Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:13_17:p1
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 13 cl 17 (pt 1/2)
Character Range: 912942–915898

17  Allowable transitional award matters

 (1) Subject to this Division, a transitional award may include terms about the following matters (allowable transitional award matters) only:
 (a) classifications of transitional employees and skill‑based career paths;
 (b) ordinary time hours of work and the times within which they are performed, rest breaks, notice periods and variations to working hours;
 (c) rates of pay generally (such as hourly rates and annual salaries), rates of pay for juniors and transitional employees to whom training arrangements apply, and rates of pay for transitional employees under the supported wage system;
 (d) incentive‑based payments, piece rates and bonuses;
 (e) annual leave and annual leave loadings;
 (f) personal/carer's leave;
 (g) ceremonial leave;
 (ga) leave for the purpose of seeking other employment after the giving of a notice of termination by an employer to an employee;
 (h) parental leave, including maternity and adoption leave;
 (i) observance of days declared by or under a law of a State or Territory to be observed generally within that State or Territory, or a region of that State or Territory, as public holidays by employees who work in that State, Territory or region, and entitlements of transitional employees to payment in respect of those days;
 (ia) days to be substituted for, or a procedure for substituting, days referred to in paragraph (i);
 (j) monetary allowances for:
 (i) expenses incurred in the course of employment; or
 (ii) responsibilities or skills that are not taken into account in rates of pay for transitional employees; or
 (iii) disabilities associated with the performance of particular tasks or work in particular conditions or locations;
 (k) loadings for working overtime or for casual or shift work;
 (l) penalty rates;
 (m) redundancy pay, within the meaning of subclause (3);
 (n) stand‑down provisions;
 (o) dispute settling procedures;
 (p) type of employment, such as full‑time employment, casual employment, regular part‑time employment and shift work;
 (q) pay and conditions for outworkers, but only to the extent necessary to ensure that their overall pay and conditions of employment are fair and reasonable in comparison with the pay and conditions of employment specified in a relevant transitional award or transitional awards for transitional employees who perform the same kind of work at a transitional employer's business or commercial premises.

Note 1: The matters referred to in subclause (1) have a meaning that is affected by clause 18.

Note 2: Entitlements relating to certain matters that were allowable award matters immediately before the reform commencement are preserved under clause 22.

 (2) For the purposes of paragraph (1)(f), personal/carer's leave includes war service sick leave, infectious diseases sick leave and other like forms of sick leave.

 (3) For the purposes of paragraph (1)(m), redundancy pay means redundancy