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Mining Industry Award (MA000011)

Gabriella Adelyne Alicaya
Updated
EH Content Team

Overview

This article provides guidelines about using the pre-built  Award package. For further information about this industry award, refer to Mining Industry Award 2020 - MA000011 [MA000011] - Fair Work Ombudsman.

Install and configure the pre-built award package

For details on how to install and configure this Pre-built Award Template, please review the detailed help article here. While every effort is made to provide a high-quality service, Employment Hero does not accept responsibility for, guarantee or warrant the accuracy, completeness or up-to-date nature of the service. Before relying on the information, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.

The award default Rule Set Period is set to Weekly that ends every Sunday. If you follow a different work pattern or roster period, you can review and set the rule set period date that applies to your organisation. 

Special notes

Timesheets

For the rules to apply correctly, the timesheet must include the start and end times.

Paid Breaks

Paid rest breaks do not require clocking in or out. Should the client require break times to be recorded, they can refer to this link.

Leaves

When converting leave to a timesheet, use the employee's standard hours of work. Adjust the start or end time as necessary to trigger any applicable penalty rates.

Annualise Wage

Employees who are covered by the Annualised Wage Clause should use the "Annualised Wage" employment agreements. These employees will be paid automatically, and timesheets are to be submitted exclusively for tracking purposes.

For further details on how to set up employees with annualised wage arrangements, please consult this article.

Salaried

Salaried employees not covered by the Annualised Wage Clause can use the “Salaried” employment agreement.

Other clauses

The clauses listed in the table below were not included in the award. If you need any of these clauses, creating or customising the award is necessary.

Other clauses

Clause Name

Clause

Conditions
School-based apprentice rates 15.3

Need to create Pay Rate Templates and Employment Agreements.

For school-based apprentices, see Schedule D—School-based Apprentices.
Supported wage system 15.7

Need to create Pay Rate Templates and Employment Agreements.

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule E—Supported Wage System.
National training wage 15.4(b)

Need to create Pay Rate Templates and Employment Agreements.

(i) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.
Substitution of public holidays by agreement 27.3

Need to customise rules.

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) 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.
Salaried/Individual flexibility arrangements 5

Need to customise rules.

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

(a) arrangements for when work is performed; or

(b) overtime rates; or

(c) penalty rates; or

(d) allowances; or

(e) annual leave loading.
Annualised wage instead of award provisions 17.1

Need to customise rules.

(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified pursuant to clause 17.1(b)(iv), such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.

Conditions of pay

Types of Employment

Clause Name

Clause Number

Key Details
Full-time Employment 9
  • Engaged to work an average of 38 ordinary hours per week.
Part-time Employment 10.1, 10.4
  • Engaged to work an average of less than 38 ordinary hours per week.
  • Receives pro-rata pay and conditions of a full-time employee.
Part-time Overtime 10.3
  • All time worked in excess of agreed ordinary hours is paid at the appropriate overtime rate.
Casual Employment 11.1
  • Ordinary hours are the lesser of an average of 38 hours per week or the hours required by the employer.

Casual Loading

 

 11.2
  • Paid the ordinary hourly rate plus a 25% loading.
Casual Minimum Engagement 11.6
  • A minimum payment of 2 consecutive hours of work for each engagement.

Hours of Work

Clause Name

Clause Number

Key Details
Ordinary Hours of Work 12.1, 12.3
  • An average of 38 hours per week, which can be averaged over a period of up to 26 weeks.

Span of Hours (Non-shiftworkers)

 

 12.4(a)
  • Ordinary hours are worked between 6:00 am and 6:00 pm, Monday to Sunday.
Daily Hours (Non-shiftworkers) 12.4(a), 12.4(b)
  • Ordinary hours are up to 10 hours per day.
  • Can be increased to a maximum of 12 hours per day by agreement with a majority of affected employees.
Daily Hours (Shiftworkers) 12.5(a), 12.5(c)
  • A shift can be up to 10 consecutive ordinary hours.
  • Can be increased to a maximum of 12 hours per day by agreement with a majority of affected employees.
Meal Break (Non-shiftworkers) 14.1(a), 14.1(e)
  • Entitled to an unpaid meal break of at least 30 minutes after every 5 hours of work.
Meal Break (Shiftworkers ≤ 10 hours) 14.1(b)
  • Entitled to a paid meal break of 20 minutes per shift.
Meal Break (Shiftworkers > 10 hours) 14.1(c)
  • Entitled to a total of 40 minutes in paid meal breaks per shift.
Minimum Break Between Shifts (Non-shiftworkers) 14.3(a)
  • A minimum of 10 consecutive hours off between work on successive days.
  • If required to resume work without the break, paid at the relevant overtime rate until released for a 10-hour break.
Minimum Break Between Shifts (Shiftworkers) 14.3(b)
  • A minimum of 8 consecutive hours off between shifts.
  • If required to resume work without the break, paid at the relevant overtime rate until released for an 8-hour break.

