An150130 Retail Industry (South Australia) Award
CLAUSE 5.3 COMMISSIONS, ETC
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CLAUSE 5.3 COMMISSIONS, ETC. OPDATE 15:03:2006 1st pp on or after All persons employed in any premises selling goods covered by this Award shall be paid at the rates specified, in addition to the commissions, premiums, bonuses or other allowances which may be made on the sale of goods. Commissions for employees employed in the sale of goods by retail predominantly away from the employer's place of business are governed by clause 4.10. CLAUSE 5.4 MEAL ALLOWANCE OPDATE 15:03:2006 1st pp on or after 5.4.1 An employee who is: (a) given less than 24 hours notice of a requirement to remain at work or return to work after the usual finishing time for that day and who works for one hour or more after such finishing time (when that additional work necessitates taking a meal away from the employee's place of residence); or (b) who is entitled pursuant to clause 6.11 to a second meal break on a day when shops are open until 9.00pm, shall be paid a meal allowance as prescribed in Schedule 10. 5.4.2 A meal allowance payable under this clause may be paid:
5.4.3 This clause does not apply to employees paid pursuant to Schedule 4. Specific provisions for these employees are contained in clause 4.10. CLAUSE 5.5 COLD WORK DISABILITY ALLOWANCE OPDATE 15:03:2006 1st pp on or after 5.5.1 Employees principally employed on any day to enter cold chambers and/or to stock and refill refrigerated storages such as dairy cases or freezer cabinets shall be paid an allowance as prescribed in Schedule 10 per hour or part thereof whilst so employed. 5.5.2 An employee required to work in a cold chamber where the temperature is less than 0oC shall be paid in addition to the allowance prescribed 5.5.1 hereof, an allowance as prescribed in Schedule 10 per hour. An aggregate of 20 minutes in the hour shall be regarded as one hour's work. 5.5.3 This clause does not apply to employees paid pursuant to Schedules 4 or 5. CLAUSE 5.6 LANGUAGE ALLOWANCE OPDATE 15:03:2006 1st pp on or after Where an employee employed in a shop is specifically required by the employer to speak a language or languages in addition to English for the purpose of making sales in that shop, a language or languages allowance as prescribed in Schedule 10 shall be paid per week. CLAUSE 5.7 VEHICLE ALLOWANCE OPDATE 15:03:2006 1st pp on or after An employee who by agreement with the employer uses the employee's own motor vehicle on the employer's business shall be paid an allowance prescribed in Schedule 10 Allowances. This clause does not apply to employees paid pursuant to Schedule 4. CLAUSE 5.8 SUPERANNUATION OPDATE 15:03:2006 1st pp on or after
5.8.1 Definitions 5.8.1.1 Fund - In this clause all references to the fund shall mean the Retail Employees Superannuation Trust. 5.8.1.2 Ordinary time earnings - In this clause the term ordinary time earnings shall mean Award wages and supervisory and/or buying allowances, casual loadings, and penalty rates (excluding overtime) payable for work performed in ordinary time. 5.8.1.3 Trustee - In this clause all references to Trustee shall mean the Trustee of the Retail Employees Superannuation Trust. 5.8.2 Superannuation legislation The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 5.8.3 Employer contributions An employer will make contributions into the fund for an employee in accordance with the legislative requirements in clause 5.8.2. These contributions will be based on the employee’s ordinary time earnings. 5.8.4 Employee contributions 5.8.4.1 Employees who may wish to make contribution to the fund additional to those being paid by the employer pursuant to clause 5.8.3, shall be entitled to authorise the employer to pay into the fund from the employee's wages amounts specified by the employee. 5.8.4.2 Upon such authorisation the employer shall be required to make the deduction and forward it to the fund. 5.8.4.3 Employee contributions to the fund requested under this clause 5.8.4 shall be subject to the following conditions: 5.8.4.3(a) The amount of the contribution shall be expressed in whole dollars. 5.8.4.3(b) After the first contribution, the amount of contribution shall only be adjusted from the first full pay period in July each year. 5.8.5 Existing superannuation arrangements No employer shall be excluded from this clause on the basis of existing voluntary superannuation arrangements. 5.8.6 Exemptions Refer to Schedule 11. 5.8.7 Notwithstanding the provisions of this clause, an employer may, in accordance with the governing rules of the relevant fund, continue to make superannuation contributions in addition to the 3% previously stipulated in the Award to any complying fund the employer was contributing to as at the date of variation to the Award. CLAUSE 5.9 STATE MINIMUM AWARD WAGE 5.9.1 The State Minimum Award Wage No employee will be paid less than the State Minimum Award Wage. 5.9.2 Amount of State Adult Minimum Award Wage 5.9.2.1 The State Minimum Award Wage for full-time adult employees not covered by clause 5.9.4 (special categories clause), is $484.40 per week. 5.9.2.2 Adults employed under a supported wage clause will continue to be entitled to receive the wage rate determined under that clause. Provided that such employees must not be paid less than the amount determined by applying the percentage in the supported wage clause applicable to the employee concerned to the amount of the minimum award wage specified in clause 5.9.2.1. 