WOOLWORTH'S SUPERMARKETS AND WAREHOUSE ADMINISTRATION (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Woolworths Ltd.

 

(No. IRC 6802 of 2004)

 

 

AWARD

 

Clause No.          Subject Matter

 

1.         No Extra Claims

2.         Flexibility of Work

3.         Definitions

4.         Proof of Age

5.         Termination of Employment

6.         Hours

7.         Shift Work

8.         Rest Pauses and Meal

9.         Rostered Day Off Falling on a Holiday

10.       Wages/Allowances

11.       Relieving in Higher Position

12.       Travel Expenses

13.       Overtime

14.       Meal Allowance

15.       Payment of Wages

16.       Public Holidays

17.       Sick Leave

17A.    Leave of Absence

17B.     Personal Carers Leave

18.       Compassionate Leave

19.       Jury Service

20.       Long Service Leave

21.       Annual Holidays

22.       Annual Holidays Loading

23.       Family Leave

24.       Parental Leave

25.       Achieving Company Standards

26.       Settlement of Disputes and Grievances

27.       Commitment to Training and Careers

28.       Redundancy

29.       Introduction of Change

30.       Union Deductions

31.       Superannuation

32.       Leave Reserved

33.       Anti-Discrimination

34.       Induction of New Employees

35.       Right of Entry

36.       Area Incidence and Duration

 

1.  No Extra Claims

 

It is a term of this award that the parties undertake, for the duration of this award, not to pursue any extra claims in accordance with state wage case principles.

 

2.  Flexibility of Work

 

Subject to the provisions of this clause, the Company 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.  All reviews carried out by the employer will take into account the potential impact on occupational health and safety.

 

3.  Definitions

 

(i)         Casual employees means an employee who is engaged and paid as such an hourly rate, equal to the weekly rate divided by 38 plus 15 per cent plus 1/12th holiday pay with a minimum daily engagement of four hours and maximum daily engagement of 11 hours, with not more 38 ordinary hours.

 

(ii)        Full time employee means an employee  engaged to work an average of 38 ordinary hours per week over a 4 week period, pursuant to clause 6 - Hours

 

(iii)       Part-time employees shall be paid an hourly rate equal to the total appropriate weekly rate divided by thirty eight.  The provisions of this award with respect to sick leave and holidays shall apply to part-time employees on a pro-rata basis.

 

Notwithstanding the above provisions a part-time employee may be offered hours, on a voluntary basis, which are in addition to the employee's regular rostered hours provided that such additional hours are:

 

(a)        in conjunction with an existing shift or on a non-rostered day

 

(b)        not in excess of daily or weekly maximum hours elsewhere provided in this award without the payment of overtime.

 

(c)        in accordance with the relevant roster principles and

 

(d)        paid at the stipulated casual hourly rate of pay plus 1/12th loading, which shall be in lieu of annual leave, sick leave or any other forms of leave.

 

(iv)       A Temporary employee means a person engaged as either a full-time or part-time employee for a specific period.  A temporary employee shall be advised in writing upon commencement of the date of termination of such employment.

 

Employees engaged for these temporary periods shall work under the same terms and conditions of employment as regular full-time and part-time employees.

 

(v)        Grade 1 means employees engaged in manual clerical duties, e.g. Mail Assistants

 

(vi)       Grade 2 means employees engaged in the clerical duties involving and utilising computer equipment such as Microsoft Office Systems including Word, Excel and data entry.

 

(vii)      Grade 3 means an employee engaged in higher level clerical duties such as secretarial, Section Supervisors and Payroll/Award interpretation.

 

(viii)     A weekly employee means a full time or part time employee.

 

(ix)       Ordinary pay is defined as the remuneration for the worker’s normal weekly hours of work calculated at the ordinary time rate of pay excluding overtime payments.

 

(x)        Supermarkets Administration shall include employees located at Yennora Administration Centre, corner of Fairfield and Dursley roads, Yennora and Blacktown State Office, Patrick Street, Blacktown.

 

(xi)       Warehouse Administration shall include employees located at Yennora Warehouse, Homebush Warehouse, Moorebank warehouse and Minchinbury warehouse..

 

4.  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, by statutory declaration or birth certificate.  When an employee cannot prove age in the ordinary way production of a passport, military or naval discharge or Consular document shall be proof of age.

