The purpose of this guide is to provide a summary of the main award clauses contained in the Miscellaneous Award and the application of these clauses in Tanda.
Using this guide:
The
highlighted text
beginning with the '📜
' icon shows the relevant clause in the Award.A description of how Tanda assists to meet the requirements of the award is detailed beneath each clause.
This guide details the most common sections of the Award. To view the full Award, refer to the Miscellaneous Award 2020 on the Fair Work Ombudsman website.
This guide was last reviewed on Monday 25 September 2023.
This guide will cover the following aspects of the Miscellaneous Award Managed Template:
Configuring the Award Template
This section of the guide will take you through the options available for configuring employees under the GRIA Managed Template.
Enabling the Award Template
To utilise the Miscellaneous Award Managed Template you will first need to enable the Managed Template in your account.
To do this navigate to Time & Attendance > Compliance > Award Template > Apply Template:
Select the relevant payroll system > scroll down the page to Apply an Award then click Enable on the award template you would like to apply to your account:
Once the Award Template has been enabled you have the option to add staff to the award via the + Add Staff to Award button or via the below outlined process.
For further information on how to configure the settings in your account including automatic breaks and public holidays please see the article Configuring Settings.
Classification of Staff
To pay an employee under a Managed Template you will need to configure their employee profile with both an Employment Type and a Classification/ Level.
An Employment Type is a tag which all the pay conditions (award rules) are associated with an employee, including penalties and overtime. An example of this kind of tag is 'Full Time'.
A Classification/ Level is the tag that will pay the employee their base rate which all penalties and overtime is calculated off. An example of this kind of tag is 'Level 1'.
To add an Employment Type and Classification/ Level, go to Workforce > Staff > (Employee Name) > Pay Conditions:
Under Industry Award select the Award applicable to the employee.
This will then populate the applicable Employment Types and Classification/ Levels for the Managed Award Template:
The Employment Types available in the Miscellaneous Award Managed Template are:
Full Time
Full Time (12 Hours Agreed)
Part Time
Part Time (12 Hours Agreed)
Casual
Casual (12 Hours Agreed)
Salaried
The available Classification/ Levels are:
General
Level 1
Level 2
Level 3
Level 4
Apprentices
Each time an apprentice progresses into the next stage of their career you will need to update their employment tag within their profile in Tanda.
This is because Tanda does not automatically increase wages based on qualification completion. This information is external from Tanda.
Please see the below list of the different apprentice classifications available in the Miscellaneous Award Managed Template:
Apprentice Year 1
Apprentice Year 2
Apprentice Year 3
Apprentice Year 4
Adult Apprentice Year 1 (Started Before 1 Jan)
Adult Apprentice Year 2 (Started Before 1 Jan)
Adult Apprentice Year 3 (Started Before 1 Jan)
Adult Apprentice Year 4 (Started Before 1 Jan)
Adult Apprentice Year 1 (Started After 1 Jan)
Adult Apprentice Year 2 (Started After 1 Jan)
Adult Apprentice Year 3 (Started After 1 Jan)
Adult Apprentice Year 4 (Started After 1 Jan)
Trainees
The Tanda Miscellaneous Award Managed Template includes the full time and part time trainee base rates as outlined under Schedule E.
For an exhaustive list of the trainee base rates available navigate to Time & Attendance > Compliance > click Manage against the Miscellaneous Award > review the list of Employee Classifications:
Please see the below example of an employee engaged as a Full Time employee and paid at the Level 4 rate:
For further information on configuring salaried staff specifically please see the Salaried Staff article.
Junior Employees
📜 15.4 Junior minimum rates
The minimum rates for juniors are:
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When a junior employee has a birthday resulting in a change to their hourly rate, the rate in Tanda will automatically update on the day the employee has their birthday.
Part Time Employee Configuration
Under the Miscellaneous Award part time employees are to have an agreed regular pattern of work in place upon engagement per clause 10.2.
This agreed regular pattern of work can be configured and managed in Tanda. Please see below for further details.
📜 10. Part-time employees
10.2
At the time of engagement the employer and the part-time employee must agree in writing on a regular pattern of work including the hours to be worked and the starting and finishing times on each day.
