**Award Title:**

* This award is known as the Cemetery Industry Award 2020 (1.1).

**Commencement Date:**

* This modern award commenced operation on 1 January 2010, and has been varied since then (1.2).

**Effect of Variations:**

* Any variations to the award do not affect any rights, privileges, obligations, or liabilities that were acquired, accrued, or incurred under the award as it existed prior to the variation (1.3).

**1.1** This award is the Cemetery Industry Award 2020.

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

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

Title and commencement

**Definitions:**

**Act:** Refers to the Fair Work Act 2009 (Cth).

**Adult apprentice:** An apprentice who is 21 years of age or over at the commencement of their apprenticeship.

**All purposes:** The payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (16.2(a)).

**AQF:** The Australian Qualifications Framework.

**Casual employee:** Has the meaning given by section 15A of the Act.

**Defined benefit member:** Has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

**Employee:** Refers to a national system employee within the meaning of the Act.

**Employee organisation:** Has the meaning given by section 12 of the Act.

**Employer:** Refers to a national system employer within the meaning of the Act.

**Enterprise:** Has the meaning given by section 12 of the Act.

**Exempt public sector superannuation scheme:** Has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

**MySuper product:** Has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

**NES:** National Employment Standards as contained in sections 59 to 131 of the Act.

**Ordinary hourly rate:** The hourly rate for an employee’s classification specified in clause 14.1, plus the industry allowance.

**On-hire:** The on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

**Regular casual employee:** Has the meaning given by section 12 of the Act.

**Small business employer:** Has the meaning given by section 23 of the Act.

**Standard rate:** The minimum weekly rate for a Cemetery Employee Class 4 in clause 14.1.

**Workplace delegate:** Has the meaning given by section 350C(1) of the Act.

[[Varied by PR733841, PR774782]](https://www.fwc.gov.au/documents/awardsandorders/html/pr733841.htm)

In this award, unless the contrary intention appears:

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

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

**all purposes means the payment will be included in the rate of pay of an employee**
who is entitled to the allowance, when calculating any penalties or loadings or payment
while they are on annual leave (see clause 16.2(a)).

**AQF means the Australian Qualifications Framework.**

[[Definition of casual employee inserted by PR733841 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/pr733841.htm)

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

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

**[employee means national system employee within the meaning of the Act.](http://www.legislation.gov.au/Series/C2009A00028)**

[[Definition of employee organisation inserted by PR774782 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774782.pdf)

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

**[employer means national system employer within the meaning of the Act.](http://www.legislation.gov.au/Series/C2009A00028)**

[[Definition of enterprise inserted by PR774782 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774782.pdf)

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

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


-----


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

**[NES means National Employment Standards as contained in sections 59 to 131 of the](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)**
[Act.](http://www.legislation.gov.au/Series/C2009A00028)

**ordinary hourly rate means the hourly rate for an employee’s classification specified**
in clause 14.1, plus the industry allowance.

**on-hire means the on-hire of an employee by their employer to a client, where such**
employee works under the general guidance and instruction of the client or a
representative of the client.

[[Definition of regular casual employee inserted by PR733841 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/pr733841.htm)

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

[[Definition of small business employer inserted by PR774782 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774782.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 rate for a Cemetery Employee Class 4 in**
clause 14.1.

[[Definition of workplace delegate inserted by PR774782 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774782.pdf)

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

Definitions

**Minimum Conditions:**

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

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

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

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

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

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

The National Employment Standards and this award

**Coverage of Award:**

* This award covers employers in the cemetery and crematorium industry across Australia and their employees in the classifications listed in clause 11—Classifications, to the exclusion of any other modern award (4.1).

* This award includes employers supplying labour on an on-hire basis in the cemetery and crematorium industry for on-hire employees in classifications covered by this award (4.2).

* Employers providing group training services for apprentices and trainees in the cemetery and crematorium industry are also covered by this award. This includes apprentices and trainees engaged by a group training service hosted by a company for work in the cemetery and crematorium industry (4.3).

**Exclusions from Coverage:**

* This award does not cover:
    * Employees excluded from award coverage by the Act (4.4(a)).
    * Employees covered by a modern enterprise award, or an enterprise instrument, or the employers in relation to those employees (4.4(b)).
    * Employees covered by a State reference public sector modern award, or a State reference public sector transitional award, or the employers in relation to those employees (4.4(c)).

**Multiple Awards:**

* If an employer is covered by more than one award, an employee is covered by the award classification most appropriate to the work performed and the environment in which the work is normally performed (4.5).

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

**4.1** This industry award covers employers throughout Australia in the cemetery
and crematorium industry and their employees in the classifications listed in
clause 11—Classifications to the exclusion of any other modern award.

**4.2** This award covers any employer which supplies labour on an on-hire basis in
the cemetery and crematorium industry set out in clause 4.1 in respect of onhire employees in classifications covered by this award, and those on-hire
employees, while engaged in the performance of work for a business in that
industry. Clause 4.2 operates subject to the exclusions from coverage in this
award.


-----


**4.3** This award covers employers which provide group training services for
apprentices and trainees engaged in the cemetery and crematorium industry
and/or parts of industry set out at clause 4.1 and those apprentices and
trainees engaged by a group training service hosted by a company to perform
work at a location where the activities described herein are being performed.
Clause 4.3 operates subject to the exclusions from coverage in this award.

**4.4** This award does not cover:

**(a)** [an employee excluded from award coverage by the Act;](http://www.legislation.gov.au/Series/C2009A00028)

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

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

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

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

Coverage

**Flexibility in Award Terms:**

* Employers and employees can agree to vary certain award terms to meet their genuine needs, including:
  * Arrangements for when work is performed (5.1(a)).
  * Overtime rates (5.1(b)).
  * Penalty rates (5.1(c)).
  * Allowances (5.1(d)).
  * Annual leave loading (5.1(e)).

**Agreement Requirements:**

* Agreements must be made without coercion or duress (5.2).
* Agreements can only be made after the employee has commenced employment (5.3).
* Employers must provide a written proposal and ensure employees understand it, especially if they have limited English comprehension (5.4).
* Agreements must result in the employee being better off overall than if the agreement had not been made (5.5).
* Agreements must include:
  * Names of the employer and employee (5.6(a)).
  * Identification of the award terms being varied (5.6(b)).
  * Details of how the award terms are varied (5.6(c)).
  * How the employee is better off overall (5.6(d)).
  * Date the agreement starts (5.6(e)).
* Agreements must be in writing, signed by both parties, and if the employee is under 18, by their parent or guardian (5.7).

**Record Keeping and Termination:**

* Employers must keep the agreement as a time and wages record and provide a copy to the employee (5.9).
* Agreements can be terminated:
  * By written agreement at any time (5.11(a)).
  * By giving 13 weeks’ written notice (or 4 weeks if entered before the first full pay period starting on or after 4 December 2013) (5.11(b)).
* Terminated agreements cease to have effect after the notice period (5.12).
* The right to make such agreements is additional to other terms that allow for employer-employee agreements (5.13).

Note: If an agreement does not meet the requirements of section 144 of the Act, it can be terminated with 28 days’ written notice (see section 145 of the Act).

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

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

**(b)** overtime rates; or

**(c)** penalty rates; or

**(d)** allowances; or

**(e)** annual leave loading.

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

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


-----


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

**(a)** give the employee a written proposal; and

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

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

**5.6** An agreement must do all of the following:

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

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

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

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

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

**5.7** An agreement must be:

**(a)** in writing; and

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

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

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

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

**5.11** An agreement may be terminated:

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

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

NOTE: If an employer and employee agree to an arrangement that purports to be an
individual flexibility arrangement under this award term and the arrangement does not
meet a requirement set out in section 144 then the employee or the employer may
terminate the arrangement by giving written notice of not more than 28 days (see
[section 145 of the Act).](http://www.legislation.gov.au/Series/C2009A00028)


-----


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

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

Individual flexibility arrangements

**Flexible Working Arrangements:**

* Flexible working arrangements are provided for in the National Employment Standards (NES) (6).
* Disputes about requests for flexible working arrangements may be dealt with under clause 27—Dispute resolution, and/or under section 65B of the Fair Work Act (6).

[[6 substituted by PR763275 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763275.pdf)

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

NOTE: Disputes about requests for flexible working arrangements may be dealt with under
[clause 27—Dispute resolution and/or under section 65B of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

Requests for flexible working arrangements

**Facilitative Provisions:**

* A facilitative provision allows the standard approach in an award provision to be varied by agreement between an employer and an individual employee, or an employer and the majority of employees in the enterprise or part of the enterprise concerned (7.1).
* The following clauses in the award include facilitative provisions (7.2):
  * Clause 12.3 - Ordinary hours of work and rostering: Agreement with an individual employee.
  * Clause 18.2 - Time off instead of payment for overtime: Agreement with an individual employee.
  * Clause 19.4 - Annual leave in advance: Agreement with an individual employee.
  * Clause 19.5 - Cashing out of annual leave: Agreement with an individual employee.
  * Clause 24.2 - Public holidays - substitution: Agreement with an individual employee.

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

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

|Clause|Provision|Agreement between an employer and:|
|---|---|---|
|12.3|Ordinary hours of work and rostering|An individual|
|18.2|Time off instead of payment for overtime|An individual|
|19.4|Annual leave in advance|An individual|
|19.5|Cashing out of annual leave|An individual|
|24.2|Public holidays – substitution|An individual|



## Part 2—Types of Employment and Classifications

Facilitative provisions

Application and Operation of this Award

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

Full-time employees

**Part-time employment:**

* A part-time employee is engaged to work less than an average of 38 hours per week on a reasonably predictable basis (9.1).

* Part-time employees are entitled to equivalent pay and conditions to those of full-time employees on a pro rata basis (9.2).

**9.1** A part-time employee is engaged to work less than an average of 38 hours per
week on a reasonably predictable basis.


-----


**9.2** Part-time employees are entitled on a pro rata basis to equivalent pay and
conditions to those of full-time employees.

Part-time employees

**Casual employment:**

* Casual employees must be paid for each ordinary hour worked at the ordinary hourly rate appropriate to their classification and an additional loading of 25% of the ordinary hourly rate (10.1).

* The casual loading is provided in place of entitlements to leave and other matters that casual employees are excluded from under this award and the National Employment Standards (NES) (10.2).

* Casual employees who work overtime must be paid the overtime rates specified in clause 18.1(a) (10.3).

* Casual employees are entitled to a minimum payment of 2 hours’ work at the appropriate rate (10.4).

* Offers and requests for casual conversion to full-time or part-time employment are provided for in the NES. Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 27—Dispute resolution (10.5).

[[Varied by PR723879, PR733841]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723879.htm)

[[10.1 deleted by PR733841 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/pr733841.htm)

[[10.2 varied by PR723879; 10.2 renumbered as 10.1 by PR733841 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723879.htm)

**10.1** A casual employee must be paid for each ordinary hour worked:

**(a)** the ordinary hourly rate appropriate to the employee’s classification; and

**(b)** a loading of 25% of the ordinary hourly rate.

[[10.3 renumbered as 10.2 by PR733841 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/pr733841.htm)

**10.2** The casual loading is paid instead of entitlements to leave and other matters
[from which casuals are excluded by the terms of this award and the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

[[New 10.4 inserted by PR723879; 10.4 renumbered as 10.3 by PR733841 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723879.htm)

**10.3** When a casual employee works overtime, they must be paid the overtime rates
in clause 18.1(a).

[[10.4 renumbered as 10.5 by PR723879, 10.5 renumbered as 10.4 by PR733841 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723879.htm)

**10.4** Casual employees are entitled to a minimum payment of 2 hours’ work at the
appropriate rate.

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

[[10.5 renumbered as 10.6 by PR723879; 10.6 renumbered as 10.5 and renamed and substituted by PR733841 from](https://www.fwc.gov.au/documents/awardsandorders/html/PR723879.htm)
27Sep21]

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

[NOTE: Disputes about offers and requests for casual conversion under the NES are to](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
be dealt with under clause 27—Dispute resolution.

Casual employees

**Classification of employees:**

* Employees will be classified according to the classification descriptions contained in Schedule A—Classification Structure and Definitions of this award.

Employees will be classified in accordance with the classifications descriptions contained in
Schedule A—Classification Structure and Definitions of this award.


-----


## Part 3—Hours of work

Classifications

Types of Employment and Classifications

**Ordinary hours of work:**

* Ordinary hours of work will average 38 hours per week over a maximum 4-week cycle (12.1).
* These hours will be worked between 7.00 am and 6.00 pm, Monday to Friday (12.2).

**Rostered Day Off (RDO):**

* By mutual arrangement, ordinary hours can be arranged to allow for the accrual of a rostered day off (RDO) (12.3).
    * Ordinary hours will be worked as a 20-day, 4-week cycle of 8 hours each, with 24 minutes each day accruing as an entitlement to a paid RDO (12.3(a)).
    * The RDO will be allocated by the employer within the 4-week cycle (12.3(b)).
    * Employer and employee may agree to substitute an alternate RDO or, in emergencies, as directed by the employer (12.3(c)).
    * RDOs may accrue to a maximum of 5 days and must be taken at a mutually agreed time within 12 months of the first accrual (12.3(d)).

