[2013] FWCA 5001
DECISION
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
McDonald's Australia Limited
(AG2013/7236)
MCDONALD'S AUSTRALIA ENTERPRISE AGREEMENT 2013
Fast food industry
COMMISSIONER BULL
SYDNEY, 24 JULY 2013
Application for approval of the McDonald's Australia Enterprise Agreement 2013.
[1]
An application has been made for approval of an enterprise agreement known as the
McDonald's Australia Enterprise Agreement 2013 (the Agreement). The application was
made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a singleenterprise agreement.
[2]
On 23 April 2013, pursuant to s.249 of the Act, Deputy President Sams issued a single
interest employer authorisation [PR535937]. At Annexure A to the authorisation each of the
Applicants were listed as employers to be covered by the proposed agreement. This
Agreement shall cover those employers listed at Annexure A of that Order.
[3]
The Commission wrote to the Applicant’s representative and the Shop, Distributive
and Allied Employees Association (SDAEA) being a bargaining representative for the
Agreement, with respect to employees engaged as level 4 employees being excluded from
minimum breaks, overtime, penalties and early morning loadings.
[4]
The Applicant’s representative advised the Commission that level four employees will
not be required to work without a 10 hour break between engagements.
[5]
With respect to the non-payment of overtime and other penalties to level 4 employees,
the Company has provided indicative hours worked and the rates payable indicating that level
4 employees without these modern award benefits which are found in the Fast Food Industry
Award 2010, being the relevant modern award for the purposes of the better off overall test
will still be better off overall.
[6]
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to
this application for approval have been met.
[7]
The SDAEA being a bargaining representative for the Agreement, has given notice
under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I
note that the Agreement covers this organisation.
1
[2013] FWCA 5001
[8]
The Agreement is approved. In accordance with s.54(1) the Agreement will operate
from 31 July 2013. The nominal expiry date of the Agreement is 24 June 2017.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code G, AE402596 PR539316>
2
MCDONALD'S AUSTRALIA ENTERPRISE AGREEMENT 2013
1
Title
This Agreement shall be known as the McDonald's Australia Enterprise
Agreement 2013 ("Agreement") and is intended to be approved as an enterprise
agreement under the Fair Work Act 2009.
2
Arrangement
The Agreement is arranged as follows:
Clause
.................................................................................................................... Subject
1
Title ........................................................................................................................ 1
2
Arrangement .......................................................................................................... 1
3
Definitions ..............................................................................................................2
4
Application ............................................................................................................. 2
5
Nominal Expiry Date .............................................................................................. 2
6
The National Employment Standards .................................................................... 3
7
Award references ................................................................................................... 3
8
Consultation Term ................................................................................................. 3
9
Dispute Settlement Term .......................................................................................5
10
Individual Flexibility Term ...................................................................................... 5
11
Long Service Leave ............................................................................................... 6
12
Employment Categories ........................................................................................ 6
13
Full-Time Employees .............................................................................................6
14
Part-Time Employees ............................................................................................ 7
15
Casual Employment .............................................................................................. 8
16
Termination of Employment. .................................................................................. 9
17
Redundancy ........................................................................................................... 9
Classifications and Wage Rates ........................................................................................... 11
18
Classifications ...................................................................................................... 11
19
Minimum Weekly Wages ..................................................................................... 12
20
Junior Rates ......................................................................................................... 21
21
Allowances ........................................................................................................... 21
22
Locality Allowances ............................................................................................. 23
23
Superannuation ................................................................................................... 28
24
Payment of Wages ..............................................................................................29
25
Accident Make-up Pay (Victoria Only) ................................................................. 29
Supported Wage ..................................................................................................30
26
Ordinary Hours of Work ........................................................................................................ 31
27
Hours of Work ...................................................................................................... 31
28
Overtime ..............................................................................................................31
29
Breaks during work periods ................................................................................. 32
Leave and Public Holidays ...................................................................................................33
30
Annual leave ........................................................................................................33
31
Personal/Carers and Compassionate Leave .................................................... 34
32
Public Holidays .................................................................................................... 35
33
Community Service Leave ...................................................................................36
34
Emergency Services Leave .................................................................................36
Natural-Gisaster- Leave ........................................................................................37
35
36
Jury Service Leave ..............................................................................................37
37
Unpaid Leave .......................................................................................................37
38
Blood Donor Leave ..............................................................................................38
39
Bone Marrow Donor Leave .................................................................................. 39
40
Defence Forces Leave ........................................................................................ 39
41
42
43
44
Schedule
3
Domestic Violence Leave .................................................................................... 39
Parental Leave ..................................................................................................... 40
Union Membership ...............................................................................................41
Savings ................................................................................................................41
A - Classifications ...............................................................................................44
Definitions
"Act" means the Fair Work Act 2009 (Cth), as amended or replaced from time to
time.
"Employer" means McDonald's Australia Limited ABN 43 008 496 928 and the
franchisees listed in Schedule 1 and any of their successors, and/or transmittees or
assignees during the life of the agreement, operating in Australia. A reference in
this Agreement to "Employer" may be a reference to these entities individually or
collectively, as is applicable in the circumstances.
"Crew Trainer" means a Level 2 employee who has been appointed to the
position of Crew Trainer or Coach by the Employer for the purposes of coaching
and training other Level 2 employees as required by the Employer. A Crew Trainer
will be required to complete the McDonald's Crew Trainer Development Program.
"SOA" means the Shop, Distributive and Allied Employees' Association.
"Shift Supervisor" means a Level 3 employee who has been appointed to the
position of Shift Supervisor but does not include employees classified as managers,
trainee managers or any other managerial position. A Shift Supervisor will be
required to complete the McDonald's Shift Supervisor Course.
"Shift worker" means, for the purposes of this Agreement, and the NES, an
employee who is employed in a McDonald's restaurant in which shifts are
continuously rostered 24 hours a day for 7 days a week, and the employee is
regularly rostered to work those shifts, and the employee regularly works on
Sunday or public holidays.
"Weekly employee" means an employee who is employed as a full time or part
time employee.
"Standard rate" means the ordinary hourly rate of a level 2 employee.
4
Application
This Agreement shall apply to the Employer and all employees of the Employer engaged at
the Employers' McDonald's restaurants around Australia, who are engaged in a
classification which falls within the classification structure set out in Schedule A of this
Agreement.
5
Nominal Expiry Date
This Agreement shall commence on the later of 23 ~une 2013 or seven days after
the dafe of approval by the Fair Work Commission. The nominal expiry date of this
Agreement is 24th June 2017.
2
6
The National Employment Standards
6.1
The National Employment Standards together with this Agreement contain the
minimum conditions of employment for employees covered by the Agreement. The
National Employment Standards ("the NES") is a set of legislated minimum
employment entitlements.
6.2
In summary, the NES currently provides the following:
•
An average of 38 ordinary hours of work per week for full time employees;
•
An employee with 12 months' service has a right to up to 12 months unpaid
parental leave and the right to request an additional period of up to 12
months parental leave. The Employer can refuse the request for additional
parental leave on reasonable business grounds;
•
Four weeks' annual leave per annum for weekly employees with an additional
week for certain continuous shift workers;
•
Ten days' per annum paid personal/carer's leave for full time employees, and
pro-rata for part-time employees;
•
Two days' unpaid carer's leave per occasion for casuals and employees who
have exhausted their paid carer's leave entitlements;
•
Up to two days' paid compassionate leave per occasion;
•
Paid jury service leave and unpaid leave for eligible community service
activities;
•
Long service leave;
•
Public holidays;
•
Notice of termination and redundancy pay, subject to certain exclusions; and
•
The provision of a Fair Work Information Statement to new employees.
6.3
No term of this Agreement will operate to exclude the NES or any provision of the
NES, or be detrimental to an employee in any respect when compared with the
NES.
7
Award references
References in this Agreement to the:
(a) Restaurants Industry - McDonald's - South Australia / Northern TerritoryAward 2000, Restaurants Industry - McDonalds's - Australian Capital Territory
- Award 2000 the Fast Food Outlets Award 1990, the McDonald's - Shop,
Distributive and Allied Employees' Association - Victoria - Award 2004,
McDonald's - Shop, Distributive and Allied Employees' Association - NSW Award 2006 and the Quick Service Food Outlets Award - State 2004 are
references to the relevant Award as in force at 31 December 2009; and
(b) Fast Food Industry Award 2010 are references to each Award as in force at the
date on which the application for approval of this Agreement is filed with the
Fair Work Commission.
8
Consultation Term
8.1
This term applies if:
8.1.1
an Employer has made a definite decision to introduce a major change to
production, program, organisation, structure, or technology in relation to a
McDonald's restaurant; and
3
8.1.2
the change is likely to have a significant effect on employees of the
Employer.
8.2
The Employer must notify the relevant employees of the decision to introduce the
major change.
8.3
The Employer must notify and discuss with the SDA its decision to introduce the
major change.
8.4
The relevant employees may appoint a representative for the purposes of the
procedures in this term.
8.5
If:
8.5.1
8.5.2
a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
the employee or employees advise the Employer of the identity of the
representative;
the Employer must recognise the representative.
8.6
As soon as practicable after making its decision, the Employer must:
8.6.1
discuss with the relevant employees:
(i)
(ii)
(iii)
8.6.2
the introduction of the change; and
the effect the change is likely to have on the employees; and
measures the Employer is taking to avert or mitigate the adverse
effect of the change on the employees; and
for the purposes of the discussion - provide, in writing, to the relevant
employees;
(i)
(ii)
(iii)
all relevant information about the change including the nature of the
change proposed; and
information about the expected effects of the change on the
employees; and
any other matters likely to affect the employees.
However, the Employer is not required to disclose confidential or commercially
sensitive information to the relevant employees.
8.7
The Employer must give prompt and genuine consideration to matters raised about
the major change by the relevant employees.
8.8
If a term in the Agreement provides for a major change to production, program,
organisation, structure or technology in relation to the McDonald's restaurant
operated by the Employer, the requirements set out in subclauses 8.2, 8.3, 8.4 and
8.6 are taken not to apply.
8.9
In this term, a major change is likely to have a significant effect on employees if it
results in:
8.9.1
8.9.2
8.9.3
the termination of the employment of employees; or
major change to the composition, operation or size of the Employer's
workforce or to the skills required of employees; or
the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
4
8.9.4
8.9.5
8.9.6
8.9.7
the
the
the
the
alteration of hours of work; or
need to retrain employees; or
need to relocate employees to another workplace; or
restructuring of jobs.
8.10
In this term, relevant employees means the employees who may be affected by the
major change.
9
Dispute Settlement Term
9.1
In the event of a dispute about a matter arising between the employer and an
employee or employees, including a dispute under this Agreement, or the NES , in
the first instance, an attempt will be made to resolve the matter at the workplace
through discussions between the employee or employees concerned and the
relevant supervisor and/or manager. If such discussions do not resolve the dispute,
an attempt will be made to resolve the matter by discussions between the
employee and employees concerned and the employees may request the
assistance of the SDA and more senior levels of management. Employee/s may
appoint a person or organisation including the SDA to represent them in relation to
the dispute.
9.2
If the dispute is unable to be resolved at the workplace level, a party to the dispute
may refer the matter to Fair Work Commission for assistance through mediation,
conciliation, expressing an opinion or making a recommendation, and/or arbitration.
9.3
While the dispute settlement procedure in this clause is being conducted, work shall
continue normally unless an employee has a reasonable concern about an
imminent risk to his or her health and safety. If such concern exists, the employee
must not unreasonably fail to comply with a direction of the Employer to perform
other available work, whether at the same or another workplace, that is safe and
appropriate for the employee to perform.
10 Individual Flexibility Term
10.1
An Employer and employee covered by this Agreement may agree to make an
individual flexibility arrangement to vary the effect of terms of the Agreement if:
10.1.1 the Agreement deals with one or more of the following matters:
i.
Substitution of a day off by an individual under clause 32.4.
10.1.2 the arrangement meets the genuine needs of the Employer and employee
in relation to the matters mentioned in paragraph 10.1.1 (i); and
10.1.3 the arrangement is genuinely agreed to by the Employer and employee
10.2
The Employer must ensure that the terms of the individual flexibility arrangement:
10.2.1 are about permitted matters under section 172 of the Act; and
10.2.2 are not unlawful terms under section 194 of the Act; and
10.2.3 result in the employee being better off overall than the employee would be if
no arrangement was made.
10.3
The Employer must ensure that the individual flexibility arrangement:
5
10.3.1 is in writing; and
10.3.2 includes the name of the Employer and employee; and
10.3.3 is signed by the Employer and employee and if the employee is under 18
years of age, signed by a parent or guardian of the employee; and
10.3.4 includes details of:
(a) the terms of the Agreement that will be varied by the arrangement; and
(b)
how the arrangement will vary the effect of the terms; and
(c)
how the employee will be better off overall in relation to the terms
and conditions of his or her employment as a result of the
arrangement; and
10.3.5 states the day on which the arrangement commences.
10.4
The Employer must give the employee a copy of the individual flexibility
arrangement within 14 days after it is agreed to.
