Classify the business and each role carefully
cl clause 4, clause 16, Schedule AThe first mistake under this award is usually treating every automotive role the same way. The award expects much more precise classification than that.
- Start by checking whether the employer's establishment, plant or undertaking is principally connected or concerned with the vehicle repair, services and retail industry.
- Then place each employee in the correct stream, because this award has separate treatment for general RS&R levels, tradespersons, drivers, fuel retail roles and vehicle sales roles.
- A mixed automotive business can have several different classification groups under the one award.
Use the right engagement rules for the role
cl clause 10, clause 11, clause 28.1, clause 28.2Engagement rules differ depending on the role. A single contract model for the whole business is an easy way to make repeated award errors.
- For covered part-time employees, the employer and employee must agree in writing on hours, days, start and finish times, meal breaks, variations and overtime treatment.
- Clause 10 does not apply to a person principally employed as a vehicle salesperson, so sales staff need to be checked under clause 28 instead.
- Casual employees must be told they are casual and given their classification level and rate of pay, and they must be engaged and paid for at least 2 consecutive hours on each attendance.
Roster under the correct hours and break clause
cl clause 22, clause 24, clause 26, clause 27.1Hours, overtime and break rules are not uniform across this award. The roster has to be built around the employee category, not just the site opening hours.
- For general employees, ordinary hours average 38 per week, are worked on not more than 5 days in a week, and cannot exceed 10 ordinary hours in a day unless the award's 12 hour process is used.
- Meal breaks are 30 to 60 minutes and employees generally must not work more than 5 hours without a meal break unless the majority agreement rule for 6 hours is used.
- Clause 22 and clause 24 do not apply to persons principally employed to perform vehicle sales related duties, and driveway attendants, console operators and roadhouse attendants also have their own hours framework in clause 27.
Match payroll to the correct pay structure
cl clause 16, clause 27.3, clause 28.4, clause 28.5Many payroll errors start with the wrong rate table or the wrong commission process. This award requires a deliberate stream-by-stream payroll setup.
- The award has different pay structures for general RS&R employees, drivers, casual driveway attendants or console operators or roadhouse attendants, and persons principally employed to sell vehicles.
- Vehicle salesperson commission arrangements must be put in writing and a copy must be given within 21 days of commencement.
- For vehicle sales staff, monthly details of delivered vehicles and commission earned must be provided within 21 days after month end, and minimum remuneration must be checked at least every 3 months with any top up paid within 21 days after the last day of the relevant month.
Configure casual settings by role and time worked
cl clause 11.3, clause 11.4, clause 27.3, clause 28.2Casual compliance under this award is more granular than many automotive employers expect. Role and time worked both matter.
- General casual loadings vary by day, time and overtime under clause 11.3.
- Clause 11.3 does not apply to casual driveway attendants, console operators, roadhouse attendants or casual vehicle sales staff.
- Those categories have their own casual provisions, so a blanket casual loading copied from another site or another award is likely to be wrong.
Check exclusions and award overlap before finalising coverage
cl clause 3, clause 4.4, clause 4.7Automotive businesses often sit near the edges of several award categories. Coverage should be checked carefully before treating it as settled.
- The National Employment Standards continue to apply alongside the award.
- A stand-alone car park without repair or servicing facilities beyond petrol and oil is excluded from the award.
- If another award could also apply, use the classification most appropriate to the work performed and the environment in which it is normally performed.