**Make-up time:**

* Employees can elect, with employer consent, to work make-up time, wherein they take time off during ordinary hours and work those hours later within the spread of ordinary hours at the ordinary rate of pay (12.4).

**12.1** Ordinary hours of work will be an average of 38 hours per week over a
maximum 4 week cycle.

**12.2** Ordinary hours will be worked between the hours of 7.00 am and 6.00 pm,
Monday to Friday.

**12.3** By mutual arrangement between an employer and employee, ordinary hours
may be arranged to allow the accrual of a rostered day off.

**(a)** Under clause 12.3, ordinary working hours will be worked as a 20 day, 4 week
cycle of 8 hours each with 24 minutes each day worked accruing as an
entitlement to take one rostered day off, paid for as though worked.

**(b)** Subject to clause 12.3(c), a rostered day off will be taken on a day allocated by
the employer within the 4 week cycle.

**(c)** An employer and employee may agree to substitute a rostered day off for an
alternate day or in the case of a breakdown in machinery or a failure or a shortage
of electric power or some other emergency situation, substitution may be at the
direction of the employer.

**(d)** Rostered days off may accrue to a maximum of 5 days. The accrued days are to
be taken at a time mutually agreed between the employer and the employee, but
within 12 months of the date the first rostered day off accrued under clause 12.3.

**12.4** An employee may elect, with the consent of their employer, to work make-up
time, under which the employee takes time off during ordinary hours and works
those hours at a later time, during the spread of ordinary hours in clause 12.2,
at the ordinary rate of pay.

Ordinary hours of work and rostering

**Unpaid meal break:**

* Employees are allowed an unpaid meal break of between 30 and 60 minutes at a time mutually agreed, or if no agreement, at a time nominated by the employer (13.1(a)).
* Employees will not be required to work more than 5 consecutive hours without a meal break (13.1(b)).

**Paid rest break:**

* Full-time and part-time employees are allowed two 10-minute rest breaks each day without deduction of pay (13.2).
    * The first 10-minute rest break is to be taken between starting work and the usual meal break (13.2(a)).
    * The second 10-minute rest break is to be taken between the usual meal break and finishing work (13.2(b)).
* Rest breaks are to be taken at a mutually agreed time and place, or if there is no agreement, at a time and place nominated by the employer to ensure minimal interference with work (13.2(c)).

**13.1** **Unpaid meal break**

**(a)** Subject to clause 13.1(b), employees will be allowed an unpaid meal break of
between 30 and 60 minutes at a time mutually agreed or, if there is no agreement,
at a time nominated by the employer.

**(b)** An employee will not be required to work more than 5 consecutive hours without
being allowed a meal break under clause 13.1(a).

**13.2** **Paid rest break**

Full-time and part-time employees will be allowed two 10-minute rest breaks each day
without deduction of pay as follows:

**(a)** The first rest break of 10 minutes is to be allowed between the time of starting
work and the usual meal break.


-----


**(b)** The second rest break of 10 minutes is to be allowed between the usual meal
break and the time of finishing work.

**(c)** Rest breaks will be taken at a mutually agreed time and place or, if there is no
agreement, at a time and place nominated by the employer to ensure minimal
interference with work being undertaken on any day.

## Part 4—Wages and Allowances

Breaks

Hours of work

**Minimum wages for adult employees:**

* Employers must pay the following minimum wages for ordinary hours worked by adult employees (14.1):
    * Cemetery Employee Class 1: $891.50 weekly, $23.46 hourly
    * Cemetery Employee Class 2: $949.20 weekly, $24.98 hourly
    * Cemetery Employee Class 3: $980.40 weekly, $25.80 hourly
    * Cemetery Employee Class 4: $1032.30 weekly, $27.17 hourly
    * Cemetery Employee Class 5: $1086.20 weekly, $28.58 hourly
    * Cemetery Employee Class 6: $1115.70 weekly, $29.36 hourly

**Apprentice rates:**

* Apprentices who commenced before 1 January 2014 (14.2(a)):
    * 1st year: 47.5% of Cemetery Employee Class 4 rate
    * 2nd year: 60% of Cemetery Employee Class 4 rate
    * 3rd year: 75% of Cemetery Employee Class 4 rate
    * 4th year: 95% of Cemetery Employee Class 4 rate
* Apprentices who commenced on or after 1 January 2014 (14.2(b)):
    * 1st year: 50% (without Year 12) or 55% (with Year 12) of Cemetery Employee Class 4 rate
    * 2nd year: 60% (without Year 12) or 65% (with Year 12) of Cemetery Employee Class 4 rate
    * 3rd year: 75% of Cemetery Employee Class 4 rate
    * 4th year: 95% of Cemetery Employee Class 4 rate

**Adult apprentice rates:**

* First year: 80% of Cemetery Employee Class 4 rate or the rate stated for the relevant apprenticeship year, whichever is greater (14.3(a)).
* Second and subsequent years: Lowest adult classification rate or the rate stated for the relevant apprenticeship year, whichever is greater (14.3(b)).
* Existing employees entering an adult apprenticeship must not suffer a reduction in their minimum wage if they have been employed for at least 6 months full-time or 12 months part-time or as a regular casual (14.3(c)).

**Apprentice conditions of employment:**

* All conditions in the award apply to apprentices unless specified otherwise (14.4(a)).
* Employers must pay excess travel costs for overnight block release training (14.4(b)).
* Excess travel costs include reasonable transportation, accommodation, and meal expenses but exclude payment for travel time (14.4(c)).
* Employers can reduce payable amounts by government subsidised travel assistance and need to inform the apprentice in writing (14.4(d)).
* Employers must reimburse training fees and prescribed textbook costs within 6 months of apprenticeship commencement if satisfactory progress is made (14.4(e)). Employers may pay fees directly to the RTO (14.4(f)).
* Apprentices must be released without loss of employment continuity to attend training (14.4(g)). Training time is considered time worked (14.4(h)).
* No overtime or shiftwork if it interferes with training except in emergencies (14.4(i)).

**Junior rates:**

* Juniors will be paid the following percentages of the appropriate classification rate (14.5):
    * At 16 years: 50%
    * At 17 years: 60%
    * At 18 years: 70%
    * At 19 years: 90%
    * 20 years and over: 100%

**Higher duties:**

* Employees performing work at a higher classification will be paid the higher rate for that time (14.6).

**National training wage:**

* The minimum wage rates and conditions are set out in Schedule E to the Miscellaneous Award 2020, as incorporated into this award (14.7(a-b)).

[[Varied by PR720159, PR718888, PR723827, PR729329, PR733841, PR740754, PR762179, PR773957]](https://www.fwc.gov.au/documents/awardsandorders/html/pr720159.htm)

[[14.1 varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

**14.1** An employer must pay adult employees the following minimum wages for
ordinary hours worked by the employee:

|Classification|Minimum weekly rate (full-time employee)|Minimum hourly rate|
|---|---|---|
||$|$|
|Cemetery Employee Class 1|891.50|23.46|
|Cemetery Employee Class 2|949.20|24.98|
|Cemetery Employee Class 3|980.40|25.80|
|Cemetery Employee Class 4|1032.30|27.17|
|Cemetery Employee Class 5|1086.20|28.58|
|Cemetery Employee Class 6|1115.70|29.36|



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

**14.2** **Apprentice rates**

**(a)** The minimum weekly rates of pay to be paid to apprentices who commenced
their apprenticeship before 1 January 2014 will be the following:

|Year of apprenticeship|% of minimum rate for Cemetery Employee Class 4|
|---|---|
|1st year|47.5|
|2nd year|60|
|3rd year|75|
|4th year|95|



**(b)** The minimum weekly rates of pay to be paid to apprentices who commenced
their apprenticeship on or after 1 January 2014 will be the following:


-----


|Year of apprenticeship|Apprentices who have not completed Year 12|Apprentices who have completed Year 12|
|---|---|---|
||% of minimum rate for Cemetery Employee Class 4||
|1st year|50|55|
|2nd year|60|65|
|3rd year|75|75|
|4th year|95|95|


**14.3** **Adult apprentice rates**

**(a)** The minimum rate for an adult apprentice who commenced their apprenticeship
on or after 1 January 2014 and is in the first year of their apprenticeship will be
**80% of the minimum wage for Cemetery Employee Class 4, or the rate**
prescribed by clause 14.2(b) for the relevant year of the apprenticeship,
whichever is the greater.

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

[[14.3(c) varied by PR733841 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/pr733841.htm)

**(c)** A person employed by an employer under this award immediately prior to
entering into a training agreement as an adult apprentice with that employer must
not suffer a reduction in their minimum wage by virtue of entering into the
training agreement, provided that the person has been an employee in that
enterprise for at least 6 months as a full-time employee or 12 months as a parttime or regular casual employee immediately prior to commencing the
apprenticeship. For the purpose only of fixing a minimum wage, the adult
apprentice must continue to receive the minimum wage that applies to the
classification specified in clause 14.1 in which the adult apprentice was engaged
immediately prior to entering into the training agreement.

**14.4** **Apprentice conditions of employment**

**(a)** Except as provided in clause 14.4 or where otherwise stated, all conditions of
employment specified in this award apply to apprentices.

**(b)** Where an apprentice is required to attend block release training for training
identified in or associated with their training contract, and such training requires
an overnight stay, the employer must pay for the excess reasonable travel costs
incurred by the apprentice in the course of travelling to and from such training.
Provided that clause 14.4 will not apply where the apprentice could attend an
alternative Registered Training Organisation (RTO) and the use of the more
distant RTO is not agreed between the employer and the apprentice.

**(c)** For the purposes of clause 14.4(b) above, excess reasonable travel costs include
the total costs of reasonable transportation (including transportation of tools


-----


where required), accommodation costs incurred while travelling (where
necessary) and reasonable expenses incurred while travelling, including meals,
which exceed those incurred in travelling to and from work. For the purposes of
clause 14.4, excess travel costs do not include payment for travelling time or
expenses incurred while not travelling to and from block release training.

**(d)** The amount payable by an employer under clause 14.4(b) may be reduced by an
amount the apprentice is eligible to receive for travel costs to attend block release
training under a Government apprentice assistance scheme. This will only apply
if an apprentice has either received such assistance or their employer has advised
them in writing of the availability of such assistance.

**(e)** All training fees charged by an RTO for prescribed courses and the cost of all
prescribed textbooks (excluding those textbooks which are available in the
employer’s technical library) for the apprenticeship, which are paid by an
apprentice, shall be reimbursed by the employer within 6 months of the
commencement of the apprenticeship or the relevant stage of the apprenticeship,
or within 3 months of the commencement of the training provided by the RTO,
whichever is the later, unless there is unsatisfactory progress.

**(f)** An employer may meet its obligations under clause 14.4(e) by paying any fees
and/or cost of textbooks directly to the RTO.

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

**(h)** Time spent by an apprentice in attending any training and/or assessment
specified in, or associated with, the training contract is to be regarded as time
worked for the employer for the purposes of calculating the apprentice’s wages
and determining the apprentice’s employment conditions. Clause 14.4 operates
subject to the provisions of Schedule D—School-based Apprentices.

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

**14.5** **Junior rates**

The minimum weekly rates of pay to be paid to juniors will be the following
percentages of the minimum rate of pay for the appropriate classification as set out in
clause 14.1 of this award.

|Age|% of the appropriate classification rate|
|---|---|
|At 16 years|50|
|At 17 years|60|
|At 18 years|70|
|At 19 years|90|
|20 years and over|100|


-----


**14.6** **Higher duties**

An employee who is required to perform work or relieve in a position of a higher class
for which a higher rate of pay is prescribed in this award, will be paid the higher rate
for time spent performing work at the higher class.

**14.7** **National training wage**

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

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

[[14.7(b) varied by PR720159, PR723827, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/pr720159.htm)

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

[[14.7(c) inserted by PR718888; deleted by PR723827 ppc 01Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

Minimum rates

**Payment of wages:**

* Wages can be paid weekly or fortnightly by cash, cheque, or into the employee’s nominated bank or other recognised financial institution account at the employer's discretion (15.1).

**Payment on termination of employment:**

* The employer must pay an employee no later than 7 days after the termination of employment for the following (15.2(a)):
    * The employee’s wages under the award for any complete or incomplete pay period up to the end of the day of termination (15.2(a)(i)).
    * All other amounts due to the employee under the award and the National Employment Standards (NES) (15.2(a)(ii)).
* This requirement is subject to additional orders from the Commission and any authorised deductions by the award or the Act (15.2(b)).

**Notes:**

* Section 117(2) of the Act stipulates that an employer must not terminate an employee’s employment without giving the required minimum period of notice or paying in lieu of notice.
* Clause 15.2(b) allows the Commission to order a delay in making payments, such as delaying redundancy pay if the employer applies under section 120 of the Act to reduce the redundancy amount due to the employee (15.2(b)).
* State and Territory long service leave laws or entitlements under section 113 of the Act may require an employer to pay for accrued long service leave on the day of termination or shortly after.

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

**15.1** Wages may be paid weekly or fortnightly by cash, cheque or into the
employee’s nominated bank (or other recognised financial institution) account
at the option of the employer.

