Shop Employees (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 289544 of 2018)
Before Chief Commissioner Kite
|
13 February 2019
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject
Matter
1. Arrangement
2. Definitions
3. Engagement,
Payment and Termination
4. Part-time
Employees
5. Casual
Employees - All Shops
5A. Secure
Employment
6. Meal
Allowances
7. Flexibility
of Work
8. Commitment
to Training and Careers
9. Mixed
Enterprise
10. Hours
11. Shift Work
(Night Fill) - General Shops
12. Special
Provisions for Substituted Late Shopping Night (General Shops)
13. Savings
Clause
14. Weekend and
Late Night Penalty Rates and Loadings
15. Overtime
16. Meal Times
and Rest Pauses
17. Holidays
18. Sick Leave
19. Blood Donor
Leave
20. Bereavement
Leave
21. Personal/Carer’s
Leave
21A. Parental
Leave
22. Jury
Service
23. Annual
Holiday Loading
24. Travelling
Time, Expenses, Allowances, etc.
25. Uniforms,
Protective Clothing
26. Facilities
27. Renovations
in Retail Shops
28. Notations
29. Exemptions
30. Cleaning
Duties
31. Dispute
Settlement Procedures
31A. Deduction of
Union Membership Fees
32. Anti-Discrimination
33. Redundancy
34. Supported
Wage System for Workers with Disabilities
35. Allowances
and/or Additional Rates
36. Agricultural,
Pastoral or Horticultural Societies' Shows, etc.
37. Area,
Incidence and Duration
38 Wages
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
2. Definitions
(i) "General
Shops" means and includes all shops other than special shops, and
confection shops as defined in this award.
(ii) "Special
Shops" means and includes audio shops, book shops, video shops, cake and
pastry shops, cooked provisions shops, take-away food shops, fish shops, flower
shops, garden plant shops, hairdressers' shop, newsagencies, pet shops,
souvenir and gift shops, tobacconists' shops (each as defined in Schedule 1 to
the Shops and Industries Regulation 2007 to the Shops and Industries Act 1962), small shops (as defined in Section
78B of the Shops and Industries Act
1962) and retail liquor shops.
(iii) "Confection
Shops" means and includes confectioners' shops, refreshment shops and
fruit and vegetable shops as defined in Schedule 1 of the Shops and Industries
Regulation 2007 to the Shops and
Industries Act 1962),
(iv) "Light
Refreshments" means and incudes a beverage, hot or cold, served with
biscuits, cakes, pastry, sandwiches, meat pies or the like.
(v) "Shop"
- See Section 3, Retail Trading Act
2008.
(vi) "Ticket
Writer" means employees engaged in forming or designing letters or figures
on paper or cardboard having an area not exceeding 7741.92 square centimetres
or on pulp board, beaver board and other similar board having dimensions not
exceeding 508 millimetres by 762 millimetres or designing or lettering price
tickets on any medium having dimensions not exceeding 508 millimetres by 762
millimetres, provided that the paper board and tickets are for the employer's
own use and not for sale.
(vii) "Salesperson
Outdoor" shall mean an employee employed to solicit retail sales or in the
hire of goods by retail, away from the employer's place of business.
(viii) "Section
Head" means an employee appointed as such in a section of a shop where
there are four or more employees.
(ix) "Qualified
First-aid Attendant" shall mean an employee who is a qualified first-aid
attendant and is employed to carry out the duties of a first-aid attendant.
(x) "Qualified
Automotive Parts and Accessories Salesperson" shall mean an employee who
has passed an appropriate course of technical training.
(xi) "Retail
Merchandiser" local and country shall mean a person who is employed to
stack shelves in a shop and/or carry out such other duties normally associated
with the work of a shop assistant, excluding persons employed by a bread
manufacturer and, except in an emergency, the preparation of gondola ends and
display units where defined in the Commercial Travellers, &c. (State) Award
published 9 November 2001 (329 I.G. 329) This classification shall not apply to
any persons employed by a retail employer in a shop.
(xii) "Improver
Waiter/Waitress" shall mean a waitress in a confection shop under 21 years of age with not more than six months
experience.
(xiii) "Rostered
Day Off" means the day off arising from the working of ordinary hours in a
19-day four-week cycle.
(xiv) "Long
Day" means a day on which ordinary hours exceed nine hours but shall not
exceed 11 hours.
(xv) "Trolley
Collector" means an employee who is engaged by a retail store, wholesaler
or contractor, and who is responsible for the collection of shopping trolleys
and the loading onto a trailer for transporting to designated storage areas,
and the unloading of the trolleys at those areas.
(xvi) "Union"
means the Shop, Distributive and Allied Employees’ Association, New South Wales
and/or the Shop Assistants and Warehouse Employees’ Federation of Australia,
Newcastle and Northern New South Wales.
3. Engagement, Payment
and Termination
(i) Engagement
- An employee may be employed as a weekly, part-time or a casual employee. Provided that no later than three months
after the coming into force of this award, in a general shop employing 13 or
more employees (employee as defined in paragraph (ix) of subclause (II),
General Shops - Rosters for Five-day Week, of clause 10, Hours) the total
number of hours worked by casual employees shall not exceed 25 per cent of the
total hours worked in that shop. Hours worked
by shift work (night fill) employees shall not be included in this
calculation. Provided that the 25 per
cent limitation on casual hours in general shops shall not apply to: tourist
resort areas during the tourist extended trading hours, Christmas and Easter,
and provided further that any shop which at the time of the making of the award
employs casuals to an extent exceeding 25 per cent of total hours worked in the
shop may continue to do so, provided that no additional casuals are employed
until the limit of hours of 25 per cent is achieved. The 25 per cent limitation contained in this
subclause does not apply to the employment of retail merchandisers as defined.
An employer who is of the opinion that a shop may not
operate efficiently within the prescribed limit may seek exemption from this
provision by application to the Industrial Relations Commission of New South
Wales.
(ii) Proof of Age -
Upon the engagement of an employee, such employee, if required to do so, must
furnish to the employer a correct statement in writing of his or her age
certified to by statutory declaration or birth certificate. When an employee cannot prove his or her age
in the ordinary way, a passport, military or naval discharge or Consular
document shall be proof of age.
(iii) Time and
Payment of Wages - All wages shall be paid weekly in addition to any
commission, bonus or premium to which the employee is entitled. Such payment shall be made on the same day of
each week, which shall not be a Friday, a Saturday or a Sunday except as herein
provided for, and shall be made up to and including at least the third day
preceding the day of payment; provided that, in a week where an award holiday
falls on the day in which wages are usually paid, payment thereof shall be made
not later than the working day immediately preceding the award holiday. Other arrangements regarding payment may be
made by agreement between the employer and the union.
Notwithstanding the foregoing:
(1) Overtime shall
be paid not later than a week from the second day succeeding the day on which
it was earned. Provided that where an
employee is paid fortnightly in accordance with paragraph (7) of this
subclause, then overtime worked in the second week of a pay period may be paid
in the following pay period.
(2) Where
employment is terminated an employee shall be paid forthwith all ordinary wages
due and shall be paid all overtime and other moneys due within seven days of
the date of the termination of employment.
(3) In the event of
an employer not paying the said overtime and other moneys due at the time on
which he/she has undertaken to pay, then the employer shall reimburse the
employee all expenses he/she has incurred in attending to collect the amounts
due to him/her.
(4) By mutual
agreement between the employer and employee, casual employees and part-time
employees may elect to be paid on a Friday, Saturday or Sunday.
(5) When an
employee is required by an employer to wait beyond the ordinary ceasing times
of the employee for payment of ordinary wages or, when an employee is
terminated, to wait for payment of ordinary wages after the period of the
termination for a period of more than 15 minutes, he/she shall be paid ordinary
wages for the period during which he/she is so required to wait.
(6) Wages may be
paid by electronic funds transfer.
Provided that where wages are paid by electronic funds transfer,
additional costs associated with the introduction and operation of electronic
funds transfer shall be paid for by the employer.
(7) Wages may be
paid fortnightly, provided that the employee is paid no later than the third
day of the second week of the pay period.
(iv) Termination
of Employment -
(a) In the case of
misconduct justifying instant dismissal an employee may be instantly dismissed.
(b) In all other
cases employment may be terminated by either party -
(1) during the first month of employment by a moment's notice;
(2) thereafter, by one week's notice or by the payment or
forfeiture of one week's pay.
(c) Employment
shall not be terminated, except for misconduct, while the employee is
legitimately absent from duty on accrued sick leave.
(d) Termination
Immediately Prior to Holiday - Subject to paragraph (ii) of subclause (A) of
clause 17, Holidays, a full-time or part-time employee after more than two
weeks' employment whose employment is terminated by the employer on the
business day preceding a holiday or holidays, other than for misconduct, shall
be paid for such holiday or holidays.
(e) Termination
Prior to Christmas - Notwithstanding the provisions of paragraph (d) of this
subclause, an employee engaged on or after 1 December in any year whose
employment finished before Christmas Day and who is not re-employed within four
weeks of Christmas Day by the same employer is not entitled to payment for the
Christmas holidays.
(f) Certificate of
Service - An employee who has been employed for not less than one month, on
leaving or being discharged shall, upon request, be entitled to a statement in
writing containing the date when the employment began and the date of
termination. The statement shall be the
property of the employee and shall be returned to him/her un-noted by any
subsequent employer within seven days of the engagement.
4. Part-Time Employees
(A) General Shops -
(a) Part-time
employees shall be paid an hourly rate equal to the appropriate weekly rate
divided by 38.
(b) Ordinary hours
of work, exclusive of meal times, shall be the same as those prescribed for
full-time employees but shall not in any case be less than three hours work per
day nor less than 12 hours work per week nor more than
30 hours work per week.
Provided further that where an employee's regular
rostered work is in excess of 30 hours per week, then such an employee shall be
deemed to be a weekly employee and paid as such.
Provided that employees employed prior to the first pay
period in August 1988 shall work their ordinary hours, except where such
employees agree otherwise, as follows:
(i) Ordinary
hours of work, exclusive of meal times, shall be the same as those prescribed
for full-time employees but shall not in any case be less than three hours work
per day nor less than 16 hours work per week nor more than 30 hours work per
week, except as provided in subparagraph (ii) of this paragraph.
(ii) Provided that
where an employee's regular rostered work is in excess of 30 hours per week,
then such an employee shall be deemed to be a full-time employee and paid as
such.
(c) Save for the
meal times prescribed, all time between the actual commencing time and the
actual ceasing time on any one day shall count and shall be paid for as time
worked.
(d) Notwithstanding
the provisions of paragraphs (a) to (c) of this subclause, the union and an
employer may agree, in writing, to observe other conditions in order to meet
special cases.
(B) Special and
Confection Shops -
(a) Part-time
employees shall be paid an hourly rate equal to the appropriate weekly rate
divided by 38.
(b) Ordinary hours
of work, exclusive of meal times, shall be the same as those prescribed for
full-time employees but shall not, in any case, be less than three hours work
per day nor less than nine hours work per week nor
more than 30 hours work per week.
Provided that the minimum weekly engagement for all
part-time employees employed as at 26 September 1990 shall be 12 hours per
week.
Provided further that where an employee's regular
rostered work is in excess of 30 hours per week, then such an employee shall be
deemed to be a full-time employee and paid as such.
Provided further that employees employed prior to the
first pay period in October 1988 shall work their ordinary hours, except where
such employees agree otherwise, as follows:
The ordinary hours of work, exclusive of meal times,
shall be the same as those prescribed for weekly employees but shall not, in
any case, be less than 20 hours per week.
(c) Save for the
meal times prescribed, all time between the actual commencing time and the
actual ceasing time on any one day shall count and shall be paid for as time
worked.
(d) Notwithstanding
the provisions of paragraphs (a) to (c) of this subclause, the union and an
employer may agree, in writing, to observe other conditions in order to meet
special cases.
5. Casual Employees -
All Shops
All Shops - Casual employees shall be paid an hourly rate
equal to the appropriate weekly rate divided by 38, plus 15 per cent,
calculated to the nearest half cent with a minimum payment on any one shift of
three hours work.
Provided that upon employment, a new casual employee may be
engaged for a minimum of two hours for the first two engagements, provided that
these engagements shall be for the purpose of training only.