Regular Hours of Work
Regular Hours of Work
To record a Part Time employee's regular pattern of work in Tanda navigate to Workforce > Staff > (Employee Name) > Payroll > Regular Hours > Click 'Edit regular hours' button:
Enter the applicable hours in the below fields including start and finish times, the team the employee will usually be working the regular hours in and meal breaks:
Working hours and teams:
Meal breaks:
In addition to the above, if you enter the total contracted hours into the Minimum Base Hours field you can then receive flags in the roster warning when an employee has not been rostered for their total contracted hours:
Minimum Base Hours field:
Roster warning:
Once all relevant contracted hours have been entered select Save and then on the following page select Update Employee Details.
If a Part Time employee then works outside the regular hours of work overtime rates will automatically apply in the employee's timesheet per clause 19.1(b):
📜 19.1 Overtime
...
(b)
in excess of the agreed number of hours per week pursuant to clauses 10.2 and 10.3, or the daily hours prescribed in clause 13.5, by a part-time employee...
For example, please see the below employee with a regular pattern of work totalling 22.5 hours per week:
When this employee works beyond their regular hours on Monday, the overtime rate apply automatically:
To prevent accidental variations from occurring, managers are notified on the roster if a shift differs from the regular hours of work:
When View is selected managers will be able to see what the agreed regular hours are:
Variations to the Regular Pattern of Work
Variations to the Regular Pattern of Work
📜 10. Part-time employees
10.3
A part-time employee’s hours once fixed can be varied at any time by agreement. Any agreed variation to the regular pattern of hours will be recorded in writing.
A variation to a part time employee's regular pattern of work under clause 10.3 can be recorded in Tanda.
A record of the agreement, including the time it was agreed to, can be captured in either of the below ways:
On the Tanda mobile app if the variation is known prior to the shift commencing; OR
On the employee time clock app when the variation is not yet agreed to prior to commencing the shift.
To use this feature please see Have employees mutually agree to variations from their contract hours which is an article that details how the shift acceptance feature can be enabled.
Once this feature has been enabled, a record of an agreement to vary the regular hours will be visible against the employee profile and on timesheets.
The shift tags that is available in the Miscellaneous Award Managed Template that can be used to configure acceptance to a change to the agreed regular pattern of work are Accepted Shift Variation and Declined Shift Variation.
To utilise these shift tags, firstly save them to the profiles of the applicable employees by navigating to Workforce > Staff > (Employee Name) > Pay Conditions > under Additional Tags search for Accepted Shift Variation and the Declined Shift Variations and save them to the employee profile:
Then these tags can be used in the configuration of a shift question as detailed here.
Alternatively, the Accepted Shift Variation tag can be applied to the timesheet using the 'Select Tag' drop down field:
Before the application of the shift tag:
After the application of the shift tag:
The above is also how the shift tag will display in the timesheet if the tag is used in the configuration of a regular hours variation shift question.
If you need to update your settings in order to see the 'Select Tag' drop down field please see Setting Up and Using Shift Tags section of this guide.
Record Keeping
Record Keeping
📜 10. Part-time employees
10.3
A part-time employee’s hours once fixed can be varied at any time by agreement. Any agreed variation to the regular pattern of hours will be recorded in writing.
Once the Shift Acceptance Feature has been enabled when an employee agrees to or declines a variation to their regular hours of work, a record of this agreement will be recorded in the Rosters section on the employee profile:
Casual Loading
📜 11.1 Casual loading
(a)
For each ordinary hour worked, a casual employee must be paid:
(i)
the minimum hourly rate in clause 15—Minimum rates for the classification in which they are employed; and
(ii)
a loading of 25% of the minimum hourly rate.
(b) T
he casual loading will not be paid for overtime hours worked.
Casual loading in Tanda is applied using the multiplier method.
In the Tanda Employee Profile, the casual rate is expressed in the Monday to Friday pay rate with the base hourly rate showing the rate without the loading added. This is demonstrated in the below image:
The base hourly rate is always expressed as 1.25x on the timesheet and where applicable, penalty rates are expressed with the additional casual loading amount:
Casual Conversion
Australia's National Employment Standards provide casual employees with a pathway to become a permanent employee. This pathway is known as ‘casual conversion’.
Casual conversion is referenced under the Miscellaneous Award:
📜 11.3 Offers and requests for casual conversion
Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES.
Tanda has a Casual Conversion Dashboard which can be used to identify casual employees that may be suitable for conversion to a permanent employment type.
For further information on casual conversion, see the Fair Work Ombudsman resource 'becoming a permanent employee' or Tanda’s summary here.
Paying Higher Base Rates
If employees are paid a base rate higher than the award rate, enter the employee's base rate in the highlighted field below. This will override the rate from the Managed Template, and penalty rates and overtime will be calculated from this new rate.
