13. Classifications and minimum wages
14. Allowances
15. District allowances
16. Accident pay
17. Mixed functions
18. Payment of wages
19. Superannuation
13. Classifications and minimum wages
13.1 The minimum weekly wages for adults will be the following:
|
Classification
|
Minimum
weekly wage
|
|
|
$
|
|
Stable employee (on commencement with employer)
|
543.90
|
|
Stablehand Grade 1
(after three months’ continuous employment with the employer)
|
560.50
|
|
Stablehand Grade 2
(who has at least two years in the industry and whose duties are above those required of a Grade 1 employee)
|
583.00
|
|
Trackrider
|
583.00
|
|
Stable foreman
|
637.60
|
|
Training assistant
|
658.50
|
|
Trainer
|
698.20
|
13.2 Deductions from wages
Where board and lodging are provided for permanent employees on or adjacent to the employer’s property the employer may deduct from the employee’s earnings a reasonable amount to be mutually agreed upon as the charge for such board and lodging.
13.3 Junior employees
(a) The minimum weekly wage to be paid to any unapprenticed employee, including any probationary apprentice, under 21 years of age, is a percentage of the relevant minimum wage in clause 13.1 determined in accordance with the following table:
|
Age
|
Percentage
|
|
15 and under 16 years
|
55
|
|
16 and under 17 years
|
60
|
|
17 and under 18 years
|
65
|
|
18 and under 19 years
|
70
|
|
19 and under 20 years
|
80
|
|
20 years of age
|
95
|
(b) Such percentage is to be rounded to the nearest 10 cents.
(c) If required by the employer an employee must produce either a birth certificate or a statutory declaration as to the employee’s age.
13.4 Supported wage system
[Sched A renumbered as Sched B by PR988388]
See Schedule B
13.5 National training wage
[Sched B renumbered as Sched C by PR988388]
See Schedule C
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14. Allowances
14.1 Racecourse attendance allowance
Every employee who is required to attend a race meeting must be paid a racecourse attendance allowance calculated as follows:
(a) where the racecourse is situated within 75 kilometres of the employee’s place of employment: $22.70;
(b) where the racecourse is more than 75 kilometres from the employee’s place of employment, the allowance in clause 14.1(a) plus $5.35 for each additional 50 kilometres or part thereof that the racecourse is situated from the place of employment.
14.2 Transport allowance
In addition to the allowance in clause 14.1, every employee who is required to attend a race meeting and perform work covered by the award must, if the horse is floated, be reimbursed an amount equal to the cost of fares reasonably spent by the employee in travelling from the employee’s usual place of work to the race meeting unless the employer supplies transport.
14.3 Meal allowances
(a) When required to attend a race meeting an employee must be paid an allowance of $9.00 for each meal unless the employer supplies the meal.
(b) An employee required to work overtime for more than one and a half hours without being notified on the previous day or earlier must be paid an allowance of $11.00 for each meal. If an employee is notified on the previous day or earlier of a requirement to work overtime for more than one and a half hours and provides their own meal but is subsequently not required to work overtime or is required to work less overtime than advised, the employee must be paid the allowance.
14.4 Travel allowance
Where in the course of the employment an employee is required to live and sleep at some place other than the employee’s normal place of residence or where an employee is required by the employer to travel, the employee must be paid their reasonable out-of-pocket expenses before leaving the employer’s premises.
14.5 Protective clothing and footwear
(a) Where it is necessary that an employee wear gumboots, waterproof coats, waterproof half-coats and waterproof trousers, the employer must reimburse the employee for the costs of purchasing such clothing not supplied by the employer.
(b) Where protective clothing is supplied without cost to the employee, it will remain the property of the employer. In the event of an employee leaving, or being employed where such clothing is not required, the protective clothing must be returned to the employer in good condition, fair wear and tear excepted.
14.6 Boots, cap and vest allowance
Trackriders (including people required to drive or ride horses) must be paid an allowance per week by way of subsidy of $5.46 instead of riding boots, skullcaps and safety vest and each employee must provide a suitable skullcap, safety vest and riding boots as required.
14.7 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 allowances
|
Take away and fast foods sub-group
|
|
Boots, cap and vest allowance
|
Clothing and footwear group
|
|
Racecourse attendance allowance
|
Private motoring sub-group
|
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15. District allowances
15.1 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.
15.2 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.
15.3 This clause ceases to operate on 31 December 2014.
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16. Accident pay
16.1 Subject to clause 16.2 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.
16.2 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.
16.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.
16.4 This clause ceases to operate on 31 December 2014.
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17. Mixed functions
17.1 An employee who is required to do work for which a higher rate is fixed than that provided for in their ordinary duties must, if such work exceeds a total of four hours on any day, be paid at the higher rate for all work done on such day.
17.2 In all other cases the employee must be paid the higher rate for the actual time worked.
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18. Payment of wages
18.1 When an employee’s employment is terminated before the usual pay day, the employee must be paid all wages and holiday pay to which the employee is entitled within 24 hours of leaving the employer’s service.
18.2 Wages must be paid once weekly or once fortnightly at the discretion of the employer and with the consent of the employee, provided that no employer will keep more than two days’ pay in hand, other than for casual employees, whose wages will be paid in full.
18.3 Wages may be paid by cash or cheque or be transferred directly to the employee’s bank account.
18.4 Payment is to be made on a nominated day between Monday and Friday, unless the day is a public holiday, in which case payment must be made the day before.
18.5 On or prior to payday, the employer must state to each employee, in writing, the total amount of wages to which the employee is entitled, the deductions and the net amount.
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19. Superannuation
[Varied by PR989300]
19.1 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 thesuperannuation rights and obligations of employers and employees. Under superannuation legislation individual employees 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.
19.2 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.
19.3 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 19.2.
(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 19.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or (b) was made.
19.4 Superannuation fund
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.3(a) or (b) to one of the following superannuation funds:
(a) AustralianSuper;
(b) HOSTPLUS;
(c) SunSuper;
(d) Victorian Racing Industry Superannuation Plan;
(e) CustomSuper Plan – AMP;
[19.4(f) inserted by PR989300]
(f) Nationwide Superannuation Fund; or
[19.4(f) renumbered as 19.4(g) by PR989300]
(g) 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.
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