RETAIL SERVICES EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices of award review pursuant to section 19 of the Industrial Relations Act 1996.
(Nos. IRC 1133
and 6042 of 1999)
Before the Honourable Justice Kavanagh
|
4 June and 18 July
2001
|
REVIEWED AWARD
1. ARRANGEMENT
Clause No Subject
Matter
1. ARRANGEMENT
2. DEFINITIONS
3. HOURS
OF WORK
4. SHIFT
WORK
5. WAGES
6. SAVINGS
CLAUSE
7. ADDITIONAL
RATES
8. RETAIL
BUILDING ASSISTANTS' ACCOMMODATION
9. MIXED
FUNCTIONS
10. NOTATION
11. TRAINING
12. SICK
LEAVE
13. PERSONAL/CARER'S
LEAVE
14. HOLIDAYS
15. ANNUAL
LEAVE
16. CALL
BACK
17. DISPUTE
SETTLING PROCEDURE
18. REDUNDANCY
19. SUPPORTED
WAGE SYSTEM FOR WORKERS WITH DISABILITIES
20. ANTI-DISCRIMINATION
21. AREA,
INCIDENCE AND DURATION
TABLE 1 - TOTAL RATES
TABLE 2 - OTHER RATES AND ALLOWANCES
APPENDIX
2. DEFINITIONS
(i) "Retail
Security Assistant" means:
(a) an employee
engaged by a retailer to watch, guard or protect its premises and/or property;
or
(b) an employee
stationed at an entrance and/or exit whose principal duties shall include the
control of movement of persons, vehicles, goods and/or property coming out of
or going into premises or property, including vehicles carrying goods of any
description, to ensure that the quantity and description of such goods is in
accordance with the requirements of the relevant document and/or gate pass and
who also may have other duties to perform and shall include an area or door
attendant or commissionaire in a retail store or commercial building who may be
required to perform security checks on either employees or members of the
public.
(ii) "Retail
Building Assistant" means an employee whose presence is required on
premises for the protection, good order or convenient use thereof and who also
may have other duties in respect of the cleanliness or upkeep thereof,
including routine or minor maintenance, which may involve the use of a variety
of hand and power tools; provided that such work is not of a nature so as to
require a qualified tradesperson.
(iii) "Retail
Services Assistant" means an employee engaged to carry out the following
duties: parking attendant duties and/or
including motor car washing, cleaning, greasing of cars in parking stations and
establishments both owned by and operated by and in connection with retail
shops, lift driving or lift attending, cleaning work of any description of
premises or in bringing into or maintaining premises in a clean condition,
whatever may be the nature of the employees other duties and making and/or
serving morning or afternoon teas or lunches or other meals including washing
up and other duties in connection with such work.
(iv) "Propagator
and/or Gardener" means an employee who is capable of determining the
proper stage at which cuttings may be taken from ornamental trees and shrubs
and whose principal duties include the maintenance of nursery stock and the
budding, grafting and layering of such stock, who is responsible for the proper
care and maintenance of a garden or rockery and, without limiting the
generality of the foregoing, shall include an employee who is responsible for
the designing, laying out and preparation of gardens or rockeries, the preparation
of sprays and pruning and transplanting of shrubs.
(v) "General
Garden Hand" means an employee principally engaged in the maintenance of
gardens, lawns and rockeries and, without limiting the generality of the
foregoing, shall include an employee engaged in trimming edges, mowing lawns,
sowing, planting, watering, spreading fertiliser, weeding, clearing shrubs,
trimming hedges and assisting the propagator and/or gardener, as defined.
(vi) "Union"
means 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.
(vii) "Day"
means the period from midnight to midnight.
3. HOURS
OF WORK
(i) Day Work -
Retail Services Assistant, Retail Security Assistant (as defined in paragraph
(b) of subclause (i) of clause 2, Definitions):
The ordinary hours of work, exclusive of meal times, shall
not exceed an average of 38 hours per week and may be worked in one or two
shifts per day, in accordance with the following normal day work hours:
6:00am - 6:30pm - Monday, Tuesday, Wednesday and
Saturday;
6:00am - 9:30pm - Thursday and Friday;
7:00am - 5:30pm - Sunday.
All other provisions shall be in accordance with clause 10,
Hours, of the Shop Employees (State) Award as made by Glynn J in matter IRC
1485 of 2001 on 7 March 2001, as varied.
(ii) Propagators
and/or Gardeners and Garden Hands:
(a) The ordinary
working hours, exclusive of meal times, shall not exceed 38 hours per week and
shall be worked Monday to Friday, inclusive:
Provided that such daily hours may be varied by agreement between an
employer and the union in the event of water restrictions being enforced or
other emergencies arising.
