Guide to Format and
Structure of
Modern Awards
February 2009
As at 16 February 2009
1.
Purpose of this guide ...................................................................................... 3
2.
The template .................................................................................................... 3
2.1
The amod_ext template ........................................................................ 3
2.2
Downloading template ........................................................................... 3
2.3
Creating a new draft award ................................................................... 3
2.4
Inserting text into new draft award ......................................................... 3
2.5
Inserting required text into new draft award ........................................... 4
3.
Clauses ............................................................................................................ 5
3.1
Clause titles .......................................................................................... 5
3.2
Standard clauses .................................................................................. 6
4.
Numbering conventions .................................................................................. 7
4.1
Preferred numbering in a draft award .................................................... 7
4.2
Automatic numbering in template .......................................................... 8
4.3
Cross-references .................................................................................. 8
5.
Fonts, styles and page settings.................................................................... 10
5.1
Fonts ................................................................................................... 10
5.2
Styles .................................................................................................. 10
5.3
Paper size, margins, tab settings and justification ............................... 13
5.4
Headers .............................................................................................. 14
5.5
Footers and page numbers ................................................................. 14
5.6
Spelling list .......................................................................................... 14
5.7
Abbreviations ...................................................................................... 14
5.8
Numbers ............................................................................................. 15
5.9
Tables ................................................................................................. 15
6.
References ..................................................................................................... 17
6.1
Referencing pre-reform instruments .................................................... 17
6.2
Cross-references within a draft award ................................................. 17
6.3
References to NES ............................................................................. 18
6.4
References to Legislation .................................................................... 18
Appendix A—Sample text in draft award clause ................................................. 19
Appendix B—Sample text in Schedule using preferred numbering .................. 22
Appendix C—Autotext entries in amod_ext template ......................................... 24
C.1
Current entries .................................................................................... 24
C.2
Standard clauses ................................................................................ 24
Appendix D—Standard modern award clauses .................................................. 25
Appendix E—Tips for Keyboard Operators ......................................................... 35
E.1
Formatting troubleshooting.................................................................. 35
E.2
Styles and formatting .......................................................................... 35
E.3
Keyboard shortcuts ............................................................................. 37
2
1.
Purpose of this guide
This guide is designed to assist parties drafting modern awards in line with the
preferred style of the Australian Industrial Relations Commission (the Commission).
This is a guide in relation to style and format only. It does not purport to recommend
the content of any modern award or award clause.
2.
The template
2.1
The amod_ext template
A Microsoft Word template called amod_ext.dot has been created to assist in the
creation of modern awards. The template allows a user to create a document using the
preferred numbering style, page layout and fonts of the Commission. The template
also contains an outline of the preferred clause headings although this does not
prevent parties from removing suggested clauses or inserting additional clauses.
Note: This template was last updated on 17 February 2009.
2.2
Downloading template
The amod_ext.dot template can be downloaded from the Award Modernisation—
Research page of the AIRC website or by clicking on the following link:
http://www.airc.gov.au/awardmod/guide/amod_ext.dot.
This template should be saved to the directory on your network where other Word
templates have been saved. To check this click on Tools, Options and File locations
and check where your User and Workgroup templates are stored.
2.3
Creating a new draft award
To create a new draft award based on the amod_ext.dot template:
(1)
open a blank document in Word
(2)
click on File and New
(3)
search for templates On my computer
(4)
select the amod_ext template from the appropriate directory
(5)
click OK
Note: Some IT and Word processing systems may require different steps to those
above. This has been included as a guide only.
2.4
Inserting text into new draft award
When you have created a new draft award based on the amod_ext.dot template as
above, you can copy and paste text from another document under the relevant clause
headings, then apply the relevant styles as per section 5.2—Styles of this Guide.
See also Appendix D—Tips for Keyboard Operators.
3
2.5
Inserting required text into new draft award
The amod_ext.dot template displays some required text in red as follows:
Parties’ Draft Award—"Enter organisation name and date" 2009
"Enter Award Title" 2010
Table of Contents
To enter the required text in the fields highlighted in red, place your cursor anywhere in
the red text and the field will turn black:
Type the relevant information e.g. AIGroup—20 February
The text will be inserted into the document in the correct font.
4
3.
Clauses
3.1
Clause titles
(a)
The following is an outline of suggested clause titles for a draft award:
Part 1— Application and Operation
1.
Title
2.
Commencement date
3.
Definitions and interpretation
4.
Coverage
5.
Access to the award and the National Employment Standards
6.
The National Employment Standards and this award
7.
Award flexibility
Part 2— Consultation and Dispute Resolution
8.
Consultation regarding major workplace change
9.
Dispute resolution
Part 3— Types of Employment and Termination of Employment
10.
Types of employment
11.
Termination of employment
12.
Redundancy
Part 4— Minimum Wages and Related Matters
13.
Classifications
14.
Minimum wages
15.
Allowances
16.
District allowances
17.
Accident pay
18.
Higher duties
19.
Payment of wages
20.
Superannuation
Part 5— Hours of work and related matters
21.
Ordinary hours of work and rostering
22.
Breaks
23.
Overtime and penalty rates
Part 6— Leave and Public Holidays
24.
Annual leave
25.
Personal/carer’s leave and compassionate leave
26.
Community service leave
5
27.
Public holidays
Schedule A —**Insert Schedule Heading
Schedule B —**Insert Schedule Heading
Schedule C —**Insert Schedule Heading
etc.
(b)
Additional clause titles
Draft awards are not limited to the above clause titles; additional clauses may
be inserted in the appropriate Part. Applying the styles in the template to the
additional text will automatically renumber the subsequent clauses.
(c)
Unused clause titles
When there is no information in relation to a specific clause title, the heading
should be deleted. Subsequent clauses will automatically be renumbered
where the styles in the template have been applied.
(d)
Schedules
Schedules may be appended to the draft award. Examples of the type of
information that may be included in schedules are detailed classification
information, a Supported Wage System clause or Transitional information.
(e)
Table of Contents
Each draft award should contain a Table of Contents at the start of the
document containing the part, clause and schedule headings only.
Where the styles in the amod_ext.dot template have been applied to text in the
draft award, the Table of Contents can be automatically generated and updated
using the TOC and Update TOC buttons on the toolbar.
3.2
Standard clauses
When you open the template, the text of a number of ‘standard clauses’ appears. The
text of these clauses has been determined by a Full Bench of the Commission but in
some cases may be varied to suit the requirements of particular industries.
[See decision [2008] AIRCFB 1000 dated 19 December 2008]
See Appendix D for the content of the standard clauses.
6
4.
Numbering conventions
4.1
Preferred numbering in a draft award
Part 3—Types of Employment and Termination of Employment
10.
Employment categories
10.1
Full-time employment
(a)
Clause 10.1(a)
(i)
Clause 10.1(a)(i)
Draft awards are to be numbered using a semi-decimalised numbering system:
Numbering style
Part 1, Part 2, Part 3, etc.
Part
Style in template
Part heading
Button ^
Part
Clause
1, 2, 3, etc.
Level 1
Lvl 1
Subclause
1.1, 1.2, 1.3, etc.
Level 2 or Level 2 Bold
Lvl 2
Paragraph
(a), (b), (c), etc.
Level 3 or Level 3 Bold
Lvl 3
Subparagraph
(i), (ii), (iii), etc.
Level 4 or Level 4 Bold
Lvl 4
Numbering within a Schedule
Schedule
Schedule A, Schedule B, etc.
Clause
A.1, A.2, A.3, etc.
Subclause
A.1.1, A.1.2, A.1.3, etc.
Paragraph
(a), (b), (c), etc.
Subparagraph
(i), (ii), (iii), etc.
^
Sub document
Sub Level 1 or
Sub Level 1 Heading
Sub Level 2 or
Sub Level 2 Heading
Sub Level 3 or Sub
Level 3 Bold
Sub Level 4 or Sub
Level 4 Bold
Schedule
Schedule
Lvl 1
Schedule
Lvl 2
Schedule
Lvl 3
Schedule
Lvl 4
See 5.2—Styles for more information about applying styles to text.
Notes:

