompanied by dependants|13.6||1480|
|Disturbance allowance—plus for each dependant child|13.6||283.88|
|Disturbance allowance—employee without dependants|13.6||706.17|
|District allowance|14.1|See clause 14.1||
|Remote locality leave fares|14.2|See clause 14.2||
|Air-conditioning subsidy|14.5|See clause 14.5||
|Education fees reimbursement—for tuition|14.6(b)(i)||19,464|
|Education fees reimbursement—for board and lodging|14.6(b)(ii)||16,215|


### C.4 Adjustment of expense related allowances

At the time of any adjustment to the

**(c)** **[Definition of small business employer inserted by PR774871 from 01Jul24]**

**small business employer has the meaning given by section 23 of the Act.**

**standard rate, each expense related allowance in clause 12 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.


-----

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 Consumer Price Index figure**

Meal allowance Take away and fast foods sub-group


Clothing and equipment
allowance


Clothing and footwear group


Motor vehicle allowance Private motoring sub-group

Loss of Income Insurance Insurance and financial services group

Spectacle allowance Clothing and footwear group

Temporary transfer All groups

Permanent transfer All groups

Term transfer All groups

Compulsory transfer All groups

Disturbance allowance All groups

District allowance All groups

Remote locality leave fares All groups

Education fees reimbursement Education group


-----

Summary of Monetary Allowances

**Supported wages for employees with disabilities:**

This schedule outlines the terms and conditions for employees eligible for a supported wage due to the effects of a disability. 

**Definitions:**

* *Approved assessor:* An accredited individual assessing an employee’s productive capacity under the supported wage system (D.2).
* *Assessment instrument:* Tool that records the assessment of the productive capacity (D.2).
* *Disability support pension:* Income security scheme for persons with a disability under the Social Security Act 1991 (Cth) (D.2).
* *Relevant minimum wage:* Minimum wage prescribed in the award for the class of work an employee is engaged in (D.2).
* *Supported wage system (SWS):* Commonwealth system promoting employment for people who cannot work at full award wages due to a disability (D.2). The Handbook is available at www.jobaccess.gov.au.
* *SWS wage assessment agreement:* Document recording an employee’s productive capacity and agreed wage rate (D.2).

**Eligibility criteria:**

* Employees unable to perform required duties due to the effects of a disability and meeting the criteria for a disability support pension (D.3.1).
* The schedule does not apply to employees with claims under workers compensation legislation or those related to the rehabilitation of employees injured during employment (D.3.2).

**Supported wage rates:**

* Employees are paid a percentage of the relevant minimum wage, based on assessed capacity:
  * 10% capacity: 10% of minimum wage
  * 20% capacity: 20% of minimum wage
  * 30% capacity: 30% of minimum wage
  * 40% capacity: 40% of minimum wage
  * 50% capacity: 50% of minimum wage
  * 60% capacity: 60% of minimum wage
  * 70% capacity: 70% of minimum wage
  * 80% capacity: 80% of minimum wage
  * 90% capacity: 90% of minimum wage (D.4.1)
* Minimum amount payable is $106 per week (D.4.2).
* Employees assessed at 10% capacity require high degrees of assistance and support (D.4.3).

**Assessment of capacity:**

* Employee’s productive capacity will be assessed by an approved assessor in consultation with Airservices, the employee, and if requested, a union (D.5.1).
* All assessments must be documented in an SWS wage assessment agreement and retained by Airservices as a time and wages record (D.5.2).

**Lodgement of SWS wage assessment agreement:**

* All SWS wage assessment agreements must be lodged with the Fair Work Commission (D.6.1).
* Agreements must be agreed and signed by the employee and employer. If a union is not a party to the assessment, the agreement will be referred to the union by the Fair Work Commission and take effect unless an objection is notified within 10 working days (D.6.2).

**Review of assessment:**

* The percentage assessment is subject to annual or more frequent reviews, based on reasonable requests, following the procedures for assessing capacity under the supported wage system (D.7).

