AN120470 – Retail Services Employees (State) Award

APPENDIX A

The following provisions of the Shop Employees (State) Award as made by Glynn J in IRC 1485 of 2001 on 7 March 2001, as varied, shall apply to all employees, except where expressly provided for, who are engaged under the Retail Services Employees (State) Award.

SHOP EMPLOYEES (STATE) AWARD

PART A

1. Arrangement

Clause No.	Subject
1.	Arrangement
2(xiii), (xiv)	Definitions
3.	Engagement, Payment and Termination
4(A)(a), (b), (c), (d), (B)(a)(b), (c), (d)	Part-time Employees
5(i)	Casual Employees
6(i) (a), (b)	Meal Allowances
7.	Flexibility of Work
8.	Commitment to Training and Careers
9.	Mixed Enterprise
10(I)(i), (iii), (iv), (II), (III)(i), (iv), (v), (IV)	Hours
12.	Special Provisions for Substituted Late Shopping Night - General Shops
13(iv)	Savings Clause (General Shops)
14.	Weekend and Late Night Penalty Rates and Loadings
15.	Overtime
16.	Meal Times and Rest Pauses
17.	Holidays
18 (i), (ii) (a), (c), (iii), (iv), (v), (vi), (vii), (viii)	Sick Leave
19.	Blood Donor Leave
20.	Compassionate Leave
21.	Personal/Carers Leave
21A.	Parental Leave
22.	Jury Service
23.	Annual Holiday Loading
24.	Travelling Time, Expenses, Allowances etc.
25.	Uniforms, Protective Clothing
26.	Facilities
27.	Renovations in Retail Shops
28.	Notations
35.	Allowances and/or Additional Rates
38.	Wages
PART B - MONETARY RATES
Table 2 - Other Rates and Allowances

2. Definitions

(xiii) "Rostered Day Off" means the day off arising from the working of ordinary hours in a 19-day four-week cycle.

(xiv) “Long Day" means a day on which ordinary hours exceed nine hours but shall not exceed 11 hours.

3. Engagement, Payment And Termination

(i) Engagement - An employee may be employed as a weekly, part-time or a casual employee. Provided that no later than three months after the coming into force of this award, in a general shop employing 13 or more employees (employee as defined in paragraph (ix) of subclause (II), General Shops - Rosters for Five-day Week, of clause 10, Hours) the total number of hours worked by casual employees shall not exceed 25 per cent of the total hours worked in that shop. Hours worked by shift work (night fill) employees shall not be included in this calculation. Provided that the 25 per cent limitation on casual hours in general shops shall not apply to: tourist resort areas during the tourist extended trading hours, Christmas and Easter, and provided further that any shop which at the time of the making of the award employs casuals to an extent exceeding 25 per cent of total hours worked in the shop may continue to do so, provided that no additional casuals are employed until the limit of hours of 25 per cent is achieved. The 25 per cent limitation contained in this subclause does not apply to the employment of retail merchandisers as defined.

An employer who is of the opinion that a shop may not operate efficiently within the prescribed limit may seek exemption from this provision by application to the Industrial Relations Commission of New South Wales.

(ii) Proof of Age - Upon the engagement of an employee, such employee, if required to do so, must furnish to the employer a correct statement in writing of his or her age certified to by statutory declaration or birth certificate. When an employee cannot prove his or her age in the ordinary way, a passport, military or naval discharge or Consular document shall be proof of age.

(iii) Time and Payment of Wages - All wages shall be paid weekly in addition to any commission, bonus or premium to which the employee is entitled. Such payment shall be made on the same day of each week, which shall not be a Friday, a Saturday or a Sunday except as herein provided for, and shall be made up to and including at least the third day preceding the day of payment; provided that, in a week where an award holiday falls on the day in which wages are usually paid, payment thereof shall be made not later than the working day immediately preceding the award holiday. Other arrangements regarding payment may be made by agreement between the employer and the union.

Notwithstanding the foregoing:

(1) Overtime shall be paid not later than a week from the second day succeeding the day on which it was earned. Provided that where an employee is paid fortnightly in accordance with paragraph (7) of this subclause, then overtime worked in the second week of a pay period may be paid in the following pay period.

(2) Where employment is terminated an employee shall be paid forthwith all ordinary wages due and shall be paid all overtime and other moneys due within seven days of the date of the termination of employment.

(3) In the event of an employer not paying the said overtime and other moneys due at the time on which he/she has undertaken to pay, then the employer shall reimburse the employee all expenses he/she has incurred in attending to collect the amounts due to him/her.

(4) By mutual agreement between the employer and employee, casual employees and part- time employees may elect to be paid on a Friday, Saturday or Sunday.

(5) When an employee is required by an employer to wait beyond the ordinary ceasing times of the employee for payment of ordinary wages or, when an employee is terminated, to wait for payment of ordinary wages after the period of the termination for a period of more than 15 minutes, he/she shall be paid ordinary wages for the period during which he/she is so required to wait.

(6) Wages may be paid by electronic funds transfer. Provided that where wages are paid by electronic funds transfer, additional costs associated with the introduction and operation of electronic funds transfer shall be paid for by the employer.

(7) Wages may be paid fortnightly, provided that the employee is paid no later than the third day of the second week of the pay period.

(iv) Termination of Employment –

(a) In the case of misconduct justifying instant dismissal an employee may be instantly dismissed.

(b) In all other cases employment may be terminated by either party –

(1) during the first month of employment by a moment's notice;

(2) thereafter, by one week's notice or by the payment or forfeiture of one week's pay.

(c) Employment shall not be terminated, except for misconduct, while the employee is legitimately absent from duty on accrued sick leave.

(d) Termination Immediately Prior to Holiday - Subject to paragraph (ii) of subclause (A) of clause 17, Holidays, a full-time or part-time employee after more than two weeks' employment whose employment is terminated by the employer on the business day preceding a holiday or holidays, other than for misconduct, shall be paid for such holiday or holidays.

(e) Termination Prior to Christmas - Notwithstanding the provisions of paragraph (d) of this subclause, an employee engaged on or after 1 December in any year whose employment finished before Christmas Day and who is not re-employed within four weeks of Christmas Day by the same employer is not entitled to payment for the Christmas holidays.

(f) Certificate of Service - An employee who has been employed for not less than one month, on leaving or being discharged shall, upon request, be entitled to a statement in writing containing the date when the employment began and the date of termination. The statement shall be the property of the employee and shall be returned to him/her unnoted by any subsequent employer within seven days of the engagement.

