Woolworths (South Australia and Northern Territory) Award, 2003
AP825337 - Woolworths (South Australia and Northern Territory) Award, 2003
10.1 General
10.1.1 Employees under this award will be employed in one of the following categories:
10.1.1(a) full-time employees; or
10.1.1(b) regular part-time employees; or
10.1.1(c) casual employees.
10.1.1(d) temporary employees.
10.1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and, in particular, whether they are to be full-time, regular part-time, casual or temporary.
10.2 Full-time employees
A full-time employee is an employee who is engaged to work an average of 38 hours per week.
10.3 Regular Part-Time Employees
10.3.1 An employer may employ regular part-time employees in any classification in this award.
10.3.2 A regular part-time employee is an employee who:
10.3.2(a) works less than full time hours of 38 hours per week; and
10.3.2(b) has reasonably predictable hours of work.
10.3.3 At the time of first being employed, the employer and the regular part-time employee will agree, in writing, on a regular pattern of work in accordance with the relevant rostering principles outlined in clause 30, specifying at least:
10.3.3(a) the hours worked each day;
10.3.3(b) which days of the week the employee will work;
10.3.3(c) the actual starting and finishing times of each day;
10.3.3(d) minimum daily employment is three hours;
10.3.3(e) where the employee agrees to work additional hours in excess of the agreed hours, they shall be paid at the ordinary rate, plus any penalty where applicable, up to a maximum of 38 hours per week;
10.3.3(f) where the employer requires the employee to work additional hours in excess of the agreed hours, and has not satisfied the provisions of clause 30.3.3, then they shall be paid at the applicable overtime rate;
10.3.3(g) the entitlement and the duration of meal breaks as outlined in clause 32.
10.3.4 Any agreement to vary the regular pattern of work must be made in writing before the variation occurs.
10.3.5 The agreement and variation to it must be retained by the employer and a copy given to the employee.
10.3.6 An employer is required to roster a regular part-time employee for a minimum three consecutive hours on any shift.
10.3.7 An employee who does not meet the definition of a regular part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with clause 10.4.
10.3.8 A regular employee employed under the provisions of this clause must be paid for the ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.
Casual employment
10.4.1 A casual employee is an employee engaged as such and who does not have an entitlement to reasonably predictable hours of work.
10.4.2 Casual employees shall be paid a minimum rate higher by 20% than the appropriate weekly rate prescribed by clause 19 – Wages. In calculating the hourly rate for a casual employee, the weekly rate shall be divided by 38 and rounded to the nearest cent then increased by the 20% casual loading. The result rounded off to the nearest cent.
10.4.3 Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly or fortnightly.
10.4.4 Casual employees shall receive a minimum period of engagement of three hours for each engagement.
10.4.5 Junior casual employees in South Australia who work between 4.00 p.m. and 6.00 p.m. Monday to Friday shall be subject to a minimum period of engagement of 1.5 hours within the period specified in this paragraph. Should such an employee work between 6.00 p.m. and 6.30 p.m., the employee shall be entitled to a minimum period of engagement of two hours for work performed between 4.00 p.m. and 6.30 p.m. This subclause is only operative until such time as late night trading is legal on every weeknight in South Australia.
10.4.6 With the exception of 16.4 the provisions of clauses 15 - Termination of employment and 16 - Redundancy, shall not apply to casual employees.
10.5 Temporary Employees
10.5.1 Employees may be engaged under Part 1 of this award for a period not exceeding ten consecutive weeks at or about Christmas each year as temporary employees. They shall be paid the same rate as is payable to other employees of the same classification.
10.5.2 Temporary employees shall not be entitled to be paid a casual loading.
