s.185 SINGLE ENTERPRISE AGREEMENT LEGISLATIVE CHECKLIST
This checklist has been prepared by the Fair Work Commission’s administrative staff. It may not reflect the views
of the Commission Member dealing with the enterprise agreement approval application, who will form their own
views about the matters set out in this checklist.
Matter: AG 2021/7038 (Victorian Branch)(Staff and Council) Enterprise Agreement 2020-2024.
Member: Deputy President Masson
SUMMARY OF ISSUES WITH THE APPLICATION
Section 1: Forms and Representation – No issues
Note. The agreement contains an error in clause 21.6.2(b) and clause 52A.4(c)(ii)(C) of the agreement.
The
Applicant may be invited to make a request for a correction under s586 of the Act.
Section 2: Pre-approval requirements - Form F17
Supporting Documentation: The response to Questions 18-21 of the Form F17 indicates that employees were
emailed the NERR, but copies of these emails have not been provided to the Commission to substantiate these
submissions.
Copies of these emails may need to be sought.
Explanation of Agreement: The response to Question 22 of the Form F17 indicates that an explanatory document
highlighting the changes and improvements to the agreement was posted on the intranet and emailed to
employees. The document lists the beneficial terms in the agreement. No information has been provided on any
additional steps taken to explain the agreement. It is unclear if the requirements of s180(5) of the Act and the One
Key decision have been satisfied.
Further information may be required from the employer to establish how the
terms and effects of the Agreement were explained to employees and what was told to employees to be satisfied
s.180(5) was met.
Section 3: Terms of the Agreement
Definition of Shiftworker: Clause 30.1.1 of the agreement does not appear to define a shiftworker for the
purposes of the NES, as required by s196(2) of the Act. However, it is noted that clause 30.1.1 of the agreement
appears to provide all employees with at least 5 weeks of annual leave.
Undertakings may address this issue.
Section 4: National Employment Standards (NES)
The agreement has an effective NES precedence term at clause 4.3 which may resolve the following NES
inconsistencies identified in the agreement:
Personal Leave: Clause 40.4.4 of the agreement prohibits an employee from taking carer’s leave where another
person has taken leave to care for the same person whereas the NES does not contain such restrictions
.
The NES precedence clause could be relied on or alternatively undertakings could be sought to address the above
inconsistencies.
Checklist template updated:
30 August 2021
www.fwc.gov.au
1/23
SUMMARY OF BOOT
Better off overall test (BOOT) Summary - For detailed analysis, see section 5 of the checklist
The agreement covers union employees in the Victorian Branch of the ANMF and provides rates that are
38.83%-
187.72% above the Clerks Award and
32.12%-63.48% above the Post-Secondary Award. The Awards are excluded.
The response to Question 9 of the Form F17 does not appear to contain classification matching for a number of
employees in Appendix 2-3 of the agreement. These classifications have been assumed to be Clerks Award
employees and have been highlighted in yellow in the pay rate comparison at page 7 of the checklist. These
employees have been matched to the highest level in the Clerks Award (Level 5). It is unclear if this is correct.
However, it is noted that when matched against the highest Level in the Award, these employees receive at least
88.51% above the Award.
The only issue in the agreement is the lack of part time minimum engagement, which will only be an issue for part
time employees in classifications that receive rates that are closer to the Award rates. It is unclear if it is likely for
part time employees to be required to work shifts that are lesser than the relevant Award minimum engagement.
The rates of pay appear to be high enough to compensate for any other reductions in the agreement (besides the
above).
The agreement does provide many benefits such as higher Saturday overtime penalty, higher casual minimum
engagement, TOIL at overtime rates, 5 weeks annual leave for all employees, clinical practice leave, pre-adoption
leave, pre-natal appointment leave, paid parental leave, community contribution leave, blood donor leave, special
disaster leave, menstrual, menopause, IVF treatment and gender transition leave, additional paid family violence
leave, study leave, examination leave, professional development leave, additional severance pay, and additional
allowances.
Checklist template updated:
30 August 2021
www.fwc.gov.au
2/23
SUMMARY OF APPLICATION
ADMINISTRATIVE INFORMATION
Prepared by
Prita
Name of Employer(s)
Australian Nursing and Midwifery Federation T/A Australian Nursing and
Midwifery Federation (Victorian Branch)
Lodgment Date
2 September 2021
AGREEMENT INFORMATION
Background Information
The agreement covers union employees in the Victorian Branch of the
(industry, union
ANMF;
involvement, number of
The agreement also covers the ASU;
employees, whether
136/181 employees voted and 89/136 employees approved;
involved in engagement
session etc.)
