Variation of modern awards to include a delegates’ rights term - [2024] FWCFB 166

[2024] FWCFB 166

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

cl.95, Schedule 1 - FWC to vary certain modern awards

Variation of modern awards to include a delegates’ rights term

(AM2024/6)

VICE PRESIDENT ASBURY
DEPUTY PRESIDENT BINET
COMMISSIONER LIM

BRISBANE, 19 MARCH 2024

Variation of modern awards to include a delegates’ rights term for workplace delegates – Fair Work Legislation Amendment (Closing Loopholes) Act 2023 – scheduling for consultations.

In a Statement issued on 18 January 2024, the President of the Fair Work Commission commenced the process to vary all modern awards to include a delegates’ rights term in accordance with the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) (Closing Loopholes Act). The Statement contained a draft timetable and an audit, at Attachment B, of existing terms in modern awards that deal with workplace delegates and sought comments from parties as to any additional terms that may have been omitted.

Ai Group, in a submission dated 25 January 2024 in response to Attachment B of the Statement, said that provisions in clauses 5.1 and 6.2 of the Supported Wage Schedule ought to have been included. Ai Group further requested that terms dealing with dispute resolution training leave be included in full. We have incorporated this feedback into a revised audit which is set out at Attachment A.

The timetable for the process was confirmed in a Statement issued by the President on 30 January 2024.

The matter has been delegated to this Full Bench by the President.

In accordance with that timetable, the following parties made submissions:

·  Australian Business Industrial and Business New South Wales
·  Australian Chamber of Commerce and Industry
·  Australian Council of Trade Unions
·  Australian Entertainment Industry Association
·  Australian Higher Education Industrial Association
·  Australian Industry Group
·  Australian Manufacturing Workers’ Union
·  Australian Nursing and Midwifery Federation
·  Australian Public Service Commission
·  Australian Services Union
·  Australian Workers’ Union
·  Clubs Australia
·  Commissioner for Public Employment – Northern Territory Public Sector
·  Communications, Electrical and Plumbing Union of Australia
·  Community and Public Sector Union
·  Construction, Forestry and Maritime Employees Union – Construction and General Division
·  Construction, Forestry and Maritime Employees Union – Manufacturing Division
·  Housing Industry Association
·  Mining and Energy Union
·  National Disability Services
·  National Electrical and Communications Association
·  National Tertiary Education Union
·  Pharmacy Guild of Australia
·  Shop, Distributive and Allied Employees’ Association
·  United Workers’ Union
·  Victorian Automotive Chamber of Commerce

Submissions in reply are to be lodged by 28 March 2024.

As indicated in the 30 January 2024 Statement, consultation sessions are to be held in the week commencing 8 April 2024. We propose that the consultation sessions be held in Sydney and/or Melbourne on the following dates:

·  10 April 2024
·  11 April 2024
·  12 April 2024

Any party seeking to participate should contact [email protected] by 28 March 2024 indicating their availability on these dates and preferred location for the purposes of scheduling. We will attempt to accommodate preferred dates and locations for all interested parties, noting that this may require that some appear by video link. A notice of listing will be published shortly after. Any feedback in response to the revised audit at Attachment A should be provided to Chambers by 28 March 2024.

VICE PRESIDENT

Printed by authority of the Commonwealth Government Printer

Attachment A – Revised audit of existing modern award terms
Note: This audit was originally contained as Attachment B—Existing modern awards terms to Statement [2024] FWC 150 issued on 18 January 2024. It has been amended to incorporate additional terms that currently deal with workplace delegates, employee representatives and unions that were identified by the Australian Industry Group in its submission of 25 January 2024.

Award title

Award code

Existing award terms

Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020

MA000115

N/A

Aboriginal Legal Rights Movement Award 2016

MA000139

7. Award flexibility

7.1 Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply:

(a) a consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established;

(b) for the purpose of the consultative process the employees may nominate the Union or another to represent them; and

(c) where agreement is reached an application shall be made to the Commission.

10. Redundancy disputes procedure
…

10.2 Where a redundancy dispute arises the employer must, if it has not already done so, provide affected employees and the relevant union or unions (if requested by an affected employee) in good time, with relevant information including:

(a) the reasons for any proposed redundancy;

(b) the number and categories of workers likely to be affected; and

(c) the period over which any proposed redundancies are intended to be carried out.

26. Public holidays
...

26.4 Facilitative provisions

(a) The Movement, with the agreement of employees or where represented, their unions and/or their employee representatives, may substitute another day for any day prescribed in this clause.

(b) The Movement and the employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees will constitute agreement.

(c) An agreement pursuant to clause 26.4(b) must be recorded in writing and be available to every affected employee.

(d) Unions who are entitled to represent employees covered by this award must be informed of an agreement pursuant to 26.4(b) and may within seven days refuse to accept it. The unions will not unreasonably refuse to accept the agreement.

Aged Care Award 2010

MA000018

N/A

Air Pilots Award 2020

MA000046

7. Facilitative provisions
…

7.2 An employee or employees may nominate a representative to meet and confer with the employer under clause 7.

15. Hours of work, days off and rest periods
…

15.2 Hours of work, days off and rest periods will be determined in accordance with the following provided that ordinary hours of work must not average more than 38 per week:

(a) the regulations approved by CASA from time to time;

(b) general or employer-specific exemptions to, or concessions under, the regulations approved by CASA from time to time; or

(c) a Fatigue Risk Management System (FRMS) that has been developed by the employer after consultation with the affected pilots and/or their representatives and approved by CASA to apply to particular employers and employees.

Schedule D — Sector Specific Conditions—Helicopter Operations—Pilots
…
D.5 On-shore helicopter operations specific provisions

D.5.6 Travelling and working away from home base

(a) Consultation must occur between pilots and/or their representative before establishing hotel accommodation and/or arrangements for meals at new overnight points or before changing existing arrangements for meals and/or accommodation.

…

D.6 Off-shore helicopter specific provisions

D.6.6 Travelling and working away from home base

(a) Consultation must occur with pilots and/or their representatives before establishing hotel accommodation and/or arrangements for meals at new overnight points or before changing existing arrangements for meals and/or accommodation.

Aircraft Cabin Crew Award 2020

MA000047

7. Facilitative provisions

7.1 This award contains facilitative provisions that allow agreement between an employer and cabin crew members and their representatives on how specific award provisions are to apply at the workplace or part or parts of it.

7.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to a cabin crew member or cabin crew members covered by this award.

7.3 If a facilitative provision requires agreement between the employer and the majority of cabin crew members and their representatives in the workplace or part or parts of it and agreement is reached, the agreement binds all cabin crew members in that workplace or part or parts of it.

Airline Operations-Ground Staff Award 2020

MA000048

15. Rostering arrangements

…

(c) Introduction of 12 hour shifts

By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:

(i) proper health monitoring procedures being introduced;

(ii) suitable roster arrangements being made;

(iii) proper supervision being provided;

(iv) adequate breaks being provided; and

(v) a trial or review process being jointly implemented by the employer and the employees or their representatives.

Airport Employees Award 2020

MA000049

7. Facilitative provisions
…

7.7 If an employee is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions specified in clause 7.5. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements.

7.8 In relation to the following facilitative provision, the requirements of clause 7.5 are to be met, and there is an additional requirement that the relevant union(s) must be informed by the employer of the intention to use the facilitative provision:

Clause number	Subject matter
17.3(c)	12 hour shifts

35. Dispute resolution procedure training leave

35.1 An employee representative must be granted leave of absence with pay to undertake training, on condition that:

(a) the content of the training will enhance the representative’s role in dispute resolution, consistent with the procedures of clause 34 — Dispute resolution

(b) the airport’s operating requirements permit the grant of leave;

(c) payment for the leave will not include shift and penalty payments or overtime; and

(d) the leave will count as service for all purposes.

Airservices Australia Enterprise Award 2016

MA000141

5. Facilitative Provisions
…

5.4 The following conditions apply to the use of facilitative provisions:

(a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with Airservices about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements;

27. Dispute resolution
…

27.7 Where the provisions of clause 27.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 27.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 27.2 and will not suffer any loss of pay in respect of the absence.

27.8 To assist in the resolution of disputes, an employee representative, referred to in clause 27.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave to attend a course will be subject to operational requirements.

(a) The specific training course will be agreed between the employer and the individual employee.

(b) An employee representative granted leave of absence under clause 27.8 will not suffer any loss of pay.

Alpine Resorts Award 2020

MA000092

N/A

Aluminium Industry Award 2020

MA000060

N/A

Ambulance and Patient Transport Industry Award 2020

MA000098

N/A

Amusement, Events and Recreation Award 2020

MA000080

N/A

Animal Care and Veterinary Services Award 2020

MA000118

N/A

Aquaculture Industry Award 2020

MA000114

N/A

Architects Award 2020

MA000079

N/A

Asphalt Industry Award 2020

MA000054

N/A

Australia Post Enterprise Award 2015

MA000137

12. Dispute Resolution
…

12.7 To assist in the resolution of disputes in Australia Post a union delegate/employee representative, referred to in 12.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of Australia Post.

12.8 The specific training courses will be agreed between Australia Post and the individual employee.

12.9 A union delegate/employee representative granted leave of absence under this clause will not suffer any loss of pay.

13. Notice boards

To facilitate work related communication between employees and their union and/or employee representatives at the workplace, Australia Post will permit the use of notice boards. Australia Post retains the right to reject and remove the posting of any material which is not in relation to agreements or award related issues.

22. Classifications
…

22.2 Work Level Standards

Employees are to be classified in accordance with relevant work level standards where such standards exist, provided that Australia Post may, following consultation with the employees and their representatives, if any, apply to the FWC to replace any existing work level standards with a new classification structure for inclusion in the award.

Australian Broadcasting Corporation Enterprise Award 2016

MA000147

7. Facilitative provisions
…

7.2 An employee may be represented by the relevant union in meeting and conferring with the ABC about the implementation of the relevant facilitative provision.

9. Dispute resolution
…

9.7 Leave of absence to attend proceedings

Where the provisions of this clause have been complied with but they have failed to resolve the dispute and the matter has subsequently been referred to the Fair Work Commission, an employee who is appointed to accompany or represent another employee pursuant to clause 9.5 will be granted leave of absence to attend the Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 9.2 and will not suffer any loss of pay in respect of that absence.