4. Part-Time Employees

(A) General Shops –

(a) Part-time employees shall be paid an hourly rate equal to the appropriate weekly rate divided by 38.

(b) Ordinary hours of work, exclusive of meal times, shall be the same as those prescribed for full-time employees but shall not in any case be less than three hours work per day nor less than 12 hours work per week nor more than 30 hours work per week.

Provided further that where an employee's regular rostered work is in excess of 30 hours per week, then such an employee shall be deemed to be a weekly employee and paid as such.

Provided that employees employed prior to the first pay period in August 1988 shall work their ordinary hours, except where such employees agree otherwise, as follows:

(i) Ordinary hours of work, exclusive of meal times, shall be the same as those prescribed for full-time employees but shall not in any case be less than three hours work per day nor less than 16 hours work per week nor more than 30 hours work per week, except as provided in subparagraph (ii) of this paragraph.

(ii) Provided that where an employee's regular rostered work is in excess of 30 hours per week, then such an employee shall be deemed to be a full-time employee and paid as such.

(c) Save for the meal times prescribed, all time between the actual commencing time and the actual ceasing time on any one day shall count and shall be paid for as time worked.

(d) Notwithstanding the provisions of paragraphs (a) to (c) of this subclause, the union and an employer may agree, in writing, to observe other conditions in order to meet special cases.

(B) Special and Confection Shops –

(a) Part-time employees shall be paid an hourly rate equal to the appropriate weekly rate divided by 38.

(b) Ordinary hours of work, exclusive of meal times, shall be the same as those prescribed for full-time employees but shall not, in any case, be less than three hours work per day nor less than nine hours work per week nor more than 30 hours work per week.

Provided that the minimum weekly engagement for all part-time employees employed as at 26 September 1990 shall be 12 hours per week.

Provided further that where an employee's regular rostered work is in excess of 30 hours per week, than such an employee shall be deemed to be a full-time employee and paid as such.

Provided further that employees employed prior to the first pay period in October 1988 shall work their ordinary hours, except where such employees agree otherwise, as follows:

The ordinary hours of work, exclusive of meal times, shall be the same as those prescribed for weekly employees but shall not, in any case, be less than 20 hours per week.

(c) Save for the meal times prescribed, all time between the actual commencing time and the actual ceasing time on any one day shall count and shall be paid for as time worked.

(d) Notwithstanding the provisions of paragraphs (a) to (c) of this subclause, the union and an employer may agree, in writing, to observe other conditions in order to meet special cases.

5. Casual Employees

All Shops - Casual employees shall be paid an hourly rate equal to the appropriate weekly rate divided by 38, plus 15 per cent, calculated to the nearest half cent with a minimum payment on any one shift of three hours work.

Provided that upon employment, a new casual employee may be engaged for a minimum of two hours for the first two engagements, provided that these engagements shall be for the purpose of training only.

NOTATION: See Saturday penalty rates in clause 14, Weekend and Late Night Penalty Rates and Loadings, as shown in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

6. Meal Allowances

(i) An employee who works overtime after 6.30 p.m. shall be paid, on such day, the amount set out in Item 3 Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as a meal allowance or with the prior agreement of the union, shall be provided with a suitable meal approved of by the union, provided that in general shops –

(a) An employee who is working their normal ordinary hours after 6.30 p.m. on a Thursday or Friday night shall not become entitled to a meal allowance until that employee works overtime of more than 30 minutes after the completion of such ordinary hours.

(b) An employee who is required to work overtime on a Sunday beyond 1.00 p.m. shall be paid, on that day, the amount set out in Item 3 of the said Table 2, as a meal allowance and if required to work beyond 6.00 p.m. a further sum of the same amount.

7. Flexibility Of Work

An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.

Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned to the employee.

Employees shall not impose any restrictions or limitations on a reasonable review of work methods or standard work times.

8. Commitment To Training And Careers

The parties acknowledge that varying degrees of training are provided to employees in the retail industry, both via internal, on the job and through external training providers.

The parties commit themselves to continuing such training as is regarded by them as appropriate and improving training in cases where this is required.

It is agreed that the parties will co-operate in ensuring that appropriate training is available for all employees in the retail industry and the parties agree to co-operate in encouraging both employers and employees to avail themselves of the benefits to both from such training.

The parties are committed to encouraging young people to view the retail industry as one which has the capacity to provide them with an interesting career as they progress not only through junior ranks but also as adults.

The parties agree to continue discussions on issues raised by the unions relating to training.

9. Mixed Enterprise

A mixed enterprise is defined as an establishment where the primary operation is not covered by this award to the extent that at least 75 per cent of employees are engaged in an industry other than the retail industry.

For the purpose of increasing productivity, flexibility and efficiency in mixed enterprises, as well as enhancing opportunities for employees, broadbanding may extend, by agreement between an employer and an employee, to allow the employee to perform any work in a mixed enterprise within the scope of their skills and competence. Discussion shall take place at the enterprise with a view to reaching agreement for employees to perform a wider range of tasks, removal of demarcation barriers and participation of employees in additional training.

Subject to the provisions of the previous paragraph, employees in a mixed enterprise shall not impose or continue to enforce demarcation barriers between the work of employees, provided that it is agreed that the work lies within the scope of the skill and competence of the employee concerned.

10. Hours

(i) An employee who works overtime after 6.30 p.m. shall be paid, on such day, the amount set out in Item 3 Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, as a meal allowance or with the prior agreement of the union, shall be provided with a suitable meal approved of by the union, provided that in general shops –

(a) An employee who is working their normal ordinary hours after 6.30 p.m. on a Thursday or Friday night shall not become entitled to a meal allowance until that employee works overtime of more than 30 minutes after the completion of such ordinary hours.

(b) An employee who is required to work overtime on a Sunday beyond 1.00 p.m. shall be paid, on that day, the amount set out in Item 3 of the said Table 2, as a meal allowance and if required to work beyond 6.00 p.m. a further sum of the same amount.

(iii) Within the commencing and ceasing times prescribed respectively in paragraph (ii) of this subclause, full-time and part-time employees on engagement shall be notified of:

(a) the quantum of ordinary hours to be worked each week;

(b) the days of the week on which such work is to be performed; and

(c) the commencing and ceasing times of such hours of work for each day of the week on which work is to be performed.

The above subparagraphs (a), (b) and (c) shall not be changed except:

upon not less than seven days' notice; or

by agreement between the employee and the employer where the extra/other hours may be expressly agreed to be worked as part of a roster change and paid at ordinary rates;

where no expressed agreement exists overtime rates must apply.