**15.2** **Payment on termination of employment**

**(a)** The employer must pay an employee no later than 7 days after the day on which
the employee’s employment terminates:

**(i)** the employee’s wages under this award for any complete or incomplete
pay period up to the end of the day of termination; and

**(ii)** all other amounts that are due to the employee under this award and the
[NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**(b)** The requirement to pay wages and other amounts under clause 15.2(a) is subject
to further order of the Commission and the employer making deductions
[authorised by this award or the Act.](http://www.legislation.gov.au/Series/C2009A00028)

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

NOTE 2: Clause 15.2(b) allows the Commission to make an order delaying the
requirement to make a payment under clause 15.2. For example, the Commission could


-----


make an order delaying the requirement to pay redundancy pay if an employer makes
[an application under section 120 of the Act for the Commission to reduce the amount](http://www.legislation.gov.au/Series/C2009A00028)
[of redundancy pay an employee is entitled to under the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

NOTE 3: State and Territory long service leave laws or long service leave entitlements
[under section 113 of the Act, may require an employer to pay an employee for accrued](http://www.legislation.gov.au/Series/C2009A00028)
long service leave on the day on which the employee’s employment terminates or
shortly after.

Payment of wages

**Payment of Allowances:**

* Employers must pay employees the allowances under clause 16 (16.1). Refer to Schedule C for a summary of monetary allowances and adjustment methods.

**Wage-related Allowances:**

**All-purpose Allowances:**

* Allowances included in the pay rate of an employee for calculating penalties, loadings, or annual leave payments: industry allowance (16.2(a)).

**Industry Allowance:**

* An additional $39.23 per week on top of minimum rates (16.2(b)).

**Leading Hand Allowance:**

* $21.68 per week for employees in charge of 2-6 employees, excluding those at Class 5 or above (16.2(c)(i)).
* $47.49 per week for employees in charge of more than 6 employees, excluding those at Class 5 or above (16.2(c)(ii)).

**First Aid Allowance:**

* $12.39 per week for employees appointed to perform first aid duty, trained, and holding a current qualification (16.2(d)).

**Exhumation Allowance:**

* $91.87 per body buried for 14 days or less (16.2(e)(i)).
* $110.46 per body buried for more than 14 days but less than 7 years and embalmed and sealed in an approved container (16.2(e)(ii)).
* $183.75 per body buried for more than 14 days but less than 7 years, not embalmed, and not sealed in an approved container (16.2(e)(iii)).
* $91.87 per body buried longer than 7 years (16.2(e)(iv)).

**Lift and Deepen Allowance:**

* For a lift and deepen procedure, paid as follows:

|Age of grave since last burial (years)|5 but less than 10|10 but less than 25|25 but less than 50|more than 50|
|---|---|---|---|---|
|per occasion|$89.81|$67.10|$44.39|$22.71|

Note: A lift and deepen procedure involves disinterring and reinterring remains to accommodate further burials after a specified period (16.2(f)).

**Excavation Allowance:**

* $55.74 for excavating around the coffin of the first body (16.2(g)(i)).
* $27.87 for each additional body from the same grave (16.2(g)(ii)).

**Expense-related Allowances:**

**Meal Allowance:**

* $15.86 per meal for overtime work of more than 2 hours beyond ordinary finishing time without prior notice (16.3(a)).

**Vehicle Allowance:**

* $0.99 per kilometre for using own motor vehicle for employer's business (16.3(b)).

[Varied by [PR718888,](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm) [PR719041,](https://www.fwc.gov.au/documents/awardsandorders/html/PR719041.htm) [PR729329,](https://www.fwc.gov.au/documents/awardsandorders/html/pr729329.htm) [PR729514,](https://www.fwc.gov.au/documents/awardsandorders/html/pr729514.htm) [PR740920,](https://www.fwc.gov.au/documents/awardsandorders/html/pr740920.htm) [PR740754,](https://www.fwc.gov.au/documents/awardsandorders/html/pr740754.htm) [PR762179,](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762179.pdf) [PR762346,](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762346.pdf)
[PR773957, PR774125]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr773957.pdf)

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

**16.1** Employers must pay to an employee the allowances the employee is entitled
to under clause 16.

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

**16.2** **Wage-related allowances**

**(a)** **All-purpose allowances**

Allowances paid for all purposes are included in the rate of pay of an employee
who is entitled to the allowance, when calculating any penalties or loadings or
payment while they are on annual leave. The following allowance is paid for all
purposes under this award:

**(i)** industry allowance (clause 16.2(b)).

**(b)** **Industry allowance**

[[16.2(b) varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

In addition to the rates prescribed in clause 14—Minimum rates, an employee
must be paid an industry allowance of $39.23 per week.

**(c)** **Leading hand allowance**

[[16.2(c)(i) varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

**(i)** An employee, other than an employee classified at Class 5 or above,
appointed by the employer to be in charge of between 2 and 6 employees,
will be paid an allowance of $21.68 per week.

[[16.2(c)(ii) varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

**(ii)** An employee, other than an employee classified at Class 5 or above,
appointed by the employer to be in charge of more than 6 employees will
be paid an allowance of $47.49 per week.


-----


**(d)** **First aid allowance**

[[16.2(d) varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

An employee will be paid an allowance of $12.39 per week if they:

**(i)** are appointed by the employer to perform first aid duty;

**(ii)** have been trained to provide first aid; and

**(iii)** hold a current first aid qualification.

**(e)** **Exhumation allowance**

An employee required to do any work in an exhumation will be paid an
allowance for each body exhumed in addition to their ordinary wage as follows:

[[16.2(e)(i) varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

**(i)** Where a body has been buried for 14 days or less—$91.87 per body;

[[16.2(e)(ii) varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

**(ii)** Where a body has been buried for more than 14 days but less than 7 years
and had been arterially embalmed and sealed in a metal, polythene or other
approved plastic container—$110.46 per body;

[[16.2(e)(iii) varied by PR718888,](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm) [PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/pr729329.htm)

**(iii)** Where a body has been buried for more than 14 days but less than 7 years

and has not been arterially embalmed and inserted in a metal, polythene or
other approved plastic container—$183.75 per body; and

[[16.2(e)(iv) varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

**(iv)** Where a body has been buried longer than 7 years—$91.87 per body.

**(f)** **Lift and deepen allowance**

[[16.2(f) varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

For each occasion an employee performs work in a lift and deepen procedure,
the employee will be paid a lift and deepen allowance as follows:

|Age of grave since last burial (years)|Col2|Col3|Col4|Col5|
|---|---|---|---|---|
||5 but less than 10|10 but less than 25|25 but less than 50|more than 50|
||$|$|$|$|
|per occasion|89.81|67.10|44.39|22.71|



NOTE: This procedure is distinct from an exhumation in that it is performed at
the request of the person with authority over the grant in order to accommodate
further burials within an existing grave site. Unlike an exhumation, a lift and
deepen can only occur after 5 years has elapsed from the date of the last burial
in the grave site (or at such longer period as prescribed by the cemetery


-----


authority). This procedure is the disinterment of the remains from a grave,
wherein an authorised employee must physically recover the remains from a
grave and reinter the remains into the same grave at a greater depth.

**(g)** **Excavation allowance**

An employee who is required to excavate around a coffin below the level of the
lid and to place bars, tapes or ropes under the coffin so it may be lifted from the
grave (and is not required to actually perform an exhumation or lift and deepen
procedure) will be paid an allowance of:

[[16.2(g)(i) varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

**(i)** **$55.74 for the first body; and**

[[16.2(g)(ii) varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

**(ii)** **$27.87 for each additional body from the same grave.**

**16.3** **Expense-related allowances**

**(a)** **Meal allowance**

[[16.3(a) varied by PR719041, PR729514, PR740920, PR762346, PR774125 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR719041.htm)

An employee who is required to work overtime for more than 2 hours after their
ordinary finishing time on any day, and who has not been advised of the
requirement the day before, will be paid a meal allowance of $15.86 for each
meal.

**(b)** **Vehicle allowance**

[[16.3(b) varied by PR719041, PR740920, PR762346, PR774125 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR719041.htm)

An employee who reaches agreement with their employer to use their own motor
vehicle on the employer’s business will be paid an allowance of **$0.99 per**
kilometre travelled.

Allowances

**Superannuation legislation:**

* The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), and the Superannuation (Resolution of Complaints) Act 1993 (Cth), outline the superannuation rights and obligations of employers and employees (17.1(a)).
* The rights and obligations in clause 17 are supplementary to those in superannuation legislation and the NES (17.1(b)).

**Note:**
* 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 consult the ATO to determine if the employee is an existing member of a stapled superannuation fund, and if so, make contributions to that fund.
* If an employee does not choose a superannuation fund and does not have a stapled fund, the employer may satisfy the choice requirements by contributing to a superannuation fund nominated in the award, provided the fund can accept contributions for the employee.
* A fund may not accept contributions if the employee would be a new member of the fund’s MySuper product and the product is closed to new members due to failing APRA's performance tests for two consecutive years.

**Employer contributions:**

* Employers must make superannuation contributions to a superannuation fund for the benefit of employees to avoid paying the superannuation guarantee charge under the relevant superannuation legislation (17.2).

**Voluntary employee contributions:**

* Employees may authorise their employer in writing to pay a specified amount from their post-taxation wages into the same superannuation fund as the employer contributions (17.3(a)).
* Employees can adjust the authorised amount with three months' written notice, effective from the first of the following month (17.3(b)).
* Employers must pay the authorised amount no later than 28 days after the end of the month in which the deduction was made (17.3(c)).

**Superannuation fund:**

* Employers must make contributions to one of the following superannuation funds or its successor unless required otherwise by legislation, and provided the fund can accept new beneficiaries for new employees (17.4):
  * AustralianSuper
  * Sunsuper
  * CareSuper
  * Statewide Superannuation Trust
  * Any superannuation fund the employer was contributing to before 12 September 2008, provided it is an eligible choice fund offering a MySuper product or is an exempt public sector superannuation scheme
  * A superannuation fund or scheme where the employee is a defined benefit member.

[[Varied by PR743438, PR771346]](https://www.fwc.gov.au/documents/awardsandorders/html/pr743438.htm)

**17.1** **Superannuation legislation**

[[17.1 substituted by PR771346 ppc 09Apr24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr771346.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 17 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.

**17.2** **Employer contributions**

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

**17.3** **Voluntary employee contributions**

**(a)** Subject to the governing rules of the relevant superannuation fund, an employee
may, in writing, authorise their employer to pay on behalf of the employee a
specified amount from the post-taxation wages of the employee into the same
superannuation fund as the employer makes the superannuation contributions
provided for in clause 17.1(a).

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

**(c)** The employer must pay the amount authorised under clauses 17.3(a) or 17.3(b)
no later than 28 days after the end of the month in which the deduction authorised
under clauses 17.3(a) or 17.3(b) was made.

**17.4** **Superannuation fund**

[[17.4 varied by PR771346 ppc 09Apr24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr771346.pdf)

Unless, to comply with superannuation legislation, the employer is required to make
the superannuation contributions provided for in clause 17.2 to another superannuation
fund, the employer must make the superannuation contributions provided for in clause
17.2 and pay any amount authorised under clauses 17.3(a) or 17.3(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)** AustralianSuper;

**(b)** Sunsuper;

**(c)** CareSuper;

**(d)** Statewide Superannuation Trust;

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

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

## Part 5—Overtime

Superannuation

Wages and Allowances

**Payment for overtime:**

* For full-time and part-time employees, overtime worked outside ordinary hours specified in clause 12 must be paid at the following rates (18.1(a)):
  * Monday to Saturday—150% of the ordinary hourly rate for the first 2 hours and 200% thereafter (18.1(a)(i)).
  * Sunday—200% of the ordinary hourly rate (18.1(a)(ii)).
* For casual employees, overtime worked outside ordinary hours specified in clause 12 must be paid at the following rates (18.1(b)):
  * Monday to Saturday—175% of the ordinary hourly rate for the first 2 hours and 225% thereafter (18.1(b)(i)).
  * Sunday—225% of the ordinary hourly rate (18.1(b)(ii)).
* Overtime rates for casuals include the casual loading prescribed by clause 10.1(b) (18.1 note).
* Each day’s work is calculated separately for overtime purposes (18.1(c)).

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

* An agreement in writing can be made between an employer and an employee for the employee to take time off instead of being paid for overtime worked (18.2(a)).
* Each agreement must be for a specific amount of overtime in a particular pay period (18.2(b)).
* The agreement must state (18.2(c)):
  * The number of overtime hours and when they were worked (18.2(c)(i)).
  * That time off will be taken instead of payment (18.2(c)(ii)).
  * If requested by the employee, payment for untaken overtime must be made at the applicable overtime rate in the next pay period (18.2(c)(iii)-(iv)).
* An example agreement form is provided in Schedule F but an agreement can also be made by email or other electronic means (18.2 note).
* Time off entitlement is equal to the overtime hours worked (18.2(d)).
* Time off must be taken within 6 months of working the overtime at a mutually agreed time (18.2(e)).
* Payment must be made for untaken overtime within 6 months at the applicable overtime rate in the following pay period (18.2(g)).
* Employers must keep a copy of any time off agreements as employee records (18.2(h)).
* Employers must not apply undue pressure on employees regarding time off agreements (18.2(i)).
* Employees can request, under section 65 of the Act, to take time off instead of payment for overtime, subject to employer agreement and reasonable business grounds for refusal (18.2(j) and note).
* Untaken time off due to cessation of employment must be paid at the overtime rate applicable when the overtime was worked (18.2(k)).
* False representations about workplace rights regarding time off agreements are prohibited under section 345(1) of the Act (18.2 note).

