AT839196CRN - Clerical and Administrative Employees (Northern Territory) Award 2000

AUSTRALIAN INDUSTRIAL REGISTRY CONSOLIDATION

This AIR consolidated award incorporates all amendment(s) up to and including 6 February 2006 (variation PR967716).

Clauses affected by the most recent amendment(s) are:

2. Arrangement
11. Types of employment
30. Annual leave
33. Family leave
34. Parental leave

About this Award:
This award has been title changed from General Clerks (Northern Territory) Award 2000 [AW782182CRN].

This award is partly superseded by the Julalikari Corporation (Northern Territory) Award 2002 as it applies to the company.

Printed by authority of the Commonwealth Government Printer.

Disclaimer:
Please note that this consolidated award is prepared by the Australian Industrial Registry and is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

Copies of decisions, awards and orders of the Australian Industrial Relations Commission can be accessed at no cost through the Commission’s web site (www.airc.gov.au) or purchased from any office of the Australian Industrial Registry.

AT839196CRN [Transitional AIR Consolidation]

AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

Workplace Relations Act 1996
s.33 action on the Commission’s own motion
(C No. 32399 of 1998)

Review of awards pursuant to Item 51 of Part 2 of Schedule 5 of the
Workplace Relations and Other Legislation Amendment Act 1996
(C No. 00529 of 1998)

GENERAL CLERKS (NORTHERN TERRITORY) CONSOLIDATED AWARD 1985
(ODN C No. 01286 of 1980)
[Print G0198 [G0019CRN]]

Various employees
Northern Territory


COMMISSIONER EAMES
DARWIN, 14 AUGUST 2000

Award simplification.

ORDER

A. Further to the decision issued by the Commission on 14 August 2000, [Print S9113] the above award is varied as follows:

By deleting all clauses and schedules and inserting the following:

PART 1 – APPLICATION AND OPERATION OF AWARD
1. TITLE

[1 substituted by PR956535 from 16Mar05]

This award will be known as the Clerical and Administrative Employees (Northern Territory) Award 2000.

2. ARRANGEMENT

[2 amended by PR942519 PR943612 PR967716]

This award is arranged as follows:

Part 1 – Application and operation of award

  1. Title [PR956535]
  2. Arrangement [PR967716]
  3. Incidence of award
3.2 Common rule
  1. Date of operation
  2. Previous award superseded
  3. Definitions
  4. Anti-discrimination
  5. Posting of award
Part 2 – Award flexibility

  1. Enterprise flexibility provisions [PR901105]
Part 3 – Dispute resolution

  1. Procedure to avoid industrial disputation [PR949015]
Part 4 – Employment relationship

  1. Types of employment [PR967716]
11.1 General
11.2 Full-time employment
11.3 Casual employee
11.4 Regular part-time employees
11.5 Probationary employment
  1. Standing down of employees
  2. Termination of employment [PR949015]
13.1 Notice of termination by employer
13.2 Notice of termination by an employee
13.3 Job search entitlement
  1. Redundancy [PR949015]
14.1 Definitions
14.2 Transfer of ownership
14.3 Transfer to lower paid duties
14.4 Severance pay
14.5 Employee leaving during notice period
14.6 Alternative employment
14.7 Job search entitlement
14.8 Employees exempted
14.9 Transmission of business
14.10 Employers exempted
14.11 Incapacity to pay
  1. Attendance record
Part 5 – Wages and related matters

  1. Wage rates and classification structure [PR959294]
16.2 Grade one - clerical assistant
16.3 Grade two - clerical officer
16.4 Grade three - clerical officer
16.5 Grade four - clerical officer
16.6 Grade five - administrative officer
16.7 Grade six - administrative officer
16.8 Supervision
16.9 Junior employees
16.10 Training
  1. Arbitrated safety net adjustment [PR959294]
  2. National training wage
  3. Supported wage system [PR961631]
19.2 Eligibility criteria
19.3 Supported wage rates
19.4 Assessment of capacity
19.5 Lodgement of assessment instrument
19.6 Review of assessment
19.7 Other terms and conditions of employment
19.8 Workplace adjustment
19.9 Trial period
  1. Higher duties
  2. Payment of wages [PR901105]
  3. District allowance
  4. Other allowances [PR959294]
23.1 Motor vehicle
23.2 First aid
23.3 Clothing
23.4 Temporary transfer

Part 6 - Hours of work, breaks, overtime, shift work, weekend work

  1. Hours of work
24.6 Implementation of the 38 hour week
  1. Breaks
25.1 Meal breaks
25.2 Refreshment breaks
  1. Shift work
26.1 Limitation of shift work
26.2 Hours - continuous work shifts
26.3 Hours - other than continuous work shifts
26.5 Rosters
26.6 Variation by agreement
26.7 Afternoon or night shift allowance
26.8 Weekend penalty rates
  1. Overtime [PR959294]
27.7 Meal allowance
  1. Time off in lieu of overtime [PR901105]
  2. Rostered days off
Part 7 - Types of leave and public holidays