In the event of an emergency, subparagraphs (b) and (c) above may be changed, the quantum of hours may be increased but not decreased.

Provided that where it is alleged by the unions that a change in rosters is contrary to the wishes of the majority of employees or operates unfairly or to the disadvantage of employees, the employer shall give, in lieu of seven days' notice, 14 days' notice, during which time there shall be discussions and, where practicable, agreement reached with the union.

(iv) Where an employee's roster is changed with the appropriate notice for a once-only event caused by particular circumstances not constituting an emergency, and the roster reverts back to the previous pattern in the following week, then work done by the employee because of the roster change shall be paid for at the overtime rate of pay. (This does not apply where an agreed change to a roster is made at the request of the employee.)

(II) General Shops - Rosters for Five-day Week –

(i) All full-time and part-time employees shall be rostered their ordinary hours of work on any five days of the week, Monday to Saturday inclusive (Monday to Sunday in shops which may lawfully trade on a Sunday), on the following basis:

(a) At least once every two weeks an employee shall be granted two consecutive days off which shall not include the rostered day off (RDO).

(b) There shall not be more than one long day in any week. A long day is defined as a day exceeding nine ordinary hours of work. Provided that, by mutual agreement, additional long days may apply.

(c) The maximum number of ordinary hours which may be worked on any one day shall be 11 hours.

(d) Provided that ordinary hours may be worked on six days in one week if in the following week ordinary hours are worked on not more than four days.

(e) The following provisions shall apply in general shops which may lawfully trade on a Sunday:

(i) Once every four weeks, an employee who works ordinary hours on a Sunday shall be given three consecutive days off (not including the 19-day month RDO) which shall include Saturday and Sunday. By mutual agreement alternative arrangements may apply.

(ii) Where an employee transfers at his/her own request to a store where Sunday trading is already lawful, the employee will not have the right to refuse to work on Sundays at the new store.

Where an employee transfers at the employer's request to another store where Sunday trading is already lawful, the employee will retain the right to refuse to work on Sundays at the new store.

(f) Subparagraphs (a) to (e) of this paragraph do not apply to employees engaged pursuant to clause 11, Shift Work (Night Fill) - General Shops.

(g) Each full-time weekly employee shall be rostered so that the maximum number of hours that shall constitute an ordinary week's work without the payment of overtime shall not exceed, on average, 38 per week and may be worked in any of the following forms:

(i) 38 hours in one week;

(ii) 76 hours in two consecutive weeks;

(iii) 114 hours in three consecutive weeks;

(iv) 152 hours in four consecutive weeks.

(ii) There shall be not less than a ten-hour break between finishing work (including overtime) one day or shift and the commencement of work on the next day or shift.

(iii) When establishing a roster or changing a roster, the employer will have regard for the family responsibilities of the employee.

In having regard for the family responsibilities, it is accepted that the existence of such responsibilities does not in itself prevent an employer changing an employee’s roster where necessary.

(iv) Full-time and part-time employees shall be provided with a regular roster which shall not be subject to frequent variations unless by mutual agreement.

(v) Provided further that in shops with five or less full-time and part-time employees the rostered days off shall be decided by mutual arrangement between the employer and employees.

(vi) Provided further that the rostering of store managers shall be by mutual arrangement between the employer and employees.

(vii) Provided that in shops employing on a regular basis 20 or more employees per week, unless specific agreement exists to the contrary between an employer and an employee, the employee shall not be required to work ordinary hours on more than 19 days in each four-week cycle.

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

not more than four hours work on one day in each two-week cycle;

not more than six hours work on one day per week.

(viii) Provided that in shops employing on a regular basis more than five employees but less than 20 employees per week, unless specific agreement exists to the contrary between an employer and an employee, the employees may be worked their ordinary hours on one of the following bases at the employer's direction:

not more than 19 days work in each four-week cycle;

not more than four hours work on one day in each two-week cycle;

not more than six hours work on one day in each week.

Where specific agreement exists between an employer and an employee, the employee may be worked on not more than 7.6 hours per day.

Provided further that no existing employee who was employed as at 26 September 1990 and who was entitled to a rostered day off shall lose their entitlement to such rostered day off.

(ix) Provided that in shops employing on a regular basis five or less employees per week, employees may be worked their ordinary hours on one of the following bases at the employer's discretion:

not more than 19 days in each four-week cycle;

not more than four hours work on one day in each two-week cycle;

not more than six hours work on one day in each week;

not more than 7.6 hours work on any day.

(x) In any case where agreement is reached between an employer and an employee pursuant to paragraphs (vii) and (viii) of this subclause, the relevant union shall be notified seven days prior to the implementation of such agreement. Any dispute as to such agreement shall be referred to the Industrial Registrar.

(xi) Provided that, for the purposes of this clause, “employing on a regular basis" includes persons of the following types:

(a) employees of the employer engaged on the premises whose terms of employment are not regulated by this award;

(b) employees other than those employed by the employer whose terms of employment are regulated by this award and who regularly work on the premises performing work as demonstrators and the like, but not including the employees of a bona fide franchiser operating on the premises.

(xii) Every employer shall, by legible notice which shall bear the date when it is fixed, exhibit in a place accessible to employees the current starting and finishing times for each employee for each day of the week. The employer shall retain superseded notices for 12 months. The roster of hours shall, upon request, be produced for inspection by any person authorised to inspect the same.

(III) Special and Confection Shops - Hours and Rosters –

(i) Weekly Hours - The ordinary hours of work of employees in shops shall not exceed 38 per week and shall be worked on five days of the week, Monday to Sunday, inclusive. Provided that ordinary hours may be worked on six days in one week if in the following week ordinary hours are worked on not more than four days. Save for meal times prescribed, all time between the actual commencing time and ceasing time on any one day shall count and shall be paid for as time worked. Provided that an employee may be worked so that the maximum number of hours that shall constitute an ordinary week's work without the payment of overtime shall not exceed an average of 38 per week and may be worked in any one of the following forms:

(a) 38 hours in one week;

(b) 76 hours in two consecutive weeks;

(c) 114 hours in three consecutive weeks;

(d) 152 hours in four consecutive weeks.

(iv) Within the commencing and ceasing times prescribed respectively in paragraphs (ii) and (iii) of this subclause, employees shall be given a regular starting and ceasing time for each day which shall not be changed except upon not less than seven days' notice, unless by agreement with the employee or in the event of an emergency.

(v) Every employer shall, by legible notice, which shall bear the date when it is fixed, exhibit and keep exhibited in a place accessible to the employees, the current starting and finishing times for each employee for each day of the week and shall show thereon any change in the commencing time and ceasing time of any employee and the date on which the change was effected.

