17. Annualised wage arrangements

17.1 Annualised wage instead of award provisions

(a) An employer and a full-time employee may enter into a written agreement for the employee to be paid an annualised wage in satisfaction, subject to clause 17.1(c), of any or all of the following provisions of the award:

(i) clauses 32, 37, and 47—Minimum rates;

(ii) clauses 18 and 33—Allowances and special allowances;

(iii) clause 34.3—Ordinary hours of work and rostering (Broadacre Farming and Livestock Operations);

(iv) clause 35, 43 and 49—Overtime and penalty rates;

(v) clause 42—Penalty rates for shiftwork (Pig Breeding and Raising);

(vi) clause 20.5—Annual leave loading;

(vii) clause 44—Saturdays and Sundays (Pig Breeding and Raising); and

(viii) clauses 35.5, 45 and 49.3—Public holidays.

(b) Where a written agreement for an annualised wage agreement is entered into, the agreement must specify:

(i) the annualised wage that is payable;

(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;

(iii) the method by which the annualised wage has been calculated, including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation; and

(iv) the outer limit number of ordinary hours which would attract the payment of a penalty rate under the award and the outer limit number of overtime hours which the employee may be required to work in a pay period or roster cycle without being entitled to an amount in excess of the annualised wage in accordance with clause 17.1(c).

(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified in the agreement pursuant to clause 17.1(b)(iv) such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.

(d) The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.

(e) The agreement may be terminated:

(i) by the employer or the employee giving 12 months’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(ii) at any time, by written agreement between the employer and the individual employee.

17.2 Annualised wage not to disadvantage employees

(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier, over such lesser period as has been worked).

(b) The employer must each 12 months from the commencement of the annualised wage arrangement or, within any 12 month period upon the termination of employment of the employee or termination of the agreement, calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount, the employer shall pay the employee the amount of the shortfall within 14 days.

(c) The employer must keep a record of the starting and finishing times of work, and any unpaid breaks taken, of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 17.2(b). This record must be signed by the employee, or acknowledged as correct in writing (including by electronic means) by the employee, each pay period or roster cycle.

17.3 Base rate of pay for employees on annualised wage arrangements

For the purposes of the NES, the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in the Minimum wage provisions of either clause 32 or clause 37 or clause 47 and excludes any incentive-based payments, bonuses, loadings, monetary allowances, overtime and penalties.

32. Minimum rates

[Varied by PR724570, PR729290, PR729479, PR740716, PR740884, PR762145, PR762308, PR773920, PR774088, PR786573, PR786739, PR799316, PR799473]

32.1 Adult rates

[32.1 varied by PR729290, PR740716, PR762145, PR773920, PR786573, PR799316 ppc 01Jul26]

The following rates apply to adult farm and livestock hands classified under clause 31—Classifications of this award:

Wage group | Minimum weekly rate (full-time employee) | Minimum hourly rate

| $ | $

FLH1 | 978.10 | 25.74

FLH2 | 1004.90 | 26.44

FLH3 | 1006.80 | 26.49

FLH4 | 1029.10 | 27.08

FLH5 | 1046.90 | 27.55

FLH6 | 1062.90 | 27.97

FLH7 | 1119.10 | 29.45

FLH8 | 1202.50 | 31.64

32.2 Junior rates

Age of employee | % of relevant adult rate

Under 16 years | 50

16 years | 60

17 years | 70

18 years | 80

19 years | 90

20 years | 100

32.3 With keep rate

[32.3 varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR786739, PR799473 ppc 01Jul26]

If keep is provided then the employer may deduct an amount of $165.86 per week from the employee’s total weekly wages.

NOTE: See Clause B.2 for a summary of hourly rates of pay including overtime and penalty rates.