[[Varied by PR723879, PR763275]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723879.htm)

**18.1** **Payment for overtime**

[[18.1(a) varied by PR723879 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723879.htm)

**(a)** For full-time and part-time employees, all time worked outside ordinary hours
specified in clause 12—Ordinary hours of work and rostering, worked at the
direction of the employer, will be paid as follows:

[[18.1(a)(i) varied by PR723879 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723879.htm)

**(i)** Monday to Saturday—150% of the ordinary hourly rate for the first
2 hours, and 200% of the ordinary hourly rate after 2 hours; and

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

[[New 18.1(b) inserted by PR723879 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723879.htm)

**(b)** For casual employees, all time worked outside ordinary hours specified in clause
12—Ordinary hours of work and rostering, worked at the direction of the
employer, will be paid as follows:

**(i)** Monday to Saturday—175% of the ordinary hourly rate for the first 2
hours, and 225% of the ordinary hourly rate after 2 hours; and

**(ii)** Sunday—225% of the ordinary hourly rate.


-----


NOTE: The overtime rates for casual employees have been calculated by adding
the casual loading prescribed by clause 10.1(b) to the overtime rates for full-time
and part-time employees prescribed by clause 18.1(a).

[[18.1(b) renumbered as 18.1(c) by PR723879 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723879.htm)

**(c)** In calculating overtime each day’s work will stand alone.

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

[[Varied by PR763275]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763275.pdf)

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

**(b)** Any amount of overtime that has been worked by an employee in a particular
pay period and that is to be taken as time off instead of the employee being paid
for it must be the subject of a separate agreement under clause 18.2.

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

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

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

**(iii)** that, if the employee requests at any time, the employer must pay the

employee, for overtime covered by the agreement but not taken as time
off, at the overtime rate applicable to the overtime when worked;


**(iv)** that any payment mentioned in clause 18.2(c)(iii) must be made in the next

pay period following the request.

NOTE: An example of the type of agreement required by clause 18.2 is set out
at Schedule F—Agreement for Time Off Instead of Payment for Overtime. There
is no requirement to use the form of agreement set out at Schedule F—
Agreement for Time Off Instead of Payment for Overtime. An agreement under
clause 18.2 can also be made by an exchange of emails between the employee
and employer, or by other electronic means.

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

EXAMPLE: By making an agreement under clause 18.2 an employee who
worked 2 overtime hours is entitled to 2 hours’ time off.

**(e)** Time off must be taken:

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

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


-----


**(f)** If the employee requests at any time, to be paid for overtime covered by an
agreement under clause 18.2 but not taken as time off, the employer must pay
the employee for the overtime, in the next pay period following the request, at
the overtime rate applicable to the overtime when worked.

**(g)** If time off for overtime that has been worked is not taken within the period of
6 months mentioned in clause 18.2(e), the employer must pay the employee for
the overtime, in the next pay period following those 6 months, at the overtime
rate applicable to the overtime when worked.

**(h)** The employer must keep a copy of any agreement under clause 18.2 as an
employee record.

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

**(j)** [An employee may, under section 65 of the Act, request to take time off, at a time](http://www.legislation.gov.au/Series/C2009A00028)
or times specified in the request or to be subsequently agreed by the employer
and the employee, instead of being paid for overtime worked by the employee.
If the employer agrees to the request then clause 18.2 will apply, including the
requirement for separate written agreements under clause 18.2(b) for overtime
that has been worked.

[[Note varied by PR763275 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763275.pdf)

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

**(k)** If, on the termination of the employee’s employment, time off for overtime
worked by the employee to which clause 18.2 applies has not been taken, the
employer must pay the employee for the overtime at the overtime rate applicable
to the overtime when worked.

NOTE: Under section 345(1) of the [Act, a person must not knowingly or](http://www.legislation.gov.au/Series/C2009A00028)
recklessly make a false or misleading representation about the workplace rights
of another person under clause 18.2.

## Part 6—Leave and Public Holidays

Overtime

**Annual leave provisions:**

* Annual leave is provided for in the National Employment Standards (NES) (19.1).
* When taking annual leave, employees are entitled to a loading of 17.5% of the ordinary hourly rate, in addition to NES payments (19.2).

**Direction to take annual leave during shutdown:**

* Applies if the employer intends to shut down all or part of its operations temporarily and requires employees to take paid annual leave (19.3(a)).
* Employers must give 28 days' written notice of the shutdown period, or a shorter period if agreed with the majority of employees (19.3(b)).
* Employees hired after the notice must be informed of the shutdown as soon as practicable (19.3(c)).
* Employers may direct employees to take paid annual leave during the shutdown if the direction is reasonable and in writing (19.3(d)-(e)).
* Employees must comply with the direction to take leave (19.3(f)).
* Employers and employees can agree in writing for employees to take unpaid leave during the shutdown if they lack sufficient paid annual leave (19.3(g)).
* Employees may take annual leave in advance during the shutdown period in accordance with clause 19.4 (19.3(h)).
* Any paid annual leave taken in advance is considered in determining accrued entitlements (19.3(i)).
* Clauses 19.6 to 19.8 do not apply during the shutdown period (19.3(j)).

**Annual leave in advance:**

* Employers and employees can agree in writing for employees to take paid annual leave before accruing entitlement (19.4(a)).
* Agreements must state the amount of leave and commencement date, and be signed by both parties (19.4(b)).
* Employers must keep a copy of the agreement as a record (19.4(c)).
* Employers can deduct unaccrued leave taken in advance from an employee’s final pay if employment ends (19.4(d)).

**Cashing out of annual leave:**

* Paid annual leave can only be cashed out via a written agreement between employer and employee (19.5(a)-(c)).
* Agreements must state the amount of leave cashed out, payment amount, and payment date, and be signed by both parties (19.5(d)-(e)).
* Payments must match what would have been payable had the leave been taken and must not reduce accrued leave below 4 weeks (19.5(f)-(g)).
* A maximum of 2 weeks' leave can be cashed out in any 12-month period (19.5(h)).

**Excessive leave accruals:**

* Employees have excessive leave if they accrue more than 8 weeks' paid annual leave (19.6(a)).
* Employers and employees should confer to reduce excessive leave accruals (19.6(b)).
* Employers may direct employees to take leave if agreement cannot be reached, but such directions must be reasonable and in writing (19.7(a)-(b)).
* Employees can request to take leave even if directed by the employer, and employers must not unreasonably refuse (19.7(c)-(d)).
* Employees can request leave if they have had an excessive leave balance for over 6 months and no direction has been given by the employer. Such requests must be in writing and cannot reduce leave below 6 weeks (19.8(a)-(c)).
* Employers must grant reasonable leave requests made under these provisions (19.8(e)).

[[Varied by PR751086]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751086.pdf)

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

**19.2** When taking a period of annual leave for which they have become entitled an
employee will be paid a loading of 17.5% of the ordinary hourly rate in addition
[to payment provided by the NES for such leave.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)


-----


**19.3** **Direction to take annual leave during shutdown**

[[19.3 renamed and substituted by PR751086 ppc 01May23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751086.pdf)

**(a)** Clause 19.3 applies if an employer:

**(i)** intends to shut down all or part of its operation for a particular period
(temporary shutdown period); and

**(ii)** wishes to require affected employees to take paid annual leave during that
period.

**(b)** The employer must give the affected employees 28 days’ written notice of a
temporary shutdown period, or any shorter period agreed between the employer
and the majority of relevant employees.

**(c)** The employer must give written notice of a temporary shutdown period to any
employee who is engaged after the notice is given under clause 19.3(b) and who
will be affected by that period as soon as reasonably practicable after the
employee is engaged.

**(d)** The employer may direct the employee to take a period of paid annual leave to
which the employee has accrued an entitlement during a temporary shutdown
period.

**(e)** A direction by the employer under clause 19.3(d):

**(i)** must be in writing; and

**(ii)** must be reasonable.

**(f)** The employee must take paid annual leave in accordance with a direction under
clause 19.3(d).

**(g)** In respect of any part of a temporary shutdown period which is not the subject
of a direction under clause 19.3(d), an employer and an employee may agree, in
writing, for the employee to take leave without pay during that part of the
temporary shutdown period.

**(h)** An employee may take annual leave in advance during a temporary shutdown
period in accordance with an agreement under clause 19.4.

**(i)** In determining the amount of paid annual leave to which an employee has
accrued an entitlement, any period of paid annual leave taken in advance by the
employee, in accordance with an agreement under clause 19.4, to which an
entitlement has not been accrued, is to be taken into account.

**(j)** Clauses 19.6 to 19.8 do not apply to a period of annual leave that an employee
is required to take during a temporary shutdown period in accordance with clause
19.3.

**19.4** **Annual leave in advance**

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


-----


**(b)** An agreement must:

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

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

NOTE: An example of the type of agreement required by clause 19.4 is set out
at Schedule G—Agreement to Take Annual Leave in Advance. There is no
requirement to use the form of agreement set out at Schedule G—Agreement to
Take Annual Leave in Advance.

**(c)** The employer must keep a copy of any agreement under clause 19.4 as an
employee record.

**(d)** If, on the termination of the employee’s employment, the employee has not
accrued an entitlement to all of a period of paid annual leave already taken in
accordance with an agreement under clause 19.4, the employer may deduct from
any money due to the employee on termination an amount equal to the amount
that was paid to the employee in respect of any part of the period of annual leave
taken in advance to which an entitlement has not been accrued.

**19.5** **Cashing out of annual leave**

**(a)** Paid annual leave must not be cashed out except in accordance with an
agreement under clause 19.5.

**(b)** Each cashing out of a particular amount of paid annual leave must be the subject
of a separate agreement under clause 19.5.

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

**(d)** An agreement under clause 19.5 must state:

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

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

**(e)** An agreement under clause 19.5 must be signed by the employer and employee
and, if the employee is under 18 years of age, by the employee’s parent or
guardian.

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

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

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


-----


**(i)** The employer must keep a copy of any agreement under clause 19.5 as an
employee record.

[NOTE 1: Under section 344 of the Act, an employer must not exert undue influence](http://www.legislation.gov.au/Series/C2009A00028)
or undue pressure on an employee to make, or not make, an agreement under
clause 19.5.

[NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly](http://www.legislation.gov.au/Series/C2009A00028)
make a false or misleading representation about the workplace rights of another person
under clause 19.5.

NOTE 3: An example of the type of agreement required by clause 19.5 is set out at
Schedule H—Agreement to Cash Out Annual Leave. There is no requirement to use
the form of agreement set out at Schedule H—Agreement to Cash Out Annual Leave.

**19.6** **Excessive leave accruals: general provision**

NOTE: Clauses 19.6 to 19.8 contain provisions, additional to the [NES, about the](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
taking of paid annual leave as a way of dealing with the accrual of excessive paid
[annual leave. See Part 2.2, Division 6 of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

**(a)** An employee has an excessive leave accrual if the employee has accrued more
than 8 weeks’ paid annual leave.

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

**(c)** Clause 19.7 sets out how an employer may direct an employee who has an
excessive leave accrual to take paid annual leave.

**(d)** Clause 19.8 sets out how an employee who has an excessive leave accrual may
require an employer to grant paid annual leave requested by the employee.

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

**(a)** If an employer has genuinely tried to reach agreement with an employee under
clause 19.6(b) but agreement is not reached (including because the employee
refuses to confer), the employer may direct the employee in writing to take one
or more periods of paid annual leave.

**(b)** However, a direction by the employer under clause 19.7(a):

**(i)** is of no effect if it would result at any time in the employee’s remaining
accrued entitlement to paid annual leave being less than 6 weeks when any
other paid annual leave arrangements (whether made under clause 19.6,
19.7 or 19.8 or otherwise agreed by the employer and employee) are taken
into account; and

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


-----


**(iii)** must not require the employee to take a period of paid annual leave

beginning less than 8 weeks, or more than 12 months, after the direction is
given; and


**(iv)** must not be inconsistent with any leave arrangement agreed by the

employer and employee.

**(c)** The employee must take paid annual leave in accordance with a direction under
clause 19.7(a) that is in effect.

**(d)** An employee to whom a direction has been given under clause 19.7(a) may
request to take a period of paid annual leave as if the direction had not been
given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 19.7(d) may
result in the direction ceasing to have effect. See clause 19.7(b)(i).

[NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse](http://www.legislation.gov.au/Series/C2009A00028)
to agree to a request by the employee to take paid annual leave.

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

**(a)** If an employee has genuinely tried to reach agreement with an employer under
clause 19.6(b) but agreement is not reached (including because the employer
refuses to confer), the employee may give a written notice to the employer
requesting to take one or more periods of paid annual leave.

**(b)** However, an employee may only give a notice to the employer under
clause 19.8(a) if:

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

**(ii)** the employee has not been given a direction under clause 19.7(a) that,
when any other paid annual leave arrangements (whether made under
clause 19.6, 19.7 or 19.8 or otherwise agreed by the employer and
employee) are taken into account, would eliminate the employee’s
excessive leave accrual.

