Guide to Format and Structure of

Modern Awards

February 2009

As at 16 February 2009

1. Purpose of this guide.........................................................................................32. The template.......................................................................................................3

2.1 The amod_ext template...........................................................................32.2 Downloading template.............................................................................32.3 Creating a new draft award......................................................................32.4 Inserting text into new draft award...........................................................32.5 Inserting required text into new draft award.............................................4

3. Clauses................................................................................................................53.1 Clause titles.............................................................................................53.2 Standard clauses.....................................................................................6

4. Numbering conventions....................................................................................74.1 Preferred numbering in a draft award......................................................74.2 Automatic numbering in template............................................................84.3 Cross-references.....................................................................................8

5. Fonts, styles and page settings........................................................................95.1 Fonts........................................................................................................95.2 Styles.......................................................................................................95.3 Paper size, margins, tab settings and justification.................................125.4 Headers.................................................................................................135.5 Footers and page numbers....................................................................135.6 Spelling list.............................................................................................135.7 Abbreviations.........................................................................................135.8 Numbers................................................................................................145.9 Tables....................................................................................................14

6. References........................................................................................................166.1 Referencing pre-reform instruments......................................................166.2 Cross-references within a draft award...................................................166.3 References to NES................................................................................176.4 References to Legislation......................................................................17

Appendix A—Sample text in draft award clause...................................................18Appendix B—Sample text in Schedule using preferred numbering...................21Appendix C—Autotext entries in amod_ext template...........................................23

C.1 Current entries.......................................................................................23C.2 Standard clauses...................................................................................23

Appendix D—Standard modern award clauses....................................................24Appendix E—Tips for Keyboard Operators...........................................................34

E.1 Formatting troubleshooting....................................................................34E.2 Styles and formatting.............................................................................34E.3 Keyboard shortcuts................................................................................36

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1. Purpose of this guideThis guide is designed to assist parties drafting modern awards in line with the preferred style of the Australian Industrial Relations Commission (the Commission). This is a guide in relation to style and format only. It does not purport to recommend the content of any modern award or award clause.

2. The template

2.1 The amod_ext templateA Microsoft Word template called amod_ext.dot has been created to assist in the creation of modern awards. The template allows a user to create a document using the preferred numbering style, page layout and fonts of the Commission. The template also contains an outline of the preferred clause headings although this does not prevent parties from removing suggested clauses or inserting additional clauses.

Note: This template was last updated on 17 February 2009.

2.2 Downloading templateThe amod_ext.dot template can be downloaded from the Award Modernisation—Research page of the AIRC website or by clicking on the following link: http://www.airc.gov.au/awardmod/guide/amod_ext.dot.

This template should be saved to the directory on your network where other Word templates have been saved. To check this click on Tools, Options and File locations and check where your User and Workgroup templates are stored.

2.3 Creating a new draft awardTo create a new draft award based on the amod_ext.dot template:

(1) open a blank document in Word

(2) click on File and New(3) search for templates On my computer(4) select the amod_ext template from the appropriate directory

(5) click OK

Note: Some IT and Word processing systems may require different steps to those above. This has been included as a guide only.

2.4 Inserting text into new draft award When you have created a new draft award based on the amod_ext.dot template as above, you can copy and paste text from another document under the relevant clause headings, then apply the relevant styles as per section 5.2—Styles of this Guide. See also Appendix D—Tips for Keyboard Operators.

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2.5 Inserting required text into new draft award The amod_ext.dot template displays some required text in red as follows:

Parties’ Draft Award—Enter organisation name and date2009

Enter Award Title2010

Table of Contents

To enter the required text in the fields highlighted in red, place your cursor anywhere in the red text and the field will turn black:

Type the relevant information e.g. AIGroup—20 February

The text will be inserted into the document in the correct font.