  1. Annual leave [PR967716 ]
30.1 Annual leave entitlement
30.2 Taking of annual leave
30.3 Time of taking leave
30.4 Payment for period of leave
30.5 Public holidays during annual leave
30.6 Leave allowed before due date
30.7 Proportionate leave on termination
30.8 Annual leave loading
30.9 Application of other provisions
  1. Sick leave
  2. Bereavement leave
  3. Family leave [PR967716]
33.1 Access to sick leave
33.4 Unpaid leave for family purpose
33.5 Access to annual leave
33.6 Time off in lieu of payment for overtime
33.7 Make-up time
  1. Parental leave [PR967716]
34.1 Definitions
34.2 Basic entitlement
34.3 Maternity leave
34.4 Paternity leave
34.5 Adoption leave
34.6 Right to request
34.7 Variation of period of parental leave
34.8 Parental leave and other entitlements
34.9 Transfer to a safe job
34.10 Returning to work after a period of parental leave
34.11 Replacement employees
34.12 Communication during parental leave
  1. Jury service
  2. Public holidays and sundays [PR935736]
Schedule A - Wanguri Primary School Council
Schedule B - Occupational superannuation [PR920677]
Schedule C - List of respondents
Schedule D - List of employers exempted from making severance payments

3. INCIDENCE OF AWARD

3.1 This award will be binding upon the employers named in the Schedule C - List of Respondents and on any person engaged in any work covered by this award whether a member of the Australian, Municipal, Administrative, Clerical and Services Union or not and upon the Australian, Municipal, Administrative, Clerical and Services Union of Australia and its officers and members.

3.2 Common rule

This award will be a common rule of the clerical industry in the Northern Territory and will be binding on all employers in respect of the employment by them of employees in the said industry in the classifications for whom provision is made in the said award and will also be binding on all such employees.

3.2.1 The common rule declaration will not apply to:

3.2.1(a) any employer in respect of an employee in Public Sector employment;

3.2.1(b) any employer in respect of any employees covered by any other award or agreement made under the Workplace Relations Act 1996.

4. DATE OF OPERATION

This award will come into operation on 14 August 2000 and will remain in force for a period of one year.

5. PREVIOUS AWARD SUPERSEDED

This award supersedes the General Clerks (Northern Territory) Consolidated Award 1985 [Print G0198 [G0019CRN]].

6. DEFINITIONS

6.1 Afternoon shift means any shift finishing after 6.00 p.m. and at or before midnight.

6.2 Clerk means any employee of a respondent employer bound by this award who is engaged principally in clerical and administrative work and may be using machines, computers or other equipment designed to perform or to assist in performing any clerical or administrative work.

6.3 Commission means the Australian Industrial Relations Commission.

6.4 Continuous service for the purposes of the calculation of annual leave entitlement has the following meaning:

6.4.1 The following events do not break an employee’s continuous service for annual leave entitlement purposes:

6.4.1(a) any break or end in the employee’s service instigated by the employer to avoid the employer’s obligation in respect of leave;

6.4.1(b) leave lawfully granted by the employer;

6.4.1(c) sick leave;

6.4.1(d) leave as a result of an accident; or

6.4.1(e) absence with a reasonable cause (the employee must show that the leave was reasonable).

6.4.2 In the case of sick leave, leave due to an accident or an absence with reasonable cause the employee must provide advance notice for this provision to apply. Where practicable, notice is to be provided within 24 hours of the commencement of the absence.

6.4.3 In the case of sick leave and leave due to an accident, the first fourteen days absence in a twelve month period will count as service.

6.4.4 Any other absence from work does not break the continuity of service unless the employer notifies the employee otherwise within fourteen days of the employee returning to work after the absence.

6.5 Continuous work means any work carried on with consecutive shifts of employees throughout the 24 hours of at least six consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.

6.6 Day shift means a shift commencing after 6.00 a.m. and finishing at or before 6.00 p.m.

6.7 Junior means a Clerk, male or female, under the age of twenty years.

6.8 Night shift means any shift finishing after midnight and at or before 8.00 a.m., or any shift the majority of hours of which are worked between midnight and 8.00 a.m.

6.9 Rostered shift means a shift of which the employee concerned has had at least 45.6 hours notice.

6.10 Union means the Australian, Municipal, Administrative, Clerical and Services Union of Australia.

6.11 Year of adult service appearing in clause 15 - Attendance record, means years of adult service by an employee with one employer.