Modern Award(s) (Q8 F17)
Educational Services (Post-Secondary Education) Award; Clerks Private Sector
Award;
Award(s) Incorporated
Silent
NES Precedence Term
Cl. 4.3 – “For the avoidance of doubt, the NES prevails to the extent that any
aspect of this Agreement would otherwise be detrimental to an Employee”
MISCELLANEOUS CONSIDERATIONS
CONSIDERATION
Marked if ‘Yes’
Request to be expedited
☐
Are there any missing documents including material incorporated?
☐
Separate signature page(s)
☐
Confidentiality request
☐
Request for s.586 correction
☐
Pre-emptive undertaking
☐
Inconsistencies or omissions on declaration
☐
Details of any considerations for Member:
Checklist template updated:
30 August 2021
www.fwc.gov.au
3/23
Marked if
SECTION 1: FORMS AND REPRESENTATION
an issue
Form F16 (s.185, rule 24 FW Rules)
☐
Signed and dated by employer or bargaining representative (if bargaining representative,
instrument of appointment must be provided)
Form F17 (s.185, rule 24(1) and (2) FW Rules)
☐
Signed by employer including date signed
Form F18 (s.183, s.185, rule 24(3) FW Rules) and/or Form F18A (s.183, s.185, rule 24 FW Rules)
☐
Signed by employee organisation or employee representative including date signed
Has every union bargaining representative listed on the Form F16 lodged a Form F18?
Does the union/s object to the approval of the agreement and/or have they raised any issues?
Agreement (s.185(2), reg. 2.06A FW Regs)
☐
Signed by the employer and at least 1 employee/employee representative and includes full name,
address and authority of each person.
Requests for documents
☐
Details of any issues or considerations for Member:
Checklist template updated:
30 August 2021
www.fwc.gov.au
4/23
SECTION 2: PRE-APPROVAL REQUIREMENTS – FORM F17
Requirement
Marked if Comments (if there is an
an issue
issue)
Employees covered by the agreement - (s.186(3), s.186(3A)) (Q4)
☐
Does the agreement cover all employees – if not, was the group
fairly chosen considering geographical, operational and
organisational distinctness?
NERR Provision (s.173, s.174, s.188(2), Sch 2.1 of FW Regs) (Q17,
☐
Q18, Q19)
The Notice of employee representational rights is in prescribed
form.
The employer took all reasonable steps taken to give the Notice to
each employee covered by the agreement and employed at the time
of notification.
NERR Provision – Timeliness (s.173(3), s.181, s.186(2)(a), s.188)
☐
(Q17, Q18, Q19, Q25)
The employer provided the Notice of employee representational
rights no later than 14 days after notification time.
Employees provided with the Notice of employee representational
rights at least 21 days before commencement of voting.
Voting Notification (s.186(2)(a), s.188) (s.180(3)) (Q20, Q25)
☐
The employer took all reasonable steps to notify employees of the
time, place and method of vote by the start of the access period.
Ensure that this is at least 7 clear days before voting commenced.
Provision of/access to agreement (s.186(2)(a), s.188) (s.180(2))
☐
(Q21, Q25)
The employer took all reasonable steps to give a copy of the
agreement and incorporated material to employees during the
access period or provide employees with access to it by the start of
access period.
Agreement explanation - (s. 186(2)(a), s. 188) (s.180(5), s.180(6))
☒
The response to Question 22
(Q5, Q6, Q22, Q23, Q24, Q25)
of the Form F17 indicates that
The employer took reasonable steps to explain the terms of the
an explanatory document
agreement and the effect of the terms while taking into account the
highlighting the changes and
particular circumstances and needs of relevant employees.
improvements to the
agreement was posted on the
intranet and emailed to
employees. The document
lists the beneficial terms in
the agreement. No
information has been
provided on any additional
steps taken to explain the
agreement. It is unclear if the
requirements of s180(5) of
the Act and the One Key
decision have been satisfied.
Checklist template updated:
30 August 2021
www.fwc.gov.au
5/23
Lodgment - (s.182(1), s.185(3)) (Q25 and Q1.4 of F16)
☐
Application was lodged no later than 14 days after agreement was
made.
Voting - (s.186(2)(a), s.188) (s.182(1)) (Q26)
☐
Did a majority of employees who cast a valid vote approve the
agreement?
Number covered
181
Number voted
136
Number voted to approve
89
Checklist template updated:
30 August 2021
www.fwc.gov.au
6/23
PAY RATE COMPARISON
Not entirely –
The classification matching in the response to Question 9 of the Form F17 does
not match the agreement levels to the specific paypoint in the relevant Award
level. As such, we have matched each agreement classification to the highest
Has the employer provided
paypoint in the relevant Award level.
classification matching?