Clause numbers are to be bolded (except when used in a cross-reference)

When referencing another clause within a draft award, the term ‘clause’ is
always used e.g. “in clause 7.3” not “in subclause 7.3”

Paragraphs and subparagraphs are cited in full e.g. clause 5.6(a), clause
7.8(b)(ii) or, within a Schedule, cite as clause B.9.1(c)
7

Where part headings are included, the clause numbering continues in any
subsequent part e.g. Part 1—Application and Operation may include clauses 1
– 7; then Part 2—Consultation and Dispute Resolution will start at clause 8 (not
restart at clause 1)

Beyond Level 4, dot points should be used
4.2
Automatic numbering in template
When using the amod_ext.dot template to create the draft award, the appropriate
numbering will be automatically generated when a style is applied to a paragraph of
text. Clause numbers will automatically be renumbered when text is inserted or
deleted.
4.3
Cross-references
When using the amod_ext.dot template to create the draft award, the cross-reference
feature in Word can be utilised. Using this feature ensures cross-references will be
automatically updated if text is inserted or deleted elsewhere in the document and
clauses are renumbered as a consequence.
To insert a cross-reference:
(1)
(2)
(3)
(4)
With the cursor where the cross-reference is to be inserted
Click Insert
Reference
Cross-reference
Choose the relevant paragraph from the list of numbered items and
click Insert
Use the Paragraph number (full context) option to display the full
reference e.g. 7.3(a)(i).
If you only want the paragraph number (and not the clause number),
use the Paragraph number (no context) option e.g. to create a crossreference citing ‘clauses 7.3(a)(i) and (ii)’ you would use full context for
7.3(a)(i) and no context for (ii).
8
9
5.
Fonts, styles and page settings
5.1
Fonts
The recommended font for text in a draft award is Times New Roman 12 pt.
5.2
Styles
The AMOD toolbar*:
The drop down menu for Extras
The drop
down menu
for Shed
Styles
(a)
The amod_ext.dot template contains a series of styles which will apply
the correct font, indentation and numbering to text. Following is a list of
the styles used:
Style
Name
Style Attributes
Button *
Normal
Times New Roman; 12pt; Justified; single line spacing; 10pt
paragraph spacing before
Normal
Normal + 16pt; Bold; Title Case; Left justified; 24pt paragraph spacing
before; Keep with next
Part
Normal + 14pt; Bold; Sentence case; Left justified; 1.5 cm hanging indent;
24pt paragraph spacing before; Keep with next (Clause heading)
1
Part heading
Level 1
Level 2
Lvl
Normal + 1.5 cm hanging indent.
Lvl
2
Level 2-Bold
Level 3
Normal + Bold; Sentence case; Left justified; 1.5 cm hanging indent; Keep
with next (Subclause heading)
Lvl
2 Bold
Normal + 1.5 cm Left indent; 1 cm hanging indent.
Lvl
3
Level 3-Bold
Level 4
Normal + Bold; Sentence case; Left justified; 1.5 cm Left indent; 1 cm
hanging indent; Keep with next (Paragraph heading)
Lvl
2 Bold
Normal + 2.5 cm left indent; 1 cm hanging indent.
Lvl
4
Level 4-Bold
Normal + Bold; Sentence case; Left justified; 2.5 cm left indent; 1 cm
hanging indent; Keep with next (Subparagraph heading)
Lvl
2 Bold
Schedule styles
Sub
document
10
Normal + 14pt; Bold; All Caps; Sentence Case; Left justified; 24pt
paragraph spacing before; Keep with next (Schedule heading)
Schedule
Style
Name
Style Attributes
Button *
Sub Level 1
Bold
Normal + 14pt; Bold; Sentence case; Left justified; 1.5 cm hanging indent;
24pt paragraph spacing before; Keep with next (Clause heading in
Schedule)
Sched
Lvl 1
Heading
Sub Level 1
Normal + 1.5 cm hanging indent.
Sched
Lvl 1
Sub Level 2
Bold
Normal + Bold; Sentence case; Left justified; 1.5 cm hanging indent; Keep
with next (Subclause heading in Schedule)
Sched
Lvl 2
Heading
Sub Level 2
Normal + 1.5 cm hanging indent.
Sched
Lvl 2
Sub Level 3
Bold
Normal + Bold; Sentence case; Left justified; 2.5 cm hanging indent; Keep
with next (Subclause heading in Schedule)
Sched
Lvl 3
Heading
Sub Level 3
Normal + 2.5 cm hanging indent.
Sched
Lvl 3
Sub Level 4
Bold
Normal + Bold; Sentence case; Left justified; 3.5 cm hanging indent; Keep
with next (Subclause heading in Schedule)
Sched
Lvl 4
Heading
Sub Level 4
Normal + 3.5 cm hanging indent.
Sched
Lvl 4
Other text styles
Block 1
Normal + 1.5 cm left indent.
Block 1
Block 2
Normal + 2.5 cm left indent.
Block 2
Block 3
Normal + 3.5 cm left indent.
Block 3
Bullet 1
Normal + Bulleted; 1.5 cm left indent; 0.3 cm hanging indent; 11pt bullet.
Bullet 1
Bullet 2
Normal + Bulleted; 2.5 cm left indent; 0.3 cm hanging indent; 11pt bullet.
Bullet 2
Bullet 3
Normal + Bulleted; 3.5 cm left indent; 0.3 cm hanging indent; 11pt bullet.
Bullet 3
AMOD Table
Style
Normal + within cell 0cm left margins, 0.3cm right margin, 6pt para
spacing before text
AMOD Table
Style
*
With your cursor anywhere in a paragraph, click on the relevant button on the
toolbar to apply the style.
(b)
Sample text using preferred styles and fonts
11
Note: To access this view of a document in Word:
(1)
click Tools, Options and the View tab
(2)
under the Outline and Normal options heading
(3)
set the Style area width to 2 cm
(4)
use Normal view with Show/Hide activated.
(c)
12
Further samples of text using preferred styles and fonts are contained in
Appendix A.
5.3
Paper size, margins, tab settings and justification
The following settings are included in the template:
(a)
Page Setup
(b)
Footer settings for Page Numbers
Right page (odd numbers)
Left page (even numbers)
13
(c)
Tab settings
Tabs are included in the styles. They should only be set at 1.5 cm then
at 1 cm intervals.
(d)
5.4
Justification
 All clause text should be fully justified.
 Headings and text in tables should be left justified.
 Dollar amounts should be decimal tabbed aligned.
Headers
The header in draft awards should contain the date of the draft and the name of the
organisation. This will assist the Commission as there may be several versions of draft
awards produced and submitted.
To enter the relevant information in the header, click on the text in Red and type the
organisation name (or abbreviation) and date. (See also Section 2.4 of this Guide.)
Example:
Parties’ Draft (AMWU 28 April 2009): Printing Award 2010
5.5
Footers and page numbers
The footer in a draft award should contain page numbers only. Each page should be
numbered.
When the amod_ext.dot template has been used to create the draft award, page
numbers will be automatically inserted in the footer.
5.6
Spelling list
The preferred spelling for some commonly used terms:
first aid
full-time
judgment
organisation
overaward
part-time
5.7
pre-reform
pro rata
shiftwork(er)
subclause
underaward
wage-related
Abbreviations
Abbreviations should be spelt out in the first instance and if used throughout the
award, should be included in the Definitions and interpretation clause. Some common
abbreviations are:
National Employment Standards
Notional Agreement Preserving State Awards
14
NES
NAPSA
5.8
Numbers

In text: the numbers one to nine should be expressed as words; 10 and
above to be cited as figures.

In tables: all numbers should be cited as figures.

Percentages: express as figures and a symbol e.g. 25%.