**Other terms and conditions of employment:**

* The applicable percentage of the relevant minimum wage applies only to the wage. Employees are entitled to the same terms and conditions of employment as other workers on a pro-rata basis (D.8).

**Workplace adjustment:**

* Airservices must take reasonable steps to make workplace adjustments to enhance the employee’s capacity to do the job, which may include re-designing job duties, working time arrangements, and work organisation in consultation with other workers (D.9).

**Trial period:**

* Employees may be employed for a trial period of up to 12 weeks, with an extension of up to 4 weeks if necessary for work adjustment (D.10.1).
* During the trial period, the capacity assessment and the percentage of the relevant minimum wage for ongoing employment will be determined (D.10.2).
* Minimum payment during the trial period must be at least $106 per week (D.10.3).
* Work trials should include induction or training appropriate to the job (D.10.4).
* If both Airservices and the employee wish to continue the employment after the trial period, a new contract of employment will be based on the assessment outcome (D.10.5).

[Varied by [PR581528,](http://www.fwc.gov.au/documents/awardsandorders/html/PR581528.htm) [PR592689,](http://www.fwc.gov.au/documents/awardsandorders/html/PR592689.htm) [PR606630,](https://www.fwc.gov.au/documents/awardsandorders/html/pr606630.htm) [PR709080,](https://www.fwc.gov.au/documents/awardsandorders/html/pr709080.htm) [PR719661,](https://www.fwc.gov.au/documents/awardsandorders/html/pr719661.htm) [PR729672,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729672.htm) [PR742256,](https://www.fwc.gov.au/documents/awardsandorders/html/PR742256.htm) [PR762969,](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762969.pdf)
[PR774051]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774051.pdf)

**D.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.

**D.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 (Cth), 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 (SWS) 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

### D.3 Eligibility criteria

**D.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.

**D.3.2** This schedule does not apply to any existing employee who has a claim against
Airservices 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.


-----

### D.4 Supported wage rates

**D.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 D.5)**


**Relevant minimum wage**


10 10

20 20

30 30

40 40

50 50

60 60

70 70

80 80

90 90

[D.4.2 varied by [PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969,](http://www.fwc.gov.au/documents/awardsandorders/html/PR581528.htm)
[PR774051 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774051.pdf)

**D.4.2** Provided that the minimum amount payable must be not less than $106 per week.

**D.4.3** Where an employee’s assessed capacity is 10%, they must receive a high degree of
assistance and support.

### D.5 Assessment of capacity

**D.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 Airservices and employee
and, if the employee so desires, a union which the employee is eligible to join.

**D.5.2** All assessments made under this schedule must be documented in an SWS wage
assessment agreement and retained by Airservices as a time and wages record in
accordance with the Act.

### D.6 Lodgement of SWS wage assessment agreement

**D.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 Airservices with the Fair Work Commission.

**D.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.


-----

### D.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.

### D.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.

### D.9 Workplace adjustment

Airservices 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.

### D.10 Trial period

**D.10.1** In order for an adequate assessment of the employee’s capacity to be made, Airservices

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.

**D.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.

[[D.10.3 varied by PR581528, PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969,](http://www.fwc.gov.au/documents/awardsandorders/html/PR581528.htm)
[PR774051 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774051.pdf)

**D.10.3** The minimum amount payable to the employee during the trial period must be no less

than $106 per week.

**D.10.4** Work trials should include induction or training as appropriate to the job being trialled.

**D.10.5** Where Airservices 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 D.5.


-----

Supported Wage System

**School-based apprenticeships:**

**Definition and Scope:**

* This schedule applies to school-based apprentices who are undertaking an apprenticeship while also attending secondary education (E.1).
* Apprenticeships can be in trades covered by this award under a training agreement or contract recognised by the relevant State or Territory authority (E.2).

**Wage Calculations:**

* The relevant minimum wages for full-time junior and adult apprentices (calculated hourly) apply to school-based apprentices for all hours worked, including off-the-job training time (E.3).
* For full-time school students, 25% of the actual hours worked each week on-the-job are considered as off-the-job training and must be paid accordingly. These wages can be averaged over a semester or year (E.4).