37. Minimum rates

[Varied by PR729290, PR740716, PR762145, PR773920, PR781364, PR786573, PR799316]

37.1 Adult rates

[37.1 varied by PR729290, PR740716, PR762145, PR773920 ppc 01Jul24, PR781364 ppc 01Apr25; varied by PR786573, PR799316 ppc 01Jul26]

The following rates apply to adult piggery attendants classified under clause 36—Classifications of this award:

Wage group | Minimum weekly rate (full-time employee) | Minimum hourly rate

| $ | $

PA1 | 978.10 | 25.74

PA2 | 1004.90 | 26.44

PA3 | 1029.10 | 27.08

PA4 | 1063.00 | 27.97

PA5 | 1089.90 | 28.68

PA6 | 1119.10 | 29.45

PA7 | 1154.30 | 30.38

37.2 Junior rates

Age of employee | % of relevant adult rate

Under 16 years | 50

16 years | 60

17 years | 70

18 years | 80

19 years | 90

20 years | 100

NOTE: See clauses B.4 and B.5 for a summary of hourly rates of pay including overtime and penalty rates.

47. Minimum rates

[Varied by PR729290, PR740716, PR762145, PR773920, PR786573, PR799316]

47.1 Adult rates

[47.1 varied by PR729290, PR740716, PR762145, PR773920, PR786573, PR799316 ppc 01Jul26]

The following rates apply to adult poultry workers classified under clause 46—Classifications of this award:

Wage group | Minimum weekly rate (full-time employee) | Minimum hourly rate

| $ | $

PW1 | 978.10 | 25.74

PW2 | 1006.80 | 26.49

PW3 | 1046.90 | 27.55

PW4 | 1119.10 | 29.45

47.2 Junior rates

Age of employee | % of relevant adult rate

Under 16 years | 50

16 years | 60

17 years | 70

18 years | 80

19 years | 90

20 years | 100

NOTE: See clauses B.6 and B.7 for a summary of hourly rates of pay including overtime and penalty rates.

18. Allowances

[Varied by PR724570, PR729290, PR729479, PR740716, PR740884, PR762145, PR762308, PR773920, PR774088, PR786573, PR786739, PR799316, PR799473]

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

18.1 Employers must pay to an employee the allowances the employee is entitled to under clause 18.

NOTE: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

18.2 Wage-related allowances

(a) All-purpose allowances

Allowances paid for all purposes are included in the rate of pay of an employee who is entitled to the allowance, when calculating any penalties or loadings or payment while they are on annual leave. The following allowances are paid for all purposes under this award:

(i) leading hand allowance (clause 18.2(b)); and

(ii) first aid allowance (clause 18.2(c)).

(b) Leading hands

[18.2(b)(i) varied by PR729290, PR740716, PR740716, PR762145, PR773920, PR786573, PR799316 ppc 01Jul26]

(i) A leading hand in charge of 2 or more people must be paid as follows:

In charge of | $ per week

2–6 employees | 30.41

7–10 employees | 35.43

11–20 employees | 50.50

More than 20 employees | 63.46

(ii) The allowance contained in clause 18.2(b)(i) will apply to part-time employees on a pro rata basis.

(c) First aid allowance

[18.2(c) varied by PR729290, PR740716, PR762145, PR773920, PR786573, PR799316 ppc 01Jul26]

An employee appointed by their employer to perform first aid duty as required in addition to their usual duties, and holding a current recognised first aid qualification, such as one from St John Ambulance or similar body, must be paid an allowance of $3.70 per day.

18.3 Expense-related allowances

(a) Tool and equipment allowance

(i) If the employer requires employees to supply their own tools and equipment, employees must be reimbursed for the cost of supplying those tools and equipment.

(ii) The provisions of clause 18.3 do not apply where the tools and equipment are paid for by the employer.

(b) Travelling allowance

(i) Where an employee is required to travel from one place to another for the purpose of work, the time occupied in travelling will be counted as time worked and paid for as such.

(ii) Time spent by an employee travelling from the employee’s home to the principal place of employment and return will not be regarded as time worked.

