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Common award conditions & entitlements

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The following are a guide only to common employment conditions found in most awards. A particular question about conditions under a specific award can only be answered by referring to the relevant award that applies to your work situation.

Wages

The wage clause in an award specifies the minimum wage that must be paid for each classification or grade of employee covered by the award. Each employee must receive this amount as a minimum.

Sometimes the actual minimum weekly pay consists of a normal award wage plus compulsory additional allowances such as industry allowances or tool allowances. There are often additional rates to be paid for very specific circumstances such as working in the wet or dealing with toxic substances.

Wages may be based on type of work performed, experience, qualifications or even the age of the employee (e.g. juniors). Rates are usually expressed as weekly amounts with a method of calculation provided to calculate casual and part-time hourly rates.

Junior employees are sometimes paid a percentage of the adult rate, depending on their age. Other awards set a specific rate of pay, depending on the age of the junior employee.

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Employment status

Employees can fall under a range of categories of employment.  Each has a different set of obligations for the employee, the employer, and the other workers in the workplace. It’s important to clearly distinguish if workers are employees or independent contractors, so that you can properly determine the wages and other employment conditions to that individual. For further information refer to our terms of engagement resource page.

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Hours of work

Each award states the maximum number of hours and days an employee can work without receiving any extra payment such as overtime. These hours are called ordinary hours. The award specifies the earliest starting time and the latest finishing time for ordinary hours. Hours worked outside these limits, or more than the maximum daily or weekly limits, must be paid as overtime.

Depending on the award the weekly total will usually be 38 or 40 hours. The days on which these hours may be worked (e.g. Monday to Friday), a daily total (e.g. 10 hours maximum) and the times of the day within which they may be worked (e.g. between 6.00 am and 6.00 pm) are also commonly prescribed. Increasingly, common in awards is a provision that allows for the averaging of the weekly hours over a 2, 3 or 4 week cycle.

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Meal breaks and rest pauses

Meal Breaks are usually somewhere between 30 and 60 minutes each day. The meal break is normally given five hours after the employee starts work. Normally the main meal break is taken in the employee's own time. It is not a paid break.

Some awards provide for a 10 minute rest pause (tea break) either in the morning or afternoon, or both. In other cases, the award may not provide for any rest period at all in which case the granting of such breaks is largely at the employer's discretion. These rest pauses or tea breaks normally count as time worked.

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Overtime and penalty rates

Overtime is an extra payment for work performed outside the normal spread of ordinary hours. It is commonly time and a-half (an extra 50%) for the first two or three hours and double time (an extra 100%) thereafter.

Penalty Rates may be paid for ordinary hours worked late or on weekends (e.g. 25% loading for working during late night trading).

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Allowances

An allowance is a condition of employment and a provision for payment in excess of the standard minimum rate of pay. Allowances are commonly expressed as either per hour, per day, or per week. An allowance may pertain to:

A meal allowance is also payable if the employee is required to work more than one or two hours after their normal finishing time or after a particular time (e.g. after 6pm ). The meal allowance may not be payable if advance notice is given the day before the overtime is worked or if the employer provides a suitable meal. Normally, the employees should have a break of about ten hours after finishing overtime before being required to recommence ordinary hours.

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Leave entitlements

Generally most employees (except 'some' casual employees, pieceworkers and school -based apprentices and trainees) are entitled to the following leave entitlements. These leave entitlements may vary depending on whether the employee is full-time, part-time or a casual employee.

Annual leave
For each completed year of employment employees are entitled to 4 weeks paid annual leave. (Five weeks paid annual leave for shift workers - as defined). An additional 17.5% leave loading applies only to employees covered by awards or agreements.

Sick leave
Employees are entitled to 8 days paid sick leave per year, accruing at the rate of 1 day for each completed 6 weeks service.

Long service leave
Long service leave is on the basis of 8.6667 weeks leave after 10 years service.

Parental leave
Parental leave is usually unpaid leave available when an employee becomes pregnant or adopts a child.

Carer’s leave
Employees can use up to 10 days paid sick leave per year (i.e. carer's leave) to care for and support members of their immediate family, or household, who are ill.

Bereavement leave
Employees can us at least 2 days paid bereavement leave on the death of a member of their immediate family, or household.

Public holidays
There are ten standard public holidays each year. In addition, the Department of Employment and Industrial Relations may declare special and show holidays from time to time.

Work performed on public holidays is usually paid at double-time and one-half (an extra 150%) with a minimum payment of four hours' work. Employees engaged on a weekly basis whose ordinary hours of work coincide with a public holiday are entitled to the day off without loss of pay.

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Other common award provisions

Other common award provisions may include jury service and superannuation.

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