Dry Cleaning and Laundry ndustry Award 2010 The above award was first made on 4 December 2009 [PR991062] This consolidated version of the award includes variations made on 4 June 2010 [PR997772]; 18 June 2010 [PR998117]; 18 June 2010 [PR997973]; 29 June 2010 [PR998748]; 5 October 2010 [PR502463]; 6 December 2010 [PR503715]; 20 June 2011 [PR509127]; 21 June 2011 [PR509248], 21 June 2011 [PR510670] NOTE: Transitional provisions may apply to certain clauses see clause 2 and Schedule A To determine the transitional amount or loading, go to the version of this modern award in operation prior to 1 July 2010 which does not include: variations to minimum wages resulting from the Annual Wage Review 2009-10; or variations in expense related allowances operative from 1 July 2010. Table of Contents Part 1 Application and Operation... 3 1. Title... 3 2. Commencement and transitional... 3 3. Definitions and interpretation... 4 4. Coverage... 5 5. Access to the award and the National Employment Standards... 6 6. The National Employment Standards and this award... 6 7. Award flexibility... 6 Part 2 Consultation and Dispute Resolution... 7 8. Consultation regarding major workplace change... 7 9. Dispute resolution... 8 Part 3 Types of Employment and Termination of Employment... 9 10. Types of employment... 9 11. Termination of employment... 10 12. Redundancy... 10 Part 4 Minimum Wages and Related Matters... 12 13. Classifications... 12 14. Minimum wages... 12 15. Allowances... 14 16. District allowances... 15 MA000096 1
Dry Cleaning and Laundry ndustry Award 2010 17. Accident pay... 16 18. Higher duties... 17 19. Payment of wages... 17 20. Superannuation... 17 Part 5 Hours of Work and Related Matters... 19 21. Ordinary hours of work and rostering... 19 22. Overtime and penalty rates... 20 23. Shiftwork... 22 24. Breaks... 23 Part 6 Leave and Public Holidays... 23 25. Annual leave... 23 26. Personal/carer s leave and compassionate leave... 24 27. Community service leave... 24 28. Public holidays... 24 Schedule A Transitional Provisions... 25 Schedule B Dry Cleaning Classifications... 30 Schedule C Laundry Classifications... 31 Schedule D School-based Apprentices... 34 Schedule E Supported Wage System... 35 Schedule F National Training Wage... 38 Appendix F1: Allocation of Traineeships to Wage Levels... 45 2 MA000096
Dry Cleaning and Laundry ndustry Award 2010 Part 1 Application and Operation 1. Title This award is the Dry Cleaning and Laundry ndustry Award 2010. 2. Commencement and transitional 2.1 This award commences on 1 January 2010. 2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment. 2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with: minimum wages and piecework rates casual or part-time loadings Saturday, Sunday, public holiday, evening or other penalties shift allowances/penalties. 2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, Fair Work Australia may make any order it considers appropriate to remedy the situation. 2.5 Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award. 2.6 Fair Work Australia may review the transitional arrangements: (d) on its own initiative; or on application by an employer, employee, organisation or outworker entity covered by the modern award; or on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or in relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate. MA000096 3
3. Definitions and interpretation [Varied by PR997772, PR503715] Dry Cleaning and Laundry ndustry Award 2010 3.1 n this award, unless the contrary intention appears: Act means the Fair Work Act 2009 (Cth) agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) [Definition of Division 2B State award inserted by PR503715 ppc 01Jan11] Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) [Definition of Division 2B State employment agreement inserted by PR503715 ppc 01Jan11] Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) dry cleaning and laundry industry means the industry of: dry cleaning, dyeing and/or repairing and/or invisible mending of garments or articles in dry cleaning establishments or their auxiliary receiving depots; and washing, sorting and/or packing of laundry in laundries and laundrettes including the repair of items and preparation of garments for rental; and performing any operation incidental to the activities in clauses 3.1 or of this definition in dry cleaning, laundry or combined dry cleaning/laundry establishments [Definition of employee substituted by PR997772 from 01Jan10] employee means national system employee within the meaning of the Act [Definition of employer substituted by PR997772 from 01Jan10] employer means national system employer within the meaning of the Act enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) foul laundry means laundry that contains human excreta NES means the National Employment Standards as contained in sections 59 to 131 of the Act 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 standard rate means the minimum weekly rate for a Dry cleaning employee Level 5 in clause 14 Minimum wages 4 MA000096