(iii) An employee who is compelled by their duties to spend the night away from home or the property at which the employee is employed (whichever is the employee’s normal place of sleeping during employment), will be reimbursed by the employer for the demonstrable cost of suitable accommodation.

(iv) The provisions of clause 18.3(b) will not apply where the employer provides the employee with suitable accommodation free of charge.

(c) Use of vehicle allowance

[18.3(c) varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR799473 ppc 01Jul26]

An employee will be paid an allowance of $1.00 per kilometre when instructed by the employer to use their own vehicle during working hours to relocate materials, equipment, or personnel either within the normal work location or on public thoroughfares.

(d) Overtime meal allowance

[18.3(d)(i) varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR786739, PR799473 ppc 01Jul26]

(i) An employee required to work overtime for more than 1.5 hours after working ordinary hours will be supplied with a suitable meal free of cost by the employer or paid $17.90 for the first and any subsequent meals.

[18.3(d)(ii) varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR786739, PR799473 ppc 01Jul26]

(ii) An employee required to work overtime for more than 2 hours after the employee’s ordinary finishing time without having been notified before leaving work on the previous day that they will be required to work overtime:

 will be allowed a meal break not later than 2 hours after commencing overtime;

 will be allowed a meal break every 5 hours after the first meal break, for as long as the overtime continues; and

 will be provided with a suitable meal free of cost by the employer for each meal break or paid a meal allowance of $17.90 for each meal not supplied.

(e) Reimbursement of expenses

An employer who authorises an employee to incur expenses in the course of their employment, will reimburse the employee the expense upon provision of a tax invoice and receipt.

(f) Wet weather clothing and footwear

(i) An employee who is required to work in a wet place must be provided with protective clothing and footwear by the employer.

(ii) If an employee who is required to work in a wet place is not provided with protective clothing and footwear, the employer will reimburse the employee for the reasonable cost of providing their own protective clothing and footwear.

(iii) If protective clothing and footwear is provided and paid for by the employer, it will remain the property of the employer.

(iv) ‘Wet place’ is defined in clause 2—Definitions.

(g) Protective clothing

(i) If the employer requires an employee to supply his or her own protective clothing, the employer must reimburse the employee for the cost of supplying the protective clothing.

(ii) The provisions of clause 18.3(g)(i) do not apply where the protective clothing is paid for by the employer.

(iii) Any protective clothing that is paid for by the employer remains the property of the employer.

(h) Charges for accommodation, meat, goods, and services

(i) If the employer provides an employee with living premises for the use of a “without keep” employee and the employee’s household, the employer may charge an amount agreed between them in writing for the use of the premises and/or power supplied to the premises.

(ii) The employer may charge to an employee:

 the cost of goods or services supplied to the employee at the employee’s request and paid for by the employer; and

 the cost of goods purchased by the employer for the employee at the employee’s request.

(iii) If the employer supplies an employee with meat, the employer may charge the employee an amount mutually agreed upon.

(iv) If the employer sells groceries or stores to the employee, the prices charged must not exceed the cost price with carriage added.

33. Special allowances

[Varied by PR724570, PR729290, PR729479, PR740716, PR740884, PR762145, PR762308, PR773920, PR774088, PR786573, PR786739, PR799316, PR799473]

NOTE 1: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

NOTE 2: See Schedule C—Summary of Monetary Allowances for a summary of monetary allowances and method of adjustment.

33.1 Where a station hand is required by the employer to find their own horse and/or saddle, the employee will be paid weekly allowances of:

[33.1(a) varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR786739, PR799473 ppc 01Jul26]

(a) $9.63 for the horse; and

[33.1(b) varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR786739, PR799473 ppc 01Jul26]

(b) $7.69 for the saddle.

33.2 The allowance specified in clause 33.1(b) is not payable where the employer has reimbursed the employee for the cost of the saddle.

