Pest Control Industry Award

Coverage requires both a pest control industry connection and a suitable classification. Competing coverage is resolved by examining the work and its normal environment.

• Confirm that the employer's substantive business falls within the pest control industry definition in clause 4.2.
• Confirm that the employee's actual work fits a classification in clause 12.
• Check the express exclusions for employers covered by the clerical, local government and manufacturing awards.
• If more than one award covers the employer, compare both the work performed and the environment in which the employee normally performs it.
• Do not infer coverage solely from a job title, pest-control licence or the site at which the employee happens to be working.

The early classification levels depend on objective service, application, training, certification and licensing facts. They are not discretionary internal grades.

• Use Level 1 only while every Level 1 condition remains satisfied: no previous industry experience, no licence application and less than 6 months of industry employment.
• At 6 months of industry employment, the employee satisfies the service pathway to Level 2 even if they have not applied for a licence.
• Treat the Level 2 service pathway and licence-and-training pathway as alternatives, not cumulative requirements.
• If a Level 1 employee applies for a licence before 6 months, reassess immediately. The employee no longer meets Level 1, but must satisfy the complete alternative pathway before Level 2 can be assigned on that basis.
• Use Level 3 only when the employee has both a pest operator's certificate and a licence as either a Fumigator or Pest Control Technician.

Employment type controls engagement records, minimum starts, casual treatment and overtime. Written records should reflect the employee's actual arrangement.

• Tell each employee in writing at engagement whether the employment is full-time, part-time or casual, and record that status in the employee's time and wages record.
• A full-time employee is engaged for 38 ordinary hours each week. Unless the award provides otherwise, an employee not specifically engaged as part-time or casual is treated as full-time.
• For a part-time employee, record the regular daily hours, working days and actual start and finish times in writing.
• Record each agreed variation to a part-time pattern in writing. Treat work beyond the agreed or validly varied hours as overtime.
• A part-time start must involve at least 3 consecutive hours. A casual employee must receive the 25% casual loading and a minimum payment of 3 hours for each start.

The award distinguishes day work from shiftwork and combines weekly averaging with notified work times, roster-change controls and the right to disconnect.

• Ordinary hours average 38 each week over a work cycle of no more than 4 weeks.
• For day workers, ordinary hours may be worked in up to 5 shifts of 7.6 hours on any day from Monday to Sunday, between 6.00 am and 6.00 pm, subject to the averaging arrangements.
• For shiftworkers, ordinary hours are ordinarily worked in up to 5 shifts of 7.6 hours from Monday to Sunday and continuously except for the award's meal, crib and rest breaks.
• Notify employees of their start and finish times. Work outside the notified times is overtime. Once those times are set, give one week's notice before altering them and comply with the roster consultation clause.
• Do not directly or indirectly prevent an employee from exercising the statutory right to disconnect. The employer may still contact an employee outside working hours to notify them of a recall under clause 20.8, but that permission does not remove the employee's statutory right.

Meal breaks, crib breaks, rest breaks and washing time are separate entitlements. Paid washing and rest periods must not be recorded as unpaid breaks.

• Allow an unpaid meal break of at least 30 minutes on each day or shift, beginning no later than 5 hours after the employee's ordinary work starts.
• If an employee works more than 2 hours beyond their normal finishing time, provide a paid 20-minute crib break. If work continues, provide a further paid 20-minute crib break after each additional 4 hours worked.
• For work exceeding 6 hours, provide a paid 10-minute rest break before the meal break and another paid 10-minute rest break afterwards. Count both as time worked.
• Allow 10 minutes of paid washing and changing time before every meal break and a further 10 minutes before finishing work.
• If an employee is required to work through a meal break, pay overtime until the meal break is taken.

Ordinary overtime, a separate overtime engagement, a recall and insufficient rest are related but distinct rules. Apply each trigger separately.

• For a full-time or part-time employee, pay 150% of the minimum hourly rate for the first 2 overtime hours and 200% after that. For a casual employee, pay 175% for the first 2 overtime hours and 225% after that.
• Treat each day's overtime separately. Work outside the hours notified under clause 14.2 is overtime.
• Overtime that is not continuous with ordinary hours attracts a minimum payment of 4 hours at the applicable overtime rate.
• A recall to work overtime after the employee has left the employer's business premises attracts a minimum payment of 4 hours for each recall, whether the recall was notified before or after the employee left.
• Where reasonably practicable, arrange overtime to give at least 10 consecutive hours off between successive working days. The release without loss of ordinary pay in clause 20.7(b) applies to an employee other than a casual. The special 8-hour substitution for shiftworkers is confined to the circumstances specified in clause 20.7(d).

Weekend, public holiday and shiftwork rules use different triggers and minimum payments. The roster and timesheet should show which rule applies.

• Ordinary Saturday work is paid at 150% of the minimum hourly rate with a minimum payment of 3 hours.
• Ordinary Sunday work is paid at 200% with a minimum payment of 4 hours.
• Public holiday work is paid at 250% with a minimum payment of 4 hours.
• Identify whether work is day work, afternoon shift, night shift or permanent night shift before selecting the applicable treatment.
• Do not add a shiftwork penalty where the employee is entitled to another penalty for overtime, weekend work or public holiday work.

The allowance rules respond to specific duties, expenses and working conditions. Generic payroll defaults may miss their triggers.

• Pay wages, overtime, penalties and allowances weekly or fortnightly.
• Review leading hand treatment when an employee is directed to control, supervise and take responsibility for at least 2 other employees. Pay the rate for the highest class of work supervised or the employee's own classification rate plus the applicable leading hand allowance, whichever is higher.
• Check the specific allowance triggers for treating a verminous or decomposed human body, work in or connected with specified fumigation depots and appointment to first aid duties.
• Provide a qualifying overtime meal or meal allowance where the required prior notice was not given. Apply the separate rule where the employee supplied a meal after receiving notice but the overtime was cancelled or shortened.
• Check motor vehicle and country-work entitlements when an employee uses their own vehicle by agreement or must live away from their usual residence for work.

The award and NES operate together. Formal flexibility arrangements and other workplace instruments require separate attention.

• Keep the award and the NES available to covered employees on a conveniently located notice board or through accessible electronic means.
• Apply the NES process to requests for flexible working arrangements and changes to casual employment status where relevant.
• Use an individual flexibility arrangement only for the matters listed in clause 5 and only when every consent, content, signature, recordkeeping and better-off-overall requirement is satisfied.
• Give the employee a copy of any individual flexibility arrangement and retain it as a time and wages record.
• Assess any enterprise agreement or other workplace instrument separately from the exclusions for a modern enterprise award or enterprise instrument.

PR799280, PR799377, PR799532

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