9.8 Leave of absence to attend courses

To assist in the resolution of disputes in the ABC an employee representative referred to in 9.5 will be granted leave of absence (without loss of pay) to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the ABC and the specific training course will be agreed between the ABC and the individual employee.

20. Classifications and rates of pay
…

20.3 Work level standards

Assessment of the appropriate job classification structures and levels will be in accordance with the relevant Work Level Standards (“ WLS “ ). The WLS contain job classification standards for those job classifications covered by this Part. Any proposed variation to the WLS will be the subject of consultation between the ABC and the relevant union. The parties will deal with any dispute consistent with clause 9 — Dispute resolution.

20.4 Conditions for advancement

(a) The competency based advancement of the following classifications will be in accordance with the Procedures for the Advancement of Employees:

(i) Broadcaster;

(ii) Production Support Officer (TV);

(iii) TOPO; and

(iv) Producers.

(b) The Procedures for the Advancement of Employees contain assessment structures and procedures for the advancement of Employees who fall within the classifications listed in 20.4(a). Any proposed variation to the Procedures for the Advancement of Employees will be the subject of consultation between the ABC and the relevant union. The parties will deal with any dispute consistent with clause 9 — Dispute resolution.

21. Facilitative provisions

21.1 A facilitative provision is one which provides that the standard approach in an award provision may be departed from by agreement between the ABC and the relevant union and/or an employee, or the majority of employees, in the enterprise or workplace concerned.

34. Cadets
…

34.16 In addition a cadet may apply for leave of absence for study or examination leave in accordance with ABC policy, as amended from time to time, to attend at an Australian university or college of advanced education for a course of the diploma of journalist or other courses approved by the ABC and the relevant union.

39. Meal breaks
…

39.2 If the time permitted for a meal is less than one hour, no time will be deducted, except where special arrangements have been agreed between the ABC and the relevant union. No more than one hour may be deducted in any day.

83. Overtime
…

83.7 For the purpose of this award, a week will be deemed to be Monday to Sunday unless the ABC notifies the relevant union in writing that another seven consecutive day period will be deemed to be the week for a particular production.

87. Allowances and special rates
…

87.4 Repeat and residual payments

For those recorded programmes for which an artist may receive future payment in accordance with the provisions of clauses 76.2 and 76.3 , and 87.1 to 87.3 of this award the Corporation will notify the relevant union of the date of the first transmission and the number of times the programme has been transmitted on each metropolitan station up to the date of the relevant union’s request. This information will be provided subject to a reasonable request by the relevant union and will be provided to the union within ten days of that request.

87.6 When the ABC sells or licences a television programme made by the ABC to an Australian pay or subscription television service, the actors engaged in the original recording of the programme must jointly, subject to agreement from the relevant union, be paid an amount equal to 16 2/3% of the gross revenue of the sale or licence of the programme.

Australian Bureau of Statistics (Interviewers) Enterprise Award 2016

MA000143

19. Dispute resolution
…

19.7 Leave of absence to attend proceedings

Where the provisions of clause 19.1 have been complied with, and to assist in the resolution of the matter, an Interviewer who is appointed to accompany or represent another Interviewer pursuant to clause 19.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 19.2 and will not suffer any loss of pay in respect of the absence.

19.8 Leave of absence to attend courses

(a) To assist in the resolution of disputes in an agency, an Interviewer representative, referred to in clause 19.5 , will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the Agency.

(b) The specific training course will be agreed between the employer and the individual Interviewer.

(c) An Interviewer representative granted leave of absence under clause 19.8 will not suffer any loss of pay.

Australian Capital Territory Public Sector Enterprise Award 2016

MA000146

5. Facilitative provisions
…

5.4 The following conditions apply to the use of facilitative provisions:

(a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the director-general about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements;

(b) where the director-general proposes to use the facilitative provision in paragraph 8.2(k)(i), the director-general must inform the relevant union(s);

12. Allowances
…

12.5 Office Disturbance allowance

…

(b) In situations where disabilities exist at a particular office location due to unavoidable or other particular circumstances:

(i) the employer and union or other employee representatives will negotiate without delay on the payment of an appropriate disability allowance as set out in subclauses 12.22 and 12.23.

27. Dispute resolution
…

27.7 Leave of absence to attend proceedings

Where the provisions of subclause 27.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to subclause 27.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with subclause 27.2 and will not suffer any loss of pay in respect of the absence.

27.8 Leave of absence to attend courses

(a) To assist in the resolution of disputes in a directorate or agency, an employee representative, referred to in subclause 27.5 , will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the directorate or agency.

(b) The specific training course will be agreed between the employer and the individual employee.

(c) An employee representative granted leave of absence under paragraph 27.8(a) will not suffer any loss of pay.

Schedule E — Definitions

Union means a union which can represent the industrial interests of the employee(s) concerned and has one or more members employed in the directorate or agency in which the employee(s) are employed and, where appropriate, includes the relevant national union official or nominated delegate.

Australian Federal Police Enterprise Award 2016

MA000142

24. Dispute resolution
…

24.7 Leave of absence to attend proceedings

Where the provisions of clause 24.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 24.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 24.2 and will not suffer any loss of pay in respect of the absence.

24.8 Leave of absence to attend courses

(a) To assist in the resolution of disputes in an agency, an employee representative, referred to in clause 24.5 , will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the Agency.

(b) The specific training course will be agreed between the employer and the individual employee.

24.9 An employee representative granted leave of absence under clause 24.8 will not suffer any loss of pay.

Australian Government Industry Award 2016

MA000153

6. Facilitative provisions
…

6.4 The following conditions apply to the use of facilitative provisions:

(a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements;

8. Dispute resolution
…

8.7 Leave of absence to attend proceedings

Where the provisions of clause 8.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 8.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 8.2 and will not suffer any loss of pay in respect of the absence.

8.8 Leave of absence to attend courses

(a) To assist in the resolution of disputes in a workplace, an employee representative, referred to in clause 8.5 , will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the employer.

(b) The specific training course will be agreed between the employer and the individual employee.

(c) An employee representative granted a leave of absence under clause 8.8(a) will not suffer any loss of pay.

Schedule I — Employment conditions specific to the Australian Maritime Safety Authority
…

I.10 Shift work
…

I.10.2 Introduction of shift work or a new roster or arrangement of shift cycles, may be approved, after consultation with the relevant unions and employees. Employees will be given a minimum seven days prior notice before the introduction of a new roster.

Schedule O — Employment conditions specific to employees of the Special Broadcasting Service Corporation
…

O.12 Shift work
…

O.12.5 Averaged shift penalties

SBS and a majority of affected employees may agree on a rate of averaged shift penalties to be paid over an agreed cycle. The union will be given reasonable opportunity to represent its members in negotiations on averaged shift penalties proposals.

Australian Nuclear Science and Technology Organisation (ANSTO) Enterprise Award 2016

MA000144

8. Ordinary hours of work and rostering
…
8.9 Flexible working hours

…

(k) Local agreements

(i) The Executive Director or delegated management, union representatives and a majority of employees in a work area or areas may enter into local agreements on the operation of flextime.

25. Dispute resolution

25.6 Leave to attend courses

To assist in the resolution of disputes in the workplace, a representative, will be granted leave of absence to attend courses conducted by an accredited training provider which are specifically directed towards effective dispute resolution. The specific training course will be agreed between the employer and the individual employee.

25.7 A union delegate/employee representative granted leave of absence under clause 25.6 will not suffer any loss of pay.

25.8 Leave to attend proceedings

Leave of absence will be granted to an employee participating in any industrial proceedings under the Fair Work Act. The leave will be only for such a time as that employee is necessarily absent from duty.

25.9 A union delegate/employee representative granted leave of absence under clause 25.8 will not suffer any loss of pay.

Australian Public Service Enterprise Award 2015

MA000124

5. Facilitative provisions
…

5.4 The following conditions apply to the use of facilitative provisions:

(a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the Agency Head about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements;

(b) where the Agency Head proposes to use the facilitative provision in clause 8.3(d) , the Agency Head must inform the relevant union(s);

26. Dispute resolution
…

26.7 Leave of absence to attend proceedings

Where the provisions of clause 26.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 26.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 26.2 and will not suffer any loss of pay in respect of the absence.

26.8 Leave of absence to attend courses

(a) To assist in the resolution of disputes in an agency, an employee representative, referred to in clause 26.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the Agency.

(b) The specific training course will be agreed between the employer and the individual employee.

(c) An employee representative granted leave of absence under clause 26.8 will not suffer any loss of pay.

Schedule E — Definitions

Union means a union which can represent the industrial interests of the employee(s) concerned and has one or more members employed in the Agency in which the employee(s) are employed and, where appropriate, includes the relevant national union official or nominated delegate.

Banking, Finance and Insurance Award 2020

MA000019

N/A

Black Coal Mining Industry Award 2020

MA000001

N/A

Book Industry Award 2020

MA000078

N/A

Broadcasting, Recorded Entertainment and Cinemas Award 2020

MA000091

N/A

Building and Construction General On-site Award 2020

MA000020

39. Dispute resolution
…

39.10 Dispute resolution procedure training leave

(a) For the purpose of clause 39.10, an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure.

(b) An eligible employee representative will be entitled to up to 5 days’ paid leave per year to undertake training that will assist them in their settlement of disputes role. The time of taking such leave will be agreed between them and their employer so as to minimise any adverse effect on the employer’s operations.

Business Equipment Award 2020

MA000021

N/A

Car Parking Award 2020

MA000095

N/A

Cement, Lime and Quarrying Award 2020

MA000055

N/A

Cemetery Industry Award 2020

MA000070

N/A

Children’s Services Award 2010

MA000120

2. Commencement and transitional
…

2.6 The Fair Work Commission may review the transitional arrangements:

(a) on its own initiative; or

(b) on application by an employer, employee, organisation or outworker entity covered by the modern award; or

(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or

(d) in relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

Christmas Island Administration Enterprise Award 2016

MA000149

23. Dispute resolution
…

23.7 Leave of absence to attend courses

A union or employee representative shall be granted paid leave of absence of up to one week, to attend short courses conducted by a recognised training provider, that are specifically directed towards effective dispute resolution. The grant of leave shall be subject to the operating requirements of the employer.