NOTATION: See Saturday penalty rates in clause 14, Weekend
and Late Night Penalty Rates and Loadings, as shown in Item 5 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
(a) Theatres,
Sportsgrounds, etc. - Night interval employees, other than at continuous
picture shows, working only during the interval of picture shows, theatres and
like places of amusement, during not more than one hour at any interval, shall
be paid at an hourly rate equal to the appropriate casual rate prescribed by
this clause plus, for each night worked, the amount shown in Item 1 of Table 2
- Other Rates and Allowances, of Part B, Monetary Rates. Provided that employees working only one
night per week shall be paid such appropriate casual hourly rate plus, for each
night worked, the amount shown in Item 2 of Table 2. 'Night interval' or
'night' shall include Saturday afternoon.
(b) Employees
engaged only in selling goods from trays in picture shows, theatres and like
places of amusement, other than continuous picture shows, shall be paid a sum
of money per night equal to 12.5 per cent commission on all sales made by them;
provided that such payment shall allow the employees to receive per week a sum
not less than 17.5 per cent of the appropriate adult weekly rate; provided also
that an employee employed on only one night in any week shall be guaranteed for
such night one-fifth of the above amount, plus six cents.
For the purposes of this paragraph, "night"
includes Saturday afternoon. Persons
employed in accordance with the provisions of this paragraph shall not be under
14 years of age and shall not be required to perform any work other than tray
work.
(c) Sports Grounds,
etc. - Employees working at sports grounds and the like shall be paid an hourly
rate equal to the appropriate adult weekly rate divided by thirty-eight, plus
7.5 per cent, with a minimum payment on any one day for four hours.
(d) Personal/Carers
Entitlement for Casual Employees
(i) Subject
to the evidentiary and notice requirements in paragraphs (b) and (d) of
subclause (1) of Clause 21 Personal/Carer’s Leave, casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subparagraph (ii) of paragraph (c) of subclause
(1) of Clause 21 Personal/Carer’s Leave, who are sick and require care and
support, or who require care due to an unexpected emergency, or the birth of a
child.
(ii) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work.
In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(iii) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
(e) Bereavement
Leave Entitlements for Casual Employees
(i) Subject
to the evidentiary and notice requirements in paragraphs (b) and (d) of
subclause (1) of Clause 21 Personal/Carer’s Leave casual employees are entitled
to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subparagraph (ii) of paragraph (c) of
subclause (1) of Clause 21 Personal / Carer’s Leave.
(ii) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(iii) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
5A.
Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual Conversion
(i) A
casual employee engaged by a particular employer on a regular and systematic
basis for a sequence of periods of employment under this Award during a
calendar period of twelve months shall thereafter have the right to elect to
have his or her ongoing contract of employment converted to permanent full-time
employment or part-time employment if the employment is to continue beyond the
conversion process prescribed by this subclause.
(ii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of twelve months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i),
upon receiving notice under paragraph (b)(ii) or after the expiry of the time
for giving such notice, may give four weeks’ notice in writing to the employer
that he or she seeks to elect to convert his or her ongoing contract of
employment to full-time or part-time employment, and within four weeks of
receiving such notice from the employee, the employer shall consent to or
refuse the election, but shall not unreasonably so refuse. Where an employer
refuses an election to convert, the reasons for doing so shall be fully stated
and discussed with the employee concerned, and a genuine attempt shall be made
to reach agreement. Any dispute about a refusal of an election to convert an
ongoing contract of employment shall be dealt with as far as practicable and
with expedition through the disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the employer and employee shall, in accordance with
this paragraph, and subject to paragraph (b)(iii), discuss and agree upon:
(1) whether the employee will convert to full-time or part-time
employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the
Industrial Relations Act 1996 (NSW).
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi),
the employee shall convert to full-time or part-time employment. If there is
any dispute about the arrangements to apply to an employee converting from
casual employment to full-time or part-time employment, it shall be dealt with
as far as practicable and with expedition through the disputes settlement
procedure.
(viii) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(ix) Exemption
The abovementioned casual conversion clause will not
apply to persons who:
(a) perform work pursuant to the Technical and Further Education Commission Act 1990 and/or the Public Sector Employment and Management Act
2002.
(c) Occupational
Health and Safety
(i) For
the purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with employees of the labour hire business and/or
contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees of the labour hire business and/or contract
business are made aware of any risks identified in the workplace and the
procedures to control those risks.
(iii) Nothing in this
subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work, Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship
and Traineeship Act 2001 (or equivalent interstate legislation) and are
deemed by the relevant State Training Authority to comply with the national
standards for Group Training Organisations established by the ANTA Ministerial
Council.
6. Meal Allowances
(i) An
employee who works overtime after 6.30 pm shall be paid, on such day, the amount
set out in Item 3 Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, as a meal allowance or with the prior agreement of the union, shall be
provided with a suitable meal approved of by the union, provided that in
general shops:
(a) An employee who
is working their normal ordinary hours after 6.30 p.m. on a Thursday or Friday
night shall not become entitled to a meal allowance until that employee works
overtime of more than 30 minutes after the completion of such ordinary hours.
(b) An employee who
is required to work overtime on a Sunday beyond 1.00 pm shall be paid, on that
day, the amount set out in Item 3 of the said Table 2, as a meal allowance and
if required to work beyond 6.00 pm a further sum of the same amount.
(c) A full-time or
part-time employee in a general shop employed in the industry prior to 25 July
1984 (who elects not to work ordinary hours on a Saturday after 12 noon or on
the second additional late night after 6.00 pm), who works after 6.00 p.m. on
Thursday (Friday in the Shire of Gosford and the Shire of Wyong), shall be paid
the amount set out in Item 3 of Table 2 as a meal allowance, provided that if
the shop closes at 7.00 p.m. or earlier, such meal allowance shall not be
payable.
(ii) Breakfast - An
amount set out in Item 4 of Table 2 shall be paid.
7. Flexibility of Work
An employer may direct an employee to carry out such duties
as are within the limits of the employee's skill, competence and training.
Employees shall take all reasonable steps to achieve quality,
accuracy and completion of any job or task assigned to the employee.
Employees shall not impose any restrictions or limitations
on a reasonable review of work methods or standard work times.
8. Commitment to
Training and Careers
The parties acknowledge that varying degrees of training are
provided to employees in the retail industry, both via internal, on the job and
through external training providers.
The parties commit themselves to continuing such training as
is regarded by them as appropriate and improving training in cases where this
is required.
It is agreed that the parties will co-operate in ensuring
that appropriate training is available for all employees in the retail industry
and the parties agree to co-operate in encouraging both employers and employees
to avail themselves of the benefits to both from such training.
The parties are committed to encouraging young people to
view the retail industry as one which has the capacity to provide them with an
interesting career as they progress not only through junior ranks but also as
adults.
The parties agree to continue discussions on issues raised
by the unions relating to training.
9. Mixed Enterprise
A mixed enterprise is defined as an establishment where the
primary operation is not covered by this award to the extent that at least 75
per cent of employees are engaged in an industry other than the retail
industry.
For the purpose of increasing productivity, flexibility and
efficiency in mixed enterprises, as well as enhancing opportunities for
employees, broadbanding may extend, by agreement
between an employer and an employee, to allow the employee to perform any work
in a mixed enterprise within the scope of their skills and competence. Discussion shall take place at the enterprise
with a view to reaching agreement for employees to perform a wider range of
tasks, removal of demarcation barriers and participation of employees in
additional training.
Subject to the provisions of the previous paragraph,
employees in a mixed enterprise shall not impose or continue to enforce
demarcation barriers between the work of employees,
provided that it is agreed that the work lies within the scope of the skill and
competence of the employee concerned.
10. Hours
(I) General Shops
- Hours -
(i) Weekly
Hours - The ordinary hours of work of employees in shops shall not exceed 38
per week, to be worked in accordance with subclause (II), General Shops -
Rosters for Five-day Week, of this clause, Monday to Saturday (Monday to Sunday
in shops which may lawfully trade on a Sunday), both days inclusive and, save
for the meal times prescribed, all time between the actual commencing time and
the actual ceasing time on any one day shall count and shall be paid for as
time worked.
(ii) Commencing
Times and Ceasing Times -
7.00 am to 6.00 pm - Monday, Tuesday, Wednesday and
Saturday.
7.00 am to 9.00 pm -Thursday and Friday.
8.00 am to 5.00 pm - Sunday.
Employees in supermarkets/food stores and hardware
shops or departments can be rostered to commence one hour earlier.
(iii) Within the
commencing and ceasing times prescribed respectively in paragraph (ii) of this
subclause, full-time and part-time employees on engagement shall be notified
of:
(a) the quantum of ordinary hours to be worked each week;
(b) the days of the week on which such work is to be performed;
and
(c) the commencing and ceasing times of such hours of work for
each day of the week on which work is to be performed.
The above subparagraphs (a), (b) and (c) shall not be
changed except:
upon not less than seven days'
notice; or
by agreement between the
employee and the employer where the extra/other hours may be expressly agreed
to be worked as part of a roster change and paid at ordinary rates; where no
expressed agreement exists overtime rates must apply.
In the event of an emergency, subparagraphs (b) and (c)
above may be changed, the quantum of hours may be
increased but not decreased.
Provided that where it is alleged by the unions that a
change in rosters is contrary to the wishes of the majority of employees or
operates unfairly or to the disadvantage of employees, the employer shall give,
in lieu of seven days' notice, 14 days' notice, during which time there shall
be discussions and, where practicable, agreement reached with the union.
(iv) Where an
employee's roster is changed with the appropriate notice for a once-only event
caused by particular circumstances not constituting an emergency, and the
roster reverts back to the previous pattern in the following week, then work done by the employee because of the roster change
shall be paid for at the overtime rate of pay. (This does not apply where an
agreed change to a roster is made at the request of the employee.)
(II) General Shops -
Rosters for Five-day Week -
(i) All
full-time and part-time employees shall be rostered their ordinary hours of
work on any five days of the week, Monday to Saturday inclusive (Monday to
Sunday in shops which may lawfully trade on a Sunday), on the following basis:
(a) At least once
every two weeks an employee shall be granted two consecutive days off which
shall not include the rostered day off (RDO).
(b) There shall not
be more than one long day in any week. A
long day is defined as a day exceeding nine ordinary hours of work. Provided that, by mutual
agreement, additional long days may apply.
(c) The maximum
number of ordinary hours which may be worked on any one day shall be 11 hours.
(d) Provided that
ordinary hours may be worked on six days in one week if in the following week
ordinary hours are worked on not more than four days.
(e) The following
provisions shall apply in general shops which may lawfully trade on a Sunday:
(i) Once
every four weeks, an employee who works ordinary hours on a Sunday shall be
given three consecutive days off (not including the 19-day month RDO) which
shall include Saturday and Sunday. By
mutual agreement alternative arrangements may apply.
(ii) Where an
employee transfers at his/her own request to a store where Sunday trading is
already lawful, the employee will not have the right to refuse to work on
Sundays at the new store.
Where an employee transfers at the employer's request
to another store where Sunday trading is already lawful, the employee will
retain the right to refuse to work on Sundays at the new store.
(f) Subparagraphs
(a) to (e) of this paragraph do not apply to employees engaged pursuant to
clause 11, Shift Work (Night Fill) - General Shops.
(g) Each full-time
weekly employee shall be rostered so that the maximum number of hours that shall
constitute an ordinary week's work without the payment of overtime shall not
exceed, on average, 38 per week and may be worked in any of the following
forms:
(i) 38
hours in one week;
(ii) 76 hours in two
consecutive weeks;
(iii) 114 hours in
three consecutive weeks;
(iv) 152 hours in
four consecutive weeks.
(ii) There shall be
not less than a ten-hour break between finishing work (including overtime) one
day or shift and the commencement of work on the next day or shift.
(iii) When
establishing a roster or changing a roster, the employer will have regard for
the family responsibilities of the employee.
In having regard for the family responsibilities, it is
accepted that the existence of such responsibilities does not in itself prevent
an employer changing an employee’s roster where necessary.
(iv) Full-time
and part-time employees shall be provided with a regular roster which shall not
be subject to frequent variations unless by mutual agreement.