33.3 When a station hand is required by the employer to provide their own dog which is used as a cattle or sheep dog for station purposes, the employer will pay to the employee:

(a) an allowance mutually agreed upon for each dog; and

(b) the amount of any licence or registration fee which must be paid by the employee for a period during which the dog is used.

[33.4 varied by PR729290, PR740716, PR762145, PR773920, PR786573, PR799316 ppc 01Jul26]

33.4 Employees will be paid $4.49 per day in addition to their ordinary rate for each day upon which they are engaged:

(a) in or in connection with jetting or spraying of sheep, if they mix the poison or handle the nozzle; or

(b) in swabbing sheep for more than 3 days in any one week.

34. Ordinary hours of work and rostering

34.1 The average ordinary working hours for a farm and livestock hand will be fixed by agreement between the employer and the employees but will not exceed an average of 38 hours per week over a 4 week period.

34.2 The ordinary hours of work of farm and livestock hands (other than station cooks) will not exceed 152 hours in any consecutive period of 4 weeks.

34.3 Station cooks

(a) A cook who is required to work for more than 5.5 days in any one week will be paid, in addition to the weekly wage of this award, the following overtime rates:

(i) for work on 6 full days—an amount of 3/22nds of the appropriate weekly rate;

(ii) for work on 6 full days and one half day—an amount equal to 3/11ths of the appropriate weekly rate; or

(iii) for work on 7 full days—an amount equal to 9/22nds of the appropriate weekly rate.

(b) No overtime will be worked nor will an employee perform work on the employee’s day and/or half day off without the permission of or under the instructions of the employer or their authorised representative.

35. Overtime and penalty rates

[Varied by PR723940, PR763232]

35.1 All time worked by an employee in excess of the ordinary hours in clause 34—Ordinary hours of work and rostering will be regarded as overtime.

[35.2 varied by PR723940 ppc 20Nov20]

35.2 The rate of pay for overtime for a farm and livestock hand will be:

For overtime worked | Overtime rateFull-time and part-time employees % ordinary hourly rate | Overtime rateCasual employees % of ordinary hourly rate

Monday to Saturday | 150 | 175

Sunday—feeding and watering stock | 150 | 175

Sunday—other than feeding and watering stock | 200 | 225

[Note inserted by PR723940 ppc 20Nov20]

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 35.2.

35.3 No employee will be entitled to payment for overtime, or equivalent time off instead, unless:

(a) the employee makes a claim to the employer or their authorised representative either within 2 weeks after the overtime is alleged to have been performed; or

(b) by the next date of payment of the employee’s wages,

whichever is the later.

35.4 Overtime and public holiday rates are calculated on the ordinary hourly rate before any deduction is made for keep.

35.5 Public holidays

A farm and livestock hand required to work on a public holiday will be paid 200% of the ordinary hourly rate.

35.6 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for all overtime that is worked by the employee under this agreement.

(b) An agreement made under clause 35.6 will remain in place unless the agreement is terminated. The agreement can be terminated by the employer or employee at any time by notice in writing.

(c) An agreement made under clause 35.6 must be in writing and must state each of the following:

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

(ii) that the agreement can be terminated at any time by notice in writing;

(iii) that overtime worked after the agreement is terminated will be paid at the overtime rate applicable to the overtime when worked;

(iv) that time off instead of overtime must be taken within 6 months of it being worked, at a time or times agreed by the employee and employer;

(v) that, if time off is not taken as mentioned in 35.6(c)(iv), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

NOTE: An example of the type of agreement required by clause 35.6 is set out at Schedule E—Agreement for time off instead of payment for overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for time off instead of payment for overtime. An agreement under clause 35.6 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

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

EXAMPLE: By making an agreement under clause 35.6 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

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

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

(f) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 35.6(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked unless the employer agrees to pay out the accrued overtime earlier.

(g) The employer must keep a copy of any agreement under clause 35.6 as an employee record.

