Fitness Industry Award 2010

fitness awards

Fitness Industry Award 2010 Fitness Industry Award 2010

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 20 June 2019 (PR704143,PR707511,PR707738,PR709080).

Clause(s) affected by the most recent variation(s):

Current review matter(s):AM2014/47;AM2014/190;AM2014/196;AM2014/197;AM2014/227;AM2014/300;AM2014/301;AM2015/1;AM2015/2;AM2016/15;AM2016/17;AM2016/8

Table of Contents

[Varied by PR532630,PR544519,PR546288,PR557581,PR573679,PR583004,PR584102,PR609423,PR610260,PR701497]

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A Consultation about changes to rosters or hours of work

9. Dispute resolution

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Full-time employment

12. Part-time employment

13. Casual employment

14. Termination of employment

15. Redundancy

Part 4—Minimum Wages and Related Matters

16. Classifications

17. Minimum wages

18. Allowances

19. District allowances

20. Accident pay

21. Higher duties

22. Payment of wages

23. Superannuation

Part 5—Hours of Work and Related Matters

24. Ordinary hours of work and rostering

25. Breaks

26. Overtime and penalty rates

26A. Requests for flexible working arrangements

Part 6—Leave and Public Holidays

27. Annual leave

28. Personal/carer’s leave and compassionate leave

29. Community service leave

30. Public holidays

31. Leave to deal with Family and Domestic Violence

Schedule A—Transitional Provisions

Schedule B—Classification Structure and Definitions

Schedule C—Supported Wage System

Schedule D—National Training Wage

Schedule E—Part-day Public Holidays

Schedule F—Agreement to Take Annual Leave in Advance

Schedule G—Agreement to Cash Out Annual Leave

Schedule H—Agreement for Time Off Instead of Payment for Overtime

Part 1—Application and Operation

1. Title

2. Commencement and transitional

3. Definitions and interpretation

4. Coverage

5. Access to the award and the National Employment Standards

6. The National Employment Standards and this award

7. Individual flexibility arrangements

1. Title

This award is the Fitness Industry Award 2010.

2. Commencement and transitional

[Varied by PR542214]

2.1 This award commences on 1 January 2010.

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

[2.4 varied by PR542214 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542214 ppc 04Dec13]

2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.

[2.6 varied by PR542214 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

3. Definitions and interpretation

[Varied by PR997772,PR503723,PR515150,PR531302,PR546080]

3.1 In this award,unless the contrary intention appears:

[Definition of all-up casual loading inserted by PR531302 from 16Nov12]

[Definition of default fund employee inserted by PR546080 ppc 01Jan14]

[Definition of defined benefit member inserted by PR546080 ppc 01Jan14]

[Definition of Division 2B State award inserted by PR503723 ppc 01Jan11]

[Definition of Division 2B State employment agreement inserted by PR503723 ppc 01Jan11]

[Definition of employee substituted by PR997772 from 01Jan10]

[Definition of employer substituted by PR997772 from 01Jan10]

[Definition of exempt public sector superannuation scheme inserted by PR546080 ppc 01Jan14]

[Definition of MySuper product inserted by PR546080 ppc 01Jan14]

[Definition of pool inserted by PR515150 ppc 29Sep11]

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

4. Coverage

[Varied by PR515150,PR515378]

4.1 This industry award covers employers throughout Australia engaged in the fitness industry and their employees in the classifications in this award to the exclusion of any other modern award.

4.2 This award does not cover employers or employees covered by the following awards:

[New 4.2(e) inserted by PR515150 ppc 29Sep11;corrected by PR515378 ppc 29Sep11]

[4.2(e) renumbered as 4.2(f) by PR515150 ppc 29Sep11;corrected by PR515378 ppc 29Sep11]

[4.2(f) renumbered as 4.2(g) by PR515150 ppc 29Sep11;corrected by PR515378 ppc 29Sep11]

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

4.4 This award does not cover an employee who is employed by the employer to provide administrative and other operational support outside of a fitness centre.

