2. Definitions

[Varied by PR733892, PR774786, PR777307, PR795698]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

adult employee means an employee 18 years of age and over.

afternoon shift means a shift of ordinary hours finishing at or after 5.00 pm or, where the ordinary hours are extended by agreement, 6.00 pm and at or before midnight.

all purposes means the payment will be included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave (see clause 17.2(a)).

[Definition of casual employee inserted by PR733892 from 27Sep21; varied by PR777307 from 27Aug24]

casual employee has the meaning given by section 15A of the Act.

NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

early morning shift means a shift of ordinary hours commencing at or after 2.00 am and before 4.00 am.

employee means national system employee within the meaning of the Act.

[Definition of employee organisation inserted by PR774786; substituted retrospectively by PR795698 ppc 01Jul24]

employee organisation has the meaning given by section 12 of the Act.

employer means national system employer within the meaning of the Act.

[Definition of enterprise inserted by PR774786 from 01Jul24]

enterprise has the meaning given by section 12 of the Act.

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

leading hand means an employee who is given by the employer, or their agent, the responsibility for directing and/or supervising the work of other persons.

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

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

night shift means a shift finishing after midnight and at or before 8.00 am.

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

ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 15—Minimum rates, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.

permanent night shift employee is an employee who:

(a) works night shift only; or

(b) stays on night shift for a longer period than 4 consecutive weeks; or

(c) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle.

poultry processing industry has the meaning given in clause 4.2.

[Definition of small business employer inserted by PR774786 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

standard rate means the minimum hourly rate for the Level 2 classification in clause 15.1.

[Definition of workplace delegate inserted by PR774786 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

5. Individual flexibility arrangements

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.

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

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

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

(a) give the employee a written proposal; and

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

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

5.6 An agreement must do all of the following:

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

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

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

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

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

5.7 An agreement must be:

(a) in writing; and

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

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

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

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

5.11 An agreement may be terminated:

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

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

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

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

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

11. Casual employees

[Varied by PR723953, PR733892, PR777307]

[11.1 deleted by PR733892 from 27Sep21]

[11.2 renumbered as 11.1 by PR733892 from 27Sep21]

11.1 For each engagement, a casual employee must be paid for a minimum of 3 hours.

11.2 Casual loading

[11.3 substituted by PR723953 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733892 from 27Sep21]

(a) For each ordinary hour worked, a casual employee must be paid:

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

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

(b) Where any other penalty is paid for working ordinary hours the calculation of such penalty must be based on the minimum hourly rate for the classification.

(c) The casual loading is not paid for overtime or time worked on Saturday, Sunday or a public holiday.

11.3 Changes to casual employment status

[11.4 renumbered as 11.3 and renamed and substituted by PR733892 from 27Sep21; renamed and substituted by PR777307 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 29—Dispute resolution.

13. Ordinary hours of work

13.1 Ordinary hours

(a) Maximum weekly hours and requests for flexible working arrangements are provided for in the NES.

(b) Except as provided elsewhere in this award:

(i) the ordinary hours of work for a full-time employee are an average of 38 per week; and

(ii) an employee will not work more than 10 ordinary hours per day or 152 over 28 days.

13.2 Ordinary hours—day workers

(a) Ordinary hours for a day worker may be worked on any or all days, Monday to Friday. Ordinary hours may also be worked on Saturday and Sunday, subject to agreement between the employer and a majority of affected employees, or the employer and an individual employee. If agreement is reached in accordance with clause 13.2(a), the additional rates in clause 20.2 apply.

(b) Ordinary hours of work are to be worked continuously, except for meal and rest breaks, at the discretion of the employer, between the hours of 5.00 am and 5.00 pm. The spread of hours (5.00 am to 5.00 pm) may be altered by up to one hour at either or both ends of the spread, by agreement between an employer and the majority of affected employees, or in appropriate circumstances, between the employer and an individual employee. Any change to regular rosters or ordinary hours of work is subject to the consultative provisions in clause28––Consultation about changes to rosters or hours of work.

(c) The employer and a majority of affected employees may agree that the ordinary hours for a day worker be up to 12 hours per day.

13.3 Ordinary hours—shiftworkers

(a) Ordinary hours for a shiftworker may be worked on any or all days, Monday to Sunday. The ordinary hours are up to 10 hours per day, inclusive of meal breaks.

(b) The employer and a majority of affected employees may agree that the ordinary hours for a shiftworker be up to 12 hours per day, inclusive of meal breaks, worked Monday to Sunday.

(c) Shift notice

(i) An employee must be given at least 48 hours’ notice of a requirement to work shiftwork and any alteration to their hours of work. By agreement between an employer and an employee, the notice requirement may be waived.

