comparison of the local government (state) award 2014 … · award 2014 with representative federal...

Comparison of the Local Government (State)

Award 2014 with representative federal and state

awards

This research paper has been prepared as a result of Motion 11, carried at the LGNSW Annual Conference 2014.

Table of Contents Disclaimer ............................................................................................................................. 4

Glossary................................................................................................................................ 5

Executive Summary .............................................................................................................. 6

The legislative and contextual framework of awards ............................................................. 7

Awards in the New South Wales local government context ............................................... 8

Introduction: Coverage .......................................................................................................... 9

Context .............................................................................................................................. 9

Broad coverage of the LG Award....................................................................................... 9

What if the facility is deemed to be a national system employer? .................................... 10

List of comparator awards ............................................................................................... 11

Modern Awards ............................................................................................................ 11

State Awards ............................................................................................................... 11

1. Ordinary Hours ................................................................................................................ 13

Ordinary hours under Modern Awards ............................................................................. 13

Ordinary hours under State Awards ................................................................................. 14

Concluding observations ................................................................................................. 14

2. Casuals ........................................................................................................................... 15

Casual employees under Modern Awards ....................................................................... 15

Casual employees under State Awards ........................................................................... 16


3. Notice of termination and severance pay (redundancy) ................................................... 17

Notice of termination and severance pay under Modern Awards ..................................... 17

Notice of termination and severance pay under State Awards ......................................... 18


4. Leave .............................................................................................................................. 20

Leave under Modern Awards ........................................................................................... 20

Personal/Carer’s/Compassionate leave ....................................................................... 20

Annual leave ................................................................................................................ 21

Parental leave (paid and unpaid) ................................................................................. 21

Long service leave ....................................................................................................... 22

Leave under State Awards .............................................................................................. 22

Sick Leave ................................................................................................................... 22

Annual leave ................................................................................................................ 23

Parental leave (paid and unpaid) ................................................................................. 23

Long service leave ....................................................................................................... 24

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5. Shift Penalties ................................................................................................................. 25

Shift penalties under Modern Awards .............................................................................. 25

Shift penalties under State Awards .................................................................................. 26


6. Weekend Penalties ......................................................................................................... 27

Weekend penalties under Modern Awards ...................................................................... 27

Weekend penalties under State Awards .......................................................................... 27


7. Overtime ......................................................................................................................... 29

Overtime under Modern Awards ...................................................................................... 29

Overtime under State Awards .......................................................................................... 30


8. Wage Rates .................................................................................................................... 31

Approach to analysis ....................................................................................................... 31

9. A Practical Example ........................................................................................................ 33

Employee A (the Labourer) – LG Award and the Building Award ................................. 33

Employee A (the Labourer) – LGIA and LG Award ....................................................... 34

Employee A’s gross pay under the LG Award, the Building Award and the LGIA ......... 36

Conclusions ........................................................................................................................ 38

Ordinary hours ............................................................................................................. 38

Casual employees ....................................................................................................... 38

Notice of termination and severance pay (redundancy) ................................................ 38

Leave ........................................................................................................................... 38

Shift penalties .............................................................................................................. 39

Weekend penalties ...................................................................................................... 39

Overtime ...................................................................................................................... 39

Wage rates .................................................................................................................. 39

Where to from here? ........................................................................................................... 40

HR Advance ................................................................................................................. 40

LGNSW Learning Solutions ......................................................................................... 40

Annexure A – Ordinary hours .............................................................................................. 45

Annexure B – Casual Employment (minimum engagement and loading) ............................ 49

Annexure C – Notice of Termination and Severance Pay Provisions .................................. 52

Annexure D – Leave provisions .......................................................................................... 59

Personal/Carer’s Leave (including sick leave) ................................................................. 59

Annual leave.................................................................................................................... 62

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Parental leave (paid and unpaid) ..................................................................................... 67

Long service leave........................................................................................................... 73

Annexure E – Shift Penalties ............................................................................................... 77

Annexure F – Weekend Penalty Rates ............................................................................... 83

Annexure G – Overtime Rates ............................................................................................ 87

Annexure H – Rates of Pay ................................................................................................. 90

Appendix A – Selecting the representative state and federal awards .................................. 93

Selecting the representative state awards ....................................................................... 93

Selecting the representative federal awards .................................................................... 93

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Disclaimer

This document has been produced by Local Government New South Wales (LGNSW) for

the purpose of providing information to members. LGNSW, its officers and employees are

not responsible for the results of any actions taken on the basis of information provided in

this document, nor for any error or omission arising from this document. The material in this

document should not be relied upon as constituting professional advice. It is the

responsibility of the user to make enquires about the correctness of the information found in

this document.

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Glossary

“FW Act” means the Fair Work Act 2009 (Cth)

“IR Act” means the Industrial Relations Act 1996 (NSW)

“LG Award” means the Local Government (State) Award 2014

“LG Electricians Award” means the Local Government (Electricians) (State) Award

“LGIA” means the Local Government Industry Award 2010

“LGNSW” means Local Government NSW

“LSL” means long service leave

“LSL Act” means the Long Service Leave Act 1955 (NSW)

“NES” means the National Employment Standards provided for in Part 2-2 of the FW Act

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Executive Summary

LGNSW has prepared a research paper comparing the provisions of the LG Award with

eight (8) state awards and twenty seven (27) federal awards. The award provisions

examined are listed below and the methodology associated with selecting the representative

comparator awards is listed in Appendix A.

Award conditions examined:

● Ordinary hours (daily maximum and span)

● Casual employees (minimum engagement and casual loading)

● Notice of termination and severance pay (redundancy)

● Leave (specifically annual leave, sick leave, long service leave and parental leave)

● Shift penalties

● Weekend penalties

● Overtime

● Wage rates

The chapter analysis on each award condition should be read in addition to the

corresponding Annexure (which contains the raw data). Generally, the state awards have

higher wage rates and provide additional benefits such as paid parental leave and in some

cases, earlier access to long service leave. The federal awards have higher shift penalties

and provide additional benefits such as annual leave loading and minimum engagement

periods. The state and federal awards have similar weekend penalty rates and overtime

rates.

Whilst the LG Award has higher entry level wage rates than the federal awards, it has lower

rates than the Crown employees awards***, which cannot cover local government

employees (just as most federal awards cannot) and therefore have not been included in this

analysis.

*** When compared to the: o Crown Employees (Administrative and Clerical Officers - Salaries) Award 2007; o Crown Employees (Senior Officers Salaries) Award 2012; o Crown Employees (General Staff - Salaries) Award 2007; and o Crown Employees (Research Scientists) Award 2007.

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The legislative and contextual framework of awards

In Australian employment law, an award is a category of industrial instrument that sets out

the minimum conditions for most workers in the Australian workforce. Awards regulate the

terms of employment for specified categories of workers who fall within the scope of that

award.

Awards have been in place at a Federal level since 1904. Awards cover workers across

multiple employers in a particular sector, industry or occupation and regulate the minimum

conditions of those workers. Awards are made by either a state or federal industrial tribunal

upon application from industrial parties, such as a union or employer group. Once awards

are made, they are legally enforceable.

Determining award coverage of an employee was often difficult due to the coverage of an

industry being split between a number of overlapping and competing federal and state

awards. This issue was alleviated through law reform that commenced in 2005 (detailed

below).

In 2005, the Federal government made amendments to the federal workplace laws, (the

Workchoices amendments), to dramatically increase the scope of their power across the

Australian workforce. These changes sought to cover any employee of a corporation. This

law was challenged unsuccessfully by the State governments in the case of New South

Wales v Commonwealth [2006] HCA 52.

One of the results of the introduction of the ‘Workchoices’ amendments was that most

employees were now covered by the federal system of industrial relations laws. Any state

awards that had previously covered these employees before the transition became classified

as ‘notional agreements preserving State awards’ for a limited transition period before they

expired. From that point, these transitioned employees’ minimum standards would be

covered by an applicable federal instrument or, if there was no such instrument, the

legislation.

Another result of this legislation was that for the first time, some of the minimum standards of

employment were provided directly in statute through five (5) Australian Fair Pay and

Conditions Standards, rather than by award. The law also created a number of restrictions

on the permissible contents of an award to fifteen (15) matters.

Reform into award coverage continued in 2008, when the Federal government abolished

some parts of the previous workplace legislation, in particular most aspects of the

Workchoices amendments. However, the Federal government kept the broadened scope of

the federal legislation in place, and sought to broaden the coverage further with the consent

of the states.

As a result, every state except Western Australia referred their powers to making laws on

industrial relations matters to the Commonwealth, with the exception of State government

agencies and in some cases local government authorities. NSW was one of the states that

did not refer its industrial relations law making powers with respect to local government. As a

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result, local government in NSW is covered by the state industrial system, including state

system awards.

Another reform that the Federal government introduced was the award modernisation

process. This process involved utilising the federal industrial relations tribunal to consolidate

around fifteen hundred (1500) former federal and state awards into one hundred and twenty

two (122) new federal awards, called modern awards.

Unlike previous awards, the modern awards were formulated by the industrial relations

tribunal with input from interested parties, as opposed to the previous practice of a party

making an application for an award and the tribunal determining that application. As a result

of this process, the difficulties of determining award coverage at a federal level have been

reduced. Minimum conditions of existing federal awards and ‘notional agreements

preserving State awards’ were phased out over a number of years, concluding finally in

2014.

In addition, the Australian Fair Pay and Conditions Standards were abolished and replaced

with the NES. The NES continues the same logic as the Australian Fair Pay and

Conditions Standards by moving the regulation of certain minimum standards to statute

rather than awards (the NES is contained in Part 2.2 of the FW Act). As a result, the

modern awards simply reference the NES while the NES actually regulates entitlements;

including annual leave, personal (sick) leave, unpaid parental leave, notice of termination

and severance pay.

Awards in the New South Wales local government context

The awards in local government in NSW have been predominately state based. Before 1992,

local government employees in NSW were covered by a number of classification based

awards. In 1989, the parties to these various awards signed a Joint Statement of Intent, which

committed these parties to undertaking a restructure of the industry awards, with a particular

focus on rationalising the various award provisions, use of skills in the industry and award

coverage.

Most of the provisions of the various local government awards were consolidated into the

one instrument, the Local Government (State) Award 1992, which came into operation on 8

June 1992.

Major changes included abolishing approximately four hundred (400) classifications from

the various awards to create a skills based structure of fifteen (15) levels over four (4)

bands; incorporating skill related allowances, and the inclusion of a training clause. A

number of other matters such as leave and expenses related allowances were maintained

in the former awards until they too were consolidated in the Local Government (State)

Award 1995.

From this point, almost all employees in local government in NSW are covered by the

successors of the Local Government (State) Award 1992, unless the employee is subject to

the specific exceptions provided for in that award (detailed in later chapters) or a state

enterprise agreement.

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Subsequently, the local government industrial parties have negotiated the terms of the

successive consolidated local government awards approximately every three (3) to four (4)

years. After negotiations, the local government industrial parties have applied, by consent, to

the New South Wales Industrial Relations Commission for approval of the awards created in

these negotiations.

Introduction: Coverage

Context

This review analysed a number of award conditions under twenty seven (27) modern awards

and nine (9) state awards. The purpose of this analysis is to compare these conditions under

the LG Award with other awards. However, the modern awards examined in this review have

limited applicability to councils. Where a council is not a national system employer, staff

employed at that council will either be covered by a state award, a state enterprise

agreement or be award free.

Broad coverage of the LG Award

Sub-clause 43(ii) of the LG Award defines the local government industry as covering

‘activities undertaken by local government entities, including activities undertaken by

corporations controlled by one or more local government entities’. Sub-clause 43(iii) of the

LG Award lists a number of exemptions to the coverage of the award, where other industrial

instruments cover employees that would otherwise be covered by the award. In addition to

these exemptions, employees covered by an enterprise agreement would also be excluded

from coverage under the LG Award.

Sub-clause 43(iii) states that:

(iii) This Award does not cover those employers and employees:

(a) whose positions are determined pursuant to s 332 of the Local Government Act 1993 (NSW) to

be senior staff positions;

(b) covered by the Local Government (Electricians) State Award;

(c) covered by the Nursing Home &c Nurses (State) Award;

(d) covered by the Charitable Sector Aged and Disability Care Services (State) Award 2003;

(e) covered by the Charitable, Aged and Disability Care Services (State) Award;

(f) covered by the Miscellaneous Workers Home Care Industry (State) Award;

(g) employed by The City of Sydney;

(h) employed by Wollongong City council;

(i) employed by Broken Hill City council (that being the County of Yancowinna);

(j) employed by Newcastle City council and covered by the Entertainment and Broadcasting

Industry – Live Theatre and Concert (State) Award;

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(k) employed by the Moree Artesian Aquatic Centre and principally engaged in the duties of the

MAAC Ltd Wellness Centre within the premises known as the MAAC Ltd; and

(l) employed by Newcastle Airport Pty Limited.

What if the facility is deemed to be a national system employer?

Incorporated local government entities (e.g. Ripples Leisure Centre) are considered national

system employers by default under section 14(1) (‘Meaning of National System Employer’)

of the FW Act.

In NSW, for a corporation to be classified as a non-national system employer, the NSW

Minister for Industrial Relations must declare that employer to be a non-national system

employer under section 11A of the IR Act. This declaration must also be endorsed by the

Federal Minister for Employment under section 14(2) of the FW Act. If a corporation is

endorsed as a non-national system employer, then the provisions of the LG Award will apply

(subject to the exceptions in clause 43(iii) and with the exception of employees covered by

an enterprise agreement).

If an entity or corporation is deemed to be a national system employer, the council will be

required to engage employees under the LGIA as opposed to any other modern award (see

clause 4.1 of the LGIA, below), subject to a number of exceptions (see clause 4.3 of the

LGIA, below).

Clause 4.1 of the LGIA states that:

‘This industry award covers employers throughout Australia in the local government

industry and their employees to the exclusion of any other modern award’.

‘Local government industry’ means all activities undertaken by local government entities, including activities undertaken by corporations controlled by one or more local government entities. A corporation is controlled by one or more local government entities if one or more local government entities have the capacity to determine the outcome of decisions about the corporation’s financial and operating policies.

Clause 4.3 of the LGIA does however list a number of exemptions to the coverage of the

award, where other industrial instruments would cover employees that would otherwise be

covered by the award. In addition to these exemptions, employees in the federal local

government industry covered by an enterprise agreement would also be excluded from

coverage under the LGIA.

4.3 This award does not cover: (a) the chief executive officer of a local government entity, however described; (b) nurses engaged in accordance with the Nurses Award 2010; (c) doctors engaged in accordance with the Medical Practitioners Award 2010; (d) early childhood teachers (university qualified) engaged in under the Educational Services

(Teachers) Award 2010; (e) early childhood assistants engaged under the Educational Services (Schools) General Staff

Award 2010; or

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(f) local government associations and their employees.

List of comparator awards

Modern Awards

Local government entities that are national system employers are covered by the LGIA, and

must engage employees under this award, unless one of the exemptions set out in clause

4.3 of the LGIA applies (highlighted in green below) or the entity is covered by an enterprise

agreement made under the FW Act.

Aged Care Award 2010

Airport Employees Award 2010

Amusement, Events & Recreation Award 2010

Banking, Finance and Insurance Award 2010

Building & Construction General On-Site Award 2010

Car Parking Award 2010

Cemetery Industry Award 2010

Children’s Services Award 2010

Cleaning Services Award 2010

Clerks – Private Sector Award 2010

Educational Services (Teachers) Award 2010

Fitness Industry Award 2010

Health Professionals & Support Services Award 2010

Horticulture Award 2010

Hospitality Industry (General) Award 2010

Live Performance Award 2010

Local Government Industry Award 2010

Marine Tourism and Charter Vessels Award 2010

Medical Practitioners Award 2010

Nursery Award 2010

Nurses Award 2010

Professional Employees Award 2010

Quarrying Award 2010

SCHC & Disability Services Industry Award 2010

Surveying Award 2010

Waste Management Award 2010

Water Industry Award 2010

State Awards

The awards highlighted in green are listed as exemptions in sub-clause 43(iii) of the LG

Award. The LG Award does not cover those employees who are covered by other state

awards listed in clause 43(iii) and highlighted in green below. In any other instance, local

government entities would be covered by the LG Award (unless an enterprise agreement

applies), subject to the below exemption(s).

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Charitable, Aged & Disability Care Services (State) Award

Charitable Institutions (Professional Paramedic Staff) (State) Award

Charitable Sector Aged & Disability Care Services (State) Award 2003

Entertainment & Broadcasting Industry – Live Theatre & Concert (State) Award***

Health, Fitness & Indoor Sport Centres (State) Award

Nurses Other Than In Hospitals &c (State) Award 2006

Nursing Homes, &c., Nurses’ (State) Award

Local Government (State) Award 2014

Local Government (Electricians) (State) Award

*** The exception is employees employed by Newcastle City Council who are covered by the

Entertainment & Broadcasting Industry – Live Theatre & Concert (State) Award. These employees are

covered by this award and not the LG Award: see the exception in sub-clause 43(iii)(j) of the LG

Award.