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3. Clauses

3.1 Clause titles(a) The following is an outline of suggested clause titles for a draft award:

Part 1—Application and Operation1. Title

2. Commencement date

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Award flexibility

Part 2—Consultation and Dispute Resolution8. Consultation regarding major workplace change

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment10. Types of employment

11. Termination of employment

12. Redundancy

Part 4—Minimum Wages and Related Matters13. Classifications

14. Minimum wages

15. Allowances

16. District allowances

17. Accident pay

18. Higher duties

19. Payment of wages

20. Superannuation

Part 5—Hours of work and related matters21. Ordinary hours of work and rostering

22. Breaks

23. Overtime and penalty rates

Part 6—Leave and Public Holidays24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Community service leave

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27. Public holidays

Schedule A —**Insert Schedule HeadingSchedule B —**Insert Schedule HeadingSchedule C —**Insert Schedule Headingetc.

(b) Additional clause titlesDraft awards are not limited to the above clause titles; additional clauses may be inserted in the appropriate Part. Applying the styles in the template to the additional text will automatically renumber the subsequent clauses.

(c) Unused clause titlesWhen there is no information in relation to a specific clause title, the heading should be deleted. Subsequent clauses will automatically be renumbered where the styles in the template have been applied.

(d) SchedulesSchedules may be appended to the draft award. Examples of the type of information that may be included in schedules are detailed classification information, a Supported Wage System clause or Transitional information.

(e) Table of ContentsEach draft award should contain a Table of Contents at the start of the document containing the part, clause and schedule headings only.

Where the styles in the amod_ext.dot template have been applied to text in the draft award, the Table of Contents can be automatically generated and updated using the TOC and Update TOC buttons on the toolbar.

3.2 Standard clausesWhen you open the template, the text of a number of ‘standard clauses’ appears. The text of these clauses has been determined by a Full Bench of the Commission but in some cases may be varied to suit the requirements of particular industries. [See decision [2008] AIRCFB 1000 dated 19 December 2008]

See Appendix D for the content of the standard clauses.

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4. Numbering conventions

4.1 Preferred numbering in a draft award

Part 3—Types of Employment and Termination of Employment

10. Employment categories

10.1 Full-time employment

(a) Clause 10.1(a)

(i) Clause 10.1(a)(i)

Draft awards are to be numbered using a semi-decimalised numbering system:

Numbering style Style in template Button ^Part Part 1, Part 2, Part 3, etc. Part heading PartClause 1, 2, 3, etc. Level 1 Lvl 1Subclause 1.1, 1.2, 1.3, etc. Level 2 or Level 2 Bold Lvl 2Paragraph (a), (b), (c), etc. Level 3 or Level 3 Bold Lvl 3Subparagraph (i), (ii), (iii), etc. Level 4 or Level 4 Bold Lvl 4Numbering within a ScheduleSchedule Schedule A, Schedule B, etc. Sub document ScheduleClause A.1, A.2, A.3, etc. Sub Level 1 or

Sub Level 1 HeadingScheduleLvl 1

Subclause A.1.1, A.1.2, A.1.3, etc. Sub Level 2 or Sub Level 2 Heading

ScheduleLvl 2

Paragraph (a), (b), (c), etc. Sub Level 3 or Sub Level 3 Bold

ScheduleLvl 3

Subparagraph (i), (ii), (iii), etc. Sub Level 4 or Sub Level 4 Bold

ScheduleLvl 4

^ See 5.2—Styles for more information about applying styles to text.

Notes: Clause numbers are to be bolded (except when used in a cross-reference)

When referencing another clause within a draft award, the term ‘clause’ is always used e.g. “in clause 7.3” not “in subclause 7.3”

Paragraphs and subparagraphs are cited in full e.g. clause 5.6(a), clause 7.8(b)(ii) or, within a Schedule, cite as clause B.9.1(c)

Where part headings are included, the clause numbering continues in any subsequent part e.g. Part 1—Application and Operation may include clauses 1 – 7; then Part 2—Consultation and Dispute Resolution will start at clause 8 (not restart at clause 1)

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Beyond Level 4, dot points should be used

4.2 Automatic numbering in template When using the amod_ext.dot template to create the draft award, the appropriate numbering will be automatically generated when a style is applied to a paragraph of text. Clause numbers will automatically be renumbered when text is inserted or deleted.