Provided further that in establishments from Monday to
Sunday the ordinary working hours, exclusive of meal times, shall be an average
of 38 per week which shall be worked Monday to Sunday, inclusive.
Provided further that such employees required to work their
ordinary hours on a Saturday or Sunday shall be paid for all time so worked at
the following rates:
Saturday Work time
and one-half
Sunday Work double
time
For the purpose of this subclause only the rates prescribed
shall apply in respect of ordinary hours of work and shall apply to all such
employees covered by this subclause, including casual employees, provided that
such casual employees are employed in establishments operating from Monday to
Sunday.
(b) Such hours
shall be worked between the hours prescribed for day workers by the award or
industrial agreement covering the majority of employees in the
establishment. Provided that, by
agreement with the employees, such hours may be worked between the hours of
6:00am and 6:00pm. Provided further
that during daylight saving such hours may be worked between 7:00am and 7:00pm.
(iii) Retail
Security Assistants (excluding Retail
Security Assistant [Gatekeepers] as defined in paragraph (b) of subclause (i)
of clause 2, Definitions):
(a) The ordinary
working hours of Retail Security Assistants shall not exceed an average of 76
in each roster period of 14 consecutive days, and such hours shall be worked in
not more than ten shifts in such roster period of not more than eight
consecutive hours in any one shift, with not more than one shift in any period
of 24 hours.
(b) Except in
the case of change of shifts, where seven days notice must be given or overtime
must be paid, not more than six consecutive days shall be worked without the
payment of overtime.
(c) The
arrangement of working hours, as set out herein, may be altered by agreement
between the employer and the union.
(d) In all
cases, shifts of work shall be continuous and time shall start from the
commencement of the shift.
(e) A crib time
of not less than 20 minutes shall be allowed, not earlier than four hours or
later than five hours, where it is reasonably practicable to do so, after the
time of commencement of each shift. Time allowed as crib time shall be regarded
as time worked and shall be paid for as such.
(iv) Retail
Building Assistant:
(a) The ordinary
working hours of a Retail Building Assistant shall not exceed an average of 38
per week, which shall be worked in shifts of not more than eight hours
duration, as follows -
From Monday to 5:30pm on Sunday, inclusive.
(b) The employer
shall fix the time for working such hours on such days in one, two or three
shifts.
4. SHIFT
WORK
(A) Definitions:
"Night Shift" means any shift finishing subsequent
to midnight and at or before 8:00am or any shift commencing at or after
midnight and before 5:00am.
"Afternoon Shift" means any shift finishing
after 6:30pm and at or before midnight on any night.
"Early Morning Shift" means any shift
commencing at or after 5:00am and before 6:00am.
"Night Shift, non-rotating" means any shift system
in which night shifts are worked which do not rotate or alternate with another
shift so as to give the employee at least one-third of their working time off
night shift in each roster cycle.
(B) Shift
Allowances:
(i) Shift
Workers (does not apply to Retail Building Assistant): The following additional allowances shall be
paid to employees classified as shift workers in respect of work performed
during ordinary hours of shift as defined in subclause (A), Definitions, of
this clause:
Percentage
Early Morning Shift 10
Afternoon Shift 15
Night Shift, rotating with Day or Afternoon Shift 17.5
Night Shift, non-rotating 30
(ii) Saturday
and Sunday Work During Ordinary Hours (Retail Security Assistants as defined in
paragraph (a) of subclause (i) of clause 2, Definitions):
(a) Such
employees required to work their ordinary hours on a Saturday and/or Sunday
shall be paid for all time so worked at the following rates:
Saturday work time
and one-half
Sunday work double
time
(b) The
allowance prescribed in this subclause shall be in substitution for and not
cumulative upon the shift work allowances prescribed in paragraph (i) of this
subclause.
(c) For the
purpose of this clause, the rates prescribed shall apply in respect of ordinary
hours of work only and shall apply to all Retail Security Assistants as defined
in paragraph (a) of subclause (i) of the said clause 2, including Casual Retail
Security Assistants.
(iii) Broken
Shift Workers (Retail Services Assistants and Retail Security Assistants
[Gatekeepers] as defined in paragraph (b) of subclause (i) of the said clause
2). A full-time employee working a
broken shift in accordance with subparagraph (b) of this paragraph shall be
paid the following additional allowances:
(a) For each
broken shift so worked - a shift allowance as set out in Item 1 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates.
(b) Excess fares
allowance at the rate set out in Item 2 of the said Table 2 per week extra.
