AN120470 – Retail Services Employees (State) Award
21. AREA, INCIDENCE AND DURATION
(a) This award is varied following a review under section 19 of the Industrial Relations Act 1996 and replaces the Retail Services Employees (State) Award published 30 June 1995 (286 I.G. 460), as varied and rescinds and replaces the Retail Industry (State) Redundancy Award published 24 March 1995 (284 I.G. 942) as varied.
(b) It shall apply to all the classifications contained herein within the jurisdiction of the Retail Services Employees (State) Industrial Committee.
(c) The changes made to the Award pursuant to the Award Review under section 19(6) of the Industrial Relations Act 1996 and Principle 26 for Review of Awards made by the Industrial Relations Commission of New South Wales on 18 December 1998 (85 I.R. 38) take effect on and from 14 July 2004.
(d) This Award remains in force until varied or rescinded, the period for which it was made already having expired.
Retail Services Employees (State) Industrial Committee
Industries and Callings
All persons employed in or in connection with a retail shop carrying out security or watching duties (in either case other than employees employed in a shop by the operator thereof during ordinary trading hours in areas intended for public access), cleaning, lift driving or attending, tea making and/or serving teas, lunches or meals, motor car washing, cleaning or greasing, parking cars and/or car attending in retail parking stations and establishments; propagating and/or gardening duties, in the State, excluding the County of Yancowinna;
excepting employees within the jurisdiction of the following Conciliation Committees:
Carters, &c., Retail Stores (State);
Cleaning Contractors (State); Miscellaneous Gardeners, &c. (State);
Restaurant, &c., Employees (State);
Retail Employees (State);
Security and Cleaning (State);
Storeperson and Packers General (State);
Motor Car Washers, &c. (State).
Retail Employees (State) Industrial Committee
Industries and Callings1
Section I
All persons employed in or in connection with a shop2 and/or automatic vending device3 including (but without limiting the generality of the foregoing) sales assistants, self-service employees, demonstrators, ticket writers, checkout operators, grocery orderperson, reserve stock hands, display hands, window dressers, persons engaged in the hiring of goods in a shop, office assistants, telephone attendants, delivery clerks, persons employed on machines designed to perform or assist in performing any clerical work whatsoever, and cashiers employed solely as cashiers and/or on other clerical duties, in the State, excluding the County of Yancowinna;
excepting –
Van salesperson;
Storeperson and packers;
Employees, other than sales assistants, in restaurants, tea shops and cafeterias;
Persons employed selling motor oils, accessories and petrol at or in motor garages and parking and/or service stations or petrol from petrol pumps;
Drivers of trolleys, drays, carts, motor and other power-propelled vehicles, loaders, brakesperson, extra hands, grooms, stableperson and yardperson;
Cleaners;
Employees, other than sales assistants, in or in connection with hospitals, mental hospitals, public charitable institutions or ambulance work;
Butchers, persons engaged in the sale of uncooked meat by retail, carters and other persons delivering such meat, and cashiers in butchers' shops;
and excepting persons employed by –
Sydney Electricity;
The Australian Gas Light Company;
The Council of the City of Newcastle;
Newcastle Gas Company Limited;
and excepting also employees within the jurisdiction of the following Industrial Committees –
Commercial Travellers (State);
County Councils (Electricity Undertakings) Employees;
Models and Mannequins (State);
Motor Vehicle Salesperson (State);
Northern Rivers County Council;
Pharmacies (State);
Shortland County Council.
NOTE:
1In establishing this committee on 23 March 1977 the Commission (Macken J., Matter 109 of 1977) stated:
Section I of the committee shall convene and sit as a separate section when matters are raised which fall solely within the constitution of Section I.
Section II of the committee shall convene and sit as a separate section when matters are raised which fall solely within the constitution of Section II.
Both sections of the committee will sit together when a matter extends beyond the constitutions of either one of the sections of the committee. 2"Shop" in this constitution shall have the same meaning as "shop" as defined in section 78 of the Factories, Shops and Industries Act 1962, or in any Act amending or replacing that Act.
3 “Automatic vending device" in this constitution means any automatic machine or mechanical contrivance in which goods are offered for sale by retail.
Section II
Shop1 assistants, cashiers, office assistants and workers employed in or in connection with automatic vending devices2, confectioners, soft drinks, fountain drinks, milk drinks, sundae, fruit and vegetable shops, including persons engaged in the reception, sale or delivery of goods in such shops, and including also employees engaged in the preparing or serving of light refreshments3 in such shops in the State, excluding the County of Yancowinna;
excepting –
Storepersons and packers, carters and cleaners;
Employees within the jurisdiction of the Cement Workers, &c. (State) Industrial Committee.
NOTE: 1 "Shop" in this constitution means place, building or any part thereof, stall, tent, vehicle, boat or pack in which goods are sold or offered or exposed for sale by retail.
2"Automatic vending device" in this constitution means any automatic machine or mechanical contrivance in which goods are offered or exposed for sale by retail.
3"Light refreshment" in this constitution means a beverage, hot or cold, served with biscuits, cakes, pastry, sandwiches, meat pie or the like.
