journalists published media award 2010 · parties' draft (9 april 2009): journalists published...

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ME_79509603_1 (W2003)

Draft Award—9 April 2009

Journalists Published Media Award 2010

Table of Contents

Part 1— Application and Operation....................................................................................... 3

1. Title .............................................................................................................................. 3

2. Commencement date .................................................................................................... 3

3. Definitions and interpretation....................................................................................... 3

4. Coverage....................................................................................................................... 5

5. Access to the award and the National Employment Standards .................................. 10

6. The National Employment Standards and this award ................................................ 10

7. Award flexibility ........................................................................................................ 10

Part 2— Consultation and Dispute Resolution.................................................................... 12

8. Consultation regarding major workplace change....................................................... 12

9. Dispute resolution....................................................................................................... 12

Part 3— Types of Employment and Termination of Employment.................................... 13

10. Full-time employment ................................................................................................ 13

11. Part-time employment ................................................................................................ 13

12. Casual employment .................................................................................................... 14

13. Employee Duties ........................................................................................................ 15

14. Cadets ......................................................................................................................... 16

15. Termination of employment....................................................................................... 19

16. Redundancy................................................................................................................ 19

Part 4— Minimum Wages and Related Matters ................................................................. 21

17. Classifications ............................................................................................................ 21

18. Minimum wages ......................................................................................................... 23

19. Allowances ................................................................................................................. 24

20. Payment of wages....................................................................................................... 29

Parties' Draft (9 April 2009): Journalists Published Media Award 2010

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21. Superannuation ...........................................................................................................29

Part 5— Hours of work and related matters........................................................................30

22. Ordinary hours of work and rostering.........................................................................30

23. Breaks .........................................................................................................................32

24. Shift-work and weekend penalties ..............................................................................33

25. Overtime and penalty rates .........................................................................................34

Part 6— Leave and Public Holidays .....................................................................................37

26. Annual leave ...............................................................................................................37

27. Personal/carer’s leave and compassionate leave ........................................................39

28. Community service leave............................................................................................40

29. Public holidays............................................................................................................40

Schedule A— Translation table .............................................................................................42


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Part 1—Application and Operation

1. Title

This award is the Journalists Published Media Award 2010.

2. Commencement date

This award commences on 1 January 2010.

3. Definitions and interpretation

3.1 In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

artist means a person who prepares original drawings of any kind, or creative art of any kind, or who prepares for publication photographs, drawings, layouts, maps, plans, diagrams, decorations, lettering (including instant or transfer lettering), borders, backgrounds or similar embellishments but does not include a person solely employed in re-touching photographic plates

cadet means an employee who is constantly or regularly in training for journalism, press photography or editorial art and who has not become classified as an Award Level employee

Commission means the Australian Industrial Relations Commission or its successor.

country non–daily newspaper means a newspaper published on less than five days a week and which is principally distributed within in a regional area, other than a metropolitan area of a capital city

course means Deakin University post-cadet instruction program1

1 Country Press Australia (CPA), Fairfax Media and MEAA agree to keep definition. News Limited, ACP Magazines, Pacific Magazines (Employers) do not agree to inserting into the modern award as it and the corresponding subclause 17.4 are not relevant to the majority of employees in the journalists published media


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employee has the meaning in the Act

employer has the meaning in the Act

enterprise award has the meaning in the Act

editorial employees include reporters, writers, photographers, sub-editors, cartoonists, artists, video journalists, moderators of blogs on news websites, editorial content producers for online publications, chiefs of staff, picture editors, designers and production managers2

editorial employees include editors, reporters, writers, photographers, sub-editors, cartoonists, artists, video journalists, video producers, web/content producers, moderators, multimedia editors/producers, webmasters, presenters, comperes/interviewers, chiefs-of-staff, picture editors, designers, production managers, art directors, copy tasters, associate producers, chief producers, executive producers and employees howsoever named performing similar duties3

metropolitan daily newspaper means a newspaper published Monday to Saturday or published only on a Sunday and which is principally distributed throughout the metropolitan area of one or more capital cities or the metropolitan areas of Newcastle or Wollongong

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

NES means National Employment Standards

photographer means a person who takes and where necessary prepares photographs for reproduction in a publication published by an employer

regional daily newspaper means a newspaper which is published on more than four days a week and which is principally distributed within a regional area, other than a metropolitan area of a capital city or the metropolitan areas of Newcastle or Wollongong

suburban newspaper means a newspaper which is principally distributed within a suburb or discrete collection of contiguous suburbs, within but not comprising the whole metropolitan area of a capital city

industry. The clause applies to one sector of the industry and is more appropriately dealt with in an enterprise agreement.

2 The Employers and CPA and Fairfax Media agreed editorial employees definition.

3 MEAA's definition of editorial employee.


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specialist publication means a publication published by an employer that employs 20 or less editorial employees

visual display terminal includes any portable visual display terminal4

wire service means a news gathering organisation that distributes syndicated copy electronically, usually to subscribers

3.2 Where this award refers to an employee working on an employer's print publication (such as a metropolitan daily newspaper or a regional daily newspaper), it includes a reference to an employee employed by that employer on the print publication's associated online publication.

3.3 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

4. Coverage5

4.1 This award covers employers throughout Australia in the published media industry with respect to their employees engaged in the industry of journalism in its literary, artistic and photographic branches and/or the gathering, writing or preparing of news matter or news commentaries for newspapers, magazines, periodicals, journals, wire services and online publications and their employees in the classifications listed in clause 17 to the exclusion of any other modern award.

4.2 Without limiting the generality of the foregoing, this award does not cover employers covered by the following awards with respect to employees covered by the awards:

(a) Graphic Arts, Printing, Publishing and Associated Industries and Occupations

Award 2010;

(b) Recorded Entertainment Award Award 2010;

(c) Clerks – Private Sector Award 2010.

4 MEAA seeks to keep this definition and corresponding provisions in subclauses 19.10 and 23.3 of this draft award. The Employers seek to delete the definition and corresponding provisions from the award for reasons set out in paragraphs 86 to 89 of their submissions dated 9 March 2009. The CPA and Fairfax Media also seek to delete the definition and corresponding provisions.

5 The parties do not agree on the coverage of the modern award. The Employers, CPA and Fairfax Media seeks the creation of a modern award that covers editorial employees in the published media industry. This is reflected in subclause 4.1. The MEAA proposes a wider scope including TV, radio and websites. They also propose the preparing of 'information' rather than 'news'. The Employers, the CPA and Fairfax Media consider that this is not 'editorial' and should not be included.


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

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

4.5 The award does not cover an employer bound by an enterprise award with respect to any employee whose position is exempted from the coverage of the enterprise award.