The employer shall retain superseded notices for 12 months.

The roster of hours shall, upon request, be produced for inspection by any person authorised to inspect the same.

(IV) 38-Hour Week Special and Confection Shops - Method of Implementation - Method of implementation of the 38-hour week is at the employer's discretion, except where the special/confection shop is under the same roof as a company general shop, then the same method of implementation that operates in the general shop would operate in the special/confection shop.

12. Special Provisions for Substituted Late Shopping Night (General Shops)

(i) Where a public holiday falls on a Thursday and trading is not permitted, a substituted late night shall apply automatically on the preceding Tuesday.

(ii) Where a public holiday falls on a Friday and trading is not permitted, a substituted late night shall apply automatically on the preceding Wednesday.

(iii) During any week in which a Thursday and/or Friday is substituted for another specified day in accordance with subclause (i) and/or (ii) of this clause, then such specified day shall be deemed to be a Thursday and/or Friday, and Thursday and/or Friday shall be deemed to be the specified day for all purposes of this award except as to clause 17, Holidays.

(iv) Provided that where a public holiday pursuant to the said clause 17 falls on a Thursday and/or Friday and Thursday and/or Friday is deemed to be another day, employees shall not receive less time off than they might otherwise have received had the substitution not been made.

13. Savings Clause (General Shops)

(iv) The following provisions shall apply in general shops which may lawfully trade on a Sunday:

(a) All work on Sundays within ordinary hours of work shall be voluntary for all employees (including casuals) employed in that shop at 25 October 1991.

(b) Where a shop gains the right to trade lawfully on a Sunday after 25 October 1991 all work on Sundays within ordinary hours of work shall be voluntary for all employees (including casuals) employed in that shop at the date that the Sunday trading becomes lawful.

14. Weekend and Late Night Penalty Rates and Loadings

(a) Saturday –

(i) All ordinary hours worked by full-time and part-time employees on Saturday shall be paid for at the rate of time and one-quarter.

All employees engaged by their employer on or prior to 25 August 1989 shall continue to be paid for Saturday afternoon work in ordinary time at the employee's penalty rate applicable at that time. No employee shall be disadvantaged by this variation to the award.

(ii) General Shops - Casual employees working on a Saturday shall receive the amounts set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, by way of a fixed loading in addition to the day's pay.

(iii) Special and Confection Shops - Casual employees working on a Saturday shall receive the amounts set out in the said Item 5 by way of a fixed loading in addition to the day's pay.

(b) Sunday –

(i) All ordinary hours worked by employees on a Sunday in a shop that may lawfully trade shall be paid at the rate of time and one-half.

(c) Late Night Trading –

(i) General Shops Only - All ordinary hours worked by full-time and part-time employees after 6.00 pm on Thursday and Friday shall be paid for at the rate of time and one- quarter.

(ii) Confection Shops Only - Finishing after 10.00 pm - Any employee continuing ordinary hours of work after 10.00 pm on any night shall be paid an additional amount set out in Item 6 of Table 2 for such night.

(d) The provisions of section 52 of the Industrial Relations Act 1996 are hereby expressly excluded in respect of the fixed loading additions referred to in this clause.

(e) The penalties and loadings prescribed in this clause shall not be taken into consideration in calculating any payment for overtime or public holidays, or for any period of sick leave.

15. Overtime

The rate of overtime shall be time and one-half for the first two hours on any one day and at the rate of double time thereafter, except on a Sunday which shall be paid for at the rate of double time.

(i) An employee shall be paid overtime for all work as follows:

(a) In excess of:

(1) 38 hours per week; or

an average of 38 hours per week in accordance with clause 10, Hours;

(2) five days per week (or six days or four days pursuant to subparagraph (d) of paragraph (i) of subclause (II) and paragraph (i) of subclause (III) of the said clause 10);

(3) nine hours on any one day, provided that on one day per week up to 11 hours may be worked without the payment of overtime; by mutual agreement, additional days of up to 11 ordinary hours may be worked without the payment of overtime;

(4) in general shops 30 hours per week for a part-time employee, where that work is not done on a regular basis.

(b) before an employee's regular commencing time on any one day;

(c) after the prescribed ceasing time on any one day;

(d) outside the ordinary hours of work.

(e) In general shops full-time employees who work on their rostered day off or part-time employees who work on any day on which they would not normally work shall be paid overtime with a minimum payment of four hours at the appropriate overtime rate.

(f) As prescribed by paragraphs (iii) and (iv), of subclause (I), of clause 10, Hours.

(ii) Where an employee works overtime on a Sunday and that work is not immediately preceding or immediately following ordinary hours, then that employee must be paid double time, with a minimum payment of four hours at such rate.

(iii) Any portion of an hour less than 30 minutes shall be reckoned as 30 minutes and any portion of an hour over 30 minutes shall be reckoned as one hour, except where an employee is required to work after closing time to attend to customers then in the shop, or in connection with closing the shop, including the checking of cash received, when the time actually worked shall count.

(iv) By mutual agreement the rate for overtime may be time off in lieu of overtime, provided that:

(a) Time off shall be calculated at the penalty equivalent.

(b) The employee is entitled to a fresh choice of payment or time off on each occasion overtime is worked.

(c) Time off must be taken within one calendar month of the working of the overtime, or it shall be paid out.

(v) Subject to clause (v)(a) an employer may require an employee to work reasonable overtime at overtime rates, or as otherwise provided for by this Award.

(a) An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

(b) For the purposes of clause (v)(a) what is unreasonable or otherwise will be determined having regard to:

(i) any risk to employee health and safety;

(ii) the employee’s personal circumstances including any family and carer responsibilities;

(iii) the needs of the workplace or enterprise;

(iv) the notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

(v) any other relevant matter.

16. Meal Times And Rest Pauses

(i) When and where it can be conveniently arranged by the employer, an employee who works more than four ordinary hours on any day shall be allowed a rest pause of ten minutes.

(ii) A rest pause shall be counted and paid for as time worked. No rest pause shall be given or taken within one hour of the employee's commencing or ceasing time or within one hour before or after any meal break.

(iii) In general shops an employee who works more than five hours on any day must be allowed both a rest pause of ten minutes and a meal break of one hour (45 minutes in any establishment in which a clean, well ventilated room, adequate table and seating accommodation and sufficient crockery, cutlery and hot water are provided for the employee), provided that where agreement exists between the employee and the employer, a meal break of 30 minutes may apply.