 

5.  Termination of Employment

 

(i)         In the case of misconduct justifying instant dismissal an employee may be instantly dismissed.

 

(ii)

 

(1)        In all other cases to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of continuous service	Period of notice
During the first month of employment	A moment's notice
1 year or less	1 week
1 year and up to the completion of 3 years	2 weeks
3 years and up to the completion of 5 years	3 weeks
5 years and over	4 weeks

 

(2)        In addition to the notice prescribed in subparagraph (i) hereof, 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.

 

(3)        Payment in lieu of the notice prescribed in subparagraphs (i) and/or (ii) hereof 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.

 

(4)        In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had the employment not been terminated shall be used.

 

(5)        The period of notice in this clause shall not apply in the case of dismissal for misconduct, or in the case of casual employees, or employees engaged for a specific period of time or for a specific task or tasks.

 

(iii)       The period of notice of termination required to be given by an employee shall be two weeks. If however an employee is required to begin with a new employer within one week of their resignation, only one week's notice will be required. If the employee fails to give notice the employer shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay for the period of notice.

 

(iv)       An employee whose employment is terminated by the employer on the business day preceding a holiday or holidays otherwise than for misconduct shall be paid for such holiday or holidays, but this provision shall not apply to an employee employed for the two weeks or less.

 

(v)        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 its termination.

 

6.  Hours

 

(i)         Weekly Hours - The ordinary hours of work of employees shall not exceed an average of thirty eight per week over a four week cycle, Monday to Sunday, inclusive, and, save for the meal times prescribed, all time between the actual commencing time and the actual ceasing time on any day shall count and be paid for as time worked.

 

Provided that weekly existing employees employed in Warehouse administration as at 1st June, 1994 shall retain the right to a Monday to Friday working week, unless by mutual agreement between the employee and the employer.

 

Provided that weekly existing employees employed in Supermarket Administration as at 19th April, 1994 shall retain the right to a Monday to Friday working week, unless by mutual agreement between the employee and the employer.

 

A cycle of 19 working days in four weeks with at least once every two weeks an employee shall be granted two consecutive days off (not including the 19 day month RDO). Provided that by mutual award some other roster arrangement may be worked not exceeding 20 days in a four week cycle.

 

Except full-time employees engaged in Warehouse Administration prior to 1st June 1994, who shall retain the right to work the quantum of hours per fortnight, applicable at the time. By mutual agreement such employees may work a roster with a quantum not exceeding an average of 38 hour per week.

 

Except full-time employees engaged in Supermarkets Administration prior to 19th April, 1994, who shall retain the right to work the quantum of hours per fortnight, applicable at the time. By mutual agreement such employees may work a roster with a quantum not exceeding an average of 38 hour per week.

 

The minimum number of ordinary hours which may be worked on any one day shall be for full-time employees 4 hours and part-time employees 4 hours. The maximum number of ordinary hours which may be worked on any one day shall be 11 hours.

 

New employees who are employed after the 31st May 2001 will not be offered the option of the 19 day month (RDO).

 

(ii)        Commencing Time - The commencing time of the ordinary hours of work shall be 6.00am.

 

(iii)       Ceasing Time - The times for the cessation of the ordinary hours of work by employees shall not be later than 6.00pm.

 

(iv)       An employee whose ordinary working period includes a Saturday, Sunday or holiday as an ordinary working day shall be paid:-

 

Saturday	time and one quarter
Sunday	time and one half
Holiday	double time and one half

 

(v)        Within the commencing and ceasing times prescribed, employees shall be given a regular starting and ceasing time for each day, in writing, 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.

 

Provided that for Supermarket Administration employees, as at 19 April 1994, hours outside of 7.00am to 5.30pm shall only be by way of mutual award.

 

(vi)       Weekly employees who are unable to work a part of their rostered hours due to some unforeseen pressing family matter, may be allowed, at the initiation of the employee and with the mutual agreement of the Department Manager make up the number of hours lost, at some arranged time convenient to the Company, within the next 28 days.

 

7.  Shift Work

 

(i)         Definition of shifts in this clause.

 

"Afternoon Shift" means any shift finishing after 6.00 p.m. and at or before midnight.