10.5.1 The Employer or employee may terminate the individual flexibility arrangement:
10.5.2 by giving no more than 28 days written notice to the other party to the
arrangement; or
10.5.3 if the Employer and employee agree in writing - at any time.
11
Long Service Leave
Long service leave will be provided in accordance with applicable State and
Territory legislation, except that in the case of employees in Broken Hill long
service leave shall be in accordance with the applicable SA long service leave
legislation.
12
Employment Categories
12.1
Employees under this Agreement will be employed in one of the following
categories:
12.1.1 full-time employees;
12.1.2 part-time employees; or
12.1.3 casual employees.
12.2
At the time of engagement an Employer will inform each employee of the terms of
their engagement and, in particular, whether they are to be full-time, part-time or
casUal. . .- --.
..
...
-~.-
13
c
.
_.
.
. .
.
-
.
Full-Time Employees
6
13.1
A full-time employee is an employee who works an average of 38 ordinary hours
per week over a 4 week cycle. The minimum daily engagement for a full time
employee is four hours, subject to the provisions of clause 21.2.
13.2
The maximum number of shifts in any week shall be five.
13.3
The maximum number of hours a full time employee shall work in any day shall be
9.5 hours excluding meal breaks.
13.4
A full time employee is to be rostered so as to have 2 consecutive days off per
week provided that a full time employee may agree otherwise.
13.5
A full time employee is to be rostered so as to have 1 weekend off each 4 weeks,
provided that a full time employee may agree otherwise.
13.6
The maximum number of consecutive days a full time employee shall work is 6,
provided that a full time employee may agree otherwise.
13.7
Subclause 13.3,13.4,13.5 and 13.6 will not apply to Level 4 employees.
13.8
An Employer will give at least five days' notice to a full time employee of their
rostered hours for the week.
14
Part-Time Employees
14.1
A part-time employee is an employee who:
14.1.1 Works less than 36 hours per week but shall work at least 10 hours per
week.
14.1.2 has reasonably predictable hours of work.
14.2
At the time of the employee first being employed the employer shall request a
schedule of the availability of the employee to work and the employee shall
complete such availability schedule and return it to the employer. When the
employee's availability changes or upon the request of the employer the employee
shall update their availability schedule. Where an employee seeks to request a
reduction in their availability to work, the employer may discuss a reduction in their
agreed number of hours of work per week. Any change to the employee's part time contract regarding their availability for work or number of hours of work shall
only take affect once both the employer and employee agree.
14.3
At the time of first being employed, the employer and the part-time employee will
agree, in writing on paper or electronically, on the minimum number of hours to be
worked each week which shall be not less than 10 hours and not more than 36
hours.
14.4
The employer shall give at least five days' notice to an employee of their rostered
hours for the week. Such rostered hours shall be during the employee's advised
availability. The roster shall include the days of the week on which the employee
will work and the actual starting and finishing time on each day. The employer may
offer more hours of work than the employee's agreed minimum number of hours
and if the employee elects to work such hours they shall be paid in accordance with
Clause 14.6 (up to a maximum of 38 hours per week). Such additional hours shall
accrue entitlements such as annual leave, personal/carer's leave and long service
leave. Whilst a part-time employee may work up to 38 hours without the payment of
- evertime,the t=mpleyefmay not-enter-intetlntlgreemenHor a -parHime ·employee
to have a maximum number of agreed hours of more than 36 hours per week.
14.5
No existing casual shall be required to change to part-time but an employee may
mutually agree with the employer to change to part-time. An existing casual shall
not be disadvantaged if they elect not to change to part-time.
7
14.6
A part-time employee employed under the provisions of this clause will be paid for
ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the
class of work performed.
14.7
An employee who does not meet the definition of a part-time employee and who is
not a full-time employee will be paid as a casual employee in accordance with
clause 15.
14.8
An employer is required to roster a part-time employee for a minimum of 3
consecutive hours on any shift, subject to clause 21.2. The maximum number of
starts in a week shall be five.
14.9
A part-time employee is to be rostered so as to have 2 consecutive days off per
week, provided that a part time employee may agree otherwise.
14.10 A part-time employee is to be rostered so as to have 1 weekend off each 4 weeks,
provided that a part time employee may agree otherwise.
14.11
The maximum number of consecutive days a part time employee shall work is 6,
provided that a part time employee may agree otherwise.
14.12 The maximum number of ordinary hours a part time employee shall work in any day
shall 9.5 hours excluding meal breaks.
14.13 Subclause 14.10, 14.11, 14.12 and 14.13 will not apply to Level 4 employees.
15
Casual Employment
15.1
A casual employee is an employee engaged and employed as such.
15.2
A casual will be paid both the hourly rate paid to a full-time employee at the
applicable level and a casual loading. Such loading will be based on the state that
the employee is working in and will be as follows, from the first full pay period on or
after that dates in the table below:
24th June 2013
1st
July
1st
July
1st
2014
2015
2016
All States and Territories except OLD & WA
22%
23%
24%
25%
OLD
24.6%
25%
25%
25%
WA
25%
25%
25%
25%
July
15.3
Casual employees will be paid in accordance with the pay arrangements in clause
24.
15.4
Any shift for a casual employee will be for a minimum engagement of 3 hours
(subject to the provisions of clause 21.2).
15.5
The maximum number of ordinary hours to be worked by a casual employee is 38
per week.
15.6
The maximum number of shifts to be worked by a casual in any week shall be five.
15.7
The maximum number of ordinary hours a casual employee shall work in any day
shall be 9.5 hours excluding meal breaks.
_.- -
8
-I
15.8
The maximum number of consecutive days a casual employee shall work is 6,
provided that a casual employee may agree otherwise.
16
Termination of Employment
16.1
Subject to clause 16.2, notice of termination by an Employer is provided to
employees in accordance with the NES. Currently, the notice of termination by an
Employer provided for in the NES is as follows:
Not more than 1 year of continuous service
1 week
More than 1 year, but not more than 3 years continuous service
2 weeks
More than 3 years, but not more than 5 years
continuous service
3 weeks
More than 5 years continuous service
4 weeks
The relevant notice period increases by 1 week if the employee is over 45 years old
and has completed at least 2 years' continuous service with the Employer.
Subject to the requirements of the Act, the Employer may, in its discretion, make
payment in lieu of notice to the employee of some or all of the notice period.
16.2
Notice of termination by an employee
The notice of termination required to be given by a Level 2 weekly employee is 1
week. The notice of termination required to be given by a Level 3 or 4 weekly
employee is the same as that required of an Employer except that there is no
requirement on the employee to give additional notice based on the age of the
employee concerned. If an employee fails to give the required notice, the Employer
may withhold any monies due to the employee on termination under this Agreement
or the NES, an amount not exceeding the amount the employee would have been
paid under this Agreement in respect of the period of notice required by this clause
less any period of notice actually given by the employee.
Where an Employer has provided payment in lieu of notice to an employee, for all
or any of the minimum period of notice, the Employer will still count the notice
period for the purposes of calculating any service related entitlement of the
employee arising under this Agreement (including but not limited to entitlements
arising under applicable long service leave legislation).
16.3
Job search entitlement
Where an Employer has given notice of termination to a weekly employee, an
employee must be allowed up to one day's time off without loss of pay for the
purpose of seeking other employment. The time off is to be taken at times that are
convenient to the employee after consultation with the Employer.
17
Redundancy
17.1
Redundancy pay is provided to employees in accordance with the NES. Currently,
the NES redundancy pay scale is as follows:
Redundancy pay period
9
I
Redundancy pay period
Employee's period of continuous service with
the Employer on termination
14 weeks
1 IAt least 1 year but less than 2 years
6 weeks
2 IAt least 2 years but less than 3 years
7 weeks
3 IAt least 3 years but less than 4 years
8 weeks
4 IAt least 4 years but less than 5 years
10 weeks
5 At least 5 years but less than 6 years
11 weeks
6 ~t least 6 years but less than 7 years
13 weeks
7 ~t least 7 years but less than 8 years
14 weeks
8 ~t least 8 years but less than 9 years
16 weeks
9 IAt least 9 years but less than 10 years
12 weeks
10 IAt least 10 years
-
17.1.1 However, if an employee based in Queensland would receive a higher redundancy
payment under the Quick Service Food Outlets Award - State 2004 (if that Award,
but for any enterprise agreement, would have applied if the employee had been
employed at 31 December 2009), the employee will receive a redundancy payment
in accordance with the redundancy scale in that Award.
17.2
Notice in circumstances of redundancy
Employees based in South Australia, Northern Territory, Australian Capital Territory
and Victoria, whose employment is terminated on the ground of redundancy
because of the introduction or proposed introduction by the Employer of automation
or other like technological changes in the industry, will be given 3 months notice of
termination. In all other circumstances, notice of termination will be as provided for
in clause 16.
17.3
Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy,
the same period of notice must be given as the employee would have been entitled
to if the employment had been terminated and the Employer may, at the Employer's
option, make payment instead of an amount equal to the difference between the
employee's former weekly wage and the employee's new weekly wagfl for the
number of weeks of notice still owing.
17.4
Employees leaving during notice period
An employee given notice of termination in circumstances of redundancy may
terminate their employment during the period of notice. The employee is entitled to
receive the benefits and payments they would have received under this clause had
they remained in employment until the expiry of the notice, but is not entitled to
payment instead of notice.
17.5
Job search entitlement
17.5.1
A weekly employee given notice of termination in circumstances of
redundancy must be allowed up to one day's time off without loss of pay
during each week of notice for the purpose of seeking other employment.
17.5.2
If the employee has been allowed paid leave for more than one day during
the notice period for the purpose of seeking other employment, the
- - -employee~mustic oat~the~ request~of ~theo~EmployerJ-- pF0du@e~pr0Qf-of­
attendance at an interview or they will not be entitled to payment for the
time absent. For this purpose a statutory declaration is sufficient.
17.5.3
This entitlement applies instead of clause 16.3.
10
17.6
Employees exempted
This clause shall not apply where employment is terminated as a consequence of
conduct that justifies instant dismissal, or in the case of casual employees or
employees engaged for a specific period of time or for a specified task or tasks and
who are terminated at the end of this specific period or task.
Classifications and Wage Rates
18 Classifications
18.1
All employees covered by this Agreement must be classified according to the
structure set out in Schedule A - Classifications. Employers must advise their
employees in writing, on paper or electronically of their classification and of any
changes to their classification.
18.2
The classification by the Employer must be according to the skill level or levels
required to be exercised by the employee in order to carry out the principal
functions of the employment as determined by the Employer.
18.3
Employees who were engaged as Level 1 employees under the McDonald's
Australia Enterprise Agreement 2009 as at 23rd June 2013, shall be reclassified as
Level 2 employees within this Agreement from the first full pay period to commence
on or after 24th June 2013.
11
19 Minimum Weekly Wages
19.1
New South Wales. The following rates of pay in this clause shall apply to employees
throughout the term of this Agreement from the dates specified. The rates of pay
published for casual employees are inclusive of casual loading.
New South Wales
Level 2
First full pay period
commencing on or after 24th
June 2013
Age
Weekly
Hourly
21+
$719.75
20
$647.78
19
18
First full pay period
commencing on or after 1st
July 2014
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
$18.94
$23.11
$744.95
$19.60
$24.11
$772.51
$20.33
$25.21
$801.09
$21.08
$26.35
$17.05
$20.80
$670.45
$17.64
$21.70
$695.26
$18.30
$22.69
$720.98
$18.97
$23.72
$575.80
$15.15
$18.49
$595.96
$15.68
$19.29
$618.01
$16.26
$20.17
$640.87
$16.87
$21.08
$503.83
$13.26
$16.18
$521.46
$13.72
$16.88
$540.76
$14.23
$17.65
$560.76
$14.76
$18.45
17
$431.85
$11.36
$13.86
$446.97
$11.76
$14.47
$463.51
$12.20
$15.12
$480.65
$12.65
$15.81
16
$359.88
$9.47
$11.55
$372.47
$9.80
$12.06
$386.25
$10.16
$12.60
$400.55
$10.54
$13.18
15
$287.90
$7.58
$9.24
$297.98
$7.84
$9.65
$309.00
$8.13
$10.08
$320.44
$8.43
$10.54
14 and
under
$287.90
$7.58
$9.24
$297.98
$7.84
$9.65
$309.00
$8.13
$10.08
$320.44
$8.43
$10.54
Level 3
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$754.51
$19.86
$24.22
$780.92
$20.55
$25.28
$809.81
$21.31
$26.43
$839.77
$22.10
$27.62
20
$679.06
$17.87
$21.80
$702.83
$18.50
$22.75
$728.83
$19.18
$23.78
$755.80
$19.89
$24.86
19
$603.61
$15.88
$19.38
$624.73
$16.44
$20.22
$647.85
$17.05
$21.14
$671.82
$17.68
$22.10
18
$528.16
$13.90
$16.96
$546.64
$14.39
$17.69
$566.87
$14.92
$18.50
$587.84
$15.47
$19.34
17
$452.71
$11.91
$14.53
$468.55
$12.33
$15.17
$485.89
$12.79
$15.86
$503.86
$13.26
$16.57
16
$377.25
$9.93
$12.11
$390.46
$10.28
$12.64
$404.91
$10.66
$13.21
$419.89
$11.05
$13.81
15
$301.80
$7.94
$9.69
$312.37
$8.22
$10.11
$323.92
$8.52
$10.57
$335.91
$8.84
$11.05
14and
under
$301.80
$7.94
$9.69
$312.37
$8.22
$10.11
$323.92
$8.52
$10.57
$335.91
$8.84
$11.05
Level 4
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$858.80
$22.60
$27.57
$888.85
$23.39
$28.77
$921.74
$24.26
$30.08
$955.84
$25.15
$31.44
20
$772.92
$20.34
$24.81
$799.97
$21.05
$25.89
$829.57
$21.83
$27.07
$860.26
$22.64
$28.30
19
$687.04
$18.08
$22.06
$711.08
$18.71
$23.02
$737.39
$19.41
$24.06
$764.68
$20.12
$25.15
18
$601.16
$15.82
$19.30
$622.20
$16.37
$20.14
$645.22
$16.98
$21.05
$669.09
$17.61
$22.01
16
$429.40
$11.30
$13.79
$444.43
$11.70
$14.39
$460.87
$12.13
$15.04
$477.92
$12.58
$15.72
15
$343.52
$9.04
$11.03
$355.54
$9.36
$11.51
$368.70
$9.70
$12.03
$382.34
$10.06
$12.58
14and
under
$343.52
$9.04
$11.03
$355.54
$9.36
$11.51
$368.70
$9.70
$12.03
$382.34
$10.06
$12.58
17
12
19.2
Australian Capital Territory. The following rates of pay in this clause shall apply to
employees throughout the term of this Agreement from the dates specified. The rates of
pay published for casual employees are inclusive of casual loading.