In special and confection shops the meal break will be not less than 30 minutes nor more than one hour, the duration of which will be decided by the employer having regard to the needs of the business.

(iv) A meal break shall be given and taken so that no employee shall work more than five consecutive hours without a meal break.

(v) Meal breaks are not counted and not paid for as time worked.

(vi) An employee who works nine hours or more on any day shall be allowed two rest pauses (each of ten minutes duration) if only one meal break is taken; or one rest pause of ten minutes if two meal breaks are taken.

Provided that where two rest pauses and one meal break are taken, then one rest pause shall be taken before the meal break and one rest pause shall be taken after the meal break.

Provided further that where two meal breaks and one rest pause are taken during any shift, then the rest pause shall be taken during the longest unbroken part of such shift.

(vii) Confection Shops - An employee commencing before 7.00 am in circumstances not covered by paragraph (ii) of subclause (III) of clause 10, Hours, shall be allowed not less than 30 minutes nor more than one hour off for breakfast before 9.00 am If, through distance of residence, the employee cannot return home for breakfast, the employee shall be paid the sum set out in subclause (ii) of clause 6, Meal Allowances, for breakfast each morning the employee starts work before 7.00 am

(viii) Special and Confection Shops - Subject to the provisions contained in this clause, the actual period of the meal break shall be determined by the employer but shall be subject to discussions and, where practicable, agreement with the union concerned in respect of any individual shop where it is alleged arrangements adopted as to the duration or time of a meal break are contrary to the wishes of the majority of employees or operate unfairly or to the disadvantage of employees.

17. Holidays

(A) Public Holidays –

(i) Work done on any of the holidays prescribed in paragraph (ii) of this subclause shall be paid for at the rate of double time and one-half, with a minimum payment of three hours.

(ii) (a) The days observed as New Year's Day, Australia Day , Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas

Day, Boxing Day and all days proclaimed as public holidays for the State shall be holidays; provided that any day proclaimed as a holiday for the State for a special purpose but observed throughout the State on different days also shall be a holiday.

(b) Every full-time or part-time employee allowed a holiday specified herein shall be deemed to have worked in the week in which the holiday falls the number of ordinary working hours that he/she would have worked had the day not been a holiday.

Provided that any full-time or part-time employee whose roster is changed with the intent of avoiding or reducing payment due or the benefit applicable under this clause and who would, but for the change of roster, have been entitled otherwise to a payment or benefit for a public holiday or holidays shall be paid for such holiday or holidays as if his/her roster had not been changed.

Provided further that where a full-time or part-time employee working an average of five days per week is rostered so that he/she does not work his/her ordinary hours on the same days each week and the employee's rostered day off falls on a day prescribed as a holiday in subparagraph (a) of this paragraph, the employee shall be paid by mutual agreement between the employer and the employee in one of the following methods

(1) payment of an additional day's wages;

(2) addition of one day to the employee's annual holidays;

(3) another day may be allowed off with pay to the employee within 28 days after the holiday falls, or during the week prior to the holiday.

For the purposes of this paragraph, "day" means the average number of hours in the employee's normal roster cycle worked by the employee prior to the day on which the public holiday falls.

(iii) A full-time or part-time employee absent without leave on their last working day before or their first working day after any award holiday shall be liable to forfeit wages for the day of absence as well as for the holiday, except where an employer is satisfied that the employee's absence was caused through illness, in which case wages shall not be forfeited for the holiday; provided that an employee absent on one day only either before or after a group of holidays shall forfeit wages only for one holiday as well as for the period of absence.

(B) Picnic Day - In addition to the holidays prescribed in paragraph (ii) of subclause (A) of this clause, full-time and part-time employees rostered to work shall be entitled to an additional holiday without loss of pay and this day shall be known as the picnic day of the appropriate union (namely, the Shop, Distributive and Allied Employees' Association, New South Wales, or the Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle and Northern, New South Wales).

This day shall be on the first Tuesday of November in any year, or on any other day agreed to by the appropriate union.

Where the establishment of an employer remains open and a full-time or part-time -employee volunteers to work on the picnic day of the appropriate union, such employee -shall then be given another day off without loss of pay. Such alternative day shall be given and taken not later than 28 days after the nominated day on a day mutually agreed between the employer and the employee.

Provided that in no circumstances shall an employee forfeit entitlement to the additional holiday and should such extenuating circumstances arise where the day is not taken as described above, it must be given and taken on a day without loss of pay added to the employee’s next period of annual leave.

Provided further that where an employee's employment terminates prior to the taking of such alternative day, the employee shall receive an additional day's pay on termination.

Provided further that employees on annual leave or long service leave on the day referred to in this subclause shall have an additional day added to their next period of annual leave.

18. Sick Leave

(i) This clause only applies to full-time and part-time employees.

(ii) An employee who, subject to subclause (iii) of this clause, is unable to attend for duty during ordinary working hours by reason of personal illness or personal incapacity not due to his/her own serious and wilful misconduct, shall be entitled to be paid at ordinary-time rates of pay for the time of such non-attendance, subject to the following:

(a) An employee shall not be entitled to paid leave of absence for any period in respect of which he/she is entitled to workers' compensation.

(c) The rights under this clause shall accumulate from year to year so long as employment continues with the employer whether under this or any other award so that any part of the entitlement prescribed in paragraph (b) of this subclause which has not been allowed in any year may be claimed by the employee and shall be allowed by the employer, subject to the conditions prescribed by this clause, in a subsequent year of such continued employment. Provided that in any year an employee shall not be entitled to take more than 380 hours accumulated sick leave.

(iii) The payment for any absence on sick leave in accordance with this clause during the first three months of employment of an employee may be withheld by the employer until the employee completes such three months of employment, at which time the payments shall be made.

(iv) The granting of sick leave shall be subject to the following conditions and limitations:

(a) The employees shall, within 24 hours of the commencement of such absence, inform the employer of his/her inability to attend for duty and, as far as possible, state the nature of the illness or injury and the estimated duration of the absence.

(b) The employee shall furnish to the employer such evidence as the employer reasonably may desire that he/she was unable by reason of such illness or injury to attend for duty on the day or days for which sick leave is claimed.

(c) For the purposes of this clause at it relates to part-time employees, "day" shall mean the number of hours the employee would have worked on the day on which he/she was absent, had he/she not been sick.

(v) For the purpose of this clause, continuous service shall be deemed not to have been broken by –

(a) any absence from work on leave granted by the employer; or

(b) any absence from work by reason of personal illness, injury or other reasonable cause, proof whereof shall, in each case, be upon the employee.