Years: 2007–08 not 2007/08.
5.9
Tables
(a)
Sample Table 1 with instructions
Before any text has
been entered indent the
table according to the
level of style used.
To indent the table:
Right click on table and In Alignment option:
select Table Properties. Indent from left - Type
value (1.5, 2.5 or
3.5cm)
To format the table:
Select the entire table.
For dollar values:
Keep the cell(s) left
aligned and use the
decimal tab.
From the Extras menu
select AMOD Table
Style.
100.01
120.24
This will keep the
numbers aligned along
the decimal point.
(b)
1.001
10.1
Sample Table 2 with text
Allowance
Applicable Consumer Price Index
figure
Meal allowance
Take away and fast foods sub-group
Clothing, equipment and tools
allowance
Clothing and footwear group
Tools allowance
Tools component of the household
appliances, utensils and tools sub-group
Vehicle/travel allowance
Private motoring sub-group
15
(c)
Sample Table 2 with wages/text
TIP: Click on AMOD Table style
formatting button to format tables
Classification
Minimum wage
$
(b)
Introductory level
543.90
Maintenance and Horticultural Employee Level 1
567.60
Maintenance and Horticultural Employee Level 2
614.30
Tradesperson
637.60
Trackwork and Pool Supervisor
689.80
Management Employee Level 1
741.90
Management Employee Level 2
821.60
Sample junior rates table
Percentage of weekly wages for Maintenance Employee Level 1 as follows:
(c)
Age
%
Under 17 years
50
At 17 years
60
At 18 years
70
At 19 years
80
At 20 years
90
Sample apprentice rates table (4 year term)
Apprentices must receive the following percentage of the minimum wage rate
for the tradesperson classification:
%
1st year
50
2nd year
60
3rd year
70
4th year
85
Note: It must be clear what classification the Apprentice and Junior percentages are
based on.
16
6.
References
6.1
Referencing pre-reform instruments
(a)
Pre-26 March 2006 awards
e.g. Felt Hatting Industry Award 1999 [AW781105]
(b)
Post-26 March 2006 awards applying to constitutional corporations
(pre-reform awards)
e.g. Felt Hatting Industry Award 1999 [AP781105]
(c)
Post-26 March 2006 awards applying to other than constitutional
corporations (transitional awards)
e.g. Felt Hatting Industry Award 1999 [AT781105]
(d)
Awards applying on a common rule basis
The award code should always include the common rule code as
follows:
Code
CR
CRA
CRN
CRV
CAN
CAV
CNV
CRC
e.g.
(e)
6.2
Common rule applying in:
ACT, NT and Victoria
ACT
NT
Victoria
ACT and NT
ACT and Victoria
NT and Victoria
Christmas Island
Licensed Clubs (Victoria) Award 1998 [AP787060CRV]
NAPSAs
Titles of NAPSAs should include the code allocated by the AIR and
indicate the jurisdiction from which the NAPSA was notionally derived.
e.g.
Plumbers Award [AN170078 – Tas];
Shop Employees (State) Award [AN120499 – NSW]
Cross-references within a draft award
(a)
Suggestions
 All clauses, subclauses and paragraphs should be referenced as
‘clause’.
 When referencing an entire clause, include the clause title.
(b)
Examples
 ‘as defined in clause 3—Definitions’.

‘according to the hourly rate of pay in clause 9.1’.