4.5 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

4.6 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

4.7 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.8 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

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

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. Individual flexibility arrangements

[Varied by PR542214;7—Award flexibility renamed and substituted by PR610260 ppc 01Nov18]

7.1 Despite anything else in this award,an employer and an individual employee may

8. Consultation about major workplace change

8A Consultation about changes to rosters or hours of work

9. Dispute resolution

agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

7.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

7.3 An agreement may only be made after the individual employee has commenced employment with the employer.

7.4 An employer who wishes to initiate the making of an agreement must:

7.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

7.6 An agreement must do all of the following:

7.7 An agreement must be:

7.8 Except as provided in clause 7.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

7.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

7.10 The employer and the employee must genuinely agree,without duress or coercion to any variation of an award provided for by an agreement.

7.11 An agreement may be terminated:

7.12 An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause.

7.13 The right to make an agreement under clause 7 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

[8—Consultation regarding major workplace change renamed and substituted by PR546288,8—Consultation renamed and substituted by PR610260 ppc 01Nov18]

8.1 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:

(c) commence discussions as soon as practicable after a definite decision has been made.

8.2 For the purposes of the discussion under clause 8.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

8.3 Clause 8.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

8.4 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 8.1(b).

8.5 In clause 8:

8.6 Where this award makes provision for alteration of any of the matters defined at clause 8.5,such alteration is taken not to have significant effect.

8A Consultation about changes to rosters or hours of work

[8A inserted by PR610260 ppc 01Nov18]

8A.1 Clause 8A 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.

8A.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

8A.3 For the purpose of the consultation,the employer must:

8A.4 The employer must consider any views given under clause 8A.3(b).

8A.5 Clause 8A is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

9. Dispute resolution

[Varied by PR542214;substituted by PR610260 ppc 01Nov18]

9.1 Clause 9 sets out the procedures to be followed if a dispute arises about a matter

10. Types of employment

11. Full-time employment

12. Part-time employment

13. Casual employment

14. Termination of employment

15. Redundancy

under this award or in relation to the NES.

9.2 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.

9.3 If the dispute is not resolved through discussion as mentioned in clause 9.2,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.

9.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 9.2 and 9.3,a party to the dispute may refer it to the Fair Work Commission.

9.5 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.

9.6 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.

9.7 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 9.

9.8 While procedures are being followed under clause 9 in relation to a dispute:

9.9 Clause 9.8 is subject to any applicable work health and safety legislation.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

10.1 An employee may be employed in one of the following categories:

11. Full-time employment

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

12. Part-time employment

12.1 A part-time employee is an employee who:

12.2 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,which days of the week the employee will work and the actual starting and finishing times each day.

12.3 Any agreed variation to the hours of work will be recorded in writing.

12.4 An employer is required to roster a part-time employee for a minimum of three consecutive hours on a shift or a minimum of three hours,exclusive of meal breaks,on a broken shift.

12.5 An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 13Casual employment.

12.6 All time worked in excess of the hours as agreed under clause 12.2 or varied under clause 12.3 will be overtime and paid for at the rates prescribed in clause 26Overtime and penalty rates.

12.7 A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed in clause 17Minimum wages for the work performed.

13. Casual employment

[Varied by PR531302,PR700564]

13.1 A casual employee is an employee engaged and paid as such.

13.2 A casual employee for working ordinary hours on Monday to Friday must be paid per hour at the rate of 1/38th of the minimum weekly rate prescribed in clause 17Minimum wages for the work being performed plus a casual loading of 25%.

13.3 A casual employee for working ordinary hours on a Saturday,Sunday or public holiday must be paid per hour at the rate of 1/38th of the minimum weekly rate prescribed in clause 17Minimum wages for the work being performed plus a casual loading of 30%.

13.4 Subject to clauses 13.5 and 26.3(c),a casual employee must be engaged for a minimum period of three hours’work at the appropriate rate or be paid per engagement for a minimum of three hours at the appropriate rate.