(vi) Service before the date of coming into force of this clause shall be counted as service for the purpose of qualifying thereunder.

(vii) For the purpose of this clause, the word "year" shall mean a period of 12 months commencing on the day on which the employment commenced.

(viii) For the purpose of sick leave accumulated for years prior to June 1988 (1984 for general shops) the term "day" shall mean a period of eight hours or pro rata for part-time employees.

19. Blood Donor Leave

A full-time or part-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 two hours on each occasion and subject to a maximum of four separate absences for the purpose of donating blood each calendar year.

Provided further that such employee shall arrange for his/her absence to be on a day suitable to the employer and be as close as possible to the beginning or ending of the ordinary working hours.

Proof of the attendance of the employee at a recognised place for the purpose of donating blood, and the duration of such attendance, shall first be furnished to the satisfaction of the employer.

Further, the employee shall notify the employer as soon as possible of the time and date upon which the employee is requesting to be absent for the purpose of donating blood.

20. Compassionate Leave

(1) An employee, other than a casual employee, shall be entitled to up to three days compassionate leave without deduction of pay on each occasion of the death of a person as prescribed in subclause (3) of this clause. Where the death of a relative named herein occurs outside Australia and the employee does not attend the funeral, he/she shall be entitled to one day only, unless he/she can demonstrate to his/her employer that additional time up to a period of three days is justified.

(2) The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will, if required by the employer, provide to the satisfaction of the employer proof of death, together with proof of attendance in the case of a funeral outside of Australia.

(3) Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in subparagraph (ii) of paragraph (c) of subclause (1) of clause 20A, Personal/ Carer’s Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

(4) An employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.

(5) Compassionate leave may be taken in conjunction with other leave available under subclauses (2), (3), (4), (5) and (6) of the said clause 20A. In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

(6) Compassionate Leave entitlements for casual employees

(a) Subject to the evidentiary and notice requirements in paragraphs (b) and (d) of subclause (1) of Clause 21 Personal/Carer’s Leave casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subparagraph (ii) of paragraph (c) of subclause (1) of Clause 21 Personal/Carer’s Leave.

(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

21. Personal/Carer's Leave

(1) Use of Sick Leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (ii) of paragraph (c), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at Clause 18, Sick Leave, of the award, for absences to provide care and support for such persons when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

(b) The employee shall, if required,

(i) establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

(ii) establish by production of documentation acceptable to the employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

In normal circumstances, an employee must not take carer's leave under this subclause where another person had taken leave to care for the same person.

(c) The entitlement to use sick leave in accordance with this subclause is subject to:

(i) the employee being responsible for the care of the person concerned; and

(ii) the person concerned being:

(a) a spouse of the employee; or

(b) a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

(c) a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

(d) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(e) a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

1. “relative” means a person related by blood, marriage or affinity-,

2. "affinity” means a relationship that one spouse because of marriage has to blood relatives of the other; and

3. "household" means a family group living in the same domestic dwelling.

(d) An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and that person's relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

(2) Unpaid Leave for Family Purpose

(a) An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subparagraph (ii) of paragraph (c) of subclause (1) above who is ill or who requires care due to an unexpected emergency.

(3) Annual Leave

(a) An employee may elect, with the consent of the employer to take annual leave not exceeding ten days in single-day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

(b) Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

(d) An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

(4) Time Off in Lieu of Payment for Overtime

(a) For the purpose only of providing care and support for a person in accordance with subclause (1) of this clause, and despite the provisions of subclause (iv) of clause 15 Overtime, the following provisions shall apply.

(b) An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 12 months of the said election.

(c) Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

(d) If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

(e) Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

(5) Make-up Time

(a) An employee may elect, with the consent of the employer, to work 'make-up time', under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

(b) An employee on shift work may elect, with the consent of the employer, to work 'make- up time' (under which the employee takes time off ordinary hours and works those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

(6) Rostered Days Off

(a) An employee may elect, with the consent of the employer, to take a rostered day off at any time.

(b) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

(c) An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or the employer.

(d) This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility, and providing a reasonable opportunity for the union(s) to participate in negotiations.

(7) Personal/Carers Entitlement for casual employees

(a) Subject to the evidentiary and notice requirements in paragraphs (b) and (d) of subclause (1) above casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subparagraph (ii) of paragraph (c) of subclause (1) of this clause who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.

(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

21A. Parental Leave

(1) Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

(2) An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

(a) the employee or employee's spouse is pregnant; or

(b) the employee is or has been immediately absent on parental leave.

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

(3) Right to request

(a) An employee entitled to parental leave may request the employer to allow the employee:

(i) to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

(ii) to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

(iii) to return from a period of parental leave on a part-time basis until the child reaches school age;

to assist the employee in reconciling work and parental responsibilities.

(b) The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

(c) Employee’s request and the employer’s decision to be in writing

The employee’s request and the employer’s decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

(d) Request to return to work part-time

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

(4) Communication during parental leave

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

(b) The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

(c) The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with paragraph (a).

22. Jury Service

A full-time or part-time employee shall be allowed leave of absence during any period when required to attend for jury service.

During such leave of absence, an employee shall be paid the difference between the jury service fees received and the employee's award rate of pay as if working.

An employee shall be required to produce to the employer proof of jury service fees received and proof of requirement to attend and attendance on jury service and shall give the employer notice of such requirement as soon as practicable after receiving notification to attend for jury service.

23. Annual Holiday Loading

(i) In this clause the Annual Holidays Act 1944 is referred to as "the Act".

(ii) Before an employee is given and takes their annual holiday or, where by agreement between the employer and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods the employer shall pay the employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does not apply where an employee takes an annual holiday wholly or partly in advance - see subclause (vi).)

(iii) The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act.

(iv) The loading is to be calculated in relation to any period of annual holiday under the Act (but excluding days added to compensate for public or special holidays falling on an employee's rostered day off not worked) or, where such a holiday is given and taken in separate periods, then in relation to each such separate period. (NOTE: See subclause (vi) as to holidays taken wholly or partly in advance.)

(v) The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause (iv) at the rate per week of 17.5 per cent of the appropriate ordinary weekly time rate of pay prescribed by Part B, Monetary Rates, or the appropriate junior percentage rate of this award, for the classification in which the employee was classified when the loading is paid. Such wage shall also include payments under subclauses (i) and (ii) of clause 35 Allowances and/or Additional Rates, where applicable, but shall not include other allowances, penalty rates, overtime rates or any other payments prescribed by this award.

(vi) No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause (v) of this clause, applying the rates of wages payable on that day.

