Coal Export Terminals Award

Coverage turns on the nature of the facility. A broader port operation may fall outside this award even if coal handling is part of the site.

• Confirm that the facility really receives and stockpiles coal and loads coal onto vessels for export.
• If the site also performs wider port work, test whether that other cargo or activity is only minor or incidental.
• Do not overlook the separate exclusion for employers covered by the Port Authorities Award 2020.
• If more than one award might be arguable at a mixed site, test which classification is most appropriate to the work and normal work environment.

Labour hire and training arrangements do not avoid the award. The real question is which classification stream matches the work being done at the terminal.

• On-hire employees can still be covered while working in covered classifications at a terminal.
• Group training arrangements for apprentices and trainees can also be covered.
• Use the award's services, operations or maintenance trades stream rather than a single generic terminal title.

This award uses a 35 hour full-time benchmark, so generic 38 hour templates are a common source of error from the start of employment.

• A full-time employee works an average of 35 ordinary hours per week.
• Part-time work means less than an average of 35 ordinary hours per week on a pro rata basis.
• The regular part-time pattern and any later variation must be recorded in writing.

Casual arrangements need their own payroll settings. A single loaded hourly figure can miss the award's separate overtime and minimum engagement rules.

• A casual employee's ordinary hours are the lesser of an average of 35 hours per week or the hours required by the employer.
• Casual employees are paid the minimum hourly rate, the casual loading and any applicable allowances for ordinary hours.
• Casual overtime is dealt with through the award's overtime clause rather than by folding everything into one flat rate.
• Each casual engagement attracts a 4 hour minimum payment.

The award separates day work from shiftwork in a practical way. Roster design should start with that distinction, not with a generic site timetable.

• Ordinary hours average 35 per week.
• For NES purposes, day workers can be averaged over up to 4 weeks and shiftworkers over a roster cycle of up to 26 weeks.
• Employees other than shiftworkers can be required to work up to 10 ordinary hours per day between 6.00 am and 6.00 pm Monday to Saturday, with a majority agreement path for up to 12 ordinary hours.
• Shiftworkers have separate afternoon, night and permanent night definitions and corresponding shiftwork rates.

Operational changes at a terminal often create allowance issues before they create base rate issues. Equipment, overtime and licence requirements should be checked at the same time as rostering.

• The employer can determine roster type and shift length up to the award limits, but longer shifts need the correct agreement pathway.
• First aid, tool, licence reimbursement and meal allowance triggers should be reviewed when duties, overtime patterns or equipment requirements change.
• Allowances should remain visible and separately identified in payroll records and payslips.

The award gives flexibility, but not informality. Managers should use the award's own agreement paths rather than rely on habit or convenience.

• The NES still applies alongside the award.
• If the business relies on an individual flexibility arrangement, it must be genuine, written and leave the employee better off overall.
• Where the award requires majority agreement for 12 hour shifts, longer shifts or tool provision arrangements, use that mechanism rather than site custom.

PR799280, PR799325, PR799482

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 15 - Minimum rates, 17 - Allowances, Schedule B - Summary of Hourly Rates of Pay, Schedule C - Summary of Monetary Allowances, Schedule E - Supported Wage System