[13.5 varied by PR531302 from 16Nov12]

13.5 Notwithstanding clause 13.4 and subject to clause 26.3(c),a casual employee who is classified as a Level 2,3,3A,4 or 4A instructor or trainer or as a student undertaking practical work involvement may be engaged for a minimum period of one hour’s work at the appropriate rate or be paid per engagement for a minimum of one hour’s work at the appropriate rate.

13.6 Right to request casual conversion

[13.6 inserted by PR700564 ppc 01Oct18]

(h) For any ground of refusal to be reasonable,it must be based on facts which are known or reasonably foreseeable.

(i) Where the employer refuses a regular casual employee’s request to convert,the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the employer’s refusal,this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 8.1. Under that procedure,the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(j) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause,the employer and employee must discuss and record in writing:

<ul><p><b>(i)</b> the form of employment to which the employee will convert –that is,full-time or part-time employment;and</p>    <p><b>(ii)</b> if it is agreed that the employee will become a part-time employee,the matters referred to in clause <a href="http://awardviewer.fwo.gov.au/#P267_20636">12.2</a>.</p>  </ul><p><b>(k)</b> The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.</p>  <p><b>(l)</b> Once a casual employee has converted to full-time or part-time employment,the employee may only revert to casual employment with the written agreement of the employer.</p>  <p><b>(m)</b> A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage),or have their hours reduced or varied,in order to avoid any right or obligation under this clause.</p>  <p><b>(n)</b> Nothing in this clause obliges a regular casual employee to convert to full-time or part-time employment,nor permits an employer to require a regular casual employee to so convert.</p>  <p><b>(o)</b> Nothing in this clause requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.</p>  <p><b><a></a><a></a>(p)</b> An employer must provide a casual employee,whether a regular casual employee or not,with a copy of the provisions of this subclause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018,an employer must provide such employees with a copy of the provisions of this subclause by 1 January 2019.</p>  <p><b>(q)</b> A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in paragraph <a href="http://awardviewer.fwo.gov.au/#P304_27258">(p)</a>.

14. Termination of employment

[14 substituted by PR610260 ppc 01Nov18]

Note:The NES sets out requirements for notice of termination by an employer. See ss.117 and 123 of the Act.

14.1 Notice of termination by an employee

(b) of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

(c) In paragraph (b) continuous service has the same meaning as in s.117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under paragraph (b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under paragraph (b),then no deduction can be made under paragraph (d).

(f) Any deduction made under paragraph (d) must not be unreasonable in the circumstances.

14.2 Job search entitlement

14.3 The time off under clause 14.2 is to be taken at times that are convenient to the employee after consultation with the employer.

15. Redundancy

[Varied by PR503723;PR561478;substituted by PR706950 ppc 03May19]

NOTE:Redundancy pay is provided for in the NES. See sections 119–123 of the Act.

15.1 Transfer to lower paid duties on redundancy

(c) If the employer acts as mentioned in paragraph (b)(ii),the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role,and the ordinary rate of pay (also inclusive of all-purpose allowances and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

15.2 Employee leaving during redundancy notice period

15.3 Job search entitlement

Part 4—Minimum Wages and Related Matters

16. Classifications

17. Minimum wages

18. Allowances

19. District allowances

20. Accident pay

21. Higher duties

22. Payment of wages

23. Superannuation

16. Classifications

The classification structure and definitions for this award are set out in Schedule B—Classification Structure and Definitions. An employer must advise an employee in writing of their classification on commencement and of any changes to their classification.

