20. Penalty rates

[Varied by PR747390]

20.1 Definitions

For the purposes of this award:

(a) Early morning shift means a shift of ordinary hours commencing at or after 2.00 am and before 4.00 am; and

(b) 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; and

(c) Night shift means a shift finishing after midnight and at or before 8.00 am; and

(d) Permanent night shift employee is an employee who:

(i) works night shift only; or

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

(iii) 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.

20.2 An employee will be paid the following rates for all ordinary hours worked during the following periods.

Ordinary hours worked on: | % ordinary hourly rate

Monday to Friday—shiftworkers |

Early morning shift | 110

Afternoon shift or night shift | 115

Permanent night shift | 125

Weekend work—all employees (including shiftworkers) |

Saturday | 150

Sunday | 175

Public holiday | 250

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

20.3 A shiftworker who is required to work on a public holiday must be paid for a minimum of 4 hours.

[New 20.4 inserted by PR747390 ppc 14Nov22]

20.4 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 20.3.

[20.4 renumbered as 20.5 by PR747390 ppc 14Nov22]

20.5 A shiftworker who is required and works overtime must be paid overtime in accordance with clause 19—Overtime.

Part 6—Leave, Public Holidays

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.

17. Allowances

[Varied by PR718892, PR719045, PR729333, PR729518, PR740758, PR740924, PR762183, PR762350, PR773961, PR774129, PR786612, PR786782, PR799354, PR799510]

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.

17.1 Employers must pay to an employee the allowances the employee is entitled to under clause 17.

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

17.2 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, loadings or payment while they are on annual leave. The following allowance is paid for all purposes under this award:

(i) Leading hand allowance (clause 17.2(b)).

(b) Leading hand allowance

[17.2(b)(i) varied by PR718892, PR729333, PR740758, PR762183, PR773961, PR786612, PR799354 ppc 01Jul26]

(i) A leading hand in charge of one or more employees must be paid, in addition to the minimum wage for the highest classification supervised, or their own minimum wage, whichever is higher, the following:

In charge of | $ per week

1 to 19 employees | 40.96

20 employees or more | 68.45

(ii) The leading hand allowance applies for all purposes of this award.

(c) Cold work allowance

[17.2(c) varied by PR718892, PR729333, PR740758, PR762183, PR773961, PR786612, PR799354 ppc 01Jul26]

A cold work allowance is payable to an employee working for more than one hour in a place where the temperature is reduced by artificial means as follows:

Temperature | $ per hour or part thereof

From -15.6°C to -18.0°C | 1.00

-18.0°C to -23.3°C | 1.75

Less than -23.3°C | 2.75

(d) First aid allowance

[17.2(d) varied by PR718892, PR729333, PR740758, PR762183, PR773961, PR786612, PR799354 ppc 01Jul26]

A first aid allowance of $22.42 per week is payable to an employee who has been trained to provide first aid and holds an appropriate first aid qualification such as a certificate from St John Ambulance or similar body if appointed by the employer to perform first aid duty.

17.3 Expense-related allowances

(a) Meal allowance

[17.3(a) varied by PR719045, PR729518, PR740924, PR762350, PR774129, PR786782, PR799510 ppc 01Jul26]

A meal allowance of $19.14 is payable to an employee who works at least one and a half hours’ overtime after working ordinary hours, except where a meal is provided by the employer.

(b) Vehicle allowance

[17.3(b) varied by PR729518, PR740924, PR762350, PR774129, PR799510 ppc 01Jul26]

A vehicle allowance of $1.00 per kilometre is payable to an employee who is required to use their own vehicle to travel from one place to another during working time.

17.4 The allowances in clauses 17.2(c) to 17.2(d) and 17.3 are not subject to any premium or penalty additions.

19. Overtime

[Varied by PR723953, PR747390, PR763279]

19.1 Definition of overtime

Overtime is any work done outside ordinary hours as provided in clause 13—Ordinary hours of work.

19.2 Overtime rates

Where an employee works overtime the employer must pay to the employee the overtime rates as follows:

For overtime worked on | Overtime rate% of ordinary hourly rate

Monday to Saturday—first 3 hours | 150

Monday to Saturday—after 3 hours | 200

Sunday—all day | 200

Public holiday—all day | 250

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

19.3 For the purposes of calculating overtime payments, each day will stand alone.

19.4 Minimum payment periods—overtime

The following minimum payment periods apply in relation to overtime:

(a) An employee required to work overtime on a Saturday must be paid for a minimum of 3 hours;

(b) An employee required to work overtime on a Sunday or public holiday must be paid for a minimum of 4 hours.