Australian Capital Territory
Level 2
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$725.68
$19.10
$23.30
$751.08
$19.77
$24.31
$778.87
$20.50
$25.42
$807.69
$21.25
$26.57
20
$653.11
$17.19
$20.97
$675.97
$17.79
$21.88
$700.98
$18.45
$22.87
$726.92
$19.13
$23.91
19
$580.54
$15.28
$18.64
$600.86
$15.81
$19.45
$623.09
$16.40
$20.33
$646.15
$17.00
$21.25
18
$507.98
$13.37
$16.31
$525.75
$13.84
$17.02
$545.21
$14.35
$17.79
$565.38
$14.88
$18.60
17
$435.41
$11.46
$13.98
$450.65
$11.86
$14.59
$467.32
$12.30
$15.25
$484.61
$12.75
$15.94
$12.16
$389.43
$10.25
16
$362.84
$9.55
$11.65
$375.54
$9.88
$12.71
$403.84
$10.63
$13.28
15
$290.27
$7.64
$9.32
$300.43
$7.91
$9.72
$311.55
$8.20
$10.17
$323.07
$8.50
$10.63
14 and
under
$290.27
$7.64
$9.32
$300.43
$7.91
$9.72
$311.55
$8.20
$10.17
$323.07
$8.50
$10.63
Level 3
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
Firstfull pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$760.73
$20.02
$24.42
$787.36
$20.72
$25.49
$816.49
$21.49
$26.64
$846.70
$22.28
$27.85
20
$684.66
$18.02
$21.98
$708.62
$18.65
$22.94
$734.84
$19.34
$23.98
$762.03
$20.05
$25.07
19
$608.58
$16.02
$19.54
$629.89
$16.58
$20.39
$653.19
$17.19
$21.31
$677.36
$17.83
$22.28
18
$532.51
$14.01
$17.10
$551.15
$14.50
$17.84
$571.54
$15.04
$18.65
$592.69
$15.60
$19.50
17
$456.44
$12.01
$14.65
$472.41
$12.43
$15.29
$489.89
$12.89
$15.99
$508.02
$13.37
$16.71
16
$380.37
$10.01
$12.21
$393.68
$10.36
$12.74
$408.24
$10.74
$13.32
$423.35
$11.14
$13.93
15
$304.29
$8.01
$9.77
$314.94
$8.29
$10.19
$326.60
$8.59
$10.66
$338.68
$8.91
$11.14
14and
under
$304.29
$8.01
$9.77
$314.94
$8.29
$10.19
$326.60
$8.59
$10.66
$338.68
$8.91
$11.14
Level 4
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$865.90
$22.79
$27.80
$896.20
$23.58
$29.01
$929.36
$24.46
$30.33
$963.75
$25.36
$31.70
20
$779.31
$20.51
$25.02
$806.58
$21.23
$26.11
$836.43
$22.01
$27.29
$867.38
$22.83
$28.53
19
$692.72
$18.23
$22.24
$716.96
$18.87
$23.21
$743.49
$19.57
$24.26
$771.00
$20.29
$25.36
18
$606.13
$15.95
$19.46
$627.34
$16.51
$20.31
$650.55
$17.12
$21.23
$674.63
$17.75
$22.19
17
$519.54
$13.67
$16.68
$537.72
$17.41
$557.62
$14.67
$18.20
... ~L .. _. ~~2.95
_~1l2~. S13.90 .
$14.15
~4.'ll\.lJlc
..$!l.ZlL
c~j.2Q. $%1·68 .
.
$l.&~3.. .il!j.lfi .
$578.25
$15.22
$19.02
.$&f!J&!!'
il2,@.
.$15.85.
15
$346.36
$9.11
$11.12
$358.48
$9.43
$11.60
$371.75
$9.78
$12.13
$385.50
$10.14
$12.68
14 and
under
$346.36
$9.11
$11.12
$358.48
$9.43
$11.60
$371.75
$9.78
$12.13
$385.50
$10.14
$12.68
13
19.3 Victoria. The following rates of pay in this clause shall apply to employees throughout
the term of this Agreement from the dates specified. The rates of pay published for
casual employees are inclusive of casual loading.
Victoria
Level 2
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$714.25
$18.80
$22.93
$739.25
$19.45
$23.93
$766.60
$20.17
$25.02
$794.96
$20.92
$26.15
20
$642.82
$16.92
$20.64
$665.32
$17.51
$21.54
$689.94
$18.16
$22.51
$715.47
$18.83
$23.54
19
$571.40
$15.04
$18.34
$591.40
$15.56
$19.14
$613.28
$16.14
$20.01
$635.97
$16.74
$20.92
18
$499.97
$13.16
$16.05
$517.47
$13.62
$16.75
$536.62
$14.12
$17.51
$556.47
$14.64
$18.31
17
$428.55
$11.28
$13.76
$443.55
$11.67
$14.36
$459.96
$12.10
$15.01
$476.98
$12.55
$15.69
16
$357.12
$9.40
$11.47
$369.62
$9.73
$11.96
$383.30
$10.09
$12.51
$397.48
$10.46
$13.08
15
$285.70
$7.52
$9.17
$295.70
$7.78
$9.57
$306.64
$8.07
$10.01
$317.99
$8.37
$10.46
14 and
under
$285.70
$7.52
$9.17
$295.70
$7.78
$9.57
$306.64
$8.07
$10.01
$317.99
$8.37
$10.46
Level 3
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$748.73
$19.70
$24.04
$774.93
$20.39
$25.08
$803.61
$21.15
$26.22
$833.34
$21.93
$27.41
20
$673.85
$17.73
$21.63
$697.44
$18.35
$22.58
$723.25
$19.03
$23.60
$750.01
$19.74
$24.67
19
$598.98
$15.76
$19.23
$619.95
$16.31
$20.07
$642.88
$16.92
$20.98
$666.67
$17.54
$21.93
18
$524.11
$13.79
$16.83
$542.45
$14.28
$17.56
$562.52
$14.80
$18.36
$583.34
$15.35
$19.19
17
$449.24
$11.82
$14.42
$464.96
$12.24
$15.05
$482.16
$12.69
$15.73
$500.00
$13.16
$16.45
16
$374.36
$9.85
$12.02
$387.47
$10.20
$12.54
$401.80
$10.57
$13.11
$416.67
$10.96
$13.71
15
$299.49
$7.88
$9.62
$309.97
$8.16
$10.03
$321.44
$8.46
$10.49
$333.34
$8.77
$10.96
14 and
under
$299.49
$7.88
$9.62
$309.97
$8.16
$10.03
$321.44
$8.46
$10.49
$333.34
$8.77
$10.96
Level 4
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
Firstfull pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$852.19
$22.43
$2.7.36
$882.01
$23.21
$28.55
$914.65
$24.07
$29.85
$948.49
$24.96
$31.20
20
$766.97
$20.18
$24.62
$793.81
$20.89
$25.69
$823.18
$21.66
$26.86
$853.64
$22.46
$28.08
19
$681.75
$17.94
$21.89
$705.61
$18.57
$22.84
$731.72
$19.26
$23.88
$758.79
$19.97
$24.96
18
$596.53
$15.70
$19.15
$617.41
$16.25
$19.98
$640.25
$16.85
$20.89
$663.94
$17.47
$21.84
17
$511.31
$13.46
$16.42
$529.21
$13.93
$17.13
$548.79
$14.44
$17.91
$569.09
$14.98
$18.72
16
$426.09 ~ll1L ~ S441.01
$11.61
S14.27
S457.32
~12.03
$14.92
$47~
$12.48 ----S15.60
15
$340.88
$8.97
$10.94
$352.81
$9.28
$11.42
$365.86
$9.63
$11.94
$379.40
$9.98
$12.48
14and
under
$340.88
$8.97
$10.94
$352.81
$9.28
$11.42
$365.86
$9.63
$11.94
$379.40
$9.98
$12.48
14
19.4 South Australia. The following rates of pay in this clause shall apply to employees
throughout the term of this Agreement from the dates specified. The rates of pay
published for casual employees are inclusive of casual loading. Provided that in South
Australia, Level 2 employees aged under 15 years employed as at 241h June 2013 and
employees under age 15 who are employed between 241h June 2013 until 31 51 December
2013 shall be paid the 15 year old rate of pay for all hours worked until they are age 16.
South Australia
Level 2
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$719.89
$18.94
$23.11
$745.08
$19.61
$24.12
$772.65
$20.33
$25.21
$801.24
$21.09
$26.36
20
$647.90
$17.05
$20.80
$670.57
$17.65
$21.71
$695.39
$18.30
$22.69
$721.11
$18.98
$23.72
19
$575.91
$15.16
$18.49
$596.07
$15.69
$19.29
$618.12
$16.27
$20.17
$640.99
$16.87
$21.09
18
$503.92
$13.26
$16.18
$521.56
$13.73
$16.88
$540.86
$14.23
$17.65
$560.87
$14.76
$18.45
17
$431.93
$11.37
$13.87
$447.05
$11.76
$14.47
$463.59
$12.20
$15.13
$480.74
$12.65
$15.81
16
$359.94
$9.47
$11.56
$372.54
$9.80
$12.06
$386.33
$10.17
$12.61
$400.62
$10.54
$13.18
15
$287.95
$7.58
$9.24
$298.03
$7.84
$9.65
$309.06
$8.13
$10.09
$320.50
$8.43
$10.54
14 and
under
$287.95
$7.58
$9.24
$298.03
$7.84
$9.65
$309.06
$8.13
$10.09
$320.50
$8.43
$10.54
Level 3
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
21+
$754.65
$19.86
$24.23
$781.07
$20.55
$25.28
20
$679.19
$17.87
$21.81
$702.96
$18.50
$22.75
19
$603.72
$15.89
$19.38
$624.85
$16.44
18
$528.26
$13.90
$16.96
$546.75
17
$452.79
$11.92
$14.54
$468.64
Firstfull pay period
commencing on or after 1st
July 2015
Hourly
Casual
$809.96
$21.31
$728.97
$19.18
$20.23
$647.97
$14.39
$17.70
$12.33
$15.17
$10.28
First full pay period
commencing on or after 1st
July 2016
Weekly
Hourly
Casual
$26.43
$839.93
$22.10
$27.63
$23.79
$755.94
$19.89
$24.87
$17.05
$21.14
$671.95
$17.68
$22.10
$566.98
$14.92
$18.50
$587.95
$15.47
$19.34
$485.98
$12.79
$15.86
$503.96
$13.26
$16.58
$12.64
$13.22
16
$377.33
$9.93
$12.11
$390.53
$404.98
$10.66
$419.97
$11.05
$13.81
15
$301.86
$7.94
$9.69
$312.43
$8.22
$10.11
$323.99
$8.53
$10.57
$335.97
$8.84
$11.05
14 and
under
$301.86
$7.94
$9.69
$312.43
$8.22
$10.11
$323.99
$8.53
$10.57
$335.97
$8.84
$11.05
Level 4
First full pay period
commencing on or after 24th
June 2013
~~~
~---
Age
Weekly
21+
20
First full pay period
commencing on or after 1st
July 2014
Hourly
Casual
Weekly
Hourly
$858.95
$22.60
$27.58
$889.01
$23.40
$28.78
$773.05
$20.34
$24.82
$800.11
$21.06
$25.90
19
$687.16
$18.08
$22.06
$711.21
$18.72
$23.02
18
$601.26
$15.82
$19.30
$622.31
$16.38
17
$515.37
$13.56
$16.55
$533.41
$14.04
16
$429.47
$11.30
$13.79
$444.51
15
$343.58
$9.04
$11.03
$355.60
14 and
under
$343.58
$9.04
$11.03
$355.60
Casual
First full pay period
commencing on or after 1st
July 2015
Weekly
First full pay period
commencing on or after 1st
July 2016
Hourly
Casual
Weekly
Hourly
Casual
$921.91
$24.26
$30.08
$956.02
$25.16
$31.45
$829.72
$21.83
$27.07
$860.41
$22.64
$28.30
$737.52
$19.41
$24.07
$764.81
$20.13
$25.16
$20.14
$645.33
$16.98
$21.06
$669.21
$17.61
$22.01
$17.27
$553.14
$14.56
$18.05
$573.61
$15.09
$18.87
$11.70
$14.39
$460.95
$12.13
$15.04
$478.01
$12.58
$15.72
$9.36
$11.51
$368.76
$9.70
$12.03
$382.41
$10.06
$12.58
$9.36
$11.51
$368.76
$9.70
$12.03
$382.41
$10.06
$12.58
~---
15
19.5 Northern Territory. The following rates of pay in this clause shall apply to employees
throughout the term of this Agreement from the dates specified. The rates of pay
published for casual employees are inclusive of casual loading. Provided that in Northern
Territory, Level 2 employees aged under 15 years employed as at 24th June 2013 and
employees under age 15 who are employed between 24th June 2013 until 31 st December
2013 shall be paid the 15 year old rate of pay for all hours worked until they are age 16.
