An150130 Retail Industry (South Australia) Award
CLAUSE 1.3 SCOPE AND PERSONS BOUND
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CLAUSE 1.3 SCOPE AND PERSONS BOUND OPDATE 15:03:2006 1st pp on or after 1.3.1 This Award shall be binding on all persons engaged in the industry of the occupations of persons employed (whether wholly or in part): (a) In buying and/or purchasing and/or acquiring goods; (b) In or about any shop in receiving, preparing for sale or hire, goods; (c) In displaying, shelf-filling, replenishing, price entering or marking, demonstrating, promoting, or any other method of exposing or presenting for sale or hire of, goods in or about any shop; (d) In selling or hiring goods by any means; (e) In the provision of a consumer service in or from a shop; (f) In recording by any means a sale or hire and/or in wrapping and/or preparing goods for despatch; (g) In despatching goods, including transferring goods between stores or shops; (h) In the supply of food or beverages in or in connection with a canteen, 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 otherwise bound by this Award; (i) Supervising and directing persons employed in or in connection with/and/or planning and organising the functions or combinations of functions described in paragraphs 1.3.1(a) to (h) inclusive, who are in the employ of an employer engaged in the sale of goods wholly by retail, or partly by retail and partly by wholesale, or engaged in the hire of video cassettes or clothing (other than industrial clothing). But in all cases excluding any persons who are employed pursuant to an Industrial Agreement within the meaning of the Act. 1.3.2 The terms of this Award shall not be binding upon persons who are subject to an Enterprise Agreement within the meaning of the Act, but only to the extent of any inconsistency. 1.3.3 In regard to the employment of persons paid pursuant to Schedule 4, this Award shall not be binding upon: (a) Employees bound by the Transport Workers' (SA) Award in respect of Driver Salesperson as defined; (b) Independent commission sales agents (except for those described in Schedule 6); (c) Commercial travellers; (d) Wholesale sellers; (e) Real estate salespersons; (f) Auctioneers; (g) Members of the Direct Selling Association of Australia. CLAUSE 1.4 LOCALITY OPDATE 15:03:2006 1st pp on or after This Award shall apply throughout the State of South Australia. CLAUSE 1.5 OPERATION AND DURATION OF AWARD OPDATE 15:03:2006 1st pp on or after The original Award commenced on the 17th day of July 1991 and superseded the previously existing provisions contained in the Shop Award, the Shop Assistants (Country) Award, and those provisions which formerly applied to specified employees and employers who were bound by the Cafes and Restaurants Etc. Award, the Canteen Employees (Industrial and Commercial) Award, and the Retail Outdoor Salespersons and Demonstrators Award. This Award as varied by section 99 review operates from the first pay period commencing on or after 15 March 2006 and remains in force until varied, rescinded or superseded. CLAUSE 1.6 ANTI-DISCRIMINATION OPDATE 15:03:2006 1st pp on or after 1.6.1 It is the intention of the parties to this award to achieve the principal object of section 3(m) of the Act by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 1.6.2 Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the parties must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects. 1.6.3 Nothing in this clause is to be taken to affect: 1.6.3.1 Any different treatment (or treatment having different effects) which is specifically exempted under the State or Commonwealth anti-discrimination legislation; 1.6.3.2 Until considered and determined further by the Commission, the payment of different wages for employees who have not reached a particular age; 1.6.3.3 An employee, employer or registered organisation, pursuing matters of discrimination in the State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission. 1.6.4 Nothing in this clause is to be taken to prevent: 1.6.4.1 A matter referred to in 1.6.1 from being a reason for terminating employment if the reason is based on the inherent requirements of the particular position. 1.6.4.2 A matter referred to in 1.6.1 from being a reason for terminating a person’s employment as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teachings of a particular religion or creed, if the employer terminates the employment in good faith in order to avoid injury to the religious susceptibilities of adherents of the religion or creed. CLAUSE 1.7 DEFINITIONS OPDATE 15:03:2006 1st pp on or after 1.7.1 Whenever the following words or expressions are used in this Award, they shall have the meaning set out in this clause. 1.7.2 Act means the Fair Work Act 1994. 1.7.3 Classifications covered by this Award are defined in Schedule 5. 1.7.4 Commission means the Industrial Relations Commission of South Australia. 