Mining Industry Award

Coverage under this award turns on mining activity, work location and the most appropriate classification, not just the fact that the business is connected with mining.

• Check the work being performed, not just the employer's label.
• Use the coverage definition for extraction, processing, haulage, site based maintenance and temporary labour.
• Apply the express exclusions early, especially office work, professional roles and non mining support services.
• If more than one award could apply, match the employee to the classification that best fits the work and environment.

Classification is central because the award ties pay and progression directly to the group and level structure in Schedule A.

• Classify the employee into the correct group before setting pay.
• Use the schedule structure for services, surface mining and haulage, processing, underground mining and maintenance trades.
• Do not assume progression is automatic because time has passed.
• Higher level progression depends on skill and, from Level 4 upward, appointment by the employer.

Employment type and ordinary hours must be set deliberately and documented from the start, especially where part time or casual arrangements are used.

• Full time ordinary hours are an average of 38 hours per week.
• Part time employees must be informed of their ordinary hours and start and finish times.
• Casual employees have a minimum engagement and a separate casual loading rule.
• Ordinary weekly hours may be averaged over up to 26 weeks under the industry specific hours clause.

Mining rosters need to be built to the award's own hours and cycle rules, not just around site practice or operational preference.

• Non shiftworkers and shiftworkers have different ordinary hours rules.
• The award allows long shifts in some circumstances, including majority agreement arrangements and preserved 12 hour rosters.
• Cycle work has its own formula for total ordinary hours.
• Roster changes generally require notice, subject to the specific exceptions in the award.

Breaks, overtime and penalty rules need a separate review because they do not flow automatically from the ordinary hours clause.

• Meal break entitlements differ for shiftworkers and non shiftworkers.
• The award also deals with the minimum break between work on successive days or shifts.
• Overtime, shiftwork and weekend or public holiday work are handled in separate clauses.
• Penalty and overtime questions should be checked against the employee's work pattern and classification, not assumed from common practice.

The award is only part of the compliance picture. NES rules, training arrangements and annualised wage rules must also be checked.

• The award supplements the NES rather than replacing it.
• Casual conversion sits in the NES and the award points employers back to that pathway.
• Apprentice and trainee issues need to be checked against the specific training clauses.
• Annualised wage arrangements have their own written agreement and reconciliation requirements.

PR799280, PR799292, PR799449

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 and classifications, 18 - Allowances, Schedule B - Summary of Hourly Rates of Pay, Schedule C - Summary of Monetary Allowances, Schedule E - Supported Wage System