(v) Provided
further that in shops with five or less full-time and part-time employees the
rostered days off shall be decided by mutual arrangement between the employer
and employees.
(vi) Provided
further that the rostering of store managers shall be by mutual arrangement
between the employer and employees.
(vii) Provided that in
shops employing on a regular basis 20 or more employees per week, unless
specific agreement exists to the contrary between an employer and an employee,
the employee shall not be required to work ordinary hours on more than 19 days
in each four-week cycle.
Where specific agreement exists between an employer and
an employee, the employee may be worked on the basis of:
not more than four hours work
on one day in each two-week cycle;
not more than six hours work
on one day per week.
(viii) Provided that in
shops employing on a regular basis more than five employees but less than 20
employees per week, unless specific agreement exists to the contrary between an
employer and an employee, the employees may be worked their ordinary hours on
one of the following bases at the employer's direction:
not more than 19 days work in each four-week cycle;
not more than four hours work
on one day in each two-week cycle;
not more than six hours work
on one day in each week.
Where specific agreement exists between an employer and
an employee, the employee may be worked on not more than 7.6 hours per day.
Provided further that no existing employee who was
employed as at 26 September 1990 and who was entitled to a rostered day off
shall lose their entitlement to such rostered day off.
(ix) Provided that
in shops employing on a regular basis five or less employees per week,
employees may be worked their ordinary hours on one of the following bases at
the employer's discretion:
not more than 19 days in each
four-week cycle;
not more than four hours work
on one day in each two-week cycle;
not more than six hours work
on one day in each week;
not more than 7.6 hours work
on any day.
(x) In any case
where agreement is reached between an employer and an employee pursuant to
paragraphs (vii) and (viii) of this subclause, the relevant union shall be
notified seven days prior to the implementation of such agreement. Any dispute as to such agreement shall be
referred to the Industrial Registrar.
(xi) Provided
that, for the purposes of this clause, "employing on a regular basis"
includes persons of the following types:
(a) employees of the employer engaged on the premises whose
terms of employment are not regulated by this award;
(b) employees other than those employed by the employer whose
terms of employment are regulated by this award and who regularly work on the
premises performing work as demonstrators and the like, but not including the
employees of a bona fide franchisor operating on the premises.
(xii) Every employer
shall, by legible notice which shall bear the date when it is fixed, exhibit in
a place accessible to employees the current starting and finishing times for
each employee for each day of the week.
The employer shall retain superseded notices for 12 months. The roster of hours shall, upon request, be
produced for inspection by any person authorised to inspect the same.
(III) Special and
Confection Shops - Hours and Rosters -
(i) Weekly
Hours - The ordinary hours of work of employees in shops shall not exceed 38
per week and shall be worked on five days of the week, Monday to Sunday,
inclusive. Provided that ordinary hours
may be worked on six days in one week if in the following week ordinary hours
are worked on not more than four days.
Save for meal times prescribed, all time between the actual commencing time and ceasing time on any one day shall count and shall
be paid for as time worked. Provided
that an employee may be worked so that the maximum number of hours that shall
constitute an ordinary week's work without the payment of overtime shall not
exceed an average of 38 per week and may be worked in any one of the following
forms:
(a) 38 hours in one
week;
(b) 76 hours in two
consecutive weeks;
(c) 114 hours in three
consecutive weeks;
(d) 152 hours in
four consecutive weeks.
(ii) Commencing
Times - The commencing time of the ordinary hours of work shall be 7.00 am
(6.00 am in take-away food shops, fruit and vegetable shops and newsagencies).
(iii) Ceasing Times -
The time for the cessation of the ordinary hours of work by employees shall be:
(a) In cake and
pastry shops, cooked provisions shops, fish shops, pet shops, souvenir and gift
shops, tobacconists' shops and small shops, Monday to Sunday, both days inclusive
- 10.30 pm.
(b) In take-away
food shops, Monday to Sunday, both days inclusive-midnight.
(c) In flower shops
and garden plant shops, Monday to Sunday, both days inclusive - 8.30 pm.
(d) In
hairdressers' shops, Monday to Friday, both days inclusive - 5.45 pm and
Saturday - 12.45 pm.
(e) In retail
liquor shops, Monday to Sunday, both days inclusive - 10.00 pm. Provided that
for employees employed prior to the first pay period in October 1988 the
following provisions shall continue to apply, unless the employees agree
otherwise:
In retail liquor shops, Monday to Saturday, both days
inclusive 10.00 pm.
(f) In
newsagencies, Monday to Sunday, both days inclusive - 9.00 pm.
(g) In book shops,
Monday to Sunday, both days inclusive - 9.00 pm.
(h) In video shops,
Monday to Sunday, both days inclusive - midnight.
(i) In
fruit and vegetable shops, Monday to Sunday, both days inclusive - 9.00 pm.
(j) In
confectionery and refreshment shops, Monday to Sunday, both days inclusive -
11.30 pm.
(k) Audio Shops -
Monday to Sunday, both days inclusive - 9.00 pm. All employees employed prior to 25 October
1991 will continue to be employed and paid in accordance with general shops
award conditions.
(iv) Within the
commencing and ceasing times prescribed respectively in paragraphs (ii) and
(iii) of this subclause, employees shall be given a regular starting and
ceasing time for each day which shall not be changed except upon not less than
seven days' notice, unless by agreement with the employee or in the event of an
emergency.
(v) Every employer
shall, by legible notice, which shall bear the date when it is fixed, exhibit
and keep exhibited in a place accessible to the employees, the current starting
and finishing times for each employee for each day of the week and shall show
thereon any change in the commencing time and ceasing time of any employee and
the date on which the change was effected.
The employer shall retain superseded notices for 12
months.
The roster of hours shall, upon request, be produced
for inspection by any person authorised to inspect the same.
(vi) There
shall be not less than a ten-hour break between finishing work (including
overtime) on one day or shift and the commencement of work on the next day or
shift.
(vii) When
establishing a roster or changing a roster, the employer will have regard for
the family responsibilities of the employee.
In having regard for the family responsibilities, it is
accepted that the existence of such responsibilities does not in itself prevent
an employer changing an employee’s roster where necessary.
(viii) Full-time and
part-time employees shall be provided with a regular roster which shall not be
subject to frequent variations unless by mutual agreement.
(IV) 38-Hour Week
Special and Confection Shops - Method of Implementation - Method of
implementation of the 38-hour week is at the employer's discretion, except
where the special/confection shop is under the same roof as a company general
shop, then the same method of implementation that
operates in the general shop would operate in the special/confection shop.
11. Shift Work (Night
Fill) - General Shops
Application: This clause shall apply only to night fill
operations performed in a shop.
(a) Full-time
Employees -
(i) Notwithstanding
any other provision for ordinary hours within the award, an employee may be
engaged to work on any five days, Monday to Saturday, afternoon or night
shifts, providing they are paid the following additional allowances:
(a) Monday to
Friday -
(1) Afternoon shift
- finishing after 6.00 pm and at or before midnight - 17.5 per cent.
(2) Night shift -
finishing after midnight and at or before 8.00 am - 30 per cent.
(b) Saturday -
Shifts as defined in subparagraph (a) of this paragraph, finishing after
midnight on a Friday and at or before midnight on a Saturday - 50 per cent.
(c) Sunday - Night
shift finishing after midnight Saturday and at or before 8.00 am on a Sunday -
100 per cent.
The shift loading payable for the entire shift shall be
determined by the time at which the shift finishes.
Provided further that the above shift provisions do not
apply to an employee engaged on either of the late shopping nights (Thursday or
Friday) finishing at or before 9.00 pm.
(ii) Junior shift
workers shall receive the following percentages of the appropriate adult rate
prescribed in subclause (c) of clause 38, Wages:
(a) At 18 years of
age and under - 70 per cent.
(b) At 19 years of
age - 80 per cent.
(c) At 20 years of
age - 90 per cent.
Plus the appropriate additional
allowance as prescribed in paragraph (i) of subclause
(a) of this clause.
(b) Part-time
Employees -
(i) Ordinary hours of work, exclusive of
meal times, shall not be less than three hours work per shift nor less than 16
hours per week nor more than 30 hours work per week.
All time between the actual commencing time and the
actual ceasing time on any one day shall count and shall be paid for as time
worked.
(ii) Starting and
finishing times of an employee on a given shift may be changed, provided the
employee can be contacted prior to arriving at work.
(iii) Nights
on which an employee is rostered to work shall not be altered except upon not
less than seven days' notice prior to the commencement of the employee's roster
cycle.
(iv) Each
part-time employee shall receive a guaranteed minimum number of hours of work
each week.
(v) The performance
of work on any night which is additional to those nights contained in an
employee's particular roster week shall be at the option of the employee.
Where an employee agrees to work an additional night or
nights, then the employee shall be paid at ordinary time for the additional
night or nights (provided the employee is informed of this prior to agreeing to
work), unless the work performed is in excess of eight hours on any shift or in
excess of 30 hours in any week or in excess of five starts for the week.
(vi) The
provisions contained under this subclause shall apply only to part-time
employees working afternoon shift and/or night shift.
In the case of an employee working day shift plus
afternoon and/or night shift in a single week, the provisions of this subclause
shall only apply in respect to any afternoon and/or night shift.
(vii) The provisions
of subclause (a), Full-time Employees, of this clause shall apply to part-time
employees.
NOTATION: The above provisions are intended to cover
the special features of night-fill work and will not be used as a precedent to
achieve similar flexibility for day work.
(c) Casual
Employees -
(i) Casual
employees shall be paid an hourly rate equal to the appropriate weekly rate
divided by 38, plus 15 per cent, and the appropriate additional allowance as
prescribed in paragraph (i) of subclause (a) of this
clause, calculated to the nearest half cent, with a minimum payment on any shift
of three hours.
Provided that for junior casual employees such hourly
rate shall be determined by reference to the percentages prescribed in
paragraph (ii) of subclause (a) of this clause.
(ii) Casual
employees may only be employed after the prescribed ceasing time pursuant to
paragraph (iii) of subclause (I) General Shops-Hours, of clause 10, Hours,
except on the late shopping nights (Thursday and Friday) or any substitute late
shopping night(s) when the employee may be engaged not prior to 8.00 pm on such
a night.
(d) Overtime - An
employee engaged on shift work shall be paid overtime at the rate of time and a
half for the first two hours and double time thereafter for all work:
(i) in excess of 38 hours per week;
(ii) in excess of an average of 38 hours per week;
(iii) in excess of five days in any week;
(iv) in excess of eight hours on any shift;
(v) in excess of 30 hours per week in the case of part-time
employees.
(vi) Before an
employee's regular commencing time on any one day and/or after an employee's
regular ceasing time on any one day, except in the case of part-time employees whose commencing and/or ceasing time has been varied within
the terms of paragraph (ii) of subclause (b), Part-time Employees, of this
clause.
(vii) Any portion of
an hour less than 30 minutes shall be reckoned as 30 minutes, and any portion
of an hour over 30 minutes shall be reckoned as one hour.
(e) Crib Breaks and
Rest Pauses -
(i) An
employee engaged on shift work shall be provided with a crib break of not less
than 20 minutes where that employee works more than five hours. Such crib break shall be taken between the
fourth and sixth hour of work and shall be counted and paid for as time worked.
(ii) An employee
who works seven hours or more on any day shall be allowed both a crib break and
one paid rest pause of ten minutes.
Provided that where such crib break commences on or before the middle of
a shift, then the rest pause shall be taken after the crib break and where the
crib break commences after the middle of a shift, then the rest pause shall be
taken before the crib break.
(iii) An employee who
works for five hours or less but more than four hours on any shift shall be
allowed a paid rest pause of ten minutes.
(iv) No
rest pause shall be given or taken within one hour of the employee's commencing
or ceasing time or within one hour before or after any crib break.
(f) Exemptions -
The general provisions of this award shall apply to shift workers with the
following exemptions: clause 4 Part-time Employees, clause 5 Casual Employees -
All Shops, clause 14 Weekend and Late Night Penalty Rates and Loadings, clause
15 Overtime, clause 16 Meal Times and Rest Pauses, and subclause (2) Junior
Employees of Table 1, Wages.