(ii) The hours for a shiftworker when fixed may be varied for breakdowns or other causes beyond the control of the employer.

(iii) See clause 28—Consultation about changes to rosters or hours of work.

19. Overtime

[Varied by PR723953, PR747390, PR763279]

19.1 Definition of overtime

Overtime is any work done outside ordinary hours as provided in clause 13—Ordinary hours of work.

19.2 Overtime rates

Where an employee works overtime the employer must pay to the employee the overtime rates as follows:

For overtime worked on | Overtime rate% of ordinary hourly rate

Monday to Saturday—first 3 hours | 150

Monday to Saturday—after 3 hours | 200

Sunday—all day | 200

Public holiday—all day | 250

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

19.3 For the purposes of calculating overtime payments, each day will stand alone.

19.4 Minimum payment periods—overtime

The following minimum payment periods apply in relation to overtime:

(a) An employee required to work overtime on a Saturday must be paid for a minimum of 3 hours;

(b) An employee required to work overtime on a Sunday or public holiday must be paid for a minimum of 4 hours.

[19.4(c) inserted by PR747390 ppc 14Nov22]

(c) Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 19.4(b).

[19.5 substituted by PR723953 ppc 20Nov20]

19.5 The casual loading prescribed by clause 11.2(a)(ii) will not be paid for overtime hours worked.

19.6 Call back

(a) An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) must be paid for a minimum of 3 hours at the overtime rates each time the employee is called back.

(b) Clause 19.6(a) does not apply where it is customary for an employee to return to the employer’s premises to perform a specific job outside the employee’s ordinary hours or where the overtime is continuous, subject to a reasonable meal break, with the completion or commencement of ordinary hours.

19.7 Rest period after overtime

(a) When overtime work is necessary it must, wherever reasonably practicable, be arranged so that an employee has at least 10 consecutive hours off duty between the work of successive working days.

(b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to the other provisions of clause 19.7, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during such absence.

(c) If on the instructions of the employer, an employee resumes or continues work without having had the 10 consecutive hours off duty the employee must be paid at 200% of the ordinary hourly rate until the employee is released from duty for such period. The employee is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.

(d) The provisions of clause 19.7 apply in the case of a shiftworker as if 8 hours were substituted for 10 hours when overtime is worked:

(i) for the purpose of changing shift rosters; or

(ii) where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace the shiftworker; or

(iii) where a shift is worked by arrangement between the employees themselves.

19.8 Time off instead of payment for overtime

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

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 19.8.

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

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

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

(iii) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;

(iv) that any payment mentioned in clause 19.8(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 19.8 is set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for Time Off Instead of Payment for Overtime. An agreement under clause 19.8 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

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

EXAMPLE: By making an agreement under clause 19.8 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

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

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

(f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.8 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.8(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

(h) The employer must keep a copy of any agreement under clause 19.8 as an employee record.

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

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 19.8 will apply, including the requirement for separate written agreements under clause 19.8(b) for overtime that has been worked.

[Note varied by PR763279 ppc 01Aug23]

NOTE: If an employee makes a request under section 65 of the Act for a change in working arrangements, the employer may only refuse that request on reasonable business grounds (see section 65A(3) of the Act).

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 19.8 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 19.8.

20. Penalty rates

[Varied by PR747390]

20.1 Definitions

For the purposes of this award:

(a) Early morning shift means a shift of ordinary hours commencing at or after 2.00 am and before 4.00 am; and

(b) Afternoon shift means a shift of ordinary hours finishing at or after 5.00 pm or, where the ordinary hours are extended by agreement, 6.00 pm and at or before midnight; and

(c) Night shift means a shift finishing after midnight and at or before 8.00 am; and

(d) Permanent night shift employee is an employee who:

(i) works night shift only; or

(ii) stays on night shift for a longer period than 4 consecutive weeks; or

(iii) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle.

20.2 An employee will be paid the following rates for all ordinary hours worked during the following periods.

Ordinary hours worked on: | % ordinary hourly rate

Monday to Friday—shiftworkers |

Early morning shift | 110

Afternoon shift or night shift | 115

Permanent night shift | 125

Weekend work—all employees (including shiftworkers) |

Saturday | 150

Sunday | 175

Public holiday | 250

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

20.3 A shiftworker who is required to work on a public holiday must be paid for a minimum of 4 hours.

[New 20.4 inserted by PR747390 ppc 14Nov22]

20.4 Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 20.3.

[20.4 renumbered as 20.5 by PR747390 ppc 14Nov22]

20.5 A shiftworker who is required and works overtime must be paid overtime in accordance with clause 19—Overtime.

Part 6—Leave, Public Holidays