1 Fair Work Act 2009 cl.95, Schedule 1– FWC to vary certain modern awards Variation of modern awards to include a delegates’ rights term (AM2024/6) JUSTICE HATCHER, PRESIDENT SYDNEY, 18 JANUARY 2024 Variation of modern awards to include a delegates’ rights term for workplace delegates– Fair Work Legislation Amendment (Closing Loopholes) Act 2023 – commencing process to make a delegates’ rights term – draft timetable for comment. Introduction [1] The Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) (Closing Loopholes Act) received Royal Assent on 14 December 2023. The Closing Loopholes Act amends provisions of the Fair Work Act 2009 (Cth) (FW Act) relating to terms that must be included in modern awards. These amendments commenced operation from 15 December 2023 and provide that the Commission must make determinations varying modern awards so that they include a delegates’ rights term for workplace delegates by 30 June 2024. [2] My statement of 20 December 2023 outlines the Commission’s approach to the implementation of the Closing Loopholes Act amendments, including the requirement for the Commission to vary all modern awards to include a new delegates’ rights term. In my December statement, I noted that the process to create a delegates’ rights term will require significant consultation and engagement with stakeholders. This statement provides an overview of the legislative changes relating to workplace delegates’ rights and sets out a draft timetable for the consultation and engagement process. Overview of the changes [3] Division 1 of Part 7 in Schedule 1 to the Closing Loopholes Act specifies the rights of a ‘workplace delegate’ for the purposes of the FW Act and introduces new general protections specific to workplace delegates. The Division also requires modern awards, enterprise agreements and workplace determinations to include a ‘delegates’ rights term’. [4] The Senate Revised Explanatory Memorandum (EM) at [791] describes the amendments in Part 7 as follows: [2024] FWC 150 STATEMENT [2024] FWC 150 2 Part 7 would introduce new workplace rights and protections for workplace delegates, who are employees … appointed or elected under the rules of their employee organisation, to represent members in a particular enterprise. These new rights and protections would support their role in representing employees … in workplaces. It would provide for modern awards and future enterprise agreements to provide more detailed rights for specific industries, occupations and workplaces. It would also provide a new general protection for workplace delegates to facilitate the exercise of these rights. [5] The key changes relating to modern awards can be summarised as follows: • A new definition of delegates’ rights term has been inserted at s 12 of the FW Act. The definition provides that a delegates’ rights term means a term in a fair work instrument that provides for the exercise of the rights of workplace delegates. A legislative note to the definition points to the rights of workplace delegates as being set out in s 350C of the FW Act, and also provides that a delegates’ rights term must provide at least for the exercise of those rights. • A new s 149E requires that a modern award must include a delegates’ rights term for workplace delegates covered by the award. The new s 149E applies in relation to a modern award that is in operation on or after 1 July 2024, whether or not the award was made before that day. The application and transitional provisions clarify that a modern award is not invalid on or after 1 July 2024 only because it does not include a delegates’ rights term. [6] The new s 350C inserted by the Closing Loopholes Act is set out in full below: 350C Workplace delegates and their rights Meaning of workplace delegate (1) A workplace delegate is a person appointed or elected, in accordance with the rules of an employee organisation, to be a delegate or representative (however described) for members of the organisation who work in a particular enterprise. Rights of workplace delegates (2) The workplace delegate is entitled to represent the industrial interests of those members, and any other persons eligible to be such members, including in disputes with their employer. Note: This section does not create any obligation on a person to be represented by a workplace delegate. (3) The workplace delegate is entitled to: (a) reasonable communication with those members, and any other persons eligible to be such members, in relation to their industrial interests; and (b) for the purpose of representing those interests: (i) reasonable access to the workplace and workplace facilities where the enterprise is being carried on; and (ii) unless the employer of the workplace delegate is a small business employer— reasonable access to paid time, during normal working hours, for the purposes of related training. [2024] FWC 150 3 (4) The employer of the workplace delegate is taken to have afforded the workplace delegate the rights mentioned in subsection (3) if the employer has complied with the delegates’ rights term in the fair work instrument that applies to the workplace delegate. (5) Otherwise, in determining what is reasonable for the purposes of subsection (3), regard must be had to the following: (a) the size and nature of the enterprise; (b) the resources of the employer of the workplace delegate; (c) the facilities available at the enterprise. [7] The EM at [827] and [830] sets out an expectation that ‘… for most employees, modern awards and enterprise agreements would provide greater detail for particular industries, occupations and enterprises’, and that s 350C(4) would ensure, where this is the case, that: employers can rely on [the award or agreement term] as a complete statement of their obligations under new subsection 350C(3). [8] As noted above, the application and transitional provisions (clause 95 of Division 4 of the new Part 15 in Schedule 1 to the FW Act) provide that the Commission must, by 30 June 2024, make a determination varying modern awards that are, or will be, in operation on 1 July 2024 to include a delegates’ rights term. This means that all current modern awards must be varied to include a delegates’ rights term. A determination made in accordance with these provisions comes into operation and takes effect from 1 July 2024. The Commission is also required to publish the varied modern awards as soon as practicable after the variation is made. Current modern award terms dealing with delegates’ rights [9] Each of the 121 industry and occupational modern awards that were the subject of the 4 yearly review of modern awards includes model terms relating to: • consultation about major workplace change; • consultation about changes to rosters or hours of work; and • dispute resolution. [10] Each of these model terms deals with employee representatives. The standard model clauses are set out at Attachment A to this statement. [11] Staff of the Commission have also undertaken an audit of award specific terms across all modern awards and have identified additional terms that currently deal with workplace delegates, employee representatives and unions. The results of the staff audit are set out at Attachment B to this statement. [12] Many of the award specific terms identified in the audit relate to an entitlement to dispute resolution training leave. However, some are broader than this. For example, the Parliamentary Departments Staff Enterprise Award 2016 and the Australian Public Service Enterprise Award 2015 both provide for the involvement of unions (including nominated delegates) in negotiations about the implementation of facilitative provisions. [2024] FWC 150 4 Proposed timetable for varying modern awards [13] There are currently 121 industry and occupational modern awards (see Attachment C) and a further 34 modern awards that include the Australian Government Industry Award 2016 as well as enterprise modern awards and state reference public sector modern awards (see Attachment D). Each of these 155 instruments must be varied. [14] As discussed above, the Commission is required by the Closing Loophole Act amendments to make determinations varying modern awards by 30 June 2024. To accommodate this requirement, I propose the following timetable to facilitate consultation on the making of the required terms. In preparing the timetable, I have considered the draft timetable for the Annual Wage Review 2023-34 and the timetable for the Modern Awards Review 2023-24. Date Task or event Week beginning 19 February 2024 Consultations with peak councils 1 March 2024 Parties to lodge submissions and proposed workplace delegates’ rights terms including any award specific terms required 28 March 2024 Parties to lodge submissions in reply Week commencing 8 April 2024 Consultation sessions with interested parties Week beginning 6 May 2024 Draft award terms published for comment 17 May 2024 Comments on draft award terms due By 28 June 2024 Final determinations varying modern awards published 1 July 2024 Determinations come into operation [15] Any comments on the proposed timetable should be sent to awards@fwc.gov.au by 12:00 pm (AEDT) on Thursday 25 January 2024. Parties are also invited to comment on the audit at Attachment B and to identify whether there are any additional terms dealing with workplace delegates that have not been identified. I will issue a further statement in the week commencing 29 January 2023 either confirming or adjusting the timetable based on the comments received. [2024] FWC 150 5 Allocation to a Full Bench [16] Once the timetable has been finalised, this matter will be allocated to a Full Bench consisting of Vice President Asbury, Deputy President Binet and Commissioner Lim. PRESIDENT Printed by authority of the Commonwealth Government Printer <PR770391> [2024] FWC 150 6 Attachment A – Modern award model terms B. Consultation about major workplace change B.1 If an employer makes a definite decision to make major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must: (a) give notice of the changes to all employees who may be affected by them and their representatives (if any); and (b) discuss with affected employees and their representatives (if any): (i) the introduction of the changes; and (ii) their likely effect on employees; and (iii) measures to avoid or reduce the adverse effects of the changes on employees; and (c) commence discussions a soon as practicable after a definite decision has been made. B.2 For the purposes of the discussion under clause B.1(b), the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including: (a) their nature; and (b) their expected effect on employees; and (c) any other matters likely to affect employees. B.3 Clause B.