1.7.5 Continuous service 1.7.5.1 Maintenance of continuous service Except as otherwise indicated, service is deemed to be continuous despite: (a) absence of the employee from work in accordance with the employee’s contract of employment or any provision of this Award. (b) absence of the employee from work for any cause by leave of the employer. (c) absence from work on account of illness, disease or injury. (d) absence with reasonable cause. Proof of such reasonable cause lies with the employee. (e) interruption or termination of the employee’s service by an act or omission of the employer with the intention of avoiding any obligation imposed by this Award, the Act or the Long Service Leave Act 1987. (f) interruption or termination of the employee’s service arising directly or indirectly from an industrial dispute if the employee returns to the service of the employer in consequence of the settlement of the dispute. (g) transfer of the employment of an employee from one employer to a second employer where the second employer is the successor or assignee or transmittee of the first employer’s business. In this case, service with the first employer is deemed to be service with the second employer. (h) interruption or termination of the employee’s service by the employer for any reason other than those referred to in this clause if the worker returns to the service of the employer within two months of the date on which the service was interrupted or terminated. (i) any other absence from work for any reason other than those referred to in this clause unless written notice is given by the employer that the absence from work is to be taken as breaking the employee’s continuity of service. Such notice must be given during the period of absence or no later than 14 days after the end of the period of absence. 1.7.5.2 Calculation of period of service Where an employee’s service is deemed to be continuous under this clause, the period of absence from work is not to be taken into account in calculating the employee’s period of time served with the employer except: (a) to the extent that the employee receives or is entitled to receive pay for the period, or; (b) where the absence results from a decision of the employer to stand the employee off without pay. 1.7.6 Spouse includes defacto spouse but, except in relation to parental leave does not include a spouse from whom the employee is separated. 1.7.7 Union means the Shop, Distributive and Allied Employees’ Association, South Australian Branch. 1.7.8 Years of experience shall be experience within 5 years immediately preceding the date of engagement by the employer or years subsequent to that date. 1.7.9 Weeks pay means the ordinary time rate of pay for the employee concerned as prescribed in clause 4.12.1 CLAUSE 1.8 LEAVE RESERVED OPDATE 15:03:2006 1st pp on or after 1.8.1 The Union and employer parties agree that the interaction of clauses 6.1, 6.2, 6.10 and 7.7 must be examined and simplified to reflect the requirements of the industry. 1.8.2 Number of Junior Workers and/or Improvers. 1.8.3 Clause 6.9 Overtime (Other than on Sundays and Public Holidays). 1.8.4 Clause 7.7 Public Holidays and Personal leave Falling on Rostered Days Off. CLAUSE 1.9 SAVINGS CLAUSE OPDATE 15:03:2006 1st pp on or after No employer or employee who was, prior to the variation of this Award on the 16th day of July 1991, subject to the provisions of the:
shall be prejudiced with respect to award entitlements as a consequence of the variation. PART 2 - AWARD FLEXIBILITY CLAUSE 2.1 FLEXIBILITY OF WORK OPDATE 15:03:2006 1st pp on or after
OPDATE 15:03:2006 1st pp on or after 3.1.1 Notification of intended changes 3.1.1.1 Where an employer has made a definite decision to implement changes in production, programme, organization, structure or technology that are likely to have significant effects on employees, the employer shall as soon as practicable notify the employees who may be affected by the proposed changes and the Union. 3.1.1.2 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. 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. 3.1.2 Consultation with employees and their union 3.1.2.1 The employer shall discuss with the employees affected and their union, among other things, the introduction of the changes referred to in clause 3.1.1.1, 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 give prompt consideration to matters raised by the employees and/or their union in relation to the changes. 3.1.2.2 The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 3.1.1.1. 3.1.2.3 For the purposes of such discussion, the employer shall provide in writing to the employees concerned and their union, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and any other matters likely to affect employees but any employer shall not be required to disclose confidential information disclosure of which, when looked at objectively, would be against the employer's interests. CLAUSE 3.2 CONSULTATIVE MECHANISM OPDATE 15:03:2006 1st pp on or after Enterprises are to establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters affecting their efficiency and productivity. CLAUSE 3.3 GRIEVANCE PROCEDURE OPDATE 15:03:2006 1st pp on or after 3.3.1 The following procedure should be utilised to ensue that all employee grievances are dealt with appropriately. 3.3.1.1 In the first instance, the matter shall, whenever possible, be discussed by the aggrieved employee and the immediate supervisor at the store concerned, with a joint intent of achieving a satisfactory resolution. 3.3.1.2 If the matter remains unresolved, an employee representative, which may include a union representative and an appropriate representative of the employer, will assist in satisfactorily resolving the issue. 3.3.1.3 Should the issue still remain unresolved, an employee representative and a senior representative of the employer will then attempt to resolve the matter. This may involve senior union officials and management meeting as required, to resolve any dispute. 3.3.1.4 If the matter still cannot be resolved, it is open to either party to refer a grievance to the Commission for resolution through conciliation and/or arbitration. The decision of the Commission at arbitration will be binding on both parties. 3.3.1.5 Until the matter is finally determined, all work shall continue in accordance with the practices existing prior to the matter in dispute arising, or other agreed arrangements. No party shall be prejudiced as to the final settlement by the continuation or deferment of the work in accordance with this clause 3.3.1.5. 3.3.2 Clause 3.3.1 is subject to the employer’s responsibility to provide a safe and healthy working environment. PART 4 - EMPLOYER AND EMPLOYEES’ DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS CLAUSE 4.1 CONTRACT OF HIRING OPDATE 15:03:2006 1st pp on or after