12. Special Provisions
for Substituted Late Shopping Night (General Shops)
(i) Where
a public holiday falls on a Thursday and trading is not permitted, a
substituted late night shall apply automatically on the preceding Tuesday.
(ii) Where a public
holiday falls on a Friday and trading is not permitted, a substituted late
night shall apply automatically on the preceding Wednesday.
(iii) During any week
in which a Thursday and/or Friday is substituted for another specified day in
accordance with subclause (i) and/or (ii) of this
clause, then such specified day shall be deemed to be a Thursday and/or Friday,
and Thursday and/or Friday shall be deemed to be the specified day for all
purposes of this award except as to clause 17, Holidays.
(iv) Provided that
where a public holiday pursuant to the said clause 17 falls on a Thursday
and/or Friday and Thursday and/or Friday is deemed to be another day, employees
shall not receive less time off than they might otherwise have received had the
substitution not been made.
13. Savings Clause
(A) General Shops -
(i) Notwithstanding
anything otherwise contained in this award, full-time and part-time employees
employed in the industry prior to 23 July 1984 shall not be required to work
their ordinary hours of work after 12.00 noon on Saturdays nor be required to
work their ordinary hours of work past 6.00 pm on any night of the week, Monday
to Friday, other than Thursday night (Friday night in the Shire of Gosford and
the Shire of Wyong).
(ii) Provided that
by mutual agreement an employer and an employee employed in the industry prior
to 23 July 1984 may agree to observe different provisions, such provisions to
be otherwise consistent with this award.
(iii) Provided
further that persons who were employed as full-time or
part-time employees of:
Fosseys (Australia) Pty
Limited;
Katies Fashions Pty Limited;
Woolworths Variety Division;
employed as at 22 April 1988 under the Shop Employees'
(Major General Shops) (State) Interim Award published 3 February 1988 (247 I.G.
450) shall not by reason only of the making of this award, while their service
with that employer remains continuous, suffer a reduction in any items in the
award that affect wages payable to them under that award.
(iv) The
following provisions shall apply in general shops which may lawfully trade on a
Sunday:
(a) All work on
Sundays within ordinary hours of work shall be voluntary for all employees
(including casuals) employed in that shop at 25 October 1991.
(b) Where a shop
gains the right to trade lawfully on a Sunday after 25 October 1991 all work on
Sundays within ordinary hours of work shall be voluntary for all employees
(including casuals) employed in that shop at the date that the Sunday trading
becomes lawful.
(B) Special and
Confection Shops - Persons employed in fruit and vegetable shops as at 25 May
2000 shall not be required to commence these ordinary hours prior to 7.00 am.
14. Weekend and Late
Night Penalty Rates and Loadings
(a) Saturday -
(i) All
ordinary hours worked by full-time and part-time employees on Saturday shall be
paid for at the rate of time and one-quarter.
All employees engaged by their employer on or prior to
25 August 1989 shall continue to be paid for Saturday afternoon work in
ordinary time at the employee's penalty rate applicable at that time. No employee shall be disadvantaged by this
variation to the award.
(ii) General Shops
- Casual employees working on a Saturday shall receive the amounts set out in
Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, by
way of a fixed loading in addition to the day's pay.
(iii) Special and
Confection Shops - Casual employees working on a Saturday shall receive the
amounts set out in the said Item 5 by way of a fixed loading in addition to the
day's pay.
(b) Sunday -
(i) All
ordinary hours worked by employees on a Sunday in a shop that may lawfully
trade shall be paid at the rate of time and one-half.
(c) Late Night
Trading -
(i) General
Shops Only - All ordinary hours worked by full-time and part-time employees
after 6.00 pm on Thursday and Friday shall be paid for at the rate of time and
one-quarter.
(ii) Confection
Shops Only - Finishing after 10.00 pm - Any employee continuing ordinary hours
of work after 10.00 pm on any night shall be paid an additional amount set out
in Item 6 of Table 2 for such night.
(d) The provisions
of section 52 of the Industrial Relations
Act 1996 are hereby expressly excluded in respect of the fixed loading
additions referred to in this clause.
(e) The penalties
and loadings prescribed in this clause shall not be taken into consideration in
calculating any payment for overtime or public holidays, or for any period of
sick leave.
15. Overtime
The rate of overtime shall be time and one-half for the
first two hours on any one day and at the rate of double time thereafter,
except on a Sunday which shall be paid for at the rate of double time.
(i) An
employee shall be paid overtime for all work as follows:
(a) In
excess of:
(1) 38 hours per
week; or
an average of 38 hours per
week in accordance with clause 10, Hours;
(2) five days per
week (or six days or four days pursuant to subparagraph (d) of paragraph (i) of subclause (II) and paragraph (i)
of subclause (III) of the said clause 10);
nine hours on any one day, provided that on one day per
week up to 11 hours may be worked without the payment of overtime; by
mutual agreement, additional days of up
to 11 ordinary hours may be worked without the payment of overtime;
in general shops 30 hours per
week for a part-time employee, where that work is not done on a regular basis.
(b) before an employee's regular commencing time on any one day;
(c) after the prescribed ceasing time on any one day;
(d) outside the ordinary hours of work.
(e) In general
shops full-time employees who work on their rostered day off or part-time
employees who work on any day on which they would not normally work shall be
paid overtime with a minimum payment of four hours at the appropriate overtime
rate.
(f) As prescribed
by paragraphs (iii) and (iv), of subclause (I), of
clause 10, Hours.
(ii) Where an
employee works overtime on a Sunday and that work is not immediately preceding
or immediately following ordinary hours, then that employee must be paid double
time, with a minimum payment of four hours at such rate.
(iii) Any portion of
an hour less than 30 minutes shall be reckoned as 30 minutes and any portion of
an hour over 30 minutes shall be reckoned as one hour, except where an employee
is required to work after closing time to attend to customers then in the shop,
or in connection with closing the shop, including the checking of cash
received, when the time actually worked shall count.
(iv) By
mutual agreement the rate for overtime may be time off in lieu of overtime,
provided that:
(a) Time off shall
be calculated at the penalty equivalent.
(b) The employee is
entitled to a fresh choice of payment or time off on each
occasion overtime is worked.
(c) Time off must
be taken within one calendar month of the working of the overtime, or it shall
be paid out.
(v) Subject to
clause (v)(a) an employer may require an employee to
work reasonable overtime at overtime rates, or as otherwise provided for by
this Award.
(a) An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(b) For the
purposes of clause (v)(a) what is unreasonable or
otherwise will be determined having regard to:
(i) any risk to employee health and safety;
(ii) the employee’s personal circumstances including any family
and carer responsibilities;
(iii) the needs of the workplace or enterprise;
(iv) the notice (if any) given by the employer of the overtime
and by the employee of his or her intention to refuse it; and
(v) any other relevant matter.
16. Meal Times and
Rest Pauses
(i) When
and where it can be conveniently arranged by the employer, an employee who
works more than four ordinary hours on any day shall be allowed a rest pause of
ten minutes.
(ii) A rest pause
shall be counted and paid for as time worked.
No rest pause shall be given or taken within one hour of the employee's
commencing or ceasing time or within one hour before or after any meal break.
(iii) In general
shops an employee who works more than five hours on any day must be allowed
both a rest pause of ten minutes and a meal break of one hour (45 minutes in
any establishment in which a clean, well ventilated room, adequate table and
seating accommodation and sufficient crockery, cutlery and hot water are
provided for the employee), provided that where agreement exists between the
employee and the employer, a meal break of 30 minutes may apply.
In special and confection shops the meal break will be
not less than 30 minutes nor more than one hour, the duration of which will be decided
by the employer having regard to the needs of the business.
(iv) A
meal break shall be given and taken so that no employee shall work more than
five consecutive hours without a meal break.
(v) Meal breaks are
not counted and not paid for as time worked.
(vi) An employee who
works nine hours or more on any day shall be allowed two rest
pauses (each of ten minutes duration) if only one meal break is taken; or one
rest pause of ten minutes if two meal breaks are taken.
Provided that where two rest pauses and one meal break
are taken, then one rest pause shall be taken before the meal break and one
rest pause shall be taken after the meal break.
Provided further that where two meal
breaks and one rest pause are taken during any shift, then the rest pause shall
be taken during the longest unbroken part of such shift.
(vii) Confection Shops
- An employee commencing before 7.00 am in circumstances not covered by
paragraph (ii) of subclause (III) of clause 10, Hours, shall be allowed not
less than 30 minutes nor more than one hour off for breakfast before 9.00
am. If, through distance of residence,
the employee cannot return home for breakfast, the employee shall be paid the
sum set out in subclause (ii) of clause 6, Meal Allowances, for breakfast each morning
the employee starts work before 7.00 am.
(viii) Special and
Confection Shops - Subject to the provisions contained in this clause, the
actual period of the meal break shall be determined by the employer but shall
be subject to discussions and, where practicable, agreement with the union
concerned in respect of any individual shop where it is alleged arrangements
adopted as to the duration or time of a meal break are contrary to the wishes
of the majority of employees or operate unfairly or to the disadvantage of
employees.
17. Holidays
(A) Public Holidays
-
(i) Subject
to subclause (B), work done on any of the holidays prescribed in paragraph (ii)
of this subclause shall be paid for at the rate of double time and one-half,
with a minimum payment of three hours.
(ii)
(a) The days observed
as New Year's Day, Australia
Day , Good Friday, Easter Saturday, Easter Sunday, Easter Monday,
Anzac Day, Queen's Birthday, Labour Day, the first Tuesday in November,
Christmas Day, Boxing Day and all days proclaimed as public holidays for the
State shall be holidays; provided that any day proclaimed as a holiday for the
State for a special purpose but observed throughout the State on different days
also shall be a holiday.
(b) For all
holidays not including the first Tuesday in November:
Every full-time or part-time employee allowed a holiday
specified herein shall be deemed to have worked in the week in which the
holiday falls the number of ordinary working hours that he/she would have
worked had the day not been a holiday.
Provided that any full-time or part-time employee whose
roster is changed with the intent of avoiding or reducing payment due or the
benefit applicable under this clause and who would, but for the change of
roster, have been entitled otherwise to a payment or benefit for a public
holiday or holidays shall be paid for such holiday or holidays as if his/her
roster had not been changed.
Provided further that where a full-time or part-time
employee working an average of five days per week is rostered so that he/she
does not work his/her ordinary hours on the same days each week and the
employee's rostered day off falls on a day prescribed as a holiday in
subparagraph (a) of this paragraph, the employee shall be paid by mutual
agreement between the employer and the employee in one of the following
methods:
(1) payment of an additional day's wages;
(2) addition of one day to the employee's annual holidays;
(3) another day may be allowed off with pay to the employee
within 28 days after the holiday falls, or during the week prior to the
holiday.
For the purposes of this paragraph, "day"
means the average number of hours in the employee's normal roster cycle worked
by the employee prior to the day on which the public holiday falls.
(iii) A full-time or
part-time employee absent without leave on their last working day before or
their first working day after any award holiday shall be liable to forfeit
wages for the day of absence as well as for the holiday, except where an
employer is satisfied that the employee's absence was caused through illness,
in which case wages shall not be forfeited for the holiday; provided that an
employee absent on one day only either before or after a group of holidays
shall forfeit wages only for one holiday as well as for the period of absence.
(B) The first
Tuesday in November - Full-time and part-time employees rostered to work shall
be entitled to a holiday without loss of pay on the first Tuesday of November
in any year.
Work on the first Tuesday in November shall not be paid
at the rate of double time and a half, but shall be paid as follows:
Where the establishment of an employer remains open and
a full-time or part-time employee volunteers to work on the first Tuesday in
November, such employee shall then be given another day off without loss of
pay. Such alternative day shall be given
and taken not later than 28 days after the nominated day on a day mutually
agreed between the employer and the employee.
Provided that in no circumstances shall an employee forfeit
entitlement to the additional holiday and should such extenuating circumstances
arise where the day is not taken as described above, it must be given and taken
on a day without loss of pay added to the employee’s next period of annual
leave.
Provided further that where an employee's employment
terminates prior to the taking of such alternative day, the employee shall
receive an additional day's pay on termination.
Provided further that employees on
annual leave or long service leave on the day referred to in this subclause
shall have an additional day added to their next period of annual leave.
18. Sick Leave
(i) This
clause only applies to full-time and part-time employees.
