Wages 13 See comparison tables. In respect of absorbing monetary provisions into Guaranteed minimum earnings, the Award does not contain an annualised salary provision. Meal allowance 13.23 Meal Allowance Worse-off: An employee required to work more than 1 hour of overtime after the employee s ordinary time of ending work, without being given 24 hours notice, will be either provided with a meal or paid a meal allowance of $18.29. Where such overtime work exceeds 4 hours a further meal allowance of $16.57 will be paid. The meal allowance is an expense related allowances that is adjusted annually by CPI. Absorbed into guaranteed earnings and commission (therefore, not paid on 1 st hour of overtime); Silent on entitlement when unplanned overtime in excess of 4 hours is worked; and, Silent on annual CPI adjustment. Uniforms 13.23 Laundry Allowance On balance, better-off. Other considerations: Where the employer requires an employee to wear a uniform then the employer will reimburse the employee for any cost of purchasing such clothing and the cost of replacement items, when replacement is due to normal wear and tear. $440 paid at commencement of employment should cover the actual cost of a required Uniform, otherwise employees will be worse-off; $6.25 per week for a full-time employee to launder their Uniform absorbed into guaranteed earnings and commission; The prorated allowance for a part-time or casual employee to launder Page 1 of 19
Where an employee is required to launder any special uniform, dress or other clothing, the employee will be paid $6.25 per week (full time employee) or $1.25 per shift (part-time or casual employee). The special clothing allowance is an expense related allowances that is adjusted annually by CPI. their Uniform must be equivalent to at least $1.25 per shift, otherwise employees will be worse-off on the Agreement; and, Silent on annual CPI adjustment. Short term transfer 10.11 Appears to be worse-off: Where an employee is required to move temporarily from one store to another for a period not exceeding three weeks, all additional transport costs so incurred will be reimbursed by the employer. 200% rates characterised as a payment to work in a different store in addition to rostered hours is the applicable minimum penalty rate for overtime in excess of 2 hours per shift; and Employees travelling to work in a different store for periods in excess of 3 weeks would be worse-off on the Agreement. Travelling time reimbursement 13.20 Worse-off: An employee who on any day is required to work at a place away from their usual place of employment, for all time reasonably spent in reaching and returning from such place (in excess of the time normally spent in travelling from their home to their usual place of employment and returning), will be paid travelling time Neither travelling time nor fares are explicitly reimbursed in this Agreement; and, Clause explains reasonable expenses but does not provide that they will be reimbursed. Page 2 of 19
and also any fares reasonably incurred in excess of those normally incurred in travelling between their home and their usual place of employment. Transport allowance 13.20 On balance, the same: Where an employer requests an employee to use their own motor vehicle in the performance of their duties such employee will be paid an allowance of $0.78 per kilometre. The vehicle allowance is an expense related allowances that is adjusted annually by CPI. An allowance of $0.78 per kilometre is payable to use your own vehicle for travel ; however, this does not mean the same thing as to use their own motor vehicle in the performance of their duties ; and, Silent on annual CPI adjustment. Recall allowance Unless otherwise agreed an employee recalled to work for any reason, before or after completing their normal roster or on a day on which they did not work, will be paid at the appropriate rate for all hours worked with a minimum of three hours on each occasion. The time worked will be calculated from the time the employee leaves home until the time they return home. Missing Missing: Employees recalled to work may not be paid at the applicable rate for a minimum of 3 hours on each occasion and time worked may not be calculated from the time the employee leaves up to the time they return home. Page 3 of 19