For further information please see the Pay Above Template article.
Higher Duties
Under the Miscellaneous Award an employer is required to pay an employee who performs duties of a higher classification at the higher classification rate.
If the employee performs higher duties for more than four hours they are entitled to be paid the higher classification for the entire day and if less than two hours they are entitled to be paid the higher classification for the hours worked.
📜 15.5 Higher duties
An employee engaged for more than 4 hours on any one day or shift in the duties of a higher classification must be paid the minimum hourly rate for that classification for the whole day or shift.
There are two options for configuring and applying higher duties in Tanda:
Automatically based on the team that a shift is worked in. This is achieved using associated tags; OR
Manually by allocating the higher duties tag on the timesheet.
To learn how to set up higher duties for the Hospitality Award please see Automatically Pay Employees a Higher Rate When Working in Another Team.
Managing Breaks
Under the Miscellaneous Award, employees are entitled to an unpaid meal break when they work more than 5 hours per clause 14:
📜 14. Breaks
An employee must not be required to work for more than 5 hours without an unpaid meal break of at least 30 minutes.
Break Template
Break Template
There is a break template available as part of the Miscellaneous Award Manage Template that can be used to roster the above break.
To view the break template navigate to Time & Attendance > Compliance > click Manage against the Miscellaneous Award template > view the breaks under Breaks for the Miscellaneous Award (MA000104):
To edit the break template click Edit in the Breaks for the Miscellaneous Award (MA000104) box and you will be taken to the break settings:
This break template can then be used for automatically rostering and applying breaks in timesheets. For more information on automatic breaks see the Setting up and managing automatic breaks guide.
Timesheets
Once an employee has clocked in and out of the Tanda app, this clocked time will be converted into a timesheet.
The time worked will be interpreted in Tanda based on the employee's Employment Type and Classification/ Level as configured in the Pay Conditions tab.
General Information
An example of an interpreted in a timesheet can be seen below.
The example employee has been configured as a Casual paid at the Level 3 base hourly rate. The employee has only worked ordinary hours during the period:
For a general overview of timesheets in Tanda see Getting Started: Timesheets.
Penalty Rates and Overtime
Automatic penalty rates and overtime will also populate on the timesheet for hours worked based on the configuration of the employee in Tanda.
An example of this is a casual employee working on a weekday vs Saturday.
In the below example, you can see different multipliers automatically applying based on the day of the week:
More examples of the automatic penalties and overtime conditions under in the RIA Managed Template are detailed below.
Automatic Penalty Periods
Automatic Penalty Periods
The penalties outlined under clause 20 of the Award automated in Tanda are outlined below.
📜 20. Penalty rates
All work performed by an employee outside of ordinary hours, which is not overtime will be paid at the following rates:
An example of a penalty rate can be seen below when a Casual employee works after 7.00pm on a Thursday:
Automatic Overtime Conditions
Automatic Overtime Conditions
Overtime under the Miscellaneous Award is outlined under clause 19.1:
📜 19.1 Overtime
All time worked in excess of:
(a)
an average of 38 hours per week, or the daily hours prescribed in clause 13.5, by a full-time employee or casual employee; or
(b)
in excess of the agreed number of hours per week pursuant to clauses 10.2 and 10.3, or the daily hours prescribed in clause 13.5, by a part-time employee;
is overtime and must be paid at the rate of 150% of the relevant minimum rate for the first 3 hours and 200% of the relevant minimum rate after 3 hours
The above overtime rates will automatically apply in Tanda when applicable.
For the overtime conditions applicable to each employment type please see below.
Full Time
Full Time
📜 19.1 Overtime
All time worked in excess of:
(a)
an average of 38 hours per week, or the daily hours prescribed in clause 13.5, by a full-time employee or casual employee...
📜 13.5 Ordinary hours are not to exceed 10 hours on any day or shift except by agreement in which case the maximum number of ordinary hours is 12.
The below overtime conditions have an automatic application in Tanda for Full Time employees:
38+ ordinary hours per the overtime averaging period (clause 19.1(a));
10+ ordinary hours in any day or shift (clauses 13.5 and 19.1(a)); or
12+ ordinary hours in any day or shift by agreement (clauses 13.5 and 19.1(a)).
The agreement under the Award to increase the daily ordinary hours to 12 can be facilitated permanently via Employment Type or via shift tags on an ad hoc basis.
Part Time
Part Time
📜 19.1 Overtime
All time worked in excess of:
...