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1. Ordinary Hours

Ordinary hours have three significant features:

- The daily maximum;

- The span; and

- The spread.

An award might provide for a daily maximum of eight (8) hours per day, to be performed

between 6am to 6pm, Monday to Sunday. Hours in excess of eight (8) per day, or hours

performed outside the span or spread, give rise to overtime.

Where an award provides for a shorter daily maximum, this will restrict the number of

ordinary hours an employee can work before becoming entitled to overtime rates. This also

applies in the case of the span of ordinary hours. For example, if a council operates from

6am to 6pm and was covered by an award that provides an 8am to 6pm span, that council

would be subject to shift penalties to account for their extended opening hours. By contrast,

where the award provides for a 6am to 6pm span, the council may be able to avoid paying

overtime rates.

Ordinary hours under Modern Awards

The daily maximum under the twenty seven (27) modern awards generally varies between

7.6 and twelve (12) hours per day. Some of the more restrictive daily maximums are found

in the Car Parking Award 2010 and the Cleaning Services Award 2010. Some of the less

restrictive daily maximums are found in the Airport Employees Award 2010 and the

Children’s Services Award 2010.

There are four (4) modern awards that may cover local government entities:

● Educational Services (Teachers) Award 2010

● Local Government Industry Award 2010

● Medical Practitioners Award 2010

● Nurses Award 2010

Of the above awards, the most restrictive daily maximum is ten (10) hours under the Nurses

Award 2010. One of the less restrictive daily maximums is ‘nil’ under the Medical

Practitioners Award 2010, however employees must have eight (8) hours off between

successive periods of duty.

The LGIA provides for a daily maximum of ten (10) hours, except where by agreement

between employee and employer, the employee may work up to a maximum of twelve (12)

ordinary hours per day.

Some of the less restrictive spans are in the Fitness Industry Award 2010 and the

Amusement, Events and Recreation Award 2010. In the case of the latter award, however,

which operates continuously, Monday to Sunday, the span is restricted in part by a daily

maximum of eight (8) hours. Some of the more restrictive spans are in the Building and

Construction General On-Site Award 2010 (which operates between 7am to 6pm, Monday to

14

Friday) and the Quarrying Award 2010 (which operates between 6:30am to 6pm, Monday to

Friday)

Of the four (4) modern awards that incorporated local government entities may have

coverage under, all provide for a 6am to 6pm Monday to Friday span, with the LGIA also

providing for a Monday to Sunday span depending on the employee’s function. The

exception is the Educational Services (Teachers) Award 2010, which allows for the ordinary

hours to be averaged over a period of twelve (12) months due to the function of the

employees engaged under that award.

Ordinary hours under State Awards

The daily maximum under the nine (9) state awards varies between eight (8) hours and

twelve (12) hours per day. Some of the more restrictive daily maximums are found in the

Nurses Other Than In Hospitals &c (State) Award 2006 and the Health, Fitness & Indoor

Sport Centres (State) Award (the latter only in the case of casual employees). Some of the

less restrictive daily maximums are found in the LG Award and the LG Electricians Award.

Of the nine (9) state awards examined, there are four (4) that local government entities could

engage employees under, unless an enterprise agreement or one of the other exemptions

discussed in the introductory chapters of this paper applies. In any other instance, local

government entities would be covered by the LG Award.

● Charitable, Aged & Disability Care Services (State) Award

● Charitable Sector Aged & Disability Care Services (State) Award 2003

● Nursing Homes, &c., Nurses’ (State) Award

● Local Government (State) Award 2014

● Local Government (Electricians) (State) Award

Of the above five (5) state awards, the Charitable and Nursing Homes Awards have ten (10)

hour daily maximums. The LG Award and LG Electricians Award have less restrictive twelve

(12) hour daily maximums.

In terms of spans, the Charitable Awards are more restrictive and provide a shift start time

(on or after 6am or 10:30am, Monday to Friday). The Entertainment & Broadcasting Industry

– Live Theatre & Concert (State) Award is less restrictive and provides a 7am to midnight,

Monday to Sunday, span.

Of the above listed five (5) state awards, the LG Award has the least restrictive span,

providing that ordinary hours can be performed between 6am to 6pm, Monday to Sunday, in

all but a few functions.

Concluding observations

Both the LG Award and LGIA have less restrictive daily maximums (the LG Award being

slightly less restrictive). The spans for ordinary hours are generally more restrictive under

state awards than modern awards. Of the state awards, the LG Award is generally less

restrictive.

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2. Casuals

Casual employees have distinct employment conditions which are usually set out in awards.

One feature is the ‘minimum engagement’ period. This is the minimum period (if any) for

which an employer must engage an employee or pay the employee if they are required for

less than the minimum period. For example, an award might include a minimum engagement

period of three (3) hours. This is the minimum period for which a casual employee can be

engaged; if the employer requires the casual employee for less than three (3) hours, the

employee must still be paid for three (3) hours.

The second significant feature is a casual loading, which is paid to employees instead of the

increments of leave that such employees would accrue as permanent employees. Some

awards provide that the casual loading includes all paid leave under the award and, in the

case of the LG Award, the loading also includes severance pay.

Casual employees under Modern Awards

The minimum engagement period under the twenty seven (27) modern awards varied

between ‘nil’ and four (4) hours. Modern awards with no minimum engagement include the

Airport Employees Award 2010 and the LGIA. Awards with the longer minimum engagement

periods include the Building and Construction General On-Site Award 2010 and the Waste

Management Award 2010.






Of the above four (4) modern awards, the Educational Services (Teachers) Award 2010 has

the longest minimum engagement period; ½ day in schools and ¼ day in early childhood.

Both the LGIA and the Medical Practitioners Award 2010 have no minimum engagement for

casuals.

Under the modern awards, casual loading either includes severance pay or does not include

severance pay (or is silent on whether severance pay is included, in which case, a real

question arises as to whether a casual employee is entitled to an additional payment upon

termination of their employment).

Modern awards that include severance pay include the Building and Construction General

On-Site Award 2010 and the Car Parking Award 2010. The Fitness Industry Award 2010 and

the Cleaning Services Award 2010 do not specify what is included in the casual loading

under those awards.

Of the four (4) modern awards that cover local government entities, only the LGIA specifies

that ‘casual loading includes entitlements to leave and other matters from which casuals are

excluded by the NES’. The remaining three (3) modern awards are silent on the issue.

16

Casual employees under State Awards

The minimum engagement under the nine (9) state awards varies between ‘nil’ and four (4)

hours for casuals.










Of the above five (5) state awards, only the LG Award and the LG Electricians Award have a

nil minimum engagement period for casual employees; the remaining three (3) have a

minimum engagement period of between one (1) and four (4) hours.

Under eight (8) of the nine (9) state awards, casual loading also includes severance pay (the

exception is the LG Electricians Award). In specifying that ‘no severance is payable on

termination’ or ‘that casual loading includes severance’, eight (8) of the nine (9) state awards

overcome the question of whether severance is payable upon termination of a casual

employee where the award is silent on the issue.


The minimum engagement period (where applicable) varies between one (1) and four (4)

hours under both the modern awards and state awards considered. Both the LGIA and LG

Award have a ‘nil’ minimum engagement period.

Less than half of the modern awards include severance pay in their casual loading. Casual

loading under eight (8) of the nine (9) state awards including severance pay (the exception is

the LG Electricians Award).

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3. Notice of termination and severance pay (redundancy)

Following the decision in the Termination Change and Redundancy Case (1984) 9 IR 115,

modern awards now prescribe minimum redundancy entitlements. Section 117 of the FW

Act reflects the outcome of the Termination Change and Redundancy Case and provides a

minimum notice period for all national system employees. Section 759 of the FW Act

extends this minimum standard to non-national system employees. Most awards also

provide for payment in lieu of notice where the employee is not required to work the notice

period.

Notice of termination and severance pay under Modern Awards

Under the twenty seven (27) modern awards, the minimum notice of termination

requirements are contained in the NES. The NES provides that an employer must give the

following minimum notice periods when dismissing an employee:

Period of continuous service Minimum notice period

Less than 1 year 1 week

1-3 years 2 weeks

3-5 years 3 weeks

over 5 years 4 weeks

*An employee is entitled to an extra week of notice if they are over forty five (45) years old and have two (2) years of service.






The NES applies to the above four (4) modern awards. The Educational Services (Teachers)

Award 2010 extends upon the NES to provide notice of termination equivalent to seven (7)

school term weeks’ notice for school teachers and four (4) preschool term weeks’ notice for

non-school teachers.

Under the twenty seven (27) modern awards, the severance pay requirements are also

contained in the NES. The NES contains the following table:

Employee’s period of continuous service with the employer on termination Severance pay period

At least 1 year but less than 2 years 4 weeks

At least 2 years but less than 3 years 6 weeks








At least 10 years 12 weeks

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Unlike the other modern awards, the Building and Construction General On-Site Award 2010

has an industry-specific severance pay scheme. This award contains the following

severance pay table:

Period of continuous service with an employer Severance pay

1 year or more but less than 2 years

2.4 weeks’ pay plus for all service in excess of 1 year, 1.75 hours pay per completed week of service up to a maximum of 4.8 weeks’ pay

2 years or more but less than 3 years

4.8 weeks’ pay plus, for all service in excess of 2 years, 1.6 hours pay per completed week of service up to a maximum of 7 weeks’ pay

3 years or more than but less than 4 years 7 weeks’ pay plus, for all service in excess of 3 years, 0.73 hours pay per completed week of service up to a maximum of 8 weeks’ pay

4 years or more 8 weeks’ pay

*Provided that an employee employed for less than twelve (12) months will be entitled to severance

pay of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the

employee.

Notice of termination and severance pay under State Awards

The nine (9) state awards have notice of termination requirements similar to those in the

NES, with the exception of the LG Award. The LG Award provides a minimum of two (2)

weeks’ notice for employees with less than two (2) years’ service and also provides an

additional week of notice for employees who have been engaged by council for five (5) years

or more (five (5) rather than four (4) weeks). However, the LG Award does not provide an

additional week of notice for employees aged forty five (45) years or over (as does the NES).










Of the above five (5) state awards, all except the LG Award have notice of termination

provisions similar to those found in the NES. There are some other minor differences, for

example, the Charitable Awards also provide that Grade four (4) and five (5) Care Service

employees are entitled to four (4) weeks of notice (regardless of their period of continuous

service).

19

Seven (7) of the nine (9) awards prescribe sixteen (16) weeks of severance pay if the

employee has six (6) years of service with the employer (twenty (20) weeks if the employee

is forty five (45) years of age or older). The remaining two (2) awards (the LG Award and the

LG Electricians Award) are discussed below. These provisions are in contrast to the modern

awards, in which the NES provides that if an employee has been engaged for six (6) years

but less than seven (7) years, they are entitled to eleven (11) weeks, and only where the

employee has a minimum of ten (10) years of service, will they receive the maximum twelve

(12) weeks severance pay.

The severance pay provisions of the LG Award are extracted below. Once an employee has

completed ten (10) years of service with a council, they are entitled to thirty four (34) weeks

severance pay. An employee with equivalent service would receive twelve (12) weeks pay

after ten (10) years of service under the LGIA.

Similarly, an employee engaged for six (6) years but less than seven (7) is entitled to twenty

two (22) weeks severance pay under the LG Award. Under the LGIA, an employee with

equivalent service would receive eleven (11) weeks.

Completed years of service Entitlement

Less than 1 year Nil

1 year and less than 2 years 5 weeks pay

2 years and less than 3 years 9 weeks pay








10 years and thereafter 34 weeks pay

The LG Electricians Award provides that an employee who has completed six (6) years but

less than seven (7) years of service is entitled to sixteen (16) weeks of severance pay.

Employees are then entitled to an additional two (2) weeks of pay for each year of service in

excess of seven (7) years, up to ten (10) additional weeks of pay. This is more than the

maximum twelve (12) weeks that can be received under the NES and the sixteen (16) weeks

that can be received for employees less than forty five (45) years of age under the state

Charitable Awards.


Notice of termination is similar under the state and modern awards. Some state awards vary

slightly from the NES and supplement the NES with additional notice. Severance pay varies

between nil and twelve (12) weeks and the modern awards and nil and thirty four (34) weeks

under the state awards, depending on service.

20

4. Leave

Industry awards provide for the leave entitlements of employees.

Leave can be grouped into four (4) major categories:

● Sick leave (state awards) or Personal/Carer’s/Compassionate leave (modern

awards);

● Annual leave (which may include leave loading);

● Parental leave (both paid and unpaid); and

● LSL.

Some awards also provide additional leave entitlements. For example, the NES provides

that employees (including casuals) are entitled to community service leave to attend certain

activities such as a ‘voluntary emergency management activity’ or to attend jury service.

Modern awards do not limit the amount of community service leave an employee can take;

the absence must be ‘reasonable’ in the circumstances (jury service is taken to always be

reasonable). This leave is unpaid, except in relation to jury service where an employee

(other than a casual) is entitled to make-up pay for the first ten (10) days that the employee

is absent.

Under the LG Award, union members receive paid time off for union picnic day and union

training, and union delegates are also granted paid leave to attend the annual conference.

Employees who are Aboriginal and Torres Straight Islanders are entitled to one (1) paid day

off during NAIDOC week.

Leave under Modern Awards






Personal/Carer’s/Compassionate leave

Under the twenty seven (27) modern awards, personal/carer’s/compassionate leave is as

per the NES. The NES provides that employees (other than casuals) are entitled to ten (10)

paid days off per year which can be used for the following:

● Personal illness or injury (sick leave);

● To care for an ill or injured family member (carer’s leave); and

● Up to two (2) days can be used where there is a death/life-threatening incident in the

family (compassionate leave).

This leave accrues progressively from year to year. The modern awards do not supplement

the NES, with the exception of the Clerks – Private Sector Award 2010, which provides that

casual employees are entitled to be unavailable to work to care for a person who is sick.

Leave is unpaid and for a maximum of forty eight (48) hours.

21

Annual leave

Under the NES, an employee (other than a casual employee) is entitled to four (4) weeks of

paid annual leave for each year of service. An employee classified as a shiftworker is

entitled to an additional week of leave. Certain modern awards supplement the NES and

provide additional annual leave. For instance, under the Airport Employees Award 2010,

employees are entitled to additional leave if they are placed at a remote location i.e.

employees based at Tennant Creek receive an additional seven (7) days leave.

Of the four (4) modern awards that cover local government entities, all provide four (4)

weeks of annual leave (five (5) for shiftworkers). The Medical Practitioners Award 2010

supplements the NES and provides that medical practitioners who are required to work

weekend shifts are entitled to another additional week of annual leave.

All twenty seven (27) modern awards include 17.5% annual leave loading. In the case of the

four (4) modern awards that may cover local government entities, the Medical Practitioners

Award 2010 and the Nurses Award 2010 also provide that shiftworkers will be paid the

highest of 17.5% or the weekend shift penalties the employee would have received had they

not been on leave during the relevant period. Clause 25.4 of the LGIA caps annual leave

loading to 70% of the minimum weekly rate for Level eleven (11) employees.

Parental leave (paid and unpaid)

Under the Federal Government’s Paid Parental Leave Scheme (‘the PPL scheme’), eligible

employees receive eighteen (18) weeks of leave paid at the national minimum wage. These

payments are made to the employer first, who then pays them to the employee. The

payments can be paid before, after or at the same time as other entitlements such as annual

leave and long service leave. The PPL scheme currently does not affect paid parental leave

from an employer. None of the modern awards examined provide paid parental leave above

what is already provided under the PPL scheme.

Under the modern awards, unpaid parental leave entitlements are as per the NES. The NES

sets out the following entitlements:

● Parental leave

o Twelve (12) months of unpaid parental leave provided the employee has

completed twelve (12) months of continuous service.

o An employee taking twelve (12) months parental leave may request an

extension of a further twelve (12) months leave (up to twenty four (24) months

in total).

● Adoption leave

o Employees who are taking parental leave to care for an adopted child are

also entitled to two (2) days unpaid pre-adoption leave to attend relevant

interviews or examinations.

● Special maternity leave

o An eligible employee is entitled to special maternity leave if they are unfit for

work due to a pregnancy-related illness or if the pregnancy ends, not in the

birth of a living child.

22

● A safe job and no safe job leave

o A pregnant employee is entitled to be a transferred to an ‘appropriate safe

job’. If there is no appropriate safe job available, the employee is entitled to

take paid ‘no safe job leave’ for the entirety of the risk period, and to be paid

at their base rate of pay.

● A right to return to old job

o An employee is entitled to return to their pre-parental leave position, or if that

position no longer exists, to a position for which they are qualified and is

nearest in status and pay to their pre-parental leave position.

Long service leave

Under the modern awards, an employee is entitled to two (2) months (8.67 weeks) of paid

leave (to be paid at their ordinary weekly wage) after they have been working for the same

employer for ten (10) years. These entitlements are set out in the LSL Act. The LSL Act also

provides for a pro-rata entitlement after five (5) years if the employee resigns as a result of

illness, incapacity or domestic or other pressing necessity, or if an employee’s services have

been terminated by the employer for any reason other than serious and wilful misconduct, or

if the employee dies. If an employee ceases employment before five (5) years of service

there is no entitlement for LSL.

