An150130 Retail Industry (South Australia) Award
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Any other day which is declared to be a public holiday pursuant to the Holidays Act 1910 shall be a public holiday for the purposes of this clause. 7.6.4 This paragraph applies where employees work part of their ordinary hours on a public holiday and where those employees are paid pursuant to Schedule 1. Such employees 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 column 2 or 3 of Schedule 1. 7.6.5 This clause applies where employees paid pursuant to Schedule 2 work part of their ordinary hours on a public holiday. Such employees will be paid at the rate of double time for all hours so worked. The rate of double time for such an employee will be calculated by reference to the appropriate hourly rate set out in columns 2 and 3 of Schedule 2. 7.6.6 This paragraph applies where employees work part of their ordinary hours on a public holiday and where those employees are paid pursuant to Schedule 3. Such employees (whether full-time, part-time or casual) shall be paid at the rate of double time for all hours so worked. The rate of double time shall be calculated by reference to the appropriate hourly rates set out in column 2 of Schedule 3. 7.6.7 Employees paid pursuant to Schedule 4 who work any part of their ordinary hours on a public holiday shall be paid in accordance with clause 4.10. CLAUSE 7.7 PUBLIC HOLIDAYS AND PERSONAL LEAVE FALLING ON ROSTERED DAYS OFF OPDATE 15:03:2006 1st pp on or after 7.7.1 When a public holiday falls on an employee's Saturday off duty, the employee shall be paid for the ordinary hours for which the employee would have worked had it not been a rostered day off. 7.7.2 When a public holiday falls on an employee's rostered day off (other than a Saturday), the employee shall by mutual agreement with the employer be paid in accordance with one of the following methods: (a) Payment of an additional day's wages (as defined); (b) An additional day (as defined) to be added to the employee's annual leave; or (c) An additional day (as defined) to be allowed off with pay to the employee within 14 days of the holiday falling. 7.7.3 In the absence of mutual agreement between the employee and the employer, the provision contained in 7.7.2(a) shall apply. 7.7.4 No additional payment shall be made to an employee if the employee is sick on the day or half-day off duty. 7.7.5 For the purpose of this clause additional day/s wages shall mean an additional day's pay or time off (as the case may be) equivalent to the ordinary number of hours worked on the same day of the previous week. 7.7.6 This clause does not apply to employees paid pursuant to Schedule 3 (other than canteen employees) or to employees paid pursuant to Schedule 4. CLAUSE 7.8 BLOOD DONOR LEAVE OPDATE 15:03:2006 1st pp on or after 7.8.1 A full-time employee who is absent during ordinary working hours for the purpose of donating blood shall not suffer any deduction of pay up to a maximum of 2 hours on each occasion and subject to a maximum of 4 separate absences for the purpose of donating blood each calendar year. 7.8.2 The employee shall arrange for the absence to be on a day suitable to the employer and the absence shall be as close as possible to the beginning or ending of the employee's ordinary working hours. 7.8.3 Proof of attendance of the employee at a recognised place for the purpose of donating blood and the duration of such attendance shall be furnished to the satisfaction of the employer. 7.8.4 The employee shall notify the employer as soon as possible of time and date upon which the employee is requesting permission to be absent for the purpose of donating blood. CLAUSE 7.9 TRADE UNION TRAINING LEAVE OPDATE 15:03:2006 1st pp on or after 7.9.1 General obligation to allow trade union training leave Employees shall be allowed leave without loss of pay for ordinary working hours (excluding penalty payments) to attend trade union training courses conducted or sponsored by the appropriate Trade Union training authority. Preference in the granting of this leave shall be given to members of the Union. 7.9.2 General quantum of trade union training leave 7.9.2.1 Where an employer employs full-time and/or part-time employees bound by this award who work in total less than 380 hours per week, no leave need be granted. 7.9.2.2 Where an employer employs full-time and/or part-time employees bound by this award who work in total between 380 and less 1,900 hours per week, a maximum of 5 days' leave per annum shall be granted by that employer. 