(vii) Where, in accordance with the Act, an employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned –

(a) An employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause (v) of this clause.

(b) An employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him/her under the Act such proportion of the loading that would have been payable to him/her under this clause if he/she had become entitled to an annual holiday prior to the closedown as his/her qualifying period of employment in completed weeks bears to 52.

(viii) (a) When the employment of an employee is terminated by the employer for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she has become entitled after I February 1974, he/she shall be paid a loading calculated in accordance with subclause (v) for the period not taken.

(b) Except as provided by paragraph (a) of this subclause, no loading is payable on the termination of an employee's employment.

(ix) This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he/she had not been on holiday; provided that, if the amount to which the employee would have been entitled by way of shift work allowances and weekend penalty rates for the ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday exceeds the loading calculated in accordance with this clause, then that amount shall be paid to the employee in lieu of the loading.

24. Travelling Time, Expenses, Allowances, Etc.

(i) If an employee is required by the employer to temporarily transfer from one branch to another the employee shall be allowed any extra cost of travelling and shall be paid at ordinary rates for any excess time occupied in travelling.

(ii) (a) A window dresser employed by an employer who contracts to dress windows for retail shops shall, at the direction of the employer, present themselves for work at the job at their usual time of starting work.

(b) The employee shall be paid for all time spent in excess of the time usually spent by themselves in travelling to or from their home to the employer's business premises at their ordinary rate of pay, except on a Sunday or a public holiday, when payment shall be at the rate of time and one-half.

(c) The employee also shall be paid any extra cost of travelling and shall be provided with first-class hotel accommodation at the employer's expense and where rail travelling necessarily is involved first-class rail ticket and sleeping car accommodation, where available, shall be provided.

(iii) Where an employee is required to work after the ordinary ceasing time prescribed by this award until it is too late to travel by train, omnibus, vessel, or other regular conveyance to his or her usual place of residence, the employer shall provide either proper conveyance or the fare for such conveyance to the employee's usual place of residence.

25. Uniforms, Protective Clothing

(i) In any shop where an employee wears a uniform, cap, coat, overall or other uniform dress the same shall be provided by the employer and shall be laundered by the employer at the employer's expense. Provided that where, by mutual agreement, the laundering is done by the employee or the employer having refused, neglected or failed to launder the articles and laundering is done by the employee, the employee shall be paid the allowances set out in Item 7 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.

(ii) Suitable protective clothing shall be provided, upon request, to employees who are to load or unload trucks or customers' vehicles.

26. Facilities

(i) First-aid Outfit - See Occupational Health and Safety Act 1983 - First-aid regulation.

(ii) Lockers - Where practicable, an employer shall provide locker accommodation for each employee. Lockers, where provided, shall be maintained in good working order. Any dispute as to the practicability of providing the locker accommodation may be referred by the employer or the union to the Industrial Relations Commission of New South Wales.

(iii) Dining Accommodation - Where practicable, an employee shall provide a room containing adequate seating accommodation with a sufficient supply of hot water to allow employees to partake of meals during their lunch hour.

Any dispute as to the practicability of providing such a room may be referred by the employer or the union to the Industrial Relations Commission of New South Wales.

(iv) Notice Board - An employer shall permit the erection, in a prominent position to be decided by the employer, on the premises of a notice board of reasonable dimensions or a number of such notice boards reasonable in the circumstances, upon which an accredited representative of an industrial union of employees bound by this award shall be permitted to post formal union notices signed by the Secretary of the union concerned. Provided that such notices shall be referred to the employer before being posted on the notice board. Any notice posted on a board not so signed or not referred to the employer may be removed by an accredited representative of the union concerned or by the employer.

27. Renovations In Retail Shops

(i) As soon as practicable after a decision has been made to undertake the renovations of premises, the employer shall notify the following:

the workplace occupational health and safety committee;

the employees affected;

the appropriate union.

(ii) The employer shall take appropriate measures to minimise and, where possible, eliminate any disabilities caused by the renovations.

(iii) Where an issue or disagreement arises regarding the renovations, such issue or disagreement shall be resolved by taking the matter through the following procedures until it is settled:

(a) discussions between the union and the Company;

(b) discussions between the union and The Australian Retailers Association - New South Wales;

(c) referral of the matter to the Industrial Registrar and/or to WorkCover.

28. Notations

(i) Annual Holidays - See Annual Holidays Act 1944. Provided that a full-time employee shall be entitled to not less than a total period of annual leave equivalent to 152 ordinary hours of work and pro rata thereof in the case of part-time employees.

(ii) Long Service Leave - See Long Service Leave Act 1955.

(iii) Manual handling procedures will be consistent with the Occupational Health and Safety (Manual Handling) Regulation of 1991.

(iv) Right of Entry - See Chapter 5 – Part 7 of the Industrial Relations Act 1996.

35 Allowances And/Or Additional Rates

(i) The rates set out in the following Items of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, shall be paid in addition to the appropriate adult weekly rate prescribed in Table 1 of Part B Monetary Rates:

Item No.(Table 2)

(a)	Section head	9
(b)	Qualified adult automotive parts and accessories salesperson	10
(c)	An employee who holds a licence under the Liquor (Repeal and Savings) Act 1982	11

Provided that an employee paid in accordance with Group 4 of Table 1 – Clause 38 Wages, shall not receive less than the amount shown in Item 11 of the said Table 2 per week, in addition to the appropriate rate prescribed by Clause 38 Wages.

(ii) The rates set out in the following Items of Table 2 shall be paid in addition to the appropriate weekly rates prescribed by the said Clause 38 Wages or the appropriate junior percentage rate:

(a)	Employee delivering goods (other than newspapers and the like) by box tricycle	12
(b)	Employee engaged on photographic or other modelling or mannequin work, whilst so engaged	13
(c)	Qualified first-aid attendant	14
(d)	Employee employed by a shop to speak a language in addition to English for the purpose of making sales in that shop	15
(e)	Ticket writer who has passed an appropriate technical college course,
	21 years of age and over	16
	under 21 years of age	16

(iii) An employee who attends an appropriate course of training at a technical college at the request of his/her employer shall be reimbursed at the completion of this course, if successful, the fees for such course.

(iv) An employee required to provide a bicycle or motorcycle shall be paid the amounts set out in Item 17 of Table 2 per week extra. An employee required to provide a motor car shall be paid the amount set out in Item 18 of Table 2 per week extra. Provided that where an employee occasionally uses his/her car by agreement with his/her employer, on the employer's business, he/she shall be paid an allowance for each kilometre so travelled as set out in Item 19 of Table 2. If the employer provides a vehicle, he/she shall pay the whole of the cost of the upkeep, registration, insurance and running expenses.