17. Minimum wages

[Varied by PR997968,PR509125,PR522956,PR531302,PR536759,PR551682,PR566773,PR579880, PR592195,PR593869,PR606420,PR707511]

17.1 Adults

[17.1 varied by PR997968,PR509125,PR522956;substituted by PR531302,PR566773 ppc 01Jul15;varied by PR579880,PR592195,PR606420,PR707511 ppc 01Jul19]

The minimum wages for an adult employee are as follows:

17.2 Juniors

17.3 Supported wage system

17.4 National training wage

[17.4 substituted by PR593869 ppc 01Jul17]

[17.4(b) varied by PR606420,PR707511 ppc 01Jul19]

18. Allowances

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR998115,PR509246,PR523076,PR531302,PR536879,PR551802,PR566903,PR579600,PR592349,PR606572,PR704143,PR707738]

18.1 Leading hands and supervisors

[18.1 varied by PR531302 from 16Nov12]

18.2 Meal allowance

[18.2 varied by PR998115,PR509246,PR523076,PR536879,PR551802,PR566903,PR579600,PR592349,PR606572,PR704143,PR707738 ppc 01Jul19]

18.3 Vehicle allowance

[18.3(a) varied by PR523076,PR536879,PR551802 ppc 01Jul14]

[18.3(b) varied by PR551802 ppc 01Jul14]

18.4 Broken shift allowance

[18.4 varied by PR998115,PR523076,PR536879,PR551802,PR606572,PR704143,PR707738 ppc 01Jul19]

18.5 First aid allowance

18.6 Uniforms and protective clothing

18.7 Travelling time and fares

18.8 Sleepover allowance

(d) The sleepover allowance is equivalent to three hours payment at the employee’s ordinary rate of pay. Such payment is compensation for the sleepover and for all necessary work of up to two hours duration during the sleepover period. Any necessary work in excess of two hours during the sleepover period must be compensated at overtime rates in addition to the sleepover allowance.

(e) An employee on a sleepover must not be required to work more than eight hours before,and/or more than eight hours after,a sleepover,unless provision has been made at a workplace to work longer hours for the purpose of providing more continuous leisure time within the roster and this arrangement has the genuine agreement of the employees affected and does not adversely affect the health and safety of the employee(s) involved.

18.9 Adjustment of expense related allowances

19. District allowances

[19 deleted by PR561478 ppc 05Mar15]

20. Accident pay

[Varied by PR503723;deleted by PR561478 ppc 05Mar15]

21. Higher duties

An employee appointed by the employer to perform the work of a classification higher than the employee’s usual classification must be paid at least the rate applicable to the higher classification for the hours worked.

22. Payment of wages

[Varied by PR610128]

22.1 Frequency of payment

22.2 Method of payment

22.3 Day off coinciding with payday

22.4 Absences from duty under an averaging system

22.5 Payment on termination of employment

[22.5 inserted by PR610128 ppc 01Nov18]

(b) The requirement to pay wages and other amounts under paragraph (a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

Note 1:Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.

Note 2:Paragraph (b) allows the Commission to make an order delaying the requirement to make a payment under this clause. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under s.120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

Note 3:State and Territory long service leave laws or long service leave entitlements under s.113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

23. Superannuation

[Varied by PR998455,PR530226,PR546080]

23.1 Superannuation legislation

23.2 Employer contributions

23.3 Voluntary employee contributions

23.4 Superannuation fund

[23.4(b) substituted by PR530226 ppc 26Oct12]

[23.4(h) deleted by PR546080 ppc 01Jan14]

[23.4(i) renumbered as 23.4(h) by PR546080 ppc 01Jan14]

[23.4(j) deleted by PR546080 ppc 01Jan14]

[23.4(k) renumbered as 23.4(i) by PR546080 ppc 01Jan14]

[23.4(l) renumbered as 23.4(j) by PR546080 ppc 01Jan14]

[23.4(m) deleted by PR546080 ppc 01Jan14]

[23.4(n) renumbered as 23.4(k) by PR546080 ppc 01Jan14]

[New 23.4(o) inserted by PR998455 from 1Jan10;renumbered as 23.4(l) by PR546080 ppc 01Jan14]

[23.4(o) renumbered as 23.4(p) by PR998455 from 1Jan10,renumbered as 23.4(m) and varied by PR546080 ppc 01Jan14]

[New 23.4(n) inserted by PR546080 ppc 01Jan14]

