Oil Refining and Manufacturing Award

Coverage is the main risk area under this award because the line between covered downstream refining work and excluded work is detailed and important.

• Start by separating downstream refinery and specifically included terminal work from upstream and general distribution work.
• Apply the express exclusions for upstream operations, vessel based roles, non refinery maintenance contractors and non covered support functions.
• Do not assume terminal work is covered unless it fits the refinery connected definition.
• If more than one award could apply, use the classification that best fits the work and environment.

The 35 hour week is a core feature of this award and should be reflected in payroll, roster design and overtime controls.

• Full time ordinary hours are an average of 35 hours per week.
• Part time employees must be informed of their ordinary hours and starting and finishing times.
• Casual employees have their own ordinary hours rule and minimum engagement.
• Overtime analysis should start from the award's 35 hour week, not a generic 38 hour assumption.

Classification under this award is multi stream. Employers should identify the right stream before trying to place the employee at a level.

• Schedule A separates refinery operations, plants and terminals, maintenance and clerical classifications.
• Progression rules differ by level and appointment is needed for higher level progression.
• The non clerical operational streams are task specific and should not be collapsed into one generic operator category.
• Clerical employees have a distinct classification structure and should be treated as such.

This award treats ordinary hours, shift systems, roster notice and breaks as connected but separate controls. All of them need to be checked together.

• Employees other than shiftworkers and shiftworkers have different ordinary hours rules.
• Shift systems can run across all days of the week and up to 24 hours a day subject to the award and health and safety considerations.
• Roster changes and shift changes have notice rules, with narrower exceptions for operational circumstances and emergencies.
• Meal breaks and the minimum break between successive days or shifts are dealt with separately from the ordinary hours clauses.

Payroll settings should distinguish clerical from non clerical employees and should not use annualised arrangements or industry allowance coding without checking the specific clause that applies.

• Annualised wage arrangements are separate for non clerical and clerical employees and must be in writing.
• The agreement must specify the annualised wage, the award provisions satisfied, the calculation method and the outer limits for hours.
• The award includes an industry allowance for employees other than clerical employees, plus first aid and leading hand allowances.
• Overtime provisions differ for full time, part time, casual and continuous shiftworkers.

This award contains several interacting systems, including NES rights, right to disconnect, recall and accident pay, so one clause rarely gives the full answer on its own.

• Casual conversion is dealt with in the NES and the award points employers back to that pathway.
• The right to disconnect clause now sits alongside roster change and recall provisions and should be read with them.
• The award also has accident pay and superannuation clauses that may matter in practice.
• Leave and overtime questions should be checked with both the award and the NES in view.

PR799280, PR799352, PR799508

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

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