Higher duties Employees engaged for more than two hours during one day or shift on duties carrying a higher rate than their ordinary classification are to be paid the higher rate for such day or shift. If engaged for two hours or less during one day or shift, the employee is to be paid the higher rate for the time worked only. 13.23 Higher Duties Allowance On balance, worse-off: Employees engaged on higher duties carrying a higher rate of pay but are not appointed to the higher role, are not guaranteed the commensurate higher rate and could be worse-off on the Agreement. All other Allowances Missing. Missing: Includes: first-aid allowance; Broken Hill/district allowance; and transfer of employee reimbursement. Employees appointed to perform first aid duties may not be paid an extra 1.3% of the minimum weekly wage for an employee classified at level 4 of the Award; An employee in the County of Yancowinna in New South Wales (Broken Hill) may not be paid an hourly allowance for the exigencies of working in Broken Hill of 4.28% of the minimum weekly wage for an employee classified at level 4 of the Award; and, Where an employee is required to transfer from one township to another, responsibility and payment for the whole of the moving expenses, including fares and transport charges, for the employee and the employee s family, may not be reimbursed. Page 4 of 19
Payment of wages Wages will be paid weekly or fortnightly according to the actual hours worked each week or fortnight, or may be averaged over a period of a fortnight. 13.16 Worse-off: the Agreement is silent in respect of explaining that the weekly pay will include a reconciliation in arrears for actual work performed over the previous week, including applicable hourly rates of pay, penalties, allowances, superannuation and annual leave accruals. No employee classified at level 3 or below under the Award may be paid on a monthly pay cycle and must be paid either weekly or fortnightly. Hours of work 10.6 &13.12 Worse-off: Ordinary hours may be worked, within the following spread of hours: Days Spread of hours Monday to Friday, inclusive 7.00 am 9.00 pm Saturday Sunday 7.00 am 6.00 pm 9.00 am 6.00 pm The span of working hours provided in the Agreement is the same as the spread of ordinary hours in the Award. However, Working hours includes overtime; whereas spread of ordinary hours means the period within which an Employee can be required to work their "ordinary hours, before conditions for overtime, overtime penalties, maximum daily hours and rest between working periods apply; and, The Agreement provides that Employees working at Airport Stores can be rostered earlier and later than the spread of ordinary hours provided in the Award. In the case of retailers whose trading hours extend beyond 9.00 Therefore, an Employee could be worse-off on the Agreement. Page 5 of 19
pm Monday to Friday or 6.00 pm on Saturday or Sunday, the finishing time for ordinary hours on all days of the week will be 11.00 pm. Maximum ordinary hours on a day 10.8 On balance, the same. An employee may be rostered to work up to a maximum of 9 ordinary hours on any day, provided that for one day per week an employee can be rostered for 11 hours. Ordinary hours will be worked on not more than 5 days in each week, provided that if ordinary hours are worked on 6 days in one week, ordinary hours in the following week will be worked on no more than 4 days. 38 hour week rosters A full-time employee will be rostered for an average of 38 hours per week. A roster period cannot exceed 4 weeks. 9.1, 9.7, 9.8, 10.1, 10.11, 13.3, 13.7 & 13.14 Worse-off: The Agreement is in breach of the Award (and the National Employment Standards) when maximum rostered hours exceed 38 hours per week; and, At 10.1 the Agreement provides for roster periods of 1 month. Consecutive days off, substitution and accumulation of RDOs 10.9 & 10.10 Worse-off: Page 6 of 19
Ordinary hours will be worked so as to provide an employee with 2 consecutive days off each week or 3 consecutive days off in a 2 week period. Ordinary hours and any reasonable additional hours may not be worked over more than six consecutive days. By agreement between an employer and an employee, another day may be substituted for the day that employee is to be rostered off. By agreement between the employer and an employee, rostered days off may be banked (up to a maximum of 5 days in any one year) then taken at times mutually convenient to the employer and the employee. The Agreement provides 2 consecutive days off each week or 3 consecutive days off in a 4 week period; and, The Agreement is silent about the substitution and accumulation of RDOs provided in the Award. Employees regularly working Sundays 10.9 Same. An employee who regularly works Sundays will be rostered so as to have 3 consecutive days off each 4 weeks and the consecutive days off will include Saturday and Sunday. Notification of Rosters 10.1, 10.4 & 10.5 Worse-off: the Agreement does not provide that changes to roster patterns without required 7 days notice should have no impact on Page 7 of 19