4.3 Cross-references When using the amod_ext.dot template to create the draft award, the cross-reference feature in Word can be utilised. Using this feature ensures cross-references will be automatically updated if text is inserted or deleted elsewhere in the document and clauses are renumbered as a consequence.

To insert a cross-reference:

(1) With the cursor where the cross-reference is to be inserted(2) Click Insert

Reference Cross-reference

(3) Choose the relevant paragraph from the list of numbered items and click Insert

(4) Use the Paragraph number (full context) option to display the full reference e.g. 7.3(a)(i).

If you only want the paragraph number (and not the clause number), use the Paragraph number (no context) option e.g. to create a cross-reference citing ‘clauses 7.3(a)(i) and (ii)’ you would use full context for 7.3(a)(i) and no context for (ii).

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5. Fonts, styles and page settings

5.1 FontsThe recommended font for text in a draft award is Times New Roman 12 pt.

5.2 StylesThe AMOD toolbar*:

(a) The amod_ext.dot template contains a series of styles which will apply the correct font, indentation and numbering to text. Following is a list of the styles used:

Style Name

Style Attributes Button *

Normal Times New Roman; 12pt; Justified; single line spacing; 10pt paragraph spacing before

Normal

Part heading Normal + 16pt; Bold; Title Case; Left justified; 24pt paragraph spacing before; Keep with next

Part

Level 1 Normal + 14pt; Bold; Sentence case; Left justified; 1.5 cm hanging indent; 24pt paragraph spacing before; Keep with next (Clause heading)

Lvl 1

Level 2 Normal + 1.5 cm hanging indent. Lvl 2Level 2-Bold Normal + Bold; Sentence case; Left justified; 1.5 cm hanging indent; Keep

with next (Subclause heading) Lvl 2 Bold

Level 3 Normal + 1.5 cm Left indent; 1 cm hanging indent. Lvl 3Level 3-Bold Normal + Bold; Sentence case; Left justified; 1.5 cm Left indent; 1 cm

hanging indent; Keep with next (Paragraph heading) Lvl 2 Bold

Level 4 Normal + 2.5 cm left indent; 1 cm hanging indent. Lvl 4Level 4-Bold Normal + Bold; Sentence case; Left justified; 2.5 cm left indent; 1 cm

hanging indent; Keep with next (Subparagraph heading) Lvl 2 Bold

Schedule styles

Sub document

Normal + 14pt; Bold; All Caps; Sentence Case; Left justified; 24pt paragraph spacing before; Keep with next (Schedule heading)

Schedule

Sub Level 1 Bold

Normal + 14pt; Bold; Sentence case; Left justified; 1.5 cm hanging indent; 24pt paragraph spacing before; Keep with next (Clause heading in Schedule)

SchedLvl 1 Heading

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The drop down menu for Extras

The drop down menu for Shed Styles

Style Name

Style Attributes Button *

Sub Level 1 Normal + 1.5 cm hanging indent. SchedLvl 1

Sub Level 2 Bold

Normal + Bold; Sentence case; Left justified; 1.5 cm hanging indent; Keep with next (Subclause heading in Schedule)

SchedLvl 2 Heading

Sub Level 2 Normal + 1.5 cm hanging indent. SchedLvl 2

Sub Level 3 Bold

Normal + Bold; Sentence case; Left justified; 2.5 cm hanging indent; Keep with next (Subclause heading in Schedule)

SchedLvl 3 Heading

Sub Level 3 Normal + 2.5 cm hanging indent. SchedLvl 3

Sub Level 4 Bold

Normal + Bold; Sentence case; Left justified; 3.5 cm hanging indent; Keep with next (Subclause heading in Schedule)

