AN150130 – Retail Industry (South Australia) Award

CLAUSE 6.7 FACILITATIVE SAVINGS PROVISION
OPDATE 15:03:2006 1st pp on or after

Employees who as at 21 October 2004 had an established pattern of late night and/or Sunday work and who seek additional hours of work must advise their employers accordingly. Once advised of this, the employer must arrange a meeting with the employee to establish:

(a) The level of average weekly income lost as a result of the new penalty arrangements for Sundays and late night; and

(b) The employee's availability to work additional hours.

An established pattern means work that has been performed on a regular basis over the period of employment or the 6 months preceding 21 October 2004, whichever is the lesser (the relevant period). Examples of an established pattern include work on Sundays and/or late nights on a regular interval in the relevant period, or work on a majority of the Sundays and/or late nights in the relevant period.

The employer must take all reasonable steps to provide additional hours for these employees, such that the employee is able to maintain the average wages earned on Sundays and/or late nights in the relevant period, and in doing so, to accommodate the employee's availability. The onus will be on the employer to establish why the additional hours cannot be provided.

Any dispute in relation to this clause will be dealt with in accordance with the Grievance Procedure.