 

"Night Shift" means any shift finishing subsequent to midnight and at or before 8.00 a.m. and any shift where ordinary hours commence prior to 4.00 a.m.

 

"Early Morning Shift" means a regular shift commencing between 4.00 a.m. and 6.00 a.m.

 

(ii)        Hours, Shift Allowances, Special Rates, Meal Interval-

 

(a)        Notwithstanding any other provisions of this award an employee may be employed upon shifts Monday to Sunday inclusive, in which case the ordinary hours shall not exceed eleven in any day; or one hundred and fifty-two per four week cycle.

 

(b)        Times of beginning and ending the shift of any employee may be varied in the event of an emergency, or in any case by agreement between the employee and the employer, or in the absence of agreement by at least one week's notice given by the employer to the employee.

 

(c)        A shift worker employed on shift shall for work done during the ordinary hours of any such shift be paid ordinary rates prescribed by clause 10, Wages

 

Afternoon shift	at the rate of 17%
Night Shift	at the rate of 25%
Early Morning Shift	at the rate of  7%

 

(d)        A shift worker whose ordinary working period includes a Saturday, Sunday or holiday as an ordinary working day shall be paid:-

 

Saturday	time and one quarter
Sunday	time and one half
Holiday	double time and one half

 

(e)        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 his/her 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.

 

(f)         Twenty minutes shall be allowed to a shift worker for a meal during each shift before the expiration of five hours. Such meal break shall be counted as time worked.

 

(iii)       Special Rates Not Cumulative- The penalties prescribed by this clause are in substitution for and not cumulative upon the shift allowances prescribed in subclause ii) of this clause.

 

8.  Rest Pauses and Meals

 

(i)         Where the employee works more than four ordinary hours on any day shall be allowed a rest pause of ten minutes, counted and paid for as time worked.

 

(ii)        Meal breaks shall not count as time worked.

 

(iii)       Each employee works five hours or more on any day shall be allowed a rest pause of ten minutes and a meal break of between 30 minutes and one hour. A part time employee may work six hours without a meal break where they work a six hour shift. However, this arrangement is subject to the employee's agreement.

 

(iv)       An employee who works nine ordinary 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.

 

(v)        The meal breaks prescribed in this clause shall be given and taken so as not to interfere with the continuity of work and to meet special cases mutual agreement may be made between the employee and employer regarding meal times.

 

9.  Rostered Day Off Falling on a Holiday

 

Where an employee's rostered day off falls on a day prescribed as a holiday, the employee shall be paid by mutual agreement between the employer and the employee in one of the following methods:

 

(i)         Payment of an additional day's wages.

 

(ii)        Addition of one day to the employee's annual holidays.

 

(iii)       Another day may be allowed off with pay to the employee within twenty-eight days after the holiday falls.

 

(iv)       Another day off either immediately before or after the day of the public holiday.

 

10.  Wages & Allowances

 

(i)         The minimum rates of pay for employee working a 38 hour week shall be as follows. The payment contained in the table below will take effect from the 1st pay period on or after the relevant dates outlines in the table below.

 

 

(ii)

 

(a)        Where an employee is a qualified first aid attendant and is employed to carry out duties of a qualified first aid attendant the person shall be paid an amount of $16.76 per week from 01/06/04 in addition to the appropriate rates prescribed by this clause.

 

(b)        An employee employed in the course of their employment by the company to speak a language in addition to English on the site shall be paid the sum of $8.81 per week from 01/06/04 in addition to the appropriate rate prescribed by this clause.

 

11.  Relieving in Higher Position

 

Any employee relieving another in a higher position, other than during meal times, shall be paid the higher rate whilst so relieving.

 

12.  Travel Expenses

 

(i)         If an employee is temporarily transferred the employee shall be allowed an extra cost of travelling and shall be paid at ordinary rates for any excess time occupied in travelling.

 

(ii)        Where  employees occasionally use their car, on the employer's business, shall be paid an allowance for each kilometre so travelled of 53 cents as of 01/06/04.

 

13.  Overtime

 

(i)         An employee shall be paid overtime for all work:-

 

(a)        in excess of weekly rostered hours;

 

(b)        before regular commencing time on any one day;

 

(c)        after regular ceasing time on any one day;

 

(d)        in excess of eleven hours on any one day;

 

(e)        when required to work, as a regular rostered day off;

 

(ii)        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. All overtime  worked on a Sunday shall be paid at the rate of double time with a minimum payment of three hours.