Provided that a full-time retail merchandiser local or country shall receive the benefits of this subclause where applicable, with the exception of the occasional kilometre allowance.

Provided further, a part-time or casual retail merchandiser local or country shall be paid for the use of his/her motor vehicle an amount set out in Item 19 of Table 2 per kilometre travelled in connection with his/her employment, with no standing charge contained in this subclause to apply.

(v) Freezer and Dairy Allowance and Conditions –

(a) Employees whose primary function is the handling or loading of goods into or out of freezer rooms or freezer cabinet (i.e., a room or cabinet with an inside temperature falling below 0 degrees Celsius) shall:

(1) be paid a disability allowance of the amount set out in Item 20 of Table 2, in the case of full-time employees and a pro rata amount in the case of casual and part- time employees;

(2) when working in freezer rooms be provided with the following protective clothing:

(i) fully insulated parka with hood;

(ii) fully insulated protective gloves;

(iii) fully insulated protective trousers (upon request).

(b) Employees whose primary function is working in a public dairy room or backfilling a dairy cabinet shall:

(1) be paid a disability allowance of the amount set out in Item 21 of Table 2 per week in the case of full-time employees and a pro rata amount in the case of casual and part-time employees;

(2) be provided with the following protective clothing:

(i) fully insulated parka with hood;

(ii) fully insulated protective gloves;

(iii) fully insulated protective trousers;

(iv) waterproof boots.

(c) Employees whose primary function is backfilling in a freezer room (i.e., a room with an inside temperature failing below 0 degrees Celsius), shall:

(1) be paid a disability allowance of the amount set out in Item 22 of Table 2 per week in the case of full-time employees and a pro rata amount in the case of casual and part-time employees;

(2) be provided with the following protective clothing:

(i) fully insulated protective boiler suit;

(ii) fully insulated protective head gear;

(iii) fully insulated protective gloves;

(iv) fully insulated protective boots;

(3) not be required to work in such room for longer than two hours without a ten- minute paid rest pause and, where applied, such rest pause shall be in substitution for any other rest pause under the award, which occurs at or around the same time.

(d) (1) Employees whose primary function is the handling or loading of goods into or out of freezer cabinets shall be provided with fully insulated protective gloves and, upon request, a fully insulated parka.

(2) Employees whose primary function is the handling or loading of goods into or out of dairy cabinets shall be provided with fully insulated protective gloves.

(e) Items of protective clothing detailed in this clause shall be laundered by the employer at the employer's expense.

38 Wages

(a) The minimum rate of pay for each classification incorporating both the base rate and supplementary payments is expressed for each classification as set out in Table 1 - Wages.

(b) The rates of pay in this award include the adjustments payable under the State Wage Case 2000. These adjustments may be offset against:

(i) any equivalent overaward payments, and/or

(ii) award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

(c) Junior Employees – Junior employees and improver waiters/waitresses shall receive the percentages set out in (iv) of Table 1 – Wages of the appropriate adult rate prescribed in Group No. 1 of Table 1 – Wages.

PART B - MONETARY RATES

Table 2 – Other Rates and Allowances

Item No.	Clause No.	Brief Description	Amount
			$
1	5(a)	Night interval employees	2.00 per shift
2	5(a)	Night interval employees (working one night per week)	3.16 per shift
3	6(i)(b), (c) 36(i)(d) 36(ii)(a)	Meal Allowances	10.80
4	6(ii) 16(vii)	Breakfast Allowances	5.80
5	14(a)(ii)	General Shops - Loading for casual employees working on a Saturday:
		Engagements up to and including four hours -
		Adult Employees	5.90
		Employees under 21 years of age	3.90
		Engagements exceeding four hours –
		Adult Employees	12.00
		Employees under 21 years of age	6.60
	14(a)(iii)	Special and Confection Shops - Loading for casual employees working on a Saturday:
		Adult Employees	5.90
		Employees under 21 years of age	3.90
6	14(c)(ii)	Confection Shop - Employees working after 10.00 p.m. on any night	1.64 each night
7	25(i)	Laundering Allowance (if any article requires ironing):
		- Full-time employee	8.80 per week
		- Part-time and casual employee	3.00 per shift
		- Maximum payment	8.80 per week
		Laundering allowance (if none of the articles require ironing):
		- Full-time employee	5.30 per week
		- Part-time and casual employee	1.80 per shift
		- Maximum payment	5.30 per week
8	38(1)(i)2(b)	Window Dressers under the age of 21	8.10 per week
9	35(i)(a)	Section Head	11.70 per week
10	35(i)(b)	Qualified adult automotive parts and accessories salesperson	26.70 per week
11	35(i)(c)	Employee with a licence under the Liquor Act 1982	18.30 per week
12	35(ii)(a)	Employee delivering goods	4.00 per week
13	35(ii)(b)	Employee engaged in photographic or other modelling	38.80 per week
			7.76 per day
14	35(ii)(c)	First-aid attendant	1.54 per day
15	35(ii)(d)	Employee engaged to speak a second language	7.80 per week
16	35(ii)(e)	Ticket writer –
		At or over 21 years of age	15.70 per week
		Under 21 years of age	7.85 per week
17	35(iv)	Bicycle Allowance	10.70 per week
		Motorcycle Allowance	32.00 per week
18	35(iv)	Motor Car Allowance:
		- car up to and including 2000cc	111.70 per week
		- car over 2000cc	133.10 per week
		- allowance per kilometre travelled	33 cents per km
19	35(iv)	Allowance per kilometre travelled:
		- car under and including 2000cc	0.51 per km
		- car over 2000cc	0.55 per km
		Part-time or Casual Retail Merchandiser local or Country, in the use of his / her vehicle	0.606 per km
20	35(v)(a)(1)	Disability allowance for employees working in freezer room	7.50 per week
21	35(v)(b)(1)	Disability allowance for employees working in public dairy room	11.25 per week
22	35(v)(c)(1)	Disability allowance for employees backfilling in a freezer room	15.00 per week
23	36(i)(a) 36(ii)(b)	Casual hourly rate of pay for persons employed at trade fairs, etc., between 9.00 a.m. and 6.00 p.m., with a minimum payment of six hours –
		At 19 years of age and over	13.64 per hour
		Under 19 years of age	13.34 per hour
		Saturday Loading –
		Adult Employees	5.90
		Under 21 years	3.90

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