Comparison of the Local Government (State)
Award 2014 with representative federal and state
awards
This research paper has been prepared as a result of Motion 11, carried at the LGNSW Annual Conference 2014.
Table of Contents
Disclaimer ............................................................................................................................. 4
Glossary................................................................................................................................ 5
Executive Summary .............................................................................................................. 6
The legislative and contextual framework of awards ............................................................. 7
Awards in the New South Wales local government context ............................................... 8
Introduction: Coverage .......................................................................................................... 9
Context .............................................................................................................................. 9
Broad coverage of the LG Award....................................................................................... 9
What if the facility is deemed to be a national system employer? .................................... 10
List of comparator awards ............................................................................................... 11
Modern Awards ............................................................................................................ 11
State Awards ............................................................................................................... 11
1. Ordinary Hours................................................................................................................ 13
Ordinary hours under Modern Awards ............................................................................. 13
Ordinary hours under State Awards ................................................................................. 14
Concluding observations ................................................................................................. 14
2. Casuals ........................................................................................................................... 15
Casual employees under Modern Awards ....................................................................... 15
Casual employees under State Awards ........................................................................... 16
Concluding observations ................................................................................................. 16
3. Notice of termination and severance pay (redundancy) ................................................... 17
Notice of termination and severance pay under Modern Awards ..................................... 17
Notice of termination and severance pay under State Awards ......................................... 18
Concluding observations ................................................................................................. 19
4. Leave .............................................................................................................................. 20
Leave under Modern Awards........................................................................................... 20
Personal/Carer’s/Compassionate leave ....................................................................... 20
Annual leave ................................................................................................................ 21
Parental leave (paid and unpaid) ................................................................................. 21
Long service leave ....................................................................................................... 22
Leave under State Awards .............................................................................................. 22
Sick Leave ................................................................................................................... 22
Annual leave ................................................................................................................ 23
Parental leave (paid and unpaid) ................................................................................. 23
Long service leave ....................................................................................................... 24
Concluding observations ................................................................................................. 24
5. Shift Penalties ................................................................................................................. 25
Shift penalties under Modern Awards .............................................................................. 25
Shift penalties under State Awards .................................................................................. 26
Concluding observations ................................................................................................. 26
6. Weekend Penalties ......................................................................................................... 27
Weekend penalties under Modern Awards ...................................................................... 27
Weekend penalties under State Awards .......................................................................... 27
Concluding observations ................................................................................................. 28
7. Overtime ......................................................................................................................... 29
Overtime under Modern Awards ...................................................................................... 29
Overtime under State Awards .......................................................................................... 30
Concluding observations ................................................................................................. 30
8. Wage Rates .................................................................................................................... 31
Approach to analysis ....................................................................................................... 31
9. A Practical Example ........................................................................................................ 33
Employee A (the Labourer) – LG Award and the Building Award ................................. 33
Employee A (the Labourer) – LGIA and LG Award....................................................... 34
Employee A’s gross pay under the LG Award, the Building Award and the LGIA ......... 36
Conclusions ........................................................................................................................ 38
Ordinary hours ............................................................................................................. 38
Casual employees ....................................................................................................... 38
Notice of termination and severance pay (redundancy)................................................ 38
Leave ........................................................................................................................... 38
Shift penalties .............................................................................................................. 39
Weekend penalties ...................................................................................................... 39
Overtime ...................................................................................................................... 39
Wage rates .................................................................................................................. 39
Where to from here? ........................................................................................................... 40
HR Advance ................................................................................................................. 40
LGNSW Learning Solutions ......................................................................................... 40
Annexure A – Ordinary hours .............................................................................................. 45
Annexure B – Casual Employment (minimum engagement and loading) ............................ 49
Annexure C – Notice of Termination and Severance Pay Provisions .................................. 52
Annexure D – Leave provisions .......................................................................................... 59
Personal/Carer’s Leave (including sick leave) ................................................................. 59
Annual leave.................................................................................................................... 62
2
Parental leave (paid and unpaid) ..................................................................................... 67
Long service leave........................................................................................................... 73
Annexure E – Shift Penalties............................................................................................... 77
Annexure F – Weekend Penalty Rates ............................................................................... 83
Annexure G – Overtime Rates ............................................................................................ 87
Annexure H – Rates of Pay ................................................................................................. 90
Appendix A – Selecting the representative state and federal awards .................................. 93
Selecting the representative state awards ....................................................................... 93
Selecting the representative federal awards .................................................................... 93
3
Disclaimer
This document has been produced by Local Government New South Wales (LGNSW) for
the purpose of providing information to members. LGNSW, its officers and employees are
not responsible for the results of any actions taken on the basis of information provided in
this document, nor for any error or omission arising from this document. The material in this
document should not be relied upon as constituting professional advice. It is the
responsibility of the user to make enquires about the correctness of the information found in
this document.
4
Glossary
“FW Act” means the Fair Work Act 2009 (Cth)
“IR Act” means the Industrial Relations Act 1996 (NSW)
“LG Award” means the Local Government (State) Award 2014
“LG Electricians Award” means the Local Government (Electricians) (State) Award
“LGIA” means the Local Government Industry Award 2010
“LGNSW” means Local Government NSW
“LSL” means long service leave
“LSL Act” means the Long Service Leave Act 1955 (NSW)
“NES” means the National Employment Standards provided for in Part 2-2 of the FW Act
5
Executive Summary
LGNSW has prepared a research paper comparing the provisions of the LG Award with
eight (8) state awards and twenty seven (27) federal awards. The award provisions
examined are listed below and the methodology associated with selecting the representative
comparator awards is listed in Appendix A.
Award conditions examined:
●
●
●
●
●
●
●
●
Ordinary hours (daily maximum and span)
Casual employees (minimum engagement and casual loading)
Notice of termination and severance pay (redundancy)
Leave (specifically annual leave, sick leave, long service leave and parental leave)
Shift penalties
Weekend penalties
Overtime
Wage rates
The chapter analysis on each award condition should be read in addition to the
corresponding Annexure (which contains the raw data). Generally, the state awards have
higher wage rates and provide additional benefits such as paid parental leave and in some
cases, earlier access to long service leave. The federal awards have higher shift penalties
and provide additional benefits such as annual leave loading and minimum engagement
periods. The state and federal awards have similar weekend penalty rates and overtime
rates.
Whilst the LG Award has higher entry level wage rates than the federal awards, it has lower
rates than the Crown employees awards***, which cannot cover local government
employees (just as most federal awards cannot) and therefore have not been included in this
analysis.
*** When compared to the:
o Crown Employees (Administrative and Clerical Officers - Salaries) Award 2007;
o Crown Employees (Senior Officers Salaries) Award 2012;
o Crown Employees (General Staff - Salaries) Award 2007; and
o Crown Employees (Research Scientists) Award 2007.
6
The legislative and contextual framework of awards
In Australian employment law, an award is a category of industrial instrument that sets out
the minimum conditions for most workers in the Australian workforce. Awards regulate the
terms of employment for specified categories of workers who fall within the scope of that
award.
Awards have been in place at a Federal level since 1904. Awards cover workers across
multiple employers in a particular sector, industry or occupation and regulate the minimum
conditions of those workers. Awards are made by either a state or federal industrial tribunal
upon application from industrial parties, such as a union or employer group. Once awards
are made, they are legally enforceable.
Determining award coverage of an employee was often difficult due to the coverage of an
industry being split between a number of overlapping and competing federal and state
awards. This issue was alleviated through law reform that commenced in 2005 (detailed
below).
In 2005, the Federal government made amendments to the federal workplace laws, (the
Workchoices amendments), to dramatically increase the scope of their power across the
Australian workforce. These changes sought to cover any employee of a corporation. This
law was challenged unsuccessfully by the State governments in the case of New South
Wales v Commonwealth [2006] HCA 52.
One of the results of the introduction of the ‘Workchoices’ amendments was that most
employees were now covered by the federal system of industrial relations laws. Any state
awards that had previously covered these employees before the transition became classified
as ‘notional agreements preserving State awards’ for a limited transition period before they
expired. From that point, these transitioned employees’ minimum standards would be
covered by an applicable federal instrument or, if there was no such instrument, the
legislation.
Another result of this legislation was that for the first time, some of the minimum standards of
employment were provided directly in statute through five (5) Australian Fair Pay and
Conditions Standards, rather than by award. The law also created a number of restrictions
on the permissible contents of an award to fifteen (15) matters.
Reform into award coverage continued in 2008, when the Federal government abolished
some parts of the previous workplace legislation, in particular most aspects of the
Workchoices amendments. However, the Federal government kept the broadened scope of
the federal legislation in place, and sought to broaden the coverage further with the consent
of the states.
As a result, every state except Western Australia referred their powers to making laws on
industrial relations matters to the Commonwealth, with the exception of State government
agencies and in some cases local government authorities. NSW was one of the states that
did not refer its industrial relations law making powers with respect to local government. As a
7
result, local government in NSW is covered by the state industrial system, including state
system awards.
Another reform that the Federal government introduced was the award modernisation
process. This process involved utilising the federal industrial relations tribunal to consolidate
around fifteen hundred (1500) former federal and state awards into one hundred and twenty
two (122) new federal awards, called modern awards.
Unlike previous awards, the modern awards were formulated by the industrial relations
tribunal with input from interested parties, as opposed to the previous practice of a party
making an application for an award and the tribunal determining that application. As a result
of this process, the difficulties of determining award coverage at a federal level have been
reduced. Minimum conditions of existing federal awards and ‘notional agreements
preserving State awards’ were phased out over a number of years, concluding finally in
2014.
In addition, the Australian Fair Pay and Conditions Standards were abolished and replaced
with the NES. The NES continues the same logic as the Australian Fair Pay and
Conditions Standards by moving the regulation of certain minimum standards to statute
rather than awards (the NES is contained in Part 2.2 of the FW Act). As a result, the
modern awards simply reference the NES while the NES actually regulates entitlements;
including annual leave, personal (sick) leave, unpaid parental leave, notice of termination
and severance pay.
Awards in the New South Wales local government context
The awards in local government in NSW have been predominately state based. Before 1992,
local government employees in NSW were covered by a number of classification based
awards. In 1989, the parties to these various awards signed a Joint Statement of Intent, which
committed these parties to undertaking a restructure of the industry awards, with a particular
focus on rationalising the various award provisions, use of skills in the industry and award
coverage.
Most of the provisions of the various local government awards were consolidated into the
one instrument, the Local Government (State) Award 1992, which came into operation on 8
June 1992.
Major changes included abolishing approximately four hundred (400) classifications from
the various awards to create a skills based structure of fifteen (15) levels over four (4)
bands; incorporating skill related allowances, and the inclusion of a training clause. A
number of other matters such as leave and expenses related allowances were maintained
in the former awards until they too were consolidated in the Local Government (State)
Award 1995.
From this point, almost all employees in local government in NSW are covered by the
successors of the Local Government (State) Award 1992, unless the employee is subject to
the specific exceptions provided for in that award (detailed in later chapters) or a state
enterprise agreement.
8
Subsequently, the local government industrial parties have negotiated the terms of the
successive consolidated local government awards approximately every three (3) to four (4)
years. After negotiations, the local government industrial parties have applied, by consent, to
the New South Wales Industrial Relations Commission for approval of the awards created in
these negotiations.
Introduction: Coverage
Context
This review analysed a number of award conditions under twenty seven (27) modern awards
and nine (9) state awards. The purpose of this analysis is to compare these conditions under
the LG Award with other awards. However, the modern awards examined in this review have
limited applicability to councils. Where a council is not a national system employer, staff
employed at that council will either be covered by a state award, a state enterprise
agreement or be award free.
Broad coverage of the LG Award
Sub-clause 43(ii) of the LG Award defines the local government industry as covering
‘activities undertaken by local government entities, including activities undertaken by
corporations controlled by one or more local government entities’. Sub-clause 43(iii) of the
LG Award lists a number of exemptions to the coverage of the award, where other industrial
instruments cover employees that would otherwise be covered by the award. In addition to
these exemptions, employees covered by an enterprise agreement would also be excluded
from coverage under the LG Award.
Sub-clause 43(iii) states that:
(iii)
This Award does not cover those employers and employees:
(a)
whose positions are determined pursuant to s 332 of the Local Government Act 1993 (NSW) to
be senior staff positions;
(b)
covered by the Local Government (Electricians) State Award;
(c)
covered by the Nursing Home &c Nurses (State) Award;
(d)
covered by the Charitable Sector Aged and Disability Care Services (State) Award 2003;
(e)
covered by the Charitable, Aged and Disability Care Services (State) Award;
(f)
covered by the Miscellaneous Workers Home Care Industry (State) Award;
(g)
employed by The City of Sydney;
(h)
employed by Wollongong City council;
(i)
employed by Broken Hill City council (that being the County of Yancowinna);
(j)
employed by Newcastle City council and covered by the Entertainment and Broadcasting
Industry – Live Theatre and Concert (State) Award;
9
(k)
employed by the Moree Artesian Aquatic Centre and principally engaged in the duties of the
MAAC Ltd Wellness Centre within the premises known as the MAAC Ltd; and
(l)
employed by Newcastle Airport Pty Limited.
What if the facility is deemed to be a national system employer?
Incorporated local government entities (e.g. Ripples Leisure Centre) are considered national
system employers by default under section 14(1) (‘Meaning of National System Employer’)
of the FW Act.
In NSW, for a corporation to be classified as a non-national system employer, the NSW
Minister for Industrial Relations must declare that employer to be a non-national system
employer under section 11A of the IR Act. This declaration must also be endorsed by the
Federal Minister for Employment under section 14(2) of the FW Act. If a corporation is
endorsed as a non-national system employer, then the provisions of the LG Award will apply
(subject to the exceptions in clause 43(iii) and with the exception of employees covered by
an enterprise agreement).
If an entity or corporation is deemed to be a national system employer, the council will be
required to engage employees under the LGIA as opposed to any other modern award (see
clause 4.1 of the LGIA, below), subject to a number of exceptions (see clause 4.3 of the
LGIA, below).
Clause 4.1 of the LGIA states that:
‘This industry award covers employers throughout Australia in the local government
industry and their employees to the exclusion of any other modern award’.
‘Local government industry’ means all activities undertaken by local government
entities, including activities undertaken by corporations controlled by one or more
local government entities. A corporation is controlled by one or more local
government entities if one or more local government entities have the capacity to
determine the outcome of decisions about the corporation’s financial and operating
policies.
Clause 4.3 of the LGIA does however list a number of exemptions to the coverage of the
award, where other industrial instruments would cover employees that would otherwise be
covered by the award. In addition to these exemptions, employees in the federal local
government industry covered by an enterprise agreement would also be excluded from
coverage under the LGIA.
4.3 This award does not cover:
(a)
the chief executive officer of a local government entity, however described;
(b)
nurses engaged in accordance with the Nurses Award 2010;
(c)
doctors engaged in accordance with the Medical Practitioners Award 2010;
(d)
early childhood teachers (university qualified) engaged in under the Educational Services
(Teachers) Award 2010;
(e)
early childhood assistants engaged under the Educational Services (Schools) General Staff
Award 2010; or
10
(f)
local government associations and their employees.
List of comparator awards
Modern Awards
Local government entities that are national system employers are covered by the LGIA, and
must engage employees under this award, unless one of the exemptions set out in clause
4.3 of the LGIA applies (highlighted in green below) or the entity is covered by an enterprise
agreement made under the FW Act.
Aged Care Award 2010
Airport Employees Award 2010
Amusement, Events & Recreation Award 2010
Banking, Finance and Insurance Award 2010
Building & Construction General On-Site Award 2010
Car Parking Award 2010
Cemetery Industry Award 2010
Children’s Services Award 2010
Cleaning Services Award 2010
Clerks – Private Sector Award 2010
Educational Services (Teachers) Award 2010
Fitness Industry Award 2010
Health Professionals & Support Services Award 2010
Horticulture Award 2010
Hospitality Industry (General) Award 2010
Live Performance Award 2010
Local Government Industry Award 2010
Marine Tourism and Charter Vessels Award 2010
Medical Practitioners Award 2010
Nursery Award 2010
Nurses Award 2010
Professional Employees Award 2010
Quarrying Award 2010
SCHC & Disability Services Industry Award 2010
Surveying Award 2010
Waste Management Award 2010
Water Industry Award 2010
State Awards
The awards highlighted in green are listed as exemptions in sub-clause 43(iii) of the LG
Award. The LG Award does not cover those employees who are covered by other state
awards listed in clause 43(iii) and highlighted in green below. In any other instance, local
government entities would be covered by the LG Award (unless an enterprise agreement
applies), subject to the below exemption(s).
11
Charitable, Aged & Disability Care Services (State) Award
Charitable Institutions (Professional Paramedic Staff) (State) Award
Charitable Sector Aged & Disability Care Services (State) Award 2003
Entertainment & Broadcasting Industry – Live Theatre & Concert (State) Award***
Health, Fitness & Indoor Sport Centres (State) Award
Nurses Other Than In Hospitals &c (State) Award 2006
Nursing Homes, &c., Nurses’ (State) Award
Local Government (State) Award 2014
Local Government (Electricians) (State) Award
*** The exception is employees employed by Newcastle City Council who are covered by the
Entertainment & Broadcasting Industry – Live Theatre & Concert (State) Award. These employees are
covered by this award and not the LG Award: see the exception in sub-clause 43(iii)(j) of the LG
Award.
12
1. Ordinary Hours
Ordinary hours have three significant features:
-
The daily maximum;
The span; and
The spread.
An award might provide for a daily maximum of eight (8) hours per day, to be performed
between 6am to 6pm, Monday to Sunday. Hours in excess of eight (8) per day, or hours
performed outside the span or spread, give rise to overtime.
Where an award provides for a shorter daily maximum, this will restrict the number of
ordinary hours an employee can work before becoming entitled to overtime rates. This also
applies in the case of the span of ordinary hours. For example, if a council operates from
6am to 6pm and was covered by an award that provides an 8am to 6pm span, that council
would be subject to shift penalties to account for their extended opening hours. By contrast,
where the award provides for a 6am to 6pm span, the council may be able to avoid paying
overtime rates.
Ordinary hours under Modern Awards
The daily maximum under the twenty seven (27) modern awards generally varies between
7.6 and twelve (12) hours per day. Some of the more restrictive daily maximums are found
in the Car Parking Award 2010 and the Cleaning Services Award 2010. Some of the less
restrictive daily maximums are found in the Airport Employees Award 2010 and the
Children’s Services Award 2010.
There are four (4) modern awards that may cover local government entities:
●
●
●
●
Educational Services (Teachers) Award 2010
Local Government Industry Award 2010
Medical Practitioners Award 2010
Nurses Award 2010
Of the above awards, the most restrictive daily maximum is ten (10) hours under the Nurses
Award 2010. One of the less restrictive daily maximums is ‘nil’ under the Medical
Practitioners Award 2010, however employees must have eight (8) hours off between
successive periods of duty.
