Shop, Distributive and Allied Employees Association New South Wales Branch BWS ENTERPRISE AGREEMENT 2013 THROUGH TO 30 JUNE Unions.

Transcription

1 Shop, Distributive and Allied Employees Association New South Wales Branch BWS ENTERPRISE AGREEMENT 2013 OPERATIVE ON AND FROM SEPTEMBER 3 THROUGH TO 30 JUNE 2016 Unions Work

2 PART 1: APPLICATION AND OPERATION Parties Bound Date and Period of Operation No Extra Claims Saving Clauses Definitions BWS Vision Achievement of Company Standards... 5 PART 2: EMPLOYEE RELATIONS Dispute Settling Procedure Introduction of Change Confidential Information Stand-down Procedure... 7 PART 3: EMPLOYMENT CATEGORIES Full-time Employment Part-time Employment Casual Employment Temporary Weekly Employment Probationary Period Continuous Service Other Employment Abandonment of Employment Retail Traineeships Flexibility of Work PART 4: HOURS OF WORK AND RELATED MATTERS Hours of Work Rosters Overtime Call Outs Transport Reimbursement for After Hours Overtime Make Up Time Multi-Shifts Meal and Rest Breaks Drink and Comfort Breaks Multi-Work Sites Travelling Time Reimbursement Staff Meetings Safe Escort Workplace Health and Safety PART 5: WAGES, BENEFITS AND OTHER CONDITIONS Payment of Wages Junior Wage Rates Classifications Allowances

3 5.5 Reimbursement of Transferring Employee s Costs Superannuation Mixed Functions Accident Pay Victoria Only Supported Wage Rates Dress and Presentation Standards and Uniforms Protective Clothing Cleaning Duties Lockers Notice Boards Breakages and Cash Shortages PART 6: LEAVE AND PUBLIC HOLIDAYS Annual Leave Personal Leave Pre-Natal Leave Unpaid Carers Leave Compassionate Leave Unpaid Leave Long Service Leave Parental Leave Jury Service Blood Donor Leave Defence Force Leave Emergency Services Leave Natural Disaster Leave Public Holidays PART 7: TERMINATION & REDUNDANCY Termination of Employment Redundancy PART 8: SIGNATORIES Signatories Appendix A: Rates of Pay Appendix B: Savings Clause Appendix C: Savings Provisions Woolworths Liquor Agreement

4 1.1 Parties Bound BWS ENTERPRISE AGREEMENT 2013 PART 1: APPLICATION AND OPERATION This Agreement shall be binding on the employees of Woolworths Ltd trading as BWS and the Shop, Distributive and Allied Employees Association in respect of employees engaged in the classifications of work prescribed in this Agreement, in stores trading as BWS. This Agreement operates in the classifications contained in this Agreement whether members of the Shop, Distributive and Allied Employees Association or not. (c) (d) This Agreement shall apply to all States and Territories of Australia. This Agreement comprehensively regulates the terms and conditions of employment of employees to whom it applies and operates to the exclusion of any other industrial agreements, award or notional agreements preserving State awards, including in respect of any protected award conditions which may otherwise apply in respect of employees engaged under this Agreement. This Agreement shall not apply to persons appointed to salaried positions. 1.2 Date and Period of Operation This Agreement shall take effect and have the force of law from seven days after it is approved by the Fair Work Commission and will remain in force until 30 June No Extra Claims It is a term of this Agreement that the Company, Employees and the Union undertake not to pursue any further claims, Award or over Award during the life of this Agreement. 1.4 Saving Clauses Any savings provision contained in the BWS Enterprise Agreement 2010 and the Woolworths Liquor Agreement 2012 which appear to no longer have application have been removed from the BWS Enterprise Agreement However should any employee be receiving the benefit of a savings provisions contained in the BWS Enterprise Agreement 2010and the Woolworths Liquor Agreement 2012 they will continue to do so. All other Savings Clauses are specified in Appendix B and C. 1.5 Definitions Ordinary pay for the purpose of this Agreement shall mean the level of remuneration for the employee s normal average weekly number of hours of work calculated at the ordinary time rate of pay exclusive of any penalties. The Union shall mean, the Shop, Distributive and Allied Employees Association (SDAEA). 3

