This article provides guidelines about when to use the different work types and tags that are included as part of the pre-built Legal Services Award 2020 [MA000116] package. For further information about this industry award, refer to Legal Services Award.
Key Updates to Award
Last Updated: July 2022
We have updated the award to reflect changes made as part of the Fair Work Decision regarding Paid Family and Domestic Violence Leave. Further information on what changes have been applied to the platform and what you should be aware of can be found within this article.
We have created the following new categories:
- New Leave Category: Paid Family and Domestic Violence Leave.
- New Pay Category: Paid Family and Domestic Violence Leave.
- New Work Type: Paid Family and Domestic Violence Leave taken.
We have updated the Leave Allowance Templates to disable the existing unpaid Family and Domestic Violence and we have enabled the new Paid Family and Domestic Violence Leave. We also updated any impacted rule conditions.
As part of Fair Work's ruling, an employee must be paid their full pay rate; this includes their base rate plus any incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates, and any other separately identifiable amount.
The Award has been updated to reflect the Fair Work Commission’s National Minimum Wage increase of detailed in the Annual Wage Review 2021-22 decision. This also includes updates to expense-related allowances. Information on the Determinations can be found here and here. These changes come into effect from the first full pay period on or after 1 July 2022. Please install these updates AFTER you have finalised your last pay run prior to the first full pay period commencing on or after 1 July 2022.
Unpaid Pandemic Leave has been disabled as this entitlement has now expired within this award. Additional information can be found on the Fairwork website.
The Unpaid Pandemic Leave pay category has been updated and counts as service for entitlements under awards and the National Employment Standards.
If any staff have used this category previously, please adjust their Annual, Personal and Long Service Leave balances for any period of unpaid pandemic leave previously taken.
The Award has been updated in line with the ATO's requirements for STP Phase 2 reporting. The reporting of gross earnings are now being disaggregated into distinguishable categories. The Pay Category payment classifications have been updated in line with the ATO specification categories found here. For further information please see our STP support article.
Installing and Configuring the Pre-Built Award Package
For details on how to install and configure this Pre-built Award Template, please review the detailed help article here.
This industry award covers employers throughout Australia in the legal services and their employees in the classifications listed in Schedule A—Classifications to the exclusion of any other modern award.
Work types are a description of the kind of shift you are working, and are selected when you record a timesheet. The following is a list of work types employees can select on their timesheet, and the meaning of each item.
8 Hour Break Between Shifts (by agreement)
Choose this work type when by agreement between an employer and individual employee, the 10 hour break may be reduced to a period no less than 8 hours.
Annual Leave Taken
Choose this work type when annual leave was taken.
Choose this work type when an employee is recalled to work overtime after leaving the employer’s place of work (whether notified before or after leaving the place of work).
Compassionate Leave Taken
Choose this work type when compassionate leave was taken.
Delayed Meal Break
Choose this work type when an employee is directed by an employer to work in excess of 5 hours without a meal break.
Family and Domestic Violence Leave Taken
Choose this work type when family and domestic violence leave was taken.
Leave Without Pay Taken
Choose this work type when unpaid leave was taken.
Long Service Leave Taken
Choose this work type when long service leave was taken.
Not Relieved for RDO
Overtime Meal Allowance
Choose this work type when an employee is required to work one hour or more of overtime (Monday to Friday inclusive) and the overtime finishes one and a half hours after the normal finishing time or 5 hours after the preceding meal break, whichever first occurs, or in the case of a shiftworker when the overtime work on any shift exceeds one hour. Also, when an employee is required to work more than 5 hours overtime on a Saturday or a Sunday, or more than 5 hours by a shiftworker on their rostered day off and where an employee could not reasonably return home for a meal within the period allowed.
Overtime Meal Allowance (subsequent)
Choose this work type when an employee is required to work overtime which exceeds 4 hours or to work more than 9 hours on Saturday or Sunday and where an employee could not reasonably return home for a meal within the period allowed.
Paid Community Service Leave Taken
Choose this work type when community service leave was taken..
Personal/Carer's Leave Taken
Choose this work type when personal or carer's leave was taken and the business accrues the leave in hours.
Public Holiday not Worked
Choose this work type when employee is not required to work on a gazetted public holiday but otherwise would have worked on this day.
Choose this work type when a rostered day off was taken.
RDO on PH
Choose this work type when a shiftworker's rostered day off coincides with a public holiday and they are to be paid a day’s pay additional to their weekly wage.
RDO on PH + AL Accrual
Choose this work type when a shiftworker's rostered day off coincides with a public holiday and they are to have a day added to their annual leave balance.
Choose this work type where an employee is required to hold themselves in readiness to work after ordinary hours.
Study Leave Taken
Choose this work type when study leave was taken.
TIL of Overtime
Choose this work type when the employee elects to accrue time in lieu rather than an overtime payment.
Time in Lieu Taken
Choose this work type when time in lieu was taken.
Choose this work type when an employee must travel between the employee’s usual place of employment and a temporary location.
Uniform or Special Clothing Allowance
Choose this work type when an employee is required to wear a special uniform, dress or clothing, and is not supplied and laundered by the employer.
Unpaid Pandemic Leave Taken
Choose this work type when unpaid pandemic leave was taken.
Vehicle Allowance - CarVehicle Allowance - Motorcycle
Choose this work type where an employer requests an employee to use their own motor vehicle to perform work duties. The kilometres travelled should be entered into the ‘units’ field ie 1 (one) unit is equivalent to 1 (one) kilometre.
Vehicle Allowance - Motorcycle
Choose this work type where an employer requests an employee to use their own motorcycle to perform work duties. The kilometres travelled should be entered into the ‘units’ field ie 1 (one) unit is equivalent to 1 (one) kilometre.
Working on an RDO
Choose this work type when and employee is required to work on their rostered day off.
Employee Tags are specific conditions typically related to the employees agreement. These are often conditions negotiated and agreed between the employer and the employee, or unique characteristics of the employees role. Payment of these provisions is usually of a recurring and ongoing nature.
6 day workplace
Assign this tag to an employee if they work in a six day workplace.
Assign this tag to an employee when they work afternoon or nights shifts for at least 5 successive shifts or 6 successive shifts in a 6 day workplace.
Permanent Night Shift
Assign this tag when an employee during a period of engagement on shift, works night shift only; or remains on night shift for a longer period than 4 consecutive weeks; or works on a night shift which does not rotate or alternate.
Assign this tag when the employee is employed as a continuous or non-continuous shiftworker.
TIL of Overtime
Assign this tag when employee elects to receive time off instead of payment for overtime.
Uniform or Special Clothing Allowance
Assign this tag to a full-time employee where they are required to wear any special uniform, dress or clothing and it is not supplied or laundered by the employer. and/or equipment.
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