(h) The employer must keep a record of the number of overtime hours worked by the employee, when those hours were worked and an updated record of the employee’s time off instead of payment for overtime balance.

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

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 35.6 will apply, including the requirement for a written agreement under clause 35.6(c) for overtime that has been worked.

[Note varied by PR763232 ppc 01Aug23]

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

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 35.6 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 35.6.

Part 7—Pig Breeding and Raising

43. Overtime

[Varied by PR723940, PR724570, PR729479, PR740884, PR762308, PR763232, PR774088, PR786739, PR799473]

43.1 All time worked by piggery attendants before the ordinary commencing time or after the ordinary finishing time or in excess of ordinary hours of work in any one day or in any one week will be regarded as overtime.

[43.2 varied by PR723940 ppc 20Nov20]

43.2 Overtime will be paid at the following rates:

For overtime worked | Overtime rateFull-time and part-time employees % ordinary hourly rate | Overtime rateCasual employees % of ordinary hourly rate

Monday to Saturday—first 2 hours | 150 | 175

Monday to Saturday—after first 2 hours | 200 | 225

Sunday—all hours | 200 | 225

[Note inserted by PR723940 ppc 20Nov20]

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 43.2.

43.3 A minimum payment of 3 hours’ overtime on a Saturday or Sunday is payable except for work which is continuous with ordinary duty.

43.4 In computing overtime each day’s work will stand alone.

43.5 Employees will work reasonable overtime to meet the needs of the enterprise.

43.6 Recall to duty

(a) An employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) must be paid for a minimum of 4 hours’ work at the appropriate rate for each time the employee is so recalled.

(b) The employee must not be required to work the full 4 hours if the job they were recalled to perform is completed within a shorter period.

43.7 Overtime meal allowance

[43.7(a) varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR786739, PR799473 ppc 01Jul26]

(a) If an employee is required to work overtime after working ordinary hours on Monday to Friday (except where the period of overtime is less than 1.5 hours) the employee will be paid $17.90 for the first and any subsequent meals. Alternatively, the employer may supply the employee with a meal.

[43.7(b) varied by PR724570, PR729479, PR740884, PR762308, PR774088, PR786739, PR799473 ppc 01Jul26]

(b) Where overtime is unplanned and not notified the day or days beforehand, a payment will be made of $17.90 after 2 hours of overtime if work will continue beyond the meal break. Alternatively, the employer may supply the employee with a meal. Clause 43.7(b) does not apply to overtime worked after ordinary hours on Monday to Friday.

(c) Where an employee is notified the day or days prior to an overtime day, the meal allowance is not payable unless the overtime is cancelled. Where cancellation occurs and notice of cancellation is not given at least the day before the planned overtime, the employee will be paid the meal allowance.

43.8 Paid breaks during overtime

(a) Meal break

Before starting overtime after working ordinary hours on Monday to Friday an employee will be allowed a meal break of 30 minutes which will be paid for at ordinary rates.

(b) Crib time

An employee working overtime will be allowed a crib time of 20 minutes without deduction of pay after each 4 hours of work.

(c) Clause 43.8 does not apply where the period of overtime is less than 1.5 hours.

43.9 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for all overtime that is worked by the employee under this agreement.

(b) An agreement made under clause 43.9 will remain in place unless the agreement is terminated. The agreement can be terminated by the employer or employee at any time by notice in writing.

(c) An agreement made under clause 43.9 must be in writing and must state each of the following:

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

(ii) that the agreement can be terminated at any time by notice in writing;

(iii) that overtime worked after the agreement is terminated will be paid at the overtime rate applicable to the overtime when worked;

(iv) that time off instead of overtime must be taken within 6 months of it being worked, at a time or times agreed by the employee and employer;

(v) that, if time off is not taken as mentioned in clause 43.9(c)(iv), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

NOTE: An example of the type of agreement required by clause 43.9 is set out at Schedule E—Agreement for time off instead of payment for overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for time off instead of payment for overtime. An agreement under clause 43.9 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

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

EXAMPLE: By making an agreement under clause 43.9 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

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

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

(f) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 43.9(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked unless the employer agrees to pay out the accrued overtime earlier.