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests. B.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause B.1(b). B.5 In clause B significant effects, on employees, includes any of the following: (a) termination of employment; or (b) major changes in the composition, operation or size of the employer’s workforce or in the skills required; or (c) loss of, or reduction in, job or promotion opportunities; or (d) loss of, or reduction in, job tenure; or [2024] FWC 150 7 (e) alteration of hours of work; or (f) the need for employees to be retrained or transferred to other work or locations; or (g) job restructuring. B.6 Where this award makes provision for alteration of any of the matters defined at clause B.5, such alteration is taken not to have significant effect. C. Consultation about changes to rosters or hours of work C.1 Clause C applies if an employer proposes to change the regular roster or ordinary hours of work of an employee, other than an employee whose working hours are irregular, sporadic or unpredictable. C.2 The employer must consult with any employees affected by the proposed change and their representatives (if any). C.3 For the purpose of the consultation, the employer must: (a) provide to the employees and representatives mentioned in clause C.2 information about the proposed change (for example, information about the nature of the change and when it is to begin); and (b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact. C.4 The employer must consider any views given under clause C.3(b). C.5 Clause C is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice. D. Dispute resolution D.1 Clause D sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES. D.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor. D.3 If the dispute is not resolved through discussion as mentioned in clause D.2, the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management, as appropriate. [2024] FWC 150 8 D.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses D.2 and D.3, a party to the dispute may refer it to the Fair Work Commission. D.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute, including mediation, conciliation and consent arbitration. D.6 If the dispute remains unresolved, the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute. D.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause D. D.8 While procedures are being followed under clause D in relation to a dispute: (a) work must continue in accordance with this award and the Act; and (b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work, whether at the same or another workplace, that is safe and appropriate for the employee to perform. D.9 Clause D.8 is subject to any applicable work health and safety legislation NOTE 1: In addition to clause D, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act. NOTE 2: In addition to clause D, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.1 9 Attachment B – Award specific terms dealing with workplace delegates Award title Award code Existing award terms Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 MA000115 NA Aboriginal Legal Rights Movement Award 2016 MA000139 7. Award flexibility 7.1 Where an employer or employees wish to pursue an agreement at the enterprise or workplace about how the award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs the following process shall apply: (a) a consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established; (b) for the purpose of the consultative process the employees may nominate the Union or another to represent them; and (c) where agreement is reached an application shall be made to the Commission. 10. Redundancy disputes procedure 10.2 Where a redundancy dispute arises the employer must, if it has not already done so, provide affected employees and the relevant union or unions (if requested by an affected employee) in good time, with relevant information including: (a) the reasons for any proposed redundancy; (b) the number and categories of workers likely to be affected; and (c) the period over which any proposed redundancies are intended to be carried out. 26.4 Facilitative provisions [2024] FWC 150 10 Award title Award code Existing award terms (a) The Movement, with the agreement of employees or where represented, their unions and/or their employee representatives, may substitute another day for any day prescribed in this clause. (b) The Movement and the employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees will constitute agreement. (c) An agreement pursuant to clause 26.4(b) must be recorded in writing and be available to every affected employee. (d) Unions who are entitled to represent employees covered by this award must be informed of an agreement pursuant to 26.4(b) and may within seven days refuse to accept it. The unions will not unreasonably refuse to accept the agreement. Aged Care Award 2010 MA000018 NA Air Pilots Award 2020 MA000046 15. Hours of work, days off and rest periods 15.2 Hours of work, days off and rest periods will be determined in accordance with the following provided that ordinary hours of work must not average more than 38 per week: (a) the regulations approved by CASA from time to time; (b) general or employer-specific exemptions to, or concessions under, the regulations approved by CASA from time to time; or (c) a Fatigue Risk Management System (FRMS) that has been developed by the employer after consultation with the affected pilots and/or their representatives and approved by CASA to apply to particular employers and employees. Schedule D — Sector Specific Conditions—Helicopter Operations—Pilots D.5.6 Travelling and working away from home base (a) Consultation must occur between pilots and/or their representative before establishing hotel accommodation and/or arrangements for meals at new overnight points or before changing existing arrangements for meals and/or accommodation. [2024] FWC 150 11 Award title Award code Existing award terms D.6.6 Travelling and working away from home base (a) Consultation must occur with pilots and/or their representatives before establishing hotel accommodation and/or arrangements for meals at new overnight points or before changing existing arrangements for meals and/or accommodation. Aircraft Cabin Crew Award 2020 MA000047 7. Facilitative provisions 7.1 This award contains facilitative provisions that allow agreement between an employer and cabin crew members and their representatives on how specific award provisions are to apply at the workplace or part or parts of it. 7.2 The specific award provisions establish both the standard award condition and the framework within which agreement can be reached as to how the particular provisions should be applied in practice. Facilitative provisions are not to be used as a device to avoid award obligations nor should they result in unfairness to a cabin crew member or cabin crew members covered by this award. 7.3 If a facilitative provision requires agreement between the employer and the majority of cabin crew members and their representatives in the workplace or part or parts of it and agreement is reached, the agreement binds all cabin crew members in that workplace or part or parts of it. Airline Operations- Ground Staff Award 2020 MA000048 15. Rostering arrangements (c) Introduction of 12 hour shifts By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to: (i) proper health monitoring procedures being introduced; (ii) suitable roster arrangements being made; (iii) proper supervision being provided; (iv) adequate breaks being provided; and (v) a trial or review process being jointly implemented by the employer and the employees or their representatives. Airport Employees Award 2020 MA000049 7. Facilitative provisions [2024] FWC 150 12 Award title Award code Existing award terms 7.7 If an employee is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions specified in clause 7.5. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements. 5. Facilitative Provisions 35. Dispute resolution procedure training leave 35.1 An employee representative must be granted leave of absence with pay to undertake training, on condition that: (a) the content of the training will enhance the representative’s role in dispute resolution, consistent with the procedures of clause 34 — Dispute resolution (b) the airport’s operating requirements permit the grant of leave; (c) payment for the leave will not include shift and penalty payments or overtime; and (d) the leave will count as service for all purposes. Airservices Australia Enterprise Award 2016 MA000141 5. Facilitative Provisions 5.4 The following conditions apply to the use of facilitative provisions: (a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with Airservices about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements; … [2024] FWC 150 13 Award title Award code Existing award terms 27. Dispute resolution 27.7 Where the provisions of clause 27.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 27.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 27.2 and will not suffer any loss of pay in respect of the absence. 27.8 To assist in the resolution of disputes, an employee representative, referred to in clause 27.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave to attend a course will be subject to operational requirements. (a) The specific training course will be agreed between the employer and the individual employee (b) An employee representative granted leave of absence under clause 27.8 will not suffer any loss of pay. Alpine Resorts Award 2020 MA000092 NA Aluminium Industry Award 2020 MA000060 NA Ambulance and Patient Transport Industry Award 2020 MA000098 NA Amusement, Events and Recreation Award 2020 MA000080 NA Animal Care and Veterinary Services Award 2020 MA000118 NA Aquaculture Industry Award 2020 MA000114 NA [2024] FWC 150 14 Award title Award code Existing award terms Architects Award 2020 MA000079 NA Asphalt Industry Award 2020 MA000054 NA Australia Post Enterprise Award 2015 MA000137 12. Dispute Resolution 12.7 To assist in the resolution of disputes in Australia Post a union delegate/employee representative, referred to in 12.