Summary of General Retail Industry Award 2010

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1 Summary of General Retail Industry Award 2010 Published: 7 July 2015 Supercedes rates published 24 June 2015 Operative date: first full pay period This summary of the award is current from 1 July 2015, and is provided for convenience of reference only. It is not an official document and is not intended to take the place of the award or other legislation. This summary is believed to be accurate but the ANF and its agents give no warranty of accuracy or liability for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon. This summary is also based on our interpretation of the provisions of the Fair Work Act 2009, and we cannot warrant that this interpretation will ultimately be determined to be correct. This summary should be read in conjunction with any agreement that has been approved by the relevant government authority that is in force in the workplace. There are different relationships between awards and agreements depending on when the agreement was made please contact your State Manager if you have any queries. The National Employment Standards and the provisions of the award take legal precedence over any other arrangements in the workplace, including individual informal agreements with employees, except where those agreements are made in accordance with the award flexibility provisions. The terms and conditions contained in this document apply to all private sector employers except sole traders and partnerships in Western Australia. The General Retail Industry Award 2010 covers a wide range of employees, including shop employees and delivery drivers employed by retail outlets. Employers are obliged to ensure that employees have access to a copy of the award and the National Employment Standards either on a noticeboard at the workplace or through electronic means.

2 Section 1 - Wage rates Wage rates for adults (21 years & older) whose shift commences after 5am Adult Full time & part time Ordinary hourly rate Mon-Fri Work after 6pm Mon-Fri Saturday 5am to 6pm Sunday 5am to 6pm Public holidays Level Level Level Level Level Level Level Level Adult Casual Casual rate Mon to Fri Saturday 5am to 6pm Sunday 5am to 6pm Public holidays Level Level Level Level Level Level Level Level Note that extracts from the classification descriptions in the award can be found in Section 3 of this summary of the General Retail Industry Award In some States, public holidays such as Good Friday and Christmas Day were paid at a special rate under the old State awards. These days are no longer paid at a different rate. Instead, all public holidays are paid at the same rate. Section 1 Wage rates General Retail Industry Award 2010 summary only 2

3 Wage rates for Level 1 juniors (under 21 years old) whose shift commences after 5am Level 1 Junior e.g. shop assistant Ordinary hourly rate Mon-Fri Work after 6pm Mon- Fri Saturday 5am to 6pm Sunday 5am to 6pm Public holidays Full time & part time Under years years years years years, employed by the employer for less than 6 months years, employed by the employer for more than 6 months Level 1 Junior e.g. shop assistant Saturday 5am to 6pm Sunday 5am to 6pm Casual Casual rate Mon to Fri Public holidays Under years years years years years, employed by the employer for less than 6 months years, employed by the employer for more than 6 months Note that 20 year old employees are paid one of two rates depending on how long they have worked for the employer. Employees who are 20 years old and who have worked for the employer for less than or equal to 6 months are paid a lower rate than 20 year old employees who have worked for the employer for more than 6 months. Section 1 Wage rates General Retail Industry Award 2010 summary only 3

4 Wage rates for Level 3 juniors (under 21 years old) whose shift commences after 5am (Level 3 is appropriate for any junior who opens or closes premises and is responsible for associated security) Level 3 junior Full time & part time Ordinary hourly rate Mon-Fri Work after 6pm Mon-Fri Saturday 5am to 6pm Sunday 5am to 6pm Public holidays Under years years years years years employed 6 months or less years employed more than 6 months Level 3 junior Casual Casual rate Mon to Fri Saturday 5am to 6pm Sunday 5am to 6pm Public holidays Under years years years years years employed 6 months or less years employed more than 6 months Note that 20 year old employees are paid one of two rates depending on how long they have worked for the employer. Employees who are 20 years old and who have worked for the employer for less than or equal to 6 months are paid a lower rate than 20 year old employees who have worked for the employer for more than 6 months. Section 1 Wage rates General Retail Industry Award 2010 summary only 4