23.8 The training course shall be agreed between the employer, the employee and the union.

23.9 Where the agreed course is located in Perth, the employer shall reimburse half the cost of a return economy airfare from Christmas Island to Perth.

23.10 In any one year, no more than two employees shall be entitled to paid leave under this clause.

23.11 A union or employee representative who is involved in a dispute shall be granted paid leave of absence to attend any FWC proceedings that deal with that dispute.

Chullora Printing Award 2015

MA000127

N/A

Cleaning Services Award 2020

MA000022

29. Consultation about change of contract

29.1 Clause 29 applies where an employer decides not to seek a renewal of a contract to perform cleaning services or is notified that such a contract to which the employer is a party is to be, or is likely to be, terminated.

29.2 The employer must, at least 28 days (or as soon as practicable if that is later than 28 days) before the contract is due to end, give written notice of the situation to the affected employees and their representatives (if any), including the date on which the contract is due to end.

29.8 The incoming contractor must, as soon as practicable after making any offer of employment to employees of the outgoing contractor, give written notice of the offer and its terms to the outgoing contractor and to any representative, including a relevant union, nominated by the employee.

31. Dispute resolution procedure training leave

31.1 Subject to clauses 31.7, 31.8 and 31.9, an eligible employee representative is entitled to up to 5 days’ paid dispute resolution procedure training leave to attend courses directed at improving the operation of the dispute resolution procedure, including its operation in connection with this award, the Act or any relevant agreement.

31.2 An eligible employee representative must give the employer 6 weeks’ notice (or such shorter period of notice as the employer may agree to accept) of their intention to attend a course and the amount of leave to be taken.

31.3 The notice must include details of the type, content and duration of the course to be attended.

31.4 The leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

31.5 An eligible employee representative is entitled to be paid for the period of leave at the rate at which they would have been paid for their ordinary hours of work in that period had they not been on leave.

31.6 Leave under clause 31 counts as service for all purposes of this award.

31.7 An eligible employee representative is an employee who is

(a) a shop steward, delegate or employee representative duly elected or appointed by employees in that enterprise or workplace to represent them in the dispute resolution procedure;

(b) within the class and number of employee representatives entitled from year to year to take paid dispute resolution procedure training leave in accordance with the following table:

Table 8—Eligible employee representatives quota

Column 1 Number of employees employed by employer	Column 2 Number of eligible employee representatives entitled per year
5 to 15 employees	1
16 to 30 employees	2
31 to 50 employees	3
51 to 100 employees	4
More than 100 employees	5

31.8 If, for any year the number of employee representatives seeking paid dispute resolution procedure training leave exceeds the quota of eligible employee representatives in column 2 of Table 8—Eligible employee representatives quota , priority of entitlement for that year must be resolved by agreement between them or, in the absence of agreement, according to their relative seniority.

31.9 For the purposes of determining the number of eligible employee representatives in column 2 of Table 8—Eligible employee representatives quota, employees employed by the employer mention in mentioned in column 1 are employees covered by this award with at least 6 months’ service and who work in the enterprise or workplace to which the procedure established under clause 30—Dispute resolutionapplies.

Clerks—Private Sector Award 2020

MA000002

N/A

Coal Export Terminals Award 2020

MA000045

N/A

Commercial Sales Award 2020

MA000083

N/A

Concrete Products Award 2020

MA000056

31. Dispute resolution procedure training leave

31.1 Subject to clauses 31.7 and 31.9 , an eligible employee representative is entitled to, and the employer must grant, up to 5 days’ training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act , or with any relevant agreement which is to be read in conjunction with this award.

31.2 An eligible employee representative must give the employer 6 weeks’ notice of the employee representative’s intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

31.3 The notice to the employer must include details of the type, content and duration of the course to be attended.

31.4 The taking of such leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

31.5 An eligible employee representative taking such leave must be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.

31.6 Leave of absence granted pursuant to clause 31 counts as service for all purposes of this award.

31.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee:

(a) who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure; and

(b) who is within the class and number of employee representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following table:

Number of employees employed by the employer in an enterprise or workplace	Maximum number of eligible employee representatives entitled per year
5–15	1
16–30	2
31–50	3
51–90	4
More than 90	5

31.8 Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year must be resolved by agreement between those entitled or, if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.

31.9 For the purpose of applying the quota table, employees employed by the employer in an enterprise or workplace are full-time and part-time employees, and casual employees with 6 months or more service, covered by this award who are employed by the employer and engaged in the enterprise or workplace to which the procedure established under clause 30—Dispute resolution applies.

Contract Call Centres Award 2020

MA000023

31. Dispute resolution procedure training leave

31.1 Subject to clause 31.7, an eligible employee representative will be entitled to, and the employer will grant, up to 5 days’ training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act, or with any relevant agreement which provides it is to be read in conjunction with this award.

31.3 The notice to the employer must include details of the type, content and duration of the course to be attended.

31.4 The taking of such leave will be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

31.5 An eligible employee representative taking such leave will be paid all ordinary time earnings which normally become due and payable during the period of leave.

31.6 Leave of absence granted pursuant to clause 31 will count as service for all purposes of this award.

31.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is a:

(a) shop steward, a delegate or an employee representative duly elected or appointed by the employees in a workplace generally or collectively for all or part of a workplace for the purpose of representing those employees in the dispute resolution procedure; and

(b) who is within the class and number of representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:

Number of employees ‎employed by employer in enterprise or workplace	Maximum number of eligible employee representatives entitled per year
5–15	1
16–30	2
31–50	3
51–90	4
More than 90	5

31.8 Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year will be resolved by agreement between those entitled, or if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.

31.9 For purposes of applying the quota table employees employed by the employer in the enterprise or workplace are full-time, part-time and casual employees with 6 months or more service who are covered by this award and who are engaged in the enterprise or workplace to which the procedure established under clause 30—Dispute resolution applies.

Corrections and Detention (Private Sector) Award 2020

MA000110

N/A

Cotton Ginning Award 2020

MA000024

N/A

CSIRO Enterprise Award 2016

MA000148

24. Dispute resolution
…

24.6 Leave of absence to attend proceedings

Where the provisions of 24.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 24.5 will be granted paid leave of absence to attend Fair Work Commission proceedings arising from referral of the matter in 24.2.

24.7 Leave of absence to attend short courses

To assist in the resolution of disputes, a representative referred to in clause 24.5 may be granted leave of absence on full pay to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of CSIRO.

Dredging Industry Award 2020

MA000085

N/A

Dry Cleaning and Laundry Industry Award 2020

MA000096

N/A

Educational Services (Post-Secondary Education) Award 2020

MA000075

N/A

Educational Services (Schools) General Staff Award 2020

MA000076

N/A

Educational Services (Teachers) Award 2020

MA000077

N/A

Electrical Power Industry Award 2020

MA000088

30. Dispute resolution procedure training leave

30.1 Subject to clauses 30.7, 30.8and 30.9an eligible employee representative is entitled to, and the employer must grant, up to 5 days’ training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act, or with any relevant agreement which provides it is to be read in conjunction with this award.

30.2 An eligible employee representative must give the employer 6 weeks’ notice of the employee representative’s intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

30.3 The notice to the employer must include details of the type, content and duration of the course to be attended.

30.4 The taking of such leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

30.5 An eligible employee representative taking such leave must be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.

30.6 Leave of absence granted pursuant to clause 30counts as service for all purposes of this award.

30.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee:

(b) who is within the class and number of employee representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:

Number of employees employed by the employer in an enterprise or workplace	Maximum number of eligible employee representatives entitled per year
5–15	1
16–30	2
31–50	3
51–90	4
More than 90	5

30.8 Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year must be resolved by agreement between those entitled or, if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.

30.9 For the purpose of applying the quota table, employees employed by the employer in an enterprise or workplace are full-time and part-time employees, and casual employees with 6 months or more service, covered by this award who are employed by the employer and engaged in the enterprise or workplace to which the procedure established under clause 29—Dispute resolutionapplies.

Electrical, Electronic and Communications Contracting Award 2020

MA000025

15. Inclement weather
…

15.2 Conference procedure for inclement weather

The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in clause 15 apply.

Fast Food Industry Award 2020

MA000003

N/A

Fire Fighting Industry Award 2020

MA000111

32. Dispute resolution
…

32.10 Dispute resolution training leave

(a) An employee elected by employees in a workplace to represent them in dealings with the employer will be granted leave on full pay for up to 5 days per calendar year for the purpose of attending training courses that will enable the employee’s representative to perform or better perform their duties.

(b) Such leave in a calendar year may be extended to 10 days, subject to the total leave granted in that year and the subsequent year not exceeding 10 days.

(c) At all times this leave is subject to operational requirements and determined on this basis.

Fitness Industry Award 2020

MA000094

N/A

Food, Beverage and Tobacco Manufacturing Award 2020

MA000073

7. Facilitative provisions
…

7.4 Facilitation by majority agreement

…

(c) Additional safeguard

…

(ii) The additional safeguard requires that the unions which have members employed at an enterprise covered by this award must be informed by the employer of the intention to use the facilitative provision and be given a reasonable opportunity to participate in the negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

12. Ordinary hours of work
…

12.5 Methods of arranging ordinary working hours

…

(c) Twelve hour days or shifts

By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:

(i) proper health monitoring procedures being introduced;

(ii) suitable roster arrangements being made;

(iii) proper supervision being provided;

(iv) adequate breaks being provided; and

(v) a trial or review process being jointly implemented by the employer and the employees or their representatives.

Funeral Industry Award 2020

MA000105

N/A

Gardening and Landscaping Services Award 2020

MA000101

N/A

Gas Industry Award 2020

MA000061

N/A

General Retail Industry Award 2020

MA000004

N/A

GrainCorp Country Operations Award 2015

MA000138

N/A

Graphic Arts, Printing and Publishing Award 2020

MA000026

7. Facilitative provisions
…

7.3 Levels of facilitative provisions

…

(b) Level 2

(i) An employee or employees and the employer agree on the application of an award clause. The employee(s) may request the assistance of a union or other representative and that representative must be given a reasonable opportunity to participate in the discussions leading up to any agreement. A representative’s involvement in this process does not mean that the consent of the representative is required prior to the introduction of agreed facilitative arrangements at the enterprise.