SchedLvl 4 Heading

Sub Level 4 Normal + 3.5 cm hanging indent. SchedLvl 4

Other text styles

Block 1 Normal + 1.5 cm left indent. Block 1Block 2 Normal + 2.5 cm left indent. Block 2Block 3 Normal + 3.5 cm left indent. Block 3Bullet 1 Normal + Bulleted; 1.5 cm left indent; 0.3 cm hanging indent; 11pt bullet. Bullet 1Bullet 2 Normal + Bulleted; 2.5 cm left indent; 0.3 cm hanging indent; 11pt bullet. Bullet 2Bullet 3 Normal + Bulleted; 3.5 cm left indent; 0.3 cm hanging indent; 11pt bullet. Bullet 3AMOD Table Style

Normal + within cell 0cm left margins, 0.3cm right margin, 6pt para spacing before text

AMOD Table Style

* With your cursor anywhere in a paragraph, click on the relevant button on the toolbar to apply the style.

(b) Sample text using preferred styles and fonts

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Note: To access this view of a document in Word: (1) click Tools, Options and the View tab (2) under the Outline and Normal options heading (3) set the Style area width to 2 cm(4) use Normal view with Show/Hide activated.

(c) Further samples of text using preferred styles and fonts are contained in Appendix A.

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5.3 Paper size, margins, tab settings and justification

The following settings are included in the template:

(a) Page Setup

(b) Footer settings for Page NumbersRight page (odd numbers) Left page (even numbers)

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(c) Tab settingsTabs are included in the styles. They should only be set at 1.5 cm then at 1 cm intervals.

(d) Justification All clause text should be fully justified. Headings and text in tables should be left justified. Dollar amounts should be decimal tabbed aligned.

5.4 HeadersThe header in draft awards should contain the date of the draft and the name of the organisation. This will assist the Commission as there may be several versions of draft awards produced and submitted.

To enter the relevant information in the header, click on the text in Red and type the organisation name (or abbreviation) and date. (See also Section 2.4 of this Guide.)

Example:

Parties’ Draft (AMWU 28 April 2009): Printing Award 2010

5.5 Footers and page numbersThe footer in a draft award should contain page numbers only. Each page should be numbered.

When the amod_ext.dot template has been used to create the draft award, page numbers will be automatically inserted in the footer.

5.6 Spelling listThe preferred spelling for some commonly used terms:

first aid pre-reformfull-time pro ratajudgment shiftwork(er)organisation subclauseoveraward underawardpart-time wage-related

5.7 AbbreviationsAbbreviations should be spelt out in the first instance and if used throughout the award, should be included in the Definitions and interpretation clause. Some common abbreviations are:

National Employment Standards NESNotional Agreement Preserving State Awards NAPSA

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5.8 Numbers In text: the numbers one to nine should be expressed as words; 10 and

above to be cited as figures.

In tables: all numbers should be cited as figures.

Percentages: express as figures and a symbol e.g. 25%.

Years: 2007–08 not 2007/08.

5.9 Tables

(a) Sample Table 1 with instructions

Before any text has been entered indent the table according to the level of style used.

To indent the table: Right click on table and select Table Properties.

In Alignment option: Indent from left - Type value (1.5, 2.5 or 3.5cm)

To format the table: Select the entire table. From the Extras menu select AMOD Table Style.

For dollar values: Keep the cell(s) left aligned and use the decimal tab.

This will keep the numbers aligned along the decimal point.

100.01

120.24

1.001

10.1

(b) Sample Table 2 with text

Allowance Applicable Consumer Price Index figure

Meal allowance Take away and fast foods sub-group

Clothing, equipment and tools allowance

Clothing and footwear group

Tools allowance Tools component of the household appliances, utensils and tools sub-group

Vehicle/travel allowance Private motoring sub-group

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(c) Sample Table 2 with wages/text

Classification Minimum wage

$

Introductory level 543.90

Maintenance and Horticultural Employee Level 1 567.60

Maintenance and Horticultural Employee Level 2 614.30

Tradesperson 637.60

Trackwork and Pool Supervisor 689.80

Management Employee Level 1 741.90

Management Employee Level 2 821.60

(b) Sample junior rates table

Percentage of weekly wages for Maintenance Employee Level 1 as follows:

Age %

Under 17 years 50

At 17 years 60

At 18 years 70

At 19 years 80

At 20 years 90

(c) Sample apprentice rates table (4 year term)

Apprentices must receive the following percentage of the minimum wage rate for the tradesperson classification:

%

1st year 50

2nd year 60

3rd year 70

4th year 85

Note: It must be clear what classification the Apprentice and Junior percentages are based on.

