**Award Title and Commencement:**

* This award is known as the Surveying Award 2020 (1.1).
* The award commenced on 1 January 2010, and its terms have been varied since then (1.2).

**Effect of Variation:**

* 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 before the variation (1.3).

**1.1** This award is the Surveying 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) (1.1).
* **Casual employee:** Has the meaning given by section 15A of the Act (1.2).
* **Defined benefit member:** Has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth) (1.3).
* **Employee:** Means a national system employee within the meaning of the Act (1.4).
* **Employee organisation:** Has the meaning given by section 12 of the Act (1.5).
* **Employer:** Means a national system employer within the meaning of the Act (1.6).
* **Enterprise:** Has the meaning given by section 12 of the Act (1.7).
* **Exempt public sector superannuation scheme:** Has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth) (1.8).
* **Graduate surveyor:** A person with a bachelor's degree in a relevant spatial discipline who is eligible for admission as an Associate Member—Graduate of the Surveying and Spatial Sciences Institute (1.9).
* **Licensed/Registered surveyor:** An employee registered and/or endorsed according to relevant legislation and qualified to carry out surveying duties (1.10).
* **MySuper product:** Has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth) (1.11).
* **NES:** Refers to the National Employment Standards contained in sections 59 to 131 of the Act (1.12).
* **On-hire:** The on-hire of an employee by their employer to a client, where the employee works under the general guidance and instruction of the client (1.13).
* **Professional surveying duties:** Duties performed by a person with Graduate qualifications acceptable to the Surveying and Spatial Sciences Institute for admission to the grade of Associate Member (1.14).
* **Professional surveyor:** Defined in clause 4.2 (1.15).
* **Small business employer:** Has the meaning given by section 23 of the Act (1.16).
* **Standard rate:** The minimum hourly rate for a Level 10 in clause 17.1 (1.17).
* **Workplace delegate:** Has the meaning given by section 350C(1) of the Act (1.18).

[[Varied by PR733864, PR774778]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733864.htm)

In this award, unless the contrary intention appears:

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

[[Definition of casual employee inserted by PR733864 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733864.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 PR774778 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774778.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 PR774778 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774778.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)._

**Graduate surveyor means a person who possesses a bachelor degree in a relevant**
spatial discipline and who is eligible for admission as an Associate Member—
Graduate of the Surveying and Spatial Sciences Institute.

**Licensed/Registered surveyor is an employee who is required to be registered in**
accordance with the provisions of relevant legislation, and/or endorsed (if required),
and qualified to carry out surveying duties.

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


-----


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

**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.

**professional surveying duties means duties carried out by a person with Graduate**
qualifications acceptable to Surveying and Spatial Sciences Institute for admission to
the grade of Associate member.

**Professional surveyor has the meaning given in clause 4.2.**

[[Definition of small business employer inserted by PR774778 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774778.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 hourly rate for a Level 10 in clause 17.1.**

[[Definition of workplace delegate inserted by PR774778 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774778.pdf)

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

Definitions

**Minimum conditions of employment:**

* The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award (3.1).
* When this award refers to a condition of employment that is also provided for in the NES, the NES definition applies (3.2).
* Employers must ensure that copies of the award and the NES are available to all employees. This can be done either by displaying them on a notice board 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 minimum](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)
conditions of employment for employees covered by this award.

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

* This award covers employers throughout Australia who employ professional surveyors and other employees in the classifications listed in Schedule A—Classification Structure and Definitions to the exclusion of any other modern award (4.1).
* **Professional surveyor** refers to an employee qualified to carry out professional surveying duties, including Graduate surveyors, Licensed/Registered surveyors, and other professional surveyors whose field does not require formal registration (4.2).
* This award also covers employers supplying on-hire employees in classifications set out in Schedule A, provided the employer is not covered by another modern award containing a more appropriate classification (4.3).
* Employers providing group training services for trainees in classifications set out in Schedule A are also covered, as well as trainees engaged by a group training service hosted by a company performing the described activities (4.4).
* The award does not cover employees of a local government covered by another award (4.5).
* This award does not cover:
  * Employees excluded from award coverage by the Act (4.6(a)).
  * Employees 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 these employees (4.6(b)).
  * Employees 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 these employees (4.6(c)).
* If an employer is covered by more than one award, the employee is covered by the award classification most appropriate to the work performed and the environment in which the work is normally performed (4.7).

**4.1** This occupational award covers employers throughout Australia who employ
professional surveyors and other employees in the classifications listed in Schedule
A—Classification Structure and Definitions and their employees to the exclusion of
any other modern award.

**4.2** **Professional surveyor means an employee qualified to carry out professional**
surveying duties as defined. The term Professional surveyor will include Graduate
surveyor and Licensed/Registered surveyor and other Professional surveyors whose
field of surveying does not require formal registration.

**4.3** This award covers any employer which supplies on-hire employees in classifications
set out in Schedule A—Classification Structure and Definitions and those on-hire
employees, if the employer is not covered by another modern award containing a
classification which is more appropriate to the work performed by the employee.
Clause 4.3 operates subject to the exclusions from coverage in this award.


-----


**4.4** This award covers employers which provide group training services for trainees
engaged in any of the classifications set out in Schedule A—Classification Structure
and Definitions and those 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 4.4 operates subject to the exclusions from coverage in this award.

**4.5** This award does not cover employees of a local government covered by another award.

**4.6** 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.

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

Coverage

**Variations allowed by agreement:**

* An employer and an individual employee may agree to vary the terms of the award related to the following to meet genuine needs:
  * 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)).

**Conditions for agreement:**

* The agreement must be genuinely made without coercion or duress (5.2).
* The agreement can only be made after the employee has commenced employment (5.3).
* If the employer initiates the agreement, they must:
  * Provide the employee with a written proposal (5.4(a)).
  * Take reasonable steps to ensure the employee understands the proposal if they have limited understanding of written English, including providing a translation (5.4(b)).

**Outcome of the agreement:**

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

**Content of the agreement:**

* The agreement must:
  * State the names of the employer and employee (5.6(a)).
  * Identify the award term(s) being varied (5.6(b)).
  * Detail how each term is varied (5.6(c)).
  * Explain how the employee is better off overall (5.6(d)).
  * State the start date of the agreement (5.6(e)).

**Form and storage of agreement:**

* The agreement must be:
  * In writing (5.7(a)).
  * Signed by both the employer and employee, and if the employee is under 18, by their parent or guardian (5.7(b)).
* The agreement must be kept as a time and wages record and a copy must be given to the employee (5.9).

**Variation and termination of agreement:**

* The agreement can be varied or terminated by written agreement between the employer and employee at any time (5.11(a)).
* It can also be terminated by either party giving 13 weeks’ written notice to the other party, reduced to 4 weeks if entered before 4 December 2013 (5.11(b)).
* An agreement terminated by 13 weeks' notice ceases to have effect at the end of the notice period (5.12).

**Additional provisions:**

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

**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

**Requests for flexible working arrangements:**

Requests for flexible working arrangements are governed by the NES. Disputes about such requests can be addressed under clause 30—Dispute resolution and/or section 65B of the Act.

[[6 substituted by PR763271 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763271.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 30—Dispute resolution and/or under section 65B of the Act.](http://www.legislation.gov.au/Series/C2009A00028)

Requests for flexible working arrangements

**Agreement to vary award provisions:**

* This award includes facilitative provisions allowing agreement between an employer and employees on the application of specific award provisions (7.1(a)).
* These provisions set both the standard award conditions and a framework for agreement on practical application (7.1(b)).
* Facilitative provisions must not be used to avoid award obligations or create unfairness (7.1(c)).

**Facilitation by individual agreement:**

* Certain facilitative provisions can be agreed upon between an employer and an employee if the agreement complies with clause 7.2(b) (7.2(a)). The following provisions are included:
  - Part-time hours and variations to them (10.2)
  - Accumulation of rostered days off (15.3)
  - Meal breaks (16.1(a))
  - Payment of wages (18.1)
  - Method of payment of wages (18.2)
  - Travelling time payment (19.5(b))
  - Time off instead of overtime (21.2)
  - Alternatives to time off instead of overtime (21.2)
  - Change to meal break on overtime (21.7(a))
  - Annual leave in advance (22.3)
  - Cashing out of annual leave (22.8)
  - Substitution of public holidays (27.3)
* The agreement must be maintained as a time and wages record by the employer (7.2(b)).

**Facilitation by majority agreement:**

* Certain facilitative provisions can only be utilised upon agreement between the employer and the majority of employees in the workplace or section, provided requirements of clauses 7.2(b), 7.3(b), and 7.3(c) are met (7.3(a)). These provisions include:
  - Spread of hours (14.2)
  - Spread of hours during daylight saving (14.3)
  - Working less than 5 days (15.1)
  - Change to rostered day off (15.1)
* Once agreed upon, the agreement is binding on all such employees (7.3(b)).
* If union members are present, the employer must inform the union of the intention to use the facilitative provision, and the union must be given a reasonable opportunity to participate in negotiations (7.3(c)). Union consent is not required for the introduction of agreed arrangements (7.3(c)).
* A vote of employees to determine support for a facilitative provision is ineffective unless taken with the employer's agreement (7.3(d)).

**7.1** **Agreement to vary award provisions**

**(a)** This award contains facilitative provisions which allow agreement between an
employer and employees on how specific award provisions are to apply at the
workplace or section or sections of it. The facilitative provisions are identified
in clauses 7.2(a) and 7.3(a).

**(b)** The specific award provisions establish both the standard award conditions and
the framework within which agreement can be reached as to how the particular
provisions would be applied in practice.

**(c)** Facilitative provisions are not a device to avoid award obligations, nor should
they result in unfairness to an employee or employees covered by this award.