Rosters will show for each employee: Employee s projected earnings based on the original roster pattern. The number of ordinary hours to be worked each week; The days of the week on which work is to be performed; and The commencing and ceasing time of work for each day of the week. Unexpected changes to an Employee s roster for a given day may be changed by mutual agreement with the employee prior to the employee arriving for work. Subject to provisions for resolving grievances, permanent roster changes will be provided in writing with a minimum seven days notice. When an Employee is affected by a once only change to roasters (not constituting an emergency) any extra work will be paid at the overtime rate of pay. Roster may not be changed with the intent of avoiding payment of penalties, loading or other benefits applicable and penalties remain payable as if the original roster pattern had been worked. Page 8 of 19
Overtime and penalties Hours worked over 38 hours in a week, or outside the span of hours above are to be paid at 150% for the first 3 hours and 200% thereafter. The rate of overtime for casual employees on a Sunday is 225% of the ordinary hourly rate of pay, and on a public holiday is 275% of the ordinary hourly rate of pay (inclusive of the casual loading). Overtime is calculated on a daily basis. 9.1, 9.8, 9.12, 13.14 & 13.6 Better-off when hours rostered within the ordinary spread of hours because the Agreement provides that hours worked over 38 hours in a week, are to be paid at 150% for the first 2 hours and 200% thereafter. Worse-off because clause 9.8 & 9.12 of the Agreement provide that the time off in lieu will of overtime payments will be banked at the rate of 200% of the hours worked; so that the employee is not worseoff when they take time off in lieu or are paid-out the banked hours, the applicable penalty rates should apply to the banking of hours. An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee. The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made. EXAMPLE: an employee who worked 2 overtime hours at the rate of time and a half is entitled to 3 hours time off. If time off for overtime that has been worked is not taken within the period of 6 months, the employer must pay the employee for the overtime, in the next pay period following those 6 months, at Page 9 of 19
the overtime rate applicable to the overtime when worked. An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make, or not make, an agreement to take time off instead of payment for overtime. Penalty payments: Evening work Monday to Friday 13.6 Same. A penalty payment of an additional 25% will apply for ordinary hours worked after 6.00 pm. This does not apply to casuals. Penalty payments: Saturday work 13.6 Same. A penalty payment of an additional 25% will apply for ordinary hours worked on a Saturday for full-time and part-time employees. A casual employee must be paid an additional 10% for work performed on a Saturday between 7.00 am and 6.00 pm. Penalty payments: Sunday work 13.6 Same. A penalty payment of an additional 80% loading will apply for all hours worked by a full-time or part-time employee on a Sunday. A penalty payment of an additional 85% loading will apply for all Page 10 of 19
hours worked by a casual employee on a Sunday (inclusive of the casual loading). Penalty payments: Public holidays 13.6 Same. Work on a public holiday must be compensated by payment of an additional 125% for all hours worked by a full-time or part-time employee. A penalty payment of an additional 150% will apply for all hours worked by a casual employee (inclusive of the casual loading). Provided that by mutual agreement of the employee and the employer, the employee (other than a casual) may be compensated for a particular public holiday by either: An equivalent day or equivalent time off instead without loss of pay. The time off must be taken within four weeks of the public holiday occurring, or it shall be paid out; or An additional day or equivalent time as annual leave. Shiftwork This applies to persons specifically employed as shiftworkers under Missing. Missing: Employees covered by the Agreement may not be compensated for work rostered to commence at or after 6.00 pm on one day and before 5.00 am on the following day. Page 11 of 19
the award. Shiftwork means a shift starting at or after 6.00 pm on one day and before 5.00 am on the following day. All time between the actual commencing time and the actual ceasing time on any shift will count and will be paid for as time worked. All rest pauses and meal breaks taken by shiftworkers are paid breaks and form part of the hours of work. Breaks during work periods Breaks will be given as follows: Hours worked Rest break Meal break Work less than 4 hours Work 4 hours or more but no more No rest break No meal break 10 minute rest break No meal break 11.1 & 11.2 Worse-off: Page 12 of 19 Employees who work 10 hours or more may not be allowed 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); nor, Two meal breaks each of at least 30 minutes but not more than 60 minutes. The provision should be applicable because at 10.8 of the Agreement, Employees can be rostered up to 11 hours on 1 day of the week; and, The Agreement is silent on the Award provisions for scheduling breaks within 1 hour of commencing or ceasing work.
