WORKPLACE RELATIONS ACT 1996 - SECT 513 Allowable award matters

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 513

             (1)  Subject to this Part, an award may include terms about the following matters ( allowable award matters ) only:

                     (a)  ordinary time hours of work and the time within which they are performed, rest breaks, notice periods and variations to working hours;

                     (b)  incentive‑based payments and bonuses;

                     (c)  annual leave loadings;

                     (d)  ceremonial leave;

                     (e)  leave for the purpose of seeking other employment after the giving of a notice of termination by an employer to an employee;

                      (f)  observance of days declared by or under a law of a State or Territory to be observed generally within that State or Territory, or a region of that State or Territory, as public holidays by employees who work in that State, Territory or region, and entitlements of employees to payment in respect of those days;

                     (g)  days to be substituted for, or a procedure for substituting, days referred to in paragraph (f);

                     (h)  monetary allowances for:

                              (i)  expenses incurred in the course of employment; or

                             (ii)  responsibilities or skills that are not taken into account in rates of pay for employees; or

                            (iii)  disabilities associated with the performance of particular tasks or work in particular conditions or locations;

                      (i)  loadings for working overtime or for shift work;

                      (j)  penalty rates;

                     (k)  redundancy pay, within the meaning of subsection (4);

                      (l)  stand‑down provisions;

                    (m)  dispute settling procedures, but only as provided by section 514;

                     (n)  type of employment, such as full‑time employment, casual employment, regular part‑time employment and shift work;

                     (o)  conditions for outworkers, but only to the extent necessary to ensure that their overall conditions of employment are fair and reasonable in comparison with the conditions of employment specified in a relevant award or awards for employees who perform the same kind of work at an employer's business or commercial premises.

Note 1:       The matters referred to in subsection 513(1) have a meaning that is affected by section 515.

Note 2:       Entitlements relating to certain matters that were allowable award matters immediately before the reform commencement are preserved under Division 3.

             (2)  A matter referred to in subsection (1) is an allowable award matter only to the extent that the matter pertains to the relationship between employers bound by the award and employees of those employers.

             (3)  An award may include terms about the matters referred to in subsection (1) only to the extent that the terms provide minimum safety net entitlements.

             (4)  For the purposes of paragraph (1)(k), redundancy pay means redundancy pay in relation to a termination of employment that is:

                     (a)  by an employer of 15 or more employees; and

                     (b)  either:

                              (i)  at the initiative of the employer and on the grounds of operational requirements; or

                             (ii)  because the employer is insolvent.

             (5)  For the purposes of paragraph (4)(a):

                     (a)  whether an employer employs 15 or more employees, or fewer than 15 employees, is to be worked out as at the time (the relevant time ):

                              (i)  when notice of the redundancy is given; or

                             (ii)  when the redundancy occurs;

                            whichever happens first; and

                     (b)  a reference to employees includes a reference to:

                              (i)  the employee who becomes redundant and any other employee who becomes redundant at the relevant time; and

                             (ii)  any casual employee who, at the relevant time, has been engaged by the employer on a regular and systematic basis for at least 12 months (but not including any other casual employee).

             (6)  For the purposes of paragraph (1)(o):

"conditions" does not include pay.

"outworker" means an employee who, for the purposes of the business of the employer, performs work at private residential premises or at other premises that are not business or commercial premises of the employer.