(g) The employer must keep a copy of any agreement under clause 43.9 as an employee record.

(h) The employer must keep a record of the number of overtime hours worked by the employee, when those hours were worked and an updated record of the employee’s time off instead of payment for overtime balance.

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

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request the clause 43.9 will apply, including the requirement for a written agreement under clause 43.9(c) for overtime that has been worked.

[Note varied by PR763232 ppc 01Aug23]

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

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 43.9 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 43.9.

49. Overtime and public holidays

[Varied by PR723940, PR763232]

49.1 Overtime

(a) All time worked by a poultry worker in excess of the ordinary hours in clause 48—Ordinary hours of work and rostering will be regarded as overtime.

[49.1(b) varied by PR723940 ppc 20Nov20]

(b) The rate of pay for overtime for a poultry farm worker will be:

For overtime worked | Overtime rateFull-time and part-time employees % ordinary hourly rate | Overtime rateCasual employees % ordinary hourly rate

Monday to Saturday | 150 | 175

Sunday—feeding and watering stock | 150 | 175

Sunday—other than feeding and watering stock | 200 | 225

[Note inserted by PR723940 ppc 20Nov20]

NOTE: The overtime rates for casual employees have been calculated by adding the casual loading prescribed by clause 11.3(a)(ii) to the overtime rates for full-time and part-time employees prescribed by clause 49.1(b).

49.2 Time off instead of payment for overtime

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for all overtime that is worked by the employee under this agreement.

(b) An agreement made under clause 49.2 will remain in place unless the agreement is terminated. The agreement can be terminated by the employer or employee at any time by notice in writing.

(c) An agreement made under clause 49.2 must be in writing and must state each of the following:

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

(ii) that the agreement can be terminated at any time by notice in writing;

(iii) that overtime worked after the agreement is terminated will be paid at the overtime rate applicable to the overtime when worked;

(iv) that time off instead of overtime must be taken within 6 months of it being worked, at a time or times agreed by the employee and employer;

(v) that, if time off is not taken as mentioned in clause 49.2(c)(iv), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.

NOTE: An example of the type of agreement required by clause 49.2 is set out at Schedule E—Agreement for time off instead of payment for overtime. There is no requirement to use the form of agreement set out at Schedule E—Agreement for time off instead of payment for overtime. An agreement under clause 49.2 can also be made by an exchange of emails between the employee and employer, or by other electronic means.

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

EXAMPLE: By making an agreement under clause 49.2 an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

(e) Time off must be taken:

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

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

(f) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in 49.2(e), the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked unless the employer agrees to pay out the accrued overtime earlier.

(g) The employer must keep a copy of any agreement under clause 49.2 as an employee record.

(h) The employer must keep a record of the number of overtime hours worked by the employee, when those hours were worked and an updated record of the employee’s time off instead of payment for overtime balance.

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

(j) An employee may, under section 65 of the Act, request to take time off, at a time or times specified in the request or to be subsequently agreed by the employer and the employee, instead of being paid for overtime worked by the employee. If the employer agrees to the request, then clause 49.2 will apply, including the requirement for a written agreement under clause 49.2(c) for overtime that has been worked.

[Note varied by PR763232 ppc 01Aug23]

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

(k) If, on the termination of the employee’s employment, time off for overtime worked by the employee to which clause 49.2 applies has not been taken, the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

NOTE: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 49.2.

49.3 Public holidays

A poultry worker required to work on a public holiday will be paid 200% of the ordinary hourly rate.

Part 9—Shearing Operations

42. Penalty rates for shiftwork

42.1 Definitions of types of shift

(a) Afternoon shift means any shift finishing after 6.00 pm and at or before midnight.