‘regular hours of work for full-time employees in clause 15.1(a)’.
17
6.3
References to NES
Example
‘Before the start of the employee’s annual leave the employer must pay the
employee instead of the base rate of pay referred to in s.35(1) of the NES:’
6.4
References to Legislation
(a)
References to the Workplace Relations Act 1996
The first reference to the Workplace Relations Act 1996 (Cth) should be
in full and in italics. It can be shortened for subsequent references.
Examples
Section 123 of the Workplace Relations Act 1996 (Cth) (the Act) states
that . . . The Act defines . . .
The Workplace Relations Act 1996 is the only act that should be
shortened to ‘the Act’ in a draft award.
Sections of the Act should be cited as Section 576V, s.576V or ss.576J
and 576M. The word ‘Section’ should always be used at the start of a
sentence.
(b)
References to other legislation
Where other legislation is referenced, the jurisdiction should always be
appended to the Act title. The Act title should always be in full and in
italics.
Examples
Federal legislation
e.g. Superannuation Legislation Amendment (Choice of Superannuation
Funds) Act 2005 (Cth)
State legislation
e.g. Annual Holidays Act 1944 (NSW); Long Service Leave Act 1992
(Vic)
(c)
18
References to Regulations
The title of the Workplace Relations Regulations 2006 does not require
italics.
Appendix A—Sample text in draft award clause
19
20
Note: To access this view of a document in Word:
(1)
click Tools, Options and the View tab
(2)
under the Outline and Normal options heading
(3)
set the Style area width to 2 cm
(4)
use Normal view.
21
Appendix B—Sample text in Schedule using preferred
numbering
Schedule A—Classification Structure and Definitions
A.1
The classification structure and definitions set out in clauses 0 and 0 apply to
employees covered by this award, except where otherwise specified.
A.2
Classification structure
A.2.1
C1–C14 Levels
Classification
levels
C1
Classification title
Professional Engineer
Professional Scientist
Minimum training
requirement
Degree
(NOTE: Professional engineers and scientists will be considered in Stage 3)
...
A.2.3
The percentage wage relativities to C10 in the table in clause 0 reflect the
percentages prescribed in 1990 in Re Metal Industry Award 1984—Part I
[M0039 Print J2043]. The minimum wages in this award do not reflect these
relativities because some wage increases since 1990 have been expressed in
dollar amounts rather than percentages and as a result have reduced the
relativities.
A.2.3
Supervisor/Trainer/Coordinator
Where an employee is performing supervisory responsibilities, the employee is
to be classified as a:
(a)
Supervisor/Trainer/Coordinator—Level I . . .
A.3
Classification definitions
A.3.1
The following classification definitions should be read in conjunction with:
(a)
the stream and field definitions in this award.
(b)
the following definitions:
(i)
Or equivalent means:
 any training which a registered provider (e.g. TAFE), or State
recognition authority recognises as equivalent to an accredited
course which Manufacturing Skills Australia recognises for this
level, which can include advanced standing through recognition
of prior learning and/or overseas qualifications; or
 where competencies meet the requirements set out in the
Manufacturing Skills
22
Australia competency standards in
accordance with the National Metal and
Competency Standards Implementation Guide.
(ii)
Engineering
Work within the scope of this level means:
 for an employee who does not hold a qualification listed as a
minimum training requirement, that the employee can apply
skills within the enterprise selected in accordance with the
National Metal and Engineering Competency Standards
Implementation Guide, provided that the competencies selected
are competency standards recognised as relevant and appropriate
by Manufacturing Skills Australia and endorsed by the National
Quality Council; and
 where an employee has a qualification, clause 24.3(b)(iii)
applies.
...
A.3.2
Supervisor/Trainer/Coordinator
(a)
(b)
Supervisor/Trainer/Coordinator—Level I
(i)
A Supervisor/Trainer/Coordinator—Level I is an employee who is
responsible for the work of other employees and/or provision of
structured on-the-job training. Such an employee has completed a
qualification at AQF III level or above, of which at least one third
of the competencies are related to supervision/training, or
equivalent.
(ii)
Notwithstanding the above definition an employee who is mainly
engaged to perform work supervising or coordinating the work of
other employees and who has sufficient additional training beyond
that of those coordinated or supervised so as to enable the
employee to perform work within the scope of this level must be
classified at this level.
Supervisor/Trainer/Coordinator—Level II
(i)
A Supervisor/Trainer/Coordinator—Level II is an employee who is
responsible for the supervision and/or training of
Supervisor/Trainers/ Coordinators—Level I. Such an employee has
completed an AQF IV or V qualification or equivalent of which at
least 50% of the competencies are in supervision/training.
23
Appendix C—Autotext entries in amod_ext template
C.1
Current entries
Text
Shortcut*
Miscellaneous entries
Australian Fair Pay Commission
Australian Industrial Relations Commission
Workplace Relations Act 1998
afpc
airc
wract
*To insert autotext entry, type the shortcut and press F3.
C.2
Standard clauses
When you open the template, a number of standard clauses will appear. If you wish to
insert these individually you can use the following autotext entries. The full text of the
clauses appears in Appendix D.
Clause
Access to the award and the National Employment Standards
Accident pay
Adjustment of expense related allowances
Annual leave
Commencement date
Community service leave
Consultation regarding major workplace change
Coverage
Definitions and interpretation
Dispute resolution
District allowances
Award flexibility
The National Employment Standards and this award
Personal/carer’s leave and compassionate leave
Public holidays
Redundancy
Superannuation
Termination of employment
Title
*To insert autotext entry, type the shortcut and press F3.
24
Shortcut*
access
accident
adjustment
annual
commence
community
consultation
coverage
definitions
dispute
district
flexibility
nes
personal
public
redundancy
super
termination
title
Appendix D—Standard modern award clauses
1.
Title