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of Australia Post. 13. Notice boards To facilitate work related communication between employees and their union and/or employee representatives at the workplace, Australia Post will permit the use of notice boards. Australia Post retains the right to reject and remove the posting of any material which is not in relation to agreements or award related issues. 22. Classifications 22.2 Work Level Standards Employees are to be classified in accordance with relevant work level standards where such standards exist, provided that Australia Post may, following consultation with the employees and their representatives, if any, apply to the FWC to replace any existing work level standards with a new classification structure for inclusion in the award Australian Broadcasting Corporation Enterprise Award 2016 MA000147 7. Facilitative provisions 7.2 An employee may be represented by the relevant union in meeting and conferring with the ABC about the implementation of the relevant facilitative provision. 9. Dispute resolution 9.7 Leave of absence to attend proceedings Where the provisions of this clause have been complied with but they have failed to resolve the dispute and the matter has subsequently been referred to the Fair Work Commission, an employee who is appointed to accompany or represent another employee pursuant to clause 9.5 [2024] FWC 150 15 Award title Award code Existing award terms will be granted leave of absence to attend the Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 9.2 and will not suffer any loss of pay in respect of that absence. 9.8 Leave of absence to attend courses To assist in the resolution of disputes in the ABC an employee representative referred to in 9.5 will be granted leave of absence (without loss of pay) to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the ABC and the specific training course will be agreed between the ABC and the individual employee. 20. Classifications and rates of pay 20.3 Work level standards Assessment of the appropriate job classification structures and levels will be in accordance with the relevant Work Level Standards (“ WLS ” ). The WLS contain job classification standards for those job classifications covered by this Part. Any proposed variation to the WLS will be the subject of consultation between the ABC and the relevant union. The parties will deal with any dispute consistent with clause 9 — Dispute resolution. 20.4 Conditions for advancement (a) The competency based advancement of the following classifications will be in accordance with the Procedures for the Advancement of Employees: (i) Broadcaster; (ii) Production Support Officer (TV); (iii) TOPO; and (iv) Producers. (b) The Procedures for the Advancement of Employees contain assessment structures and procedures for the advancement of Employees who fall within the classifications listed in 20.4(a). Any proposed variation to the Procedures for the Advancement of Employees [2024] FWC 150 16 Award title Award code Existing award terms will be the subject of consultation between the ABC and the relevant union. The parties will deal with any dispute consistent with clause 9 — Dispute resolution 21. Facilitative provisions 21.1 A facilitative provision is one which provides that the standard approach in an award provision may be departed from by agreement between the ABC and the relevant union and/or an employee, or the majority of employees, in the enterprise or workplace concerned. 34. Cadets 34.16 In addition a cadet may apply for leave of absence for study or examination leave in accordance with ABC policy, as amended from time to time, to attend at an Australian university or college of advanced education for a course of the diploma of journalist or other courses approved by the ABC and the relevant union. 39.2 If the time permitted for a meal is less than one hour, no time will be deducted, except where special arrangements have been agreed between the ABC and the relevant union. No more than one hour may be deducted in any day. 83.7 For the purpose of this award, a week will be deemed to be Monday to Sunday unless the ABC notifies the relevant union in writing that another seven consecutive day period will be deemed to be the week for a particular production. 87. Allowances and special rates 87.4 Repeat and residual payments For those recorded programmes for which an artist may receive future payment in accordance with the provisions of clauses 76.2 and 76.3 , and 87.1 to 87.3 of this award the Corporation will notify the relevant union of the date of the first transmission and the number of times the programme has been transmitted on each metropolitan station up to the date of the relevant [2024] FWC 150 17 Award title Award code Existing award terms union’s request. This information will be provided subject to a reasonable request by the relevant union and will be provided to the union within ten days of that request. 87.6 When the ABC sells or licences a television programme made by the ABC to an Australian pay or subscription television service, the actors engaged in the original recording of the programme must jointly, subject to agreement from the relevant union, be paid an amount equal to 16 2/3% of the gross revenue of the sale or licence of the programme. Australian Bureau of Statistics (Interviewers) Enterprise Award 2016 MA000143 19. Dispute resolution 19.7 Leave of absence to attend proceedings Where the provisions of clause 19.1 have been complied with, and to assist in the resolution of the matter, an Interviewer who is appointed to accompany or represent another Interviewer pursuant to clause 19.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 19.2 and will not suffer any loss of pay in respect of the absence. 19.8 Leave of absence to attend courses (a) To assist in the resolution of disputes in an agency, an Interviewer representative, referred to in clause 19.5 , will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the Agency. (b) The specific training course will be agreed between the employer and the individual Interviewer. (c) An Interviewer representative granted leave of absence under clause 19.8 will not suffer any loss of pay. [2024] FWC 150 18 Award title Award code Existing award terms Australian Capital Territory Public Sector Enterprise Award 2016 MA000146 5. Facilitative provisions 5.4 The following conditions apply to the use of facilitative provisions: (a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the director-general about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements; (b) where the director-general proposes to use the facilitative provision in paragraph 8.2(k)(i), the director-general must inform the relevant union(s); 12. Allowances 12.5 Office Disturbance allowance (b) In situations where disabilities exist at a particular office location due to unavoidable or other particular circumstances: (i) the employer and union or other employee representatives will negotiate without delay on the payment of an appropriate disability allowance as set out in subclauses 12.22 and 12.23 [2024] FWC 150 19 Award title Award code Existing award terms 27. Dispute resolution 27.7 Leave of absence to attend proceedings Where the provisions of subclause 27.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to subclause 27.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with subclause 27.2 and will not suffer any loss of pay in respect of the absence. 27.8 Leave of absence to attend courses (a) To assist in the resolution of disputes in a directorate or agency, an employee representative, referred to in subclause 27.5 , will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the directorate or agency. (b) The specific training course will be agreed between the employer and the individual employee. (c) An employee representative granted leave of absence under paragraph 27.8(a) will not suffer any loss of pay. Schedule E — Definitions Union means a union which can represent the industrial interests of the employee(s) concerned and has one or more members employed in the directorate or agency in which the employee(s) are employed and, where appropriate, includes the relevant national union official or nominated delegate [2024] FWC 150 20 Award title Award code Existing award terms Australian Federal Police Enterprise Award 2016 MA000142 24. Dispute resolution 24.7 Leave of absence to attend proceedings Where the provisions of clause 24.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 24.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 24.2 and will not suffer any loss of pay in respect of the absence. 24.8 Leave of absence to attend courses (a) To assist in the resolution of disputes in an agency, an employee representative, referred to in clause 24.5 , will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the Agency. (b) The specific training course will be agreed between the employer and the individual employee. 24.9 An employee representative granted leave of absence under clause 24.8 will not suffer any loss of pay. Australian Government Industry Award 2016 MA000153 6. Facilitative provisions 6.4 The following conditions apply to the use of facilitative provisions: (a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements; … [2024] FWC 150 21 Award title Award code Existing award terms 8. Dispute resolution 8.7 Leave of absence to attend proceedings Where the provisions of clause 8.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 8.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 8.2 and will not suffer any loss of pay in respect of the absence. 