AN150130 – Retail Industry (South Australia) Award

CLAUSE 4.7 NIGHTFILLING STAFF
OPDATE 15:03:2006 1st pp on or after

4.7.1 Employees may be specifically engaged for restocking fixtures on a full-time, part-time or casual basis. Such employees may also be employed in performing incidental functions such as fixture assembly, stock ordering and stock preparation.

4.7.2 Nightfilling staff may be engaged on the one day both as day-workers and also as nightfilling staff as defined in this clause. Where an employee performs both day-work and nightfilling work on the same day as part of that employee's ordinary hours of work, the work performed by that employee outside of the spread of ordinary hours set out in clause 6.1.1 shall be confined to nightfilling work as defined in this clause.

4.7.3 Hours of work

4.7.3.1 The ordinary hours for employees employed as nightfilling staff in accordance with clause 4.7.1 and paid pursuant to Schedule 1 will be between 6.30pm and 12.30am on the following day, from Monday to Friday.

4.7.3.2 The ordinary hours for employees employed as nightfilling staff in accordance with clause 4.7.1 and paid pursuant to Schedule 2 will be between 6.30pm and 12.30am on the following day, from Monday to Friday and between 5.30pm and 8.30pm on Saturday and Sunday.

4.7.4 Nightfilling staff must be given a minimum engagement of 3 hours.

4.7.5 Nightfilling staff (including nightfilling staff engaged on the one day as both day- workers and also as nightfilling staff) must be given an unpaid meal break of at least 30 minutes after 4 hours of work and before completion of 5 hours of work.

4.7.6 Employees engaged as nightfilling staff shall not work on more than 5 nights in any one week.

4.7.7 Where an employee works in an establishment which as at 1 December 2004 did not trade after 12.30pm on Saturday, and where that establishment elects not to trade after 12.30pm on Saturday in future, that employee must be paid a loading of 10% for all hours worked between 6.30pm and 12.00 midnight. Such an employee shall be paid a loading of 25% for all time worked between 12.00 midnight and 12.30am.

The penalty loadings set out in this clause 4.7.7 shall be calculated by reference to the appropriate hourly rates set out in columns 2 and 3 of Schedule 1.

4.7.8 Employees paid pursuant to Schedule 2 shall be paid the appropriate rate set out in Schedule 2 for all hours worked within the spread of ordinary hours as set out in clause 4.7.3.2.

4.7.9 This clause does not apply to employees paid pursuant to Schedule 3 or Schedule 4.