The response to Question 9 of the Form F17 does not appear to contain
(Q9 F17)
classification matching for a number of employees in Appendix 2-3 of the
agreement. These classifications have been assumed to be Clerks Award
employees and have been highlighted in yellow in the pay rate comparison at
page 7 of the checklist. These employees have been matched to the highest level
in the Clerks Award (Level 5). It is unclear if this is correct.
Are test time rates provided? Yes – As at FFPPOA 1/12/20
If not, what rates have been
used? (s.193)
BASIS OF PAY RATE COMPARISON
Hourly Rate – The agreement hourly rate below has been calculated by dividing the fortnightly rate in Appendix 2-
3 of the agreement by 76 hours, as various references in the agreement have been made to 38-hour weeks.
Years – Appendix 2 and Appendix 3 of the agreement provides 3 different pay rates for each classification, at Year
1-2, and 5. It is unclear how progression occurs in the agreement. As Year 1 provides the lowest rates of pay, if
these employees are better off overall under the agreement, employees under the other years will also be better
off overall under the agreement.
APPENDIX 2 - INDUSTRIAL/ PROFESSIONAL OR I/P - CLERKS AWARD
Modern Award
Modern
Agreement Percentage
Classification
Agreement Classification
Award Rate Rate
Difference
Level 5
Senior Industrial Officer
27.32
78.61
187.72%
Level 5
Industrial Officer
27.32
67.76
148.03%
Level 5
Professional Officer
27.32
67.76
148.03%
Level 5
Maternity Services Officer
27.32
67.76
148.03%
Level 5
Mental Health Nursing Officer
27.32
67.76
148.03%
Level 5
Industrial Organiser
27.32
54.21
98.43%
Level 5
Member Response Quality Manager
27.32
59.63
118.27%
Level 5
Member Assistance Officer
27.32
54.21
98.43%
Level 5
Job Representative Training Coordinator
27.32
56.92
108.35%
Level 5
Job Representative Training Officer
27.32
54.21
98.43%
Level 3
Communications & Media Manager
25.00
67.76
171.05%
Level 3
Publications Officer
25.00
51.50
106.00%
Level 3
Digital Media Officer
25.00
51.50
106.00%
Level 5
OHS Unit Co-Ordinator
27.32
67.76
148.03%
Level 5
Deputy OHS Unit Co-Ordinator
27.32
56.92
108.35%
Level 5
OHS Officer
27.32
54.21
98.43%
Level 5
OHS Officer (Bul ying And Discrimination)
27.32
54.21
98.43%
Level 5
Graduate OHS Officer
27.32
51.50
88.51%
Level 5
Marketing And Events Manager
27.32
59.63
118.27%
Level 5
Recruitment Officer
27.32
54.21
98.43%
Level 5
Graduate & Final Year Student Support Officer
27.32
54.21
98.43%
Level 5
Environmental Health Officer
27.32
54.21
98.43%
Level 5
Operations Coordinator
27.32
51.50
88.51%
Level 5
Librarian
27.32
51.50
88.51%
Level 4
E-Learning Officer
26.26
54.21
106.44%
Checklist template updated:
30 August 2021
www.fwc.gov.au
7/23
APPENDIX 3 - ADMINISTRATIVE/SECRETARIAL OR ADMIN -CLERKS AWARD
Modern
Agreement Percentage
Modern Award Classification
Agreement Classification
Award Rate Rate
Difference
Level 5
Finance Manager
27.32
73.18
167.88%
Level 4
Deputy Finance Manager
26.26
54.21
106.44%
Level 3
Finance Assistant
25.00
39.54
58.16%
Level 2 Year 2
Receptionist
24.11
37.38
55.03%
Level 5
Support Services Manager
27.32
73.18
167.88%
Level 3
Facilities Coordinator
25.00
43.07
72.26%
Level 2 Year 2
Support Services Property And Maintenance Officer
24.11
37.85
57.00%
Level 2 Year 2
Support Services Mail Officer
24.11
33.47
38.83%
Level 3
Executive Assistant To Secretary
25.00
51.11
104.42%
Level 3
Personal Assistant To Assistant Secretary
25.00
43.07
72.26%
Level 2 Year 2
Industrial Professional Assistant
24.11
38.59
60.05%
Level 3
Communications And Media Assistant
25.00
45.40
81.60%
Cal centre principle customer contact specialist
Minutes Secretary
25.18
45.40
80.30%
Level 5
Senior Business Analyst/Developer
27.32
59.63
118.27%
Level 4
Business Analyst/Developer
26.26
53.55
103.92%
Cal centre principle customer contact specialist
Membership Services Officer Level 2
25.18
45.40
80.30%
Level 2 Year 2
Membership Services Officer
24.11
33.47
38.83%
Level 5
Information Technology Manager
27.32
59.63
118.27%
Level 4
Information Technology Systems Administrator
26.26
53.55
103.92%
Level 2 Year 2
Information Technology Support Officer/Assistant
24.11
33.47