8.8 Leave of absence to attend courses (a) To assist in the resolution of disputes in a workplace, an employee representative, referred to in clause 8.5 , will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the employer. (b) The specific training course will be agreed between the employer and the individual employee. (c) An employee representative granted a leave of absence under clause 8.8(a) will not suffer any loss of pay. I.10 Shift work I.10.2 Introduction of shift work or a new roster or arrangement of shift cycles, may be approved, after consultation with the relevant unions and employees. Employees will be given a minimum seven days prior notice before the introduction of a new roster. O.12.5 Averaged shift penalties SBS and a majority of affected employees may agree on a rate of averaged shift penalties to be paid over an agreed cycle. The union will be given reasonable opportunity to represent its members in negotiations on averaged shift penalties proposals. Australian Nuclear Science and Technology Organisation (ANSTO) Enterprise Award 2016 MA000144 8.9(k) Local agreements (i) The Executive Director or delegated management, union representatives and a majority of employees in a work area or areas may enter into local agreements on the operation of flextime. [2024] FWC 150 22 Award title Award code Existing award terms 25. Dispute resolution 25.6 Leave to attend courses To assist in the resolution of disputes in the workplace, a representative, will be granted leave of absence to attend courses conducted by an accredited training provider which are specifically directed towards effective dispute resolution. The specific training course will be agreed between the employer and the individual employee. 25.7 A union delegate/employee representative granted leave of absence under clause 25.6 will not suffer any loss of pay. 25.8 Leave to attend proceedings Leave of absence will be granted to an employee participating in any industrial proceedings under the Fair Work Act. The leave will be only for such a time as that employee is necessarily absent from duty. 25.9 A union delegate/employee representative granted leave of absence under clause 25.8 will not suffer any loss of pay. Australian Public Service Enterprise Award 2015 MA000124 5. Facilitative provisions 5.4 The following conditions apply to the use of facilitative provisions: (a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the Agency Head about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements; (b) where the Agency Head proposes to use the facilitative provision in clause 8.3(d) , the Agency Head must inform the relevant union(s); … [2024] FWC 150 23 Award title Award code Existing award terms 26. Dispute resolution 26.7 Leave of absence to attend proceedings Where the provisions of clause 26.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 26.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 26.2 and will not suffer any loss of pay in respect of the absence. 26.8 Leave of absence to attend courses (a) To assist in the resolution of disputes in an agency, an employee representative, referred to in clause 26.5, will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the Agency. (b) The specific training course will be agreed between the employer and the individual employee. (c) An employee representative granted leave of absence under clause 26.8 will not suffer any loss of pay. Schedule E — Definitions union means a union which can represent the industrial interests of the employee(s) concerned and has one or more members employed in the Agency in which the employee(s) are employed and, where appropriate, includes the relevant national union official or nominated delegate Banking, Finance and Insurance Award 2020 MA000019 NA Black Coal Mining Industry Award 2020 MA000001 NA Book Industry Award 2020 MA000078 NA [2024] FWC 150 24 Award title Award code Existing award terms Broadcasting, Recorded Entertainment and Cinemas Award 2020 MA000091 NA Building and Construction General On-site Award 2020 MA000020 39. Dispute resolution 39.7 A party to the dispute may appoint a person, organisation or association to support and/or represent them in any discussion or process under clause 39. 39.10 Dispute resolution procedure training leave (a) For the purpose of clause 39.10 , an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure. Business Equipment Award 2020 MA000021 NA Car Parking Award 2020 MA000095 NA Cement, Lime and Quarrying Award 2020 MA000055 NA Cemetery Industry Award 2020 MA000070 NA Children's Services Award 2010 MA000120 NA Christmas Island Administration Enterprise Award 2016 MA000149 23. Dispute resolution 23.7 Leave of absence to attend courses A union or employee representative shall be granted paid leave of absence of up to one week, to attend short courses conducted by a recognised training provider, that are specifically directed towards effective dispute resolution. The grant of leave shall be subject to the operating requirements of the employer. [2024] FWC 150 25 Award title Award code Existing award terms 23.8 The training course shall be agreed between the employer, the employee and the union . 23.9 Where the agreed course is located in Perth, the employer shall reimburse half the cost of a return economy airfare from Christmas Island to Perth. 23.10 In any one year, no more than two employees shall be entitled to paid leave under this clause. 23.11 A union or employee representative who is involved in a dispute shall be granted paid leave of absence to attend any FWC proceedings that deal with that dispute. Chullora Printing Award 2015 MA000127 NA Cleaning Services Award 2020 MA000022 29. Consultation about change of contract 29.1 Clause 29 applies where an employer decides not to seek a renewal of a contract to perform cleaning services or is notified that such a contract to which the employer is a party is to be, or is likely to be, terminated. … 29.8 The incoming contractor must, as soon as practicable after making any offer of employment to employees of the outgoing contractor, give written notice of the offer and its terms to the outgoing contractor and to any representative, including a relevant union, nominated by the employee. 31. Dispute resolution procedure training leave 31.7 An eligible employee representative is an employee who is (a) a shop steward, delegate or employee representative duly elected or appointed by employees in that enterprise or workplace to represent them in the dispute resolution procedure; … Clerks—Private Sector Award 2020 MA000002 NA Coal Export Terminals Award 2020 MA000045 NA [2024] FWC 150 26 Award title Award code Existing award terms Commercial Sales Award 2020 MA000083 NA Concrete Products Award 2020 MA000056 31. Dispute resolution procedure training leave 31.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee: (a) who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure … Contract Call Centres Award 2020 MA000023 31. Dispute resolution procedure training leave 31.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is a: (a) shop steward, a delegate or an employee representative duly elected or appointed by the employees in a workplace generally or collectively for all or part of a workplace for the purpose of representing those employees in the dispute resolution procedure … Corrections and Detention (Private Sector) Award 2020 MA000110 NA Cotton Ginning Award 2020 MA000024 NA CSIRO Enterprise Award 2016 MA000148 24. Dispute resolution 24.6 Leave of absence to attend proceedings Where the provisions of 24.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 24.5 will be granted paid leave of absence to attend Fair Work Commission proceedings arising from referral of the matter in 24.2. 24.7 Leave of absence to attend short courses [2024] FWC 150 27 Award title Award code Existing award terms To assist in the resolution of disputes, a representative referred to in clause 24.5 may be granted leave of absence on full pay to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of CSIRO. Dredging Industry Award 2020 MA000085 NA Dry Cleaning and Laundry Industry Award 2020 MA000096 NA Educational Services (Post-Secondary Education) Award 2020 MA000075 NA Educational Services (Schools) General Staff Award 2020 MA000076 NA Educational Services (Teachers) Award 2020 MA000077 NA Electrical Power Industry Award 2020 MA000088 30. Dispute resolution procedure training leave 30.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee: (a) who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure; … Electrical, Electronic and Communications Contracting Award 2020 MA000025 15.2 Conference procedure for inclement weather The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in clause 15 apply. [2024] FWC 150 28 Award title Award code Existing award terms Fast Food Industry Award 2020 MA000003 NA Fire Fighting Industry Award 2020 MA000111 32.10 Dispute resolution training leave (a) An employee elected by employees in a workplace to represent them in dealings with the employer will be granted leave on full pay for up to 5 days per calendar year for the purpose of attending training courses that will enable the employee’s representative to perform or better perform their duties. … Fitness Industry Award 2020 MA000094 NA Food, Beverage and Tobacco Manufacturing Award 2020 MA000073 7. Facilitative provisions 7.4(c)(ii) The additional safeguard requires that the unions which have members employed at an enterprise covered by this award must be informed by the employer of the intention to use the facilitative provision and be given a reasonable opportunity to participate in the negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise. 12.5 Methods of arranging ordinary working hours (c) Twelve hour days or shifts By agreement between an employer and the majority of employees in the enterprise or part of the enterprise concerned, 12 hour days or shifts may be introduced subject to: (i) proper health monitoring procedures being introduced; (ii) suitable roster arrangements being made; (iii) proper supervision being provided; (iv) adequate breaks being provided; and (v) a trial or review process being jointly implemented by the employer and the employees or their representatives. Funeral Industry Award 2020 MA000105 NA [2024] FWC 150 29 Award title Award code Existing award terms Gardening and Landscaping Services Award 2020 MA000101 NA Gas Industry Award 2020 MA000061 NA General Retail Industry Award 2020 MA000004 NA GrainCorp Country Operations Award 2015 MA000138 NA Graphic Arts, Printing and Publishing Award 2020 MA000026 7.3 Levels of facilitative provisions (b) Level 2 (i) An employee or employees and the employer agree on the application of an award clause. The employee(s) may request the assistance of a union or other representative and that representative must be given a reasonable opportunity to participate in the discussions leading up to any agreement. A representative’s involvement in this process does not mean that the consent of the representative is required prior to the introduction of agreed facilitative arrangements at the enterprise. (c) Level 3 (i) Where a union has members employed at an enterprise covered by the award the union/s must be informed by the employer of the intention to use the facilitative provision and must be given a reasonable opportunity to participate in the negotiations. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise. 40. Dispute resolution procedure training leave 40.1 Subject to the provisions of clause 40 a union delegate or duly elected employee representative will be entitled to up to 5 days’ training leave with pay each calendar year, non- cumulative, to receive training directed at the enhancement of the operation of dispute settling procedures. Hair and Beauty Industry Award 2020 MA000005 NA [2024] FWC 150 30 Award title Award code Existing award terms Health Professionals and Support Services Award 2020 MA000027 NA Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Award 2018 MA000157 9. Dispute resolution 9.7 Settlement of disputes—training leave (a) A union representative, or other employee selected by the union, shall be entitled to, and the employer shall grant, up to five days’ leave with pay each calendar year, non- cumulative, to attend courses conducted by an accredited training provider and, approved by the union or TUTA (Inc) on the following conditions: (i) the scope, content and level of the courses are directed to the enhancement of the operation of the settlement of dispute/dispute settlement procedure/s; (ii) that two weeks’ period of notice is provided to the employer; (iii) the taking of leave is arranged having regard to the operational requirements of the employer; (iv) the union representative, or other union nominee, taking such leave shall be paid “full pay”; • Full pay is the award rate of pay for normal rostered hours plus experience/service payments plus allowances which are deemed to be part of pay for all purposes, but excluding shiftwork, overtime and other allowances. • leave of absence granted pursuant to this clause shall count as service for all purposes of this award. (b) Notwithstanding clause 9.7(a) , leave of absence in accordance with the clause in excess of five days and up to ten days may be granted in that year and in the subsequent year not exceeding ten days. (c) Leave of absence in accordance with this clause may include any necessary travelling time in normal hours immediately before or after the course. Higher Education Industry-Academic Staff- Award 2020 MA000006 NA [2024] FWC 150 31 Award title Award code Existing award terms Higher Education Industry-General Staff- Award 2020 MA000007 NA Horse and Greyhound Training Award 2020 MA000008 NA Horticulture Award 2020 MA000028 NA Hospitality Industry (General) Award 2020 MA000009 NA Hydrocarbons Field Geologists Award 2020 MA000064 NA Hydrocarbons Industry (Upstream) Award 2020 MA000062 NA Joinery and Building Trades Award 2020 MA000029 26. Alternative working arrangement 26.1(a) where employees employed at the enterprise, factory, workshop or section request that the employer consult with their representatives on the proposed alteration, that consultation takes place at least 5 days prior to the introduction of the proposed alteration; … Journalists Published Media Award 2020 MA000067 NA Labour Market Assistance Industry Award 2020 MA000099 NA Legal Services Award 2020 MA000116 NA Live Performance Award 2020 MA000081 NA [2024] FWC 150 32 Award title Award code Existing award terms Local Government Industry Award 2020 MA000112 31.10 Dispute Resolution Training Leave (f) An eligible employee is defined as a full-time or part-time employee: (i) who is a union delegate, who has been duly appointed by a union and the employer has been formally notified of that appointment … Mannequins and Models Award 2020 MA000117 NA Manufacturing and Associated Industries and Occupations Award 2020 MA000010 7. Facilitative provisions 7.4(c)(ii) The additional safeguard requires that the unions which have members employed at an enterprise covered by this award must be informed by the employer of the intention to use the facilitative provision and be given a reasonable opportunity to participate in the negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise. 44. Dispute resolution procedure training leave 44.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee: (a) who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure … Marine Tourism and Charter Vessels Award 2020 MA000093 NA Marine Towage Award 2020 MA000050 NA Maritime Offshore Oil and Gas Award 2020 MA000086 NA [2024] FWC 150 33 Award title Award code Existing award terms Market and Social Research Award 2020 MA000030 NA Meat Industry Award 2020 MA000059 7. Facilitative provisions 7.3(b)(ii) unions which have members employed at an enterprise covered by this award must be informed by the employer of the intention to use the facilitative provision and be given a reasonable opportunity to participate in negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise. 18. Payment by results 18.13 If an employee is a member of a union, the employee may be represented by a union in meeting and conferring with the employer about the implementation of clause 18, and in such case, the union must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of clause 18. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed arrangements Medical Practitioners Award 2020 MA000031 NA Metropolitan Newspapers (South Australia and Tasmania) Printing Award 2015 MA000130 10. Dispute Resolution Leave and Training Leave 10.1 A delegate and any affected employee(s) must be allowed a reasonable period of paid time off during working hours for the purpose of holding discussions with any duly accredited union officials in relation to the resolution of the dispute, provided that such discussions do not adversely affect normal production. 10.2 Training (a) A chapel or other employee representative will be entitled to up to five (5) days’ paid training leave each calendar year, non-cumulative, to attend courses conducted by an accredited training provider, approved by the union, which are directed at the enhancement of the operation of dispute settling machinery. [2024] FWC 150 34 Award title Award code Existing award terms 31. Rosters 31.1 A roster of shifts to be worked in each department of a respondent employer’s premises shall be compiled one week prior to the commencement of the shift after consultation between representatives of the employer and the Chapel or other employee representative, save and except for the production of the Sunday Mail so far as the press room, publishing and store are concerned, the requirement to be rostered on the Saturday will depend on the size of the Sunday Mail. Such roster shall indicate to each employee the shifts they are required to work in each week. Mining Industry Award 2020 MA000011 NA Miscellaneous Award 2020 MA000104 NA Mobile Crane Hiring Award 2020 MA000032 13. Rostering arrangements 13.5 Where a majority of the employees request that their representative is to be consulted, consultation will take place at least 5 days prior to the alternate rostered day off being implemented. 19. Accident pay 19.15 An employee upon receiving an injury for which the employee claims to be entitled to receive accident pay shall give notice in writing of the said injury to the employer as soon as reasonably practicable after the occurrence; provided that such notice may be given by a representative of the employee. Northern Territory News Award 2015 MA000129 10. Trade union training leave A Chapel officer wishing to attend any approved trade union course shall be allowed reasonable time off with pay to attend such course, providing the course is associated with dispute settling procedures [2024] FWC 150 35 Award title Award code Existing award terms A.1.3 Training structure (a) Topics which could be suitable for such introductory training for new permanent employees include: (i) Information on the broad industry, conditions of employment, welfare facilities, introduction to supervisors and other employees, career paths and opportunities, training options, features of the enterprise, basic occupational health and safety procedures, plant layout and workshop procedures, union organisation, administration procedures and equal employment. … Northern Territory Public Sector Enterprise Award 2016 MA000151 5. Facilitative provisions 5.4(a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the employer about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements; 24.19 Facilitative provisions Where the union, or other employee nominated representative, the employee, and the Commissioner agree, provisions may be applied to a potentially surplus employee or surplus employee which are in addition to, or in substitution for, any or all of the provisions prescribed in this award. 27. Grievance and dispute resolution training 27.1 Subject to clause 27.3, leave of absence will be granted to an employee to attend short training courses or seminars on the following conditions: (a) that Agency operating requirements permit the grant of leave; and (b) that the scope, content and level of the short course or seminar are directed to a better understanding of grievance handling and dispute resolution. [2024] FWC 150 36 Award title Award code Existing award terms 27.2 Leave granted under clause 27.1 will be with full pay at ordinary time, excluding shift, penalty or overtime payments, and will count as service for all purposes. Schedule A — Definitions employee representative means a representative chosen by the employee, which may be a union representative union(s) means a union which can represent the industrial interests of the employee(s) concerned and has one or more members employed in the Agency in which the employee(s) are employed and, where appropriate, includes the relevant national union official or nominated delegate G.6 Unrostered overtime G.6.1 The medical administrator, in determining whether payment for such additional duty is justified, will have regard to criteria and such other guidelines as are agreed between the employer and the relevant union. Note Printing Australia Award 2016 MA000156 3. Definitions and interpretation JUWG is the Joint Union Working Group—a group comprised of delegates from the Unions 24. Payment of wages 24.2 By agreement made with the employees’ representatives, the employer may change the pay day or pay period providing that no employee shall suffer any financial disadvantage as a result of the change. 