disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991,as amended from time to time,or any successor to that scheme. Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies. The close-down period under clause 21.4(a) may be for up to a maximum of 4 weeks,plus public holidays. (ii) irrespective of whether the employee is notified of the requirement before or after leaving the workplace. D.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 SWS 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. The new minimum wage for the Contract cleaning sector comes into effect on 1 February 2019. 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. If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee,then the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements. 15.2 Junior rates (employees of shopping trolley collection contractors). (b) However,a direction by the employer under clause 21.6(a): (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 21.5,21.6 or 21.7 or otherwise agreed by the employer and employee) are taken into account;and, (ii) must not require the employee to take any period of paid annual leave of less than one week;and, (iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and. 27.1 If an employer makes a definite decision to make major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must: (a) give notice of the changes to all employees who may be affected by them and their representatives (if any);and. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave. (c) A statutory declaration is sufficient for the purpose of clause 33.3(b). D.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 4 weeks) may be needed. (b) The employer must pay the employee,for the time spent travelling between workplaces,at the rate applicable at the time as if they were working. 26.2 Substitution of public holidays by agreement. The hearings were held in Rustenburg, Polokwane, Pretoria, East London, Cape Town, Witbank, Bloemfontein, Kimberley and Durban. (iv) for a minimum of 4 consecutive hours at a location with a total cleaning area of 5000 or more square metres. Part 1—Application and Operation of this Award, 3. NOTE:The employer and employee may agree that the employee may take more than 2 weeks’unpaid pandemic leave. More information is available at (b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual. Area B: The rates applicable are those as prescribed by the Kwa-Zulu Natal Contract Cleaning Bargaining Council. Commercial cleaners charge $80 to $100 on the low end and $450 to $880 on the high end. Divisions 3 to 12 of Part 2-2 of the Act constitute the National Employment Standards. 33.1 Transfer to lower paid duties on redundancy. 30.6 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. For higher windows when a lift may be required or workers have to abseil from ropes, the rate may be higher. The resulting joint proposal from the ICCA and trade unions was submitted to the JLC Chair on 2 nd March 2020. See sections 119 to 123 of the Act. 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. (e) perform those tasks customarily performed by cleaners. H.3 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES. (d) An employee is not entitled to request by a notice under clause 21.7(a) more than 4 weeks’paid annual leave (or 5 weeks’paid annual leave for a shiftworker as defined by clause 21.2) in any period of 12 months. NOTE 2:If the employer refuses the request,then the written response must include details of the reasons for the refusal (section 65(6)). Table 1—Facilitative provisions means the Table in clause 7.2. (k) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in clause 11.4,the employer and employee must discuss and record in writing: (i) the form of employment to which the employee will convert—that is,full-time or part-time employment;and. Name of parent/guardian:________________________________________, Signature of parent/guardian:________________________________________. 27.3 Clause 27.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests. (a) An employer must pay an employee who performs for 4 or more hours on any particular day duties of a classification higher than the employee’s ordinary classification the minimum hourly rate specified in column 3 of Table 2—Minimum rates for that higher classification for the whole of that day. 20.1 Clause 20 sets out penalty rates for hours worked at specified times or on specified days that are not required to be paid at the overtime rate mentioned in clause 19.3—Overtime rates. D.8 Other terms and conditions of employment. (c) any reasonable business grounds for refusing the request. NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in section 65(1A). (a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave. 5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee. (a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment. For more information, refer to Contract Cleaning (reference 28 of the SRP guide). (a) Clause 33.1 applies if,because of redundancy,an employee is transferred to new duties to which a lower ordinary rate of pay applies. 30.9 Clause 30.8 is subject to any applicable work health and safety legislation. Wages per month are calculated as 4.33 times if a weekly wage is defined. (c) An agreement must state each of the following: (i) the number of overtime hours to which it applies and when those hours were worked; (ii) that the employer and employee agree that the employee may take time off instead of being paid for the overtime; (iii) that,if the employee requests at any time,the employer must pay the employee,for overtime covered by the agreement but not taken as time off,at the overtime rate applicable to the overtime when worked; (iv) that any payment mentioned in clause 19.5(c)(iii) must be made in the next pay period following the request. (c) The employer must pay the employee at the rate of pay and for the minimum number of hours as shown in the following table: Table 6—Rates and hours of pay when employee called back for administrative duties or for a disciplinary or counselling interview, Day on which the employee’s attendance is required, Appropriate rate for ordinary hours or applicable penalty rate, (i) a period of duty is continuous (subject to a reasonable meal break) with finishing or beginning ordinary working time or overtime;or. This minimum wage is higher than the national minimum wage. On average, commercial cleaning costs $200, and prices generally range from $135 to $300. (k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 19.5 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked. 10.6 An employer must roster a part-time employee in accordance with the provisions of clause 13.6—Rostering,and for a minimum number of hours in accordance with clause 13.5—Ordinary hours of work and roster cycles—part-time and casual employees. (o) Nothing in clause 11.4 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. If the close-down period includes any public holiday,then: (i) that public holiday does not count as a day of annual leave,or of leave without pay;and. An employee at any level may be required within the limits of their skills and training to perform duties incidental or peripheral to their major task or tasks. (b) The written response under section 65(4) must include details of the reasons for the refusal,including the business ground or grounds for the refusal and how the ground or grounds apply. The process of review must be in accordance with the procedures for assessing capacity under the SWS. Annual Wage Review – 1 November 2020 changes. 26.1 Public holiday entitlements are provided for in the NES. 28.1 Clause 28 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. NOTE: Redundancy pay is provided for in the NES. Where an assessment has been made,the applicable percentage will apply to the relevant minimum wage only. NOTE: The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee. (c) The employer must pay the amount authorised under clauses 18.3(a) or 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made. 14.3 Interruptions and overtime meal breaks—all employees. (g) Reasonable grounds for refusal include that: (i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award—that is,the casual employee is not truly a regular casual employee as defined in clause 11.4(b); (ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months; (iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months;or. (a) For the purpose of calculating the amount that the employer is required by section 90 of the Act to pay an employee for a period of paid annual leave,the employee’s base rate of pay for the employee’s ordinary hours of work in the period must be taken to include any of the following that are payable to the employee: (iii) a part-time allowance for part-time employees working shiftwork (Monday to Friday) or rostered ordinary hours on a Saturday or a Sunday. (iv) be inconsistent with any leave arrangement agreed by the employer and employee. (b) The employer must pay an employee for the employee’s ordinary hours of work in a period of paid annual leave an additional payment that is the greater of the following amounts: (i) 17.5% of the employee’s minimum hourly rate. (c) An employee who has given their employer notice of taking leave under clause X.2.1(a) must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason given in clause X.2.1(a). NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 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. It is calculated as 4.33 times the standard hours per week if an hourly wage is given. NOTE: The NES sets out requirements for notice of termination by an employer. D.6 Lodgement of SWS wage assessment agreement. (d) a superannuation fund or scheme which the employee is a defined benefit member of. (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. (f) If the employee requests at any time,to be paid for overtime covered by an agreement under clause 19.5 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. Details about these minimum wages can be found in the Government Gazette (GG) – click here. [19.2(b) substituted by PR723881 ppc 20Nov20]. (j) 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. (c) any other matters likely to affect employees. 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