(b)
in excess of the agreed number of hours per week pursuant to clauses 10.2 and 10.3, or the daily hours prescribed in clause 13.5, by a part-time employee...
📜 10.2 At the time of engagement the employer and the part-time employee must agree in writing on a regular pattern of work including the hours to be worked and the starting and finishing times on each day.
📜 10.3 A part-time employee’s hours once fixed can be varied at any time by agreement. Any agreed variation to the regular pattern of hours will be recorded in writing.
📜 13.5 Ordinary hours are not to exceed 10 hours on any day or shift except by agreement in which case the maximum number of ordinary hours is 12.
The below overtime conditions have an automatic application in Tanda for Part Time employees:
In excess of the agreed regular hours of work (clauses 10.2, 10.3, 19.1(b)); and
10+ ordinary hours in any day or shift (clauses 13.5 and 19.1(a)); or
12+ ordinary hours in any day or shift by agreement (clauses 13.5 and 19.1(a)).
For details on how to manage a Part Time employee's regular pattern of work and recording variations to these hours please see here.
The agreement under the Award to increase the daily ordinary hours to 12 can be facilitated permanently via Employment Type or via shift tags on an ad hoc basis.
Casual
Casual
📜 19.1 Overtime
All time worked in excess of:
(a)
an average of 38 hours per week, or the daily hours prescribed in clause 13.5, by a full-time employee or casual employee...
📜 13.5 Ordinary hours are not to exceed 10 hours on any day or shift except by agreement in which case the maximum number of ordinary hours is 12.
The below overtime conditions have an automatic application in Tanda for Casual employees:
38+ ordinary hours per the overtime averaging period (clause 19.1(a));
10+ ordinary hours in any day or shift (clauses 13.5 and 19.1(a)); or
12+ ordinary hours in any day or shift by agreement (clauses 13.5 and 19.1(a)).
The agreement under the Award to increase the daily ordinary hours to 12 can be facilitated permanently via Employment Type or via shift tags on an ad hoc basis.
Minimum Engagements
Minimum Engagements
Under the Miscellaneous Award Casuals are required to be paid for 2 hours of work for each shift:
📜 11.2 A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.
When a Casual works under 2 hours in a shift a minimum engagement will automatically buffer the time worked to 2 hours.
Please see the below example where a Casual employee only works 1.5 hours:
The Causal minimum engagement will look at the total hours worked per shift.
This means that if a broken shift is worked with a gap between shifts greater than 60 minutes, the minimum engagement will apply to all shifts under 2 hours:
Award Template Tags
In Tanda, award tags are applied to a timesheet in order to apply a manual overtime rule or override an automatic overtime rule.
List of Award Tags
Under the Miscellaneous Award Managed Template the available shift tags are:
12 Hours In Shift (By Agreement)
12 Hours In Shift (By Agreement)
This shift tag is only applicable to employees that have been set up with the Full Time, Part Time or Casual Employment Type tags. It has no function for employees set up with the (12 Hours Agreed) Employment Type tags.
To use this shift tag it needs to be saved to the employee profile first.
This can be done by navigating to Workforce > Staff > (Employee Name) > Pay Conditions & Regular Hours > Make Change > search for the 12 Hours In Shift (By Agreement) shift tag > add it to the profile > click Save Contract Changes:
Once saved to the profile, the shift tag can be saved to the timesheet in instances where there has been agreement to increase the ordinary hours in a day to 12.
Please see below for an example.
Before the application of the shift tag:
After the application of the shift tag:
Time Off In Lieu (TOIL)
Time Off In Lieu (TOIL)
📜 19.2 Time off instead of payment for overtime
(a)
An employee and employer may agree in writing to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee
.
When an employee has an agreement with their employer that overtime worked can be accrued as time off equivalent to the amount for which payment would otherwise have been made, they are agreeing to TOIL.
To categorise time worked as TOIL in Tanda, the shift must be tagged as TOIL so that time off is accrued instead of overtime rates being paid.
The overtime hours that have had a TOIL tag applied to them will no longer cost in the timesheet.
To use the TOIL shift tag it needs to be saved to the employee profile first.
This can be done by navigating to Workforce > Staff > (Employee Name) > Pay Conditions & Regular Hours > Make Change > search for the TOIL shift tag > add it to the profile > click Save Contract Changes:
Please see the below example of the application of the TOIL shift tag for a Full Time employee that has worked in excess of their rostered hours:
Before the application of a TOIL shift tag:
After the application of the TOIL shift tag:
For more information on how apply award tags to several employees at once please see Bulk Categorised Staff.