38.83%
Level 5
Records Manager
27.32
59.63
118.27%
Level 2 Year 2
Records Officer
24.11
37.03
53.60%
Level 1 Year 2
Records Administrative Assistant
22.69
29.77
31.21%
Level 3
Events Officer
25.00
51.50
106.00%
Level 2 Year 2
Member Liaison Officer
24.11
47.43
96.74%
Level 2 Year 2
Hospitality/Administrative Assistant
24.11
33.47
38.83%
Level 5
Human Resources Manager
27.32
73.18
167.88%
Level 5
Human Resources Specialist
27.32
54.21
98.43%
Level 4
Human Resources Officer
26.26
51.11
94.62%
Level 3
Human Resources Administrator
25.00
43.07
72.26%
POST-SECONDARY AWARD
Modern
Agreement Percentage
Modern Award Classification
Agreement Classification
Award Rate Rate
Difference
General Staff Level 9
Education Manager
41.45
67.76
63.48%
Teachers other than TESOL teachers (C) L12 Program Educator (Curriculum Development)
34.84
56.92
63.38%
Teachers other than TESOL teachers (C) L12 Program Educator (Non-Curriculum Dev)
34.84
54.21
55.60%
General Staff Level 4.2
Compliance Officer
28.03
42.39
51.23%
General Staff Level 6.2
Librarian
34.03
51.50
51.34%
General Staff Level 4.2
Library Technician
28.03
37.03
32.12%
General Staff Level 2.2
Education Assistant
24.11
38.59
60.05%
Checklist template updated:
30 August 2021
www.fwc.gov.au
8/23
SECTION 3: TERMS OF THE AGREEMENT
Requirement/Consideration
Marked if an Clause/s
issue
Nominal expiry date (s.186(5)
☐
5.2
Is the nominal expiry date more than 4 years after approval date?
Date of commencement (s.54(1))
☐
5.1
Is the date of commencement anything other than 7 days after the date of
approval?
Superannuation term (s.186(4), s.194(h))
☐
21
If the Agreement specifies a superannuation fund:
does the fund offer a MySuper product; or
is the fund or scheme an exempt public sector superannuation scheme; or
is the fund a fund of which a relevant employee is a defined benefit member
of?
Shiftworker for the purposes of the NES (s.187(4), s.196)
☒
30.1
Agreement defines or describes an employee as a shiftworker for the purposes of
the NES?
Is this consistent with the definition in the relevant award(s)?
Unlawful terms, and designated outworker terms (s.172, s.186(4), s.186(4A),
☐
s.194, s.195, s.253)
Unlawful terms include discriminatory terms, objectionable terms, terms that
provide for a method which an employee or employer may elect not to be
Silent
covered by the agreement, terms about unfair dismissal, terms about industrial
action and terms about superannuation.
Right of entry term (s.186(4), s.194(f) & s.194(g)
☐
Does the agreement contain any terms that deal with the rights of officials or
employees or employees of employee organisations to enter the employer’s
55.5
premises?
Stand down provisions inconsistent with the Act?
☐
Silent
Deductions inconsistent with the Act?
☐
Silent
Dispute settlement term (s.186(6), reg 6.01, Sch 6.1 of FW Regs)
☐
78
Flexibility term (ss.202–204, reg 2.08, Sch 2.2 FW Regs)
☐
39.15
Consultation term (s.205, reg. 2.09, Sch 2.3 FW Regs)
☐
75
Details of any issues or considerations for Member:
Definition of Shiftworker: Clause 30.1.1 of the agreement does not appear to define a shiftworker for the
purposes of the NES, as required by s196(2) of the Act. However, it is noted that clause 30.1.1 of the agreement
appears to provide all employees with at least 5 weeks of annual leave.
Checklist template updated:
30 August 2021
www.fwc.gov.au
9/23
SECTION 4: NATIONAL EMPLOYMENT STANDARDS (
s.55, s.56, s.186(2)(c), s.196, s.253)
NES Precedence Term
Cl. 4.3 – “For the avoidance of doubt, the
Does the agreement contain a NES precedence term?
NES prevails to the extent that any aspect of
this Agreement would otherwise be
detrimental to an Employee”
Checklist template updated:
30 August 2021
www.fwc.gov.au
10/23
Requirement
Marked if an issue
Clause/s
Maximum weekly hours of work (s.62 – s.64)
☐
38 hours per week
Silent
Request for flexible working arrangements (s.65 – s.66)
☐
Section 65(1A) FW Act
39
Casual Conversion (s.66A)
☐
Must be offered casual conversion if employed for 12 months
and working regular pattern for 6 months. Employer can refuse
9.3
to make an offer if they have reasonable grounds. Employee can
make request in certain circumstances.