(c) Level 3

(i) Where a union has members employed at an enterprise covered by the award the union/s must be informed by the employer of the intention to use the facilitative provision and must be given a reasonable opportunity to participate in the negotiations. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

40. Dispute resolution procedure training leave

40.1 Subject to the provisions of clause 40 a union delegate or duly elected employee representative will be entitled to up to 5 days’ training leave with pay each calendar year, non-cumulative, to receive training directed at the enhancement of the operation of dispute settling procedures.

40.2 The amount of training leave an employer may be requested to approve per 12 month period will depend on the number of weekly employees employed and will be in accordance with the following table:

Number of employees	Number of delegates or duly elected employee representatives
1–10	1 (3 days training leave)
11–20	1 (5 days training leave)
21–30	2 (5 days training leave each)
31–50	3 (5 days training leave each)
51–90	4 (5 days training leave each)
more than 90	5 (5 days training leave each)

40.3 Training leave will be granted upon an application in writing to the employer requesting such leave. The application to the employer must include the nature, content and duration of the course to be attended.

40.4 The granting of leave pursuant to clause 40 will be subject to the employer being able to make adequate staffing arrangements among current employees during the period of the leave. However an employer must not use clause 40.4 to avoid an obligation under clause 40 .

40.5 An employee must provide at least 4 weeks’ notice of intention to take training leave, unless the employer agrees to a lesser period of notice.

40.6 While on training leave, the employee will be paid all ordinary time earnings. For the purposes of clause 40.6 , ordinary time earnings means the wage rate for the classification, over-award payment and shift loading which otherwise would be payable.

40.7 Training leave granted under clause 40 will count as service for all purposes of this award.

40.8 All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided for in clause 40 will be the responsibility of the employee or the union.

40.9 Only employees who have completed 6 months’ continuous service with their current employer will be eligible for such leave.

Hair and Beauty Industry Award 2020

MA000005

N/A

Health Professionals and Support Services Award 2020

MA000027

N/A

Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Award 2018

MA000157

9. Dispute resolution
…

9.7 Settlement of disputes—training leave

(a) A union representative, or other employee selected by the union, shall be entitled to, and the employer shall grant, up to five days’ leave with pay each calendar year, non-cumulative, to attend courses conducted by an accredited training provider and, approved by the union or TUTA (Inc) on the following conditions:

(i) the scope, content and level of the courses are directed to the enhancement of the operation of the settlement of dispute/dispute settlement procedure/s;

(ii) that two weeks’ period of notice is provided to the employer;

(iii) the taking of leave is arranged having regard to the operational requirements of the employer;

(iv) the union representative, or other union nominee, taking such leave shall be paid “full pay”;

· Full pay is the award rate of pay for normal rostered hours plus experience/service payments plus allowances which are deemed to be part of pay for all purposes, but excluding shiftwork, overtime and other allowances.

· leave of absence granted pursuant to this clause shall count as service for all purposes of this award.

(b) Notwithstanding clause 9.7(a) , leave of absence in accordance with the clause in excess of five days and up to ten days may be granted in that year and in the subsequent year not exceeding ten days.

(c) Leave of absence in accordance with this clause may include any necessary travelling time in normal hours immediately before or after the course.

Higher Education Industry-Academic Staff-Award 2020

MA000006

N/A

Higher Education Industry-General Staff-Award 2020

MA000007

N/A

Horse and Greyhound Training Award 2020

MA000008

N/A

Horticulture Award 2020

MA000028

N/A

Hospitality Industry (General) Award 2020

MA000009

Schedule I – Loaded Rate Arrangements
…

I.7 Consultation

At least 7 days prior to initiating any of the provisions in Schedule I, the employer must consult with all employees affected by the proposed change and their representatives (if any).

Hydrocarbons Field Geologists Award 2020

MA000064

N/A

Hydrocarbons Industry (Upstream) Award 2020

MA000062

N/A

Joinery and Building Trades Award 2020

MA000029

26. Alternative working arrangement

26.1 By written agreement between the employer and the employees, the ordinary hours of work may be altered from those allowed under clauses 16 — Ordinary hours of work , 18 — Breaks or 24 — Overtime to suit the needs of a particular enterprise, factory, workshop or section, provided that:

(a) where employees employed at the enterprise, factory, workshop or section request that the employer consult with their representatives on the proposed alteration, that consultation takes place at least 5 days prior to the introduction of the proposed alteration;

(b) the agreement must be made by the majority of employees in the enterprise, factory, workshop or section affected by the alteration; and

(c) no employee experiences a loss of ordinary time pay or status as a result of the alteration.

Journalists Published Media Award 2020

MA000067

N/A

Labour Market Assistance Industry Award 2020

MA000099

N/A

Legal Services Award 2020

MA000116

N/A

Live Performance Award 2020

MA000081

N/A

Local Government Industry Award 2020

MA000112

31. Dispute resolution
…

31.10 Dispute Resolution Training Leave

(a) An eligible employee shall be entitled to a maximum of 5 days paid leave to attend courses which are specifically directed towards effective resolution of disputes regarding industrial matters under this award and /or industrial issues which arise at the workplace.

(b) Eligible employees are only entitled to leave in accordance with clause 31.10 for accredited courses.

(c) Such leave will be available to an individual eligible employee once only during their employment. The employer and eligible employee may reach an agreement on any requests for refresher training.

(d) For the purpose of clause 31.10 an accredited course means a Dispute Resolution Training Course conducted by or on behalf of a registered training organisation whose scope of registration includes industrial relations training.

(e) Nothing in clause 31.10 will prevent the employer and the eligible employee from reaching agreement that such training can be provided by a union or other accredited training provider(s).

(f) An eligible employee is defined as a full-time or part-time employee:

(i) who is a union delegate, who has been duly appointed by a union and the employer has been formally notified of that appointment; and

(ii) who has completed 12 months continuous service with the current employer.

(g) An eligible employee must comply with the following notice requirements:

(i) provide the employer with at least 5 weeks prior notice in writing of their request to attend a dispute resolution training course;

(ii) outline details of the type, content, venue and duration of the course to be attended in the written notice provided in accordance with clause 31.10(g)(i)

(h) The employer will consider a request for leave in accordance with clause 31.10 having regard to:

(i) the operational requirements of the employer; and

(ii) the capacity of the employer to make adequate staffing arrangements among current employees during the proposed period of leave.

(i) An employer must not unreasonably refuse to agree to a request by the employee to take dispute resolution training leave.

(j) An employer will not be liable for any additional expenses associated with an employee’s attendance at a course other than the payment of the minimum hourly rate for such absence.

(k) An eligible employee will be required to provide the employer with proof of attendance at, and satisfactory completion of, the course to qualify for payment of leave.

(l) Leave granted pursuant to clause 31.10 counts as service for all purposes of this award.

Mannequins and Models Award 2020

MA000117

N/
A

Manufacturing and Associated Industries and Occupations Award 2020

MA000010

7. Facilitative provisions
…

7.4 Facilitation by majority agreement

…

(c) Additional safeguard

…

17. Ordinary hours of work and rostering
…

17.5 Methods of arranging ordinary working hours

…

(c) Twelve hour days or shifts

By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:
…

(v) a trial or review process being jointly implemented by the employer and the employees or their representatives.

20. Minimum rates
…

20.5 Classifications

…

(b) Procedure for classifying employees covered by the National Metal and Engineering Competency Standards

…

(v) Other provisions to be followed where competency standards are being implemented in an enterprise are that:

· management and employee representatives responsible for overseeing the implementation of competency standards within an enterprise must be given access to briefing and/or training courses on the competency standards and their implementation prior to implementation; and

· such briefings and/or training courses on the competency standards and their implementation can be either a joint briefing delivered by the parties or by one party with the approval of other relevant parties at the enterprise or an approved course delivered by a recognised provider with the approval of the relevant parties at the enterprise, provided that this does not exclude the delivery of additional training or advice by the parties to an enterprise.

44. Dispute resolution procedure training leave

44.1 Subject to clauses 44.7 , 44.8 and 44.9 , an eligible employee representative is entitled to, and the employer must grant, up to 5 days training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act, or with any relevant agreement which provides it is to be read in conjunction with this award.

44.2 An eligible employee representative must give the employer 6 weeks’ notice of the employee representative’s intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

44.3 The notice to the employer must include details of the type, content and duration of the course to be attended.

44.4 The taking of such leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

44.5 An eligible employee representative taking such leave must be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.

44.6 Leave of absence granted pursuant to clause 44 counts as service for all purposes of this award.

44.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee:

(b) who is within the class and number of employee representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:

Number of employees employed by the employer in an enterprise or workplace	Maximum number of eligible employee representatives entitled per year
5–15	1
16–30	2
31–50	3
51–90	4
More than 90	5

44.8 Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year must be resolved by agreement between those entitled or, if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.

44.9 For the purpose of applying the quota table, employees employed by the employer in an enterprise or workplace are full-time and part-time employees, and casual employees with 6 months or more service, covered by this award who are employed by the employer and engaged in the enterprise or workplace to which the procedure established under clause 43 — Dispute resolution applies.

55. Accident pay —Vehicle manufacturing employees
…

55.3 Notice of injury

When an employee receives an injury for which the employee claims to be entitled to payment under clause 55.3, the employee shall give notice in writing of the injury to the employer as soon as reasonably practicable after receiving the injury. Notice can be given by a representative of the employee.

Marine Tourism and Charter Vessels Award 2020

MA000093

N/A

Marine Towage Award 2020

MA000050

N/A

Maritime Offshore Oil and Gas Award 2020

MA000086

N/A

Market and Social Research Award 2020

MA000030

29. Dispute resolution procedure training leave

29.1 Subject to clause 29.2, an eligible employee representative will be entitled to, and the employer will grant, up to 5 days’ training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Actor with any relevant agreement which provides it is to be read in conjunction with this award.

29.2 The employer will not be required in any calendar year to provide dispute resolution training leave across the whole workforce of that employer in excess of:

(a) a total of 20 days’ leave;

(b) leave for the lesser of 5 employees nationally or 3 employees in any one state or territory.