Northern Territory
Levell
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
Age
Weekly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$719.89
$18.94
$23.11
$745.08
$19.61
$24.12
$772.65
$20.33
$25.21
$801.24
$21.09
$26.36
20
$647.90
$17.05
$20.80
$670.57
$17.65
$21.71
$695.39
$18.30
$22.69
$721.11
$18.98
$23.72
19
$575.91
$15.16
$18.49
$596.07
$15.69
$19.29
$618.12
$16.27
$20.17
$640.99
$16.87
$21.09
18
$503.92
$13.26
$16.18
$521.56
$13.73
$16.88
$540.86
$14.23
$17.65
$560.87
$14.76
$18.45
17
$431.93
$11.37
$13.87
$447.05
$11.76
$14.47
$463.59
$12.20
$15.13
$480.74
$12.65
$15.81
16
$359.94
$9.47
$11.56
$372.54
$9.80
$12.06
$386.33
$10.17
$12.61
$400.62
$10.54
$13.18
15
$287.95
$7.58
$9.24
$298.03
$7.84
$9.65
$309.06
$8.13
$10.09
$320.50
$8.43
$10.54
14 and
under
$287.95
$7.58
$9.24
$298.03
$7.84
$9.65
$309.06
$8.13
$10.09
$320.50
$8.43
$10.54
Hourly
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Level 3
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
Firstfull pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$754.65
$19.86
$24.23
$781.07
$20.55
$25.28
$809.96
$21.31
$26.43
$839.93
$22.10
$27.63
20
$679.19
$17.87
$21.81
$702.96
$18.50
$22.75
$728.97
$19.18
$23.79
$755.94
$19.89
$24.87
19
$603.72
$15.89
$19.38
$624.85
$16.44
$20.23
$647.97
$17.05
$21.14
$671.95
$17.68
$22.10
18
$528.26
$13.90
$16.96
$546.75
$14.39
$17.70
$566.98
$14.92
$18.50
$587.95
$15.47
$19.34
17
$452.79
$11.92
$14.54
$468.64
$12.33
$15.17
$485.98
$12.79
$15.86
$503.96
$13.26
$16.58
16
$377.33
$9.93
$12.11
$390.53
$10.28
$12.64
$404.98
$10.66
$13.22
$419.97
$11.05
$13.81
15
$301.86
$7.94
$9.69
$312.43
$8.22
$10.11
$323.99
$8.53
$10.57
$335.97
$8.84
$11.05
14 and
under
$301.86
$7.94
$9.69
$312.43
$8.22
$10.11
$323.99
$8.53
$10.57
$335.97
$8.84
$11.05
Level 4
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$858.95
$22.60
$27.58
$889.01
$23.40
$28.78
$921.91
$24.26
$30.08
$956.02
$25.16
$31.45
20
$773.05
$20.34
$24.82
$800.11
$21.06
$25.90
$829.72
$21.83
$27.07
$860.41
$22.64
$28.30
19
$687.16
$18.08
$22.06
$711.21
$18.72
$23.02
$737.52
$19.41
$24.07
$764.81
$20.13
$25.16
18
$601.26
$15.82
$19.30
$622.31
$16.38
$20.14
$645.33
$16.98
$21.06
$669.21
$17.61
$22.01
$515.37
$13.56
$16.55
$533.41
$14.04
$17.27
$553.14
$14.56
$18.05
$573.61
$15.09
$18.87
17
~~--16-
~$"429A7~ ~$-11:3lJ'" ~$1.rt9~ ~$l!1III31- ~rt70- ~$1'l~3g- ~S46O:95- -$12;I3~ ~15;[f4~
;;478:or ~1.TIlr ~$15:7r
15
$343.58
$9.04
$11.03
$355.60
$9.36
$11.51
$368.76
$9.70
$12.03
$382.41
$10.06
$12.58
14and
under
$343.58
$9.04
$11.03
$355.60
$9.36
$11.51
$368.76
$9.70
$12.03
$382.41
$10.06
$12.58
16
19.6 Tasmania. The following rates of pay in this clause shall apply to employees throughout
the term of this Agreement from the dates specified. The rates of pay published for
casual employees are inclusive of casual loading.
Tasmania
Level 2
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$698.03
$18.37
$22.41
$725.95
$19.10
$23.50
$758.61
$19.96
$24.75
$792.75
$20.86
$26.08
20
$628.22
$16.53
$20.17
$653.35
$17.19
$21.15
$682.75
$17.97
$22.28
$713.48
$18.78
$23.47
19
$558.42
$14.70
$17.93
$580.76
$15.28
$18.80
$606.89
$15.97
$19.80
$634.20
$16.69
$20.86
18
$488.62
$12.86
$15.69
$508.16
$13.37
$16.45
$531.03
$13.97
$17.33
$554.93
$14.60
$18.25
17
$418.82
$11.02
$13.45
$435.57
$11.46
$14.10
$455.17
$11.98
$14.85
$475.65
$12.52
$15.65
16
$349.01
$9.18
$11.21
$362.97
$9.55
$11.75
$379.31
$9.98
$12.38
$396.38
$1D.43
$13.04
15
$279.21
$7.35
$8.96
$290.38
$7.64
$9.40
$303.45
$7.99
$9.90
$317.10
$8.34
$1D.43
14and
under
$279.21
$7.35
$8.96
$290.38
$7.64
$9.40
$303.45
$7.99
$9.90
$317.10
$8.34
$1D.43
Level 3
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
Firstfull pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$731.23
$19.24
$23.48
$760.48
$20.01
$24.62
$794.70
$20.91
$25.93
$830.47
$21.85
$27.32
20
$658.11
$17.32
$21.13
$684.43
$18.01
$22.15
$715.23
$18.82
$23.34
$747.42
$19.67
$24.59
19
$584.99
$15.39
$18.78
$608.39
$16.01
$19.69
$635.76
$16.73
$20.75
$664.37
$17.48
$21.85
18
$511.86
$13.47
$16.43
$532.34
$14.01
$17.23
$556.29
$14.64
$18.15
$581.33
$15.30
$19.12
17
$438.74
$11.55
$14.09
$456.29
$12.01
$14.77
$476.82
$12.55
$15.56
$498.28
$13.11
$16.39
16
$365.62
$9.62
$11.74
$380.24
$10.01
$12.31
$397.35
$10.46
$12.97
$415.23
$10.93
$13.66
15
$292.49
$7.70
$9.39
$304.19
$8.01
$9.85
$317.88
$8.37
$10.37
$332.19
$8.74
$10.93
14 and
under
$292.49
$7.70
$9.39
$304.19
$8.01
$9.85
$317.88
$8.37
$10.37
$332.19
$8.74
$10.93
Level 4
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
July 2014
First full pay period
commencing on or after 1st
July 2015
First full pay period
commencing on or after 1st
July 2016
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$830.88
$21.87
$26.68
$864.11
$22.74
$27.97
$903.00
$23.76
$29.47
$943.63
$24.83
$31.04
20
$747.79
$19.68
$24.01
$777.70
$20.47
$25.17
$812.70
$21.39
$26.52
$849.27
$22.35
$27.94
19
$664.70
$17.49
$21.34
$691.29
$18.19
$22.38
$722.40
$19.01
$23.57
$754.91
$19.87
$24.83
18
$581.61
$15.31
$18.67
$604.88
$15.92
$19.58
$632.10
$16.63
$20.63
$660.54
$17.38
$21.73
$13.12
$16.01
$518.47
$13.64
$16.78
$541.80
$14.26
$17.68
$566.18
$14.90
$18.62
$U.31
$13.98
$45.1.50
$.11.88
$14.73 . $471.82
$12.42
..$15.52
17
$498.53
16
$415A'L $10.93 . $13.34. .$432.0Ji.
15
$332.35
$8.75
$10.67
$345.64
$9.10
$11.19
$361.20
$9.51
$11.79
$377.45
$9.93
$12.42
14and
under
$332.35
$8.75
$10.67
$345.64
$9.10
$11.19
$361.20
$9.51
$11.79
$377.45
$9.93
$12.42
17
19.7 Queensland. The following rates of pay in this clause shall apply to employees
throughout the term of this Agreement from the dates specified. The rates of pay
published for casual employees are inclusive of casual loading.
Queensland
Level 2
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
February 2014
First full pay period
commencing on or after 1st
July 2014
Casual
Weekly
Hourly
Casual
Weekly
$18.56
$23.13
$726.69
$19.12
$23.83
$17.34
$21.61
$666.00
$17.53
$21.84
Age
Weekly
Hourly
21+
$705.32
20
$659.06
Hourly
Casual
$770.27
$20.27
$25.34
$693.24
$18.24
$22.80
19
$576.39
$15.17
$18.90
$587.34
$15.46
$19.26
$616.21
$16.22
$20.27
18
$505.86
$13.31
$16.59
$514.67
$13.54
$16.88
$539.19
$14.19
$17.74
17
$435.33
$11.46
$14.27
$442.00
$11.63
$14.49
$462.16
$12.16
$15.20
16
$364.80
$9.60
$11.96
$369.34
$9.72
$12.11
$385.13
$10.14
$12.67
15
$318.54
$8.38
$10.44
$308.65
$8.12
$10.12
$308.11
$8.11
$10.14
14and
under
$318.54
$8.38
$10.44
$308.65
$8.12
$10.12
$308.11
$8.11
$10.14
Level 3
First full pay period
commencing on or after 24th
June 2013
First full pay period
commencing on or after 1st
February 2014
First full pay period
commencing on or after 1st
July 2014
Age
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
21+
$741.99
$19.53
$24.33
$767.52
$20.20
$25.17
$816.52
$21.49
$26.86
20
$693.02
$18.24
$22.72
$703.22
$18.51
$23.06
$734.87
$19.34
$24.17
19
$606.20
$15.95
$19.88
$620.24
$16.32
$20.34
$653.22
$17.19
$21.49
18
$532.01
$14.00
$17.44
$543.49
$14.30
$17.82
$571.56
$15.04
$18.80
17
$457.81
$12.05
$15.01
$466.74
$12.28
$15.30
$489.91
$12.89
$16.12
16
$383.61
$10.09
$12.58
$389.99
$10.26
$12.79
$408.26
$10.74
$13.43
15
$334.64
$8.81
$10.97
$325.69
$8.57
$10.68
$326.61
$8.59
$10.74
14 and
under
$334.64
$8.81
$10.97
$325.69
$8.57
$10.68
$326.61
$8.59
$10.74
Level 4
First full pay period
commencing on or after 24th
June 2013
Age
Weekly
Hourly
Casual
21+
$755.27
$19.88
20
$704.98
$18.55
19
$616.83
18
$541.31
17
16
First full pay period
commencing on or after 1st
February 2014
Weekly
Hourly
Casual
$24.77
$785.21
$20.66
$23.12
$719.15
$18.92
$16.23
$20.23
$634.40
$14.24
$17.75
$555.88
$465.78
$12.26
$15.27
$390.25
$10.27
$12.80
First full pay period
commencing on or after 1st
July 2014
Weekly
Hourly
$25.75
$839.19
$22.08
$27.60
$23.58
$755.27
$19.88
$24.84
$16.69
$20.80
$671.35
$17.67
$22.08
$14.63
$18.23
$587.43
$15.46
$19.32
$477.36
$12.56
$15.65
$503.51
$13.25
$16.56
$398.84
$10.50
$13.08
$419.59
$11.04
$13.80
Casual
---l~ ~$339.96_ dJ\,~~ ~lU_~ ~~;U.I"'= ~~"&~ ~S1Q~ ~335.fiL d~ ~,O!bo
14 and
under
$339.96
$8.95
$11.15
$332.77
$8.76
$10.91
$335.67
$8.83
$11.04
19.7.1 In QLD the wages for 2013 and 2014 have been calculated on the basis of
applying the transitional rate of pay required pursuant to the Fast Food
18
Industry Award 2010 (FFIA) plus an additional percentage amount. Except
that:
19.7.1.1
Existing employees under 16 years of age as 24th June 2013 will
receive the 16 year old rate of pay until age 17, when they will
receive the 17 year old rate;
19.7.1.2
New employees aged under 16 years of age engaged from 24th
June 2013 onwards will not suffer a reduction in their hourly rate
st
as at the first full pay periods commencing on or after 1 February
st
2014 and 1 July 2014; and
19.7.1.3
Casuals working regular hours will not be replaced by new casuals
earning a lower rate under the Agreement or disadvantaged in
hours of work provided their availability remains the same.