Dry Cleaning and Laundry ndustry Award 2010 transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) 3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies. 4. Coverage 4.1 This industry award covers employers throughout Australia in the dry cleaning and laundry industry and their employees in the classifications listed in Schedule B Dry Cleaning Classifications and Schedule C Laundry Classifications to the exclusion of any other modern award. 4.2 The award does not cover employers covered by the following modern awards: Cleaning Services Award 2010; Clerks Private Sector Award 2010; General Retail ndustry Award 2010; (d) Health Professionals and Support Services Award 2010; (e) Hospitality ndustry (General) Award 2010; or (f) Local Government ndustry Award 2010. 4.3 The award does not cover an employee excluded from award coverage by the Act. 4.4 The award does not cover employees who are covered by a modern enterprise award, or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees. 4.5 The award does not cover employees who are covered by a State reference public sector modern award, or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)), or employers in relation to those employees. 4.6 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award. 4.7 This award covers employers which provide group training services for apprentices and trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those apprentices and trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award. 4.8 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the MA000096 5
Dry Cleaning and Laundry ndustry Award 2010 work performed by the employee and to the environment in which the employee normally performs the work. NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage. 5. Access to the award and the National Employment Standards The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible. 6. The National Employment Standards and this award The NES and this award contain the minimum conditions of employment for employees covered by this award. 7. Award flexibility 7.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning: (d) (e) arrangements for when work is performed; overtime rates; penalty rates; allowances; and leave loading. 7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. 7.3 The agreement between the employer and the individual employee must: be confined to a variation in the application of one or more of the terms listed in clause 7.1; and result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to. 7.4 The agreement between the employer and the individual employee must also: be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee s parent or guardian; 6 MA000096
Dry Cleaning and Laundry ndustry Award 2010 (d) (e) state each term of this award that the employer and the individual employee have agreed to vary; detail how the application of each term has been varied by agreement between the employer and the individual employee; detail how the agreement results in the individual employee being better off overall in relation to the individual employee s terms and conditions of employment; and state the date the agreement commences to operate. 7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record. 7.6 Except as provided in clause 7.4 the agreement must not require the approval or consent of a person other than the employer and the individual employee. 7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal. 7.8 The agreement may be terminated: by the employer or the individual employee giving four weeks notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or at any time, by written agreement between the employer and the individual employee. 7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award. Part 2 Consultation and Dispute Resolution 8. Consultation regarding major workplace change 8.1 Employer to notify Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any. Significant effects include termination of employment; major changes in the composition, operation or size of the employer s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for MA000096 7
Dry Cleaning and Laundry ndustry Award 2010 alteration of any of these matters an alteration is deemed not to have significant effect. 8.2 Employer to discuss change The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes. The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1. For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer s interests. 9. Dispute resolution 9.1 n the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. f such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate. 9.2 f a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to Fair Work Australia. 9.3 The parties may agree on the process to be utilised by Fair Work Australia including mediation, conciliation and consent arbitration. 9.4 Where the matter in dispute remains unresolved, Fair Work Australia may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute. 9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. 9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform. 8 MA000096