4.6 The award does not cover employees employed in the following positions:

(a) Editor, Editor in Chief and Chief of Staff of a metropolitan daily newspaper; and

(b) National:

(i) on a national metropolitan daily newspaper: 6 positions;

(ii) on any associated publication including an online publication: 1 position;

(c) Victoria:

(i) on a metropolitan daily newspaper published in Victoria: 10 positions;

(ii) on its related Sunday newspaper: 2 positions;

(iii) on any other associated publication including an online publication: 1 position;

(d) NSW:

(i) on a metropolitan daily newspaper published in NSW: 10 positions;



(e) Queensland:

(i) on a metropolitan daily newspaper published in Queensland: 4 positions;



(f) South Australia:

(i) on a metropolitan daily newspaper published in South Australia: 4 positions;



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(g) Tasmania:

(i) on a metropolitan daily newspaper published in Tasmania: 3 positions;

(ii) on any other associated publication including an online publication: 1 position;

(h) Western Australia:

(i) on a metropolitan daily newspaper published in Western Australia: [insert];

(ii) on a separately published metropolitan Sunday newspaper: 3 positions;


(i) Northern Territory:

(i) on a metropolitan daily newspaper published in the Northern Territory: 1 position;

(ii) on any other associated publication including an online publication: 1 position;

(j) Australian Capital Territory:

(i) on a metropolitan daily newspaper published in the Australian Capital Territory: 4 positions;

(ii) on a separately published metropolitan Sunday newspaper: 1 position;


(k) in a magazine publishing business that employs more than 20 editorial employees:

(i) any employee (below the level of publisher) who has principal responsibility for the editorial aspect of more than one magazine published by the employer, including without limitation an Editor in Chief;

(ii) any employee (below the level of publisher) who has principal responsibility for the artistic aspect of more than one magazine published by the employer, including without limitation an Art Director;


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(iii) Photographic Manager;

(iv) on any weekly magazine: 2 positions; and

(v) the Editor on any other magazine;

(l) in a regional daily newspaper business the Editor and:

(i) the next most senior editorial employee employed in a regional daily newspaper published in Albury, Geelong and Launceston;

(ii) the next two most senior editorial employees employed in a regional daily newspaper published in Townsville;

(iii) the next three most senior editorial employees employed in a regional daily newspaper published in the Gold Coast;

(m) in an online publication (that is not an associated publication of a print publication) that employs more than 20 editorial employees:

(i) any employee (below the level of publisher) who has principal responsibility for the editorial or artistic aspect of more than one online publication published by the employer, including an Editor in Chief or Art Director; and

(ii) the Editor of any online publication;

(n) at Australian Associated Press : 6 positions.

4.7 An employee classified:

(a) as Award Level 12 or 13;

(b) as Award Level 10 in a suburban newspaper;

(c) as Award Level 9 in a country non-daily newspaper,

shall be exempted from clauses 22 - Hours of Work and Rostering; clause 23 Breaks; clause 24– Shift Penalties; clause 25 - Overtime provided always that each employee shall be given at least two clear days off duty in each week in accordance with the provisions of paragraph 22.4(a) – Days Off. The provisions of sub-clause 25.8 shall apply to an employee who is not given clear days off.

4.8 The following clauses only shall apply to employees employed on an online publication other than those employees described in clause 3.2 or a specialist publication:

clause 1 - Title;

clause 2 - Commencement date;

clause 3 - Definitions and interpretations;


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clause 4 - Coverage;

clause 5 - Access to the award and the National Employment Standards;

clause 6 - The National Employment Standards;

clause 7 - Award flexibility;

clause 8 - Consultation regard major workplace change;

clause 9 - Dispute resolution;

clause 10 - Full-time employment;

clause 11 - Part- time employment6;

subclauses 12.1 and 12.2 - Casual employment;

clause 13 – Employee duties;

clause 14 - Cadets;

clause 15 - Termination of employment;

clause 16 - Redundancy;

clause 17 - Classifications;

clause 18 - Minimum Wages;

clause 19.1 – Reimbursement of expenses;

clause 20 - Payment of wages;

clause 21 - Superannuation;

clause 26 - Annual leave;

clause 27 - Personal/carer's leave and compassionate leave;

clause 28 - Community Service leave; and

clause 29 - Public Holidays.

4.9 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the

6 Provided that it is the part-time employment provisions proposed by the Employers, CPA and Fairfax.


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work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

7.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

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

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

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

(b) result in the employee being better off overall than the employee would have been if no individual flexibility agreement had been agreed to..

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

http://www.airc.gov.au/awardmod/download/nes.pdf


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(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

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

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

(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and

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

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

7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

(a) by the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between the employer and the individual employee.

7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.


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Part 2—Consultation and Dispute Resolution

8. Consultation regarding major workplace change

8.1 Employer to notify

(a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.

(b) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

8.2 Employer to discuss change

(a) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(b) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1.

(c) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

9. Dispute resolution

9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the


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employee or employees concerned and more senior levels of management as appropriate.

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Commission.

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

9.4 Where the matter in dispute remains unresolved, the Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

Part 3—Types of Employment and Termination of Employment

10. Full-time employment

10.1 A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.

11. Part-time employment

11.1 A part-time employee is an employee engaged as such to work less than 38 hours per week on a reasonably predictable and ongoing basis.

11.2 The minimum hourly rate of pay for a part-time employee shall be 1/38th of the minimum weekly rate under clause 18 for a full-time employee in the same classification as the part-time employee (i.e. the applicable minimum award rate of pay divided by 38).

11.3 Where appropriate, application of all other clauses that apply to part-time employees shall be on a pro rata basis.

11.4 A part-time employee shall be engaged for a minimum of four consecutive hours on any rostered shift.


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[Employers, CPA and Fairfax Media proposal]

11.5 Subject to subclause 11.6, at the time of engagement, the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day including the starting and finishing time and which days of the week the employee will work. A copy of the agreement must be provided to the employee.

11.6 Despite subclause 11.5, an employee may agree in writing with the employer prior to the commencement of the part-time engagement that:

(a) the employer may require the employee to work across seven days in a week in the same manner as full time employee; and

(b) the employer may change the hours, days and starting and finishing times of the employee by:

(i) agreement between the employee and the employer; or

(ii) by the employer giving the employee seven days' notice in writing,provided there is no diminution of the total agreed number of ordinary weekly hours of work.

11.7 A part-time employee will be paid at their ordinary time hourly rate for each hour worked up to and including 38 in a week.

[MEAA Alternative to clauses 11.5 to 11.7]

11.8 At the time of engagement, the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day including the starting and finishing time and which days of the week the employee will work. A copy of the agreement must be provided to the employee.

11.9 The terms of the engagement may be varied by consent. Any agreed variation to the pattern of work will be recorded in writing, with a copy of the variation provided to the employee.

11.10 All hours worked in excess of the hours as mutually arranged will be overtime and dealt with in accordance with clause 25.6.

12. Casual employment

12.1 A casual employee is an employee engaged as such. A casual employee may be engaged, and paid, by the hour.

12.2 A casual employee must be paid at the minimum hourly rate of 1/38th of the minimum weekly rate under clause 18 for a full-time employee in the same classification as the casual employee (i.e. the applicable minimum award rate of pay divided by 38), plus a casual loading of 25%. This loading is in lieu of entitlements


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to leave and other matters from which casuals are excluded by the terms of this award and the NES.