Leave under State Awards










Sick Leave

Under the state awards, sick leave entitlements vary between five (5) days and three (3)

weeks per year of service. Awards the provide less leave are the Health, Fitness and Indoor

Sport Centres (State) Award (five (5) days during the first year of service, eight (8) days

during the second year of service, and ten (10) days during the third and subsequent years

of service) and the Nurses Other Than In Hospitals &c (State) Award 2006 (forty (40) hours

during the first year of service and sixty four (64) hours during the second and subsequent

years of service).

Awards that provide more leave are the LG Award and the LG Electricians Award (both three

(3) weeks for each year of service). This is, on average, five (5) days per calendar year more

than is provided under the modern awards. However, it is important to consider what is

23

included in these fifteen (15) sick days per year. Under the LG Award, carer’s leave,

emergency services leave, and health and wellbeing leave must all be deducted from an

employee’s sick leave entitlement.

Annual leave

Under the state awards, four (4) weeks of annual leave is provided, consistent with the

Annual Holidays Act 1944 (NSW). The Charitable and Nursing Awards provide

employees who work their ordinary hours on Sundays and/or public holidays with

additional leave, varying between one (1) and five (5) days per year, depending on how

many weekend/public holiday shifts the employee is required to work. The LG Award

provides an additional five (5) days of annual leave to employees who are regularly

required to work a seven (7) day a week rotating roster system.

The modern awards differ from the LG Award in relation to annual leave loading. The LG

Award does not include annual leave loading, as it was incorporated into award rates of pay

in 1995. The other eight (8) state awards include similar provisions to those in the modern

awards i.e. employers are required to pay 17.5% loading on top of employees’ ordinary pay

whilst employees are on leave, or, in the case of shift workers, the highest of 17.5% or the

weekend shift penalties the employee would have received had they not been on leave

during the relevant period.


Some of the state awards provide additional paid parental leave entitlements to those

provided under the Federal Government’s PPL scheme. Of the five (5) state awards that

local government entities could engage employees under, the Charitable Awards and the LG

Award provide additional entitlements to those provided under the PPL scheme.

The Charitable Awards provide eligible employees with an additional nine (9) weeks of paid

maternity leave; one (1) week of paid paternity leave; and three (3) weeks of paid adoption

leave. The LG Award provides eligible employees with the option of eighteen (18) weeks of

‘make up’ pay (which covers the gap between PPL instalments and the employee’s ordinary

pay) or nine (9) weeks paid maternity leave (eighteen (18) weeks at half pay); plus two (2)

days of paid pre-adoption leave; and nine (9) weeks (eighteen (18) weeks at half pay) of

adoption leave for children aged under five (5) years and four (4) weeks (eight (8) weeks at

half pay) for children aged between five and sixteen (5-16) years. Parents are also entitled to

two (2) weeks of concurrent parental leave, which is to be deducted from the employee’s

sick leave entitlement.

Under the state awards, unpaid parental leave is as per the NES. This is due to section 744

of the FW Act, which extends those provisions of the federal FW Act to non-national system

employers and employees.

The IR Act also provides for unpaid parental leave. Eligible employees have access to fifty

two (52) weeks of unpaid parental leave (birth or adoption), special maternity leave, special

adoption leave and the right to transfer to a safe job. In the case of any inconsistency in the

parental leave entitlements set out in the FW Act and IR Act, the federal FW Act will prevail

over the state IR Act.

24

Long service leave

Under the nine (9) state awards, LSL varies. The Charitable Institutions (Professional

Paramedic Staff) (State) Award, the Entertainment & Broadcasting Industry – Live Theatre &

Concert (State) Award, the Health, Fitness & Indoor Sport Centres (State) Award and the

Nurses Other Than In Hospitals &c (State) Award 2006 are all as per the LSL Act, as is the

case with the modern awards. Under these state awards, an employee is entitled to two (2)

months (8.67 weeks) of paid leave (to be paid at their ordinary weekly wage) after they have

been working for the same employer for ten (10) years.

The five (5) state awards that local government entities could engage employees under

provide their own LSL provisions. Those found in the Charitable Awards and the Nursing

Home &c Nurses (State) Award are similar to the LSL Act. The LG Award and the LG

Electricians Award provide more generous LSL provisions. In the case of the LG Award, an

employee is entitled to LSL after five (5) years of service with a council (as opposed to ten

(10) years under the modern awards). The entitlement after five (5) years is six point five

(6.5) weeks; after ten (10) years it is thirteen (13) weeks (compared to 8.67 weeks under the

modern awards). The LG Electricians Award also provides for thirteen (13) weeks of LSL

after ten (10) years of service, however unlike the LG State Award, there is no entitlement to

LSL at the five (5) year mark.


Sick leave/personal leave entitlements vary between ten (10) days under the modern awards

and fifteen (15) days under the LG Award per year of service. The quantity of annual leave

under the modern and state awards is similar. Unpaid parental leave entitlements are similar

under both the modern and state awards. The state awards provide paid parental leave

entitlements in addition to the PPL scheme. The modern and state awards are similar in their

LSL entitlements. The exceptions are the LG Award and the LG Electricians Award. Both of

these awards provide a higher rate than the LSL Act, and the former also providing access

to LSL after five (5) years of service – compared to ten (10) under the modern awards and

other state awards.

25

5. Shift Penalties

A shift penalty may be payable if an employee is required to work within a prescribed shift

time (i.e. between 7pm and midnight) or where an employee is required to work outside the

span of ordinary hours (i.e. outside 6am to 6pm).

Shift penalties under Modern Awards

Under the twenty seven (27) modern awards considered, shift penalties generally vary

between 10% and 50%.

Some of the lower shift penalties are found in the Aged Care Award 2010 (10% for a shift

commencing between 10am-1pm) and the Children’s Services Award 2010 (10% for a shift

commencing between 5am and 6am). Some of the higher shift penalties are found in the

Building and Construction General On-site Award 2010 (50% for a shift commencing

between 1pm and 3pm, if the employee is employed continuously for five (5) shifts Monday

to Friday) and the Water Industry Award 2010 (30% for a shift finishing between midnight

and 8am).

Of the twenty seven (27) modern awards considered, six (6) do not make provision for shift

penalties, with the result that any hours worked outside the span of ordinary hours are

considered overtime. Overtime is paid at a higher rate than a shift penalty and can also be

reasonably refused by employees.

Almost all modern awards base the shift penalty on the employee’s entire shift, rather than

the hours worked outside the span of ordinary hours. For example, under the Building and

Construction General On-site Award 2010, the ordinary hours span between 7am and 6pm.

If an employee starts work at 1:30pm and finishes at 6:30pm, rather than being paid the shift

penalty for the time actually worked outside the span of ordinary hours (i.e. thirty (30)

minutes), the shift penalty is paid for the employee’s entire shift (i.e. five (5) hours). The

exception is LGIA (discussed below).






Of the above four (4) modern awards, the lowest shift penalty is found in the Nurses Award

2010 (12.5% for any weekday shift commencing on or after 12 noon and finishing after 6pm,

and 15% for any weekday shift commencing on or after 6pm and finishing before 7:30am).

The LGIA has a penalty of 20% for ordinary hours worked outside the span. Shift penalties

under the LGIA are only payable for those hours worked outside span of ordinary hours (in

this award, 6am to 6pm) as opposed to the whole shift. This is in contrast to the other

modern awards that may cover local government entities.

26

Shift penalties under State Awards










Of the above five (5) state awards, the LG Award has the highest shift penalty. Ordinary

hours worked outside the span of 6am to 6pm will attract a penalty of 20% (for the hours

actually worked outside the span - not the whole shift), except as provided in clause 18C(ii),

which provides for a different spread of hours for some functions. The LG Electricians Award

makes no provision for shift work, with the result that any hours worked outside the span of

ordinary hours will be considered overtime.


Most modern awards calculate a shift penalty on the entire shift, rather than the hours

worked outside the span of ordinary hours. The LGIA is an exception. Most modern awards

also differentiate between morning, afternoon and night shifts, and apply shift penalties

accordingly. This can make the calculation process quite complex, but generally morning

and afternoon shifts attract a loading of between 10-15% and nights are between 15-30%

(with exceptions on either side).

The state awards provide a more straight forward means of calculating shift penalties. Like

the LGIA, the LG Award only requires the payment of a shift penalty for the ordinary hours

worked outside the span of 6am to 6pm, except where the award provides for a different

spread of hours for some functions.

27

6. Weekend Penalties

A weekend penalty may be payable if an employee is required to work on Saturdays and/or

Sundays. Weekend penalties are usually calculated as a percentage of the employee’s

ordinary hourly rate. For instance, an employee who is required to work on Saturdays is

entitled to their ordinary hourly rate (e.g. $10) plus a loading, in this example 25% (i.e. $2.50)

for each hour worked. Therefore, the Saturday rate of pay for that employee would be

$12.50 per hour.

Weekend penalties are different from shift penalties. A shift penalty will apply if an employee

is required to work within a prescribed shift time (i.e. between 7pm and midnight) or where

an employee is required to work outside the span of ordinary hours (i.e. outside 6am to

6pm). Some awards also prescribe minimum engagement periods for weekend work. For

example, an award might provide for a minimum engagement of four (4) hours for work

performed on Sundays.

Weekend penalties under Modern Awards

Weekend penalty rates are separated into Saturday and Sunday rates. Sunday rates are

generally higher. The Sunday penalty rate under the twenty seven (27) modern awards

varies between 50% and 100% of the employee’s ordinary rate of pay while the Saturday

penalty rate varies between 25% and 100%.

Some of the lower weekend penalty rates are in the Amusement, Events & Recreation

Award 2010 (Saturdays) and the Aged Care Award 2010 (Sundays). Some of the higher

weekend penalty rates are in the Building and Construction General On-site Award 2010

(Saturdays) and the Clerks - Private Sector Award 2010 (Sundays). Overall, the average

Saturday penalty rate is 50% and the average Sunday penalty rate is 100%.

Roughly half of the modern awards also prescribe a minimum engagement of between three

(3) and four (4) hours for Sunday work.






Of the above four (4) modern awards, only the Educational Services (Teachers) Award 2010

does not prescribe weekend penalty rates. The LGIA has a Saturday penalty rate of 50%

and a Sunday penalty rate of 75%. None have a minimum engagement period for weekend

work (beyond what has been discussed in relation to casual employees).

Weekend penalties under State Awards

Under the state awards, weekend penalty rates vary between ‘nil’ and 100% for Saturdays

and 50% and 100% for Sundays. The Entertainment and Broadcasting Industry – Live

Theatre and Concert (State) Award has a ‘nil’ penalty rate for Saturdays, but has a minimum

engagement of four (4) hours on Sundays paid at 100%. Some of the higher weekend

28

penalty rates are found in the Nurses, Other Than In Hospitals (State) Award 2008 and the

LG Electricians Award.


engage employees under unless an enterprise agreement or one of the other exemptions








Of the above five (5) state awards, the LG Electricians Award has the highest Saturday

penalty rate (50% for the first two (2) hours and 100% thereafter) and the LG Award has the

lowest rates (25%, except for employees engaged in the functions listed in clause 18B(ii), in

which case 50%). For Sunday penalty rates, the LG Electricians Award is again the highest

(100%) and the LG Award is again the lowest (50%, except for employees engaged in the

functions listed in clause 18B(ii), in which case 100%).


The Saturday penalty rate under the twenty seven (27) modern awards varies between 25%

and 100% while the Sunday penalty rate varies between 50% and 100%. Roughly half of the

modern awards also prescribe a minimum engagement of between three (3) and four (4)

hours for Sunday work. Weekend penalty rates under the nine (9) state awards vary

between nil and 100% for Saturdays and 50% and 100% for Sundays. The LG Award has no

minimum engagement period for weekend work.

29

7. Overtime

Overtime is payable where an employee works ‘extra time’. It can include work done in a

number of circumstances:

● Overtime is payable where an employee is required to work beyond their ordinary

hours of work i.e. where the ordinary hours of work are thirty eight (38) hours per

week and the employee is required to work forty (40) hours. In this instance, the

employee would be entitled to overtime for the additional two (2) hours worked that

week.

● Overtime may be payable where an employee is required to work outside the span of

ordinary hours. Where, for example, the span is 7am to 7pm and the employee is

required to start work before 7am, or finish after 7pm, the employee may be entitled

to overtime for those hours worked outside the span. Some industry awards also

provide for shift penalties, so hours worked outside the spread attract a shift penalty

as opposed to overtime.

● Overtime is payable where an employee is required to work more than their agreed

hours of work. For instance, where it is agreed that a part time employee will work

fifteen (15) hours per week, and the employer directs the employee to work twenty

(20) hours, overtime is payable for the additional five (5) hours worked that week

(subject to any other relevant award condition or agreement as to payment for

additional hours).

Following the Working Hours Case (2002) 114 IR 390, a standard clause was inserted into

modern awards to allow employees to refuse to work overtime where it was ‘unreasonable’.

In determining what is unreasonable, the standard clause refers to the following matters:

● any risk to employee health and safety;

● the employee’s personal circumstances including any family responsibilities;

● the needs of the workplace or enterprise;

● the notice (if any) given by the employer of the overtime, and by the employee of his

or her intention to refuse it; and

● any other relevant matter.

This provision has since been incorporated into the NES. Section 62(3) of the FW Act

reproduces the standard clause and adds additional considerations, including whether the

employee receives a penalty and the usual patterns of work in the industry.

Overtime under Modern Awards

Overtime under the twenty seven (27) modern awards is generally quite consistent. Most

modern awards provide for time-and-a-half for the first two (2) hours and double-time

thereafter for overtime performed Monday to Saturday and double-time for overtime

performed on Sundays. There are a few exceptions.

For instance, under both the Aged Care Award 2010 and the Hospitality Industry (General)

Award 2010, overtime is paid at the rate of double-time for the whole weekend. By contrast,

30

under the Surveying Award 2010, all overtime is paid at the rate of time-and-a-half for the

first three (3) hours and double-time thereafter. Similarly, under the Car Parking Award 2010,

all overtime is paid at time-and-a-half for the first two (2) hours and double-time thereafter.

One of the more notable exceptions is the Professional Employees Award 2010, which

provides for a ‘nil’ overtime rate.






The above four (4) modern awards provide that overtime is paid for at the rate of time-and-a-

half for the first two (2) hours and double-time thereafter (for Monday to Saturday work) and

double-time (for overtime performed on Sundays). The exception is the Educational Services

(Teachers) Award 2010, which does not contain any overtime rates.

Overtime under State Awards










The first three (3) state awards all provide that overtime is paid for at the rate of time-and-a-

half for the first two (2) hours and double-time thereafter (for Monday to Saturday work) and

double-time (for overtime performed on Sundays). This is similar to the modern awards. The

LG Award and LG Electricians Award vary slightly, providing that overtime is paid at the rate

of time-and-a-half for the first two (2) hours and double-time thereafter (Monday to 12 noon

Saturday) and double-time (12 noon on Saturday to Sunday).

The Entertainment and Broadcasting – Live Theatre and Concert (State) Award prescribes

different rates of overtime depending upon the circumstances in which the overtime is

performed, in addition to whether the employee is a weekly employee, part-time employee,

or casual employee.


The majority of the modern and state awards considered all provide that overtime is paid for

at the rate of time-and-a-half for the first two (2) hours and double-time thereafter (for

Monday to Saturday work) and double-time (for overtime performed on Sundays).

31

8. Wage Rates

Approach to analysis

Previous chapters have compared certain conditions across modern and state awards. This

approach is not suited to wage rates. Wage rates in many of the modern awards are based

on a classification structure informed by the Australian Qualifications Framework. On the

other hand, the LG Award and the LGIA prescribe entry level rates of pay that are based on

the award skill descriptors.

Thirty seven (37) positions that are common to the local government industry were selected.

The LG Award position was then compared to the comparator modern award. For example,

a comparison in relation to Home Care employees is extracted below. Annexure H contains

a full comparison of all thirty seven 37 positions.

Position Local Government (State) Award 2014

Comparison Awards

Classification Rate of pay Comparator

Award Classification Rate of pay

Home care

employee

Band 1 Level 3 $21.17 Aged Care

Award 2010

Level 4 $19.64

The analysis demonstrates that the LG Award has higher entry level wage rates than the

federal comparator awards in all thirty seven (37) positions. Further, councils have an award

obligation under the LG Award to maintain salary systems that compliment these award

entry level rates of pay. The following chapter examines wage rates and the other award

conditions considered in this paper in a practical context, across the LG Award, LGIA and a

comparator modern award.

This comparison of wage rates does not take into account the allowances under the modern

and state awards. For example, a state award might provide for industry and adverse

working conditions allowances for a particular group of employees covered by that award

(such as labourers) whilst the comparator modern award might provide for industry, tool,

special and travel allowances for the same category of employees (labourers) covered by

the modern award. Allowances contribute to an employee’s overall pay package and must

be added to the base wage rates.