**Training Time:**

* School-based apprentices must be allowed the same amount of off-the-job training as equivalent full-time apprentices over the course of the apprenticeship (E.5).
* Off-the-job training is structured training provided by a Registered Training Organisation (RTO) separate from normal work duties or supervised practice on the job (E.6).

**Duration and Progression:**

* The duration of the apprenticeship is specified in the training agreement/contract but must not exceed six years (E.7).
* Apprentices progress through the wage scale at a rate of 12 months progression for every two years of employment as an apprentice (E.8).

**Apprenticeship Types and Rate of Progression:**

* The wage scales are based on a standard full-time apprenticeship of four years (three years if specified). Progression rates reflect the expected rate of skill acquisition from work and training (E.9).
* Time spent as a school-based apprentice counts towards progression if the apprentice transitions to full-time, in addition to the time spent as a full-time apprentice (E.10).

**Conditions of Employment:**

* School-based apprentices are entitled to all other conditions in the award on a pro-rata basis (E.11).

**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.

**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). 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, 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

**Title:**

This is the National Training Wage Schedule (F.1).

**Definitions:**

* An adult trainee is a trainee qualifying for the highest minimum wage in Wage Level A, B, or C if covered by that wage level (F.2).
* Approved training refers to training specified in the training contract (F.2).
* Australian Qualifications Framework (AQF) is a national framework for post-compulsory education and training qualifications (F.2).
* Out of school periods include any period beyond Year 10 not contributing to a completed year of schooling and periods repeating part or whole Year 10, excluding periods where a year of schooling is completed (F.2).
* Relevant State or Territory training authority: Bodies in the respective State or Territory that approve traineeships and register training contracts (F.2).
* Relevant State or Territory vocational education and training legislation: Includes specific acts from different states, such as Training and Tertiary Education Act 2003 (ACT) and Education and Training Reform Act 2006 (Victoria), among others (F.2).
* A trainee is an employee undertaking a traineeship under a training contract (F.2).
* A traineeship is an approved system of training leading to an AQF certificate level qualification, meeting the standards of a training package endorsed by relevant bodies (F.2).
* Training contract: Agreement for a traineeship registered with the relevant State or Territory training authority (F.2).
* Training package: Competency standards, assessment guidelines, and AQF certificate qualifications endorsed by the National Quality Council (F.2).
* Year 10 includes any year before Year 10 (F.2).

**Coverage:**

* Applies to employees undertaking traineeships with training packages and AQF certificate levels allocated to a wage level by clause F.7 or F.5.4 (F.3.1).
* Applies only to AQF Certificate Level IV traineeships if a relevant AQF Certificate Level III traineeship is listed in clause F.7 (F.3.2).
* Does not apply to qualifications not identified in training packages or those not deemed appropriate for a traineeship (F.3.3).
* If terms in this schedule conflict with other terms in the award, the award's terms prevail (F.3.4).
* The schedule ceases to apply at the conclusion of the traineeship (F.3.5).

**Types of Traineeship:**

* Full-time traineeship: 38 ordinary hours per week, with 20% being approved training (F.4.1).
* Part-time traineeship: Fewer than 38 ordinary hours per week, with 20% being approved training either on-the-job, partly on/off the job, or entirely off-the-job (F.4.2).

**Minimum Wages:**

* **Wage Level A:** Based on highest year of schooling completed and years out of school (F.5.1(a)).
  * E.g., a school leaver with Year 12 completed earns $522.20 full-time weekly or $17.17 part-time hourly.
* **Wage Level B:** Similar breakdown to Wage Level A, but different rates (F.5.1(b)).
  * E.g., a school leaver with Year 12 completed earns $508.90 full-time weekly or $16.75 part-time hourly.
* **Wage Level C:** Similar breakdown to Wage Level A and B, but different rates (F.5.1(c)).
  * E.g., a school leaver with Year 12 completed earns $508.90 full-time weekly or $16.75 part-time hourly.
* **AQF Certificate Level IV Traineeships:** Minimum wages include an additional 3.8% over Level III traineeship wages (F.5.1(d)).
  * For adults, specific Level IV rates are stated, such as $840.40 weekly for Wage Level A in the first year (F.5.1(d)).
* **School-based Traineeships:** Minimum hourly wages for Wage Levels A or B traineeships (F.5.1(e)).
  * E.g., Year 11 or lower earns $13.11 per hour.