(ii) An employee
who, subject to subclause (iii) of this clause, is unable to attend for duty
during ordinary working hours by reason of personal illness or personal
incapacity not due to his/her own serious and wilful misconduct, shall be
entitled to be paid at ordinary-time rates of pay for the time of such
non-attendance, subject to the following:
(a) An employee
shall not be entitled to paid leave of absence for any
period in respect of which he/she is entitled to workers' compensation.
(b) A full-time
employee shall not be entitled during his/her first year of continued
employment with an employer to sick pay for more than 38 hours and during the
second or subsequent years of continued employment with an employer to sick pay
for more than 61 hours. Part-time employees have a pro rata entitlement to sick
leave based on the number of hours worked in the week in comparison to 38
hours.
Any period of paid sick leave allowed by the employer
to an employee in any year of continued employment shall be deducted from the
period of sick leave which may be allowed or may be carried forward under this
award in or in respect of such year.
(c) The rights
under this clause shall accumulate from year to year so long as employment
continues with the employer whether under this or any other award so that any
part of the entitlement prescribed in paragraph (b) of this subclause which has
not been allowed in any year may be claimed by the employee and shall be
allowed by the employer, subject to the conditions prescribed by this clause,
in a subsequent year of such continued employment. Provided that in any year
an employee shall not be entitled to take more than 380 hours accumulated sick
leave.
(iii) The payment for
any absence on sick leave in accordance with this clause during the first three
months of employment of an employee may be withheld by the employer until the
employee completes such three months of employment, at which time the payments
shall be made.
(iv) The
granting of sick leave shall be subject to the following conditions and
limitations:
(a) The employee
shall, within 24 hours of the commencement of such absence, inform the employer
of his/her inability to attend for duty and, as far as possible, state the
nature of the illness or injury and the estimated duration of the absence.
(b) The employee
shall furnish to the employer such evidence as the employer reasonably may
desire that he/she was unable by reason of such illness or injury to attend for
duty on the day or days for which sick leave is claimed.
(c) For the
purposes of this clause as it relates to part-time employees, "day"
shall mean the number of hours the employee would have worked on the day on
which he/she was absent, had he/she not been sick.
(v) For the purpose
of this clause, continuous service shall be deemed not to have been broken by:
(a) any absence from work on leave granted by the employer; or
(b) any absence from work by reason of personal illness, injury
or other reasonable cause, proof whereof shall, in each case, be upon the
employee.
(vi) Service
before the date of coming into force of this clause shall be counted as service
for the purpose of qualifying thereunder.
(vii) For the purpose
of this clause, the word "year" shall mean a period of 12 months
commencing on the day on which the employment commenced.
(viii) For the purpose
of sick leave accumulated for years prior to June 1988 (1984 for general shops)
the term 'day' shall mean a period of eight hours or pro rata for part-time
employees.
19. Blood Donor Leave
A full-time or part-time employee who is absent during
ordinary working hours for the purpose of donating blood shall not suffer any
deduction of pay up to a maximum of two hours on each occasion and subject to a
maximum of four separate absences for the purpose of donating blood each
calendar year.
Provided further that such employee shall
arrange for his/her absence to be on a day suitable to the employer and be as
close as possible to the beginning or ending of the ordinary working hours.
Proof of the attendance of the employee at a recognised
place for the purpose of donating blood, and the duration of such attendance,
shall first be furnished to the satisfaction of the employer.
Further, the employee shall notify the employer as soon as
possible of the time and date upon which the employee is requesting to be
absent for the purpose of donating blood.
20. Bereavement Leave
(1) An employee,
other than a casual employee, shall be entitled to up to three days bereavement
leave without deduction of pay on each occasion of the death of a person as
prescribed in subclause (3) of this clause. Where the death of a relative named
herein occurs outside Australia and the employee does not attend the funeral,
he/she shall be entitled to one day only, unless he/she can demonstrate to
his/her employer that additional time up to a period of three days is
justified.
(2) The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death, together with proof of attendance
in the case of a funeral outside of Australia.
(3) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (ii) of paragraph (c) of subclause (1) of clause 21, Personal/
Carer’s Leave, provided that, for the purpose of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
(4) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(5) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said clause 21. In determining such a request
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the business.
21. Personal/Carer's
Leave
(1) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for at Clause 18, Sick
Leave, of the award, for absences to provide care and support for such persons
when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single
day.
(b) The employee
shall, if required,
(i) establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person, or
(ii) establish by production of documentation acceptable to the
employer or a statutory declaration, the nature of the emergency and that such
emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person."
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(i) the employee being responsible for the care of the person
concerned; and
(ii) the person concerned being:
(a) a spouse of the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an adult child (including an adopted child, a
step child, a foster child or an ex nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the employee
or spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same
household, where for the purposes of this subparagraph:
1. "relative" means a person related by blood, marriage or
affinity;
2. "affinity" means a relationship that one spouse because
of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same
domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
Notation:
In the unlikely event that more than 10 days sick leave
in any year is to be used for caring purposes, the employer and employee shall
discuss appropriate arrangements which, as far as practicable, take account of
the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at Clause 31 Dispute Settlement Procedures should be
followed.
(2) Unpaid Leave
for Family Purpose -
(a) An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in subparagraph (ii)
of paragraph (c) of subclause (1) above who is ill or who requires care due to
an unexpected emergency.
(3) Annual Leave -
(a) An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
(d) An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
(4) Time Off in
Lieu of Payment for Overtime -
(a) For the purpose
only of providing care and support for a person in accordance with subclause
(1) of this clause, and despite the provisions of subclause (iv)
of clause 15 Overtime, the following provisions shall apply.
(b) An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
(c) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make-up Time -
(a) An employee may
elect, with the consent of the employer, to work 'make-up time', under which
the employee takes time off ordinary hours, and works those hours at a later
time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work 'make-up time'
(under which the employee takes time off ordinary hours and works those hours
at a later time), at the shift work rate which would have been applicable to
the hours taken off.
(6) Rostered Days
Off -
(a) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
21A.
Parental Leave
(1) Refer to the Industrial Relations Act 1996
(NSW). The following provisions also
apply in addition to those set out in the Industrial
Relations Act 1996 (NSW)
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee or employee's spouse is pregnant; or
(b) the employee is or has been immediately absent on parental
leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the period of simultaneous unpaid parental leave
use up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental leave for a further
continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave on a part-time
basis until the child reaches school age;
to assist the employee in
reconciling work and parental responsibilities.
(b) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(c) Employee’s
request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in
writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an opportunity for the employee to discuss any
significant effect the change will have on the status or responsibility level
of the position the employee held before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a).
22. Jury Service
A full-time or part-time employee shall be allowed leave of
absence during any period when required to attend for jury service.
During such leave of absence, an employee shall be paid the
difference between the jury service fees received and the employee's award rate
of pay as if working.
An employee shall be required to produce to the employer
proof of jury service fees received and proof of requirement to attend and
attendance on jury service and shall give the employer notice of such
requirement as soon as practicable after receiving notification to attend for
jury service.
23. Annual Holiday
Loading
(i) In
this clause the Annual Holidays Act
1944 is referred to as "the Act".
(ii) Before an
employee is given and takes their annual holiday or, where by agreement between
the employer and employee the annual holiday is given and taken in more than
one separate period, then before each of such separate periods the employer
shall pay the employee a loading determined in accordance with this clause.
(NOTE: The obligation to pay in advance does not apply where an employee takes
an annual holiday wholly or partly in advance - see subclause (vi).)
(iii) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act.
(iv) The
loading is to be calculated in relation to any period of annual holiday under
the Act (but excluding days added to compensate for public or special holidays
falling on an employee's rostered day off not worked) or, where such a holiday
is given and taken in separate periods, then in relation to each such separate
period. (NOTE: See subclause (vi) as to holidays taken
wholly or partly in advance.)
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) at the rate per week of 17.5 per cent of the
appropriate ordinary weekly time rate of pay prescribed by Part B, Monetary
Rates, or the appropriate junior percentage rate of this award, for the
classification in which the employee was classified when the loading is
paid. Such wage shall also include
payments under subclauses (i) and (ii) of clause 35
Allowances and/or Additional Rates, where applicable, but shall not include
other allowances, penalty rates, overtime rates or any other payments
prescribed by this award.
(vi) No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when he/she would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such holiday and is to
be calculated in accordance with subclause (v) of this clause, applying the
rates of wages payable on that day.
(vii) Where, in
accordance with the Act, an employer's establishment or part of it is
temporarily closed down for the purpose of giving an annual holiday or leave
without pay to the employees concerned -
(a) An employee who
is entitled under the Act to an annual holiday and who is given and takes such
a holiday shall be paid the loading calculated in accordance with subclause (v)
of this clause.
(b) An employee who
is not entitled under the Act to an annual holiday and who is given and takes
leave without pay shall be paid in addition to the amount payable to him/her
under the Act such proportion of the loading that would have been payable to
him/her under this clause if he/she had become entitled to an annual holiday
prior to the closedown as his/her qualifying period of employment in completed
weeks bears to 52.
(viii)
(a) When the
employment of an employee is terminated by the employer for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which he/she has become
entitled after 1 February 1974, he/she shall be paid a loading calculated in
accordance with subclause (v) for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee's employment.
(ix) This clause
extends to an employee who is given and takes an annual holiday and who would
have worked as a shift worker if he/she had not been on holiday; provided that,
if the amount to which the employee would have been entitled by way of shift
work allowances and weekend penalty rates for the ordinary time (not including
time on a public or special holiday) which the employee would have worked
during the period of the holiday exceeds the loading calculated in accordance
with this clause, then that amount shall be paid to the employee in lieu of the
loading.
24. Travelling Time,
Expenses, Allowances, etc.
(i) If
an employee is required by the employer to temporarily transfer from one branch
to another the employee shall be allowed any extra cost of travelling and shall
be paid at ordinary rates for any excess time occupied in travelling.
(ii)
(a) A window
dresser employed by an employer who contracts to dress windows for retail shops
shall, at the direction of the employer, present themselves for work at the job
at their usual time of starting work.
(b) The employee
shall be paid for all time spent in excess of the time usually spent by
themselves in travelling to or from their home to the employer's business
premises at their ordinary rate of pay, except on a Sunday or a public holiday,
when payment shall be at the rate of time and one-half.
(c) The employee
also shall be paid any extra cost of travelling and shall be provided with
first-class hotel accommodation at the employer's expense and where rail
travelling necessarily is involved first-class rail ticket and sleeping car
accommodation, where available, shall be provided.
(iii) Where an
employee is required to work after the ordinary ceasing time prescribed by this
award until it is too late to travel by train, omnibus, vessel, or other
regular conveyance to his or her usual place of residence, the employer shall
provide either proper conveyance or the fare for such conveyance to the
employee's usual place of residence.
25. Uniforms,
Protective Clothing
(i) In
any shop where an employee wears a uniform, cap, coat, overall or other uniform
dress the same shall be provided by the employer and shall be laundered by the
employer at the employer's expense.
Provided that where, by mutual agreement, the laundering is done by the
employee or the employer having refused, neglected or failed to launder the
articles and laundering is done by the employee, the employee shall be paid the
allowances set out in Item 7 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates.
(ii) Suitable
protective clothing shall be provided, upon request, to employees who are to
load or unload trucks or customers' vehicles.
26. Facilities
(i) First-aid
Outfit - See Occupational Health and Safety Regulation 2001.
(ii) Lockers - Where
practicable, an employer shall provide locker accommodation for each
employee. Lockers, where provided, shall
be maintained in good working order. Any dispute as to the practicability of
providing the locker accommodation may be referred by the employer or the union
to the Industrial Relations Commission of New South Wales.
(iii) Dining
Accommodation - Where practicable, an employer shall provide a room containing
adequate seating accommodation with a sufficient supply of hot water to allow
employees to partake of meals during their lunch hour.
Any dispute as to the practicability of providing such
a room may be referred by the employer or the union to the Industrial Relations
Commission of New South Wales.
(iv) Notice Board -
An employer shall permit the erection, in a prominent position to be decided by
the employer, on the premises of a notice board of reasonable dimensions or a
number of such notice boards reasonable in the circumstances, upon which an
accredited representative of an industrial union of employees bound by this
award shall be permitted to post formal union notices signed by the Secretary
of the union concerned. Provided that such notices shall be referred to the employer before
being posted on the notice board.