19.7.2 In QLD, from the first full pay period on or after:
19.7.2.1 1st July 2015, Level 2 employees in the Agreement to be paid a rate
equivalent to a Levell employee in the FFIA, plus 9%, Level 3
employees in the Agreement to be paid a rate equivalent to a Level
2 employee in the FFIA, plus 9%, and Level 4 employees in the
Agreement to be paid a rate equivalent to a Level 3 employee in
the FFIA, plus 9%.
19.7.2.2 1st July 2016, Level 2 employees in the Agreement to be paid a rate
equivalent to Levell employee in the FFIA, plus 9%, Level 3
employees in the Agreement to be paid a rate equivalent to a Level
2 employee in the FFIA, plus 9%, and Level 4 employees in the
Agreement to be paid a rate equivalent to a Level 3 employee in
the FFIA, plus 9%.
19
19.8 Western Australia. The following rates of pay in this clause shall apply to employees
throughout the term of this Agreement from the dates specified. The rates of pay
published for casual employees are inclusive of casual loading.
Western Australia
Level 2
First full pay period
commencing on or after 24th
June 2013
Age
Weekly
21+
$718.85
20
$672.59
19
$575.08
18
17
Hourly
First full pay period
commencing on or after 1st
February 2014
Casual
Weekly
$18.92
$23.65
$733.37
$17.70
$22.12
$672.68
$15.13
$18.92
$586.69
$503.19
$13.24
$16.55
$431.31
$11.35
$14.19
16
$359.42
$9.46
15
$313.17
$8.24
14 and
under
$313.17
$8.24
Hourly
First full pay period
commencing on or after 1st
July 2014
Casual
Weekly
Hourly
Casual
$19.30
$24.12
$770.27
$20.27
$25.34
$17.70
$22.13
$693.24
$18.24
$22.80
$15.44
$19.30
$616.21
$16.22
$20.27
$513.36
$13.51
$16.89
$539.19
$14.19
$17.74
$440.02
$11.58
$14.47
$462.16
$12.16
$15.20
$11.82
$366.68
$9.65
$12.06
$385.13
$10.14
$12.67
$10.30
$306.00
$8.05
$10.07
$308.11
$8.11
$10.14
$10.30
$306.00
$8.05
$10.07
$308.11
$8.11
$10.14
Level 3
First full pay period
commencing on or after 24th
June 2013
21+
First full pay period
commencing on or after 1st
February 2014
First full pay period
commencing on or after 1st
July 2014
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
$754.36
$19.85
$24.81
$773.63
$20.36
$25.45
$23.33
$816.52
$21.49
$26.86
$734.87
$19.34
$24.17
20
$705.39
$18.56
$23.20
$709.33
$18.67
19
$603.49
$15.88
$19.85
$618.90
$16.29
$20.36
$653.22
$17.19
$21.49
18
$528.05
$13.90
$17.37
$541.54
$14.25
$17.81
$571.56
$15.04
$18.80
$16.12
17
$452.62
$11.91
$14.89
$464.18
$12.22
$15.27
$489.91
$12.89
16
$377.18
$9.93
$12.41
$386.81
$10.18
$12.72
$408.26
$10.74
$13.43
15
$328.21
$8.64
$10.80
$322.52
$8.49
$10.61
$326.61
$8.59
$10.74
14 and
under
$328.21
$8.64
$10.80
$322.52
$8.49
$10.61
$326.61
$8.59
$10.74
Level 4
First full pay period
commencing on or after 24th
June 2013
21+
First full pay period
commencing on or after 1st
February 2014
First full pay period
commencing on or after 1st
July 2014
Weekly
Hourly
Casual
Weekly
Hourly
Casual
Weekly
Hourly
Casual
$767.13
$20.19
$25.23
$791.07
$20.82
$26.02
$839.19
$22.08
$27.60
20
$716.84
$18.86
$23.58
$725.00
$19.08
$23.85
$755.27
$19.88
$24.84
19
$613.71
$16.15
$20.19
$632.86
$16.65
$20.82
$671.35
$17.67
$22.08
18
$536.99
$14.13
$17.66
$553.75
$14.57
$18.22
$587.43
$15.46
$19.32
17
$460.28
$12.11
$15.14
$474.64
$12.49
$15.61
$503.51
$13.25
$16.56
$13.01
$419.59
$11.04
$13.80
16
$383.57
$10.09
$12.62
$395.53
$10.41
15
$333.27
$8.77
$10.96
$329.47
$8.67
$10.84
$335.67
$8.83
$11.04
14and
under
$333.27
$8.77
$10.96
$329.47
$8.67
$10.84
$335.67
$8.83
$11.04
19.8.1
In WA the wages for 2013 and 2014 have been calculated on the basis of
applying the transitional rate of pay required pursuant to the Fast Food
20
Industry Award 2010 (FFIA) plus an additional percentage amount. Except
that:
19.8.1.1
Existing employees under 16 years of age as at 24th June 2013 will
receive the 16 year old rate of pay until age 17, when they will
receive the 17 year old rate;
19.8.1.2
New employees aged under 16 years of age engaged from 24th
June 2013 onwards will not suffer a reduction in their hourly rate
as at the first full pay periods commencing on or after 1st February
2014 and 1st July 2014; and
19.8.1.3
Existing employees 20 years of age as at 24th June 2013 to receive
the 21 year old rate of pay;
19.8.2 In WA, from the first full pay period on or after:
19.8.2.1
19.8.2.2
20
st
1 July 2015, Level 2 employees in the Agreement to be paid a
rate equivalent to a Levell employee in the FFIA, plus 9%, Level 3
employees in the Agreement to be paid a rate equivalent to a
Level 2 employee in the FFIA, plus 9%, and Level 4 employees in
the Agreement to be paid a rate equivalent to a Level 3 employee
in the FFIA, plus 9%.
1st July 2016, Level 2 employees in the Agreement to be paid a
rate equivalent to Levell employee in the FFIA, plus 9%, Level 3
employees in the Agreement to be paid a rate equivalent to a
Level 2 employee in the FFIA, plus 9%, and Level 4 employees in
the Agreement to be paid a rate equivalent to a Level 3 employee
in the FFIA, plus 9%.
Junior Rates
Junior employees will be paid the following percentage of the appropriate wage rate
in clause 19:
Age
% of weekly w~e
15 years of age and under
16 years of age
17 years of age
18 years of age
19 years of age
20 years of age
40
50
60
70
80
90
A Level 2 employee who is employed as a General Maintenance employee shall
not have junior rate percentages applied to their rate of pay.
21.1
Meal allowance
An employee required to work more than one hour after the end of their rostered
shift, without being given 24 hours' notice, will be either provided with a suitable
meal or paid meal allowance of $11.60. Where such work exceeds four hours, a
21
further meal or meal allowance of $11.60 will be paid. No meal allowance will be
payable where an employee could reasonably return home for a meal within the
period allowed.
21.2
21.3
Crew Meeting allowance
Employees shall only be directed to attend meetings as part of a rostered shift and
attendance at such meetings will be treated as time worked. Where an employee
voluntarily attends a meeting when not working a rostered shift, but is not directed
to do so, the employee shall be paid an allowance equivalent to the amount of time
spent at the meeting, with a minimum payment equivalent to one hours' work at the
applicable wage rate.
Crew Trainer allowance
Level 2 employees appointed to the position of Crew Trainer must, in addition to the
minimum weekly wage set out above, be paid an additional amount per hour for all
hours worked in accordance with the table below:
State I Territory employee
employed in
ACT
NSW
TAS
VIC
OLD
WA
NT
SA
21.4
Crew Trainer Allowance
(cents per hour)
50 cents
50 cents
51 cents
50 cents
72 cents
56 cents
73 cents
73 cents
Transport
Where an employee is detained at work until it is too late to travel by the last public
transport or other regular conveyance to their usual place of residence, the
employer shall provide proper conveyance free of charge. Other regular
conveyance shall mean and include the employee's own vehicle or arrangement for
private transport as agreed between the employer and employee.
Employees in Western Australia will not be required to commence work before the
first means of public transport (Le. ordinary bus, train or other means of regular
public transport) is available.
21.5
Fares
Where an employee in the course of their employment is required by the Employer
to travel for work purposes, the employee shall receive all fares so incurred. Where
such an employee is required to use their private vehicle on Company business,
then the employee shall receive a 75 cent per kilometre allowance.
21.6
First Aid Allowance
Where a Level 2 employee (or Level 3 employee in ACT only) who holds an
~---~-afll'lr0I'lriat~first-=aiEl~qualifie-ati0fl~is~ppeiflted~by,he~EmpleyeFto~perform~first~aid~~~-~--~~~----~-~
duty, they will be paid as follows:
(a)
for a full time employee, $11.18 per week; and
(b)
for a part time or casual employee, $2.23 per shift.
22
21.7
Higher Duties
Employees required by either the Employer or a level 4 employee to undertake
duties for more than 2 hours on a shift, carrying a higher rate than their ordinary
classification, shall be paid the higher rate for such shift.
21.8
Adjustment of expense related allowances
At the time of any adjustment to the minimum weekly rates of pay in clause 19,
each expense related allowance (being the allowances set out in clause 21.1 (Meal
allowance) clause 21.5 (Fares) above) will be increased by the relevant adjustment
factor.
The relevant adjustment factor for the Meal Allowance is the percentage movement
in the applicable index figure most recently published by the Australian Bureau of
Statistics since the allowance was last adjusted. The applicable index figure is the
index figure published by the Australian Bureau of Statistics for the Eight Capitals
Consumer Price Index (Cat No. 6401.0), for the Take away and fast foods sub
group.
The relevant adjustment factor for the Fares Allowance is the rate published at
those times by the Australian Taxation Office for deductions for car expenses using
the cents per kilometre method, for ordinary cars with an engine capacity of 2601 cc
and over.
21.9
Adjustment of allowances other than expense related allowances.
Allowances other than Crew Trainer allowance, First-Aid Allowance, Locality
Allowances and expense related allowances shall be adjusted on each occasion
that wage rates in this Agreement are increased and shall be adjusted by the %
increase which occurs to the wage rate for a level 2 employee in New South Wales.
21.10 Uniforms
Where uniforms are supplied to an employee and where the value of such uniforms
exceeds $50.00, a once only deposit of $50.00 may be required to be paid by the
employee by means of five $10.00 instalments withheld by the Company from the
employee's wages during the first five pay periods. This deposit shall be repaid to
the employee on termination provided the uniforms issued to them are returned to
the Company in good condition, fair wear excepted.
In situations where a new uniform rollout takes place existing employees may also
be required to pay a uniform deposit as outlined above to be refunded upon
termination of employment.
No employee will be required to pay a deposit more than once.
21.11
Managerial exclusion
Level 4 employees are not entitled to any allowances in this clause except for those
in clause 21.4 (Transport) and clause 21.5 (Fares) above.
22
Locality Allowances
22.1
Employees employed in the following localities in the Northern Territory, Western
Australia, Queensland or in Broken Hill will be paid the locality allowance specified
for that locality.
23
22.2
Northern Territory
22.2.1 Full time adults - North of the 20th parallel of south latitude $16.60 per week
and South of the 20th parallel of south latitude $9.30 per week.
22.2.2 Junior, part time and casual employees shall be paid the appropriate pro
rata amount of the allowance.
22.2.3 The district allowance shall not be used in the calculation of overtime
payments.
22.2.4 No district allowance shall be payable during periods of annual leave or
other leave but shall be payable on the public holidays as provided for in
clause 31 - Public Holidays of this Agreement.
22.3
Broken Hill
22.3.1 Full time adults - $14.14 per week.
22.3.2 Junior, part time and casual employees shall be paid the appropriate pro
rata amount of the allowance.
22.3.3 The district allowance shall not be used in the calculation of overtime
payments.