This analysis is also consistent with the Productivity Commission’s Inquiry into Australia’s

Workplace Relations Framework1, which found that as a group, public sector employees

receive higher wages (Draft Report, p. 629).

The Draft Report notes that public sector bargaining differs from bargaining in the private

sector in several ways. It was stated that in some regions (such as NSW) Commonwealth,

state and local governments vie for quality workers, thereby influencing bargaining in the

public sector. The competition for quality workers within the public sector may indeed

contribute to higher wage rates across the sector. Wage levels for female employees in the

1 http://www.pc.gov.au/inquiries/current/workplace-relations/draft

http://www.pc.gov.au/inquiries/current/workplace-relations/draft

32

public sector are also higher than those of their counterparts in the private sector, possibly

due to a desire to attract and retain high quality employees. Therefore competition for quality

workers between the public and private sectors may too contribute to higher public sector

wage rates.

33

9. A Practical Example

Employee A (the Labourer) – LG Award and the Building Award

Let’s compare Employee A’s entitlements under the Building and Construction General On-

Site Award (‘the Building Award’) and the LG Award. The award conditions that will be

examined are:


● Casual employees (minimum engagement and severance pay)


● Leave

● Shift penalties


● Overtime

● Wage rates

Under the Building Award, Employee A would receive a minimum of $18.69 per hour

(excluding allowances) as a CW/ECW 1 (level d) employee. Under the LG Award, Employee

A would receive a minimum of $19.70 per hour (excluding allowances) as a Band 1, Level 2

employee.

Under the Building Award, Employee A could work a maximum of eight (8) hours before

overtime applies. These hours must be worked between 7am-6pm, Monday to Friday, to fall

within the span and spread of ordinary hours. Under the LG Award, Employee A could work

a maximum of twelve (12) hours before overtime applies and these hours could be worked

anytime between 6am-6pm, Monday to Sunday.

Under the Building Award, casual employees must be engaged for a minimum of four (4)

hours. If Employee A was required for less than four (4) hours, she must still be paid for the

minimum engagement period. Employee A’s casual loading includes severance pay (unlike

a lot of modern awards). Under the LG Award, there is no minimum engagement period. If

Employee A was required for two (2) hours, and was willing to accept this shift, then she

would only be paid for two (2) hours work. Like the Building Award, casual loading under the

LG Award also includes severance pay.

If Employee A was a permanent employee and after four (4) years of service was made

redundant, under the Building Award she would be entitled to three (3) weeks of notice (plus

an additional week if she was aged over forty five (45)) and a severance package equivalent

to eight (8) weeks of pay. Under the LG Award, Employee A would be entitled to four (4)

weeks of notice and a severance package equivalent to sixteen (16) weeks.

Employee A would receive ten (10) days of paid personal leave under the Building Award or

fifteen (15) days of paid sick leave under the LG Award. Carer’s leave, emergency services

leave and health and wellbeing leave would all be deducted from Employee A’s fifteen (15)

day entitlement under the LG Award.

Employee A would be entitled to four (4) weeks of annual leave under both the Building

Award and the LG Award. There is no provision for annual leave loading under the LG

34

Award. This is in contrast to the Building Award, where Employee A would also receive

17.5% loading on top of her ordinary pay whilst on leave.

Employee A would receive comparable unpaid parental leave entitlements under both the

Building Award and the LG Award. Employee A (if a mother) would be entitled to eighteen

(18) weeks of paid make-up pay under the LG Award. Employee A (if a partner) would be

entitled to two (2) weeks of concurrent parental leave under the LG Award, which would be

deducted from her sick leave entitlement.

Under the Building Award, Employee A is entitled to two (2) months (8.67 weeks) of paid

LSL after ten (10) years of service. Under the LG Award, after five (5) years of service

Employee A is entitled to 6.5 weeks; and after ten (10) years she would receive thirteen (13)

weeks (compared to 8.67 weeks under the Building Award).

The Building Award provides for morning, afternoon and night shifts. If Employee A is

required to work an afternoon shift (commencing at or after 1.00 pm and before 3.00 pm),

she will receive a 50% loading for the duration of that shift. This means that if on a weekday

Employee A starts work at 1:30pm and finishes at 6:30pm, rather than being paid the shift

penalty for the time actually worked outside the span of ordinary hours (i.e. thirty (30)

minutes), the shift penalty is paid for Employee A’s entire shift (i.e. five (5) hours). Under the

LG Award, by contrast, ordinary hours worked outside the span of 6am to 6pm* will attract a

loading of 20% for the hours actually worked (as opposed to the whole shift, as is the case

with the Building Award).

* Except as provided in clause 18C(ii), which provides for a different spread of hours for

some functions.

Under the Building Award, if Employee A was required to work on a Saturday she would be

entitled to time-and-a-half for the first two (2) hours and double time thereafter. On a

Sunday, Employee A would be entitled to double time plus a minimum payment of four (4)

hours. Under the LG Award, if Employee A was required to work ordinary hours on a

Saturday she would receive time-and-a-half for the duration of her shift and on Sundays she

would receive double time (clause 18B(ii) – trade function).

If Employee A was required to work overtime, the Building Award provides for time-and-a-

half for the first two (2) hours and double time thereafter (Monday to 12 noon Saturday) and

double time (12 noon Saturday to Sunday), with a minimum payment of four (4) hours on a

Sunday. Employee A would receive identical overtime rates under the LG Award, with the

exception of a minimum payment of four (4) hours on a Sunday.

Employee A (the Labourer) – LGIA and LG Award

Let’s compare Employee A’s entitlements under the LGIA and the LG Award. The award

conditions that will be examined are:


● Casual employees (minimum engagement and severance pay)


● Leave

● Shift penalties

35


● Overtime

● Wage rates

Under the LGIA, Employee A would receive a minimum of $18.48 per hour (excluding

allowances) as a Level 1 employee. If Employee A had relevant local government

experience she would receive a minimum of $19.10 (excluding allowances) as a Level 2

employee. Under the LG Award, Employee A would receive a minimum of $19.70 per hour

(excluding allowances) as a Band 1, Level 2 employee.

Under the LGIA, Employee A could work a maximum of ten (10) hours before overtime

applies (twelve (12) hours if by agreement between employer and employee). These hours

would be worked between 6am – 6pm (unless Employee A was working as a labourer in a

work area identified in clause 21.3(a)(iii), in which case the span would be 5am – 10pm),

Monday to Friday (unless Employee A was working as a labourer in a work area identified in

clause 21.2(b), in which case, the spread would be Monday to Sunday), to fall within the

spread and span of ordinary hours. Under the LG Award, Employee A could work a

maximum of twelve (12) hours before overtime applies and these hours could be worked

anytime between 6am-6pm, Monday to Sunday.

Under both the LGIA and LG Award, Employee A’s casual loading includes severance pay

(unlike a lot of modern awards) and there is no minimum engagement period. Under both

awards, if Employee A was required for two (2) hours, and was willing to accept this shift,

then she would only be paid for two (2) hours work.

If Employee A was a permanent employee and after four (4) years of service was made

redundant, she would be entitled to three (3) weeks of notice (four (4) weeks if over forty five

(45)) and eight (8) weeks’ severance pay under the LGIA. Under the LG Award, Employee A

would be entitled to four (4) weeks of notice and sixteen (16) weeks of severance pay.

Employee A would receive ten (10) days of paid personal leave under the LGIA or fifteen

(15) days of paid sick leave under the LG Award. Carer’s leave, emergency services leave

and health and wellbeing leave would all be deducted from Employee A’s fifteen (15) day

sick leave entitlement under the LG Award.

Employee A would be entitled to four (4) weeks of annual leave under both the LGIA and the

LG Award. There is no provision for annual leave loading under the LG Award. This is in

contrast to the LGIA, where Employee A would also receive 17.5% loading on top of her

ordinary pay whilst on leave.

Employee A would receive comparable unpaid parental leave entitlements under both the

LGIA and the LG Award. Employee A (if a mother) would receive eighteen (18) weeks of

paid make-up pay under the LG Award. Employee A (if a partner) would receive two (2)

weeks of concurrent parental leave under the LG Award (deducted from her sick leave

entitlement). Employee A would receive no paid parental leave entitlements above the

Federal Government’s PPL scheme under the LGIA.

Under the LGIA, Employee A is entitled to two (2) months (8.67 weeks) of paid long service

leave after ten (10) years of service. Under the LG Award, after five (5) years of service

36

Employee A is entitled to six point five (6.5) weeks; and after ten (10) years he would receive

thirteen (13) weeks (compared to 8.67 weeks under the LGIA).

Under both the LGIA and the LG Award, ordinary hours worked outside the span of 6am to

6pm* will attract a loading of 20%.

*Note 1: Except as provided in clause 18C(ii) of the LG Award, which provides for a different spread of hours for some functions. *Note 2: Except for employees engaged in recreation centres or community services under the LGIA, per clause 23.3.

Under the LGIA, if Employee A was working as a labourer in a work area identified in clause

21.2(b), and therefore her ordinary hours fell between a Monday-Sunday spread, she would

be entitled to time-and-a-half on Saturdays and time and three quarters on Sundays. If

Employee A was engaged in a recreation centre or community services she would not

receive any penalty for work performed on Saturdays or Sundays between 5am – 10pm.

Under the LG Award, if Employee A was required to work ordinary hours on a Saturday she

would receive time-and-a-half and on Sundays she would receive double time (clause 18B(ii)

– trade function).

If Employee A was required to work overtime, the LGIA provides for time-and-a-half for the

first two (2) hours and double time thereafter (Monday to Saturday) and double-time

(Sunday). Employee A would receive time-and-a-half for the first two (2) hours and double

time thereafter (Monday to 12 noon Saturday) and double time (12 noon Saturday to

Sunday) under the LG Award.

Employee A’s gross pay under the LG Award, the Building Award and the LGIA

The following is a practical examination of how Employee A would be paid under the LG

Award, the Building Award and the LGIA for a week of work under a particular roster.

Assume Employee A is a full time labourer, who works thirty eight (38) hours per week

during a week in January 2015. On Monday to Friday, her shift commences at 5:30am and

finishes at 3:00pm with an hour unpaid break. Employee A is required to start and finish

work at the employer’s depot.

Under the respective Awards, this is how Employee A would be paid:

Entitlements LG Award Building Award LGIA

Ordinary hours (38 hours)1 $748.60 $710.22 $702.24

Industry allowance $14.203 $33.984 $26.605

Travel allowances $0.00 $87.156 $0.00

Shift penalty2 $9.857 $177.568 $9.24

Overtime throughout the week $0.00 $46.739 $0.00

Overtime on weekend (including hourly rate)

$118.20 $112.14 $110.88

Total for the week $890.86 $1,167.81 $848.97

Notes:

1. This amount is the hourly rate multiplied by the number of hours worked in the week.

37

2. This amount is the shift penalty which is paid on top of the ordinary hours.

3. Level 1 adverse working conditions allowance - clause 15(i).

4. Special allowance and industry allowance - clauses 21.1 and 21.2.

5. Level 1 adverse working conditions allowance – clause 15.8(b)(i).

6. Clause 25.2 of the Building Award provides for a payment of $17.43 per day to an

employee required to start at a depot, workshop or yard, in any instance other than

when the employer picks the employee up from their home and drives them to work,

and then drives them home.

7. This is for the work performed by Employee A from 5:30am to 6:00am during

weekdays.

8. The shifts worked by Employee A from Monday to Friday are, under clause 34,

considered a morning shift (commencing between 4:30am and 6:00am) and incur a

25% loading.

9. Under clause 33.1, the maximum ordinary hours that can be worked in a day are

eight (8). Employee A worked 8.5 hours each day (Monday to Friday), entitling her to

two and a half (2 ½) hours overtime over four (4) days.

38

Conclusions This research paper compared the following conditions across state and federal awards:

● Ordinary hours (daily maximum and span) ● Casual employees (minimum engagement and casual loading) ● Notice of termination and severance pay (redundancy)

● Leave (specifically annual leave, sick leave, long service leave and parental leave) ● Shift penalties ● Weekend penalties ● Overtime ● Wage rates

Ordinary hours

Both the LG Award and LGIA have less restrictive daily maximums (the LG Award being

slightly less restrictive). The spans for ordinary hours are generally more restrictive under

state awards than modern awards. Of the state awards, the LG Award is generally less

restrictive.

Casual employees

The minimum engagement period (where applicable) varies between one (1) and four (4)

hours under both the modern awards and state awards considered. Both the LGIA and LG

Award have a ‘nil’ minimum engagement period.

Less than half of the modern awards include severance pay in their casual loading. Casual

loading under eight (8) of the nine (9) state awards including severance pay (the exception is

the LG Electricians Award).

Notice of termination and severance pay (redundancy)

Notice of termination is similar under the state and modern awards. Some state awards vary

slightly from the NES and supplement the NES with additional notice. Severance pay varies

between nil and twelve (12) weeks and the modern awards and nil and thirty four (34) weeks

under the state awards, depending on service.

Leave

Sick leave/personal leave entitlements vary between ten (10) days under the modern awards

and fifteen (15) days under the LG Award per year of service. The quantity of annual leave

under the modern and state awards is similar. The LG Award does not reference annual

leave loading, in contrast to the modern awards and other state awards. Unpaid parental

leave entitlements are similar under both the modern and state awards. The state awards

provide paid parental leave entitlements in addition to the PPL scheme. The modern and

state awards are similar in their LSL entitlements. The exceptions are the LG Award and the

LG Electricians Award. Both of these awards provide a higher rate than the LSL Act, and the

former also providing access to LSL after five (5) years of service – compared to ten (10)

under the modern awards and other state awards.

39

Shift penalties

Most modern awards calculate a shift penalty on the entire shift, rather than the hours

worked outside the span of ordinary hours. The LGIA is an exception. Like the LGIA, the LG

Award only requires the payment of a shift penalty for the ordinary hours worked outside the

span of 6am to 6pm, except where the award provides for a different spread of hours for

some functions.

Weekend penalties

The Saturday penalty rate under the twenty seven (27) modern awards varies between 25%

and 100% while the Sunday penalty rate varies between 50% and 100%. Roughly half of the

modern awards also prescribe a minimum engagement of between three (3) and four (4)

hours for Sunday work. Weekend penalty rates under the nine (9) state awards vary

between nil and 100% for Saturdays and 50% and 100% for Sundays. The LG Award has no

minimum engagement period for weekend work.

Overtime

With a few exceptions, the majority of the modern and state awards considered all provide

that overtime is paid for at the rate of time-and-a-half for the first two (2) hours and double-

time thereafter (for Monday to Saturday work) and double-time (for overtime performed on

Sundays).

Wage rates

The analysis demonstrates that the LG Award has higher entry level wage rates than the

federal comparator awards in all thirty seven (37) positions. Further, councils have an award

obligation under the LG Award to maintain salary systems that compliment these award

entry level rates of pay.

40

Where to from here?

If you require further information on award coverage specific to your Council, contact:

Industrial Unit Workplace Solutions Division (02) 9242 4142 [email protected]

HR Advance

HR Advance is a comprehensive library of fully customisable human resource documents

including policies, forms, correspondence and checklists. These documents can be tailored

specifically for your Council through a series of simple step-by-step processes for each

document.

For more information visit: www.lgnsw.hradvance.com.au

LGNSW Learning Solutions

LGNSW Learning Solutions coordinates a range of high-quality and cost-effective professional

development options for NSW councils. Visit lgnsw.org.au/learning for details on all of our

programs.

For more information visit: [email protected]

mailto:[email protected]

http://www.lgnsw.hradvance.com.au/

http://www.lgnsw.org.au/learning

mailto:[email protected]

Annexure A – Ordinary hours 1. Modern Awards

** Unless highlighted in GREEN the modern award cannot be used by local government entities as the LGIA will instead apply – see Chapter on ‘Coverage’

Award Clause:

Daily Max Notes Clause:

Span Notes

Aged Care Award 2010 22.1(c) 8 hours (day shift) or 10 hours (night shift). 22.2(a) 6am and 6pm Monday to Friday.

Airport Employees Award 2010 27.2(c) 12 hours. 27.2(b)-(c) 630am and 630pm Monday to Friday.

Amusement, Events & Recreation Award 2010 21.2 8 hours. Except that: (a) 10 hours can be worked on any one day by mutual agreement between the employer and the majority of employees involved; and (b) 12 hours can be worked on any one day by agreement in writing by an employer and an individual employee.

21.3 Continuously, Monday to Sunday.

Banking, Finance and Insurance Award 2010 22.2 No daily max. 22.1 7am to 7pm Monday to Friday and 8am to 12 noon Saturday. Provided that on not more than one night per week, which must be specified in advance by the employer, the span of ordinary hours may be worked up to 9pm.

Building & Construction General On-Site Award 2010 33.1(a) 8 hours. 33.1 7am to 6pm, Monday to Friday.

Car Parking Award 2010 21.1(b) 7.6 hours. Or up to 10 hours per day by agreement between an individual employee and the employer.

21.1(b) 7am-7pm, Monday to Sunday.

Cemetery Industry Award 2010 21.2(a) 8 hours. 21.1 7am to 6pm, Monday to Friday.