Dry Cleaning and Laundry ndustry Award 2010 Part 3 Types of Employment and Termination of Employment 10. Types of employment 10.1 Employees under this award will be employed in one of the following categories: full-time employment; part-time employment; or casual employment. 10.2 At the time of engagement an employer must inform each employee in writing of the terms of their engagement and in particular whether they are to be full-time, part-time or casual. This will then be recorded in the time and wages record of the employee. 10.3 Full-time employment A full-time employee is one who is engaged to work 38 ordinary hours per week. Any employee not specifically engaged as being a part-time or casual employee is for all purposes of this award a full-time employee, unless otherwise specified in the award. 10.4 Part-time employment A part-time employee is an employee who: (i) (ii) is engaged to work less than full-time hours of 38 ordinary hours per week; has reasonably predictable hours of work; and (iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work. (d) (e) (f) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day. Any agreed variation to the hours of work will be in writing. A part-time employee must be engaged for a minimum of three consecutive hours per start including if called in for a separate engagement for overtime. All time worked in excess of the hours agreed under clause 10.4 or varied under clause 10.4 will be overtime and paid for at the rates prescribed in clause 22 Overtime and penalty rates. An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 10.5. MA000096 9
Dry Cleaning and Laundry ndustry Award 2010 (g) A part-time employee under the provisions of this clause must be paid for each ordinary hour worked at the rate of 1/38th of the weekly rate prescribed for the appropriate classification. 10.5 Casual employment (d) (e) Subject to clause 10.4 a casual employee is an employee who is engaged and paid as such. Where a casual employee works in excess of 38 ordinary hours per week overtime will be paid. The employment of a casual employee is terminable with one hour s notice by either the employer or the employee. A casual employee must be paid an hourly rate of 1/38th of the weekly rate prescribed for the appropriate classification plus a loading of 25% for all hours worked. The casual loading is paid instead of annual leave, paid personal/carer s leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment provided for in this award. A casual employee must be paid for a minimum of three hours per day for each start on any day. 11. Termination of employment 11.1 Notice of termination is provided for in the NES. 11.2 Notice of termination by an employee The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. f an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee. 11.3 Job search entitlement Where an employer has given notice of termination to an employee, an employee must be allowed up to one day s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer. 12. Redundancy [Varied by PR503715] 12.1 Redundancy pay is provided for in the NES. 10 MA000096
12.2 Transfer to lower paid duties Dry Cleaning and Laundry ndustry Award 2010 Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing. 12.3 Employee leaving during notice period An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice. 12.4 Job search entitlement An employee given notice of termination in circumstances of redundancy must be allowed up to one day s time off without loss of pay during each week of notice for the purpose of seeking other employment. f the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient. This entitlement applies instead of clause 11.3. 12.5 Transitional provisions NAPSA employees [12.5 varied by PR503715 ppc 01Jan11] Subject to clause 12.5, an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a notional agreement preserving a State award: (i) (ii) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and that would have entitled the employee to redundancy pay in excess of the employee s entitlement to redundancy pay, if any, under the NES. The employee s entitlement to redundancy pay under the notional agreement preserving a State award is limited to the amount of redundancy pay which exceeds the employee s entitlement to redundancy pay, if any, under the NES. This clause does not operate to diminish an employee s entitlement to redundancy pay under any other instrument. (d) Clause 12.5 ceases to operate on 31 December 2014. MA000096 11
Dry Cleaning and Laundry ndustry Award 2010 12.6 Transitional provisions Division 2B State employees [12.6 inserted by PR503715 ppc 01Jan11] Subject to clause 12.6, an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a Division 2B State award: (i) (ii) that would have applied to the employee immediately prior to 1 January 2011, if the employee had at that time been in their current circumstances of employment and no Division 2B State employment agreement or enterprise agreement had applied to the employee; and that would have entitled the employee to redundancy pay in excess of the employee s entitlement to redundancy pay, if any, under the NES. The employee s entitlement to redundancy pay under the Division 2B State award is limited to the amount of redundancy pay which exceeds the employee s entitlement to redundancy pay, if any, under the NES. This clause does not operate to diminish an employee s entitlement to redundancy pay under any other instrument. (d) Clause 12.6 ceases to operate on 31 December 2014. Part 4 Minimum Wages and Related Matters 13. Classifications 13.1 All employees covered by this award must be classified according to the structures set out in Schedule B Dry Cleaning Classifications and Schedule C Laundry Classifications. Employers must advise their employees in writing of their classification and any changes to their classification. 13.2 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer. 14. Minimum wages [Varied by PR997973, PR509127] 14.1 An employer must pay full-time employees weekly wages for ordinary hours (exclusive of penalties and allowances) as follows: Dry cleaning [14.1 varied by PR997973, PR509127 ppc 01Jul11] Classification Minimum weekly rate $ Dry cleaning employee Level 1 589.30 12 MA000096