**(c)** A notice given by an employee under clause 19.8(a) must not:

**(i)** if granted, result in the employee’s remaining accrued entitlement to paid
annual leave being at any time less than 6 weeks when any other paid
annual leave arrangements (whether made under clause 19.6, 19.7 or 19.8
or otherwise agreed by the employer and employee) are taken into account;
or

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

**(iii)** provide for the employee to take a period of paid annual leave beginning

less than 8 weeks, or more than 12 months, after the notice is given; or


-----


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

employee.

**(d)** An employee is not entitled to request by a notice under clause 19.8(a) more than
4 weeks’ paid annual leave in any period of 12 months.

**(e)** The employer must grant paid annual leave requested by a notice under
clause 19.8(a).

Annual leave

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

Personal/carer’s leave and compassionate leave

**Parental Leave and Related Entitlements:**

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

**Dispute Resolution for Unpaid Parental Leave:**

* Disputes about requests for extensions to unpaid parental leave may be handled under [clause 27—Dispute resolution](http://www.legislation.gov.au/Series/C2009A00028) and/or under section 76B of the Act (21.1).

[[21 varied by PR763275 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763275.pdf)

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

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under
[clause 27—Dispute resolution and/or under section 76B of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

Parental leave and related entitlements

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

Community service leave

**Unpaid family and domestic violence leave:**

* Family and domestic violence leave is provided for in the National Employment Standards (NES) (Link provided: [NES](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)).
* Information concerning an employee's experience of family and domestic violence is sensitive and mishandling it may have adverse consequences for the employee. Employers must adhere to confidentiality requirements under section 106C of the Fair Work Act and regulations 3.47 and 3.48 of the Fair Work Regulations 2009 (Notes 1).
* Evidence to take leave may include a document from the police service, a court, a family violence support service, or a statutory declaration (Notes 2).

[[23—Unpaid family and domestic violence leave renamed and substituted by PR750443 ppc 15Mar23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr750443.pdf)

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

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

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

Family and domestic violence leave

**Public holiday entitlements:**

* Public holiday entitlements are provided for in the NES (24.1).

**Substitute public holidays:**

* An employer and employee may mutually agree to substitute a public holiday for an alternate day or part-day (24.2).

**Payment on public holidays:**

* All work performed on a public holiday at the employer's direction will be paid at 250% of the ordinary hourly rate with a minimum payment of 4 hours (24.3).
* Hours of work performed immediately before or after a part-day public holiday, forming part of one continuous shift, count as part of the minimum payment/engagement period in clause 24.3 (24.4).

[[Varied by PR747386]](https://www.fwc.gov.au/documents/awardsandorders/html/PR747386.htm)

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


-----


[[24.2 varied by PR747386 ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/PR747386.htm)

**24.2** An employer and employee may agree to substitute a public holiday for an
alternate day or part-day by agreement.

**24.3** All work performed on a public holiday at the direction of the employer will be
paid for at **250%** of the ordinary hourly rate with a minimum payment of 4
hours.

[[24.4 substituted by PR747386 ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/PR747386.htm)

**24.4** Hours of work performed immediately before or after a part-day public holiday,
that form part of one continuous shift, are counted as part of the minimum
payment/engagement period in clause 24.3.

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

[[Part 7—Consultation and Dispute Resolution renamed by PR774782 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774782.pdf)

Public holidays

Leave and Public Holidays

**Workplace delegate rights:**

* Clause 24A outlines the rights of workplace delegates as set out in section 350C of the Fair Work Act (24A.1).

* Definitions: 
  * **Employer:** The employer of the workplace delegate (24A.2(a)).
  * **Delegate’s organisation:** The employee organisation under which the workplace delegate was appointed or elected (24A.2(b)).
  * **Eligible employees:** Members and persons eligible to be members of the delegate’s organisation employed by the employer (24A.2(c)).

**Notification requirements:**

* Workplace delegates must give written notice of their appointment or election to the employer. If requested, they must provide evidence of their appointment or election (24A.3).
* An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days (24A.4).

**Right of representation:**

* Workplace delegates may represent eligible employees in matters such as:
  * Consultation about major workplace change (24A.5(a)).
  * Consultation about changes to rosters or hours of work (24A.5(b)).
  * Resolution of disputes (24A.5(c)).
  * Disciplinary processes (24A.5(d)).
  * Enterprise bargaining (if appointed as a bargaining representative) (24A.5(e)).
  * Any process under which eligible employees are entitled to representation concerning their industrial interests (24A.5(f)).

**Entitlement to reasonable communication:**

* Workplace delegates may communicate with eligible employees during working hours, work breaks, or before/after work for representing their industrial interests or discussing membership (24A.6).

**Access to workplace and facilities:**

* Employers must provide access to certain facilities like:
  * A private, fit-for-purpose room or area for discussions (24A.7(a)(i)).
  * Physical or electronic noticeboards (24A.7(a)(ii)).
  * Electronic means of communication, including access to Wi-Fi (24A.7(a)(iii)).
  * A lockable filing cabinet or secure document storage area (24A.7(a)(iv)).
  * Office facilities and equipment (24A.7(a)(v)).
* Employers are not required to provide access to facilities if:
  * The workplace does not have the facility (24A.7(b)(i)).
  * It is impractical due to operational requirements (24A.7(b)(ii)).
  * The employer cannot access the facility despite reasonable steps (24A.7(b)(iii)).

**Access to training:**

* Employers must provide up to 5 days of paid time during normal working hours for initial training, and at least one day each subsequent year, subject to:
  * No more than one workplace delegate per 50 eligible employees (24A.8(a)).
  * Determination of eligible employees on the day a delegate requests training (24A.8(b)).
  * Payment for training days based on the delegate’s usual pay (24A.8(c)).
  * At least 5 weeks' notice for training dates and content (24A.8(d)).
  * Provision of training content if requested by the employer (24A.8(e)).
  * Approval must not be unreasonably withheld by the employer, with confirmation given at least 2 weeks prior to training (24A.8(f)).
  * Delegates must provide evidence of attendance within 7 days after training (24A.8(g)).

**Conditions for exercising entitlements:**

* Workplace delegates must comply with:
  * Their duties and obligations as employees (24A.9(a)(i)).
  * Reasonable policies and procedures of the employer, including codes of conduct and acceptable use of ICT resources (24A.9(a)(ii)).
  * Must not hinder the performance of normal work or obstruct eligible employees' rights to freedom of association (24A.9(a)(iii), (iv)).
* No obligation to provide individual contact details of eligible employees (24A.9(b)).
* Eligible employees are not required to be represented by a workplace delegate without their agreement (24A.9(c)).

[[24A inserted by PR774782 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774782.pdf)

**24A.1** Clause 24A 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 24A.

**24A.2** In clause 24A:

**(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.

**24A.3** Before exercising entitlements under clause 24A, 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.

**24A.4 An employee who ceases to be a workplace delegate must give written notice**

to the employer within 14 days.


-----


**24A.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.

**24A.6 Entitlement to reasonable communication**

**(a)** A workplace delegate may communicate with eligible employees for the purpose
of representing their industrial interests under clause 24A.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.

**24A.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 24A.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.

**24A.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.

**24A.9 Exercise of entitlements under clause 24A**

**(a)** A workplace delegate’s entitlements under clause 24A 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 24A 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 24A 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 24A.](http://www.legislation.gov.au/Series/C2009A00028)

Workplace delegates’ rights

**Major changes affecting employees:**

* When an employer makes a definite decision to implement major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must (25.1): 
    * Notify all affected employees and their representatives (if any) (25.1(a)).
    * Discuss with affected employees and their representatives (if any):
        * The introduction of the changes (25.1(b)(i)).
        * The likely effects on employees (25.1(b)(ii)).
        * Measures to avoid or reduce the adverse effects of the changes on employees (25.1(b)(iii)).
    * Commence discussions as soon as practicable after the decision has been made (25.1(c)).

* For these discussions, the employer must provide in writing to the affected employees and their representatives (if any) all relevant information about the changes, including (25.2):
    * The nature of the changes (25.2(a)).
    * The expected effect on employees (25.2(b)).
    * Any other matters likely to affect employees (25.2(c)).

* Employers are not required to disclose confidential information if it would be contrary to their interests (25.3).

* Employers must promptly consider any matters raised by employees or their representatives about the changes during the discussions (25.4).

**Significant effects:**

* Significant effects on employees include (25.5):
    * Termination of employment (25.5(a)).
    * Major changes in the composition, operation, or size of the workforce, or in skills required (25.5(b)).
    * Loss of, or reduction in, job or promotion opportunities (25.5(c)).
    * Loss of, or reduction in, job tenure (25.5(d)).
    * Alteration of hours of work (25.5(e)).
    * The need for retraining or transfer to other work or locations (25.5(f)).
    * Job restructuring (25.5(g)).

* Where this award allows for altering any of the matters defined as significant effects in clause 25.5, such alterations are not to be regarded as having a significant effect (25.6).

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

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

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

**(i)** the introduction of the changes; and

**(ii)** their likely effect on employees; and

**(iii)** measures to avoid or reduce the adverse effects of the changes on

employees; and

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

**25.2** For the purposes of the discussion under clause 25.1(b), the employer must
give in writing to the affected employees and their representatives (if any) all
relevant information about the changes including:

**(a)** their nature; and

**(b)** their expected effect on employees; and


-----


**(c)** any other matters likely to affect employees.

**25.3** Clause 25.2 does not require an employer to disclose any confidential
information if its disclosure would be contrary to the employer’s interests.

**25.4** The employer must promptly consider any matters raised by the employees or
their representatives about the changes in the course of the discussion under
clause 25.1(b).

**25.5** In clause 25 significant effects, on employees, includes any of the following:

**(a)** termination of employment; or

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

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

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

**(e)** alteration of hours of work; or

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

**(g)** job restructuring.

**25.6** Where this award makes provision for alteration of any of the matters defined
at clause 25.5, such alteration is taken not to have significant effect.

Consultation about major workplace change

**Changes to regular roster or ordinary hours of work:**

* Clause 26 applies when an employer proposes to change the regular roster or ordinary hours of work of an employee, except for employees with irregular, sporadic, or unpredictable working hours (26.1).

* Employers must consult with affected employees and their representatives (if any) about the proposed changes (26.2).

* During the consultation, employers must (26.3):
    * Provide information about the proposed change to the employees and their representatives (e.g., the nature of the change and when it will begin) (26.3(a)).
    * Invite employees and their representatives to give their views on the impact of the proposed change, including its impact on their family or caring responsibilities (26.3(b)).

* Employers must consider any views given by employees or their representatives during the consultation (26.4).

* Clause 26 should be read in conjunction with other award provisions related to work scheduling or giving notice (26.5).

**26.1** Clause 26 applies if an employer proposes to change the regular roster or
ordinary hours of work of an employee, other than an employee whose working
hours are irregular, sporadic or unpredictable.

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

**26.3** For the purpose of the consultation, the employer must:

**(a)** provide to the employees and representatives mentioned in clause 26.2
information about the proposed change (for example, information about the
nature of the change and when it is to begin); and

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

**26.4** The employer must consider any views given under clause 26.3(b).

**26.5** Clause 26 is to be read in conjunction with any other provisions of this award
concerning the scheduling of work or the giving of notice.


-----

Consultation about changes to rosters or hours of work

**Dispute resolution:**

* Procedures for resolving disputes about matters under the award or the NES are outlined in Clause 27 (27.1).

* The parties must initially attempt to resolve the dispute at the workplace through discussion between the concerned employee(s) and the relevant supervisor (27.2).

* If unresolved, the dispute should be escalated for timely resolution through discussion between the concerned employee(s) and more senior management (27.3).

* If the dispute remains unresolved at the workplace despite following the steps in clauses 27.2 and 27.3, any party may refer the dispute to the Fair Work Commission (27.4).

* The parties may agree on the process to be followed by the Fair Work Commission, which may include mediation, conciliation, and consent arbitration (27.5).

* The Fair Work Commission may use any legally permitted and appropriate method for resolving the dispute if it remains unresolved (27.6).

* Any party involved in the dispute may appoint a person, organisation, or association to support and/or represent them during discussions or processes under Clause 27 (27.7).

* While the dispute resolution procedures are underway:
  * Work must continue in accordance with the award and the Act (27.8(a)).
  * Employees must comply with safe and appropriate work directions from the employer, whether at the same or another workplace (27.8(b)).

* Clause 27.8 is subject to applicable work health and safety legislation (27.9).

**Additional notes:**

* A separate dispute resolution procedure exists for disputes related to NES entitlements to request flexible working arrangements as outlined in section 65B of the Act (note 1).

* A separate dispute resolution procedure exists for disputes related to NES entitlements to request an extension to unpaid parental leave as outlined in section 76B of the Act (note 2).

[[Varied by PR763275]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763275.pdf)

**27.1** Clause 27 sets out the procedures to be followed if a dispute arises about a
[matter under this award or in relation to the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

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

**27.3** If the dispute is not resolved through discussion as mentioned in clause 27.2,
the parties to the dispute must then try to resolve it in a timely manner at the
workplace through discussion between the employee or employees concerned
and more senior levels of management, as appropriate.