(iv) Retail
Building Assistants: In lieu of the
shift allowances prescribed in paragraph (i) of this subclause, a Retail
Building Assistant required to work ordinary hours after 9:00pm shall receive
the following additional rates for each hour so worked:
Percentage
Between the hours of 9.00pm and midnight 15
Between the hours of midnight and 6.00am 30
5. WAGES
(i) Weekly
employees: The minimum rate of pay
shall be as set out in Table 1 - Total Rates, of Part B, Monetary Rates.
(ii) Part-time
employees for each hour worked during ordinary time shall be paid an hourly
rate to equal to the appropriate weekly rate divided by 38; provided that in
establishments employing a total of less than 15 employees, the minimum payment
shall be two hours.
(iii) Retail Services
Assistants employed solely to carry out tea attending duties shall be paid a
minimum of two hours' pay for each day so engaged; provided that, where such
employee is required to report for duty on more than one occasion on any day,
the employee shall be paid a minimum of four hours pay for each day so engaged.
(iv) Casual
employees for each hour worked during ordinary time shall be paid an hourly
rate equal to the appropriate weekly rate divided by 38.
(v) Casual
employees shall be paid an additional loading of an amount of 15 per cent of
the weekly rate of pay with a minimum payment on any one shift of three hours.
(vi) The hourly
rates of pay prescribed in subclause (iv) of this clause shall be calculated to
the nearest whole cent, any amount less than half a cent in the result to be
disregarded.
6. SAVINGS
CLAUSE
(i) Full-time
female Retail Services Assistants (Cleaners) who worked a 36 hour week prior to
2 September 1992 shall continue to work a 36-hour week, provided that the rates
of pay shall be calculated on the basis of a 38 divisor. Employees engaged on or after the said date
shall be required to work a 38-hour week.
7. ADDITIONAL
RATES
(i) Leading
Hands: Employees placed in charge of other employees shall be paid the rate as
set out in Items 3 and 4 of Table 2 - Other Rates and Allowances of Part B,
Monetary Rates, in addition to their ordinary wages.
(ii) First-aid:
An employee who is a qualified first-aid assistant and is employed to carry out
the duties of a qualified first-aid assistant shall be paid an additional
amount as set out in Item 5 or 6 of the said Table 2.
(iii) Qualification
Allowance: An employee acting as a leading hand or Retail Building Assistant
who is required to and successfully completes the Cleaning Supervisors' Course
at the Sydney Technical College or a course deemed by the employer to be of
equivalent qualification, shall be paid an additional amount as set out in Item
7 or 8 of Table 2. Such amount shall be
part of the ordinary rate of pay for all award purposes.
(iv) Gun
Allowance: An employee required by the employer to carry a firearm shall be
paid an additional allowance per shift as set out in Item 9 of Table 2, with a
maximum payment per week as set out in Item 10 of Table 2.
(v) Multi-purpose
Machines (Retail Services Assistants): Employees required to use multi-purpose
machines, mobile sweeping machines and other similar mechanical equipment and
operate fork lifts shall be paid an additional amount per shift as set out in
Item 11 of Table 2 or part thereof whilst so employed.
(vi) Refuse
Disposal (Retail Services Assistants): Employees primarily engaged on refuse
disposal and/or sorting for incinerators or furnaces shall be paid an
additional amount per hour worked as set out in Item 12 of Table 2, with a
maximum payment per week as set out in Item 13 of Table 2.
(vii) Toilet
Cleaning (Retail Services Assistants):
An employee required to work in lavatories, on outside steps, outside
marble or outside brass or required to scrub marble, terrazzo, rubber floor
corridors or stairs which necessitate the employee kneeling, shall be paid an
amount as set out in Item 14 and 15 of Table 2. Lavatories of both sexes can be cleaned by either male or female
cleaners as long as appropriate steps are taken to ensure that the lavatories
are not in use at the time of cleaning.
(viii) Security
Licence: Where an employee is required
to hold a licence pursuant to the provisions of the Security Industry Act 1997, such employee shall have the cost of
such licence reimbursed by the employer on completion of each 12 months'
service.
(ix) Uniform
Clothing - Laundering or Dry Cleaning:
See the said Shop Employees (State) Award.
(x) Locomotion:
Use of own vehicle or bicycle. See the
said Shop Employees (State) Award.
(xi) Horticultural
Certificate Course: An employee who has
successfully completed the Horticultural Certificate Course at a Technical
College or a course deemed by the employer to be of equivalent qualification
shall be paid an additional allowance per week as set out in Item 16 of Table 2
which shall be for all purposes of this award.