 

(iii)       Time off in lieu of Overtime

 

By mutual agreement the rate of overtime may be time off in lieu of overtime provided that:-

 

(a)        An employee may elect , with consent of the Company, to take time off in lieu of payment for overtime at a time or times agreed with the Company.

 

(b)        Overtime taken as time off during ordinary time hours shall be taken at the penalty rate equivalent.

 

(c)        The Company shall provide payment, at the rate provided for the payment of overtime in the Award, for any overtime worked under section (I) of this clause, where such time off is not taken within four weeks of accrual.

 

(d)        Each period of overtime shall stand alone and there shall be a fresh decision by the     employee on each occasion

 

14.  Meal Allowance

 

An employee required to work overtime for 2 hours or more shall be paid a meal allowance of $9.99 as at 01/06/04.

 

15.  Payment of Wages

 

(i)         All wages shall be paid weekly with payment via electronic funds transfer made on the same day weekly, with the employer retaining no more than three days in hand. Provided that where a public holiday falls on the day prior to the normal pay day, wages may be paid on the day following the normal pay day.

 

(ii)        Where employment is terminated, an employee shall be paid forthwith all wages due and other moneys due within seven days of the date of the termination of the employment.

 

16.  Public Holidays

 

(i)         The following day or days observed as such shall be holidays; 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 other days proclaimed as public holidays for the state.

 

(ii)        Every 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 the employee would have worked had the day not been a holiday.

 

(iii)       Work done on any of the above holidays shall be paid for at the rate of double time and one-half with a minimum payment of three hours.

 

(iv)       In addition to the holidays prescribed, weekly employees shall be entitled to an additional holiday without loss of pay as a picnic day, to be added to the employee's first period of annual leave commencing after Easter in each year.

 

(v)        Provided further that where an employee terminated prior to the taking of such a day, the employee shall receive an additional day's pay on termination.

 

(vi)       An employee absent without leave on the day before or the day after any 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.

 

17.  Sick Leave

 

(i)         An employee, who, subject to subclause ii) of this clause, is unable to attend for duty during ordinary working hours by reason of personal illness or incapacity not due to the employee's own serious and wilful misconduct shall be entitled to be paid at ordinary time of pay for the time of such non-attendance subject to the following:-

 

(a)        shall not be entitled to paid-leave of absence for any period in respect of workers' compensation

 

(b)        shall not be entitled during the first year of employment to sick pay for more than thirty eight ordinary hours and during the subsequent years of employment to sick pay for more than sixty one ordinary hours for full-time thirty-eight hour employees or pro rata thereof.

 

Provided that employees engaged in Supermarket Administration prior to 21st February 1985 shall be entitled to seventy-two hours per year.

 

(c)        The untaken entitlement under this clause shall accumulate from year to year so long as the employment continues with the employer.

 

(ii)        The granting of sick leave shall be subject to the following conditions and limitations:-

 

(a)        The employee shall, as far as possible, inform the employer of the inability to attend for duty, prior to the time of commencement and 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 they were unable, by reason of such illness, or injury, to attend for duty on the day or days for which sick leave is claimed.

 

(c)        A part-time employee shall not be entitled in any one year to leave in excess of the number of hours in the normal working week of such employee, but any leave not taken in any year shall accumulate proportionately and shall be available to such employee under the same conditions in other respects as prescribed by paragraph b of subclause i) of this clause.

 

(d)        Payment for any absence on sick leave in accordance with this clause, during the first three months of service, may be withheld until the employee completes such three months of service at which time the payment shall be made.

 

17A.  Leave of Absence

 

(i)         Where a weekly employee applies for and is granted a period of authorised unpaid leave of absence of one weeks duration or more, all entitlements to annual leave, sick leave or long service leave will be frozen from the date of commencing such leave to the date of returning from such leave.

 

Provided that:-

 

(a)        the maximum period of absence on any one occasion may be 4 weeks

 

(b)        such absence shall not break continuity of employment for the employee concerned.

 

(c)        employees have at least one year's service

 

(d)        employees are limited to 2 periods of such leave in any 5 years service.