7. ANTI-DISCRIMINATION

7.1 It is the intention of the respondents to this award to achieve the principal object in s.3(j) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the work force by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

7.2 Accordingly, in fulfilling their obligations under the dispute avoidance and settling clause, the respondents must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

7.3 Nothing in this clause is taken to affect:

7.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

7.3.2 junior rates of pay, until 22 June 2000 or later date determined by the Commission in accordance with s.143(1E) of the Act;

7.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission;

7.3.4 the exemptions in s.170CK(3) and (4) of the Act.

8. POSTING OF AWARD

A copy of this award will be kept available by each employer on the employee’s premises in a place accessible to all employees.

PART 2 – AWARD FLEXIBILITY
9. ENTERPRISE FLEXIBILITY PROVISIONS

[9 corrected by PR901105 from 14Aug00]

9.1 Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process will apply.

9.1.1 A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace will be established.

9.1.2 For the purpose of the consultative process the employees may nominate the union or another to represent them.

9.1.3 Where agreement is reached an application will be made to the Commission.

PART 3 – DISPUTE RESOLUTION
10. PROCEDURE TO AVOID INDUSTRIAL DISPUTATION

10.1 In the event of a dispute arising in the workplace the procedure to be followed to resolve the matter will be as follows:

10.1.1 the employee and their supervisor meeting and conferring on the matter; and

10.1.2 if the matter is not resolved at such a meeting, the parties will arrange for further discussions between the employee and his or her nominated representative, if any, and more senior levels of management.

10.2 If the matter is still not resolved a discussion will be held between representatives of the employer and the employees or their representative.

10.3 If the matter cannot be resolved it may be referred to the Commission for resolution.

10.4 While the parties attempt to resolve the matter work will continue as normal unless an employee has a reasonable concern about an imminent risk to his or her health and safety.

10.5 The employer will permit a notice board to be erected in the workplace to facilitate communication between employees and/or their union representatives.

10.6 Redundancy disputes

[10.6 inserted by PR949015 ppc 07Jul04]

10.6(a) Paragraphs 10.6(b) and 10.6(c) impose additional obligations on an employer where an employer contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees.

10.6(b) Where a redundancy dispute arises, and if it has not already done so, an employer must provide affected employees and the union (if requested by any affected employee) in good time, with relevant information including:

the reasons for any proposed redundancy;

the number and categories of workers likely to be affected; and

the period over which any proposed redundancies are intended to be carried out.

10.6(c) Where a redundancy dispute arises and discussions occur in accordance with this clause the employer will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse affects of any proposed redundancies on the employees concerned.

PART 4 – EMPLOYMENT RELATIONSHIP
11. TYPES OF EMPLOYMENT

11.1 General

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

11.1.1(a) full-time employees; or

11.1.1(b) regular part-time employees; or

11.1.1(c) casual employees.

11.1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, regular part-time or casual.

11.1.3 An employee (other than casual or temporary) may be engaged on a probationary basis for a period not exceeding three months, provided that at the point of engagement the employee is given written advice of the probationary terms.

11.2 Full-time employment

Full-time employees may be engaged on a permanent or temporary basis.

11.3 Casual employee

[11.3 Casual employment title changed and substituted by PR965720 ppc 24Nov05]

11.3.1 A casual employee is an employee engaged as such and does not include persons employed on a fixed term contract under this award.
11.3.2 A casual employee must be informed in writing upon engagement that:

11.3.2(a) he or she hired by the hour;

11.3.2(b) subject to clause 11.3.4, he or she will be paid for actual time worked;

11.3.2(c) he or she is not entitled to payment for public holidays not worked nor payment for paid leave of any type other than Long Service Leave.

11.3.3 A casual employee must be paid the hourly rate as defined plus a loading of 20% for ordinary working hours.

11.3.4 An employee engaged as a casual shall receive a minimum payment for three hours work for each engagement.

11.3.5 The 20% casual loading will apply to casual employees in addition to other loadings prescribed in the Award including shift loadings, overtime and public holidays.

11.3.6 Conversion of Casual Employment

11.3.6(a) A casual employee, other than an irregular casual employee as defined in clause 11.3.6(k), who has been engaged by a particular employer for a sequence of periods of employment under this Award during a period of twelve months shall thereafter have the right to elect to have his or her contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.

11.3.6(b) An employer of such an employee shall give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of twelve months.

11.3.6(c) The employee retains his or her right of election under this clause even if the employer fails to comply with clause 11.3.6(b).