8. RETAIL
BUILDING ASSISTANTS' ACCOMMODATION
Where a Retail Building Assistant is provided with
accommodation a deduction may be made from the wages of not more than the
amount set out in Item 17 of Table 2 - Other Rates and Allowances, of Part B,
Monetary Rates, being a deduction for rent, fuel and lighting.
9. MIXED
FUNCTIONS
An employee engaged for at least two hours on any day or
shift on duties carrying a higher rate than the employee's ordinary
classification group shall be paid the higher rate for such day or shift;
provided that an employee engaged for less than two hours on any one day or
shift shall be paid the higher rate for the time so worked.
Any employee who is required to perform work temporarily for
which a lower rate is paid shall not suffer any reduction in wages whilst so
employed; provided that any work of less than one week's duration shall be
deemed to be temporary.
10. NOTATION
All other provisions, except where expressly provided for,
are in accordance with the terms and conditions of the Shop Employees (State)
Award as made by Glynn J in matter IRC 1485 of 2001 on 7 March 2001, as varied.
11. TRAINING
(a) All Retail
Building Assistants and Retail Security Assistants who, during their current
employment, are required to undertake an approved training course nominated by
the employer and as required by the provisions of the Security Industry Act 1997 (and Regulations) or as required by
their employer, shall have the costs of such training courses reimbursed by the
employer. Provided that the undertaking
of the said training course is a requirement of the employee's current
position.
(b) Reimbursable
costs as referred to in subclause (a) of this clause shall include excess
travelling expenses relating to the attendance at the said courses.
(c) (1) Employees shall be granted time off
without loss of pay during ordinary hours to attend training
courses referred to in subclause (a) of the clause.
(2) In cases
where the courses are to be held outside the rostered shift of the employee
required to attend the course, then:
(i) The
rostered shift should be altered so that the employee can attend during
ordinary working hours,
(ii) For the
time spent attending the course, the employee can be granted time off in lieu
on an hour-for-hour basis at a time convenient to the employer,
(iii) The
employee shall be paid for attending the course at ordinary time rates without
the addition of penalties. Provided
that such attendance shall not form part of the employee's ordinary roster for
the purposes of clause 3, Hours of Work.
The employee may elect the preferred option from (i), (ii) or (iii) of
this paragraph with the option to be applied to be finally determined by the
employer having regards to the needs of the establishment.
12. SICK
LEAVE
Sick leave provisions shall be in accordance with clause 18,
Sick Leave, contained in the said Shop Employees (State) Award except as to
quantum, which shall be 38 hours in the first year and 76 hours in the second
and subsequent years of continued employment with the employer. Pro rata entitlement is to apply to
part-time employees. Provided further
that no limitation shall apply to the number of accumulated sick leave hours
availed of by an employee in any one year.
Mixed Industries - In an establishment where sick leave is
prescribed by award or agreement, Commonwealth or State, for the majority of
employees in that establishment such provision may apply to an employee
otherwise entitled to sick leave in accordance with this clause; provided that
such provisions are equal to or more beneficial than this award.
13. 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 12, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, 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.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has 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 paragraph:
1. 'relative'
means a person related by blood, marriage of 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.
(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 member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five
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 above, 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.
(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, of the said Shop Employees (State) Award, 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 twelve
(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 date of the twelve (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 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.
14. HOLIDAYS
Provisions in accordance with the said Shop Employees
(State) Award shall apply to every employee allowed a holiday specified
therein.
For the purposes of this clause, any employee whose ordinary
hours of work commence before and continue past midnight shall be regarded as
working on a holiday only if the greater number of the employee's working hours
fall on the holiday, in which case all time worked shall be regarded as holiday
work; provided that if the number of ordinary hours worked before and past
midnight is equal, all ordinary time worked shall be regarded as time worked on
the day on which the shift commenced.
(a) Where a
holiday occurs on the rostered day off, of a Retail Building Assistant, Retail
Security Assistant (as defined in paragraph (a) of subclause (i) of clause 2,
Definitions) or any six-day shift worker; and
(1) such
employee is not required to work on that day, the employer shall pay the
employee eight hours' ordinary pay in respect of such day; or
(2) such employee
is required to work on that day, the employer shall pay the employee eight
hours' ordinary pay in respect of such time and in addition at the rate of time
and one-half for the first eight hours (with a minimum payment of four hours)
and double time and a half thereafter.
(b) The employer
may, in lieu of the payment of eight hours' ordinary pay prescribed in
subclause (a) of this clause, add a day to the annual leave period.