This award is the "Enter Industry Name" Award 2010.
2.
Commencement date
This award commences on 1 January 2010.
3.
Definitions and interpretation
3.1
In this award, unless the contrary intention appears:
Act means the Workplace Relations Act 1996 (Cth)
Commission means the Australian Industrial Relations Commission or its
successor
employee has the meaning in the Act
employer has the meaning in the Act
enterprise award has the meaning in the Act
NAPSA means notional agreement preserving a State award and has the
meaning in the Act
NES means National Employment Standards
standard rate means the minimum wage for a "insert key classification" in
clause "insert cross-reference to classification"
"insert industry specific definitions in alphabetical order"
3.2
Where this award refers to a condition of employment provided for in the
NES, the NES definition applies.
4.
Coverage
4.1
This industry award covers employers throughout Australia in the "insert
industry name or description" and their employees in the classifications listed
in clause "insert cross-reference to classifications clause" to the exclusion of
any other modern award. The award does not cover employers in the following
industries:
"insert any exclusions"
25
4.2
The award does not cover an employee excluded from award coverage by the
Act.
4.3
The award does not cover an employer bound by an enterprise award with
respect to any employee who is covered by the enterprise award.
4.4
Where an employer is covered by more than one award, an employee of that
employer is covered by the award classification which is most appropriate to
the work performed by the employee and to the environment in which the
employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award
it is possible that the employer and that employee are covered by an award
with occupational coverage.
5.
Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all
employees to whom they apply either on a noticeboard which is conveniently located at
or near the workplace or through electronic means, whichever makes them more
accessible.
6.
The National Employment Standards and this award
The NES and this award contain the minimum conditions of employment for
employees covered by this award.
7.
Award flexibility
7.1
Notwithstanding any other provision of this award, an employer and an
individual employee may agree to vary the application of certain terms of this
award to meet the genuine individual needs of the employer and the individual
employee. The terms the employer and the individual employee may agree to
vary the application of are those concerning:
7.2
26
(a)
arrangements for when work is performed;
(b)
overtime rates;
(c)
penalty rates;
(d)
allowances; and
(e)
leave loading.
The employer and the individual employee must have genuinely made the
agreement without coercion or duress.
7.3
7.4
7.5
The agreement between the employer and the individual employee must:
(a)
be confined to a variation in the application of one or more of the terms
listed in clause 7.1; and
(b)
not disadvantage the individual employee in relation to the individual
employee’s terms and conditions of employment.
For the purposes of clause 7.3(b) the agreement will be taken not to
disadvantage the individual employee in relation to the individual employee’s
terms and conditions of employment if:
(a)
the agreement does not result, on balance, in a reduction in the overall
terms and conditions of employment of the individual employee under
this award and any applicable agreement made under the Act, as those
instruments applied as at the date the agreement commences to operate;
and
(b)
the agreement does not result in a reduction in the terms and conditions
of employment of the individual employee under any other relevant laws
of the Commonwealth or any relevant laws of a State or Territory.
The agreement between the employer and the individual employee must also:
(a)
be in writing, name the parties to the agreement and be signed by the
employer and the individual employee and, if the employee is under 18
years of age, the employee’s parent or guardian;
(b)
state each term of this award that the employer and the individual
employee have agreed to vary;
(c)
detail how the application of each term has been varied by agreement
between the employer and the individual employee;
(d)
detail how the agreement does not disadvantage the individual employee
in relation to the individual employee’s terms and conditions of
employment; and
(e)
state the date the agreement commences to operate.
7.6
The employer must give the individual employee a copy of the agreement and
keep the agreement as a time and wages record.
7.7
An employer seeking to enter into an agreement must provide a written
proposal to the employee. Where the employee’s understanding of written
English is limited the employer must take measures, including translation into
an appropriate language, to ensure the employee understands the proposal.
7.8
The agreement may be terminated:
(a)
by the employer or the individual employee giving four weeks’ notice of
termination, in writing, to the other party and the agreement ceasing to
operate at the end of the notice period; or
27
(b)
at any time, by written agreement between the employer and the
individual employee.
7.9
The right to make an agreement pursuant to this clause is in addition to, and is
not intended to otherwise affect, any provision for an agreement between an
employer and an individual employee contained in any other term of this
award.
8.
Consultation regarding major workplace change
8.1
Employer to notify
8.2
28
(a)
Where an employer has made a definite decision to introduce major
changes in production, program, organisation, structure or technology
that are likely to have significant effects on employees, the employer
must notify the employees who may be affected by the proposed changes
and their representatives, if any.
(b)
Significant effects include termination of employment; major changes in
the composition, operation or size of the employer’s workforce or in the
skills required; the elimination or diminution of job opportunities,
promotion opportunities or job tenure; the alteration of hours of work;
the need for retraining or transfer of employees to other work or
locations; and the restructuring of jobs. Provided that where this award
makes provision for alteration of any of these matters an alteration is