23.5 Absence from work

Part 5—Hours of Work and Related Matters

24. Ordinary hours of work and rostering

25. Breaks

26. Overtime and penalty rates

24. Ordinary hours of work and rostering

24.1 The ordinary hours of work for a full-time employee must not exceed an average of 38 hours per week over a period of four weeks. Such hours may be worked over any five days of the week,between the hours of:

24.2 The ordinary hours of work for a full-time or part-time employee must not exceed 10 hours on any one day.

24.3 An employee may be rostered to work a broken shift on any day provided that:

24.4 An employee must be notified by their employer of their rostered hours. At least seven days’notice must be given by an employer to an employee of any change in their rostered hours,except in the case of an emergency.

24.5 Rostered days off (RDO)

24.6 Make-up time

25. Breaks

25.1 Meal break

25.2 Rest break

26. Overtime and penalty rates

[Varied by PR584102]

26.1 Overtime rates

26.2 Break between shifts

26.3 Payment for working Saturdays,Sundays and public holidays

26.4 Time off instead of payment for overtime

26A. Requests for flexible working arrangements

27. Annual leave

28. Personal/carer’s leave and compassionate leave

29. Community service leave

30. Public holidays

31. Leave to deal with Family and Domestic Violence

[26.4 substituted by PR584102 ppc 22Aug16]

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

<ul><p>EXAMPLE:By making an agreement under clause <a href="http://awardviewer.fwo.gov.au/#P595_51226">26.4</a> an employee who worked 2 overtime hours is entitled to 2 hours’time off.</p>  </ul><p><b><a></a><a></a>(e)</b> Time off must be taken:</p>    <ul><p><b>(i)</b> within the period of 6 months after the overtime is worked;and</p>    <p><b>(ii)</b> at a time or times within that period of 6 months agreed by the employee and employer.</p>  </ul><p><b>(f)</b> If the employee requests at any time,to be paid for overtime covered by an agreement under clause <a href="http://awardviewer.fwo.gov.au/#P595_51226">26.4</a> but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.</p>  <p><b>(g)</b> If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph <a href="http://awardviewer.fwo.gov.au/#P614_53040">(e)</a>,the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.</p>  <p><b>(h)</b> The employer must keep a copy of any agreement under clause <a href="http://awardviewer.fwo.gov.au/#P595_51226">26.4</a> as an employee record.</p>  <p><b>(i)</b> An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.</p>  <p><b>(j)</b> An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause <a href="http://awardviewer.fwo.gov.au/#P595_51226">26.4</a> will apply,including the requirement for separate written agreements under paragraph <a href="http://awardviewer.fwo.gov.au/#P605_51694">(b)</a> for overtime that has been worked.</p>    <ul><p>Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).</p>  </ul><p><b>(k)</b> If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause <a href="http://awardviewer.fwo.gov.au/#P595_51226">26.4</a> applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.</p>    <ul><p>Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause <a href="http://awardviewer.fwo.gov.au/#P595_51226">26.4</a>.</p></ul><p><a></a><b><a></a><a></a><a></a>26A. Requests for flexible working arrangements</b>

[26A inserted by PR701497 ppc 01Dec18]

26A.1 Employee may request change in working arrangements

26A.2 Responding to the request

26A.3 What the written response must include if the employer refuses the request

26A.4 What the written response must include if a different change in working arrangements is agreed

26A.5 Dispute resolution

Part 6—Leave and Public Holidays

27. Annual leave

[Varied by PR583004]

27.1 Annual leave is provided for in the NES.

27.2 During a period of annual leave an employee must also be paid an annual leave loading of 17.5%.

27.3 Annual leave in advance

[27.3 inserted by PR583004 ppc 29Jul16]

(c) The employer must keep a copy of any agreement under clause 27.3 as an employee record.

(d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 27.3,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

27.4 Cashing out of annual leave

[27.4 inserted by PR583004 ppc 29Jul16]

(e) An agreement under clause 27.4 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 27.4 as an employee record.

Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 27.4.

Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 27.4.

Note 3:An example of the type of agreement required by clause 27.4 is set out at Schedule G. There is no requirement to use the form of agreement set out at Schedule G.

27.5 Excessive leave accruals:general provision

[27.5 inserted by PR583004 ppc 29Jul16]

27.6 Excessive leave accruals:direction by employer that leave be taken

[27.6 inserted by PR583004 ppc 29Jul16]

(c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect.

(d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given.

Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 27.6(b)(i).

Note 2:Under section 88(2) of the Fair Work Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

27.7 Excessive leave accruals:request by employee for leave

[27.7 inserted by PR583004 ppc 29Jul16;substituted by PR583004 ppc 29Jul17]

(c) A notice given by an employee under paragraph (a) must not:

<ul><p><b>(i)</b> if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause <a href="http://awardviewer.fwo.gov.au/#P679_61254">27.5</a>,<a href="http://awardviewer.fwo.gov.au/#P686_62186">27.6</a> or <a href="http://awardviewer.fwo.gov.au/#P698_63873">27.7</a> or otherwise agreed by the employer and employee) are taken into account;or</p>    <p><b>(ii)</b> provide for the employee to take any period of paid annual leave of less than one week;or</p>    <p><b>(iii)</b> provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or</p>    <p><b>(iv)</b> be inconsistent with any leave arrangement agreed by the employer and employee.</p>  </ul><p><b>(d)</b> An employee is not entitled to request by a notice under paragraph <a href="http://awardviewer.fwo.gov.au/#P700_64008">(a)</a> more than 4 weeks’paid annual leave in any period of 12 months.</p>  <p><b>(e)</b> The employer must grant paid annual leave requested by a notice under paragraph <a href="http://awardviewer.fwo.gov.au/#P700_64008">(a)</a>.

28. Personal/carer’s leave and compassionate leave

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

29. Community service leave

Community service leave is provided for in the NES.

30. Public holidays

30.1 Public holidays are provided for in the NES.

30.2 An employer and an employee may by agreement substitute another day for a public holiday.

31. Leave to deal with Family and Domestic Violence

[31 inserted by PR609423 ppc 01Aug18]

31.1 This clause applies to all employees,including casuals.

31.2 Definitions

(b) A reference to a spouse or de facto partner in the definition of family member in clause 31.2(a) includes a former spouse or de facto partner.

31.3 Entitlement to unpaid leave

31.4 Taking unpaid leave

31.5 Service and continuity

31.6 Notice and evidence requirements

(b) Evidence

<ul><p>An employee who has given their employer notice of the taking of leave under clause <a href="http://awardviewer.fwo.gov.au/#P718_66071">31</a> must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause <a href="http://awardviewer.fwo.gov.au/#P736_67567">31.4</a>. </p>    <p>Note:Depending on the circumstances such evidence may include a document issued by the police service,a court or a family violence support service,or a statutory declaration.</p></ul><p><b>31.7 Confidentiality </b></p>  <ul><p><b>(a)</b> Employers must take steps to ensure information concerning any notice an employee has given,or evidence an employee has provided under clause <a href="http://awardviewer.fwo.gov.au/#P743_68322">31.6</a> is treated confidentially,as far as it is reasonably practicable to do so.</p>  <p><b>(b)</b> Nothing in clause <a href="http://awardviewer.fwo.gov.au/#P718_66071">31</a> prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life,health or safety of the employee or another person.</p>  <p>Note:Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information. </p></ul><p><b>31.8 Compliance </b></p>  <ul><p>An employee is not entitled to take leave under clause <a href="http://awardviewer.fwo.gov.au/#P718_66071">31</a> unless the employee complies with clause <a href="http://awardviewer.fwo.gov.au/#P718_66071">31</a>.</p></ul><p><a></a><b><a></a><a></a><a></a><a></a><a></a>Schedule A—Transitional Provisions</b>

[Varied by PR503723,PR531302]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

A.1.2 The provisions of this schedule are to be applied:

A.2 Minimum wages –existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

A.2.2 In this clause minimum wage includes:

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages –existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

A.3.2 In this clause minimum wage includes:

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

[A.4 substituted by PR531302 from 01Jan10]

A.5 Loadings and penalty rates –existing loading or penalty rate lower

A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates –existing loading or penalty rate higher

A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates –no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8 Former Division 2B employers

[A.8 inserted by PR503723 ppc 01Jan11]

A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—Classification Structure and Definitions

[Sched B varied by PR999528,PR515150,PR531302,PR542214,PR608870]

B.1 Level 1

B.1.1 An employee at this level works under direct supervision with specific instructions and procedures and after appropriate in-house training. Duties may include any or all of the following:

[B.1.1(c)(viii) varied by PR608870 ppc 16Jul18]

<ul><p><b>(viii)</b> door duties,attending a cloakroom or car park not involving the handling of cash;and</p></ul><p>[B.1.1(c)(ix) inserted by <u><a href="https://www.fwc.gov.au/documents/awardsandorders/html/pr608870.htm" target="_top" rel="noopener noreferrer">PR608870</a></u> ppc 16Jul18]</p>    <ul><p><b>(ix)</b> swimming and water safety teaching. To avoid doubt,an employee is classified at Level 2 or above if their duties include being responsible for the provision of any part of swimming and water safety teaching without being directly supervised as part of structured training/learning.</p></ul><p><b><a></a><a></a>B.2 Level 2</b>

[B.2.1 substituted by PR608870 ppc 16Jul18]

B.2.1 An employee at this level has:

B.2.2 An employee at this level:

[B.2.2(b)(ii) varied by PR608870 ppc 16Jul18]

[B.3 varied by PR999528;substituted by PR515150,PR531302 from 16Nov12]

B.3.1 An employee at this level works under general supervision which requires operation within defined areas of responsibility with adherence to established guidelines and procedures and who is employed to carry out work associated with the centre’s operations.

B.3.2 An employee at this level is able to fulfil a role at Level 1 and 2 where relevant and supervises Level 1 and 2 employees where requested.

B.3.3 An employee at this level may also be:

[B.3.3(a)(i) substituted by PR608870 ppc 16Jul18]

[B.4 varied by PR999528;substituted by PR515150,PR531302 from 16Nov12]

B.4.1 An employee at this level performs the duties of a Level 3 and who:

[B.4.2 substituted by PR542214 ppc 04Dec13]

B.4.2 Any dispute concerning an employee’s entitlement to be paid at Level 3A may be referred to the Fair Work Commission for determination. The Fair Work Commission may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge derived from the Fitness Industry Certificate III competencies,and that these are relevant to the work the employee is doing.

B.5 Level 4

[B.5 substituted by PR531302 from 16Nov12]

B.5.1 An employee at this level works under limited supervision and guidance and is required to exercise initiative and judgment in the performance of their duties and who is employed to carry out work associated with the centre’s operations.

B.5.2 An employee at this level receives broad instructions and their work is checked intermittently.

B.5.3 An employee at this level may also be:

[B.5.3(a)(i) substituted by PR608870 ppc 16Jul18]

B.6 Level 4A

[B.6 substituted by PR531302 from 16Nov12]

B.6.1 An employee at this level performs the duties of a Level 4:

[B.6.2 substituted by PR542214 ppc 04Dec13]

B.6.2 Any dispute concerning an employee’s entitlement to be paid at Level 4A may be referred to the Fair Work Commission for determination. The Fair Work Commission may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge derived from the AQF Certificate Level IV competencies,and that these are relevant to the work the employee is doing.

B.7 Level 5

[B.7 substituted by PR531302 from 16Nov12]

B.7.1 An employee at this level:

(d) has demonstrated an ability to train or develop programs for special groups.

B.7.2 An employee at this level exercises high levels of initiative and judgment with broad instruction in the performance of their duties. An employee at this level would be able to supervise Level 4 employees where requested.