**Minimum Wage Calculations:**

* Approved training fully off-the-job: Minimum wage applies to each ordinary hour worked (F.5.2(a)).
* Approved training partly on-the-job: Minimum wage minus 20% applies to each ordinary hour worked (F.5.2(b)).
* **Other Minimum Wage Provisions:**
  * Employees transitioning to traineeships from existing employment must not suffer a reduction in wage (F.5.3(a)).
  * Upgradation of qualification level warrants the next highest minimum wage as per the schedule (F.5.3(b)).
* **Default Wage Rate:** For AQF Certificate Level I–III traineeships not allocated to a wage level in clause F.7, Wage Level B applies (F.5.4).

**Employment Conditions:**

* School-based traineeships may include a 25% loading on ordinary hours instead of paid leave benefits, except on public holidays (F.6.1).
* Trainees are entitled to release from work for training and payment for appropriate wages (F.6.2).
* Non-school-based trainees' training time counts towards work time for wage calculation (F.6.3).
* Other award terms apply unless specifically varied by this schedule (F.6.4).

**Allocation of Traineeships to Wage Levels:**

* **Wage Level A:** Includes training packages and AQF certificates like Aeroskills, Business Services, and others for Levels II and III (F.7.1).
* **Wage Level B:** Includes training packages and AQF certificates, such as Animal Care, Health, Public Safety, etc., for Levels I, II, and III (F.7.2).


[Varied by [PR581285,](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm) [PR592243,](http://www.fwc.gov.au/documents/awardsandorders/html/pr592243.htm) [PR606467,](https://www.fwc.gov.au/documents/awardsandorders/html/pr606467.htm) [PR707583,](https://www.fwc.gov.au/documents/awardsandorders/html/pr707583.htm) [PR718959,](https://www.fwc.gov.au/documents/awardsandorders/html/PR718959.htm) [PR729406,](https://www.fwc.gov.au/documents/awardsandorders/html/PR729406.htm) [PR740830; corrected by](https://www.fwc.gov.au/documents/awardsandorders/html/pr740830.htm)
[PR746041; varied by PR762250, PR774032]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

### F.1 Title

This is the National Training Wage Schedule.

### F.2 Definitions

In this schedule:

**adult trainee is a trainee who would qualify for the highest minimum wage in Wage**
Level A, B or C if covered by that wage level

**approved training means the training specified in the training contract**

**Australian Qualifications Framework (AQF) is a national framework for**
qualifications in post-compulsory education and training

**out of school refers only to periods out of school beyond Year 10 as at the first of**
January in each year and is deemed to:

**(d)** include any period of schooling beyond Year 10 which was not part of or did not
contribute to a completed year of schooling;

**(e)** include any period during which a trainee repeats in whole or part a year of
schooling beyond Year 10; and

**(f)** not include any period during a calendar year in which a year of schooling is
completed

**relevant State or Territory training authority means the bodies in the relevant State**
or Territory which exercise approval powers in relation to traineeships and register
training contracts under the relevant State or Territory vocational education and
training legislation

**relevant State or Territory vocational education and training legislation means**
the following or any successor legislation:

Australian Capital Territory: Training and Tertiary Education Act 2003;

New South Wales: Apprenticeship and Traineeship Act 2001;

Northern Territory: Northern Territory Employment and Training Act 1991;

Queensland: Vocational Education, Training and Employment Act 2000;

South Australia: Training and Skills Development Act 2008;