12.3 A casual employee will receive a minimum payment of 4 hours for each engagement.

12.4 Calculating time worked shall be in accordance with sub-clause 22.3 of this award.

12.5 Casual employees are entitled to overtime for hours worked in excess of:

(a) in the case of employees employed on a metropolitan daily newspaper or a wire service, 10 hours in a day;

(b) in the case of employees employed on a magazine, regional daily newspaper, suburban newspaper and country non-daily newspaper, 7.6 hours in a day.

12.6 The overtime rates are:

(a) for the first [3][2] hours, 1.5 times the minimum hourly rate;7

(b) thereafter, 2 times the minimum hourly rate.

12.7 The minimum hourly rate for the calculation of shift penalties and overtime rates for casual employees does not include the casual loading.

12.8 Only this clause and the following clauses shall apply to casual employees:

(a) Clause 1 - Title; clause 2 - Commencement date; clause 3 - Definitions and interpretations; clause 4 - Coverage; clause 5 - Access to the award and the National Employment Standards; clause 6 - the National Employment Standards; clause 7 - Award flexibility; clause 8 - Consultation regarding major workplace change; clause 9 - Dispute resolution; clause 19 – Allowances, other than subclauses 19.3(b), 19.5 and 19.10; and clause 20 - Payment of wages; clause 21- Superannuation and clause 24 - Shift work and weekend penalties.

13. Employee Duties

13.1 Employees shall, when required by their employer, use all available functions of computer equipment to perform any work. Such work will include but will not be limited to:

(a) computer-assisted editorial layout and all other computer-assisted editorial functions;

7 The Employers rely on their submissions of 9 March 2009 regarding the arrangements for casuals. The MEAA, CPA and Fairfax Media seek that the overtime rate be time and one half for the first two hours.


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(b) computer-assisted art work;

(c) digital photography including preparation, reception, enhancement, editing and transmission

(d) use of personal computers capable of operating software designed for editorial use.

13.2 An employer may direct a journalistic employee to carry out such photographic duties or a photographic employee to carry out literary duties as are within the limits of the employee's skills, competence and training provided that such duties are not designed to promote deskilling.

13.3 An employer may direct an employee to perform such duties as are within the limits of the employee's skill, competence and/or training.

13.4 Where an employee does not perform work as directed in accordance with clause 13.3 above, the employee is not entitled to payment for that period.

14. Cadets

14.1 The Higher School Certificate or its equivalent Year 12 qualification normally will be the minimum entry requirement for a cadetship. The employer shall have the right to appoint to cadetship a person without such qualification.

14.2 Subject to the provisions of this subclause, the period of cadetship shall be as follows:

(a) For a cadet other than a graduate of an approved tertiary course, the period of cadetship shall not exceed three years, provided that cadet training requirements are met.

(b) For a cadet who commenced their cadetship as a graduate of an approved tertiary course, the period of cadetship shall not exceed one year during which the cadet shall be paid at the percentage for a final year cadet.

(c) A cadet who, after twelve months or more employment, completes an approved tertiary course, shall be advanced to final year of cadetship.

(d) Provided that periods of training in journalism, press photography or editorial art on any newspaper or magazine shall be taken into account in determining the year of cadetship.

14.3 A cadet shall be fully and thoroughly taught and instructed in the profession of journalism provided that:

(a) Cadets shall be instructed progressively throughout their cadetship in practical journalism as it operates within the office in which for the time being the cadet is employed and a responsible person shall supervise that training.


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(b) An employer shall arrange for journalists and others to give a series of suitable lectures to cadets.

14.4 Journalist cadets.

(a) Subject to the proviso hereunder:

(i) A cadet shall not be entitled to become a second year cadet without having attained a minimum standard of 60 words per minute in short hand has been attained. If a cadet attains a minimum standard of 60 words per minute in shorthand in the second year of employment, the period beyond twelve months taken to achieve the said minimum shall correspondingly reduce the second year of cadetship.

(ii) A cadet shall not be entitled to be classified and paid as a third year cadet until a minimum standard of 80 words per minute in shorthand has been attained. If a cadet attains a minimum standard of 80 words per minute in shorthand in the third year of employment, the period beyond 24 months taken to achieve the said minimum shall correspondingly reduce the third year of cadetship.

(iii) A cadet shall not be entitled to be classified and paid as a graded journalist until a minimum standard of 120 words per minute in shorthand has been attained.

(iv) A graduate cadet who has been classified as an Award Level 1 employee shall not be entitled to be classified as an Award Level 2 employee until a standard of 120 words per minute in shorthand writing has been attained.

Provided that an employer in a particular case may waive the attainment of such standards as a condition of promotion to the next higher year of cadetship or to the graded staff as the case may be.

(b) Tuition in shorthand shall be arranged by the employer either within or outside the office and each cadet shall be rostered by the employer to attend shorthand training each week. Whether or not such tuition is given within the office, the person responsible for supervising that part of the training of the cadet shall regularly monitor the progress being made by each cadet, and particularly whether or not the cadet's record of attendance at classes is satisfactory. Where a cadet assigned to offices outside the city in which he or she commences his or her cadetship, the employer is only obliged to roster the cadet for shorthand training where possible.

(c) A cadet shall be permitted by the employer to absent himself or herself during ordinary working hours for periods not exceeding a total of four hours in any week to attend shorthand and typewriting classes, lectures, classes or


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examinations which apply to any specialised branch of journalism approved by the employer, and in addition for periods not exceeding a total of six hours in any week to attend at an Australian university for a course in journalism or other approved course. A cadet who is advanced to the classified staff shall be eligible for the benefits of this subclause for a period of twelve months to continue a journalism related course, provided such course is approved by the employer.

14.5 Press photography cadets.

(a) A cadet in press photography shall be permitted by the employer to absent himself or herself during ordinary working hours for periods not exceeding a total of ten hours in any week to attend a diploma or similar course, in a State where such a course is available, approved by the Employer and to which the cadet gains entry. A cadet who is advanced to the classified staff shall be eligible for the benefits of this subclause for a period of twelve months to continue a journalism related course, provided such course is approved by the employer.

14.6 Editorial art cadets.

(a) A cadet in editorial art shall be permitted by the employer to absent himself or herself during ordinary working hours for periods not exceeding a total of ten hours in any week to attend art classes at a technical school or art school, such course to be approved by the Employer. A cadet who is advanced to the classified staff shall be eligible for the benefits of this subclause for a period of twelve months to continue a journalism related course, provided such course is approved by the employer.

14.7 All lecture and other fees for the studies prescribed should be made available by the Employer provided that the cadet's conduct and progress are satisfactory. Provided that the employer is not required to either reimburse or pay for any amounts owed by a cadet under the Higher Education Contribution Scheme.