5 Wage rates for adults (21 years or older) who commence work before 5am drivers & retail workers Adult Shiftwork rate Shiftwork rate Shiftwork rate Shiftwork rate Full time & part time Mon-Fri Saturday Sunday public holidays Level 1 (drivers) Level Level Level Level Level Level Level Adult Casual Casual rate Mon to Fri Saturday 5am to 6pm Sunday 5am to 6pm Public holidays Level 1 (drivers) Level Level Level Level Level Level Level Points to note about rates of pay for drivers: Drivers who use their own vehicles are entitled to an allowance of 78 cents per kilometre travelled Employees who start work before 5am are entitled to the shift work rate for all hours worked, not just the hours worked before 5am Section 1 Wage rates General Retail Industry Award 2010 summary only 5

6 Wage rates for juniors (under 21 years old) who commence work before 5am drivers & retail workers Level 1 Junior e.g. driver, retail worker Shiftwork rate Shiftwork rate Shiftwork rate Shiftwork rate Full time & part time Mon-Fri Saturday Sunday public holidays Under years years years years years employed 6 months or less years employed more than 6 months Level 1 Junior e.g. driver, retail worker Casual rate Saturday 5am Sunday 5am to Casual Mon to Fri to 6pm 6pm Public holidays Under years years years years years employed 6 months or less years employed more than 6 months One of an employer s safety obligations to employees is to provide safe systems of work and suitable supervision. If you have very young employees working for you, a closer level of supervision and a more robust system of work would be required than for older employees. If you have employees under 18 years old who deliver newspapers for you, you may need to be able to demonstrate what extra precautions you take to keep those employees safe. Note that 20 year old employees are paid one of two rates depending on how long they have worked for the employer. Employees who are 20 years old and who have worked for the employer for less than or equal to 6 months are paid a lower rate than 20 year old employees who have worked for the employer for more than 6 months. Points to note about rates of pay for drivers: Drivers who use their own vehicles are entitled to an allowance of 78 cents per kilometre travelled Employees who start work before 5am are entitled to the shiftwork rate for all hours worked, not just the hours worked before 5am Section 1 Wage rates General Retail Industry Award 2010 summary only 6

7 Section 2 - Key award provisions Award Flexibility Employers and individual employees may make an Individual Flexibility Arrangement (IFA) about: arrangements for when work is performed allowances overtime rates leave loading penalty rates The employee must be demonstrably better off under the IFA than under the award. This would involve comparing all award entitlements to the proposed rate of pay. Some employers use this method to pay a flat rate to employees regardless of the day of the week / time of day they work. It can also be used where an employee is paid a salary. If you are considering implementing an IFA please contact your State Manager. Consultation If employers decide to make a major workplace change that will significantly affect employees, employers must consult all employees and discuss the proposed changes. Information must also be supplied in writing. Contact your State Manager for further information. Types of employment Employees can be engaged as full time, part time or casual employees. Full time employees: Work an average of 38 hours per week or 152 hours over a four week period. Employees cannot be transferred to parttime employment without written consent. If employees request part-time work, employees can be reinstated to full-time employment at a future date, by written agreement with the employer. Part time employees: Have a regular pattern of work, averaging less than 38 hours per week. Minimum daily engagement is 3 hours Must have the following agreed in writing: Hours worked each day Days of week to be worked Starting and finishing times each day Any change to hours must be agreed in writing Any time worked in excess of the agreed documented hours must be paid at overtime rates Casual employees: Any employee who is not part time as above, or full time, is casual Minimum daily engagement is 3 hours Notice of termination of employment Service Notice < 1 year 1 week 1-3 years 2 weeks 3-5 years 3 weeks > 5 years 4 weeks If the employee has at least 2 years service and is over 45 years old, an extra week is due if notice is given by the employer If an employee fails to give the correct notice, the employer can withhold the notice period from the employee s final pay. Allowances If an employee is required to: use their own motor vehicle for work 78c/km (includes drivers) work more than one hour of overtime after ordinary hours without notice, a meal allowance is payable - $17.34 launder uniform - $6.25 per week for a full time employee, $1.25 per shift for part time and casual employees act as a first aid officer - $9.95 per week Please consult the Award for a full list of allowances. Section 2 Key award provisions General Retail Industry Award 2010 summary only 7