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TIP: Click on AMOD Table style formatting button to format tables

6. References

6.1 Referencing pre-reform instruments

(a) Pre-26 March 2006 awardse.g. Felt Hatting Industry Award 1999 [AW781105]

(b) Post-26 March 2006 awards applying to constitutional corporations (pre-reform awards)e.g. Felt Hatting Industry Award 1999 [AP781105]

(c) Post-26 March 2006 awards applying to other than constitutional corporations (transitional awards)e.g. Felt Hatting Industry Award 1999 [AT781105]

(d) Awards applying on a common rule basisThe award code should always include the common rule code as follows:

Code Common rule applying in:CR ACT, NT and Victoria

CRA ACTCRN NTCRV VictoriaCAN ACT and NTCAV ACT and VictoriaCNV NT and VictoriaCRC Christmas Island

e.g. Licensed Clubs (Victoria) Award 1998 [AP787060CRV]

(e) NAPSAsTitles of NAPSAs should include the code allocated by the AIR and indicate the jurisdiction from which the NAPSA was notionally derived. e.g.  Plumbers Award [AN170078 – Tas];

Shop Employees (State) Award [AN120499 – NSW]

6.2 Cross-references within a draft award

(a) Suggestions All clauses, subclauses and paragraphs should be referenced as

‘clause’. When referencing an entire clause, include the clause title.

(b) Examples ‘as defined in clause 3—Definitions’.

‘according to the hourly rate of pay in clause 9.1’.

‘regular hours of work for full-time employees in clause 15.1(a)’.

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6.3 References to NES

Example‘Before the start of the employee’s annual leave the employer must pay the employee instead of the base rate of pay referred to in s.35(1) of the NES:’

6.4 References to Legislation

(a) References to the Workplace Relations Act 1996The first reference to the Workplace Relations Act 1996 (Cth) should be in full and in italics. It can be shortened for subsequent references.

ExamplesSection 123 of the Workplace Relations Act 1996 (Cth) (the Act) states that . . . The Act defines . . .

The Workplace Relations Act 1996 is the only act that should be shortened to ‘the Act’ in a draft award.

Sections of the Act should be cited as Section 576V, s.576V or ss.576J and 576M. The word ‘Section’ should always be used at the start of a sentence.

(b) References to other legislationWhere other legislation is referenced, the jurisdiction should always be appended to the Act title. The Act title should always be in full and in italics.

ExamplesFederal legislatione.g. Superannuation Legislation Amendment (Choice of Superannuation Funds) Act 2005 (Cth)

State legislatione.g. Annual Holidays Act 1944 (NSW); Long Service Leave Act 1992 (Vic)

(c) References to RegulationsThe title of the Workplace Relations Regulations 2006 does not require italics.

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Appendix A—Sample text in draft award clause

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Note: To access this view of a document in Word: (1) click Tools, Options and the View tab (2) under the Outline and Normal options heading (3) set the Style area width to 2 cm(4) use Normal view.

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Appendix B—Sample text in Schedule using preferred numbering

Schedule A—Classification Structure and Definitions

A.1 The classification structure and definitions set out in clauses and apply to employees covered by this award, except where otherwise specified.

A.2 Classification structure

A.2.1 C1–C14 Levels

Classification levels

Classification title Minimum training requirement

C1 Professional Engineer Professional Scientist

Degree

(NOTE: Professional engineers and scientists will be considered in Stage 3)

. . .

A.2.3 The percentage wage relativities to C10 in the table in clause reflect the percentages prescribed in 1990 in Re Metal Industry Award 1984—Part I [M0039 Print J2043]. The minimum wages in this award do not reflect these relativities because some wage increases since 1990 have been expressed in dollar amounts rather than percentages and as a result have reduced the relativities.