 

(ii)        An application for Leave of Absence shall be considered for a approved period of unpaid leave, for the following reasons, which whilst not exhaustive, may include:-

 

an employee who is studying and requires time to attend exams or participate in annual school holidays

 

an employee who wishes to travel overseas for an extended period

 

an employee who requires time off to care for a sick or injured close relative

 

17B.  Personal Carers Leave

 

(i)         Use of Sick Leave

 

(a)        An employee other than a casual employee, with responsibilities in relation to a class of person set out in subclause (c) who needs the employer's care and support, shall be entitled to use, in accordance with the subclause , any current or accrued sick leave entitlement, provided for in subclause 17 of the award, 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:

 

(1)        the employee being responsible for the care of the person concerned;

 

and

 

(2)        the person concerned being:

 

2.1        a spouse of the employee; or

 

2.2        a defacto 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

 

2.3        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 defacto spouse of the employee; or

 

2.4        a same sex partner who lives with the employee as the defacto partner of that employee on a bona fide domestic basis; or

 

2.5        a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

(i)         "relative" means a person related by blood, marriage or affinity;

 

(ii)        "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(iii)       "household" means a family group living in the same domestic dwelling.

 

(3)        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.

 

(ii)        Unpaid Leave for Family Purposes

 

(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 persons set out in subclause (c)(2) above who is ill.

 

(iii)       Annual Leave

 

(a)        An employee may elect, with the consent of the employer, subject to the NSW 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 (iii)(a) 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 annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(iv)       Time Off in Lieu of Payment of Overtime

 

(a)        For the purpose only of providing care and support for a person in accordance with clause (i) above, and despite the provisions of clause 13(iii) 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 (iv)(a) above, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the twelve(12) month period or on termination.

 

(e)        Where no election is made in accordance with paragraph (iv)(a), the employee shall be paid overtime rates in accordance with the award.

 

(v)        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.

 

(vi)       Roster Days Off

 

(a)        An employee may elect, with the consent of the employer, to take 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 employer.

 

(d)        This subclause is subject to the employer informing each union which is 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.

 

18.  Compassionate Leave

 

A weekly employee shall on the death of a wife, husband, father, mother, parent-in-law, grandparent, grandparent-in-law, child, sister, brother, sister-in-law, brother-in-law, stepmother, stepfather, stepchild, foster parents or grandchild be entitled on notice to leave up to and including the day of the funeral of such relative 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. Proof of such death shall be furnished by the employee to the satisfaction of the employer, together with proof of attendance in the case of a funeral outside Australia.

 

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.  This clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave.  For the purpose of this clause, the words "wife" or "husband" shall not include a "wife" or "husband" from whom the employee is separated, but shall include a person who lives with the employee as a de-facto "wife" or "husband" as the case may be.

 

19  Jury Service

 

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 and the employee's ordinary 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 requirements as soon as practicable after receiving notification to attend for jury service.

 

20.  Long Service Leave

 

See NSW Long Service Leave Act 1955

 

21.  Annual Holidays

 

(i)         See NSW Annual Holidays Act 1944.

 

(ii)        Provided that the employee may apply to take, up to one week's annual leave per year, in single days to attend to family matters.

 

(iii)       In addition seven day shift workers, that is afternoon and night shift workers who are rostered to work regularly on Sundays and holidays, shall be allowed one additional week's leave.

 

22.  Annual Holidays Loading

 

(i)         Before an employee is given and takes annual holiday, then before each of such separate periods, the employer shall pay the employee a loading 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.  If the employment of such an employee continues until the anniversary date, the loading then becomes payable in respect of the period of such holiday and is to be calculated applying the rates of wages payable on that day.

 

(ii)        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.

 

(iii)       The loading is the amount payable for the period or the separate period at the rate per week of 17.5 percent.

 

Provided that employees engaged in Warehouse Administration prior to 28/7/94 shall be paid at the rate of 25 percent.

 

Provided that employees engaged in Supermarkets Administration prior to 21st February 1985 shall be paid at the rate of 25 percent.

 

Further provided that, if the amount to which the employee would have been entitled by way of night work and/or weekend loadings 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.