5 (c) (d) (e) (f) (g) (h) (j) (k) (l) (m) A Rostered Day Off (RDO) is defined as a day an employee is normally rostered to work ordinary hours, but is not required to attend for work due to an accumulation of ordinary hours in advance of such day. Non rostered working day (NRWD) is a day an employee is not rostered to work ordinary hours. A week is defined as Monday to Sunday both days inclusive. A day is defined as the 24 hours from 0000 to 2400 hours. A work roster is defined as the hours an employee is rostered to work ordinary hours on any day, or combination of days, during the week. A work roster also means an employee s start/finish times, ordinary days of work and/or shift. A weekly employee is defined as a full-time or part-time employee. Base hours for a Part-time employee is their contracted minimum number of hours for each four week period. All references to additional penalties in this Agreement are calculated at the 100% rate of pay. Cycle shall mean days or hours of work over a period of 4 weeks. Immediate family shall mean: A spouse (including de facto spouse or same-sex partner), child, parent, grandparent, grandchild or sibling of the employee; A child, parent, grandparent, grandchild or sibling of the spouse (Including de facto spouse or same-sex partner) of the employee; Significant other means a close friend or relative of an employee not listed in clause 6.5, or (iii). 1.6 BWS Vision BWS has a strategic vision to be a leader in the Liquor industry nationally and will continue to evolve its business strategy to ensure future business growth and the creation of a distinct market segmentation. Through the adoption of this Agreement, and development of internal people initiatives, BWS aims to: Foster a positive work environment where all employees are encouraged to have positive and proactive input into delivery of our business objectives; Ensure that our employment conditions are contemporary and provide the necessary flexibility to respond to changing consumer needs; Provide structured training and development activities which support the growth of our people and support the achievement of excellence in leadership, customer service, sales and product awareness; 4

6 Continue to build our brand and position our business as a market leader and an attractive employment option for prospective employees. 1.7 Achievement of Company Standards Meeting Company Standards Employees will be required to meet Company standards on all occasions. This will include the Company standards regarding job performance, emergency procedures, document security, honesty, equity, occupational health and safety, prohibiting drinking of alcohol or taking of illegal drugs and a smoke-free workplace. Equity BWS is an equal employment opportunity employer. To that end the Company and all employees are committed to exhibiting the attitudes and behaviours that reflect the core Company value of equity and to the maintenance of an equitable workplace. Equity means a fair go for everyone in our workplace, our fellow employees, our customers and the Company. The principles underpinning equity are: treating each other with respect and dignity; making judgements genuinely based on fairness and merit; valuing the difference and diversity of people; eliminating artificial, unfair and inappropriate barriers, providing appropriate means to address discrimination and harassment and looking at opportunities for flexibility when meeting Company requirements consistent with the agreement. The Company equity program outlines its and the employees responsibilities in the areas of discrimination, harassment, and equal employment opportunity. PART 2: EMPLOYEE RELATIONS 2.1 Dispute Settling Procedure Step 1 Step 2 A grievance between an employee and the Employer, including a grievance in relation to the National Employment Standards except a dispute about whether the Employer has reasonable business grounds under subsection 65(5) of the Fair Work Act 2009 ( matter ) should be discussed in the first instance between the employee and the employee s line manager. If the matter is still not resolved the employee may then raise the matter with the relevant Regional Manager and State Human Resource Manager. At this stage the employee has the option of enlisting the support of a representative who may be a Union representative. 5

7 Step 3 Step 4 Step 5 Step 6 BWS ENTERPRISE AGREEMENT 2013 If the matter is not resolved the employee and/or their representative may then refer the matter to the relevant General Manager and Divisional Human Resource Manager. If the matter has still not been resolved either party may refer it to the Fair Work Commission for conciliation. If the matter is still not resolved the employee may raise the matter with the relevant General Manager and Director of Human Resources. In instances where the employee elects to be represented by the union, the National Secretary of the Union shall represent the employee in discussions with the employer s relevant General Manager and Director of Human Resources. If after Step 5, there is still no resolution and the employer s Director of Human Resources and the employee agree or, in instances where the employee elects to be represented by the union, the employer s Director of Human Resources and the National Secretary of the Union agree, the matter may proceed to arbitration by the Fair Work Commission. The decision of the Fair Work Commission will bind the parties, subject to either party exercising a right of appeal against the decision. It is a term of this Agreement that while the grievance resolution procedure is being conducted work shall continue as normal before the dispute arose unless an employee has a reasonable concern about an imminent risk to his or her health or safety. 2.2 Introduction of Change Employer s Duty to Notify Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the Union. Significant effects include termination of employment, major changes in the composition, operation or size of the employer s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alternation of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect. Employer s Duty to Discuss Change The employer shall discuss with the employees affected and the union, inter alia, the introduction of the changes referred to in sub-clause hereof, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes. 6

8 (iii) The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in sub-clause hereof. For the purpose of such discussion, the employer shall provide in writing to the employees concerned and the Union, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and any other matters likely to affect employees provided that no information about individual employees is to be provided to the Union or any representative of the Union unless required or authorised by law. 2.3 Confidential Information Any trade secret, business information or other like information whether documented or not of a confidential nature gained by the employee during the course of employment, shall not, without the specific authority of the employer, be passed on to any person who would be in a position to use such information to the detriment of the employer. Nor shall such information be used for the personal benefit of the employee. 2.4 Stand-down Procedure The employer may deduct payment for any day an employee cannot usefully be employed because of any strike, or through any breakdown of machinery or any stoppage of work by any cause arising out of such strike and for which the employer cannot be held responsible. This does not break the continuity of employment of the employee for the purpose of any entitlements. PART 3: EMPLOYMENT CATEGORIES 3.1 Full-time Employment A full-time employee is a person employed by the week to work 152 hours over a four (4) week cycle with a minimum daily engagement of four (4) hours and a maximum of one (1) engagement per day. Such employee, who is ready willing and available to work in accordance with this Agreement, shall be entitled to payment at the relevant rate in accordance with Appendix A together with any other appropriate penalties specified in this Agreement. 3.2 Part-time Employment A part-time employee is a person employed by the week to work an agreed base number of hours between a minimum of 40 hours and a maximum of 144 hours over a four (4) week cycle. The minimum engagement for a part-time employee shall be three (3) consecutive hours. However, for the sole purpose of training, a part-time employee may be engaged for a minimum of two (2) consecutive hours to a maximum of three (3) occasions after they first commence employment, and 7

