MA000004  PR985114

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AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

ORDER

Workplace Relations Act 1996
s.576E—Procedure for carrying out award modernisation process
GENERAL RETAIL INDUSTRY AWARD 2010
(AM2008/10)

JUSTICE GIUDICE, PRESIDENT
VICE PRESIDENT LAWLER
VICE PRESIDENT WATSON
SENIOR DEPUTY PRESIDENT WATSON
SENIOR DEPUTY PRESIDENT HARRISON
SENIOR DEPUTY PRESIDENT ACTON
COMMISSIONER SMITH

MELBOURNE, 19 DECEMBER 2008

Award modernisation.

1. Further to the decision [[2008] AIRCFB 1000] issued by the Commission on 19 December 2008, the following modern award is made:

2. The award is attached.

BY THE COMMISSION:

PRESIDENT

General Retail Industry Award 2010 (MA000004)

Table of Contents

Part 1—Application and Operation
1. Title
2. Commencement date
3. Definitions and interpretation
4. Coverage
5. Access to the award and the National Employment Standards
6. The National Employment Standards and this award
7. Award flexibility
Part 2—Consultation and Dispute Resolution
8. Consultation regarding major workplace change
9. Dispute resolution
Part 3—Type of Employment and Termination of Employment
10. Employment categories
11. Full-time employees
12. Part-time employees
13. Casual employment
14. Termination of employment
15. Redundancy
Part 4—Classifications and Wage Rates
16. Classifications
17. Minimum weekly wages
18. Junior rates
19. Apprentices
20. Allowances
21. Accident Pay
22. Superannuation
23. Payment of wages
24. Supported wage
25. Training wage
Part 5—Ordinary Hours of Work
26. Hours of work
27. 38 hour week rosters
28. Overtime and penalties
29. Shiftwork
30. Breaks
Part 6—Leave and Public Holidays
31. Annual leave
32. Personal/carer’s leave and compassionate leave
33. Public holidays
34. Community service leave
Schedule A—Classifications

Part 1—Application and Operation

1. Title

This award is the General Retail Industry Award 2010.

2. Commencement date

This award commences on 1 January 2010.

3. Definitions and interpretation

3.1 In this award, unless the contrary intention appears:

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

4. Coverage

4.1 This industry award covers employers throughout Australia in the general retail industry and their employees in the classifications listed in clause 16 to the exclusion of any other modern award. The award does not cover employers in the following industries:

4.2 The award does not cover an employee excluded from award coverage by the Act.

4.3 The award does not cover an employer bound by an enterprise award with respect to any employee who is covered by the enterprise award.

4.4 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

7.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.

7.3 The agreement between the employer and the individual employee must:

7.4 For the purposes of clause 7.3(b) the agreement will be taken not to disadvantage the individual employee in relation to the individual employee’s terms and conditions of employment if:

7.5 The agreement between the employer and the individual employee must also:

7.6 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

8. Consultation regarding major workplace change

8.1 Employer to notify

8.2 Employer to discuss change

9. Dispute resolution

9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Commission.

9.3 The parties may agree on the process to be utilised by the Commission including mediation, conciliation and consent arbitration.

9.4 Where the matter in dispute remains unresolved, the Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

Part 3—Type of Employment and Termination of Employment

10. Employment categories

10.1 Employees under this award will be employed in one of the following categories:

10.2 At the time of engagement an employer will inform each employee of the terms of their engagement and, in particular, whether they are to be full-time, part-time or casual.

11. Full-time employees

A full-time employee is an employee who is engaged to work an average of 38 hours per week.

12. Part-time employees

12.1 A part-time employee is an employee who:

12.2 At the time of first being employed, the employer and the part-time employee will agree, in writing, on a regular pattern of work, specifying at least:

12.3 Any agreement to vary the regular pattern of work will be made in writing before the variation occurs.

12.4 The agreement and variation to it will be retained by the employer and a copy given by the employer to the employee.

12.5 An employer is required to roster a part-time employee for a minimum of three consecutive hours on any shift.

12.6 An employee who does not meet the definition of a part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 13.

12.7 A part-time employee employed under the provisions of this clause will be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed. Overtime is payable for all hours worked in excess of the agreed number of hours.

12.8 Rosters

12.9 Award entitlements

12.10 Conversion of existing employees

13. Casual employment

13.1 A casual employee is an employee engaged as such.

13.2 A casual will be paid both the hourly rate payable to a full-time employee and an additional 25% of the ordinary hourly rate for a full-time employee. A casual employee is not entitled to the additional penalty payment for evening work and Saturday work in clause 28.4 but must be paid an additional 10% for work performed on a Saturday between 7 am and 6 pm.

13.3 Casual employees will be paid at the termination of each engagement or weekly or fortnightly in accordance with pay arrangements for full-time and part-time employees.