22.4
Western Australia
22.4.1 TOWN
Agnew
Argyle
Balladonia
Barrow Island
Boulder
Broome
Bullfinch
Carnarvon
Cockatoo Island
Coolgardie
Cue
Dampier
Denham
Derby
Esperance
Eucla
Exmouth
Fitzroy Crossing
Goldsworthy
Halls Creek
Kalbarri
Kalgoorlie
Kambalda
Karratha
Koolan Island
Koolyanobbing
PER WEEK
-----=--'----
--=--- - - - -=----'-==--=-=------'~--=---=---=------'-----~-------
$19.90
$52.90
$20.30
$34.40
$8.40
$31.90
$9.40
$16.40
$35.00
$8.40
$20.40
$27.80
$16.40
$33.20
$5.80
$22.30
$29.10
$40.30
$17.30
$46.40
$7.00
-~~~~~
$8.40
$8.40
$33.30
$35.00
$9.40
24
Kununurra
Laverton
Learmonth
Leinster
Leonora
Madura
Marble Bar
Meekatharra
Mount Magnet
Mundrabilla
Newman
Norseman
Nullagine
Onslow
Pannawonica
Paraburdoo
Port Hedland
Ravensthorpe
Roebourne
Sandstone
Shark Bay
Shay Gap
Southern Cross
Telfer
Teutonic Bore
Tom Price
Whim Creek
Wickham
Wiluna
Wittenoom
Wyndham
22.4.2
22.4.3
$52.90
$20.30
$29.10
$19.90
$20.30
$21.30
$51.10
$17.60
$22.00
$21.80
$19.10
$17.40
$51.00
$34.40
$25.90
$25.80
$27.60
$10.50
$38.30
$19.90
$16.40
$17.30
$9.40
$47.10
$19.90
$25.80
$33.00
$31.90
$20.20
$45.20
$49.70
Except as provided in clause 22.4.3 of this clause, an employee who has:
22.4.2.1
a dependent shall be paid double the allowance
prescribed in clause 22.4.1 of this clause;
22.4.2.2
a partial dependent shall be paid the allowance
prescribed in clause 22.4.1 of this clause plus the
difference between that rate and the amount such
partial dependent is receiving by way of a district or
location allowance.
Where an employee:
22.4.3.1
is provided with board and lodging by his/her
employer, free of charge; or
22.4.3.2
is provided with an allowance in lieu of board and
lodging by virtue of the award or an order or
agreement made pursuant to the Act;
such employee shall be paid 66% per cent of the allowances
.-.~c .-_~.~C.~ ~.~cc_._prescribeQ-in-clablseca2.4.1_Qf.this=clause.-~.-~~
22.4.4
-c
~.---~~_~ -~_--
Subject to clause 22.4.2 of this clause, junior employees, casual
employees, part time employees, apprentices receiving less than adult
rate and employees employed for less than a full week shall receive that
proportion of the location allowance as equates with the proportion that
25
their wage for ordinary hours that week is to the adult rate for the work
performed.
22.4.5
Where an employee is on annual leave or receives payment in lieu of
annual leave he/she shall be paid for the period of such leave the
location allowance to which he/she would ordinarily be entitled.
22.4.6
Where an employee is on long service leave or other approved leave
with pay (other than annual leave) he/she shall only be paid location
allowance for the period of such leave he/she remains in the location in
which he/she is employed.
22.4.7
For the purposes of this clause:
22.4.7.1
"Dependant" shall mean-
(a)
a spouse or defacto spouse; or
(b)
a child where there is no spouse or defacto spouse;
who does not receive a location allowance or who, if in
receipt of a salary or wage package, receives no
consideration for which the location allowance is payable
pursuant to the provisions of this clause.
22.4.7.2
22.4.8
"Partial Dependant" shall mean a "dependent" as prescribed
in paragraph (a) of this subclause who receives a location
allowance which is less than the location allowance
prescribed in subclause (1) of this clause or who, if in receipt
of a salary or wage package, receives less than a full
consideration for which the location allowance is payable
pursuant to the provisions of this clause.
Where an employee is employed in a town or location not specified in
this clause the allowance payable for the purpose of clause 22.4.1 shall
be such amount as may be agreed between the SDA and McDonald's
Australia Ltd or, failing such agreement, as may be determined by Fair
Work Australia.
22.5 Queensland
22.5.1
Full time adults:
Northern Division, Eastern District
Northern Division, Western District
Mackay Division
Southern Division, Western District
Southern Division, Eastern District
$1.20
$3.72
$1.03
$1.20
Nil
22.5.2
Junior, part time and casual employees shall be paid the appropriate pro
rata amount of the allowance.
22.5.3
These amounts shall be payable for all purposes of this Award.
22.5.4
Divisions and Districts
For the purpose of this Agreement, the divisions and districts are as
follows:
22.5.4.1
Northern Division - That portion of the State along or
north of a line commencing at a junction of the sea-
26
coast with the 21 st parallel of south latitude; then by
that parallel of latitude west to 147 degrees of east
longitude; then by that meridian of longitude due south
to 22 degrees 30 minutes of south latitude; then by that
parallel of latitude due west to the western border of the
State.
22.6
22.5.4.2
Mackay Division - That portion of the State within the
following boundaries: Commencing at the junction of the
sea-coast with the 21 st parallel of south latitude; then by
that parallel of latitude due west to 147 degrees of east
longitude; then by that meridian of longitude due south
to 22 degrees of south latitude; then by that parallel of
latitude due east to the sea-coast; then by the sea-coast
northerly to the point of commencement.
22.5.4.3
Southern Division - That portion of the State not
included in the Northern or Mackay Divisions.
22.5.4.4
Northern Division: Eastern District - That portion of the
Northern Division along or east of 144 degrees 30
minutes of east longitude. Western District - The
remainder of the Northern Division.
22.5.4.5
Southern Division: Eastern District - That portion of the
Southern Division along or east of a line commencing at
the junction of the southern border of the State with 150
degrees of east longitude; thence by that meridian of
longitude due north to 25 degrees of south latitude;
thence by that parallel of latitude due west to 147
degrees of east longitude; thence by that meridian of
longitude due north to the southern boundary of the
Mackay Division. Western District - The remainder of
the Southern Division.
Adjustment of Locality Allowances
22.6.1 In the case of the Northern Territory allowances these allowances are fixed
and will not be increased.
22.6.2 In the case of the Western Australia allowance these allowances will be
increased in line with and at the same time as the equivalent allowances
are adjusted by the Western Australia Industrial Relations Commission
(WAIRC) and in the absence of any adjustment by the WAIRC these
allowances shall be adjusted on 1 July each year in the same manner as
previously used by the WAIRC.
22.6.3 In the case of the Broken Hill allowance the allowance shall be adjusted by
the % increase which occurs to the rate of pay for a Level 2 employee.
22.6.4 In the case of the Queensland allowances these allowances will be
increased in line with and at the same time as the equivalent allowances
fiJst Cl,c:lj!.lstec:lJ>), th~ _Q!J~JlnsIgDd_Jnd!,tstrigL ReLqtiQm~~ _CoJTImissiQn ~ (QI8Q)
~andln the-absence oTany-adjUstmentby Th-ioll=!c the-se-Cinowances-shaIC
be adjusted on 1 July each year in the same manner as previously used by
the QIRC.
27
c
23
Superannuation
"Superannuation Fund" means Retail Employees Superannuation Trust (REST)
(provided that it offers a MySuper product) or the fund referred to in 23.1.1 or
23.1.2.
23.1
Superannuation Legislation
Superannuation legislation, including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992
(Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the
Superannuation (Resolution of Complaints) Act 1993 (Cth) ("Superannuation
legislation"), deals with the superannuation rights and obligations of the Employer
and employees.
23.2
23.1.1
Level 4 employees may choose their own superannuation fund, in
accordance with Superannuation legislation. If an employee does not
choose a superannuation fund, superannuation contributions shall be paid
into REST.
23.1.2
Employees, as at date of lodgement of this Agreement, who have
contributions made to a superannuation fund other than REST, subject to
that fund being a complying fund, can continue to have their contributions
made to that fund. An employee can elect to change their fund to REST.
23.1.3
The rights and obligations in these clauses supplement those in
Superannuation legislation.
Employer contributions
The Employer must make contributions to REST except in the case of 23.1.1 or
23.1.2. An Employer must, each month in the case of payments to REST and each
month or no later than quarterly in the case of any other fund according to the deed
of the fund, make such superannuation contributions to the superannuation fund for
the benefit of an employee as will avoid the Employer being required to pay the
superannuation guarantee charge under Superannuation legislation with respect to
that employee.
23.3
23.4
Voluntary employee contributions
23.3.1
Subject to the governing rules of the superannuation fund, an employee
may, in writing, authorise their Employer to pay on behalf of the employee
a specified amount from the post-taxation wages of the employee into the
same superannuation fund as the Employer makes the superannuation
contributions provided for in clause 23.1.
23.3.2
An employee may adjust the amount the employee has authorised their
Employer to pay from the wages of the employee from the first of the
month following the giving of three months' written notice to their
Employer.
23.3.3
The Employer must pay the amount authorised under this sub clause no
later than 28 days after the end of the month in which the deduction
authorised under this sub clause was made.
Absence from work
Subject to the governing rules of the superannuation fund, the Employer must also
make the superannuation contributions provided for in clause 23.2 and pay the
amount authorised under clause 23.3:
23.4.1
Paid leave-while the employee is on any paid leave.
28
23.4.2
Work-related injury or illness-For the period of absence from work
(subject to a maximum of 52 weeks) of the employee due to work-related
injury or work-related illness provided that:
23.4.2.1
the employee is receiving workers compensation payments or
is receiving regular payments directly from the Employer in
accordance with statutory requirements; and
23.4.2.2
the employee remains employed by the Employer.
24
Payment of Wages
24.1
Subject to clause 24.2, wages will be paid weekly, and may also be paid in arrears.
24.2
Clause 24.1 does not apply to Level 4 employees. Wages of level 4 employees
may be paid bi monthly or fortnightly, and may also be paid in arrears.
24.3
The Employer shall supply to each employee a payslip with each pay which meets
all the requirements under relevant legislation.
24.4
Where ordinary hours are worked over a one, two, three or four week cycle (or
such period as may be agreed between the Employer and the employee), an
Employer may employ a system of average weekly pay. In calculating average pay,
the Employer must calculate the total wages that an employee would earn for
working ordinary hours over the cycle. This total must then be divided by the
number of weeks of the cycle.
24.5
An employer must not hold more than 3 days pay in hand.
25
Accident Make-up Pay (Victoria Only)
25.1
Entitlement to accident make-up pay
Where an employee becomes entitled to weekly compensation payments under the
Accident Compensation Act 1985 (the Act), the employer will pay to the employee
an amount equivalent to the difference between:
25.2
25.1.1
The level of weekly compensation and any weekly wages earned or able
to be earned if partially or totally incapacitated and
25.1.2
The amount that would have been payable under this Agreement for the
classification of work if the employee had been performing their normal
duties, provided that such rate shall exclude additional remuneration by
way of attendance bonus payments, shift premiums, overtime payments,
special rates, fares and travelling allowance or other similar payments.
Accident make-up pay shall not apply:
25.2.1
in respect of any injury during the first seven consecutive days (including
non working days) of incapacity.
25.2.2
To any incapacity occurring during the first two weeks of employment
unless such incapacity continues beyond the first two weeks.
29
25.2.3
Entitlement to accident make-up pay continues (subject to 25.6, 25.7 and
25.8) on termination of an employee's employment where such
termination:
25.2.3.1
Is by the employer other than for reasons of the employee's
serious and/or wilful misconduct; or
25.2.3.2
Arises from a declaration of liquidation of the employer, in
which case the employee's entitlement in the absence of
agreement shall be referred to the Fair Work Commission.
25.3
Industrial disease contracted by a gradual process or injuries subject to recurrence,
aggravation or acceleration shall not be subject to the accident make-up pay unless
the employee has been employed with the employer at the time of the incapacity
for a minimum period of one month.
25.4
Maximum period of payment
The maximum period or aggregate period of accident make-up pay to be made by
an employer shall be a total of 39 weeks for anyone injury.
25.5
Absences on other paid leave
An employee shall not be entitled to payment of accident make-up pay in respect of
any period of other paid leave of absence.
25.6
Variation in compensation rates
Any changes in compensation rates under the Act shall not increase the amount of
accident make-up pay above the amount that would have been payable had the
rates of compensation remained unchanged.
25.7
Medical examination
25.7.1
In order to receive entitlement to accident make-up pay an employee shall
conform to the requirements of the Act as to medical examination.
25.7.2
Where, in accordance with the Act a medical referee gives a certificate as
to the condition of the employee and fitness for work or specifies work for
which the employee is fit and such work is made available by the
employer and refused by the employee or the employee fails to
commence the work, accident make-up pay shall cease from the date of
such refusal or failure to commence the work.
25.8
Where there is a redemption of weekly compensation payments under the Act, the
employer's liability to pay accident pay shall cease as from the date of such
redemption.
25.9
Death of Employee
All rights to accident pay shall cease on the death of an employee.
26
Supported Wage
An--Bmplo¥ile'&WageJnayJlaa~SUpl2-ortad-wagejnsteacLolthawa9-es-a~prescdbe_~~~_~~.~~=~-.~
in this Agreement, subject to the employee qualifying for a supported wage.