Parental leave (s.67 – s.88)
☐
12 months unpaid + right to request further 12 months
36
Annual leave (s.86 – s.94)
☐
4 weeks paid leave (5 weeks for shiftworkers)
30
Personal/carer’s leave (s.95 – s.107)
☒
10 days paid leave + 2 days paid compassionate leave + 2 days
40,43
unpaid leave when paid leave has been used
Community service leave (s.108 – s.112)
☐
10 days paid jury leave + unpaid emergency service leave
37,45
Long service leave (s.113 – s.113A)
☐
As per the pre-reform award or NAPSA, or is silent, or in
52-52A
accordance with state long service leave legislation
Public holiday (s.114 – s.116)
☐
Paid day off for each public holiday (employer can request
18
employee to work if such request is reasonable)
Notice of termination and redundancy (s.117 – s.123)
☐
Up to 4 weeks’ notice (5 weeks’ if over 45 and in job for over
2 years) depending on years of service AND between 4-16 weeks
74, 76
redundancy pay depending on years of service
Family and domestic violence leave (s.106A)
☐
5 days of unpaid family and domestic violence leave in a
44
12 month period
Fair Work Information Statement (s.124 – s.125)
☐
Details of any issues or considerations for Member:
Personal Leave: Clause 40.4.4 of the agreement prohibits an employee from taking carer’s leave where another
person has taken leave to care for the same person whereas the NES does not contain such restrictions
.
Checklist template updated:
30 August 2021
www.fwc.gov.au
11/23
SECTION 5: BETTER OFF OVERALL TEST (s.186(2)(d), s.193)
– POST-SECONDARY AWARD
Entitlements Analysis
Yes
No
Comment
Is the Award incorporated?
☐
☒
Is there only one applicable Award?
☐
☒
Better off overall
Are the rates of pay at least 60%
above the Award?
☐
☒
1.
Pay rates (loaded rates/annualised salaries)
Does the agreement contain any
loaded rates of pay?
☐
☒
2.Pay rates (non-loaded rates)
Are all the pay rates in the
Agreement paid above those
☒
☐
found in the Award?
3. Apprentices, juniors, trainees and supported wage
Does the Agreement cover juniors,
trainees or supported wage
☐
☒
employees?
4. Casual employees
Does the Agreement cover casual
employees?
☒
☐
Do casual employees receive a
casual loading that is equal to
☐
☒
or more than 125%?
Do casual employees receive
overtime and public holiday
penalty rates as well as
cumulative casual loading
☐
☒
equal to or more beneficial
than the Award?
Does the Agreement contain
minimum engagement periods
of at least 2 hours for teachers
☒
☐
and tutors/instructors, and 3
hours for general staff?
If no, are the rates of pay high enough
to compensate?
☐
☒
5.Part time entitlements
Does the Agreement cover part-time
employees?
☒
☐
Checklist template updated:
30 August 2021
www.fwc.gov.au
12/23
SECTION 5: BETTER OFF OVERALL TEST (s.186(2)(d), s.193)
– POST-SECONDARY AWARD
Entitlements Analysis
Yes
No
Comment
Does the Agreement provide
safeguards in relation to their
agreed hours work that are
consistent with the Award,
and not allow for variation of
☒
☐
their agreed hours beyond
what is permitted by the
Award?
Does the agreement provide
that part-time employees
receive overtime for work in
☐
☒
excess of their agreed hours or
an equivalent entitlement?
If not, are the pay rates high
enough to compensate for the
lack of overtime for part-time
☒
☐
employees?
Does the Agreement contain
minimum engagement periods
☐
☒
of at least 2 hours?
6.Hours of work
Does the agreement cover dayworkers
☒
☐
General Staff
Is the span of hours within 7am-7pm,
Monday to Friday, and 7am to
12.30pm on Saturday?
(Note: employee may be required to work
until 8.00 pm on up to a maximum of 8
weekdays within a 28 day period without
the entitlement to overtime if the ordinary
☒
☐
hours worked do not exceed the number of
hours within the nominated cycle.)
Teachers and Tutors / Instructors
38 hours per week (annualised over 12
months), when contract is less than a
calendar year
General Staff
Does the Agreement contain overtime
triggers which are identical to or more
beneficial than the Award?
Non–shiftworkers classified at Level 7 or
☐
☒
below:
In excess of the hours fixed for the
relevant work cycle;
Outside of ordinary hours
Checklist template updated:
30 August 2021
www.fwc.gov.au
13/23
SECTION 5: BETTER OFF OVERALL TEST (s.186(2)(d), s.193)
– POST-SECONDARY AWARD
Entitlements Analysis
Yes
No
Comment
If no, are the Agreement pay
rates high enough to
compensate for the lack of
☒
☐
triggers?
