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. The National Employment Standards and this award The and this award contain the minimum conditions of employment for employees covered by this award. Individual flexibility arrangements [Varied by ; 7—Award flexibility renamed and substituted by ppc 01Nov18] Despite anything else in this award, an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer: arrangements for when work is performed; or overtime rates; or penalty rates; or allowances; or annual leave loading. An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress. An agreement may only be made after the individual employee has commenced employment with the employer. An employer who wishes to initiate the making of an agreement must: give the employee a written proposal; and if the employer is aware that the employee has, or reasonably should be aware that the employee may have, limited understanding of written English, take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal. An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made. An agreement must do all of the following: state the names of the employer and the employee; and identify the award term, or award terms, the application of which is to be varied; and
From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount: First full pay period on or after 1 July 2010 80% 1 July 2011 60% 1 July 2012 40% 1 July 2013 20% The employer must apply any increase in minimum wages in this award resulting from an annual wage review. These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014. Minimum wages – existing minimum wage higher The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010: was obliged, but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged, or if it had been an employer in the industry or of the occupations covered by this award would have been obliged by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee. In this clause minimum wage includes: a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability; a piecework rate; and any applicable industry allowance. Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned. The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.