7.9.2.3 Where an employer employs full-time and/or part-time employees bound by this award who work in total between 1,900 and less than 3,800 hours per week, a maximum of 10 days' leave per annum shall be granted by that employer. 7.9.2.4 Where an employer employs full-time and/or part-time employees bound by this award who work in total 3,800 or more hours per week, a maximum of 20 days' leave per annum shall be granted by that employer. 7.9.3 Additional trade union training leave for union delegates 7.9.3.1 Employees who are recognised as job delegates by the employer shall be allowed additional leave without loss of pay for ordinary working hours (excluding penalty payments) in accordance with the following criteria: 7.9.3.2 Where an employer employs full-time and/or part-time employees bound by this award who work in total less than 380 hours per week, no leave need be granted. 7.9.3.3 Where an employer employs full-time and/or part-time employees bound by this award who work in total between 380 and less than 1,900 hours per week, an additional 5 days' leave per annum shall be granted by that employer. 7.9.3.4 Where an employer employs full-time and/or part-time employees bound by this award who work in total between 1,900 and less than 3,800 hours per week, an additional 10 days' leave per annum shall be granted by that employer. 7.9.3.5 Where an employer employs full-time and/or part-time employees bound by this award who work in total 3,800 or more hours per week, an additional 15 days' leave per annum shall be granted by that employer. 7.9.4 Maximum amount of leave per year per employee An individual employee shall not be granted more than 5 days leave within any period of 12 consecutive months without the consent of the employer. 7.9.5 Trade union training leave for casual employees Casual employees who have been employed for at least 12 months and who have worked an average of at least 20 ordinary time hours per week over the preceding 12 months shall, subject to this clause, be entitled to trade union training leave without loss of pay for the ordinary hours that would have been worked by those casual employees during the period of trade union training leave. 7.9.6 Notice of application for leave An application for leave pursuant to this clause should, where possible, be made 8 weeks prior to the date of commencement of the course. If less than 4 weeks' notice is given, leave need not be granted. 7.9.7 No disruption to employer's business Leave shall only be granted where the employer is able to make adequate staffing arrangements during the period of leave and so long as no disruption is likely to be caused to the conduct of the employer's business. The onus shall rest with the employer to demonstrate an inability to grant leave under this paragraph. 7.9.8 Employee service before entitlement to leave An employee must complete a period of 12 months service with an employer before becoming eligible for the leave. In the case of shops which have recently opened, a minimum of 6 months' service (rather than 12 months') must be completed. Should the employer demonstrate that allowing leave before completion of 12 months' service will cause disruption, this provision will not apply. 7.9.9 Maximum number of employees on leave at any one time At any one time, no more than one employee of any one establishment of an employer covered by this award shall be on leave pursuant to this clause unless the employer agrees otherwise. 7.9.10 Employers exempted This clause shall not bind an employer who employs full-time or part-time employees bound by this Award who work in total less than 380 hours per week. 7.9.11 No liability for additional costs The employer shall not be liable for any additional costs (other than the payment of wages) to the employee while the employee is on leave except for the payment of extra remuneration where relieving arrangements are instituted to cover the absence of the employee. 7.9.12 Applications for leave An application for leave pursuant to this clause shall be made in writing by the Union to the employer and shall include the following details. (a) the name of the employee for whom leave is sought (b) period of time for which leave is sought (including daily commencing and finishing times) (c) title, description and agenda of the course or courses to be attended (d) the place or places where the course will be held (e) the name of the person or persons conducting the course (f) a copy of the syllabus or curriculum of the course to be attended, if available. 7.9.13 Recall of employees from leave Where an employee attending a course pursuant to this clause is recalled to work by the employer because of reasons unforeseen at the time of granting leave, all time spent at the course prior to recall shall be reinstated as if no leave had been taken. 