Does the Agreement provide for an
averaging of hours?
☐
☒
Does the agreement cover
shiftworkers?
☐
☒
7.Shift penalties and triggers
General Staff
Does the Agreement contain the
following shift triggers and penalties
that are equal to or more beneficial
than those found in the Award?
Afternoon shift means any shift finishing
after 7pm and at or before midnight: 115%
(140% for casuals)
The agreement does not appear to cover
☐
☒
shiftworkers
Night shift means any shift finishing after
midnight and at or before 7am: 115%
(140% for casuals)
Permanent night shift means a night shift
not rotating with another shift or day work,
continuing for not less than 4 consecutive
weeks: 130% (155% for casuals)
8.Weekend penalties
Does the Agreement appear to cover
dayworkers?
☒
☐
General Staff
Does the Agreement allow for
dayworkers to work ordinary hours on
☐
☒
the weekend?
Does the Agreement appear to cover
shiftworkers?
☐
☒
9.Public Holiday penalties
Does the agreement contain a public
holiday penalty that is equal to or
more than 250% for permanent
☐
☒
employees with a minimum of 4
hours?
If no, do the higher pay rates
compensate for these reductions?
☐
☒
10. Overtime
General Staff
Does the Agreement appear to cover
☒
☐
dayworkers?
Checklist template updated:
30 August 2021
www.fwc.gov.au
14/23
SECTION 5: BETTER OFF OVERALL TEST (s.186(2)(d), s.193)
– POST-SECONDARY AWARD
Entitlements Analysis
Yes
No
Comment
Monday to Friday: Does the Agreement
contain overtime rates for day workers
that are equal to or more than 150%
☒
☐
(first 2 hours) and 200% thereafter
(175% & 225% for casuals)?
Saturday: Does the Agreement contain
overtime rates for day workers that are
equal to or more than 150% (first 2
☒
☐
hours) and 200% thereafter? (175% &
225% for casuals)
Sunday: Does the Agreement contain
overtime rates for day workers that are
equal to or more than 200% (225% for
☒
☐
casuals)
Public Holidays: Does the Agreement
contain overtime rates for day workers
that are equal to or more than 200% -
☐
☒
min 4 hours
If the overtime rates are not equal to or
higher than the above for dayworkers,
are the Agreement pay rates high
☐
☒
enough to compensate?
General Staff
Does the Agreement appear to cover
☐
☒
shiftworkers?
Does the Agreement provide for TOIL?
☒
☐
Are the TOIL provisions generally
consistent with the Award?
Agree in writing
☐
☒
1:1
Taken within 6 months
Paid on termination at OT rates
If no, are the rates of pay high
enough to compensate?
☒
☐
11. Annual leave loading and allowances
Does the Agreement provide for
annual leave loading of at least 17.5%
or shift loading for shiftworkers (if the
☒
☐
shift loadings are greater than 17.5%)?
Does the Agreement omit allowances
found in the Award, or provide
allowances that are less beneficial
than those found in the Award? (Also
☒
☐
consider if the Agreement provides
more restrictive triggers to such
allowances than the Awards)
Checklist template updated:
30 August 2021
www.fwc.gov.au
15/23
SECTION 5: BETTER OFF OVERALL TEST (s.186(2)(d), s.193)
– POST-SECONDARY AWARD
Entitlements Analysis
Yes
No
Comment
12. Award specific considerations and other issues
Are there deficiencies in the below
other entitlements that would cause
employees to not be better off overall:
RDO
Call out/call back
☐
☒
Higher duties
Paid rest period
Working during meal break
Casual conversion
Does the Agreement contain any other
issues?
☐
☒
Does the agreement offer less
beneficial entitlements when
compared to the relevant Award that
☒
☐
when added together may result in
the agreement not passing the BOOT?
Checklist template updated:
30 August 2021
www.fwc.gov.au
16/23
SECTION 5: BETTER OFF OVERALL TEST (s.186(2)(d), s.193) –
CLERKS AWARD
Entitlements Analysis
Yes
No
Comment
Is the Award incorporated?
☐
☒
Is there only one applicable Award?
☐
☒
Better off overall
Are the rates of pay at least 60%
above the Award?
☐
☒
1. Pay rates (loaded rates/annualised salaries)
Does the agreement contain any
loaded rates of pay?
☐
☒
2.Pay rates (non-loaded rates)
Are all the pay rates in the
Agreement paid above those
☒
☐
found in the Award?
3. Juniors, trainees and supported wage
Does the Agreement cover juniors,
trainees or supported wage
☐
☒
employees?
4. Casual employees
Does the Agreement cover casual
employees?