9 where an employee, who is classified as a Level 1 or above, moves to a higher classification. A part-time employee shall be paid the rates of pay prescribed in Appendix A on a pro-rata basis. A guaranteed minimum number of hours for each four week period will be established and any ordinary hours worked in excess of that minimum shall be voluntary and be paid for at ordinary time rates Additional Part-time Hours Notwithstanding the above provisions, a part-time employee may be offered Additional hours, and accept such additional hours on a voluntary basis. Such hours are in addition to a part-time employee s base rostered hours. The working of part-time Additional Hours is subject to the following provisions: (iii) Additional Hours are offered on a voluntary basis in addition to a part-time employee s base rostered hours, up to a maximum of 38 hours in any week. Additional hours shall be paid at the appropriate part-time ordinary hours rate of pay, inclusive of any additional loadings applicable to such hours. The working of Additional Hours operates subject to clauses: 4.1 Hours of Work 4.2 Rosters 4.3 Overtime 4.8 Meal and Rest Breaks 4.7 Multi-Shifts Meal Allowance 5.6 Superannuation 6.2 Personal leave Any other Relevant Clauses (iv) Additional Hours shall not be worked in excess of daily maximum hours or days elsewhere provided in this Agreement or in excess of an average of 36 hours per week over a four (4) week cycle, without the payment of overtime. (v) The leave provisions of this Agreement shall apply to part-time employees on a pro-rata basis. (vi) Where the number of rostered hours varies during any anniversary year (including where an employee transfers from part-time to full-time employment and vice-versa), the employee s Annual Leave entitlements shall be calculated weekly. All other entitlements shall be calculated on the average number of ordinary hours worked during the anniversary year. 8

10 (vii) In the event that a part-time employee is not able to work an agreed shift on account of injury/illness (sick leave), they are entitled to access Personal Leave in accordance with Clause 6.2 Personal Leave. (viii) An employee can withdraw an agreement to work additional hours at any time Part-time Increase of Base Hours A part-time employee who volunteers to work Additional Hours in any anniversary year of their part-time employment, can elect to increase their base hours in the subsequent anniversary year. This is subject to the following provisions: (iii) The increase in base hours for the subsequent anniversary year shall be calculated on the average number of Additional Hours worked by the part-time employee over the previous year, calculated on a weekly basis. The increase in base hours is averaged over the subsequent anniversary year on a weekly basis. The base hours shall continue to increase on a yearly basis, unless the part-time employee works only their base hours in an anniversary year. (iv) Where a part-time employee increases their base hours, those additional base hours shall be worked at a time which is suitable to the employee subject to meeting the needs of the business Conversion from Part-time employment to Full-time employment Where a part-time employee works an average of 35 hours per week, that employee can elect to convert their part-time employment to fulltime Reduction in Part-time Employee Hours Where there is a demonstrable downturn in business the Company may reduce a part-time employee s hours subject to the following procedure: (iii) A part-time employee s hours will not be reduced before a casual employee s hours. Where there is a business need to reduce hours in a particular area of a store, the Company will first reduce casual employees hours in that area. Where the Company needs to further reduce hours and this will necessitate the reduction of a part-time employee s hours, the Company will first offer to the part-time employee any alternative hours to be worked in the store, within the employee s skill and availability. In order to provide alternative hours for the part-time employee, casual employees hours in other areas of the store may be reduced. 9

11 (iv) If the Company still needs to reduce hours and this will necessitate the reduction of a part-time employee s hours, the Company will call for volunteers to reduce hours, call for volunteers to re-deploy to another store and call for volunteers to take Leave of Absence including unpaid leave. (v) 3.3 Casual Employment If the required reduction in hours has still not been met and the affected employee so invites, the Union will have discussions with the employees potentially affected and the employer to see if any agreement can be reached on a reduction in hours. (vi) A part-time employee s hours will not be reduced by more than 20% in a part-time employee s anniversary year, nor to below the minimum number of hours for a part-time employee. (vii) Where additional permanent hours become available in the store and the employee is suitable for the position where the hours have become available, then that employee will have preference to the additional hours of work ahead of other employees who have had no reduction in hours, casual employees and new part-time employees. (viii) The employee must be advised that they have the right to notify the Union of any proposed reduction in hours by the Company, pursuant to this clause. Any such reduction in hours must be with the written agreement of the affected employee and if requested by the employee, the Union. A casual employment is by the hour and casual employees shall be ready, willing and able to work for not more than 38 hours per week and for not more six (6) days, with a minimum daily engagement of three (3) hours. Where a casual employee first commences with BWS, or where an employee who is engaged at Level 1 classification moves to a higher classification, the employee may be engaged for a minimum of two (2) consecutive hours to a maximum of three (3) occasions for the sole purpose of training. Where a casual leaves early due to illness payment will be for hours worked only. Except as specifically provided elsewhere in this agreement casual employees shall receive 120% of the ordinary hourly rate for all hours worked. The loadings payable to casual employees reflects the casual nature of their employment and is paid in lieu of paid leave as specified in this Agreement. 3.4 Temporary Weekly Employment The Company may engage new, or existing employees as temporary weekly employees on either a full-time or part-time basis. A temporary weekly employee is an employee who is engaged for a specific period of not more than 52 weeks nor less than four (4) weeks for any one engagement provided that such periods of temporary weekly employment shall not run consecutively. 10

