WOOLWORTHS LIMITED AND WOOLSTAR PTY LIMITED YENNORA, MOOREBANK, HELLES
AVE D.C. AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by National Union
of Workers, New South Wales Branch, industrial organisation of employees.
(No. IRC 2739 of 2004)
|
Before The Honourable
Justice Staunton
|
28 May 2004
|
AWARD
Arrangement
PART A
Clause No. Subject Matter
16. Annual
Leave
1. Anti-Discrimination
3. Area,
Incidence And Duration
29. Attendance
At Repatriation Centres
19. Bereavement
Leave
9. Casual
Employees
4. Definitions
28. Dirty Work
22. Family
Leave
24. Fares And
Travelling Time
27. First-Aid
35. Flexibility
30. General Conditions
15. Holidays
5. Hours Of
Work
23. Jury
Service
17. Long
Service Leave
14. Meal
Allowance
13. Meal And
Rest Breaks
11. Mixed
Functions
34. No Extra
Claims
12. Overtime
21. Parental
Leave
10. Part-Time
Employees
2. Parties
8. Payment
Of Wages
33. Right Of
Entry
36. Redundancy
31. Settlement
Of Disputes
6. Shift
Work
18. Sick Leave
26. Superannuation
25. Terms Of
Engagement
32. Union
Delegates
7. Wages
20. Workers’
Compensation
PART B
MONETARY RATES
Table 1 - Wages
Table 2 - Other Rates
and Allowances
PART A
1.
Anti-Discrimination
1.1 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, martial
status, disability, homosexuality, transgender identity, age and responsibility
as a carer.
1.2 It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
1.3 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.
1.4 Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
1.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
Notes
(a) Employers and employees
may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
2. Parties
The parties to this award are:
The National Union of Workers, New South Wales Branch;
and
Woolworths Limited; and
Woolstar Pty Limited.
3. Area, Incidence
and Duration
This award regulates, in whole and exclusively, the
conditions of employment of all storepersons employed by Woolworths Limited or
Woolstar Pty Limited at:
Moorebank Warehouse, situated at 7 Centenary Avenue,
Moorebank, N.S.W; Helles Avenue Warehouse, Helles Avenue Moorebank; Yennora
Warehouse, situated at cnr Dursley and Fairfield Roads, Yennora, N.S.W.
The award is in full settlement of all rights between the
parties and all pre-existing disputes are subsumed within it.
This award rescinds and replaces Woolworths Limited and
Woolstar Pty Limited Yennora, Moorebank, D.C. Award 2001 published on 5 July
2002 (334 I.G. 1052) and all variations thereof. This award shall take effect from the beginning of the first pay
period to commence on or after 24 September 2003 and shall remain in force
thereafter for a period of 36 months.
4. Definitions
4.1 "Full-time
Employee" - An employee who works on a regular roster totalling 36 hours per
week averaged over a two-week cycle.
4.2 "Part-time
Employee" - An employee who works on a regular roster, a minimum of 16
hours and a maximum of 32 hours per week.
Part-time employees may work additional hours to their rostered shift or
additional hours on a non-rostered day, up to 9 hours per day or 36 hours per
week. These additional hours will be
paid at the applicable ordinary time rate for that day.
4.3 "Casual
Employee" - An employee who works on an on-call basis.
4.4 "Fixed-term
Employee" - An employee engaged as either a full-time or part-time
employee for a specific period in replacement of an employee on authorised
leave. A fixed-term employee shall be
advised, in writing upon commencement, of the date of termination of such
employment.
4.5 "Day
Worker" - An employee who commences and completes a rostered shift between
the hours of 6.00 a.m. and 6.00 p.m., Monday to Sunday, inclusive.
4.6 "Shift
Worker" - An employee who commences a rostered shift before 6.00 a.m. or
completes a rostered shift later than 6.00 p.m., Monday to Sunday, inclusive.
4.7 "Afternoon
Shift" - A shift finishing during the period after 6.00 p.m. and at or
before midnight.
4.8 "Night
Shift" - A shift finishing during the period after midnight or before
8.00 a.m.
4.9 "Early
Morning Shift" - A shift commencing during the period between 4.30 a.m.
and 6.00 a.m.
4.10
"Storeperson Grade 4" - An employee who is a new employee and is
serving a probationary period of three months, which period will include
training and supervision to develop the person to Grade 3 status.
4.11 "Storeperson
Grade 3" - A Storeperson Grade 3 will be required but will not be
restricted to, the duties of receiving/selecting/replenishment/assembling,
loading and unloading goods, cleaning and utilising mechanical, computer
technology and electrical devices for the movement, control and documentation
of goods.