**7.2** **Facilitation by individual agreement**

**(a)** The following facilitative provisions can be utilised upon agreement between an
employer and an employee provided that the agreement complies with
clause 7.2(b):

|Clause title|Clause number|
|---|---|
|Part-time hours and variations to them|10.2|
|Accumulation of rostered days off|15.3|
|Meal breaks|16.1(a)|
|Payment of wages|18.1|
|Method of payment of wages|18.2|
|Travelling time payment|19.5(b)|
|Time off instead of overtime|21.2|
|Alternatives to time off instead of overtime|21.2|
|Change to meal break on overtime|21.7(a)|
|Annual leave in advance|22.3|
|Cashing out of annual leave|22.8|


-----


|Clause title|Clause number|
|---|---|
|Substitution of public holidays|27.3|



**(b)** The agreement reached must be kept by the employer as a time and wages record.

**7.3** **Facilitation by majority agreement**

**(a)** The following facilitative provisions can be utilised only upon agreement
between the employer and the majority of employees in the workplace or section
or sections of it, provided the requirements of clauses 7.2(b), 7.3(b) and 7.3(c)
have been met.

|Clause title|Clause number|
|---|---|
|Spread of hours|14.2|
|Spread of hours during daylight saving|14.3|
|Working less than 5 days|15.1|
|Change to rostered day off|15.1|



**(b)** Where agreement has been reached with the majority of employees in the
workplace, or a section or sections of it, to implement a facilitative provision in
clause 7.3(a), that agreement is binding on all such employees.

**(c)** If there are employees of the enterprise covered by this award who are members
of a union, the employer must inform the union/s of the intention to use the
facilitative provision and the union/s must be given a reasonable opportunity to
participate in negotiations regarding its use. Union involvement in this process
does not mean that the consent of the union is required prior to the introduction
of agreed facilitative arrangements at the enterprise.

**(d)** A vote of employees in the workplace, a section or sections of it, taken in
accordance with clause 7.3, to determine if there is a majority employee support
for implementation of a facilitative provision, will be of no effect unless taken
with the agreement of the employer.

## Part 2—Types of Employment and Classifications

Facilitative provisions

Application and Operation of this award

**Employment categories:**

* Employees under this award are to be employed in one of the following categories:
  - Full-time (8.1(a))
  - Part-time (8.1(b))
  - Casual (8.1(c))

* At the time of engagement, the employer must inform each employee in writing of the terms of their engagement and classification (8.2).

**Length of service:**

* Length of service for the purposes of all termination payments under this award is calculated on the basis of the total of:
  - All periods of full-time employment (8.3(a))
  - All periods of part-time employment being converted to the pro rata full-time equivalent (8.3(b))

**8.1** Employees under this award are to be employed in one of the following categories:

**(a)** full-time;

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

**(c)** casual.

**8.2** At the time of engagement the employer must inform each employee in writing of the
terms of their engagement and classification.


-----


**8.3** Length of service for the purposes of all termination payments under this award are
calculated on the basis of the total of:

**(a)** all periods of full-time employment; and

**(b)** all periods of part-time employment being converted to the pro rata full-time
equivalent.

Types of employment

**Classification by Default:**

* Any employee not specifically engaged as a part-time or casual employee is regarded as a full-time employee for all purposes of this award unless otherwise specified in the award.

Any employee not specifically engaged as being a part-time or casual employee is for all
purposes of this award a full-time employee, unless otherwise specified in the award.

Full-time employees

A part-time employee is engaged specifically to work fewer hours per day or week than a full-time employee on specific days and hours (10.1). The specified days and hours, as agreed in writing at the commencement of engagement, cannot be changed without mutual agreement and must be recorded in writing (10.2). Employers must roster a part-time employee for a minimum of 3 consecutive hours per shift (10.3). Part-time employees are paid the minimum hourly rate for each ordinary hour worked, as prescribed (10.4). The terms of the award apply pro rata to part-time employees based on 38 ordinary weekly hours for full-time employees (10.5). Overtime, Sunday, and public holiday rates apply for time worked beyond the specified hours (10.6). If employment is terminated while an employee works part-time after converting from full-time, or full-time after converting or reverting from part-time, they are entitled to termination payments at the full-time rate of pay applicable to their work (10.7).

**10.1** A part-time employee is an employee engaged specifically to regularly work less hours
per day or week than a full-time employee on specific days and hours.

**10.2** The specified days and hours, as agreed in writing at the commencement of
engagement, cannot be altered without mutual agreement between the employer and
employee and any variation must be recorded in writing.

**10.3** An employer is required to roster a part-time employee for a minimum of 3 consecutive
hours for any shift.

**10.4** For each ordinary hour worked, a part-time employee will be paid the minimum hourly
rate prescribed for the work performed.

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

**10.6** The rates for overtime, Sunday and public holiday work apply respectively for time
worked in excess of the specified hours in accordance with clause 10.2.

**10.7** An employee whose employment is terminated while working:

**(a)** part-time after converting from full-time; or

**(b)** full-time after converting or reverting from part-time;

is entitled to all termination payments under this award at the full-time rate of pay
applying to their work.

Part-time employees

**Casual employment:**

* Casual employees are paid the minimum hourly rate for each hour worked, plus a 25% loading (11.1).
* When working overtime, casual employees must be paid overtime rates as outlined in clauses 21.2 and 21.4(b) (11.2).
* Casual employees must be engaged and compensated for a minimum of 2 consecutive hours of work on each occasion they are required to work (11.3).

**Offers and requests for casual conversion:**

* Offers and requests for conversion from casual to full-time or part-time employment are governed by the National Employment Standards (NES) (11.4).
* Disputes regarding offers and requests for casual conversion under the NES should be resolved under clause 30—Dispute resolution (note under 11.4).

[[Varied by PR723983, PR733864]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

[[11.1 deleted by PR733864 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733864.htm)

[[11.2 renumbered as 11.1 by PR733864 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR733864.htm)

**11.1** For each hour worked, a casual employee will be paid the minimum hourly rate for the
work performed. In addition, a casual employee will receive a 25% loading.


-----


[[New 11.3 inserted by PR723983 ppc 20Nov20; renumbered as 11.2 by PR733864 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

**11.2** When a casual employee works overtime, they must be paid the overtime rates in
clauses 21.2 and 21.4(b)

[[11.3 renumbered as 11.4 by PR723983, 11.4 renumbered as 11.3 by PR733864 from 27Sep21]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

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

**11.4** **Offers and requests for casual conversion**

[[11.4 renumbered as 11.5 by PR723983; 11.5 renumbered as 11.4 and renamed and substituted by PR733864 from](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.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 30—Dispute resolution.

Casual employees

**Professional development responsibilities:**

* Employees are responsible for keeping themselves informed of developments in their profession and enhancing their professional knowledge and abilities (12.1).
* Employers should encourage employees to undertake self-development programs (12.1).

**Training costs:**

* If an activity is agreed upon between the employer and employee as part of a structured training program or otherwise, the employer will cover all associated training costs (12.2).

**12.1** It is the responsibility of the employees to keep themselves informed of developments
in their profession, and to develop their professional knowledge and ability and it is
appropriate for employees to be encouraged to undertake self-development programs.

**12.2** Where the employee and the employer agree that an activity be undertaken by the
employee as a component of a structured training program or otherwise, the employer
will meet all costs associated with the training.

Professional development

**Classification structure:**

* The classification structure and definitions for employees are detailed in Schedule A—Classification Structure and Definitions (13.1).

**Disclosure of qualifications:**

* Employees or job applicants must provide written evidence of their qualifications necessary for their classification when requested by their current or prospective employer (13.2).

**13.1** The classification structure and definitions for employees covered by this award are
set out in Schedule A—Classification Structure and Definitions.

**13.2** **Disclosure of qualifications**

An employee who is employed in, or who is an applicant for employment covered by
this award will, if and when required to do so by their employer or an employer to
whom they have applied for employment, produce to their employer or prospective
employer written evidence that they possess or have acquired the qualifications
necessary for the classification applied for.

## Part 3—Hours of Work

Classifications

Types of Employment and Classifications

**Ordinary hours of work:**

* The ordinary hours of work must not exceed an average of 38 per week and must be worked between 6.00 am and 6.00 pm Monday to Friday inclusive (14.1).

**Alteration of hours:**

* The actual hours within the spread of hours may be altered by mutual agreement between the employer and the majority of employees concerned in the establishment or section or sections concerned (14.2).

**Daylight saving:**

* During periods when daylight saving is in operation, the spread of hours may be 5.00 am to 5.00 pm where there is agreement between the employer and the majority of employees affected (14.3).

**14.1** The ordinary hours of work must not exceed an average of 38 per week and must be
worked between 6.00 am and 6.00 pm Monday to Friday inclusive.


-----


**14.2** The actual hours within the spread of hours may be altered by mutual agreement
between the employer and the majority of employees concerned in the establishment
or section or sections concerned.

**14.3** During periods when daylight saving is in operation the spread of hours may be
5.00 am to 5.00 pm where there is agreement between the employer and the majority
of employees affected.

Ordinary hours of work

**Rostered day off:**

* The employer and the majority of the employees in the establishment or specific sections may agree that ordinary working hours can be arranged to enable a weekday to be taken off on a mutually agreed basis (15.1).

**Notice of rostered days off:**

* The employer must advise the employee at least 4 weeks in advance of the weekday to be taken off (15.2(a)).
* Rostered days off are subject to the operational needs of the establishment and urgent unforeseen circumstances, in which case a substitute day must be arranged by mutual agreement (15.2(b)).

**Accumulation of days off:**

* Where agreed with the employer, an employee may accumulate up to 5 days' leave to be taken when mutually convenient (15.3).

**Rostered days off—building and construction industry:**

* Employees performing survey work on a recognised building and construction industry site may work on a prescribed rostered day off applicable to that site under the following circumstances (15.4):
  * If required by the employer and necessary to allow other employees to be employed productively (15.4(a)).
  * To carry out out-of-hours maintenance (15.4(b)).
  * Due to unforeseen delays to a particular project or a section of it (15.4(c)).
  * For other reasons arising from unforeseen or emergency circumstances on a project (15.4(d)).

**15.1** **Rostered day off**

The employer and the majority of the employees concerned in the establishment or
section or sections concerned may agree that the ordinary working hours be worked to
enable a weekday to be taken off on a basis to be mutually agreed.

**15.2** **Notice of rostered days off**

**(a)** The employer must advise the employee at least 4 weeks in advance of the
weekday to be taken off.

**(b)** Rostered days off will be subject to the operational needs of the establishment
and having regard to urgent and unforeseen circumstances in which case a
substitute day must be arranged by mutual agreement.

**15.3** **Accumulation of days off**

Where agreed with the employer, an employee may accumulate up to 5 days’ leave to
be taken when mutually convenient.