12 (iii) BWS ENTERPRISE AGREEMENT 2013 In instances of covering Annual Leave or Personal Leave reliefs, the minimum engagement shall be one (1) week. Where an employee is engaged as a temporary weekly employee in instances of Parental Leave, the employee may be engaged for a total maximum period of 104 weeks. (iv) Prior to commencement of a period of temporary weekly employment, the employee shall be advised in writing of the nature of work, the hours to be worked and the commencement and cessation dates of the temporary weekly employment. (v) It shall be voluntary for an existing employee to accept temporary fulltime or part-time employment. (vi) A temporary weekly employee shall receive all the benefits which apply to a weekly employee and shall be paid a proportionate annual leave entitlement at the time of termination. Any Personal leave accrued while engaged as a Temporary weekly employee will remain with the employee until it is used by the employee or ceases upon the termination of employment. (vii) An employee who accepts a change to temporary employment shall not be disadvantaged in respect to their terms and conditions of employment. (viii) Where temporary employment is offered and accepted by persons already in the employment of the Company those employees shall not lose any existing rights or entitlements they may have. (ix) Where an existing weekly employee carries their employment contract to a temporary weekly employment contract, such an employee shall, at the conclusion of the temporary weekly employment, revert to a position of employment which is no less advantageous to the employee to that which existed immediately prior to the temporary weekly employment. (x) Any temporary employment in the case of an employee already in employment with the Company shall be continuous for all purposes of the Agreement including length of service. 3.5 Probationary Period BWS may engage employees as full-time employees, part-time employees or casual employees. Employment during the first 6 months of service shall be probationary. If an employee has transferred from any other part of Woolworths Ltd or from within BWS to a different role within BWS, any previous service with Woolworths Ltd will count as service with BWS for all purposes of the Agreement. The Company or the employee may terminate the employee s employment during the probationary period by giving the period of notice prescribed in Clause 7.1 Termination of Employment. 11

13 3.6 Continuous Service Continuous Service shall for the purpose of annual leave accruals include all service with the Company from the date of engagement, but shall not include in any anniversary year of accrual: Unauthorised absences of one week or more; Authorised unpaid leave of absences of one week or more; Any authorised unpaid absence of one week or more due to sickness or accident. 3.7 Other Employment Employees must not, without the written consent of the employer, undertake other paid employment which will conflict with the interests of the employer, or which may impair the employee s ability to complete their normal work duties, to the full satisfaction of the employer. 3.8 Abandonment of Employment Where an employee proceeds on unauthorised leave or is absent from work for a continuous period exceeding three (3) rostered shifts, without any just cause or without the consent of the Company or without notification to the Company, it shall be taken that the employee has abandoned employment and the Company will be entitled to treat the employment as having been terminated. 3.9 Retail Traineeships The National Training Wage Agreement shall apply in respect of this Agreement and where it refers back to the Agreement that shall be read as referring back to this Agreement. However, wages for Retail Trainees will be at the Agreement wage rate applicable for the employee s age. (c) The provision in the National Training Wage Agreement in respect of overtime shall be read to mean that the hourly rate of pay for the purposes of calculation of overtime or shift penalties is the hourly rate applicable to the relevant age as prescribed in this Agreement. Upon successful completion of a Traineeship (New Apprenticeship) program, and meeting BWS performance criteria, the employee shall be offered ongoing permanent employment with BWS for at least as many hours as they spent on the job (on an average per week basis) during their Traineeship. Provided the employee is available to work their previous roster or some other agreed roster Flexibility of Work Subject to the provisions of this clause the Company may direct an employee to carry out and the employee shall perform such duties as are either within the limits of the employee s skill, competence and training. Employees may also be required to perform duties under supervision for which training is being given. 12