4.12 "Storeperson
Grade 2" - An employee who, in addition to performing the duties of a
Storeperson Grade 3:
(a) is principally
engaged in the operation of materials handling equipment requiring licensing or
certification issued under the relevant WorkCover Regulation; or
(b) is principally
engaged in the co-ordination and control of office despatching duties.
4.13 "Storeperson
Grade 1" - An employee who, in addition to performing the duties of a
Storeperson Grade 2 or 3:
(a) may utilise
computer technology for the receipt and control of goods;
(b) may authorise
transactions within a delegated scope on behalf of the Company; and
(c) works
principally with minimal supervision and may be responsible for the quality of
work of other storepersons without being responsible for their direction.
4.14 "Leading
Hand" - An employee who, in addition to performing the duties of a
Storeperson Grade 1, Grade 2 (if licensed) and/or Grade 3:
(a) shall be
appointed by the employer to assist in the good order of work flow in an
operating area by:
(i) receiving
instructions and allocating the work flow to employees;
(ii) determining
shortages in labour, or material or equipment failures, and bringing any
deficiencies to the employer for consideration;
(b) shall, where a
failure in training or behaviour occurs, disengage himself/herself from further
action and refer the matter to the employer.
Provided that this does not preclude a leading hand from giving training
but only on the general instructions of the employer;
(c) shall not
become involved in planning annual leave rosters or rostered days off, except
by consultation with the employer to ensure an orderly overview of work cover;
(d) shall not
become involved in disciplining of employees for behaviour, absenteeism or
performance;
(e) shall give
advice to the employer or other staff to assist with each of the above, but
only to the extent of ensuring good order and work flow.
4.15 "A
Week" - For all purposes of this award, a week shall be an average of 36
hours over a two-week cycle, Monday to Sunday, inclusive.
4.16 "Work
Roster" - A schedule indicating the days and hours an employee is to report
for duty to complete a two-week work cycle.
4.17 "Rostered
Shift" - A shift forming part of the work roster where an employee is
required to report for duty.
5. Hours of Work
5.1 Ordinary Hours
- Full-time Employees - Full-time employees’ ordinary hours shall not be less
than six hours per day or more than nine hours per day either worked as 36
hours per week, rostered over a 4-day week or an average of 36 hours per week
over a two week cycle. The number of
shifts per week will not exceed five, Monday to Sunday, inclusive. The shifts shall be worked consecutively,
unless by mutual agreement.
5.2 Ordinary Hours
- Part-time Employees - Part-time employees’ ordinary hours shall not be less
than four hours per day or more than nine hours per day. The number of shifts per week will not
exceed five, Monday to Sunday, inclusive.
5.3 Casuals - A
casual employee's ordinary hours shall not be less than four hours per working
shift or more than nine hours in each working shift or more than 36 hours per
week.
5.4 Day Worker - A
day worker’s ordinary hours is exclusive of meal breaks.
5.5 Shift Worker -
A shift worker’s ordinary hours is inclusive of meal breaks.
5.6 Commencing and
Ceasing Times - The time of commencing and ceasing shift, having been
determined, may be varied by mutual agreement or, in the absence of agreement,
by seven days’ notice of the alteration given by the Company to the employee.
5.7 Saturday and
Sunday Work - Saturday and Sunday shall form part of an employee’s work roster;
provided the existing full-time employees, as at 19 June 1995, shall retain the
right to work Saturday and Sunday on a roster based on mutual agreement between
the Company and the employee.
5.8 Saturday
Allowance - A day worker while working Saturday as part of their work roster
shall be paid an allowance of 60 per cent in addition to the ordinary rate
provided for in clause 7, Wages.
5.9 Sunday
Allowance - A day worker whilst working Sunday as part of their work roster
shall be paid an allowance of 100 per cent in addition to the ordinary rate
provided for in the said clause 7.
5.10 Public Holiday
Allowance - A day worker while working a public holiday as part of their work
roster shall be paid an allowance of 200 per cent in addition to the ordinary
rate provided for in the said clause 7.
5.11 Exceptions -
The allowances provided for in subclauses 5.8, 5.9 and 5.10 of this clause
shall not apply to any employee whilst absent on accrued sick leave.
6. Shift Work
6.1 A shift worker
while on afternoon shift shall be paid a shift allowance of 17.5 per cent in
addition to the ordinary rate provided for in clause 7, Wages.
6.2 A shift worker
while on night shift shall be paid a shift allowance of 27.5 per cent in
addition to the ordinary rate provided for in the said clause 7.
