AN170088 – Retail Trades Award
1. NIGHTFILL ASSISTANTS
(a) The ordinary hours of work shall be an average of 38 per week to be worked on the basis of:-
Eight hours per day on nineteen days with an accumulated Rostered Leisure Day on one day in each 20-day work cycle.
(b) The ordinary hours of work shall be worked in 5 nights of 8 consecutive hours between the hours of 4.00 p.m. on the first day and 2.00 a.m. on the second day, Monday, Tuesday and Wednesday; 4.00 p.m. on Thursday and 7.00 a.m. on Friday; and 4.00 p.m. on Friday and 7.00 a.m. on Saturday. Where the late trading night alters from currently Thursday and Friday nights, a subsequent night will be worked in lieu thereof.
(c) The Employee's starting time on Thursday night shall be between the hours of 4.00 p.m. and 9.00 p.m. and shall be determined by negotiations between the Company and the Employees. If the Employees so desire, the union shall be involved in these negotiations.
(d) The hours of work prescribed in this clause shall be continuous and shall include a Meal Break of 20 minutes. Such Meal Break shall be allowed after 4 hours and before the completion of 5 hours of work and shall be counted as time worked.
(e) Except where overtime is worked for a period not exceeding one hour after normal finishing time, no employee shall work for more than 5 hours without a break of 20 minutes.
(f) An employer with the agreement of the employee may, in an emergency situation, substitute the day an employee is to take off in accordance with subclause 1. (a) of this clause, for another day.
PROVIDED that such agreement will not be unreasonably withheld.
(g) Employees other than those engaged as provided for in Clauses 12 - Casual Employees and 24 - Part-time Employees hereof, shall, notwithstanding anything contained in Section 49 of the Industrial Relations Act 1984, be paid the weekly wage prescribed for a week of 38 hours for each week that he is ready, willing and available for work during the hours prescribed herein and, in addition thereto, such overtime or other penalty rates, if any, that may have occurred during the relevant period.
2. ALL OTHERS
(a) The ordinary hours of work shall be an average of 38 per week to be worked on one of the following bases:-
(i) seven hours thirty-six minutes per day; or
(ii) eight hours per day on four days and six hours on one day in each week; or
(iii) eight hours per day on nine days and four hours on one day in each fortnight; or
(iv) eight hours per day on nineteen days with an accumulated rostered day off; or
(v) eight hours per day with an accumulation of rostered days off up to a maximum of five.
The method of implementation shall be determined on a store by store or where appropriate, department by department basis, whereby the primary consideration shall be the efficient maximisation of customer service in each establishment.
PROVIDED that establishments which employ fifteen or more full-time employees subject to this award shall adopt one or both of the options contained in (iv) and (v) herein. In circumstances whereby the implementation of such options can be shown to be contrary to the efficient maximisation of customer service, an establishment may seek discussions with the relevant unions as to alternative methods of implementation. If agreement cannot be reached the matter may be referred to the Industrial Commission for resolution.
For the purposes of this clause ‘establishment' shall mean an identifiable outlet or office.
(b) (i) Subject to Clause 30 - Rosters, and Clause 31 - Savings, the ordinary hours shall be worked in, no more than, 5 days of 8 consecutive hours (excluding meal breaks) between the following hours:-
Monday, Tuesday and Wednesday |
7.00A.M. to 6.30P.M. |
Thursday and Friday |
7.00A.M. to 9.30P.M. |
Saturday, |
7.00A.M. to 6.30P.M. |
(ii) Where a holiday contained in Clause 18 - Holidays With Pay, falls on either a Thursday or Friday, the ordinary hours for that day, as contained in subclause (b) (i) of this clause, may be transferred to the first preceding day containing a lesser number of ordinary hours than the day on which the holiday falls.
(iii) PROVIDED that the hours for employees engaged in the trade of newsvendor shall (subject to the hours worked not exceeding on average 38 per week) be as follows:-
Launceston - as contained in subclause (b) (i) of this clause.
All other areas,
Monday, Tuesday and Wednesday, |
6.00A.M. to 8.00P.M. |
Thursday and Friday, |
6.00A.M. to 9.30P.M. |
Saturday, |
6.00A.M. to 6.30P.M. |
(c) The hours of work prescribed by this clause shall, excepting for a meal break of not less than 45 minutes nor more than 75 minutes, be continuous on each day. Such meal break shall be taken between the hours of 11.00 a.m. and 3.00 p.m.
In circumstances whereby a second meal break is required on any one day, such break shall not be less than 30 minutes.
(d) Except where overtime is worked for a period not exceeding one hour after normal finishing time, no employee shall work for more than 5 hours without a break of not less than 45 minutes for a meal.
(e) In circumstances whereby a system of ‘Rostered Leisure Days' (RLD's) applies, an employer with the agreement of the employee may in an emergency situation substitute the day an employee is to take off for another day. Provided that such agreement will not be unreasonably withheld.
(f) Employees other than those engaged as provided for in Clauses 12 - Casual Employees and 24 - Part-time Employees hereof, shall, notwithstanding anything contained in Section 49 of the Industrial Relations Act 1984, be paid the weekly wage prescribed for a week of 38 hours for each week that he is ready, willing and available for work during the hours prescribed herein and, in addition thereto, such overtime or other penalty rates, if any, that may have occurred during the relevant period.
3. ALL EMPLOYEES
(a) Make Up Time
Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of make up time provided that:
(i) An employee may elect, with the consent of the employer, to work 'make up time' under which the employee takes time off during ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award.
(ii) An employee on shift work may elect, with the consent of their 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.
(iii) An employee or the employees may choose to request a union party to this award, to represent their interests in negotiation referred to in paragraph (i) of this subclause.
(iv) Once a decision has been taken to introduce an enterprise system of make up time, in accordance with this clause, its terms must be set out in the time and wages records kept pursuant to Regulation 25 of the Industrial Relations Regulations 1993.
(v) An employer shall record make up time arrangements in the relevant time and wages book, at each time this provision is used.
(b) Rostered Days Off
Notwithstanding provisions elsewhere in the award, the employer and the majority of employees at an enterprise may agree to establish a system of Rostered Days Off to provide that:
(i) An employee may elect, with the consent of the employer, to take a rostered day off at any time.
(ii) An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.
(iii) 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 by the employee at times mutually agreed by the employer, or subject to the reasonable notice by the employee or the employer.
(iv) An employee or the employees may choose to request a union party to this award to represent their interests in negotiation referred to in paragraph (i) of this subclause.
(v) Once a decision has been taken to introduce an enterprise system of Rostered Days Off flexibility, in accordance with this clause, its terms must be set on in the time and wages records kept pursuant to Regulation 25 of the Industrial Relations Regulations 1993.
(vi) An employer shall record Rostered Days Off arrangements in the relevant time and wages book, at each time this provision is used.
