11. Daily hire employees

[Varied by PR733854]

11.1 An employer in a meat processing establishment may employ daily hire or part-time daily hire employees.

11.2 The daily hire employee will be employed by the day or shift or part thereof as the case may be, without breaking service for the purposes of the award and the NES as to payment for public holidays, personal/carer’s leave and annual leave. Employment will terminate at the end of each day or shift on which the employee is employed.

11.3 A daily hire employee may be required by the employer to work no less than 7.6 ordinary hours for each day they are employed.

11.4 A part-time daily hire employee may be required by the employer to work no less than 4 consecutive hours for each day they are employed.

11.5 Notwithstanding the termination of employment at the end of each day or shift, the engagement of a daily hire employee or part-time daily hire employee will continue until the engagement is terminated.

11.6 Engagement may be terminated by notice on either side as from the end of the ordinary working hours on the day or shift on which notice is given or at any later time specified by the notice.

11.7 An employee who terminates their engagement as from a time prior to the end of the ordinary working hours on any day or shift without having given the notice in accordance with clause 11.6 will not be entitled to payment in respect of any time actually worked on that day or shift.

11.8 A part-time daily hire employee will receive for the hours worked, on a pro rata basis, equivalent pay and conditions to those of daily hire employees who perform the same work.

11.9 In consideration of the rights conferred, a daily hire employee or a part-time daily hire employee will attend and offer for employment at the normal or other place specified by the employer at the usual starting time on each ordinary day unless notified on a particular day they are not required to attend.

11.10 Daily hire loading

For each day worked, a daily hire employee must be paid:

(a) the daily rate of 20% of the minimum weekly rate; and

(b) a loading of 10% of the daily rate,

for the classification in which they are employed.

[11.11 inserted by PR733854 from 27Sep21]

11.11 If a daily hire employee falls within the definition of ‘casual employee’ in clause 2, the employee shall have an entitlement under this award to the following NES benefits as if the employee was not a casual employee:

(a) Annual leave as provided for in Division 6 of Part 2-2 of the Act (despite clause 25.1 of this award);

(b) Paid personal/carer’s leave as provided for in Subdivision A of Division 7 of Part 2-2 of the Act;

(c) Public holidays as provided for in Division 10 of Part 2-2 of the Act; and

(d) Redundancy pay as provided for in Subdivision B of Division 11 of Part 2-2 of the Act.

16. Minimum rates

[Varied by PR720159, PR718877, PR729317, PR733854, PR740742, PR762168, PR773945, PR786597, PR799339]

16.1 Adult rates

[16.1 varied by PR718877, PR729317, PR740742, PR762168, PR773945, PR786597, PR799339 ppc 01Jul26]

An employer must pay adult employees the following minimum rates for ordinary hours worked by the employee:

Employee classification | Minimum weekly rate(full-time employee) | Minimum hourly rate

| $ | $

MI 1 | 978.10 | 25.74

MI 2 | 1004.90 | 26.44

MI 3 | 1010.90 | 26.60

MI 4 | 1034.60 | 27.23

MI 5 | 1052.90 | 27.71

MI 6 | 1074.50 | 28.28

MI 7 | 1119.10 | 29.45

MI 8 | 1160.20 | 30.53

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay including overtime and penalty rates.

16.2 Junior rates

(a) Junior employees will be paid the percentage of the applicable adult weekly rate (or in the case of part-time or casual employees, the hourly rate) for their classification as follows:

Age | % of adult rate

Under 17 years | 50

17 years | 60

18 years | 75

19 years | 85

16.3 Apprentice rates

(a) Minimum rates for apprentices

(i) The minimum award rates for apprentices completing a 4 stage or year apprenticeship and who commenced before 1 January 2014 are the following percentages of the minimum weekly rate of MI 7:

Stage or year of apprenticeship | % of MI 7

1 | 50

2 | 60

3 | 85

4 | 95

(ii) The minimum award rates for apprentices completing a 4 stage or year apprenticeship and who commenced on or after 1 January 2014 are the following percentages of the minimum weekly rate of MI 7:

Stage or year of apprenticeship | % of MI 7 for apprentices who have not completed year 12 | % of MI 7 for apprentices who have completed year 12

1 | 50 | 55

2 | 60 | 65

3 | 85 | 85

4 | 95 | 95

16.4 Adult apprentice rates

(a) The minimum award rates for adult apprentices who commenced on or after 1 January 2014 and are in the first stage or year of their apprenticeship must be 80% of the minimum rate for MI 7, or the rate prescribed by clause 16.3(a) for the relevant year of the apprenticeship, whichever is greater.

