31. Public holidays

[Varied by PR747370]

31.1 Public holidays are provided for in the NES.

31.2 Substitution of public holidays

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

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

31.3 Payment for work on public holidays

Employees including casuals who work on:

(a) Christmas Day and Anzac Day will be paid at 200% of the minimum hourly rate for all time worked;

(b) Good Friday will be paid for all time worked at the rate of 150% for the first 4 hours and 200% thereafter based on the minimum hourly rate; and

(c) any other public holiday will be paid at 150% for the first 2 hours and 200% thereafter based on the minimum hourly rate.

For all employees other than casuals, the above payments will be in addition to the minimum weekly, daily or hourly rate of pay as appropriate, calculated by reference to the minimum hourly rate.

31.4 Time off instead of public holiday rates

Notwithstanding any other provision of clause 31, when an employee agrees to work on a public holiday which is part of their ordinary working week, they will be paid at the rate prescribed by clause 31.3 for the particular holiday, or by agreement between the employee and employer they may be paid the appropriate minimum rate and given equivalent ordinary time off instead within 28 days of the holiday occurring unless other arrangements are agreed to by the employer and employee.

[31.5 deleted by PR747370 ppc14Nov22]

Part 7—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774771 from 01Jul24]

11. Daily hire employees

[Varied by PR733854]

11.1 An employer in a meat processing establishment may employ daily hire or part-time daily hire employees.

11.2 The daily hire employee will be employed by the day or shift or part thereof as the case may be, without breaking service for the purposes of the award and the NES as to payment for public holidays, personal/carer’s leave and annual leave. Employment will terminate at the end of each day or shift on which the employee is employed.

11.3 A daily hire employee may be required by the employer to work no less than 7.6 ordinary hours for each day they are employed.

11.4 A part-time daily hire employee may be required by the employer to work no less than 4 consecutive hours for each day they are employed.

11.5 Notwithstanding the termination of employment at the end of each day or shift, the engagement of a daily hire employee or part-time daily hire employee will continue until the engagement is terminated.

11.6 Engagement may be terminated by notice on either side as from the end of the ordinary working hours on the day or shift on which notice is given or at any later time specified by the notice.

11.7 An employee who terminates their engagement as from a time prior to the end of the ordinary working hours on any day or shift without having given the notice in accordance with clause 11.6 will not be entitled to payment in respect of any time actually worked on that day or shift.

11.8 A part-time daily hire employee will receive for the hours worked, on a pro rata basis, equivalent pay and conditions to those of daily hire employees who perform the same work.

11.9 In consideration of the rights conferred, a daily hire employee or a part-time daily hire employee will attend and offer for employment at the normal or other place specified by the employer at the usual starting time on each ordinary day unless notified on a particular day they are not required to attend.

11.10 Daily hire loading

For each day worked, a daily hire employee must be paid:

(a) the daily rate of 20% of the minimum weekly rate; and

(b) a loading of 10% of the daily rate,

for the classification in which they are employed.

[11.11 inserted by PR733854 from 27Sep21]

11.11 If a daily hire employee falls within the definition of ‘casual employee’ in clause 2, the employee shall have an entitlement under this award to the following NES benefits as if the employee was not a casual employee:

(a) Annual leave as provided for in Division 6 of Part 2-2 of the Act (despite clause 25.1 of this award);

(b) Paid personal/carer’s leave as provided for in Subdivision A of Division 7 of Part 2-2 of the Act;

(c) Public holidays as provided for in Division 10 of Part 2-2 of the Act; and

(d) Redundancy pay as provided for in Subdivision B of Division 11 of Part 2-2 of the Act.

12. Casual employees

[Varied by PR724002, PR733854, PR777289]

[12.1 substituted by PR733854 from 27Sep21]

12.1 This clause does not apply to daily hire employees engaged pursuant to clause 11.

12.2 A casual employee will perform such work as the employer requires during the period of the engagement.

12.3 Subject to clause 12.2, the minimum period of engagement of a casual employee will be 4 hours each day or shift, which may be comprised of hours within or outside the span of ordinary hours provided for in this award.

[12.4 deleted by PR733854 from 27Sep21]

[12.5 renumbered as 12.4 by PR733854 from 27Sep21]

12.1 The ordinary hours of work for a casual employee must not exceed 38 hours in any week.

[12.6 renumbered as 12.5 by PR733854 from 27Sep21]

12.2 The minimum period of engagement for a casual cleaner employed to clean premises in any establishment may be 2 hours on any day or shift. The minimum period of engagement for a casual clerk employed as a bookkeeper may be 3 hours on any day or shift. The hours for casual cleaners or casual clerks may also be within or outside the span of ordinary hours.