 

(iv)       Where, the employer's establishment or part thereof  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 to an annual holiday and who is given and takes such a holiday shall be paid the loading;

 

(b)        an employee who is not entitled to an annual holiday and who is given and takes leave without pay shall be paid proportional holidays and loading as if entitled to be deducted from leave when due.

 

(v)

 

(a)        When the employment is terminated by the employer for a cause other than misconduct and has not taken the whole of an annual holiday due, shall be paid the loading 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.

 

23.  Family Leave

 

Full time and part time employees shall be entitled to three days paid Family Leave per year in order to attend to unforeseen family matters, subject to the production of satisfactory evidence.

 

Employees seeking to take family leave must be responsible for the care of the family member concerned and the family member must be a member of the employee’s household.

 

Such leave is non - cumulative.

 

24.  Parental Leave

 

See the NSW Industrial Relations Act 1996.

 

25.  Achieving Company Standards

 

Employees will be required to meet company standards on all occasions. This will include the company standards regarding job performance, smoking, alcohol/drugs, emergency procedures, document security, honesty, presentation, dress, grooming, language, sexual harassment, and occupational health and safety.

 

(i)         Dress Standards

 

(i)         The Company image is an important responsibility borne by all employees.  To this end, when at work, all employees' presentation, grooming and dress shall be in a neat, tidy, businesslike manner at all times. Denim jeans, tee-shirts and runners are not viewed as being business dress and are not permitted.

 

(ii)        An employee who, without due cause, is not satisfactorily dressed when in attendance at the workplace will be counselled to conform with the required standard.

 

(iii)       The Company shall exercise mature judgement and will not be harsh or unreasonable in applying subclause (ii) above.

 

(ii)        Alcohol and Drugs

 

Drinking of alcohol or the taking of illegal drugs during work hours is not permitted. Employees under the influence of alcohol or illegal drugs may be dismissed.

 

(iii)       Objectionable Language and gestures

 

The use of objectionable language and gestures, particularly if such language and gestures are directed toward the Company, Company employees, or customers of the Company, may result in dismissal.

 

(iv)       Sexual Harassment

 

The Company believes that sexual harassment is a form of discrimination which is offensive and damaging to morale and reflects on the integrity of the Company. Given the sensitive nature of the matter, it is important that any complainant must feel comfortable when discussing the problem.  In view of this, cases of sexual harassment will not be dealt with in the first instance through the normal grievance procedures, but should be referred to the Human Resources Manager.

 

An employee may consider themselves to be sexually harassed in their employment if they have an approach by a manager, employee, or customer of the Company which is sexual in nature and is unwelcome or offensive to that employee and which is repeated or of such a significant nature that it has detrimental effect on the employee’s employment, job performance or job satisfaction.

 

26.  Settlement of Disputes and Grievances

 

(i)         Procedures relating to disputes & grievances of employee(s):

 

(a)        The employee is required to notify the Immediate Supervisor as to the substance of the grievance, request a meeting with the immediate Supervisor and an independent witness if required by the employee, for discussions and state the remedies sought.  This meeting shall take place within two (2) working days of the issue arising (weekends and holidays excepted).

 

(b)        If agreement is not reached between the employee and the immediate Supervisor, the matter shall then be referred by the immediate Supervisor to the Department Head no later than three working days after the period stated in paragraph (a) of this sub-clause(weekends and holidays excepted). The Department Head will meet with the employee and the union delegate, if requested by the employee, within two (2) working days (weekends and holidays excepted).  At this stage the employee may involve the area union organiser.

 

(c)        If agreement is not reached between the employee and the Department Head, the matter shall then be referred by the Department Head to the Human Resources Manager no later than three working days after the period stated in paragraph (b) of this sub-clause (weekends and holidays excepted).  At this stage the employee may involve the area union organiser.

 

(d)        The Human Resources Manager must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

(e)        Whilst a procedure outlined in paragraphs (a), (b), (c) and (d) of this subclause are being followed, normal work must continue.

 

(f)         The employer may be represented by an industrial organisation of employers and the employee may be represented by an industrial organisation of employees for the purposes of step (c) & (d) of the procedure.

 

(ii)        Procedures relating to concerns about an employee's job performance:

 

(a)        Where a question, dispute or difficulty arises concerning an employee's job performance or breach of company policy, expect for cases of misconduct justifying instant dismissal, a meeting shall take place between the immediate Supervisor, the employee and the union delegate if requested by the employee, at which attempts will be made to clarify the area of concern or breach of company policy and will be documented; a program of remedial action will be formulated, e.g. retraining, and a date of review will be set.