5.9.2.3 Adults employed as part-time or casual employees continue to be entitled to receive the wage rate determined under the casual and part-time clauses of the Award. Provided that such employees must not be paid less than pro rata the minimum award wage specified in clause 5.9.2.1 according to the number of hours worked. 5.9.3 How the State Minimum Award Wage applies to juniors 5.9.3.1 The wage rates provided for juniors by this Award continue to apply unless the amount determined under clause 5.9.3.2 is greater. 5.9.3.2 The State minimum award wage for an employee to whom a junior rate of pay applies is determined by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant amount in clause 5.9.2 5.9.4 Application of Minimum Wage to special categories of employee 5.9.4.1 Due to the existing applicable award wage rates being greater than the relevant proportionate State minimum award wage, this clause has no application to employees undertaking a National Training Wage Traineeship, an Australian Traineeship, a Career Start Traineeship, a Job skills placement or an apprenticeship. 5.9.4.2 (Leave reserved for other special categories) 5.9.5 Application of State Minimum Award Wage to Award rates calculation 5.9.5.1 The State Minimum Award Wage: 5.9.5.1(a) Applies to all work in ordinary hours 5.9.5.1(b) Applies to the calculation of overtime and all other penalty rates, superannuation, payments during personal leave, long service leave and annual leave, and for all other purposes of this award; and 5.9.5.1(c) Is inclusive of the arbitrated safety net adjustment provided by the State Wage Case July 2005 and all previous safety net and state wage adjustments. PART 6 - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK, WEEKEND WORK AND PUBLIC HOLIDAY WORK CLAUSE 6.1 HOURS OF WORK OPDATE 15:03:2006 1st pp on or after
Where, prior to 1 December 2004, an establishment did not trade after 12.30 pm on Saturday, and if that establishment elects to continue to not trade after 12.30pm on Saturday, the ordinary hours of work for that establishment shall be:
Where it is unlawful for a particular shop to trade on any particular Sunday, the spread of ordinary hours set out in this clause in relation to Sunday does not apply in respect of that particular Sunday. 6.1.1.2 Late night trade 6.1.1.2(a) A reference in this Award to specifically designated late night trading day shall mean that day of the week nominated by the employer as being the late trading night for the purposes of this clause. In the absence of a specific nomination by the employer, it will be Friday in the Adelaide central business district and Thursday in other areas of South Australia. 6.1.1.2(b) For the purpose of facilitating late night trading, an employer may nominate one (only) day from Monday to Friday inclusive that shall become the specifically designated late night trading day. 6.1.1.2(c) Where a public holiday displaces, or significantly disrupts, the specifically designated late night trading day then the employer may nominate another day from Monday to Friday inclusive for a substitute day of late night trade for that week. This is subject to the proviso that the employer observes the required notice period for a variation to rosters pursuant to clause 6.1.3.3. 6.1.1.3 In respect of the employment of employees engaged in stock preparation, stock ordering, restocking fixtures, fixture assembly and stock pricing (including scanning price changes and testing), the ordinary hours of work may commence at 6.30am in lieu of 7.00am. 6.1.1.4 In respect of the employment of persons classified as Storeperson/Packer and Warehouse Employee, the ordinary hours of work may commence at 6.00am in lieu of the 7.00am prescribed in clause 6.1.1.1. 6.1.1.5 For employees employed in connection with the supply of food or beverage in a canteen which is located in or about a shop operated by an employer otherwise bound by this Award, the ordinary hours of work shall be an average of 38 per week. Ordinary hours for those employees shall be worked within the spread of ordinary hours set out in clause 6.1.1.1. 6.1.1.6 Specific provisions for employees employed in or in connection with any cafe, restaurant, tea room or takeaway chicken and fish shop (where these establishments are located in or about a shop operated by an employer otherwise bound by this award) are to be found in clause 4.8. 6.1.1.7 Specific provisions for employees paid pursuant to Schedule 4 are to be found in clause 4.10. 6.1.2 Limit of ordinary hours for employees paid pursuant to Schedules 1 and 2 and Canteen Employees paid pursuant to Schedule 3 6.1.2.1 Ordinary hours shall not exceed: (a) 12 hours on any one day in a week; (b) 9 hours on any day in the week other than the day on which 12 hours are worked (this provision is subject to the operation of clauses 6.2.1.1, 6.2.2.1 and 6.2.3.1); (c) 84 hours in any 2-week period; (d) 152 hours in any 4-week period. 6.1.2.2 This clause 6.1.2 does not apply to employees employed in or in connection with the supply of food or beverage in a cafe, a restaurant, a tea room, a takeaway chicken shop or a fish shop which is located in or about a shop operated by an employer bound by this Award. Specific provisions for these employees are to be found in clause 4.8. This clause also has no application to employees paid pursuant to Schedule 4. Specific provision for these employees is contained in clause 4.10. 