**15.4** **Rostered days off—building and construction industry**

Where employees subject to this award perform survey work on a recognised building
and construction industry site, those employees may work on a prescribed rostered day
off which is applicable to that particular site under the following circumstances:

**(a)** where that is required by the employer and the work is necessary to allow other
employees to be employed productively;

**(b)** to carry out out-of-hours maintenance;

**(c)** because of unforeseen delays to a particular project or a section of it; or

**(d)** for other reasons arising from unforeseen or emergency circumstances on a
project.

Rostering arrangements—full-time and part-time employees

**Meal break:**

* An employee is allowed an unpaid meal break of between 30 minutes and one hour each day, as mutually agreed (16.1(a)).
* An employee must not be required to work for more than 5 hours without a break for a meal (16.1(b)).

**Morning and afternoon tea break:**

* An employee is allowed a rest period of 10 minutes without deduction of pay in the morning at a time fixed by the employer (16.2(a)).
* An employee is permitted, without ceasing work, to take an afternoon tea break (16.2(b)).

**16.1** **Meal break**

**(a)** An employee will be allowed an unpaid meal break of between 30 minutes and
one hour each day, as mutually agreed.


-----


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

**16.2** **Morning and afternoon tea break**

**(a)** An employee is allowed a rest period of 10 minutes without deduction of pay in
the morning at a time fixed by the employer.

**(b)** An employee is permitted, without ceasing work, to take an afternoon tea break.

## Part 4—Wages and Allowances

Breaks

Hours of Work

**Adult rates:**

The classification structure should be read alongside Schedule A—Classification Structure and Definitions (17.1).

|Wage group|Minimum weekly rate (full-time employee)|Minimum hourly rate|
|---|---|---|
|Level 12|$915.90|$24.10|
|Level 11|$965.60|$25.41|
|Level 10|$1032.30|$27.17|
|Level 9|$1097.10|$28.87|
|Level 8|$1183.50|$31.14|
|Level 7|$1207.80|$31.78|
|Level 6|$1240.10|$32.63|
|Level 5|$1305.10|$34.34|
|Level 4|$1337.60|$35.20|
|Level 3|$1396.20|$36.74|
|Level 2|$1526.00|$40.16|
|Level 1|$1720.80|$45.28|

See Schedule B for a summary of hourly rates of pay including overtime and penalty rates.

**Junior rates:**

The rate for juniors is a percentage of the Level 10 rate:

|Age|% of Level 10 rate|
|---|---|
|17|52|
|18|62|
|19|75|
|20|88|

**Employees with technical qualifications:**

Employees with relevant technical qualifications but without relevant work experience are paid according to clause 17.5 (17.3).

**Professional surveyors/Licensed surveyors:**

Receive incremental advancement in line with clause A.15.2 (17.4).

**Phasing in wage rate for employees without relevant work experience:**

Employees with appropriate academic qualifications but no industry experience are paid according to the following formula (17.5):

|Qualification|Years of relevant work experience|% of award rate of pay|
|---|---|---|
|Diploma|0|77 of Level 7 rate|
||1|85 of Level 7 rate|
||2|96 of Level 7 rate|
||3|100 of Level 7 rate|
|Advanced diploma|0|72 of Level 5 rate|
||1|79 of Level 5 rate|
||2|89 of Level 5 rate|
||3|93 of Level 5 rate|
||4|100 of Level 5 rate|

**School-based apprentices:**

Refer to Schedule D—School-based Apprentices (17.6).

**Supported wage system:**

Employees eligible for a supported wage due to disability should refer to Schedule E—Supported Wage System (17.7).

[[Varied by PR718884, PR729325, PR740749, PR762175, PR773953]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718884.htm)

**17.1** **Adult rates**

[[17.1 varied by PR718884, PR729325, PR740749, PR762175, PR773953 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718884.htm)

The classification structure listed below is to be read in conjunction with Schedule
A—Classification Structure and Definitions.

|Wage group|Minimum weekly rate (full-time employee)|Minimum hourly rate|
|---|---|---|
||$|$|
|Level 12|915.90|24.10|
|Level 11|965.60|25.41|
|Level 10|1032.30|27.17|
|Level 9|1097.10|28.87|
|Level 8|1183.50|31.14|
|Level 7|1207.80|31.78|
|Level 6|1240.10|32.63|
|Level 5|1305.10|34.34|
|Level 4|1337.60|35.20|
|Level 3|1396.20|36.74|
|Level 2|1526.00|40.16|
|Level 1|1720.80|45.28|



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


-----


**17.2** **Junior rates**

The rate for juniors is the appropriate percentage of the Level 10 rate in accordance
with clause 17.1, as follows:

|Age|% of Level 10 rate|
|---|---|
|17|52|
|18|62|
|19|75|
|20|88|



**17.3** Employees who possess relevant technical qualifications without relevant work
experience on commencement of employment under this award are paid in accordance
with clause 17.5.

**17.4** Professional surveyors/Licensed surveyors receive incremental advancement in
accordance with clause A.15.2.

**17.5** **Phasing in of wage rate of employees without relevant work experience**

An employee who possesses the appropriate level of academic qualifications and who
otherwise meets the requirements of the relevant classification, but who is without
prior experience in the industry or other relevant work experience, is to be paid in
accordance with the following formula:

|Qualification|Years of relevant work experience|% of award rate of pay|
|---|---|---|
|Diploma|0|77 of Level 7 rate|
||1|85 of Level 7 rate|
||2|96 of Level 7 rate|
||3|100 of Level 7 rate|
|Advanced diploma|0|72 of Level 5 rate|
||1|79 of Level 5 rate|
||2|89 of Level 5 rate|
||3|93 of Level 5 rate|
||4|100 of Level 5 rate|



**17.6** **School-based apprentices**

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

**17.7** **Supported wage system**

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


-----

Minimum rates

**Payment of wages:**

* Wages are to be paid weekly or fortnightly at the employer's discretion, or monthly by mutual agreement (18.1).
* Payment can be made in cash, by cheque, or by electronic funds transfer to an account nominated by the employee, subject to mutual agreement (18.2).
* Wage payments by cash or cheque must be made during working hours (18.3).
* If the employee is known to be absent on payday, the employer must arrange for wages to be paid no later than the normal payday (18.4).
* If the employee works at a different location for an extended period, the employer must arrange for wage payment no later than the normal payday (18.5).

**Payment on termination of employment:**

* Employers must pay employees within 7 days of termination for any complete or incomplete pay period and all other amounts due under the award and the National Employment Standards (NES) (18.6(a)).
* This payment requirement is subject to any further order of the Commission and authorised deductions by the employer (18.6(b)).

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

**18.1** Wages will be paid weekly or fortnightly at the discretion of the employer or monthly
by mutual agreement between the employee and the employer.

**18.2** Wages will be paid by mutual agreement between the employee and the employer
either in cash, by cheque or by electronic funds transfer into an account nominated by
the employee.

**18.3** Payment of wages either by cash or by cheque must be made during working hours.

**18.4** Where it is known that the employee will be absent from their normal workplace on
pay day, the employer must make arrangements for the payment of wages no later than
the normal pay day.

**18.5** Where an employee is required to work at a location other than their normal place of
employment for an extended period, the employer must make prior arrangement for
the payment of wages to the employee no later than the normal pay day.

**18.6** **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 18.6(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 18.6(b) allows the Commission to make an order delaying the
requirement to make a payment under clause 18.6. 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

**Allowances:**

* Employers must pay employees the allowances they are entitled to under clause 19 (19.1).

**Meal allowance:**

* Employees required to work beyond 2 hours after usual finishing time are entitled to a meal allowance of $15.56 per meal or must be provided with an adequate meal (19.2(a)).
* Employees working on Sundays or public holidays for more than 4 hours must either be provided with a meal by the employer or be paid $15.56 for the meal during the first and/or subsequent rest break (19.2(b)).

**Fares:**

* If directed to work at a location other than their usual place of employment, employees must be paid all reasonable fares incurred daily in excess of normal fares for travel from home to the usual workplace and back (19.3(a)).
* The fare must enable the employee to travel economy class where available (19.3(b)).

**Air travel:**

* Air travel will be economy class. Employees are entitled to the meal allowance during meal periods in travel unless a meal is provided in-flight (19.4).

**Travelling time payment:**

* When directed to work at a location other than their usual place of employment, any excess travel time beyond their normal commute is considered working time (19.5(a)).
* If the excess travel time exceeds one hour each way, the employer may provide living away from home expenses for periods over 4 weeks, if mutually agreed (19.5(b)).

**Living away from home allowance:**

* Employees required to work temporarily away from their usual place of employment and needing to sleep away from home are entitled to fares to and from the work location, all reasonable expenses including board and lodging, and payment for travel time at ordinary rates, not exceeding 7.6 hours in 24 hours (19.6).

**Vehicle allowance:**

* Employees who, by mutual agreement, use their private vehicles for employer's business must receive reasonable compensation, but not less than $0.98 per kilometre travelled (19.7).

[[Varied by PR719037, PR729510, PR740916, PR762342, PR774121]](https://www.fwc.gov.au/documents/awardsandorders/html/pr719037.htm)

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.

**19.1** Employers must pay to an employee the allowances the employee is entitled to under
clause 19.

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

**19.2** **Meal allowance**

[[19.2(a) varied by PR719037, PR729510, PR740916, PR762342, PR774121 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/pr719037.htm)

**(a)** An employee required to work beyond 2 hours after the usual finishing time of
work must be paid a meal allowance of **$15.56 for the meal and for each**
subsequent meal, or be provided with an adequate meal.

[[19.2(b) varied by PR719037, PR729510, PR740916, PR762342, PR774121 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/pr719037.htm)

**(b)** An employee required to work on a Sunday or public holiday for more than
4 hours must either be supplied with a meal by the employer or paid $15.56 for
the meal taken during the first and/or subsequent rest break.

**19.3** **Fares**

**(a)** If an employee is directed to work at a place other than their usual place of
employment all reasonable fares necessarily incurred by them each day in excess
of the normal fares of travelling from their home to their usual place of
employment and return must be paid by the employer.

**(b)** The fare which is payable under clause 19.3(a) must enable them to travel
economy class, where available.

**19.4** **Air travel**

Air travel will be economy class. In the case of economy air travel the allowance
prescribed in clause 19.2 must be paid for each meal period occurring during the
duration of the travel, provided the employee did not receive a meal in flight for each
period concerned.

**19.5** **Travelling time payment**

**(a)** Where an employee is directed to work at a place other than their usual place of
employment, all time occupied by them on any day in travelling which is in
excess of the time normally occupied in travelling when working at their usual
place of employment is deemed to be working time.