Tasmania: Vocational Education and Training Act 1994;

Victoria: Education and Training Reform Act 2006; or

Western Australia: Vocational Education and Training Act 1996

**trainee is an employee undertaking a traineeship under a training contract**


-----

**traineeship means a system of training which has been approved by the relevant State**
or Territory training authority, which meets the requirements of a training package
developed by the relevant Industry Skills Council and endorsed by the National
Quality Council, and which leads to an AQF certificate level qualification

**training contract** means an agreement for a traineeship made between Airservices
and an employee which is registered with the relevant State or Territory training
authority

**training package** means the competency standards and associated assessment
guidelines for an AQF certificate level qualification which have been endorsed for an
industry or enterprise by the National Quality Council and placed on the National
Training Information Service with the approval of the Commonwealth, State and
Territory Ministers responsible for vocational education and training, and includes any
relevant replacement training package

**year 10 includes any year before Year 10**

### F.3 Coverage

**F.3.1** Subject to clauses F.5.2 and F.5.3 of this schedule, this schedule applies in respect of
an employee covered by this award who is undertaking a traineeship whose training
package and AQF certificate level is allocated to a wage level by clause F.7 or by
clause F.5.4 of this schedule.

**F.3.2** This schedule only applies to AQF Certificate Level IV traineeships for which a
relevant AQF Certificate Level III traineeship is listed in clause F.7.

**F.3.3** This schedule does not apply to qualifications not identified in training packages or to
qualifications in training packages which are not identified as appropriate for a
traineeship.

**F.3.4** Where the terms and conditions of this schedule conflict with other terms and
conditions of this award dealing with traineeships, the other terms and conditions of
this award prevail.

**F.3.5** At the conclusion of the traineeship, this schedule ceases to apply to the employee.

### F.4 Types of Traineeship

The following types of traineeship are available under this schedule:

**F.4.1** a full-time traineeship based on 38 ordinary hours per week, with 20% of ordinary
hours being approved training; and

**F.4.2** a part-time traineeship based on less than 38 ordinary hours per week, with 20% of
ordinary hours being approved training solely on-the-job or partly on-the-job and
partly off-the-job, or where training is fully off-the-job.


-----

### F.5 Minimum Wages

**F.5.1** **Minimum wages for traineeships**

[[F.5.1 substituted by PR581285, PR592243, PR606467, PR707583, PR718959, PR729406, PR740830; corrected](https://www.fwc.gov.au/documents/awardsandorders/html/PR581285.htm)
[by PR746041; substituted by PR762250, PR774032 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR746041.htm)

**(a)** **Wage Level A**

Subject to clause F.5.2 and F.5.3 of this schedule, the minimum wages for a
trainee undertaking a full-time or part-time AQF Certificate Level I–III
traineeship whose training package and AQF certificate levels are allocated to
Wage Level A by clause F.7 are:

|Col1|Highest year of schooling completed|Col3|Col4|Col5|Col6|Col7|
|---|---|---|---|---|---|---|
||Year 10||Year 11||Year 12||
||Full- time weekly|Part- time hourly|Full- time weekly|Part- time hourly|Full- time weekly|Part- time hourly|
||$|$|$|$|$|$|
|School leaver|398.70|13.11|439.00|14.44|522.20|17.17|
|Plus 1 year out of school|439.00|14.44|522.20|17.17|607.70|19.99|
|Plus 2 years out of school|522.20|17.17|607.70|19.99|707.20|23.26|
|Plus 3 years out of school|607.70|19.99|707.20|23.26|809.70|26.64|
|Plus 4 years out of school|707.20|23.26|809.70|26.64|||
|Plus 5 or more years out of school|809.70|26.64|||||