(c) Any day or
days added in accordance with this clause shall be the working day or working
days immediately following the annual leave period to which the employee is
entitled under clause 15, Annual Leave.
(d) Where the
employment of an employee has been terminated and there is thereby an
entitlement under Section 4 of the Annual Holidays Act 1944 to payment in lieu
of an annual holiday with respect to a period of employment, such employee
shall be entitled also to an additional payment for each day accrued under this
clause, at the appropriate ordinary rate of pay, if payment has not already
been made in accordance with subclause (a) of this clause.
15. ANNUAL
LEAVE
(i) All
employees except Retail Building Assistants and seven day shift workers - See Annual Holidays Act 1944.
(ii) Retail
Building Assistants and seven-day shift workers - In addition to the benefits
provided by section 3 of the said Act with regard to an annual holiday of four
weeks, a Retail Building Assistant and a seven-day shift worker at the end of
each year of their employment shall be entitled to the additional leave as
prescribed below:
(1) If during
the said year of employment the employee has served continuously as a Retail
Building Assistant or seven-day shift worker, the additional leave with respect
to that year shall be one week.
(2) If during
the said year of employment the employee has served only a portion of it as a
Retail Building Assistant, or seven-day shift worker, the additional leave
shall be 3.5 hours for each completed month of employment as a Retail Building
Assistant or, provided that where the additional leave is or comprises a
fraction of a day, such fraction shall not form part of the leave period and
any such fraction shall be discharged by payment only.
Where the employment of a Retail Building Assistant or
seven-day shift worker is terminated and there is thereby an entitlement, under
section 4 of the Annual Holidays Act
1944, to payment in lieu of an annual holiday with respect to a period of
employment, the employee also shall be entitled to an additional payment of 3.5
hours at such ordinary rate of pay for each completed month of service as a
Retail Building Assistant or seven-day shift worker.
(iii) For the
purposes of this clause, a seven-day shift worker means an employee whose
ordinary working hours includes shift work on Sundays and/or holidays on which
he/she may be regularly rostered for work.
16. CALL
BACK
A Retail Security Assistant (as defined in paragraph (a) of
subclause (i) of clause 2, Definitions) or Retail Building Assistant required
to attend the employer's premises for any reason other than carrying out
rostered duties after leaving the place of employment (whether notified before
or after leaving the place of employment) shall be paid a minimum of four
hours' pay at the appropriate rate for each such attendance.
Provided that this clause shall not apply where a period of
duty is continuous (subject to a reasonable meal break) with the completion or
commencement of ordinary working time.
Provided further that a Retail Security Assistant or Retail
Building Assistant shall be given at least eight hours off duty excluding
travelling time in excess of 30 minutes and a meal break of 30 minutes, before
the employee is required to resume ordinary hours. If a Security Assistant is requested to resume duty before eight
hours' rest is given the employee shall be paid at double ordinary rates until
relieved from duty for a period of eight hours.
17. DISPUTE
SETTLING PROCEDURE
Subject to the Industrial
Relations Act 1996, grievances or disputes shall be dealt with in the
following manner:
(a) The
employee(s) is required to notify the employer (in writing, or otherwise) as to
the substance of the grievance, requesting a meeting with the employer for
bilateral discussions and state the remedy sought. This meeting shall take place within two working days of the
issue arising (weekends and holidays excepted).
(b) If agreement
is not reached, the matter shall then be referred by the employer to a higher
authority (where this exists) no later than three working days after the time
specified in subclause (a) of this clause (weekends and holidays
excepted). 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 (in writing or
otherwise) for not implementing any proposed remedy.
(c) If the
matter is still not settled within a reasonable period of time, it may be
referred/notified to the Industrial Relations Commission of New South Wales for
settlement by either party.
(d) While a
procedure is being followed, normal work must continue.
(e) The employer
may be represented by an industrial organisation of employers and the
employee(s) may be represented by an industrial organisation of employees for
the purposes of each step of the procedure.
(f) The
foregoing disputes settlement procedure is not mandatory for an employee of a
small business employer. For the
purposes of this subclause, a small business employer is defined as:
(i) an employer
of not more than 20 employees; or
(ii) an employer
with a management structure under which all persons employed by the employer
are subject to the direct supervision and control of the employer or the chief
executive of the employer.
18. 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 sub-clause
4, 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.
19. 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 Percentage
of prescribed
(subclause (d)) 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 $57.60 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 trialed.
(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.
20. 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
and age.
(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 of 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 affect:
(a) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to person 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 legislation referred to in this clause.