[12.7 renumbered as 12.6 by PR733854 from 27Sep21]

12.3 Casual employees will be paid at the termination of each engagement or in accordance with the arrangements set out in clause 17.1.

[12.8 deleted by PR733854 from 27Sep21]

12.4 Casual loading

[12.9 substituted by PR724002 ppc 20Nov20; 12.9 renumbered as 12.7 by PR733854 from 27Sep21]

(a) For each ordinary hour worked, a casual employee must be paid a rate made up of:

(i) the minimum hourly rate for the classification in which they are employed; and

(ii) a loading of 25% of the minimum hourly rate.

(b) The casual loading will not be paid for overtime hours worked.

[12.10 deleted by PR724002 ppc 20Nov20]

[12.11 renumbered as 12.10 by PR724002; 12.10 renumbered as 12.8 by PR733854 from 27Sep21]

12.5 A casual employee employed on shiftwork will, in addition to the casual loading set out in clause 12.4, be paid the appropriate shift rate based on the minimum hourly rate excluding the casual loading.

[12.12 renumbered as 12.11 by PR724002; 12.11 renumbered as 12.9 by PR733854 from 27Sep21]

12.6 A casual employee who works ordinary hours on a Saturday or Sunday, where ordinary hours are permitted by this award, does not receive the rate set out in clause 12.4 but receives, instead, the appropriate weekend penalty rates set out in clause 24—Penalty rates.

12.7 Changes to casual employment status

[12.13 renumbered as 12.12 by PR724002; 12.12 renumbered as 12.10 and renamed and substituted by PR733854; renamed and substituted by PR777289 from 27Aug24]

A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 34—Dispute resolution.

12.8 Right to request conversion to daily hire employment in meat processing establishments

[12.14 renumbered as 12.13 by PR724002; 12.13 renumbered as 12.11 and renamed and substituted by PR733854 from 27Sep21]

(a) A person engaged by a particular employer as a regular casual employee in a meat processing establishment may request that their employment be converted to daily hire or part-time daily hire employment.

(b) A regular casual employee for the purpose of subclause 12.8 is a casual employee employed in accordance with clause 12 who has over the preceding 12 months worked a pattern of hours on an ongoing basis which, without significant adjustment, the employee could continue to perform as a full-time, part-time or daily hire employee (including part-time daily hire employee) under the provisions of this award.

(c) A regular casual employee may request to have their casual employment converted to the category of daily hire employment corresponding to the pattern of hours the employee has worked over the period referred to in clause 12.8(b).

(d) Any request under clause 12.8 must be in writing and provided to the employer.

(e) Where a regular casual employee seeks to convert to daily hire or part-time daily hire employment, the employer may agree to or refuse the request. The request may only be refused on reasonable grounds and after consultation with the employee.

(f) Reasonable grounds for refusal may include:

(i) that it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a daily hire or part-time daily hire employee in accordance with the provisions of this award – that is, the casual employee is not a true regular casual employee as defined in clause 12.8(b);

(ii) that it is known, or reasonably foreseeable, that the regular casual employee’s position will cease to exist within the next 12 months;

(iii) that it is known, or reasonably foreseeable, that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months, other than where daily hire is in operation and the reduction in hours is due to seasonal factors; or

(iv) that it is known, or reasonably foreseeable, that there will be a significant change in the days and times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

(g) For any ground of refusal to be reasonable it must be based on facts that are known or reasonably foreseeable.

(h) Where the employer refuses a regular casual employee’s request to convert, the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made.

(i) If the employee does not accept the employer’s refusal, this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 34—Dispute resolution. Under that procedure, the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(j) Where it is agreed that a regular casual employee will have their employment converted to daily hire or part-time daily hire employment as provided for in clause 12.8, the employer and employee must discuss and record in writing the form of employment to which the employee will convert—that is, daily hire or part-time daily hire employment.

(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(l) Once a regular casual employee has converted to daily hire or part-time daily hire employment, the employee may only revert to casual employment with the written agreement of the employer.

(m) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage), or have their hours reduced or varied, in order to avoid any right or obligation under clause 12.8.

(n) Nothing in clause 12.8 obliges a regular casual employee to convert to daily hire or part-time daily hire employment, nor permits an employer to require a regular casual employee to so convert.

(o) Nothing in clause 12.8 requires an employer to increase the hours of a regular casual employee seeking conversion to daily hire or part-time daily hire employment.