The LGIA provides for a daily maximum of ten (10) hours, except where by agreement
between employee and employer, the employee may work up to a maximum of twelve (12)
ordinary hours per day.
Some of the less restrictive spans are in the Fitness Industry Award 2010 and the
Amusement, Events and Recreation Award 2010. In the case of the latter award, however,
which operates continuously, Monday to Sunday, the span is restricted in part by a daily
maximum of eight (8) hours. Some of the more restrictive spans are in the Building and
Construction General On-Site Award 2010 (which operates between 7am to 6pm, Monday to
13
Friday) and the Quarrying Award 2010 (which operates between 6:30am to 6pm, Monday to
Friday)
Of the four (4) modern awards that incorporated local government entities may have
coverage under, all provide for a 6am to 6pm Monday to Friday span, with the LGIA also
providing for a Monday to Sunday span depending on the employee’s function. The
exception is the Educational Services (Teachers) Award 2010, which allows for the ordinary
hours to be averaged over a period of twelve (12) months due to the function of the
employees engaged under that award.
Ordinary hours under State Awards
The daily maximum under the nine (9) state awards varies between eight (8) hours and
twelve (12) hours per day. Some of the more restrictive daily maximums are found in the
Nurses Other Than In Hospitals &c (State) Award 2006 and the Health, Fitness & Indoor
Sport Centres (State) Award (the latter only in the case of casual employees). Some of the
less restrictive daily maximums are found in the LG Award and the LG Electricians Award.
Of the nine (9) state awards examined, there are four (4) that local government entities could
engage employees under, unless an enterprise agreement or one of the other exemptions
discussed in the introductory chapters of this paper applies. In any other instance, local
government entities would be covered by the LG Award.
●
●
●
●
●
Charitable, Aged & Disability Care Services (State) Award
Charitable Sector Aged & Disability Care Services (State) Award 2003
Nursing Homes, &c., Nurses’ (State) Award
Local Government (State) Award 2014
Local Government (Electricians) (State) Award
Of the above five (5) state awards, the Charitable and Nursing Homes Awards have ten (10)
hour daily maximums. The LG Award and LG Electricians Award have less restrictive twelve
(12) hour daily maximums.
In terms of spans, the Charitable Awards are more restrictive and provide a shift start time
(on or after 6am or 10:30am, Monday to Friday). The Entertainment & Broadcasting Industry
– Live Theatre & Concert (State) Award is less restrictive and provides a 7am to midnight,
Monday to Sunday, span.
Of the above listed five (5) state awards, the LG Award has the least restrictive span,
providing that ordinary hours can be performed between 6am to 6pm, Monday to Sunday, in
all but a few functions.
Concluding observations
Both the LG Award and LGIA have less restrictive daily maximums (the LG Award being
slightly less restrictive). The spans for ordinary hours are generally more restrictive under
state awards than modern awards. Of the state awards, the LG Award is generally less
restrictive.
14
2. Casuals
Casual employees have distinct employment conditions which are usually set out in awards.
One feature is the ‘minimum engagement’ period. This is the minimum period (if any) for
which an employer must engage an employee or pay the employee if they are required for
less than the minimum period. For example, an award might include a minimum engagement
period of three (3) hours. This is the minimum period for which a casual employee can be
engaged; if the employer requires the casual employee for less than three (3) hours, the
employee must still be paid for three (3) hours.
The second significant feature is a casual loading, which is paid to employees instead of the
increments of leave that such employees would accrue as permanent employees. Some
awards provide that the casual loading includes all paid leave under the award and, in the
case of the LG Award, the loading also includes severance pay.
Casual employees under Modern Awards
The minimum engagement period under the twenty seven (27) modern awards varied
between ‘nil’ and four (4) hours. Modern awards with no minimum engagement include the
Airport Employees Award 2010 and the LGIA. Awards with the longer minimum engagement
periods include the Building and Construction General On-Site Award 2010 and the Waste
Management Award 2010.
There are four (4) modern awards that may cover local government entities:
●
●
●
●
Educational Services (Teachers) Award 2010
Local Government Industry Award 2010
Medical Practitioners Award 2010
Nurses Award 2010
Of the above four (4) modern awards, the Educational Services (Teachers) Award 2010 has
the longest minimum engagement period; ½ day in schools and ¼ day in early childhood.
Both the LGIA and the Medical Practitioners Award 2010 have no minimum engagement for
casuals.
Under the modern awards, casual loading either includes severance pay or does not include
severance pay (or is silent on whether severance pay is included, in which case, a real
question arises as to whether a casual employee is entitled to an additional payment upon
termination of their employment).
Modern awards that include severance pay include the Building and Construction General
On-Site Award 2010 and the Car Parking Award 2010. The Fitness Industry Award 2010 and
the Cleaning Services Award 2010 do not specify what is included in the casual loading
under those awards.
Of the four (4) modern awards that cover local government entities, only the LGIA specifies
that ‘casual loading includes entitlements to leave and other matters from which casuals are
excluded by the NES’. The remaining three (3) modern awards are silent on the issue.
15
Casual employees under State Awards
The minimum engagement under the nine (9) state awards varies between ‘nil’ and four (4)
hours for casuals.
Of the nine (9) state awards examined, there are four (4) that local government entities could
engage employees under, unless an enterprise agreement or one of the other exemptions
discussed in the introductory chapters of this paper applies. In any other instance, local
government entities would be covered by the LG Award.
●
●
●
●
●
Charitable, Aged & Disability Care Services (State) Award
Charitable Sector Aged & Disability Care Services (State) Award 2003
Nursing Homes, &c., Nurses’ (State) Award
Local Government (State) Award 2014
Local Government (Electricians) (State) Award
Of the above five (5) state awards, only the LG Award and the LG Electricians Award have a
nil minimum engagement period for casual employees; the remaining three (3) have a
minimum engagement period of between one (1) and four (4) hours.
Under eight (8) of the nine (9) state awards, casual loading also includes severance pay (the
exception is the LG Electricians Award). In specifying that ‘no severance is payable on
termination’ or ‘that casual loading includes severance’, eight (8) of the nine (9) state awards
overcome the question of whether severance is payable upon termination of a casual
employee where the award is silent on the issue.
Concluding observations
The minimum engagement period (where applicable) varies between one (1) and four (4)
hours under both the modern awards and state awards considered. Both the LGIA and LG
Award have a ‘nil’ minimum engagement period.
Less than half of the modern awards include severance pay in their casual loading. Casual
loading under eight (8) of the nine (9) state awards including severance pay (the exception is
the LG Electricians Award).
16
3. Notice of termination and severance pay (redundancy)
Following the decision in the Termination Change and Redundancy Case (1984) 9 IR 115,
modern awards now prescribe minimum redundancy entitlements. Section 117 of the FW
Act reflects the outcome of the Termination Change and Redundancy Case and provides a
minimum notice period for all national system employees. Section 759 of the FW Act
extends this minimum standard to non-national system employees. Most awards also
provide for payment in lieu of notice where the employee is not required to work the notice
period.
Notice of termination and severance pay under Modern Awards
Under the twenty seven (27) modern awards, the minimum notice of termination
requirements are contained in the NES. The NES provides that an employer must give the
following minimum notice periods when dismissing an employee:
Period of continuous service
Less than 1 year
1-3 years
3-5 years
over 5 years
Minimum notice period
1 week
2 weeks
3 weeks
4 weeks
*An employee is entitled to an extra week of notice if they are over forty five (45) years old and have
two (2) years of service.
There are four (4) modern awards that may cover local government entities:
●
●
●
●
Educational Services (Teachers) Award 2010
Local Government Industry Award 2010
Medical Practitioners Award 2010
Nurses Award 2010
The NES applies to the above four (4) modern awards. The Educational Services (Teachers)
Award 2010 extends upon the NES to provide notice of termination equivalent to seven (7)
school term weeks’ notice for school teachers and four (4) preschool term weeks’ notice for
non-school teachers.
Under the twenty seven (27) modern awards, the severance pay requirements are also
contained in the NES. The NES contains the following table:
Employee’s period of continuous service with the employer on termination
Severance pay period
At least 1 year but less than 2 years
At least 2 years but less than 3 years
At least 3 years but less than 4 years
At least 4 years but less than 5 years
At least 5 years but less than 6 years
At least 6 years but less than 7 years
At least 7 years but less than 8 years
At least 8 years but less than 9 years
At least 9 years but less than 10 years
At least 10 years
4 weeks
6 weeks
7 weeks
8 weeks
10 weeks
11 weeks
13 weeks
14 weeks
16 weeks
12 weeks
17
Unlike the other modern awards, the Building and Construction General On-Site Award 2010
has an industry-specific severance pay scheme. This award contains the following
severance pay table:
Period of continuous service with an employer Severance pay
2.4 weeks’ pay plus for all service in excess
of 1 year, 1.75 hours pay per completed
1 year or more but less than 2 years
week of service up to a maximum of 4.8
weeks’ pay
4.8 weeks’ pay plus, for all service in excess
of 2 years, 1.6 hours pay per completed
2 years or more but less than 3 years
week of service up to a maximum of 7
weeks’ pay
7 weeks’ pay plus, for all service in excess of
3 years or more than but less than 4 years
3 years, 0.73 hours pay per completed week
of service up to a maximum of 8 weeks’ pay
4 years or more
8 weeks’ pay
*Provided that an employee employed for less than twelve (12) months will be entitled to severance
pay of 1.75 hours per week of service if, and only if, redundancy is occasioned otherwise than by the
employee.
Notice of termination and severance pay under State Awards
The nine (9) state awards have notice of termination requirements similar to those in the
NES, with the exception of the LG Award. The LG Award provides a minimum of two (2)
weeks’ notice for employees with less than two (2) years’ service and also provides an
additional week of notice for employees who have been engaged by council for five (5) years
or more (five (5) rather than four (4) weeks). However, the LG Award does not provide an
additional week of notice for employees aged forty five (45) years or over (as does the NES).
Of the nine (9) state awards examined, there are four (4) that local government entities could
engage employees under, unless an enterprise agreement or one of the other exemptions
discussed in the introductory chapters of this paper applies. In any other instance, local
government entities would be covered by the LG Award.
●
●
●
●
●
Charitable, Aged & Disability Care Services (State) Award
Charitable Sector Aged & Disability Care Services (State) Award 2003
Nursing Homes, &c., Nurses’ (State) Award
Local Government (State) Award 2014
Local Government (Electricians) (State) Award
Of the above five (5) state awards, all except the LG Award have notice of termination
provisions similar to those found in the NES. There are some other minor differences, for
example, the Charitable Awards also provide that Grade four (4) and five (5) Care Service
employees are entitled to four (4) weeks of notice (regardless of their period of continuous
service).
18
Seven (7) of the nine (9) awards prescribe sixteen (16) weeks of severance pay if the
employee has six (6) years of service with the employer (twenty (20) weeks if the employee
is forty five (45) years of age or older). The remaining two (2) awards (the LG Award and the
LG Electricians Award) are discussed below. These provisions are in contrast to the modern
awards, in which the NES provides that if an employee has been engaged for six (6) years
but less than seven (7) years, they are entitled to eleven (11) weeks, and only where the
employee has a minimum of ten (10) years of service, will they receive the maximum twelve
(12) weeks severance pay.
The severance pay provisions of the LG Award are extracted below. Once an employee has
completed ten (10) years of service with a council, they are entitled to thirty four (34) weeks
severance pay. An employee with equivalent service would receive twelve (12) weeks pay
after ten (10) years of service under the LGIA.
Similarly, an employee engaged for six (6) years but less than seven (7) is entitled to twenty
two (22) weeks severance pay under the LG Award. Under the LGIA, an employee with
equivalent service would receive eleven (11) weeks.
Completed years of service
Less than 1 year
Entitlement
Nil
1 year and less than 2 years
5 weeks pay
2 years and less than 3 years
9 weeks pay
3 years and less than 4 years
13 weeks pay
4 years and less than 5 years
16 weeks pay
5 years and less than 6 years
19 weeks pay
6 years and less than 7 years
22 weeks pay
7 years and less than 8 years
25 weeks pay
8 years and less than 9 years
28 weeks pay
9 years and less than 10 years
31 weeks pay
10 years and thereafter
34 weeks pay
The LG Electricians Award provides that an employee who has completed six (6) years but
less than seven (7) years of service is entitled to sixteen (16) weeks of severance pay.
Employees are then entitled to an additional two (2) weeks of pay for each year of service in
excess of seven (7) years, up to ten (10) additional weeks of pay. This is more than the
maximum twelve (12) weeks that can be received under the NES and the sixteen (16) weeks
that can be received for employees less than forty five (45) years of age under the state
Charitable Awards.
Concluding observations
Notice of termination is similar under the state and modern awards. Some state awards vary
slightly from the NES and supplement the NES with additional notice. Severance pay varies
between nil and twelve (12) weeks and the modern awards and nil and thirty four (34) weeks
under the state awards, depending on service.
19
4. Leave
Industry awards provide for the leave entitlements of employees.
Leave can be grouped into four (4) major categories:
●
●
●
●
Sick leave (state awards) or Personal/Carer’s/Compassionate leave (modern
awards);
Annual leave (which may include leave loading);
Parental leave (both paid and unpaid); and
LSL.
Some awards also provide additional leave entitlements. For example, the NES provides
that employees (including casuals) are entitled to community service leave to attend certain
activities such as a ‘voluntary emergency management activity’ or to attend jury service.
Modern awards do not limit the amount of community service leave an employee can take;
the absence must be ‘reasonable’ in the circumstances (jury service is taken to always be
reasonable). This leave is unpaid, except in relation to jury service where an employee
(other than a casual) is entitled to make-up pay for the first ten (10) days that the employee
is absent.
Under the LG Award, union members receive paid time off for union picnic day and union
training, and union delegates are also granted paid leave to attend the annual conference.
Employees who are Aboriginal and Torres Straight Islanders are entitled to one (1) paid day
off during NAIDOC week.
Leave under Modern Awards
There are four (4) modern awards that may cover local government entities:
●
●
●
●
Educational Services (Teachers) Award 2010
Local Government Industry Award 2010
Medical Practitioners Award 2010
Nurses Award 2010
Personal/Carer’s/Compassionate leave
Under the twenty seven (27) modern awards, personal/carer’s/compassionate leave is as
per the NES. The NES provides that employees (other than casuals) are entitled to ten (10)
paid days off per year which can be used for the following:
●
●
●
Personal illness or injury (sick leave);
To care for an ill or injured family member (carer’s leave); and
Up to two (2) days can be used where there is a death/life-threatening incident in the
family (compassionate leave).
This leave accrues progressively from year to year. The modern awards do not supplement
the NES, with the exception of the Clerks – Private Sector Award 2010, which provides that
casual employees are entitled to be unavailable to work to care for a person who is sick.
Leave is unpaid and for a maximum of forty eight (48) hours.
20
Annual leave
Under the NES, an employee (other than a casual employee) is entitled to four (4) weeks of
paid annual leave for each year of service. An employee classified as a shiftworker is
entitled to an additional week of leave. Certain modern awards supplement the NES and
provide additional annual leave. For instance, under the Airport Employees Award 2010,
employees are entitled to additional leave if they are placed at a remote location i.e.
employees based at Tennant Creek receive an additional seven (7) days leave.
Of the four (4) modern awards that cover local government entities, all provide four (4)
weeks of annual leave (five (5) for shiftworkers). The Medical Practitioners Award 2010
supplements the NES and provides that medical practitioners who are required to work
weekend shifts are entitled to another additional week of annual leave.
All twenty seven (27) modern awards include 17.5% annual leave loading. In the case of the
four (4) modern awards that may cover local government entities, the Medical Practitioners
Award 2010 and the Nurses Award 2010 also provide that shiftworkers will be paid the
highest of 17.5% or the weekend shift penalties the employee would have received had they
not been on leave during the relevant period. Clause 25.4 of the LGIA caps annual leave
loading to 70% of the minimum weekly rate for Level eleven (11) employees.
Parental leave (paid and unpaid)
Under the Federal Government’s Paid Parental Leave Scheme (‘the PPL scheme’), eligible
employees receive eighteen (18) weeks of leave paid at the national minimum wage. These
payments are made to the employer first, who then pays them to the employee. The
payments can be paid before, after or at the same time as other entitlements such as annual
leave and long service leave. The PPL scheme currently does not affect paid parental leave
from an employer. None of the modern awards examined provide paid parental leave above
what is already provided under the PPL scheme.
Under the modern awards, unpaid parental leave entitlements are as per the NES. The NES
sets out the following entitlements:
●
Parental leave
o Twelve (12) months of unpaid parental leave provided the employee has
completed twelve (12) months of continuous service.
o An employee taking twelve (12) months parental leave may request an
extension of a further twelve (12) months leave (up to twenty four (24) months
in total).
●
Adoption leave
o Employees who are taking parental leave to care for an adopted child are
also entitled to two (2) days unpaid pre-adoption leave to attend relevant
interviews or examinations.
●
Special maternity leave
o An eligible employee is entitled to special maternity leave if they are unfit for
work due to a pregnancy-related illness or if the pregnancy ends, not in the
birth of a living child.
21
●
A safe job and no safe job leave
o A pregnant employee is entitled to be a transferred to an ‘appropriate safe
job’. If there is no appropriate safe job available, the employee is entitled to
take paid ‘no safe job leave’ for the entirety of the risk period, and to be paid
at their base rate of pay.
●
A right to return to old job
o An employee is entitled to return to their pre-parental leave position, or if that
position no longer exists, to a position for which they are qualified and is
nearest in status and pay to their pre-parental leave position.
Long service leave
Under the modern awards, an employee is entitled to two (2) months (8.67 weeks) of paid
leave (to be paid at their ordinary weekly wage) after they have been working for the same
employer for ten (10) years. These entitlements are set out in the LSL Act. The LSL Act also
provides for a pro-rata entitlement after five (5) years if the employee resigns as a result of
illness, incapacity or domestic or other pressing necessity, or if an employee’s services have
been terminated by the employer for any reason other than serious and wilful misconduct, or
if the employee dies. If an employee ceases employment before five (5) years of service
there is no entitlement for LSL.
Leave under State Awards
Of the nine (9) state awards examined, there are four (4) that local government entities could
engage employees under, unless an enterprise agreement or one of the other exemptions
discussed in the introductory chapters of this paper applies. In any other instance, local
government entities would be covered by the LG Award.
●
●
●
●
●
Charitable, Aged & Disability Care Services (State) Award
Charitable Sector Aged & Disability Care Services (State) Award 2003
Nursing Homes, &c., Nurses’ (State) Award
Local Government (State) Award 2014
Local Government (Electricians) (State) Award
Sick Leave
Under the state awards, sick leave entitlements vary between five (5) days and three (3)
weeks per year of service. Awards the provide less leave are the Health, Fitness and Indoor
Sport Centres (State) Award (five (5) days during the first year of service, eight (8) days
during the second year of service, and ten (10) days during the third and subsequent years
of service) and the Nurses Other Than In Hospitals &c (State) Award 2006 (forty (40) hours
during the first year of service and sixty four (64) hours during the second and subsequent
years of service).