6.3 A shift worker
while on early morning shift shall be paid a shift allowance of 12.5 per cent
in addition to the ordinary rate provided for in the said clause 7.
6.4 A shift worker
working on a Saturday early morning, afternoon or night shift as part of their
normal work roster shall be paid, in addition to the ordinary hourly rate, an
allowance of 60 per cent in addition to the shift allowances in subclauses 6.1,
6.2 and 6.3 of this clause.
6.5 A shift worker
working on a Sunday early morning, afternoon or night shift as part of their
normal work roster shall be paid, in addition to the ordinary hourly rate, an
allowance of 100 per cent which substitutes for the shift allowances in
subclauses 6.1, 6.2 and 6.3.
6.6 Where shifts
commence between 11.00 p.m. and midnight, the time so worked before midnight
shall not entitle the employee to any allowances applicable to that day,
provided that the time worked between 11.00 p.m. and midnight is applied to any
allowance applicable to the day in which the majority of the shift is
worked. Where shifts fall partly on two
days, the day on which the major portion of the shift falls shall be regarded
as that day.
6.7 Shift
allowances provided in subclauses 6.4 and 6.5 of this clause shall not apply to
any employee whilst absent on accrued sick leave. All other shift allowances prescribed by this clause shall apply
to any employee absent on accrued sick leave.
6.8 Shift
allowances shall be payable for absence on annual leave in accordance with
clause 16, Annual Leave.
7. Wages
7.1 The wages
payable from the beginning of the first pay period to commence on or after 24
September 2003 and thereafter, are set out in Table 1 - Wages, of Part B,
Monetary Rates.
7.2 The wages
prescribed herein include a consideration for dress and uniform. These wages will be referred to as the
ordinary rates.
7.3 The following
employees shall receive per hour an allowance as set out in Item 1 of Table 2
- Other Rates and Allowances, of Part
B, Monetary Rates, for all time worked in cleaning duties (excluding employees
engaged in dirty work - see clause 28, Dirty Work) at the Yennora Warehouse:
Mr R. Archipov, Mr P. Paulic, Mr J. Pinochet, Mr L.
Gentile, Mr D. Jacobs, Mr E. Mathers, Mr R. Waters, and Mr D. Stanivukovic.
8. Payment of Wages
8.1 Wages shall be
paid weekly on a day not later than Thursday of each week, for the pay week finishing
the previous Sunday.
8.2 Payment for
all employees shall be via electronic funds transfer to an acceptable financial
institution.
8.3 Employees
shall advise a financial institution and account number at the time of
employment and may nominate a second account for a standard deduction.
8.4 Where
employment is terminated, an employee shall be paid forthwith all ordinary
wages due and shall be paid all overtime and other monies due within seven days
of the date of the termination of employment.
8.5 The employer
has the right to introduce a Fortnightly Pay Cycle to replace the conditions of
8.1 during the life of the agreement.
The introduction will be on the basis that no employee would be
financially disadvantaged at the time of the transition. Transitional arrangements are to be agreed
prior to the introduction of the new pay cycle at 8.1
9. Casual Employees
9.1 A casual
employee may be employed for not less than four hours each start and not more
than nine hours at the ordinary hourly rate which is equivalent to one
thirty-sixth of the ordinary weekly rate, plus 15 per cent casual loading. A casual employee shall be paid overtime for
any hours in excess of 36 hours per week.
9.2 Casual
employees shall be paid in accordance with the provisions of the award with
respect to shift allowances, weekend allowances and public holiday allowances
in addition to the 15 per cent casual loading.
9.3 In accordance
with the Annual Holidays Act 1944, casuals will receive one-twelfth of
their ordinary hourly rate in lieu of annual leave.
10. Part-Time
Employees
10.1 Part-time
employees shall be paid an ordinary hourly rate equal to the appropriate
ordinary weekly rate divided by 36. The
provisions of this award with respect to sick leave, annual leave, bereavement
leave and holidays shall apply on a pro rata basis.
10.2 The provisions
of this award with respect to shift allowance, weekend allowances, public
holiday allowances and overtime shall apply as for full-time employees.
11. Mixed Functions
11.1 An employee
employed for 4.5 hours or more per day or 18 hours or more per week for work
other than on which the employee regularly is employed and for which a higher
rate of pay is provided herein, shall receive such higher rate of pay for the
whole day or the whole week, as the case may be, whilst so employed. If employed for less than 4.5 hours on any
day, he/she shall receive such higher rate of pay whilst so employed.