14.8 In exceptional circumstances, the employer may continue to employ at the rate prescribed for a third year cadet, any cadet who has completed three years of cadetship. If the cadet's services are terminated by the employer without lawful cause during the period or periods, the cadet shall be paid the difference between the rate for a third year cadet and the rate for an Award Level 1 employee from the time of completion of the third year of cadetship to the date of such termination. If the cadet voluntarily leaves the employment during or after such period or periods, no extra payment shall be made.


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15. Termination of employment8

15.1 Notice of termination is provided for in the NES.

15.2 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

15.3 Job search entitlement

Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

16. Redundancy

16.1 Redundancy pay is provided for in the NES.

8 The parties to the award do not agree on this clause. The Employers, CPA and Fairfax Media seek to have the notice of termination provision in the award reflect the NES. Whilst some of the current awards contain notice of termination provisions that are greater then the NES, these are not consistent between awards. Further, those with the greater notice periods do not contain severance provisions (and the majority are Enterprise Awards). Further reasons for the exclusion of the MEAA proposed clause are outlined in paragraphs 79-81 of the Employers submissions dated 9 March 2010. If the Commission considers that it is appropriate that more generous notice provisions should be included, it is the submission of the Employers, CPA and Fairfax Media that the notice periods should only be included as a transitional entitlement (that is, if the employee already had the entitlement at the commencement of the award) and should be subject to the proviso that the employee will only be entitled to the greater of the severance entitlement plus the NES notice of termination, or the higher notice of termination provision.

The MEAA seek to include the notice of termination provisions currently appearing in the metropolitan daily newspaper and derived awards, subject to a proviso that in circumstances of redundancy, the employee will be entitled only to the greater of the severance entitlement plus the NES standard, or the higher notice of termination provision.


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16.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer's option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

16.3 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

16.4 Job search entitlement

(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c) This entitlement applies instead of clause 15.3.

16.5 Transitional provisions

(a) Subject to clause 16.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a NAPSA:

(i) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Act had applied to the employee; and

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

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

(c) This clause does not operate to diminish an employee’s entitlement to redundancy pay under any other instrument.


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(d) Clause 16.5 ceases to operate on 31 December 2014.

Part 4—Minimum Wages and Related Matters

17. Classifications

17.1 The definitions for each of the three bands are:

(a) Band One Editorial employees classified in Band One have completed the training requirements of a cadetship or its equivalent and are gaining experience in a wide range of practical areas and/or undertaking additional training. They normally perform journalistic, artistic and photographic duties under broad supervision. As they undertake additional training and/or gain experience, they are assigned to duties requiring the exercise of independent initiative and judgment and/or the exercise of more advanced skills. Beginning as an Award Level 1 journalist, artist or photographer, they require decreasing supervision and exercise greater professional judgment and skills to the level of Award Level 7.

(b) Band Two Editorial employees classified in Band Two have obtained wide practical experience and are exercising advanced skills. They are capable of working independently and of exercising initiative and judgment on difficult and responsible assignments. They may work either individually or as part of a team without direct supervision.

(c) Band Three Editorial employees classified in Band Three exercise the highest level of skills and responsibility. Their duties require the exercise of sustained high levels of professional, technical and creative skills of mature and experienced judgment and outstanding levels of individual accomplishment,

17.2 Editorial employees shall be classified in a band, provided that editorial employees employed:

(a) on a country-non daily newspaper cannot be classified above Award Level 9;

(b) on a regional daily newspaper, suburban newspaper or specialist publication cannot be classified above Award Level 10; and

(c) an online publication or magazine with less than 20 editorial employees cannot be classified above Award Level 10.

17.3 Classification in an Award Level and the definitions in 17.1 are indicators of skills only and for the purpose only of fixing the minimum award rates of payment to which employees shall be entitled, and shall not be applied to restrict the range of work that may be required of a employee.


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17.4 Transitional provision

(a) An employee covered by a pre-Act award or NAPSA, other than an enterprise award, immediately prior to the commencement of the operation of this Award will be classified under clause 17.1 by reference to the translation table set out in Schedule A.

17.5 Post cadet instruction and progression through Award Levels at a country non-

daily newspapers9

(a) A structured course of instruction with a duration of not less than 38 hours for each year of the course, for post cadet journalists employed by non-daily newspapers is conducted by Deakin University, on behalf of Country Press Australia who inform the Media, Entertainment and Arts Alliance on content.

(b) All employers shall be obliged to allow their employees to complete each stage of the course and shall provide suitable study arrangements to allow them to do so.

(c) All employees entering the grading table at Award Level 1 will undertake Year I of the course. Time off at ordinary rates or time during working hours will be made available to employees as necessary to complete course materials as and when convenient to the employer.

(d) Promotion from Award Level 1 to Award Level 2 will occur from the first complete pay period after 1 January or 1 July of the year following the completion of the course provided that the employee

(i) has been awarded a pass in the course, and

(ii) has demonstrated an improved performance arising from completion of the course, and

(iii) has attained a shorthand speed of 120 words per minute

(e) Promotion from Award Level 2 to Award Level 3 will occur from the first complete pay period after 1 January or 1 July of the year following the completion of the course provided that the employee.


(ii) has demonstrated an improved performance arising from completion of the course.

9 The CPA, Fairfax Media and MEAA seek to include this subclause and subclauses 17.6 and 17.7. The Employers oppose these subclauses as the provisions apply to one sector of the industry. This subclauses are more appropriately dealt with in an enterprise agreement

.


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(f) Promotion from Award Level 3 to Award Level 4 will occur from the first complete pay period after 1 January or 1 July of the year following the completion of the course provided that the employee


(ii) has demonstrated an improved performance arising from completion of the course.

17.6 Classification of photographer in country non-daily newspaper

(a) Where a single photographer is employed in a non-daily newspaper, the employee shall be graded as Award Level 4. Where there is more than one photographer employed in a non-daily newspaper, each additional photographer shall be graded at not less than Award Level 2.

17.7 Mixed functions in country non-daily newspaper

(a) When an employee in a country non-daily newspaper is called upon to do the work of another in a higher position or higher grade for more than a week, the employee shall be paid the higher rate as prescribed for the higher grade in this clause. This subclause shall not apply when the absent employee is on sick, annual or bereavement leave and is receiving full pay.

18. Minimum wages

18.1 Employees engaged in the classifications set out in clause 17 are entitled to the following minimum wages:

Band Award Level Minimum weekly rate of pay

1 $698.20

2 $718.40

3 $750.40

One

4 $771.20

5 $792.00

6 $833.80

7 $871.50

Two 8 $913.20


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9 $975.80

10 $1038.40

11 $1,069.70

12 $1,205.30

Three

13 $1,351.30

18.2 Cadets

(a) The minimum weekly rates of pay to cadets shall be the following of the rates prescribed for an Award Level 1 employee in clause 18.1:

Year of cadetship Percentage

First year 60

Second year 75

Third year 90

provided that a cadet aged 21 years or over shall be paid no less than the Federal minimum wage ($543.90 per week).