deemed not to have significant effect.
Employer to discuss change
(a)
The employer must discuss with the employees affected and their
representatives, if any, the introduction of the changes referred to in
clause 8.1, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on
employees and must give prompt consideration to matters raised by the
employees and/or their representatives in relation to the changes.
(b)
The discussions must commence as early as practicable after a definite
decision has been made by the employer to make the changes referred to
in clause 8.1.
(c)
For the purposes of such discussion, the employer must provide in
writing to the employees concerned and their representatives, if any, all
relevant information about the changes including the nature of the
changes proposed, the expected effects of the changes on employees and
any other matters likely to affect employees provided that no employer is
required to disclose confidential information the disclosure of which
would be contrary to the employer’s interests.
9.
Dispute resolution
9.1
In the event of a dispute about a matter under this award, or a dispute in
relation to the NES, in the first instance the parties must attempt to resolve the
matter at the workplace by discussions between the employee or employees
concerned and the relevant supervisor. If such discussions do not resolve the
dispute, the parties will endeavour to resolve the dispute in a timely manner by
discussions between the employee or employees concerned and more senior
levels of management as appropriate.
9.2
If a dispute about a matter arising under this award or a dispute in relation to
the NES is unable to be resolved at the workplace, and all appropriate steps
under clause 9.1 have been taken, a party to the dispute may refer the dispute
to the Commission.
9.3
The parties may agree on the process to be utilised by the Commission
including mediation, conciliation and consent arbitration.
9.4
Where the matter in dispute remains unresolved, the Commission may exercise
any method of dispute resolution permitted by the Act that it considers
appropriate to ensure the settlement of the dispute.
9.5
An employer or employee may appoint another person, organisation or
association to accompany and/or represent them for the purposes of this clause.
9.6
While the dispute resolution procedure is being conducted, work must
continue in accordance with this award and the Act. Subject to applicable
occupational health and safety legislation, an employee must not unreasonably
fail to comply with a direction by the employer to perform work, whether at
the same or another workplace, that is safe and appropriate for the employee to
perform.
11.
Termination of employment
11.1
Notice of termination is provided for in the NES.
11.2
Notice of termination by an employee
The notice of termination required to be given by an employee is the same as
that required of an employer except that there is no requirement on the
employee to give additional notice based on the age of the employee
concerned. If an employee fails to give the required notice the employer may
withhold from any monies due to the employee on termination under this
award or the NES, an amount not exceeding the amount the employee would
have been paid under this award in respect of the period of notice required by
this clause less any period of notice actually given by the employee.
11.3
Job search entitlement
Where an employer has given notice of termination to an employee, an
employee must be allowed up to one day’s time off without loss of pay for the
purpose of seeking other employment. The time off is to be taken at times that
are convenient to the employee after consultation with the employer.
29
12.
Redundancy
12.1
Redundancy pay is provided for in the NES.
12.2
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 instead of an amount equal to the
difference between the former ordinary time rate of pay and the ordinary time
rate of pay for the number of weeks of notice still owing.
12.3
Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may
terminate their employment during the period of notice. The employee is
entitled to receive the benefits and payments they would have received under
this clause had they remained in employment until the expiry of the notice, but
is not entitled to payment instead of notice.
12.4
12.5
Job search entitlement
(a)
An employee given notice of termination in circumstances of
redundancy must 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.
(b)
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 must, at the request of the employer, produce proof of
attendance at an interview or they will not be entitled to payment for the
time absent. For this purpose a statutory declaration is sufficient.
(c)
This entitlement applies instead of clause 11.3 OR "insert crossreference to Job search entitlement clause in Termination clause".
Transitional provisions
(a)
30
Subject to clause 12.5(b), an employee whose employment is terminated
by an employer is entitled to redundancy pay in accordance with the
terms of a NAPSA:
(i)
that would have applied to the employee immediately prior to
1 January 2010, if the employee had at that time been in their
current circumstances of employment and no agreement made
under the Act had applied to the employee; and
(ii)
that would have entitled the employee to redundancy pay in excess
of the employee’s entitlement to redundancy pay, if any, under the
NES.
15.
(b)
The employee’s entitlement to redundancy pay under the NAPSA is
limited to the amount of redundancy pay which exceeds the employee’s
entitlement to redundancy pay, if any, under the NES.
(c)
This clause does not operate to diminish an employee’s entitlement to
redundancy pay under any other instrument.
(d)
Clause 12.5 ceases to operate on 31 December 2014.
Allowances
...
15.2
Adjustment of expense related allowances
(a)
At the time of any adjustment to the standard rate, each expense related
allowance will be increased by the relevant adjustment factor. The
relevant adjustment factor for this purpose is the percentage movement
in the applicable index figure most recently published by the Australian
Bureau of Statistics since the allowance was last adjusted.
(b)
The applicable index figure is the index figure published by the
Australian Bureau of Statistics for the Eight Capitals Consumer Price
Index (Cat No. 6401.0), as follows:
Allowance
Applicable Consumer Price Index figure
Meal allowance
Clothing, equipment and tools
allowance
Tools allowance
Take away and fast foods sub-group
Clothing and footwear group
Vehicle/travel allowance
Tools component of the household
appliances, utensils and tools sub-group
Private motoring sub-group
Note: The allowances table above may need to be amended depending
on other allowances within the award
16.
District allowances
16.1
Northern Territory
An employee in the Northern Territory is entitled to payment of a district
allowance in accordance with the terms of an award made under the
Workplace Relations Act 1996 (Cth):
(a)
that would have applied to the employee immediately prior to 1 January
2010, if the employee had at that time been in their current
circumstances of employment and no agreement made under that Act
had applied to the employee; and
(b)
that would have entitled the employee to payment of a district allowance.
31
16.2
Western Australia
An employee in Western Australia is entitled to payment of a district
allowance in accordance with the terms of a NAPSA or an award made under
the Workplace Relations Act 1996 (Cth):
(a)
that would have applied to the employee immediately prior to 1 January
2010, if the employee had at that time been in their current
circumstances of employment and no agreement made under that Act
had applied to the employee; and
(b)
that would have entitled the employee to payment of a district allowance.
16.3
This clause ceases to operate on 31 December 2014.
17.
Accident pay
17.1
Subject to clause 17.2, an employee is entitled to accident pay in accordance
with the terms of:
(a)
a NAPSA that would have applied to the employee immediately prior to
1 January 2010 or an award made under the Workplace Relations Act
1996 (Cth) that would have applied to the employee immediately prior to
27 March 2006, if the employee had at that time been in their current
circumstances of employment and no agreement made under the
Workplace Relations Act 1996 (Cth) had applied to the employee; and
(b)
that would have entitled the employee to accident pay in excess of the
employee’s entitlement to accident pay, if any, under any other
instrument.
17.2
The employee’s entitlement to accident pay under the NAPSA or award is
limited to the amount of accident pay which exceeds the employee’s
entitlement to accident pay, if any, under any other instrument.
17.3
This clause does not operate to diminish an employee’s entitlement to accident
pay under any other instrument.
17.4
This clause ceases to operate on 31 December 2014.
20.
Superannuation
20.1
Superannuation legislation
(a)
32
Superannuation legislation, including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge
Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993
(Cth) and the Superannuation (Resolution of Complaints) Act 1993
(Cth), deals with the superannuation rights and obligations of employers
and employees. Under superannuation legislation individual employees
generally have the opportunity to choose their own superannuation fund.
If an employee does not choose a superannuation fund, any
superannuation fund nominated in the award covering the employee
applies.
(b)
20.2
The rights and obligations in these clauses supplement those in
superannuation legislation.
Employer contributions
An employer must make such superannuation contributions to a
superannuation fund for the benefit of an employee as will avoid the employer
being required to pay the superannuation guarantee charge under
superannuation legislation with respect to that employee.
20.3
20.4
Voluntary employee contributions
(a)
Subject to the governing rules of the relevant superannuation fund, an
employee may, in writing, authorise their employer to pay on behalf of
the employee a specified amount from the post-taxation wages of the
employee into the same superannuation fund as the employer makes the
superannuation contributions provided for in clause 20.2.
(b)
An employee may adjust the amount the employee has authorised their
employer to pay from the wages of the employee from the first of the
month following the giving of three months’ written notice to their
employer.
(c)
The employer must pay the amount authorised under clauses 20.3(a) or
(b) no later than 28 days after the end of the month in which the
deduction authorised under clauses 20.3(a) or (b) was made.
Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to
make the superannuation contributions provided for in clause 20.2 to another
superannuation fund that is chosen by the employee, the employer must make
the superannuation contributions provided for in clause 20.2 and pay the
amount authorised under clauses 20.3(a) or (b) to one of the following
superannuation funds:
20.5
(a)
"insert name of fund(s)"; or
(b)
"insert name of fund(s)"; or
(c)
any superannuation fund to which the employer was making
superannuation contributions for the benefit of its employees before 12
September 2008, provided the superannuation fund is an eligible choice
fund.
Absence from work
Subject to the governing rules of the relevant superannuation fund, the
employer must also make the superannuation contributions provided for in
clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b):
33
(a)
Paid leave—while the employee is on any paid leave;
(b)
Work-related injury or illness—for the period of absence from work
(subject to a maximum of 52 weeks) of the employee due to workrelated injury or work-related illness provided that:
(i)
the employee is receiving workers compensation payments or is
receiving regular payments directly from the employer in
accordance with the statutory requirements; and
(ii)
the employee remains employed by the employer.
Note: This subclause will only apply if there was a pre-existing award
provision to this effect.
24.
Annual leave
Annual leave is provided for in the NES.
25.
Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES.
26.
Community service leave
Community service leave is provided for in the NES.
27.
Public holidays
27.1
Public holidays are provided for in the NES.
...
34
Appendix E—Tips for Keyboard Operators
E.1
Formatting troubleshooting
E.1.1 Pasting Text Options
When pasting any text, use: Edit, Paste Special, Unformatted Text
Another option is to use Ctrl + V and click on the
Match Destination Formatting option.
When pasting text and tables, use: Edit, Paste Special,
Formatted Text, then:

Select the newly pasted text and from the Styles and
Formatting pane

Hover over the Style window

Click the drop-down arrow

Choose Clear Formatting.
E.2
Styles and formatting
E.2.1 Format Painter
To replicate formatting applied elsewhere, use the Format Painter button
Standard toolbar. To do this:
in the

Click on the text with the format you wish to replicate;

Click on the Format Painter button and keep the mouse button depressed;

Go to and select the text to be formatted, release the mouse button.
To use this function repeatedly, double-click on the Format Painter button instead of
one click. Press the Esc key to cancel this function.
E.2.2 Applying Styles
A style can be applied to a paragraph before inserting or pasting text by applying the
style to the ‘empty’ paragraph marker where the text is to be inserted.
35
E.2.3 Rogue Formatting
If, after applying styles, your formatting is not as expected, try one (or all) of the
following steps after selecting the rogue text:

Remove character format: press Ctrl + Spacebar

Remove paragraph formatting: press Ctrl + Q

Apply Normal style
E.2.4 Modifying Styles
Don’t modify existing amod styles through the Styles and Formatting pane—this will
actually create new styles.
If you need to modify a style, use the formatting buttons e.g. Bold, Paragraph.
E.2.5 Updating the Table of Contents
Whenever a change is made to a part, clause or schedule heading, the entire Table of
Contents should be updated. To do this:

Click

Choose Update entire table

Click OK.
Update TOC button on toolbar
When text has been added or deleted causing a change to the pagination of a draft
award (but part, clause and schedule headings have not been changed), the Update
page numbers only option may be selected.
E.2.6 To print your draft award with double-spacing:

Select the entire document (Ctrl + A)

Press Ctrl + 2,

Print the draft (press Ctrl + Z to undo the double-spacing).
36
E.3
Keyboard shortcuts
To apply
AutoText....................................................................
Bold. .........................................................................
Change case ............................................................
Copy ........................................................................
Cut ...........................................................................
Double-space text ....................................................
Em dash — use between numbers and headings ....
En dash – use for ranges e.g. 3–8 employees..........
Find ..........................................................................
Go to (a page number or browse object) ..................
Hyperlink. .................................................................
Italic .........................................................................
Non-breaking space .................................................
Page break ...............................................................
Paste ........................................................................
Redo or Repeat ........................................................
Remove character format .........................................
Remove paragraph formatting ..................................
Replace ....................................................................
Save .........................................................................
Spell Check ..............................................................
Underline..................................................................
Undo ........................................................................
Update fields (for cross-references or table of
contents) ..................................................................
Type shortcut then F3
Ctrl + B
Shift + F3
Ctrl + C
Ctrl + X
Ctrl + 2
Ctrl + Alt + NumLock minus key
Ctrl + NumLock minus key
Ctrl + F
F5
Ctrl + K
Ctrl + I
Ctrl + Shift + Spacebar
Ctrl + Enter
Ctrl + V
F4
Ctrl + Spacebar
Ctrl + Q
Ctrl + H
Ctrl + S
F7
Ctrl + U
Ctrl + Z
F9
Moving the cursor around your document
Top of document ......................................................
End of document ......................................................
Move by one word left or right ..................................
Move by one paragraph up or down .........................
Home
End
Ctrl + left or right arrow
Ctrl + up or down arrow
Selecting text
Select entire document .............................................
Selecting next word ..................................................
Selecting next paragraph..........................................
Selecting vertical text ..............................................
Turn on selection tool ...............................................
Turn off selection tool ...............................................
Ctrl + A
Ctrl + Shift + left or right arrow
Ctrl + Shift + up or down arrow
Alt + click and drag mouse
F8
Esc
Deleting text
Delete to the end of the word or next word ...............
Ctrl + Delete
37