11.3.6(d) A casual employee who does not, within four weeks of receiving written notice, elect to convert his or her contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

11.3.6(e) A casual employee who has a right to elect under clause 11.3.6 (a), upon receiving notice, under clause 11.3.6 (b), or after the expiry of the time for giving such notice, may give four weeks notice in writing to the employer that he or she seeks to elect to convert his or her contract of employment to full-time or part-time employment, and within four weeks of receiving such notice the employer shall either consent to or refuse the election but shall not unreasonably so refuse. Any dispute about a refusal of an election to convert a contract of employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure.

11.3.6(f) Once a casual employee has elected to be converted to a full-time employee or a part-time employee, may only revert to casual employment by written agreement with the employer.

11.3.6(g) If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with clause 11.3.6(a), the employer and employee in accordance with this subparagraph, and subject to clause 11.3.6(e), shall discuss and agree upon:

11.3.6(g)(i) which form of employment the employee will convert to, that is, full-time or part-time; and

11.3.6(g)(ii) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked.

11.3.6(h) An employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the employer and employee.

Following such agreement being reached, the employee shall convert to full-time or part-time employment.

Where, in accordance with clause 11.3.6(e) an employer refuses an election to convert, the reasons for doing so shall be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

11.3.6(i) Any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment shall be dealt with as far as practicable with expedition through the dispute settlement procedure in clause 10.

11.3.6(j) An employee must not be engaged, disengaged and re-engaged to avoid any obligation under this Award.

11.3.6(k) An “ irregular casual employee ” is one who has been engaged to perform work on an occasional or non-systematic or irregular basis.

11.3.6(l) The provisions of clause 11.3.6 do not apply to irregular casual employees.

11.3.7 A casual employee who elects and converts their employment to full and or part time employment will no longer be entitled to the 20% casual loading but will commence to accrue leave entitlements from the date of the conversion.

11.3.8 Caring responsibilities

[11.3.8 inserted by PR967716 ppc 09Dec05]

11.3.8(a) Subject to the evidentiary and notice requirements in 33.1 and 33.2, casual employees are entitled to not be available to attend work, or to leave work:

if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or

upon the death in Australia of an immediate family or household member.

11.3.8(b) The employer and the casual employee shall agree on the period for which the casual employee will be entitled to not be available to attend work. In the absence of agreement, the casual employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

11.3.8(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

11.4 Regular part-time employees

11.4.1 An employer may employ regular part-time employees in any classification in this award.

11.4.2 A regular part-time employee is an employee who:

11.4.2(a) works less than full-time hours of 38 per week; and

11.4.2(b) has reasonably predictable hours of work; and

11.4.2(c) receives, on a pro rata basis, equivalent pay and conditions (except for bereavement leave provisions set out in clause 32 - Bereavement leave) to those of full-time employees who do the same kind of work.

11.4.3 At the time of engagement the employer and the regular part-time employee will agree on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.

11.4.4 An employer is required to roster a regular part-time employee for a minimum of three consecutive hours on any shift.

11.4.5 All time worked in excess of the hours as mutually arranged will be overtime and paid for at the rates prescribed in clause 27 - Overtime, of this award.

11.4.6 A regular part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

11.5 Probationary employment

11.5.1 Employers may, by providing an employee (other than casuals or temporaries) at the point of engagement with advice in writing, engage an employee on a probationary basis for a period not exceeding three months.

11.5.2 The written advice shall state clearly that employment is offered for a probationary period which shall be specified and the employee will be provided with written terms of probation.

11.5.3 Probationary employees may give, or be given, notice on the following basis:

Period of service
Period of notice


1st week
1 day
2nd week
2 days
3rd week
3 days
4th week
4 days
5th and following weeks
1 week

11.5.4 If the above notice is not given by the employer they will make payment in lieu. The employer will have the right, if the employee does not give the above notice, to withhold any payments owed to the employee up to the amount which would normally be paid for that period in lieu of notice.

11.5.5 Nothing in this provision will be read to imply or confer any reduction in an employee’s or employer’s rights under the award with respect to the review of dismissals and instant dismissal for misconduct.

12. STANDING DOWN OF EMPLOYEES

12.1 As a result of any failure or shortage of electrical power in excess of twenty minutes, an employer may deduct wages from an employee for the period the employee cannot be usefully employed.

12.2 An employee will be entitled to two hours’ pay where the employee is required to attend for work on any day but, as a result of the failure or shortage of electrical power, is not provided with work.

12.3 Where an employee commences work the employee will be entitled to be either provided with four hours work or paid for four hours work.

13. TERMINATION OF EMPLOYMENT

13.1 Notice of termination by employer

13.1.1 In order to terminate the employment of a full-time or regular part-time employee the employer will give to the employee the period of notice specified in the table below:

Period of continuous service
Period of notice


1 year or less
1 week
Over 1 year and up to the completion of 3 years
2 weeks
Over 3 years and up to the completion of 5 years
3 weeks
Over 5 years of completed service
4 weeks

13.1.2 In addition to this notice, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week’s notice.

13.1.3 Payment in lieu of the notice will be made if the appropriate notice period is not required to be worked. Employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice.