(b) The minimum award rates for adult apprentices who commenced on or after 1 January 2014 and are in the second and subsequent stages or years of their apprenticeship must be the rate for the lowest adult classification in clause 16.1, or the rate prescribed by clause 16.3(a) for the relevant year of the apprenticeship, whichever is greater.

[16.4(c) varied by PR733854 from 27Sep21]

(c) A person employed by an employer under this award immediately prior to entering into a training agreement as an adult apprentice with that employer must not suffer a reduction in their minimum wage by virtue of entering into the training agreement, provided that the person has been an employee in that enterprise for at least 6 months as a full-time employee or 12 months as a part-time or regular casual employee immediately prior to commencing the apprenticeship. For the purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum wage that applies to the classification specified in clause 16.1 in which the adult apprentice was engaged immediately prior to entering into the training agreement.

16.5 Apprentice conditions of employment

(a) The terms of this award apply to apprentices in the meat industry except where otherwise stated. Apprentices may be engaged in trades or occupations that are defined and provided for in Schedule A—Classification Definitions where such trades or occupations are declared or recognised by an apprenticeship authority. There is no such declaration or recognition for a trade qualified Slaughterer as defined.

(b) For the purposes of clause 16.5 herein, apprenticeship authority means a State or Territory training authority with the responsibility for the apprenticeship.

(c) In any State in which any statute or regulation relating to apprentices is in force, that statute and regulation will operate in that State provided that the provisions of the statute or regulation are not inconsistent with this award in which case the provisions of this award will apply.

(d) An apprentice may be engaged under a training agreement approved by the relevant apprenticeship authority, provided the qualification outcome specified in the training agreement is consistent with that established for the vocation in the training package.

(e) Apprenticeships under this award are competency based. The actual time taken to complete an apprenticeship will therefore vary depending upon factors such as the intensity of training and the variety of work experience and any additional requirements set out in this award.

(f) The nominal period of the apprenticeship is up to 4 years, however this period may be varied as follows:

(i) to make up for lost time as set out in clause 16.5(q); and/or

(ii) with the approval of the relevant State or Territory apprenticeship authority, to recognise prior learning including vocational education and training in school, pre-apprenticeship programs and other prior learning, the nominal period may be shortened to reflect the proportion of the competencies already acquired; and/or

(iii) it may be extended by up to 6 months in Stage 3 and 12 months in Stage 4 in the apprenticeship where required to complete the competencies.

(g) Notwithstanding the nominal period, the apprenticeship may be completed in a shorter period when:

(i) the qualification specified in the training agreement is successfully completed; and

(ii) the apprentice has the necessary practical experience to achieve competency in the skills covered by the training agreement, provided that the determination as to whether this condition has been met must be by agreement between the registered training organisation, the employer and the apprentice and where there is a disagreement concerning this matter the matter may be referred to the relevant state/territory apprenticeship authority for determination; and

(iii) the requirements of the relevant state/territory apprenticeship authority with respect to demonstration of competency and any minimum necessary work experience requirements are met; and

(iv) with respect to trades where there are additional licensing or regulatory requirements under State legislation or this award, when these requirements are met.

(h) An apprenticeship may be cancelled or suspended only in accordance with the requirements of the training agreement and the requirements of State legislation and the apprenticeship authority.

(i) The probationary period of an apprentice is as set out in the training agreement or contract of apprenticeship consistent with the requirement of the apprenticeship authority and with State legislation but must not exceed 3 months.

(j) Time spent by an apprentice in attending any training and/or assessment specified in, or associated with, the training contract is to be regarded as time worked for the employer for the purposes of calculating the apprentice’s wages and determining the apprentice’s employment conditions. Clause 16.5 operates subject to the provisions of Schedule D—School-based Apprenticeships.

(k) No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times which would prevent their attendance at training consistent with their training contract.

(l) The ordinary hours of employment of apprentices in each enterprise are not to exceed those of the relevant tradesperson.

(m) The minimum rates applying to apprentices under this award are dealt with in clauses 16.3 and 16.4 and no apprentice is to work under a system of payment by results.

(n) An apprentice is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages for any training and assessment specified in, or associated with, the training contract.