Any notice posted on a board not so signed or not referred to the
employer may be removed by an accredited representative of the union concerned
or by the employer.
27. Renovations in
Retail Shops
(i) As
soon as practicable after a decision has been made to undertake the renovations
of premises, the employer shall notify the following:
the workplace occupational
health and safety committee;
the employees affected;
the appropriate union.
(ii) The employer
shall take appropriate measures to minimise and, where possible, eliminate any
disabilities caused by the renovations.
(iii) Where an issue
or disagreement arises regarding the renovations, such issue or disagreement
shall be resolved by taking the matter through the following procedures until
it is settled: -
(a) discussions between the union and the Company;
(b) discussions between the union and The Australian Retailers
Association - New South Wales;
(c) referral of the matter to the Industrial Registrar and/or to
SafeWork NSW.
28. Notations
(i) Annual
Holidays - See Annual Holidays Act
1944. Provided that a full-time employee
shall be entitled to not less than a total period of annual leave equivalent to
152 ordinary hours of work and pro rata thereof in the case of part-time
employees.
(ii) Long Service
Leave - See Long Service Leave Act
1955.
(iii) Manual handling
procedures will be consistent with the Occupational Health and Safety
Regulation 2001.
(iv) Right
of Entry - See Chapter 5 - Part 7 of the Industrial
Relations Act 1996.
29. Exemptions
(i) Members
of The Australian Retailers Association of New South Wales and the R.H.I. Stall
Holders' Association shall be exempt from clause 36 Agricultural, Pastoral or
Horticultural Societies' Shows, etc., during such time as the members observe
the provisions of Industrial Agreement No. 8712, or any other agreement which
rescinds or replaces the said agreement, made between the said Associations and
the Shop, Distributive and Allied Employees' Association, New South Wales and
the Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle
and Northern, New South Wales, filed with the Industrial Registrar on 25 March
1992.
(ii) Leave is
reserved to the parties to apply to have the exemption varied or removed in its
present terms from this award.
(a) Members of the
Timber Trade Industrial Association shall be exempt from observing the
provisions of subclause (B), Picnic Day, of clause 17, Holidays, and in lieu
thereof shall observe the additional holiday provisions for New South Wales in
paragraph (a) of subclause (ii) of clause 17, Holidays, of the Federal Timber
Industry Award in force from time to time.
(b) This award
shall not apply to employees covered by the Ski Industry (State) Award
published 12 March 1993 (273 I.G. 972), as varied, performing duties within the
confines of the Kosciusko National Park
30. Cleaning Duties
(i) It
shall be part of employees' duties to perform cleaning functions incidental to
their work. Without limiting the
generality of the foregoing, the dusting of shelves and of stock, the sweeping
up of string and wrapping around counters, the cleaning of implements and fixtures
used in the work, and the cleaning (including vacuum cleaning) of the immediate
work area, shall be so included.
(ii) An employee
shall not be required to wet wash floors, clean lavatories, sweep pavements or
clean the exteriors of windows other than for the removal of occasional
defacements.
(iii) An employee
shall not be required to carry out systematic cleaning duties which go beyond
the incidental functions as outlined in subclause (i)
of this clause.
31. Dispute Settlement
Procedures
The procedure for the resolution of grievances and
industrial disputation concerning matters arising under this award shall be in
accordance with the following procedural steps:
(i) Procedure
relating to a grievance of an individual employee:
(a) The employee shall
notify the employer (in writing or otherwise) as to the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
(b) The grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
(ii) Procedure for a
dispute between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
31a.
Deduction of Union Membership Fees
(i) The
employer shall deduct Union membership fees (not including fines or levies)
from the pay of any employee, provided that:
(a) the employee has authorised the employer to make such
deductions in accordance with subclause (ii) herein;
(b) the Union shall advise the employer of the amount to be deducted
for each pay period applying at the employer's workplace and any changes to
that amount;
(c) deduction of union membership fees shall only occur in each
pay period in which payment has or is to be made to an employee; and
(d) there shall be no requirement to make deductions for casual
employees with less than two months' service (continuous or otherwise).
(ii) The employee's
authorisation shall be in writing and shall authorise the deduction of an
amount of Union fees (including any variation in that fee effected
in accordance with the Union rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee's consent
to do so. Such consent may form part of
the written authorisation.
(iii) Monies so
deducted from employees' pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
(a) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the employer has elected to remit on a monthly or
quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of
the monies deducted.
(iv) Where an
employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(v) The Union shall
advise the employer of any change to the amount of membership fees made under
its rules, provided that this does not occur more than once in any calendar
year. Such advice shall be in the form
of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly, or quarterly as the case may be. The Union shall give the employer a minimum
of two months' notice of any such change.
(vi) An
employee may at any time revoke in writing an authorisation to the employer to
make payroll deductions of Union membership fees.
(vii) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of union membership fees to cease.
32.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(2) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(3) Under the Anti-Discrimination Act 1977 it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in this
clause is to be taken to affect:
(a) Any conduct or
act which is specifically exempted from anti-discrimination legislation.
(b) Offering or
providing junior rates of pay to persons under 21
years of age.
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977.
(d) A party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects ...... any other act
or practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion.
33. Redundancy
(1) Application -
(i) This
clause shall apply in respect of full-time and part-time employees
(ii) This clause
shall apply in respect of employers who employ 15 employees or more immediately
prior to the termination of employment of employees, in the terms of subclause
3, Termination of Employment.
(iii) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year's continuous service, and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(iv) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(2) Introduction of
Change -
(i) Employer's
duty to notify:
(a) Where an
employer has made a definite decision to introduce major changes in production,
program, Organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where the award specified in subclause 1,
Application, makes provision for alteration of any of the matters referred to
herein, an alteration shall be deemed not to have significant effect.
(ii) Employer's duty
to discuss change:
(a) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (i) of this subclause, the effects the changes are likely to
have on employees and measures to avert or mitigate the adverse effects of such
changes on employees, and shall give prompt consideration to matters raised by
the employees and/or the union in relation to the changes.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in the said paragraph (i).
(c) For the purpose
of such discussion, the employer shall provide to the employees concerned and
the union to which they belong all relevant information about the changes,
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees, provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
(iii) Discussions
before terminations:
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subparagraph
(a) of paragraph (i) of subclause 2, Introduction of
Change, and that decision may lead to the termination of employment, the
employer shall hold discussions with the employees directly affected and with
the union to which they belong.
(b) The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subparagraph (a) of this
subclause and shall cover, inter alia, any reason for the proposed terminations,
measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of any termination on the employees concerned.
(c) For the purpose
of the discussion the employer shall, as soon as practicable, provide to the
employees concerned and the union to which they belong all relevant information
about the proposed terminations, including the reasons for the proposed
terminations, the number and categories of employees likely to be affected, and
the number of employees normally employed and the period over which the
terminations are likely to be carried out.
Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(3) Termination of
Employment -
(i) Notice
for changes in Organisation or structure - This subclause sets out the notice
provisions to be applied to terminations by the employer for reasons arising
from Organisation or structure in accordance with subclause 2, Introduction of
Change:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of
continuous service
|
Period of notice
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice, with not less than two years' continuous service, shall be entitled
to an additional week's notice.
(c) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(ii) Notice for
technological change - This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from technology in
accordance with the said subclause 2.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee three months' notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(iii) Time off during
the notice period -
(a) During the
period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
(iv) Employee
leaving during the notice period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such
notice. Provided that
in such circumstances the employee shall not be entitled to payment in lieu of
notice.
(v) Statement of
employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee's employment and the classification
of or the type of work performed by the employee.
(vi) Notice to Centrelink or its successor - Where a decision has been
made to terminate employees, the employer shall notify Centrelink
thereof as soon as possible, giving relevant information, including the number
and categories of the employees likely to be affected and the period over which
the terminations are intended to be carried out.
(vii) Employment
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by Centrelink
or its successors.
(viii) Transfer to
lower paid duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (i), Employer's duty to
notify, of subclause 2, Introduction of Change, the employee shall be entitled
to the same period of notice of transfer as the employee would have been
entitled to if the employee's employment had been terminated, and the employer
may, at the employer's option, make payment in lieu thereof of an amount equal
to the difference between the former ordinary-time rate of pay and the new
ordinary-time rates for the number of weeks of notice still owing.
(4) Severance Pay -
(i) Where
an employee is to be terminated pursuant to subclause 3, Termination of
Employment, subject to further order of the Industrial Relations Commission of
New South Wales, the employer shall pay the employee the following severance
pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of service
|
Under 45 years of
age entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years of age or over, the entitlement shall be in accordance
with the following scale:
Years of service
|
Over 45 years of
age entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(ii) 'Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid in
accordance with the relevant clauses of this award.
(iii) Incapacity to
pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (i)
of this clause.
(iv) The
Commission shall have regard to such financial and other resources of the
employer concerned as the Commission thinks relevant, and the probable effect
paying the amount of severance pay in the said paragraph (i)
will have on the employer.
(v) Alternative
employment - Subject to an application by the employer and further order of the
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in paragraph (i) if the employer
obtains acceptable alternative employment for an employee.
(5) Savings Clause
- Nothing in this award shall be constructed so as to require the reduction or
alteration of more advantageous benefits or conditions which an employee may be
entitled to under any existing redundancy arrangement, taken as a whole,
between the Industrial Organisation of Employees and any employer bound by this
award.
34. Supported Wage
System for Workers With Disabilities
Employees Eligible for a Supported Wage -
(a) Definition -
This clause defines the conditions which will apply to employees who, because
of the effects of a disability, are eligible for a supported wage under the
terms of this award. In the context of
this clause, the following definitions will apply:
(i) 'Supported
Wage System' means the Commonwealth Government system to promote employment for
people who cannot work at full award wages because of a disability, as
documented in "Supported Wage System:
Guidelines and Assessment Process".
(ii) 'Accredited
Assessor' means a person accredited by the management unit established by the
Commonwealth under the Supported Wage System to perform assessments of an
individual's productive capacity within the Supported Wage System.
(iii) 'Disability
Support Pension' means the Commonwealth pension scheme to provide income
security for persons with a disability as provided under the Social Security
Act 1991, as amended from time to time or any successor to that scheme.
(iv) 'Assessment
Document' means the form provided for under the Supported Wage System that
records the assessment of the productive capacity of the person to be employed
under the Supported Wage System.
(b) Eligibility
Criteria - Employees covered by this clause will be those who are unable to
perform the range of duties to the competence level required within the class
of work for which the employee is engaged under this award, because of the
effects of a disability on their productive capacity, and who meet the
impairment criteria for receipt of a Disability Support Pension.
(This clause does not apply to any existing employee
who has a claim against the employer which is subject to the provisions of
workers' compensation legislation or any provision of this award relating to
the rehabilitation of employees who are injured in the course of their current
employment)
The award does not apply to employers in respect of
their facility, program, undertaking, service or the like which receives
funding under the Disability Services Act 1986 and fulfils the dual role of
service provider and sheltered employer to people with disabilities who are in
receipt of or are eligible for a disability support pension, except with
respect to an Organisation which has received recognition under section 10 or
section 12A of the said Act, or if a part only has received recognition, that
part.
(c) Supported Wage
Rates - Employees to whom this clause applies shall be paid the appropriate
percentage of the minimum rate of pay prescribed by this award for the class of
work which the person is performing, according to the following schedule:
Assessed capacity (subclause
(d))
|
Percentage of
prescribed award rate
|
|
|
10%*
|
10%
|
20%
|
20%
|
30%
|
30%
|
40%
|
40%
|
50%
|
50%
|
60%
|
60%
|
70%
|
70%
|
80%
|
80%
|
90%
|
90%
|
(Provided that the minimum amount payable shall be not
less than $71.00 per week.)
Where a person's assessed capacity is 10 per cent, they
shall receive a high degree of assistance and support
(d) Assessment of Capacity
- For the purpose of establishing the percentage of the award rate to be paid
to an employee under this award, the productive capacity of the employee will
be assessed in accordance with the Supported Wage System and documented in an
assessment instrument by either:
(i) the employer and a union party to the award, in consultation
with the employee or, if desired, by any of these;
(ii) the employer and an accredited Assessor from a panel agreed
by the parties to the award and the employee.