21. AREA,
INCIDENCE AND DURATION
(a) This award
is varied following a review under section 19 of the Industrial Relations Act 1996 and replaces the Retail Services
Employees (State) Award published 30 June 1995 (286 I.G. 460), as varied and
rescinds and replaces the Retail Industry (State) Redundancy Award published 24
March 1995 (284 I.G. 942) as varied.
(b) It shall
apply to all the classifications contained herein within the jurisdiction of
the Retail Services Employees (State) Industrial Committee.
(c) 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 Award made by the Industrial
Relations Commission of the New South Wales on 18 December 1998 (308 IG 307)
take effect on and from the beginning of the first full pay period to commence
on or after the 4 June 2001.
(d) The award,
as varied, and now reprinted, remains in force until varied or rescinded, the
period for which the said award was made having already expired.
PART B
MONETARY RATES
22. WAGES
The rates of pay in this award include the adjustments
payable under the State Wage Case 2000. This adjustment may be offset against:
(a) any
equivalent overaward payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case and minimum
rates adjustments.
TABLE 1 - TOTAL RATES
Classification
|
Total Rate per week
$
|
Propagator/Gardener
|
430.80
|
Retail Building Assistant
|
458.80
|
Retail Security Assistant
|
|
Gatekeeper
|
458.80
|
Security
Guard
|
458.80
|
Security
Guard - Tell Tale
|
458.80
|
Security
Guard - Additional Duties
|
458.80
|
Retail Services Assistant
|
|
Tea
Attendant
|
439.60
|
Cleaner
|
439.60
|
Parking
Attendant
|
439.60
|
Lift
Attendant
|
439.60
|
Garden Hand
|
411.60
|
TABLE 2 - OTHER RATES AND ALLOWANCES
Item No.
|
Clause No.
|
Brief Description
|
Amount $
|
1
|
4(B)(iii)(a)
|
Broken Shift Allowance
|
9.52 per shift
|
2
|
4(B)(iii)(b)
|
Excess Fares Allowance
|
6.20 per week
|
3
|
7(i)
|
Leading Hands
|
Per Week
|
Per day
|
4
|
|
1 to 5 employees
|
19.70
|
22.30
|
|
|
6 to 10 employees
|
3.94
|
4.46
|
5
|
7(ii)
|
Shift Allowance
|
10.80 per week
|
6
|
|
|
2.16 per day
|
7
|
7(iii)
|
Qualification Allowance
|
13.20 per week
|
8
|
|
|
2.64 per day
|
9
|
7(iv)
|
Gun Allowance
|
1.52 per shift
|
10
|
|
Maximum payment of
|
7.60 per week
|
11
|
7(v)
|
Use of multi-purpose machines and other
|
1.71 per shift
|
|
|
mobile sweeping machines, mechanical
|
|
|
|
equipment; operate fork lifts
|
|
12
|
7(vi)
|
Refuse disposal (Retail Services Assistant)
|
0.69 per hour
|
|
|
|
|
13
|
|
Maximum payment of
|
13.80 per week
|
14
|
7(vii)
|
Toilet cleaning, work on outside steps,
|
6.90 per week
|
|
|
marble, brass etc., which necessitates
|
1.38 per day
|
15
|
|
kneeling
|
|
16
|
7(xi)
|
Horticultural Certificate Course
|
13.20 per week
|
17
|
9
|
Retail Building Assistant provided with accommodation
|
Deduction of not more than 10.60 per week
|
|
|
|
|
Retail Services Employees (State) Industrial Committee
Industries and
Callings
All person employed in or in connection with a retail shop
carrying out security or watching duties (in either case other than employees
employed in a shop by the operator thereof during ordinary trading hours in
areas intended for public access), cleaning, lift driving or attending, tea
making and/or serving teas, lunches or meals, motor car washing, cleaning or
greasing, parking cars and/or car attending in retail parking stations and
establishments; propagating and/or gardening duties, in the State, excluding
the County of Yancowinna;
excepting employees within the jurisdiction of the following
Conciliation Committees:
Carters, &c., Retail Stores (State);
Cleaning Contractors (State);
Miscellaneous Gardeners, &c. (State);
Restaurant, &c., Employees (State);
Retail Employees (State);
Security and Cleaning (State);
Storeperson and Packers General (State);
Motor Car Washers, &c. (State).
APPENDIX
The following provisions of the Shop Employees (State) Award
as made by Glynn J in IRC 1485 of 2001 on 7 March 2001, as varied, shall apply
to all employees, except where expressly provided for, who are engaged under
the Retail Services Employees (State) Award.