OPDATE 15:03:2006 1st pp on or after 4.2.1 Employees specifically engaged by the week prior to 1st September 1988 for a specified lesser number of hours than 38 (which shall be at least 18 hours per week) shall be deemed to be part-time employees. 4.2.2 Employees specifically engaged by the week on or after 1st September 1988 for a specified lesser number of hours than 38 (which shall be at least 12 hours per week) shall be deemed to be part-time employees. 4.2.3 Part-time employees shall be paid a proportion of the appropriate classification weekly rate prescribed by 5.2 on the basis of 38 hours according to the number of hours actually worked (i.e. an hourly rate of 1/38th of the appropriate classification). 4.2.4 Part-time employees shall be entitled to the penalties elsewhere prescribed in this Award for work performed on Saturdays, Sundays and public holidays. 4.2.5 Part-time employees shall be entitled on a pro rata basis to the paid leave entitlements prescribed by the Award. 4.2.6 The working roster of part-time employees working less than 18 hours per week shall not exceed 5 daily starts (work commencements) in any one-week period and shall not require such an employee to work less than 3 hours on any one occasion. 4.2.7 Where part-time employees usually work on a day of the week on which a public holiday occurs and where they are not required to work on that day, they shall be paid for the hours that they would have worked on that day. CLAUSE 4.3 TEMPORARY EMPLOYEES OPDATE 15:03:2006 1st pp on or after Employees may be engaged for a period not exceeding 10 consecutive weeks at or about Christmas each year as temporary employees. They shall be paid the same rate as is payable to other employees of the same classification. Temporary employees are exempt from clause 6.1.3. This clause does not apply to employees paid pursuant to Schedules 4 or 5. CLAUSE 4.4 CASUAL EMPLOYEES OPDATE 15:03:2006 1st pp on or after 4.4.1 Employees specifically engaged under a contract of hiring less than weekly shall be deemed to be casual employees hired by the hour. 4.4.2 Casual employees shall be paid a minimum rate higher by 20% than the appropriate weekly rate prescribed by Clause 5.2 Wages. In calculating the hourly rate for a casual employee, the weekly rate as increased by the 20% casual loading shall be divided by 38 and the result rounded off to the nearest cent. 4.4.3 Casual employees shall receive a minimum period of engagement of 3 hours for each engagement. Junior casual employees who work between 4.00pm and 6.00pm Monday to Friday shall be subject to a minimum period of engagement of 1.5 hours within the period specified in this paragraph. Should such an employee work between 6.00pm and 6.30pm, the employee shall be entitled to a minimum period of engagement of 2 hours for work performed between 4.00pm and 6.30pm. 4.4.4 With the exception of clause 4.11.3, clauses 4.11 and 4.12 shall not apply to casual employees. 4.4.5 Wages payable to casual employees who are paid pursuant to Schedule 3 (other than canteen employees) are governed by clause 4.8 and not by the provisions of this clause. 4.4.6 This clause does not apply to casual employees paid pursuant to Schedule 4. Such employees shall be paid the appropriate wages set out in column 3 of Schedule 4. CLAUSE 4.5 TRAINEES OPDATE 15:03:2006 1st pp on or after Provisions for retail trainees are as contained in Schedule 7 of this Award. CLAUSE 4.6 NUMBER OF JUNIOR WORKERS AND/OR IMPROVERS OPDATE 15:03:2006 1st pp on or after The number of junior workers and/or improvers who may be employed in any one shop will be set having regard to the necessity for such employees to receive adequate supervision for the purposes of occupational health safety and welfare and to receive appropriate training. CLAUSE 4.7 NIGHTFILLING STAFF OPDATE 15:03:2006 1st pp on or after 4.7.1 Employees may be specifically engaged for restocking fixtures on a full-time, part-time or casual basis. Such employees may also be employed in performing incidental functions such as fixture assembly, stock ordering and stock preparation. 4.7.2 Nightfilling staff may be engaged on the one day both as day-workers and also as nightfilling staff as defined in this clause. Where an employee performs both day-work and nightfilling work on the same day as part of that employee's ordinary hours of work, the work performed by that employee outside of the spread of ordinary hours set out in clause 6.1.1 shall be confined to nightfilling work as defined in this clause. 4.7.3 Hours of work 4.7.3.1 The ordinary hours for employees employed as nightfilling staff in accordance with clause 4.7.1 and paid pursuant to Schedule 1 will be between 6.30pm and 12.30am on the following day, from Monday to Friday. 4.7.3.2 The ordinary hours for employees employed as nightfilling staff in accordance with clause 4.7.1 and paid pursuant to Schedule 2 will be between 6.30pm and 12.30am on the following day, from Monday to Friday and between 5.30pm and 8.30pm on Saturday and Sunday. 4.7.4 Nightfilling staff must be given a minimum engagement of 3 hours. 