Work more than 5 hours but Work 7 hours or more but less than 10 Work 10 hours or more 10 minute rest break One meal break of at least 30 minutes but not more than 60 Two 10 minute rest breaks, with one taken in the first half of the work hours and the Two 10 minute rest breaks, with one taken in the first half of the One meal break of at least 30 minutes but not more than 60 Two meal breaks each of at least 30 minutes but An employee cannot be required to take a rest break or meal break within one hour of commencing or ceasing of work. An employee cannot be required to take a rest break(s) combined with a meal break. No employee can work more than 5 hours without a meal break. Breaks between work periods All employees will be granted a 12 hour rest period between the completion of work on one day and the commencement of work on the next day. Work includes any reasonable additional hours or overtime. 11.3 Worse-off: The Agreement provides that an Employee will be rostered with a 12 hour break between shifts; however, the Agreement is silent on applicable penalties payable to Employees who complete additional overtime on 1 day and return to work the next day within the standard 12 hour rest period between work periods. Page 13 of 19
Where an employee recommences work without having had 12 hours off work then the employee will be paid at double the rate they would be entitled to until such time as they are released from duty for a period of 12 consecutive hours off work without loss of pay for ordinary time hours occurring during the period of such absence. By agreement between an employer and an employee or employees the period of 12 hours may be reduced to not less than 10 hours. EXAMPLE: An employee who finishes work at 11.00 pm may be rostered to commence their next shift from 7.00 am but should not be required to return to work before 11.00 am the next day and should not lose pay for the rostered hours between 7.00 & 11.00 am. Annual leave: Annual leave loading During a period of annual leave an employee will receive a loading calculated on your wages of 17.5% or the relevant weekend penalty rates, whichever is the greater but not both. 16, 17 & 20 Worse-off because the Agreement is silent for Employees who would otherwise be entitled to earn weekend penalty rates had the period of Annual Leave been worked. Appears to be better-off because Relaxation/Travellers Leave is a provision in the Agreement that ensures an Employee can take an additional 38 hours paid leave (prorated for part time employees). However, the obtaining additional leave is contingent upon prior access to other Annual Leave entitlements. Excessive leave accruals The Award contains provisions for taking Annual Leave and Long 16.5, 16.9 & 25.2 On balance, worse-off: an employee who has accrued excessive leave and who has not taken annual leave in the previous 12 months, may not be granted leave after attempting to reach Agreement with their supervisor Page 14 of 19
Service leave, as well as cashing out Annual Leave. and would be worse-off on the Agreement. Family and domestic violence leave 22 Better-off. An employee is entitled to 5 days unpaid leave to deal with family and domestic violence, as follows: the leave is available in full at the start of each 12 month period of the employee s employment; and the leave does not accumulate from year to year; and is available in full to part-time and casual employees. Personal Leave Employees are entitled to 10 days each year for full-time employees or pro rata of 10 days each year depending on their hours of work for part-time employees. 18 Worse-off: Personal Leave is not prorated in the National Employment Standards. An employee s entitlement to paid personal/carer s leave accrues progressively during a year of service according to the number of ordinary hours worked, and accumulates from year to year. An employee may take paid personal/carer s leave if they are unfit for work because of their own personal illness or injury (including Page 15 of 19