Awards that provide more leave are the LG Award and the LG Electricians Award (both three
(3) weeks for each year of service). This is, on average, five (5) days per calendar year more
than is provided under the modern awards. However, it is important to consider what is
22
included in these fifteen (15) sick days per year. Under the LG Award, carer’s leave,
emergency services leave, and health and wellbeing leave must all be deducted from an
employee’s sick leave entitlement.
Annual leave
Under the state awards, four (4) weeks of annual leave is provided, consistent with the
Annual Holidays Act 1944 (NSW). The Charitable and Nursing Awards provide
employees who work their ordinary hours on Sundays and/or public holidays with
additional leave, varying between one (1) and five (5) days per year, depending on how
many weekend/public holiday shifts the employee is required to work. The LG Award
provides an additional five (5) days of annual leave to employees who are regularly
required to work a seven (7) day a week rotating roster system.
The modern awards differ from the LG Award in relation to annual leave loading. The LG
Award does not include annual leave loading, as it was incorporated into award rates of pay
in 1995. The other eight (8) state awards include similar provisions to those in the modern
awards i.e. employers are required to pay 17.5% loading on top of employees’ ordinary pay
whilst employees are on leave, or, in the case of shift workers, the highest of 17.5% or the
weekend shift penalties the employee would have received had they not been on leave
during the relevant period.
Parental leave (paid and unpaid)
Some of the state awards provide additional paid parental leave entitlements to those
provided under the Federal Government’s PPL scheme. Of the five (5) state awards that
local government entities could engage employees under, the Charitable Awards and the LG
Award provide additional entitlements to those provided under the PPL scheme.
The Charitable Awards provide eligible employees with an additional nine (9) weeks of paid
maternity leave; one (1) week of paid paternity leave; and three (3) weeks of paid adoption
leave. The LG Award provides eligible employees with the option of eighteen (18) weeks of
‘make up’ pay (which covers the gap between PPL instalments and the employee’s ordinary
pay) or nine (9) weeks paid maternity leave (eighteen (18) weeks at half pay); plus two (2)
days of paid pre-adoption leave; and nine (9) weeks (eighteen (18) weeks at half pay) of
adoption leave for children aged under five (5) years and four (4) weeks (eight (8) weeks at
half pay) for children aged between five and sixteen (5-16) years. Parents are also entitled to
two (2) weeks of concurrent parental leave, which is to be deducted from the employee’s
sick leave entitlement.
Under the state awards, unpaid parental leave is as per the NES. This is due to section 744
of the FW Act, which extends those provisions of the federal FW Act to non-national system
employers and employees.
The IR Act also provides for unpaid parental leave. Eligible employees have access to fifty
two (52) weeks of unpaid parental leave (birth or adoption), special maternity leave, special
adoption leave and the right to transfer to a safe job. In the case of any inconsistency in the
parental leave entitlements set out in the FW Act and IR Act, the federal FW Act will prevail
over the state IR Act.
23
Long service leave
Under the nine (9) state awards, LSL varies. The Charitable Institutions (Professional
Paramedic Staff) (State) Award, the Entertainment & Broadcasting Industry – Live Theatre &
Concert (State) Award, the Health, Fitness & Indoor Sport Centres (State) Award and the
Nurses Other Than In Hospitals &c (State) Award 2006 are all as per the LSL Act, as is the
case with the modern awards. Under these state awards, an employee is entitled to two (2)
months (8.67 weeks) of paid leave (to be paid at their ordinary weekly wage) after they have
been working for the same employer for ten (10) years.
The five (5) state awards that local government entities could engage employees under
provide their own LSL provisions. Those found in the Charitable Awards and the Nursing
Home &c Nurses (State) Award are similar to the LSL Act. The LG Award and the LG
Electricians Award provide more generous LSL provisions. In the case of the LG Award, an
employee is entitled to LSL after five (5) years of service with a council (as opposed to ten
(10) years under the modern awards). The entitlement after five (5) years is six point five
(6.5) weeks; after ten (10) years it is thirteen (13) weeks (compared to 8.67 weeks under the
modern awards). The LG Electricians Award also provides for thirteen (13) weeks of LSL
after ten (10) years of service, however unlike the LG State Award, there is no entitlement to
LSL at the five (5) year mark.
Concluding observations
Sick leave/personal leave entitlements vary between ten (10) days under the modern awards
and fifteen (15) days under the LG Award per year of service. The quantity of annual leave
under the modern and state awards is similar. Unpaid parental leave entitlements are similar
under both the modern and state awards. The state awards provide paid parental leave
entitlements in addition to the PPL scheme. The modern and state awards are similar in their
LSL entitlements. The exceptions are the LG Award and the LG Electricians Award. Both of
these awards provide a higher rate than the LSL Act, and the former also providing access
to LSL after five (5) years of service – compared to ten (10) under the modern awards and
other state awards.
24
5. Shift Penalties
A shift penalty may be payable if an employee is required to work within a prescribed shift
time (i.e. between 7pm and midnight) or where an employee is required to work outside the
span of ordinary hours (i.e. outside 6am to 6pm).
Shift penalties under Modern Awards
Under the twenty seven (27) modern awards considered, shift penalties generally vary
between 10% and 50%.
Some of the lower shift penalties are found in the Aged Care Award 2010 (10% for a shift
commencing between 10am-1pm) and the Children’s Services Award 2010 (10% for a shift
commencing between 5am and 6am). Some of the higher shift penalties are found in the
Building and Construction General On-site Award 2010 (50% for a shift commencing
between 1pm and 3pm, if the employee is employed continuously for five (5) shifts Monday
to Friday) and the Water Industry Award 2010 (30% for a shift finishing between midnight
and 8am).
Of the twenty seven (27) modern awards considered, six (6) do not make provision for shift
penalties, with the result that any hours worked outside the span of ordinary hours are
considered overtime. Overtime is paid at a higher rate than a shift penalty and can also be
reasonably refused by employees.
Almost all modern awards base the shift penalty on the employee’s entire shift, rather than
the hours worked outside the span of ordinary hours. For example, under the Building and
Construction General On-site Award 2010, the ordinary hours span between 7am and 6pm.
If an employee starts work at 1:30pm and finishes at 6:30pm, rather than being paid the shift
penalty for the time actually worked outside the span of ordinary hours (i.e. thirty (30)
minutes), the shift penalty is paid for the employee’s entire shift (i.e. five (5) hours). The
exception is LGIA (discussed below).
There are four (4) modern awards that may cover local government entities:
●
●
●
●
Educational Services (Teachers) Award 2010
Local Government Industry Award 2010
Medical Practitioners Award 2010
Nurses Award 2010
Of the above four (4) modern awards, the lowest shift penalty is found in the Nurses Award
2010 (12.5% for any weekday shift commencing on or after 12 noon and finishing after 6pm,
and 15% for any weekday shift commencing on or after 6pm and finishing before 7:30am).
The LGIA has a penalty of 20% for ordinary hours worked outside the span. Shift penalties
under the LGIA are only payable for those hours worked outside span of ordinary hours (in
this award, 6am to 6pm) as opposed to the whole shift. This is in contrast to the other
modern awards that may cover local government entities.
25
Shift penalties under State Awards
Of the nine (9) state awards examined, there are four (4) that local government entities could
engage employees under, unless an enterprise agreement or one of the other exemptions
discussed in the introductory chapters of this paper applies. In any other instance, local
government entities would be covered by the LG Award.
●
●
●
●
●
Charitable, Aged & Disability Care Services (State) Award
Charitable Sector Aged & Disability Care Services (State) Award 2003
Nursing Homes, &c., Nurses’ (State) Award
Local Government (State) Award 2014
Local Government (Electricians) (State) Award
Of the above five (5) state awards, the LG Award has the highest shift penalty. Ordinary
hours worked outside the span of 6am to 6pm will attract a penalty of 20% (for the hours
actually worked outside the span - not the whole shift), except as provided in clause 18C(ii),
which provides for a different spread of hours for some functions. The LG Electricians Award
makes no provision for shift work, with the result that any hours worked outside the span of
ordinary hours will be considered overtime.
Concluding observations
Most modern awards calculate a shift penalty on the entire shift, rather than the hours
worked outside the span of ordinary hours. The LGIA is an exception. Most modern awards
also differentiate between morning, afternoon and night shifts, and apply shift penalties
accordingly. This can make the calculation process quite complex, but generally morning
and afternoon shifts attract a loading of between 10-15% and nights are between 15-30%
(with exceptions on either side).
The state awards provide a more straight forward means of calculating shift penalties. Like
the LGIA, the LG Award only requires the payment of a shift penalty for the ordinary hours
worked outside the span of 6am to 6pm, except where the award provides for a different
spread of hours for some functions.
26
6. Weekend Penalties
A weekend penalty may be payable if an employee is required to work on Saturdays and/or
Sundays. Weekend penalties are usually calculated as a percentage of the employee’s
ordinary hourly rate. For instance, an employee who is required to work on Saturdays is
entitled to their ordinary hourly rate (e.g. $10) plus a loading, in this example 25% (i.e. $2.50)
for each hour worked. Therefore, the Saturday rate of pay for that employee would be
$12.50 per hour.
Weekend penalties are different from shift penalties. A shift penalty will apply if an employee
is required to work within a prescribed shift time (i.e. between 7pm and midnight) or where
an employee is required to work outside the span of ordinary hours (i.e. outside 6am to
6pm). Some awards also prescribe minimum engagement periods for weekend work. For
example, an award might provide for a minimum engagement of four (4) hours for work
performed on Sundays.
Weekend penalties under Modern Awards
Weekend penalty rates are separated into Saturday and Sunday rates. Sunday rates are
generally higher. The Sunday penalty rate under the twenty seven (27) modern awards
varies between 50% and 100% of the employee’s ordinary rate of pay while the Saturday
penalty rate varies between 25% and 100%.
Some of the lower weekend penalty rates are in the Amusement, Events & Recreation
Award 2010 (Saturdays) and the Aged Care Award 2010 (Sundays). Some of the higher
weekend penalty rates are in the Building and Construction General On-site Award 2010
(Saturdays) and the Clerks - Private Sector Award 2010 (Sundays). Overall, the average
Saturday penalty rate is 50% and the average Sunday penalty rate is 100%.
Roughly half of the modern awards also prescribe a minimum engagement of between three
(3) and four (4) hours for Sunday work.
There are four (4) modern awards that may cover local government entities:
●
●
●
●
Educational Services (Teachers) Award 2010
Local Government Industry Award 2010
Medical Practitioners Award 2010
Nurses Award 2010
Of the above four (4) modern awards, only the Educational Services (Teachers) Award 2010
does not prescribe weekend penalty rates. The LGIA has a Saturday penalty rate of 50%
and a Sunday penalty rate of 75%. None have a minimum engagement period for weekend
work (beyond what has been discussed in relation to casual employees).
Weekend penalties under State Awards
Under the state awards, weekend penalty rates vary between ‘nil’ and 100% for Saturdays
and 50% and 100% for Sundays. The Entertainment and Broadcasting Industry – Live
Theatre and Concert (State) Award has a ‘nil’ penalty rate for Saturdays, but has a minimum
engagement of four (4) hours on Sundays paid at 100%. Some of the higher weekend
27
penalty rates are found in the Nurses, Other Than In Hospitals (State) Award 2008 and the
LG Electricians Award.
Of the nine (9) state awards examined, there are four (4) that local government entities could
engage employees under unless an enterprise agreement or one of the other exemptions
discussed in the introductory chapters of this paper applies. In any other instance, local
government entities would be covered by the LG Award.
●
●
●
●
●
Charitable, Aged & Disability Care Services (State) Award
Charitable Sector Aged & Disability Care Services (State) Award 2003
Nursing Homes, &c., Nurses’ (State) Award
Local Government (State) Award 2014
Local Government (Electricians) (State) Award
Of the above five (5) state awards, the LG Electricians Award has the highest Saturday
penalty rate (50% for the first two (2) hours and 100% thereafter) and the LG Award has the
lowest rates (25%, except for employees engaged in the functions listed in clause 18B(ii), in
which case 50%). For Sunday penalty rates, the LG Electricians Award is again the highest
(100%) and the LG Award is again the lowest (50%, except for employees engaged in the
functions listed in clause 18B(ii), in which case 100%).
Concluding observations
The Saturday penalty rate under the twenty seven (27) modern awards varies between 25%
and 100% while the Sunday penalty rate varies between 50% and 100%. Roughly half of the
modern awards also prescribe a minimum engagement of between three (3) and four (4)
hours for Sunday work. Weekend penalty rates under the nine (9) state awards vary
between nil and 100% for Saturdays and 50% and 100% for Sundays. The LG Award has no
minimum engagement period for weekend work.
28
7. Overtime
Overtime is payable where an employee works ‘extra time’. It can include work done in a
number of circumstances:
●
Overtime is payable where an employee is required to work beyond their ordinary
hours of work i.e. where the ordinary hours of work are thirty eight (38) hours per
week and the employee is required to work forty (40) hours. In this instance, the
employee would be entitled to overtime for the additional two (2) hours worked that
week.
●
Overtime may be payable where an employee is required to work outside the span of
ordinary hours. Where, for example, the span is 7am to 7pm and the employee is
required to start work before 7am, or finish after 7pm, the employee may be entitled
to overtime for those hours worked outside the span. Some industry awards also
provide for shift penalties, so hours worked outside the spread attract a shift penalty
as opposed to overtime.
●
Overtime is payable where an employee is required to work more than their agreed
hours of work. For instance, where it is agreed that a part time employee will work
fifteen (15) hours per week, and the employer directs the employee to work twenty
(20) hours, overtime is payable for the additional five (5) hours worked that week
(subject to any other relevant award condition or agreement as to payment for
additional hours).
Following the Working Hours Case (2002) 114 IR 390, a standard clause was inserted into
modern awards to allow employees to refuse to work overtime where it was ‘unreasonable’.
In determining what is unreasonable, the standard clause refers to the following matters:
●
●
●
●
●
any risk to employee health and safety;
the employee’s personal circumstances including any family responsibilities;
the needs of the workplace or enterprise;
the notice (if any) given by the employer of the overtime, and by the employee of his
or her intention to refuse it; and
any other relevant matter.
This provision has since been incorporated into the NES. Section 62(3) of the FW Act
reproduces the standard clause and adds additional considerations, including whether the
employee receives a penalty and the usual patterns of work in the industry.
Overtime under Modern Awards
Overtime under the twenty seven (27) modern awards is generally quite consistent. Most
modern awards provide for time-and-a-half for the first two (2) hours and double-time
thereafter for overtime performed Monday to Saturday and double-time for overtime
performed on Sundays. There are a few exceptions.
For instance, under both the Aged Care Award 2010 and the Hospitality Industry (General)
Award 2010, overtime is paid at the rate of double-time for the whole weekend. By contrast,
29
under the Surveying Award 2010, all overtime is paid at the rate of time-and-a-half for the
first three (3) hours and double-time thereafter. Similarly, under the Car Parking Award 2010,
all overtime is paid at time-and-a-half for the first two (2) hours and double-time thereafter.
One of the more notable exceptions is the Professional Employees Award 2010, which
provides for a ‘nil’ overtime rate.
There are four (4) modern awards that may cover local government entities:
●
●
●
●
Educational Services (Teachers) Award 2010
Local Government Industry Award 2010
Medical Practitioners Award 2010
Nurses Award 2010
The above four (4) modern awards provide that overtime is paid for at the rate of time-and-ahalf for the first two (2) hours and double-time thereafter (for Monday to Saturday work) and
double-time (for overtime performed on Sundays). The exception is the Educational Services
(Teachers) Award 2010, which does not contain any overtime rates.
Overtime under State Awards
Of the nine (9) state awards examined, there are four (4) that local government entities could
engage employees under, unless an enterprise agreement or one of the other exemptions
discussed in the introductory chapters of this paper applies. In any other instance, local
government entities would be covered by the LG Award.
●
●
●
●
●
Charitable, Aged & Disability Care Services (State) Award
Charitable Sector Aged & Disability Care Services (State) Award 2003
Nursing Homes, &c., Nurses’ (State) Award
Local Government (State) Award 2014
Local Government (Electricians) (State) Award
The first three (3) state awards all provide that overtime is paid for at the rate of time-and-ahalf for the first two (2) hours and double-time thereafter (for Monday to Saturday work) and
double-time (for overtime performed on Sundays). This is similar to the modern awards. The
LG Award and LG Electricians Award vary slightly, providing that overtime is paid at the rate
of time-and-a-half for the first two (2) hours and double-time thereafter (Monday to 12 noon
Saturday) and double-time (12 noon on Saturday to Sunday).
The Entertainment and Broadcasting – Live Theatre and Concert (State) Award prescribes
different rates of overtime depending upon the circumstances in which the overtime is
performed, in addition to whether the employee is a weekly employee, part-time employee,
or casual employee.
Concluding observations
The majority of the modern and state awards considered all provide that overtime is paid for
at the rate of time-and-a-half for the first two (2) hours and double-time thereafter (for
Monday to Saturday work) and double-time (for overtime performed on Sundays).
30
8. Wage Rates
Approach to analysis
Previous chapters have compared certain conditions across modern and state awards. This
approach is not suited to wage rates. Wage rates in many of the modern awards are based
on a classification structure informed by the Australian Qualifications Framework. On the
other hand, the LG Award and the LGIA prescribe entry level rates of pay that are based on
the award skill descriptors.
Thirty seven (37) positions that are common to the local government industry were selected.
The LG Award position was then compared to the comparator modern award. For example,
a comparison in relation to Home Care employees is extracted below. Annexure H contains
a full comparison of all thirty seven 37 positions.
Position
Home care
employee
Local Government (State)
Award 2014
Classification
Rate of pay
Band 1 Level 3
$21.17
Comparison Awards
Comparator
Award
Aged Care
Award 2010
Classification
Rate of pay
Level 4
$19.64
The analysis demonstrates that the LG Award has higher entry level wage rates than the
federal comparator awards in all thirty seven (37) positions. Further, councils have an award
obligation under the LG Award to maintain salary systems that compliment these award
entry level rates of pay. The following chapter examines wage rates and the other award
conditions considered in this paper in a practical context, across the LG Award, LGIA and a
comparator modern award.
This comparison of wage rates does not take into account the allowances under the modern
and state awards. For example, a state award might provide for industry and adverse
working conditions allowances for a particular group of employees covered by that award
(such as labourers) whilst the comparator modern award might provide for industry, tool,
special and travel allowances for the same category of employees (labourers) covered by
the modern award. Allowances contribute to an employee’s overall pay package and must
be added to the base wage rates.
This analysis is also consistent with the Productivity Commission’s Inquiry into Australia’s
Workplace Relations Framework1, which found that as a group, public sector employees
receive higher wages (Draft Report, p. 629).