11.2 No employee
shall suffer any reduction in wages if temporarily employed on work other than
that on which the employee is regularly employed and for which a lower rate of
pay is provided for herein.
11.3 Employees who
perform higher functions for more than 100 whole days during a 12 month period
(from the date of operation of this agreement) shall be eligible for
reclassification to that higher function.
12. Overtime
12.1 Overtime shall
mean all time worked before the fixed starting time or after the fixed ceasing
time, or in excess of 36 hours per week or an average of 36 hours per week over
a two week cycle.
12.2 Casual
employees shall be paid at overtime rates for all work:-
(a) In excess of 9
hours per day;
(b) In excess of
36 hours per week or an average of 36 hours per week over a two week cycle.
12.3 Overtime shall be
paid for at the following rates:
(a) Overtime
worked between Monday and Friday shall be paid at the rate of time and one-half
for the first two hours and at the rate of double time thereafter.
(b) Overtime on a
Saturday will be paid at the rate of time and one-half for the first two hours
and double time thereafter, with a minimum payment of four hours, for those
workers not working as part of their normal rostered shift.
(c) Overtime on a
Sunday shall be paid for at the rate of double time and a half, with a minimum
payment of four hours, for those workers not working as part of their normal
rostered shift.
12.4 The employer
may require employees to work reasonable overtime to meet the needs of the
business.
12.5 When overtime
is worked it shall, wherever reasonably practicable, be so arranged that
employees have at least ten consecutive hours off duty between the work of
successive days.
An employee who works so much overtime between the termination
of ordinary hours on one day and the commencement of ordinary work on the next
day that the employee has not had at least ten consecutive hours off duty
between those times, shall be released after completion of such overtime until
the employee has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
If, on the instructions of the employer, such an
employee resumes or continues work without having had such ten consecutive
hours off duty, the employee shall be paid at overtime rates until released
from duty for such period.
This subclause shall not apply in respect to overtime
worked on days when the employee is not rostered to work.
13. Meal and Rest
Breaks
13.1 Meal Break -
All employees working in excess of five hours shall be allowed a 30- minute
period for a meal break. The time shall
be fixed by the employer but once having been fixed shall not be altered
without seven days’ notice or by mutual agreement. The meal break will be an unpaid break for day workers and will
be a paid break for shift workers.
13.2 Rest Break -
Employees working six hours will be allowed a paid rest break at a time set by
the employer in addition to the meal break. Employees entitled to a meal break
working less than six hours will be allowed a meal break only.
This clause seeks to fully describe the circumstances
in which rest breaks are taken so as to record present practices as at 24
September 1998. Present practices at
both sites are agreed and confirmed in this subclause.
Moorebank and Yennora -
Day Work - One 12-minute rest break taken in the first
half of the rostered shift and one ten-minute paid rest break taken at the end
of the shift (allowing employees to finish their rostered shifts ten minutes
early).
Shift Work - One 12-minute paid rest break in the first
half of the shift.
Moorebank Afternoon Shift - Shall have a further paid
ten-minute rest break at the end of the shift (allowing employees to finish
their rostered shifts ten minutes early).
Overtime Moorebank -
Day Shift - When working two hours or more overtime
before their normal shift will be allowed a paid 12-minute rest break before
the commencement of their shift.
Afternoon Shift - When working two hours or more
overtime before their normal shift will be allowed a paid ten-minute rest break
before the commencement of their shift.
Moorebank and Yennora -
Breaks Adjacent to Overtime - Subject to the above, rest
breaks adjacent to overtime for both day work and shift work are unpaid.
13.3 An employee
working overtime shall be allowed a paid meal break of 20 minutes after each
five hours of overtime worked.
13.4 Should overtime
continue in excess of five hours, a paid meal break of 20 minutes shall be
allowed for each subsequent completed five hours worked, the said five hours to
be calculated from the time of each recommencement of work.
13.5 An employee
required to work eight hours or more overtime on a rostered day off or a
non-rostered public holiday shall be allowed one 12-minute rest break and one
30-minute paid meal break
13.6 Provided that
the employer and employees may mutually agree to any variation of this clause
to meet the circumstances of the work in hand.
13.7 The rest breaks
and meal breaks are inclusive of wash-up time with no wash-up time permitted at
the end of each shift.
14. Meal Allowance
14.1 An employee who
works overtime for more than one hour before the fixed starting time or after
the fixed ceasing time of their regular rostered shift shall be paid for such
day a meal allowance of an amount set out in Item 2 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates.