Wages and Allowances

Clause Name

Clause Number

Key Details
Annualised Wage Arrangements 17.1, 17.2
  • An employer can pay a full-time employee an annualised wage to cover minimum rates, allowances, overtime, penalties, and annual leave loading.
Industry Allowance 18.2(b)
  • An all-purpose allowance paid per week.
Licence Allowance - Electricians 18.2(c)
  • An all-purpose allowance paid per week to an employee required to hold an Electrical Technicians licence.
Drilling, Prospecting and Exploration Allowance (Camping) 18.2(d)(i)
  • Paid per day when an employee is required to camp at a remote location. A lower rate applies if meals are provided.
Broken Shift Allowance (Cooks) 18.2(d)(iii)
  • An all-purpose allowance paid per week to cooks and cooks' assistants required to work broken shifts.
First Aid Allowance 18.2(e)
  • Paid per week to an employee appointed by the employer to perform first aid duties.
Leading Hand Allowance 18.2(f)
  • A tiered allowance paid per week based on the number of employees supervised (3-10, 11-20, or more than 20).
Rail Allowance 18.2(g)
  • An allowance of 30% of the minimum rate of pay for mainline competent Locomotive Drivers required to operate on the mainline.
Underground Allowance 18.2(h)
  • Paid per hour to employees (other than underground miners) required to work underground.
Meal Allowance (Overtime) 18.3(a)
  • Paid on each occasion an employee is entitled to a rest break during overtime, unless a meal is provided or at least one day's notice of the overtime was given.
Tool Allowance 18.3(b)
  • Paid per week to an employee required to supply and maintain their own tools.

Overtime and Penalty Rates

Clause Name

Clause Number

Key Details
Shiftwork Definitions 2, 21.1
  • Afternoon shift: Finishes after 7:00 pm and at or before midnight.
  • Night shift: Finishes after midnight and at or before 8:00 am.
  • Permanent night shift: Works only night shifts, or remains on night shift for more than 4 consecutive weeks, or works a non-rotating night shift.
  • Shiftworker: An employee engaged to work in a system of afternoon and/or night shifts.
  • Continuous shiftworker: A shiftworker rostered to work regularly on Sundays and public holidays.
Overtime (Non-continuous Shiftworkers) 20.1
  • Monday to 12 noon Saturday: First 3 hours at 150%, then 200%.
  • After 12 noon Saturday & all day Sunday: 200%.
  • Public Holiday: 250%.

Overtime (Continuous

Shiftworkers)

 20.2
  • All overtime hours worked Monday to Sunday are paid at 200%.
Recall to Work 20.3
  • An employee recalled to work overtime after leaving the premises is entitled to a minimum payment of 4 hours at the appropriate overtime rate.
Non-cumulative Penalties 20.4(b), 21.4
  • Overtime payments are paid instead of (not in addition to) any other penalty rates.
Time Off In Lieu of Overtime (TOIL) 20.5
  • Time off is accrued on an hour-for-hour basis (1 hour overtime = 1 hour TOIL).
Rest Break During Overtime 20.6(a)
  • A paid rest break of 20 minutes after each 4 hours of overtime worked, if work is to continue.
Shiftwork Penalty Rates 21.2
  • Afternoon or Night Shift: 115% of the ordinary hourly rate.
  • Permanent Night Shift: 130% of the ordinary hourly rate.
Weekend Penalty Rates (Ordinary Hours) 21.3
  • Saturday before 12 noon: First 3 hours at 150%, then 200%.
  • Saturday after 12 noon & all day Sunday: 200%.
Public Holiday Penalty Rate (Ordinary Hours) 21.3
  • All hours worked: 250%.

Leave and Public Holidays

Clause Name

Clause Number

Key Details
Additional Annual Leave for Shiftworkers 22.2
  • For the purpose of the extra week of annual leave under the NES, a shiftworker is defined as a continuous shiftworker.
Payment for Annual Leave 22.3

Paid at the greater of:

  • The employee's ordinary rate (including all-purpose allowances, loadings, and penalties) for the period of leave; OR
  • The employee's minimum award rate plus a 17.5% loading.
Public Holiday Work 27.2
  • An employee who works on a public holiday will be paid at the penalty rates specified in the Overtime and Penalty Rates clauses.

Work types

Work types are a description of the kind of shift you are working, and you select them when you record a timesheet. The following is a list of work types employees can select on their timesheet, and the meaning of each item.

A - F

Work type

Description
Annual Leave Taken Choose this work type when annual leave is taken.
Compassionate Leave Taken Choose this work type when compassionate leave is taken.
Family and Domestic Violence Leave Taken Choose this work type when unpaid family and domestic violence leave is taken.