(p) An employer must provide a casual employee employed in accordance with clause 12, whether a regular casual employee or not, with a copy of the provisions of clause 12.8 within the first 12 months of the employee’s first engagement to perform work.

(q) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in clause 12.8(p).

16. Minimum rates

[Varied by PR720159, PR718877, PR729317, PR733854, PR740742, PR762168, PR773945, PR786597, PR799339]

16.1 Adult rates

[16.1 varied by PR718877, PR729317, PR740742, PR762168, PR773945, PR786597, PR799339 ppc 01Jul26]

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

Employee classification | Minimum weekly rate(full-time employee) | Minimum hourly rate

| $ | $

MI 1 | 978.10 | 25.74

MI 2 | 1004.90 | 26.44

MI 3 | 1010.90 | 26.60

MI 4 | 1034.60 | 27.23

MI 5 | 1052.90 | 27.71

MI 6 | 1074.50 | 28.28

MI 7 | 1119.10 | 29.45

MI 8 | 1160.20 | 30.53

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

16.2 Junior rates

(a) Junior employees will be paid the percentage of the applicable adult weekly rate (or in the case of part-time or casual employees, the hourly rate) for their classification as follows:

Age | % of adult rate

Under 17 years | 50

17 years | 60

18 years | 75

19 years | 85

16.3 Apprentice rates

(a) Minimum rates for apprentices

(i) The minimum award rates for apprentices completing a 4 stage or year apprenticeship and who commenced before 1 January 2014 are the following percentages of the minimum weekly rate of MI 7:

Stage or year of apprenticeship | % of MI 7

1 | 50

2 | 60

3 | 85

4 | 95

(ii) The minimum award rates for apprentices completing a 4 stage or year apprenticeship and who commenced on or after 1 January 2014 are the following percentages of the minimum weekly rate of MI 7:

Stage or year of apprenticeship | % of MI 7 for apprentices who have not completed year 12 | % of MI 7 for apprentices who have completed year 12

1 | 50 | 55

2 | 60 | 65

3 | 85 | 85

4 | 95 | 95

16.4 Adult apprentice rates

(a) The minimum award rates for adult apprentices who commenced on or after 1 January 2014 and are in the first stage or year of their apprenticeship must be 80% of the minimum rate for MI 7, or the rate prescribed by clause 16.3(a) for the relevant year of the apprenticeship, whichever is greater.

(b) The minimum award rates for adult apprentices who commenced on or after 1 January 2014 and are in the second and subsequent stages or years of their apprenticeship must be the rate for the lowest adult classification in clause 16.1, or the rate prescribed by clause 16.3(a) for the relevant year of the apprenticeship, whichever is greater.

[16.4(c) varied by PR733854 from 27Sep21]

(c) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part-time or regular casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 16.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

16.5 Apprentice conditions of employment

(a) The terms of this award apply to apprentices in the meat industry except where otherwise stated. Apprentices may be engaged in trades or occupations that are defined and provided for in Schedule A—Classification Definitions where such trades or occupations are declared or recognised by an apprenticeship authority. There is no such declaration or recognition for a trade qualified Slaughterer as defined.

(b) For the purposes of clause 16.5 herein, apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship.

(c) In any State in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.

(d) An apprentice may be engaged under a training agreement approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for the vocation in the training package.

(e) Apprenticeships under this award are competency based. The actual time taken to complete an apprenticeship will therefore vary depending upon factors such as the intensity of training and the variety of work experience and any additional requirements set out in this award.

(f) The nominal period of the apprenticeship is up to 4 years, however this period may be varied as follows:

(i) to make up for lost time as set out in clause 16.5(q); and/or

(ii) with the approval of the relevant State or Territory apprenticeship authority, to recognise prior learning including vocational education and training in school, pre-apprenticeship programs and other prior learning, the nominal period may be shortened to reflect the proportion of the competencies already acquired; and/or

(iii) it may be extended by up to 6 months in Stage 3 and 12 months in Stage 4 in the apprenticeship where required to complete the competencies.

(g) Notwithstanding the nominal period, the apprenticeship may be completed in a shorter period when:

(i) the qualification specified in the training agreement is successfully completed; and

(ii) the apprentice has the necessary practical experience to achieve competency in the skills covered by the training agreement, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant state/territory apprenticeship authority for determination; and

(iii) the requirements of the relevant state/territory apprenticeship authority with respect to demonstration of competency and any minimum necessary work experience requirements are met; and

(iv) with respect to trades where there are additional licensing or regulatory requirements under State legislation or this award, when these requirements are met.

(h) An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training agreement and the requirements of State legislation and the apprenticeship authority.

