AN170088 – Retail Trades Award

9. ANNUALIZED SALARY AGREEMENTS

Overtime rates and allowances [Clause 18 - Holidays with Pay, Clause 19 - Holiday Work, Clause 20 - Hours of Work, Clause 21 - Loaded Hourly Rate, Clause 23 - Overtime, Clause 36 - Sunday Work, and Clause 38 - Tea Money] may not apply to employees classified in Grades 5, 6 and 7.

PROVIDED that a written agreement is reached between the employer and employee for a suitable employment package to take account of work which is likely to be performed outside the ordinary hours (as defined).

Annualised Salary Agreements shall not apply to any employee classified as Grade 1, Grade 2, Grade 3 or Grade 4.

PROVIDED that :

(a) The employment package shall be of such nature as to generate a more advantageous remuneration package than would otherwise be available under award conditions in any agreed time period not exceeding four (4) weeks.

(b) Either party may terminate the agreement on the giving of four (4) weeks notice.

(c) One (1) week prior to entering into an agreement of this nature, the employee shall be provided with a copy of this clause.

(d) All other provisions of the award shall apply.

(e) During the month of July each year, an employer shall notify the office of the relevant union of the number of agreements made pursuant to this clause during the previous twelve (12) months and the number currently in existence.

(a) These agreements shall be kept as part of the record required to be kept by employers under Part VII, Section 75 of the Industrial Relations Act 1984.