The Draft Report notes that public sector bargaining differs from bargaining in the private
sector in several ways. It was stated that in some regions (such as NSW) Commonwealth,
state and local governments vie for quality workers, thereby influencing bargaining in the
public sector. The competition for quality workers within the public sector may indeed
contribute to higher wage rates across the sector. Wage levels for female employees in the
1
http://www.pc.gov.au/inquiries/current/workplace-relations/draft
31
public sector are also higher than those of their counterparts in the private sector, possibly
due to a desire to attract and retain high quality employees. Therefore competition for quality
workers between the public and private sectors may too contribute to higher public sector
wage rates.
32
9. A Practical Example
Employee A (the Labourer) – LG Award and the Building Award
Let’s compare Employee A’s entitlements under the Building and Construction General OnSite Award (‘the Building Award’) and the LG Award. The award conditions that will be
examined are:
●
●
●
●
●
●
●
●
Ordinary hours (daily maximum and span)
Casual employees (minimum engagement and severance pay)
Notice of termination and severance pay (redundancy)
Leave
Shift penalties
Weekend penalties
Overtime
Wage rates
Under the Building Award, Employee A would receive a minimum of $18.69 per hour
(excluding allowances) as a CW/ECW 1 (level d) employee. Under the LG Award, Employee
A would receive a minimum of $19.70 per hour (excluding allowances) as a Band 1, Level 2
employee.
Under the Building Award, Employee A could work a maximum of eight (8) hours before
overtime applies. These hours must be worked between 7am-6pm, Monday to Friday, to fall
within the span and spread of ordinary hours. Under the LG Award, Employee A could work
a maximum of twelve (12) hours before overtime applies and these hours could be worked
anytime between 6am-6pm, Monday to Sunday.
Under the Building Award, casual employees must be engaged for a minimum of four (4)
hours. If Employee A was required for less than four (4) hours, she must still be paid for the
minimum engagement period. Employee A’s casual loading includes severance pay (unlike
a lot of modern awards). Under the LG Award, there is no minimum engagement period. If
Employee A was required for two (2) hours, and was willing to accept this shift, then she
would only be paid for two (2) hours work. Like the Building Award, casual loading under the
LG Award also includes severance pay.
If Employee A was a permanent employee and after four (4) years of service was made
redundant, under the Building Award she would be entitled to three (3) weeks of notice (plus
an additional week if she was aged over forty five (45)) and a severance package equivalent
to eight (8) weeks of pay. Under the LG Award, Employee A would be entitled to four (4)
weeks of notice and a severance package equivalent to sixteen (16) weeks.
Employee A would receive ten (10) days of paid personal leave under the Building Award or
fifteen (15) days of paid sick leave under the LG Award. Carer’s leave, emergency services
leave and health and wellbeing leave would all be deducted from Employee A’s fifteen (15)
day entitlement under the LG Award.
Employee A would be entitled to four (4) weeks of annual leave under both the Building
Award and the LG Award. There is no provision for annual leave loading under the LG
33
Award. This is in contrast to the Building Award, where Employee A would also receive
17.5% loading on top of her ordinary pay whilst on leave.
Employee A would receive comparable unpaid parental leave entitlements under both the
Building Award and the LG Award. Employee A (if a mother) would be entitled to eighteen
(18) weeks of paid make-up pay under the LG Award. Employee A (if a partner) would be
entitled to two (2) weeks of concurrent parental leave under the LG Award, which would be
deducted from her sick leave entitlement.
Under the Building Award, Employee A is entitled to two (2) months (8.67 weeks) of paid
LSL after ten (10) years of service. Under the LG Award, after five (5) years of service
Employee A is entitled to 6.5 weeks; and after ten (10) years she would receive thirteen (13)
weeks (compared to 8.67 weeks under the Building Award).
The Building Award provides for morning, afternoon and night shifts. If Employee A is
required to work an afternoon shift (commencing at or after 1.00 pm and before 3.00 pm),
she will receive a 50% loading for the duration of that shift. This means that if on a weekday
Employee A starts work at 1:30pm and finishes at 6:30pm, rather than being paid the shift
penalty for the time actually worked outside the span of ordinary hours (i.e. thirty (30)
minutes), the shift penalty is paid for Employee A’s entire shift (i.e. five (5) hours). Under the
LG Award, by contrast, ordinary hours worked outside the span of 6am to 6pm* will attract a
loading of 20% for the hours actually worked (as opposed to the whole shift, as is the case
with the Building Award).
* Except as provided in clause 18C(ii), which provides for a different spread of hours for
some functions.
Under the Building Award, if Employee A was required to work on a Saturday she would be
entitled to time-and-a-half for the first two (2) hours and double time thereafter. On a
Sunday, Employee A would be entitled to double time plus a minimum payment of four (4)
hours. Under the LG Award, if Employee A was required to work ordinary hours on a
Saturday she would receive time-and-a-half for the duration of her shift and on Sundays she
would receive double time (clause 18B(ii) – trade function).
If Employee A was required to work overtime, the Building Award provides for time-and-ahalf for the first two (2) hours and double time thereafter (Monday to 12 noon Saturday) and
double time (12 noon Saturday to Sunday), with a minimum payment of four (4) hours on a
Sunday. Employee A would receive identical overtime rates under the LG Award, with the
exception of a minimum payment of four (4) hours on a Sunday.
Employee A (the Labourer) – LGIA and LG Award
Let’s compare Employee A’s entitlements under the LGIA and the LG Award. The award
conditions that will be examined are:
●
●
●
●
●
Ordinary hours (daily maximum and span)
Casual employees (minimum engagement and severance pay)
Notice of termination and severance pay (redundancy)
Leave
Shift penalties
34
●
●
●
Weekend penalties
Overtime
Wage rates
Under the LGIA, Employee A would receive a minimum of $18.48 per hour (excluding
allowances) as a Level 1 employee. If Employee A had relevant local government
experience she would receive a minimum of $19.10 (excluding allowances) as a Level 2
employee. Under the LG Award, Employee A would receive a minimum of $19.70 per hour
(excluding allowances) as a Band 1, Level 2 employee.
Under the LGIA, Employee A could work a maximum of ten (10) hours before overtime
applies (twelve (12) hours if by agreement between employer and employee). These hours
would be worked between 6am – 6pm (unless Employee A was working as a labourer in a
work area identified in clause 21.3(a)(iii), in which case the span would be 5am – 10pm),
Monday to Friday (unless Employee A was working as a labourer in a work area identified in
clause 21.2(b), in which case, the spread would be Monday to Sunday), to fall within the
spread and span of ordinary hours. Under the LG Award, Employee A could work a
maximum of twelve (12) hours before overtime applies and these hours could be worked
anytime between 6am-6pm, Monday to Sunday.
Under both the LGIA and LG Award, Employee A’s casual loading includes severance pay
(unlike a lot of modern awards) and there is no minimum engagement period. Under both
awards, if Employee A was required for two (2) hours, and was willing to accept this shift,
then she would only be paid for two (2) hours work.
If Employee A was a permanent employee and after four (4) years of service was made
redundant, she would be entitled to three (3) weeks of notice (four (4) weeks if over forty five
(45)) and eight (8) weeks’ severance pay under the LGIA. Under the LG Award, Employee A
would be entitled to four (4) weeks of notice and sixteen (16) weeks of severance pay.
Employee A would receive ten (10) days of paid personal leave under the LGIA or fifteen
(15) days of paid sick leave under the LG Award. Carer’s leave, emergency services leave
and health and wellbeing leave would all be deducted from Employee A’s fifteen (15) day
sick leave entitlement under the LG Award.
Employee A would be entitled to four (4) weeks of annual leave under both the LGIA and the
LG Award. There is no provision for annual leave loading under the LG Award. This is in
contrast to the LGIA, where Employee A would also receive 17.5% loading on top of her
ordinary pay whilst on leave.
Employee A would receive comparable unpaid parental leave entitlements under both the
LGIA and the LG Award. Employee A (if a mother) would receive eighteen (18) weeks of
paid make-up pay under the LG Award. Employee A (if a partner) would receive two (2)
weeks of concurrent parental leave under the LG Award (deducted from her sick leave
entitlement). Employee A would receive no paid parental leave entitlements above the
Federal Government’s PPL scheme under the LGIA.
Under the LGIA, Employee A is entitled to two (2) months (8.67 weeks) of paid long service
leave after ten (10) years of service. Under the LG Award, after five (5) years of service
35
Employee A is entitled to six point five (6.5) weeks; and after ten (10) years he would receive
thirteen (13) weeks (compared to 8.67 weeks under the LGIA).
Under both the LGIA and the LG Award, ordinary hours worked outside the span of 6am to
6pm* will attract a loading of 20%.
*Note 1: Except as provided in clause 18C(ii) of the LG Award, which provides for a different
spread of hours for some functions.
*Note 2: Except for employees engaged in recreation centres or community services under
the LGIA, per clause 23.3.
Under the LGIA, if Employee A was working as a labourer in a work area identified in clause
21.2(b), and therefore her ordinary hours fell between a Monday-Sunday spread, she would
be entitled to time-and-a-half on Saturdays and time and three quarters on Sundays. If
Employee A was engaged in a recreation centre or community services she would not
receive any penalty for work performed on Saturdays or Sundays between 5am – 10pm.
Under the LG Award, if Employee A was required to work ordinary hours on a Saturday she
would receive time-and-a-half and on Sundays she would receive double time (clause 18B(ii)
– trade function).
If Employee A was required to work overtime, the LGIA provides for time-and-a-half for the
first two (2) hours and double time thereafter (Monday to Saturday) and double-time
(Sunday). Employee A would receive time-and-a-half for the first two (2) hours and double
time thereafter (Monday to 12 noon Saturday) and double time (12 noon Saturday to
Sunday) under the LG Award.
Employee A’s gross pay under the LG Award, the Building Award and the LGIA
The following is a practical examination of how Employee A would be paid under the LG
Award, the Building Award and the LGIA for a week of work under a particular roster.
Assume Employee A is a full time labourer, who works thirty eight (38) hours per week
during a week in January 2015. On Monday to Friday, her shift commences at 5:30am and
finishes at 3:00pm with an hour unpaid break. Employee A is required to start and finish
work at the employer’s depot.
Under the respective Awards, this is how Employee A would be paid:
Entitlements
Ordinary hours (38 hours)1
Industry allowance
Travel allowances
Shift penalty2
Overtime throughout the week
Overtime on weekend (including
hourly rate)
Total for the week
LG Award
$748.60
$14.203
$0.00
$9.857
$0.00
$118.20
Building Award
$710.22
$33.984
$87.156
$177.568
$46.739
$112.14
LGIA
$702.24
$26.605
$0.00
$9.24
$0.00
$110.88
$890.86
$1,167.81
$848.97
Notes:
1. This amount is the hourly rate multiplied by the number of hours worked in the week.
36
2. This amount is the shift penalty which is paid on top of the ordinary hours.
3. Level 1 adverse working conditions allowance - clause 15(i).
4. Special allowance and industry allowance - clauses 21.1 and 21.2.
5. Level 1 adverse working conditions allowance – clause 15.8(b)(i).
6. Clause 25.2 of the Building Award provides for a payment of $17.43 per day to an
employee required to start at a depot, workshop or yard, in any instance other than
when the employer picks the employee up from their home and drives them to work,
and then drives them home.
7. This is for the work performed by Employee A from 5:30am to 6:00am during
weekdays.
8. The shifts worked by Employee A from Monday to Friday are, under clause 34,
considered a morning shift (commencing between 4:30am and 6:00am) and incur a
25% loading.
9. Under clause 33.1, the maximum ordinary hours that can be worked in a day are
eight (8). Employee A worked 8.5 hours each day (Monday to Friday), entitling her to
two and a half (2 ½) hours overtime over four (4) days.
37
Conclusions
This research paper compared the following conditions across state and federal awards:
●
●
●
●
●
●
●
●
Ordinary hours (daily maximum and span)
Casual employees (minimum engagement and casual loading)
Notice of termination and severance pay (redundancy)
Leave (specifically annual leave, sick leave, long service leave and parental leave)
Shift penalties
Weekend penalties
Overtime
Wage rates
Ordinary hours
Both the LG Award and LGIA have less restrictive daily maximums (the LG Award being
slightly less restrictive). The spans for ordinary hours are generally more restrictive under
state awards than modern awards. Of the state awards, the LG Award is generally less
restrictive.
Casual employees
The minimum engagement period (where applicable) varies between one (1) and four (4)
hours under both the modern awards and state awards considered. Both the LGIA and LG
Award have a ‘nil’ minimum engagement period.
Less than half of the modern awards include severance pay in their casual loading. Casual
loading under eight (8) of the nine (9) state awards including severance pay (the exception is
the LG Electricians Award).
Notice of termination and severance pay (redundancy)
Notice of termination is similar under the state and modern awards. Some state awards vary
slightly from the NES and supplement the NES with additional notice. Severance pay varies
between nil and twelve (12) weeks and the modern awards and nil and thirty four (34) weeks
under the state awards, depending on service.
Leave
Sick leave/personal leave entitlements vary between ten (10) days under the modern awards
and fifteen (15) days under the LG Award per year of service. The quantity of annual leave
under the modern and state awards is similar. The LG Award does not reference annual
leave loading, in contrast to the modern awards and other state awards. Unpaid parental
leave entitlements are similar under both the modern and state awards. The state awards
provide paid parental leave entitlements in addition to the PPL scheme. The modern and
state awards are similar in their LSL entitlements. The exceptions are the LG Award and the
LG Electricians Award. Both of these awards provide a higher rate than the LSL Act, and the
former also providing access to LSL after five (5) years of service – compared to ten (10)
under the modern awards and other state awards.
38
Shift penalties
Most modern awards calculate a shift penalty on the entire shift, rather than the hours
worked outside the span of ordinary hours. The LGIA is an exception. Like the LGIA, the LG
Award only requires the payment of a shift penalty for the ordinary hours worked outside the
span of 6am to 6pm, except where the award provides for a different spread of hours for
some functions.
Weekend penalties
The Saturday penalty rate under the twenty seven (27) modern awards varies between 25%
and 100% while the Sunday penalty rate varies between 50% and 100%. Roughly half of the
modern awards also prescribe a minimum engagement of between three (3) and four (4)
hours for Sunday work. Weekend penalty rates under the nine (9) state awards vary
between nil and 100% for Saturdays and 50% and 100% for Sundays. The LG Award has no
minimum engagement period for weekend work.
Overtime
With a few exceptions, the majority of the modern and state awards considered all provide
that overtime is paid for at the rate of time-and-a-half for the first two (2) hours and doubletime thereafter (for Monday to Saturday work) and double-time (for overtime performed on
Sundays).
Wage rates
The analysis demonstrates that the LG Award has higher entry level wage rates than the
federal comparator awards in all thirty seven (37) positions. Further, councils have an award
obligation under the LG Award to maintain salary systems that compliment these award
entry level rates of pay.
39
Where to from here?
If you require further information on award coverage specific to your Council, contact:
Industrial Unit
Workplace Solutions Division
(02) 9242 4142
[email protected]
HR Advance
HR Advance is a comprehensive library of fully customisable human resource documents
including policies, forms, correspondence and checklists. These documents can be tailored
specifically for your Council through a series of simple step-by-step processes for each
document.
For more information visit: www.lgnsw.hradvance.com.au
LGNSW Learning Solutions
LGNSW Learning Solutions coordinates a range of high-quality and cost-effective professional
development options for NSW councils. Visit lgnsw.org.au/learning for details on all of our
programs.
For more information visit: [email protected]
40
Annexure A – Ordinary hours
1. Modern Awards
** Unless highlighted in GREEN the modern award cannot be used by local government entities as the LGIA will instead apply –
see Chapter on ‘Coverage’
Award
Aged Care Award 2010
Airport Employees Award 2010
Clause:
Daily Max
22.1(c)
27.2(c)
Notes
Clause:
Span
22.2(a)
27.2(b)-(c)
6am and 6pm Monday to Friday.
630am and 630pm Monday to Friday.
Amusement, Events & Recreation Award 2010
21.2
8 hours.
Except that:
(a) 10 hours can be worked on any one day
by mutual agreement between the employer
and the majority of employees involved; and
(b) 12 hours can be worked on any one day
by agreement in writing by an employer and
an individual employee.
No daily max.
21.3
Continuously, Monday to Sunday.
Banking, Finance and Insurance Award 2010
22.2
22.1
8 hours.
7.6 hours. Or up to 10 hours per day by
agreement between an individual employee
and the employer.
8 hours.
12 hours.
33.1
21.1(b)
7am to 7pm Monday to Friday and 8am to
12 noon Saturday. Provided that on not
more than one night per week, which
must be specified in advance by the
employer, the span of ordinary hours may
be worked up to 9pm.
7am to 6pm, Monday to Friday.
7am-7pm, Monday to Sunday.
Building & Construction General On-Site Award 2010
Car Parking Award 2010
33.1(a)
21.1(b)
Cemetery Industry Award 2010
Children’s Services Award 2010
21.2(a)
21.3
Cleaning Services Award 2010
24.1(c)
7.6 hours.
Except that:
by mutual agreement between the employer
and the majority of employees, employees
may be rostered for up to 10 hours per day.
Clerks – Private Sector Award 2010
25.1(c)
10 hours.
25.1(b)
Educational Services (Teachers) Award 2010
19
This clause of the award supplements the
19
8 hours (day shift) or 10 hours (night shift).
12 hours.
21.1
2.1.2 and
21.3
24.1(a) and
27.1
Notes
7am to 6pm, Monday to Friday.
6:00am to 6:30pm, Monday to Friday.
Monday to Sunday.
No specification re: hourly span.
However shift work provs. come into effect
for any shift Monday to Friday starting
before 6am or any shift finishing after 6
pm.
7am to 7pm, Monday to Friday and 7am
to 12.30 pm, Saturday.
See notes.
Fitness Industry Award 2010
24.2
Health Professionals & Support Services Award 2010
Horticulture Award 2010
23.2
22.1(c)
Hospitality Industry (General) Award 2010
29.1(b)
Live Performance Award 2010
NES that deals with maximum weekly hours.
Due to the operational requirements of
employers in the industry, the ordinary hours
under this award may be averaged over a
12 month period.
10 hours.
24.1
Hours may be worked over any 5 days of
the week, between the hours of 5am and
11pm, Monday to Friday; and 6am and
9pm, Saturday and Sunday.
10 hours.
8 hours. Except by arrangement between
the employer and the majority of employees
in the section/s concerned in which case
ordinary hours should not exceed 12 hours
on any day.
6.00 am and 6.00 pm Monday to Friday.
22.1(b)
11 hours. Except where shifts are broken, in
which case 12 hours.
29
32.3
and
26.2(a)(iii)
8 hours.
26.2(a)(iv)
Local Government Industry Award 2010
21.5
10 hours. Except by agreement between the
employer and employee, up to a maximum
of 12 hours.
21.3 and
21.2
Marine Tourism and Charter Vessels Award 2010
22.2(b)
12 hours.
22.2(c)
Medical Practitioners Award 2010
22
No daily max. However, must have eight
hours off duty between successive periods
of duty.