(o) The nominal period of the apprenticeship is extended by an additional day for each day of absence during each year of the apprenticeship, except in respect of absences due to annual leave or long service leave.

(p) Periods of paid personal/carer leave which total ten or less days in any apprenticeship year do not extend the nominal period of the apprenticeship.

(q) Except where the apprentice meets the competency requirements to progress to the next stage as set out in clause 16.9 the following year of their apprenticeship does not commence until the additional days have been worked. However, any time that has been worked by the apprentice in excess of their ordinary hours must be credited to the apprentice when calculating the amount of additional time that needs to be worked in the relevant year.

16.6 Payment of Travel Costs, Fees and Text Books

(a) Where an apprentice is required to attend block release training for training identified in or associated with their training contract, and such training requires an overnight stay, the employer must pay for the excess reasonable travel costs incurred by the apprentice in the course of travelling to and from such training. Provided that clause 16.6 will not apply where the apprentice could attend an alternative Registered Training Organisation (RTO) and the use of the more distant RTO is not agreed between the employer and the apprentice.

(b) For the purposes of clause 16.6(a) excess reasonable travel costs include the total costs of reasonable transportation (including transportation of tools where required), accommodation costs incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including meals, which exceed those incurred in travelling to and from work. For the purposes of clause 16.6, excess travel costs do not include payment for travelling time or expenses incurred while not travelling to and from block release training.

(c) The amount payable by an employer under clause 16.6(a) may be reduced by an amount the apprentice is eligible to receive for travel costs to attend block release training under a Government apprentice assistance scheme. This will only apply if an apprentice has either received such assistance or their employer has advised them in writing of the availability of such assistance.

(d) All training fees charged by an RTO for prescribed courses and the cost of all prescribed textbooks (excluding those textbooks which are available in the employer’s technical library) for the apprenticeship, which are paid by an apprentice, shall be reimbursed by the employer within 6 months of the commencement of the apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the commencement of the training provided by the RTO, whichever is the later, unless there is unsatisfactory progress.

(e) An employer may meet its obligations under clause 16.6(d) by paying any fees and/or cost of textbooks directly to the RTO.

16.7 Competency based progression

(a) For the purpose of competency based wage progression in clauses 16.3 and 16.4 an apprentice will be paid at the relevant wage rate for the next stage of their apprenticeship if:

(i) competency has been achieved in the relevant proportion of the total units of competency specified in clause 16.9 for that stage of the apprenticeship. The units of competency which are included in the relevant proportion must be consistent with any requirements in the training plan; and

(ii) any requirements of the relevant State/Territory apprenticeship authority and any additional requirements of the relevant training package with respect to the demonstration of competency and any minimum necessary work experience requirements are met; and

(iii) either:

 the Registered Training Organisation (RTO), the employer and the apprentice agree that the abovementioned requirements have been met; or

 the employer has been provided with written advice that the RTO has assessed that the apprentice meets the abovementioned requirements in respect to all the relevant units of competency and the employer has not advised the RTO and the apprentice of any disagreement with that assessment within 21 days of receipt of the advice.

(b) If the employer disagrees with the assessment of the RTO referred to in the second dot point in clause 16.7(a)(iii) above, and the dispute cannot be resolved by agreement between the RTO, the employer and the apprentice, the matter may be referred to the relevant State/Territory apprenticeship authority for determination. If the matter is not capable of being dealt with by such authority it may be dealt with in accordance with the dispute resolution clause in this award. For the avoidance of doubt, disputes concerning other apprenticeship progression provisions of this award may be dealt with in accordance with the dispute resolution clause.

(c) For the purposes of clause 16.7, the training package containing the qualification specified in the contract of training for the apprenticeship sets out the assessment requirements for the attainment of the units of competency that make up the qualification. The definition of “competency” utilised for the purpose of the training packages and for the purpose of clause 16.7 is the consistent application of knowledge and skill to the standard of performance required in the workplace. It embodies the ability to transfer and apply skills and knowledge to new situations and environments.

(d) The apprentice will be paid the wage rate referred to in clause 16.7(a) from the first full pay period to commence on or after the date on which an agreement or determination is reached in accordance with clause 16.7(a)(iii) or on a date as determined under the dispute resolution process in clause 16.7(b).

16.8 Minimum wages

The minimum wages for an apprentice are as set out in the following table, provided that progression through the stages set out in this table is in accordance with clause 16.9.