**(b)** Where the excess travelling time is in excess of one hour each way, the employer
has the option, subject to mutual agreement between the employer and employee


-----


concerned, of providing reasonable living away from home expenses for any
period in excess of 4 weeks.

**19.6** **Living away from home allowance**

An employee required by their employer to work temporarily away from their usual
place of employment and, as a result, is required to sleep away from their usual place
of residence, is entitled to the following:

**(a)** fares to and from the place at which their employer requires the employee to
work;

**(b)** all reasonable expenses including board and lodging; and

**(c)** payment at ordinary rates of pay for all time spent in travelling between the
employee’s usual place of employment and the temporary location, such paid
time not to exceed 7.6 hours in 24 hours.

**19.7** **Vehicle allowance**

[[19.7 varied by PR729510, PR740916, PR762342, PR774121 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/pr729510.htm)

In cases where it is mutually agreed that an employee will be required to use their
private vehicle during the course of employer’s business, an employee must be paid
reasonable compensation, but in no case will they receive payment at a rate less than
the equivalent of $0.98 per kilometre so 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 (20.1(a)).
* The rights and obligations in clause 20 supplement those in superannuation legislation and the NES (20.1(b)).

**Superannuation legislation includes:**

* Employees generally have the opportunity to choose their own superannuation fund (note beside clause 20.1).
* If a new employee does not choose a superannuation fund, the employer must ask the ATO whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund (note beside clause 20.1).
* 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 nominated superannuation fund in the award, provided the fund is able to accept contributions for the benefit of the employee (note beside clause 20.1).
* A fund may not be able to accept contributions for 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 APRA performance tests for 2 consecutive years (note beside clause 20.1).

**Employer contributions:**

* Employers must make superannuation contributions to a superannuation fund for the benefit of an employee to avoid being required to pay the superannuation guarantee charge under superannuation legislation (20.2).

**Voluntary employee contributions:**

* An employee 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 (20.3(a)).
* An employee may adjust the authorised amount from the first of the month following a three-month written notice period (20.3(b)).
* Employers must pay the authorised amount no later than 28 days after the end of the month in which the deduction was made (20.3(c)).

**Superannuation fund:**

* Unless required otherwise by superannuation legislation, employers must make superannuation contributions to one of the following superannuation funds or its successor, provided it can accept new beneficiaries for new employees (20.4):
    * AustralianSuper;
    * Sunsuper;
    * Tasplan;
    * Statewide Superannuation Ltd;
    * any superannuation fund to which the employer was making superannuation contributions before 12 September 2008, provided it is an eligible choice fund, offers a MySuper product or is an exempt public sector superannuation scheme; or
    * a superannuation fund or scheme which the employee is a defined benefit member of.

**Absence from work:**

* Employers must make superannuation contributions and pay authorised amounts while the employee is on any paid leave, subject to the governing rules of the relevant superannuation fund (20.5).

[[Varied by PR771342]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr771342.pdf)

**20.1** **Superannuation legislation**

[[20.1 substituted by PR771342 ppc 09Apr24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr771342.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 20 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.

**20.2** **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.

**20.3** **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 20.1(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 20.3(a) or (b) no
later than 28 days after the end of the month in which the deduction authorised
under clauses 20.3(a) or (b) was made.

**20.4** **Superannuation fund**

[[20.4 varied by PR771342 ppc 09Apr24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr771342.pdf)

Unless, to comply with superannuation legislation, the employer is required to make
the superannuation contributions provided for in clause 20.1(a) to another
superannuation fund, the employer must make the superannuation contributions
provided for in clause 20.1(a) and pay any amount authorised under clauses 20.3(a) or
20.3(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)** Tasplan;

**(d)** Statewide Superannuation Ltd;


-----


**(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.

**20.5** **Absence from work**

Subject to the governing rules of the relevant superannuation fund, the employer must
also make the superannuation contributions provided for in clause 20.1(a) and pay the
amount authorised under clauses 20.3(a) or (b) while the employee is on any paid
leave.

## Part 5—Overtime and Penalty Rates

Superannuation

Wages and Allowances

**Overtime rates and conditions:**

* Employers must pay full-time or part-time employees 150% of the minimum hourly rate for the first 3 hours of authorised time worked beyond or outside ordinary hours, and 200% thereafter (21.1).
* Casual employees must be paid 187.5% of the minimum hourly rate for the first 3 hours and 250% thereafter for authorised time worked beyond or outside ordinary hours (21.2).

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

* Employers and employees may agree in writing for the employee to take time off instead of being paid for overtime (21.3(a)).
* Each amount of overtime to be taken as time off must be covered by a separate agreement (21.3(b)).
* The agreement must specify the number of hours, when those hours were worked, and confirm that the employee may take time off instead of being paid (21.3(c)).
* If requested, the employer must pay the employee for the overtime not taken as time off at the applicable overtime rate in the next pay period (21.3(f)).
* Time off must be taken within 6 months of the overtime worked, at a time agreed by the employer and employee (21.3(e)).
* The employer must keep a copy of the agreement as an employee record (21.3(h)).
* Employers must not exert undue pressure on employees regarding these agreements (21.3(i)).

**Sundays and public holidays:**

* Full-time or part-time employees working Sundays are paid 200%, and 250% on public holidays (21.4(a)).
* Casual employees are paid 250% on Sundays and 312.5% on public holidays (21.4(b)).
* Employees working more than 4 hours on a Sunday or public holiday are entitled to a 20-minute rest break with pay and must be provided with a meal or meal allowance (21.4(c)).

**Recall:**

* Employees recalled to work overtime after leaving the employer’s premises or required to work on a Saturday, Sunday or public holiday get a minimum of 4 hours' pay at the overtime rate (21.5).

**Overtime rest breaks and meal breaks:**

* Employees working overtime must have a 20-minute paid rest break after 4 hours of overtime if continuing to work (21.6).
* Employees working at least 1.5 hours of overtime after ordinary hours must have a 20-minute paid meal break before starting overtime (21.7(a)).
* Employees working beyond 2 hours after the usual finishing time must be provided with an adequate meal or meal allowance (21.7(b)).

**Transport when overtime affects normal means of transport:**

* Employers must provide a conveyance home when overtime or work on Sundays or public holidays finishes at a time when normal means of transport are not available (21.8).

[[Varied by PR723983, PR763271]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

[[21.1 varied by PR723983 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

**21.1** An employer must pay a full-time or part-time employee for all authorised time
worked in excess of or outside the spread of ordinary hours of duty at the rate of 150%
of the minimum hourly rate for the first 3 hours and 200% of the minimum hourly rate
thereafter.

[[New 21.2 inserted by PR723983 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

**21.2** An employer must pay a casual employee for all authorised time worked in excess of
or outside the spread of ordinary hours of duty at the rate of 187.5% of the minimum
hourly rate for the first 3 hours and 250% of the minimum hourly rate after 3 hours.

NOTE: The overtime rates for casual employees have been calculated by adding the
casual loading prescribed by clause 11.1 to the minimum hourly rate before applying
the overtime rates for full-time and part-time employees prescribed by clause 21.1.

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

[[21.2 renumbered as 21.3 by PR723983 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

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

**(b)** Any amount of overtime that has been worked by an employee in a particular
pay period and that is to be taken as time off instead of the employee being paid
for it must be the subject of a separate agreement under clause 21.3.

**(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 21.3 must be made in the next pay

period following the request.

NOTE: An example of the type of agreement required by clause 21.3 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 21.3 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 21.3 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 21.3 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 21.3(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 21.3 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 21.3 will apply, including the


-----


requirement for separate written agreements under clause 21.3(b) for overtime
that has been worked.

[[Note varied by PR763271 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763271.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 21.3 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 21.3.

**21.4** **Sundays and public holidays**

[[21.3 renumbered as 21.4 by PR723983 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

[[21.4(a) varied by PR723983 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

**(a)** A full-time or part-time employee must be paid the following rates for work done
on Sundays and public holidays, until the employee is relieved from duty:

**(i)** Sunday—200% of the minimum hourly rate;

**(ii)** Public holidays (as defined in this award)—250% of the minimum hourly
rate.

[[New 21.4(b) inserted by PR723983 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

**(b)** A casual employee must be paid the following rates for work done on Sundays
and public holidays, until the employee is relieved from duty:

**(i)** Sunday—250% of the minimum hourly rate;

**(ii)** Public holidays (as defined in this award)—312.5% of the minimum
hourly rate.

NOTE: The overtime rates for casual employees have been calculated by adding
the casual loading prescribed by clause 11.1 to the minimum hourly rate before
applying the overtime rates for full-time and part-time employees prescribed by
clause 21.4(a).

[[21.4(b) renumbered as 21.4(c) by PR723983 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

**(c)** An employee required to work on a Sunday or public holiday for more than 4
hours:

**(i)** must be allowed a rest break of 20 minutes without deduction of pay after
4 hours of work, if the employee continues work after the rest break; and


-----


**(ii)** must either be supplied with a meal by the employer or paid the meal
allowance as set out in clause 19.2(b).

**21.5** **Recall**

[[21.4 renumbered as 21.5 by PR723983 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

An employee recalled to work overtime, after leaving their employer’s premises or
required to work overtime on a Saturday, Sunday or public holiday must be paid for a
minimum of 4 hours’ work at the appropriate overtime rate.

**21.6** **Overtime—rest break**

[[21.5 renumbered as 21.6 by PR723983 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

An employee working overtime must be allowed a rest break of 20 minutes (paid for
at overtime rates) after each 4 hours of overtime worked if the employee continues to
work after the rest break.

**21.7** **Overtime—meal break**

[[21.6 renumbered as 21.7 by PR723983 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

**(a)** An employee required to work at least one and a half hours of overtime after
working ordinary hours must be allowed a meal break of 20 minutes before
starting overtime (paid for at ordinary rates). An employer and employee may
agree to any variation of this provision to meet the circumstances of the work at
hand provided that the employer will not be required to make any payment in
respect of any time allowed in excess of 20 minutes.

**(b)** An employee required to work beyond 2 hours after the usual finishing time of
work must be provided with an adequate meal or paid a meal allowance as set
out in clause 19.2(a).

**21.8** **Returning home when normal means of transport is not available**

[[21.7 renumbered as 21.8 by PR723983 ppc 20Nov20]](https://www.fwc.gov.au/documents/awardsandorders/html/PR723983.htm)

When an employee working overtime or working on a Sunday or public holiday
finishes work at a time when normal means of transport is not available, the employer
must provide the employee with a conveyance to their home.