4.7.5 Nightfilling staff (including nightfilling staff engaged on the one day as both day- workers and also as nightfilling staff) must be given an unpaid meal break of at least 30 minutes after 4 hours of work and before completion of 5 hours of work. 4.7.6 Employees engaged as nightfilling staff shall not work on more than 5 nights in any one week. 4.7.7 Where an employee works in an establishment which as at 1 December 2004 did not trade after 12.30pm on Saturday, and where that establishment elects not to trade after 12.30pm on Saturday in future, that employee must be paid a loading of 10% for all hours worked between 6.30pm and 12.00 midnight. Such an employee shall be paid a loading of 25% for all time worked between 12.00 midnight and 12.30am. The penalty loadings set out in this clause 4.7.7 shall be calculated by reference to the appropriate hourly rates set out in columns 2 and 3 of Schedule 1. 4.7.8 Employees paid pursuant to Schedule 2 shall be paid the appropriate rate set out in Schedule 2 for all hours worked within the spread of ordinary hours as set out in clause 4.7.3.2. 4.7.9 This clause does not apply to employees paid pursuant to Schedule 3 or Schedule 4. CLAUSE 4.8 CONDITIONS OF EMPLOYMENT SPECIFIC TO CAFES AND RESTAURANTS OPDATE 15:03:2006 1st pp on or after 4.8.1 General This clause shall apply in respect of 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. Except as is specifically provided by this clause, any other employment conditions for these employees shall be governed by the other clauses of this Award. 4.8.2 Full-time and part-time employees 4.8.2.1 The maximum number of ordinary hours to be worked by any weekly hired employee in any one week to entitle the employee to an ordinary week's wages as set out in Schedule 3 shall not exceed:
4.8.2.2 For all time worked in ordinary hours before 6.00am or after 6.00pm Monday to Friday an additional 10% penalty shall be paid. 4.8.2.3 For all time worked in ordinary hours on Saturday (not being the day after Good Friday) employees shall be paid the following penalties:
4.8.2.4 For work performed in ordinary hours on Sunday employees shall be paid an additional 100%. 4.8.2.5 The penalties set out in this clause 4.8.2 shall be based upon the weekly rates set out in Schedule 3 as divided by 38. 4.8.3 Penalties for casual employees 4.8.3.1 Casual employees shall be paid a minimum rate higher by 20% than the hourly rate determined by dividing the appropriate weekly rate prescribed in Schedule 3 by 38 (the "20% casual loading"). 4.8.3.2 A casual employee shall be paid:
for all time intervening between the time of commencement and the time of finally ceasing work (notwithstanding any interruption other than for a meal break during such time) at a rate higher by 30% than the ordinary rate prescribed in Schedule 3 in lieu of the 20% casual loading. 4.8.3.3 For work performed in ordinary hours on a Saturday (not being the day after Good Friday), casual employees shall be paid the following penalties:
4.8.3.4 For work performed in ordinary hours on a Sunday, casual employees shall be paid an additional 120% penalty in lieu of the 20% casual loading. 4.8.3.5 The penalties set out in this clause 4.8.3 shall be based upon the weekly rates set out in Schedule 3 as divided by 38. 4.8.3.6 A casual employee shall be engaged for a minimum period of 3 hours on any day. 4.8.3.7 When a casual employee has ceased work on any day but is required to return to work later the same day, the employee shall be paid an additional $0.30 on each such occasion. 4.8.4 Catering staff 4.8.4.1 Catering employee is defined in Schedule 5 – Classification Definitions. 4.8.4.2 If any catering employee is engaged for a period of 8 hours, the employee shall (whether or not the full period is worked) be paid for a period of 8 hours at not less than the appropriate rate prescribed in Schedule 3, plus 25% thereof. 4.8.4.3 If any catering employee is not engaged by the day, the employee shall be deemed to be engaged by the hour. Any such employee shall be paid not less than the appropriate rate prescribed in Schedule 3, plus two-thirds thereof for the hours so employed. 4.8.4.4 If any catering employee works for less than 3 hours on any day the employee shall nevertheless be paid for 3 hours. If the employee attends at the place for which the employee is engaged to commence work and if the employee is not required to commence work, the employee shall be paid for one hour at the appropriate rate prescribed by this clause 4.8.4. 4.8.4.5 If any catering employee works more than 8 hours in any day, or if any catering employee works beyond 11.30pm, the employee shall be paid at not less than double the appropriate rate prescribed by Schedule 3 for the time worked in excess of 8 hours or beyond 11.30pm. 4.8.4.6 Catering employees must be paid fares reasonably incurred in travelling to and from the place of employment. Fares shall be calculated from the General Post Office, Adelaide. 4.8.4.7 Clauses 6.9 and 6.10 shall not apply to catering employees. CLAUSE 4.9 CONDITIONS OF EMPLOYMENT SPECIFIC TO DISPLAY EMPLOYEES OPDATE 15:03:2006 1st pp on or after 4.9.1 Supply of tools The employer shall provide the tools necessary for display employees to perform all work required by the employer to be done. 4.9.2 Protective clothing Where it is necessary for an employee to wear protective clothing it shall be provided by the employer. The question as to whether protective clothing is necessary for any employee shall be settled by agreement between the employer and the Union, and in default of such shall be resolved through the grievance procedure. Such clothing shall remain the property of the employer. 