6.1.3 Work rosters for employees paid pursuant to Schedules 1 and 2 and Canteen Employees paid pursuant to Schedule 3 6.1.3.1 This clause 6.1.3 is subject to clause 6.2 Operation of 38-Hour Week. 6.1.3.2 No full-time or part-time employee shall work more than 20 ordinary time starts in any period of 4 consecutive weeks. No full-time or part-time employee shall work more than 11 ordinary time starts in any period of 2 consecutive weeks. Where such an employee works 6 consecutive ordinary time starts in a week, the employee shall be allowed two consecutive days off work unless otherwise agreed between the employer and the employee. 6.1.3.3 If, as a consequence of changes to an employer's trading hours to include trading on Saturday after 12.30pm, work rosters of an existing full-time or part-time employee determined by an employer pursuant to this clause are varied, such rosters should be determined by the employer in consultation with the individual employee or the Union. 6.1.3.4 Full-time and part-time employees must be provided in advance with regular notice of their work rosters. Notice of any change of rosters for full-time and part-time employees shall be given at least one week prior to the change unless the employer and employee mutually agree to a lesser period of notice. 6.1.3.5 This clause 6.1.3 does not apply to employees employed in or in connection with the supply of food or beverage in a cafe, a restaurant, a tea room, a takeaway chicken shop or a fish shop which is located in or about a shop operated by an employer bound by this Award. Specific provisions for these employees are to be found in clause 4.8 of this Award. This clause also has no application to employees paid pursuant to Schedule 4. Specific provision for these employees is contained in clause 4.10. 6.1.4 Make up time 6.1.4.1 Despite provisions elsewhere in the Award the employer and the majority of employees at an enterprise may agree to establish a system of “make up time” provided that an employee may elect, with the consent of the employer, to work “make up time” under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Award. 6.1.4.2 Clause 6.1.4.1 is subject to the employer informing the Union of the intention to introduce an enterprise system of “make up time” and providing a reasonable opportunity for the Union to participate in negotiations. CLAUSE 6.2 OPERATION OF 38-HOUR WEEK OPDATE 15:03:2006 1st pp on or after 6.2.1 In an establishment in which 21 or more employees bound by this Award who are working in any one week are employed the following provisions shall apply to the manner in which full-time employees are to work their ordinary hours: 6.2.1.1 A fixed or rotating day off in each 4-week period or by the working of a 9.5-hour day for each of 4 days as directed by the employer in any week; or 6.2.1.2 A specific written agreement between each employee and employer as to the manner of working ordinary hours. Such agreement may include the employee working on the basis of: (a) a shorter working day of not more than 4 hours work in ordinary time on one day in each 2-week period; (b) a shorter working day of not more than 6 hours work in ordinary time on one day in each week; (c) a shorter working day of not more than 7.6 hours work in ordinary time on any day. 6.2.2 In an establishment in which between 10 to 20 employees bound by this Award who are working in any one week inclusive are employed the following provisions shall apply to the manner in which full-time employees are to work their ordinary hours: 6.2.2.1 A fixed or rotating day off in each 4-week period or by the working of a 9.5-hour day for each of the 4 days as directed by the employer in any week; or 6.2.2.2 A shorter working day of not more than 4 hours work in ordinary time on one day in each 2-week period; or 6.2.2.3 A shorter working day of not more than 6 hours work in ordinary time on one day in each week; or 6.2.2.4 A specific written agreement between an employee and the employer which provides for a shorter working day of not more than 7.6 hours work in ordinary time on any day. 6.2.3 In an establishment in which 9 or less employees bound by this Award who are working in any one week are employed the following options shall be available to determine the manner in which full-time employees are to work their ordinary hours: 6.2.3.1 A fixed or rotating day off in each 4-week period or by the working of a 9.5-hour day for each of the 4 days as directed by the employer in any week; or 6.2.3.2 A shorter working day of not more than 4 hours work in ordinary time on one day in each 2-week period; or 6.2.3.3 A shorter working day of not more than 6 hours in ordinary time on one day in each week; or 6.2.3.4 A shorter working day of not more than 7.6 hours work in ordinary time on any day. 6.2.4 In the event of a dispute arising concerning the method of operation of the 38-hour week to be applied in a particular establishment to an employee or employees of that establishment, that dispute may be referred for resolution to the Grievance Procedure in clause 3.3 of this Award. 