Children’s Services Award 2010 21.3 12 hours. 2.1.2 and 21.3

6:00am to 6:30pm, Monday to Friday.

Cleaning Services Award 2010 24.1(c) 7.6 hours. Except that: by mutual agreement between the employer and the majority of employees, employees may be rostered for up to 10 hours per day.

24.1(a) and 27.1

Monday to Sunday. No specification re: hourly span. However shift work provs. come into effect for any shift Monday to Friday starting before 6am or any shift finishing after 6 pm.

Clerks – Private Sector Award 2010 25.1(c) 10 hours. 25.1(b) 7am to 7pm, Monday to Friday and 7am to 12.30 pm, Saturday.

Educational Services (Teachers) Award 2010 19 This clause of the award supplements the 19 See notes.

46

NES that deals with maximum weekly hours. Due to the operational requirements of employers in the industry, the ordinary hours under this award may be averaged over a 12 month period.

Fitness Industry Award 2010 24.2 10 hours. 24.1 Hours may be worked over any 5 days of the week, between the hours of 5am and 11pm, Monday to Friday; and 6am and 9pm, Saturday and Sunday.

Health Professionals & Support Services Award 2010 23.2 10 hours. 6.00 am and 6.00 pm Monday to Friday.

Horticulture Award 2010 22.1(c) 8 hours. Except by arrangement between the employer and the majority of employees in the section/s concerned in which case ordinary hours should not exceed 12 hours on any day.

22.1(b) The ordinary hours will be worked between 6am and 6pm except if varied by arrangement between the employer and the majority of the employees in the section/s concerned.

Hospitality Industry (General) Award 2010 29.1(b) 11 hours. Except where shifts are broken, in which case 12 hours.

29 and 32.3

Monday to Sunday. No specification re: hourly span. However, employees are entitled to an additional penalty for work performed between: Monday–Friday—7.00 pm to midnight: (10% of the standard hourly rate); and Monday–Friday—midnight to 7.00 am: (15% of the standard hourly rate).

Live Performance Award 2010 26.2(a)(iii) 8 hours. 26.2(a)(iv) Between 9am and 11.15 pm, across no more than 6 days of the week.

Local Government Industry Award 2010 21.5

10 hours. Except by agreement between the employer and employee, up to a maximum of 12 hours.

21.3 and 21.2

6am - 6pm, subject to some exceptions for certain employee functions: see clause 21.3(a). Monday-Friday/Monday-Sunday, depending on the employee’s function: see clause 21.2(b).

Marine Tourism and Charter Vessels Award 2010 22.2(b) 12 hours. 22.2(c) Monday to Saturday, 6am and 2am the next day, or during any other six day period in any week mutually agreed upon between an employer and an employee.

Medical Practitioners Award 2010 22 No daily max. However, must have eight hours off duty between successive periods of duty.

21 6am to 6pm, Monday to Friday (medical practitioners except senior doctors) and 7am and 6pm Monday to Friday (senior doctors).

Nursery Award 2010 24.2(c) 8 hours. Except by arrangement between an employer and an employee – then up to 10 hours.

24.2(b) 6am and 6pm on any five out of seven days. Provided that the ordinary hours of work may be worked between 6am and 9pm on one day per week between Monday and Friday.

Nurses Award 2010 21.2 10 hours. 22.1 6am and 6pm, Monday to Friday.

Professional Employees Award 2010 18.1 No daily max and no span. 18.1 No daily max and no span.

https://extranet.deewr.gov.au/ccmsv8/fwa_website/awardmod/Current_MA/standard_rate




47

Quarrying Award 2010 25.3 10 hours (unless it is otherwise agreed between the employer and the majority of employees).

25.2 Monday to Friday, 6.30am and 6pm; or between such hours as is agreed between the employer and the majority of the employees.

SCHC & Disability Services Industry Award 2010 25.1(a) 8 hours. 25.2 6am and 8pm, Monday to Sunday.

Surveying Award 2010 21.1 No daily max (only 38 hour weekly max). 21.1 6am and 6pm, Monday to Friday; unless altered by agreement between the employer and the majority of employees concerned. During periods when daylight saving is in operation the spread of hours may be 5am to 5pm where there is agreement between the employer and the majority of employees affected.

Waste Management Award 2010 27.2 8 hours. 27.2 Monday to Friday, 4am and 5 pm.

Water Industry Award 2010 25.2(b) 10 hours. Or by agreement between the employer and employee, up to a maximum of 12 hours.

25.2(a) 6am to 6pm, Monday to Friday.

48

2. State Awards

** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply – see Chapter on ‘Coverage’

Award Clause: Daily Max

Notes Clause: Span

Notes

Charitable, Aged & Disability Care Services (State) Award 7(iv) 10 hours day shift; 11 hours night

shift. 7(i)(a) Shift must commence on or after 6:00am

or on or after 10:30am, Monday to Friday.


NA Nil 2.7(c) Shift must commence on or after 6:00am or on or after 10:00am, Monday to Friday.


7(iv) 10 hours day shift; 11 hours night shift.

7(i)(a) Shift must commence on or after 6:00am or on or after 10:30am, Monday to Friday.

Entertainment & Broadcasting Industry – Live Theatre & Concert (State) Award

22.1.3 12 hours. 22.1.2 Monday to Sunday, 7.00 a.m. to midnight.

Health, Fitness & Indoor Sport Centres (State) Award 7(a) 10 hours; 8 hours for casuals. NA` Nil

Nurses Other Than In Hospitals &c (State) Award 2006 2(v) 8 hours. 2(v) Monday to Friday, 7.00am and 7.00pm.

Nursing Home &c Nurses (State) Award 2(iv) 10 hours day shift; 11 hours night shift.

2(i) Shift must commence on or after 6:00am or on or after 10:00am, Monday to Friday.

Local Government (State) Award 2014 18A(viii) 12 hours. 18A(iii) Monday to Sunday, 6am to 6pm.

Local Government (Electricians) (State) Award 11A(i) 12 hours. 11A(i) Monday to Friday.

49

Annexure B – Casual Employment (minimum engagement and loading)

1. Modern Awards


Award Clause: Min Eng.

Notes Clause: Loading

Notes

Aged Care Award 2010 22.7(b) 2 hours 10.4(b) Casual loading does not include severance.

Airport Employees Award 2010 NA No minimum engagement. 12.4(b) Not specified what loading includes.

Amusement, Events & Recreation Award 2010 10.4(e) 3 hours 10.4(d) Not specified what loading includes.

Banking, Finance and Insurance Award 2010 NA No minimum engagement. 10.3(3) Casual loading includes severance.

Building & Construction General On-Site Award 2010 14.4 4 hours 14.5 Casual loading includes severance.

Car Parking Award 2010 10.5(e) 3 hours 10.5(d) Casual loading includes severance.

Cemetery Industry Award 2010 10.3(c) 2 hours 10.3(b) Casual loading includes entitlements to leave and other matters from which casuals are excluded by the terms of the NES.

Children’s Services Award 2010 10.5(c) 2 hours 10.5(a) Not specified what loading includes.

Cleaning Services Award 2010 24.2 1 hour 12.5(a) Not specified what loading includes.

Clerks – Private Sector Award 2010 12.4 3 hours 12.2 Casual loading includes entitlements to leave and other matters from which casuals are excluded by the terms of the NES.

Educational Services (Teachers) Award 2010 14.5(b) 1/2 day in schools and 1/4 of a day in early childhood.

NA Not specified what loading includes.

Fitness Industry Award 2010 13.4-5 3 hours.1 hour if a Level 2, 3, 3A, 4 or 4A instructor or trainer or student.

13.2 Not specified what loading includes.

Health Professionals & Support Services Award 2010 10.4(c) 3 hours. 2 hours if a cleaner 10.4(b) Casual loading is paid instead of the paid leave entitlements of full-time employees.

Horticulture Award 2010 NA No minimum engagement 10.4(c) Casual loading includes severance.

Hospitality Industry (General) Award 2010 13.2 2 hours 13.1 Casual loading includes severance.

Live Performance Award 2010 10.4(e) 3 hours 10.4(c) Casual loading includes severance.

Local Government Industry Award 2010 NA No minimum engagement 10.5(b) Casual loading includes entitlements to leave and other matters from which casuals are excluded by the terms of the NES.

Marine Tourism and Charter Vessels Award 2010 10.3(ii) 1/2 day if they are an overnight charter employee and 2 hours if they are a non-overnight charter employee

13.1-2 Not specified what loading includes.

50

Medical Practitioners Award 2010 NA No minimum engagement 10.4 Not specified what loading includes.

Nursery Award 2010 10.4(c) 2 hours 10.4(b) Not specified what loading includes.

Nurses Award 2010 10.4(c) 2 hours 10.4(b) Not specified what loading includes.

Professional Employees Award 2010 NA No minimum engagement 11.4(b) Casual loading includes severance.

Quarrying Award 2010 13.2(b) 3 hours 13.3 Casual loading includes severance.

SCHC & Disability Services Industry Award 2010 10.4(c)

3 hours for social and community work (excluding disability work); 1 hour for home care; and 2 hours for all other employees.

10.4(b) Casual loading includes paid leave entitlements otherwise accrued by full-time employees.

Surveying Award 2010 NA No minimum engagement 11.2(b) Casual loading includes annual leave, personal/carer’s leave, bereavement leave and public holidays.

Waste Management Award 2010 14.6 4 hours 14.4 Not specified what loading includes.

Water Industry Award 2010 NA No minimum engagement 10.5(b) Casual loading includes paid leave under this award and the NES.

51

2. State Awards


Award Clause:

Min Eng. Notes Clause:

Loading Notes

Charitable, Aged & Disability Care Services (State) Award 7(v) 2 hours; 1 hour for homecare. 43(ii)(c) No severance payable on termination.


12.2 2 hours. 30.1(a) No severance payable on termination.


7(v) 2 hours; 1 hour for homecare. 43(ii)(c) No severance payable on termination.


11.3.1 4 hours. 15A(i) No severance payable on termination.

Health, Fitness & Indoor Sport Centres (State) Award 5(b) 3 hours; 1 hour for instructors. 33(i) No severance payable on termination.

Nurses Other Than In Hospitals &c (State) Award 2006 ****The Nurses (Private Sector) Redundancy (State) Award applies re: termination

5(Pt2)(iv) 3 hours. 3(i)**** No severance payable on termination.

Nursing Home &c Nurses (State) Award ****The Nurses (Private Sector) Redundancy (State) Award applies re: termination

21(pt2)(ii) 2 hours. 3(i)**** No severance payable on termination.

Local Government (State) Award 2014 NA Nil 26(vi) Casual loading includes severance.

Local Government (Electricians) (State) Award NA Nil 12(ii)(b) Casual loading does not include severance.

52

Annexure C – Notice of Termination and Severance Pay Provisions

1. Modern Awards


Award Clause: Notice

Notes Clause: Severance

Notes

Aged Care Award 2010 11.1 As per the NES - An employer has to give the following minimum notice periods when dismissing an employee: Period of continuous

service Minimum notice

period Less than 1 year 1 week 1-3 years 2 weeks 3-5 years 3 weeks over 5 years 4 weeks An employee is entitled to an extra week of notice if they are over 45 years old and have 2 years of service.

12.1 As per the NES – Employee’s period of

continuous service with the employer on termination

Severance pay period

At least 1 year but less than 2 years 4 weeks









At least 10 years 12 weeks

Airport Employees Award 2010 13.1 As per the NES 14.1 As per the NES

Amusement, Events & Recreation Award 2010 11.1 As per the NES 12.1 As per the NES

Banking, Finance and Insurance Award 2010 11.1 As per the NES. 12.1 As per the NES.


16.1 As per the NES 17.3

Period of continuous service with

Severance pay

53

an employer

1 year or more but less than 2 years

2.4 weeks’ pay plus for all service in excess of 1 year,1.75 hours pay per completed week of service up to a maximum of 4.8 weeks’ pay

2 years or more but less than 3 years

4.8 weeks’ pay plus, for all service in excess of 2 years,1.6 hours pay per completed week of service up to a maximum of 7 weeks’ pay

3 years or more than but less than 4 years

7 weeks’ pay plus, for all service in excess of 3 years,0.73 hours pay per completed week of service up to a maximum of 8 weeks’ pay

4 years or more

8 weeks’ pay

Provided that an employee employed for less than 12 months will be entitled to severance payment of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the employee.

Car Parking Award 2010 11.1 As per the NES 12.1 As per the NES

Cemetery Industry Award 2010 11.1 As per the NES 12.1 As per the NES

Children’s Services Award 2010 11.1 As per the NES 12.1 As per the NES

Cleaning Services Award 2010 13.1 As per the NES 14.1 As per the NES

Clerks – Private Sector Award 2010 13.1 As per the NES 14.1 As per the NES

Educational Services (Teachers) Award 2010 11.2-3 As per the NES. NES is also supplemented by additional minimum requirements: 7 school term weeks’ notice for school teachers and 4 preschool term weeks’ notice for non-school teachers

12.1 As per the NES

Fitness Industry Award 2010 14.1 As per the NES 15.1 As per the NES


11.1 As per the NES 12.1 As per the NES

Horticulture Award 2010 11.1 As per the NES 12.1 As per the NES

54

Hospitality Industry (General) Award 2010 16.1 As per the NES 17.1 As per the NES

Live Performance Award 2010 11.1 As per the NES 12.1 As per the NES

Local Government Industry Award 2010 11.1 As per the NES 12.1 As per the NES

Marine Tourism and Charter Vessels Award 2010 11.1 As per the NES 12.1 As per the NES

Medical Practitioners Award 2010 11.1 As per the NES 12.1 As per the NES

Nursery Award 2010 12.1 As per the NES 13.1 As per the NES

Nurses Award 2010 11.1 As per the NES 12.1 As per the NES

Professional Employees Award 2010 12.2 1 months’ notice 13.1 As per the NES

Quarrying Award 2010 14.1 As per the NES 15.1 As per the NES

SCHC & Disability Services Industry Award 2010 11.1 As per the NES 12.1 As per the NES

Surveying Award 2010 12.1 As per the NES 13.1 As per the NES

Waste Management Award 2010 16.1 As per the NES 17.1 As per the NES

Water Industry Award 2010 11.1 As per the NES 12.1 As per the NES

55

2. State Awards


Award Clause: Notice Notes Clause: Severance

Notes


43(ii)**

Period of Continuous

Service Minimum Period of

Notice 1 year or less 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 Also: 4 weeks for Gr 4 and 5 Care Service Employees and 1 additional week for employees aged >45 years.

42(v)** Where the employee is under 45 years of age:

Minimum Years of Service Retrenchment Pay

Less than 1 year Nil 1 year and less than 2 years

4 weeks’ pay

2 years and less than 3 years

7 weeks’ pay


10 weeks’ pay


12 weeks’ pay


14 weeks’ pay

6 years and over 16 weeks’ pay.

Where the employee is 45 years of age:

Minimum Years of Service

Retrenchment Pay

Less than 1 year Nil 1 year and less than 2 years

5 weeks’ pay


8.75 weeks’ pay


12.5 weeks’ pay


15 weeks’ pay


17.5 weeks’ pay

6 years and over 20 weeks’ pay


29.4**

Years of Continuous Service

Notice Required

Not more than 1 year at least one week

30.13 As per clause 42(v)** above.

56

More than 1 but not more than 3 years

at least two weeks

More than 3 but not more than 5 years

at least three weeks

More than 5 years at least four weeks

Where an employee is over 45 years of age they shall receive, in addition to the above table, one week's extra notice, provided the employee has had two years' service.


43(ii) As per clause 43(ii)** above. 42(v) As per clause 42(v)** above.


14.1 As per clause 29.4** above. 15E(i) As per clause 42(v)** above.


33(iv) As per clause 29.4** above. 33(v) As per clause 42(v)** above.

Nurses Other Than In Hospitals &c (State) Award 2006 ****The Nurses (Private Sector) Redundancy (State) Award applies re: termination and redundancy

6(i) As per clause 29.4** above. 7(i) As per clause 42(v)** above.

Nursing Home &c Nurses (State) Award ****The Nurses (Private Sector) Redundancy (State) Award applies re: termination and redundancy

6(i) As per clause 29.4** above. 7(i) As per clause 42(v)** above.