8 Superannuation Employees are usually entitled to choose a superannuation fund of their choice. If they fail to make a choice, the award lists the default funds into which the employer must pay superannuation. From 1 July 2014 superannuation is 9.5% or ordinary time earnings. Hours of work Ordinary hours can be worked within the following spread of hours: Monday to Friday Saturday & Sunday 5am to 9pm 5am to 6pm Hours worked must be continuous except for rest and meal breaks, i.e. no broken shifts. Employees can be rostered up to a maximum of 9 ordinary hours in one day, except once a week when they can be rostered on for 11 ordinary hours. Employees cannot work more than five days per week, except in the case where employees work six days one week and work no more than four days the following week (a 6/4 roster). Full-time employees must have two consecutive days off each week or three consecutive days off in a two-week period. Employees can change this if they agree in writing; however, employees cannot work more than six consecutive days. If employees regularly work Sundays, employees must have a three-day break in a four-week period which will include Saturday and Sunday, unless the employee requests in writing and the employer agrees to other arrangements. If employees work in a retail establishment which regularly employs 15 or more employees per week, employees are entitled to a rostered day off (RDO) in each four-week cycle, unless specific agreement exists to the contrary between an employer and employee. Such accumulated periods may be taken at times mutually convenient to the employer and the employee. A roster period cannot be greater than four weeks. Overtime and penalties Employees can be required to work reasonable overtime, which is any time worked in excess of the employee s normal hours, or outside the spread of hours. Time worked by part time employees in excess of the hours agreed in writing is at overtime rates. Overtime is paid at time and a half for the first three hours and double time thereafter, calculated on a daily basis. You may agree with an employee to provide time off instead of payment for overtime. Time off is at the overtime penalty, i.e. one hour of overtime equals one and a half or two hours off work on ordinary time rates of pay. When working ordinary hours: Evenings Monday to Friday 25% for full time and part time employees Saturday for full time and part time employees 25% extra Saturday for casual employees 25% casual loading plus 10% Saturday loading Sunday for all employees is double time, that is, double the ordinary rate of pay for a full time employee Public holidays 250% for full time and part time employees, 275% for casuals Shift work Any shift starting at or after 6pm on one day and before 5am the following day attracts shift penalties. This includes newspaper delivery drivers who start work before 5am. Shift work Monday to Friday 130% or 155% for casuals Shift work on a Saturday 150% or 175% for casuals Shift work on a Sunday 200% or 225% for casuals Shift work on a public holiday see above Please see page 6 for information on Award Flexibility if you wish to pay a salary or a flat hourly rate. Section 2 Key award provisions General Retail Industry Award 2010 summary only 8

9 Breaks Hours Worked Rest Break - paid Meal Break - unpaid Work less than 4 hours No rest break No meal break Work 4 hours or more but less than 5 One 10 minute rest break No meal break hours Work 5 hours or more but less than 7 hours One 10 minute rest break One meal break of at least 30 minutes but not more than 60 minutes Work 7 hours or more but less than 10 hours Work 10 hours or more Two 10 minute rest breaks, with one taken in the first half of the work hours and the second taken in the second half of the work hours. Two 10 minute rest breaks, with one taken in the first half of the work hours and the second taken in the second half of the work hours. No employee can work more than 5 hours without a meal break. One meal break of at least 30 minutes but not more than 60 minutes Two meal breaks each of at least 30 minutes but not more than 60 minutes Annual leave Four weeks of annual leave for a full time employee, pro rata for a part time employee. Casual employees don t get annual leave. Leave loading of 17.5% is payable during a period of annual leave. Personal/carer s leave Ten days of personal/carer s leave for a full time employee, pro rata for a part time employee. Casual employees don t get paid personal/carer s leave, but are entitled to take some unpaid personal/carer s leave. Employers may require that employees comply with reasonable notification and certification requirements, even for unpaid personal/carer s leave. The employer s policy on notification of absence and substantiation of personal/carer s leave should be clearly communicated to employees. Compassionate leave Two days of paid leave per occasion for full time or part time employees who need to be absent because a member of their immediate family or household is has a life threatening illness or injury, or dies. This leave is not taken out of the personal/carer s leave accrual, it is extra. There is no cap on the number of occasions an employee can take compassionate leave. Casual employees may take unpaid compassionate leave. Immediate family means spouse or de facto partner, child, parent, grandparent, grandchild or sibling of the employee, or of the employee s spouse or de facto partner. Public holidays As gazetted in each State and Territory. Employers and employees may agree to substitute another day for the public holiday. Employees may agree to work on a public holiday if the request to work is reasonable. Community Service leave Employees are entitled to be absent if they are called to jury service (and are entitled to some payments, talk to your State Manager about this) or if they are a member of a voluntary emergency services organisation such as a volunteer fire service or the State Emergency Service (unpaid leave). This document is a summary only of the key provisions of the award please make sure you consult the Award and/or talk to your State Manager if you are unsure about award provisions or the National Employment Standards. Further information can be found at Section 2 Key award provisions General Retail Industry Award 2010 summary only 9