4.8.3 Transport When an employee's usual means of transport or public transport is not available after ceasing work (other than as a result of abnormal circumstances) the employer shall provide transport for such employee to the employee's home or usual place of residence. CLAUSE 4.10 CONDITIONS OF EMPLOYMENT SPECIFIC TO RETAIL OUTDOOR SALESPERSONS OPDATE 15:03:2006 1st pp on or after 4.10.1 General This clause shall apply in respect of employees engaged in the sale of goods by retail predominantly away from the employer's place of business. Except as is specifically provided by this clause, any other employment conditions for these employees shall be governed by the other clauses of this Award. 4.10.2 Hours of work and overtime Clause 6.1 Hours of Work and Clause 6.10 Overtime shall not apply to employees paid pursuant to Schedule 4. 4.10.3 Weekends and public holidays This clause 4.10.3 shall apply in lieu of Clause 6.3 Saturday and Late Night Work in Ordinary Time, Clause 6.9 Overtime Sundays and on Public Holidays and Clause 7.6 where it prescribes a penalty for employees who work ordinary hours on a public holiday. A salesperson paid pursuant to Schedule 4 who is required by the employer to remain away from home on a Saturday or on a Sunday in excess of 24 hours shall receive (in addition to any other remuneration prescribed by this Award) an allowance as prescribed in Schedule 10 for any such day. 4.10.4 Special duties An employee required by the employer to work at trade fairs, exhibitions, agricultural shows or for stocktaking purposes after 6.00pm Monday to Friday or after 12.00 noon on Saturday or on Sunday shall be paid at the rate as prescribed in Schedule 10 per hour for every hour worked with a minimum payment for 3 hours. 4.10.5 Sunday work In addition to the allowance prescribed by clause 4.10.3, an employee who is directed by the employer to attend work on a Sunday (other than in the circumstances prescribed in clause 4.10.4) shall be paid double the appropriate ordinary rate of pay prescribed by Schedule 4. Double time shall be calculated by dividing the appropriate weekly rate by 38. 4.10.6 Commissions 4.10.6.1 The following provisions shall apply instead of Clause 5.3 Commissions. 4.10.6.2 The basis of the commission agreement shall be put in writing and a copy given to the salesperson within 14 days of commencing employment. The commission agreement shall not be altered except by mutual consent or by a week's notice in writing from the employer to the salesperson. 4.10.6.3 For the purpose of computing commission payable, goods shall be regarded as having been sold (and commission earned) on the date of despatch of the goods to the customer. Commission shall be paid to the salesperson not later than the last day of the calendar month following the month in which the goods were sold. Any commission paid pursuant to this clause may be adjusted in any subsequent month where goods have been returned within 3 months of despatch. 4.10.6.4 At the time commission is paid, each salesperson shall be furnished with sufficient information to enable the employee to check that the correct amount has been paid. 4.10.6.5 Where the employment of a salesperson is terminated for any reason other than serious misconduct or repeated misconduct justifying instant dismissal, the employee shall be entitled to commission for goods sold during employment where those goods comprised are despatched to the customer within 6 months of termination of employment. 4.10.7 Vehicle allowance The following provision shall apply in lieu of Clause 5.7 Vehicle Allowance. Where an employer provides a motor vehicle for the use of an employee, all expenses arising out of the provision, maintenance and operation of the vehicle for business purposes shall be paid by the employer. Where a salesperson is required to use the salesperson's own motor vehicle (with the authorisation of the employer) in the course of duties, the salesperson shall be paid a minimum allowance as set out in Schedule 10. This allowance must be paid weekly or fortnightly unless there is mutual consent between the employer and employee to the contrary. 4.10.8 Expenses and accommodation 4.10.8.1 The wages prescribed in Schedule 4 do not include payment for approved expenses incurred in the discharge of the salesperson's duties. All such expenses shall be arranged between the employer and the salesperson and shall be paid weekly or fortnightly at the option of the employer. Where reasonably ascertainable, the expenses payable hereunder are to be paid in advance. 4.10.8.2 A salesperson or a junior salesperson shall be reimbursed for the cost of a midday meal (but not in excess of the amount prescribed in Schedule 10) for each day while on duty in a country area which is not the employee's home town. 4.10.8.3 Where an employee is given not less than 24 hours' notice by the employer of a obligation to work pursuant to clause 4.10.8.2, the meal allowance shall not be payable. 4.10.8.4 Clean, secure and comfortable accommodation shall be allowed and provided by the employer. Where sea or rail travel is necessarily involved, a first class rail or sea ticket shall be allowed and provided by the employer. Where air travel is necessarily involved, an economy class air fare ticket shall be allowed and provided by the employer. 4.10.8.5 The employer and the salesperson shall mutually agree what town shall be regarded as the traveller's home town. The employer shall not be liable for cost of accommodation of the traveller for the time spent in the home town. 4.10.9 Probationary salesperson 4.10.9.1 Probationary salesperson shall mean a salesperson with less than 6 months service. 4.10.9.2 The contract of hiring of a probationary salesperson having less than 4 consecutive weeks' experience as a salesperson may be terminated by either party on 2 days notice or by the payment or forfeiture of two-fifths of the ordinary weekly wage of a probationary salesperson. CLAUSE 4.11 TERMINATION OF EMPLOYMENT 4.11.1 Notice of termination by employer 4.11.1.1 In order to terminate the employment of an employee, the employer must give the employee the following notice:
4.11.1.2 In addition to the notice in 4.11.1.1, employees over forty-five years of age at the time of the giving of notice, with not less than 2 years continuous service, are entitled to additional notice of one week. 4.11.1.3 Payment at the ordinary rate of pay, in lieu of the notice prescribed in 4.11.1.1 and/or 4.11.1.2 and/or 4.12.4, must be made if the appropriate notice period is not given. Employment may be terminated by part of the period of notice specified and part payment in lieu. 4.11.1.4 In calculating any payment in lieu of notice, the employer must pay 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 employee's employment not been terminated. 4.11.1.5 The period of notice in this clause does not apply in the case of: (a) dismissal for conduct that at common law justifies instant dismissal; (b) casual employees; (c) employees engaged for a specific period of time; or (d) employees engaged for a specific task or tasks. 4.11.2 Time off during notice period Where an employer has given notice of termination to an employee, the employee is entitled to up to 1 day of time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee, after consultation with the employer. 4.11.3 Statement of employment At the employee's request, the employer must provide to an employee whose employment has been terminated a written statement specifying the period of the employee's employment and the classification of, or the type of, work performed by the employee. 4.11.4 Payment in lieu 4.11.4.1 If an employer makes payment in lieu for all or any of the period of notice prescribed, the period for which such payment is made must be treated as service with the employer for the purpose of computing any service related entitlement of the employee. 4.11.4.2 Where an employee terminates their employment in accordance with the notice prescribed in 4.11.5, the employer and employee may, by mutual agreement, waive the whole or part of the period of notice. Nothing in this clause shall prevent an employee terminating employment if the employee has been given notice of termination by the employer. 4.11.5 Notice of termination by employee In order to terminate employment an employee must give the employer the following notice:
4.11.6 Notice of termination may be given at any time provided that the termination of employment shall take effect at the end of a days work, or by the payment or forfeiture (as the case may be) of the wages appropriate to the said notice period. CLAUSE 4.12 REDUNDANCY OPDATE 15:03:2006 1st pp on or after 4.12.1 Definitions Redundancy in this clause means the loss of employment due to the employer no longer requiring the job the employee has been doing to be performed by anyone, and redundant has a corresponding meaning. Small business means an employer who employs fewer than 15 employees. Weeks pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:
4.12.2 Exclusions 4.12.2.1 This clause does not apply to employees with less than 1 year of continuous service. The general obligation of employers should be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by such employees of suitable alternative employment. 4.12.2.2 This clause does not apply where employment is terminated as a consequence of conduct that at common law justifies instant dismissal, or in the case of casual employees or employees engaged for a specific period of time or for a specified task or tasks. 4.12.3 Discussions before termination 4.12.3.1 Where an employer has made a firm decision that the employer no longer requires the job the employees have been doing done by anyone, and that decision may lead to termination of employment, the employer must have discussions, as soon as practicable, with the employees directly affected and with the Union. Discussions must include: (a) the reasons for the proposed terminations; (b) measures to avoid or minimise the terminations; and (c) measures to mitigate the adverse effects of any terminations on the employees concerned. 4.12.3.2 For the purpose of such discussion the employer must, as soon as practicable, provide in writing to the employees concerned and the Union, all relevant information about the proposed terminations, including: (a) the reasons for the proposed terminations; (b) the number and categories of employees likely to be affected; (c) the number of workers normally employed; and (d) the period over which the terminations are likely to be carried out. No employer is required to disclose confidential information the disclosure of which, when looked at objectively, would be against the employer's interests. 4.12.4 Period of notice of termination on redundancy 4.12.4.1 If the services of an employee are to be terminated due to redundancy such an employee must be given notice of termination as prescribed by clause 4.11. 4.12.4.2 Employees to whom notification of termination of service is to be given on account of the introduction or proposed introduction by the employer of automation or other like technological changes, in the industry in relation to which the employer is engaged, must be given not less than 3 months notice of termination. 