100315248

PR & BM HARRINGTON AND SDA AGREEMENT 2002

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES' ASSOCIATION OF WESTERN AUSTRALIA

APPLICANT

 -v-

 PHILIP ROSS HARRINGTON AND BERYL MARGARET HARRINGTON T/A PR & BM HARRINGTON

RESPONDENT

CORAM COMMISSIONER J L HARRISON

DATE OF ORDER FRIDAY, 21 FEBRUARY 2003

FILE NO/S AG 208 OF 2002

CITATION NO. 2003 WAIRC 07735

_______________________________________________________________________________

Result Agreement registered

_______________________________________________________________________________

Order

HAVING heard Ms S Burke of counsel on behalf of the Shop, Distributive and Allied Employees’ Association of Western Australia and Mr B Duplock as agent on behalf of Philip Ross Harrington and Beryl Margaret Harrington trading as P.R. and B.M. Harrington, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979 hereby orders:

THAT the P.R. and B.M. Harrington and SDA Agreement 2002 in the terms of the following schedule be registered on the 12th day of February 2003.

COMMISSIONER J L HARRISON

SCHEDULE

1. TITLE

This Agreement shall be known as the P.R. & B.M. Harrington and SDA Agreement 2002.

2. ARRANGEMENT

1. Title

2. Arrangement

3. Area and Scope

4. Supersession of Previous Awards and Agreements

5. Term

6. Definitions

7. Termination of Employment

8. Contract of Employment

9. Hours of Work and Rostering Provisions

10. Display of Rosters

11. Overtime

12. Meal Breaks and Rest Periods

13. Meal Money

14. Sick Leave

15. Bereavement Leave

16. Public Holidays

17. Annual Leave

18. Long Service Leave

19. Payment of Wages

20. Wages

21. Time and Wages Record

22. Higher or Lower Duties

23. Protective Clothing

24. Limitation of Work

25. Travelling and Transfers

26. Anti-Discrimination

27. OHS Goals and Objectives

28. Change and Rest Rooms

29. First Aid Kit

30. Posting of Agreement and Union Notices

31. Supported Wage System

32. Location Allowances

33. Superannuation

34. Parental Leave

35. Jury Service

36. Traineeships

37. Introduction of Change

38. Redundancy

39. Grievance Procedure

40. Union Recognition and Union Membership

41. Right of Entry

42. Trade Union Training Leave

43. Union Delegates
44. Signatories

3. AREA AND SCOPE

(1)                 This Agreement shall be binding upon Philip Ross Harrington and Beryl Margaret Harrington (“the employer”) trading as P.R. & B.M. Harrington and the Shop, Distributive and Allied Employees’ Association of Western Australia (“the Union”) in respect of all employees who are eligible to join the Union employed in the classifications defined in Clause 6 – Definitions by the employer throughout the State of Western Australia.

(2)                 This Agreement shall not apply to any employee in the position of Store Manager, Assistant Manager, Trainee Manager or to Department Managers in Meat, Bakery, Fresh Produce or Delicatessen Departments.

(3)                 This Agreement will apply to about one to two employees.

4. SUPERSESSION OF PREVIOUS AWARDS AND AGREEMENTS

No other Award or Agreement shall apply to any employee bound by the terms of this Agreement.

5. TERM

(1) This Agreement shall come into force on the day of its registration and shall continue to operate until 30th June 2005.

(2) Notwithstanding subclause (1), this Agreement shall continue to have effect beyond the

date of expiry until a new Agreement is made, or either the employer parties or the union elect to retire from this Agreement in accordance with the provisions of the Industrial Relations Act.

(3) The parties to the Agreement agree to commence negotiations for a new Agreement six

 months prior to the expiry of this Agreement.

6. DEFINITIONS

(1) "Retail Employee Grade I" shall mean a service assistant engaged in a retail establishment who is in the first six months of employment and who is gaining the skills required of an Retail Employee Grade II, provided that no employee aged under 16 years may be employed in this classification.

(2) "Retail Employee Grade II" shall mean an employee who is engaged to perform a range of duties associated with the operation of a retail establishment, including:

customer service and assistance,

trolley collection,

operation of “Point of Sale” terminals,

preparation for sale of fresh foods, groceries, general merchandise, hardware and any other retail goods,

stock receival, checking in, storing or replenishment,

Such cleaning as is incidental to the performance of other duties,

Removing spillages or occasional defacements

other general store duties,

incidental clerical and administrative duties, including ordering,

merchandising or point of sale duties,

floor walking,

food preparation or cooking,

preparation, presentation and maintenance of floral arrangements,

taking customer orders and the delivery of customer orders, and

dispensing petroleum and related products

(3) Retail Employee Grade III shall mean an employee engaged in retail service functions including office and or/cashier duties and who may also perform the duties of Retail Employee Grade II on a needs basis.

(4) Retail Employee Grade IV shall mean an employee engaged in retail service functions including maintaining the pricing file, in store ticketing, office technology functions, and who may also perform the duties of a Retail Employee Grade II on a needs basis.