(b) Night shift means any shift finishing after midnight and at or before 8.00 am.

(c) Permanent night shift means a night shift on which the employee carries out work during a period for which they are engaged on shift work and the employee:

(i) works only night shifts; or

(ii) remains on night shift for more than 4 consecutive weeks; or

(iii) works on a night shift cycle in which they do not have at least one third of their working time off night shift in each shift cycle (that time off might be arranged through a shift rotation or by the worker’s shift alternating with another shift).

(d) Successive afternoon or night shift means a shift (that is not a permanent night shift as defined in clause 42.1(c)) worked by an employee during a period where the employee works:

(i) 5 successive afternoons or 5 successive night shifts on a 5 day site; or

(ii) 6 successive afternoons or 6 successive night shifts on a 6 day site.

(e) Non-successive afternoon or night shift means a shift (that is not a permanent night shift as defined in clause 42.1(c)) on which the employee works any mix of afternoon and night shifts in any:

(i) 5 successive days on a 5 day site; or

(ii) 6 successive days on a 6 day site.

42.2 Rates for shiftwork

An employer must pay an employee working ordinary hours on the shifts defined in clause 42.1 at the rates in the table below:

Shift | Penalty rate (% of minimum hourly rate)

Successive afternoon or night shift | 115%

Non-successive afternoon or night shift | First 3 hours, 150% After first 3 hours, 200%

Permanent night shift | 130%

Saturday or Sunday | See clause 44—Saturday and Sunday penalty rates

Public holiday | See clause 45—Payment for public holidays

NOTE: Employees to whom Part 7—Pig Breeding and Raising applies may work on shifts under:

(a) Clause 39—Continuous work hours—Ordinary hours and roster cycles for shiftworkers: or

(b) Clause 40—Other than continuous work hours—Ordinary hours and roster cycles for shiftworkers.

20. Annual leave

20.1 Annual leave is provided for in the NES.

20.2 Conversion to hourly entitlement

An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in section 87 of the Act to an hourly entitlement for administrative ease (e.g. 152 hours for a full-time employee entitled to 4 weeks’ annual leave (4 weeks x 38 hours per week)).

20.3 Payment for period of annual leave

(a) An employee (other than a pieceworker) under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.

(b) Clause 20.3(a) will apply instead of the base rate of pay as referred to in section 90(1) of the Act.

NOTE: Where an employee is receiving over-award payments such that the employee’s base rate of pay is higher than the rate specified under this award, the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections 16 and 90 of the Act).

20.4 Electronic funds transfer (EFT) payment of annual leave

Despite anything else in clause 20, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

20.5 Annual leave loading

An employee must also be paid a loading calculated on the wages prescribed by this award. The loading must be as follows:

(a) Other than shiftworkers

(i) An employee other than a shiftworker must be paid a loading equal to 17.5% of the wages prescribed by this award for the ordinary hours of work.

(ii) Where an employee is rostered to work ordinary weekly hours on days which attract penalty rates and the employee would have earned a greater amount than the amount provided in clause 20.5(a)(i) but for the period of leave then the employee will be paid the amount they would have earned for the ordinary hours worked instead of the 17.5% loading.

(b) Shiftworkers

An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed by this award or the shift loading including relevant weekend penalty rates, whichever is the greater but not both.

20.6 Excessive leave accruals: general provision

NOTE: Clauses 20.6 to 20.8 contain provisions, additional to the NES, about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’ paid annual leave.

(b) If an employee has an excessive leave accrual, the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 20.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 20.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

20.7 Excessive leave accruals: direction by employer that leave be taken

(a) If an employer has genuinely tried to reach agreement with an employee under clause 20.6(b) but agreement is not reached (including because the employee refuses to confer), the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However, a direction by the employer under clause 20.7(a):

(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account; and

(ii) must not require the employee to take any period of paid annual leave of less than one week; and

(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the direction is given; and

(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c) The employee must take paid annual leave in accordance with a direction under clause 20.7(a) that is in effect.