B.8 Level 6

[B.8 substituted by PR531302 from 16Nov12]

B.8.1 An employee at this level has duties which include but are not limited to:

B.9 Level 7

[B.9 inserted by PR531302 from 16Nov12]

B.9.1 An employee at this level is engaged in supervising,training and coordinating employees,is responsible for the maintenance of service and operational standards and exercises substantial responsibility and independent initiative and judgment with a requisite knowledge of their specific field and of the employer’s business.

B.9.2 An employee at this level has:

B.9.3 Indicative duties at this level are:

[B.10 inserted by PR531302 from 16Nov12]

B.10 Employees classified under the provisions of B.2.2(a),B.2.2(b),B.3.3,B.4.1,B.5.3,B.6.1,B.7.1,B.8.1,B.9.2 will hold,at all times,the relevant accreditations required by both this award’s classification descriptors and state and territory legislation permitting work with children (e.g. Child Protection Police Checks). In the event of any employee losing,having suspended,or being refused such accreditation,they will advise their employer(s) within 14 days of such loss,refusal or suspension.

[B.11 inserted by PR608870 ppc 16Jul18]

B.11 Any dispute concerning the correct classification for a swimming and water safety teacher or swimming coach will be referred to the Fair Work Commission for determination.

Schedule C—Supported Wage System

[Sched C varied by PR998748,PR510670,PR525068,PR537893,PR542214,PR551831,PR568050,PR581528, PR592689,PR606630,PR709080]

C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

[C.2 varied by PR568050 ppc 01Jul15]

C.2 In this schedule:

C.3 Eligibility criteria

C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award,because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

C.4 Supported wage rates

C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

[C.4.2 varied by PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689,PR606630,PR709080 ppc 01Jul19]

C.4.2 Provided that the minimum amount payable must be not less than $87 per week.

C.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.

C.5 Assessment of capacity

C.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join.

C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement,and retained by the employer as a time and wages record in accordance with the Act.

C.6 Lodgement of SWS wage assessment agreement

[C.6.1 varied by PR542214 ppc 04Dec13]

C.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to the employee,must be lodged by the employer with the Fair Work Commission.

[C.6.2 varied by PR542214 ppc 04Dec13]

C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment,the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

C.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

C.8 Other terms and conditions of employment

Where an assessment has been made,the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

C.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area.

C.10 Trial period

C.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[C.10.3 varied by PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528, PR592689,PR606630,PR709080 ppc 01Jul19]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.

C.10.4 Work trials should include induction or training as appropriate to the job being trialled.

C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period,a further contract of employment will be entered into based on the outcome of assessment under clause C.5.

Schedule D—National Training Wage

[Sched D varied by PR997968,PR509125,PR522956,PR536759,PR545787,PR551682,PR566773,PR579880;deleted by PR593869 ppc 01Jul17]

Schedule E—Part-day Public Holidays

[Sched E inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863,PR598110,PR701683 ppc 21Nov18]

This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.

E.1 Where a part-day public holiday is declared or prescribed between 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

This schedule is not intended to detract from or supplement the NES.

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR583004 ppc 29Jul16]

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age – include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule G—Agreement to Cash Out Annual Leave

[Sched G inserted by PR583004 ppc 29Jul16]

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule H—Agreement for Time Off Instead of Payment for Overtime

[Sched H inserted by PR584102 ppc 22Aug16]

Link to PDF copy of Agreement for Time Off Instead of Payment for Overtime.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee may take time off instead of being paid for the following amount of overtime that has been worked by the employee:

Date and time overtime started://20___ ____ am/pm

Date and time overtime ended://20___ ____ am/pm

Amount of overtime worked:_______ hours and ______ minutes

The employer and employee further agree that,if requested by the employee at any time,the employer must pay the employee for overtime covered by this agreement but not taken as time off. Payment must be made at the overtime rate applying to the overtime when worked and must be made in the next pay period following the request.

Signature of employee:________________________________________

Date signed://20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

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