AN170088 – Retail Trades Award
1. NIGHTFILL PART-TIME EMPLOYEES
(a) Part-time employees engaged to work 15 or more hours per week shall be entitled to the holidays, annual leave and sick leave as prescribed in Clauses 10 - Annual Leave, 17 - Holidays with Pay, and 31 - Sick Leave, provided that payment thereof shall be made at the rate normally paid to such employees for a similar period of time worked.
The wage rates payable, per hour, to part-time employees shall be calculated by using the divisor of one thirty-eighth of the relevant weekly rate.
(b) Part-time employees engaged to work less than 15 hours per week shall be paid per hour one thirty-eighth of the weekly rates prescribed for the work he or she performs. In addition thereto such employees shall receive 20% of the ordinary hourly rate in respect of each hour for which he or she is paid; such additional amount to be payment in lieu of annual leave, sick leave and public holidays.
(c) Penalty rates prescribed in Clause 19 - Holiday Work, Clause 23 - Overtime, and Clause 36 - Sunday Work herein are applicable to part-time employees.
PROVIDED that all penalty additions shall be calculated on the wage rate excluding the nightfill loading and any part-time loading as described in Clause 12 - Casual Employees, subclause (b), paragraph (iii).
(d) A part-time employee shall have only one engagement consisting of consecutive hours per day.
(e) No part-time employee shall be paid for less than four consecutive hours for work performed on any given night.
2. ALL OTHERS
(a) Part-time employees engaged to work 15 or more hours per week shall be entitled to the holidays, annual leave and sick leave as prescribed in Clauses 10 - Annual Leave, 17 - Holidays with Pay and 31 - Sick Leave, provided that payment thereof shall be made at the rate normally paid to such employees for a similar period of time worked.
The wage rates payable per hour, to part-time employees shall be calculated by using the divisor of one thirty-eighth of the relevant weekly rate.
(b) Part-time employees engaged to work less than 15 hours per week shall be paid per hour one thirty-eighth of the weekly rates prescribed for the work he or she performs. In addition thereto such employees shall receive 20% of the ordinary hourly rate in respect of each hour for which he or she is paid; such additional amount to be payment in lieu of annual leave, sick leave and public holidays.
(c) Penalty provisions - penalty rates prescribed in Clause 19 - Holiday Work, Clause 23 - Overtime, and Clause 36 - Sunday Work herein are applicable to part-time employees.
PROVIDED that in the case of part-time employees in receipt of a 20% loading, the penalty rates shall be calculated in the same manner as applies to casual employees described in Clause 12 - Casual Employees.
(d) A part-time employee shall have only one engagement consisting of consecutive hours per day with any one employer. Provided that in establishments employing 5 or less employees broken shifts may be worked by mutual agreement between the employee and the employer.
(e) No part-time employee shall be employed for less than four hours for work performed on any given day within the span of ordinary hours.
PROVIDED that where a period of engagement commences during the spread of ordinary hours and continues beyond that spread, the total number of hours worked in that engagement shall be counted for the purposes of determining the minimum period of engagement herein prescribed.
(f) Where the trading period extends beyond 6.00 p.m. and the duration of the trading period is less than 4 hours, part-time employees shall receive a minimum payment as for the duration of the trading period.
(g) Subject to Clause 31 - Savings, employees working on Saturday morning shall receive a minimum payment as for 2 hours worked.