(d) An employee to whom a direction has been given under clause 20.7(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 20.7(d) may result in the direction ceasing to have effect. See clause 20.7(b)(i).

NOTE 2: Under section 88(2) of the Act, the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

20.8 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 20.6(b) but agreement is not reached (including because the employer refuses to confer), the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However, an employee may only give a notice to the employer under clause 20.8(a) if:

(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice; and

(ii) the employee has not been given a direction under clause 20.7(a) that, when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account, would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under clause 20.8(a) must not:

(i) if granted, result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 20.6, 20.7 or 20.8 or otherwise agreed by the employer and employee) are taken into account; or

(ii) provide for the employee to take any period of paid annual leave of less than one week; or

(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks, or more than 12 months, after the notice is given; or

(iv) be inconsistent with any leave arrangement agreed by the employer and employee.

(d) An employee is not entitled to request by a notice under clause 20.8(a) more than 4 weeks’ paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 20.8(a).

20.9 Annual leave in advance

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(i) state the amount of leave to be taken in advance and the date on which leave is to commence; and

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

NOTE: An example of the type of agreement required by clause 20.9 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.

(c) The employer must keep a copy of any agreement under clause 20.9 as an employee record.

(d) If, on the termination of the employee’s employment, the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 20.9, the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

20.10 Transfer of business

Where a business is transferred from one employer to another, employees formerly employed by the old employer will be deemed to have served any applicable probationary period with that employer. Employees will not be required to serve any probationary period for any purpose in relation to their employment with the new employer.

20.11 Proportionate leave on termination

On termination of employment, an employee must be paid for leave accrued (including shift loadings) that has not been taken at the appropriate rate calculated in accordance with this award.

20.12 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 20.12.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 20.12.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 20.12 must state:

(i) the amount of leave to be cashed out and the payment to be made to the employee for it; and

(ii) the date on which the payment is to be made.

(e) An agreement under clause 20.12 must be signed by the employer and employee and, if the employee is under 18 years of age, by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 20.12 as an employee record.

NOTE 1: Under section 344 of the Act, an employer must not exert undue influence or undue pressure on an employee to make, or not make, an agreement under clause 20.12.

NOTE 2: Under section 345(1) of the Act, a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 20.12.

NOTE 3: An example of the type of agreement required by clause 20.12 is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.

44. Saturday and Sunday penalty rates

For work performed by piggery attendants on a Saturday or a Sunday, the following rates apply:

For time worked: | Penalty rate % ordinary hourly rate

Day workers |

Saturday—ordinary hours worked by agreement | 150

Shiftworkers |

Saturday1 | 150

Sunday—continuous shifts (where the major portion of the rostered shift is on a Sunday) | 200

1 Provision in substitution for and not cumulative upon shift rates in clause 42.2—Rates for shiftwork.

45. Payment for public holidays

[Varied by PR747352]

45.1 A piggery attendant who is a day worker required to work on a public holiday will be paid 250% of the ordinary hourly rate for a minimum of 3 hours and up to the usual rostered hours. For time worked in excess of the ordinary rostered hours overtime rates will apply.

45.2 A shiftworker required to work on a public holiday will be paid 200% of the ordinary hourly rate for a minimum of 3 hours and up to the usual rostered hours.

45.3 By agreement between an employer and the employees, time off instead of payment for public holidays may be accrued for public holiday work. That is, the employee will receive ordinary time payment for the hours worked on the said holiday and accrue time to be taken at a mutually agreed time.

[45.4 inserted by PR747352 ppc14Nov22]

45.4 Hours of work performed immediately before or after a part-day public holiday, that form part of one continuous shift, are counted as part of the minimum payment/engagement period in clause 45.

Part 8—Poultry Farming