[13.1.4 substituted by PR949015 ppc 07Jul04]

13.1.4 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee’s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of:

13.1.4(a) the employee’s ordinary hours of work (even if not standard hours); and

13.1.4(b) the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and

13.1.4(c) any other amounts payable under the employee’s contract of employment.

[13.1.5 substituted by PR949015 ppc 07Jul04]

13.1.5 The period of notice in this clause does not apply:

13.1.5(a) in the case of dismissal for serious misconduct;

13.1.5(b) to apprentices;

13.1.5(c) to employees engaged for a specific period of time or for a specific task or tasks;

13.1.5(d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or

13.1.5(e) to casual employees.

13.1.6 Continuous service is defined in 6.4.

13.2 Notice of termination by an employee

13.2.1 The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned.

[13.2.2 substituted by PR949015 ppc 07Jul04]

13.2.2 If an employee fails to give notice set out in 13.1.1 then the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have recieved under 13.1.4.

13.3 Job search entitlement

[13.3 title changed from Time off during notice period by PR949015 ppc 07Jul04]

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

13.4 Transmission of business

[13.4 inserted by PR949015 ppc 07Jul04]

Where a business is transmitted from one employer to another, as set out in clause 14 - Redundancy of this award, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.

14. REDUNDANCY

[14 substituted by PR949015 ppc 07Jul04]

14.1 Definitions

14.1.1 Business includes trade, process, business or occupation and includes part of any such business.

14.1.2 Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour.

14.1.3 Small employer means an employer which employs fewer than 15 employees.

14.1.4 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning.

14.1.5 Week’s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

overtime;
penalty rates;
disability allowances;
shift allowances;
special rates;
fares and travelling time allowances;
bonuses; and
any other ancillary payments of a like nature.

14.2 Transfer of ownership

Where the employer is a successor or assignee or transmittee of a business, if an employee was in the employment of the employer’s predecessor at the time when the employee became such successor or assignee or transmittee, the employee, in respect of the period during which the employee was in the service of the predecessor, shall for the purposes of this subclause be deemed to be in the service of the employer.

14.3 Transfer to lower paid duties

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

14.4 Severance pay

[14.4 substituted by PR949015 ppc 07Jul04]

14.4.1 Severance pay - other than employees of a small employer

An employee, other than an employee of a small employer as defined in 14.1,whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and less than 5 yeas
8 weeks’ pay
5 years and less than 6 years
10 weeks’ pay
6 years and less than 7 years
11 weeks’ pay
7 years and less than 8 years
13 weeks’ pay
8 years and less than 9 years
14 weeks’ pay
9 years and less than 10 years
16 weeks’ pay
10 years and over
12 weeks’ pay

* Week’s pay is defined in 14.1.

14.4.2 Severance pay - employees of a small employer

An employee of a small employer as defined in 14.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

Period of continuous service
Severance pay


Less than 1 year
Nil
1 year and less than 2 years
4 weeks’ pay*
2 years and less than 3 years
6 weeks’ pay
3 years and less than 4 years
7 weeks’ pay
4 years and over
8 weeks’ pay

* Week’s pay is defined in 14.1.

14.4.3 Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s normal retirement date.

14.4.4 Continuity of service shall be calculated in the manner prescribed by clause 6.4. Provided that service prior to 7 July 2004 shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to 14.4.2.

14.4.5 Application may be made for variation of the severance pay provided for in this clause in a particular redundancy situation in accordance with the Redundancy Case Decision [PR032004, 26 March 2004] and the Redundancy Case Supplementary Decision [PR062004, 8 June 2004].

14.5 Employee leaving during notice period

[14.5 substituted by PR949015 ppc 07Jul04]

An employee given notice of termination in circumstances of redundancy may terminate his or her employment during the period of notice set out in 13.1. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.

14.6 Alternative employment

[14.6 substituted by PR927186; PR949015 ppc 07Jul04]

An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

This provision does not apply in circumstances involving transmission of business as set in subclause 14.2.

14.7 Job search entitlement

[14.7 title changed from Time off during notice period by PR949015 ppc 07Jul04]
[14.7.1 substituted by PR949015 ppc 07Jul04]

14.7.1 During the period of notice of termination given by the employer in accordance with 13.1, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

14.7.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee will, at the request of the employer, be required to produce proof of attendance at an interview or he or she will not receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

[14.7.3 inserted by PR949015 ppc 07Jul04]

14.7.3 The job search entitlement under this subclause apply in lieu of the provisions of 13.3.

14.8 Superannuation benefits

[14.8 deleted by PR949015 ppc 07Jul04]

14.8 Employees exempted

[new 14.8 inserted by PR949015 ppc 07Jul04]

The provisions of this clause do not apply to:

employees terminated as a consequence of serious misconduct that justifies dismissal without notice;
probationary employees;
apprentices;
trainees;
employees engaged for a specific period of time or for a specified task or tasks; or
casual employees.