Such payment shall be paid by EFT and be included in the payment of
weekly wages, as an after tax payment. This allowance will be indexed with
future wage increases.
14.2 An employee who
undertakes to work overtime nominated by their employer, then fails to work the
full period of nominated overtime, shall forfeit the right to payment of the
meal allowance.
15. Holidays
15.1 All statutory
or gazetted public holidays observed generally throughout the State of New
South Wales, being New Year’s Day, Australia Day, Easter Saturday, Easter
Monday, Anzac Day, Queen’s Birthday, Eight-hour Day, Boxing Day and an agreed
picnic day being 30 August, shall be worked if they form part of an employee’s
normal working roster.
15.2 The statutory
or gazetted public holidays of Christmas Day and Good Friday will be observed
as public holidays.
15.3 If employees
are rostered to work on a public holiday, seven days’ notice will be provided
if their employer does not require the employee to work. Notwithstanding the giving of such notice,
employees rostered to work on a public holiday shall be paid their ordinary
rate of pay for that day.
15.4 Employees
working on public holidays as part of their normal work roster, other than Good
Friday and Christmas Day, shall be paid 200 per cent for hours worked in addition
to the ordinary hourly rate with a minimum of six hours, unless the employee’s
rostered shift is less than six hours.
This rate shall substitute for any shift or weekend allowances.
By mutual agreement employees may be rostered for 4
hour shifts on Public Holidays.
15.5 Employees
working on Christmas Day or Good Friday shall be paid 300 per cent for hours
worked in addition to the ordinary hourly rate with a minimum of six
hours, unless the employee’s rostered
shift is less than six hours. This rate
shall substitute for any shift or weekend allowances.
15.6 Where a
full-time employee who is entitled to an RDO and such RDO falls on a public
holiday, they shall be entitled to one of the following:
(a) payment of an
additional day’s wage;
(b) a substitute
day which shall be a similar day eg Friday for Friday, provided that the day
taken as a substitute RDO shall be determined by the employer, within a period
of four weeks prior or subsequent to the public holiday occurring.
15.7 An employee absent
without leave on the day before or the day after any holiday shall forfeit
payment for such holiday, except where the employer is satisfied by a medical
certificate the employee’s absence was caused by illness; provided an employee
absent on one day only either before or after a group of holidays shall forfeit
wages for only one holiday.
15.8 The picnic day
is not to be considered a closed day for the industry. Those full-time employees who are employed
as at 30 August with the mutual agreement between the employer and the
employee, elect to:
(a) receive one
extra day’s pay;
(b) have one day
added to annual leave; or
(c) take an
alternative day in lieu.
15.9 Part-time
employees who are employed as at 30 August will be paid for the picnic day on a
pro rata basis.
16. Annual Leave
16.1 See Annual
Holidays Act 1944.
16.2 Employees
engaged in seven-day continuous shift work (that is, full-time employees who
may be rostered to work ordinary hours on any days of the week including Saturdays,
Sundays and public holidays) will receive one week’s leave in addition to that
prescribed by the Annual Holidays Act 1944.
16.3 An employee at
the time of commencing annual leave, in accordance with the said Act, shall be
entitled to an additional payment in respect of the period of employment to
which the said leave is referable of 25 per cent, calculated on the ordinary
weekly time rate of pay and shall include any shift allowances but shall not
include commissions, bonuses, incentive payments, overtime rates or any other
payments prescribed by this award.
16.4 The loading
prescribed herein shall be paid on termination of employment where the annual
leave which has become due to the employee is outstanding at the time of
termination.
16.5 The provisions
of subclause 16.4 of this clause shall not apply where an employee is dismissed
for misconduct, nor shall it apply to pro rata holiday pay paid on termination
of employment.
17. Long Service
Leave
17.1 See Long
Service Leave Act 1955.
18. Sick Leave
18.1 An employee
who, after not less than three months’ continuous service with the employer, is
unable to attend for duty during their ordinary working hours by reason of
personal illness or incapacity, including incapacity resulting from injury
within the meaning of the Workplace Injury Management & Workers
Compensation Act 1998 or Workers Compensation Act 1988, not due to
their own serious and wilful misconduct, shall be entitled to be paid at
ordinary time rates of pay for the time of such non-attendances. Provided that once an employee has had three
months’ continuous service with an employer, they shall be paid for the time of
such non-attendance during the first three months. Provided, however, that they
shall not be entitled to paid leave of absence for any period in respect of
which they are entitled to workers’ compensation.
18.2 The employee
shall, prior to the commencement of such absence or as soon as possible, inform
the employer of their inability to attend for duty and, as far as possible,
state the nature of the injury or illness and the estimated duration of the
incapacity.