19. Allowances

19.1 Reimbursement of Expenses

An employee will be reimbursed reasonable out-of-pocket expenses.

19.2 Meal allowance

(a) If an employee's duty compels them to take more than one meal a day away from their home, any meal or meals in excess of one a day will (unless otherwise paid for or reimbursed by the employer) be paid for by the employer at the rate of $15.00 for such meal.

(b) For the purpose of this subclause, meal means breakfast, lunch or dinner.

(c) For the purpose of this subclause, the normal meal break hours are:

Breakfast 6.00 a.m. to 8.00 a.m.

Lunch noon to 2.00 p.m.

Dinner 6.00 p.m. to 8.00 p.m.


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(d) An employee will be entitled to the payment of one meal allowance in any one day if the employee works through two of the agreed meal break periods in that day or two meal allowances if working through three of the agreed meal break periods.

19.3 Evening wear

(a) An employee engaged on work requiring attendance in evening dress will be provided with reasonable transport facilities, where requested by the employee concerned.

(b) An employee regularly engaged on work requiring attendance in evening dress or in special attire will be paid a minimum allowance of $300 per year.

19.4 Damage to clothing expenses

An employee will be reasonably compensated for damage to clothing and personal effects arising from or in the course of employment.

19.5 Transfer

(a) The provisions of this subclause shall apply to employees who are required by their employer to permanently perform their duties in a different city or State to the one in which they were last regularly located.

(b) An employer shall reimburse the following costs associated with the transfer:

(i) First class train fares or economy class air fares for the employee and his or her family, or if the employee travels by car he or she will be paid a mileage allowance.

(ii) The transfer and storage of the employee's furniture and effects. The employee shall obtain at least two quotations for such transfer and storage and the employer shall be obliged to reimburse the lower amount.

(c) A employee who resigns or is dismissed for misconduct after being transferred is not entitled to be paid or reimbursed any costs associated with the employee and his or her spouse and family returning to the previous place of living.

(d) The town or city to which an employee is transferred will thereafter be regarded as the town or city in which the employee is regularly employed for all purposes of the Award.

19.6 Travel by Air

(a) Where an employee agrees to travel by air other than by a regular passenger-carrying service, the Employer will reimburse the employee for the cost of taking out additional personal insurance to cover any existing personal insurance policies that would be invalidated by such travel, provided that the


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employee has provided his or her employer, at least seven days before the day of travel, with a list of the personal insurance policies, showing the amount of each policy and by what company each policy was issued.

(b) Subclause 19.6(a) will not apply where the employer agrees to indemnify the employee against any invalidation of the employee's personal insurance policies. The employee must provide the employer, at least seven days before the day of travel, with a list of the personal insurance policies, showing the amount of each policy and by what company each policy was issued. The employer may then agree to indemnify the employee against the invalidation of such policies.

19.7 Special Risks

(a) An employee will, if required by their employer, perform any duty which would invalidate the employee's personal insurance policies, or any of them, if the employer indemnifies the employee against such invalidation.

(b) Where an employee is so requested, the employee shall immediately inform the employer in writing of the risk of invalidation.

(c) Upon being informed by the employee as set out above, the employer shall indemnify the employee and/or the employee's dependants against the invalidation, unless the employer, prior to the commencement of the duty in question, informs the employee in writing that it declines to indemnify the employee and/or the employee's dependants, in which case the employee shall be at liberty to decline to perform the duty.

19.8 Special Risks Insurance

(a) The employer shall insure the employee against injury or death by accident arising from:

(i) Any travel by air other than by a regular passenger carrying service.

(ii) Any duties performed in a war zone or a zone of warlike operations.

(iii) The employee shall be insured for an amount of not less than $250,000 in the event of death. The employer shall pay the proceeds of the policy to the employee in the event of injury and to the legal personal representative of the employee in the event of death.

19.9 Use of Office Vehicles

A employee will, if required by the employer, drive an office-owned car on any assignment provided that the employee is made exempt by the employer from


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financial liability coverable by ordinary insurance during the whole period the employee is in charge of the car.

19.10 Spectacle Allowance10

(a) Where spectacles or a lens change specifically for VDT operation is prescribed, the employer will pay the cost of the lens and up to $111.30 on the first frames provided that:

(i) where the employee is in receipt of a health fund benefit the employer will pay the difference between the cost of the spectacles and the benefit with a maximum of $111.30 on the first frames; and

(ii) the employer will not be liable for the 'tinted' or 'outdoor' component of any lenses.

19.11 Sub-editing procedures and allowance11

This subclause 19.10(a) applies only to relevant employees employed in country non daily newspaper.

(a) Sub-editing procedures

Sub-editing procedures includes activating computer programs to

(i) prepare an electronic layout of the page or pages other than the assignment of advertisements, and/or

(ii) perform complex make-up, which causes headings, text , picture captions, editorial line work and editorial display devices such as rules, borders, stipples, colour tints, panels, graphs, reverses and half tones of news items or feature articles, to be typeset in a single operation in the relative positions described for or assigned to them in an editorial layout and whether typeset as one or more areas, or a full page or pages.

(b) Sub-editing allowances

(i) An allowance of 5% based on the employee's minimum award rate is payable to an employee who is employed as a sub-editor, performing sub-editing procedures as set out in clause 19.11(a).

10 The MEAA seek to retain this provision. The Employers, CPA and Fairfax Media oppose the provision for the reasons outlined in paragraph 89 of the Employers submissions dated 9 March 2009. Further the Employers, CPA and Fairfax Media submit that these issues are sufficiently provided for in Occupational, Health and safety legislation.

11 The MEAA seek to include this provision. The Employers, CPA and Fairfax Media oppose the inclusion of these provisions as they are more appropriately dealt with through a take home pay order.


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(ii) The allowance shall be payable only where an employee works a full shift as a sub-editor.

(iii) The allowance shall not be payable to an employee who has ceased to be a sub-editor.

(c) The allowance is not payable where the sub-editing procedures are restricted to activating standard programs which control the typesetting of material, especially tabular material, which layout does not vary unless an electronic layout has been prepared and used in the output of other newspaper pages for the edition in which the tabular material appears.

(d) The allowance shall form part of the sub-editor's ordinary rate of pay for all purposes including calculating the shift penalties prescribed in clause 24, the appropriate overtime rate for the purposes of clause 25.3 and annual leave loading prescribed in clause 26.5.

19.12 Photographic Allowance12

An employee employed as a journalist in a country non-daily newspaper who at the request of the employer takes a photograph, shall be paid a minimum of $1.28 for each photograph published.

19.13 Adjustment of expense related allowances

(a) At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

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

Allowance Applicable Consumer Price Index figure

Meal allowance Take away and fast foods sub-group

Spectacle allowance Health Services - optical services subgroup

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

Clothing allowance Clothing and footwear group

12 The MEAA seek to include this allowance. The Employers, CPA and Fairfax Media oppose the inclusion as the subclause is only relevant to one sector of the industry and is not an industry standard. Further the Employers submit that the subclause is more relevantly dealt with in an enterprise agreement or a take home pay order.