☒
☐
Do casual employees receive a
casual loading that is equal to
☐
☒
or more than 125%?
Do casual employees receive
overtime and public holiday
penalty rates as well as
cumulative casual loading
☐
☒
equal to or more beneficial
than the Award?
Does the Agreement contain
minimum engagement periods
☒
☐
of at least 3 hours?
If no, are the rates of pay high enough
to compensate?
☐
☒
5.Part time entitlements
Does the Agreement cover part-time
employees?
☒
☐
Checklist template updated:
30 August 2021
www.fwc.gov.au
17/23
SECTION 5: BETTER OFF OVERALL TEST (s.186(2)(d), s.193) –
CLERKS AWARD
Entitlements Analysis
Yes
No
Comment
Does the Agreement provide
safeguards in relation to their
agreed hours work that are
consistent with the Award,
and not allow for variation of
☒
☐
their agreed hours beyond
what is permitted by the
Award?
Does the agreement provide
that part-time employees
receive overtime for work in
☐
☒
excess of their agreed hours or
an equivalent entitlement?
If not, are the pay rates high
enough to compensate for the
lack of overtime for part-time
☒
☐
employees?
Does the Agreement contain
minimum engagement periods
☐
☒
of at least 3 hours?
If no, are the pay rates high
enough to compensate?
☐
☒
6.Hours of work
Does the agreement cover dayworkers
☒
☐
Is the span of hours within the below:
Mon-Fri: 7am-7pm, 6am-6pm
or 8am-8pm?
Sat: 7am-12:30pm, 6am-
☒
☐
11:30am or 8am-1:30pm?
If the majority of employees are covered by
another Award – the span from that Award
applies
Does the Agreement contain overtime
triggers which are identical to or more
beneficial than the Award?
In excess of 38 hours per week (or
ordinary hours considered full
time fewer than 38 hours per
week)
Outside of the span
☐
☒
In excess of 10 hours per day
(excluding unpaid meal breaks)
On an RDO
An employee is entitled to be paid overtime
when the total overtime an employee has
worked in one week reaches a minimum of
half an hour
Checklist template updated:
30 August 2021
www.fwc.gov.au
18/23
SECTION 5: BETTER OFF OVERALL TEST (s.186(2)(d), s.193) –
CLERKS AWARD
Entitlements Analysis
Yes
No
Comment
If no, are the Agreement pay
rates high enough to
compensate for the lack of
☒
☐
triggers?
Does the Agreement provide for an
averaging of hours?
☐
☒
Does the agreement cover
shiftworkers?
☐
☒
7.Shift penalties and triggers
Does the Agreement contain the
following shift triggers and penalties
that are equal to or more beneficial
than those found in the Award?
Clause 25
Afternoon shift is a shift finishing after 7pm and
The agreement does not appear to cover
at or before midnight: 115%
☐
☒
shiftworkers
Night shift is a shift finishing after midnight and
at or before 7am: 115%
Permanent night shift is a shift which does not
rotate with another shift or day work,
continuing for four consecutive weeks or more:
130%
8.Weekend penalties
Does the Agreement appear to cover
dayworkers?
☒
☐
Does the Agreement allow for
dayworkers to work ordinary hours on
☐
☒
the weekend?
Does the Agreement appear to cover
shiftworkers?
☐
☒
9.Public Holiday penalties
Does the agreement contain a public
holiday penalty for dayworkers that is
equal to or more than 250% for
☐
☒
permanent employees with a
minimum of 4 hours?
Does the agreement contain a public
holiday penalty for shiftworkers that is
☐
☒
equal to or more than 150%?
If no, do the higher pay rates
compensate for these reductions?
☐
☒
10. Overtime
Does the Agreement appear to cover
dayworkers?
☒
☐
Checklist template updated:
30 August 2021
www.fwc.gov.au
19/23
SECTION 5: BETTER OFF OVERALL TEST (s.186(2)(d), s.193) –
CLERKS AWARD
Entitlements Analysis
Yes
No
Comment
Monday to Friday: Does the
Agreement contain overtime rates for
day workers that are equal to or more
☒
☐
than 150% (first 2 hours) 200%
thereafter?
Saturday: Does the Agreement contain
overtime rates for day workers that
are equal to or more than 150% (first 2
hours) 200% thereafter– min 3 hours
☒
☐
pay when over 38 hours worked over
the week?
Sunday: Does the Agreement contain
overtime rates for day workers that
are equal to or more than 200% - min
☒
☐
4 hours
Public Holidays: Does the Agreement
contain overtime rates for day
workers that are equal to or more
☐
☒
than 250%?
If the overtime rates are not equal to
or higher than the above for
dayworkers, are the Agreement pay
☐
☒
rates high enough to compensate?