26. Ordinary hours of work and rostering 26.3 Ordinary hours and weekend work The ordinary hours of work shall be worked on not more than five days Monday to Friday inclusive of each week. Where agreement exists through the JUMWG and between the employer, the union or unions and the majority of employees in the work section or sections [2024] FWC 150 37 Award title Award code Existing award terms concerned, the ordinary hours of work may be arranged on any day of each week including Saturday and Sunday. 26.5 Extended hours (b) Where agreement exists through the JUMWG and between the employer, the union or unions and the employees in the work section or sections concerned, day work may be performed between the hours of 7 am and 7 pm where the ordinary hours of day work exceed eight hours and do not exceed 12 hours a day, subject to the arrangements listed in clause 27.4. 27. Shift work 27.3 Ordinary hours shift work (b) Where agreement exists through the JUMWG and between the employer and the union or unions and the majority of employees in the section or sections concerned, the ordinary hours of work may be arranged on any day of the week including Saturday and Sunday. 27.4 Extended hours shift work (b)(i) agreement is reached through the JUMWG and between the employer, the union or unions and the majority of employees on any appropriate rates to apply to extended shifts and not exceeding 12 hours per day. 35.3 Substitution of public holidays (e) By agreement between the employer, the Joint Union Working Group and the majority of employees in a particular section or sections concerned other days may be substituted for any of the days or substituted days provided for in clause 35.2 Nursery Award 2020 MA000033 NA Nurses (ANMF - Victorian Local Government) Award 2015 MA000131 NA [2024] FWC 150 38 Award title Award code Existing award terms Nurses and Midwives (Victoria) State Reference Public Sector Award 2015 MA000125 31. Public holidays 31.5 Substitution of one public holiday for another (c) The Unions covered by this award shall be informed of an agreement pursuant to clause 31.5(a) and may within seven days refuse to accept it. The Unions will not unreasonably refuse to accept the agreement. Nurses Award 2020 MA000034 NA Oil Refining and Manufacturing Award 2020 MA000072 NA Optus Award 2015 MA000133 Schedule B — Dispute Resolution B.3 Should the above steps fail to resolve the issue Optus acknowledges the employee’s right to raise issues with their union representatives who will then in the first instance seek redress through direct consultation with Optus Human Resource Management. B.5 Optus acknowledges the right of its employees to seek union representation at any stage of this process. [2024] FWC 150 39 Award title Award code Existing award terms Parliamentary Departments Staff Enterprise Award 2016 MA000145 5. Facilitative provisions 5.4 The following conditions apply to the use of facilitative provisions: (a) if one or more affected employees is a member of a relevant union, the employee may be represented by the union in meeting and conferring with the Secretary about the implementation of the facilitative provisions. The union must be given a reasonable opportunity to participate in the negotiations regarding the proposed implementation of a facilitative provision. Union involvement does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements; (b) where the Secretary proposes to use the facilitative provision in clause 8.3(d) , the Secretary must inform the relevant union(s); 25. Dispute resolution 25.7 Leave of absence to attend proceedings Where the provisions of clause 25.1 have been complied with, and to assist in the resolution of the matter, an employee who is appointed to accompany or represent another employee pursuant to clause 25.5 will be granted leave of absence to attend Fair Work Commission proceedings arising from a referral of a dispute in accordance with clause 25.2 and will not suffer any loss of pay in respect of the absence. 25.8 Leave of absence to attend courses (a) To assist in the resolution of disputes in a Department, an employee who accompanies or represents another employee pursuant to clause 25.5 , will be granted leave of absence to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the Department. (b) The specific training course will be agreed between the Secretary and the individual employee. (c) A employee representative granted leave of absence under this clause 25.8 will not suffer any loss of pay. [2024] FWC 150 40 Award title Award code Existing award terms Schedule E — Definitions Union means a union covered by this award and, where appropriate, includes the relevant national union official or nominated delegate. A relevant union is a union which can represent the industrial interests of the employee(s) concerned and has one or more members employed in the Department in which the employee(s) are employed Passenger Vehicle Transportation Award 2020 MA000063 NA Pastoral Award 2020 MA000035 NA Pest Control Industry Award 2020 MA000097 NA Pharmaceutical Industry Award 2020 MA000069 NA Pharmacy Industry Award 2020 MA000012 NA Plumbing and Fire Sprinklers Award 2020 MA000036 15.5(f) Rostered days off for employee working alongside other building and construction workers (i) In the case of employees working alongside other building construction workers, the RDO will be the 4th Monday in the cycle. (ii) By agreement in writing between an employer and its employees an alternative day in the 4 week cycle may be the RDO. If requested by the employees, the employer must inform the employee’s representative at least 5 working days before the agreement is implemented. [2024] FWC 150 41 Award title Award code Existing award terms 21.11(b) Conference procedure for inclement weather The employer or its representative, when requested by the employees or their representative, must confer within a reasonable time (which does not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in clause 21.11 apply 21.11(g)(i) Cessation and resumption of work At the time employees cease work due to inclement weather the employer or their representative on site and the employees’ representative will agree and note the time of cessation of work. 21.11 Additional wet weather procedure (i) Remaining on site Where, because of wet weather, the employees are prevented from working: • for more than an accumulated total of 4 hours of ordinary time in any one day; • after the meal break, as provided in clause 16.1, for more than an accumulated total of 50% of the normal afternoon work time; • during the final 2 hours of the normal work day for more than an accumulated total of one hour; the employer will not be entitled to require the employees to remain on site beyond the expiration of any of the above. Where, by agreement between the employer and/or their representative and the employees and/or their representative, the employees remain on site beyond the periods specified, any such additional wet time must be paid for but will not be debited against the employees’ hours. Wet time occurring during overtime will not be taken into account for the purposes of clause 21.11(i). Port Authorities Award 2020 MA000051 NA Ports, Harbours and Enclosed Water Vessels Award 2020 MA000052 NA [2024] FWC 150 42 Award title Award code Existing award terms Poultry Processing Award 2020 MA000074 NA Premixed Concrete Award 2020 MA000057 NA Printing Industry – Herald & Weekly Times – Production Award 2015 MA000126 9. Dispute resolution 9.6 A delegate and any affected employee(s) must be allowed a reasonable period of paid time off during working hours for the purpose of holding discussions with any duly accredited union officials in relation to the resolution of the dispute, provided that such discussions do not adversely affect normal production. 9.8 Training leave (a) A chapel or other employee representative will be entitled to up to five days' paid training leave each calendar year, non-cumulative, to attend courses conducted by an accredited training provider, approved by the union, which are directed at the enhancement of the operation of dispute settling machinery. 12.6 Public Holidays (c)(iii) The relevant union shall be informed of an agreement pursuant to clause 12.6 (c) (i) and may within seven days refuse to accept it. The union will not unreasonably refuse to accept the agreement. Professional Diving Industry (Industrial) Award 2020 MA000108 NA Professional Diving Industry (Recreational) Award 2020 MA000109 NA Professional Employees Award 2020 MA000065 NA [2024] FWC 150 43 Award title Award code Existing award terms Queensland Newspapers Pty Ltd Printing (Murarrie) Award 2015 MA000128 NA Racing Clubs Events Award 2020 MA000013 NA Racing Industry Ground Maintenance Award 2020 MA000014 NA Rail Industry Award 2020 MA000015 NA Real Estate Industry Award 2020 MA000106 NA Registered and Licensed Clubs Award 2020 MA000058 NA Reserve Bank of Australia Award 2016 MA000140 14.6 Higher duties (a) An Employee who, at the direction of the Bank, performs the duties of a higher classified position(s) for six or more consecutive working days shall, for that period, be paid the minimum rate of salary attaching to the higher position(s). Absences due to RDO’s, public holidays and business involving representation on behalf of Employees about workplace matters shall be counted as working days. Restaurant Industry Award 2020 MA000119 NA Road Transport (Long Distance Operations) Award 2020 MA000039 NA [2024] FWC 150 44 Award title Award code Existing award terms Road Transport and Distribution Award 2020 MA000038 33. Dispute resolution training leave 33.1 An eligible employee representative is entitled to, and must be granted, up to 5 days’ leave with pay each calendar year, non-cumulative, to attend courses which are specifically directed towards effective resolution of disputes regarding industrial matters under this award and/or industrial issues which arise at the workplace. A shop steward, delegate or employee representative will only be entitled to leave in accordance with clause 33 for bona fide courses. Salt Industry Award 2020 MA000107 NA Seafood Processing Award 