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20. Payment of wages

20.1 An employee may be paid by cash, cheque or electronic funds transfer at the election of the employer.

20.2 The employer may pay wages weekly, fortnightly or monthly.

20.3 An employer changing from a weekly or fortnightly pay cycle to a monthly pay cycle must provide at least two months' notice of the change to employees.

21. Superannuation

21.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee

(Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act

1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b) The rights and obligations in these clauses supplement those in superannuation legislation.

21.2 Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

21.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 21.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.


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(c) The employer must pay the amount authorised under clauses 21.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or (b) was made.

21.4 Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or (b) to one of the following superannuation funds:

(a) MediaSuper; or

(b) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund.

Part 5—Hours of work and related matters

22. Ordinary hours of work and rostering

22.1 Ordinary hours of work

(a) Ordinary hours of duty shall be an average of 38 hours per week to be worked on one of the following bases (provided that the requirements of clause 22.4 are met):

(i) by employees working 38 ordinary hours on five days per week; or

(ii) by employees working 152 ordinary hours over 19 days in a 20 day work cycle; or

(iii) by employees working 76 hours ordinary hours over nine days in a ten day work cycle; or

(iv) by employees working 38 hours on four days in each five day work cycle.

(b) The arrangement for working the average of 38 hours per week at each workplace (or section of the workplace) shall be agreed between the employer and the majority of employees affected, provided that the requirements of sub-clauses 22.1(e), 22.1(a) and 22.4 are met.

(c) An employer and an individual employee may agree on an arrangement for working the average of 38 hours per week which differs from the arrangement for working the average of 38 hours per week for the majority of employees, provided that sub-clauses 22.1(e), 22.1(a) and 22.4 are met.

(d) In this clause, day means a period of 24 hours unless stated otherwise.


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(e) Ordinary hours of duty shall be a minimum of four hours and a maximum of eleven hours per day. In circumstances where an employee works a four day week, the span may be changed to a maximum of 12 hours by agreement with the employee.

22.2 Make up Time

An employee may elect, with the consent of the employer, to work 'make up time' under which the employee takes time off during ordinary hours and works those hours at a later time, during the spread of ordinary hours provided in the award.

22.3 Calculation of time worked

(a) Except on a distant engagement, an employee’s hours of duty shall count continuously from the time of entering upon duty, as defined in this clause, until the time of ceasing duty.

(b) ‘Entering upon duty’ means the earlier of:

(i) Arrival at the office for the first time in the day to begin duty as required by the roster; or

(ii) Beginning the first engagement, provided that a reasonable time shall be allowed to cover the period required to reach the engagement from home or from the temporary place of residence or accommodation should an employee be temporarily assigned to duty away from the city or town in which he or she is regularly employed.

22.4 Days off

(a) Each employee shall have at least 2 days off in every seven days in relation to the period over which 38 hours is averaged under sub-clause 22.1(d).

(b) Where an employee works a 4-day week, 9-day fortnight or 19-day month, the days off duty in accordance with sub-clause 22.1(a) shall be increased to give effect to these arrangements.

(c) An employee working under an arrangement specified in sub-clause 22.1(a)(ii), 22.1(a)(iii) or 22.1(a)(iv) may, by agreement with his or her employer, bank up to five days off.

(d) In respect of a day off duty, an employer may change an employee's day off in case of an emergency or a shortage of staff through sickness or other cause which cannot be reasonably foreseen. In this case, the employer shall give the employee as much notice of such departure as possible and shall, within the same or the next succeeding week, grant to such employee days off duty in lieu of those days off duty cancelled.


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(e) Where an employee is given a day off duty, that day shall commence at the expiration of twelve hours from the time the employee ceased duty.

(f) When an employee is given two or more consecutive days off duty, those consecutive days off duty shall commence at the expiration of eight hours from the time the employee ceased duty.

22.5 An employee who is not given any of the day or days off duty referred to in sub-clause 22.4 by any of the methods provided for in this clause shall be paid for such days in accordance with sub-clause 25.8.

22.6 Where agreement is reached under sub-clause 22.1(e) to move from a five day week to a four day week, nine day fortnight or 19 day month and the new work arrangements would result in increased costs by some or all of the employees concerned becoming entitled to shift penalties that they were not entitled to when working on a five day per week basis, the agreement may provide that one or more of the penalties in sub-clauses 24.1 and 24.2 will not apply, in which case those penalties under sub-clauses 24.1 and 24.2 will not apply.

23. Breaks

23.1 Subject to sub-clause 23.2, an employee shall not be compelled to work more than five hours without a break of not less than 20 minutes.

23.2 Where an employee is permitted a break of one hour off duty for a meal, the employer shall be entitled to deduct one hour from the total time worked in accordance with sub-clause 22.3(b). If the break permitted is less than one hour (or in the case of a country non-daily newspaper or a regional daily newspaper, 30 minutes), no time shall be deducted. Not more than one hour shall be deducted in any one day.

23.3 VDT Breaks13

(a) No employee will be required to operate a visual display terminal (VDT) for more than 2 hours without a break, except in the case of an emergency, where the maximum time of operation will be 2.5 hours.

(b) At the end of a period of 2 hours of operation, an employee will be entitled to a 10 minute paid break from operating a VDT.

(c) An employer may require an employee to engage in non-VDT work during the break provided for in 23.3(a).

13 The MEAA seek to retain this provision. The Employers, CPA and Fairfax Media oppose the provision for the reasons outlined in paragraph 86 to 89 of the Employers submissions dated 9 March 2009. Further the Employers, CPA and Fairfax Media submit that these issues are sufficiently provided for in the occupational, health and safety legislation.


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(d) The VDT break will fall during a shift or part of a shift and will not be taken at the end of a shift nor at the end of a half shift.

(e) An employer and an employee may agree to have different arrangements for VDT breaks subject to the limit of 2.5 hours maximum time of operation.

24. Shift-work and weekend penalties

24.1 Subject to the provisions of this clause 24, an employee who is instructed by the employer to perform and performs ordinary hours on a shift, any part of which falls between the hours of 6.00am and 7.00am, or is instructed to perform and performs ordinary duty on a shift that concludes between the hours of 6.00pm and 8.30pm, will be entitled to a penalty of 10 per cent of the employee's minimum hourly rate for each hour of that shift.

24.2 Subject to the provisions of this clause 24, an employee who is instructed by the employer to perform and performs ordinary hours on a shift, any part of which falls between the hours of 8.30pm and 6.00am, will be entitled to a penalty of, in the case of employees employed on a:

(a) a metropolitan daily newspaper, wire service, suburban newspaper or a magazine – 17.5 per cent;

(b) regional daily newspaper or a country non-daily newspaper – 15 per cent,

of the employee's minimum hourly rate for each hour of that shift.