SHOP EMPLOYEES (STATE) AWARD
PART A
1. ARRANGEMENT
Clause No. Subject
1 Arrangement
2(xiii), (xiv) Definitions
3 Engagement,
Payment and Termination
4(A)(a), (b), (c), (d), (B)(a)(b), (c), (d) Part-time Employees
5(i) Casual
Employees
6(i) (a), (b) Meal
Allowances
7 Flexibility
of Work
8 Commitment
to Training and Careers
9 Mixed
Enterprise
10(I)(i), (iii), (iv), (II), (III)(i), (iv), (v), (IV) Hours
12 Special
Provisions for Substituted Late Shopping
Night - General Shops
13(iv) Savings
Clause (General Shops)
14 Weekend
and Late Night Penalty Rates and Loadings
15 Overtime
16 Meal
Times and Rest Pauses
17 Holidays
18 (i), (ii) (a), (c), (iii), (iv), (v), (vi), (vii), (viii) Sick Leave
19 Blood
Donor Leave
20 Compassionate
Leave
21 Personal/Carers
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
35 Allowances
and/or Additional Rates
38 Wages
PART B
Monetary RATES
Table 2 - Other Rates and Allowances
2. DEFINITIONS
(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.
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 unnoted 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, than 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 - 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.
6. MEAL
ALLOWANCES
(i) An employee
who works overtime after 6.30 p.m. 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 p.m. 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 p.m. a further sum of the same amount.
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) An employee
who works overtime after 6.30 p.m. 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 p.m. 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 p.m. a further sum of the same amount.
(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
franchiser 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.
(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.
(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.
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
(GENERAL SHOPS)
(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.
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);
(3) 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;
(4) 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.
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) 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 Monday, Anzac Day, Queen's Birthday, Labour Day,
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) 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) Picnic Day -
In addition to the holidays prescribed in paragraph (ii) of subclause (A) of
this clause, full-time and part-time employees rostered to work shall be
entitled to an additional holiday without loss of pay and this day shall be
known as the picnic day of the appropriate union (namely, the Shop,
Distributive and Allied Employees' Association, New South Wales, or the Shop
Assistants and Warehouse Employees' Federation of Australia, Newcastle and
Northern, New South Wales).
This day shall be on the first Tuesday of November in any
year, or on any other day agreed to by the appropriate union.
Where the establishment of an employer remains open and a
full-time or part-time -employee volunteers to work on the picnic day of the
appropriate union, 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.
(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
employees 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 at 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. COMPASSIONATE
LEAVE
(1) An employee,
other than a casual employee, shall be entitled to up to three days
compassionate 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
compassionate 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) Compassionate
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 20A, Personal/
Carer’s Leave, provided that, for the purpose of compassionate leave, the
employee need not have been responsible for the care of the person concerned.
(4) An employee
shall not be entitled to compassionate leave under this clause during any
period in respect of which the employee has been granted other leave.
(5) Compassionate
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said clause 20A. 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 in clause 18, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, 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.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has 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.
(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 member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays Act
1944, to take annual leave not exceeding five 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.
(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.
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 I 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 Act 1983 - First-aid regulation.
(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 employee 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 WorkCover.
28. NOTATIONS
(i) Annual
Holidays - See Annual Holidays Act
1944. Provided that a full-time
employee shall be entitled t o 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
(Manual Handling) Regulation of 1991.
(iv) Right of
Entry - See Chapter 5 - Part 7 of the Industrial Relations Act 1996.
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:
(Table 2)
Item No.
|
|
|
(a)
|
Section head
|
9
|
|
|
|
(b)
|
Qualified adult automotive parts and accessories
salesperson
|
10
|
|
|
|
(c)
|
An employee who holds a licence under the Liquor (Repeal
and Savings) Act 1982
|
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 motorcar 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.
Clause 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
2000. 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.
PART B
MONETARY RATES
Table 2 - Other Rates and Allowances
Item
|
Clause No.
|
Brief Description
|
Amount $
|
No.