Supported wages and qualification for such wages will be in accordance with the
supported wage system established by the Commonwealth Government, as
documented in the Supported Wage System Handbook or other legally required
instrument or document.
30
Ordinary Hours of Work
27
Hours of Work
27.1
This clause does not operate to limit or increase or in any way alter the trading
hours of any Employer as determined by the relevant State or Territory legislation.
27.2
Ordinary Hours
27.2.1 Ordinary hours may be worked any time Monday to Sunday.
27.2.2
27.3
Hours of work on any day will be continuous, except for rest pauses and
meal breaks.
Maximum Hours on a Day
An employee may be rostered to work up to a maximum of 9.5 hours on any day
exclusive of meal breaks.
27.4
3S-hour Week Rosters
The following options shall be available to determine the manner in which full-time
employees are to work their 38 ordinary hours:
27.5
28
27.4.1
a fixed or rotating day off in each four week period; or
27.4.2
a shorter working day of not more than four hours work in ordinary time
on one day in each two week period; or
27.4.3
a shorter working day of not more than six hours in ordinary time on
one day in each week; or
27.4.4
a shorter working day of not more than 7.6 hours work in ordinary time
on any day; or
27.4.5
an Employer may with the agreement of the majority of employees in a
restaurant or with the individual employee concerned substitute the day
or part of the day that the employees are or the individual employee is to
take off. Such substituted day or part-day is to be arranged and taken as
soon as practicable and in any event prior to the next rostered day or
part-day off.
Minimum Break between times worked
27.5.1
Subject to clause 27.5.2, an employee must be given a continuous
period of at least 10 hours for rest between each engagement. An
employee who is not given a 10 hour break between engagements, shall
be paid overtime at the rate of time and half for the first 2 hours and
double time thereafter for any time worked during the second
engagement, until such time as the employee is given a 10 hour break.
27.5.2
Clause 27.5.1 will not apply to Level 4 employees.
Overtime
31
28.1
28.2
Reasonable overtime
28.1.1 Subject to clause 28.1.2, an Employer may require an employee to work
reasonable overtime at overtime rates in accordance with the provisions of
this clause.
28.1.2 An employee may refuse to work overtime in circumstances where the
working of such overtime would result in the employee working hours which
are unreasonable having regard to:
28.1.1.1
any risk to employee health and safety;
28.1.1.2
the employee's personal circumstances including any family
responsibilities;
28.1.1.3
the needs of the McDonald's restaurant;
28.1.1.4
the notice (if any) given by the Employer of the overtime and by
the employee of their intention to refuse it; and
28.1.1.5
any other relevant matter.
Overtime and penalty rates
28.2.1 Overtime rates of time and half for the first 2 hours and double time
thereafter shall be paid for all work in excess of:
28.3
28.2.1.1
152 hours per 4 weeks for a full time employee;
28.2.1.2
38 hours per week for a part-time and casual employee;
28.2.1.3
9.5 hours per day excluding meal break;
28.2.1.4
5 shifts per week; or
28.2.1.5
where a part-time employee is rostered outside their mutually
agreed availability as provided by subclause 14.2;
28.2.1.6
hours worked by an employee where clauses 13.4 and 13.5
and 14.9 and 14.10 are not complied in a given week or 4 week
period for that employee as the case may be.
Early Morning Work
A loading of 10% will apply for ordinary hours of work within the span of hours
between 1.00 am and 5.00am, and for casual employees an additional 10% of the
rate on top of the casual rate.
28.4
Managerial Exclusion
Clauses 27.5, 28.2, 28.3 or 44.2 will not apply to Level 4 employees.
29
Breaks during work periods
29.1
Breaks will be given as follows:
2911
..
Hours worked
LesSlnan 2f ftoars
Paid Drink break
No pam arinK maar
Meal break
Nu-rrreaFBretl:K
4 hours but up to 5 hours
A 10 minute paid drink
break
A 10 minute paid drink
break
No meal break
More than 5 hours but
less than 9 hours
One meal break of at
least 30 minutes but not
32
9 hours or more
Two 10 minute paid drink
breaks
more than 60 minutes
One or two meal breaks
of at least 30 minutes but
not more than 60 minutes
subject to 29.1.5
29.1.2 Level 3 or 4 employees may instead of the meal break in subclause 29.1.1
choose to have instead a 30 minute paid break, which is to be taken
according to operational requirements. Such paid break will be called a Crib
Break. A crib break means that the employee is entitled to take a 30 minute
break, broken into shorter periods to suit operational requirements. A Crib
Break shall not count as time worked.
29.1.3 Subject to subclause 29.1.2, where an employee does not receive a meal
break as and when prescribed, the employee shall be paid at double
ordinary time for all time worked from the time when the meal break
becomes due until such time as it is given.
29.1.4 Paid drink breaks are to be taken as directed by a Manager or Shift
Supervisor within the period specified.
29.1.5 An employee shall not work more than 5 hours without a meal break.
Leave and Public Holidays
30
Annual leave
30.1
Subject to the remainder of this clause, annual leave is provided to employees in
accordance with the NES. Currently, under the NES, weekly employees are entitled
to 4 weeks' annual leave per annum.
30.2
Annual leave loading
During a period of annual leave an employee will receive annual leave loading of
17.5% calculated on the applicable minimum weekly wage in clause 19. Annual
leave loading is payable on leave accrued. Annual leave loading is payable on
leave paid out on termination.
30.3
Paid leave in advance of accrued entitlement
An Employer may allow an employee to take annual leave either wholly or partly in
advance before the leave has accrued. Where paid leave has been granted to an
employee in excess of the employee's accrued entitlement, and the employee
subsequently leaves or is discharged from the service of the Employer before
completing the required amount of service to account for the leave provided in
advance, the Employer is entitled to deduct the amount of leave in advance still
owing (including any annual leave loading paid in advance) from any remuneration
payable to the employee upon termination of employment, subject to applicable
legislation.
-30.4-· Cashing out-of-Annual leave
A weekly employee may apply only once per annum to cash-out paid annual leave
subject to the following terms:
33
30.4.1
paid annual leave must not be cashed out if the cashing out would result
in the employee's remaining accrued entitlement to paid annual leave
being less than 4 weeks;
30.4.2
each cashing out of a particular amount of paid annual leave must be by a
separate agreement in writing between the Employer and the employee;
30.4.3
the employee must be paid at least the full amount that would have been
payable to the employee had the employee taken the leave that the
employee has forgone; and
30.4.4
the Employer agrees and such agreement will not be unreasonably
withheld.
31
Personal/Carers and Compassionate Leave
31.1
Subject to the remainder of this clause 31, personal/carer's is provided to
employees in accordance with the NES. Currently, the NES provides as follows:
31.1.1
Entitlement to paid personal/carer's leave for weekly employees
31.1.1.2
Amount of leave
For each year of service with his or her Employer, a full time
employee is entitled to 10 days of paid personal/carer's leave
and a part time employee has a pro rata entitlement.
31.1.1.2
Accrual of leave
An employee's entitlement to paid personal/carer's leave
accrues progressively during a year of service according to the
employee's ordinary hours of work, and accumulates from year
to year.
31.1.2 Entitlement to unpaid carer's leave for all employees
An employee (including a casual) is entitled to 2 days of unpaid carer's
leave for each occasion when a member of the employee's immediate
family, or a member of the employee's household, requires care or support
because of:
(a) a personal illness, or personal injury, affecting the member;
or
(b) an unexpected emergency affecting the member.
31.2
Compassionate leave
A weekly employee is entitled to 3 days of paid compassionate leave and a casual
employee is entitled to 3 days of unpaid compassionate leave for each occasion
when a member of the employee's immediate family, or a member of the
employee's household:
(a) contracts or develops a personal illness that poses a serious threat to his or
her life; or
(b) sustains a personal injury that poses a serious threat to his or her life; or
(c) dies.
31.3
Casual Employees
31.3.1
Casual employees are entitled to be not available for work or to leave
work to care for a person who is sick and requires care and support or
who requires care due to an emergency.
31.3.2
Such leave is unpaid. A maximum of 48 hours' absence is allowed by right
with additional absence by agreement.
34
31.4
An employer must not fail to re-engage a casual employee because the employee
has accessed the entitlement under this clause.
32
Public Holidays
32.1
Weekly employees will be entitled to the following public holidays without loss of
pay:
New Year's Day
Australia Day
Good Friday
Easter Saturday (Except Tasmania)
Easter Monday
Queen's Birthday
Christmas D~
Boxing Day
Anzac Day
Labour Day
32.2
Any additional declared or prescribed public holidays other than those prescribed
above shall be additional public holidays for the purpose of this Agreement. As
such, weekly employees will be entitled to the public holiday without loss of pay.
32.3
The following days shall be taken in addition to the days named above, or in lieu of
where stated:
ACT
NORTHERN TERRITORY
NSW
Canberra Day and in addition ACT Family and
Community Day* (the first Tuesday in November, or
any other day declared by the Government as a
replacement of the day)
Darwin CllQ D~ or Show D~ as rlillionally observed
Easter Sunday and Picnic Day* (shall be the first
Tuesday in November)
QUEENSLAND
SOUTH AUSTRALIA
Exhibition Day or the appropriate regional show day
Christmas Eve and New Years Eve after 7pm.
(Adelaide Cum and Picnic D~Port Pirie.
TASMANIA
In lieu of Easter Saturday, Show Day and in addition
Hobart Regatta Day (south of Oatlands) or
Recreation Day (where Hobart Regatta Day is not
observed).
WESTERN AUSTRALIA
Foundation D~
VICTORIA
Melbourne Cup Day in the Metropolitan Area or
another day outside the Metropolitan Area (Provided
that where a local day is proclaimed or gazetted in a
locality outside the Metropolitan area and Melbourne
Cup Day is not proclaimed or gazetted in the locality,
then the local day shall be taken as a full day public
holid~ in lieu of Melbourne CUR Day!.
.
...
*PICniC Day In NSW and Family and Community Day In ACT Will be treated as
additional paid days off or pay in lieu, however, work performed on these days will
not attract public holiday rates of pay.
32.4
All E!TII:lI~ye.rjlnQamgjQriW~Qf e.mplQy~e~may gg(§~tlQ§blbsti1lJte~~l.QQtheLday fpJ g
public holiday. If an employee works on either the public holiday or the substitute
day public holiday, penalties apply to the day worked. If both days are worked, the
public holiday penalties must be paid on one day chosen by the employee.
32.5
All employees except a level 4 employee will be compensated for working on a
public holiday by payment at the rate of 200% of the minimum weekly wage (which,
35
in respect of casual employees, includes the casual loading provided for in clause
15.2).
32.6
Employees working on a public holiday will be engaged for minimum of 3 hours.
32.7
A full time employee whose non working day falls on a public holiday, shall be
entitled to an additional day's ordinary pay.
32.8
A part time employee shall be entitled to the provision of clause 32.7 where the
employee is rostered so that they do not work their ordinary hours on the same
days each week (an alternating roster) and the public holiday falls on a day on
which the employee works in any week of their roster cycle.
32.9
Furthermore, a part time employee shall be entitled to the provisions of clause 32.7
where the employee is normally rostered to work 5 days per week and their non
working day falls on a public holiday.
32.10 An employee is entitled to be absent from his or her employment on a day or part
day that is a public holiday in the place where the employee is based for work
purposes. However, an employer may request an employee to work on a public
holiday if the request is reasonable. If an employer requests an employee to work
on a public holiday, the employee may refuse the request if the request is not
reasonable or the refusal is reasonable.
In determining whether a request, or a refusal of a request, to work on a public
holiday is reasonable, the following must be taken into account:
a) the nature of the employer's workplace or enterprise (including its
operational requirements), and the nature of the work performed by the
employee;
b) the
employee's
personal
circumstances,
including
family
responsibilities;
c) whether the employee could reasonably expect that the employer might
request work on the public holiday;
d) whether the employee is entitled to receive overtime payments, penalty
rates or other compensation for, or a level of remuneration that reflects
an expectation of, work on the public holiday;
e) the type of employment of the employee (for example, whether
full-time, part-time, casual or shiftwork);
f) the amount of notice in advance of the public holiday given by the
employer when making the request;
g) in relation to the refusal of a request-the amount of notice in advance
of the public holiday given by the employee when refusing the request;
h) any other relevant matter.
33
Community Service Leave
Community service leave is provided for in the NES.
34
Emergency Services Leave
34.1
FUll-time and part-time employees involved in recognised voluntary services
including SES and fire fighting shall be entitled to paid time off at ordinary time
~~~~~~~~~~~~~rat@s~tQ~atte .. dotG=oemer0eI:}G¥=Situat~Ql:}lss~.~~~~~~~~~~~~~~~~~~~~~~~~~
34.2
It shall be the responsibility of the employee to keep the Employer informed about
the time off needed to attend to emergency duties.
34.3
To receive payment, a employee shall provide the Employer proof of attendance at
the emergency situation.
36
34.4
Paid time off for attendance at emergencies in the local area shall not be
unreasonably restricted nor accessed.