18.3 The employee
shall not be entitled to payment unless the employee provides proof,
satisfactory to their employer, that the employee was unable on account of such
illness to attend for duty on the day or days for which payment under this
clause is claimed.
18.4 The employee
shall not be entitled to sick leave in excess of the following:
In the first year - 44 hours.
In the second year and up to and including the fourth
year of employment - 60 hours.
In the fifth year and thereafter - 72 hours.
The rights under this clause accumulate from year to
year so that any part of a week which has not been allowed in any year may, subject
to the conditions prescribed by this clause, be claimed by the employee and
shall be allowed by the employer in a subsequent year of employment.
18.5 An employee who
is absent without leave on the working day before or after a rostered day off
shall be liable to forfeit wages for the working day except where the employee
produces medical evidence that is satisfactory to the employer, to the extent
that the absence was caused through personal illness or injury.
18.6 No employee
shall be retired on the grounds of ill health until their accumulated sick
leave credits have been exhausted or unless the cash value of the accumulated
sick leave credit has been paid to the employee on termination of employment.
18.7 Entitlements
within this clause do not extend to an employee on their rostered days off.
18.8 Employees under
this award shall in any year of employment, be allowed three separate single
days absence on account of personal illness or injury without production of
proof of such illness or injury.
18.9 All other sick
leave shall be subject to proof as provided in subclause 18.3 of this clause.
18.10 All Employees
Shall, When Returning to Work After an Absence, Report to Their Respective
Supervisor and, Where Necessary, Inform the Supervisor of the Reason for the
Absence.
18.11 Provided that
where an employer has reasonable proof to suspect that an employee has abused
their entitlements under this subclause, the employer and the Union shall
investigate and discuss the matter.
19. Bereavement Leave
19.1 An employee on
the death of a person prescribed in subclause 22.1(c) will be entitled on
notice to leave including the day of the funeral of such relation, and such
leave shall be without deduction of pay for a period not exceeding the number
of hours worked by the employee in three ordinary days work. In the case of
attendance of a funeral of such relation outside Australia, such leave shall be
without deduction of pay for a period not exceeding the number of hours worked
by the employee in five ordinary days’ work. Proof of such death shall be
furnished by the employee to the satisfaction of their employer, if so
requested, together with proof of attendance in the case of a funeral outside
Australia.
19.2 Where the death
of a named relative herein occurs outside Australia and the employee does not
attend the funeral, the employee shall be entitled to one day only, unless they
can demonstrate to their employer that additional time up to a period of three
days was justified.
19.3 Provided that
this clause shall have no operation while the period of entitlement to leave
under it coincides with any other period of entitlement to leave.
19.4 For the purpose
of this clause, the word spouse shall not include a wife or husband from whom
the employee is legally separated but shall include a person who lives with the
employee as a de facto wife or husband.
19.5 Entitlements
under this clause do not extend to an employee on their rostered day off.
20. Workers’
Compensation
20.1 See Workplace
Injury Management and Workers Compensation Act 1998 or Workers
Compensation Act 1987 or any Act that may replace the said Acts.
21. Parental Leave
21.1 See Parental
Leave Provisions of the Industrial Relations Act 1996.
22. Family Leave
22.1 Use of Sick
Leave
(a) An employee
with responsibilities in relation to a class of person set out in section (2)
of subparagraph (c) of this subclause who needs their care and support shall be
entitled to use, in accordance with this subclause, any sick leave entitlement
which accrues after 20 March 1996 for absences to provide care and support for
such persons when they are ill.
(b) The employee
shall, if required, establish by production of a medical certificate or
statutory declaration the illness of the person concerned.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) 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 and 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 stepchild, 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:
"relative" means a person related by blood,
marriage, affinity;
"affinity" means a relationship that one spouse,
because of marriage, has to blood relatives of the other; and
"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 their
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.
22.2 Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a class of person, set out in section
(2) of subparagraph (c) , who is ill.
22.3 Annual Leave
(a) To give effect
to this clause, but subject to the Annual Holidays Act 1944 an employee
may elect, with the consent of the employer, to take annual leave not exceeding
five days in any calendar year at a time or times agreed upon by the parties.
(i) Access to
annual leave, as prescribed in this subclause shall be exclusive of any
shutdown period provided for elsewhere under the award.
(ii) 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.
22.4 Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time in lieu of payment
for overtime at a time or times agreed upon with employer.
(b) 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.
