AT794740CRA - Retail and Wholesale Industry - Shop Employees - Australian Capital Territory - Award 2000 [Transitional]
13.1 General
13.1.1 Employees under this award will be employed in one of the following categories:
13.1.1(a) full-time employees; or
13.1.1(b) regular part-time employees; or
13.1.1(c) casual employees.
13.1.2 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 or casual.
13.2 Full-time employees
A full-time employee is an employee who is engaged to work an average of 38 hours per week.
13.3 Regular part-time employees
13.3.1 An employer may employ regular part-time employees in any classification in this award.
13.3.2 A regular part-time employee is an employee who:
13.3.2(a) works less than full-time hours of 38 per week; and
13.3.2(b) has reasonably predictable hours of work.
13.3.3 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, specifying at least:
• the hours worked each day;
• which days of the week the employee will work;
• the actual starting and finishing times of each day;
• variation must be in writing;
• minimum daily employment is three hours;
• all time worked in excess of agreed hours is paid at the overtime rate; and
• the times of taking and the duration of meal breaks.
13.3.4 Any agreement to vary the regular pattern of work must be made in writing before the variation occurs.
13.3.5 The agreement and variation to it must be retained by the employer and a copy given by the employer to the employee.
13.3.6 An employer is required to roster a regular part-time employee for a minimum of three consecutive hours on any shift.
13.3.7 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 13.4.
13.3.8 A regular employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.
13.3.9 Rosters
13.3.9(a) A part-time employee’s roster, but not the agreed number of hours, may be altered by the giving of notice in writing of seven days or in the case of an emergency 48 hours, by the employer to the employee.
13.3.9(b) Rosters shall not be changed from week to week, or fortnight to fortnight, nor shall they be changed to avoid any award entitlements.
13.3.10 Award entitlements
A part-time employee shall be entitled to payments in respect of annual leave, public holidays, sick leave and bereavement leave arising under this Award on a proportionate basis calculated as follows:
13.3.11 Annual leave
The period of annual leave entitlements for part-time employees shall be identical to those of full-time employees and accrued in the same manner, in accordance with clause 30 - Annual leave. Wages payable in respect of periods of paid leave shall be calculated pro rata in respect of the period to which the entitlement relates.
13.3.12 Public holidays
Where the rostered paid hours fall on a public holiday and work is not performed by the employee, such employee shall not lose pay for the day. Where the employee works on the holiday, such employee shall be paid in accordance with clause 34 – Public holidays.
13.3.13 Bereavement leave
Where a part-time employee would normally work on any of the three working days following the death of a close relative which would entitle an employee on weekly hiring to bereavement leave in accordance with 31.4, the employee shall be entitled to be absent on bereavement leave on any of those three working days without loss of pay for the day or days concerned.
13.3.14 Other award provisions
Subject to the provisions contained herein all other provisions of the Award relevant to full-time employees shall apply to part-time employees on a pro rata basis.
13.3.15 Conversion of existing employees
No full-time or casual employee shall be transferred by an employer to part-time employment without the written consent of the employee. Provided that where such transfer occurs all leave entitlements accrued shall be deemed to be continuous. A full-time employee who requests part-time work and is given such work may revert to full-time employment on a specified future date by agreement with the employer and recorded in writing.
13.3.16 Existing part-time employees
Where a person was employed as a part-time employee pursuant to the previous awards, the employer and the employee should confer and seek to reach agreement on the translation to the terms of this award. The employer must advise each employee that the employee may be represented in such conferences.
13.4 Casual employment
13.4.1 A casual employee is an employee engaged as such and who does not have an entitlement to reasonably predictable hours of work.
13.4.2 The provision in 13.4.1 may be reviewed on the application of any party to the award no sooner than six months from the date the award was made.
13.4.3 A casual must be paid as follows:
13.4.3(a) For time worked within the ordinary hours of work Monday to Friday, an hourly rate equal to the appropriate weekly rate divided by 38 plus 15%.
[13.4.3(b) substituted by PR904778 PR918781 PR932058 PR947379 PR947379 PR959327 PR975747; PR979192 ppc 04Oct07]
13.4.3(b) For the time worked within the ordinary hours of work on Saturday an hourly rate calculated using the following formula:
Appropriate adult weekly rate |
+ |
$39.70 |
x 115% | ||
38 |
7.6 |
Provided that the amount of $39.70 shall be increased in the same proportion as the adult weekly rate is increased.
13.4.3(c) For time within the ordinary hours of work on Sunday, a rate of time and a half of the rate calculated in 13.4.3(a).
13.4.3(d) For time worked outside the ordinary hours of work Monday to Saturday an hourly rate of time and a half of the rate calculated in 13.4.3(a).
13.4.3(e) For overtime on Sundays the hourly rate must be double the rate calculated in 13.4.3(a).
13.4.3(f) On public holidays the hourly rate must be two and a half times the rate calculated in 13.4.3(a).
13.4.3(g) Casual employees must be paid for a minimum of three hours for each start except in the case of a Friday night (6.30 p.m. to 9.00 p.m.) and a Saturday morning when they must be paid for a minimum of two and a half hours However casual employees on their first two engagements may be employed with no minimum engagement period for the purposes of training only.