Dry Cleaning and Laundry ndustry Award 2010 Classification Minimum weekly rate $ Dry cleaning employee Level 2 606.40 Dry cleaning employee Level 3 615.00 Dry cleaning employee Level 4 651.30 Dry cleaning employee Level 5 686.20 Laundry [14.1 varied by PR997973, PR509127 ppc 01Jul11] Classification Minimum weekly rate Laundry employee Level 1 597.70 Laundry employee Level 2 619.00 Laundry employee Level 3 645.10 Laundry employee Level 4 662.40 14.2 Wages of junior employees dry cleaning Junior employees will be paid the following percentage of the appropriate wage rate in clause 14.1: Age % of weekly rate of pay Under 16 years 50 16 years 55 17 years 65 18 years 75 19 years 85 20 years 93 14.3 Wages of junior employees laundry Junior employees will be paid the following percentage of the appropriate wage rate in clause 14.1: Age % of weekly rate of pay 17 years or under 60 18 years 75 19 years 90 20 years 100 14.4 Wages of apprentices $ The following wage rates will apply to apprentices and school-based apprentices. School-based apprentices will be engaged in accordance with Schedule D School-based Apprentices. MA000096 13
Year of apprenticeship Dry Cleaning and Laundry ndustry Award 2010 % of Dry cleaning employee Level 5 1st year First six months 45 Second six months 50 2nd year 60 3rd year First six months 75 Second six months 90 The above percentages will be calculated in multiples of $0.05, amounts of $0.02 and less being taken to the lower multiple and amounts in excess of $0.02 being taken to the higher multiple. An employee who is under 21 years of age at the expiration of their apprenticeship and thereafter works as a minor in a dry cleaning classification will be paid not less than the adult rate of that classification. 14.5 Supported wage system See Schedule E 14.6 National training wage See Schedule F 15. Allowances [Varied by PR998117, PR509248] 15.1 First aid allowance An employee who has been trained to render first aid, who holds a current first aid qualification and who is appointed by the employer to perform first aid duty will be paid an additional 2% of the standard rate per week. 15.2 Meal allowance [15.2 varied by PR998117, PR509248 ppc 01Jul11] An employee required to work overtime for more than one hour after the usual ceasing time on any day will be reimbursed for the purchase of a meal or paid a meal allowance of $8.73. The provisions of this clause will not apply where the employer provides the employee with a meal of equivalent value. Clause 15.2 will not apply where the employee has been notified on the day prior to when they will be required to work overtime. Where an employee has been notified of the overtime and such overtime work is cancelled after the employee has provided a meal, the employee will be allowed the sum of $8.73. 15.3 Protective clothing allowance Where the employer requires an employee to wear waterproof or other protective clothing such as waterproof boots, aprons, or gloves, the employer must reimburse the employee for the cost of purchasing such clothing. The provisions of this clause 14 MA000096
Dry Cleaning and Laundry ndustry Award 2010 do not apply where the protective clothing is supplied to the employee at the employer s expense. n that case the clothing will remain the property of the employer and will be returned by the employee to the employer upon termination in good condition, fair wear and tear excepted. 15.4 Tools of trade allowance An employee will be reimbursed the demonstrated cost of purchase for all tools of trade required in the performance of the employee s duties. The provisions of this clause will not apply where the employer provides such tools of trade. 15.5 Uniform allowances Where the employer requires an employee to wear a uniform the employer must reimburse the employee for the cost of purchasing such uniform. The provisions of this clause do not apply where the uniform is paid for by the employer. Where the employee is responsible for laundering the uniform the employer must reimburse the employee for the demonstrated costs of laundering it. The employer and the employee may agree on an arrangement under which the employee will wash and iron the uniform for an agreed sum of money to be paid by the employer to the employee each week. 15.6 Disability allowance An employee who is required to handle foul laundry will be paid an additional 1.96% of the standard rate per week. 15.7 Adjustment of expense related allowances At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted. The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price ndex (Cat No. 6401.0), as follows: Allowance Meal allowance Applicable Consumer Price ndex figure Take away and fast foods sub-group 16. District allowances 16.1 Northern Territory An employee in the Northern Territory is entitled to payment of a district allowance in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth): that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of MA000096 15