**27.4** If the dispute is unable to be resolved at the workplace and all appropriate
steps have been taken under clauses 27.2 and 27.3, a party to the dispute
may refer it to the Fair Work Commission.

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

**27.6** If the dispute remains unresolved, the Fair Work Commission may use any
method of dispute resolution that it is permitted by the [Act to use and that it](http://www.legislation.gov.au/Series/C2009A00028)
considers appropriate for resolving the dispute.

**27.7** A party to the dispute may appoint a person, organisation or association to
support and/or represent them in any discussion or process under clause 27.

**27.8** While procedures are being followed under clause 27 in relation to a dispute:

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

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

**27.9** Clause 27.8 is subject to any applicable work health and safety legislation.

[[Note 1 inserted by PR763275 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763275.pdf)

NOTE 1: In addition to clause 27, a dispute resolution procedure for disputes regarding the
[NES entitlement to request flexible working arrangements is contained in section 65B of the](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
[Act.](http://www.legislation.gov.au/Series/C2009A00028)

[[Note 2 inserted by PR763275 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763275.pdf)

NOTE 2: In addition to clause 27, a dispute resolution procedure for disputes regarding the
[NES entitlement to request an extension to unpaid parental leave is contained in section 76B of](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
[the Act.](http://www.legislation.gov.au/Series/C2009A00028)


-----


## Part 8—Termination of Employment and Redundancy

Dispute resolution

Workplace Delegates, Consultation and Dispute Resolution

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

**Notice of termination by an employee:**

* Applies to all employees except those identified in sections 123(1) and 123(3) of the Act (28.1(a)).
* Employees must give notice of termination according to the following periods based on their continuous service (28.1(b)):
  * Not more than 1 year: 1 week
  * More than 1 year but not more than 3 years: 2 weeks
  * More than 3 years but not more than 5 years: 3 weeks
  * More than 5 years: 4 weeks
* Continuous service has the same meaning as in section 117 of the Act (28.1(c)).
* If employees aged 18 years or older do not give the required notice, the employer may deduct up to one week’s wages (28.1(d)).
* No deduction can be made if the employer agrees to a shorter notice period (28.1(e)).
* Any deduction made must not be unreasonable (28.1(f)).

**Job search entitlement:**

* An employee given notice of termination must be allowed up to one day off without loss of pay to seek other employment (28.2(a)).
* Time off is to be taken at convenient times after consultation with the employer (28.2(b)).

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

**28.1** **Notice of termination by an employee**

**(a)** Clause 28.1 applies to all employees except those identified in sections 123(1)
[and 123(3) of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

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

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



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

**(c)** In clause 28.1(b) continuous service has the same meaning as in section 117 of
[the Act.](http://www.legislation.gov.au/Series/C2009A00028)

**(d)** If an employee who is at least 18 years old does not give the period of notice
required under clause 28.1(b), then the employer may deduct from wages due to
the employee under this award an amount that is no more than one week’s wages
for the employee.

**(e)** If the employer has agreed to a shorter period of notice than that required under
clause 28.1(b), then no deduction can be made under clause 28.1(d).

**(f)** Any deduction made under clause 28.1(d) must not be unreasonable in the
circumstances.

**28.2** **Job search entitlement**

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


-----


**(b)** The time off under clause 28.2 is to be taken at times that are convenient to the
employee after consultation with the employer.

Termination of employment

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

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

* Applies if an employee is transferred to new duties due to redundancy, where a lower ordinary rate of pay applies (29.1(a)).
* The employer may: 
  * Give the employee notice of the transfer equivalent to the notice period required under section 117 of the Act (29.1(b)(i)). 
  * Transfer the employee without notice or before the notice period expires, provided the employer pays the difference in pay rates for the notice period (29.1(b)(ii)).
* If transferred without notice, the employee is entitled to a payment equal to the difference between the pay rates of the old and new roles for the notice period (29.1(c)).

**Employee leaving during redundancy notice period:**

* An employee given notice of termination due to redundancy may terminate their employment during the notice period (29.2(a)).
* The employee is entitled to the benefits and payments they would have received had they remained employed until the expiry of the notice period (29.2(b)).
* The employee is not entitled to be paid for any part of the notice period after they cease employment (29.2(c)).

**Job search entitlement:**

* An employee given notice of termination due to redundancy must be allowed time off without loss of pay of up to one day each week of the notice period to seek other employment (29.3(a)).
* If more than one day is taken off, the employee must provide proof of attendance at an interview if requested by the employer (29.3(b)).
* A statutory declaration is sufficient proof (29.3(c)).
* Failure to provide proof means the employee is not entitled to be paid for the time off (29.3(d)).
* This entitlement applies instead of clause 28.2 (29.3(e)).

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

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

**(a)** Clause 29.1 applies if, because of redundancy, an employee is transferred to new
duties to which a lower ordinary rate of pay applies.

**(b)** The employer may:

**(i)** give the employee notice of the transfer of at least the same length as the
[employee would be entitled to under section 117 of the Act as if it were a](http://www.legislation.gov.au/Series/C2009A00028)
notice of termination given by the employer; or

**(ii)** transfer the employee to the new duties without giving notice of transfer
or before the expiry of a notice of transfer, provided that the employer pays
the employee as set out in clause 29.1(c).

**(c)** If the employer acts as mentioned in clause 29.1(b)(ii), the employee is entitled
to a payment of an amount equal to the difference between the ordinary rate of
pay of the employee (inclusive of all-purpose allowances and penalty rates
applicable to ordinary hours) for the hours of work the employee would have
worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose
allowances and penalty rates applicable to ordinary hours) of the employee in
the second role for the period for which notice was not given.

**29.2** **Employee leaving during redundancy notice period**

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

**(b)** The employee is entitled to receive the benefits and payments they would have
received under clause 29 or under sections 119 to 123 of the [Act had they](http://www.legislation.gov.au/Series/C2009A00028)
remained in employment until the expiry of the notice.

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

**29.3** **Job search entitlement**

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


-----


**(b)** If an employee is allowed time off without loss of pay of more than one day
under clause 29.3(a), the employee must, at the request of the employer, produce
proof of attendance at an interview.

**(c)** A statutory declaration is sufficient for the purpose of clause 29.3(b).

**(d)** An employee who fails to produce proof when required under clause 29.3(b) is
not entitled to be paid for the time off.

**(e)** This entitlement applies instead of clause 28.2.


-----

Redundancy

Termination of Employment and Redundancy

**Classification structure:**

* All employees at Class 2 and above (excluding Class 2—Assistant Gravedigger) must have an appropriate licence (not motor car, motorcycle, or light truck), and hold an accredited short course certificate (A.1).

**Cemetery Employee Class 1:**

* Less than 6 months service with an employer.
* Works under routine supervision, either individually or in a team.
* Responsible for their own work under routine supervision (A.2).

**Tasks:**

* General maintenance, plant equipment and property maintenance, fencing, concreting and bitumen work, lawn mowing, raking leaves, sweeping, use of a weed eater, wheelbarrow, digging trenches, removal of trees, and using walk-behind mowers (A.2.1).

**Cemetery Employee Class 2:**

* More than 6 months service with the employer.
* Works from detailed instructions and procedures.
* Works under general supervision, either individually or in a team environment.
* Responsible for quality assurance of their own work (A.3).

**Tasks:**

* Uses jackhammer, concrete mixer, and hand tools such as power drill, pitchfork, electric saw, and garden tools.
* Performs activities such as digging trenches, lawn mowing including ride-on mowers, fertilising, spraying including herbicides/pesticides, carting soil, clipping hedges/edges, pruning, removal of tree cuttings, and using light motors and maintaining equipment (A.3.1).

**Assistant Gravedigger:**

* Assists Gravedigger with digging, timbering graves, carting dirt, placing mats, cleaning/trimming around site, lowering coffin/casket, preparing funeral area, topping up soil, and cleaning up after burial (A.3.2).

**Cemetery Employee Class 3:**

**Uncertificated Gravedigger:**

* No direct supervision.
* Digs and backfills graves by hand or mechanically.
* Identifies sites and prepares graves.
* Dresses graves for burial, tidies area and approach to the grave (A.4.1).

**Operator Assistant:**

* Performs duties of a crematorium operator under direct supervision.
* Removes coffin/casket from chapel, flowers/fittings, and conveys coffin/casket to furnace (A.4.2).

**Memorial Person:**

* Prepares plaques and remains for memorialisation.
* Marks beds, constructs concrete bases, has knowledge of maps/grounds, and handles miscellaneous paperwork (A.4.3).

**Funeral Assistant:**

* Assists Funeral Supervisor under general/routine supervision.
* Dresses graves, prepares chapels for service, maintains chapels, instructs on chapel equipment use, places coffin/casket over the grave, and assists with lowering coffin/casket into the grave (A.4.4).

**Cemetery Employee Class 4:**

* Employee with an appropriate and relevant trade certificate such as Certificated Gardener, Certificated Gravedigger or other qualified tradesperson (A.5).

**Funeral Supervisor:**

* Supervises funerals, authorises paperwork as required by State/Territory legislation, keeps records, supervises the conduct of funerals, assists with purchase/allocation of graves and memorials, controls traffic, conveys remains, advises public on locations, and may hold an appropriate motor licence (A.5.1).

**Crematorium Operator:**

* Operates and maintains crematorium equipment, keeps administrative records, and authorises paperwork as required by legislation (A.5.2).

An employee who matches the conditions below is also at this level:

* Has a minimum of 2 years industry experience.
* Has not had the opportunity for formal accreditation.
* Can demonstrate the required knowledge and skills (A.5.3):
  * Accurately identifies and checks grave sites.
  * Digs graves by hand or using machinery in varied soil conditions.
  * Directs backhoe/excavator for grave digging.
  * Assesses soil conditions for appropriate shoring.
  * Prepares grave site and surroundings for a funeral.
  * Assists at funerals using lowering devices or tapes.
  * Handles backfilling and clean-up of grave site.
  * Trains and educates other gravediggers.
* Employee must undertake necessary steps for accreditation when possible.

**Cemetery Employee Class 5:**

**Indicative experience and/or qualifications:**

* Possesses AQF III qualification or completed apprenticeship/traineeship at AQF III or equivalent.
* Has progress towards an AQF IV qualification or higher relevant to the industry (A.6.1).

**Indicative level of responsibility:**

* Requires remote supervision.
* Understands a broad knowledge base with theoretical concepts.
* Applies solutions to unpredictable problems.
* Analyses and evaluates information from various sources.
* Applies skills and knowledge in various contexts with some depth.
* Takes responsibility for their outputs based on human resource standards.
* Manages and directs a work team, usually on-site (A.6.2).

**Cemetery Employee Class 6:**

**Indicative experience and/or qualifications:**

* Possesses an AQF IV qualification or higher relevant to the industry (A.7.1).

**Indicative level of responsibility:**

* Requires remote supervision.
* Understands a broad knowledge base with theoretical concepts.
* Applies solutions to unpredictable problems.
* Analyses and evaluates information from various sources.
* Applies skills and knowledge in various contexts with some depth.
* Takes responsibility for their outputs based on human resource standards.
* Provides guidance and direction in overall management.
* Acts as a liaison with senior management to ensure company standards are maintained (A.7.2).

A.1 Classification structure

All employees engaged at Class 2 and above (other than Class 2—Assistant
Gravedigger) will have completed, hold and utilise an appropriate licence other than
motor car, motorcycle and light truck; and an accredited short course certificate.

### A.2 Cemetery Employee Class 1

-  less than 6 months service with an employer;

-  works under routine supervision either individually or in a team environment;

-  is responsible for their own work subject to routine supervision.

**A.2.1** Indicative of the tasks which an employee at this level may perform on a daily or
periodic basis include but are not limited to the following:

-  general maintenance;

-  plant equipment and property maintenance;

-  fencing;

-  concreting and bitumen work;

-  lawn mowing;

-  raking leaves;

-  sweeping;

-  use of weed eater;

-  wheel barrow;

-  digging trenches, removal of trees;

-  walk behind i.e. domestic/industrial mowers.

### A.3 Cemetery Employee Class 2

-  more than 6 months service with the employer;

-  works from more detailed instructions and procedures;

-  works under general supervision either individually or in a team environment;

-  is responsible for assuring the quality of their own work.

**A.3.1** Indicative of tasks which an employee at this level may perform on a daily or periodic
basis including all tasks listed under Class 1 and include, but are not limited to the
following:

-  use of jack hammer, concrete mixer;


-----


-  use of hand tools including, power drill, pitchfork, electric saw, garden tools;

-  digging trenches;

-  lawn mowing including ride-on i.e. tractor driver (without implements);

-  fertilising, spraying including, herbicides, pesticides;

-  carting soil, material;

-  clipping hedges, edges, pruning;

-  removal of tree cuttings;

-  use of light motors i.e. pumps, generator, chainsaw, post-hole digger and ability to

maintain equipment in proper working order.

**A.3.2** **Assistant Gravedigger**

Assists Gravedigger in some of the following tasks:

-  digging, timbering graves under supervision;

-  carting dirt, placing mats;

-  cleaning/trimming around site;

-  assist in lowering of coffin/casket;

-  prepare area for funeral including surface reparation;

-  tops up soil and cleans up after burial.

