AN150130 – Retail Industry (South Australia) Award
CLAUSE 4.8 CONDITIONS OF EMPLOYMENT SPECIFIC TO CAFES AND RESTAURANTS
OPDATE 15:03:2006 1st pp on or after
4.8.1 General
This clause shall apply in respect of employees employed in or in connection with the supply of food or beverage in a cafe, a restaurant, a tea room, a takeaway chicken shop or a fish shop which is located in or about a shop operated by an employer bound by this Award. Except as is specifically provided by this clause, any other employment conditions for these employees shall be governed by the other clauses of this Award.
4.8.2 Full-time and part-time employees
4.8.2.1 The maximum number of ordinary hours to be worked by any weekly hired employee in any one week to entitle the employee to an ordinary week's wages as set out in Schedule 3 shall not exceed:
4.8.2.2 For all time worked in ordinary hours before 6.00am or after 6.00pm Monday to Friday an additional 10% penalty shall be paid.
4.8.2.3 For all time worked in ordinary hours on Saturday (not being the day after Good Friday) employees shall be paid the following penalties:
4.8.2.4 For work performed in ordinary hours on Sunday employees shall be paid an additional 100%.
4.8.2.5 The penalties set out in this clause 4.8.2 shall be based upon the weekly rates set out in Schedule 3 as divided by 38.
4.8.3 Penalties for casual employees
4.8.3.1 Casual employees shall be paid a minimum rate higher by 20% than the hourly rate determined by dividing the appropriate weekly rate prescribed in Schedule 3 by 38 (the "20% casual loading").
4.8.3.2 A casual employee shall be paid:
for all time intervening between the time of commencement and the time of finally ceasing work (notwithstanding any interruption other than for a meal break during such time) at a rate higher by 30% than the ordinary rate prescribed in Schedule 3 in lieu of the 20% casual loading.
4.8.3.3 For work performed in ordinary hours on a Saturday (not being the day after Good Friday), casual employees shall be paid the following penalties:
4.8.3.4 For work performed in ordinary hours on a Sunday, casual employees shall be paid an additional 120% penalty in lieu of the 20% casual loading.
4.8.3.5 The penalties set out in this clause 4.8.3 shall be based upon the weekly rates set out in Schedule 3 as divided by 38.
4.8.3.6 A casual employee shall be engaged for a minimum period of 3 hours on any day.
4.8.3.7 When a casual employee has ceased work on any day but is required to return to work later the same day, the employee shall be paid an additional $0.30 on each such occasion.
4.8.4 Catering staff
4.8.4.1 Catering employee is defined in Schedule 5 – Classification Definitions.
4.8.4.2 If any catering employee is engaged for a period of 8 hours, the employee shall (whether or not the full period is worked) be paid for a period of 8 hours at not less than the appropriate rate prescribed in Schedule 3, plus 25% thereof.
4.8.4.3 If any catering employee is not engaged by the day, the employee shall be deemed to be engaged by the hour. Any such employee shall be paid not less than the appropriate rate prescribed in Schedule 3, plus two-thirds thereof for the hours so employed.
4.8.4.4 If any catering employee works for less than 3 hours on any day the employee shall nevertheless be paid for 3 hours. If the employee attends at the place for which the employee is engaged to commence work and if the employee is not required to commence work, the employee shall be paid for one hour at the appropriate rate prescribed by this clause 4.8.4.
4.8.4.5 If any catering employee works more than 8 hours in any day, or if any catering employee works beyond 11.30pm, the employee shall be paid at not less than double the appropriate rate prescribed by Schedule 3 for the time worked in excess of 8 hours or beyond 11.30pm.
4.8.4.6 Catering employees must be paid fares reasonably incurred in travelling to and from the place of employment. Fares shall be calculated from the General Post Office, Adelaide.
4.8.4.7 Clauses 6.9 and 6.10 shall not apply to catering employees.