21
Nursery Award 2010
24.2(c)
8 hours. Except by arrangement between an
employer and an employee – then up to 10
hours.
24.2(b)
Nurses Award 2010
Professional Employees Award 2010
21.2
18.1
10 hours.
No daily max and no span.
22.1
18.1
The ordinary hours will be worked
between 6am and 6pm except if varied by
arrangement between the employer and
the majority of the employees in the
section/s concerned.
Monday to Sunday.
No specification re: hourly span.
However, employees are entitled to an
additional penalty for work performed
between: Monday–Friday—7.00 pm to
midnight: (10% of the standard hourly
rate); and Monday–Friday—midnight to
7.00 am: (15% of the standard hourly
rate).
Between 9am and 11.15 pm, across no
more than 6 days of the week.
6am - 6pm, subject to some exceptions for
certain employee functions: see clause
21.3(a). Monday-Friday/Monday-Sunday,
depending on the employee’s function:
see clause 21.2(b).
Monday to Saturday, 6am and 2am the
next day, or during any other six day
period in any week mutually agreed upon
between an employer and an employee.
6am to 6pm, Monday to Friday (medical
practitioners except senior doctors) and
7am and 6pm Monday to Friday (senior
doctors).
6am and 6pm on any five out of seven
days. Provided that the ordinary hours of
work may be worked between 6am and
9pm on one day per week between
Monday and Friday.
6am and 6pm, Monday to Friday.
No daily max and no span.
46
Quarrying Award 2010
25.3
10 hours (unless it is otherwise agreed
between the employer and the majority of
employees).
25.2
SCHC & Disability Services Industry Award 2010
Surveying Award 2010
25.1(a)
21.1
8 hours.
No daily max (only 38 hour weekly max).
25.2
21.1
Waste Management Award 2010
Water Industry Award 2010
27.2
25.2(b)
8 hours.
10 hours. Or by agreement between the
employer and employee, up to a maximum
of 12 hours.
27.2
25.2(a)
Monday to Friday, 6.30am and 6pm; or
between such hours as is agreed between
the employer and the majority of the
employees.
6am and 8pm, Monday to Sunday.
6am and 6pm, Monday to Friday; unless
altered by agreement between the
employer and the majority of employees
concerned.
During periods when daylight saving is in
operation the spread of hours may be
5am to 5pm where there is agreement
between the employer and the majority of
employees affected.
Monday to Friday, 4am and 5 pm.
6am to 6pm, Monday to Friday.
47
2. State Awards
** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply –
see Chapter on ‘Coverage’
Award
Charitable, Aged & Disability Care Services (State) Award
Clause:
Daily Max
7(iv)
Charitable Institutions (Professional Paramedic Staff) (State)
Award
Charitable Sector Aged & Disability Care Services (State)
Award 2003
Entertainment & Broadcasting Industry – Live Theatre &
Concert (State) Award
Health, Fitness & Indoor Sport Centres (State) Award
Nurses Other Than In Hospitals &c (State) Award 2006
Nursing Home &c Nurses (State) Award
NA
Local Government (State) Award 2014
Local Government (Electricians) (State) Award
18A(viii)
11A(i)
Notes
10 hours
shift.
Nil
day shift; 11 hours night
Clause:
Span
7(i)(a)
2.7(c)
Notes
Shift must commence on or after 6:00am
or on or after 10:30am, Monday to Friday.
Shift must commence on or after 6:00am
or on or after 10:00am, Monday to Friday.
7(iv)
10 hours day shift; 11 hours night
shift.
7(i)(a)
Shift must commence on or after 6:00am
or on or after 10:30am, Monday to Friday.
22.1.3
12 hours.
22.1.2
Monday to Sunday, 7.00 a.m. to midnight.
7(a)
2(v)
2(iv)
10 hours; 8 hours for casuals.
8 hours.
10 hours day shift; 11 hours night
shift.
12 hours.
12 hours.
NA`
2(v)
2(i)
Nil
Monday to Friday, 7.00am and 7.00pm.
Shift must commence on or after 6:00am
or on or after 10:00am, Monday to Friday.
Monday to Sunday, 6am to 6pm.
Monday to Friday.
18A(iii)
11A(i)
48
Annexure B – Casual Employment (minimum engagement and loading)
1. Modern Awards
** Unless highlighted in GREEN the modern award cannot be used by local government entities as the LGIA will instead apply –
see Chapter on ‘Coverage’
Award
Aged Care Award 2010
Clause:
Min Eng.
22.7(b)
Notes
2 hours
Clause:
Loading
10.4(b)
Airport Employees Award 2010
NA
No minimum engagement.
12.4(b)
Amusement, Events & Recreation Award 2010
Banking, Finance and Insurance Award 2010
Building & Construction General On-Site Award 2010
Car Parking Award 2010
Cemetery Industry Award 2010
10.4(e)
NA
14.4
10.5(e)
10.3(c)
3 hours
No minimum engagement.
4 hours
3 hours
2 hours
10.4(d)
10.3(3)
14.5
10.5(d)
10.3(b)
Children’s Services Award 2010
Cleaning Services Award 2010
Clerks – Private Sector Award 2010
10.5(c)
24.2
12.4
2 hours
1 hour
3 hours
10.5(a)
12.5(a)
12.2
Educational Services (Teachers) Award 2010
14.5(b)
NA
Fitness Industry Award 2010
13.4-5
13.2
Not specified what loading includes.
Health Professionals & Support Services Award 2010
10.4(c)
1/2 day in schools and 1/4 of a day in early
childhood.
3 hours.1 hour if a Level 2, 3, 3A, 4 or 4A
instructor or trainer or student.
3 hours. 2 hours if a cleaner
Not specified what loading includes.
Casual loading includes severance.
Casual loading includes severance.
Casual loading includes severance.
Casual loading includes entitlements to
leave and other matters from which
casuals are excluded by the terms of the
NES.
Not specified what loading includes.
Not specified what loading includes.
Casual loading includes entitlements to
leave and other matters from which
casuals are excluded by the terms of the
NES.
Not specified what loading includes.
Horticulture Award 2010
Hospitality Industry (General) Award 2010
NA
13.2
No minimum engagement
2 hours
10.4(c)
13.1
Live Performance Award 2010
Local Government Industry Award 2010
10.4(e)
NA
3 hours
No minimum engagement
10.4(c)
10.5(b)
Marine Tourism and Charter Vessels Award 2010
10.3(ii)
1/2 day if they are an overnight charter
employee and 2 hours if they are a nonovernight charter employee
13.1-2
10.4(b)
Notes
Casual loading does not include
severance.
Not specified what loading includes.
Casual loading is paid instead of the paid
leave entitlements of full-time employees.
Casual loading includes severance.
Casual loading includes severance.
Casual loading includes severance.
Casual loading includes entitlements to
leave and other matters from which
casuals are excluded by the terms of the
NES.
Not specified what loading includes.
49
NA
No minimum engagement
10.4
10.4(c)
10.4(c)
NA
13.2(b)
2 hours
2 hours
No minimum engagement
3 hours
10.4(b)
10.4(b)
11.4(b)
13.3
Not specified what loading includes.
Not specified what loading includes.
Casual loading includes severance.
SCHC & Disability Services Industry Award 2010
10.4(c)
10.4(b)
Surveying Award 2010
NA
3 hours for social and community work
(excluding disability work); 1 hour for home
care; and 2 hours for all other employees.
No minimum engagement
Waste Management Award 2010
Water Industry Award 2010
14.6
NA
4 hours
No minimum engagement
14.4
10.5(b)
Casual loading includes paid leave
entitlements otherwise accrued by fulltime employees.
Casual loading includes annual leave,
personal/carer’s leave, bereavement leave
and public holidays.
Not specified what loading includes.
Casual loading includes paid leave under
this award and the NES.
Medical Practitioners Award 2010
Nursery Award 2010
Nurses Award 2010
Professional Employees Award 2010
Quarrying Award 2010
11.2(b)
Not specified what loading includes.
Casual loading includes severance.
50
2. State Awards
** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply –
see Chapter on ‘Coverage’
Award
2 hours; 1 hour for homecare.
2 hours.
Clause:
Loading
43(ii)(c)
30.1(a)
No severance payable on termination.
No severance payable on termination.
7(v)
2 hours; 1 hour for homecare.
43(ii)(c)
No severance payable on termination.
11.3.1
4 hours.
15A(i)
No severance payable on termination.
5(b)
5(Pt2)(iv)
3 hours; 1 hour for instructors.
3 hours.
33(i)
3(i)****
No severance payable on termination.
No severance payable on termination.
****The Nurses (Private Sector) Redundancy (State) Award
applies re: termination
Nursing Home &c Nurses (State) Award
21(pt2)(ii)
2 hours.
3(i)****
No severance payable on termination.
****The Nurses (Private Sector) Redundancy (State) Award
applies re: termination
Local Government (State) Award 2014
Local Government (Electricians) (State) Award
NA
NA
Nil
Nil
26(vi)
12(ii)(b)
Casual loading includes severance.
Casual loading does not include
severance.
Charitable, Aged & Disability Care Services (State) Award
Charitable Institutions (Professional Paramedic Staff) (State)
Award
Charitable Sector Aged & Disability Care Services (State)
Award 2003
Entertainment & Broadcasting Industry – Live Theatre &
Concert (State) Award
Health, Fitness & Indoor Sport Centres (State) Award
Nurses Other Than In Hospitals &c (State) Award 2006
Clause:
Min Eng.
7(v)
12.2
Notes
Notes
51
Annexure C – Notice of Termination and Severance Pay Provisions
1. Modern Awards
** Unless highlighted in GREEN the modern award cannot be used by local government entities as the LGIA will instead apply –
see Chapter on ‘Coverage’
Award
Aged Care Award 2010
Clause:
Notice
11.1
Notes
Airport Employees Award 2010
13.1
As per the NES
14.1
Amusement, Events & Recreation Award 2010
Banking, Finance and Insurance Award 2010
Building & Construction General On-Site Award
2010
11.1
11.1
16.1
As per the NES
As per the NES.
As per the NES
12.1
12.1
17.3
As per the NES An employer has to give the following
minimum notice periods when dismissing
an employee:
Period of continuous Minimum notice
service
period
Less than 1 year
1 week
1-3 years
2 weeks
3-5 years
3 weeks
over 5 years
4 weeks
An employee is entitled to an extra week
of notice if they are over 45 years old and
have 2 years of service.
Clause:
Severance
12.1
Notes
As per the NES –
Employee’s period of
Severance pay
continuous service with the
period
employer on termination
At least 1 year but less than 2
4 weeks
years
At least 2 years but less than 3
6 weeks
years
At least 3 years but less than 4
7 weeks
years
At least 4 years but less than 5
8 weeks
years
At least 5 years but less than 6
10 weeks
years
At least 6 years but less than 7
11 weeks
years
At least 7 years but less than 8
13 weeks
years
At least 8 years but less than 9
14 weeks
years
At least 9 years but less than 10
16 weeks
years
At least 10 years
12 weeks
As per the NES
As per the NES
As per the NES.
Severance pay
Period of
continuous
service with
52
an employer
1 year or 2.4 weeks’ pay plus for all
more but less service in excess of 1
than 2 years year,1.75 hours pay per
completed
week
of
service up to a maximum
of 4.8 weeks’ pay
2 years or 4.8 weeks’ pay plus, for
more but less all service in excess of 2
than 3 years years,1.6 hours pay per
completed
week
of
service up to a maximum
of 7 weeks’ pay
3 years or 7 weeks’ pay plus, for all
more than but service in excess of 3
less
than years,0.73 hours pay per
4 years
completed
week
of
service up to a maximum
of 8 weeks’ pay
12.1
12.1
12.1
14.1
14.1
12.1
14.1
As per the NES
As per the NES
As per the NES
As per the NES
As per the NES
As per the NES.
NES is also supplemented by additional
minimum requirements: 7 school term
weeks’ notice for school teachers and 4
preschool term weeks’ notice for nonschool teachers
As per the NES
4 years or 8 weeks’ pay
more
Provided that an employee employed for less than
12 months will be entitled to severance payment
of 1.75 hours per week of service if, and only if,
redundancy is occasioned otherwise than by the
employee.
As per the NES
As per the NES
As per the NES
As per the NES
As per the NES
As per the NES
15.1
As per the NES
11.1
As per the NES
12.1
As per the NES
11.1
As per the NES
12.1
As per the NES
Car Parking Award 2010
Cemetery Industry Award 2010
Children’s Services Award 2010
Cleaning Services Award 2010
Clerks – Private Sector Award 2010
Educational Services (Teachers) Award 2010
11.1
11.1
11.1
13.1
13.1
11.2-3
Fitness Industry Award 2010
Health Professionals & Support Services Award
2010
Horticulture Award 2010
53
Hospitality Industry (General) Award 2010
16.1
As per the NES
17.1
As per the NES
Live Performance Award 2010
Local Government Industry Award 2010
Marine Tourism and Charter Vessels Award 2010
Medical Practitioners Award 2010
Nursery Award 2010
Nurses Award 2010
Professional Employees Award 2010
Quarrying Award 2010
11.1
11.1
11.1
11.1
12.1
11.1
12.2
14.1
As per the NES
As per the NES
As per the NES
As per the NES
As per the NES
As per the NES
1 months’ notice
As per the NES
12.1
12.1
12.1
12.1
13.1
12.1
13.1
15.1
As per the NES
As per the NES
As per the NES
As per the NES
As per the NES
As per the NES
As per the NES
11.1
12.1
16.1
11.1
As per the NES
As per the NES
As per the NES
As per the NES
12.1
13.1
17.1
12.1
As per the NES
As per the NES
As per the NES
As per the NES
SCHC & Disability Services Industry Award 2010
Surveying Award 2010
Waste Management Award 2010
Water Industry Award 2010
As per the NES
54
2. State Awards
** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply –
see Chapter on ‘Coverage’
Award
Charitable, Aged & Disability Care
Services (State) Award
Clause: Notice
43(ii)**
Notes
Period of Continuous
Service
1 year or less
More than 1 year but
not more than 3
years
More than 3 years
but not more than 5
years
More than 5 years
Clause:
Severance
42(v)**
Minimum
Period of
Notice
1 week
2 weeks
Notes
Where the employee is under 45 years of age:
Minimum Years of Service
Less than 1 year
1 year and less
years
2 years and less
years
3 years and less
years
4 years and less
years
5 years and less
years
6 years and over
3 weeks
4 weeks
Also:
4 weeks for Gr 4 and 5 Care Service
Employees and 1 additional week for
employees aged >45 years.
than 2
Retrenchmen
t Pay
Nil
4 weeks’ pay
than 3
7 weeks’ pay
than 4
10 weeks’
pay
12 weeks’
pay
14 weeks’
pay
16 weeks’
pay.
than 5
than 6
Where the employee is 45 years of age:
Minimum Years of
Service
Less than 1 year
1 year and less than
years
2 years and less than
years
3 years and less than
years
4 years and less than
years
5 years and less than
years
6 years and over
Charitable Institutions (Professional
Paramedic Staff) (State) Award
29.4**
2
3
4
5
6
30.13
Years of Continuous
Service
Not more than 1 year
Notice
Required
at
least
one week
As per clause 42(v)** above.
Retrenchmen
t Pay
Nil
5 weeks’ pay
8.75 weeks’
pay
12.5 weeks’
pay
15 weeks’
pay
17.5 weeks’
pay
20 weeks’
pay
55
More than 1 but not
more than 3 years
More than 3 but not
more than 5 years
More than 5 years
at
least
two weeks
at
least
three
weeks
at
least
four weeks
Where an employee is over 45 years of age
they shall receive, in addition to the above
table, one week's extra notice, provided the
employee has had two years' service.
Charitable Sector Aged & Disability
Care Services (State) Award 2003
Entertainment
&
Broadcasting
Industry – Live Theatre & Concert
(State) Award
Health, Fitness & Indoor Sport
Centres (State) Award
Nurses Other Than In Hospitals &c
(State) Award 2006
43(ii)
As per clause 43(ii)** above.
42(v)
As per clause 42(v)** above.
14.1
As per clause 29.4** above.
15E(i)
As per clause 42(v)** above.
33(iv)
As per clause 29.4** above.
33(v)
As per clause 42(v)** above.
6(i)
As per clause 29.4** above.
7(i)
As per clause 42(v)** above.
6(i)
As per clause 29.4** above.
7(i)
As per clause 42(v)** above.
****The Nurses (Private Sector) Redundancy
(State) Award applies re: termination and
redundancy
Nursing Home &c Nurses (State)
Award
****The Nurses (Private Sector) Redundancy
(State) Award applies re: termination and
redundancy
Local Government (State) Award
2014
38(iv)
39(vi)(b)
EMPLOYEE'S
PERIOD
CONTINUOUS
SERVICE
OF
PERIOD
OF
NOTICE
Less than 2 years
At least
2 weeks
2 years and less than 3
years
At least
3 weeks
COMPLETED YEARS OF
SERVICE
WITH
THE
EMPLOYER
ENTITLEMENT
Less than 1 year
Nil
1 year and less than 2 years
5 weeks pay
2 years and less than 3 years
9 weeks pay
3 years and less than 4 years
13 weeks pay
56
Local Government
(State) Award
(Electricians)
29(iv)
3 years and less than 5
years
At least
4 weeks
5 years and beyond
At least
5 weeks
If the employee is < 45 years -
Employee's Period
of Continuous
Service
Period of Notice
Less than 3 years
At least 2 weeks
notice
3 years and less
than 5 years
At least 3 weeks
notice
5 years and beyond
At least 4 weeks
notice
30(vi)
4 years and less than 5 years
16 weeks pay
5 years and less than 6 years
19 weeks pay
6 years and less than 7 years
22 weeks pay
7 years and less than 8 years
25 weeks pay
8 years and less than 9 years
28 weeks pay
9 years and less than 10
years
31 weeks pay
10 years and thereafter
34 weeks pay
If the employee is < 45 years of age:
Completed Years
of
Entitlement
Service with
council
Less than 1 year
Nil
1 year and less
than 2 years
4 weeks pay
2 years and less
than 3 years
7 weeks pay
3 years and less
than 4 years
10 weeks pay
4 years and less
than 5 years
12 weeks pay
5 years and less
than 6 years
14 weeks pay
6 years and less
than 7 years
16 weeks pay
7
years
beyond
An additional 2
weeks pay for
each year
If the employee > 45 years Employee's
Period of
Continuous
Service
Period of Notice
Less than 2 years
At least 2 weeks
2 years and less
than 3 years
At least 3 weeks
3 years and less
than 5 years
At least 4 weeks
5
years
beyond
At least 5 weeks
and
and
in excess of 7
57
years service
up to 10
weeks pay
If the employee is > 45 years Entitlement
Completed Years of
Service with
council
Less than 1 year
Nil
1 year and less than 2
years
5 weeks pay
2 years and less than 3
years
8.75 weeks pay
3 years and less than 4
years
12.5 weeks pay
4 years and less than 5
years
15 weeks pay
5 years and less than 6
years
17.5 weeks pay
6 years and less than 7
years
20 weeks pay
7 years and beyond
An additional 2 weeks
pay for each year
in excess of 7years
service up to 6
weeks pay
58
Annexure D – Leave provisions
Personal/Carer’s Leave (including sick leave)
** Unless highlighted in GREEN the modern award cannot be used by local government entities as the LGIA will instead apply –
see Chapter on ‘Coverage’
1. Modern Awards
Award
Aged Care Award 2010
Clause:
30
Airport Employees Award 2010
Amusement, Events & Recreation Award 2010
Banking, Finance and Insurance Award 2010
Building & Construction General On-Site Award
2010
Car Parking Award 2010
Cemetery Industry Award 2010
Children’s Services Award 2010
Cleaning Services Award 2010
Clerks – Private Sector Award 2010
32.1
25
25
39.1
Educational Services (Teachers) Award 2010
Fitness Industry Award 2010
Health Professionals & Support Services Award
2010
Horticulture Award 2010
Hospitality Industry (General) Award 2010
Live Performance Award 2010
Local Government Industry Award 2010
24
28
33
As per the NES.