14.9 Employees with less than twelve months service

[14.9 deleted by PR949015 ppc 07Jul04]

14.9 Transmission of business

[new 14.9 inserted by PR949015 ppc 07Jul04]

14.9.1 The provisions of this clause are not applicable where a business is before or after the date of this award, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances:

14.9.1(a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or

14.9.1(b) Where the employee rejects an offer of employment with the transmittee:

in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and

which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee.

14.9.2 The Commission may vary 14.9.1(b) if it is satisfied that this provision would operate unfairly in a particular case.

14.10 Employers exempted

[14.10 deleted by PR949015 ppc 07Jul04]

14.10 Incapacity to pay

[new 14.10 inserted by PR949015 ppc 07Jul04]

The Commission may vary the severance pay prescription on the basis of an employer’s incapacity to pay. An application for variation may be made by an employer or a group of employers.

14.11 Incapacity to pay

[14.11 deleted by PR949015 ppc 07Jul04]

15. ATTENDANCE RECORD

15.1 Each employee will be required to keep a daily record of time worked in accordance with the requirements of the employee’s employer.

15.2 An employee (other than an employee who has given or received notice in accordance with clause 13 of this award) not attending for duty will except as provided elsewhere in this award lose the employee’s pay for the actual time of non-attendance.

PART 5 – WAGES AND RELATED MATTERS
16. WAGE RATES AND CLASSIFICATION STRUCTURE

[16.1 substituted by PR947004 ppc 12Jun04]

16.1 The classification structure encompasses six grades. Employees will be allocated a particular classification grade when the principal function of their employment, as determined by the employer, requires the exercise of any one or more of the skills set out in the grade descriptors.

16.1.1 The employer may direct an employee to perform a range of duties which are incidental or peripheral to their main task or function provided that the duties are:

16.1.1(a) within the employee’s skill, competence and training;

16.1.1(b) consistent with the classification structure of this award; and

16.1.1(c) not designed to promote de-skilling.

16.1.2 This classification structure will not be used to assess the award wage rate of any person who is a proprietor, director, or manager of a company, business or undertaking, or a person to whom has been delegated the right to engage and terminate the employment of other employees.

16.1.3 The wage rates set out in this clause will be the minimum rates of wage per week payable to employees covered by this award.

16.2 Grade one - clerical assistant

[16.2 substituted by PR905582 PR920048 PR932904 ppc 12Jun03; varied by PR947004; PR959294 ppc 27Jun05]


Total minimum weekly wage rate

$


1st 12 months
517.80
After 12 months
526.10
After 24 months
534.50

16.2.1 Skill level 1

Employees in this grade perform and are accountable for clerical and office tasks as directed within the skill levels set out. They work within established routines, methods and procedures. Supervision is routine or direct dependent on the level of work experience of the employee.

16.2.2 Duties - technical

16.2.2(a) Machine operations

Operate telephone/intercom systems (e.g. Commander type), telephone answering machines, facsimile machines, photocopiers, franking machines, guillotines, calculator and adding machines, paging system, typewriter and telex machines.

16.2.2(b) Computer

16.2.2(b)(i) Use knowledge of keyboard and basic menu-driven options and function keys to enter, retrieve and print data; use printer.

16.2.2(b)(ii) Use of safe and correct opening and closing procedures.

16.2.3 Duties - information handling

16.2.3(a) Receive, sort, open distribute incoming mail, process outgoing mail, receive incoming and dispatch outgoing courier mail, deliver messages and documents to appropriate persons/locations.

16.2.3(b) Work with established filing/records system in accordance with set procedures including creating and indexing new files, distributing files/publications within the organisation as requested; monitoring file locations.

16.2.3(c) Prepare and collate documents, take telephone messages.

16.2.3(d) Transcribe information into records, sort and file documents/records accurately in correct locations/sequence using an established filing system.

16.2.4 Duties - enterprise/industry knowledge

16.2.4(a) Acquire and apply a limited knowledge of office procedure and requirements.

16.2.4(b) Relay internal information.

16.2.5 Duties - business/financial

Sort, process and record original source financial documents (e.g.: invoices, cheques, correspondence) on a daily basis.