 

(b)        If resolution is not reached or there is a recurrence of the matter or another infringement, a meeting shall be arranged between the employee and the Department Head at which attempts will be made, in the presence of the union delegate or independent witness, to clarify the area of concern or breach of company policy and will be documented; a program of remedial action will be formulated, e.g. retraining, and a date of review will be set.

 

(c)        If resolution is not reached or there is a recurrence of the matter or another infringement, a further meeting shall be arranged between the employee and the Department Head at which attempts will be made, in the presence of the union delegate or independent witness, to clarify the area of concern or breach of company policy and will be documented, a program of remedial action will be formulated, e.g. retraining, and a date of review will be set. Further the employee will be reminded of the seriousness of the situation and warned that further infringements may result in the termination of the employee.

 

(d)        While the procedure outlined in this clause is being followed, normal work must continue.

 

(e)        The employer may be represented by an industrial organisation of employers and the employee may be represented by an industrial organisation of employees for the purposes of each step of the procedure.

 

(f)         If the matter still cannot be resolved, the matter may be referred to the Industrial Relations Commission.

 

27.  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 it 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 discussion on issues raised by the union related to training.

 

28.  Redundancy

 

(a)

 

(i)         Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with their union or unions.

 

(ii)        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 (i) hereof and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

 

(iii)       For the purposes of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and their union or unions, 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 workers normally employed and the period over which the terminations are likely to be carried out. Provided that the employer shall not be required to disclose confidential information the disclosure of which would be contrary to the employer's interests.

 

(b)        Where an employee is transferred to lower paid duties for reasons set out in subclause (a) hereof the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if his/her 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 difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

 

(c)

 

(i)         Where a business is before or after the date of this Award, transmitted from an employer (in this subclause called "the Transmittor") to another employer (in this subclause call "the transmittee") and an employee who at the time of such transmission was an employee of the transmittor in that business becomes an employee of the transmittee:

 

(1)        the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

 

(2)        the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee.

 

(ii)        In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by award or by operation of law and "transmitted" has a corresponding meaning.

 

(d)

 

(i)         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 for the purpose of seeking other employment.

 

(ii)        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 he/she shall not receive payment for the time absent.

 

For this purpose a statutory declaration will be sufficient.

 

(e)        Where a decision has been made to terminate 15 or more employees in the circumstances outlined in subclause (a) hereof, the employer shall notify the appropriate Government Employment Service (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.

 

(f)         In addition to the period of notice prescribed for ordinary termination in subclause (d) of this award and subject to further order of the Commission, an employee whose employment is terminated for reasons set out in paragraph (a)(i) hereof shall be entitled to the following amount of severance pay in respect of a continuous period of service:

 

If an employee is under 45 years of age, the Company shall pay in accordance with the following scale:

 

Years of service	Under 45 years of Age Entitlement
Less than one 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

 

If an employee is 45 years old or over, the Company shall pay in accordance with the following scale:

 

Years of service	45 years of Age and Over Entitlement
Less than one 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

 

"Weeks' pay" means the ordinary time rate of pay for the employee concerned.

 

Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

 

(g)        The Company agrees to discuss the quantum of redundancy payments to employee’s covered by this award where significant redundancies become necessary during the life of this award.

 

(h)        An employee whose employment is terminated for reasons set out in paragraph (a)(i) hereof may terminate employment during the period of notice and, if so, 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.

 

(i)         An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the employer's incapacity to pay.

 

(j)         An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employee obtains acceptable alternative employment.

 

(k)        Where employment is terminated as a consequence of misconduct, or in the case of casual employees, or in the case of employees engaged for a specific period of time or for a specific task or tasks, this clause shall not apply.

 

(l)         This clause shall not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to give relevant 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.

 

29.  Introduction of Change

 

(i)         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.

 

(ii)        "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 makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

 

(iii)       The employer shall discuss with the employees affected and the union, the introduction of the changes referred to in subclause (i) hereof, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall given prompt consideration to matters raised by employees and/or the union in relation to the changes.