6.2.5 An employer may with the agreement of the majority of employees in an establishment or with the individual employee concerned substitute the day or part of the day that the employees are or the individual employee is to take off. Such substituted day or part-day is to be arranged and taken as soon as practicable and in any event prior to the next rostered day or part-day off. 6.2.6 An employee may with the agreement of the employer substitute the day or part-day that the employee is to take off, such substituted day or part-day is to be taken as soon as practicable and in any event prior to the next rostered day or part-day off. 6.2.7 An employer may seek a specific written agreement for an alternative method of implementing the 38-hour week in accordance with this clause at any time during the employment of an employee, including at the time of engagement of a new full-time employee. Such an agreement may include a provision whereby the full-time employee may be rostered on no more than 20 starts in each 4-week period. 6.2.8 Despite provisions elsewhere in the Award the employer and the majority of employees at an enterprise may agree to establish a system of RDO to provide that: 6.2.8.1 An employee may elect, with the consent of the employer, to take a RDO at any time. 6.2.8.2 An employee may elect, with the consent of the employer, to take RDOs in part day amounts. 6.2.8.3 An employee may elect, with the consent of the employer, to accrue some or all RDOs for the purpose of creating a bank to be drawn upon by the employee at times mutually agreed by the employer, or subject to reasonable notice by the employee or the employer. 6.2.9 Clause 6.2.8 is subject to the employer informing the Union of the intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the Union to participate in negotiations. CLAUSE 6.3 SATURDAY AND LATE NIGHT WORK IN ORDINARY TIME OPDATE 15:03:2006 1st pp on or after 6.3.1 The following penalties apply to establishments which as at 1 December 2004 did not trade after 12.30pm on Saturday and which elect thereafter not to trade after 12.30pm on Saturday and to employees paid pursuant to Schedule 3. 6.3.1.1 Saturday until 12.30pm: Ordinary rates plus 25% thereof for time actually worked. 6.3.1.2 Late night: Employees, excluding casuals, ordinary rates plus 25% thereof for time actually worked after 6.00pm. 6.3.1.3 Casuals required to work on Saturday until 12.30pm only shall not be entitled to the provisions of clause 6.3.1.1. 6.3.1.4 The ordinary time penalty loadings payable under this clause 6.3.1 are to be calculated by reference to the appropriate hourly rates set out in columns 2 and 3 of Schedule 1 or Schedule 3 (as appropriate). The divisor to be applied to calculate the ordinary hourly rate shall be 38, multiplied by 1.25. 6.3.2 The following applies to all employees paid pursuant to Schedule 1 of this Award: 6.3.2.1 Subject to clause 6.3.2.2, for all time worked as ordinary hours between 6.30pm and 9.30pm Monday to Friday, employees are entitled to ordinary rates plus 25% calculated with reference to columns 2 and 3 of Schedule 2. 6.3.2.2 For all time worked as ordinary hours between 6.30pm and 9.30pm on the specifically designated late night trading day, employees are entitled to ordinary rates calculated with reference to columns 2 and 3 of Schedule 2. 6.3.3 This clause does not apply to employees employed in or in connection with any cafe, restaurant, tea room or takeaway chicken and fish shop (where these establishments are located in or about a shop operated by an employer otherwise bound by this Award). Specific provisions for these employees are to be found in clause 4.8. This clause also has no application to employees paid pursuant to Schedule 4. Specific provision for these employees is contained in clause 4.10. CLAUSE 6.4 PENALTY FOR CASUAL EMPLOYEES WORKING ON SUNDAY OPDATE 15:03:2006 1st pp on or after With effect from the first full pay period commencing on or after 1 December 2004, any casual employee who agrees to work on Sunday as part of that employee’s ordinary hours must be paid for Sunday work an additional 70% calculated by reference to the appropriate minimum casual rate payable to that employee pursuant to this Award. The additional 70% must be calculated by reference to the appropriate rate set out in Schedule 2. CLAUSE 6.5 PENALTY FOR FULL TIME AND PART TIME EMPLOYEES WORKING ON SUNDAY AS PART OF ORDINARY HOURS OPDATE 15:03:2006 1st pp on or after With effect from the first full pay period commencing on or after 1 January 2004, a full time or part time employee who agrees to work on Sunday as part of that employee’s ordinary hours must be paid for Sunday work an additional 60 percent calculated by reference to the minimum rate payable to that employee pursuant to this Award. The additional 60 percent must be calculated by reference to the appropriate rate set out in Schedule 2. CLAUSE 6.6 VOLUNTARY NATURE OF WORK ON SUNDAYS OPDATE 15:03:2006 1st pp on or after The Shop Trading Hours Act 1977 as amended provides that a person who is employed to work in a shop in any shopping district is entitled to refuse to work on Sundays unless the employee had agreed to work on a particular Sunday. CLAUSE 6.7 FACILITATIVE SAVINGS PROVISION OPDATE 15:03:2006 1st pp on or after Employees who as at 21 October 2004 had an established pattern of late night and/or Sunday work and who seek additional hours of work must advise their employers accordingly. Once advised of this, the employer must arrange a meeting with the employee to establish: (a) The level of average weekly income lost as a result of the new penalty arrangements for Sundays and late night; and (b) The employee's availability to work additional hours. An established pattern means work that has been performed on a regular basis over the period of employment or the 6 months preceding 21 October 2004, whichever is the lesser (the relevant period). Examples of an established pattern include work on Sundays and/or late