24.3 The additional rates provided in sub-clauses 24.1 and 24.2 of this clause are not cumulative and, where any shift attracts both penalties, the higher percentage only shall be paid.

24.4 Subject to the provisions of this clause 24, an employee who is rostered to perform and performs ordinary hours on a shift, where the greater part of the shift falls between the hours of midnight Friday and midnight Sunday, will be entitled to a penalty of 10 per cent of the employee's minimum hourly rate for each hour of that shift. This subclause does not apply to employees employed on a country non-daily newspaper.

24.5 The respective additional payments prescribed in this sub-clause shall not exceed the amount calculated based on the rate for:

(a) in the case of employees employed on a metropolitan daily newspaper, wire service, regional daily newspaper or a magazine, a Award Level 8 employee;

(b) in the case of employees employed on a suburban newspaper, an Award Level 3 employee;


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(c) in the case of employees employed on a country non-daily newspaper, an Award Level 6 employee; and

(d) in the case of any other employee, an Award Level 6.

24.6 The penalties prescribed in this clause are payable only in respect of ordinary hours or work and not when overtime is worked.

25. Overtime and penalty rates

25.1 Subject to clause 25.2, payments made to an employee in excess of the weekly award rate of pay for the employee's grade will not be regarded as a set off against overtime

worked.14

25.2 Despite clause 25.1 and subject to clause 25.3, an employer and an employee may agree in writing that the employer may make overaward payments to the employee to 'buy out' a specified number of overtime hours, provided that

the employee will not be paid an amount for ordinary hours and overtime that is less than the amount to which the employee would be entitled under this award.


(a) Despite clauses 25.1 and 25.2, where an employee is not covered by an award immediately prior to the commencement of operation of this Award and is paid an overaward amount:

(i) an agreement under clause 25.2 does not need to specify the number of overtime hours the overaward amount 'buys out'; and

(ii) the employer will be entitled to attribute that overaward amount to overtime penalties under this clause and to other shift penalties under clause 24,

subject to the proviso in clause 25.2.

25.4 The hourly rate for overtime purposes shall be calculated by dividing the minimum award rate of pay for the employee’s Award Level by 38.

25.5 Daily overtime represents all time worked outside of an employee's rostered hours of duty, except for time worked on a rostered day off.

25.6 Daily overtime shall be compensated for in the following manner:

14 The MEAA seeks to retain this provision. The Employers, CPA and Fairfax Media oppose the provision for the reasons outlined in paragraphs 95 to 97 of their submissions dated 9 March 2009.


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(a) Overtime will be banked to be taken as time off in lieu at single time;

(b) Time off in lieu of overtime shall be taken as mutually agreed, or by the employer rostering accrued overtime as time off in lieu, by giving at least 14 days’ notice that the employee is required to take such accrued time off in lieu. Time off will be given in blocks of no less than four hours15;

(c) Time off in lieu of overtime not taken within 12 months of the overtime being worked must be paid out at overtime rates;

(d) On termination of an employee’s employment, all untaken time off in lieu shall be paid out at overtime rates prescribed in sub-clause 25.6(e), subject to the forfeiture for inadequate notice as provided for under clause 15.2;

(e) Where mutually agreed, overtime may be paid as it is worked at the rate of time and a half for the first two hours and double time thereafter.

25.7 Any time allowed off duty in lieu of overtime shall be deemed to be ordinary rostered hours for the day or days on which the time off in lieu is taken.

25.8 Work on a rostered day off

(a) When an employees is not given the days off provided for in clause 22.4, the employee shall be paid at the rate of double time for all work done on any such day or days with a minimum payment of 4 hours.

25.9 Insufficient Break

Insufficient break’ represents all time worked before the expiration of eleven hours from completion of the duty on one day and the resumption of duty - except during the distant engagements - and shall be compensated as follows:

(a) If the break is less than eight hours, overtime shall be paid at the rate of double time for all work done before the expiration of eleven hours break.

(b) If the break is eight hours or more, overtime shall be paid at the rate of time and a half for all work done before the expiration of the eleven hour break.

(c) Time worked during any period of insufficient break shall not be included in the calculation of weekly hours.

15 The MEAA are seeking a four hour minimum for liquidation of time off in lieu. The Employers, CPA and Fairfax Media submit that this does not reflect the current practice in the industry and does not provide sufficient flexibility to recognise the current 'swings and roundabouts' arrangements used by most employers. It also does not facilitate employees being able to use these arrangements to leave early or start late to accommodate child care and other family responsibilities.


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(d) In no circumstances shall overtime involved in any of the foregoing sub-clauses be compensated for more than once.

25.10 Distant engagements

(a) Notwithstanding the above, overtime for employees employed in a metropolitan newspaper, wire service or a magazine on a distant engagement shall be governed by this clause.

(b) A distant engagement is an assignment requiring an employee to spend one or more nights away from the location where he or she is regularly employed (the place of origin), and on which the employee has at least six hours rest each night.

(c) Commencement and ceasing times for distant engagement

(i) Except as provided in sub-clause 25.10(c)(ii) a distant engagement begins from the time of departure on the assignment from the place of origin.

(ii) Where an employee is required to commence a distant engagement on a day on which the employee has commenced work but before the employee has completed eight hours of duty, the distant engagement shall commence eight hours after the employee commenced work on that day, and the employee shall be treated as having worked eight hours on that day in addition to any time worked that day on the distant engagement.

(iii) A distant engagement ends at whichever is the later of the time the returns to the place of origin, or if the employee performs work in connection with the distant engagement on the day the employee returns to the place of origin, at the time the employee ceases work on that day.

(iv) If a employee is required to resume work within twelve hours of completion of a distant engagement, the employee shall be paid overtime in accordance with sub-clause 25.9of this award.

(d) Calculation of ordinary hours of work, overtime and shift penalty payments and treatment of days off on a distant engagement.

(i) For the purpose of this subclause, “day” means a period of 24 hours. The calculation of days for a distant engagement shall commence from the time the distant engagement commences, with each day comprising successive periods of 24 hours.

(ii) Time spent working on any day where travel is by means approved by the employer, time spent travelling on any day shall be hours of duty on that day for the purpose of this subclause. Each employee shall be treated as working a minimum of nine hours on any day.


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(iii) Except as provided in subclause 25.10(d)(iv), overtime shall only occur where the hours of duty of an employee exceed 38 in seven consecutive days.

(iv) Work performed without any travel for more than eleven hours (irrespective of any meal break) on any day shall be overtime.

(v) No time shall be counted as overtime more than once.

(vi) All overtime worked on a distant engagement shall be either allowed as time off in lieu (at the rate of hour for hour and shall be given off in blocks of four hours), or paid at the rate of time and one half for the first eight hours and double time thereafter as determined by the employer.

(vii) If an employee is called upon to resume duty within twelve hours of completion of a distant engagement, overtime shall be paid at the rate of time and a half for all work done before the expiration of the twelve hour break.