10 Section 3 - Classifications These classification descriptions have been extracted from the award. For a full description of classifications, please consult the award. Retail Employee Level 1 Shop Assistant, Clerical Assistant, Check-out Operator, Store Worker, Driver, LPO Clerical work within the scope of this level includes: reception/switchboard, e.g. directing telephone callers to appropriate staff, issuing and receiving standard forms, relaying internal information and initial greeting of visitors; maintenance of basic records; filing, collating, photocopying, handling or distributing mail including messenger service; recording, matching, checking and batching of accounts, invoices, orders, store requisitions etc, the operation of keyboard and other allied equipment in order to achieve competency as prescribed in Level 2. Retail Employee Level 2 An employee performing work at a retail establishment at a higher skill level than a Retail Employee Level 1. Indicative of the tasks which might be required at this level are the following: Forklift Operator Ride on Equipment Operator Retail Employee Level 3 Supervisory assistance to a designated section manager or team leader Opening and closing of premises and associated security Security of cash Indicative job titles which are usually within the definition of a Retail Employee 3 include: 2IC to Department Manager, Senior Salesperson, Senior LPO, including an armed LPO, LPO Supervisor, Designated second-in-charge of a section (i.e. senior sales assistant), Designated second-in-charge to a service supervisor, or Person employed alone, with responsibilities for the security and general running of a shop. Section 3 Classifications General Retail Industry Award 2010 summary only 10

11 Retail Employee Level 4 Indicative of the tasks which might be required at this level are the following: Management of a defined section/department, Supervision of up to 4 sales staff (including self), Stock control, Buying/ordering requiring the exercise of discretion as to price, quantity, quality etc., Clerical Officer Level 2. Indicative job titles which are usually within the definition of a Retail Employee 4 include: An Assistant, Deputy, or 2IC Shop Manager of a shop without Departments, An employee who has completed an appropriate trades course or holds an appropriate Certificate III and is required to use their qualifications in the course of their work, Section/Department manager with up to 2 employees (including self), Clerical Officer Level 2 Indicative typical duties and skills at this level may include: Reception/switchboard duties as in Level 1 and in addition responding to enquiries as appropriate, consistent with the acquired knowledge of the organisation s operations and services, and/or where presentation and use of interpersonal skills are a key aspect of the position. Maintenance of accounts records and/or journals including initial processing and recording relating to the following: reconciliation of accounts to balance; incoming/outgoing cheques; invoices; debit/credit items; payroll data; petty cash system; letters etc. Retail Employee Level 5 Tradesperson in charge of other tradespersons in a shop or department Service Supervisor (more than 15 employees) Retail Employee Level 6 Section / Department manager with 5 or more employees (including self) Manager / Duty Manager in a shop without Departments / Sections, may be under direction of person not exclusively involved in shop management Assistant or Deputy or 2IC Shop Manager of a shop with Departments/Sections Clerical Officer Level 3 Accounts work such as prepare cash payment summaries, calculate / maintain wage & salary records, post journals to ledger, follow credit referral procedures Section 3 Classifications General Retail Industry Award 2010 summary only 11

12 Retail Employee Level 7 Visual Merchandiser (Diploma level) Clerical Officer Level 4 Secretarial / Executive support services, maintain executive diary, attend executive meetings Retail Employee Level 8 Diploma qualification Shop Manager of a shop with Departments/Sections Clerical Officer Level 5 Section 3 Classifications General Retail Industry Award 2010 summary only 12