A.2.3 Supervisor/Trainer/Coordinator

Where an employee is performing supervisory responsibilities, the employee is to be classified as a:

(a) Supervisor/Trainer/Coordinator—Level I . . .

A.3 Classification definitions

A.3.1 The following classification definitions should be read in conjunction with:

(a) the stream and field definitions in this award.

(b) the following definitions:

(i) Or equivalent means:

any training which a registered provider (e.g. TAFE), or State recognition authority recognises as equivalent to an accredited course which Manufacturing Skills Australia recognises for this level, which can include advanced standing through recognition of prior learning and/or overseas qualifications; or

where competencies meet the requirements set out in the Manufacturing Skills Australia competency standards in

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accordance with the National Metal and Engineering Competency Standards Implementation Guide.

(ii) Work within the scope of this level means:

for an employee who does not hold a qualification listed as a minimum training requirement, that the employee can apply skills within the enterprise selected in accordance with the National Metal and Engineering Competency Standards Implementation Guide, provided that the competencies selected are competency standards recognised as relevant and appropriate by Manufacturing Skills Australia and endorsed by the National Quality Council; and

where an employee has a qualification, clause 24.3(b)(iii) applies.

. . .

A.3.2 Supervisor/Trainer/Coordinator

(a) Supervisor/Trainer/Coordinator—Level I

(i) A Supervisor/Trainer/Coordinator—Level I is an employee who is responsible for the work of other employees and/or provision of structured on-the-job training. Such an employee has completed a qualification at AQF III level or above, of which at least one third of the competencies are related to supervision/training, or equivalent.

(ii) Notwithstanding the above definition an employee who is mainly engaged to perform work supervising or coordinating the work of other employees and who has sufficient additional training beyond that of those coordinated or supervised so as to enable the employee to perform work within the scope of this level must be classified at this level.

(b) Supervisor/Trainer/Coordinator—Level II

(i) A Supervisor/Trainer/Coordinator—Level II is an employee who is responsible for the supervision and/or training of Supervisor/Trainers/ Coordinators—Level I. Such an employee has completed an AQF IV or V qualification or equivalent of which at least 50% of the competencies are in supervision/training.

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Appendix C—Autotext entries in amod_ext template

C.1 Current entries

Text Shortcut*Miscellaneous entriesAustralian Fair Pay Commission afpcAustralian Industrial Relations Commission aircWorkplace Relations Act 1998 wract

*To insert autotext entry, type the shortcut and press F3.

C.2 Standard clauses

When you open the template, a number of standard clauses will appear. If you wish to insert these individually you can use the following autotext entries. The full text of the clauses appears in Appendix D.

Clause Shortcut*Access to the award and the National Employment Standards accessAccident pay accidentAdjustment of expense related allowances adjustmentAnnual leave annualCommencement date commenceCommunity service leave communityConsultation regarding major workplace change consultationCoverage coverageDefinitions and interpretation definitionsDispute resolution disputeDistrict allowances districtAward flexibility flexibilityThe National Employment Standards and this award nesPersonal/carer’s leave and compassionate leave personalPublic holidays publicRedundancy redundancySuperannuation superTermination of employment terminationTitle title

*To insert autotext entry, type the shortcut and press F3.

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Appendix D—Standard modern award clauses

1. Title

This award is the "Enter Industry Name" Award 2010.

2. Commencement date

This award commences on 1 January 2010.

3. Definitions and interpretation

3.1 In this award, unless the contrary intention appears:

Act means the Workplace Relations Act 1996 (Cth)

Commission means the Australian Industrial Relations Commission or its successor

employee has the meaning in the Act

employer has the meaning in the Act

enterprise award has the meaning in the Act

NAPSA means notional agreement preserving a State award and has the meaning in the Act

NES means National Employment Standards

standard rate means the minimum wage for a "insert key classification" in clause "insert cross-reference to classification"

"insert industry specific definitions in alphabetical order"

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 "insert industry name or description" and their employees in the classifications listed in clause "insert cross-reference to classifications clause" to the exclusion of any other modern award. The award does not cover employers in the following industries:

"insert any exclusions"

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4.2 The award does not cover an employee excluded from award coverage by the Act.

