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AP817693 - Kmart Australia Ltd Award 2002

PART 5 – WAGES AND RELATED MATTERS 

12. WAGES

12.1 Rates of pay

[12.1 substituted by PR934201 PR948212 ppc 09Aug04; varied by PR959518 ppc 09Aug05]

12.1.1 Wages shall be paid as follows:

12.1 Rates of pay

12.1.1 Sales Assistants

12.1.1(a) NSW, ACT, QLD, NT and Victorian Stores

$558.00

12.1.1(b) Tas, SA and WA stores legally able to trade five late nights to 9.00 p.m. and Saturday afternoon until 5.00 p.m.

$558.00

12.1.1(c) WA and SA stores legally able to trade two - four late nights to 9.00 p.m. and Saturday afternoon until 5.00 p.m.

$553.50

12.1.2 Clerks

12.1.2(a) Victoria, QLD, NSW and ACT

 

$

First pay period on or after 1 May 2006
$

Level 1

567.05

584.05

Level 2

600.15

  

12.1.2(b) WA, SA, Tasmania stores legally able to trade five late nights to 9:00 p.m. and Saturday afternoon until 5:00 p.m.

 

$

First pay period on or after 1 May 2006
$

Level 1

567.05

584.05

Level 2

600.15

  

12.1.2(c) WA and SA stores, legally able to trade two - four late nights to 9:00 p.m. and Saturday afternoon until 5:00 p.m.

 

$

First pay period on or after 1 May 2006
$

Level 1

562.20

579.20

Level 2

595.35

  

12.1.2(d) WA, SA, Tas other stores

 

$

Level 1

574.60

Level 2

590.70

12.1.2(e) Competency Rates for Clerks

(level 1 and 2) first 6 months only 98% of the graded rate

12.1.3 The rates of pay in this award include the arbitrated safety net adjustment payable under the Safety Net Review – Wages June 2005 decision [PR002005]. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees who’s wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above-award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over-award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

12.2 Juniors

Weekly wage rates shall be calculated to the nearest ten cents with any amount less than five cents being disregarded.

12.3 Higher duties

12.3.1 Where an employee temporarily performs in a management position they will be paid a rate of pay of 5% above the sales assistant's rate or the Clerk level 2 rate as appropriate.

12.3.2 The need for such temporary performance will be at management's determination. Temporary performance in a management position will generally apply for one week or more.

12.3.3 In exceptional circumstances, for periods of less than one week, payment for temporary performance will be on the following basis:

12.33(a) For a period of less than four hours the employee shall be paid on an hourly basis, and

12.33(b) For a period of four hours or more payment shall be made for the entire shift.

12.3.3(c) This margin will apply to any person in a subordinate role to the customer Service manager's position, when supervision or management roles apply.

12.4 Payment of wages

12.4.1 Kmart shall pay wages weekly or fortnightly in arrears, by either cash or by payment into a bank account, building society account or credit union account nominated by the employee. In the case of fortnightly pay such payment shall be made not later than Wednesday of the following pay cycle and not later than three days after the end of the pay cycle; provided that where a public holiday falls on a Monday or a Tuesday prior to pay day, wages shall be paid no later than Thursday in that week. In the case of weekly pays such payment shall be made not later than Thursday and not later than three days after the end of the pay week.

12.4.2 In the case of permanent employees the wage paid will be calculated as an average of the wage for the four week roster cycle.

12.4.3 Where payment occurs by electronic funds transfer, the company shall pay all costs of banking charges incurred.

12.4.4 Wages paid in cash shall be paid during an employee's working time.

12.5 Savings

12.5.1 Base Monetary Amount

12.5.2 Where an employee is protected by a saved rate under the savings provisions of this award such a rate will be maintained until the new award rate equals the saved rate.

Until such time as this occurs any increases granted under this award will be fully absorbable for these employees.

12.5.3 No employee will move to a lower hourly rate of pay for their current roster, applicable as at 1 November 1994 and 9 January 1995 in the case of clerical employees. This provision will include ordinary time earnings and overtime for current regular patterns of work.

12.5.4 Subject only to the provisions of clause 10.3.6, no permanent employee shall suffer a reduction in ordinary time earnings as a result of the implementation of this award.

12.5.5 Existing regular casuals will not be replaced by new casuals earning a lower rate of pay under this award.

Notwithstanding the above provision, an existing regular casual may agree to work additional hours. Such additional hours shall be at the relevant rates prescribed by this award.

12.5.6 The minimum period of engagement for casual employees engaged in Tasmania prior 1 November 1994 shall remain at 4 consecutive hours from Monday to Friday and 2 consecutive hours on Saturday.

12.5.7 Casual employees may be converted to part time employment under the terms and conditions of this award provided that:

(a) the change from casual to part time is voluntary and recorded in writing; and

(b) casual employees converting to part time shall have continuity of employment for all purposes where they have previously been regularly employed.

12.5.8 Employees on a premium roster in NSW and the ACT as at 1 November 1994 shall:

(a) retain their existing rosters and classification as a full-time employee;

(b) receive all the pay rises under this award.

12.5.9 Casuals who have accrued sick leave entitlements prior to 1 November 1994 and 9 January 1995 in the case of clerical employees, shall retain such accrued entitlements and may take paid sick leave until the entitlements are exhausted (subject to the requirements of clause 21.5).

12.5.10 Transfer from one store to another by an employee who is requested to transfer shall be advised of the wages and conditions to apply in the new store at the time the request to transfer is made.

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