|
|
|
|
1
|
5(a)
|
Night Interval Employees
|
1.70 per shift
|
2
|
5(a)
|
Night Interval Employees (working one night per week)
|
2.68 per shift
|
3
|
6(i), (b), (c)
|
|
|
|
36(i)(d)
|
Meal Allowances
|
9.10
|
|
36(ii)(a)
|
|
|
4
|
6(ii)
|
|
|
|
29(ii)(1)(ii)
|
Breakfast Allowance
|
4.80
|
|
(a)(b)
|
|
|
5
|
14(a)(ii)
|
General Shops -
|
|
|
|
Loading for casual employees working on as Saturday:
|
|
|
|
|
|
|
|
|
|
|
|
Engagements up to and including four hours -
|
|
|
|
Adult Employees
|
4.80 per shift
|
|
|
Employees under 21 years of age
|
3.20 per shift
|
|
|
|
|
|
|
Engagements exceeding four hours -
|
|
|
|
Adult Employees
|
9.80 per shift
|
|
|
Employees under 21 years of age
|
5.40 per shift
|
|
14(a)(iii)
|
|
|
|
|
Special and Confection Shops -
|
|
|
|
Loading for casual employees working on a Saturday:
|
|
|
|
Adult Employees
|
4.80 per shift
|
|
|
Employees under 21 years of age
|
3.20 per shift
|
6
|
14(c)(ii)
|
Confection Shop - Employees working after 10.00pm on
|
1.40 each
|
|
|
any night
|
night
|
7
|
25(i)
|
Laundering Allowance -
|
|
|
|
|
|
|
|
Full-time employee
|
7.80 per week
|
|
|
Part-time and casual employee
|
2.62 per shift
|
|
|
Maximum payment
|
7.80 per week
|
|
|
|
|
|
|
Laundering Allowance for articles which do not require
|
|
|
|
ironing:
|
|
|
|
|
4.70 per week
|
|
|
Full-time employee
|
1.54 per shift
|
|
|
Part-time and casual employee
|
4.70 per week
|
|
|
Maximum payment
|
|
8
|
38(1)(i)2(b)
|
Window Dressers under the age of 21
|
6.90 per week
|
9
|
35(i)(a)
|
Section Head
|
10.00 per
|
|
|
|
week
|
10
|
35(i)(b)
|
Qualified adult automotive parts and accessories
|
22.70 per
|
|
|
salesperson
|
week
|
11
|
35(i)(c)
|
Employees with a licence under the Liquor Act 1982
|
15.60 per
|
|
|
|
week
|
12
|
35(ii)(a)
|
Employee delivering goods
|
3.50 per week
|
13
|
35(ii)(b)
|
Employee engaged in photographic or other modelling
|
33.10 per
|
|
|
|
week
|
|
|
|
6.62 per day
|
14
|
35(ii)(c)
|
First-aid attendant
|
1.32 per day
|
15
|
35(ii)(d)
|
Employee engaged to speak a second language
|
6.70 per week
|
16
|
35(ii)(e)
|
Ticket writer with TAFE qualification-
|
|
|
|
At or over 21 years of age
|
13.30 per
|
|
|
Under 21 years of age
|
week
|
|
|
|
6.65 per week
|
17
|
35(iv)
|
Bicycle Allowance
|
9.60 per week
|
|
|
Motorcycle Allowance
|
28.70 per
|
|
|
|
week
|
18
|
|
Motor Car Allowance:
|
|
|
|
|
|
|
|
up to and
including 2000cc
|
99.90 per
|
|
35(iv)
|
over
2000cc
|
week
|
|
|
allowance
per kilometre travelled
|
119.10 per
|
|
|
|
week
|
|
|
|
30 cents per
|
|
|
|
km
|
19
|
35(iv)
|
Allowance for each kilometre travelled:
|
|
|
|
|
46 cents per
|
|
|
car under
and including 2000cc
|
km
|
|
|
car over
2000cc
|
50 cents per
|
|
35(iv)
|
|
km
|
|
|
Part-time or Casual Retail Merchandiser Local or Country,
|
|
|
|
for the use of his/her vehicle.
|
0.551 per km
|
20
|
35(v)(a)(1)
|
Disability allowance for employees working in freezer room
|
6.40 per week
|
21
|
35(v)(b)(1)
|
Disability allowance for employees working in public dairy
|
9.60 per week
|
|
|
room
|
|
22
|
35(v)(c)(1)
|
Disability allowance for employees backfilling in a
freezer
|
12.80 per
|
|
|
room
|
week
|
23
|
36(i)(a)
|
Casual hourly rate of pay for persons employed at trade
|
|
|
|
fairs, etc, between 9.00am and 6.00pm with a minimum
|
|
|
|
payment of six hours -
|
|
|
|
|
|
|
|
At 19 years of age and over
|
11.52 per hour
|
|
|
Under 19 years of age
|
11.25 per hour
|
|
36(ii)(b)
|
|
|
|
|
Saturday Penalty Rates -
|
|
|
|
Adult Employees
|
4.80
|
|
|
Under 21 years
|
3.20
|
Retail Employees (State) Industrial Committee
Industries and Callings1
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 order person, 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 78 of the Factories, Shops and Industries Act
1962, 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.
T. M.
KAVANAGH, J
____________________
Printed by the authority of the Industrial Registrar.