4.3 The award does not cover an employer bound by an enterprise award with respect to any employee who is covered by the enterprise award.

4.4 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 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:

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.

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7.3 The agreement between the employer and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and

(b) not disadvantage the individual employee in relation to the individual employee’s terms and conditions of employment.

7.4 For the purposes of clause 7.3(b) the agreement will be taken not to disadvantage the individual employee in relation to the individual employee’s terms and conditions of employment if:

(a) the agreement does not result, on balance, in a reduction in the overall terms and conditions of employment of the individual employee under this award and any applicable agreement made under the Act, as those instruments applied as at the date the agreement commences to operate; and

(b) the agreement does not result in a reduction in the terms and conditions of employment of the individual employee under any other relevant laws of the Commonwealth or any relevant laws of a State or Territory.

7.5 The agreement between the employer and the individual employee must also:

(a) 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;

(b) state each term of this award that the employer and the individual employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

(d) detail how the agreement does not disadvantage the individual employee in relation to the individual employee’s terms and conditions of employment; and

(e) state the date the agreement commences to operate.

7.6 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

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:

(a) 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

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(b) 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.

8. Consultation regarding major workplace change

8.1 Employer to notify

(a) 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.

(b) 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 alteration of any of these matters an alteration is deemed not to have significant effect.

8.2 Employer to discuss change

(a) 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.

(b) 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.

(c) 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.

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9. Dispute resolution

9.1 In 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. If 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 If 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 the Commission.

9.3 The parties may agree on the process to be utilised by the Commission including mediation, conciliation and consent arbitration.

9.4 Where the matter in dispute remains unresolved, the Commission 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.

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. If 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.

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12. Redundancy

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

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

(a) 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.

(b) If 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.

(c) This entitlement applies instead of clause 11.3 OR "insert cross-reference to Job search entitlement clause in Termination clause".

12.5 Transitional provisions

(a) Subject to clause 12.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a NAPSA:

(i) 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 made under the Act had applied to the employee; and

(ii) that would have entitled the employee to redundancy pay in excess of the employee’s entitlement to redundancy pay, if any, under the NES.

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(b) The employee’s entitlement to redundancy pay under the NAPSA is limited to the amount of redundancy pay which exceeds the employee’s entitlement to redundancy pay, if any, under the NES.

(c) 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.

15. Allowances. . .

15.2 Adjustment of expense related allowances

(a) 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.

(b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance Applicable Consumer Price Index figure

Meal allowance Take away and fast foods sub-groupClothing, equipment and tools allowance

Clothing and footwear group

Tools allowance Tools component of the household appliances, utensils and tools sub-group

Vehicle/travel allowance Private motoring sub-groupNote: The allowances table above may need to be amended depending on other allowances within the award

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):

(a) 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 made under that Act had applied to the employee; and

(b) that would have entitled the employee to payment of a district allowance.

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16.2 Western Australia

An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a NAPSA or an award made under the Workplace Relations Act 1996 (Cth):

(a) 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 made under that Act had applied to the employee; and

(b) 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

17.1 Subject to clause 17.2, an employee is entitled to accident pay in accordance with the terms of:

(a) a NAPSA that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) had applied to the employee; and

(b) 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 The employee’s entitlement to accident pay under the NAPSA or 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.

20. Superannuation

20.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (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

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generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b) 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

(a) 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 into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 20.2.

(b) 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.

(c) The employer must pay the amount authorised under clauses 20.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or (b) 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(a) or (b) to one of the following superannuation funds:

(a) "insert name of fund(s)"; or

(b) "insert name of fund(s)"; or

(c) 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(a) or (b):

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(a) Paid leave—while the employee is on any paid leave;

(b) 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) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and

(ii) the employee remains employed by the employer.Note: This subclause will only apply if there was a pre-existing award provision to this effect.

24. Annual leave

Annual leave is provided for in the NES.

25. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

26. Community service leave

Community service leave is provided for in the NES.

27. Public holidays

27.1 Public holidays are provided for in the NES.. . .

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Appendix E—Tips for Keyboard Operators

E.1 Formatting troubleshooting

E.1.1 Pasting Text Options

When pasting any text, use: Edit, Paste Special, Unformatted Text

Another option is to use Ctrl + V and click on the Match Destination Formatting option.

When pasting text and tables, use: Edit, Paste Special, Formatted Text, then:

Select the newly pasted text and from the Styles and Formatting pane

Hover over the Style window

Click the drop-down arrow

Choose Clear Formatting.

E.2 Styles and formattingE.2.1 Format PainterTo replicate formatting applied elsewhere, use the Format Painter button in the Standard toolbar. To do this:

Click on the text with the format you wish to replicate;

Click on the Format Painter button and keep the mouse button depressed;

Go to and select the text to be formatted, release the mouse button.

To use this function repeatedly, double-click on the Format Painter button instead of one click. Press the Esc key to cancel this function.

E.2.2 Applying Styles

A style can be applied to a paragraph before inserting or pasting text by applying the style to the ‘empty’ paragraph marker where the text is to be inserted.

E.2.3 Rogue Formatting

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If, after applying styles, your formatting is not as expected, try one (or all) of the following steps after selecting the rogue text:

Remove character format: press Ctrl + Spacebar

Remove paragraph formatting: press Ctrl + Q

Apply Normal style

E.2.4 Modifying Styles

Don’t modify existing amod styles through the Styles and Formatting pane—this will actually create new styles.

If you need to modify a style, use the formatting buttons e.g. Bold, Paragraph.

E.2.5 Updating the Table of Contents

Whenever a change is made to a part, clause or schedule heading, the entire Table of Contents should be updated. To do this:

Click Update TOC button on toolbar

Choose Update entire table

Click OK.

When text has been added or deleted causing a change to the pagination of a draft award (but part, clause and schedule headings have not been changed), the Update page numbers only option may be selected.

E.2.6 To print your draft award with double-spacing:

Select the entire document (Ctrl + A)

Press Ctrl + 2,

Print the draft (press Ctrl + Z to undo the double-spacing).

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E.3 Keyboard shortcuts

To applyAutoText..................................................................... Type shortcut then F3Bold............................................................................ Ctrl + BChange case.............................................................. Shift + F3Copy........................................................................... Ctrl + CCut.............................................................................. Ctrl + XDouble-space text...................................................... Ctrl + 2Em dash — use between numbers and headings..... Ctrl + Alt + NumLock minus keyEn dash – use for ranges e.g. 3–8 employees........... Ctrl + NumLock minus keyFind............................................................................ Ctrl + FGo to (a page number or browse object)................... F5Hyperlink.................................................................... Ctrl + KItalic............................................................................ Ctrl + INon-breaking space................................................... Ctrl + Shift + SpacebarPage break................................................................. Ctrl + EnterPaste.......................................................................... Ctrl + VRedo or Repeat.......................................................... F4Remove character format........................................... Ctrl + SpacebarRemove paragraph formatting................................... Ctrl + QReplace...................................................................... Ctrl + HSave........................................................................... Ctrl + SSpell Check................................................................ F7Underline.................................................................... Ctrl + UUndo........................................................................... Ctrl + ZUpdate fields (for cross-references or table of contents).................................................................... F9Moving the cursor around your documentTop of document........................................................ HomeEnd of document........................................................ EndMove by one word left or right.................................... Ctrl + left or right arrowMove by one paragraph up or down.......................... Ctrl + up or down arrowSelecting textSelect entire document.............................................. Ctrl + ASelecting next word.................................................... Ctrl + Shift + left or right arrowSelecting next paragraph........................................... Ctrl + Shift + up or down arrowSelecting vertical text ................................................ Alt + click and drag mouseTurn on selection tool................................................. F8Turn off selection tool................................................. EscDeleting textDelete to the end of the word or next word................ Ctrl + Delete

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