16.3 Grade two - clerical officer

[16.3 substituted by PR905582 PR920048 PR932904 ppc12Jun03; varied by PR947004; PR959294 ppc 27Jun05]


Total minimum weekly wage rate

$
1st 12 months
543.80
After 12 months
551.20
After 24 months
559.50

16.3.1 Skill level 2

Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 1. They are responsible and accountable for their own work which is performed within established routines, methods and procedures. Supervision is general.

16.3.2 Duties - technical

16.3.2(a) Machine operations

Operate switchboard (PABX System).

16.3.2(b) Keyboard typing

Produce documents using standard formats at 25 wpm with 98% accuracy.

16.3.2(c) Computer

Manipulate previously created data bases, spreadsheets/worksheets; calculate alpha-numerical and related information to perform routine tasks and generate simple reports.

16.3.2(d) Word processing

Produce simple and routine documents using keyboard skills within designated timeframes.

16.3.3 Duties - information handling

16.3.3(a) Maintain mail register and records.

16.3.3(b) Use and maintain established filing/records systems in accordance with set procedures including creating and indexing new files, distributing files within the organisation as requested, monitoring file locations.

16.3.4 Enterprise/industry knowledge

16.3.4(a) Acquire and apply a working knowledge of office or sectional operating procedures and requirements.

16.3.4(b) Interpret and action information supplied.

16.3.4(c) Acquire and apply a working knowledge of the organisation’s structure and personnel in order to deal with inquiries at first instance, locate appropriate staff in different sections, relay internal information, respond to or direct inquiries, greet visitors.

16.3.5 Duties - business/financial

Assist in the maintenance of financial records and journals, including checks and authorisation. Maintain and record petty cash, prepare bank deposits and withdrawals banking; check time and wages records.

16.4 Grade three - clerical officer

[16.4 substituted by PR905582 PR920048 PR932904 ppc12Jun03; varied by PR947004; PR959294 ppc 27Jun05]


Total minimum weekly wage rate

$
1st 12 months
567.70
After 12 months
578.20

16.4.1 Skill level 3

Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 2.

16.4.2 They are responsible and accountable for their own work, which is performed within established guidelines, they exercise limited discretion within the range of their skill and knowledge. Supervision is limited or minimal dependent on the level of work experience of the employee.

16.4.3 Employees holding a Certificate of Office and Secretarial Studies (TAFE) or accredited equivalent who are required to exercise any one or more of the skill levels described in this grade will be classified Grade 3 or above.

16.4.4 Duties - technical

16.4.4(a) Machine operations

Operate computerised radio telephone equipment, dictaphone equipment or other equipment of equal complexity.

16.4.4(b) Computer

16.4.4(b)(i) Use one or more software applications package(s) to operate and populate a database, spreadsheet/worksheet to achieve a desired result; graph previously prepared spreadsheet; use simple menu utilities.

16.4.4(b)(ii) Follow standard procedures to template for the preceding functions using existing models/fields of information.

16.4.4(b)(iii) Create, maintain and generate simple reports.

16.4.4(c) Keyboard typing

16.4.4(c)(i) Accurately produce documents and correspondence using knowledge of standard formats, touch type, audio type within established procedures.

16.4.4(c)(ii) Copy type at 40 wpm with 98% accuracy.

16.4.4(d) Word processing

16.4.4(d)(i) Use one or more software packages to create format, edit, proof, read, spell check, print and save text documents, e.g. standard correspondence and business documents.

16.4.4(d)(ii) Apply additional functions such as search and replace, variable fonts, moving and merging across documents and simple maths.

16.4.5 Duties - information handling

Oversee record management systems including review and analysis.

16.4.6 Enterprise/industry knowledge

16.4.6(a) Apply a working knowledge of the organisation’s products/services, functions, locations and clients.

16.4.6(b) Respond to and act upon internal/external inquiries in own function area.

16.4.7 Duties - business/financial

Maintain financial records and journals, maintain payroll records; prepare accounts payable for payments.

16.4.8 Duties - secretarial

16.4.8(a) Take shorthand notes at 80 wpm and transcribe with 98% accuracy.

16.4.8(b) Arrange travel bookings and itineraries, make appointments.

16.5 Grade four - clerical officer

[16.5 substituted by PR942519 ppc 07Jan04; varied by PR947004; PR959294 ppc 27Jun05]


Total minimum weekly wage rate

$


Adults
606.00

16.5.1 Employees in this grade perform clerical and office tasks using a more extensive range of skills and knowledge at a level higher than required in Grade 3. They are responsible and accountable for their own work, and exercise discretion and initiative in the organisation of work within prescribed limits. Supervision is limited.

Employees shall be graded at this level where the principal functions of their employment, as determined by the employer, require the exercise of any one or more of the skill levels set out below.

Employees may be required to train other employees in the skills of their own grade and below by means of personal instruction and demonstration.