(e) Lodgement of
Assessment Document -
(i) All
assessment documents under the conditions of this clause, including the
appropriate percentage of the award wage to be paid to the employee, shall be
lodged by the employer with the Registrar of the Industrial Relations
Commission.
(ii) All assessment
documents shall be agreed and signed by the parties to the assessment, provided
that where a union which is party to the award is not a party to the
assessment, it shall be referred by the Registrar to the union by certified
mail and will take effect unless an objection is notified to the Registrar
within ten working days.
(f) Review of
Assessment - The assessment of the appropriate percentage should be subject to
annual review or earlier on the basis of a reasonable request for a
review. The process of review must be in
accordance with the procedures for assessing capacity under the Supported Wage
System.
(g) Other Terms and
Conditions of Employment - Where an assessment has been made, the appropriate
percentage will apply to the wage rate only.
Employees covered by the provisions of this clause will be entitled to
the same terms and conditions of employment as all other workers covered by
this award, paid on a pro rata basis.
(h) Workplace
Adjustment - An employer wishing to employ a person under the provisions of
this clause must take reasonable steps to make changes in the workplace to
enhance the employee's capacity to do the job. Changes may involve redesign of
job duties, working time arrangements and work Organisation in consultation
with other workers in the area.
(i) Trial
Period -
(i) In
order for an adequate assessment of the employee's capacity to be made, an
employer may employ a person under the provisions of this clause for a trial
period not exceeding 12 weeks, except that in some cases additional work
adjustment time (not exceeding 4 weeks) may be needed.
(ii) During the
trial period the assessment of capacity must be undertaken and the proposed
wage rate for a continuing employment relationship must be determined.
(iii) The minimum
amount payable to the employee during the trial period shall be no less than an
amount as set out in subclause (c) of this clause.
(iv) Work
trials should include induction or training as appropriate to the job being
trialled.
(v) Where the
employer and employee wish to establish a continuing employment relationship
following the completion of the trial period, a further contract of employment
shall be entered into based on the outcome of assessment under subclause (d) of
this clause.
35. Allowances and/or
Additional Rates
(i) The
rates set out in the following Items of Table 2 - Other Rates and Allowances,
of Part B, Monetary Rates, shall be paid in addition to the appropriate adult
weekly rate prescribed in Table 1 of Part B Monetary Rates:
Item No. (Table 2)
(a)
|
Section head
|
9
|
(b)
|
Qualified adult automotive parts and accessories
salesperson
|
10
|
(c)
|
An employee who holds a licence under the Liquor Act 2007
|
11
|
Provided that an employee paid in accordance with Group
4 of Table 1 - Clause 38 Wages, shall not receive less
than the amount shown in Item 11 of the said Table 2 per week, in addition to
the appropriate rate prescribed by Clause 38 Wages.
(ii) The rates set
out in the following Items of Table 2 shall be paid in addition to the
appropriate weekly rates prescribed by the said Clause 38 Wages or the
appropriate junior percentage rate:
(a)
|
Employee delivering goods
(other than newspapers and the like) by box tricycle
|
12
|
(b)
|
Employee engaged on
photographic or other modelling or mannequin work, whilst so engaged
|
13
|
(c)
|
Qualified first-aid attendant
|
14
|
(d)
|
Employee employed by a shop
to speak a language in addition to English for the purpose of making sales in
that shop
|
15
|
(e)
|
Ticket writer who has passed
an appropriate technical college course,
|
|
|
21 years of age and over
|
16
|
|
Under 21 years of age
|
16
|
(iii) An employee who
attends an appropriate course of training at a technical college at the request
of his/her employer shall be reimbursed at the completion of this course, if
successful, the fees for such course.
(iv) An
employee required to provide a bicycle or motorcycle shall be paid the amounts
set out in Item 17 of Table 2 per week extra.
An employee required to provide a motor car shall be paid the amount set
out in Item 18 of Table 2 per week extra.
Provided that where an employee occasionally uses his/her car by
agreement with his/her employer, on the employer's business, he/she shall be
paid an allowance for each kilometre so travelled as set out in Item 19 of
Table 2. If the employer provides a vehicle, he/she shall pay the whole of the
cost of the upkeep, registration, insurance and running expenses.
Provided that a full-time retail
merchandiser local or country shall receive the benefits of this subclause
where applicable, with the exception of the occasional kilometre allowance.
Provided further, a part-time or casual retail
merchandiser local or country shall be paid for the use of his/her motor
vehicle an amount set out in Item 19 of Table 2 per kilometre travelled in
connection with his/her employment, with no standing charge contained in this
subclause to apply.
(v) Freezer and
Dairy Allowance and Conditions -
(a) Employees whose
primary function is the handling or loading of goods into or out of freezer
rooms or freezer cabinet (i.e. a room or cabinet with an inside temperature
falling below 0 degrees Celsius) shall:
(1) be paid a
disability allowance of the amount set out in Item 20 of Table 2, in the case
of full-time employees and a pro rata amount in the case of casual and
part-time employees;
(2) when working in freezer rooms be provided with the following
protective clothing:
(i) fully insulated parka with hood;
(ii) fully insulated protective gloves;
(iii) fully insulated protective trousers (upon request).
(b) Employees whose
primary function is working in a public dairy room or backfilling a dairy
cabinet shall:
(1) be paid a
disability allowance of the amount set out in Item 21 of Table 2 per week in
the case of full-time employees and a pro rata amount in the case of casual and
part-time employees;
(2) be provided with the following protective clothing:
(i) fully insulated parka with hood;
(ii) fully insulated protective gloves;
(iii) fully insulated protective trousers;
(iv) waterproof boots.
(c) Employees whose
primary function is backfilling in a freezer room (i.e., a room with an inside
temperature failing below 0 degrees Celsius), shall:
(1) be paid a
disability allowance of the amount set out in Item 22 of Table 2 per week in
the case of full-time employees and a pro rata amount in the case of casual and
part-time employees;
(2) be provided with the following protective clothing:
(i) fully insulated protective boiler suit;
(ii) fully insulated protective head gear;
(iii) fully insulated protective gloves;
(iv) fully insulated protective boots;
(3) not be required to work in such room for longer than two
hours without a ten-minute paid rest pause and, where applied, such rest pause
shall be in substitution for any other rest pause under the award, which occurs
at or around the same time.
(d)
(1) Employees whose
primary function is the handling or loading of goods into or out of freezer
cabinets shall be provided with fully insulated protective gloves and, upon
request, a fully insulated parka.
(2) Employees whose
primary function is the handling or loading of goods into or out of dairy
cabinets shall be provided with fully insulated protective gloves.
(e) Items of
protective clothing detailed in this clause shall be laundered by the employer
at the employer's expense.
36. Agricultural,
Pastoral Or Horticultural Societies' Shows, etc
Subject to the Minister for Industrial Relations giving
approval to any agricultural, pastoral or horticultural society’s show or any
trade exhibition or trade fair under section 101 of the Shop and Industries Act 1962, persons employed thereat shall be
paid as follows:
(i) Casual
Employees -
(a) The hourly rate
of pay for all time worked between 9.00 am and 6.00 pm shall be as set out in
Item 23 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates,
with a minimum payment of six hours on any day or part thereof.
NOTE: The Annual
Holidays Act 1944 requires that casual employees shall, in addition to their
ordinary pay, receive for annual holiday purposes an additional amount
equivalent to 1/12 of their ordinary pay.
Upon any increase to the weekly rates prescribed by
subclause (a) of Clause 38 Wages, the hourly rates contained herein shall be
adjusted by adding thereto one thirty-eighth of the increase in the weekly rate
calculated to the nearest cent, any part of a cent not exceeding half a cent to
be disregarded.
(b) Saturday
Penalty - The additional amount set out in Item 23 of the said Table 2, shall
be paid by way of fixed penalty addition for any Saturday worked.
(c) Time and
one-half shall be paid for all time worked in excess of eight hours or after 12
noon on Saturday or before 9.00 am or after 6.00 pm on any one day. Double time shall be paid for all time worked
on public holidays and Sundays.
(d) Meal Money -
Unless a suitable meal consisting of at least two courses and a beverage is
provided, an amount set out in Item 3 of Table 2 shall be paid nightly to each
employee who works after 6.00 pm
(ii) Regular
Employees - The provisions of the award shall apply to an employer in respect
of any regular employee of his/her covered by this award except as to subclause
(v) of clause 10, Hours, and the following provisions which shall be in
substitution for the appropriate provisions of the award:
(a) An amount set
out in Item 3 of Table 2 shall be paid as meal money if the employee works
after 6.00 pm on any day, Monday to Friday, inclusive, and on Saturdays and
Sundays a lunch allowance of the same amount if he/she works after 12.30 pm and
a tea allowance of the same amount if he/she works after 8.00 pm
(b) For each
Saturday worked a fixed penalty addition as set out in Item 23 of Table 2 shall
be paid.
(c) Payment at the
rate of time and one-half for all time worked after 12 noon on any Saturday
during the said show, other than Easter Saturday, shall be made.
(d) Payment at the
rate of double time for all time worked on public holidays, with a minimum
payment as for four hours worked, shall be made.
(e) For each day
they attend the show, etc., an additional amount to reimburse them for fares
equal to the normal bus fare from the city to the show and return shall be
paid, but in the case of the Royal Agricultural Show this amount shall be the
special bus fare from the city to the Showground and return. This reimbursement shall not be made when
transport to the show is provided by the employer.
37. Area, Incidence
and Duration
This award rescinds and replaces the following award:
(a) Shop Employees
(State) Award published 27 November 2015 (378 I.G. 210) as varied.
It shall apply to all classes of employees employed
under classifications in this award who work in or in connection with a retail
shop, employees employed in the sale of goods by retail away from the
employer's place of business in the State within the jurisdiction of the Retail
Employees (State) Industrial Committee and the Salesmen, Outdoor (State)
Industrial Committee, excluding the County of Yancowinna.
It shall take effect from the beginning of the first
pay period to commence on or after 16 December 2018 and shall remain in force
for a period of 12 months.
The changes made to the award pursuant to the Award
Review pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) take
effect on and from 16 December 2018.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
PART B
MONETARY RATES
38. Wages
(a) The minimum
rate of pay for each classification incorporating both the base rate and
supplementary payments is expressed for each classification as set out in Table
1 - Wages.
(b) The rates of
pay in this award include the adjustments payable under the State Wage Case
2018. These adjustments may be offset
against:
(i) any equivalent overaward payments,
and/or
(ii) award wage increases since 29 May 1991 other than safety
net, State Wage Case, and minimum rates adjustments.'
(c) Junior
Employees - Junior employees and improver waiters/waitresses shall receive the
percentages set out in (iv) of Table 1 - Wages of the appropriate adult rate
prescribed in Group No. 1 of Table 1 - Wages.