G - L

Work type

Description
Leave Without Pay Taken Choose this work type when any unpaid leave is taken.
Less than 10hrs break Choose this work type when an employee is asked to go back to work less than 10 hrs before the prior shift.
Long Service Leave Taken Choose this work type when any unpaid leave is taken.

M - R

Work type

Description
No minimum shift engagement Choose this work type if there is no minimum shift engagement.
Paid Community Service Leave Taken Choose this work type when community service leave is taken.
Paid Family and Domestic Violence Leave Taken Choose this work type when paid family and domestic violence leave taken.
Personal/Carer's Leave Taken Choose this work type when personal and/or carer's leave is taken.
Public Holiday not worked Choose this work type where a Permanent employee is not required to work on a shift falling on a gazetted public holiday that the employee would have otherwise worked had it not been a public holiday.
Recall to work Choose this work type when an employee is recalled after leaving the premises and will be paid overtime.
Remote camp allowance - drilling, prospecting & exploration - meals not provided Choose this work type when an employee is required to camp at a remote location, and meals are not provided.
Remote camp allowance - drilling, prospecting & exploration - meals provided Choose this work type when an employee is required to camp at a remote location, and meals are provided.

S - Z

Work type

Description
TIL of OT Choose this work type if the employee elects to accrue time in lieu rather than be paid overtime for a shift.
Time In Lieu Taken Choose this work type when time in lieu is taken.

Shift conditions

Shift Conditions are further details you can add to a shift where perhaps more than one condition applies to your shift. Shift conditions are selected when you edit a timesheet record, or when clocking on using the ClockMeIn Time and Attendance or EH Work app. The following is a list of Shift Conditions employees can select on their timesheet, and the meaning of each item.

A - F

Shift Conditions

Description
Broken shift allowance - cooks and cooks assistants Choose this work type when cooks and cooks assistant are required to work broken shifts.

M - R

Shift Conditions

Description
Meal Allowance Overtime Choose this work type when an employee worked 4 hrs of overtime.
No minimum shift engagement Select this shift condition if by agreement between employee and employer doesn’t have minimum shift engagement.
Rail Allowance Select this shift condition if an competent Locomotive Drivers are required to operate on the mainline and to be paid 30% of minimum rate of pay.

S - Z

Shift Conditions

Description
TIL of OT Select this shift condition if the employee elects to accrue time in lieu rather than be paid overtime for a shift.
Underground allowance - not underground miners Choose this work type if a non-underground employee is required to work underground.

Tags

Employee Tags are specific conditions typically related to the employee’s agreement. These are often conditions negotiated and agreed between the employer and the employee, or unique characteristics of the employee’s role. Payment of these provisions is usually of a recurring and ongoing nature.

A - F

Tags

Description
12 hour shift arrangement Assign this tag to employees with 12 hours shift engagement.
Continuous Shiftworker Assign this tag if an employee engaged in a continuous process who is rostered to work regularly on Sundays and public holidays.
Electrician’s licence allowance Assign this tag to employees receiving Electrician’s licence allowance.
First Aid Allowance Assign this tag if the employee holds an appropriate first aid qualification and is required to perform first aid duties.

G - L

Tags

Description
Leading hand 3–10 employees Assign this tag if an employee is assigned leading hand in charge of 3-10 employees.
Leading hand 11–20 employees Assign this tag if an employee is assigned leading hand in charge of 11-20 employees.
Leading Hand - 20+ employees Assign this tag if an employee is assigned leading hand in charge of more than 20 employees.

M - R

Tags

Description
Permanent Night Shift Assign this tag to a shiftworker employee who works on a night shift and does not rotate or alternate with another shift or with day work.
Shiftworker Assign this tag to an employee engaged to shift work.

S - Z

Tags

Description
TIL of OT Assign this tag if an employee has agreed to have all overtime hours accrued as time in lieu of overtime.
Tool Allowance Assign this tag to an employee who is required to use their own tools in the performance of their duties.

System limitations

Please note that rules cannot interpret or calculate the clauses below due to platform limitations and will require manual intervention or a workaround.

Clause 20.5 Time off instead of payment for overtime

  • (e) Time off must be taken:
    • (i) within the period of 6 months after the overtime is worked; and 
    • (ii) at a time or times within that period of 6 months agreed by the employee and employer.
  • (f) If the employee requests at any time, to be paid for overtime covered by an agreement under clause 20.5 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.
  • (g) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 20.5(e), 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.

Clause 18.2(b) Industry allowance

  • To prevent underpayment, the system will always top up the industry allowance to meet the minimum engagement level. It automatically applies the minimum industry allowance required for each shift. If a workday includes multiple broken shifts, there may be an excess allowance applied. In these instances, the payroll administrators will need to manually adjust the pay run to remove any over-applied allowance.
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