14 Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned to the employee. Employees shall not impose any restrictions or limitations on a reasonable review of work methods or standard work times. All reviews carried out by the Company will take into account the potential impact on Occupational Health and Safety. Where possible this will be done in consultation with the workforce. PART 4: HOURS OF WORK AND RELATED MATTERS 4.1 Hours of Work Ordinary hours may be rostered on any day at any time Monday to Sunday. The spread of hours is as follows: (c) (d) Monday to Friday : 6.00 a.m p.m. Saturday : 7.00 a.m p.m. Sunday : 8.00 a.m p.m. For weekly employees, ordinary hours worked outside the above spread of hours Monday to Saturday 130% of the ordinary hourly rate shall be payable. Casuals will be paid at the rate of 150% of the ordinary hourly rate. For weekly employees, ordinary hours worked on Sunday 150% of the ordinary rate shall be payable. Casuals will be paid at the rate of 170% of the ordinary hourly rate. For weekly employees, all hours worked outside the above spread of hours on a Sunday, 200% of the ordinary hourly rate shall be payable. Casual employees shall be paid 220% of the ordinary hourly rate for all hours worked on a Sunday outside the spread of hours. 4.2 Rosters An employee may be rostered to work up to a maximum of nine ordinary hours on any day (excluding meal breaks) provided: (iii) An employee may be rostered up to a maximum of eleven ordinary hours on not more than one day in a week or three days in a fortnight. The above daily maximums shall be exclusive of unpaid meal breaks. Notwithstanding subclause a subject to the operational needs of the business an employee may work up to eleven hours in ordinary time on more than one day per week or three per fortnight provided the employee requests in writing the additional long days. A part-time employee shall be rostered to work his or her ordinary hours on no more than twenty days in any 28-day roster cycle. 13

15 (c) (d) (e) (f) (g) (h) (j) (k) (l) (m) All rosters for full-time employees shall provide 152 ordinary hours on not more than 19 working days in any four (4) week cycle, unless specific written agreement exists for work on 20 days, between the employee and the company. New full-time employees will be offered two rosters; one roster with an RDO and another without an RDO, with the employee to choose their preferred roster. A 19 day roster which is offered as an alternative to a 20 day roster to an existing or new employee should not be unnecessarily different to the 20 day roster. Any full-time employee working a roster without an RDO can, at their election at any time, convert to an RDO roster with one (1) month s notice to the Company. The rostered hours of weekly employees shall be worked on not more than five (5) days in each week, provided that rostered hours may be worked on six (6) days in one week if in the following week rostered hours are worked on not more than four (4) days. Full-time and part-time employees shall be rostered in such a way that they shall receive at least two (2) consecutive days off per week or three (3) per fortnight. At least once in every two (2) weeks an employee shall be granted two (2) consecutive days off, which shall be a Fri/Sat, Sat/Sun or Sun/Mon, unless mutually agreed otherwise. Employees may be asked to work a maximum of three (3) Sundays in four (4). However, an employee may elect to work every Sunday and by mutual agreement may do so provided that all other rostering provisions continue to apply. Where an employee works three (3) Sundays they shall receive a three (3) day break including Saturday and Sunday unless otherwise agreed. There shall be not less than a 10 hours break between finishing work (including overtime) on one day and the commencement of work on the next day. If on the instructions of the Company the employee resumes or continues to work without having a 10 hour break, the employee shall be paid at the appropriate overtime rate until released from duty for such 10 hour break, and the employee shall then be entitled to be absent until the employee has had a 10 hour break, without the loss of pay for ordinary working time occurring during such absence. This clause shall not apply to the break between additional shifts worked in accordance with Clause 4.7. No employee shall be rostered to work more than six (6) consecutive days. Full-time employees, and part-time employees who work 20 starts in a Cycle, may request, with the provision of 14-days notice, at least one (1) Saturday/Sunday off every four (4) weeks. Such requests will not be unreasonably refused where the notification period stipulated is provided by the employee. 14

16 (n) (o) (p) (q) (r) The setting and changing of rosters (excluding casuals); rosters and starting and finishing times shall be set over the roster cycle and can be changed: (iii) By fourteen days written notice; In the case of unforeseen circumstances by 24 hours notice; or At shorter notice by mutual consent; (iv) The Company will at times need to make roster changes. The Company will be mindful of the employee s needs, including family responsibilities, secondary and tertiary study commitments, religious observance, genuine existing sporting commitments in which the employee is actively participating, and have scheduled attendance times of a competitive nature and safe transport home, when contemplating such roster changes. An employee s roster may not be continually changed at the end of each cycle or 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. Hours of work shall be continuous except for meal breaks. Weekly employees shall be notified in writing of their weekly and daily working hours. Employees may swap rostered shifts with other employees in the same store provided: (iii) The shifts are of the exact same length; and It is by mutual written agreement between the employees concerned; and Management have approved in writing the swap of shifts before they occur. (iv) The employees concerned will be paid for the actual time worked including any penalties and allowances applicable. A copy of the rosters shall be placed in a prominent position on the BWS premise. 4.3 Overtime Entitlements BWS may require an employee to work reasonable overtime at appropriate overtime rates other than on a public holiday. All employees shall be entitled to the payment of authorised overtime when: (iii) Weekly employees are required to work before the commencement time or after the finish time of their rostered shift. A full-time employee works in excess of 152 hours in any four (4) week cycle. A part-time employee works in excess of 144 hours in any four (4) week cycle or 38 hours in any one (1) week. 15