29.3 The granting of leave, pursuant to clause 29, will be subject to:

(a) the employee or an eligible employee representative giving not less than 25 working days’ written notice of the intention to attend such course, or such lesser period of notice as may be agreed by the employer. Such written notice must include the nature, content and duration of the course to be attended; and

(b) the employer being able to make adequate staffing arrangements amongst current employees during the period of such leave. An employer will not use clause 29.3 to avoid an obligation under clause 29 .

29.4 Leave of absence granted pursuant to clause 29will count as service for all purposes of this award.

29.5 Each employee on leave approved in accordance with clause 29will be paid all ordinary time earnings. For the purpose of clause 29.5ordinary time earnings for an employee means the classification rate, over-award payment, superannuation and shift loading which otherwise would have been payable.

29.6 All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided for in clause 29will be the responsibility of the employee or, where relevant, the union.

29.7 An employee may be required to satisfy the employer of attendance at the course to qualify for payment of leave, unless the employee would otherwise have been entitled to payment under clause 21—Personal/carer’s leave and compassionate leave.

29.8 In the event a scheduled rostered day off falls within a period of leave approved pursuant to clause 29, no alternative day of leave will be substituted instead.

29.9 Employees will be allowed up to 2 hours of paid time per year to attend union meetings at the employer’s premises which are designed to facilitate awareness and understanding of the dispute resolution procedure in this award.

Meat Industry Award 2020

MA000059

7. Facilitative provisions
…

7.3 Facilitation by majority or individual agreement

…

(b) Where agreement is reached between the employer and the majority of employees in the workplace or a section or sections of it, the employer must not implement that agreement unless:

…

(ii) unions which have members employed at an enterprise covered by this award must be informed by the employer of the intention to use the facilitative provision and be given a reasonable opportunity to participate in negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

18. Payment by results
…

18.13 If an employee is a member of a union, the employee may be represented by a union in meeting and conferring with the employer about the implementation of clause 18, and in such case, the union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of clause 18. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed arrangements.

Medical Practitioners Award 2020

MA000031

N/A

Metropolitan Newspapers (South Australia and Tasmania) Printing Award 2015

MA000130

10. Dispute Resolution Leave and Training Leave

10.1 A delegate and any affected employee(s) must be allowed a reasonable period of paid time off during working hours for the purpose of holding discussions with any duly accredited union officials in relation to the resolution of the dispute, provided that such discussions do not adversely affect normal production.

10.2 Training

(a) A chapel or other employee representative will be entitled to up to five (5) days’ paid training leave each calendar year, non-cumulative, to attend courses conducted by an accredited training provider, approved by the union, which are directed at the enhancement of the operation of dispute settling machinery.

(b) Each chapel or employee representative on dispute settling training leave, in accordance with this clause, shall be paid the classification rate, over award payment and shift loading which otherwise would have been payable.

(c) A chapel or other employee representative will give the employer reasonable notice of his/her intention to attend such a course and the nature, content and duration of the course. The taking of leave will be arranged having regard to the operational requirement of the employer.

(d) All expenses (such as travel, accommodation and meals) associated with or incurred by the employee attending a training course as provided in this clause shall be the responsibility of the employee or the union.

(e) Leave of absence granted pursuant to this clause shall count as service for all purposes of the award.

31. Rosters

31.1 A roster of shifts to be worked in each department of a respondent employer’s premises shall be compiled one week prior to the commencement of the shift after consultation between representatives of the employer and the Chapel or other employee representative, save and except for the production of the Sunday Mail so far as the press room, publishing and store are concerned, the requirement to be rostered on the Saturday will depend on the size of the Sunday Mail. Such roster shall indicate to each employee the shifts they are required to work in each week.

Mining Industry Award 2020

MA000011

N/A

Miscellaneous Award 2020

MA000104

N/A

Mobile Crane Hiring Award 2020

MA000032

13. Rostering arrangements
…

13.5 Where a majority of the employees request that their representative is to be consulted, consultation will take place at least 5 days prior to the alternate rostered day off being implemented.

19. Accident pay
…

19.15 An employee upon receiving an injury for which the employee claims to be entitled to receive accident pay shall give notice in writing of the said injury to the employer as soon as reasonably practicable after the occurrence; provided that such notice may be given by a representative of the employee.

Northern Territory News Award 2015

MA000129

10. Trade union training leave

A Chapel officer wishing to attend any approved trade union course shall be allowed reasonable time off with pay to attend such course, providing the course is associated with dispute settling procedures.

Schedule A ‎ — Classification definitions

A.1 Level 1 - Trainee employee - 78%
…

A.1.3 Training structure

(a) Topics which could be suitable for such introductory training for new permanent employees include:

(i) Information on the broad industry, conditions of employment, welfare facilities, introduction to supervisors and other employees, career paths and opportunities, training options, features of the enterprise, basic occupational health and safety procedures, plant layout and workshop procedures, union organisation, administration procedures and equal employment.

Northern Territory Public Sector Enterprise Award 2016

MA000151

5. Facilitative provisions
…

5.4 The following conditions apply to the use of facilitative provisions:

24. Redundancy
…

24.19 Facilitative provisions

Where the union, or other employee nominated representative, the employee, and the Commissioner agree, provisions may be applied to a potentially surplus employee or surplus employee which are in addition to, or in substitution for, any or all of the provisions prescribed in this award.

27. Grievance and dispute resolution training

27.1 Subject to clause 27.3, leave of absence will be granted to an employee to attend short training courses or seminars on the following conditions:

(a) that Agency operating requirements permit the grant of leave; and

(b) that the scope, content and level of the short course or seminar are directed to a better understanding of grievance handling and dispute resolution.

27.2 Leave granted under clause 27.1 will be with full pay at ordinary time, excluding shift, penalty or overtime payments, and will count as service for all purposes.

Schedule A — Definitions

employee representative means a representative chosen by the employee, which may be a union representative

union(s) means a union which can represent the industrial interests of the employee(s) concerned and has one or more members employed in the Agency in which the employee(s) are employed and, where appropriate, includes the relevant national union official or nominated delegate

Schedule G — Medical Officers
…

G.6 Unrostered overtime

G.6.1 The medical administrator, in determining whether payment for such additional duty is justified, will have regard to criteria and such other guidelines as are agreed between the employer and the relevant union.

Note Printing Australia Award 2016

MA000156

3. Definitions and interpretation

3.1 In this award, unless the contrary intention appears:

…

JUWG is the Joint Union Working Group—a group comprised of delegates from the Unions

24. Payment of wages
…

24.2 By agreement made with the employees’ representatives, the employer may change the pay day or pay period providing that no employee shall suffer any financial disadvantage as a result of the change.

26. Ordinary hours of work and rostering
…

26.3 Ordinary hours and weekend work

The ordinary hours of work shall be worked on not more than five days Monday to Friday inclusive of each week. Where agreement exists through the JUMWG and between the employer, the union or unions and the majority of employees in the work section or sections concerned, the ordinary hours of work may be arranged on any day of each week including Saturday and Sunday.

…

26.5 Extended hours

…

(b) Where agreement exists through the JUMWG and between the employer, the union or unions and the employees in the work section or sections concerned, day work may be performed between the hours of 7 am and 7 pm where the ordinary hours of day work exceed eight hours and do not exceed 12 hours a day, subject to the arrangements listed in clause 27.4.

27. Shift work
…

27.3 Ordinary hours shift work

…

(b) Where agreement exists through the JUMWG and between the employer and the union or unions and the majority of employees in the section or sections concerned, the ordinary hours of work may be arranged on any day of the week including Saturday and Sunday.

27.4 Extended hours shift work

…

(b) Where agreement exists through the JUMWG and between the employer, the union or unions and the majority of the employees in the section or sections concerned, extended shift work hours not exceeding 12 hours per day may be worked provided that:

(i) agreement is reached through the JUMWG and between the employer, the union or unions and the majority of employees on any appropriate rates to apply to extended shifts and not exceeding 12 hours per day.

35. Public holidays
…

35.3 Substitution of public holidays

…

(e) By agreement between the employer, the Joint Union Working Group and the majority of employees in a particular section or sections concerned other days may be substituted for any of the days or substituted days provided for in clause 35.2.

Nursery Award 2020

MA000033

N/A

Nurses (ANMF - Victorian Local Government) Award 2015

MA000131

N/A

Nurses and Midwives (Victoria) State Reference Public Sector Award 2015

MA000125

31. Public holidays
…

31.5 Substitution of one public holiday for another

…

Nurses Award 2020

MA000034

N/A

Oil Refining and Manufacturing Award 2020

MA000072

N/A

Optus Award 2015

MA000133

Schedule B — Dispute Resolution
…

B.3 Should the above steps fail to resolve the issue Optus acknowledges the employee’s right to raise issues with their union representatives who will then in the first instance seek redress through direct consultation with Optus Human Resource Management.

…

B.5 Optus acknowledges the right of its employees to seek union representation at any stage of this process.

Parliamentary Departments Staff Enterprise Award 2016

MA000145

5. Facilitative provisions
…

5.4 The following conditions apply to the use of facilitative provisions:

(a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the Secretary about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements;

(b) where the Secretary proposes to use the facilitative provision in clause 8.3(d), the Secretary must inform the relevant union(s);

25. Dispute resolution
…

25.7 Leave of absence to attend proceedings

Where the provisions of clause 25.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 25.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 25.2 and will not suffer any loss of pay in respect of the absence.

25.8 Leave of absence to attend courses

(a) To assist in the resolution of disputes in a Department, an employee who accompanies or represents another employee pursuant to clause 25.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the Department.

(b) The specific training course will be agreed between the Secretary and the individual employee.

(c) A employee representative granted leave of absence under this clause 25.8 will not suffer any loss of pay.

Schedule E — Definitions

Union means a union covered by this award and, where appropriate, includes the relevant national union official or nominated delegate. A relevant union is a union which can represent the industrial interests of the employee(s) concerned and has one or more members employed in the Department in which the employee(s) are employed

Passenger Vehicle Transportation Award 2020

MA000063

N/A

Pastoral Award 2020

MA000035

N/A

Pest Control Industry Award 2020

MA000097

N/A

Pharmaceutical Industry Award 2020

MA000069

N/A

Pharmacy Industry Award 2020

MA000012

N/A

Plumbing and Fire Sprinklers Award 2020

MA000036

15. Ordinary hours of work over a four week work cycle
…

15.5 Rostered days off

…

(f) Rostered days off for employee working alongside other building and construction workers

(i) In the case of employees working alongside other building construction workers, the RDO will be the 4th Monday in the cycle.