Local Government (State) Award 2014

38(iv)

EMPLOYEE'S

PERIOD OF

CONTINUOUS

SERVICE

PERIOD

OF

NOTICE

Less than 2 years At least

2 weeks

2 years and less than 3

years At least

3 weeks

39(vi)(b)

COMPLETED YEARS OF

SERVICE WITH THE

EMPLOYER ENTITLEMENT


1 year and less than 2 years 5 weeks pay



57


years At least

4 weeks

5 years and beyond At least

5 weeks







years 31 weeks pay

10 years and thereafter 34 weeks pay


29(iv)

If the employee is < 45 years -

Employee's Period of Continuous

Service

Period of Notice

Less than 3 years At least 2 weeks notice


At least 3 weeks notice

5 years and beyond At least 4 weeks notice

If the employee > 45 years -

Employee's Period of

Continuous Service

Period of Notice

Less than 2 years At least 2 weeks


At least 3 weeks


At least 4 weeks

5 years and beyond

At least 5 weeks

30(vi) If the employee is < 45 years of age:

Completed Years of

Entitlement

Service with council


1 year and less than 2 years

4 weeks pay


7 weeks pay


10 weeks pay


12 weeks pay


14 weeks pay


16 weeks pay

7 years and beyond

An additional 2 weeks pay for each year

in excess of 7

58

years service up to 10

weeks pay

If the employee is > 45 years -

Completed Years of Service with

Entitlement

council


1 year and less than 2 years

5 weeks pay


8.75 weeks pay


12.5 weeks pay


15 weeks pay


17.5 weeks pay


20 weeks pay

7 years and beyond An additional 2 weeks pay for each year

in excess of 7years service up to 6

weeks pay

59

Annexure D – Leave provisions

Personal/Carer’s Leave (including sick leave)


1. Modern Awards

Award Clause: What is included in the leave? Aged Care Award 2010 30 As per the NES –

10 days per year (accrues progressively) which can be used for the following: - Personal illness of injury (sick leave);

- To care for an ill or injured family member (carer’s leave);

- Up to 2 days can be used where there is a death/life-threatening incident in the family (compassionate

leave)

Airport Employees Award 2010 32.1 As per the NES.

Amusement, Events & Recreation Award 2010 25 As per the NES.

Banking, Finance and Insurance Award 2010 25 As per the NES.


39.1 As per the NES.

Car Parking Award 2010 26 As per the NES.

Cemetery Industry Award 2010 25 As per the NES.

Children’s Services Award 2010 25 As per the NES.

Cleaning Services Award 2010 30 As per the NES.

Clerks – Private Sector Award 2010 30.1-2 As per the NES. Also – Casual employees are entitled to be not available for work or to leave work to care for a person who is sick. Leave is unpaid and for a maximum of 48 hours.

Educational Services (Teachers) Award 2010 24 As per the NES.

Fitness Industry Award 2010 28 As per the NES.


33 As per the NES.

Horticulture Award 2010 26 As per the NES.

Hospitality Industry (General) Award 2010 35 As per the NES.

Live Performance Award 2010 20 As per the NES.

Local Government Industry Award 2010 25A As per the NES.

60

Marine Tourism and Charter Vessels Award 2010 24 As per the NES.

Medical Practitioners Award 2010 30 As per the NES.

Nursery Award 2010 28 As per the NES.

Nurses Award 2010 34 As per the NES.

Professional Employees Award 2010 20 As per the NES.

Quarrying Award 2010 30 As per the NES.

SCHC & Disability Services Industry Award 2010 32 As per the NES.

Surveying Award 2010 25 As per the NES.

Waste Management Award 2010 34 As per the NES.

Water Industry Award 2010 28 As per the NES.

61

** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply –

see Chapter on ‘Coverage’ 2. State Awards

Award Clause: What is included in the leave? Charitable, Aged & Disability Care Services (State) Award 22(ii) 76 hours for each year of service.


17.1 76 hours for each year of service.


22(ii) 76 hours for each year of service.


27.2 76 hours for each year of service.

Health, Fitness & Indoor Sport Centres (State) Award 14(d) During the first year of service – 38 hours. During the second year of service – 60.8 hours. During the third and subsequent years of service – 76 hours.

Nurses Other Than In Hospitals &c (State) Award 2006 13(i) 40 hours of working time in the first year of service. 64 hours of working time in the second and subsequent years of service.

Nursing Home &c Nurses (State) Award 24(i) 76 hours for each year of service.

Local Government (State) Award 2014 21A 3 weeks for each year of service. ***Carer’s Leave, Emergency Services Leave, and Health and Wellbeing Leave are all deducted from an employee’s Sick Leave entitlement.

Local Government (Electricians) (State) Award 18(f) 3 weeks for each year of service.

62

Annual leave


1. Modern Awards

Award Clause:

Quantity Notes Clause:

Loading Notes

Aged Care Award 2010 28.1 As per the NES – An employee (other than a casual employee) is entitled to 4 weeks of paid annual leave for each year of service. Annual

leave accrues progressively. An employee classified as a

‘shiftworker’ is entitled to 5 weeks paid annual leave.

28.3 17.5%. Shiftworkers are paid the higher of 17.5% or the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.

Airport Employees Award 2010 31.1-2 As per the NES. Plus an employee will be entitled to additional annual leave for each year of service or part thereof at a remote locality as follows:

Townsville 2 days Mt Isa 3 days Alice Springs 5 days Darwin 5 days Yulara 5 days Tennant Creek 7 days


Amusement, Events & Recreation Award 2010

24 As per the NES. NA Nil

Banking, Finance and Insurance Award 2010

24.1 As per the NES. 24.3 17.5%. Shiftworkers are paid the higher of 17.5% or the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.



Car Parking Award 2010 25.1 As per the NES. 25.6 17.5%. Shiftworkers are paid the higher of 17.5% or the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.

Cemetery Industry Award 2010 24.1 As per the NES. 24.2 17.5%.

Children’s Services Award 2010 24.1 As per the NES. 24.3 17.5%

Cleaning Services Award 2010 29.1 As per the NES. 29.4 17.5%. Shiftworkers are paid the higher of 17.5% or the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.

63

Clerks – Private Sector Award 2010


Educational Services (Teachers) Award 2010

21.1 As per the NES. 23.2 17.5%.

Fitness Industry Award 2010 27.1 As per the NES. 27.2 17.5%.


31 As per the NES. 31.2 17.5%. Shiftworkers are paid the higher of 17.5% or the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.

Horticulture Award 2010 25.1 As per the NES. 25.6 17.5%.

Hospitality Industry (General) Award 2010

34.1 As per the NES. 34.2 17.5%.

Live Performance Award 2010 19.1 As per the NES. 19.3 17.5% (not payable for service of less than 12 months).

Local Government Industry Award 2010

25.1 As per the NES. 25.4 17.5% (the maximum amount of loading that an employer may be required to pay in a year will not exceed 70% of the minimum weekly rate for Level 11).

Marine Tourism and Charter Vessels Award 2010

21.1 As per the NES. 21.3 17.5%.

Medical Practitioners Award 2010 28.1 As per the NES. Plus a Medical Practitioner required to work shifts including weekends is entitled to an additional week’s annual leave.


Nursery Award 2010 27.1 As per the NES. 27.4 17.5%.

Nurses Award 2010 31.1 As per the NES. 31.4 17.5%. Shiftworkers are paid the higher of 17.5% or the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.

Professional Employees Award 2010

19.1 As per the NES. 19.2 17.5%.

Quarrying Award 2010 29.1 As per the NES. 29.6 17.5%. Shiftworkers are paid the higher of 17.5% or the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.

SCHC & Disability Services Industry Award 2010


Surveying Award 2010 24.1 As per the NES. 24.2 17.5%

Waste Management Award 2010 33.1 As per the NES. 33.2 17.5%. Shiftworkers are paid the higher of 17.5% or the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.

Water Industry Award 2010 27.1 As per the NES. 27.3 17.5%

65


2. State Awards

Award Clause: Quantity

Notes Clause: Loading

Notes


19(i)-(ii)** As per the Annual Holidays Act 1944. Section 3(1)(b) = 4 weeks. Plus: Employees who work their ordinary hours on Sundays and/or PHs receive additional annual leave if they have worked:

Full-time Employees Permanent part-time

Employees

3 shifts or less Nil Nil

4 – 10 shifts one day 0.2 weeks

11 – 17 shifts two days 0.4 weeks

18 – 24 shifts three days 0.6 weeks

25 – 31 shifts four days 0.8 weeks

32 or more shifts five days 1 week.

20(i) 17.5%. Shiftworkers are paid the higher of 17.5% or the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.


14.1 As per the Annual Holidays Act 1944. Section 3(1)(b) = 4 weeks.

15.5 17.5%


19(i)-(ii) As per 19(i)-(ii)** above. 20(i) 17.5%. Shiftworkers are paid the higher of 17.5% or the weekend and shift penalties the employee would have received had they not been on leave during the relevant period.


26.1 152 hours for each year of service. 26.3 17.5%


17(a) As per the Annual Holidays Act 1944. Section 3(1)(b) = 4 weeks.

18(a) 17.5%


10(i)(a) 4 weeks. Plus employees who are rostered to work their ordinary hours on Sundays and/or

11(ii) 17.5%

66

holidays receive:

# of ordinary shifts worked on

Sundays Additional payment

and/or holidays

4 – 10 one-fifth of one week’s ordinary

salary 11 – 17 two-fifths of one week’s ordinary

salary 18 – 24 three-fifths of one week’s ordinary

salary 25 – 31 four-fifths of one week’s ordinary

salary 32 or more one week’s ordinary salary

Nursing Home &c Nurses (State) Award 22(i) and 22(ix)

4 weeks. Employees who are required to work on a seven day basis – 6 weeks. In addition, employees who work their ordinary hours on Sundays and/or public holidays are entitled to:

# of shifts worked on Sundays and/or PHs Additional payment

4 to 10 1 day’s additional

annual leave

11 to 17 2 days additional annual

leave


leave


leave

32 or more 5 days additional annual

leave

23(i) 17.5%

Local Government (State) Award 2014 21D(i) 4 weeks. 5 weeks if the employee is regularly required to work a 7 day a week rotating roster system.

NA Nil


17(i) 4 weeks. 17(iv) 17.5%

67



1. Modern Awards

Award Clause:

Paid Notes Clause:

Unpaid Notes

Aged Care Award 2010 NA No entitlement to anything

above the Australian Government’s Paid Parental

Leave Scheme. Australian Government Paid

Parental Leave Scheme Eligible employees who are the primary carer of a newborn or adopted child get 18 weeks of leave paid at the national minimum wage. These payments are made to the employer first, who then pays them to the employee. These payments can be paid before, after or at the same time as other entitlements such as annual leave and long service leave. Paid parental leave from the Australian Government does not affect or replace paid parental leave from an employer (where applicable) – an employee can be paid both.

6 As per the NES – Parental leave - 12 months of unpaid parental leave provided the

employee has completed 12 months of continuous

service.

- An employee taking 12 months parental leave may

request an extension of a further 12 months leave (up

to 24 months in total).

Adoption leave - Employees who are taking parental leave to care for

an adopted child are also entitled to 2 days unpaid

pre-adoption leave to attend relevant interviews or

examinations.

Special maternity leave - An eligible employee is entitled to special maternity

leave is unfit for work due to a pregnancy-related

illness or if the pregnancy ends, not in the birth of a

living child.

A safe job and no safe job leave - A pregnant employee is entitled to be a transferred to

an ‘appropriate safe job’. The employer must pay the

employee at their full rate of pay for the position they

were in before the transfer and for the hours they

work during the risk period. If there is no appropriate

safe job available, and the employee is entitled to

unpaid parental leave then the employee is entitled to

take paid ‘no safe job leave’ for the risk period, and be

paid at their base rate of pay

68

A right to return to old job. - An employee is guaranteed to return to work

immediately following a period of unpaid parental

leave, entitling them to: their pre-parental leave

position, or if that position no longer exists, an

available position for which they are qualified and

suited, which is nearest in status and pay to their pre-

parental leave position.

Airport Employees Award 2010 NA No entitlement to anything above the Australian

Government’s Paid Parental Leave Scheme.

33.1 As per the NES.

Amusement, Events & Recreation Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Banking, Finance and Insurance Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Building & Construction General On-Site Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Car Parking Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Cemetery Industry Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Children’s Services Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Cleaning Services Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Clerks – Private Sector Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Educational Services (Teachers) Award 2010 NA No entitlement to anything above the Australian

Government’s Paid Parental

6 As per the NES.

69

Leave Scheme. Fitness Industry Award 2010 NA No entitlement to anything

above the Australian Government’s Paid Parental

Leave Scheme.

6 As per the NES.

Health Professionals & Support Services Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Horticulture Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Hospitality Industry (General) Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Live Performance Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Local Government Industry Award 2010 NA No entitlement to anything above the Australian


27 As per the NES.

Marine Tourism and Charter Vessels Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Medical Practitioners Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Nursery Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Nurses Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Professional Employees Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Quarrying Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

70

SCHC & Disability Services Industry Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Surveying Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Waste Management Award 2010 NA No entitlement to anything above the Australian


6 As per the NES.

Water Industry Award 2010 NA No entitlement to anything above the Australian


29 As per the NES.


see Chapter on ‘Coverage’ 2. State Awards

Award Clause:

Paid Notes Clause:

Unpaid Notes


38(b)(1) Paid Maternity Leave – 9 weeks. Paid Paternity Leave – 1 week. Paid Adoption Leave – 3 weeks.

38(i) and 38(b)(2)

**As per the IRA: Section 54: Entitlement to unpaid parental leave: 52 weeks (birth or adoption). Section 70: Transfer to a safe job. Section 71: Special maternity leave. Section 72: Special adoption leave. **Plus those entitlements set out in the NES as contained in the FWA that are omitted from the IRA: i.e. unpaid pre-adoption leave and a safe job and paid no safe job leave. Plus: Unpaid Maternity Leave – [As per the IRA]. Unpaid Paternity Leave – An employee is entitled to a further period of unpaid paternity leave of not more than three weeks. Unpaid Adoption Leave – [As per the IRA].

http://www.austlii.edu.au/au/legis/nsw/consol_act/ira1996242/s54.html

71


NA Nil 31(1) **As per the IRA.


38(b)(1) Paid Maternity Leave – 9 weeks. Paid Paternity Leave – 1 week. Paid Adoption Leave – 3 weeks.

38(i) and 38(b)(2)

As per the IRA: Section 54: Entitlement to unpaid parental leave: 52 weeks (birth or adoption). Section 70: Transfer to a safe job. Section 71: Special maternity leave. Section 72: Special adoption leave. **Plus those entitlements set out in the NES as contained in the FWA that are omitted from the IRA: i.e. unpaid pre-adoption leave and a safe job and paid no safe job leave. Plus: Unpaid Maternity Leave – [As per the IRA]. Unpaid Paternity Leave – An employee is entitled to a further period of unpaid paternity leave of not more than three weeks. Unpaid Adoption Leave – [As per the IRA].


NA Nil 30(i) **As per the IRA.


NA Nil 15A(i) **As per the IRA.


NA Nil 14A(i) **As per the IRA.

Nursing Home &c Nurses (State) Award NA Nil 26A(i) **As per the IRA.

Local Government (State) Award 2014 21H(iii) 21I 21J

“Make-up” pay – 18 weeks. Covers the gap between PPL instalments and the employee’s ordinary pay. Concurrent parental leave – 2 weeks deducted from sick leave entitlement. Pre-adoption leave – 2 days paid pre-adoption leave. Adoption leave –

21F **As per the IRA.

http://www.austlii.edu.au/au/legis/nsw/consol_act/ira1996242/s54.html

72

Child <5 years of age = 9 weeks full pay or 18 weeks half pay; child between 5-16 years = 4 weeks full pay or 8 weeks half pay.

Local Government (Electricians) (State) Award NA Nil 20A(i) **As per the IRA.

73

Long service leave


1. Modern Awards

Award Clause: Notes:

Aged Care Award 2010 NA Under the NES, an employee is entitled to long service leave in accordance with their applicable pre-modernised award. Modern awards (from 1 January 2010) cannot include terms dealing with long service leave. If there are no award terms regarding long service leave, the entitlement to long service leave comes from State and Territory laws. I.e. Long Service Leave Act 1955 (NSW).

Airport Employees Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Amusement, Events & Recreation Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Banking, Finance and Insurance Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Building & Construction General On-Site Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Car Parking Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Cemetery Industry Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Children’s Services Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Cleaning Services Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Clerks – Private Sector Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Educational Services (Teachers) Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Fitness Industry Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Health Professionals & Support Services Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Horticulture Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Hospitality Industry (General) Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Live Performance Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Local Government Industry Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Marine Tourism and Charter Vessels Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Medical Practitioners Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Nursery Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Nurses Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Professional Employees Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Quarrying Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

SCHC & Disability Services Industry Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Surveying Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Waste Management Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

Water Industry Award 2010 NA As per the Long Service Leave Act 1955 (NSW).

75


see Chapter on ‘Coverage’

2. State Awards

Award Clause: Notes Charitable, Aged & Disability Care Services (State) Award 21(i)(a) 2 months long service leave on ordinary pay after ten years' service; thereafter additional long

service leave shall accrue on the basis of five months long service leave for each ten years' service. This additional leave may be taken on a pro-rata basis each five years after completing the initial 10 year period of service.


18.1 As per the Long Service Leave Act 1955 (NSW).


21(i)(a) 2 months long service leave on ordinary pay after ten years' service; thereafter additional long service leave shall accrue on the basis of five months long service leave for each ten years' service. This additional leave may be taken on a pro-rata basis each five years after completing the initial 10 year period of service.


NA As per the Long Service Leave Act 1955 (NSW).

Health, Fitness & Indoor Sport Centres (State) Award 25(a) As per the Long Service Leave Act 1955 (NSW).

Nurses Other Than In Hospitals &c (State) Award 2006 12 As per the Long Service Leave Act 1955 (NSW).