As per the NES.
As per the NES.
As per the NES.
As per the NES. Also –
Casual employees are entitled to be not available for work or to leave work to care for a person who is sick.
Leave is unpaid and for a maximum of 48 hours.
As per the NES.
As per the NES.
As per the NES.
26
35
20
25A
As per the NES.
As per the NES.
As per the NES.
As per the NES.
26
25
25
30
30.1-2
What is included in the leave?
As per the NES –
10 days per year (accrues progressively) which can be used for the following:
Personal illness of injury (sick leave);
To care for an ill or injured family member (carer’s leave);
Up to 2 days can be used where there is a death/life-threatening incident in the family (compassionate
leave)
As per the NES.
As per the NES.
As per the NES.
As per the NES.
59
Marine Tourism and Charter Vessels Award 2010
Medical Practitioners Award 2010
Nursery Award 2010
Nurses Award 2010
Professional Employees Award 2010
Quarrying Award 2010
SCHC & Disability Services Industry Award 2010
Surveying Award 2010
Waste Management Award 2010
Water Industry Award 2010
24
30
28
34
20
30
32
25
34
28
As per the NES.
As per the NES.
As per the NES.
As per the NES.
As per the NES.
As per the NES.
As per the NES.
As per the NES.
As per the NES.
As per the NES.
60
** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply –
see Chapter on ‘Coverage’
2. State Awards
Award
Charitable, Aged & Disability Care Services (State) Award
Charitable Institutions (Professional Paramedic Staff)
(State) Award
Charitable Sector Aged & Disability Care Services (State)
Award 2003
Entertainment & Broadcasting Industry – Live Theatre &
Concert (State) Award
Health, Fitness & Indoor Sport Centres (State) Award
Clause:
What is included in the leave?
22(ii)
17.1
76 hours for each year of service.
76 hours for each year of service.
22(ii)
76 hours for each year of service.
27.2
76 hours for each year of service.
14(d)
During the first year of service – 38 hours.
During the second year of service – 60.8 hours.
During the third and subsequent years of service – 76 hours.
40 hours of working time in the first year of service.
64 hours of working time in the second and subsequent years of service.
76 hours for each year of service.
3 weeks for each year of service.
***Carer’s Leave, Emergency Services Leave, and Health and Wellbeing Leave are all deducted
from an employee’s Sick Leave entitlement.
3 weeks for each year of service.
Nurses Other Than In Hospitals &c (State) Award 2006
13(i)
Nursing Home &c Nurses (State) Award
Local Government (State) Award 2014
24(i)
21A
Local Government (Electricians) (State) Award
18(f)
61
Annual leave
** Unless highlighted in GREEN the modern award cannot be used by local government entities as the LGIA will instead apply –
see Chapter on ‘Coverage’
1. Modern Awards
Award
Aged Care Award 2010
Clause:
Quantity
28.1
Airport Employees Award 2010
31.1-2
Notes
As per the NES –
An employee (other than a casual employee) is entitled to 4
weeks of paid annual leave for each year of service. Annual
leave accrues progressively. An employee classified as a
‘shiftworker’ is entitled to 5 weeks paid annual leave.
As per the NES.
Plus an employee will be entitled to additional annual
leave for each year of service or part thereof at a remote
locality as follows:
Townsville
Mt Isa
Alice Springs
Darwin
Yulara
Tennant Creek
Clause:
Loading
28.3
Notes
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
31.8
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
2 days
3 days
5 days
5 days
5 days
7 days
Amusement, Events & Recreation
Award 2010
Banking, Finance and Insurance
Award 2010
24
As per the NES.
NA
Nil
24.1
As per the NES.
24.3
Building & Construction General
On-Site Award 2010
38.1
As per the NES.
38.2
Car Parking Award 2010
25.1
As per the NES.
25.6
Cemetery Industry Award 2010
Children’s Services Award 2010
Cleaning Services Award 2010
24.1
24.1
29.1
As per the NES.
As per the NES.
As per the NES.
24.2
24.3
29.4
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
17.5%.
17.5%
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
62
Clerks – Private Sector Award
2010
29.1
As per the NES.
29.3
Educational Services (Teachers)
Award 2010
Fitness Industry Award 2010
Health Professionals & Support
Services Award 2010
21.1
As per the NES.
23.2
27.1
31
As per the NES.
As per the NES.
27.2
31.2
Horticulture Award 2010
Hospitality
Industry
(General)
Award 2010
Live Performance Award 2010
Local Government Industry Award
2010
25.1
34.1
As per the NES.
As per the NES.
25.6
34.2
19.1
25.1
As per the NES.
As per the NES.
19.3
25.4
Marine Tourism and Charter
Vessels Award 2010
Medical Practitioners Award 2010
21.1
As per the NES.
21.3
28.1
28.3
Nursery Award 2010
Nurses Award 2010
27.1
31.1
As per the NES.
Plus a Medical Practitioner required to work shifts
including weekends is entitled to an additional week’s
annual leave.
As per the NES.
As per the NES.
19.1
As per the NES.
19.2
29.1
As per the NES.
29.6
31.1
As per the NES.
31.3
Surveying Award 2010
Waste Management Award 2010
24.1
33.1
As per the NES.
As per the NES.
24.2
33.2
Water Industry Award 2010
27.1
As per the NES.
27.3
Professional Employees
2010
Quarrying Award 2010
SCHC & Disability
Industry Award 2010
Award
Services
27.4
31.4
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
17.5%.
17.5%.
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
17.5%.
17.5%.
17.5% (not payable for service of less than 12 months).
17.5% (the maximum amount of loading that an
employer may be required to pay in a year will not
exceed 70% of the minimum weekly rate for Level 11).
17.5%.
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
17.5%.
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
17.5%.
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
17.5%
17.5%. Shiftworkers are paid the higher of 17.5% or the
weekend and shift penalties the employee would have
received had they not been on leave during the relevant
period.
17.5%
63
64
** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply –
see Chapter on ‘Coverage’
2. State Awards
Award
Clause:
Quantity
Notes
Clause:
Loading
Notes
Charitable, Aged & Disability Care
Services (State) Award
19(i)-(ii)**
As per the Annual Holidays Act 1944.
Section 3(1)(b) = 4 weeks.
Plus:
Employees who work their ordinary hours on Sundays and/or PHs receive additional
annual leave if they have worked:
Full-time Employees
Permanent part-time
Employees
20(i)
17.5%. Shiftworkers are
paid the higher of 17.5%
or the weekend and
shift
penalties
the
employee would have
received had they not
been on leave during
the relevant period.
3 shifts or less
Nil
Nil
4 – 10 shifts
one day
0.2 weeks
11 – 17 shifts
two days
0.4 weeks
18 – 24 shifts
three days
0.6 weeks
25 – 31 shifts
four days
0.8 weeks
32 or more shifts
five days
1 week.
Charitable Institutions (Professional
Paramedic Staff) (State) Award
Charitable Sector Aged & Disability
Care Services (State) Award 2003
14.1
As per the Annual Holidays Act 1944.
Section 3(1)(b) = 4 weeks.
15.5
17.5%
19(i)-(ii)
As per 19(i)-(ii)** above.
20(i)
Entertainment & Broadcasting Industry
– Live Theatre & Concert (State) Award
Health, Fitness & Indoor Sport Centres
(State) Award
Nurses Other Than In Hospitals &c
(State) Award 2006
26.1
152 hours for each year of service.
26.3
17.5%. Shiftworkers are
paid the higher of 17.5%
or the weekend and
shift
penalties
the
employee would have
received had they not
been on leave during
the relevant period.
17.5%
17(a)
As per the Annual Holidays Act 1944.
Section 3(1)(b) = 4 weeks.
18(a)
17.5%
10(i)(a)
4 weeks.
Plus employees who are rostered to work their ordinary hours on Sundays and/or
11(ii)
17.5%
65
holidays receive:
# of ordinary shifts worked on
Sundays
and/or holidays
Additional payment
4 – 10
Nursing Home &c Nurses (State) Award
22(i)
22(ix)
Local Government (State) Award 2014
21D(i)
Local Government (Electricians) (State)
Award
17(i)
and
one-fifth of one week’s ordinary
salary
11 – 17
two-fifths of one week’s ordinary
salary
18 – 24
three-fifths of one week’s ordinary
salary
25 – 31
four-fifths of one week’s ordinary
salary
32 or more
one week’s ordinary salary
4 weeks. Employees who are required to work on a seven day basis – 6 weeks.
In addition, employees who work their ordinary hours on Sundays and/or public
holidays are entitled to:
# of shifts worked on Sundays and/or PHs
Additional payment
4 to 10
1
day’s
additional
annual leave
11 to 17
2 days additional annual
leave
18 to 24
3 days additional annual
leave
25 to 31
4 days additional annual
leave
32 or more
5 days additional annual
leave
4 weeks. 5 weeks if the employee is regularly required to work a 7 day a week
rotating roster system.
4 weeks.
23(i)
17.5%
NA
Nil
17(iv)
17.5%
66
Parental leave (paid and unpaid)
** Unless highlighted in GREEN the modern award cannot be used by local government entities as the LGIA will instead apply –
see Chapter on ‘Coverage’
1. Modern Awards
Award
Aged Care Award 2010
Clause:
Paid
NA
Notes
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
Australian Government Paid
Parental Leave Scheme
Eligible employees who are the
primary carer of a newborn or
adopted child get 18 weeks of
leave paid at the national
minimum wage.
These payments are made to
the employer first, who then
pays them to the employee.
These payments can be paid
before, after or at the same time
as other entitlements such as
annual leave and long service
leave.
Paid parental leave from the
Australian Government does not
affect or replace paid parental
leave from an employer (where
applicable) – an employee can
be paid both.
Clause:
Unpaid
6
Notes
As per the NES –
Parental leave
12 months of unpaid parental leave provided the
employee has completed 12 months of continuous
service.
An employee taking 12 months parental leave may
request an extension of a further 12 months leave (up
to 24 months in total).
Adoption leave
Employees who are taking parental leave to care for
an adopted child are also entitled to 2 days unpaid
pre-adoption leave to attend relevant interviews or
examinations.
Special maternity leave
An eligible employee is entitled to special maternity
leave is unfit for work due to a pregnancy-related
illness or if the pregnancy ends, not in the birth of a
living child.
A safe job and no safe job leave
A pregnant employee is entitled to be a transferred to
an ‘appropriate safe job’. The employer must pay the
employee at their full rate of pay for the position they
were in before the transfer and for the hours they
work during the risk period. If there is no appropriate
safe job available, and the employee is entitled to
unpaid parental leave then the employee is entitled to
take paid ‘no safe job leave’ for the risk period, and be
paid at their base rate of pay
67
Airport Employees Award 2010
NA
Amusement, Events & Recreation Award 2010
NA
Banking, Finance and Insurance Award 2010
NA
Building & Construction General On-Site Award 2010
NA
Car Parking Award 2010
NA
Cemetery Industry Award 2010
NA
Children’s Services Award 2010
NA
Cleaning Services Award 2010
NA
Clerks – Private Sector Award 2010
NA
Educational Services (Teachers) Award 2010
NA
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
33.1
A right to return to old job.
An employee is guaranteed to return to work
immediately following a period of unpaid parental
leave, entitling them to: their pre-parental leave
position, or if that position no longer exists, an
available position for which they are qualified and
suited, which is nearest in status and pay to their preparental leave position.
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
68
Fitness Industry Award 2010
NA
Health Professionals & Support Services Award 2010
NA
Horticulture Award 2010
NA
Hospitality Industry (General) Award 2010
NA
Live Performance Award 2010
NA
Local Government Industry Award 2010
NA
Marine Tourism and Charter Vessels Award 2010
NA
Medical Practitioners Award 2010
NA
Nursery Award 2010
NA
Nurses Award 2010
NA
Professional Employees Award 2010
NA
Quarrying Award 2010
NA
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
6
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
27
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
6
As per the NES.
69
SCHC & Disability Services Industry Award 2010
NA
Surveying Award 2010
NA
Waste Management Award 2010
NA
Water Industry Award 2010
NA
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
No entitlement to anything
above the Australian
Government’s Paid Parental
Leave Scheme.
6
As per the NES.
6
As per the NES.
6
As per the NES.
29
As per the NES.
** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply –
see Chapter on ‘Coverage’
2. State Awards
Award
Charitable, Aged & Disability Care Services
(State) Award
Clause:
Paid
38(b)(1)
Notes
Paid Maternity Leave – 9 weeks.
Paid Paternity Leave – 1 week.
Paid Adoption Leave – 3 weeks.
Clause:
Unpaid
38(i) and
38(b)(2)
Notes
**As per the IRA:
Section 54: Entitlement to unpaid parental leave: 52 weeks
(birth or adoption).
Section 70: Transfer to a safe job.
Section 71: Special maternity leave.
Section 72: Special adoption leave.
**Plus those entitlements set out in the NES as contained in
the FWA that are omitted from the IRA: i.e. unpaid preadoption leave and a safe job and paid no safe job leave.
Plus:
Unpaid Maternity Leave –
[As per the IRA].
Unpaid Paternity Leave –
An employee is entitled to a further period of unpaid paternity
leave of not more than three weeks.
Unpaid Adoption Leave –
[As per the IRA].
70
Charitable Institutions (Professional Paramedic
Staff) (State) Award
Charitable Sector Aged & Disability Care
Services (State) Award 2003
NA
Nil
31(1)
**As per the IRA.
38(b)(1)
Paid Maternity Leave – 9 weeks.
Paid Paternity Leave – 1 week.
Paid Adoption Leave – 3 weeks.
38(i) and
38(b)(2)
As per the IRA:
Section 54: Entitlement to unpaid parental leave: 52 weeks
(birth or adoption).
Section 70: Transfer to a safe job.
Section 71: Special maternity leave.
Section 72: Special adoption leave.
**Plus those entitlements set out in the NES as contained in
the FWA that are omitted from the IRA: i.e. unpaid preadoption leave and a safe job and paid no safe job leave.
Plus:
Unpaid Maternity Leave –
[As per the IRA].
Unpaid Paternity Leave –
An employee is entitled to a further period of unpaid paternity
leave of not more than three weeks.
Entertainment & Broadcasting Industry – Live
Theatre & Concert (State) Award
Health, Fitness & Indoor Sport Centres (State)
Award
Nurses Other Than In Hospitals &c (State)
Award 2006
Nursing Home &c Nurses (State) Award
Local Government (State) Award 2014
NA
Nil
30(i)
Unpaid Adoption Leave –
[As per the IRA].
**As per the IRA.
NA
Nil
15A(i)
**As per the IRA.
NA
Nil
14A(i)
**As per the IRA.
NA
21H(iii)
21I
21J
Nil
“Make-up” pay –
18 weeks. Covers the gap
between PPL instalments and the
employee’s ordinary pay.
26A(i)
21F
**As per the IRA.
**As per the IRA.
Concurrent parental leave –
2 weeks deducted from sick leave
entitlement.
Pre-adoption leave –
2 days paid pre-adoption leave.
Adoption leave –
71
Local Government (Electricians) (State) Award
NA
Child <5 years of age = 9 weeks
full pay or 18 weeks half pay; child
between 5-16 years = 4 weeks full
pay or 8 weeks half pay.
Nil
20A(i)
**As per the IRA.
72
Long service leave
** Unless highlighted in GREEN the modern award cannot be used by local government entities as the LGIA will instead apply –
see Chapter on ‘Coverage’
1. Modern Awards
Award
Clause:
Aged Care Award 2010
NA
Airport Employees Award 2010
Amusement, Events & Recreation Award 2010
Banking, Finance and Insurance Award 2010
Building & Construction General On-Site Award 2010
Car Parking Award 2010
Cemetery Industry Award 2010
Children’s Services Award 2010
Cleaning Services Award 2010
Clerks – Private Sector Award 2010
Educational Services (Teachers) Award 2010
Fitness Industry Award 2010
Health Professionals & Support Services Award 2010
Horticulture Award 2010
Hospitality Industry (General) Award 2010
Live Performance Award 2010
Local Government Industry Award 2010
Marine Tourism and Charter Vessels Award 2010
Medical Practitioners Award 2010
Nursery Award 2010
Nurses Award 2010
Professional Employees Award 2010
Quarrying Award 2010
SCHC & Disability Services Industry Award 2010
Surveying Award 2010
Waste Management Award 2010
Water Industry Award 2010
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
NA
Notes:
Under the NES, an employee is entitled to long service leave in accordance with their
applicable pre-modernised award. Modern awards (from 1 January 2010) cannot include
terms dealing with long service leave. If there are no award terms regarding long service
leave, the entitlement to long service leave comes from State and Territory laws. I.e. Long
Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
73
74
** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply –
see Chapter on ‘Coverage’
2. State Awards
Award
Charitable, Aged & Disability Care Services (State) Award
Clause:
21(i)(a)
Charitable Institutions (Professional Paramedic Staff)
(State) Award
Charitable Sector Aged & Disability Care Services (State)
Award 2003
18.1
Entertainment & Broadcasting Industry – Live Theatre &
Concert (State) Award
Health, Fitness & Indoor Sport Centres (State) Award
Nurses Other Than In Hospitals &c (State) Award 2006
Nursing Home &c Nurses (State) Award
NA
Local Government (State) Award 2014
21(i)(a)
25(a)
12
25(ii)
21E(i)
Notes
2 months long service leave on ordinary pay after ten years' service; thereafter additional long
service leave shall accrue on the basis of five months long service leave for each ten years' service.
This additional leave may be taken on a pro-rata basis each five years after completing the initial 10
year period of service.
As per the Long Service Leave Act 1955 (NSW).
2 months long service leave on ordinary pay after ten years' service; thereafter additional long
service leave shall accrue on the basis of five months long service leave for each ten years' service.
This additional leave may be taken on a pro-rata basis each five years after completing the initial 10
year period of service.
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
As per the Long Service Leave Act 1955 (NSW).