(ii) By agreement in writing between an employer and its employees an alternative day in the 4 week cycle may be the RDO. If requested by the employees, the employer must inform the employee’s representative at least 5 working days before the agreement is implemented.

21. Allowances
…

21.11 Inclement weather

…

(b) Conference procedure for inclement weather

…

(g) Cessation and resumption of work

(i) At the time employees cease work due to inclement weather the employer or their representative on site and the employees’ representative will agree and note the time of cessation of work.

…

(i) Additional wet weather procedure

(i) Remaining on site

Where, because of wet weather, the employees are prevented from working:

· for more than an accumulated total of 4 hours of ordinary time in any one day;

· after the meal break, as provided in clause 16.1, for more than an accumulated total of 50% of the normal afternoon work time;

· during the final 2 hours of the normal work day for more than an accumulated total of one hour;

the employer will not be entitled to require the employees to remain on site beyond the expiration of any of the above. Where, by agreement between the employer and/or their representative and the employees and/or their representative, the employees remain on site beyond the periods specified, any such additional wet time must be paid for but will not be debited against the employees’ hours. Wet time occurring during overtime will not be taken into account for the purposes of clause 21.11(i).

Port Authorities Award 2020

MA000051

N/A

Ports, Harbours and Enclosed Water Vessels Award 2020

MA000052

N/A

Poultry Processing Award 2020

MA000074

N/A

Premixed Concrete Award 2020

MA000057

N/A

Printing Industry – Herald & Weekly Times – Production Award 2015

MA000126

9. Dispute resolution
…

9.6 A delegate and any affected employee(s) must be allowed a reasonable period of paid time off during working hours for the purpose of holding discussions with any duly accredited union officials in relation to the resolution of the dispute, provided that such discussions do not adversely affect normal production.

…

9.8 Training leave

(a) A chapel or other employee representative will be entitled to up to five days’ paid training leave each calendar year, non-cumulative, to attend courses conducted by an accredited training provider, approved by the union, which are directed at the enhancement of the operation of dispute settling machinery.

(b) Each chapel or employee representative on dispute settling training leave, in accordance with clause 9.8 (a) , shall be paid the classification rate, over award payment and shift loading which otherwise would have been payable.

(e) Leave of absence granted pursuant to this clause shall count as service for all purposes of the award.

12. Apprentices
…

12.6 Public Holidays

…

(c) The company, with the agreement of the relevant union, may substitute another day for any prescribed in this clause.

…

(iii) The relevant union shall be informed of an agreement pursuant to clause 12.6 (c) (i) and may within seven days refuse to accept it. The union will not unreasonably refuse to accept the agreement.

Professional Diving Industry (Industrial) Award 2020

MA000108

N/A

Professional Diving Industry (Recreational) Award 2020

MA000109

N/A

Professional Employees Award 2020

MA000065

N/A

Queensland Newspapers Pty Ltd Printing (Murarrie) Award 2015

MA000128

N/A

Racing Clubs Events Award 2020

MA000013

N/A

Racing Industry Ground Maintenance Award 2020

MA000014

N/A

Rail Industry Award 2020

MA000015

N/A

Real Estate Industry Award 2020

MA000106

N/A

Registered and Licensed Clubs Award 2020

MA000058

N/A

Reserve Bank of Australia Award 2016

MA000140

14. Allowances
…

14.6 Higher duties

(a) An Employee who, at the direction of the Bank, performs the duties of a higher classified position(s) for six or more consecutive working days shall, for that period, be paid the minimum rate of salary attaching to the higher position(s). Absences due to RDO’s, public holidays and business involving representation on behalf of Employees about workplace matters shall be counted as working days.

Restaurant Industry Award 2020

MA000119

N/A

Road Transport (Long Distance Operations) Award 2020

MA000039

N/A

Road Transport and Distribution Award 2020

MA000038

33. Dispute resolution training leave

33.1 An eligible employee representative is entitled to, and must be granted, up to 5 days’ leave with pay each calendar year, non-cumulative, to attend courses which are specifically directed towards effective resolution of disputes regarding industrial matters under this award and/or industrial issues which arise at the workplace. A shop steward, delegate or employee representative will only be entitled to leave in accordance with clause 33for bona fide courses.

33.2 For the purpose of clause 33, a bona fide course means a Dispute Resolution Training Leave Course conducted under the auspices of a registered training organisation whose scope of registration includes industrial relations training.

33.3 An employee representative must give the employer 6 weeks’ notice of intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

33.4 The notice to the employer must include details of the type, content and duration of the course to be attended. Upon request, the course curriculum will be provided to the employer.

33.5 Leave must be available according to the following scale for each yard, depot or garage of an employer:

No. of full-time and part-time employees covered by this award	Max. no. of employee representatives eligible to attend per year	Max. no. of days permitted per year
5–15	1	5
16–30	2	10
31–50	3	15
51–100	4	20
101 and over	5	25

33.6 An employer is not liable for any additional expenses associated with an employee’s attendance at a course other than the payment of ordinary time earnings for such absence. For the purpose of clause 33ordinary time earnings are the relevant minimum rate and shiftwork loadings, where relevant, plus over-award payment where applicable.

33.7 Leave of absence on training leave must be counted as service.

33.8 The employee must provide the employer with proof of attendance.

33.9 The granting of leave pursuant to clause 33is subject to the employer being able to make adequate staffing arrangements among current employees during the period of such leave.

33.10 An employee will not be eligible to attend such courses until 6 months’ continuous service has been served with the employer.

Salt Industry Award 2020

MA000107

N/A

Seafood Processing Award 2020

MA000068

13. Ordinary hours of work and rostering
…

13.6 Methods of arranging ordinary working hours

…

(d) By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to:

…

(v) a trial or review process being jointly implemented by the employer and the employees or their representatives.

Seagoing Industry Award 2020

MA000122

N/A

Security Services Industry Award 2020

MA000016

13. Ordinary hours of work and rostering arrangements
…

13.3 Shift duration

…

(d) An employee may be represented by a representative nominated by them in any discussion about the making of an agreement under clause 13.3(c) .

29. Consultation about change of contract
…

Silviculture Award 2020

MA000040

N/A

Social, Community, Home Care and Disability Services Industry Award 2010

MA000100

N/A

Sporting Organisations Award 2020

MA000082

N/A

State Government Agencies Award 2020

MA000121

N/A

Stevedoring Industry Award 2020

MA000053

14. Rostering arrangements

14.1 Rostering arrangements—shiftwork

…

(b) The employer may agree with the union or a majority of affected employees at the workplace the following:

(i) 5, 6 or 7 day shift arrangements with either irregular or regular rostering;

(ii) changes to the length of each shift provided that the ordinary hours of work will not exceed a weekly average of 35 hours;

(iii) where a 7 day continuous shiftwork roster is to be worked, inclusion in the ordinary hours of work of shifts worked on public holidays, as prescribed by clause 30—Public holidays, as well as Saturdays and Sundays, provided that payment for such shifts is in accordance with this award;

(iv) provisions for the timing of meal breaks or rest periods;

(v) provisions for the extension of shifts provided that all such extensions will be paid at overtime rates;

(vi) notification and cancellation arrangements; and

(vii) staggering of shift start and finish times.

Storage Services and Wholesale Award 2020

MA000084

N/A

Sugar Industry Award 2020

MA000087

17. Minimum rates
…

17.3 Piecework

Field sector employees may be engaged in writing on a piecework basis as follows:
…

(c) Each piecework agreement must be in writing and signed by both parties and each employee will be supplied with a copy of such agreement free of charge and a copy of the mutual agreement will be provided to the employee’s representative, if any.

40. Dispute resolution procedure training leave

40.1 A duly authorised eligible employee representative will, upon written application to the employer, at least 14 days in advance (or such lesser period as mutually agreed), be granted up to 3 working days’ leave (non-cumulative) on ordinary pay each calendar year to attend approved courses which are directed at the enhancement of the operation of the dispute resolution procedures including its operation in connection with this award and with the Act , or with any relevant agreement that provides it is to be read in conjunction with this award.

40.2 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure.

40.3 Any written application seeking release of a duly authorised eligible employee to attend a course must include details of the type and content of the course to be attended as well as the dates upon which the course is proposed to be conducted.

40.4 For the purposes of clause 40 ordinary pay means the ordinary weekly rate paid to the employee exclusive of any allowances or penalty rates for travelling time, fares, shiftwork or overtime.

40.5 The granting of such leave will be subject to the following conditions:

(a) the employee must have at least 6 months’ continuous service with the employer prior to such leave being granted and be an eligible employee representative;

(b) unless otherwise agreed the maximum number of days of dispute resolution training leave which an employer will be required to grant each year in each establishment will be 3 days for each of 3 duly authorised eligible employee representatives;

(c) the granting of such leave will be subject to the convenience of the employer so that the operations of the enterprise will not be adversely affected;

(d) the employer will advise within 7 days whether the application for this leave has been agreed or otherwise. If the request is not agreed to, the employer must state the reasons for such rejection ;

(e) if the reasons for rejection provided by the employer are not accepted, any dispute will be resolved in accordance with the dispute resolution procedure at clause 39 — Dispute resolution , of this award;

(f) in granting such paid leave, the employer is not responsible for any additional costs except the payment of extra remuneration where relieving arrangements are instituted by the employer to cover the absence of the employee. In the spirit of this arrangement it is understood that employees will co-operate to minimise additional costs;

(g) leave granted to attend such training courses will not incur any additional payment or alternate time off if such course coincides with an employee’s rostered day off;

(h) such paid leave will not affect other leave granted to employees under this award; and

(i) on completion of the course the employee must, upon request, provide to the employer proof of their attendance at the course. Except in the case of sick leave or other authorised leave, non-attendance at a training course will result in the employee not being paid for such time.