2020 MA000068 NA Seagoing Industry Award 2020 MA000122 NA Security Services Industry Award 2020 MA000016 29. Consultation about change of contract 29.2 The employer must, at least 28 days (or as soon as practicable if that is later than 28 days) before the contract is due to end, give written notice of the situation to the affected employees and their representatives (if any), including the date on which the contract is due to end. Silviculture Award 2020 MA000040 NA Social, Community, Home Care and Disability Services Industry Award 2010 MA000100 NA Sporting Organisations Award 2020 MA000082 NA State Government Agencies Award 2020 MA000121 NA Stevedoring Industry Award 2020 MA000053 NA Storage Services and Wholesale Award 2020 MA000084 NA [2024] FWC 150 45 Award title Award code Existing award terms Sugar Industry Award 2020 MA000087 17. Minimum rates 17.3(c) Each piecework agreement must be in writing and signed by both parties and each employee will be supplied with a copy of such agreement free of charge and a copy of the mutual agreement will be provided to the employee’s representative, if any. 40. Dispute resolution procedure training leave 40.2 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure. B.4 Maintenance classification structure and definitions B.4.12(d)(i) management and employee representatives responsible for oversighting the implementation of competency standards within an enterprise must be given access to briefing and/or training courses on the competency standards and their implementation prior to implementation; [2024] FWC 150 46 Award title Award code Existing award terms Supported Employment Services Award 2020 MA000103 31. Rights at work for supported employees 31.1 When dealing with employment matters affecting supported employees the employer shall take all reasonable steps to provide such employees with the information they require to exercise their employment rights. 31.2 Such reasonable steps will include, but are not limited to, the following: (a) providing information to supported employees of their right to be a member of the union and be represented in the workplace by a union representative; (b) providing information in relation to seeking information and or assistance from the Fair Work Ombudsman; (c) providing information to a supported employee about their right to have their nominee, guardian, carer, parent or other family member, advocate or union assist them in making decisions about employment matters. 31.3 In addition to those matters listed in clause 31.2 the employer shall take reasonable steps to provide the opportunity to the supported employee to have their nominee, guardian, carer, parent or other family member, advocate or union involved in or consulted or act as the employee’s representative in employment matters that affect or may affect the supported employee’s interests. Surveying Award 2020 MA000066 7. Facilitative provisions 7.3 Facilitation by majority agreement (c) If there are employees of the enterprise covered by this award who are members of a union, the employer must inform the union/s of the intention to use the facilitative provision and the union/s must be given a reasonable opportunity to participate in negotiations regarding its use. Union involvement in this process does not mean that the consent of the union is required prior to the introduction of agreed facilitative arrangements at the enterprise. [2024] FWC 150 47 Award title Award code Existing award terms Telecommunications Services Award 2020 MA000041 31. Dispute resolution procedure training leave 31.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is: (a) a shop steward, a delegate or an employee representative, duly elected or appointed by the employees in a workplace, generally or collectively, for all or part of a workplace, for the purpose of representing those employees in the dispute resolution procedure Telstra Award 2015 MA000123 NA Textile, Clothing, Footwear and Associated Industries Award 2020 MA000017 2. Definitions union means the Textile, Clothing and Footwear Union of Australia and in Queensland may also include the Australian Workers Union. 7. Facilitative provisions 7.5 Procedure for seeking majority or individual agreement … (c) if an employee is a member of a union, the employee may be represented by that organisation in meeting and conferring with the employer about the implementation of the facilitative provisions; and (d) where the union is representing employee/s it must be given a reasonable opportunity to participate in negotiations regarding the proposed implementation of facilitative provisions. Involvement by the union does not mean that the consent of the representative is required prior to the introduction of the facilitative provisions. 21. Payment by results (PBR) 21.6 Fixing time standards (a) An employer must consult with the PBR employees who must be given adequate opportunity to consult their union or representative prior to the finalisation of any time standard fixed under clause 21.6 41. Dispute resolution training leave [2024] FWC 150 48 Award title Award code Existing award terms 41.7 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee: (a) who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure Schedule B — Classifications /Skill Levels Definitions B.2.9 Basic machine tasks … (c) Provided, however, for the purposes of this subpart, an employer will approach the relevant authorised officer of the relevant union where it is thought that the operation of any machine (other than a sock turner) only requires the performance of basic machine tasks (i.e. uncomplicated machine related tasks). (d) If the relevant authorised officer of the relevant union and the employer agree that the operation of the machine requires the use of basic machine tasks, they will record this agreement in writing. B.5.7 Sewing Machine Mechanic means an employee: (a) who has served an apprenticeship as such or who, in the view of the employer and the union, has undergone equivalent training and/or experience; B.5.8 Textile Mechanic means an employee: (a) who has served an apprenticeship as such or who, in the view of the employer and the union, has undergone equivalent training and/or experience; F.5 Minimum conditions for workers (a)(iii) regular part-time, with no less than 10 regular hours per week to be agreed between the principal and the worker with the consent of the Union in accordance with Schedule F. [2024] FWC 150 49 Award title Award code Existing award terms F.5.7 Stand-down … (d) Within 2 working days of a stand-down, a copy of the stand-down record must be provided to the worker and the Union. F.5.9 A principal must not make one or more arrangements covered by this schedule with more than 10 workers at any one time, unless the principal has the consent of the Union or the board of reference, which may exercise its discretion to allow the principal to do so. F.6 Registration and board of reference F.6.2 The board must consist of 2 Union representatives and 2 principal representatives with the addition of the General Manager or such person as they may nominate as chairperson of the board. In the event of the representative members of the board being equally divided in opinion, the chairperson may cast their vote to give a majority decision. Appendix to Schedule F —Information to be given to outworkers Hours of work An outworker may only be employed to work full - time, which is 38 hours a week, or regular part - time, which must be at least 15 hours per week or 10 hours per week (with the agreement of the outworker and the consent of the Union). The hours must be agreed to in advance by the outworker and the employer. [2024] FWC 150 50 Award title Award code Existing award terms Timber Industry Award 2020 MA000071 18. Rostering arrangements 18.1(b) Clause 18.1(a) is subject to the employer informing each union which has members employed at the particular enterprise of its intention to introduce an enterprise system of rostered day off flexibility and providing a reasonable opportunity for the union to participate in negotiations. 37. Dispute resolution procedure training 37.5 For the purpose of determining the entitlement of employee representatives to dispute resolution procedure training leave, an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace generally or collectively for all or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure. Transport (Cash in Transit) Award 2020 MA000042 31. Dispute resolution procedure training leave 31.7 For the purpose of clause 31, an eligible employee representative: (a) may be a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in a workplace generally or collectively for all or part of a workplace for the purpose of representing those employees in the dispute resolution procedure … Travelling Shows Award 2020 MA000102 NA [2024] FWC 150 51 Award title Award code Existing award terms Vehicle Repair, Services and Retail Award 2020 MA000089 2. Definitions employee representative means an employee elected or appointed by the employees in a workplace, which will include an employee appointed as shop steward in the area or department in which the employee is employed, for the purpose of representing the employees in matters arising from the application of provisions in this award. In the case of a shop steward being appointed, the responsible officer of the union concerned will provide written notification to the employer. Upon such notification, the employee will be recognised as the accredited representative of the union to which they belong. 20. Accident pay 20.3 Notice of injury When an employee receives an injury for which the employee claims to be entitled to payment under clause 20, the employee shall give notice in writing of the injury to the employer as soon as reasonably practicable after receiving the injury. Notice can be given by a representative of the employee. 