 

(iv)       The discussions shall commence as early as practicable after a firm decision has been made by the employer to make the changes referred to in subclause (i) hereof.

 

(v)        For the purposes of such discussion, the employer shall provide to the employees concerned and the union, all relevant information about the changes including the nature of the changes proposes; 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 be detrimental to its interests.

 

30.  Union Deductions

 

The Company undertakes upon authorisation to deduct union membership dues, as levied by the Branch of the Union in accordance with its rules, from the pay of employees who are members of the NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union.  Such monies collected will be forwarded to the Union at the beginning of each month together with all necessary information to enable the reconciliation and crediting of subscription to members' accounts.

 

31.  Superannuation

 

(i)         Definitions

 

(a)        "Ordinary time earnings" in this clause means the employees' rate of pay including any over award and/or merit payments, casual loadings, penalty rates and/or shift loadings (but excluding overtime, commission and occasional bonus payments).

 

(b)        "Eligible employee" in this clause means any employee employed by the Company under this award, who works as a full-time employee, part-time employee or as an adult casual (working regularly twelve hours or more per week). In this clause employee means eligible employee.

 

(c)        "The fund" in this clause all reference to the fund shall mean the Clerical Administrative and Related Employees Superannuation Pty Ltd (CARE).

 

(ii)        For the purpose of this clause the fund into which payments are to be made shall be the Clerical Administrative and Related Employees Superannuation Pty Ltd (CARE).

 

(iii)

 

(a)        The employer shall apply to the trustees of the fund to become a participating employer in the fund.

 

(b)        Each employee shall, upon being accepted by the trustees of the fund, make application to become a member of the fund.

 

(iv)

 

(a)        Subject to the above, where an employee is only a member of CARE, the company shall contribute to CARE on behalf of each eligible employee at the following rates-

 

from 1 July 2002: 9% of ordinary time earnings

 

(b)        The company shall contribute to the fund monthly in respect of each eligible employee an amount equal to 3% of that employee's ordinary time earnings each week. Additionally, the company shall pay the difference between the above 3% contribution and the level required by the Superannuation Guarantee outlined in Clause 32 (iv) (a) each quarter.

 

(c)        Where an employee is absent on leave without pay, whether ort not such leave is approved, no contribution from the employer shall be due in respect of that employee in respect of that period of unpaid absence.

 

(d)        Employees who may wish to make contributions to the fund additional to those being paid by the employer pursuant to paragraph (i) hereof shall be entitled to authorise the employer to pay into the fund from the employee's wages amounts specified by the employee.  Employee contributions to the fund requested under this paragraph shall be made in accordance with the rules of the fund.

 

(v)        The obligation of the employer to contribute to the fund in respect of an employee shall cease on the last day of such employee's employment with the employer.

 

(vi)       An employer who participates in the fund shall not cease participation in the fund whilst employing any employees.

 

(vii)      Each employer shall pay such contributions together with any employee deductions in accordance with the requirements of the trust deed of the fund.

 

32.  Leave Reserved

 

The parties agree to place the matter of the classification structure in leave reserved, to be discussed if circumstances alter.

 

33.  Anti Discrimination

 

(1)        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities of a carer.

 

(2)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

(3)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(4)        Nothing in this clause is to be taken to affect:

 

(a)        any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        a party of 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.

 

Note:

 

(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".

 

34.  Induction of New Employees

 

At the induction of new clerical employees covered by this award, a membership form to join the NSW Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union will be provided to each new employee.

 

35.  Right of Entry

 

The right of entry for the union will be in accordance with the NSW Industrial Relations Act 1996.

 

36.  Area, Incidence and Duration

 

This award rescinds and replaces the Woolworths Supermarkets and Warehouse Administration (State) Award, published 12 July 2002, (335 I.G. 22).

 

This award shall only apply to persons employed by all new and existing Woolworths Limited, Woolstar Limited and Queensland Properties Investment Proprietary Limited in a clerical capacity at the Yennora Administration Centre, Homebush, Moorebank (Centenary Avenue, Moorebank), Minchinbury and Yennora Warehouses, and Blacktown Regional Office.

 

It shall take effect from the first full pay period to commence on or after 31 May 2004 at these sites and remain in force until 31 May 2005.

 

 

 

A. W. MACDONALD, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.