4.12.4.3 Should the employer fail to give notice of termination as required in 4.12.4.1 or 4.12.4.2 the employer must pay to that employee the ordinary rate of pay for a period being the difference between the notice given and that required to be given. The period of notice to be given is deemed to be service with the employer for the purpose of the Long Service Leave Act 1987. 4.12.5 Time off during notice period 4.12.5.1 During the period of notice of termination given by the employer an employee is entitled to up to 1 day off without loss of pay during each week of notice for the purpose of seeking other employment. 4.12.5.2 If the employee has been allowed paid leave for more than 1 day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview. If such proof is not produced the employee is not entitled to receive payment for the time absent. For this purpose a statutory declaration will be sufficient. 4.12.5.3 The time off during notice period entitlements under this clause 4.12.5 apply in lieu of the provisions of 4.11.2. 4.12.6 Notification to Centrelink Where a decision has been made to terminate the employment of an employee, or of employees, on account of redundancy the employer must notify Centrelink accordingly as soon as possible, giving relevant information including: (a) a written statement of the reason(s) for the termination(s); (b) the number and categories of the employees likely to be affected; and (c) the period over which the termination(s) are intended to be carried out. 4.12.7 Severance pay 4.12.7.1 Employees are entitled to severance pay as prescribed below in addition to the period of notice prescribed for termination in clause 4.11 and 4.12.4. 4.12.7.2 Severance pay - employees of a small business An employee of a small business as defined in 4.12.1 whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:
* Weeks pay is defined in 4.12.1. 4.12.7.3 Severance pay - other than employees of a small business An employee, other than an employee of a small business as defined in 4.12.1, whose employment is terminated by reason of redundancy, is entitled to the following amount of severance pay in respect of a period of continuous service:
4.12.7.4 Additional severance pay for employees aged over 45 years with 10 years or more continuous service In addition to the severance pay in 4.12.7.3 an employee with not less than 10 years continuous service, who is over the age of 45 years, is entitled to an additional 4 weeks severance pay. * Weeks pay is defined in 4.12.1. 4.12.7.5 Continuity of service will be calculated in the manner prescribed by clause 1.7.5. 4.12.7.6 The severance payment need not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's agreed date of retirement or the employee's eligibility date for social security benefits. 4.12.7.7 An employer may apply to the Commission for an order allowing the off-setting of all or part of an employee's entitlement to severance payment on the basis that such payment, or part of it, is already provided for or included in the contributions which the employer has made over and above those required by law to a superannuation scheme, and which are paid or payable to the employee on redundancy occurring. 4.12.8 Incapacity to pay The Commission may vary the severance pay prescription on the basis of an employer's incapacity to pay. An application for variation may be made by an employer or a group of employers. 4.12.9 Alternative employment An employer may make application to the Commission to have the severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. 4.12.10 Written notice The employer must, as soon as practicable, but prior to the termination of the employee's employment, give to the employee a written notice containing, among other things, the following: (a) The date and time of the proposed termination of the employee's employment. (b) Details of the monetary entitlements of the employee upon the termination of the employee's employment, including the manner and method by which those entitlements have been calculated. (c) Advice as to the entitlement of the employee to assistance from the employer, including time off without loss of pay in seeking other employment, or arranging training or retraining for future employment. (d) Advice as to the entitlements of the employee should the employee terminate employment during the period of notice. 4.12.11 Transfer to lower paid duties Where an employee whose job has become redundant accepts an offer of alternative work by the employer, the rate of pay for which is less than the rate of pay for the former position, the employee is entitled to the same period of notice of the date of commencement of work in the new position as if the employee's employment had been terminated. The employer may pay in lieu thereof an amount equal to the difference between the former rate of pay and the new lower rate for the number of weeks of notice still owing. 4.12.12 Employee leaving during notice An employee whose employment is terminated on account of redundancy may terminate employment during the period of notice. In this case the employee is entitled to the same benefits and payments under this clause as if remaining with the employer until the expiry of such notice. In such circumstances the employee is not entitled to payment in lieu of notice not worked. 