Does the Agreement appear to cover
shiftworkers?
☐
☒
Does the Agreement provide for TOIL?
☒
☐
Are the TOIL provisions generally
consistent with the Award?
Agree in writing
☐
☒
1:1
Taken within 6 months
Paid on termination at OT rates
If no, are the rates of pay high
enough to compensate?
☒
☐
11. Annual leave loading and allowances
Does the Agreement provide for
annual leave loading of at least 17.5%
or shift loading/weekend loading for
☒
☐
shiftworkers (if the shift loadings are
greater than 17.5%)?
Does the Agreement omit allowances
found in the Award, or provide
allowances that are less beneficial
than those found in the Award? (Also
☒
☐
consider if the Agreement provides
more restrictive triggers to such
allowances than the Awards)
Checklist template updated:
30 August 2021
www.fwc.gov.au
20/23
SECTION 5: BETTER OFF OVERALL TEST (s.186(2)(d), s.193) –
CLERKS AWARD
Entitlements Analysis
Yes
No
Comment
12. Award specific considerations and other issues
Are there deficiencies in the below
other entitlements that would cause
employees to not be better off overall:
RDO
☐
☒
Paid rest break
Working during meal break (200%)
Casual conversion
Higher duties
Does the Agreement contain any other
issues?
☐
☒
Does the agreement offer less
beneficial entitlements when
compared to the relevant Award that
☒
☐
when added together may result in
the agreement not passing the BOOT?
Checklist template updated:
30 August 2021
www.fwc.gov.au
21/23
SECTION 5: BETTER OFF OVERALL TEST REPORT (s.186(2)(d), s.193)
Educational Services (Post-Secondary Education) Award; Clerks Private Sector Award;
Relevant award(s)
The agreement covers union employees in the Victorian Branch of the ANMF.
The agreement offers the following rates of pay:
Industrial/ Professional (Clerks):
88.51%-187.72% above the Award;
Administrative/Secretarial (Clerks):
38.83%-167.88% above the Award;
Post-Secondary Award Employees:
32.12%-63.48% above the Award;
Reductions in entitlements
Flexi days: Clause 11.2 of the agreement provides 12 additional days off in lieu of paid
overtime for specific classifications. As these employees receive at least
98.42% above the Award,
this does not appear to be an issue.
Enhancements in entitlements
Higher Saturday overtime penalty
Higher casual minimum engagement
TOIL at overtime rates
5 weeks annual leave for all employees
Clinical Practice Leave
Pre-Adoption Leave
Pre-Natal Appointment leave
Paid parental leave
Community Contribution Leave
BOOT
Blood donor leave
considerations/
Special disaster leave
comments
Menstrual, Menopause, IVF Treatment and Gender Transition Leave
Additional paid family violence leave
Study leave
Examination leave
Professional development leave
Additional severance pay
Additional allowances
Conclusion
The agreement covers union employees in the Victorian Branch of the ANMF and provides
rates that are
38.83%-187.72% above the Clerks Award and
32.12%-63.48% above the Post-
Secondary Award. The Awards are excluded.
The response to Question 9 of the Form F17 does not appear to contain classification
matching for a number of employees in Appendix 2-3 of the agreement. These
classifications have been assumed to be Clerks Award employees and have been highlighted
in yellow in the pay rate comparison at page 7 of the checklist. These employees have been
matched to the highest level in the Clerks Award (Level 5). It is unclear if this is correct.
However, it is noted that when matched against the highest Level in the Award, these
employees receive at least
88.51% above the Award.
The only issue in the agreement is the lack of part time minimum engagement, which will
only be an issue for part time employees in classifications that receive rates that are closer
Checklist template updated:
30 August 2021
www.fwc.gov.au
22/23
to the Award rates. It is unclear if it is likely for part time employees to be required to work
shifts that are lesser than the relevant Award minimum engagement.
The rates of pay appear to be high enough to compensate for any other reductions in the
agreement (besides the above).
The agreement does provide many benefits such as higher Saturday overtime penalty,
higher casual minimum engagement, TOIL at overtime rates, 5 weeks annual leave for all
employees, clinical practice leave, pre-adoption leave, pre-natal appointment leave, paid
parental leave, community contribution leave, blood donor leave, special disaster leave,
menstrual, menopause, IVF treatment and gender transition leave, additional paid family
violence leave, study leave, examination leave, professional development leave, additional
severance pay, and additional allowances.
CONCERNS NOT NOTED ABOVE
Part-time
Minimum Engagement (Both) – The agreement appears to be silent on the 2-3 hour part
time minimum engagement provided by both Awards.
Casuals
No issues
Juniors
Silent
Trainees
Silent
Pieceworkers
Silent
Checklist template updated:
30 August 2021
www.fwc.gov.au
23/23