16.5.2 Keyboard typing - skill level 3

Format complex documents including technical data, technical language, tables, graphs, text design, indexing, variable type face; produce documents requiring specified form or to comply with regulations or standards.

16.5.3 Computer - skill level 3

Apply knowledge of intermediate functions to manipulate data, i.e. modify fields of information, develop new basic databases or spreadsheet models; spreadsheet, perform reconciliation.

16.5.4 Word processing - skill level 2

Use one or more software packages to apply advanced functions such as text columns, money columns, tables, e.g. to produce financial statements, printed forms, sorting, boxes, create displays of charts or graphs in report format, select style sheets appropriate to final presentation.

16.5.5 Secretarial - skill level 2

Take shorthand notes at 100 words per minute and transcribe at 95% accuracy; manage executive appointments; respond to invitations; organise internal meetings on behalf of executive; establish and maintain reference lists/personal contact systems for executives.

16.5.6 Enterprise/industry, specialist skills - skill level 4

Provide detailed advice and information on the organisation’s products and services; respond to client/public/supplier and internal organisation inquiries, within own function area, using such techniques as personal interview and liaison; explain organisation’s viewpoint to clients and appropriate persons; using knowledge of internal/external regulatory requirements related to own function area. Acquire and use specialist vocabulary, i.e. technical/medical/legal within the scope of this grade.

16.5.7 Information handling skills - skill level 4

Create new forms of files and records as required using computer-based records systems; e.g. customer/client/supplier and subscription lists. Access, identify, and extract information as required from external sources, e.g. databases, libraries, local authorities.

16.5.8 Business/financial skills - skill level 3

Prepare cash payment summaries and banking reports; apply purchasing and inventory control requirements; reconcile debtors, creditors and general ledger accounts to balance; follow-up unpaid accounts by telephone liaison/interview, prepare documentation on overdue accounts for senior officers or referral to debt recovery processes; calculate wage and salary requirements including tax, superannuation and other deductions and transfer payments for authorisation; calculate stock valuations; prepare bank reconciliations; calculate costings using established formulae for all inputs and margins.

16.5.9 Supervisory - skill level 1

Allocate work tasks to individuals, check work progress and correct errors.

16.6 Grade five - administrative officer

[16.6 substituted by PR942519 ppc 07Jan03; varied by PR947004; PR959294 ppc 27Jun05]


Total minimum weekly wage rate

$
Adults
639.00

16.6.1 Employees in this grade perform clerical and administrative duties using a more extensive range of skills and knowledge at a level higher than required in Grade 4. They are responsible and accountable for their own work, and may have limited responsibility for the work of others. They exercise initiative, discretion and judgement within the range of their skills and knowledge. Supervision is minimal. Employees shall be graded at this level where the principal functions of their employment, as determined by the employer, require the exercise of any one or more of the skill levels numbered set out below.

Employees may be required to train other employees in the skills of their own grade and below by means of personal instruction and demonstration.

16.6.2 Computer - skill level 4

Use a variety of application software packages within a micro/personal computer network including importing data from one package to another. Evaluate usefulness or applicability of software programs (using existing software programs) and recommend preferred solutions to meet new or different application requirements. Use advanced spreadsheet functions (e.g. Macro functions etc) to enhance operation of the spreadsheet. Use a central computer resource to an equivalent standard.

16.6.3 Word processing - skill level 3

Use all preceding word processing functions and integrate word processing software with other application software packages to produce complex text and data documents. Apply knowledge of desktop publishing to integrate complex documents. Apply advanced functions including Macros, moving columns for complex formatting of documents such as multi-column reports and presentations, including booklets. Apply complex maths functions.

16.6.4 Secretarial - skill level 3

Take shorthand notes at 120 words per minute and transcribe at 95% accuracy; attend executive/organisational meetings and take minutes; answer executive correspondence from verbal or rough handwritten instructions; organise teleconferences.

16.6.5 Enterprise industry, specialist skills - skill level 5

Apply detailed knowledge of the industry in which the organisation operates to complex issues/arrangements in such areas as consumer/client services, special products/service knowledge, and respond within established internal/external regulatory parameters and policies. Indicative Specialist Skills Include; apply

detailed knowledge of customs law and regulations to overseas sales and ordering. Apply detailed knowledge of inventory/stock requirements to obtain competitive quotations and initiate purchasing. Apply detailed knowledge of internal/external regulatory parameters and policies relating to industrial employment law, occupational health and safety, workers compensation claims procedures, superannuation requirements.

16.6.6 Information handling skills - skill level 5

Develop, plan and implement new paper based/manual filing records systems for the enterprise; assist in separate undertaking research (locate/solicit, summarise/extract and interpret information) related to function areas.

16.6.7 Business/financial skills - skill level 4

Post transaction