2 months after ten years' continuous service with the same employer; an additional 1 month after 15
years' continuous service; and for each five years' continuous service thereafter an additional one
and one-half months.
Where the service of an employee with at least five years' service is terminated, the employee shall
be entitled to long service leave as follows:
For the first five years’ service - one month.
For the next ten years’ service - a proportionate amount calculated on the basis of one month for
each additional five years.
For all subsequent service - a proportionate amount calculated on the basis of 1.5 months for each
additional five years.
An employee shall be entitled to Long Service Leave at the ordinary rate of pay as follows:
Length of Service
Entitlement
After 5 years' service
6.5 weeks
After 10 years' service
13 weeks
After 15 years' service
19.5 weeks
After 20 years' service
30.5 weeks
For every completed period of 5 years' service thereafter
11 weeks
Where an employee has completed more than five years service with the employer and is terminated
for any cause, long service leave shall be deemed to have accrued for the employee's total length of
service and an amount equivalent to such long service leave, less such leave already taken,
computed in monthly periods and equivalent to 1.3 weeks for each year of service up to 15 years
and 2.2 weeks for each year of service from 15 years onwards.
75
Local Government (Electricians) (State) Award
22(i)-(ii)
An employee upon completion of 10 years continuous service with the presently employing council
shall be entitled to long service leave on full pay as follows:
(a)
For employees engaged by the council prior to 1 July 1995
Length of Service
After 10 years
After 15 years
After 20 years
After every completed period of 5
years
(b)
Quantum of Leave
13 weeks
a further 8.5 weeks
a further 13.5 weeks
a further 13 weeks
For employees engaged by the council on or after 1 July 1995
Length of Service
After 10 years service
After 15 years service
After 20 years service
For every completed period of 5
years
service thereafter
Quantum of Leave
13 weeks
a further 6.5 weeks
a further 11 weeks
11 weeks
Where an employee has completed at least five years service but less than ten years service with
the council, and his/her employment is terminated by the council for any cause or by the employee
on account of illness or incapacity or domestic or other pressing necessity or death, the council shall
pay to such employee the monetary equivalent of a proportionate amount on the basis of 1.3 weeks
pay for each year of service computed in monthly periods.
76
Annexure E – Shift Penalties
** Unless highlighted in GREEN the modern award cannot be used by local government entities as the LGIA will instead apply –
see Chapter on ‘Coverage’
1. Modern Awards
Award
Aged Care Award 2010
Airport Employees Award 2010
Clause
26.1
28.1
28.2
Notes
All shift loadings are payable for the entire shift
●
Afternoon shift commencing at 10.00 am and before 1.00 pm includes an additional payment of 10%
●
Afternoon shift commencing at 1.00 pm and before 4.00 pm includes an additional payment of 12.5%
●
Night shift - commencing at 4.00 pm and before 4.00 am includes an additional payment of 15%
●
Night shift - commencing at 4.00 am and before 6.00 am includes an additional payment of 10%
A shift worker receives an additional 15% loading for any hours between 6:00pm and 6:30am whilst working a
shift.
Where a shift falls wholly within the hours of 6:00pm and 8:00am, a loading of 30% is payable where the
worker only works those shifts, works them for a period in excess of four weeks or works such a shift which
does not rotate or alternate with another shift or day work so as to give at least one third of working time off
such shift in each shift cycle.
Amusement, Events & Recreation Award 2010
Banking, Finance and Insurance Award 2010
N/A
28.8
Building & Construction General On-Site Award 2010
34
No provision for shift penalties
All shift loadings are payable for the entire shift
●
Afternoon shift means any shift finishing between 6pm and midnight – 20% loading
●
Early morning shift means any shift commencing between 4am and 7am – 12.5% loading
●
Night shift means any shift finishing between midnight and 8am – 25% loading; and
●
Employees who permanently work afternoon or night shift or a combination thereof will be paid an
additional 5% loading.
***Provided that employees who, in accordance with this clause, work ordinary hours up to 9.00 pm on any
one night between Monday to Friday inclusive, will not be considered shiftworkers for the purposes of this
award.
The shifts for general building, construction, metal or engineering construction workers are:
●
afternoon shift means a shift commencing at or after 1.00 pm and before 3.00 pm – loading of 50%
●
night shift means a shift commencing at or after 3.00 pm and before 11.00 pm – loading of 50%
●
morning shift means a shift commencing at or after 4.30 am and before 6.00 am – loading of 25%
●
early afternoon shift means a shift commencing on or after 11.00 am and before 1.00 pm – loading of
25%
Civil construction sector workers have a different system:
●
●
●
day shift means any shift starting on or after 6.00 am and before 10.00 am
afternoon shift means any shift starting at or after 10.00 am and before 8.00 pm
night shift means any shift starting at or after 8.00 pm and before 6.00 am
77
Car Parking Award 2010
Cemetery Industry Award 2010
Children’s Services Award 2010
23.4
N/A
23.3
Employees who work afternoon or evening shift receive a loading of 15% whilst working that shift. An
employee who works more than four successive weeks receives a loading of 30%
Afternoon shift is defined as work undertaken between 7:00pm and midnight, and night shift is work
undertaken between midnight and 7 am is night shift.
A loading of 12.5% is payable during either of these shifts, except where an employee works on a night shift
which does not alternate with another shift or day work, in which case they receive a loading of 25%
No provision for shift work. Work outside of ordinary hours is considered overtime
●
●
●
Any shift commencing at or after 5.00 am and before 6.00 am includes an allowance of 10%
Any shift finishing after 6.30 pm and at or before midnight includes an allowance of 15%
A shift finishing after midnight and at or before 8.00 am or any shift commencing at or before midnight
and finishing before 5.00 am is considered a night shift and includes an allowance of 17.5%
●
Cleaning Services Award 2010
Clerks – Private Sector Award 2010
27.1
28
Educational Services (Teachers) Award 2010
Fitness Industry Award 2010
Health Professionals & Support Services Award 2010
N/A
N/A
29
Horticulture Award 2010
22.2
Hospitality Industry (General) Award 2010
N/A
Live Performance Award 2010
Local Government Industry Award 2010
Marine Tourism and Charter Vessels Award 2010
N/A
23.1
N/A
Medical Practitioners Award 2010
25
Any night shift system in which night shifts do not rotate or alternate with another shift so as to give the
employee at least one third of their working time off night shift in each roster cycle incur 30% loading
Employees receive a 15% loading for all ordinary hours worked in a shift that starts before 6:00am or finishes
after 6:00pm (except for overtime).
Where shifts finish after midnight and at or before 8:00am do not rotate or alternate with another shift or day
work, then the employee will be paid a loading of 30% for all hours worked.
Afternoon shift is defined as work undertaken between 7:00pm and midnight, and night shift is work
undertaken between midnight and 7 am is night shift.
A loading of 15% is payable during either of these shifts, except where an employee works on a night shift
which does not alternate with another shift or day work, in which case they receive a loading of 30%
No provision for shift work.
No provision for shift work
Where ordinary hours finish between 6.00 pm and 8.00 am or commence between 6.00 pm and 6.00 am, the
employee will be paid an additional 15% of their ordinary rate of pay.
Afternoon shift is defined as work undertaken between 6:00pm and midnight, and night shift is work
undertaken between midnight and 8 am is night shift. Both shifts incur a loading of 15%. Shifts cannot exceed
8 hours without the payment of overtime.
No provision for shift work
No provision for shift work
Weekday penalty loading of 20% for ordinary hours worked outside the span of hours.
No provision for shift work, although there are loadings payable depending on the charter for overnight charter
employees in clause 20.4.
A shift worker is defined as an employee who is regularly rostered to ordinary hours outside of the span.
Different shift work arrangements apply to different functions.
Doctors in training:
●
Ordinary hours that commence or end between the hours of 9.00 pm and 6.00 am will be paid an
additional 2.5% of the weekly rate for each such occasion.
78
Career Medical Practitioners and Senior Career Medical Practitioners
●
●
For ordinary hours worked between 6.00 pm and midnight Monday to Friday incur a penalty of 12.5%;
For ordinary hours worked between midnight and 8.00 am, midnight Sunday incur a penalty of 25%;
Senior Doctors:
●
For ordinary hours worked between 6.00 pm and midnight Monday to Friday, a penalty of 12.5% will
apply.
Community Medical Practitioners
●
For ordinary hours worked between 5.00 am and before 6.30 am and or finishing between 6.00 pm
and before midnight will incur a penalty of 2.5%;
●
Nursery Award 2010
Nurses Award 2010
N/A
29
Professional Employees Award 2010
N/A
Quarrying Award 2010
25.725.10.
Social, Community, Home Care & Disability Services
Industry Award 2010
29
Surveying Award 2010
Waste Management Award 2010
N/A
28
For ordinary hours worked between for any shift or part of a shift which is rostered between midnight
and 5.00 am incurs a penalty of 4%. If worked permanently (over four consecutive weeks), the
penalty is 5%.
No provision for shift work
All employees except Registered Nurses Levels 4 and 5 entitled to the following:
●
12.5% loading on ordinary pay for any shift (between Monday and Friday) commencing not earlier than
12.00 noon and finishing after 6.00 pm on the same day
●
15% loading on any shift (between Monday and Friday) commencing on or after 6.00 pm and finishing
before 7.30 am on the following day
No provision for shift work, but cl. 19.3 provides a definition of shift worker for purposes of determining
entitlement to additional week of annual leave under the NES.
From Monday to Friday:
●
Any shift finishing after 6pm and at or before midnight includes an allowance of 15 extra for such shift%
●
Any shift finishing after midnight and at or before 8am includes an allowance of 15 extra for such shift%.
If this is a permanent arrangement, the penalty is 30%
Weekend shifts are subject to weekend penalty rates
The following loadings are payable for the entire shift:
●
12.5% loading on ordinary pay for any shift finishing after 8pm and at or before 12 midnight Monday to
Friday
●
15% loading on any shift that finishes after midnight or commences before 6:00 am Monday to Friday
No provision for shift work
●
●
●
●
Afternoon shift means a shift where the ordinary hours worked finish after 6.30 pm but not later than
12.30 am. The employee is entitled to a loading of 17.5% of the relevant minimum weekly rate.
Night shift means a shift where the ordinary hours worked finish after 12.30 am and at or before 8.30 am.
The employee is entitled to a loading of 30% of the relevant minimum weekly rate.
Casual loading paid in addition to shift allowances.
If the majority of the shift falls on a Saturday, Sunday, or Public Holidays, those penalty rates will apply
79
Water Industry Award 2010
25.5
●
●
Any shift, other than a 12 hour shift, finishing after 6pm and at or before midnight includes a loading of
15% loading for all ordinary time worked on that shift
Any shift finishing after midnight and at or before 8am includes a loading of 30% loading for all ordinary
time worked on that shift
80
** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply –
see Chapter on ‘Coverage’
2. State Awards
Award
Charitable, Aged and Disability Care Services (State)
Award
Clause
15
Charitable Institutions (Professional Paramedical Staff)
(State) Award
8
Charitable Sector Aged and Disability Care Services
(State) Award
15
Entertainment and Broadcasting Industry – Live
Theatre and Concert (State) Award
22.1.2
Health, Fitness and Indoor Sport Centres (State)
Award
Nurses, Other Than In Hospitals (State) Award 2006
7(d)-(e)
2(vii)
Notes
Full time employees receive the following percentages in addition to their ordinary pay for shifts rostered as
follows:
●
10% for afternoon shift commencing after 10:30 a.m. and before 1:00 p.m.
●
12.5% for afternoon shift commencing at or after 1:00 p.m. and before 4:00 p.m.
●
15% for night shift commencing at or after 4:00 p.m. and before 4:00 a.m.
●
10% for night shift commencing at or after 4:00 a.m. and before 6:00 a.m.
Employees working less than full time hours shall only be entitled to the additional rates where their shifts
commence prior to 6 am or finish subsequent to 7pm
The shifts for shift workers are defined as follows:
●
"Day shift" means a shift which commences at or after 6.00 a.m. and before 10.00 a.m.
●
"Afternoon shift" means a shift which commences at or after 10.00 a.m. and before 4.00 p.m.
●
"Night shift" means a shift which commences at or after 4.00 p.m. and before 6.00 a.m. on the day
following.
The following loadings are payable in addition to the ordinary rate for the shift:
●
Afternoon shift commencing at 10am. and before 1pm. - 10 %.
●
Afternoon shift commencing at 1pm and before 4.00pm. - 12.5%.
●
Night shift commencing at 4pm and before 4am - 15 %.
●
Night shift commencing at 4am. and before 6am. - 10 %.
An employer may only engage certain workers as shift workers by written consent.
Full time employees receive the following percentages in addition to their ordinary pay for shifts rostered as
follows:
●
10% for afternoon shift commencing after 10:30 a.m. and before 1:00 p.m.
●
12.5% for afternoon shift commencing at or after 1:00 p.m. and before 4:00 p.m.
●
15% for night shift commencing at or after 4:00 p.m. and before 4:00 a.m.
●
10% for night shift commencing at or after 4:00 a.m. and before 6:00 a.m.
Employees working less than full time hours shall only be entitled to the additional rates where their shifts
commence prior to 6 am or finish subsequent to 7pm
Ordinary hours for a Theatrical Employee engaged specifically as a cleaner may be worked outside the spread
of ordinary hours between midnight and 7am, provided that the employee receives a 20% loading for hours
worked.
Employees will be paid a loading of 30% for all ordinary hours worked between midnight and 6am, except for
employees principally engaged as cleaners, who receive a 15% loading.
Full time employees receive the following percentages in addition to their ordinary pay for shifts rostered as
follows:
●
10% for afternoon shift commencing after 10:30 a.m. and before 1:00 p.m.
●
12.5% for afternoon shift commencing at or after 1:00 p.m. and before 4:00 p.m.
●
15% for night shift commencing at or after 4:00 p.m. and before 4:00 a.m.
81
●
10% for night shift commencing at or after 4:00 a.m. and before 6:00 a.m.
Employees working less than full time hours shall only be entitled to the additional rates where their shifts
commence prior to 6 am or finish subsequent to 6pm
Full time employees receive the following percentages in addition to their ordinary pay for shifts rostered as
follows:
●
10% for afternoon shift commencing after 10:30 a.m. and before 1:00 p.m.
●
12.5% for afternoon shift commencing at or after 1:00 p.m. and before 4:00 p.m.
●
15% for night shift commencing at or after 4:00 p.m. and before 4:00 a.m.
●
10% for night shift commencing at or after 4:00 a.m. and before 6:00 a.m.
Nursing Homes, &c., Nurses' (State) Award
Local Government (State) Award
18C
Local Government (Electricians) (State) Award
N/A
Employees working less than full time hours shall only be entitled to the additional rates where their shifts
commence prior to 6 am or finish subsequent to 6pm
Generally, ordinary hours worked outside the span of 6am to 6pm will attract a loading of 20% for the hours
actually worked, except as provided for in clause 18C(ii), which provides for different spread of hours for some
functions.
No provision for shift work
82
Annexure F – Weekend Penalty Rates
** Unless highlighted in GREEN the modern award cannot be used by local government entities as the LGIA will instead apply –
see Chapter on ‘Coverage’
1. Modern Awards
Award
Aged Care Award 2010
Airport Employees Award 2010
Clause:
Saturday
23.1
30.1(a)
Notes
Time and a half – 150%
Amusement, Events & Recreation Award 2010
23
No penalty rate
23.3
Banking, Finance and Insurance Award 2010
23.1(b)
23.1(c)
Building & Construction General On-Site Award 2010
37
Car Parking Award 2010
Cemetery Industry Award 2010
23.5(a)
23.1(a)
Children’s Services Award 2010
23.4(a)
Cleaning Services Award 2010
Clerks – Private Sector Award 2010
27.2(a)
27.2(a)
Ordinary hours are Monday to 12 noon
Saturday – overtime worked on a Saturday is
paid at double time.
Ordinary hours are Monday to Friday –
overtime on Saturday payable at time and a
half for the first two hours, double time
thereafter.
Time and a half – 150%
Ordinary hours are Monday to Friday –
overtime on Saturday payable at time and a
half for the first two hours, double time
thereafter.
Ordinary hours are Monday to Friday –
overtime on Saturday payable at time and a
half for the first two hours, double time
thereafter, with a minimum payment of four
hours.
Time and a half – 150%
Time and a quarter (125%) within the spread
of 7:00am to 12:30pm. Hours outside of this
are overtime.
Educational Services (Teachers) Award 2010
Fitness Industry Award 2010
N/A
26.3(a)
Health Professionals & Support Services Award 2010
24, 26.1
Ordinary hours are Monday to Friday –
overtime on Saturday payable at time and a
half for the first three hours, double time
thereafter.
Time and a quarter (125%)
Generally, span of hours is Monday to Friday,
with the following exceptions:
●
Private practice span of hours on
Saturday from 8:00am to 4:30pm, paid at
Clause:
Sunday
23.1
30.1(b)
Notes
Time and three quarters – 175%
Ordinary hours are Monday to Friday –
overtime on Sunday payable at, double time.
Time and a half (150%) with a minimum
payment of four hours
Double time (200%).
37
Ordinary hours are Monday to Friday –
overtime on Sunday payable at, double time
with a minimum payment of four hours.
23.5(b)
23.1(b)
Double time (200%)
Ordinary hours are Monday to Friday –
overtime on Sunday payable at, double time
with a minimum payment of four hours.
23.4(c)
Ordinary hours are Monday to Friday –
overtime on Sunday payable at, double time
with a minimum payment of four hours.
27.2(b)
27.2(b)
Double time – 200%
Double time – 200% with a minimum period of
four hours, provided the employee is available
to work for four hours.
N/A
26.3(b)
24.3(b)
Double time – 200%
Hours on Sunday are overtime, with the
exception of a seven day practice, where the
span of hours on a Sunday are 7:00am to
9:00pm and paid at time and a half.
83
time and a half
Physiotherapy practices span of hours
on Saturday are 6:00am to 12 noon, paid
at time and a half.
●
Five and a half day practice span of
hours on Saturday are 8:00am to
1:00pm, paid at time and a half
●
Seven day practice is from 7:00am to
9:00pm, paid at time and a quarter
Ordinary hours are Monday to Friday, unless
there is an arrangement between the
employer and the majority of the employees.
●
Horticulture Award 2010
22,24.2(b
)
22, 24.2
If overtime is worked on Saturday, then it is
paid at time and a half. If employees are
required to work Saturday, but the majority
want to work Sunday instead, then that work
will be paid as if it was a Saturday.
Hospitality Industry (General) Award 2010
32.1
Time and a quarter (125%)
Live Performance Award 2010
26,
35.5
Saturdays are considered ordinary hours.
Casuals receive a 50% loading between 7am
Saturday and 7am Sunday.
Ordinary hours are Monday to Friday, unless
there is an arrangement between the
employer and the majority of the employees.
If overtime is worked on Sunday, then it is
paid at double time, with the exception of the
harvest period, where the first 5 hours are
paid at time and a half.