## Part 6—Leave and Public Holidays

Overtime and penalty rates

Overtime and Penalty Rates

**Annual leave entitlements:**

**Annual leave loading:**

* Employees receive a loading of 17.5% on their ordinary pay during annual leave (22.2).

**Annual leave in advance:**

* Employers and employees can agree in writing for the employee to take annual leave before it is accrued (22.3(a)).
* The agreement must state the amount of leave being taken and the start date, and must be signed by the employer, employee, and if under 18, the employee’s parent or guardian (22.3(b)).
* Employers must keep a copy of this agreement as a record (22.3(c)).
* If employment ends before the employee accrues the leave already taken, the employer can deduct the amount from the final pay (22.3(d)).

**Excessive leave accruals—general provision:**

* Employees have excessive leave if they have more than 8 weeks' paid annual leave accrued (22.4(a)).
* Employers and employees should try to reach an agreement to reduce excessive leave accrual (22.4(b)).
* If no agreement is reached, the employer can direct the employee to take leave or the employee can request to take leave (22.4(c)-(d)).

**Direction by employer to take leave:**

* If no agreement is reached about reducing excessive leave, the employer can direct the employee in writing to take paid annual leave (22.5(a)).
* The direction cannot reduce the remaining leave balance below 6 weeks, must ensure the leave period is at least one week, and must not start less than 8 weeks or more than 12 months from the direction date (22.5(b)).
* The employee must comply with the direction (22.5(c)).
* An employee can request to take annual leave that may override the employer’s direction (22.5(d)).

**Request by employee to take leave:**

* Employees can give written notice to request to take paid annual leave if they have an excessive leave accrual for more than 6 months and no other leave agreement reduces the accrual (22.6(a)-(b)).
* The request must not reduce the leave balance below 6 weeks, involve a leave period less than one week, and must start between 8 weeks and 12 months from the notice date (22.6(c)).
* Employees cannot request more than 4 weeks' leave in a 12-month period (22.6(d)).
* Employers must grant the requested leave (22.6(e)).

**Annual leave during shutdowns:**

* Employers can require employees to take annual leave during a shutdown period with one month's written notice (22.7(b)).
* Employees must take the leave during the shutdown, or they can agree to take leave without pay or leave in advance (22.7(f)-(h)).

**Cashing out of annual leave:**

* Annual leave can only be cashed out with a written agreement (22.8(a)).
* Each cashing out must be a separate agreement specifying the amount and payment date, and signed by the employer, employee, and if under 18, the employee’s parent or guardian (22.8(b)-(e)).
* The payment must not be less than what the employee would have received while on leave, and the remaining leave balance must be at least 4 weeks (22.8(f)-(h)).
* Employers must keep a copy of the agreement (22.8(i)).

[[Varied by PR751079]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751079.pdf)

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

NOTE: Where an employee is receiving over-award payments such that the
employee’s base rate of pay is higher than the rate specified under this award, the


-----


employee is entitled to receive the higher rate while on a period of paid annual leave
[(see sections 16 and 90 of the Act).](http://www.legislation.gov.au/Series/C2009A00028)

**22.2** **Annual leave loading**

During a period of annual leave an employee must receive a loading of 17.5% on the
rate of pay they would have been entitled to receive for their ordinary hours had they
not been on such leave.

**22.3** **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 22.3 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 22.3 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 22.3, 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.

**22.4** **Excessive leave accruals: general provision**

NOTE: Clauses 22.4 to 22.6 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 22.5 sets out how an employer may direct an employee who has an
excessive leave accrual to take paid annual leave.

**(d)** Clause 22.6 sets out how an employee who has an excessive leave accrual may
require an employer to grant paid annual leave requested by the employee.


-----


**22.5** **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 22.4(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 22.5(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 22.4,
22.5 or 22.6 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 22.5(a) that is in effect.

**(d)** An employee to whom a direction has been given under clause 22.5(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 22.5(d) may
result in the direction ceasing to have effect. See clause 22.5(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.

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

**(a)** If an employee has genuinely tried to reach agreement with an employer under
clause 22.4(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
22.6(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 22.5(a) that,
when any other paid annual leave arrangements (whether made under
clause 22.4, 22.5 or 22.6 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 22.6(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 22.4, 22.5 or 22.6
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 22.6(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
22.6(a).

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

[[22.7 renamed and substituted by PR751079 ppc 01May23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr751079.pdf)

**(a)** Clause 22.7 applies if an employer:

**(i)** intends to shut down all or part of its operation for a particular period for
the purposes, among other things, of allowing annual leave to the
employees concerned or a majority of them (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 one month’s 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 22.7(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 22.7(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 22.7(d).

**(g)** In respect of any part of a temporary shutdown period which is not the subject
of a direction under clause 22.7(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 22.3.

**(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 22.3, to which an
entitlement has not been accrued, is to be taken into account.

**(j)** Clauses 22.4 to 22.6 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
22.7.

**22.8** **Cashing out of annual leave**

**(a)** Paid annual leave must not be cashed out except in accordance with an
agreement under clause 22.8.

**(b)** Each cashing out of a particular amount of paid annual leave must be the subject
of a separate agreement under clause 22.8.

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

**(d)** An agreement under clause 22.8 must state:

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

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

**(e)** An agreement under clause 22.8 must be signed by the employer and employee
and, if the employee is under 18 years of age, by the employee’s parent or
guardian.

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

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

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


-----


**(i)** The employer must keep a copy of any agreement under clause 22.8 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 22.8.

[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 22.8.

NOTE 3: An example of the type of agreement required by clause 22.8 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.

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 under the National Employment Standards (NES) (24). 
* Disputes about requests for extensions to unpaid parental leave can be addressed under clause 30—Dispute resolution and/or section 76B of the Fair Work Act (24).

[[24 varied by PR763271 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763271.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 30—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:**

* Community service leave is provided for under the National Employment Standards (NES).

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

Community service leave

**Family and domestic violence leave:**

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

**Confidentiality and Handling Information:**

* Information given to employers about an employee’s experience of family and domestic violence is sensitive.
* Mishandling this information can have adverse consequences for the employee.
* Employers must follow confidentiality requirements under section 106C of the Act and payslip regulations 3.47 and 3.48 of the Fair Work Regulations 2009.

**Evidence Requirements:**

* Depending on the circumstances, acceptable evidence for taking family and domestic violence leave may include:
  * A document issued by the police service.
  * A court document or family violence support service document.
  * A statutory declaration.

[[26—Unpaid family and domestic violence leave renamed and substituted by PR750550 ppc 15Mar23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr750550.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 holidays:**

* Public holidays are provided for in the National Employment Standards (NES) (27.1).
* All work performed on a public holiday is considered work in excess or outside of ordinary hours and will be paid or compensated for in accordance with clause 21—Overtime and penalty rates (27.2).

**Public holidays—process for substitution:**

* An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES (27.3(a)).
* An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES (27.3(b)).

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



[[Varied by PR747375]](https://www.fwc.gov.au/documents/awardsandorders/html/pr747375.htm)

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

**27.2** All work performed on a public holiday is deemed to be work in excess or outside of
ordinary hours of duty and will be paid or compensated for in accordance with clause
21—Overtime and penalty rates.

**27.3** **Public holidays—process for substitution**

**(a)** An employer and employee may agree to substitute another day for a day that
[would otherwise be a public holiday under the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

**(b)** An employer and employee may agree to substitute another part-day for a part[day that would otherwise be a part-day public holiday under the NES.](https://www.fwc.gov.au/documents/awards/resources/nes.pdf)

[[27.4 deleted by PR747375 ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/pr747375.htm)

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

[[Part 7—Consultation and Dispute Resolution renamed by PR774778 from 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr774778.pdf)

Public holidays

Leave and Public Holidays

**Major changes affecting employees:**

* If an employer decides to make significant changes in production, program, organisation, structure, or technology that are likely to have substantial effects on employees, the employer must:
  * Notify all affected employees and their representatives (if any) of the changes (28.1(a)).
  * Discuss with affected employees and their representatives (if any) the introduction of the changes, their likely effect on employees, and measures to avoid or reduce adverse effects on employees. Discussions must commence as soon as practicable after the decision has been made (28.1(b)-(c)).

* For these discussions, the employer must provide in writing all relevant information about the changes including their nature, expected effect on employees, and any other matters likely to affect employees. Confidential information that would harm the employer's interests does not need to be disclosed (28.2-28.3).

* The employer must consider any matters raised by employees or their representatives during the discussions (28.4).

**Significant effects on employees:**

* Significant effects on employees include:
  * Termination of employment (28.5(a)).
  * Major changes in the composition, operation, or size of the workforce or in the skills required (28.5(b)).
  * Loss or reduction of job or promotion opportunities (28.5(c)).
  * Loss or reduction of job tenure (28.5(d)).
  * Alteration of hours of work (28.5(e)).
  * Need for retraining or transfer to other work or locations (28.5(f)).
  * Job restructuring (28.5(g)).

* Changes to any matters defined in clause 28.5 as provided for in this award are not taken to have significant effect (28.6).


**28.1** 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.

**28.2** For the purposes of the discussion under clause 28.1(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.

**28.3** Clause 28.2 does not require an employer to disclose any confidential information if
its disclosure would be contrary to the employer’s interests.

**28.4** 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 28.1(b).

**28.5** In clause 28 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.

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

Consultation about major workplace change

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

* Clause 29 applies if an employer proposes to change the regular roster or ordinary hours of an employee, except for employees with irregular, sporadic or unpredictable working hours (29.1).
* The employer must consult with any affected employees and their representatives (if any) (29.2).

**Consultation process:**

* The employer must provide information about the proposed change to the affected employees and their representatives (if any), including details about the nature of the change and when it is to start (29.3(a)).
* The employer must invite the affected employees and their representatives (if any) to give their views on the impact of the proposed change, including any impact on family or caring responsibilities (29.3(b)).
* The employer must consider any views given by the employees or their representatives about the proposed change (29.4).

* Clause 29 should be read alongside any other provisions in the award relating to the scheduling of work or the giving of notice (29.5).


**29.1** Clause 29 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.

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

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

**(a)** provide to the employees and representatives mentioned in clause 29.2
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.

**29.4** The employer must consider any views given under clause 29.3(b).

**29.5** Clause 29 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:**

* Clause 30 outlines the procedures to follow if a dispute arises about a matter under this award or in relation to the NES (30.1).