(5) Retail Employee Grade V shall mean an employee, other than a tradesperson, engaged to wrap, pack and/or price meat in the meat room and/or to present meat for sale in a meat cabinet. A Retail Employee Grade V will not be involved in directly serving customers.

(6) Retail Employee Grade VI shall mean an employee engaged in retail service functions, and who uses trades equivalent skills in carrying out their duties.

(7)    A store operating “extended trading hours” shall mean a store which is open for trading later than 6.00pm on more than one night of the week or a store which is usually open for trading on Sundays.

(8)    “Existing Employee” shall mean an employee, whether full time, part-time or casual, who is employed prior to the date of certification of this Agreement.

(9)    “Probationary Employee” shall mean a permanent employee who is in his or her first three months of employment with the employer and whose employment may be terminated by giving or receiving one day’s notice.

(10) “Continuous Service” includes all service with the employer from the date of engagement but shall not include, in any year, unauthorized absences of more than one week or authorized unpaid absences of more than one week due to sickness or injury.

7. TERMINATION OF EMPLOYMENT

(1) Permanent Employees

(a) Should the employer wish to terminate a permanent employee, the following

 period of notice shall be provided:

Period of Continuous Service    Period of Notice

Not more than 3 months      1 day

Not more than 1 year     1 week

More than 1 year but not more than 3 years   2 weeks

More than 3 years but not more than 5 years  3 weeks

More than 5 years     4 weeks

(b) Employees over 45 years of age with 2 or more years continuous service at the

 time of termination, shall receive an additional week's notice.

(c) Where the relevant notice is not provided, the employee shall be entitled to payment in lieu. Provided that employment may be terminated by part of the period of notice and part payment in lieu.

(d) Payment in lieu of notice shall be calculated using the employee's ordinary time weekly wage as prescribed by this Agreement.

(e) The period of notice in this Clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including theft, malingering, inefficiency or neglect of duty or, if after receiving notice of termination, such employee does not carry out his or her duties in the same manner as he or she did prior to such notice.

(f) Notice of termination by employee

Except in the first 3 months of service, 1 week's notice shall be necessary for an employee to terminate his or her engagement or the forfeiture of 1 week's pay by the employee to the employer in lieu of notice. In the first three months of service, an employee may give 1 day's notice to terminate his or her employment, or the forfeiture of 1 day's pay by the employee to the employer in lieu of notice.

(g)                 Statement of Employment.

The employer shall, when requested, provide to an employee a written statement specifying the period of their employment and the classification of or the type of work performed by the employee.

(2)                 Casual Employees

The employment of a casual employee maybe terminated by the giving or receiving of one hour’s notice or payment in lieu thereof.

(3) Unfair Dismissals

Termination of employment by the employer shall not be harsh, unjust or unreasonable, whether notice has been given or not.

Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, terminations on the grounds of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.

(4) Grievance Procedures

In the event of a dispute arising from the operation of this Clause, the matter should be dealt with in accordance with the provisions of Clause 39 Grievance Procedure hereof.

8. CONTRACT OF EMPLOYMENT

(1)                 The employer may engage employees on either a full-time, part-time, casual or limited tenure basis.

(2) Full-time employees shall be permanent employees engaged on weekly hire on the basis of working 152 ordinary hours in each 4 week roster cycle subject to the rostering provisions of Clause 9. Hours of Work and Rostering Provisions hereof.

(3)                 Part-time employees shall be permanent employees engaged on weekly hire for an agreed number of hours, with a minimum of 36 ordinary hours and a maximum of 128 ordinary hours in each 4 week cycle. A part-time employee’s “Core Hours” shall be the agreed number of hours regularly worked by the employee. A part-time employee’s core hours may be permanently increased by agreement subject to the maxima of ordinary hours prescribed by this Agreement or, decreased as prescribed by Clause 9 (4) of this Agreement. A part-time employee’s hours may be temporarily increased by additional hours or shifts as prescribed by Clause 9 (3) and Clause 9 (6) respectively of this Agreement.

(4)                 Casual employees shall be engaged on an hourly basis subject to the rostering provisions prescribed by Clause 9. Hours of Work and Rostering Provisions hereof, provided that a casual employee may not be rostered to work in excess of 32 ordinary hours in any week.

(5)                 The employer shall have the right to engage either new employees or casual or part-time employees who are already in the employment of the employer as full-time or part-time employees on a “Limited Tenure” basis.

Employees engaged on a limited tenure basis shall be subject to all of the provisions of this Agreement governing full-time or part-time employees, as appropriate, including entitlements to paid leave, but shall be employed for a fixed period of time subject to the following provisions:

(a)                 The period of limited tenure shall be no less than two weeks and not more than 12 months.

(b)                 The purpose of limited tenure employment shall be either:

(i) to replace an employee absent on Annual, Sick, Parental or other forms of approved leave, or,

(ii)                to meet trading needs during the peak periods two weeks prior to and two weeks after Christmas and Easter.

(c)                 Subject to the 12 month maximum period of limited tenure engagement, a period of limited tenure may be extended, once, by agreement between the employee and the employer.