(c) An employer
shall, if requested by an employee, provide payment at the rate provided for
the payment of overtime in the award for any overtime worked under paragraph
(a) of this subclause where such time has not been taken within four weeks of
accrual. Notwithstanding anything
contained elsewhere in this subclause, on notice from the employer an employee
must elect, within six months of accrual, whether to take overtime worked under
the said paragraph (a) as an overtime payment or as time off worked at the
ordinary-time rate of pay.
22.5 Make-Up Time
An employee may elect, with the consent of their
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.
22.6 Grievance
Process
In the event of any dispute arising in connection with
any part of this clause, such dispute shall be processed in accordance with
clause 31, Settlement of Disputes.
23. Jury Service
23.1 An 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 ordinary rate of pay as if working.
23.2 An employee
shall be required to produce to their employer proof of jury service fees
received and proof of requirement to attend and attendance on jury service and
shall give their employer notice of such requirements as soon as practicable
after receiving notification to attend for jury service.
23.3 Entitlements
under this clause do not apply to an employee on a rostered day off.
24. Fares and
Travelling Time
24.1 Employees
temporarily transferred shall be reimbursed any extra fares or expenses
involved, together with payment for all extra time spent travelling.
25. Terms of
Engagement
25.1 Employment
shall be on a weekly basis, except casuals who shall be on an hourly basis.
25.2 Employment of
full-time, part-time and casual employees during the first three months of
service shall be probationary and from day to day at the pro rata weekly rate,
terminable by a day’s notice on either side, but the employer shall indicate
clearly to an employee at the time of engagement whether the employee is being
engaged as a casual employee, a full-time or part-time employee.
25.3 Subject to
subclause 25.5, employment after the first three months shall be terminable
upon the giving of one week’s notice or payment in lieu thereof.
25.4 Formal
Counselling Procedure - Employees, other than probationary employees will be subject
to a formal counselling procedure before termination of employment may take
place. The procedure being:
(a) First
Counselling - explaining reasons with a Union Delegate present if so requested
by the employee.
(b) Second
Counselling - explaining reasons with a Union Delegate present if so requested
by the employee.
(c) Dismissal -
explaining reasons with a Union Delegate present if so requested by the
employee.
(d) Written
details will be kept of all meetings.
(e) A copy of the
written details referred to in paragraph (d) of this subclause will be
forwarded to the employee and the Secretary of the Union in respect of
employees who are members of the Union.
(f) The employer
will, if requested to by the Union, discuss with the Union the length of time
the employer regards the warning as being current for the purposes of the first
and second steps of the procedure referred to above.
25.5 In the case of
misconduct justifying instant dismissal, an employee may be instantly
dismissed.
26. Superannuation
26.1 See the
Storemen and Packers - Grocery and Variety Warehouse (State) Superannuation
Award, published 22 February 1991 (261 I.G. 426).
27. First-Aid
27.1 See Occupational
Health and Safety Act 2000, and Regulations as amended from time to time.
27.2 A qualified
first-aid attendant who is appointed to carry out the duties of a qualified
first-aid attendant shall be paid per week as set out in Item 3 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates, in addition to the
appropriate rate. This allowance will
be indexed with future wage increases.
27.3 When a relief
qualified first-aid attendant is required to be appointed under the Act they
shall be paid the said additional allowance whilst engaged on such relief on a
pro rata basis.
28. Dirty Work
28.1 An employee
engaged in the physical handling, sorting and attempted recovery of broken and
damaged stock within the recognised central damaged stock area shall be paid per
hour for each hour so employed a dirty work allowance of an amount as set out
in Item 4 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
28.2 This special
rate is a flat payment and shall not be taken into account when calculating any
other payments to which the employee may be entitled.
28.3 This special
rate will be indexed with future wage increases.
29. Attendance at
Repatriation Centres
29.1 Employees being
ex-service personnel, shall be allowed as time worked, lost time incurred
whilst attending repatriation centres for medical examination and/or treatment;
provided that:
(a) such lost time
does not exceed four hours on each occasion;
(b) payment shall
be limited to the difference between ordinary wage rates for time lost and any
payment received from the Department of Veteran Affairs as a result of each
such visit;
(c) the employee
produces satisfactory evidence to their employer that the employee is so
required to and subsequently does attend a repatriation centre.
29.2 Entitlements
under this clause do not extend to an employee on a rostered day off.
30. General
Conditions
30.1 Each employee
on the termination of engagement shall, on request, be given a statement, in
writing, stating the position held by the employee and the length of service.