(i) The probationary period of an apprentice is as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with State legislation but must not exceed 3 months.

(j) Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 16.5 operates subject to the provisions of Schedule D—School-based Apprenticeships.

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

(l) The ordinary hours of employment of apprentices in each enterprise are not to exceed those of the relevant tradesperson.

(m) The minimum rates applying to apprentices under this award are dealt with in clauses 16.3 and 16.4 and no apprentice is to work under a system of payment by results.

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

(o) The nominal period of the apprenticeship is extended by an additional day for each day of absence during each year of the apprenticeship, except in respect of absences due to annual leave or long service leave.

(p) Periods of paid personal/carer leave which total ten or less days in any apprenticeship year do not extend the nominal period of the apprenticeship.

(q) Except where the apprentice meets the competency requirements to progress to the next stage as set out in clause 16.9 the following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours must be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

16.6 Payment of Travel Costs, Fees and Text Books

(a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 16.6 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(b) For the purposes of clause 16.6(a) excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 16.6, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(c) The amount payable by an employer under clause 16.6(a) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

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

(e) An employer may meet its obligations under clause 16.6(d) by paying any fees and/or cost of textbooks directly to the RTO.

16.7 Competency based progression

(a) For the purpose of competency based wage progression in clauses 16.3 and 16.4 an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:

(i) competency has been achieved in the relevant proportion of the total units of competency specified in clause 16.9 for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan; and

(ii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met; and

(iii) either:

 the Registered Training Organisation (RTO), the employer and the apprentice agree that the abovementioned requirements have been met; or

 the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.

(b) If the employer disagrees with the assessment of the RTO referred to in the second dot point in clause 16.7(a)(iii) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

(c) For the purposes of clause 16.7, the training package containing the qualification specified in the contract of training for the apprenticeship sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of “competency” utilised for the purpose of the training packages and for the purpose of clause 16.7 is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(d) The apprentice will be paid the wage rate referred to in clause 16.7(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 16.7(a)(iii) or on a date as determined under the dispute resolution process in clause 16.7(b).

16.8 Minimum wages

The minimum wages for an apprentice are as set out in the following table, provided that progression through the stages set out in this table is in accordance with clause 16.9.

Stage of apprenticeship | % of MI7 for apprentices who have not completed year 12 | % of MI7 for apprentices who have completed year 12

Stage 1 | 50 | 55

Stage 2 | 60 | 65

Stage 3 | 85 | 85

Stage 4 | 95 | 95

16.9 Conditions for progression through each stage

The conditions for progression to each stage are set out in the following table:

Stage of apprenticeship entry, exit and progression requirements

Stage 1

Entry

Nil entry requirements

Exit

There is no exit point at this stage

Stage 2

Entry

An apprentice enters Stage 2:

 on attainment of 25% of the total competency points for the relevant AQF Certificate III qualification specified in the training plan; or

 12 months after commencing the apprenticeship, subject to clause 16.5(o);

whichever is earlier.

Exit

There is no exit point at this stage

Stage 3

Entry

An apprentice enters Stage 3:

 on attainment of 50% of the total competency points for the relevant AQF Certificate III qualification specified in the training plan; or

 12 months after commencing Stage 2, subject to clause 16.5(o);

whichever is earlier.

Exit

There is no exit point at this stage

Stage 4

Entry

An apprentice enters Stage 4:

 on attainment of 75% of the total competency points for the relevant AQF Certificate III qualification specified in the training plan; or

 12 months after commencing Stage 3, subject to clause 16.5(o);

whichever is earlier.

Exit

Upon the attainment of 100% of the total competency points for the relevant AQF Certificate III qualification specified in the training plan and subject to clauses 16.5(e), 16.5(f), 16.5(g) and 16.5(o), an apprentice will exit with the relevant AQF Certificate III qualification.

16.10 Higher duties

(a) An employee required to perform the duties of a position at a higher classification level for 2 hours or longer, must be paid, for all work done on that day or shift, the rate applicable for that higher level.

(b) If the work at the higher classification level is for less than 2 hours, the employee will be paid for 2 hours at the higher rate and the balance of their working time will be paid at the rate of the employee’s ordinary classification.

16.11 National training wage

[16.11(a) varied by PR720159 ppc 18Jun20]

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[16.11(b) varied by PR720159 ppc 18Jun20, PR718877, PR729317, PR740742, PR762168, PR773945, PR786597, PR799339 ppc 01Jul26]

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2026 Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Meat Industry Award 2020 and not the Miscellaneous Award 2020.

16.12 School based apprentices

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

16.13 Supported wage system

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