Schedule B — Classification Definitions—Milling, Distillery, Refinery and Maintenance
…

B.4 Maintenance classification structure and definitions

B.4.12 Procedure for classifying maintenance employees

…

(d) Other provisions to be followed where competency standards are being implemented in an enterprise are that:

(i) management and employee representatives responsible for oversighting the implementation of competency standards within an enterprise must be given access to briefing and/or training courses on the competency standards and their implementation prior to implementation;

Supported Employment Services Award 2020

MA000103

31. Rights at work for supported employees

31.1 When dealing with employment matters affecting supported employees the employer shall take all reasonable steps to provide such employees with the information they require to exercise their employment rights.

31.2 Such reasonable steps will include, but are not limited to, the following:

(a) providing information to supported employees of their right to be a member of the union and be represented in the workplace by a union representative;

(b) providing information in relation to seeking information and or assistance from the Fair Work Ombudsman;

(c) providing information to a supported employee about their right to have their nominee, guardian, carer, parent or other family member, advocate or union assist them in making decisions about employment matters.

31.3 In addition to those matters listed in clause 31.2 the employer shall take reasonable steps to provide the opportunity to the supported employee to have their nominee, guardian, carer, parent or other family member, advocate or union involved in or consulted or act as the employee’s representative in employment matters that affect or may affect the supported employee’s interests.

Surveying Award 2020

MA000066

7. Facilitative provisions
…

7.3 Facilitation by majority agreement

…

(c) If there are employees of the enterprise covered by this award who are members of a union, the employer must inform the union/s of the intention to use the facilitative provision and the union/s must be given a reasonable opportunity to participate in negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise.

Telecommunications Services Award 2020

MA000041

31. Dispute resolution procedure training leave

31.1 An eligible employee representative will be entitled to, and the employer will grant, up to 5 days’ training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act , or with any relevant agreement which provides it is to be read in conjunction with this award.

31.3 The notice to the employer will include details of the type, content and duration of the course to be attended.

31.4 The taking of such leave will be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

31.5 An eligible employee representative taking such leave will be paid all ordinary time earnings which normally become due and payable during the period of leave.

31.6 Leave of absence granted pursuant to clause 31 will count as service for all purposes of this award.

31.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is:

(a) a shop steward, a delegate or an employee representative, duly elected or appointed by the employees in a workplace, generally or collectively, for all or part of a workplace, for the purpose of representing those employees in the dispute resolution procedure; and

(b) within the class and number of representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:

Number of employees employed by employer in enterprise or workplace	Maximum number of eligible employee representatives entitled per year
5–15	1
16–30	2
31–50	3
51–90	4
more than 90	5

31.8 Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year will be resolved by agreement between those entitled, or if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.

Telstra Award 2015

MA000123

N/A

Textile, Clothing, Footwear and Associated Industries Award 2020

MA000017

2. Definitions

union means the Textile, Clothing and Footwear Union of Australia and in Queensland may also include the Australian Workers Union.

5. Individual flexibility arrangements
…

5.10 The employer must give the employee up to 7 working days to enable the employee to seek advice, where appropriate, from the employee’s union.

7. Facilitative provisions
…

7.5 Procedure for seeking majority or individual agreement

Where agreement is sought to be reached with an individual or a majority of employees in a workplace or a section or sections of it, the following procedure will apply:
…

(c) if an employee is a member of a union, the employee may be represented by that organisation in meeting and conferring with the employer about the implementation of the facilitative provisions; and

(d) where the union is representing employee/s it must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of facilitative provisions. Involvement by the union does not mean that the consent of the representative is required prior to the introduction of the facilitative provisions.

21. Payment by results (PBR)
…

21.6 Fixing time standards

(a) An employer must consult with the PBR employees who must be given adequate opportunity to consult their union or representative prior to the finalisation of any time standard fixed under clause 21.6

41. Dispute resolution training leave

41.1 Subject to clauses 41.7 , 41.8 and 41.9 an eligible employee representative is entitled to, and the employer must grant, up to 5 days training leave with pay to attend courses which are directed at the enhancement of the operation of the dispute resolution procedure including its operation in connection with this award and with the Act , or with any relevant collective agreement which provides it is to be read in conjunction with this award.

41.2 An eligible employee representative must give the employer 6 weeks’ notice of the employee representative’s intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

41.3 The notice to the employer must include details of the type, content and duration of the course to be attended.

41.4 The taking of such leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

41.5 An eligible employee representative taking such leave must be paid the wages the employee would have received in respect of the ordinary time the employee would have worked had they not been on leave during the relevant period.

41.6 Leave of absence granted pursuant to clause 41 counts as service for all purposes of this award.

41.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee:

(b) who is within the class and number of employee representatives entitled from year to year to take paid dispute resolution procedure training leave according to the following quota table:

Number of employees employed by the employer in an enterprise or workplace	Maximum number of eligible employee representatives entitled per year
5–15	1
16–30	2
31–50	3
51–90	4
More than 90	5

41.8 Where the number of eligible employee representatives exceeds the quota at any particular time for a relevant enterprise or workplace, priority of entitlement for the relevant year must be resolved by agreement between those entitled, or if not agreed, be given to the more senior of the employee representatives otherwise eligible who seeks leave.

41.9 For purposes of applying the quota table, employees employed by the employer in an enterprise or workplace are full-time, part-time or fixed-term employees, or casual employees with 6 months or more service, covered by this award who are employed by the employer and engaged in the enterprise or workplace to which the procedure established under clause 41 applies.

Schedule B — Classifications /Skill Levels Definitions
…

B.2.9 Basic machine tasks

…

(c) Provided, however, for the purposes of this subpart, an employer will approach the relevant authorised officer of the relevant union where it is thought that the operation of any machine (other than a sock turner) only requires the performance of basic machine tasks (i.e. uncomplicated machine related tasks).

(d) If the relevant authorised officer of the relevant union and the employer agree that the operation of the machine requires the use of basic machine tasks, they will record this agreement in writing.

…

B.5.7 Sewing Machine Mechanic means an employee:

(a) who has served an apprenticeship as such or who, in the view of the employer and the union, has undergone equivalent training and/or experience;

…

B.5.8 Textile Mechanic means an employee:

(a) who has served an apprenticeship as such or who, in the view of the employer and the union, has undergone equivalent training and/or experience;

…

Schedule F — Outwork and Related Provisions
…

F.3 General requirements for making arrangements
…

F.3.3 Lists

…

(b) A principal must provide a copy of the List to the General Manager or their nominee and to the relevant State Branch of the Union within 7 days of the last working day of February, May, August and November of each year.

…

F.5 Minimum conditions for workers
…

F.5.2 Hours of work

(a) A principal must provide the worker with work which is:

…

(iii) regular part-time, with no less than 10 regular hours per week to be agreed between the principal and the worker with the consent of the Union in accordance with Schedule F.

…

F.5.7 Stand-down

A principal may stand-down the worker where no work is available as a result of circumstances outside the control of a principal, subject to the following conditions.
…

(d) Within 2 working days of a stand-down, a copy of the stand-down record must be provided to the worker and the Union.

…

F.5.9 A principal must not make one or more arrangements covered by this schedule with more than 10 workers at any one time, unless the principal has the consent of the Union or the board of reference, which may exercise its discretion to allow the principal to do so.

…

F.6 Registration and board of reference
…

F.6.2 The board must consist of 2 Union representatives and 2 principal representatives with the addition of the General Manager or such person as they may nominate as chairperson of the board. In the event of the representative members of the board being equally divided in opinion, the chairperson may cast their vote to give a majority decision.

…

F.6.7 Powers of board of reference to register principals

…

(e) At the time of registration, and on each anniversary of registration, a principal must place a notice in the public notices column of a metropolitan daily newspaper circulating throughout any State in which work is to be performed stating:

…

(iv) the location at which all relevant records, including but not limited to work records, lists, written agreement records and stand-down records, in the principal’s possession or custody may be inspected by the Union.

(f) A principal may make an agreement in writing with the Union or apply to the board of reference to be exempted from the notice requirement. A copy of any written agreement made between a principal and the Union must be lodged with the General Manager or their nominee.

F.7 Observance of award
…

F.7.3 Within 2 working days of a request being made, the principal’s work records, Lists, written agreement records and/or stand down records must be provided by the principal to the Union for inspection and copying:

(a) At a time and place agreed between the Union and the principal; or

(b) In the absence of agreement, between 8.00 am and 5.00 pm on a working day at an alternative appropriate premises nominated by the principal within a 50 kilometre radius of the principal’s premises (which may be the principal’s premises); or

(c) If the principal fails to nominate such a place, between 8.00 am and 5.00 pm on a working day at an appropriate place nominated by the Union within a 50 kilometre radius of the principal’s premises (which may include the Union’s premises but must not include the principal’s premises).

F.7.4 The Union will not divulge any information contained in a work record in compliance with clause F.3.2(a)(ix) concerning the price to be paid for each garment or article in any circumstances to any party save for in enforcement or dispute resolution proceedings in a Court or Tribunal.

Appendix to Schedule F —Information to be given to outworkers

Hours of work

An outworker may only be employed to work full - time, which is 38 hours a week, or regular part - time, which must be at least 15 hours per week or 10 hours per week (with the agreement of the outworker and the consent of the Union). The hours must be agreed to in advance by the outworker and the employer.

Timber Industry Award 2020

MA000071

18. Rostering arrangements

18.1 Rostered days, or shifts, off

…

(b) Clause 18.1(a) is subject to the employer informing each union which has members employed at the particular enterprise of its intention to introduce an enterprise system of rostered day off flexibility and providing a reasonable opportunity for the union to participate in negotiations.

37. Dispute resolution procedure training

37.1 An eligible employee representative who will be involved in dispute resolution will be allowed to be trained in order to assist the employee to settle disputes as per this clause. The employee must arrange for suitable training and apply in writing with a minimum of 6 weeks’ notice (or less amount by agreement) for up to 5 days leave with pay each calendar year, non-cumulative.

37.2 The notice to the employer must include details of the type, content and duration of the course to be attended. The employer must have a reasonable opportunity to:

(a) consult with the eligible employee representative and/or the training provider regarding dispute resolution training; and

(b) participate in the development of the dispute resolution training course.