17 (c) (iv) A weekly employee works in excess of five days in any week (or six days in accordance with Clause 4.2(g). (v) A part-time employee works in excess of twenty days in any four (4) week cycle. (vi) A full-time employee works in excess of twenty days per four (4) week cycle or nineteen days for full-time employees working a nineteen day four (4) week cycle. (vii) Working outside the span of hours prescribed in Clause 4.1 unless rostered to work ordinary hours. (viii) A weekly employee works in excess of the ordinary hours specified in clause 4.1 (ix) A full-time or part-time employee is working a non-rostered shift. Overtime shall be paid at the following rates: Work Day(s) Times Rate Monday to Saturday First Two (2) Hours of Overtime 150% Monday to Saturday After First Two (2) Hours of Overtime 200% Sunday All Overtime 200% ** Each day will stand alone Overtime will be treated on a daily basis and will be non-cumulative. (d) When requesting reasonable overtime of an employee, the Company will have regards to any risk to employee health and safety and family responsibilities. 4.4 Call Outs Where an employee is required to attend the store after normal trading hours due to an alarm call-out, the employee shall be paid the applicable overtime rate with a minimum payment of three (3) hours. Payment for time worked will be calculated from the time the employee leaves their usual place of residence until the time they return home. Travel costs incurred shall be paid for in accordance with Clause Transport Reimbursement for After Hours Overtime Where an employee is asked by the Company to work overtime and that overtime goes beyond their normal finishing time and falls between 10pm and 7am and there is no regular means of transport available, then the Company will reimburse the employee for the cost of a taxi fare from their place of employment to the employee s usual place of residence. This will not apply if the Company provides or arranges proper transportation to the employee s usual place of residence at no cost to the employee. Provided always that an employee may elect to provide their own transport at no cost to the Company. 16

18 4.6 Make Up Time Full-time and part-time employees who are unable to work a part of their ordinary rostered hours due to some unforeseen pressing family matter, may elect, with the mutual agreement of the Liquor Manager to make up the number of hours lost, at some arranged time convenient to the Company, within the next 28 days. 4.7 Multi-Shifts A part-time or casual employee may be engaged, on a voluntary basis, on an additional shift each day provided: (iii) There are no more than two (2) engagements on anyone day; A minimum of three (3) hours work shall apply for the original rostered shift and a minimum of three (3) hours for the additional shift; There shall be a minimum break of two (2) hours between shifts (iv) The maximum hours of work prescribed in this Agreement shall apply (v) Where a second engagement occurs on any one day, a 10 hour break shall be observed between the cessation of work on that second shift and the commencement of the next shift. (vi) The first shift and the additional shift will count as one start for the purposes of other rostering provisions. (vii) The employee may revoke such agreement with one week s written notice. 4.8 Meal and Rest Breaks No employee shall work for more than five (5) hours continuously without an unpaid meal break. An employee may choose to work up to six (6) hours continuously without a meal break. (c) (d) (e) Any meal break shall be 30 minutes however an employee may elect to have a meal break between minutes. Employees who work for four (4) hours or more shall be entitled to a paid rest break of fifteen (15) minutes and employees who work seven hours or more will be entitled to a second paid rest break of fifteen (15) minutes. The period of the break shall be inclusive of reasonable walking time. The taking of a rest break shall be at a mutually agreed time. If the work period includes a meal break and a rest break the tea break is to be granted in that portion of the work period which is greater. Unless requested by the employee no rest break or meal break shall be given or taken within one and a half hours (1.5) of the employee s commencing time or within one hour of an employee s ceasing time or within one hour (1) before or after any meal. By mutual agreement, an employee may forego a second rest break for an earlier cessation of work. 17

19 (f) Where an employee is working alone on a shift and makes an election which is agreed to by the Liquor Manager, they will maintain customer service during the rest break and meal break. Such breaks shall be paid for and counted as time worked. 4.9 Drink and Comfort Breaks Employees will be allowed to have a toilet break or may get a drink of water, irrespective of an entitlement to a rest period, subject to it not impacting on customer service. Employees working in BWS sites may keep bottled water with them, provided that:- (iii) Water bottles are plastic and have screw tops or pop up tops; Drinks are taken discreetly and in between serving customers; and Water bottles are hygienic and are removed at the end of an employee s shift 4.10 Multi-Work Sites At the commencement of employment, employees may be engaged to work complete shifts at more than one work site without a travel allowance having to be paid. Such work sites will be nominated at the time of the employee commences employment. (c) (d) (e) Existing employees may also voluntarily agree to work across multiple work sites. In such cases, the agreed additional work sites will be recorded on their employment records. Employees may be rostered to work temporarily at a different nominated work site for a complete shift. A travelling time reimbursement is payable in accordance with Clause 4.11 and a travelling allowance is payable in accordance with Clause 5.4 if travel to the alternative site creates additional costs to the employee. Any employee required to work at an alternative work site in an emergency situation shall have such travelling time counted as paid ordinary time and the provisions of Clause 5.4 shall apply. Transfers between stores for an employee shall be voluntary Travelling Time Reimbursement Where an employee is asked by the Company to work at a place away from their usual placement of employment, all time reasonably spent in reaching and returning from such place (in excess of the time normally spent travelling to their home store and returning) will be a paid travelling time and also any fares reasonably incurred in excess if those normally incurred in travelling between their usual residence and home store. Travelling time will be paid at the employee s ordinary time rate except on Sundays and Public Holidays which will be paid at the rate of time and half. 18