nights on a regular interval in the relevant period, or work on a majority of the Sundays and/or late nights in the relevant period. The employer must take all reasonable steps to provide additional hours for these employees, such that the employee is able to maintain the average wages earned on Sundays and/or late nights in the relevant period, and in doing so, to accommodate the employee's availability. The onus will be on the employer to establish why the additional hours cannot be provided. Any dispute in relation to this clause will be dealt with in accordance with the Grievance Procedure. CLAUSE 6.8 SHIFT WORK OPDATE 15:03:2006 1st pp on or after There is no provision for shift work in this Award, however parties wishing to introduce shift work into their work place may apply to the Commission to vary the Award or may consider introducing Enterprise Agreements that allow shift work. Where an employer seeks either a variation of this Award to permit shift work, or where an employer seeks approval of an enterprise agreement permitting shift work, the Commission will assess the specific circumstances and the interests of the parties. In considering any such application, the Commission will have regard to its general standards concerning shift work. CLAUSE 6.9 OVERTIME ON SUNDAYS OR ON PUBLIC HOLIDAYS OPDATE 15:03:2006 1st pp on or after 6.9.1 Subject to this clause, where an employee works overtime on either a Sunday or on a public holiday, the employee must be paid at the rate of double time for all work so performed. 6.9.2 For employees covered by Schedules 2 and 3, the basis for calculating double time rates to be paid under this clause for full-time and part-time employees shall be the appropriate weekly rate prescribed by either Schedule 1 or Schedule 2 as required by clause 5.2, divided by 38 and rounded off to the nearest cent. These rates are set out in column 2 of Schedule 1 and column 2 of Schedule 2. For employees covered by Schedules 2 and 3, the basis for calculating double time rates to be paid under this clause for casual employees shall be the appropriate weekly rate prescribed by either Schedule 1 or Schedule 2 as required by clause 5.2, as increased by 20%, divided by 38. This result shall be rounded off to the nearest cent. These rates are set out in column 2 of Schedule 1 and column 3 of Schedule 2. 6.9.3 For full-time and part-time employees covered by Schedule 3, the basis for calculating double time rates to be paid under this clause shall be the appropriate weekly rate prescribed by Schedule 3, divided by 38 and rounded off to the nearest cent. These rates are set out in column 2 of Schedule 3. 6.9.4 Where a casual employee covered by Schedule 3 (other than a canteen employee) works overtime on Sunday, that employee shall be paid a loading of 120% for all hours worked in lieu of the 20% casual loading. Where a casual canteen employee works overtime on Sunday, that employee shall be paid double time inclusive of the 20% casual loading. 6.9.5 This clause does not apply to employees paid pursuant to Schedule 4. Specific provisions for these employees are contained in clause 4.10. CLAUSE 6.10 OVERTIME (OTHER THAN SUNDAYS AND PUBLIC HOLIDAYS) OPDATE 15:03:2006 1st pp on or after 6.10.1 Where an employee works on any one day in excess of the maximum number of ordinary hours set out in clause 6.1.2 that employee must be paid overtime rates for the hours in excess of the maximum permitted for that day. 6.10.2 Where an employee works outside the spread of ordinary hours as set out in clause 6.1.1 that employee must be paid overtime for the hours so worked. 6.10.3 If the employer utilises a 7-day cycle to implement the 38-hour week, overtime must be paid to any employee who works in excess of 38 hours over the relevant 7-day cycle period. 6.10.4 If the employer utilises a 14-day cycle to implement the 38-hour week, overtime must be paid to any employee who works in excess of 76 hours over the relevant 14-day cycle period. 6.10.5 If the employer utilises a 21-day cycle to implement the 38-hour week, overtime must be paid to any employee who works in excess of 114 hours over the relevant 21-day cycle period. 6.10.6 If the employer utilises a 28-day cycle to implement the 38-hour week, overtime must be paid to any employee who works in excess of 152 hours over the relevant 28-day cycle period. 6.10.7 Overtime is payable at the rate of time and one-half for the first 3 hours worked on any one day, and at double time for any hours in excess of 3 hours overtime worked on any one day. 6.10.8 Any overtime payable under this Award must be paid in addition to payment for ordinary hours to which an employee is entitled pursuant to this Award. 6.10.9 The basis for calculating overtime rates to be paid under this Award for full-time and part-time employees who are paid pursuant to Schedule 1 shall be the appropriate weekly rate prescribed by Schedule 1, divided by 38 and rounded off to the nearest cent. These rates are set out in column 2 of Schedule 1 and in column 4 of Schedule 2. The basis for calculating overtime rates to be paid under this Award for casual employees paid pursuant to Schedule 1 shall be the appropriate weekly rate prescribed by Schedule 1 as increased by 20% and divided by 38. The result shall then be rounded off to the nearest cent. These rates are set out in column 3 of Schedule 1 and in column 5 of Schedule 2. The basis for calculating overtime rates to be paid under this Award for full-time and part-time employees who are paid pursuant to Schedule 2 shall be the appropriate weekly rate prescribed by Schedule 2, divided by 38 and rounded off to the nearest cent. These rates are set out in column 2 of Schedule 2. The basis for calculating overtime rates to be paid under this Award for casual employees who are paid pursuant to Schedule 2 shall be the appropriate weekly rate prescribed by Schedule 2 as increased by 20% and divided by 38 and rounded off to the nearest cent. These rates are set out in column 3 of Schedule 2. 