### A.4 Cemetery Employee Class 3

**A.4.1** **Uncertificated Gravedigger**

-  no direct supervision;

-  digs and backfills graves by hand or with mechanical equipment;

-  includes identification of sites;

-  preparation of graves;

-  dresses graves for burial (i.e. placement of artificial lawn, lowering machine or

bearers and generally tidying the area and approach to the grave).

**A.4.2** **Operator Assistant**

-  carries out the duties of a crematorium operator, but under direct supervision;

-  removes coffin/casket from chapel;

-  removes flowers/fittings;

-  conveys coffin/casket to furnace.


-----


**A.4.3** **Memorial Person**

-  preparation of plaques and remains for memorialisation;

-  marking beds and construction of concrete bases;

-  awareness/knowledge of maps, grounds etc;

-  miscellaneous paperwork.

**A.4.4** **Funeral Assistant**

-  assistant to Funeral Supervisor;

-  under general/routine supervision;



-  dresses graves for burial (i.e. placement of artificial lawn, lowering machine or

bearers and generally tidying the area and approach to the grave);

-  prepares chapels for service;

-  cleans/maintains chapels;

-  gives instruction in the use of chapel equipment;

-  assists with placing of coffin/casket over the grave;

-  assists with lowering of coffin/casket into the grave.

### A.5 Cemetery Employee Class 4

Employee who has completed an appropriate and relevant trade certificate i.e.
Certificated Gardener, Certificated Gravedigger or other qualified tradesperson.

**A.5.1** **Funeral Supervisor**

Carries out one or more of the following:

-  supervising funeral;

-  able to authorise paperwork as required by the relevant State or Territory legislation;

-  keeps appropriate paperwork, records;

-  supervise conduct of funeral;

-  assist with purchase/allocation of graves and memorials;

-  control traffic;

-  conveyance of remains other than cremated remains within and between cemeteries

controlled by the employing trust;

-  advise public on locations of graves/memorials and funerals;

-  may be required to hold and utilise appropriate motor licence.


-----


**A.5.2** **Crematorium Operator**

-  operate crematorium equipment;

-  maintain crematorium equipment;

-  keep appropriate administrative records;

-  authorises paperwork as required by the relevant State or Territory legislation.

**A.5.3** This classification level will also apply to an employee:

**(a)** with a minimum of 2 years industry experience; and

**(b)** who has not received the opportunity to be formally accredited; and

**(c)** can demonstrate knowledge and skills in the following areas:

-  identifying and/or checking accurately, the location of a grave site;

-  digging graves by hand or using appropriate machinery in full monument and

law burial areas in a wide variety of soil conditions;

-  directing backhoe/excavator in digging graves as in Class 2 above;



-  assessing soil conditions and the installation of appropriate shoring for

individual graves;

-  preparing a grave site and surrounds for a funeral;

-  assisting at a funeral including the use of lowering devices/tapes;

-  backfilling and clean-up of grave site;

-  assisting in the training and education of other gravediggers,

provided that, at the first available opportunity, the employee will undertake the
necessary steps to achieve accreditation.

### A.6 Cemetery Employee Class 5

**A.6.1** **Indicative experience and/or qualifications**

Possession of an AQF III qualification or completion of an apprenticeship or
traineeship at AQF III or equivalent consistent with the Funeral Services Training
Package, Horticulture Training Package or other relevant qualification and has
progress towards an AQF IV qualification or higher relevant to the industry.

**A.6.2** **Indicative level of responsibility**

An employee at this class would require remote supervision and who:

-  demonstrates understanding of a broad knowledge base incorporating some

theoretical concepts;

-  applies solutions to a defined range of unpredictable problems;


-----


-  identifies, analyses and evaluates information from a variety of sources;

-  identifies and applies skill and knowledge to a variety of contexts with some depth

in some areas;



-  takes responsibility for their own outputs in relation to specified human resource

standards; and

-  provides hands on management direction for a work team usually on site.

### A.7 Cemetery Employee Class 6

**A.7.1** **Indicative experience and/or qualifications**

Possession of an AQF IV qualification or higher relevant to the industry.

**A.7.2** **Indicative level of responsibility**

An employee at this class would require remote supervision and who:

-  demonstrates understanding of a broad knowledge base incorporating some

theoretical concepts;

-  applies solutions to a defined range of unpredictable problems;

-  identifies, analyses and evaluates information from a variety of sources;

-  identifies and applies skill and knowledge to a variety of contexts with some depth

in some areas;

-  takes responsibility for their own outputs in relation to specified human resource

standards;

-  provides guidance and direction in the overall management; and

-  acts as a liaison officer with senior management to ensure company standards are

implemented and maintained.


-----

Classification Structure and Definitions

**Ordinary hourly rate:**

* The ordinary hourly rate includes the industry allowance payable for all purposes (B.1).

**Adult full-time and part-time employees**

**Full-time and part-time adult employees—ordinary and penalty rates:**

| Classification | Ordinary hours | Public holiday |
| --- | --- | --- |
| | 100% | 250% |
| | $ | $ |
| Cemetery Employee Class 1 | 24.49 | 61.23 |
| Cemetery Employee Class 2 | 26.01 | 65.03 |
| Cemetery Employee Class 3 | 26.83 | 67.08 |
| Cemetery Employee Class 4 | 28.20 | 70.50 |
| Cemetery Employee Class 5 | 29.61 | 74.03 |
| Cemetery Employee Class 6 | 30.39 | 75.98 |

**Full-time and part-time adult employees—overtime rates:**

| Classification | Monday to Saturday—first 2 hours | Monday to Saturday—after 2 hours | Sunday | Public holiday |
| --- | --- | --- | --- | --- |
| | 150% | 200% | 200% | 250% |
| | $ | $ | $ | $ |
| Cemetery Employee Class 1 | 36.74 | 48.98 | 48.98 | 61.23 |
| Cemetery Employee Class 2 | 39.02 | 52.02 | 52.02 | 65.03 |
| Cemetery Employee Class 3 | 40.25 | 53.66 | 53.66 | 67.08 |
| Cemetery Employee Class 4 | 42.30 | 56.40 | 56.40 | 70.50 |
| Cemetery Employee Class 5 | 44.42 | 59.22 | 59.22 | 74.03 |
| Cemetery Employee Class 6 | 45.59 | 60.78 | 60.78 | 75.98 |

**Adult casual employees**

**Casual adult employees—ordinary and penalty rates:**

| Classification | Ordinary hours | Public holiday |
| --- | --- | --- |
| | 125% | 275% |
| | $ | $ |
| Cemetery Employee Class 1 | 30.61 | 67.35 |
| Cemetery Employee Class 2 | 32.51 | 71.53 |
| Cemetery Employee Class 3 | 33.54 | 73.78 |
| Cemetery Employee Class 4 | 35.25 | 77.55 |
| Cemetery Employee Class 5 | 37.01 | 81.43 |
| Cemetery Employee Class 6 | 37.99 | 83.57 |

The ordinary hourly rate includes the industry allowance payable for all purposes (B.3.1).

[[Varied by PR718888, PR729329,](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm) [PR740754, PR762179, PR773957]](https://www.fwc.gov.au/documents/awardsandorders/html/pr740754.htm)

### B.1 Ordinary hourly rate

**Ordinary hourly rate includes the industry allowance (clause 16.2(b)) which is payable for all**
purposes.

### B.2 Adult full-time and part-time employees

**B.2.1** **Full-time and part-time adult employees—ordinary and penalty rates**

[[B.2.1 varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

|Col1|Ordinary hours|Public holiday|
|---|---|---|
||% of ordinary hourly rate 1||
||100%|250%|
||$|$|
|Cemetery Employee Class 1|24.49|61.23|
|Cemetery Employee Class 2|26.01|65.03|
|Cemetery Employee Class 3|26.83|67.08|
|Cemetery Employee Class 4|28.20|70.50|
|Cemetery Employee Class 5|29.61|74.03|
|Cemetery Employee Class 6|30.39|75.98|



**1 Ordinary hourly rate includes the industry allowance payable to all employees for all**
purposes.

**B.2.2** **Full-time and part-time adult employees—overtime rates**

[[B.2.2 varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

|Col1|Monday to Saturday –first 2 hours|Monday to Saturday –after 2 hours|Sunday|Public holiday|
|---|---|---|---|---|
||% of ordinary hourly rate1||||
||150%|200%|200%|250%|
||$|$|$|$|
|Cemetery Employee Class 1|36.74|48.98|48.98|61.23|
|Cemetery Employee Class 2|39.02|52.02|52.02|65.03|
|Cemetery Employee Class 3|40.25|53.66|53.66|67.08|
|Cemetery Employee Class 4|42.30|56.40|56.40|70.50|
|Cemetery Employee Class 5|44.42|59.22|59.22|74.03|
|Cemetery Employee Class 6|45.59|60.78|60.78|75.98|


-----


**1 Ordinary hourly rate includes the industry allowance payable to all employees for all**
purposes.

### B.3 Adult casual employees

**B.3.1** **Casual adult employees—ordinary and penalty rates**

[[B.3.1 varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

|Col1|Ordinary hours|Public holiday|
|---|---|---|
||% of ordinary hourly rate1||
||125%|275%|
||$|$|
|Cemetery Employee Class 1|30.61|67.35|
|Cemetery Employee Class 2|32.51|71.53|
|Cemetery Employee Class 3|33.54|73.78|
|Cemetery Employee Class 4|35.25|77.55|
|Cemetery Employee Class 5|37.01|81.43|
|Cemetery Employee Class 6|37.99|83.57|



**1 Ordinary hourly rate includes the industry allowance payable to all employees for all**
purposes.


-----

Summary of Hourly Rates of Pay

**Award Title and Commencement:**

* This award is known as the Cemetery Industry Award 2020 (1.1).
* The modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date (1.2).

**Effect of Variations:**

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


[Varied by [PR718888,](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm) [PR719041,](https://www.fwc.gov.au/documents/awardsandorders/html/PR719041.htm) [PR729329,](https://www.fwc.gov.au/documents/awardsandorders/html/pr729329.htm) [PR740920,](https://www.fwc.gov.au/documents/awardsandorders/html/pr740920.htm) [PR740754,](https://www.fwc.gov.au/documents/awardsandorders/html/pr740754.htm) [PR750822,](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr750822.pdf) [PR762179,](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762179.pdf) [PR762346,](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr762346.pdf)
[PR773957, PR774125]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr773957.pdf)

See clause 16—Allowances for full details of allowances payable under this award.

### C.1 Wage-related allowances

[[C.1.1 varied by PR718888, PR729329, PR740754, PR762179, PR773957 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718888.htm)

**C.1.1** The following wage-related allowances are based on the weekly standard rate defined
in clause 2—Definitions as the minimum weekly rate for a Cemetery Employee Class

|4 in clause 14.1 = $1032.30|Col2|Col3|Col4|Col5|
|---|---|---|---|---|
|Allowance|Clause|% of standard rate|$|Payable|
|Industry allowance1|16.2(b)|3.8|39.23|per week|
|Leading hand—Class 5 and above—in charge of 2 to 6 employees|16.2(c)(i)|2.1|21.68|per week|
|Leading hand—Class 5 and above—in charge of more than 6 employees|16.2(c)(ii)|4.6|47.49|per week|
|First aid allowance|16.2(d)|1.2|12.39|per week|
|Exhumation allowance—body buried for 14 days or less|16.2(e)(i)|8.9|91.87|per body|
|Exhumation allowance—body buried for 14 days to 7 years and arterially embalmed and sealed in approved container|16.2(e)(ii)|10.7|110.46|per body|
|Exhumation allowance—body buried for 14 days to 7 years and not arterially embalmed and sealed in approved container|16.2(e)(iii)|17.8|183.75|per body|
|Exhumation allowance—body buried for more than 7 years|16.2(e)(iv)|8.9|91.87|per body|
|Lift and deepen allowance— age of grave since last burial— 5 to 10 years|16.2(f)|8.7|89.81|per occasion|
|Lift and deepen allowance— age of grave since last burial— 10 to 25 years|16.2(f)|6.5|67.10|per occasion|
|Lift and deepen allowance— age of grave since last burial— 25 to 50 years|16.2(f)|4.3|44.39|per occasion|


-----


|Allowance|Clause|% of standard rate|$|Payable|
|---|---|---|---|---|
|Lift and deepen allowance— age of grave since last burial— more than 50 years|16.2(f)|2.2|22.71|per occasion|
|Excavation allowance—first body|16.2(g)(i)|5.4|55.74|for first body|
|Excavation allowance—each additional body from the same grave|16.2(g)(ii)|2.7|27.87|per additional body|



**1** This allowance applies for all purposes.

**C.1.2** **Automatic adjustment of wage–related allowances**

[[C.1.2 renamed and substituted by PR750822 ppc 15Mar23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr750822.pdf)


body


The amount of each wage-related allowance is the percentage of the standard rate
specified for the allowance and will automatically adjust to reflect the specified
percentage when the standard rate is varied.