[19.4(c) inserted by PR747390 ppc 14Nov22]

(c) 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 19.4(b).

[19.5 substituted by PR723953 ppc 20Nov20]

19.5 The casual loading prescribed by clause 11.2(a)(ii) will not be paid for overtime hours worked.

19.6 Call back

(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 3 hours at the overtime rates each time the employee is called back.

(b) Clause 19.6(a) does not apply where it is customary for an employee to return to the employer’s premises to perform a specific job outside the employee’s ordinary hours or where the overtime is continuous, subject to a reasonable meal break, with the completion or commencement of ordinary hours.

19.7 Rest period after overtime

(a) When overtime work is necessary it must, wherever reasonably practicable, be arranged so that an employee has at least 10 consecutive hours off duty between the work of successive working days.

(b) An employee, other than a casual employee, who works so much overtime between the termination of their ordinary hours on one day and the commencement of their ordinary hours on the next day that the employee has not had at least 10 consecutive hours off duty between those times must, subject to the other provisions of clause 19.7, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during such absence.

(c) If on the instructions of the employer, an employee resumes or continues work without having had the 10 consecutive hours off duty the employee must be paid at 200% of the ordinary hourly rate until the employee is released from duty for such period. The employee is then entitled to be absent until the employee has had 10 consecutive hours off duty without loss of pay for ordinary hours occurring during the absence.

(d) The provisions of clause 19.7 apply in the case of a shiftworker as if 8 hours were substituted for 10 hours when overtime is worked:

(i) for the purpose of changing shift rosters; or

(ii) where a shiftworker does not report for duty and a day worker or a shiftworker is required to replace the shiftworker; or

(iii) where a shift is worked by arrangement between the employees themselves.

19.8 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 a particular amount of overtime that has been worked by the employee.

(b) Any amount of overtime that has been worked by an employee in a particular pay period and that is to be taken as time off instead of the employee being paid for it must be the subject of a separate agreement under clause 19.8.

(c) An agreement must state each of the following:

(i) the number of overtime hours to which it applies and when those hours were worked;

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

(iii) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked;

(iv) that any payment mentioned in clause 19.8(c)(iii) must be made in the next pay period following the request.

NOTE: An example of the type of agreement required by clause 19.8 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 19.8 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 19.8 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 the employee requests at any time, to be paid for overtime covered by an agreement under clause 19.8 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.

(g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 19.8(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.

(h) The employer must keep a copy of any agreement under clause 19.8 as an employee record.

(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 19.8 will apply, including the requirement for separate written agreements under clause 19.8(b) for overtime that has been worked.

[Note varied by PR763279 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 19.8 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 19.8.

Schedule B—Summary of Hourly Rates of Pay

[Varied by PR718892, PR729333, PR740758, PR762183, PR773961, PR786612, PR799354]

B.1 Ordinary hourly rate

B.1.1 Ordinary hourly rate is the minimum hourly rate of pay for an employee plus any allowance payable for all purposes to which the employee is entitled. Where an allowance is payable for all purposes in accordance with clause 17.2(b) this forms part of the employee’s ordinary hourly rate and must be added to the ordinary hourly rate prior to calculating penalties and overtime.

B.1.2 The rates in the tables below are based on the minimum hourly rates in accordance with 15.1. Consistent with clause B.1.1, all-purpose allowances need to be added to the rates in the table where they are applicable.

B.2 Full-time and part-time employees

B.2.1 Full-time and part-time employees other than shiftworkers—ordinary and penalty rates

[B.2.1 varied by PR718892, PR729333, PR740758, PR762183, PR773961, PR786612, PR799354 ppc 01Jul26]

| Ordinary hours | Saturday1 | Sunday1 | Public holiday

| % of ordinary hourly rate2

| 100% | 150% | 175% | 250%

| $ | $ | $ | $

Level 1 | 26.25 | 39.38 | 45.94 | 65.63

Level 2 | 26.95 | 40.43 | 47.16 | 67.38

Level 3 | 27.31 | 40.97 | 47.79 | 68.28

Level 4 | 27.66 | 41.49 | 48.41 | 69.15

Level 5 | 28.01 | 42.02 | 49.02 | 70.03

Level 6 | 28.73 | 43.10 | 50.28 | 71.83

1 Ordinary hours may be worked on Saturday and Sunday, by agreement, in accordance with clause 13.2.

2 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.2.2 Full-time and part-time employees other than shiftworkers—overtime rates