13.4.4 Casual employment caring responsibilities
[13.4.4 inserted by PR964938 ppc 11Nov05]
13.4.4(a) Subject to the evidentiary and notice requirements in 31.9 and 31.10 casual employees are entitled to not be available to attend work, or to leave work if they need to care for members of their immediate family or household who are sick and require care and support, or who require care due to an unexpected emergency, or the birth of a child.
13.4.4(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
13.4.4(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
13.5 Scope of the apprenticeship clauses
13.5.1 This subclause and 13.6 and 13.7 shall apply to apprentices.
13.5.2 An apprentice is an employee who is engaged under a Training Agreement registered by the relevant Territory Training Authority, where the qualification outcome specified in the Training Agreement is a relevant qualification from a Training Package endorsed by the National Training Framework Committee.
13.5.3 For the purpose of this subclause a relevant qualification is a qualification:
13.5.3(a) from a National Training Package that covers occupations or work which are covered by this award; and
13.5.3(b) at Australian Qualifications Framework Certificate Level III except where the qualification can normally be completed through a Training Agreement of a duration of two years or less (note: such qualifications would generally be covered by traineeship provisions).
13.5.4 An apprentice shall also include an employee who is engaged under a Training Agreement or Contract of Training for an apprenticeship declared or recognised by the relevant Territory Training Authority.
13.6 Apprentice tradesperson - wages
13.6.1 Where an employee is apprenticed under the provisions of the Vocation Education and Training Act 1995 the rates of wages payable in the respective time of his/her apprenticeship must not be less than the following percentages of the adult wage for the classifications of qualified tradespersons.
Four year term |
Percentage |
In the first year |
|
- for the first six months |
40 |
- second six months (subject to progress to the satisfaction of the employer) |
45 |
In the second year |
60 |
In the third year |
75 |
In the fourth year |
90 |
13.6.2 Where any disputation arises as a result of the implementation of the rate for the second six monthly period of the first year, a committee will be established to hear and determine the dispute. The committee will be comprised of two representatives of the employers, two representatives of the union or unions concerned and an independent chairperson to be appointed by the Australian Capital Territory Vocational Training Authority.
13.6.3 Any request for a meeting of the committee will be made to the Industrial Registrar or his/her deputy within 21 days of the decision of the employer to withhold payment of the 45% rate.
13.6.4 A party dissatisfied with the decision of the committee may seek a review of the decision by the Commission. Any request for review must be made to the Industrial Registrar or his/her deputy within 21 days of the committee’s decision.
13.6.5 Where the Australian Capital Territory Vocational Training Authority is satisfied that any apprentice has passed all subjects and has obtained at the first attempt, an average of not less than 75% of the possible total marks, awarded in a stage at the annual examinations and/or continuous assessments being undertaken in the prescribed course in the theory and practice of the trade covered by this award, which the apprentice has been required to complete under the provisions of the Apprenticeship Act, the Vocational Training Authority must issue to the employer a certificate to that effect, to certify the employer of the apprentice and a copy of that certification will be forwarded to the apprentice.
13.6.6 Where an apprentice has been exempted from any subject or subjects this clause will nevertheless apply as if the subject or subjects had not been included in the prescribed course.
13.6.7 Upon the Vocational Training Authority’s certification the wages payable to the apprentice in the terms of this award must be increased by an amount equal to 2.5% of the rate payable for the qualified tradesperson classification. This increase applies to the apprentice from the first pay period to begin on or after the date of the Authority’s certification and remain in force for 52 weeks, or the date of a subsequent certification or completion of the apprenticeship, whichever occurs first.
13.7 School based apprentices
13.7.1 This clause shall apply to school based apprentices. A school based apprentice is a person who is undertaking an apprenticeship in accordance with this clause while also undertaking a course of secondary education.
13.7.2 The hourly rates for full-time junior and adult apprentices as set out in this award shall apply to school based apprentices for total hours worked including time deemed to be spent in off-the-job training.
13.7.3 For the purposes of 13.7.1 above, where an apprentice is a full-time school student, the time spent in off-the-job training for which the apprentice is paid is deemed to be 25% of the actual hours each week worked on-the-job. The wages paid for training time may be averaged over a semester or year.
13.7.4 The school-based apprentice shall be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.
13.7.5 For the purposes of this subclause, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.
13.7.6 The duration of the apprenticeship shall be as specified in the training agreement or contact for each apprentice. The period so specified to which the apprentice wage rates apply shall not exceed six years.
13.7.7 School based apprentices shall progress through the wage scale at the rate of twelve months progression for each two years of employment as an apprentice.
13.7.8 These rates are based on a standard full-time apprenticeship of four years. The rates of progression reflect the average rate of skill acquisition expected from the typical combination of work and training for a school-based apprentice undertaking the applicable apprenticeship.
13.7.9 Where an apprentice converts from school-based to full-time, all time spent as a full-time apprentice shall count for the purposes of progression through the wage scale. This progression shall apply in addition to the progression achieved as a school-based apprentice.
13.7.10 School-based apprentices shall be entitled pro rata to all of the conditions of employees under this award.