20 4.12 Staff Meetings All staff meetings shall be paid and on not more than six (6) occasions per calendar year employees may be required to attend such staff meetings. These meetings will be paid at the rate applicable in the Agreement with a minimum payment of one (1) hour Safe Escort In stores where three or more staff are employed on a shift and where safety concerns exist and an employee requests, the Company shall provide, after sunset, a safe escort for an employee to their car or other mode of transport Workplace Health and Safety It is recognised that safety is a prime responsibility of every employee and the Company. (c) (d) (e) (f) (g) The Company recognises an obligation to provide a safe working environment, to provide the necessary (adequate) safety equipment, to provide training for employees in safe operating procedures and to establish and enforce safety guidelines at all times. If the Company proposes any renovations or major changes to equipment, substances or work practices in any section/department of a store that could reasonably be expected to affect the health and safety of employees, the Company will notify and consult with Occupational Health and Safety Representatives, employees affected and the Union. The Company and the Union are committed to enabling all employees to receive appropriate OH&S training. Occupational Health and Safety representatives will be given paid leave to attend appropriate OH&S training courses as stipulated in the relevant legislation. The Company is committed to their process for the occupational rehabilitation of employees affected by occupation injury and/or illness which aims to return these employees to their pre-injury duties. The Company undertakes to consult with the employees and if the employee so chooses their union representative, in regards to the employee s rehabilitation program. The Union and the Company agree that health and safety in the workplace is an issue of importance which should be dealt with on a non-protagonist basis in order to fulfil the requirements of the applicable State or Federal Workplace Health and Safety Act, and all other applicable legislation. Training of store appointed first aid attendants will be paid by the Company and shall be done in rostered work time. 19

21 PART 5: WAGES, BENEFITS AND OTHER CONDITIONS 5.1 Payment of Wages (iii) Wages and overtime for the week Monday to Sunday will be paid on the same day of each week. Payment will be made by Electronic Funds Transfer (EFT). In the case of full-time employees the wage paid will be calculated as an average of the ordinary hours for the four (4) week cycle. Where employment is terminated an employee shall be paid all ordinary wages and all overtime and other monies due by E.F.T. no later than on the next pay day or within seven (7) days of the date of the termination of employment. The Company shall pay wages within three (3) days of the end of each pay period. 5.2 Junior Wage Rates Junior employees shall receive the following percentages of the appropriate adult rate of pay prescribed in Appendix A: Age Percentage At 18 years of age 70% At 19 years of age 80% At 20 years of age 100% 5.3 Classifications Levels Level 1 Sales Assistant (100%) The duties of a Sales Assistant will include, but are not limited to: Selling; Customer Service Manual Handling Cash Handling Merchandising Level 2 Senior Sales Assistant (105%) The duties of a Senior Sales Assistant will include, but are not limited to: Selling; Customer Service Manual Handling Cash Handling 20

22 Merchandising Resolving Customer Queries Administration Staff Training Allocation of Work to Level 1 staff Appointment to the Level 2 Classification will be at the discretion of the Company Transitioned Retail Employee Grade 2 WOW Liquor Employees This subclause applies to employees who, immediately before the commencement of the operations of this Agreement, were covered by the Woolworths Liquor Agreement 2012 and classified as a Retail Employee Grade 2. Employees to whom this subclause applies will be classified as a Level 1 Sales Assistant under this Agreement Transitioned Retail Employee Grade 3 WOW Liquor Employees 5.4 Allowances This subclause applies to employees who, immediately before the commencement of the operations of this Agreement, were covered by the Woolworths Liquor Agreement 2012 and who were classified as a Retail Employee Grade 3 or above. Employees to whom this subclause applies will be classified as a Level 2 Senior Sales Assistant under this Agreement. Employees who, immediately before the commencement of this Agreement, were covered by the Woolworths Liquor Agreement 2012 and were classified as a: Retail Employee Grade 3 and above in all States and Territories; or Retail Employee Grade 3 in Victoria are entitled to the rate of pay in accordance with Schedule A Meal Allowance An employee required to work more than one hour of overtime after their rostered time of ending work, where the employee was not given notice on the previous day of such overtime, shall be paid a meal allowance as follows. From the first pay period to commence on or after the dates shown below: Date Agreement Takes Effect From 1/7/14 From 1/7/15 $16.24 $16.73 $