13.4 The minimum daily engagement of a casual is three hours.

14. Termination of employment

14.1 Notice of termination is provided for in the NES.

14.2 Notice of termination by an employee

14.3 Job search entitlement

15. Redundancy

15.1 Redundancy pay is provided for in the NES.

15.2 Transfer to lower paid duties

15.3 Employee leaving during notice period

15.4 Job search entitlement

15.5 Transitional provisions

Part 4—Classifications and Wage Rates

16. Classifications

16.1 All employees covered by this award must be classified according to the structure set out in Schedule A. Employers must advise their employees in writing of their classification and of any changes to their classification.

16.2 The classification by the employer must be according to the skill level or levels required to be exercised by the employee in order to carry out the principal functions of the employment as determined by the employer.

17. Minimum weekly wages

Classifications

Per week
$

   

Retail Employee Level 1

600.00

Retail Employee Level 2

615.00

Retail Employee Level 3

625.00

Retail Employee Level 4

637.60

Retail Employee Level 5

665.00

Retail Employee Level 6

675.00

Retail Employee Level 7

710.00

Retail Employee Level 8

740.00

18. Junior rates

Junior employees will be paid the following percentage of the appropriate wage rate in clause 17:

Age

% of weekly rate of pay

   

Under 16 years of age

45

16 years of age

50

17 years of age

60

18 years of age

70

19 years of age

80

20 years of age

90

19. Apprentices

19.1 The minimum award rates of pay for apprentices completing a four-year apprenticeship are:

Year of apprenticeship

% of Retail Employee Level 4

   

1st year

50

2nd year

60

3rd year

80

4th year

90

19.2 The minimum award rates of pay for apprentices completing a three-year apprenticeship are:

Year of apprenticeship

% of Retail Employee Level 4

   

1st year

50

2nd year

60

3rd year

80

4th year

100

20. Allowances

20.1 Meal allowance

20.2 Special clothing

20.3 Excess travelling costs

20.4 Travelling time reimbursement

20.5 Transfer of employee reimbursement

20.6 Transport allowance

20.7 Transport of employees reimbursement

20.8 Cold work disability allowance

20.9 First aid allowance

20.10 Recall allowance

20.11 Liquor licence

20.12 Higher duties

20.13 District allowances

20.14 Adjustment of expense related allowances

Allowance

Applicable Consumer Price Index figure

   

Meal allowance

Take away and fast foods sub-group

Special clothing

Clothing and footwear group

Transport allowance

Private motoring sub-group

21. Accident Pay

21.1 Subject to clause 21.2, an employee is entitled to accident pay in accordance with the terms of:

21.2 The employee’s entitlement to accident pay under the NAPSA or award is limited to the amount of accident pay which exceeds the employee’s entitlement to accident pay, if any, under any other instrument.

21.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.

21.4 This clause ceases to operate on 31 December 2014.

22. Superannuation

22.1 Superannuation legislation

22.2 Employer contributions

22.3 Voluntary employee contributions

22.4 Superannuation fund

22.5 Absence from work

23. Payment of wages

Wages will be paid weekly or fortnightly according to the actual hours worked each week or fortnight, or may be averaged over a period of a fortnight.

24. Supported wage

Supported wage arrangements for employees with a disability are contained in Schedule B of this award.

25. Training wage

Training Wage arrangements are contained in Schedule C of this award.

Part 5—Ordinary Hours of Work

26. Hours of work

26.1 This clause does not operate to limit or increase or in any way alter the trading hours of any employer as determined by the relevant State or Territory legislation.

26.2 Ordinary hours

26.3 Maximum ordinary hours on a day

27. 38 hour week rosters

27.1 A full-time employee will be rostered for an average of 38 hours per week, worked in any of the following forms or by agreement over a longer period:

27.2 The 38-hour week may be worked in any one of the following methods:

27.3 In each shop, an assessment will be made as to which method best suits the business and the proposal will be discussed with the employees concerned, the objective being to reach agreement on the method of implementation. An assessment may be initiated by either the employer or employees not more than once a year.

27.4 Circumstances may arise where different methods of implementation of a 38 hour week apply to various groups or sections of employees in the shop or establishment concerned.

27.5 In retail establishments employing on a regular basis 15 or more employees per week, unless specific agreement exists to the contrary between an employer and an employee, the employee will not be required to work ordinary hours on more than 19 days in each four week cycle.

27.6 Where specific agreement exists between an employer and employee, the employee may be worked on the basis of:

27.7 Substitute rostered days off (RDOs)

27.8 Accumulation of RDOs

27.9 A roster period cannot exceed four weeks.

27.10 Ordinary hours will be worked on not more than five days in each week, provided that if ordinary hours are worked on six days in one week, ordinary hours in the following week will be worked on no more than four days.