[B.2.2 varied by PR718892, PR729333, PR740758, PR762183, PR773961, PR786612, PR799354 ppc 01Jul26]

| Monday to Saturday | Sunday | Public holiday

| First 3 hours | After 3 hours

| % of ordinary hourly rate1

| 150% | 200% | 200% | 250%

| $ | $ | $ | $

Level 1 | 39.38 | 52.50 | 52.50 | 65.63

Level 2 | 40.43 | 53.90 | 53.90 | 67.38

Level 3 | 40.97 | 54.62 | 54.62 | 68.28

Level 4 | 41.49 | 55.32 | 55.32 | 69.15

Level 5 | 42.02 | 56.02 | 56.02 | 70.03

Level 6 | 43.10 | 57.46 | 57.46 | 71.83

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.2.3 Shiftworkers—ordinary and penalty rates

[B.2.3 varied by PR718892, PR729333, PR740758, PR762183, PR773961, PR786612, PR799354 ppc 01Jul26]

| Early morning | Afternoon & night | Permanent night | Saturday | Sunday | Public holiday

| % of ordinary hourly rate1

| 110% | 115% | 125% | 150% | 175% | 250%

| $ | $ | $ | $ | $ | $

Level 1 | 28.88 | 30.19 | 32.81 | 39.38 | 45.94 | 65.63

Level 2 | 29.65 | 30.99 | 33.69 | 40.43 | 47.16 | 67.38

Level 3 | 30.04 | 31.41 | 34.14 | 40.97 | 47.79 | 68.28

Level 4 | 30.43 | 31.81 | 34.58 | 41.49 | 48.41 | 69.15

Level 5 | 30.81 | 32.21 | 35.01 | 42.02 | 49.02 | 70.03

Level 6 | 31.60 | 33.04 | 35.91 | 43.10 | 50.28 | 71.83

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.2.4 Shiftworkers—overtime rates

[B.2.4 varied by PR718892, PR729333, PR740758, PR762183, PR773961, PR786612, PR799354 ppc 01Jul26]

| Monday to Saturday | Sunday | Public holiday

| First 3 hours | After 3 hours

| % of ordinary hourly rate1

| 150% | 200% | 200% | 250%

| $ | $ | $ | $

Level 1 | 39.38 | 52.50 | 52.50 | 65.63

Level 2 | 40.43 | 53.90 | 53.90 | 67.38

Level 3 | 40.97 | 54.62 | 54.62 | 68.28

Level 4 | 41.49 | 55.32 | 55.32 | 69.15

Level 5 | 42.02 | 56.02 | 56.02 | 70.03

Level 6 | 43.10 | 57.46 | 57.46 | 71.83

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.3 Casual employees

B.3.1 Casual employees—ordinary and penalty rates

[B.3.1 varied by PR718892, PR729333, PR740758, PR762183, PR773961, PR786612, PR799354 ppc 01Jul26]

| Monday - Friday | Saturday | Sunday | Public holiday

| % of ordinary hourly rate1

| 125% | 150% | 175% | 250%

| $ | $ | $ | $

Level 1 | 32.81 | 39.38 | 45.94 | 65.63

Level 2 | 33.69 | 40.43 | 47.16 | 67.38

Level 3 | 34.14 | 40.97 | 47.79 | 68.28

Level 4 | 34.58 | 41.49 | 48.41 | 69.15

Level 5 | 35.01 | 42.02 | 49.02 | 70.03

Level 6 | 35.91 | 43.10 | 50.28 | 71.83

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.

B.3.2 Casual shiftworkers—ordinary and penalty rates

[B.3.2 varied by PR718892, PR729333, PR740758, PR762183, PR773961, PR786612, PR799354 ppc 01Jul26]

| Early morning | Afternoon & night | Permanent night | Saturday | Sunday | Public holiday

| % of ordinary hourly rate1

| 135% | 140% | 150% | 150% | 175% | 250%

| $ | $ | $ | $ | $ | $

Level 1 | 35.44 | 36.75 | 39.38 | 39.38 | 45.94 | 65.63

Level 2 | 36.38 | 37.73 | 40.43 | 40.43 | 47.16 | 67.38

Level 3 | 36.87 | 38.23 | 40.97 | 40.97 | 47.79 | 68.28

Level 4 | 37.34 | 38.72 | 41.49 | 41.49 | 48.41 | 69.15

Level 5 | 37.81 | 39.21 | 42.02 | 42.02 | 49.02 | 70.03

Level 6 | 38.79 | 40.22 | 43.10 | 43.10 | 50.28 | 71.83

1 Rates in table are calculated based on the minimum hourly rate, see clauses B.1.1 and B.1.2.