Market and Social Research Award

Coverage is broad, but it still turns on the actual research or research support work being performed. Start with the work, not the business label.

• Check whether the business is actually engaged in market or social research or support work connected with that research.
• The industry definition covers both public purpose and private purpose research and includes qualitative and quantitative work.
• On-hire and group training arrangements are covered when they perform work in the industry, subject to the award exclusions.

Classification is active compliance work under this award. Research roles often grow quickly, and the written classification needs to keep pace with the real job.

• Every employee must be classified under Schedule A and advised in writing of the classification and any change to it.
• Classification must be based on the skill level required for the principal functions of the job.
• The trainee classification involves less complex tasks, extensive assistance and supervision, and at least 8 hours of training at the employer's expense. Team leaders supervise and guide others but are responsible for no more than 8 employees. An employee in charge of a telephone room must be classified at not less than Field supervisor.

The award allows flexible rostering, but not informal rostering. A business should be able to show the work cycle chosen, the roster set in advance and how casual limits were respected.

• Full-time ordinary hours average 38 per week.
• Ordinary hours for full-time and part-time employees can be worked Monday to Sunday over a 7, 14, 21 or 28 day work cycle within the daily spread, unless the spread is varied by written agreement.
• The roster for full-time and part-time employees must be determined in advance of the work cycle after consultation, there cannot be more than 12 ordinary hours in a day, and rostered ordinary hours carry a 3 hour minimum on any day unless there is an individual agreement otherwise.
• Casual employees may work on any day of the week, but cannot be required against their wishes to work between midnight and 8.00 am or for more than 8 hours in a day.

Travel time and make-up time both affect ordinary hours records. They should be documented deliberately, not reconstructed after the event.

• Travel time from home to an away location and return counts as working time, less one hour.
• Leave calculations for full-time employees treat a day as 7.6 hours and a week as 38 hours, with pro rata treatment for part-time employees.
• Make-up time is only available when the employee elects to use it with the employer's consent, and the agreement must be recorded at the time it is made.

Flexible payment models exist, but they are structured award mechanisms rather than shortcuts around the award. Project fee arrangements need careful set-up and records.

• A total wage arrangement for a full-time or part-time employee must still meet the award formula of at least the applicable award outcome plus 25 percent.
• A commission arrangement, such as a fee per placement, must be agreed in advance for the project and be reasonably expected to leave the employee at or above the award result.
• Overtime is all time worked in excess of rostered ordinary hours and is paid at the overtime rate, while separate penalty rates apply for ordinary hours on Saturdays, Sundays, public holidays and outside the daily spread for full-time and part-time employees.

Fieldwork costs and communication practices both create compliance risk in this industry. Reimbursement rules and after-hours contact expectations should be set clearly.

• If employees use their own motor vehicle for work, the motor vehicle allowance clause applies and, for work started away from the usual location, the distance rule includes home-to-location travel subject to the deduction set by the award.
• The award also regulates reimbursement for damage to or theft of personal effects, properly incurred expenses, employer-directed relocation and employer-required private telephone costs.
• After-hours contact should be reviewed alongside these arrangements because the award now operates with the right to disconnect provisions in section 333M of the Fair Work Act.

PR799280, PR799311, PR799468

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

Affected: 14 - Minimum rates, 16 - Allowances, 19 - Penalty rates, Schedule A - Classification Definitions, Schedule B - Summary of Hourly Rates of Pay, Schedule C - Summary of Monetary Allowances, Schedule E - Supported Wage System