**(b)** **Wage Level B**

Subject to clause F.5.2 and F.5.3 of this schedule, the minimum wages for a
trainee undertaking a full-time or part-time AQF Certificate Level I–III
traineeship whose training package and AQF certificate levels are allocated to
Wage Level B by clause F.7 are:

|Col1|Highest year of schooling completed|Col3|Col4|Col5|Col6|Col7|
|---|---|---|---|---|---|---|
||Year 10||Year 11||Year 12||
||Full- time weekly|Part- time hourly|Full- time weekly|Part- time hourly|Full-time weekly|Part- time hourly|
||$|$|$|$|$|$|
|School leaver|398.70|13.11|439.00|14.44|508.90|16.75|
|Plus 1 year out of school|439.00|14.44|508.90|16.75|585.40|19.26|
|Plus 2 years out of school|508.90|16.75|585.40|19.26|686.60|22.59|
|Plus 3 years out of school|585.40|19.26|686.60|22.59|783.00|25.76|
|Plus 4 years out of school|686.60|22.59|783.00|25.76|||


-----

|Col1|Highest year of schooling completed|Col3|Col4|Col5|Col6|Col7|
|---|---|---|---|---|---|---|
||Year 10||Year 11||Year 12||
||Full- time weekly|Part- time hourly|Full- time weekly|Part- time hourly|Full-time weekly|Part- time hourly|
||$|$|$|$|$|$|
|Plus 5 or more years out of school|783.00|25.76|||||


**(c)** **Wage Level C**

Subject to clause F.5.2 and F.5.3 of this schedule, the minimum wages for a
trainee undertaking a full-time or part-time AQF Certificate Level I–III
traineeship whose training package and AQF certificate levels are allocated to
Wage Level C by clause F.7 are:

|Col1|Highest year of schooling completed|Col3|Col4|Col5|Col6|Col7|
|---|---|---|---|---|---|---|
||Year 10||Year 11||Year 12||
||Full- time weekly|Part-time hourly|Full-time weekly|Part- time hourly|Full-time weekly|Part- time hourly|
||$|$|$|$|$|$|
|School leaver|398.70|13.11|439.00|14.44|508.90|16.75|
|Plus 1 year out of school|439.00|14.44|508.90|16.75|575.50|18.92|
|Plus 2 years out of school|508.90|16.75|575.50|18.92|642.90|21.15|
|Plus 3 years out of school|575.50|18.92|642.90|21.15|716.10|23.55|
|Plus 4 years out of school|642.90|21.15|716.10|23.55|||
|Plus 5 or more years out of school|716.10|23.55|||||



**(d)** **AQF Certificate Level IV traineeships**

**(i)** Subject to clause F.5.2 and F.5.3 of this schedule, the minimum wages for
a trainee undertaking a traineeship are the minimum wages for the relevant
Level III traineeship with the addition of 3.8% to those minimum wages.

**(ii)** Subject to clause F.5.2 and F.5.3 of this schedule, the minimum wages for
an adult trainee undertaking an AQF Certificate Level IV traineeship are
as follows, provided that the relevant wage level is that for the relevant
AQF Certificate Level III traineeship:


-----

|Wage level|First year of traineeship|Col3|Second and subsequent years of traineeship|Col5|
|---|---|---|---|---|
||Full-time weekly|Part-time hourly|Full-time weekly|Part-time hourly|
||$|$|$|$|
|Wage Level A|840.40|27.65|872.30|28.69|
|Wage Level B|812.80|26.74|843.70|27.75|
|Wage Level C|743.40|24.45|771.50|25.38|


**(e)** **School-based traineeships**

Subject to clause F.5.2 and F.5.3 of this schedule, the minimum hourly wages
for a trainee undertaking a school-based Wage Levels A or B traineeship are as
follows when the trainee works ordinary hours:

|Year of schooling|Col2|
|---|---|
|Year 11 or lower|Year 12|
|per hour|per hour|
|$|$|
|13.11|14.44|



**F.5.2** **Calculating the actual minimum wage**

**(a)** Where the approved training for a part-time traineeship is provided fully off-thejob by a registered training organisation, for example at school or at TAFE, the
relevant minimum wage in clauses F.5.1(a)–(d) of this schedule applies to each
ordinary hour worked by the trainee.