(viii) An employee on a distant engagement shall be paid additional loadings in accordance with the provisions of clause 24.

(ix) For the purposes of sub-clause 25.10(d)(viii), ordinary hours of duty means the first nine hours of duty on any day except when those hours are overtime by reason of subclause 25.10(c)(iv).

(x) When an employee on a distant engagement is not given weekly days off duty to which an employee is entitled under sub-clause 22.4 of this Award, the employee shall be given the days off within fourteen days of the cessation of the distant engagement, in addition to any days off to which the employee is entitled in that fourteen day period with the days off to be continuous where the employee has been on a distant engagement for a week or more without being given any days off as provided for in sub-clause 22.4.

Part 6—Leave and Public Holidays

26. Annual leave

26.1 Annual leave is provided for in the NES.

26.2 Notwithstanding clause 26.1, employees required by their employer to work public holidays at ordinary hourly rates of pay:


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(a) engaged on a metropolitan daily newspaper, wire service, regional daily newspaper, suburban newspaper or a magazine, will be credited with an extra two weeks and three days' annual leave; and

(b) on a country non-daily newspaper will be credited with an extra two weeks' annual leave,

instead of any penalty provisions as provided for in clause 29.4. Except in relation to Good Friday and Christmas Day, if an employee is not required to work on a particular public holiday, the employer must notify the employee at least 14 days prior to the public holiday and that day will be deemed to be taken as an annual leave day.

26.3 Where an employee is credited an additional amount of annual leave in accordance with subclause 26.2, should Christmas Day or Good Friday fall during an employee's annual leave, the employee shall be allowed an extra day's annual leave or be paid double time rates for one day.

26.4 Payment for period of annual leave

[Option sought by the Employers, CPA and Fairfax Media]

Annual leave shall be paid at the employee's base rate of pay.

[Option sought by the MEAA]

Instead of the base rate of pay as referred to in the NES, an employee under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.

26.5 Annual leave loading

An employee who is entitled to annual leave in accordance with this clause shall, in respect of the period of such annual leave, be paid a loading of 17.5% of the applicable base rate of pay prescribed in clause 18 .

26.6 Requirement to take annual leave notwithstanding terms of the NES

Notwithstanding the NES, if an employer has genuinely tried to reach agreement with an employee as to the timing of taking annual leave, the employer can require the employee to take annual leave by giving not less than four16eight17 weeks’ notice of the time when such leave is to be taken.

16 The Employers, CPA and Fairfax Media submit that four weeks' notice of the requirement to take annual leave be included for the reasons set out in the Employers' submission.

17 The MEAA seeks eight weeks' notice of the requirement to take annual leave.


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26.7 Paid leave in advance of accrued entitlement

By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing. Provided that if leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination of employment.

26.8 Annual close-down

Notwithstanding the NES, an employer may close-down an enterprise or part of it for the purpose of allowing annual leave to all or the majority of the employees in the enterprise or part concerned, provided that:

(a) the employer gives not less than four weeks' notice of intention to do so; and

(b) an employee who has accrued sufficient leave to cover the period of the close-down is allowed leave and is also paid for that leave at the appropriate wage in accordance with clauses 26.4 and 26.5;

(c) an employee who has not accrued sufficient leave to cover part or all of the close-down, is allowed paid leave for the period for which they have accrued sufficient leave and given unpaid leave for the remainder of the close-down;

(d) any leave taken by an employee as a result of a close-down pursuant to clause 26.8 also counts as service by the employee with their employer;

(e) the employer may only close down the enterprise or part of it pursuant to clause 26.8 for one or two separate periods in a year; and

(f) if the employer closes down the enterprise or part of it pursuant to clause 26.8 in two separate periods, one of the periods must be for a period of at least 14 consecutive days including non-working days.

27. Personal/carer’s leave and compassionate leave

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


(a) An employee covered by a pre-Act award or NAPSA, other than an enterprise award, immediately prior to the commencement of the operation of this Award that provided for more generous non-cumulative personal/carer's leave entitlements will be deemed to have the following leave balance as at 1 January 2010:


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(i) for a full time employee who has been employed since 1 April 2006, 35 days (pro rated for a part time employee) less any personal/carer's leave taken since 1 April 2006; and

(ii) for a full time employee who has commenced employment with the employer since 1 April 2006, the amount of non-cumulative leave to which the employee would have been entitled under the pre-Act award or NAPSA for a year (pro rated for a part time employee), less personal/carer's leave taken since the employee's commencement date.

(b) An employee's entitlement to personal/carer's leave from 1 January 2010 shall be in accordance with the subclause 27.1.

28. Community service leave

Community service leave is provided for in the NES.

29. Public holidays

29.1 This clause, other than subclause 29.2, does not apply to any employee receiving additional annual leave in accordance with clause 26.2 above.

29.2 An employee receiving additional annual leave in accordance with clause 26.2:

(a) is required to work on public holidays at ordinary rates of pay, unless directed to take a day of annual leave in accordance with clause 26.2;

(b) if the employee is required to work on Good Friday or Christmas Day, is entitled to an additional day off work in the fortnight in which that public holiday occurs. An employee and employer may agree to bank that additional day off to be taken at a later time.

29.3 Public holidays are provided for in the NES.

29.4 An employee required to work on a public holiday or a substitute day, as provided for in the NES or clause 29.5, will be provided with a day off in lieu or, if such a day off is not provided, paid double time and a half with a minimum payment of four hours.

29.5 Substitution of certain public holidays by agreement at the enterprise

(a) By agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned, an alternative day may be taken as the public holiday instead of any of the prescribed days.

(b) An employer and an individual employee may agree to the employee taking another day as the public holiday instead of the day which is being observed as the public holiday in the enterprise or part of the enterprise concerned.


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Schedule A—Translation table

A.1.1 The table in A.1.2 sets out the translation of grading under this award.

A.1.2 Table 1:

Band Award

Level

Relativity

%

Metropolitan Daily

Newspaper/Wire

Service

Regional Daily

Newspaper

Country non-

daily

newspaper

Specialist

Publications

Suburban

Newspaper

Band 1 1 115 Grade 1 Grade 1(a) Grade 1 Grade 1 Grade 1

2 120 Grade 1 (b) Grade 2 Grade 2

3 130 Grade 2 Grade 2(a) Grade 3 Grade 2 Grade 3

4 135 Grade 4

5 140 Grade 2(b) Grade 5 Grade 4

6 150 Grade 3 Grade 3 and Grade 6 Grade 5

7 160 Grade 4 Grade 3

Band 2 8 170 Grade 5 Grade 5(a) and Grade 7 Grade 4 Grade 6


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5(b)

9 185 Grade 6 Grade 6 and 7 Grade 8 Grade 5 Grade 7

10 200 Grade 7 Grade 8 Grade 6

Band 3 11 207.5 Grade 8

12 240 Grade 9

13 275 Grade 10


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