6.10.10 The basis for calculating overtime rates to be paid under this Award for full-time and part-time employees who are paid pursuant to Schedule 3 shall be the appropriate weekly rate prescribed by Schedule 3, divided by 38 and rounded off to the nearest cent. These rates are set out in column 2 of Schedule 3. The basis for calculating overtime rates to be paid under this Award for casual employees paid pursuant to Schedule 3 shall be the appropriate weekly rate prescribed by Schedule 3 as increased by 20% and divided by 38. The result shall then be rounded off to the nearest cent. These rates are set out in column 3 of Schedule 3. 6.10.11 Where an employer and an employee mutually agree in writing, the employee may be allowed time off in lieu of payment for overtime. Such time off in lieu of payment for overtime may be accumulated and taken off work at a mutually agreed time. Time off work in lieu of payment for overtime must be in substitution for ordinary hours that the employee would otherwise be obliged to work. An employee taking time off work in lieu of payment for overtime must be permitted to take that time off work without loss of pay for the ordinary hours that the employee would otherwise be obliged to work but for the operation of this provision. In taking time off in lieu of payment for overtime, the employee must be permitted to be absent from work for the number of hours for which the employee would otherwise have been entitled to be paid for the overtime worked. 6.10.12 This clause does not apply to employees paid pursuant to Schedule 4. Specific provisions for these employees are contained in clause 4.10. NOTE: The ordinary hours of work for in or in connection with the supply of food or beverage in a cafe, a restaurant employees employed, a tea room, a takeaway chicken shop or a fish shop which is located in or about a shop operated by an employer bound by this Award are not set out in clause 6.1 but in clause 4.8 of this Award. CLAUSE 6.11 MEAL BREAKS OPDATE 15:03:2006 1st pp on or after 6.11.1 Subject to clause 6.11.5 an employee who works more than five ordinary hours on any day shall receive an unpaid meal break of between 30 and 60 minutes duration. Provided that the meal break referred to shall be determined by the employer and given and taken so that no employee shall work more than five consecutive hours without a meal break. 6.11.2 Meal breaks are not to be taken within one hour of commencing or ceasing work. 6.11.3 An employee shall receive an additional unpaid meal break of between 30 and 60 minutes duration when they have worked a further five hours or more from the completion of the previous meal break. 6.11.4 Where the employee is unable to take a meal break or rest break as scheduled, the employee is to be given the opportunity of taking such a break at the first available opportunity thereafter. However, if the employee is unable to take such a break during the remainder of the ordinary working hours, the employee is to be paid at overtime rates for the duration of the break. 6.11.5 For a shift of between 5 and 6 hours the meal break may be taken at the end of the shift with the agreement of the employee. 6.11.6 Subject to 6.11.8 an employee shall receive a paid rest break of 10 minutes duration when the employee works in excess of 5 hours. 6.11.7 Subject to 6.11.8 an additional paid rest break of 10 minutes duration, shall be provided to an employee who works a shift of 9 hours or more. 6.11.8 Rest periods are not to be taken within one hour of commencing or ceasing work or within one hour of a meal break. This provision will not apply to a shift of more than 5 hours but less than 6 hours when a meal break is taken. CLAUSE 6.12 WARNING OF STORE CLOSURE OPDATE 15:03:2006 1st pp on or after An employer who employs more than 10 employees paid pursuant to Schedules 2 or 3 in an establishment shall sound an audible warning device five minutes prior to the normal closing time. CLAUSE 6.13 BROKEN HILL AND ASSOCIATED SMELTERS PICNIC DAY IN PORT PIRIE OPDATE 15:03:2006 1st pp on or after 6.13.1 This clause only applies to employees paid pursuant to Schedules 1 and 2. 6.13.2 If an employee (other than a casual employee) at Port Pirie is not required by the employer to work any part of the employee's ordinary hours on Broken Hill and Associated Smelters Picnic Day (hereinafter referred to as Picnic Day) the employee is entitled to be absent from work on that day. An employee absent from work on Picnic Day in accordance with this clause must be paid the appropriate wages for the number of ordinary hours that the employee would have worked if it had not been Picnic Day. 6.13.3 Any employee paid pursuant to Schedule 1 who works any part of their ordinary hours on Picnic Day, shall be paid at the rate of double time for all hours so worked. The rate of double time for such an employee shall be calculated by reference to the appropriate hourly rate set out in Schedule 1. 