Stage of apprenticeship | % of MI7 for apprentices who have not completed year 12 | % of MI7 for apprentices who have completed year 12

Stage 1 | 50 | 55

Stage 2 | 60 | 65

Stage 3 | 85 | 85

Stage 4 | 95 | 95

16.9 Conditions for progression through each stage

The conditions for progression to each stage are set out in the following table:

Stage of apprenticeship entry, exit and progression requirements

Stage 1

Entry

Nil entry requirements

Exit

There is no exit point at this stage

Stage 2

Entry

An apprentice enters Stage 2:

 on attainment of 25% of the total competency points for the relevant AQF Certificate III qualification specified in the training plan; or

 12 months after commencing the apprenticeship, subject to clause 16.5(o);

whichever is earlier.

Exit

There is no exit point at this stage

Stage 3

Entry

An apprentice enters Stage 3:

 on attainment of 50% of the total competency points for the relevant AQF Certificate III qualification specified in the training plan; or

 12 months after commencing Stage 2, subject to clause 16.5(o);

whichever is earlier.

Exit

There is no exit point at this stage

Stage 4

Entry

An apprentice enters Stage 4:

 on attainment of 75% of the total competency points for the relevant AQF Certificate III qualification specified in the training plan; or

 12 months after commencing Stage 3, subject to clause 16.5(o);

whichever is earlier.

Exit

Upon the attainment of 100% of the total competency points for the relevant AQF Certificate III qualification specified in the training plan and subject to clauses 16.5(e), 16.5(f), 16.5(g) and 16.5(o), an apprentice will exit with the relevant AQF Certificate III qualification.

16.10 Higher duties

(a) An employee required to perform the duties of a position at a higher classification level for 2 hours or longer, must be paid, for all work done on that day or shift, the rate applicable for that higher level.

(b) If the work at the higher classification level is for less than 2 hours, the employee will be paid for 2 hours at the higher rate and the balance of their working time will be paid at the rate of the employee’s ordinary classification.

16.11 National training wage

[16.11(a) varied by PR720159 ppc 18Jun20]

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[16.11(b) varied by PR720159 ppc 18Jun20, PR718877, PR729317, PR740742, PR762168, PR773945, PR786597, PR799339 ppc 01Jul26]

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2026 Provided that any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Meat Industry Award 2020 and not the Miscellaneous Award 2020.

16.12 School based apprentices

For school-based apprentices, see Schedule D—School-based Apprenticeships.

16.13 Supported wage system

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E—Supported Wage System.

25. Annual leave

[Varied by PR751074]

25.1 Annual leave is provided for in the NES. Annual leave does not apply to a casual employee.

25.2 Definition of shiftworker

For the purpose of the additional week of leave provided for in the NES, shiftworker is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays.

25.3 Payment for annual leave

(a) Before the start of an employee’s annual leave, the employer must pay the employee for the employee’s ordinary hours of work:

(i) at the employee’s ordinary time earnings for the hours the employee would have worked during the period; and

(ii) any annual leave loading payable under clause 25.5.

(b) For the purpose of ascertaining ordinary time earnings in clause 25.3(a)(i), the following are not included:

(i) incentive based payments (other than those coming within clause 18—Payment by results

(ii) bonuses;

(iii) loadings (other than the loading for daily hire and part-time daily hire employees as set out in clause 11.10);

(iv) monetary allowances;

(v) overtime;

(vi) penalty payments (other than ordinary hour penalty rates for employees provided for in this award and only if the employee is regularly rostered to work on weekends);

(vii) shiftwork rates; and

(viii) any other separately identifiable amounts.

(c) In the event of an employee being engaged 4 weeks prior to the commencement of leave, or termination of employment, in 2 or more classifications entitling the employee to different rates of pay, the wages to be paid to the employees will be the average of the weekly rates for the classifications in which the employee was engaged.

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).

25.4 Electronic funds transfer (EFT) payment of annual leave

Despite anything else in clause 25, an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

25.5 Annual leave loading

(a) An employee will receive a loading of 17.5% calculated on the employee’s minimum rate of pay set out in clause 16—Minimum rates.

(b) Employees who would have worked shiftwork if they had not been on leave will be paid the greater of:

(i) the relevant shift allowance; or

(ii) the 17.5% loading.

(c) An employee and the employer may agree to defer payment of the annual leave loading in respect of single day absences until at least 5 consecutive annual leave days are taken.

(d) No annual leave loading is due for a period of leave paid out which is less than one year.