Dry Cleaning and Laundry ndustry Award 2010 employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and that would have entitled the employee to payment of a district allowance. 16.2 Western Australia An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a notional agreement preserving a State award or an award made under the Workplace Relations Act 1996 (Cth): that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument or enterprise agreement had applied to the employee; and that would have entitled the employee to payment of a district allowance. 16.3 This clause ceases to operate on 31 December 2014. 17. Accident pay [Varied by PR503715] [17.1 substituted by PR503715 ppc 01Jan11] 17.1 Subject to clause 17.2, an employee is entitled to accident pay in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, a notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January 2011: if the employee had at that time been in their current circumstances of employment and no agreement-based transitional instrument, enterprise agreement or Division 2B State employment agreement had applied to the employee; and that would have entitled the employee to accident pay in excess of the employee s entitlement to accident pay, if any, under any other instrument. [17.2 substituted by PR503715 ppc 01Jan11] 17.2 The employee s entitlement to accident pay under the award, the notional agreement preserving a State award or the Division 2B State award is limited to the amount of accident pay which exceeds the employee s entitlement to accident pay, if any, under any other instrument. 17.3 This clause does not operate to diminish an employee s entitlement to accident pay under any other instrument. 17.4 This clause ceases to operate on 31 December 2014. 16 MA000096
18. Higher duties Dry Cleaning and Laundry ndustry Award 2010 An employee engaged for more than four hours during one day or shift on duties carrying a higher minimum wage than their ordinary classification must be paid the higher minimum wage for such day or shift. An employee undertaking such duties for four hours or less during one day or shift must be paid the higher minimum wage for the time so worked. 19. Payment of wages 19.1 Wages are to be paid weekly or fortnightly. 19.2 Method of payment By no later than payday, wages must be paid by cash or electronic funds transfer, the latter into the bank or financial institutional account nominated by the employee. 19.3 Termination When notice of termination of employment has been given by an employee or an employee s services have been terminated by an employer, payment of all wages and other money owing to an employee will be made to the employee by no later than the last day of the formal notice period. 20. Superannuation 20.1 Superannuation legislation Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation ndustry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. f an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies. The rights and obligations in these clauses supplement those in superannuation legislation. 20.2 Employer contributions An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee. 20.3 Voluntary employee contributions Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee MA000096 17
Dry Cleaning and Laundry ndustry Award 2010 into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 20.2. An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months written notice to their employer. The employer must pay the amount authorised under clauses 20.3 or no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3 or was made. 20.4 Superannuation fund Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3 or to one of the following superannuation funds or its successor: (d) (e) (f) Asset Super; AustralianSuper; Sunsuper; Tasplan; Westscheme; or any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund. 20.5 Absence from work Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3 or : Paid leave while the employee is on any paid leave; Work-related injury or illness for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that: (i) (ii) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and the employee remains employed by the employer. 18 MA000096
Dry Cleaning and Laundry ndustry Award 2010 Part 5 Hours of Work and Related Matters 21. Ordinary hours of work and rostering [Varied by PR502463] 21.1 Ordinary hours of work dry cleaning workplaces The ordinary hours of work will average 38 hours per week. Ordinary hours may be worked between: (i) (ii) 7.00 am 7.00 pm Monday to Friday; 7.00 am 9.00 pm on a prescribed late shopping night(s) in the particular locality; and (iii) 7.00 am 5.00 pm on Saturday. (d) Where the regular prescribed late night shopping night falls on a public holiday and another night is prescribed the span of hours in clause 21.1(ii) will apply. An employer who requires employees in package plants to work their 38 ordinary hours within four days, Monday to Friday, will inform each affected employee at least seven days prior to the commencement of that working week of the days upon which they are rostered to work and the days on which they are rostered off. 21.2 Ordinary hours of work laundry workplaces The ordinary hours of work will average 38 hours per week. Ordinary hours may be worked Monday to Friday between the spread of hours of 6.00 am to 6.00 pm and may be worked in one of the following arrangements: (i) (ii) 7.6 hours per day; four days of eight hours work and one day of six hours work; or (iii) a roster system averaging 38 hours worked per week over a four week cycle. By agreement the ordinary working hours may be worked as a 19 day four week cycle of eight hours on each day Monday to Friday with 0.4 of an hour per day worked accruing as an entitlement to take a rostered day off in each cycle to be paid for as though worked. Where such a roster system of averaging the hours applies, the weekly wage rate for ordinary hours of work applicable to the employee will be the average weekly wage rate for the employee s classification as set out in clause 14 Minimum wages of this award, even though more or less than 38 hours are worked each week. MA000096 19