**Initial resolution attempts:**

* The parties to the dispute must first attempt to resolve it through discussion between the concerned employee(s) and the relevant supervisor (30.2).
* If unresolved, the dispute must be escalated to more senior management at the workplace for timely resolution (30.3).

**Referral to Fair Work Commission:**

* If the dispute remains unresolved after following the steps in 30.2 and 30.3, a party may refer it to the Fair Work Commission (30.4).
* The parties may agree on the process for the Fair Work Commission, such as mediation, conciliation, and consent arbitration (30.5).
* If still unresolved, the Fair Work Commission may use any method of dispute resolution permitted by the Act (30.6).

**Representation:**

* A party to the dispute may appoint a person, organisation, or association to support and/or represent them (30.7).

**Work continuation during dispute:**

* While following the dispute procedures, work must continue in accordance with the award and the Act, and employees must comply with safe and appropriate work directions from the employer (30.8).
* Clause 30.8 is subject to any applicable work health and safety legislation (30.9).

**Additional notes:**

* There are additional dispute resolution procedures for the NES entitlement to request flexible working arrangements (section 65B of the Act) and to request an extension to unpaid parental leave (section 76B of the Act) (notes 1 and 2, PR763271).

[[Varied by PR763271]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763271.pdf)

**30.1** Clause 30 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)

**30.2** 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.

**30.3** If the dispute is not resolved through discussion as mentioned in clause 30.2, 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.

**30.4** If the dispute is unable to be resolved at the workplace and all appropriate steps have
been taken under clauses 30.2 and 30.3, a party to the dispute may refer it to the Fair
Work Commission.

**30.5** 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.

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

**30.7** 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 30.

**30.8** While procedures are being followed under clause 30 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.

**30.9** Clause 30.8 is subject to any applicable work health and safety legislation.

[[Note 1 inserted by PR763271 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763271.pdf)

NOTE 1: In addition to clause 30, 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 PR763271 ppc 01Aug23]](https://www.fwc.gov.au/documents/awardsandorders/pdf/pr763271.pdf)

NOTE 2: In addition to clause 30, 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

**Notice of termination by an employee:**

* Applies to all employees except those identified in sections 123(1) and 123(3) of the Act (31.1(a)).
* Employees must provide notice of termination based on their continuous service as specified in Table 1 (31.1(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 is defined as per section 117 of the Act (31.1(c)).
* Employers may deduct up to one week’s wages if employees aged at least 18 do not provide the required notice (31.1(d)).
* No deduction is allowed if the employer agrees to a shorter notice period (31.1(e)).
* Any deduction must not be unreasonable in the circumstances (31.1(f)).

**Job search entitlement:**

* Employees given notice of termination must be allowed up to one day off without loss of pay to seek other employment (31.2(a)).
* The time off should be taken at mutually convenient times after consultation with the employer (31.2(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)

**31.1** **Notice of termination by an employee**

**(a)** Clause 31.1 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 31.1(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 31.1(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 31.1(b), then no deduction can be made under clause 31.1(d).

**(f)** Any deduction made under clause 31.1(d) must not be unreasonable in the
circumstances.

**31.2** **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 31.2 is to be taken at times that are convenient to the
employee after consultation with the employer.

Termination of employment

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

* Applies if an employee is transferred to new duties with a lower ordinary rate of pay due to redundancy (32.1(a)).
* The employer can either:
  * Give the employee notice of the transfer at least the same length as the notice period required under section 117 of the Act (32.1(b)(i)); or
  * Transfer the employee to new duties without such notice but must pay the difference between the old and new ordinary rates of pay for the notice period not given (32.1(b)(ii), 32.1(c)).

**Employee leaving during redundancy notice period:**

* An employee can terminate their employment during the notice period if given notice of termination due to redundancy (32.2(a)).
* The employee is entitled to the benefits and payments they would have received if they had remained employed until the expiry of the notice period (32.2(b)).
* The employee is not entitled to be paid for any part of the period of notice remaining after employment ceases (32.2(c)).

**Job search entitlement:**

* Employees given notice of termination due to redundancy are entitled to up to one day off without loss of pay each week during the notice period to seek other employment (32.3(a)).
* Proof of attendance at interviews may be required if more than one day off is taken, and a statutory declaration is sufficient (32.3(b), 32.3(c)).
* Employees who fail to provide proof when required are not entitled to be paid for the time off (32.3(d)).
* This entitlement applies instead of clause 31.2 (32.3(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)

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

**(a)** Clause 32.1 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 32.1(c).

**(c)** If the employer acts as mentioned in clause 32.1(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.

**32.2** **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 32 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.

**32.3** **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 32.3(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 32.3(b).

**(d)** An employee who fails to produce proof when required under clause 32.3(b) is
not entitled to be paid for the time off.

**(e)** This entitlement applies instead of clause 31.2.


-----

Redundancy

Termination of Employment and Redundancy

**Definitions**

**Surveying**: The act or process of determining various properties of the earth's surface, such as form, contour, position, area, height, and depth. This includes the acquisition, management, interpretation, and analysis of data, as well as the portrayal and dissemination of derived information in various formats. Surveying also encompasses administration, management, technical support activities, and is applicable to relevant classifications listed in Schedule A—Classification Structure and Definitions (A.1.1, A.1.2).

**Surveyor**: An employee classified at Level 6 or above (A.1.2).

**Survey Technician**: An employee classified at Level 9, Level 8, or Level 7 (A.1.2).

**Survey Assistant**: An employee classified at Level 12, Level 11, or Level 10 (A.1.2).

**Or equivalent**: Refers to a qualification recognised as equivalent by a State Training Authority or Registered Training Organisation, or equivalent skill and knowledge gained through on-the-job experience and/or relevant training that can be assessed using competency standards and assessment procedures (A.1.3).

**Accreditation and Regulation**

* Registration under state or federal legislation is mandatory for specific types of surveying work (e.g., cadastral, mining, hydrographic surveying) unless responsibility is taken by a registered surveyor at that level (A.2.1).
* Duties requiring supervision by a Licensed/Registered Surveyor must have appropriate supervision as defined in Clause 2 (A.2.2).

**Level 12 – Survey Assistant Level I (82% relativity)**

A Survey Assistant Level I is an employee capable of working in a team environment and aware of safe work practices. This employee holds no relevant qualification but assists the surveyor or survey technician (A.3.1).

* Duties under supervision include assisting in field work, maintaining and cleaning basic field equipment, and performing general office duties (A.3.2).

**Level 11 – Survey Assistant Level II (90% relativity)**

A Survey Assistant Level II performs work above the skills of a Level I Survey Assistant and can work in a team environment with awareness of safe work practices. This employee has completed a Certificate II or equivalent (A.4.1).

* Duties under supervision include setting up surveying instruments, maintaining and cleaning basic survey instruments, reducing levels, and undertaking general office duties (A.4.2).

**Level 10 – Survey Assistant Level III (100% relativity)**

A Survey Assistant Level III performs work above the skills of a Level II Survey Assistant, shows initiative, and adapts as part of a team. This employee has completed 85% towards a Certificate III or equivalent (A.5.1).

* Duties under supervision include accurate measurement, assisting on field surveys, understanding and performing basic survey tasks under instruction, reducing basic field measurements, and maintaining and calibrating survey equipment (A.5.2).

**Level 9 – Survey Technician Level I (110% relativity)**

A Survey Technician Level I works in a team environment or under regular supervision and has a basic understanding of downloading field data into computers and basic keyboard skills. This employee has completed: 40% of an Advanced Diploma, 60% of a Diploma, 85% of a Certificate IV, or equivalent (A.6.1).

* Duties include competent reduction of levels, accurate transfer of survey information, basic plan preparation, accurate angular observation, efficient field techniques, data acquisition under immediate supervision, and accurate measurement (A.6.2).

**Level 8 – Survey Technician Level II (125% relativity)**

A Survey Technician Level II works at a higher skill level than a Level I Survey Technician and can use survey-based computer programs. This employee has completed: 50% of an Advanced Diploma, 85% of a Diploma, is an entry-level Professional Surveyor (3-year graduate), or equivalent (A.7.1).

* Duties include providing technical guidance, limited technical reports, limited engineering surveys, basic plan preparation under supervision, and survey computations (A.7.2).

**Level 7 – Surveying Technician Level III (130% relativity)**

A Surveying Technician Level III works above the skills of a Level II Survey Technician, with a knowledge of civil engineering, geology, and other relevant disciplines. This employee has completed: a Diploma, is a Professional Surveyor with a 4-year degree or 3-year degree plus one year of experience, or equivalent (A.8.1).

* Duties include providing technical guidance, preparing technical reports, assisting in on-the-job training, conducting surveys, preparing plans under supervision, survey computations, obtaining and interpreting survey information, and using survey-based computer programs (A.8.2).

**Level 6 – Surveyor Level I (135% relativity)**

A Surveyor Level I works above the skills of a Level III Surveying Technician with duties such as document research, field and office work under controlled supervision. This employee has completed: 80% of an Advanced Diploma, is a Professional Surveyor with a degree and experience, or equivalent (A.9.1).

* Duties include gathering and setting out field data, preparing work sheets, plan preparation, computation checks, staff training, equipment maintenance, and developing new techniques (A.9.2).

**Level 5 – Surveyor Level II (145% relativity)**

A Surveyor Level II performs surveys with required accuracy under the direction of a coordinator/Professional Surveyor and does not require supervision for daily tasks. This employee has completed: an Advanced Diploma, is a Professional Surveyor with a degree and relevant experience, or equivalent (A.10.1).

* Duties include interpreting survey information, making boundary adoptions for ratification, and preparing reports (A.10.2).

**Level 4 – Surveyor Level III (150% relativity)**

A Surveyor Level III performs complex surveying assignments requiring substantial judgement, and coordinates other field parties. This employee has completed: a 3 or 4-year degree, an Advanced Diploma with additional training to meet the classification definition, or equivalent (A.11.1).

* Duties include coordinating field parties, conducting field surveys, improving techniques, managing computer files, ensuring quality assurance, preparing detailed reports, representing the employer at meetings, and being technically competent (A.11.2).

**Level 3 – Surveyor Level IV (160% relativity)**

A Surveyor Level IV manages survey projects with mature judgement and maintains knowledge of relevant laws and technology. This employee works within broad guidelines requiring conformity with overall objectives and project targets. Includes a Licensed/Registered Surveyor qualification, though not mandatory (A.12).