23 5.4.2 Liquor Licence Allowance An employee who is required by the Company to hold a Liquor Licence as the Licensee under a relevant State or Territory law will be paid the following weekly allowance: Date Agreement Takes Effect From 1/7/14 From 1/7/15 $27.51 $28.33 $ Travelling Allowance and Transport of Employees Where the company requests an employee use their own motor vehicle in the performance of their duties such employee will be paid the rate per kilometre contained below; or Where an employee is required to work in another work site in an emergency situation they shall be entitled to either: The cost of additional fares if public transport is used; or Any additional cost for the use of a vehicle will be calculated as follows: Date Agreement Takes Effect 85 Cents per kilometre From 1/7/14 From 1/7/15 88 Cents per kilometre 91 Cents per kilometre First Aid Allowance Where an employee who holds an appropriate and valid First Aid Qualification, and is appointed by the Company to perform First Aid duties, the employee shall be paid an allowance per hour, for every hour worked as follows: Date Agreement Takes Effect From 1/7/14 From 1/7/15 Per Hour $0.32 $0.33 $ Cold Work Disability Allowance This allowance is only applicable to former Woolworths Liquor department sites now trading as BWS. Victoria Employees principally employed on any day to enter cold chambers and/or stock and refill refrigerated storage such as dairy cases or freezer cabinets shall be paid 23 cents per hour or part thereof whilst so employed. 22

24 BWS ENTERPRISE AGREEMENT 2013 Provided that an employee required to work in a cold chamber, where the temperature is below 0 degrees Celsius, shall be paid in addition to the rate prescribed in paragraph above 34 cents per hour. An aggregate of 20 minutes in the hour shall be regarded as one hours work. South Australia Employees principally employed on any day to enter cold chambers and/or to stock and refill refrigerated storages such as dairy cases or freezer cabinets shall be paid the following allowance per hour or part thereof whilst so employed; and 1 July July July 2015 Per Hour $0.31 $0.32 $0.33 An employee required to work in a cold chamber where the temperature is less than 0 c shall be paid the following allowance per hour. (An aggregate of 20 minutes in the hour shall be regarded as one hour s work): 1 July July July 2015 Per Hour $0.59 $0.60 $ Reimbursement of Transferring Employee s Costs Where, at the instigation of the Company, an employee is transferred from one store in a primary locality to another store in a secondary locality where excessive normal travel requires the employee to relocate, the employer will be responsible for, and will pay the removalist expenses for household goods, including fares and transport charges for the employee and the employee s immediate family or members of the employee s household who reside with the employee at the time of transfer. 5.6 Superannuation Superannuation will be provided by the Company to eligible employees through:- (iii) Retail Employees Superannuation Trust (REST) and the Company will participate in REST in accordance with the trust deed and rules governing REST from time to time ( REST Trust Deed ); or REST and Woolworths Group Superannuation Plan ( Woolworths Super ) a Sub Plan (No ) of the AMP Superannuation Savings Trust but only where an existing employee (as at 1 April 1997) was a member of both these funds as at that date (in accordance with REST Trust Deed and the Plan rules governing Woolworths Super from time to time); or Tasplan for employees employed in Tasmania. There will be no new entrants to Woolworths Super after 1 April

25 For the purpose of this clause an eligible employee is one who: earns $450 or more in ordinary time earnings in any month; in the case of an employee aged below 18 years, works at least 30 hours per week. Ordinary Time Earnings shall be defined as that set out by the Australian Taxation Office s recent draft ruling on Ordinary Time Earnings. (c) (d) It is the intention of the parties to this Agreement that the provision of superannuation benefits for eligible employees who are covered by this enterprise agreement will be through the three funds only, outlined in Clause 5.6 and this Agreement overrides the requirements to provide employees with a choice of superannuation funds under the Superannuation Guarantee legislation. Subject to the above, where an employee is only a member of REST (or Tasplan in Tasmania), the Company will contribute to REST (or Tasplan) on behalf of each eligible employee the contributions listed below, based on the employee s ordinary time earnings or such other percentage consistent with the Superannuation Guarantee legislation. Date From the First Full Pay Period Occurring on or after 1 July 2013 From the First Full Pay Period Occurring on or after 1 July 2014 From the First Full Pay Period Occurring on or after 1 July 2015 Employer Contribution 9.25% 9.50% 10% Such contributions to REST (or Tasplan) shall be made on a monthly basis. (e) (f) (g) Where the employee is a member of both REST (or Tasplan in Tasmania) and Woolworths Super, the Company will maintain its current contribution to REST (or Tasplan) of 3% of ordinary time earnings with the balance of the contributions required to ensure the Company meets its superannuation guarantee obligations and its obligations under the Woolworths Super Trust Deed being made into Woolworths Super. The Company shall provide each eligible employee upon commencement of employment with the appropriate membership application form(s) for REST (or Tasplan for Tasmania). In respect of additional contributions to REST, Tasplan or Woolworths Super: An eligible employee may make personal contributions to REST, Tasplan or WoolworthsSuper in addition to those made by the Company. An employee who wishes to make such additional contributions must do so in writing. 24