32.1
Time and three quarters (175%)
28.5
If the employee is engaged by the week or
longer, and the work is in addition to the
prescribed weekly hours, then the employee
receives an additional one third of their weekly
wage.
If the Sunday work is performed within the
prescribed weekly hours, the employee is
entitled to an additional one sixth of their
weekly wage.
Local Government Industry Award 2010
Marine Tourism and Charter Vessels Award 2010
23.2(a)
Generally, Ordinary hours are Monday to
Friday, with the following exceptions:
●
Employees who work in a role or area
specified in clause 21.2(b) will be paid
time and a half
●
Recreation centres and community
services are not entitled to any penalty
on Saturday where they work between
the hours of 5:00am and 10:00pm.
Saturday is ordinary hours.
22.1
A casual employee performing will receive
double the prescribed minimum rate. When
rehearsing, the casual employee will receive
double the casual hourly rehearsal rate, with a
minimum payment of four hours.
Generally, Ordinary hours are Monday to
Friday, with the following exceptions:
●
Employees who work in a role or area
specified in clause 21.2(b) will be paid
time and three quarters
●
Recreation centres and community
services are not entitled to any penalty
on Sunday where they work between the
hours of 5:00am and 10:00pm.
Sunday is overtime for non-overnight charter
84
employees, payable at time and a half for the
first two hours and double time thereafter.
Medical Practitioners Award 2010
23
Payment for all work is at the rate of time and
a half
23
Nursery Award 2010
Nurses Award 2010
Professional Employees Award 2010
Quarrying Award 2010
24.2(d)
26.1
18
25.1, 25.9
Penalty rate of time and a quarter (125%)
Penalty rate of time and a half (150%)
Ordinary hours – no penalty rates
Generally ordinary hours are Monday to
Friday, unless the majority of employees
agree to another spread.
24.2(e)
26.2
18
25.1,
25.10
Social, Community, Home Care & Disability Services
Industry Award 2010
Surveying Award 2010
26
Waste Management Award 2010
31.1
Water Industry Award 2010
25,
26.2(b)
21,23
If ordinary hours are on Saturday, the penalty
is time and a half for the first two hours than
double time thereafter.
Time and a half (150%)
Ordinary hours are Monday to Friday.
Employees are paid overtime on Saturday,
which is time and a half for the first three
hours, double time thereafter.
Payment of at least four hours at overtime
rates of time and a half for the first two hours
and double time thereafter.
Ordinary hours are Monday to Friday.
Overtime worked on Saturday is paid at time
and a half for the first two hours and double
time thereafter, with a minimum payment of
three hours.
Payment for all work is at the rate of time and
a half
Penalty rate of double time (200%)
Penalty rate of time and three quarters (175%)
Ordinary hours – no penalty rates
Generally ordinary hours are Monday to
Friday, unless the majority of employees
agree to another spread.
If ordinary hours are on Sunday, the penalty is
double time.
26
Double time (200%)
21,23
Ordinary hours are Monday to Friday. Sunday
work is payable at double time for all hours
worked.31.1
31.4
All hours on Sunday are paid at double time,
with a minimum payment of four hours.
25,
26.2(c)
Ordinary hours are Monday to Friday.
Overtime worked on Sunday is paid at double
time, with a minimum period of three hours.
85
** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply –
see Chapter on ‘Coverage’
2. State Awards
Award
Charitable, Aged and Disability Care Services (State)
Award
Charitable Institutions (Professional Paramedical Staff)
(State) Award
Charitable Sector Aged and Disability Care Services
(State) Award
Entertainment and Broadcasting Industry – Live
Theatre and Concert (State) Award
Health, Fitness and Indoor Sport Centres (State)
Award
Nurses, Other Than In Hospitals (State) Award 2006
Clause:
Saturday
15(iii)(a)
Time and a half (150%)
Clause:
Sunday
15(iii)(b)
Time and three quarters (175%)
9.1(a)
Time and a half (150%)
9.1(b)
Time and three quarters (175%)
15(iii)(a)
Time and a half (150%)
15(iii)(b)
Time and three quarters (175%)
N/A
No penalty for working ordinary hours on a
Saturday
25
Double time (200%) with a minimum payment
of four hours
9(a)
Time and a quarter (125%)
9(b)
Time and a half (150%)
8(i)(a)
8(ii)(b)
Time and a half for the first two hours, then
double time thereafter, except where a shift
worker is required to work Saturday as part of
their ordinary hours, in which case they are
paid a loading of time and a quarter (125%)
for all hours worked.
Time and a half (150%)
Time and a quarter (125%), except for
employees engaged in the functions listed in
cl.18B(ii), in which case time and a half
(150%)
Overtime payment of time and a half for the
first two hours, then double time thereafter.
Any overtime after noon is payable at double
time.
8(i)(a)
8(ii)(b)
Double time, except where a shift worker is
required to work Sunday as part of their
ordinary hours, in which case they are paid a
loading of time and a half (150%) for all hours
worked.
12(iv)
18B(i)
18B(ii)
Time and three quarters (175%)
Time and a half (150%), except for employees
engaged in the functions listed in cl.18B(ii), in
which case double time (200%)
13(iii)
Overtime payment of double time for all time
worked.
Nursing Homes, &c., Nurses' (State) Award
Local Government (State) Award
12(iv)
18B(i)
18B(ii)
Local Government (Electricians) (State) Award
13(ii)
Notes
Notes
86
Annexure G – Overtime Rates
** Unless highlighted in GREEN the modern award cannot be used by local government entities as the LGIA will instead apply –
see Chapter on ‘Coverage’
1. Modern Awards
Award
Aged Care Award 2010
Clause
25.1
Airport Employees Award 2010
30
Amusement, Events & Recreation Award 2010
Banking, Finance and Insurance Award 2010
23.1
23.1
Building & Construction General On-Site Award 2010
36
Car Parking Award 2010
Cemetery Industry Award 2010
23
23
Children’s Services Award 2010
Cleaning Services Award 2010
23.2
28
Clerks – Private Sector Award 2010
Educational Services (Teachers) Award 2010
27
N/A
Fitness Industry Award 2010
26
Health Professionals & Support Services Award 2010
28
Horticulture Award 2010
24.2
Notes
●
●
●
Monday to Friday rate is time and half for first two hours, double time thereafter
Weekends, rate is double time
For public holidays, rate is double time and a half
●
For a day worker, overtime from Monday to Saturday is time and a half for the first three hours, then
double time thereafter. On Sunday, overtime rate is double time for all overtime worked.
●
For a shift worker, overtime from Monday to Friday is time and a half for the first three hours, then double
time thereafter. On Saturday and Sunday, overtime rate is double time for all overtime worked.
●
●
●
●
●
●
Overtime rate is time and a half for first three hours, double time thereafter.
Overtime rate is time and a half for the first three hours and double time thereafter;
Double time for all work on Saturday outside an employee’s weekly hours; and
Double time for all work performed on Sunday.
Overtime rate from Monday to Friday is time and a half for the first two hours, double time thereafter.
Overtime rate on Saturdays time and a half for the first two hours and double time thereafter, provided
that all overtime worked after 12 noon on Saturday must be paid for at the rate of double time.
Overtime on Sunday is paid at double time, with a minimum payment of four hours
All overtime is payable at time and half for the first two hours, double time thereafter.
Overtime rate for Monday to Saturday is time and a half for the first two hours, double time thereafter
Overtime on Sunday is double time
Overtime is time and a half for the first two hours, and double time thereafter
Overtime from Monday to Saturday is time and a half for the first two hours, double time thereafter
Overtime on Sunday is at the rate of double time
Overtime on a public holiday is double time and a half
Overtime rate is time and a half for the first two hours, double time thereafter
●
●
●
●
●
●
●
●
●
●
●
●
●
●
●
●
Overtime from Monday to Saturday is time and a half for the first two hours, double time thereafter
Overtime on Sunday is at the rate of double time
Overtime from Monday to Saturday is time and a half for the first two hours, double time thereafter
Overtime on Sunday is at the rate of double time
Overtime from Monday to Saturday is time and a half
Overtime on Sunday is at the rate of double time, except for harvest time, with a minimum payment of
three hours
During harvest period, the first eight hours of overtime in a week may include five hours work on a
87
Hospitality Industry (General) Award 2010
33.3
Live Performance Award 2010
28.1
Local Government Industry Award 2010
24.2
Marine Tourism and Charter Vessels Award 2010
Medical Practitioners Award 2010
22
24.1
Nursery Award 2010
26
Nurses Award 2010
28.1
Professional Employees Award 2010
18.3
Quarrying Award 2010
28.1
Social, Community, Home Care & Disability Services
Industry Award 2010
28
●
●
●
●
●
●
●
●
●
●
●
●
●
●
●
●
●
●
●
●
●
●
Surveying Award 2010
Waste Management Award 2010
Water Industry Award 2010
23
30.1
26.2
●
●
●
●
●
Sunday at the rate of time and a half, but all Sunday work in excess of the eighth overtime hour worked in
the week, or in excess of five hours on a Sunday, will be paid at the rate of double time.
Monday to Friday rate is time and half for first two hours, double time thereafter
Weekends, rate is double time
On a rostered day off, the rate of overtime is double time with a minimum payment of four hours.
Overtime rate for employees engaged by the week or a longer period is time and half for first two hours,
double time thereafter
Overtime from Monday to Saturday is time and a half for the first two hours, double time thereafter
Overtime on Sunday is at the rate of double time
Overtime is paid at time and a half for the first two hours and double time thereafter
Overtime rate for Monday to Saturday is time and a half for the first two hours, double time thereafter
Overtime on Sunday is double time
For public holidays, rate is double time and a half
Overtime rate for Monday to Saturday is time and a half for the first three hours, double time thereafter
Overtime on Sunday is double time
For public holidays, rate is double time and a half
Overtime rate for Monday to Saturday is time and a half for the first two hours, double time thereafter
Overtime on Sunday is double time
For public holidays, rate is double time and a half
No overtime rate, but employers may compensate for additional hours by other means, such as a special
allowance or additional leave
Overtime rate from Monday to Saturday is time and a half for the first two hours, double time thereafter.
Overtime on a Sunday is double time with a minimum payment of four hours
For full time disability services, home care and day care employees: from Monday to Saturday, payment
will be made at the rate of time and a half for the first two hours and double time thereafter;
Overtime rate for part time and casual employees is time and a half for the first two hours, double time
thereafter.
For full time social and community services and crisis accommodation employees: from Monday to
Saturday, the rate is time and a half for the first three hours and double time thereafter;
All overtime on Sunday for all employees is paid at the rate of double time.
Overtime rate is time and a half for the first three hours, double time thereafter
Overtime rate is time and a half for the first two hours, double time thereafter
Overtime rate from Monday to Saturday is time and a half for the first two hours, double time thereafter.
Overtime on a Sunday is double time
88
** Unless highlighted in GREEN the state award cannot be used by councils/local government entities as the LG State Award will instead apply –
see Chapter on ‘Coverage’
2. State Awards
Award
Charitable, Aged and Disability Care Services (State)
Award
Clause
10
Charitable Institutions (Professional Paramedical Staff)
(State) Award
Charitable Sector Aged and Disability Care Services
(State) Award
13
Entertainment and Broadcasting Industry – Live
Theatre and Concert (State) Award
24
10
Notes
●
●
●
●
●
Monday to Saturday rate is time and half for first two hours, double time thereafter
Sunday rate is double time for all hours worked
For public holidays, rate is double time and a half
Monday to Saturday rate is time and half for first two hours, double time thereafter
Sunday rate is double time for all hours worked
●
●
●
●
Monday to Saturday rate is time and half for first two hours, double time thereafter
Sunday rate is double time for all hours worked
For public holidays, rate is double time and a half
For weekly employees:
o
For all work performed in excess of the rostered daily hours, the rate is time and on half for the
first 2 hours and double time thereafter.
o
For all work performed on a rostered day off the rate is time and a half for the first 4 hours and
double time thereafter.
o
For all the work performed in excess of the weekly total of hours, the rate is time and a half.
o
For all work performed after a break in working hours prescribed to be worked consecutively or
continuously, the rate is time and a half.
Part time employees who perform work in excess of 38 ordinary hours per week are paid time and one half
for the first 2 hours and double time thereafter.
Casual employees receive time and a half for the first two hours, double time thereafter for all occasions of
overtime
For all employees, overtime on Sunday is paid at double time with a minimum payment of four hours
Overtime is paid at time and a half for the first two hours, double time thereafter
●
●
●
●
Health, Fitness and Indoor Sport Centres (State)
Award
Nurses, Other Than In Hospitals (State) Award 2006
Nursing Homes, &c., Nurses' (State) Award
8
Local Government (State) Award
19A
●
●
●
●
●
Local Government (Electricians) (State) Award
13
●
●
7
18
●
Overtime is paid at time and a half for the first two hours, double time thereafter
Monday to Saturday rate is time and half for first two hours, double time thereafter
Sunday rate is double time for all hours worked
For public holidays, rate is double time and a half
Overtime from Monday to Saturday until 12 noon is time and a half for the first two hours, double time
thereafter
Overtime after 12 noon on Saturday or on Sunday is at the rate of double time
Overtime from Monday to Saturday until 12 noon is time and a half for the first two hours, double time
thereafter
Overtime after 12 noon on Saturday or on Sunday is at the rate of double time
89
Annexure H – Rates of Pay
Note 1: Pay rates for comparison applicable in the 2014/2015 financial year.
Note 2: * means a 35 hour per week employee in accordance with clause 18A(ii) of the Local Government (State) Award 2014
Position
Local Government (State) Award 2014
Classification
Rate of pay
Comparison Awards
Comparator Award
Accountant
Band 3 Level 2
$34.55*
Banking, Finance and Insurance
Award 2010
Airport Employees Award 2010
Aerodrome Groundsman
Band 1 Level 3
$21.17
Baths attendant
Band 1 Level 3
$21.27
Car parking attendant
Child care helper
Band 1 Level 2
Band 1 Level 2
$19.70
$19.70
Child care assistant (qualified,
Diploma in Children’s Services or
equivalent)
Child care centre director
Cleaner
Clerical (general admin and
reception)
Clerical (more advanced e.g.
preparation of financial reports)
Cook (general)
Band 1 Level 2
$23.19
Hospitality
Industry
(General)
Award 2010
Car Parking Award 2010
Social, Community, Home Care &
Disability Services Industry Award
2010
Children’s Services Award 2010
Band 3 Level 2
Band 1 Level 2
Band 1 Level 3
$34.55*
$19.70
$22.99*
Band 2 Level 2
Classification
Rate of pay
Level 5
$22.67
Level 2
$19.98
$18.64
Level 3
Level 2
Level 1,
Point 2
Pay
$18.36
$18.99
Level 4.1
$23.13
Children’s Services Award 2010
Cleaning Services Award 2010
Clerks – Private Sector Award 2010
Level 6.3
Level 2
Level 2 – Year 2
$28.59
$18.64
$20.00
$28.87*
Clerks – Private Sector Award 2010
Level 5
$22.67
Band 1 Level 3
$21.27
Depot Hand
Engineer
Band 1 Level 2
Band 3 Level 2
$19.70
$34.55*
Fitter
Band 2 Level 1
$23.19
Hospitality
Industry
(General)
Award 2010
Waste Management Award 2010
Professional Employees Award
2010
Building & Construction General
On-Site Award 2010
Level 3
$18.64
Level 2
Level 3
$18.31
$28.97
CW/ECW3
$20.13
90
Garbage truck driver (one man
operation)
Gardener (basic skill)
Gravedigger
Haul truck driver / operator
Band 1, Level 4
$23.45
Waste Management Award 2010
Level 6
$19.62
Band 1 Level 2
Band 1 Level 2
$19.70
$19.70
Band 1 Level 3
$21.17
Nursery Award 2010
Cemetery Industry Award 2010
Quarrying Award 2010
Grade 1B
Class 2
Grade 3
17.35
$18.02
$18.51
Home care employee / personal
care employee
Labourer
Band 1 Level 3
$21.17
Aged Care Award 2010
Level 4
$19.64
Band 1 Level 2
$19.70
CW/ECW 1
(level d)
$18.69
Nurse (qualified)
Band 3 Level 1
$26.59
Building & Construction General
On-Site Award 2010
Nurses Award 2010
$22.96
Nurseyman (trades qualified)
Payroll officer
Band 2 Level 1
Band 2 Level 1
$23.19
$25.18*
RN Level 1 Pay
Point 4
Grade 4
Level 3
Plant mechanic
Band 2 Level 1
$23.19
CW/ECW 2
$19.08
Plant operator (example concrete
blatching plant)
Plant operator (large plant e.g.
large excavator, front end loader)
Plant operator (final finish e.g.
road roller 8 ton and above)
Plumage and draining inspector
Pool attendant
Pool supervisor
Senior engineer
Band 1 Level 3
$21.17
CW/ECW 2
$19.08
Band 1 Level 4
$23.45
Grade 4
$19.06
Band 1 Level 4
$23.45
CW/ECW 4
$20.76
Band 2 Level 3
Band 1 Level 3
Band 2 Level 2
Band 3 Level 3
$31.82
$21.17
$26.59
$40.24*
Level 6
Level 2
Level 6
Level 4
$22.58
$17.35
$22.18
$32.67
Showground supervisor
Band 1 Level 3
$21.17
Grade 3
$18.64
Street
Sweeping
Machine
Operator
Surveyor
Teacher (early childhood, four
year trained, entry level)
Band 1 Level 3
$21.17
Building & Construction General
On-Site Award 2010
Water Industry Award 2010
Fitness Industry Award 2010
Fitness Industry Award 2010
Professional Employees Award
2010
Amusement, Events & Recreation
Award 2010
Waste Management Award 2010
Level 4
$18.88
Band 3 Level 1
Band 3 Level 1
$28.87*
$28.87*
Surveying Award 2010
Educational Services (Teachers)
Award 2010
Level 6
Level 3
$23.59
$23.57
Nursery Award 2010
Banking, Finance and Insurance
Award 2010
Building & Construction General
On-Site Award 2010
Building & Construction General
On-Site Award 2010
Quarrying Award 2010
$19.64
$20.74
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Usher
Works supervisor
Band 1 Level 2
Band 2 Level 2
$19.70
$26.59
Live Performance Award 2010
Building & Construction General
On-Site Award 2010
Level 2
Clause 43.2(a)
$18.34
$23.43
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Appendix A – Selecting the representative state and federal awards
Selecting the representative state awards
In November 2014, an email was sent to councils asking them to complete a short on-line survey. The survey asked ‘which of the below
listed state awards are used by your council when engaging employees?’ The survey listed 19 state awards (including the LG Award). In
total, 115 councils responded to the survey. Of the 19 state awards presented, 8 (excluding the LG Award) were confirmed as being used by
councils when engaging employees.
Selecting the representative federal awards
At the time of writing, there are 137 modern awards in operation. LGNSW selected 27 which are the most representative federal comparators
for the local government industry. Particular attention was paid to aged care, clerks, professional employees, and the fitness, water and waste
industries.
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