27.11 Consecutive days off

27.12 Ordinary hours and any reasonable additional hours may not be worked over more than six consecutive days

27.13 Employees regularly working Sundays

27.14 Notification of rosters

28. Overtime and penalties

28.1 Reasonable overtime

28.2 Overtime (Excluding Shiftwork)

28.3 Time off in lieu of payment

28.4 Penalty payments

29. Shiftwork

29.1 Application of clause

29.2 Shiftwork definition

29.3 Rate of pay for shiftwork

29.4 Rest breaks and meal breaks

29.5 General operation of the award

29.6 Rosters

30. Breaks

30.1 Breaks during work periods

30.2 Breaks between work periods

Part 6—Leave and Public Holidays

31. Annual leave

31.1 Annual leave is provided for in the NES.

31.2 Definition of shiftworker

31.3 Annual leave loading

31.4 Paid leave in advance of accrued entitlement

31.5 Requirement to take leave notwithstanding terms of the NES

32. Personal/carer’s leave and compassionate leave

32.1 Personal/carer’s leave and compassionate leave are provided for in the NES.

32.2 Casual employees are entitled to be not available for work or to leave work to care for a person who is sick and requires care and support or who requires care due to an emergency.

32.3 Such leave is unpaid. A maximum of 48 hours absence is allowed by right with additional absence by agreement.

33. Public holidays

33.1 Public holidays are provided for in the NES.

33.2 An employer and a majority of employees may agree to substitute another day for a public holiday. If either the public holiday or the substitute day is worked, public holiday penalties must be paid. If both days are worked one day at the election of the employee must be paid at public holiday rates.

34. Community service leave

Community service leave is provided for in the NES.

Schedule A—Classifications
A.1 Retail Employee Level 1
A.1.1 An employee performing one or more of the following functions at a retail establishment:

A.1.2 Retail Employees will undertake duties as directed within the limits of their competence, skills and training including incidental cleaning. The cleaning of toilets is not incidental cleaning except in the case of a Take Away Food establishment.
A.1.3 Indicative job titles which are usually within the definition of a Retail Employee Level 1 are:

A.1.4 Clerical Assistant means employees accountable for clerical and office tasks as directed within the skill levels set out.
A.1.5 Employees at this level may include the initial recruit who may have limited relevant experience. Initially work is performed under close direction using established practices, procedures and instructions.
A.1.6 Such employees perform routine clerical and office functions requiring an understanding of clear, straightforward rules or procedures and may be required to operate certain office equipment. Problems can usually be solved by reference to established practices, procedures and instructions.
A.1.7 Employees at this level are responsible and accountable for their own work within established routines, methods and procedures and the less experienced employee's work may be subject to checking at all stages. The more experienced employee may be required to give assistance to less experienced employees in the same classification.
A.1.8 Indicative typical duties and skills at this level may include:

A.2 Retail Employee Level 2
A.2.1 An employee performing work at a retail establishment at a higher skill level than a Retail Employee Level 1
A.2.2 Indicative job titles which are usually within the definition of a Retail Employee Level 2 include:

A.3 Retail Employee Level 3
A.3.1 An employee performing work at a retail establishment at a higher level than a Retail Employee Level 2.
A.3.2 Indicative of the tasks which might be required at this level are the following:

A.3.3 Indicative job titles which are usually within the definition of a Retail Employee 3 include:

A.4 Retail Employee Level 4
A.4.1 An employee performing work at a retail establishment at a higher level than a Retail Employee Level 3.
A.4.2 Indicative of the tasks which might be required at this level are the following:

A.4.3 Indicative job titles which are usually within the definition of a Retail Employee 4 include:

A.4.4 Clerical Officer Level 2 characteristics:

A.4.5 Indicative typical duties and skills at this level may include:

A.5 Retail Employee Level 5
A.5.1 An employee performing work in or in connection with a retail establishment at a higher level than a Retail Employee Level 4.
A.5.2 Indicative job titles which are usually within the definition of a Retail Employee 5 include:

A.6 Retail Employee Level 6
A.6.1 An employee performing work in or in connection with a retail establishment at a higher level than a Retail Employee Level 5.
A.6.2 Indicative job titles which are usually within the definition of a Retail Employee 6 include:

A.6.3 Clerical Officer Level 3 characteristics:

A.6.4 Indicative typical duties and skills at this level may include:

A.7 Retail Employee Level 7
A.7.1 An employee performing work in or in connection with a retail establishment at a higher level than a Retail Employee Level 6
A.7.2 Indicative job titles which are usually within the definition of a Retail Employee 7 include:

A.7.3 Clerical Officer Level 4 characteristics:

A.7.4 Indicative typical duties and skills at this level may include:

A.8 Retail Employee Level 8
A.8.1 An employee performing work in or in connection with a retail establishment at a higher level than a Retail Employee Level 7.
A.8.2 A person with a Diploma Qualification.
A.8.3 Indicative job titles which are usually within the definition of a Retail Employee 8 include:

A.8.4 Clerical Officer Level 5 characteristics:

A.8.5 Indicative typical duties and skills at this level may include:



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