### C.2 Expense-related allowances

[[C.2.1 varied by PR719041, PR729514, PR740920, PR762346, PR774125 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR719041.htm)

**C.2.1** The following expense-related allowances will be payable to employees in accordance
with clause 16.3:

|Allowance|Clause|$|Payable|
|---|---|---|---|
|Meal allowance—overtime of more than 2 hours after ordinary finishing time|16.3(a)|15.86|per meal|
|Vehicle allowance|16.3(b)|0.99|per km|



**C.2.2** **Adjustment of expense-related allowances**

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

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

|Allowance|Applicable Consumer Price Index figure|
|---|---|
|Meal allowance|Take away and fast foods sub-group|
|Vehicle/travel allowance|Private motoring sub-group|


-----

Summary of Monetary Allowances

**School-based Apprentices:**

* This schedule is applicable to school-based apprentices who are completing an apprenticeship while also undertaking a course of secondary education (D.1).

* School-based apprenticeships can be undertaken in the trades covered by this award under a training agreement or contract of training recognised by the relevant State or Territory authority (D.2).

* The relevant minimum wages for full-time junior and adult apprentices, calculated hourly, apply to school-based apprentices for total hours worked, including time deemed to be spent in off-the-job training (D.3).

* For apprentices who are full-time school students, the time spent in off-the-job training for which they must be paid is 25% of the actual hours worked each week on-the-job. Wages paid for training time may be averaged over the semester or year (D.4).

* School-based apprentices must be allowed the same amount of time to attend off-the-job training as an equivalent full-time apprentice over the duration of the apprenticeship (D.5).

* Off-the-job training is structured training delivered by a Registered Training Organisation (RTO), separate from normal work duties or general supervised practice on the job (D.6).

* The apprenticeship duration must be as specified in the training agreement or contract but must not exceed 6 years (D.7).

* School-based apprentices progress through the relevant wage scale at a rate of 12 months' progression for every 2 years of employment as an apprentice or through competency-based progression if provided for in this award (D.8).

* The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless 3 years) or on stages of competency-based progression if specified. The progression rate reflects the average skill acquisition rate from the typical combination of work and training for a school-based apprentice (D.9).

* If an apprentice converts from school-based to full-time, all competencies completed and time spent as a full-time apprentice will count for progression through the wage scale in addition to the progression achieved as a school-based apprentice (D.10).

* School-based apprentices are entitled pro rata to all other conditions in this award (D.11).


**D.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.

**D.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.

**D.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.

**D.4** For the purposes of clause D.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.

**D.5** A school-based apprentice must be allowed, over the duration of the apprenticeship,
the same amount of time to attend off-the-job training as an equivalent full-time
apprentice.

**D.6** 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.

**D.7** The duration of the apprenticeship must be as specified in the training agreement or
contract for each apprentice but must not exceed 6 years.

**D.8** School-based apprentices progress through the relevant wage scale at the rate of
12 months progression for each 2 years of employment as an apprentice or at the rate
of competency-based progression if provided for in this award.

**D.9** The apprentice wage scales are based on a standard full-time apprenticeship of 4 years
(unless the apprenticeship is of 3 years duration) or stages of competency based
progression (if provided for in this award). 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.

**D.10** If an apprentice converts from school-based to full-time, the successful completion of
competencies (if provided for in this award) and all time spent as a full-time apprentice
will count for the purposes of progression through the relevant wage scale in addition
to the progression achieved as a school-based apprentice.

**D.11** School-based apprentices are entitled pro rata to all of the other conditions in this
award.


-----

School-based Apprentices

**Supported Wage System (SWS):**

* **Definition and Eligibility:**
  * Defines conditions for employees eligible for a supported wage due to disability (E.1).
  * Terms defined include approved assessor, assessment instrument, disability support pension, relevant minimum wage, supported wage system, and SWS wage assessment agreement (E.2).
  * Eligibility covers those unable to perform duties to required competence due to disability and who meet the disability support pension criteria (E.3.1).

* **Exclusions:**
  * Does not apply to employees with claims under workers compensation legislation or those under rehabilitation provisions of this award (E.3.2).

* **Supported Wage Rates:**
  * Employees are paid a percentage of the relevant minimum wage based on assessed capacity (E.4.1):

    | Assessed Capacity % | Relevant Minimum Wage % |
    |---|---|
    | 10 | 10 |
    | 20 | 20 |
    | 30 | 30 |
    | 40 | 40 |
    | 50 | 50 |
    | 60 | 60 |
    | 70 | 70 |
    | 80 | 80 |
    | 90 | 90 |
  
  * Minimum payable amount is $106 per week (E.4.2).
  * Employees with a 10% capacity receive high levels of assistance and support (E.4.3).

* **Assessment of Capacity:**
  * Productive capacity assessed by an approved assessor after consulting employer, employee, and potentially a union (E.5.1).
  * Assessments documented in an SWS wage assessment agreement, retained as a time and wages record (E.5.2).

* **Lodgement of Agreements:**
  * All agreements must be lodged with the Fair Work Commission (E.6.1)
  * Agreements must be signed by both employer and employee, and referred to any interested union by certified mail for objections. If no objection within 10 working days, it takes effect (E.6.2).

* **Review of Assessment:**
  * Assessment subject to annual or more frequent review upon reasonable request (E.7).

* **Other Terms and Conditions:**
  * Applicable percentage only applied to minimum wage. Employees entitled to same terms and conditions as other workers on a pro rata basis (E.8).

* **Workplace Adjustment:**
  * Employers must make reasonable changes to enhance the employee's capacity, such as redesigning job duties, working time arrangements, and work organisation (E.9).

* **Trial Period:**
  * A trial period not exceeding 12 weeks, possibly extended by 4 weeks if needed, to adequately assess employee's capacity (E.10.1).
  * During the trial, the assessment of capacity and determination of wage will be made (E.10.2).
  * Minimum amount payable during the trial is $106 per week (E.10.3).
  * Work trials include induction or training suitable for the job being trialled (E.10.4).
  * Post-trial period, a further contract of employment based on assessment outcomes can be entered if employment is to continue (E.10.5).


[[Varied by PR719661, PR729672, PR742256, PR762969, PR774051]](https://www.fwc.gov.au/documents/awardsandorders/html/pr719661.htm)

**E.1** schedule defines the conditions which will apply to employees who because of the
effects of a disability are eligible for a supported wage under the terms of this award.

**E.2** In this schedule:

**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.

### E.3 Eligibility criteria

**E.3.1** Employees covered by this schedule will be those who are unable to perform the range
of duties to the competence level required within the class of work for which the
employee is engaged under this award, because of the effects of a disability on their
productive capacity and who meet the impairment criteria for receipt of a disability
support pension.

**E.3.2** This schedule does not apply to any existing employee who has a claim against the
employer which is subject to the provisions of workers compensation legislation or
any provision of this award relating to the rehabilitation of employees who are injured
in the course of their employment.

### E.4 Supported wage rates

**E.4.1** Employees to whom this schedule applies will be paid the applicable percentage of the
relevant minimum wage according to the following schedule:


-----


|Assessed capacity (clause E.5) %|Relevant minimum wage %|
|---|---|
|10|10|
|20|20|
|30|30|
|40|40|
|50|50|
|60|60|
|70|70|
|80|80|
|90|90|



[[E.4.2 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/pr719661.htm)

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

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

### E.5 Assessment of capacity

**E.5.1** For the purpose of establishing the percentage of the relevant minimum wage, the
productive capacity of the employee will be assessed in accordance with the SWS by
an approved assessor, having consulted the employer and employee and, if the
employee so desires, a union which the employee is eligible to join.

**E.5.2** All assessments made under this schedule must be documented in an SWS wage
assessment agreement, and retained by the employer as a time and wages record in
[accordance with the Act.](http://www.legislation.gov.au/Series/C2009A00028)

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

**E.6.1** All SWS wage assessment agreements under the conditions of this schedule, including
the appropriate percentage of the relevant minimum wage to be paid to the employee,
must be lodged by the employer with the Fair Work Commission.

**E.6.2** All SWS wage assessment agreements must be agreed and signed by the employee
and employer parties to the assessment. Where a union which has an interest in the
award is not a party to the assessment, the assessment will be referred by the Fair Work
Commission to the union by certified mail and the agreement will take effect unless
an objection is notified to the Fair Work Commission within 10 working days.

### E.7 Review of assessment

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


-----


### E.8 Other terms and conditions of employment

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

### E.9 Workplace adjustment

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

### E.10 Trial period

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

employer may employ a person under the provisions of this schedule for a trial period
not exceeding 12 weeks, except that in some cases additional work adjustment time
(not exceeding 4 weeks) may be needed.

**E.10.2** During that trial period the assessment of capacity will be undertaken and the

percentage of the relevant minimum wage for a continuing employment relationship
will be determined.

[[E.10.3 varied by PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/pr719661.htm)

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

than $106 per week.

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

**E.10.5** Where the employer and employee wish to establish a continuing employment

relationship following the completion of the trial period, a further contract of
employment will be entered into based on the outcome of assessment under clause E.5.


-----

Supported Wage System

**Time Off Instead of Payment for Overtime Agreement:**

* The agreement specifies that the employee may take time off instead of being paid for overtime worked. The details of the overtime worked should be documented including the date and time it started and ended, and the total amount of overtime worked in hours and minutes.

* If the employee requests payment for the overtime covered by this agreement instead of taking time off, the employer must comply. The payment must be made at the overtime rate that was applicable when the overtime was worked and should be processed in the next pay period following the employee's request.

* The following fields must be completed and signed by both the employee and the employer or employer representative:
  * Name of employee
  * Name of employer
  * Date and time when overtime started and ended
  * Amount of overtime worked
  * Signature of employee and date signed
  * Name of employer representative, their signature, and the date signed

* A sample agreement form can be downloaded from the Fair Work Commission website using [this link](https://www.fwc.gov.au/documents/awards/resources/toil-agreement.pdf).

[Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.](https://www.fwc.gov.au/documents/awards/resources/toil-agreement.pdf)

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Amount of overtime worked: _______ hours and ______ minutes

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___


-----

Agreement for Time Off Instead of Payment for Overtime

**Agreement to Take Annual Leave in Advance:**

* The agreement outlines that an employee may take a period of paid annual leave before they have accrued an entitlement to such leave. The amount of leave to be taken in advance must be specified in hours or days, and the commencement date of the leave must also be indicated.

* Both the employee and the employer must sign the agreement. The following details need to be completed and signed by both parties:
  * Name of employee
  * Name of employer
  * Amount of leave to be taken in advance
  * Commencement date of the leave
  * Signature of employee and the date signed
  * Name of employer representative, their signature, and the date signed

* If the employee is under 18 years of age, the agreement must include a section where the parent or guardian agrees that if the employee's employment is terminated before the employee has accrued an entitlement to all of the period of annual leave taken in advance, the employer may deduct from any money due to the employee an amount equal to the amount paid for the leave taken in advance that has not been accrued. This section must include:
  * Name of parent/guardian
  * Signature of parent/guardian
  * Date signed

* A sample agreement form can be downloaded from the Fair Work Commission website using [this link](https://www.fwc.gov.au/documents/awards/resources/leave-in-advance-agreement.pdf).

[Link to PDF copy of Agreement to Take Annual Leave in Advance.](https://www.fwc.gov.au/documents/awards/resources/leave-in-advance-agreement.pdf)

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

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

**I agree that:**

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

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___


-----

Agreement to Take Annual Leave in Advance

**Agreement to Cash Out Annual Leave:**

* The agreement allows an employee to cash out a specific amount of their accrued paid annual leave, which must be specified in hours or days.
* The payment for the leave to be cashed out should be specified in dollars and indicate whether it is subject to the deduction of income tax or after the deduction of income tax (strike out where not applicable).
* The payment date for the cashed-out leave must be specified.
* Both the employee and employer need to complete and sign the following:
  * Name of employee
  * Name of employer
  * Amount of leave to be cashed out
  * Payment amount to be made
  * Payment date
  * Signature of employee and the date signed
  * Signature of employer representative and the date signed

* A sample agreement form can be downloaded from the Fair Work Commission website using [this link](https://www.fwc.gov.au/documents/awards/resources/cash-out-agreement.pdf).

[Link to PDF copy of Agreement to Cash Out Annual Leave.](https://www.fwc.gov.au/documents/awards/resources/cash-out-agreement.pdf)

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

[Schedule I—Part-day Public Holidays deleted by

[PR747386https://www.fwc.gov.au/documents/awardsandorders/html/pr747388.htm ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/PR747386.htm)

[[Schedule X—Additional Measures During the COVID-19 Pandemic inserted by PR718141 ppc 08Apr20; varied](https://www.fwc.gov.au/documents/awardsandorders/html/pr718141.htm)
[by PR720705, PR723048, PR728080, PR736911; deleted by PR746868 ppc 17Oct22]](https://www.fwc.gov.au/documents/awardsandorders/html/pr720705.htm)


-----

Agreement to Cash Out Annual Leave

Schedule

The Cemetery Industry Award 2020 covers employers throughout Australia in the cemetery and crematorium industry and their employees in the classifications listed in clause 11. This award does not cover employees excluded from award coverage by the Act, nor those covered by a modern enterprise award or a State reference public sector modern award.

Cemetery Industry Award 2020

PART 1

Application and Operation of this Award

PART 2

Types of Employment and Classifications

PART 3

Hours of work

PART 4

Wages and Allowances

PART 5

Overtime

PART 6

Leave and Public Holidays

PART 7

Workplace Delegates, Consultation and Dispute Resolution

PART 8

Termination of Employment and Redundancy

Schedule