25.6 Payment of accrued annual leave on termination of employment

Where an employee leaves or is terminated by the employer during the course of any qualifying 12 month period the employer must pay that employee pro rata wages calculated at the rate of 2.93 hours for each completed week of work. In the case of 7 day shiftworkers, the proportionate payment will be calculated on the basis of 3.66 hours for each completed week of work.

25.7 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 25.7 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 25.7 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 25.7, 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.

25.8 Direction to take annual leave during shutdown

[25.8 renamed and substituted by PR751074 ppc 01May23]

(a) Clause 25.8 applies if an employer:

(i) intends to shut down all or part of its operation for a particular period for the purpose of allowing annual leave to all or the bulk of employees in the plant or sections concerned (temporary shutdown period); and

(ii) wishes to require affected employees to take paid annual leave during that period.

(b) The employer must, where possible, give the affected employees, 3 months’ written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(c) The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 25.8(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.

(d) The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e) A direction by the employer under clause 25.8(d):

(i) must be in writing; and

(ii) must be reasonable.

(f) The employee must take paid annual leave in accordance with a direction under clause 25.8(d).

(g) In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 25.8(d), an employer and an employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown period.

(h) An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 25.7.

(i) In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 25.7, to which an entitlement has not been accrued, is to be taken into account.

(j) Clauses 25.10 to 25.12 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 25.8.

25.9 Cashing out of annual leave

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 25.9.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 25.9.

(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 25.9 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 25.9 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 25.9 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 25.9.

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 25.9.

NOTE 3: An example of the type of agreement required by clause 25.9 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.

25.10 Excessive leave accruals: general provision

NOTE: Clauses 25.10 to 25.12 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 (or 10 weeks’ paid annual leave for a shiftworker, as defined by clause 25.2.

(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 25.11 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 25.12 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

25.11 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 25.10(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 25.11(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 25.10, 25.11 or 25.12 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 25.11(a) that is in effect.

(d) An employee to whom a direction has been given under clause 25.11(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 25.11(d) may result in the direction ceasing to have effect. See clause 25.11(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.

25.12 Excessive leave accruals: request by employee for leave

(a) If an employee has genuinely tried to reach agreement with an employer under clause 25.10(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 25.12(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 25.11(a) that, when any other paid annual leave arrangements (whether made under clause 25.10, 25.11 or 25.12 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 25.12(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 25.10, 25.11 or 25.12 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 25.12(a) more than 4 weeks’ paid annual leave (or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 25.2) in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under clause 25.12(a).

31. Public holidays

[Varied by PR747370]

31.1 Public holidays are provided for in the NES.

31.2 Substitution of public holidays

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

31.3 Payment for work on public holidays

Employees including casuals who work on:

(a) Christmas Day and Anzac Day will be paid at 200% of the minimum hourly rate for all time worked;

(b) Good Friday will be paid for all time worked at the rate of 150% for the first 4 hours and 200% thereafter based on the minimum hourly rate; and

(c) any other public holiday will be paid at 150% for the first 2 hours and 200% thereafter based on the minimum hourly rate.

For all employees other than casuals, the above payments will be in addition to the minimum weekly, daily or hourly rate of pay as appropriate, calculated by reference to the minimum hourly rate.

31.4 Time off instead of public holiday rates

Notwithstanding any other provision of clause 31, when an employee agrees to work on a public holiday which is part of their ordinary working week, they will be paid at the rate prescribed by clause 31.3 for the particular holiday, or by agreement between the employee and employer they may be paid the appropriate minimum rate and given equivalent ordinary time off instead within 28 days of the holiday occurring unless other arrangements are agreed to by the employer and employee.

[31.5 deleted by PR747370 ppc14Nov22]

Part 7—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774771 from 01Jul24]

36. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119 to 123 of the Act.

36.1 Transfer to lower paid duties on redundancy

(a) Clause 36.1 applies if, because of redundancy, an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer; or

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer, provided that the employer pays the employee as set out in clause 36.1(c).

(c) If the employer acts as mentioned in clause 36.1(b)(ii), the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role, and the ordinary rate of pay (also inclusive of all-purpose allowances, shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

36.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 36 or under sections 119 to 123 of the Act had they remained in employment until the expiry of the notice.

(c) However, the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

36.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy, the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under clause 36.3(a), the employee must, at the request of the employer, produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of clause 36.3(b).

(d) An employee who fails to produce proof when required under clause 36.3(b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clause 35.2.