* Duties include determining targets, improving team skills, conducting quality control checks, and completing necessary registration requirements (A.12.1).**Level 3 – Surveyor Level IV (160% relativity)**

A Surveyor Level IV means a surveyor who completes survey projects with a mature approach and works above a Level 4 – Surveyor Level III. Supervision is provided in terms of broad objectives to ensure targets are met. Employees at this level must maintain current knowledge of laws and technology relevant to surveying and work within broad guidelines conforming to project objectives, priorities, and stakeholder cooperation (A.12).

**A.12.1 Minimum training and requirements**

A Surveyor Level IV must complete:

* a 3 or 4-year degree; or
* an Advanced Diploma with additional training to meet classification requirements; or
* accredited education/training equivalent to a 3 or 4-year degree; or
* equivalent (A.12.1).

**A.12.2 Duties:**

* Coordinating field parties (A.12.2).
* Conducting professional-standard field surveys (A.12.2).
* Improving field and office techniques (A.12.2).
* Managing computer files and job flow (A.12.2).
* Ensuring quality assurance (A.12.2).
* Preparing detailed reports on survey results (A.12.2).
* Representing the employer at meetings (A.12.2).
* Being competent in their speciality (A.12.2).

**Level 2 – Surveyor Level V (180% relativity)**

Surveyor Level V is a senior surveyor with mature surveying knowledge and responsible for complex projects and some business development tasks. They coordinate difficult survey alignments and modify established approaches to solve problems. Duties include project resource allocation, supervision and coordination with minimal supervision, and liaising with local governments, government agencies, and clients (A.13).

**A.13.1 Minimum training and requirements**

A Surveyor Level V must complete:

* a 3 or 4-year degree; or
* additional accredited education/training equivalent to a 3 or 4-year degree; or
* equivalent (A.13.1).

**A.13.2 Duties:**

* Managing complex projects (A.13.2).
* Advanced project resource allocation, supervision, and coordination (A.13.2).
* Liaising with local governments, government agencies, and clients (A.13.2).
* Directing and coordinating the work of other professional surveyors (A.13.2).
* Supervising other professional and technical staff (A.13.2).

**Level 1 – Surveyor Level VI (210% relativity)**

Surveyor Level VI means a senior surveyor who performs professional surveying with considerable independence and ingenuity. They have knowledge of multiple fields of surveying or expertise in a particular field. Responsibilities include strategic business management and development, advanced resource allocation, supervision of staff and complex projects, and independent decision-making on surveying policies and technical functions (A.14).

**A.14.1 Minimum training and requirements**

A Surveyor Level VI must complete:

* a 3 or 4-year degree; or
* accredited education/training equivalent to a 3 or 4-year degree; or
* equivalent (A.14.1).

**A.14.2 Duties:**

* Performing advanced professional surveying tasks (A.14.2).
* Strategic business management and development (A.14.2).
* Advanced resource allocation and supervision of staff (A.14.2).
* Coordination and management of complex projects (A.14.2).
* Making independent decisions on surveying policies and technical functions (A.14.2).

**Professional surveyor—graduate**

A Professional surveyor—graduate is a surveyor who completed a course of studies approved by the Surveyor’s Board or the Surveying and Spatial Sciences Institute (A.15).

**A.15.1 Duties**

* Undertaking initial professional surveying tasks of limited scope and complexity (A.15.1(a)).
* Performing normal professional surveying work under supervision (A.15.1(b)).
* Assisting senior professional surveyors with tasks requiring accuracy (A.15.1(c)).
* Developing professional judgment and applying it to more difficult tasks over time (A.15.1(d)).
* Making decisions related to tasks performed based on precedents or defined procedures (A.15.1(e)).
* Work is reviewed by higher-level professional surveyors (A.15.1(f)).
* Assigning and checking the work of technical staff on a common project (A.15.1(g)).

**A.15.2 Progression to Level 3—Professional surveyor/Licensed surveyor**

The Professional surveyor—graduate progresses through increments upon attaining skills and demonstrating competence at the following levels:

* Graduate 3-year course:
  * Entry point: Survey Technician Level II (125% relativity) (Level 8)
  * Survey Technician Level III (130% relativity) (Level 7)
  * Surveyor Level I (135% relativity) (Level 6)
  * Surveyor Level II (145% relativity) (Level 5)
  * Surveyor Level III (150% relativity) (Level 4)

* Graduate 4-year course:
  * Entry point: Survey Technician Level III (130% relativity) (Level 7)
  * Surveyor Level I (135% relativity) (Level 6)
  * Surveyor Level II (145% relativity) (Level 5)
  * Surveyor Level III (150% relativity) (Level 4) 

**Relativities**

The percentage wage relativities to Level 10 reflect the percentages prescribed in the 1990 Re Metal Industry Award and the Land Surveyors General Award 1998. Minimum wages do not reflect these relativities due to some wage increases being expressed in dollar amounts, altering the relativities (A.16).


Classification Structure and Definitions

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

* Table showing the ordinary and public holiday rates in percentage and dollars for different levels, ranging from Level 12 to Level 1 (B.1.1).

| Level | Ordinary Hours ($) | Public Holiday ($) |
|-------|---------------------|--------------------|
| Level 12 | 24.10 | 60.25 |
| Level 11 | 25.41 | 63.53 |
| Level 10 | 27.17 | 67.93 |
| Level 9 | 28.87 | 72.18 |
| Level 8 | 31.14 | 77.85 |
| Level 7 | 31.78 | 79.45 |
| Level 6 | 32.63 | 81.58 |
| Level 5 | 34.34 | 85.85 |
| Level 4 | 35.20 | 88.00 |
| Level 3 | 36.74 | 91.85 |
| Level 2 | 40.16 | 100.40 |
| Level 1 | 45.28 | 113.20 |

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

* Table indicating overtime rates for Monday to Saturday (first 3 hours and after 3 hours), Sunday, and public holidays for different levels, ranging from Level 12 to Level 1 (B.1.2).

| Level | Monday to Saturday (First 3 hours) ($) | Monday to Saturday (After 3 hours) ($) | Sunday ($) | Public Holiday ($) |
|-------|---------------------------------------|--------------------------------------|-----------|--------------------|
| Level 12 | 36.15 | 48.20 | 48.20 | 60.25 |
| Level 11 | 38.12 | 50.82 | 50.82 | 63.53 |
| Level 10 | 40.76 | 54.34 | 54.34 | 67.93 |
| Level 9 | 43.31 | 57.74 | 57.74 | 72.18 |
| Level 8 | 46.71 | 62.28 | 62.28 | 77.85 |
| Level 7 | 47.67 | 63.56 | 63.56 | 79.45 |
| Level 6 | 48.95 | 65.26 | 65.26 | 81.58 |
| Level 5 | 51.51 | 68.68 | 68.68 | 85.85 |
| Level 4 | 52.80 | 70.40 | 70.40 | 88.00 |
| Level 3 | 55.11 | 73.48 | 73.48 | 91.85 |
| Level 2 | 60.24 | 80.32 | 80.32 | 100.40 |
| Level 1 | 67.92 | 90.56 | 90.56 | 113.20 |

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

* Table showing ordinary and public holiday rates in percentage and dollars for different levels, ranging from Level 12 to Level 1 (B.2).

| Level | Ordinary Hours ($) | Public Holiday ($) |
|-------|---------------------|--------------------|
| Level 12 | 30.13 | 75.31 |
| Level 11 | 31.76 | 79.41 |
| Level 10 | 33.96 | 84.91 |
| Level 9 | 36.09 | 90.22 |
| Level 8 | 38.93 | 97.31 |
| Level 7 | 39.73 | 99.31 |
| Level 6 | 40.79 | 101.97 |
| Level 5 | 42.93 | 107.31 |
| Level 4 | 44.00 | 110.00 |
| Level 3 | 45.93 | 114.81 |
| Level 2 | 50.20 | 125.50 |
| Level 1 | 56.60 | 141.50 |

[[Varied by PR718884, PR725207, PR729325, PR740749, PR762175, PR773953]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718884.htm)

### B.1 Full-time and part-time adult employees

**B.1.1** **Full-time and part-time employees—ordinary and penalty rates**

[[B.1.1 varied by PR718884, PR729325, PR740749, PR762175, PR773953 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718884.htm)

|Col1|Ordinary hours|Public holiday|
|---|---|---|
||% of minimum hourly rate||
||100%|250%|
||$|$|
|Level 12|24.10|60.25|
|Level 11|25.41|63.53|
|Level 10|27.17|67.93|
|Level 9|28.87|72.18|
|Level 8|31.14|77.85|
|Level 7|31.78|79.45|
|Level 6|32.63|81.58|
|Level 5|34.34|85.85|
|Level 4|35.20|88.00|
|Level 3|36.74|91.85|
|Level 2|40.16|100.40|
|Level 1|45.28|113.20|



**B.1.2** **Full-time and part-time employees—overtime rates**

[[B.1.2 varied by PR718884, PR729325, PR740749, PR762175, PR773953 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718884.htm)

|Col1|Monday to Saturday|Col3|Sunday|Public holiday|
|---|---|---|---|---|
||first 3 hours|after 3 hours|||
||% of minimum hourly rate||||
||150%|200%|200%|250%|
||$|$|$|$|
|Level 12|36.15|48.20|48.20|60.25|
|Level 11|38.12|50.82|50.82|63.53|
|Level 10|40.76|54.34|54.34|67.93|
|Level 9|43.31|57.74|57.74|72.18|
|Level 8|46.71|62.28|62.28|77.85|


-----


|Col1|Monday to Saturday|Col3|Sunday|Public holiday|
|---|---|---|---|---|
||first 3 hours|after 3 hours|||
||% of minimum hourly rate||||
||150%|200%|200%|250%|
||$|$|$|$|
|Level 7|47.67|63.56|63.56|79.45|
|Level 6|48.95|65.26|65.26|81.58|
|Level 5|51.51|68.68|68.68|85.85|
|Level 4|52.80|70.40|70.40|88.00|
|Level 3|55.11|73.48|73.48|91.85|
|Level 2|60.24|80.32|80.32|100.40|
|Level 1|67.92|90.56|90.56|113.20|



### B.2 Casual adult employees—ordinary and penalty rates

[[B.2 varied by PR718884, PR725207, PR729325, PR740749, PR762175, PR773953 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/PR718884.htm)

|Col1|Ordinary hours|Public holiday|
|---|---|---|
||% of minimum hourly rate||
||125%|312.5%|
||$|$|
|Level 12|30.13|75.31|
|Level 11|31.76|79.41|
|Level 10|33.96|84.91|
|Level 9|36.09|90.22|
|Level 8|38.93|97.31|
|Level 7|39.73|99.31|
|Level 6|40.79|101.97|
|Level 5|42.93|107.31|
|Level 4|44.00|110.00|
|Level 3|45.93|114.81|
|Level 2|50.20|125.50|
|Level 1|56.60|141.50|


-----

Summary of Hourly Rates of Pay

**Wage-related allowances:**

* There are no wage-related allowances in this award (C.1).