30.2 Employees shall
be provided with reasonable dining accommodation, locker change rooms, adequate
washing and toilet facilities and a plentiful supply of hot water and
refrigerated water for drinking.
30.3 Adequate
waterproof clothing shall be supplied to all employees working in the rain.
31. Settlement of
Disputes
31.1 Any dispute
arising out of employment shall be referred by the Union Delegate to the
employers' representatives appointed for this purpose.
31.2 Failing
settlement at this level between the employer and the Union Delegate on the
job, the Union Delegate shall refer the dispute within 24 hours to the Union
Organiser, who will take up the matter with the employer.
31.3 All efforts
shall be made by the employer and the Union Organiser to settle the matter but,
failing settlement, the Union Organiser shall refer the dispute to the Union
Secretary and the employer shall refer the dispute to the Australian Retailers
Association, NSW Division (ARA-NSW) and the Union Secretary shall take the
matter up with the ARA-NSW.
31.4 During the
discussions, the status quo shall remain and work shall proceed normally.
"Status quo" shall mean the situation existing immediately prior to
the dispute or the matter giving rise to the dispute.
31.5 At any time
either party shall have the right to notify the dispute to the Industrial
Registrar.
32. Union Delegates
32.1 Where an
employee is elected as a Union Delegate by their fellow employees and the Union
notifies the employer, the Union Delegate shall be allowed by the employer such
time as is necessary to interview the employer or its representatives on
matters affecting the employees represented.
32.2 Union Delegates
elected in accordance with clause 32.1, will be able to attend approved union
training courses aimed at improving their role as site/shift delegates. The number of days will be 10 (collectively)
per Distribution Centre per year.
33. Right of Entry
33.1 See Industrial
Relations Act 1996, Chapter 5, Part 7 (entry and inspection by officers of
industrial organisations) or any legislation replacing that provision.
34. No Extra Claims
34.1 It is a term of
this award that both parties undertake for the duration of the award not to
pursue any extra claims unless in accordance with the State Wage Case. Both
parties recognise that the wages as expressed incorporate payments due under
the Minimum Rates Principle.
35. Flexibility
35.1 An employer may
direct an employee to carry out such duties as are within the limits of the
employee’s skill, competence and training.
35.2 Employees shall
take all reasonable steps to achieve quality, accuracy and completion of any
job or task assigned to the employee.
35.3 Employees shall
not impose any restrictions or limitations on a reasonable review of work
methods. All reviews carried out by the
employer will take into account the potential impact on occupational health and
safety.
36. Redundancy
The company and the union agree that
leave is reserved for the parties to reach agreement in relation to a
redundancy package during the nominal term of this award.
Part B
MONETARY RATES
Adult Basic Wage:
$121.40 Per Week
Table 1 - Wages
|
Classification
|
As at
|
As at
|
As at
|
As at
|
|
|
24.9.2003
|
24.3.2004
|
24.9.2004
|
24.9.2005
|
|
|
$
|
$
|
$
|
$
|
|
Storeperson Grade 4
|
669.90
|
683.30
|
717.47
|
753.34
|
|
Storeperson Grade 3
|
669.90
|
683.30
|
717.47
|
753.34
|
|
Storeperson Grade 2
|
685.57
|
699.28
|
734.24
|
770.96
|
|
Storeperson Grade 1
|
710.17
|
724.38
|
760.60
|
798.63
|
|
Leading Hand
|
741.44
|
756.26
|
794.07
|
833.78
|
Table 2 - Other
Rates and Allowances
|
Item.
|
Clause
|
Brief Description
|
As at
|
As at
|
As at
|
As at
|
|
No
|
No.
|
|
24.9.2003
|
24.3.2004
|
24.9.2004
|
24.9.2005
|
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
7.3
|
Cleaning duties
|
0.36
|
0.37
|
0.39
|
0.41
|
|
|
|
Allowance (Yennora
|
per hour
|
per hour
|
per hour
|
per hour
|
|
|
|
Warehouse)
|
|
|
|
|
|
2
|
14.1
|
Meal Allowance
|
9.64
|
9.83
|
10.32
|
10.84
|
|
3
|
27.2
|
First Aid Allowance
|
17.61
|
17.97
|
18.87
|
19.81
|
|
|
|
|
per week
|
per week
|
per week
|
per week
|
|
4
|
28.1
|
Dirty Work
|
0.41
|
0.42
|
0.44
|
0.46
|
|
|
|
Allowance
|
per hour
|
per hour
|
per hour
|
per hour
|
This award has not been entered into under duress.
P. J. STAUNTON J.
____________________
Printed by
the authority of the Industrial Registrar.