Dry Cleaning and Laundry ndustry Award 2010 (d) (e) (f) (g) Where a rostered day off falls on a public holiday, unless an alternative rostered day off is agreed, the next working day will be taken as a rostered day off. Each day of paid leave and any paid public holiday occurring during the roster cycle will be regarded as a day worked for accrual purposes. An employee who has not accrued an entitlement to be paid in full for a rostered day off will be paid their accrued entitlement when taking a rostered day off. Any accrued entitlement to a rostered day off will be paid to an employee on termination. By mutual agreement between the employer and an employee another day may be substituted for a rostered day off but no more than 12 rostered days off may be accrued in each 12 month period. 21.3 Ordinary hours of work shiftworkers in laundry workplaces The ordinary hours of work will be an average of 38 hours per week to be worked in not more than five shifts of not more than 10 hours, Monday to Sunday inclusive, on one of the following bases: (i) (ii) 38 hours within a period not exceeding seven consecutive days; 76 hours within a period not exceeding 14 consecutive days; (iii) 114 hours within a period not exceeding 21 consecutive days; or (iv) 152 hours within a period not exceeding 28 consecutive days. Except at the regular changeover of shifts an employee will not be required to work more than one shift in each 24 hours. 21.4 Rostering [21.4 varied by PR502463 from 01Jan10] The starting and finishing times of each employee (excluding casual employees) will be fixed by the employer. Those times will not be changed, except in a case of emergency or by agreement with the individual employee, unless seven days notice has been given. This includes changes to shift rosters. 22. Overtime and penalty rates 22.1 Overtime All work performed by an employee outside of and/or in excess of their ordinary hours will be paid for at the rate of time and a half for the first three hours and double time thereafter. n computing overtime each day s work will stand alone. 22.2 Time off instead of payment for overtime An employer and an employee may agree that the employee will take time off instead of payment for all or some overtime worked. The agreement will: 20 MA000096
Dry Cleaning and Laundry ndustry Award 2010 (d) provide for the time off to be taken in the normal working hours of the employee; provide for the time off to be taken to be calculated as value time i.e. if an employee works for one hour at time and a half penalty rates, they will be entitled to take one and a half hours off; be in writing; and provide for the time off instead of payment for overtime to be taken within a period of two months of the date on which the overtime is worked. 22.3 Rest period after overtime When overtime work is necessary it will, so far as it is reasonably practicable, be arranged so that employees have at least 10 consecutive hours off duty between the work of successive days or shifts. An employee who works so much overtime between the termination of their ordinary work on one day and the commencement of their ordinary work on the next day that the employee has not had at least 10 consecutive hours off duty between those times will, subject to this clause, be released after completion of the overtime until the employee has had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. f, on the instructions of the employer, an employee resumes or continues work without having had the 10 consecutive hours off duty, the employee will be paid at double time until they are released from duty for such period. The employee is then entitled to be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during the absence. 22.4 Recall to work overtime An employee recalled from home to work after having left the premises of the employer will be paid for all time worked, with a minimum payment of four hours. 22.5 Weekend and public holiday work Saturday work (i) (ii) All ordinary time worked before midday on a Saturday will be paid at the rate of time and a quarter. All ordinary time worked after midday on a Saturday will be paid at the rate of time and a half. For shiftworkers the rate in clause 22.5(i) is in substitution for and not cumulative upon the shift premiums prescribed in clause 23 Shiftwork. Sunday work (i) (ii) All time worked by an employee on a Sunday will be paid at the rate of double time. For shiftworkers the rate in clause 22.5(i) is in substitution for and not cumulative upon the shift premiums prescribed in clause 23 Shiftwork. MA000096 21