Getting Set Up to Use Shift Tags
To utilise the above shift tags you will need to set up your account to use shift tags.
Turning on the Setting
Turning on the Setting
To apply shift tags on the Timesheets, you must first have ‘Award Tags’ feature turned on. Turning on this feature will give you the drop down box on timesheets from which shift tags can be selected.
To turn this feature on, navigate to Settings > Timesheets > Show Advanced Settings > select the box next to Show an extra dropdown to adjust shift cost (Award Tag):
Now you will see the shift tags that have been saved to an employee profile available via the drop-down in the timesheet:
Allowances
Allowances pursuant to the RIA have been built into the Tanda Managed Template. These are divided into two types of allowances - Automatic Allowances and Manual Allowances.
Automatic Allowances
An automatic allowance will apply to the timesheet without any manual application. The automatic allowances available are:
First Aid Allowance
First Aid Allowance
📜
17.2(a) First aid allowance
An employee who has been trained to provide first aid and who is the current holder of appropriate first aid qualifications, such as a certificate from St John Ambulance or similar body, must be paid an extra $19.90 per week if appointed by their employer to perform first aid duties.
In order for the First Aid Allowance to automatically apply to an employee's timesheet you will need to add one of the below tags to the Pay Conditions tab of the employee profile.
There is the option to pay the First Aid Allowance in a single weekly amount or at hourly rate that will cap once the required weekly total is reached.
The available tag options are:
First Aid Allowance
First Aid Allowance (Weekly)
To add one of the above tags to the employee profile navigate to Time & Attendance > Staff > (Employee Name) > Pay Conditions > under Allowances/ Penalties search for the relevant allowance tag:
The click Save Contract Changes.
The allowance will then automatically apply to the employee’s timesheet.
In the below example the hourly first aid allowance was saved to the employee's Pay Conditions tab, meaning that the hourly rate will now apply for each hour worked up until the cap:
Leading Hand Allowances
Leading Hand Allowances
📜 17.2(b) Leading hand/in charge allowance
A team leader or leading hand in charge of 3 or more employees must be paid:
In order for the Leading Hand Allowances to automatically apply to an employee's timesheet you will need to add one of the below tags to the Pay Conditions tab of the employee profile.
There are weekly and hourly versions of the above listed Leading Hand Allowances.
Weekly Leading Hand Allowance tags:
Leading Hand Allowance 3-10 Staff (Per Hour)
Leading Hand Allowance 11-20 Staff (Per Hour)
Leading Hand Allowance 20+ Staff (Per Hour)
Hourly Leading Hand Allowance tags:
Leading Hand Allowance 3-10 Staff (Weekly)
Leading Hand Allowance 11-20 Staff (Weekly)
Leading Hand Allowance 20+ Staff (Weekly)
To add one of the above tags to the employee profile navigate to Time & Attendance > Staff > (Employee Name) > Pay Conditions > under Allowances/ Penalties search for the relevant allowance tag:
The click Save Contract Changes.
The allowance will then automatically apply to the employee’s timesheet.
In the below example a weekly Leading Hand Allowance was saved to the employee's Pay Conditions tab, meaning that the allowance will apply the total required amount to the first shift of the week:
Manual Allowances
Some allowances will not apply unless specifically added to the timesheet.
These allowances are set up to be manual in Tanda as it is not predictable when these allowances will be applicable.
The manual allowances under the Miscellaneous Award Managed Template are:
Overtime Meal Allowance (First Hours) (clause 17.3(b)(i))
Overtime Meal Allowance (Subsequent Meals) (clause 17.3(b)(ii))
Vehicle Allowance (per km) (clause 17.3(c))
How to Add Manual Allowances to the Timesheet
How to Add Manual Allowances to the Timesheet
To add one of the above manual allowances to a timesheet, go to the relevant employee’s timesheet and click on the blue + Add Allowances button under the start and finish times as shown below:
Click + Add Allowance in the Shift Allowances window and the select the manual allowance from the the dropdown:
Please note that any automatic allowances will appear in the Shift Allowances window, however they cannot be edited.
Enter the number of units you wish to apply, then press the Save Allowances button to apply it to the timesheet. Tanda will calculate the total cost of the allowance for you:
Once saved, the allowance will now apply to in the timesheet:
Further Information
If you have any questions regarding the above, please contact our support team via live chat or email (support@tanda.co).
For further information on this Award please see the Miscellaneous Award 2020.