Table 1 - Wages
(i)
Group No.
|
Description
|
Former
Rate
|
SWC
2018
|
Total
Rate
|
|
|
Per
Week
|
2.5%
|
Per
Week
|
|
|
$
|
$
|
$
|
1
|
Shop assistants, demonstrators, trolley collector,
|
769.50
|
19.20
|
788.70
|
|
salespersons outdoor, employees driving a
|
|
|
|
|
forklift or using mechanical equipment as
|
|
|
|
|
required, the role of Santa Claus, ticket
|
|
|
|
|
writers, mannequins, order hands, reserve
|
|
|
|
|
stock hands (including reserve stock hands
|
|
|
|
|
in theatre distributing services), employees
|
|
|
|
|
delivering goods (other than newspapers
|
|
|
|
|
and the like) by bicycle or tricycle,
|
|
|
|
|
employees engaged in the cooking or the
|
|
|
|
|
preparation of provisions for
|
|
|
|
|
sale in the shop of the employer, cashiers in
|
|
|
|
|
special shops, persons employed on
|
|
|
|
|
information desks and/or on customer
|
|
|
|
|
services or as full-time messengers, employees
|
|
|
|
|
engaged in the installation(other than
|
|
|
|
|
installation requiring trade skill), servicing,
|
|
|
|
|
stocking, collection of money from,
|
|
|
|
|
and preparation of, commodities for sale in
|
|
|
|
|
automatic vending
|
|
|
|
|
devices, employees engaged in the pre-packing,
|
|
|
|
|
weighing, pricing of fruit and/or vegetables
|
|
|
|
|
on the shop premises, employees principally
|
|
|
|
|
engaged in hiring out activities in a shop, and
|
|
|
|
|
waitresses in confection shops employed waiting
|
|
|
|
|
on tables for two hours or more per day
|
|
|
|
2
|
(a) Window Dresser
Employees principally
|
777.60
|
19.40
|
797.00
|
|
engaged in dressing windows.
|
|
|
|
|
(b) Window dressers under 21 years of age shall
|
|
|
|
|
be paid as per Item 8 of
table 2 - Other Rates and
|
|
|
|
|
Allowances, of Part B,
Monetary Rates, in addition
|
|
|
|
|
to the rates prescribed by subclause
(c) of clause 38,
|
|
|
|
|
Wages.
|
|
|
|
3
|
Branch Supervisor Shop
assistants engaged in
|
|
|
|
|
supervising branch grocery
shops
|
783.70
|
19.60
|
803.30
|
4
|
Shop Assistants in charge of
a shop or a department
|
|
|
|
|
in a shop not being a shop
assistant temporarily
|
|
|
|
|
in charge during the absence
of persons ordinarily
|
|
|
|
|
in charge of the shop or
department, but including
|
|
|
|
|
employees employed as
relieving shop assistants in
|
|
|
|
|
charge of a shop:
|
|
|
|
|
(i)
Without the duty of buying -
|
|
|
|
|
In charge of from nil to 4
assistants
|
783.80
|
19.6
|
803.40
|
|
In charge of from 5 to 12
assistants
|
795.10
|
19.90
|
815.00
|
|
In charge of from 13 to 25
assistants
|
808.90
|
20.20
|
829.10
|
|
In charge of over 25
assistants
|
819.30
|
20.50
|
839.80
|
|
(ii) With the duty of buying
-
|
|
|
|
|
In charge of from nil to 4
assistants
|
785.80
|
19.60
|
805.40
|
|
In charge of from 5 to 12
assistants
|
798.20
|
20.00
|
818.20
|
|
In charge of from 13 to 25
assistants
|
814.60
|
20.40
|
835.00
|
|
In charge of over 25
assistants
|
823.90
|
20.60
|
844.50
|
5
|
Employees in charge of a
motor and/or horse
|
792.50
|
19.80
|
812.30
|
|
drawn vehicle selling stock
carried on the vehicle
|
|
|
|
|
products of a kind which
usually are sold by
|
|
|
|
|
confection/ take-away food
shops Employees under
|
|
|
|
|
the age of 21 years but not
less than the age of 18
|
|
|
|
|
years shall be paid the
percentages of the rate for
|
|
|
|
|
an adult contained in (ii) of
Table 1 - clause 38,
|
|
|
|
|
Wages.
|
|
|
|
6
|
Retail Merchandiser as
defined by subclause
|
|
|
|
|
(xi) of clause 2, Definitions
|
769.50
|
19.20
|
788.70
|
Notation: Hourly rates of pay for full-time, part-time and
casual employees shall be calculated to the nearest half cent.
(ii) Juniors - Selling
from a vehicle
|
Percentage
|
|
|
At 18 years of age
|
70
|
At 19 years of age
|
80
|
At 20 years of age
|
90
|
(iii) Retail
Merchandiser - Juniors
|
Percentage
|
|
|
At 18 years of age and under
|
70
|
At 19 years of age
|
80
|
At 20years of age
|
90
|
(iv)
(a) Juniors
|
Percentage
|
|
|
Under 16 years of age
|
40
|
At 16 years of age
|
50
|
At 17 years of age
|
60
|
At 18 years of age
|
70
|
At 19 years of age
|
80
|
At 20 years of age
|
90
|
Improver Waiters/Waitresses
|
Percentage
|
1st 3 months
|
78.5
|
2nd 3 months
|
82.5
|
Thereafter
|
100
|
Junior rates shall be calculated to the nearest five cents,
any part of five cents not exceeding half of five cents to be disregarded.
Table 2 - Other Rates & Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
5(a)
|
Night interval employees
|
2.92 per shift
|
2
|
5(a)
|
Night interval employees (working one night per week)
|
4.65 per shift
|
3
|
6(i)
|
Meal Allowances
|
15.40
|
|
(b),(c)
|
|
|
|
36(i)(d)
|
|
|
|
6(ii)(a)
|
|
|
4
|
6(ii)
|
Breakfast Allowance
|
8.50
|
|
16(vii)
|
|
|
5
|
14(a)(ii)
|
General Shops -
|
|
|
|
Loading for casual employees working on a Saturday:
|
|
|
|
Engagements up to and including four hours -
|
|
|
|
Adult employees
|
8.60 per shift
|
|
|
Employees under 21 years of age
|
5.50 per shift
|
|
|
Engagements exceeding four hours -
|
|
|
|
Adult Employees
|
17.60 per shift
|
|
|
Employees under 21 years of age
|
9.50 per shift
|
|
14(a)(iii)
|
Special and Confection Shops -
|
|
|
|
Loading for casual employees working on a Saturday:
|
|
|
|
Adult Employees
|
8.60 per shift
|
|
|
Employees under 21 years of age
|
5.50 per shift
|
6
|
14(c)(ii)
|
Confection Shop - Employees working after 10.00 p.m.
|
|
|
|
on any night
|
2.55 each night
|
7
|
25(i)
|
Laundering Allowance (if any article requires ironing):
|
|
|
|
Full-time employee
|
11.40
|
|
|
Part-time and casual employee
|
4.00
|
|
|
Maximum payment
|
11.40
|
|
|
Laundering Allowance (if none of the articles require
|
|
|
|
ironing):
|
|
|
|
Full-time employee
|
6.80
|
|
|
Part-time and casual employee
|
2.50
|
|
|
Maximum payment
|
6.80
|
8
|
38(1)(i)2(b)
|
Window Dressers under the age of 21
|
11.70 per week
|
9
|
35(i)(a)
|
Section Head
|
17.30 per week
|
10
|
35(i)(b)
|
Qualified adult automotive parts and accessories
|
|
|
|
salesperson
|
39.20 per week
|
11
|
35(i)(c)
|
Employee with a licence under the Liquor Act 2007
|
26.90 per week
|
12
|
35(ii)(a)
|
Employee delivering goods
|
5.70 per week
|
13
|
35(ii)(b)
|
Employee engaged in photographic or other modelling
|
56.70 per week
|
|
|
|
11.50 per day
|
14
|
35(ii)(c)
|
First-aid attendant
|
2.30 per day
|
15
|
35(ii)(d)
|
Employee engaged to speak a second language
|
11.30 per week
|
16
|
35(ii)(e)
|
Ticket writer -
|
|
|
|
At or over 21 years of age
|
23.20 per week
|
|
|
Under 21 years of age
|
11.50 per week
|
17
|
35(iv)
|
Bicycle Allowance
|
13.80 per week
|
|
|
Motorcycle Allowance
|
41.60 per week
|
18
|
35(iv)
|
Motor Car Allowance:
|
|
|
|
car up to and including 2000cc
|
144.60 per week
|
|
|
car over 2000cc
|
172.20 per week
|
|
|
allowance per kilometre travelled
|
0.43 per km
|
19
|
35(iv)
|
Allowance for kilometre travelled:
|
|
|
|
car under and including 2000cc
|
0.65 per km
|
|
|
car over 2000cc
|
0.71 per km
|
|
35(iv)
|
Part-time or Casual Retail Merchandiser local or
|
|
|
|
Country, for the use of his/her vehicle.
|
0.78 per km
|
20
|
35(v)(a)(1)
|
Disability allowance for employees working in freezer
|
|
|
|
room
|
10.90 per week
|
21
|
35(v)(b)(1)
|
Disability allowance for employees working in public
|
|
|
|
dairy room
|
16.40 per week
|
22
|
35(v)(c)(1)
|
Disability allowance for employees backfilling in a freezer
room
|
21.90 per week
|
23
|
36(i)(a)
|
Casual hourly rate of pay for persons employed at trade
|
|
|
|
fairs, etc., between 9.00 a.m. and 6.00 p.m., with a
|
|
|
|
minimum payment of six hours
|
|
|
|
At 19 years of age and over
|
19.94 per hour
|
|
|
Under 19 years of age
|
19.56 per hour
|
|
36(ii)(b)
|
Saturday Loading -
|
|
|
|
Adult Employees
|
8.60
|
|
|
Under 21 years
|
5.50
|
(vi) The
rates at Table 1 and Table 2 shall take effect from the first full pay period
to commence on or after 16 December 2018
RETAIL EMPLOYEES (STATE) INDUSTRIAL COMMITTEE
Industries and Callings
Section I
All persons employed in or in connection with a shop2 and/or
automatic vending device3 including (but without limiting the generality of the
foregoing) sales assistants, self-service employees, demonstrators, ticket
writers, checkout operators, grocery orderperson,
reserve stock hands, display hands, window dressers, persons engaged in the
hiring of goods in a shop, office assistants, telephone attendants, delivery
clerks, persons employed on machines designed to perform or assist in
performing any clerical work whatsoever, and cashiers employed solely as
cashiers and/or on other clerical duties, in the State, excluding the County of
Yancowinna;
excepting -
Van salesperson;
Storeperson and packers;
Employees, other than sales assistants, in restaurants,
tea shops and cafeterias;
Persons employed selling motor oils, accessories and
petrol at or in motor garages and parking and/or service stations or petrol
from petrol pumps;
Drivers of trolleys, drays, carts, motor and other
power-propelled vehicles, loaders, brakesperson,
extra hands, grooms, stableperson and yardperson;
Cleaners;
Employees, other than sales assistants, in or in
connection with hospitals, mental hospitals, public charitable institutions or
ambulance work;
Butchers, persons engaged in the sale of uncooked meat
by retail, carters and other persons delivering such meat, and cashiers in
butchers' shops;
and excepting persons employed by -
Sydney Electricity;
The Australian Gas Light Company;
The Council of the City of Newcastle;
Newcastle Gas Company Limited;
and excepting also employees within
the jurisdiction of the following Industrial Committees -
Commercial Travellers (State);
County Councils (Electricity Undertakings) Employees;
Models and Mannequins (State);
Motor Vehicle Salesperson (State);
Northern Rivers County Council;
Pharmacies (State);
Shortland County Council.
NOTE:
1In establishing this committee on 23 March 1977 the
Commission (Macken J., Matter 109 of 1977) stated:
Section I of the committee shall convene and sit as a
separate section when matters are raised which fall
solely within the constitution of Section I.
Section II of the committee shall convene and sit as a
separate section when matters are raised which fall
solely within the constitution of Section II.
Both sections of the committee will sit together when a
matter extends beyond the constitutions of either one of the sections of the
committee.
2"Shop" in this constitution shall have the same
meaning as "shop" as defined in
section 3 of the Retail Trading
Act 2008, or in any Act amending or replacing that Act.
3"Automatic vending device" in this constitution
means any automatic machine or mechanical contrivance in which goods are
offered for sale by retail.
Section II
Shop1 assistants, cashiers, office assistants and workers employed
in or in connection with automatic vending devices2, confectioners, soft
drinks, fountain drinks, milk drinks, sundae, fruit and vegetable shops,
including persons engaged in the reception, sale or delivery of goods in such
shops, and including also employees engaged in the preparing or serving of
light refreshments3 in such shops in the State, excluding the County of Yancowinna;
excepting -
Storepersons and packers,
carters and cleaners;
Employees within the jurisdiction of the Cement
Workers, &c. (State) Industrial Committee.
NOTE:
1"Shop" in this constitution means place, building
or any part thereof, stall, tent, vehicle, boat or pack in which goods are sold
or offered or exposed for sale by retail.
2"Automatic vending device" in this constitution
means any automatic machine or mechanical contrivance in which goods are
offered or exposed for sale by retail.
3"Light refreshment" in this constitution means a
beverage, hot or cold, served with biscuits, cakes, pastry, sandwiches, meat
pie or the like.
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.