2. Definitions

[Varied by PR733892, PR774786, PR777307, PR795698]

In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth).

adult employee means an employee 18 years of age and over.

afternoon shift means a shift of ordinary hours finishing at or after 5.00 pm or, where the ordinary hours are extended by agreement, 6.00 pm and at or before midnight.

all purposes means the payment will be 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 (see clause 17.2(a)).

[Definition of casual employee inserted by PR733892 from 27Sep21; varied by PR777307 from 27Aug24]

casual employee has the meaning given by section 15A of the Act.

NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

early morning shift means a shift of ordinary hours commencing at or after 2.00 am and before 4.00 am.

employee means national system employee within the meaning of the Act.

[Definition of employee organisation inserted by PR774786; substituted retrospectively by PR795698 ppc 01Jul24]

employee organisation has the meaning given by section 12 of the Act.

employer means national system employer within the meaning of the Act.

[Definition of enterprise inserted by PR774786 from 01Jul24]

enterprise has the meaning given by section 12 of the Act.

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

leading hand means an employee who is given by the employer, or their agent, the responsibility for directing and/or supervising the work of other persons.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

night shift means a shift finishing after midnight and at or before 8.00 am.

on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client.

ordinary hourly rate means the hourly rate for the employee’s classification specified in clause 15—Minimum rates, plus any allowances specified as being included in the employee’s ordinary hourly rate or payable for all purposes.

permanent night shift employee is an employee who:

(a) works night shift only; or

(b) stays on night shift for a longer period than 4 consecutive weeks; or

(c) works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at least one third of their working time off night shift in each shift cycle.

poultry processing industry has the meaning given in clause 4.2.

[Definition of small business employer inserted by PR774786 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

standard rate means the minimum hourly rate for the Level 2 classification in clause 15.1.

[Definition of workplace delegate inserted by PR774786 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

11. Casual employees

[Varied by PR723953, PR733892, PR777307]

[11.1 deleted by PR733892 from 27Sep21]

[11.2 renumbered as 11.1 by PR733892 from 27Sep21]

11.1 For each engagement, a casual employee must be paid for a minimum of 3 hours.

11.2 Casual loading

[11.3 substituted by PR723953 ppc 20Nov20; 11.3 renumbered as 11.2 by PR733892 from 27Sep21]

(a) For each ordinary hour worked, a casual employee must be paid:

(i) the ordinary hourly rate for the classification in which they are employed; and

(ii) a loading of 25% of the ordinary hourly rate.

(b) Where any other penalty is paid for working ordinary hours the calculation of such penalty must be based on the minimum hourly rate for the classification.

(c) The casual loading is not paid for overtime or time worked on Saturday, Sunday or a public holiday.

11.3 Changes to casual employment status

[11.4 renumbered as 11.3 and renamed and substituted by PR733892 from 27Sep21; renamed and substituted by PR777307 from 27Aug24]

A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.

NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 29—Dispute resolution.