4.12.13 Transmission of business The provisions of this clause are not applicable where a transmission of business occurs and the conditions of 4.13.2 or 4.13.3 are met. 4.12.14 Contrived arrangements Subject to an order of the Commission, where an employer contrives arrangements wholly or partly to deprive employees of the severance pay set out in 4.12.7.3 or 4.12.7.4, then the employees will be entitled to the severance pay set out in those clauses in lieu of that set out in 4.12.7.2. CLAUSE 4.13 TRANSMISSION OPDATE 15:03:2006 1st pp on or after 4.13.1 Transmission of business This clause applies where a business, undertaking or establishment, or any part of it, has been transmitted from an employer (the transmittor) to another employer (the transmittee). Transmission without limiting its ordinary meaning, includes transfer, conveyance, assignment or succession, whether by agreement or operation of law. Transmitted has a corresponding meaning. 4.13.2 Acceptance of employment with transmittee Subject to further order of the Commission where a person who at the time of the transmission was an employee of the transmittor in that business, undertaking, establishment, or part thereof becomes an employee of the transmittee: 4.13.2.1 The period of service which the employee has had with the transmittor or any prior transmittor will be deemed to be service of the employee with the transmittee for the purpose of calculating any entitlement of the employee to service-related periods of notice or severance payments; and 4.13.2.2 The provisions of clause 4.12 shall not apply in respect of the termination of the employee's employment with the transmittor. 4.13.3 Offer of employment with the transmittee An employee is not entitled to benefits under clause 4.12 in respect of termination of employment resulting from transmission of the business, undertaking, establishment or part of it if: 4.13.3.1 The employee is offered employment by the transmittee; 4.13.3.2 The offer is made before the transmission of the business, undertaking, establishment or part of it; 4.13.3.3 The terms and conditions of the new employment offered: (a) are not substantially different from those applying to the employment with the transmittor; or (b) are substantially different, but the offer constitutes an offer of suitable employment in relation to the employee; and 4.13.3.4 The employee unreasonably refuses to accept the offer. CLAUSE 4.14 SERVICE PROVISIONS (TERMINATION, CHANGE AND REDUNDANCY) OPDATE 15:03:2006 1st pp on or after 4.14.1 Continuity of service For the purpose of clauses 4.11 and 4.12 service means continuous service (as defined in clause 1.7). 4.14.2 Service with two or more corporations Where an employee has been employed by two or more corporations that are associated corporations, or by two or more corporations that are related to each other within the meaning of Section 50 of the Corporations Law, the service of the employee with each such corporation must be included in the calculation of the employee's continuous service for the purpose of determining the employee's entitlements according to clauses 4.11 and 4.12. CLAUSE 4.15 ABANDONMENT OF EMPLOYMENT OPDATE 15:03:2006 1st pp on or after 4.15.1 The absence of an employee from work for a continuous period exceeding three working days without the consent of the employer and without notification to the employer will be prima facie evidence that the employee has abandoned their employment. 4.15.2 If, within a period of 14 days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted, an employee has not established to the satisfaction of their employer, that they were absent for reasonable cause, the employee will be deemed to have abandoned their employment. 4.15.3 Termination of employment by abandonment in accordance with this clause operates from the date of the last attendance at work or the last day’s absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer whichever is the latter. PART 5 - WAGES AND RELATED MATTERS CLAUSE 5.1 PAYMENT OF WAGES OPDATE 15:03:2006 1st pp on or after
OPDATE 15:03:2006 1st pp on or after 5.2.1 An employee employed at an establishment which did not, prior to 1 December 2004 trade after 12.30pm on Saturday and which elects not to trade after 12.30pm on Saturday thereafter shall be paid the appropriate wages set out in Schedule 1. Such an employee must also be paid the ordinary time penalties set out in clause 4.7 and clause 6.3. 5.2.2 Subject to clauses 5.2.3 and 5.2.4, an employee employed at an establishment other than one described in 5.2.1 shall be paid the appropriate wages set out in Schedule 2. Such an employee must be paid for all ordinary (i.e. non-overtime) hours worked in the week at the hourly rate set out in columns 2 and 3 of Schedule 2. Such an employee is not entitled to be paid the ordinary time penalties set out in clause 4.7 and clause 6.3. 5.2.3 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 shall be paid the appropriate wages set out in Schedule 3. Specific conditions relating to the employment of these employees are contained in clause 4.8. 5.2.4 Employees engaged in the sale of goods by retail predominantly away from the employer's place of business shall be paid the appropriate wages set out in Schedule 4. Specific conditions relating to the employment of these employees are contained in clause 4.10. 5.2.5 Employees employed in or in connection with canteens in which meals are catered for employees shall (where such canteens are situated in or about a shop), be paid the appropriate wages set out in Schedule 3. 5.2.6 Whenever it is necessary to calculate the hourly rate for an employee, this shall be done by dividing the appropriate weekly wage by 38 and rounding the result off to the nearest cent. Yüklə 1,25 Mb. Dostları ilə paylaş:
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