37.3 Leave of absence granted pursuant to clause 37 will count as service for all purposes.

37.4 The time of taking leave will be arranged so as to minimise any adverse effect on the employer’s operations.

37.5 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure.

Schedule A ‎ — Classification Definitions —General Timber Stream

A.1 Level 1 (relativity 78%)

…

(f) Criteria for extension of term in Level 1 beyond 3 months

A worker who enters the industry and is unable to meet the competency requirements of Level 2 will remain in Level 1 for a maximum of 3 months unless an extension for up to a further 3 months is agreed by the employer and the employee, and the union where the employee is a union member. Extension of the term of Level 1 beyond 3 months will only be considered when:

(i) the employee has participated in a structured and documented skill development programme which sets out and covers the standards of competence the Level 1 worker is required to achieve for progression to Level 2;

(ii) any deficiencies in the performance of the employee during the skill development programme have been described clearly to the employee at the time they have occurred and standards for acceptable performance have been made clear to the employee;

(iii) suitable conditions have been provided for training including sufficient time, appropriate environment and equipment and a skilled trainer; and

(iv) given the above, the employee has not reached the standards of competence set down in the skill development programme.

(g) Process for extension of the term in Level 1 beyond 3 months

Where an employer proposes that the term an employee will spend in Level 1 should be extended beyond 3 months the following actions will be taken at least 3 weeks before the expiration of the initial 3 months:

(i) the employee will be advised in writing. This advice will set out clearly the areas where the employee has not reached the competency standards required for progression to Level 2 and are set out in the skill development program;

(ii) where the employee is a member of the union a copy of the advice to the employee will be sent to the relevant branch secretary of the union at the same time as it is provided to the employee;

(iii) subsequent to the advice of intention to extend the period in Level 1 beyond 3 months being issued, a meeting will be held between the employer and the employee and a full-time official of the union or their nominee where the employee is a union member. At this meeting the parties will develop and agree on a plan (including time frames) to assist the employee to develop competence to the required standard in the areas identified as deficient and agreed to by the employee. This plan will be documented and signed by all parties — that is the employer, the employee and the union official where the employee is a union member;

(iv) the employee (and the branch office of the union if the employee is a union member) will be notified immediately by the employer if any further problems arise during this extension period.

Transport (Cash in Transit) Award 2020

MA000042

31. Dispute resolution procedure training leave

31.2 An eligible employee representative must give the employer 6 weeks’ notice of the employee’s intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer agrees to accept.

31.3 The notice to the employer must include details of the type, content and duration of the course to be attended.

31.4 The taking of such leave must be arranged having regard to the operational requirements of the employer so as to minimise any adverse effect on those requirements.

31.5 An employee representative taking such leave must be paid all ordinary time earnings which normally become due and payable during the period of leave.

31.6 Leave of absence granted pursuant to clause 31will count as service for all purposes of this award.

31.7 For the purpose of clause 31, an eligible employee representative:

(a) may be a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in a workplace generally or collectively for all or part of a workplace for the purpose of representing those employees in the dispute resolution procedure; and

(b) is within the class and number of representatives entitled from year to year to take paid dispute resolution procedure training leave according the following quota table:

No. of full-time plus part-time employees at enterprise or workplace

Max no. of eligible employee

5–15	1
16–30	2
31–50	3
51–90	4
More than 90	5

Travelling Shows Award 2020

MA000102

N/A

Vehicle Repair, Services and Retail Award 2020

MA000089

2. Definitions

employee representative means an employee elected or appointed by the employees in a workplace, which will include an employee appointed as shop steward in the area or department in which the employee is employed, for the purpose of representing the employees in matters arising from the application of provisions in this award. In the case of a shop steward being appointed, the responsible officer of the union concerned will provide written notification to the employer. Upon such notification, the employee will be recognised as the accredited representative of the union to which they belong.

18. Wage-related allowances
…

18.6 Dirty work

…

(d) Where a union alleges that an employer or the employer’s representative is unreasonable or capricious in relation to such a claim, it can refer the question via the steps within the dispute resolution procedure at clause 37 — Dispute resolution.

20. Accident pay
…

20.3 Notice of injury

When an employee receives an injury for which the employee claims to be entitled to payment under clause 20, the employee shall give notice in writing of the injury to the employer as soon as reasonably practicable after receiving the injury. Notice can be given by a representative of the employee.

22. Ordinary hours of work and rostering
…

22.5 Shifts in excess of 10 hours

(a) By agreement between an employer and the majority of employees in the enterprise or part of the enterprise, arrangements involving the working of days or shifts in excess of 10 hours and up to 12 hours per day may be introduced subject to:

…

(v) a trial or review process being jointly implemented by the employer and the employees or their representatives.

Victorian Government Schools - Early Childhood - Award 2016

MA000152

N/A

Victorian Government Schools Award 2016

MA000155

N/A

Victorian Local Government (Early Childhood Education Employees) Award 2016

MA000150

N/A

Victorian Local Government Award 2015

MA000132

9. Dispute resolution
…

9.7 Dispute Resolution Training Leave

(b) Eligible employees are only entitled to leave in accordance with this clause for accredited courses.

(d) For the purpose of this clause an accredited course means Dispute Resolution Training Course conducted by or on behalf of a registered training organisation whose scope of registration includes industrial relations training.

(e) Nothing in this clause will prevent the employer and the eligible employee from reaching agreement that such training can be provided by a union or other accredited training provider(s).

(f) An eligible employee is defined as a full-time or part-time employee:

(i) who is a union delegate, who has been duly appointed by a union and the employer has been formally notified of that appointment; and

(ii) who has completed 12 months continuous service with the current employer.

(g) An eligible employee must comply with the following notice requirements:

(i) provide the employer with at least 5 weeks prior notice in writing of their request to attend a dispute resolution training course;

(ii) outline details of the type, content, venue and duration of the course to be attended in the written notice provided in accordance with clause 9.7(g)(i) .

(h) The employer will consider a request for leave in accordance with this clause having regard to:

(i) the operational requirements of the employer; and

(ii) the capacity of the employer to make adequate staffing arrangements among current employees during the proposed period of leave.

(i) An employer must not unreasonably refuse to agree to a request by the employee to take dispute resolution training leave.

(j) An employer will not be liable for any additional expenses associated with an employee’s attendance at a course other than the payment of ordinary hourly ordinary time rate for such absence.

(k) An eligible employee will be required to provide the employer with proof of attendance at, and satisfactory completion of, the course to qualify for payment of leave.

(l) Leave granted pursuant to this clause counts as service for all purposes of this award.

Victorian Public Service Award 2016

MA000135

N/A

Victorian State Government Agencies Award 2015

MA000134

27. Dispute resolution
…

27.7 Dispute resolution training leave

To assist in the resolution of disputes at a workplace, an employee appointed to represent the employees will be granted leave to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the agency. The specific training course will be agreed between the employer and the individual employee. An employee granted leave of absence under this subclause will not suffer any loss of pay.

Viterra Bulk Handling and Storage of Grains, Pulses and Minerals Award 2015

MA000136

12. Redundancy

12.1 Discussion before redundancy

(a) Where an employer has made a firm decision that the employer no longer requires the job the employees have been doing by anyone, and that decision may lead to termination of employment, the employer must have discussions, as soon as practicable, with the employees directly affected and their representative. Discussions must include:

…

13. Classifications
…

13.2 The classifications set out in Schedule C and Schedule D —Skills Based Career Path will be reviewed by the employer every four years. The first four yearly review commenced in 2014. As part of this review process, the employer will consult with its employees and their representatives.

28. Dispute resolution procedure training leave

28.1 For the purpose of this clause, an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure.

28.2 Other than casuals, eligible employee representatives shall be allowed leave with pay up to a maximum of five days per annum per group to attend trade union training courses subject to the following conditions:

(a) Not less than four weeks’ notice in writing is given to the employer of the date of commencement of the training course including an agenda with the times on which the course is to be conducted, such notice to be endorsed by the branch secretary of the relevant union.

(b) That the employer is able to make adequate staffing arrangements during the period of such leave.

(c) Leave taken pursuant to this clause shall be counted as continuous service for all purposes of the award and for purposes of long service leave entitlements.

(d) That an employee shall have completed 12 months’ service with the employer before becoming eligible for leave pursuant to this clause.

(e) At any one time, no more than one employee of any one establishment of the employer shall be on leave pursuant to this clause unless otherwise agreed.

Waste Management Award 2020

MA000043

31. Dispute resolution training leave

31.1 An employee representative is entitled to leave with pay each calendar year, non-cumulative, to a maximum of 5 days per employee per year, to attend courses which are specifically directed towards effective resolution of disputes regarding industrial matters under this award and/or industrial issues which arise at the workplace. Union delegates and/or employee representatives are only entitled to leave in accordance with clause 31 for bona fide courses.

31.2 For the purposes of clause 31 , a bona fide course means a Dispute Resolution Training Leave Course conducted by or on behalf of a registered training organisation whose scope of registration includes industrial relations training. Nothing in clause 31 will prevent the employee representative and the employer from reaching agreement that such training can be provided by a union or other accredited training provider/s.

31.3 An employee representative must give the employer 6 weeks’ notice of their intention to attend such courses and the leave to be taken, or such shorter period of notice as the employer may agree to accept.

31.4 The notice to the employer must include details of the type, content and duration of the course to be attended. Upon request, the course curriculum must be provided to the employer.

31.5 Leave is to be available according to the following scale for each yard, depot or garage of an employer:

No. of full and part-time employees covered by this award	Max. no. of employee representatives eligible to attend per year	Max. no. of days permitted per year
5–15	1	5
16–30	2	10
31–50	3	15
51–100	4	20
101 and over	5	25

31.6 An employer will not be liable for any additional expenses associated with an employee’s attendance at a course other than the payment of ordinary time earnings for such absence. For the purposes of clause 31 ordinary time earnings are defined as the ordinary hourly rate and shiftwork rates, where relevant, plus over award payment where applicable.

31.7 Leave of absence on training leave will be counted as service.

31.8 The employee must provide the employer with proof of attendance.

Water Industry Award 2020

MA000113

N/A

Wine Industry Award 2020

MA000090

N/A

Wool Storage, Sampling and Testing Award 2020

MA000044

N/A