34.5
Paid time off for emergencies that are not local shall be limited to two days but may
be increased depending upon the nature of the emergency, e.g. major bushfires.
34.6
Ordinary time rates for the purposes of this clause includes District Allowances as
provided in this Agreement, but does not include other allowances, penalty
payments and overtime payments as provided for in this Agreement.
35
Natural Disaster Leave
35.1
The Employer will endeavour to avoid loss of pay to weekly employees at the time
of a natural disaster.
35.2
A weekly employee will receive 2 days' paid leave if there is a justified reason that
the employee is unable to attend work due to a natural disaster. If, at the conclusion
of the 2 days' paid leave a weekly employee is still unable to report to work as a
result of a natural disaster then:
35.2.1 The Employer will discuss with the employee the taking of annual leave to
cover the time off work; or
35.2.2 The Employer and the employee may mutually agree, where possible, for
make-up time to be worked.
35.3
Where a "yellow alert" is announced for cyclones, or where flooding or bush fires
are imminent, employees with children will be allowed to leave work for the
remainder of that day to care for their children sent home from school.
35.4
Where a "yellow alert" is announced for cyclones, or where flooding or bush fires
are imminent, employees with property in imminent danger will be allowed to leave
work for the remainder of that day to attend to their property.
36
Jury Service Leave
Where an employee is absent from his or her employment for a period because of
jury service; and the employee is not a casual employee, the employee will be
entitled to be paid the applicable minimum weekly wage (less any payments
received for attending Jury Service) for their ordinary hours of work in the period,
subject to providing evidence.
37
Unpaid Leave
37.1
Where a weekly employee proceeds on authorised unpaid leave of absence of one
week's duration or more as defined in sub-clause 37.3, all entitlements to annual
leave, sick leave, and long service leave will be frozen from the date of
commencing such leave to the date of returning from such leave.
37.2
-ProVideca 1I1at; -37.2.1
the maximum period of leave of absence on anyone occasion may be up
to 12 months;
37.2.2
the employee takes all their accrued but untaken annual and long service
leave prior to the period of absence unless otherwise agreed; and
37
37.2.3
37.3
37.4
such absence shall not break continuity of employment for the employee
concerned.
"Leave of Absence" shall mean an approved period of unpaid leave and whilst
not exhaustive, may include:
37.3.1
an employee who is studying and requires time to participate in annual
school holidays;
37.3.2
an employee who wishes to travel overseas or interstate for an extended
period; and
37.3.3
an employee who requires time to care for a sick or injured close relative.
Unpaid Study Leave
Subject to the approval of the Employer, employees who are students currently
attending years 11 or 12 of secondary school, TAFE or University, shall be entitled
to up to 4 weeks unpaid study leave per year for the purpose of attending exams or
other study related matters provided that:
(a) Where an employee has accrued annual leave, they may access their
annual eave for this purpose prior to taking any unpaid study leave;
(b) An application for leave is made by the employee at least 2 weeks prior to
the proposed commencement date of the first day of the study leave, so
far as is reasonably practicable;
(c) Unless otherwise agreed by the Employer and employee, study leave is
to be taken in a minimum of 2 week blocks;
(d) If required by the Employer, the employee will provide evidence
supporting the study leave dates;
(e) Leave will not be granted from the period beginning 20 December through
to 20 January inclusive;
(f) If the above conditions are met, applications for unpaid study leave shall
not be unreasonably refused; and
(g) The employee shall be entitled to return to their normal role at the end of
their study leave.
38
Blood Donor Leave
38.1
Subject to the remainder of this clause, a weekly employee who is absent during
ordinary working hours for the purpose of donating blood, shall not suffer any
deduction of pay up to a maximum of 2 hours on each occasion and subject to a
maximum of 4 separate absences for the purpose of donating blood each calendar
year.
38.2
Provided further that such employee shall arrange for the absence to be on a day
suitable to the Employer and be as close as possible to the beginning or ending of
the ordinary working hours.
38
38.3
Proof of attendance by the employee at a recognised place for the purpose of
donating blood and the duration of such attendance, must be provided to the
satisfaction of the Employer.
38.4
Further, the employee shall notify his or her Employer as soon as possible of the
time and date upon which they are requesting to be absent for the purpose of
donating blood.
39
Bone Marrow Donor Leave
39.1
Subject to the remainder of this clause, an employee who is absent during ordinary
working hours for the purpose of donating bone marrow, or for the purpose of
undertaking a blood test as part of the process of becoming a registered bone
marrow donor, will not suffer any deduction of pay up to a maximum of:
39.1.1 2 hours on not more than two occasions for the purpose of blood testing as
part of the process of becoming a registered bone marrow donor; and
39.1.2 three days on any occasion that a bone marrow donation is given.
39.2
In relation to blood testing as part of the process of becoming a registered bone
marrow donor the employee must arrange for the absence from work to be on a
day suitable to the Employer and the absence must be as close as possible to the
beginning or end of the employee's ordinary working hours.
39.3
In relation to bone marrow donations the employee must provide the Employer with
as much notice as is possible of requested bone marrow donation.
39.4
So far as is possible the employee must make arrangements for a bone marrow
donation so as to minimise the absence from work.
39.5
Proof of attendance of the employee at either blood test or bone marrow donation
and the duration of respectively the blood test or the bone marrow donation must
be provided to the Employer.
40
Defence Forces Leave
40.1
A full-time or part-time employee shall be allowed leave of up to two weeks
maximum per calendar year to attend Defence Forces approved training camps.
40.2
During such leave full-time and part-time employees who are required to attend fulltime training shall be paid an amount equal to the difference between the payment
received in respect of their attendance at camp and the amount of minimum weekly
wages they would have received for working ordinary time during that period.
40.3
To receive payment, an employee shall provide the Employer proof of attendance
and proof of the Defence Forces rate of pay and total payment received for the time
spent training.
40.4
Employees seeking to take Defence Force Leave must provide notice to the
Employer at least one month prior to the period of training. The notice should detail
thestarra.m:lliITisllda.te~fortraiffing.· c_
41
.0._
-
-
•
Domestic Violence Leave
39
41.1
Employees who experience family or domestic violence and require time off work to
attend to medical appointments, legal proceedings and/or any other related
activities, will be entitled to:
41.1.1 unpaid leave for up to 2 days per occasion.
41.1.2 use personal leave, as per clause 31.
41.2
Consideration will be given to requests for further unpaid leave on a case by case
basis, as per clause 37.
41.3
Employees experiencing family or domestic violence will have the right to request
flexible working arrangements and the employer will assess these based on
business requirements.
41.4
An employee may be required to produce evidence that family or domestic violence
has occurred, such as; a medical certificate, a document issued by the police
service and/or court.
41.5
The employer and the employee will ensure all reasonable attempts are made to
ensure personal information concerning matters of family or domestic violence are
kept confidential and may only be divulged in exceptional circumstances, in
consultation with one another, where it is imperative to maintain the safety of the
employee and/or co-workers.
42
Parental Leave
42.1
Employees that have completed at least 12 months of continuous service are
eligible for unpaid parental leave. This includes casual employees who have:
42.1.1 Been employed by their Employer on a regular and systematic basis for a
sequence of periods over at least 12 months; and
42.1.2 Had it not been for the birth (or expected birth) or adoption (or expected
adoption) of a child, they would have a reasonable expectation of continuing
employment by the employer on a regular and systematic basis.
42.2
The NES provides for unpaid parental leave entitlements for employees covered by
this Agreement. Parental leave provisions in the NES provide for birth-related
leave, adoption related leave and also recognise same sex defacto relationships. In
addition to unpaid parental leave, the NES also provides the following related
entitlements:
42.2.1 Unpaid special maternity leave;
42.2.2 A right to transfer to a safe job in appropriate cases, or to take paid 'no safe
job leave';
~~~~~~~~~~~~~4Z2:3~nsultation
reqairements;
42.2.4 a return to work guarantee; and
42.2.5 unpaid pre-adoption leave.
40
42.3
The NES also includes procedures for notifying the Employer about parental leave,
evidence requirements, and how the leave may be taken.
43
Union Membership
43.1.
The Employer will invite the SDA to attend Crew Meetings. The invitation will be
given to the SDA at the earliest possible time so as to enable the SDA to attend the
Crew Meetings. The parties agree that fifteen minutes shall be reasonable time for
the SDA to address employees.
43.2.
The Employer will invite the SDA to attend the Induction of new employees. The
invitation will be given to the SDA at the earliest possible time so as to enable the
SDA to attend the Inductions. The parties agree that fifteen minutes shall be
reasonable time for the SDA to address employees. All new employees covered by
this Agreement shall, upon induction, be given access to an application form and
any other appropriate literature to assist employees to decide whether to join the
SDA.
43.3.
The Employer undertakes, upon authorisation by the employee, to deduct SDA
membership dues, as levied by the SDA in accordance with its rules, from the pay
of employees who are members of the SDA. Such monies collected shall be
forwarded to the SDA at the beginning of each month, together with the necessary
information to enable the reconciliation of the crediting of subscriptions to members'
accounts.
44
Savings
44.1
No employee will, as a result of the introduction of this Agreement:
44.1.1 suffer a reduction from the hourly rate that they received immediately prior
to the first full pay period commencing on or after 24th June 2013; or
44.1.2 suffer a reduction in their hourly rate during the term of this Agreement.
44.2
Queensland Special Rates
44.2.1 For full-time employees in Queensland who were engaged prior to the first full
pay period commencing on or after 24th June 2013, all ordinary time worked by
on a Saturday or Sunday shall be paid for at the rate of time and a-quarter.
44.2.2 Provided that full-time employees in Queensland who were engaged prior to
the first full pay period commencing on or after 24th June 2013 outside of the
South-Eastern Division of Queensland will be paid at the rate of time and ahalf.
44;2,3- 8euth-eastern 8ivision of Queensland for1his-elausewillbe thatcportion-ofthe .
Southern Division along or east of a line commencing at the junction of the
southern border of the State with 150 degrees of east longitude; thence by that
meridian of longitude due north to 25 degrees of south latitude; thence by that
parallel of latitude due west to 147 degrees of east longitude; thence by that
41
meridian of longitude due north to the southern boundary of the Mackay
Division.
44.2.4 The calculation of these rates will be based on:
44.2.4.1
From the first full pay period on or after 24th June 2013, the
applicable weekly wage set out in clause 18, less 5.4%;
44.2.4.2
From the first full pay period on or after 1sl February 2014, the
applicable weekly wage set out in clause 18, less 7.2%;
44.2.4.3
From the first full pay period on or after 1sl July 2014, the
applicable weekly wage set out in clause 18, less 9%;
42
SIGNATURES:
Signed for the Employers
Signatory Name:
~!lv
C< f"/ /fl e
~__'="-'_~=----=e=-__J2=-:=--e__3~---'-\_U_~i""""1r-__
Signatory Name: _ _ _ _
Signatory Address:
_b'"-tt:.._~---"Ic_oo_Y---i,t,---_5---,3",-----Q_,",_rL_~_~_S_f~),--~f.,(60 U
Basis of signatory's authority to sign the Agreement:
14L
akvl.
fJIV(}ow
I
I.-/)
a....
The above person was appointed by the employees to sign the Agreement on their behalf.
OR
The above person is a bargaining representative in accordance with Division 3 of the Fair
Work Act 2009.)
Date:
43
V'
~
Schedule A A.1
A.2
A.3
Classifications
McDonald's Employee Level 2.
•
An employee engaged in the preparation, the receipt of orders, cooking,
sale, serving or delivery of meals, snacks and/or beverages which are sold to
the public primarily to take away or in food courts in shopping centres. This
also includes employees engaged in incidental cleaning, cleaning of toilets,
janitorial duties, minor equipment or facility maintenance, attending to
gardens and grounds including mowing, and other handy work which does
not require a trade certificate or other technical license. A McDonald's
Employee Level 2 will undertake duties as directed within the limits of their
competence, skills and training;
•
A McDonald's Employee Level 2 will undertake duties as directed within the
limits of their competence, skills and training including incidental cleaning,
cleaning of toilets, other handy work
•
A McDonald's Employee Level 2 may be required from time to time to
undertake coaching and training of other staff.
•
A McDonald's Employee Level 2 means an employee who has completed
either a Front Area Verification or Back Area Verification.
McDonald's Employee Level 3
•
A McDonald's Employee Level 3 means an employee is appointed to the
position of 'Shift Supervisor' by the Employer, performs such work. A level 3
employee has the major responsibility on a day to day basis for supervising
McDonald's Level 2 Employees and/or training new employees or employees
not required to exercise trade skills.
•
A McDonald's Employee Level 3 does not have management responsibilities.
McDonald's Employee Level 4
•
A McDonald's Employee Level 4 means an employee who is appointed to the
position of 'Shift or Trainee Manager' or 'Manager' by the Employer.
In this clause, 'Manager' means an employee engaged by the Employer in
the role of Assistant Manager, Restaurant Manager, Department Manager or
Assistant Department Manager or an equivalent role. For the avoidance of
doubt, this does not include managers who have responsibility for multiple
McDonald's restaurants.
44