AP817693 - Kmart Australia Ltd Award 2002
17.1 Full-time employees
17.1.1 All rosters shall provide for 152 hours over four weeks with an average of 38 hours per week.
17.1.2 An employee shall only be rostered to work a maximum of nineteen days in any four week cycle. Provided that existing employees currently rostered to work twenty days in a four week cycle shall receive a roster of not more than nineteen days in the cycle on their anniversary date of commencing full-time employment.
17.1.3 The minimum engagement an employee may be rostered to work shall be four consecutive hours provided that, in stores which do not trade beyond 12 noon on a Saturday, the minimum engagement shall be three consecutive hours on such Saturday.
17.1.4 Rostered hours shall be worked on not more than five days in each week, provided that rostered hours may be worked on six days in one week if in the following week rostered hours are worked on not more than four days.
17.1.5 Rostered hours shall be worked on not more than six consecutive days.
17.1.6 Employees shall be given at least two consecutive days off in each week (or three in a fortnight).
17.1.7 An employee may be rostered to work up to a maximum of nine hours on any day, provided that:
17.1.7(a) An employee may be rostered up to a maximum of 10.5 hours on not more than two days in a week, and
17.1.7(b) in any two week period an employee shall not work more than three days in excess of nine hours per day.
17.1.7(c) The above daily maximums shall be exclusive of meal breaks.
17.1.8 An employee shall not work more than 46 hours of ordinary time in any week.
17.1.9 A ten hour break will be observed between the completion of work (including overtime) on one day and the commencement of work (including overtime) on the next day.
17.1.10 In shops which can lawfully trade on a Sunday an employee may be rostered to work a maximum of three Sundays in any four week cycle unless otherwise agreed, and if rostered in this way shall be entitled to a minimum break of three consecutive days within the cycle, which shall include a Saturday and a Sunday.
17.1.11 No employee shall be engaged on more than one shift per day.
17.1.12 Rosters shall be set on a regular basis and may be changed by seven days written notice or at shorter notice by mutual consent. Should an employee disagree with any roster change they shall be provided with a minimum fourteen days written notice in lieu of seven days. As far as practicable rosters shall be set by mutual agreement.
17.1.13 Subject to clause 17.1.12 an employee shall be provided with a regular roster which will not be subject to frequent variations from one cycle to another.
17.1.14 An employee's roster may not be changed with the intent of avoiding payment of penalties, loadings or other benefits applicable. Should such circumstances arise the employee shall be entitled to such penalty, loading or benefit as if the roster had not been changed.
17.1.15 In rostering employees across the ordinary span, Kmart will respect the family responsibilities of employees employed prior to 1 November 1994 and
9 January 1995 in the case of clerical employees.
17.2 Part-time employees
17.2.1 All rosters for part time employees shall provide for an agreed number of hours over any four week cycle in accordance with clause 10.2.
17.2.2 The maximum ordinary hours worked in any week shall be 38.
17.2.3 The minimum engagement shall be three consecutive hours per day.
17.2.4 Rostered hours shall be worked on not more than five days in each week, provided that rostered hours may be worked on six days in one week if in the following week rostered hours are worked on not more than four days.
17.2.5 Rostered hours shall be worked on not more than six consecutive days in any week.
17.2.6 Employees shall be given at least two consecutive days off in each week (or three in a fortnight).
17.2.7 An employee may be rostered to work up to the daily maximum prescribed for a full-time employee in clause 17.1.7, provided that:
17.2.7(a) A ten hour break will be observed between the completion of work (including overtime) on one day and the commencement of work (including overtime) on the next day.
17.2.7(b) In shops which can lawfully trade on a Sunday an employee may be rostered to work a maximum of three Sundays in any four week cycle unless otherwise agreed, and if rostered in this way shall be entitled to a minimum break of three consecutive days within the cycle, which shall include a Saturday and a Sunday.
17.2.7(c) No employee shall be engaged on more than one shift per day.
17.2.8 Rosters shall be set on a regular basis and may be changed by seven days written notice or at shorter notice by mutual consent. Should an employee disagree with any roster change they shall be provided with a minimum fourteen days written notice in lieu of seven days. As far as practicable rosters shall be set by mutual agreement.
17.2.9 Subject to clause 17.2.8 an employee shall be provided with a regular roster which will not be subject to frequent variations from one cycle to another.
17.2.10 A part-time employee shall be given stability in the regular roster pattern over four week cycles and shall not be subject to constant roster changes in successive cycles.
17.2.11 An employee's roster may not be changed with the intent of avoiding payment of penalties, loadings or other benefits applicable should such circumstances arise the employee shall be entitled to such penalty, loading or benefit as if the roster had not be changed.
17.2.12 In rostering employees across the ordinary span, Kmart will respect the family responsibilities of employees employed prior to 1 November 1994 and
9 January 1995 in the case of clerical employees.
17.3 Casual employees
17.3.1 A casual employee's ordinary hours shall not exceed 38 hours in any week.
17.3.2 A casual employee shall not work more than five starts per week without the payment of overtime.
17.3.3 The minimum engagement per day shall be three consecutive hours.
17.3.4 An employee may be rostered to work up to a maximum of nine hours on any day provided that:
17.3.4(a) An employee may be rostered up to a maximum of ten and one half hours on not more than two days in a week, and
17.3.4(b) In any two week period an employee shall not work more than three shifts in excess of nine hours per day.
17.3.4(c) The above daily maximums shall be exclusive of meal breaks.
17.3.5 A ten hour break will be observed between the completion of work (including overtime) on one day and the commencement of work (including overtime) on the next day.
17.3.6 No employee shall be engaged on more than one shift per day.
17.4 Sunday work
17.4.1 Where existing employees as at 1 November 1994 were protected from working Sundays under their previous awards in New South Wales and Queensland it shall remain voluntary for those employees to be rostered to work on Sundays.
17.4.2 Where an employee protected by this clause transfers at his/her own request to a store where Sunday trading is already lawful, the employee will not have the right to refuse to work on Sundays at the new store.
17.4.3 Where an employee transfers at Kmart’s request from a non Sunday trading store to another store where Sunday trading is already lawful, the employee will retain the right to refuse to work on Sunday at the new store.
17.4.4 All work on Sundays in the A.C.T. within ordinary hours of work shall be voluntary for all employees (including casuals) employed in that store at the date that the Sunday trading became lawful.
17.4.5 In Victoria, Western Australia, South Australia and Tasmania it shall be voluntary for all employees employed with Kmart at 1 November 1994 to be rostered to work on Sundays.
17.4.6 An employee referred to above may elect to work on a Sunday for a limited period under a written agreement provided that at the end of the period the Sunday work would cease and the employee’s right to refuse to work on Sundays would remain unimpaired.