Dry Cleaning and Laundry ndustry Award 2010 Public holiday work (i) (ii) All time worked by an employee on a public holiday will be paid at the rate of double time and a half. An employee who works on a public holiday will be paid for a minimum of four hours work. (iii) For shiftworkers the rate in clause 22.5(i) is in substitution for and not cumulative upon the shift premiums prescribed in clause 23 Shiftwork. (d) Time off instead of payment for work on a Saturday, Sunday or public holiday An employer and an employee may agree that the employee will take time off instead of payment for all or some time worked on a Saturday, Sunday or public holiday. The agreement will: (i) (ii) provide for the time off to be taken in the normal working hours of the employee; provide for the time off to be taken to be calculated as value time e.g: if an employee works for one hour at time and a half penalty rates, they will be entitled to take one and a half hours off; (iii) be in writing; and (iv) provide for the time off to be taken within a period of two months of the date on which the time is worked. 23. Shiftwork 23.1 Notwithstanding clause 25.3, a shiftworker means an employee who works an afternoon shift and/or night shift whether alternating with day work or not. Such an employee is a shiftworker for the purposes of the NES. 23.2 Morning shift in a dry cleaning workplace means a shift commencing at or before 7.00 am and finishing after midday and in a laundry workplace means a shift commencing before 6.00 am. 23.3 Afternoon shift means a shift finishing after 6.00 pm and at or before midnight. 23.4 Night shift means a shift finishing after midnight and at or before 8.00 am. 23.5 An employee who works shiftwork must be paid for each hour worked during a morning, afternoon or night shift 15% more than the ordinary rate prescribed for the appropriate classification. 23.6 An employee who works on a night shift which does not alternate with another shift or day work must be paid for each hour worked 30% more than the ordinary rate prescribed for the appropriate classification. 23.7 An employee in a laundry workplace who works on any morning, afternoon or night shift which does not continue for at least five successive mornings, afternoons or nights in a five day workshop, or for at least six successive mornings, afternoons or 22 MA000096
Dry Cleaning and Laundry ndustry Award 2010 nights in a six day workshop must be paid for the first three hours of each such shift at time and a half. The remaining hours on each such shift must be paid at double time. 23.8 An employee in a dry cleaning workplace who works on any morning, afternoon or night shift which does not continue for a period of three successive mornings, afternoons or nights will be paid time and one half for the first three hours and then double time for the remaining period worked on each occasion. 23.9 Employees under the age of 18 will not be permitted to work shiftwork. 24. Breaks 24.1 Meal breaks An employee will be entitled to an unpaid meal break of not less than 30 minutes per day or shift. The break must be taken not later than five hours after commencing duty. Where an employer requires an employee to work during their meal break, the period worked will be treated as time worked and paid at the rate of time and a half until released for the meal. An employee who is required to work more than one and a half hours overtime will be entitled to a meal break of not less than 20 minutes. This break will be paid at ordinary rates of pay and will be taken at a time agreed to between the employee and employer. 24.2 Rest periods An employee will be entitled to a rest period of 10 minutes in the morning and another in the afternoon on each day worked. The rest periods will count as time worked and will be taken at times agreed between the employer and the majority of employees. Where an employer and the majority of employees agree the rest periods may be taken as one period of 20 minutes in either the morning or the afternoon. 24.3 Crib breaks Shiftworkers will be entitled to a crib break of at least 20 minutes. This break is to be taken not later than five hours after the commencement of each shift. The break is to count as time worked. Part 6 Leave and Public Holidays 25. Annual leave 25.1 Annual leave is provided for in the NES. This clause supplements or deals with matters incidental to the NES provisions. MA000096 23
25.2 Annual leave loading Dry Cleaning and Laundry ndustry Award 2010 n addition to their ordinary pay, an employee, other than a shiftworker, will be paid an annual leave loading of 17.5% of their ordinary rate of pay. Shiftworkers, in addition to their ordinary pay, will be paid the higher of: (i) (ii) an annual leave loading of 17.5% of their ordinary rate of pay; or the weekend and shift penalties the employee would have received had they not been on leave during the relevant period. 25.3 Shiftworkers laundry workplaces For the purposes of the extra week of leave prescribed by the NES, a shiftworker is an employee who is rostered to regularly work on Sundays and public holidays. Where an employee with one year s continuous employment is engaged for part of the yearly period as a shiftworker, the employee will be entitled to have the period of annual leave increased by half a day for each month employed as a shiftworker. An employee who is engaged for part of any year as a shiftworker, and whose employment is terminated, must be paid, in addition to any other amounts due, an additional amount equal to 1/49th of their ordinary pay in respect of the period of employment as a shiftworker. 26. Personal/carer s leave and compassionate leave Personal/carer s leave and compassionate leave are provided for in the NES. 27. Community service leave Community service leave is provided for in the NES. 28. Public holidays Public holidays are provided for in the NES. 24 MA000096