7.9.14 Employee failing to attend a course Where an employee fails to attend the course for which leave has been granted by the employer, the Union shall notify the employer as soon as possible of both the non- attendance and the period of non-attendance. The employer shall not be required to pay wages for any period of leave during which the employee does not attend the designated course unless the employee demonstrates that failure to attend the course was due to illness. 7.9.15 Report by employees on course Employees granted leave shall, within 14 days after completion of the course for which leave was granted, provide the employer with a report outlining the nature of the course and the employees' observations on it. 7.9.16 Continuous service Leave taken pursuant to this clause shall be counted as continuous service for all purposes of the award and for the purposes of the Long Service Leave Act, 1987. PART 8 - TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK OPDATE 15:03:2006 1st pp on or after Vacant PART 9 - TRAINING AND RELATED MATTERS CLAUSE 9.1 TRAINING OF EMPLOYEES OPDATE 15:03:2006 1st pp on or after
OPDATE 15:03:2006 1st pp on or after When the employer or another person has arranged a product knowledge night, the employee's attendance shall be optional. CLAUSE 9.3 TRAINING WAGE ARRANGEMENTS OPDATE 15:03:2006 1st pp on or after Refer to Schedule 7. PART 10 - OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT, TOOLS AND AMENTIES CLAUSE 10.1 FIRST AID ATTENDANT OPDATE 15:03:2006 1st pp on or after
OPDATE 15:03:2006 1st pp on or after Where an employee is required to work in a place or places where the temperature is reduced by artificial means below 2oC such employee shall be provided with suitable protective clothing for the period in which the employee is so employed. This clause does not apply to employees paid pursuant to Schedule 3 or Schedule 4. CLAUSE 10.3 UNIFORMS OPDATE 15:03:2006 1st pp on or after If an employer requires an employee to wear a garment distinctive to the employer's establishment or any part thereof, the employer shall provide, maintain and (if necessary) launder such garment which shall remain the property of the employer. Nothing in this clause shall require an employer to supply an employee with an ordinary dress or suit of dark material, or to supply a grocery assistant with a white coat, a black coat or an apron. PART 11 - AWARD COMPLIANCE AND ASSOCIATION RELATED MATTERS CLAUSE 11.1 POSTING OF AWARD OPDATE 15:03:2006 1st pp on or after
OPDATE 15:03:2006 1st pp on or after 11.2.1 An employer bound by this Award shall permit an accredited official from the Union, to post formal union notices signed by the State Secretary or the Assistant Secretary of the Union, posting it upon an appropriate notice board. 11.2.2 Such notices shall however only contain information relevant to this Award and union activity in connection with the Award. 11.2.3 Any notice deemed offensive by the employer may be removed, such action being subject to a right of review under the Grievance Procedure prescribed in clause 3.3 of this Award. 11.2.4 This clause shall only apply to an employer of 9 or more employees bound by this Award. CLAUSE 11.3 RIGHT OF ENTRY OPDATE 15:03:2006 1st pp on or after 11.3.1 An accredited officer of the Union must be permitted to enter an employer’s premises at which one or more of the Union’s members are employed for the following purposes: 11.3.1.1 To inspect the time books and wage records that the employer is required to keep or cause to be kept at those premises pursuant to section 102 of the Act. 11.3.1.2 To inspect the work carried out by the employees and note the conditions under which the work is carried out. 11.3.1.3 To interview employees (being employees who are members or who are eligible to become members, of the Union) in relation to membership and business of the Union. 11.3.2 No right of entry shall be exercised under this clause for any purpose or purposes other than the purposes expressly enumerated in clause 11.3.1. 11.3.3 No right of entry shall be exercised under this clause unless: 11.3.3.1 An accredited officer of the Union gives at least 24 hours' notice to the employer whose premises are to be entered of that officer's intention to enter the premises and states to the employer for which of the provisions of clause 11.3.1 the right of entry is sought. 11.3.3.2 The accredited officer of the Union complies with all security and safety procedures and restrictions normally in force on the employer's premises. 