Nursing Home &c Nurses (State) Award 25(ii) 2 months after ten years' continuous service with the same employer; an additional 1 month after 15 years' continuous service; and for each five years' continuous service thereafter an additional one and one-half months. Where the service of an employee with at least five years' service is terminated, the employee shall be entitled to long service leave as follows: For the first five years’ service - one month. For the next ten years’ service - a proportionate amount calculated on the basis of one month for each additional five years. For all subsequent service - a proportionate amount calculated on the basis of 1.5 months for each additional five years.

Local Government (State) Award 2014 21E(i) An employee shall be entitled to Long Service Leave at the ordinary rate of pay as follows: Length of Service Entitlement After 5 years' service 6.5 weeks After 10 years' service 13 weeks After 15 years' service 19.5 weeks After 20 years' service 30.5 weeks For every completed period of 5 years' service thereafter 11 weeks

Where an employee has completed more than five years service with the employer and is terminated for any cause, long service leave shall be deemed to have accrued for the employee's total length of service and an amount equivalent to such long service leave, less such leave already taken, computed in monthly periods and equivalent to 1.3 weeks for each year of service up to 15 years and 2.2 weeks for each year of service from 15 years onwards.

76

Local Government (Electricians) (State) Award 22(i)-(ii) An employee upon completion of 10 years continuous service with the presently employing council shall be entitled to long service leave on full pay as follows: (a) For employees engaged by the council prior to 1 July 1995

Length of Service Quantum of Leave After 10 years 13 weeks After 15 years a further 8.5 weeks After 20 years a further 13.5 weeks After every completed period of 5

years a further 13 weeks

(b) For employees engaged by the council on or after 1 July 1995

Length of Service Quantum of Leave After 10 years service 13 weeks After 15 years service a further 6.5 weeks After 20 years service a further 11 weeks For every completed period of 5

years

service thereafter 11 weeks Where an employee has completed at least five years service but less than ten years service with the council, and his/her employment is terminated by the council for any cause or by the employee on account of illness or incapacity or domestic or other pressing necessity or death, the council shall pay to such employee the monetary equivalent of a proportionate amount on the basis of 1.3 weeks pay for each year of service computed in monthly periods.

77

Annexure E – Shift Penalties


1. Modern Awards

Award Clause Notes

Aged Care Award 2010 26.1 All shift loadings are payable for the entire shift ● Afternoon shift commencing at 10.00 am and before 1.00 pm includes an additional payment of 10%

● Afternoon shift commencing at 1.00 pm and before 4.00 pm includes an additional payment of 12.5%

● Night shift - commencing at 4.00 pm and before 4.00 am includes an additional payment of 15%

● Night shift - commencing at 4.00 am and before 6.00 am includes an additional payment of 10%

Airport Employees Award 2010 28.1 28.2

A shift worker receives an additional 15% loading for any hours between 6:00pm and 6:30am whilst working a shift.

Where a shift falls wholly within the hours of 6:00pm and 8:00am, a loading of 30% is payable where the worker only works those shifts, works them for a period in excess of four weeks or works such a shift which does not rotate or alternate with another shift or day work so as to give at least one third of working time off such shift in each shift cycle.

Amusement, Events & Recreation Award 2010 N/A No provision for shift penalties

Banking, Finance and Insurance Award 2010 28.8 All shift loadings are payable for the entire shift ● Afternoon shift means any shift finishing between 6pm and midnight – 20% loading

● Early morning shift means any shift commencing between 4am and 7am – 12.5% loading

● Night shift means any shift finishing between midnight and 8am – 25% loading; and

● Employees who permanently work afternoon or night shift or a combination thereof will be paid an

additional 5% loading.

***Provided that employees who, in accordance with this clause, work ordinary hours up to 9.00 pm on any one night between Monday to Friday inclusive, will not be considered shiftworkers for the purposes of this award.

Building & Construction General On-Site Award 2010 34 The shifts for general building, construction, metal or engineering construction workers are: ● afternoon shift means a shift commencing at or after 1.00 pm and before 3.00 pm – loading of 50%

● night shift means a shift commencing at or after 3.00 pm and before 11.00 pm – loading of 50%

● morning shift means a shift commencing at or after 4.30 am and before 6.00 am – loading of 25%

● early afternoon shift means a shift commencing on or after 11.00 am and before 1.00 pm – loading of

25%

Civil construction sector workers have a different system: ● day shift means any shift starting on or after 6.00 am and before 10.00 am

● afternoon shift means any shift starting at or after 10.00 am and before 8.00 pm

● night shift means any shift starting at or after 8.00 pm and before 6.00 am

78

Employees who work afternoon or evening shift receive a loading of 15% whilst working that shift. An employee who works more than four successive weeks receives a loading of 30%

Car Parking Award 2010 23.4 Afternoon shift is defined as work undertaken between 7:00pm and midnight, and night shift is work undertaken between midnight and 7 am is night shift. A loading of 12.5% is payable during either of these shifts, except where an employee works on a night shift which does not alternate with another shift or day work, in which case they receive a loading of 25%

Cemetery Industry Award 2010 N/A No provision for shift work. Work outside of ordinary hours is considered overtime

Children’s Services Award 2010 23.3 ● Any shift commencing at or after 5.00 am and before 6.00 am includes an allowance of 10%

● Any shift finishing after 6.30 pm and at or before midnight includes an allowance of 15%

● A shift finishing after midnight and at or before 8.00 am or any shift commencing at or before midnight

and finishing before 5.00 am is considered a night shift and includes an allowance of 17.5%

● Any night shift system in which night shifts do not rotate or alternate with another shift so as to give the

employee at least one third of their working time off night shift in each roster cycle incur 30% loading

Cleaning Services Award 2010 27.1 Employees receive a 15% loading for all ordinary hours worked in a shift that starts before 6:00am or finishes after 6:00pm (except for overtime). Where shifts finish after midnight and at or before 8:00am do not rotate or alternate with another shift or day work, then the employee will be paid a loading of 30% for all hours worked.

Clerks – Private Sector Award 2010 28 Afternoon shift is defined as work undertaken between 7:00pm and midnight, and night shift is work undertaken between midnight and 7 am is night shift. A loading of 15% is payable during either of these shifts, except where an employee works on a night shift which does not alternate with another shift or day work, in which case they receive a loading of 30%

Educational Services (Teachers) Award 2010 N/A No provision for shift work.

Fitness Industry Award 2010 N/A No provision for shift work

Health Professionals & Support Services Award 2010 29 Where ordinary hours finish between 6.00 pm and 8.00 am or commence between 6.00 pm and 6.00 am, the employee will be paid an additional 15% of their ordinary rate of pay.

Horticulture Award 2010 22.2 Afternoon shift is defined as work undertaken between 6:00pm and midnight, and night shift is work undertaken between midnight and 8 am is night shift. Both shifts incur a loading of 15%. Shifts cannot exceed 8 hours without the payment of overtime.

Hospitality Industry (General) Award 2010 N/A No provision for shift work

Live Performance Award 2010 N/A No provision for shift work

Local Government Industry Award 2010 23.1 Weekday penalty loading of 20% for ordinary hours worked outside the span of hours.

Marine Tourism and Charter Vessels Award 2010 N/A No provision for shift work, although there are loadings payable depending on the charter for overnight charter employees in clause 20.4.

Medical Practitioners Award 2010 25 A shift worker is defined as an employee who is regularly rostered to ordinary hours outside of the span. Different shift work arrangements apply to different functions. Doctors in training: ● Ordinary hours that commence or end between the hours of 9.00 pm and 6.00 am will be paid an

additional 2.5% of the weekly rate for each such occasion.

79

Career Medical Practitioners and Senior Career Medical Practitioners ● For ordinary hours worked between 6.00 pm and midnight Monday to Friday incur a penalty of 12.5%;

● For ordinary hours worked between midnight and 8.00 am, midnight Sunday incur a penalty of 25%;

Senior Doctors:

● For ordinary hours worked between 6.00 pm and midnight Monday to Friday, a penalty of 12.5% will

apply.

Community Medical Practitioners

● For ordinary hours worked between 5.00 am and before 6.30 am and or finishing between 6.00 pm

and before midnight will incur a penalty of 2.5%;

● For ordinary hours worked between for any shift or part of a shift which is rostered between midnight

and 5.00 am incurs a penalty of 4%. If worked permanently (over four consecutive weeks), the

penalty is 5%.

Nursery Award 2010 N/A No provision for shift work

Nurses Award 2010 29 All employees except Registered Nurses Levels 4 and 5 entitled to the following: ● 12.5% loading on ordinary pay for any shift (between Monday and Friday) commencing not earlier than

12.00 noon and finishing after 6.00 pm on the same day

● 15% loading on any shift (between Monday and Friday) commencing on or after 6.00 pm and finishing

before 7.30 am on the following day

Professional Employees Award 2010 N/A No provision for shift work, but cl. 19.3 provides a definition of shift worker for purposes of determining entitlement to additional week of annual leave under the NES.

Quarrying Award 2010 25.7-25.10.

From Monday to Friday: ● Any shift finishing after 6pm and at or before midnight includes an allowance of 15 extra for such shift%

● Any shift finishing after midnight and at or before 8am includes an allowance of 15 extra for such shift%.

If this is a permanent arrangement, the penalty is 30%

Weekend shifts are subject to weekend penalty rates Social, Community, Home Care & Disability Services Industry Award 2010

29 The following loadings are payable for the entire shift: ● 12.5% loading on ordinary pay for any shift finishing after 8pm and at or before 12 midnight Monday to

Friday

● 15% loading on any shift that finishes after midnight or commences before 6:00 am Monday to Friday

Surveying Award 2010 N/A No provision for shift work

Waste Management Award 2010 28 ● Afternoon shift means a shift where the ordinary hours worked finish after 6.30 pm but not later than

12.30 am. The employee is entitled to a loading of 17.5% of the relevant minimum weekly rate.

● Night shift means a shift where the ordinary hours worked finish after 12.30 am and at or before 8.30 am.

The employee is entitled to a loading of 30% of the relevant minimum weekly rate.

● Casual loading paid in addition to shift allowances.

● If the majority of the shift falls on a Saturday, Sunday, or Public Holidays, those penalty rates will apply

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Water Industry Award 2010 25.5 ● Any shift, other than a 12 hour shift, finishing after 6pm and at or before midnight includes a loading of

15% loading for all ordinary time worked on that shift

● Any shift finishing after midnight and at or before 8am includes a loading of 30% loading for all ordinary

time worked on that shift

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2. State Awards

Award Clause Notes

Charitable, Aged and Disability Care Services (State) Award

15 Full time employees receive the following percentages in addition to their ordinary pay for shifts rostered as follows: ● 10% for afternoon shift commencing after 10:30 a.m. and before 1:00 p.m.

● 12.5% for afternoon shift commencing at or after 1:00 p.m. and before 4:00 p.m.

● 15% for night shift commencing at or after 4:00 p.m. and before 4:00 a.m.

● 10% for night shift commencing at or after 4:00 a.m. and before 6:00 a.m.

Employees working less than full time hours shall only be entitled to the additional rates where their shifts commence prior to 6 am or finish subsequent to 7pm

Charitable Institutions (Professional Paramedical Staff) (State) Award

8 The shifts for shift workers are defined as follows: ● "Day shift" means a shift which commences at or after 6.00 a.m. and before 10.00 a.m.

● "Afternoon shift" means a shift which commences at or after 10.00 a.m. and before 4.00 p.m.

● "Night shift" means a shift which commences at or after 4.00 p.m. and before 6.00 a.m. on the day

following.

The following loadings are payable in addition to the ordinary rate for the shift: ● Afternoon shift commencing at 10am. and before 1pm. - 10 %.

● Afternoon shift commencing at 1pm and before 4.00pm. - 12.5%.

● Night shift commencing at 4pm and before 4am - 15 %.

● Night shift commencing at 4am. and before 6am. - 10 %.

An employer may only engage certain workers as shift workers by written consent. Charitable Sector Aged and Disability Care Services (State) Award

15 Full time employees receive the following percentages in addition to their ordinary pay for shifts rostered as follows: ● 10% for afternoon shift commencing after 10:30 a.m. and before 1:00 p.m.





Entertainment and Broadcasting Industry – Live Theatre and Concert (State) Award

22.1.2 Ordinary hours for a Theatrical Employee engaged specifically as a cleaner may be worked outside the spread of ordinary hours between midnight and 7am, provided that the employee receives a 20% loading for hours worked.

Health, Fitness and Indoor Sport Centres (State) Award

7(d)-(e) Employees will be paid a loading of 30% for all ordinary hours worked between midnight and 6am, except for employees principally engaged as cleaners, who receive a 15% loading.

Nurses, Other Than In Hospitals (State) Award 2006 2(vii) Full time employees receive the following percentages in addition to their ordinary pay for shifts rostered as follows: ● 10% for afternoon shift commencing after 10:30 a.m. and before 1:00 p.m.



82



Nursing Homes, &c., Nurses' (State) Award Full time employees receive the following percentages in addition to their ordinary pay for shifts rostered as follows: ● 10% for afternoon shift commencing after 10:30 a.m. and before 1:00 p.m.





Local Government (State) Award 18C Generally, ordinary hours worked outside the span of 6am to 6pm will attract a loading of 20% for the hours actually worked, except as provided for in clause 18C(ii), which provides for different spread of hours for some functions.

Local Government (Electricians) (State) Award N/A No provision for shift work

83

Annexure F – Weekend Penalty Rates


1. Modern Awards

Award Clause:

Saturday Notes Clause:

Sunday Notes

Aged Care Award 2010 23.1 Time and a half – 150% 23.1 Time and three quarters – 175%

Airport Employees Award 2010 30.1(a) Ordinary hours are Monday to Friday – overtime on Saturday payable at time and a half for the first three hours, double time thereafter.

30.1(b) Ordinary hours are Monday to Friday – overtime on Sunday payable at, double time.

Amusement, Events & Recreation Award 2010 23 No penalty rate 23.3 Time and a half (150%) with a minimum payment of four hours

Banking, Finance and Insurance Award 2010 23.1(b) Ordinary hours are Monday to 12 noon Saturday – overtime worked on a Saturday is paid at double time.

23.1(c) Double time (200%).

Building & Construction General On-Site Award 2010 37 Ordinary hours are Monday to Friday – overtime on Saturday payable at time and a half for the first two hours, double time thereafter.

37 Ordinary hours are Monday to Friday – overtime on Sunday payable at, double time with a minimum payment of four hours.

Car Parking Award 2010 23.5(a) Time and a half – 150% 23.5(b) Double time (200%)

Cemetery Industry Award 2010 23.1(a) Ordinary hours are Monday to Friday – overtime on Saturday payable at time and a half for the first two hours, double time thereafter.

23.1(b) Ordinary hours are Monday to Friday – overtime on Sunday payable at, double time with a minimum payment of four hours.

Children’s Services Award 2010 23.4(a) Ordinary hours are Monday to Friday – overtime on Saturday payable at time and a half for the first two hours, double time thereafter, with a minimum payment of four hours.

23.4(c) Ordinary hours are Monday to Friday – overtime on Sunday payable at, double time with a minimum payment of four hours.

Cleaning Services Award 2010 27.2(a) Time and a half – 150% 27.2(b) Double time – 200%

Clerks – Private Sector Award 2010 27.2(a) Time and a quarter (125%) within the spread of 7:00am to 12:30pm. Hours outside of this are overtime.

27.2(b) Double time – 200% with a minimum period of four hours, provided the employee is available to work for four hours.

Educational Services (Teachers) Award 2010 N/A N/A Fitness Industry Award 2010 26.3(a) Time and a quarter (125%) 26.3(b) Double time – 200%

Health Professionals & Support Services Award 2010 24, 26.1 Generally, span of hours is Monday to Friday, with the following exceptions: ● Private practice span of hours on

Saturday from 8:00am to 4:30pm, paid at

24.3(b) Hours on Sunday are overtime, with the exception of a seven day practice, where the span of hours on a Sunday are 7:00am to 9:00pm and paid at time and a half.

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time and a half

● Physiotherapy practices span of hours

on Saturday are 6:00am to 12 noon, paid

at time and a half.

● Five and a half day practice span of

hours on Saturday are 8:00am to

1:00pm, paid at time and a half

● Seven day practice is from 7:00am to

9:00pm, paid at time and a quarter

Horticulture Award 2010 22,24.2(b)

Ordinary hours are Monday to Friday, unless there is an arrangement between the employer and the majority of the employees. If overtime is worked on Saturday, then it is paid at time and a half. If employees are required to work Saturday, but the majority want to work Sunday instead, then that work will be paid as if it was a Saturday.

22, 24.2 Ordinary hours are Monday to Friday, unless there is an arrangement between the employer and the majority of the employees. If overtime is worked on Sunday, then it is paid at double time, with the exception of the harvest period, where the first 5 hours are paid at time and a half.

Hospitality Industry (General) Award 2010 32.1 Time and a quarter (125%) 32.1 Time and three quarters (175%)

Live Performance Award 2010 26, 35.5

Saturdays are considered ordinary hours. Casuals receive a 50% loading between 7am Saturday and 7am Sunday.