22. Ordinary hours of work and rostering 22.5 Shifts in excess of 10 hours (a) By agreement between an employer and the majority of employees in the enterprise or part of the enterprise, arrangements involving the working of days or shifts in excess of 10 hours and up to 12 hours per day may be introduced subject to: … (a)(v) a trial or review process being jointly implemented by the employer and the employees or their representatives. Victorian Government Schools - Early Childhood - Award 2016 MA000152 NA Victorian Government Schools Award 2016 MA000155 NA [2024] FWC 150 52 Award title Award code Existing award terms Victorian Local Government (Early Childhood Education Employees) Award 2016 MA000150 NA Victorian Local Government Award 2015 MA000132 9.7 Dispute Resolution Training Leave (a) An eligible employee shall be entitled to a maximum of 5 days paid leave to attend courses which are specifically directed towards effective resolution of disputes regarding industrial matters under this award and /or industrial issues which arise at the workplace. (f) An eligible employee is defined as a full-time or part-time employee: (i) who is a union delegate, who has been duly appointed by a union and the employer has been formally notified of that appointment; and (ii) who has completed 12 months continuous service with the current employer. Victorian Public Service Award 2016 MA000135 NA Victorian State Government Agencies Award 2015 MA000134 27.7 Dispute resolution training leave To assist in the resolution of disputes at a workplace, an employee appointed to represent the employees will be granted leave to attend short courses conducted by a recognised training provider which are specifically directed towards effective dispute resolution. The grant of leave will be subject to the operating requirements of the agency. The specific training course will be agreed between the employer and the individual employee. An employee granted leave of absence under this subclause will not suffer any loss of pay. Viterra Bulk Handling and Storage of Grains, Pulses and Minerals Award 2015 MA000136 12. Redundancy 12.1 Discussion before redundancy (a) Where an employer has made a firm decision that the employer no longer requires the job the employees have been doing by anyone, and that decision may lead to termination of employment, the employer must have discussions, as soon as [2024] FWC 150 53 Award title Award code Existing award terms practicable, with the employees directly affected and their representative. Discussions must include: … 13. Classifications 13.2 The classifications set out in Schedule C and Schedule D —Skills Based Career Path will be reviewed by the employer every four years. The first four yearly review commenced in 2014. As part of this review process, the employer will consult with its employees and their representatives. 28. Dispute resolution procedure training leave 28.1 For the purpose of this clause, an eligible employee representative is an employee who is a shop steward, a delegate, or an employee representative duly elected or appointed by the employees in an enterprise or workplace or part of an enterprise or workplace for the purpose of representing those employees in the dispute resolution procedure. Waste Management Award 2020 MA000043 31. Dispute resolution training leave 31.1 An employee representative is entitled to leave with pay each calendar year, non- cumulative, to a maximum of 5 days per employee per year, to attend courses which are specifically directed towards effective resolution of disputes regarding industrial matters under this award and/or industrial issues which arise at the workplace. Union delegates and/or employee representatives are only entitled to leave in accordance with clause 31 for bona fide courses. Water Industry Award 2020 MA000113 NA Wine Industry Award 2020 MA000090 NA Wool Storage, Sampling and Testing Award 2020 MA000044 NA 54 Attachment C – List of 121 industry and occupational modern awards • Aboriginal and Torres Strait Islander Health Workers and Practitioners and Aboriginal Community Controlled Health Services Award 2020 • Aged Care Award 2010 • Air Pilots Award 2020 • Aircraft Cabin Crew Award 2020 • Airline Operations-Ground Staff Award 2020 • Airport Employees Award 2020 • Alpine Resorts Award 2020 • Aluminium Industry Award 2020 • Ambulance and Patient Transport Industry Award 2020 • Amusement, Events and Recreation Award 2020 • Animal Care and Veterinary Services Award 2020 • Aquaculture Industry Award 2020 • Architects Award 2020 • Asphalt Industry Award 2020 • Banking, Finance and Insurance Award 2020 • Black Coal Mining Industry Award 2020 • Book Industry Award 2020 • Broadcasting, Recorded Entertainment and Cinemas Award 2020 • Building and Construction General On-site Award 2020 • Business Equipment Award 2020 • Car Parking Award 2020 • Cement, Lime and Quarrying Award 2020 • Cemetery Industry Award 2020 • Children’s Services Award 2010 • Cleaning Services Award 2020 • Clerks—Private Sector Award 2020 • Coal Export Terminals Award 2020 • Commercial Sales Award 2020 • Concrete Products Award 2020 • Contract Call Centres Award 2020 • Corrections and Detention (Private Sector) Award 2020 • Cotton Ginning Award 2020 • Dredging Industry Award 2020 • Dry Cleaning and Laundry Industry Award 2020 • Educational Services (Post-Secondary Education) Award 2020 • Educational Services (Schools) General Staff Award 2020 • Educational Services (Teachers) Award 2020 • Electrical Power Industry Award 2020 • Electrical, Electronic and Communications Contracting Award 2020 • Fast Food Industry Award 2020 • Fire Fighting Industry Award 2020 • Fitness Industry Award 2020 • Food, Beverage and Tobacco Manufacturing Award 2020 • Funeral Industry Award 2020 • Gardening and Landscaping Services Award 2020 • Gas Industry Award 2020 • General Retail Industry Award 2020 • Graphic Arts, Printing and Publishing Award 2020 [2024] FWC 150 55 • Hair and Beauty Industry Award 2020 • Health Professionals and Support Services Award 2020 • Higher Education Industry-Academic Staff-Award 2020 • Higher Education Industry-General Staff-Award 2020 • Horse and Greyhound Training Award 2020 • Horticulture Award 2020 • Hospitality Industry (General) Award 2020 • Hydrocarbons Field Geologists Award 2020 • Hydrocarbons Industry (Upstream) Award 2020 • Joinery and Building Trades Award 2020 • Journalists Published Media Award 2020 • Labour Market Assistance Industry Award 2020 • Legal Services Award 2020 • Live Performance Award 2020 • Local Government Industry Award 2020 • Mannequins and Models Award 2020 • Manufacturing and Associated Industries and Occupations Award 2020 • Marine Tourism and Charter Vessels Award 2020 • Marine Towage Award 2020 • Maritime Offshore Oil and Gas Award 2020 • Market and Social Research Award 2020 • Meat Industry Award 2020 • Medical Practitioners Award 2020 • Mining Industry Award 2020 • Miscellaneous Award 2020 • Mobile Crane Hiring Award 2020 • Nursery Award 2020 • Nurses Award 2020 • Oil Refining and Manufacturing Award 2020 • Passenger Vehicle Transportation Award 2020 • Pastoral Award 2020 • Pest Control Industry Award 2020 • Pharmaceutical Industry Award 2020 • Pharmacy Industry Award 2020 • Plumbing and Fire Sprinklers Award 2020 • Port Authorities Award 2020 • Ports, Harbours and Enclosed Water Vessels Award 2020 • Poultry Processing Award 2020 • Premixed Concrete Award 2020 • Professional Diving Industry (Industrial) Award 2020 • Professional Diving Industry (Recreational) Award 2020 • Professional Employees Award 2020 • Racing Clubs Events Award 2020 • Racing Industry Ground Maintenance Award 2020 • Rail Industry Award 2020 • Real Estate Industry Award 2020 • Registered and Licensed Clubs Award 2020 • Restaurant Industry Award 2020 [2024] FWC 150 56 • Road Transport (Long Distance Operations) Award 2020 • Road Transport and Distribution Award 2020 • Salt Industry Award 2020 • Seafood Processing Award 2020 • Seagoing Industry Award 2020 • Security Services Industry Award 2020 • Silviculture Award 2020 • Social, Community, Home Care and Disability Services Industry Award 2010 • Sporting Organisations Award 2020 • State Government Agencies Award 2020 • Stevedoring Industry Award 2020 • Storage Services and Wholesale Award 2020 • Sugar Industry Award 2020 • Supported Employment Services Award 2020 • Surveying Award 2020 • Telecommunications Services Award 2020 • Textile, Clothing, Footwear and Associated Industries Award 2020 • Timber Industry Award 2020 • Transport (Cash in Transit) Award 2020 • Travelling Shows Award 2020 • Vehicle Repair, Services and Retail Award 2020 • Waste Management Award 2020 • Water Industry Award 2020 • Wine Industry Award 2020 • Wool Storage, Sampling and Testing Award 2020 57 Attachment D – Enterprise modern awards and State reference public sector modern awards • Aboriginal Legal Rights Movement Award 2016 • Airservices Australia Enterprise Award 2016 • Australia Post Enterprise Award 2015 • Australian Broadcasting Corporation Enterprise Award 2016 • Australian Bureau of Statistics (Interviewers) Enterprise Award 2016 • Australian Capital Territory Public Sector Enterprise Award 2016 • Australian Federal Police Enterprise Award 2016 • Australian Government Industry Award 2016 • Australian Nuclear Science and Technology Organisation (ANSTO) Enterprise Award 2016 • Australian Public Service Enterprise Award 2015 • Christmas Island Administration Enterprise Award 2016 • Chullora Printing Award 2015 • CSIRO Enterprise Award 2016 • GrainCorp Country Operations Award 2015 • Health Professionals, Medical Scientists and Support Services (Victoria) State Reference Public Sector Award 2018 • Metropolitan Newspapers (South Australia and Tasmania) Printing Award 2015 • Northern Territory News Award 2015 • Northern Territory Public Sector Enterprise Award 2016 • Note Printing Australia Award 2016 • Nurses (ANMF - Victorian Local Government) Award 2015 • Nurses and Midwives (Victoria) State Reference Public Sector Award 2015 • Optus Award 2015 • Parliamentary Departments Staff Enterprise Award 2016 • Printing Industry – Herald & Weekly Times – Production Award 2015 • Queensland Newspapers Pty Ltd Printing (Murarrie) Award 2015 • Reserve Bank of Australia Award 2016 • Telstra Award 2015 • Victorian Government Schools - Early Childhood - Award 2016 • Victorian Government Schools Award 2016 • Victorian Local Government (Early Childhood Education Employees) Award 2016 • Victorian Local Government Award 2015 • Victorian Public Service Award 2016 • Victorian State Government Agencies Award 2015 • Viterra Bulk Handling and Storage of Grains, Pulses and Minerals Award 2015 1 Note 1 and Note 2 were recently added to the standard dispute resolution clause with effect from 1 August 2023 as a result of the flexible work and unpaid parental leave amendments to the FW Act.