11.3.4 Unless otherwise agreed, the exercise of any right of entry under this clause on any employer's premises shall take place during meal or tea breaks except in the following circumstances: 11.3.4.1 Where the Union has not previously exercised a right of entry pursuant to clause 11.3.1.3 on those premises, an employer shall not unreasonably withhold consent to a request from an accredited officer of the Union to interview employees during working hours. For the purposes of this clause an employer's premises shall mean each individual premises which an employer shall have under the employer's care and control. Where a right of entry is exercised pursuant to this placitum such right of entry shall be exercised not more than once per calendar year unless otherwise agreed. 11.3.4.2 Where it is not practicable for the accredited officer of the Union to exercise a right of entry during meal or tea breaks on the employer's premises. 11.3.5 Unless otherwise agreed, no right of entry shall be exercised under this clause on the same premises on more than one occasion per week during working hours (exclusive of meal and tea breaks). 11.3.6 Unless otherwise agreed, no more than one accredited officer of the Union shall be on the premises at any one time during working hours (exclusive of meal and tea breaks). 11.3.7 The employer may nominate a representative who may accompany the accredited officer of the Union throughout the period of that entry onto the employer's premises under this clause (except during the period in which the accredited officer is interviewing employees pursuant to clause 11.3.1.3). 11.3.8 Where an accredited officer of the Union seeks to interview employees either individually or as a group during meal or tea breaks at the premises of the employer, the accredited officer shall make such arrangements with the employer as to the time and place of such interview or interviews as are necessary to prevent disruption to the employer's business. 11.3.9 Interviews shall either be held in the meal/lunch room on the employer's premises or at such other suitable place as may be nominated by the employer. If no suitable place is nominated by the employer interviews may take place at an employee's work station. 11.3.10 Any interviews by an accredited officer of the Union during working hours (exclusive of meal and tea breaks) shall be kept to the minimum time necessary for the proper effecting of the purposes of that interview. 11.3.11 No accredited officer of the Union shall exercise the powers conferred by this clause in such a manner so as to hinder or obstruct an employee in the carrying out of the employees' duties of employment or to interfere with the proper carrying on of the employer's business. 11.3.12 In this clause an accredited officer of the Union shall mean any officer of the Union who produces to the employer an authorisation in writing by the President of the Union and which authorisation bears a certificate in writing signed by the Industrial Registrar. 11.3.13 Any dispute as to the operations of this clause shall be processed in accordance with Clause 3.3 Grievance Procedure. SCHEDULE 1 - WAGES FOR EMPLOYEES IN ESTABLISHMENTS WHICH DID NOT TRADE AFTER 12.30PM ON SATURDAY AS AT 1 DECEMBER 2004 AND WHICH ELECT NOT TO DO SO IN FUTURE OPDATE 15:03:2006 1st pp on or after Note:- The wages in this Schedule operated from the first pay period to commence on or after 10 July 2005. CLAUSE S1.1 APPLICATION OF SCHEDULE The wages set out in this Schedule apply only to employees working in establishments which do not trade after 12.30pm on Saturday in any given week. If the establishment in any given week trades after 12.30pm on Saturday, the wages set out in this Schedule must not be used. An establishment which trades after 12.30pm on Saturday in any given week must use the wages set out in Schedule 2 for that week. The wages set out in this Schedule apply to all employees covered by this Award except for employees employed: (a) in or about a canteen, cafe, restaurant, tea room, takeaway chicken shop or fish shop which is located in or about a shop operated by an employer otherwise bound by this Award; (b) employees engaged in the sale of goods by retail predominantly away from the employer's premises. Employees covered by (a) above must be paid pursuant to Schedule 3. Employees covered by (b) above must be paid pursuant to Schedule 4. CLAUSE S1.2 WAGE RELATIVITIES The wage relativities in this award have been established via the structural efficiency and minimum rates adjustment processes in accordance with the September 1989 State Wage Case decision (Print I.69/1989). CLAUSE S1.3 EMPLOYEES OTHER THAN DISPLAY EMPLOYEES
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