**(b)** Where the approved training for a part-time traineeship is undertaken solely onthe-job or partly on-the-job and partly off-the-job, the relevant minimum wage
in clauses F.5.1(a)–(d) of this schedule minus 20% applies to each ordinary hour
worked by the trainee.

**F.5.3** **Other minimum wage provisions**

**(a)** An employee who was employed by an employer immediately prior to becoming
a trainee with that employer must not suffer a reduction in their minimum wage
per week or per hour by virtue of becoming a trainee. Casual loadings will be
disregarded when determining whether the employee has suffered a reduction in
their minimum wage.

**(b)** If a qualification is converted from an Level II to a Level III traineeship, or from
an Level III to a Level IV traineeship, then the trainee must be paid the next
highest minimum wage provided in this schedule, where a higher minimum
wage is provided for the new certificate level.

**F.5.4** **Default wage rate**

The minimum wage for a trainee undertaking an AQF Certificate Level I–III
traineeship whose training package and AQF certificate level are not allocated to a
wage level in clause F.7 is the relevant minimum wage under this schedule for a trainee


-----

undertaking an AQF Certificate to Level I–III traineeship whose training package and
AQF certificate level are allocated to Wage Level B.

### F.6 Employment conditions

**F.6.1** A trainee undertaking a school-based traineeship may, with the agreement of the
trainee, be paid an additional loading of 25% on all ordinary hours worked instead of
paid annual leave, paid personal/carer’s leave and paid absence on public holidays,
provided that where the trainee works on a public holiday then the public holiday
provisions of this award apply.

**F.6.2** A trainee 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.

**F.6.3** Time spent by a trainee, other than a trainee undertaking a school-based traineeship,
in attending any training and 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 trainee’s wages and determining the trainee’s employment conditions.

Note: The time to be included for the purpose of calculating the wages for part-time
trainees whose approved training is fully off-the-job is determined by clause F.5.2(a)
and not by this clause.

**F.6.4** Subject to clause F.3.4 of this schedule, all other terms and conditions of this award
apply to a trainee unless specifically varied by this schedule.

### F.7 Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

**F.7.1** **Wage Level A**

**Training package** **AQF certificate level**

Aeroskills II


Aviation


II

III


Beauty III


Business Services

Chemical, Hydrocarbons and Refining


II

III

I

II

III


Civil Construction III

Coal Training Package II

III

Community Services II

III


-----

**Training package** **AQF certificate level**


Construction, Plumbing and Services
Integrated Framework


II

III


Correctional Services II

III

Drilling II

III


II

III (in Western Australia only)

II


Electricity Supply Industry—Generation
Sector

Electricity Supply Industry—Transmission,
Distribution and Rail Sector

Electrotechnology

Financial Services


II

III (in Western Australia only)

I

II

III


Floristry III

Food Processing Industry III

Gas Industry III


Information and Communications
Technology


II

III


Laboratory Operations II

III


Local Government (other than Operational
Works Cert I and II)


II

III


Manufactured Mineral Products III


Manufacturing

Maritime


II

III

I

II

III


Metal and Engineering (Technical) II

III

Metalliferous Mining II

III


-----

**Training package** **AQF certificate level**


II

III


Museum, Library and Library/Information
Services


Plastics, Rubber and Cablemaking III

Public Safety III

Public Sector II

III

Pulp and Paper Manufacturing Industries III


III


Retail Services (including wholesale and
Community pharmacy)


Telecommunications II

III

Textiles, Clothing and Footwear III


Tourism, Hospitality and Events


II

III


Training and Assessment III

Transport and Distribution III

Water Industry (Utilities) III

**F.7.2** **Wage Level B**

**Training package** **AQF certificate level**


Animal Care and Management

Asset Maintenance

Australian Meat Industry


II

III

I

II

III


II

III


Automotive Industry Manufacturing II

III


Automotive Industry Retail, Service and
Repair


II

III


Beauty II

Caravan Industry II

III

Civil Construction I


-----

**Training package** **AQF certificate level**

Community Recreation Industry III


Entertainment


II

III


Extractive Industries II

III

Fitness Industry III

Floristry II


Food Processing Industry

Forest and Forest Products Industry

Furnishing

Gas Industry


II

I

II

III


II

III

I

II


Health II

III


Local Government (Operational Works)