**Expense-related allowances:**

* **Meal allowance:** $15.56 for more than 2 hours’ overtime after usual finishing time or more than 4 hours’ work on Sunday or public holiday, payable per first and/or subsequent rest break (19.2(a) and 19.2(b)).
* **Vehicle allowance:** $0.98 per km for using own vehicle (19.7) (C.2.1).

**Adjustment of expense-related allowances:**

* Adjustments to expense-related allowances occur at the time of any standard rate adjustment, increasing by the relevant adjustment factor, which is the percentage movement in the applicable index figure published by the Australian Bureau of Statistics (C.2.2(a)).
* The applicable index figures are:
    * Meal allowance: Take away and fast foods sub-group.
    * Vehicle allowance: Private motoring sub-group (C.2.2(b)).

[[Varied by PR719037, PR729510, PR740916, PR762342, PR774121]](https://www.fwc.gov.au/documents/awardsandorders/html/pr719037.htm)

See clause 19—Allowances for full details of allowances payable under this award.

### C.1 Wage-related allowances

There are no wage-related allowances in this award.

### C.2 Expense-related allowances

[[C.2.1 varied by PR719037, PR729510, PR740916, PR762342, PR774121 ppc 01Jul24]](https://www.fwc.gov.au/documents/awardsandorders/html/pr719037.htm)

**C.2.1** The following expense-related allowances will be payable to employees in accordance
with clause 19—Allowances:

|Allowance|Clause|$|Payable|
|---|---|---|---|
|Meal allowance—more than 2 hours’ overtime after usual finishing time|19.2(a)|15.56|per first and/or subsequent rest break|
|Meal allowance—more than 4 hours’ work on Sunday or public holiday|19.2(b)|15.56|per first and/or subsequent rest break|
|Vehicle allowance—using own vehicle|19.7|0.98|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 allowance|Private motoring sub-group|


-----

Summary of Monetary Allowances

**School-based apprentices: (D.1)**

**Training agreement:** 

* School-based apprentices may undertake apprenticeships in the trades covered by this award under a training agreement or contract recognised by the State or Territory authority (D.2).

**Wages and off-the-job training:**

* The relevant minimum wages for full-time junior and adult apprentices apply to school-based apprentices, calculated hourly for total hours worked, including off-the-job training (D.3).
* For full-time school students, the time spent in off-the-job training is 25% of the actual hours worked each week on-the-job. The wages for training time may be averaged over the semester or year (D.4).
* School-based apprentices must have the same amount of time to attend off-the-job training as equivalent full-time apprentices (D.5).
* Off-the-job training refers to structured training delivered by a Registered Training Organisation, separate from normal work duties (D.6).

**Duration and progression:**

* The duration of the apprenticeship must not exceed 6 years (D.7).
* School-based apprentices progress through the wage scale at the rate of 12 months for each 2 years of employment (D.8).
* The apprentice wage scales reflect a standard 4-year full-time apprenticeship, with progression based on the average rate of skill acquisition for school-based apprentices (D.9).
* If an apprentice converts from school-based to full-time, all time spent as a full-time apprentice counts towards progression through the wage scale, in addition to progress made as a school-based apprentice (D.10).

**Entitlements:**

* School-based apprentices are entitled pro rata to all other conditions in the 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.

**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). 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, 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

**Conditions for employees with disabilities:**

* This schedule defines the conditions for employees with disabilities who are eligible for a supported wage under this award (E.1).

**Key definitions:**

* Approved assessor: An accredited person by the Commonwealth's supported wage system management unit (E.2).
* Assessment instrument: Tool that records the productive capacity assessment under the supported wage system (E.2).
* Disability support pension: Commonwealth pension scheme for persons with a disability, as per Social Security Act 1991 (Cth) or any successor (E.2).
* Relevant minimum wage: Minimum wage in the award for the class of work (E.2).
* Supported wage system (SWS): System to promote employment for those who cannot work at full award wages due to disability, detailed in the Supported Wage System Handbook available at www.jobaccess.gov.au (E.2).
* SWS wage assessment agreement: Document from the Department of Social Services recording employee's productive capacity and agreed wage rate (E.2).

**Eligibility criteria:**

* Applies to employees unable to perform duties at the competence level required due to disability and who meet the impairment criteria for a disability support pension (E.3.1).
* Does not apply to employees with a workers' compensation claim or those covered by rehabilitation provisions in this award (E.3.2).

**Supported wage rates:**

* Employees receive a percentage of the relevant minimum wage based on assessed capacity (E.4.1).
* Minimum amount payable is not less than $106 per week (E.4.2).
* Employees with 10% assessed capacity must receive high assistance and support (E.4.3).

**Assessment of capacity:**

* Employee's productive capacity is assessed under the SWS by an approved assessor, in consultation with employer and employee, and possibly a union (E.5.1).
* Assessments must be documented in an SWS wage assessment agreement and retained as a time and wages record (E.5.2).

**Lodgement of SWS wage assessment agreement:**

* Agreements must be lodged with the Fair Work Commission and agreed and signed by employee and employer (E.6.1, E.6.2).
* If a union has an interest in the award but is not a party to the assessment, the assessment will be referred to the union. The agreement will take effect unless an objection is notified within 10 working days (E.6.2).

**Review of assessment:**

* The assessment of the applicable percentage must be reviewed annually or more frequently upon reasonable request (E.7).

**Other terms and conditions of employment:**

* Employees covered by this schedule are entitled to the same terms and conditions of employment as other workers, on a pro rata basis (E.8).

**Workplace adjustment:**

* Employers must take reasonable steps to adjust the workplace and enhance the employee's capacity to do the job, including re-design of job duties, working time arrangements, and work organisation (E.9).

**Trial period:**

* Employers may employ a person under this schedule for a trial period not exceeding 12 weeks, with possible additional work adjustment time of up to 4 weeks (E.10.1).
* During the trial period, the employee's capacity will be assessed and the percentage of the relevant minimum wage determined (E.10.2).
* Employees must be paid at least $106 per week during the trial period (E.10.3).
* Work trials should include appropriate induction or training (E.10.4).
* Upon completion of the trial period, a further contract of employment will be entered based on assessment outcome (E.10.5).

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

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

**E.2** In this schedule:

**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

**Agreement for Time Off Instead of Payment for Overtime (TOIL):**

* The document outlines an agreement between an employer and an employee for taking time off instead of receiving payment for overtime worked.

**Details to be included in the agreement:**

* Name of the employee and employer.
* Date and time when the overtime started and ended.
* Total amount of overtime worked, recorded in hours and minutes.

**Conditions:**

* The employer must comply with any request by the employee to be paid for the overtime covered by this agreement if the time off has not been taken. Payment must be made at the overtime rate applicable at the time the overtime was worked and should be done in the next pay period after the request.

**Signatures and Dates:**

* The employee's signature and date of signing.
* Name of the employer's representative signing the agreement.
* Signature and date of the employer's representative.

[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 (Leave in Advance Agreement):**

* The document outlines an agreement between an employer and an employee for taking paid annual leave before it has been accrued.

**Details to be included in the agreement:**

* Name of the employee and employer.
* The amount of leave to be taken in advance, recorded in hours or days.
* The start date for the leave in advance.

**Conditions:**

* If the employee is under 18 years of age, parental/guardian consent is required. The parent/guardian must agree that, if the employee’s employment is terminated without having accrued the full entitlement to the leave taken in advance, the employer may deduct the equivalent amount from any money due to the employee on termination.

**Signatures and Dates:**

* The employee's signature and date of signing.
* Name of the employer's representative signing the agreement.
* Signature and date of the employer's representative.
* If applicable, the signature and date of the parent/guardian providing consent.

[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 (Cash Out Agreement):**

* The document outlines an agreement between an employer and an employee for cashing out a portion of the employee's accrued paid annual leave.

**Details to be included in the agreement:**

* Name of the employee and employer.
* The amount of leave to be cashed out, recorded in hours or days.
* The payment amount for the cashed-out leave, with an option to specify before or after income tax deduction (strike out non-applicable).
* The payment date when the money will be paid to the employee.

**Signatures and Dates:**

* The employee's signature and date of signing.
* Name of the employer's representative signing the agreement.
* Signature and date of the employer's representative.
* If applicable, the signature and date of the parent/guardian providing consent.

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

**Note:**

[[Schedule I—Part-day Public Holidays deleted by PR747375 ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/pr747375.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 PR722193, PR723053; deleted by PR742720 ppc 17Jun22]](https://www.fwc.gov.au/documents/awardsandorders/html/PR722193.htm)

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

Name of employee: _____________________________________________

Name of employer: _____________________________________________

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

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

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

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

Signature of employee: ________________________________________

Date signed: ___/___/20___

Name of employer representative: ________________________________________

Signature of employer representative: ________________________________________

Date signed: ___/___/20___

_Include if the employee is under 18 years of age:_

Name of parent/guardian: ________________________________________

Signature of parent/guardian: ________________________________________

Date signed: ___/___/20___


-----


[[Schedule I—Part-day Public Holidays deleted by PR747375 ppc 14Nov22]](https://www.fwc.gov.au/documents/awardsandorders/html/pr747375.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 PR722193, PR723053; deleted by PR742720 ppc 17Jun22]](https://www.fwc.gov.au/documents/awardsandorders/html/PR722193.htm)


-----

Agreement to Cash Out Annual Leave

Schedule

The Surveying Award 2020 covers employers throughout Australia who employ professional surveyors and other employees in the classifications listed in Schedule A. Professional surveyors include Graduate surveyors, Licensed/Registered surveyors, and other Professional surveyors not requiring formal registration.

Surveying 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 and Penalty Rates

PART 6

Leave and Public Holidays

PART 7

Workplace Delegates, Consultation and Dispute Resolution

PART 8

Termination of Employment and Redundancy

Schedule