28.5 If the employee is engaged by the week or longer, and the work is in addition to the prescribed weekly hours, then the employee receives an additional one third of their weekly wage. If the Sunday work is performed within the prescribed weekly hours, the employee is entitled to an additional one sixth of their weekly wage. A casual employee performing will receive double the prescribed minimum rate. When rehearsing, the casual employee will receive double the casual hourly rehearsal rate, with a minimum payment of four hours.

Local Government Industry Award 2010 23.2(a) Generally, Ordinary hours are Monday to Friday, with the following exceptions: ● Employees who work in a role or area

specified in clause 21.2(b) will be paid

time and a half

● Recreation centres and community

services are not entitled to any penalty

on Saturday where they work between

the hours of 5:00am and 10:00pm.

22.1 Generally, Ordinary hours are Monday to Friday, with the following exceptions: ● Employees who work in a role or area

specified in clause 21.2(b) will be paid time and three quarters

● Recreation centres and community services are not entitled to any penalty on Sunday where they work between the hours of 5:00am and 10:00pm.

Marine Tourism and Charter Vessels Award 2010 Saturday is ordinary hours. Sunday is overtime for non-overnight charter

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employees, payable at time and a half for the first two hours and double time thereafter.

Medical Practitioners Award 2010 23 Payment for all work is at the rate of time and a half

23 Payment for all work is at the rate of time and a half

Nursery Award 2010 24.2(d) Penalty rate of time and a quarter (125%) 24.2(e) Penalty rate of double time (200%)

Nurses Award 2010 26.1 Penalty rate of time and a half (150%) 26.2 Penalty rate of time and three quarters (175%)

Professional Employees Award 2010 18 Ordinary hours – no penalty rates 18 Ordinary hours – no penalty rates

Quarrying Award 2010 25.1, 25.9 Generally ordinary hours are Monday to Friday, unless the majority of employees agree to another spread. If ordinary hours are on Saturday, the penalty is time and a half for the first two hours than double time thereafter.

25.1, 25.10

Generally ordinary hours are Monday to Friday, unless the majority of employees agree to another spread.

If ordinary hours are on Sunday, the penalty is double time.

Social, Community, Home Care & Disability Services Industry Award 2010

26 Time and a half (150%) 26 Double time (200%)

Surveying Award 2010 21,23 Ordinary hours are Monday to Friday. Employees are paid overtime on Saturday, which is time and a half for the first three hours, double time thereafter.

21,23 Ordinary hours are Monday to Friday. Sunday work is payable at double time for all hours worked.31.1

Waste Management Award 2010 31.1 Payment of at least four hours at overtime rates of time and a half for the first two hours and double time thereafter.

31.4 All hours on Sunday are paid at double time, with a minimum payment of four hours.

Water Industry Award 2010 25, 26.2(b)

Ordinary hours are Monday to Friday. Overtime worked on Saturday is paid at time and a half for the first two hours and double time thereafter, with a minimum payment of three hours.

25, 26.2(c)

Ordinary hours are Monday to Friday. Overtime worked on Sunday is paid at double time, with a minimum period of three hours.

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2. State Awards

Award Clause: Saturday

Notes Clause: Sunday

Notes

Charitable, Aged and Disability Care Services (State) Award

15(iii)(a) Time and a half (150%) 15(iii)(b) Time and three quarters (175%)


9.1(a) Time and a half (150%) 9.1(b) Time and three quarters (175%)

Charitable Sector Aged and Disability Care Services (State) Award

15(iii)(a) Time and a half (150%) 15(iii)(b) Time and three quarters (175%)


N/A No penalty for working ordinary hours on a Saturday

25 Double time (200%) with a minimum payment of four hours


9(a) Time and a quarter (125%) 9(b) Time and a half (150%)

Nurses, Other Than In Hospitals (State) Award 2006 8(i)(a) 8(ii)(b)

Time and a half for the first two hours, then double time thereafter, except where a shift worker is required to work Saturday as part of their ordinary hours, in which case they are paid a loading of time and a quarter (125%) for all hours worked.

8(i)(a) 8(ii)(b)

Double time, except where a shift worker is required to work Sunday as part of their ordinary hours, in which case they are paid a loading of time and a half (150%) for all hours worked.

Nursing Homes, &c., Nurses' (State) Award 12(iv) Time and a half (150%) 12(iv) Time and three quarters (175%)

Local Government (State) Award 18B(i) 18B(ii)

Time and a quarter (125%), except for employees engaged in the functions listed in cl.18B(ii), in which case time and a half (150%)

18B(i) 18B(ii)

Time and a half (150%), except for employees engaged in the functions listed in cl.18B(ii), in which case double time (200%)

Local Government (Electricians) (State) Award 13(ii) Overtime payment of time and a half for the first two hours, then double time thereafter. Any overtime after noon is payable at double time.

13(iii) Overtime payment of double time for all time worked.

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Annexure G – Overtime Rates


1. Modern Awards

Award Clause Notes

Aged Care Award 2010 25.1 ● Monday to Friday rate is time and half for first two hours, double time thereafter

● Weekends, rate is double time

● For public holidays, rate is double time and a half

Airport Employees Award 2010 30 ● For a day worker, overtime from Monday to Saturday is time and a half for the first three hours, then double time thereafter. On Sunday, overtime rate is double time for all overtime worked.

● For a shift worker, overtime from Monday to Friday is time and a half for the first three hours, then double time thereafter. On Saturday and Sunday, overtime rate is double time for all overtime worked.

Amusement, Events & Recreation Award 2010 23.1 ● Overtime rate is time and a half for first three hours, double time thereafter.

Banking, Finance and Insurance Award 2010 23.1 ● Overtime rate is time and a half for the first three hours and double time thereafter;

● Double time for all work on Saturday outside an employee’s weekly hours; and

● Double time for all work performed on Sunday.

Building & Construction General On-Site Award 2010 36 ● Overtime rate from Monday to Friday is time and a half for the first two hours, double time thereafter.

● Overtime rate on Saturdays time and a half for the first two hours and double time thereafter, provided

that all overtime worked after 12 noon on Saturday must be paid for at the rate of double time.

● Overtime on Sunday is paid at double time, with a minimum payment of four hours

Car Parking Award 2010 23 ● All overtime is payable at time and half for the first two hours, double time thereafter.

Cemetery Industry Award 2010 23 ● Overtime rate for Monday to Saturday is time and a half for the first two hours, double time thereafter

● Overtime on Sunday is double time

Children’s Services Award 2010 23.2 ● Overtime is time and a half for the first two hours, and double time thereafter

Cleaning Services Award 2010 28 ● Overtime from Monday to Saturday is time and a half for the first two hours, double time thereafter

● Overtime on Sunday is at the rate of double time

● Overtime on a public holiday is double time and a half

Clerks – Private Sector Award 2010 27 ● Overtime rate is time and a half for the first two hours, double time thereafter

Educational Services (Teachers) Award 2010 N/A

Fitness Industry Award 2010 26 ● Overtime from Monday to Saturday is time and a half for the first two hours, double time thereafter


Health Professionals & Support Services Award 2010 28 ● Overtime from Monday to Saturday is time and a half for the first two hours, double time thereafter


Horticulture Award 2010 24.2 ● Overtime from Monday to Saturday is time and a half

● Overtime on Sunday is at the rate of double time, except for harvest time, with a minimum payment of

three hours

● During harvest period, the first eight hours of overtime in a week may include five hours work on a

88

Sunday at the rate of time and a half, but all Sunday work in excess of the eighth overtime hour worked in

the week, or in excess of five hours on a Sunday, will be paid at the rate of double time.

Hospitality Industry (General) Award 2010 33.3 ● Monday to Friday rate is time and half for first two hours, double time thereafter

● Weekends, rate is double time

● On a rostered day off, the rate of overtime is double time with a minimum payment of four hours.

Live Performance Award 2010 28.1 ● Overtime rate for employees engaged by the week or a longer period is time and half for first two hours,

double time thereafter

Local Government Industry Award 2010 24.2 ● Overtime from Monday to Saturday is time and a half for the first two hours, double time thereafter


Marine Tourism and Charter Vessels Award 2010 22 ● Overtime is paid at time and a half for the first two hours and double time thereafter

Medical Practitioners Award 2010 24.1 ● Overtime rate for Monday to Saturday is time and a half for the first two hours, double time thereafter



Nursery Award 2010 26 ● Overtime rate for Monday to Saturday is time and a half for the first three hours, double time thereafter



Nurses Award 2010 28.1 ● Overtime rate for Monday to Saturday is time and a half for the first two hours, double time thereafter



Professional Employees Award 2010 18.3 ● No overtime rate, but employers may compensate for additional hours by other means, such as a special

allowance or additional leave

Quarrying Award 2010 28.1 ● Overtime rate from Monday to Saturday is time and a half for the first two hours, double time thereafter.

● Overtime on a Sunday is double time with a minimum payment of four hours

Social, Community, Home Care & Disability Services Industry Award 2010

28 ● For full time disability services, home care and day care employees: from Monday to Saturday, payment

will be made at the rate of time and a half for the first two hours and double time thereafter;

● Overtime rate for part time and casual employees is time and a half for the first two hours, double time

thereafter.

● For full time social and community services and crisis accommodation employees: from Monday to

Saturday, the rate is time and a half for the first three hours and double time thereafter;

● All overtime on Sunday for all employees is paid at the rate of double time.

Surveying Award 2010 23 ● Overtime rate is time and a half for the first three hours, double time thereafter

Waste Management Award 2010 30.1 ● Overtime rate is time and a half for the first two hours, double time thereafter

Water Industry Award 2010 26.2 ● Overtime rate from Monday to Saturday is time and a half for the first two hours, double time thereafter.

● Overtime on a Sunday is double time

89


2. State Awards

Award Clause Notes Charitable, Aged and Disability Care Services (State) Award

10 ● Monday to Saturday rate is time and half for first two hours, double time thereafter

● Sunday rate is double time for all hours worked





Charitable Sector Aged and Disability Care Services (State) Award





24 ● For weekly employees:

o For all work performed in excess of the rostered daily hours, the rate is time and on half for the

first 2 hours and double time thereafter.

o For all work performed on a rostered day off the rate is time and a half for the first 4 hours and

double time thereafter.

o For all the work performed in excess of the weekly total of hours, the rate is time and a half.

o For all work performed after a break in working hours prescribed to be worked consecutively or

continuously, the rate is time and a half.

● Part time employees who perform work in excess of 38 ordinary hours per week are paid time and one half

for the first 2 hours and double time thereafter.

● Casual employees receive time and a half for the first two hours, double time thereafter for all occasions of

overtime

● For all employees, overtime on Sunday is paid at double time with a minimum payment of four hours


8 ● Overtime is paid at time and a half for the first two hours, double time thereafter

Nurses, Other Than In Hospitals (State) Award 2006 7 ● Overtime is paid at time and a half for the first two hours, double time thereafter

Nursing Homes, &c., Nurses' (State) Award 18 ● Monday to Saturday rate is time and half for first two hours, double time thereafter



Local Government (State) Award 19A ● Overtime from Monday to Saturday until 12 noon is time and a half for the first two hours, double time

thereafter

● Overtime after 12 noon on Saturday or on Sunday is at the rate of double time

Local Government (Electricians) (State) Award 13 ● Overtime from Monday to Saturday until 12 noon is time and a half for the first two hours, double time

thereafter

● Overtime after 12 noon on Saturday or on Sunday is at the rate of double time

90

Annexure H – Rates of Pay

Note 1: Pay rates for comparison applicable in the 2014/2015 financial year.

Note 2: * means a 35 hour per week employee in accordance with clause 18A(ii) of the Local Government (State) Award 2014

Position Local Government (State) Award 2014 Comparison Awards

Classification Rate of pay Comparator Award Classification Rate of pay

Accountant Band 3 Level 2 $34.55* Banking, Finance and Insurance

Award 2010

Level 5 $22.67

Aerodrome Groundsman Band 1 Level 3 $21.17 Airport Employees Award 2010 Level 2

$19.98

Baths attendant Band 1 Level 3 $21.27 Hospitality Industry (General) Award 2010

Level 3 $18.64

Car parking attendant Band 1 Level 2 $19.70 Car Parking Award 2010 Level 2 $18.36

Child care helper Band 1 Level 2 $19.70 Social, Community, Home Care &

Disability Services Industry Award

2010

Level 1, Pay Point 2

$18.99

Child care assistant (qualified,

Diploma in Children’s Services or

equivalent)

Band 1 Level 2 $23.19 Children’s Services Award 2010 Level 4.1 $23.13

Child care centre director Band 3 Level 2 $34.55* Children’s Services Award 2010 Level 6.3 $28.59

Cleaner Band 1 Level 2 $19.70 Cleaning Services Award 2010 Level 2 $18.64

Clerical (general admin and

reception)

Band 1 Level 3 $22.99* Clerks – Private Sector Award 2010 Level 2 – Year 2 $20.00

Clerical (more advanced e.g.

preparation of financial reports)

Band 2 Level 2 $28.87* Clerks – Private Sector Award 2010 Level 5 $22.67

Cook (general) Band 1 Level 3 $21.27 Hospitality Industry (General) Award 2010

Level 3 $18.64

Depot Hand Band 1 Level 2 $19.70 Waste Management Award 2010 Level 2 $18.31

Engineer Band 3 Level 2 $34.55* Professional Employees Award

2010

Level 3 $28.97

Fitter Band 2 Level 1 $23.19 Building & Construction General

On-Site Award 2010

CW/ECW3 $20.13

91

Garbage truck driver (one man operation)

Band 1, Level 4 $23.45 Waste Management Award 2010 Level 6 $19.62

Gardener (basic skill) Band 1 Level 2 $19.70 Nursery Award 2010 Grade 1B 17.35

Gravedigger Band 1 Level 2 $19.70 Cemetery Industry Award 2010 Class 2 $18.02

Haul truck driver / operator Band 1 Level 3 $21.17

Quarrying Award 2010 Grade 3 $18.51

Home care employee / personal

care employee

Band 1 Level 3 $21.17 Aged Care Award 2010 Level 4 $19.64

Labourer Band 1 Level 2 $19.70 Building & Construction General

On-Site Award 2010

CW/ECW 1 (level d)

$18.69

Nurse (qualified) Band 3 Level 1 $26.59 Nurses Award 2010 RN Level 1 Pay Point 4

$22.96

Nurseyman (trades qualified) Band 2 Level 1 $23.19 Nursery Award 2010 Grade 4 $19.64

Payroll officer Band 2 Level 1 $25.18* Banking, Finance and Insurance

Award 2010

Level 3 $20.74

Plant mechanic Band 2 Level 1 $23.19 Building & Construction General

On-Site Award 2010

CW/ECW 2 $19.08

Plant operator (example concrete

blatching plant)

Band 1 Level 3 $21.17 Building & Construction General

On-Site Award 2010

CW/ECW 2 $19.08

Plant operator (large plant e.g.

large excavator, front end loader) Band 1 Level 4 $23.45

Quarrying Award 2010 Grade 4 $19.06

Plant operator (final finish e.g.

road roller 8 ton and above)

Band 1 Level 4 $23.45 Building & Construction General

On-Site Award 2010

CW/ECW 4 $20.76

Plumage and draining inspector Band 2 Level 3 $31.82 Water Industry Award 2010 Level 6 $22.58

Pool attendant Band 1 Level 3 $21.17 Fitness Industry Award 2010 Level 2 $17.35

Pool supervisor Band 2 Level 2 $26.59 Fitness Industry Award 2010 Level 6 $22.18

Senior engineer Band 3 Level 3 $40.24* Professional Employees Award

2010

Level 4 $32.67

Showground supervisor Band 1 Level 3 $21.17 Amusement, Events & Recreation Award 2010

Grade 3 $18.64

Street Sweeping Machine Operator

Band 1 Level 3 $21.17 Waste Management Award 2010 Level 4 $18.88

Surveyor Band 3 Level 1 $28.87* Surveying Award 2010 Level 6 $23.59

Teacher (early childhood, four

year trained, entry level)

Band 3 Level 1 $28.87* Educational Services (Teachers)

Award 2010

Level 3 $23.57

92

Usher Band 1 Level 2 $19.70 Live Performance Award 2010 Level 2 $18.34

Works supervisor Band 2 Level 2 $26.59 Building & Construction General

On-Site Award 2010

Clause 43.2(a) $23.43

93

Appendix A – Selecting the representative state and federal awards

Selecting the representative state awards In November 2014, an email was sent to councils asking them to complete a short on-line survey. The survey asked ‘which of the below

listed state awards are used by your council when engaging employees?’ The survey listed 19 state awards (including the LG Award). In

total, 115 councils responded to the survey. Of the 19 state awards presented, 8 (excluding the LG Award) were confirmed as being used by

councils when engaging employees.

Selecting the representative federal awards At the time of writing, there are 137 modern awards in operation. LGNSW selected 27 which are the most representative federal comparators

for the local government industry. Particular attention was paid to aged care, clerks, professional employees, and the fitness, water and waste

industries.

comparison of the local government (state) award 2014 … · award 2014 with representative federal...

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