Manufactured Mineral Products


II

I

II


Metal and Engineering (Production) II

III


Outdoor Recreation Industry


II

III


Plastics, Rubber and Cablemaking II

Printing and Graphic Arts II

III


Property Services

Public Safety

Pulp and Paper Manufacturing Industries

Retail Services

Screen and Media


II

III

I

II

I

II

I

II


II

III


-----

**Training package** **AQF certificate level**

Sport Industry II

III


Sugar Milling

Textiles, Clothing and Footwear

Transport and Logistics

Visual Arts, Craft and Design

Water Industry


II

III

I

II

I

II


II

III

I

II


-----

National Training Wage

**Definitions:**

* **Act:** The Fair Work Act 2009 (Cth).

* **Airservices:** Airservices Australia, a corporate body established under section 7 of the Air Services Act 1995 (Cth).

* **Casual employee:** Has the meaning given by section 15A of the Act.

* **Compulsory transfer:** A transfer as per clause 8, initiated by Airservices due to operational relocation. Not considered 

[[Varied by PR733943, PR774871]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733943.htm)

In this award, unless the contrary intention appears:

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

**Airservices means Airservices Australia, a body corporate established under section 7**
of the Air Services Act 1995 (Cth)

[[Definition of casual employee inserted by PR733943 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733943.htm)

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

**Compulsory transfer** means a transfer in accordance with clause 8 where the
employee is directed to transfer to a new location due to part of Airservices’ operations
moving to a new location. A transfer is not a compulsory transfer if:

-  the transfer is a Term Transfer; or

-  the employee was advised upon commencement of employment that relocation

was scheduled; or

-  the employee’s position carries with it an expectation for periodic relocation

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

[[Definition of employee organisation inserted by PR774871 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774871.pdf)

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

[[Definition of enterprise inserted by PR774871 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774871.pdf)

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

**home location means an employee’s usual work and living locality**

**household means the domestic property belonging to an employee and the employee’s**
dependants

**[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)

**ordinary rate means the relevant rate of the employee’s salary for their classification**
plus any allowances specified in this Award as being included in the employees’
ordinary rate

**Permanent transfer means a transfer in accordance with clause 8 where the location**
to which the employee is transferred becomes the employee’s home location

**shiftworker means:**

-  an employee who regularly works shifts commencing or finishing outside the

ordinary hours of work described in clause 9.2 or 9.3; or

-  an employee to whom clause 9.4 applies


-----

[[Definition of small business employer inserted by PR774871 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774871.pdf)

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

**standard rate means the minimum weekly wage for an employee at the**
Administrative Services—Level 3 classification, calculated based on the annual salary
set out in clause 11.8

**Temporary transfer means a transfer in accordance with clause 8 to a location that is**
not the employee’s home location, for a period not expected to exceed 12 months and
which is not a Term Transfer

**Term transfer means a transfer in accordance with clause 8 where the employee is**
required to transfer to a designated term transfer location for a period of between 1 to
2 years. Periods greater than two years require the agreement of the employee

[[Definition of workplace delegate inserted by PR774871 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774871.pdf)

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


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Definitions

Schedule

The Airservices Australia Enterprise Award 2016 covers Airservices Australia and its employees in the classifications listed in Schedule A—Classification definitions. This award does not apply to an employee who is excluded from award coverage by the Act.

Airservices Australia Enterprise Award 2016

PART 1

Application and Operation

PART 2

Types of Employment and Classifications

PART 3

Hours of Work

PART 4

Wages and Allowances

PART 5

Penalties and Overtime

PART 6

Leave, Public Holidays and other entitlements

PART 7

Workplace Delegates, Consultation and Dispute Resolution

Schedule