6.13.4 Any employee paid pursuant to Schedule 2 who works any part of their ordinary hours on Picnic Day shall be paid at the rate of double time for all hours so worked. The rate of double time for such an employee shall be calculated by reference to the appropriate hourly rate set out in Schedule 2. 6.13.5 Where an employee at Port Pirie works overtime on Picnic Day, the employee must be paid at the rate of double time for all hours so worked, and shall be engaged for a minimum period of 2 hours. Where an employee is paid pursuant to Schedule 1 or Schedule 2, the basis for calculating double time rates to be paid for full-time and part-time employees shall be the appropriate weekly rate prescribed by the corresponding schedule divided by 38 and rounded off to the nearest cent. These rates are set in column 2 of Schedule 1 and Schedule 2. The basis for calculating double time rates to be paid under this clause for casual employees shall be the appropriate weekly rate prescribed by the corresponding schedule as increased by 20%, divided by 38. This result shall be rounded off to the nearest cent. These rates are set out in column 3 of Schedule 1 and Schedule 2. PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS CLAUSE 7.1 ANNUAL LEAVE OPDATE 15:03:2006 1st pp on or after
7.1.3.2 Upon termination of employment, if the period of service is not exactly divisible into complete years, a full-time employee accrues 12 2/3 hours annual leave for each completed month of service in the incomplete year. A part-time employee accrues such annual leave on a pro-rata basis. 7.1.3.3 For the purposes of 7.1.3, a part-time employee includes an employee who has been employed for part of the year as a full-time employee and for part of the year as a part-time employee. 7.1.4 Time of taking annual leave 7.1.4.1 Annual Leave is to be taken at a time or times agreed between the employer and the employee. Notwithstanding the provisions of this clause and without the intention of disrupting continuous period(s) of annual leave, by agreement between the employer and employee, a full-time employee may take annual leave in single day periods not exceeding 10 days in any calendar year for the purposes of personal leave to care for a family member as set out in 7.2. 7.1.4.2 If an employer and an employee fail to agree on the time (or times) for taking annual leave or part of it the employer may require the employee to take annual leave by giving the employee notice of the requirement at least 4 weeks before the period of annual leave is to begin. 7.1.4.3 If an employer determines the time for taking annual leave, the leave: (a) must be granted; and (b) must begin within 12 months after the entitlement to the leave accrues. 7.1.4.4 If the employer requires the employee to take leave then that leave must not be spread over more than two periods, neither of which shall be less than one week, unless otherwise agreed. 7.1.4.5 To assist employees in balancing their work and family responsibilities, an employee may elect with the consent of the employer, to accrue and carry forward any amount of annual leave for a maximum of two years from the date of the entitlement. 7.1.5 Payment for annual leave 7.1.5.1 Prior to proceeding on annual leave an employee is entitled to be paid for the period of leave. 7.1.5.2 An employee will be paid annual leave based on the rates contained in the Schedule under which the employee is paid for ordinary hours of work. 7.1.5.3 Upon termination of employment an employee must be paid for leave accrued in accordance with clause 7.1.3 which has not been taken. 7.1.6 Annual leave loading 7.1.6.1 An employee is also entitled to payment of a loading equivalent to 17.5% of the payment provided for in clause 7.1.5 at the time that payment is made. 7.1.6.2 Where an employee’s ordinary weekly wage is greater than the appropriate weekly wage prescribed by this Award plus the loading prescribed in clause 7.1.6.1, then the employer need not pay the annual leave loading. 7.1.6.3 Annual leave loading payment is payable on leave accrued in accordance with clause 7.1.3.2 and on leave accrued in accordance with clause 7.1.7. 7.1.6.4 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least 5 consecutive annual leave days are taken. 7.1.7 Casual and temporary employees 7.1.7.1 A casual employee temporarily transferred to full-time or part-time duties or an employee temporarily engaged on full-time or part-time duties for a period of less than one month accrues an entitlement to annual leave for each completed week of service. 7.1.7.2 A full-time employee employed on this basis will accrue 2.92 hours for each completed week. 7.1.7.3 A part-time employee employed on this basis will accrue annual leave according to the following formula:
7.1.8 Shut down 7.1.8.1 Where an employer requires the business operation, or part of it, to be temporarily shut down the employer may require the employee to take annual leave by giving the employee notice of the requirement at least 2 months before the period of annual leave is to begin. 7.1.8.2 No more than two shut downs can occur in one calendar year. 7.1.8.3 Where: (a) an employee is unable to attend work because of a shut down; and (b) that employee has not accrued a full year of entitlement to annual leave, that employee must be allowed to take pro rata annual leave calculated in accordance with the formula specified in 7.1.3.2. 7.1.8.4 Where an employee is required to take leave in accordance with 7.1.8.1, and the employee does not have a full or pro rata credit of leave, the employee may be stood off without pay during the period of the shut down for any time in excess of the employee’s leave credit. 7.1.8.5 All time that the employee is stood off without pay for the purposes of 7.1.8.4 is deemed to be time of service in the next 12 monthly qualifying period. CLAUSE 7.2 PERSONAL LEAVE TO CARE FOR A FAMILY MEMBER OPDATE 15:03:2006 1st pp on or after 7.2.1 Definitions 7.2.1.1 Personal leave to care for a family member means leave provided in accordance with this Clause. 7.2.1.2 Family the following are to be regarded as members of a person’s family: (a) a spouse; (b) a child or stepchild; (c) a parent or parent in-law; (d) any other member of the person’s household; (e) a grandparent or grandchild; or (f) any other person who is dependent on the person’s care. 7.2.1.3 Personal leave means leave provided for in accordance with clause 7.3. 7.2.1.4 Bereavement leave means leave provided for in accordance with clause 7.4. 7.2.2 Paid personal leave to care for a family member 7.2.2.1 An employee (other than a casual employee) with responsibilities in relation to a member of the employee’s family who need the employee’s care and support: (a) due to personal injury; or (b) for the purposes of caring for a family member who is sick and requires the employee’s care and support or who requires care due to an unexpected emergency, is entitled to up to 10 days or 76 hours in any completed year of continuous service (pro rata for part-time employees) to provide care and support for such persons when they are ill. 7.2.2.2 By agreement between the employer and an individual employee, the employee may access an additional amount of their accrued personal leave for the purposes set out in this clause. In such circumstances, the employer and the employee shall agree upon the additional amount that may be accessed. 7.2.2.3 The entitlement to use personal leave to care for a family member is subject to the employee being responsible for the care of the person concerned. 7.2.2.4 The employee must, if required by the employer, establish 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. 7.2.2.5 In normal circumstances an employee must not take personal leave to care for a family member where another person has taken leave to care for the same person. 7.2.2.6 The employee must, where 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 must notify the employer by telephone of such absence at the first opportunity on the day of the absence. 7.2.3 Unpaid personal leave to care for a family member 7.2.3.1 Where an employee has exhausted all paid personal leave entitlements, an employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill or who requires care due to an unexpected emergency. 7.2.3.2 The employer and the employee shall agree upon the period of unpaid personal leave to care for a family member which may be taken. 7.2.3.3 In absence of the agreement between the employer and the employee, the employee is entitled to take up to two days (of a maximum of 16 hours) of unpaid leave per occasion, provided that notice and evidentiary requirements are met. 7.2.4 Single day absences Single day absences may be taken for personal leave to care for a family member as provided for in Clause 7.1.4 Time of Taking Annual Leave. 7.2.5 Casual employees caring responsibilities 7.2.5.1 Casual employees are not entitled to personal leave to care for a family member or bereavement leave but subject to the evidentiary and notice requirements in 7.2.2 and 7.4.1.1, casuals are entitled to not be available to attend work, or to leave work: (a) to care for a member of their family who is sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child; or (b) upon the death of a family member. 7.2.5.2 The period for which the employee will be entitled to not be available to attend work for each occasion in clause 7.2.5.1 is: (a) the period agreed upon between the employer and the employee; or (b) up to 48 hours (or 2 days) per occasion. 7.2.5.3 The casual employee is not entitled to any payment for the period of non- attendance under this clause. 7.2.5.4 An employer must not fail to re-engage a casual employee because the employee accessed the entitlement provided for under this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected. 7.2.5.5 This clause does not intend to alter the nature of casual employment and is without prejudice to any parties’ arguments about the nature of casual employment. CLAUSE 7.3 PERSONAL LEAVE – INJURY AND SICKNESS OPDATE 15:03:2006 1st pp on or after 7.3.1 Entitlement to personal leave 7.3.1.1 An employee (other than a casual employee) who has a personal leave credit is entitled to take paid personal leave if the employee is too sick to work. 7.3.1.2 An employee (other than a casual employee) who has a personal leave credit and who is on annual leave is entitled to take paid personal leave if the person is too sick to work for a period of at least 3 days. Personal leave so taken does not count as annual leave. 7.3.2 Accrual of personal leave entitlement 7.3.2.1 An employee’s entitlement to personal leave accrues as follows: 7.3.2.2 For the first year of continuous service - at the rate of 1.46 hours for each completed 38 ordinary hours of work to a maximum of 76 hours; and 7.3.2.2(a) For each later year of continuous service, at the beginning of each year: (i) a full-time employee accrues 76 hours (ii) a Yüklə 1,25 Mb. Dostları ilə paylaş:
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