pregnancy-related illness), or to provide care or support to a member of their immediate family or household. When paid personal/carer s leave is taken, the minimum requirement is that an employee must be paid at their base rate of pay for the ordinary hours they would have worked during the period. An employee s base rate of pay (other than a pieceworker) is the rate of pay payable to an employee for his or her ordinary hours of work, but not including incentive-based payments and bonuses. Compassionate Leave 19 Better-off. An employee (including a casual employee) is entitled to 2 days for each occasion of compassionate leave to spend time with a member of their immediate family or household who has sustained a life-threatening illness or injury. Compassionate leave may also be taken after the death of a member of the employee s immediate family or household. Community Services Leave An employee is entitled to be absent from work to engage in 24 & 26 On balance, better-off: 1 day per annum Community Service Leave is paid leave. Employees should consider that the Agreement does not explicitly provide paid leave for the 1 st 10 days of Jury Duty; which is payable in the Page 16 of 19
certain community service activities such as a voluntary emergency management activity or jury duty, including attendance for jury selection. There is no set limit on the amount of leave an employee is entitled to. Community service leave is unpaid, except for jury duty. Employees (except casuals) are entitled to make-up pay for the first 10 days they are absent for jury duty. National Employment Standards. Parental Leave: Unpaid 21 Same. All employees in Australia are eligible for unpaid parental leave if they have completed at least 12 months of continuous service with their employer. Each employee may take a period of up to 12 months of unpaid parental leave. The employee may request a further period of up to 12 months from their employer. In addition to unpaid parental leave, employees are entitled to: unpaid special maternity leave a right to transfer to a safe job in appropriate cases, or to take no safe job leave Page 17 of 19
consultation requirements a return to work guarantee unpaid pre-adoption leave. Parental Leave: Paid All employees in Australia are eligible for paid parental leave if they: will be the primary carer of a newborn or newly adopted child individually earned less than $150,000 in the last financial year be on leave or not working whilst receiving Parental Leave Pay have done enough work in the 13 months before to meet the work test 21.1 On balance, better-off: Agreement provides employees with a entitlement to 6 weeks paid paid parental allowance plus superannuation at the weekly rate of the national minimum wage after a 24 month period of Continuous Service. Presuming the explicit paid entitlement is on top of the government payment, this would make the total period of paid leave 26 weeks at the minimum wage. Other entitlements are detailed in a policy; which may change from time-totime. Parental Leave Pay is currently $719.35 per week before tax for up to 18 weeks. This is based on the weekly rate of the national minimum wage. Partners may also be eligible for Dad and Partner Pay for up to 2 weeks. Continuous Service At s22 of the Fair Work Act 2009 (Cth) service continues when an Employee is absent from the workplace for a range of 8.3 & 14.6 Worse-off: the Agreement is silent about your right to be recognised as an Employee for the purposes of Continuous Service, from the commencement of your initial probation period. Page 18 of 19
circumstances. Termination, Change & Redundancy National Employment Standards and the Fair Work Act 2009 (Cth) provide minimum standards for these provisions. Flexibility Model terms deals with 1 or more of the following matters: arrangements about when work is performed; overtime rates; penalty rates; allowances; leave loading; and, Flexible Working Arrangements must meet genuine needs of parties, ensure employee is not worse-off and allow either party to terminate the Arrangements. Dispute Resolution The Fair Work Act 2009 (Cth) provides minimum standards for this provision. 30, 29 & 31 On balance, better-off because some provisions regarding disclosure of relevant Company information and seeking representation are better than minimum requirements of the Fair Work Act 2009 (Cth). 4 & 32 On balance, better-off because Flexibility is limited to rostering and breaks. However, parts of the Agreement are inconsistent with a model term; also, the Agreement is silent on more explicit minimum requirements of s65 of the Fair Work Act 2009 (Cth). 28 Appears to be better-off because some provisions regarding disclosure of relevant Company information and seeking representation are better than the Award. However, term is inconsistent with a model term. Page 19 of 19