Woolworths (South Australia and Northern Territory) Award, 2003
AP825337 - Woolworths (South Australia and Northern Territory) Award, 2003
It is agreed that in the event of a dispute arising every endeavour will be made to amicably settle the same by direct negotiation and consultation between the parties to this award. To facilitate the settlement of any such dispute the following channel of communication shall apply:
8.1 The accredited Union representative shall discuss any matters affecting the employees they represent with the supervisor in charge of the work.
8.2 If agreement is not reached at this level, a Union or other employee nominated representative shall approach the responsible company official appointed for further discussions.
8.3 If the matter is not resolved at these discussions, the Union representative shall notify the Secretary of the Union of the nature of the matter in dispute and discussions shall then be carried out between representatives of management and the Union or other employee nominated representative.
8.4 In the event of negotiations between management and the Union or other employee nominated representative not resolving the matter in dispute either party shall be at liberty to refer the matter to the Australian Industrial Relations Commission.
8.5 It is agreed that work shall continue during the period of negotiation, discussion and consultation except in the case of work that is considered to be unsafe. In any case, where work is considered unsafe, the management shall be immediately consulted to determine whether safety regulations are being observed.
8.6 Grievance Procedure Training Leave
8.6.1 General obligation to allow Grievance Procedure training leave
Full-time and part-time employees shall be allowed leave without loss of pay for ordinary working hours (excluding penalty payments) to attend grievance procedure training courses conducted or sponsored by the Union.
8.6.2 General quantum of Grievance Procedure training leave
A maximum of 20 days' leave per annum shall be granted by the employer for general Grievance Procedure training leave.
8.6.3 Additional grievance procedure training leave for union delegates
Employees who are recognised as job delegates by the employer shall be allowed an additional 15 days leave without loss of pay for ordinary working hours (excluding penalty payments.
8.6.4 Maximum amount of leave per year per employee
An individual employee shall not be granted more than 5 days leave within any period of 12 consecutive months without the consent of the employer.
8.6.5 Notice of application for leave
An application for leave pursuant to this clause should, where possible, be made 8 weeks prior to the date of commencement of the course. If less than 4 weeks' notice is given, leave need not be granted.
8.6.6 No disruption to employer's business
Leave shall only be granted where the employer is able to make adequate staffing arrangements during the period of leave and so long as no disruption is likely to be caused to the conduct of the employer's business. The onus shall rest with the employer to demonstrate an inability to grant leave under this subclause.
8.6.7 Employee service before entitlement to leave
An employee must complete a period of 12 months service with an employer before becoming eligible for the leave. In the case of shops which have recently opened, a minimum of 6 months' service (rather than 12 months') must be completed. Should the employer demonstrate that allowing leave before completion of 12 months' service will cause disruption, this provision will not apply.
8.6.8 Maximum number of employees on leave at any one time
At any one time, no more than one employee of any one establishment of an employer covered by this award shall be on leave pursuant to this clause unless the employer agrees otherwise.
8.6.9 Employers exempted
This clause shall not bind an employer who employs full-time or part-time employees bound by this award who work in total less than 380 hours per week.
8.6.10 No liability for additional costs
The employer shall not be liable for any additional costs (other than the payment of wages) to the employee while the employee is on leave except for the payment of extra remuneration where relieving arrangements are instituted to cover the absence of the employee.
8.6.11 Applications for leave
An application for leave pursuant to this clause shall be made in writing by the Union to the employer and shall include the following details.
8.6.12 Recall of employees from leave
Where an employee attending a course pursuant to this clause is recalled to work by the employer because of reasons unforeseen at the time of granting leave, all time spent at the course prior to recall shall be reinstated as if no leave had been taken.
8.6.13 Employee failing to attend a course
Where an employee fails to attend the course for which leave has been granted by the employer, the union shall notify the employer as soon as possible of both the non-attendance and the period of non-attendance. The employer shall not be required to pay wages for any period of leave during which the employee does not attend the designated course unless the employee demonstrates that failure to attend the course was due to illness.
8.6.14 Report by employees on course
Employees granted leave shall, within 14 days after completion of the course for which leave was granted, provide the employer with a report outlining the nature of the course and the employees' observations on it.
8.6.15 Continuous service
Leave taken pursuant to this clause shall be counted as continuous service for all purposes of the award and for the purposes of the relevant long service leave Act.
8.6.16 Any reference to Union in this clause shall mean the Shop, Distributive and Allied Employees' Association or the Australian Liquor, Hospitality and Miscellaneous Workers' Union (Baking and Sales Section).