(d)                 Prior to the commencement of a period of limited tenure, the employee shall be advised in writing of the nature of the work, the hours to be worked, the proposed weekly earnings and the commencing and ceasing dates of their limited tenure employment.

(e)                 Limited tenure employment shall be voluntary, and, at the conclusion of the limited tenure period, an employee who had been engaged by the employer prior to the period of limited tenure shall revert to a position of employment that is no less advantageous to the employee than that which existed prior to the full-time or part-time period of employment.

(f)                  An employee who accepts a change to limited tenure shall not be disadvantaged with respect to his or her terms and conditions of employment and any savings provisions prescribed by this Agreement to which the employee may be entitled shall continue to apply while the employee is engaged on a limited tenure basis.

(6) The parties are committed to maximising permanency of employment and full-time employment consistent with the needs of the business.

9. HOURS OF WORK AND ROSTERING PROVISIONS

(1)                 The ordinary hours of work may be rostered over 24 hours per day, seven days per week subject to the provisions of this Clause.

(2) Permanent Employees

 Within the 4 weekly maxima of ordinary hours for full-time and part-time employees prescribed by Clause 8. Contract of Employment, permanent employees shall be rostered to work ordinary hours subject to the following provisions:

(a)                 Not more than 48 ordinary hours in any week.

(b)                 Not more than 6 ordinary hours work commencements in any week except for Additional Shifts as prescribed by subclause (6) hereof.

(c)                 Not more than 10 ordinary hours work commencements in any fortnight.

(d)                 Not more than 6 consecutive ordinary hours work commencements.

(e)                 Not more than 10 ordinary hours on any day or shift, exclusive of meal breaks.

(f)                  Not less than 3 ordinary hours on any day or shift, provided that, in the case of part-time employees, an employee may be rostered to work not less than one hour on not more than six occasions in any year for the purpose of training or attendance at a staff meeting. Such periods of less than three hours shall be in addition to the part-time employee’s core hours and shall be worked in accordance with subclause (3) or subclause (6) hereof, as appropriate.

(g)                 A part-time employee shall have a minimum of two ordinary hours work commencements in any week.

(h)                 Employees shall either be granted two consecutive days without an ordinary hours work commencement each week or three consecutive days without an ordinary hours work commencement each fortnight.

(i)                  Except where an additional shift is worked as provided by subclause (6) hereof, the ordinary hours of work, exclusive of meal breaks, on any day or shift shall be consecutive.

(j)                  When rosters are being established or varied, the employer shall have regard to an employee’s family responsibilities and whether or not the employee can reasonably obtain safe transport home.

(3)                 Additional Hours- Part-time Employees

(a)                 A part-time employee may be offered additional hours either in conjunction with a rostered shift on any day or as a shift on a day on which he or she is not rostered to work, provided that the working of such additional hours is voluntary and subject to the daily, weekly and four weekly maxima of ordinary hours and the maxima of work commencements for a week, fortnight or four weekly cycle prescribed by this Agreement.

(b)                 Additional hours worked pursuant to this subclause shall be paid at the appropriate ordinary hours rate of pay and will attract all pro-rata benefits prescribed by this Agreement.

(c)                 Part-time employees may also work Additional Shifts as prescribed by subclause (6) hereof.

(4)                 Reduction of Hours-Part-time Employees

(a)                 A part-time employee’s core hours may be reduced by a maximum of 20% in any year in order to meet changed business needs. Any such reduction will be limited by the minimum engagement provisions for part-time employees of 36 ordinary hours per four week cycle and two ordinary hours work commencements per week.

(b)                 Employees shall be afforded two week’s written notice of any reduction in hours pursuant to this subclause.

(c)                 Part-time employees whose hours are reduced pursuant to this subclause shall be given priority in having their core hours restored should additional hours become available which they are competent to perform.

(5)                 Casual Employees

Casual employees may be engaged on an hourly basis subject to the following provisions:

(a)                 Not more than 32 ordinary hours in any week.

(b)                 Not more than 10 ordinary hours on any day or shift exclusive of meal breaks.

(c)                 Not more than 6 ordinary hours work commencements in any week except for Additional Shifts as provided by subclause (6) hereof.

(d)                 Casual employees shall not be rostered for ordinary hours work commencements on more than six consecutive days.

(e)                 Casual employees shall not be rostered for ordinary hours work commencements on more than 20 days in any four week cycle.

(f)                  The minimum engagement shall be for three consecutive hours of work provided that:

(i) Casual school students may be engaged for a minimum of two hours between 4.00pm and 7.00pm Monday to Friday in stores which do not open for extended hours.

(ii)                On not more than six occasions in any year a casual employee may be engaged for not less than one hour for the purpose of training or conducting a staff meeting.

(g)                 A casual employee’s shift may be cancelled or the start time varied by agreement between the employee and the employer prior to the commencement of the shift or by the provision by the employer of four hours notice to the employee.

(h)                 A casual employee’s finishing time may be altered by agreement between the employer and the employee, provided that the minimum engagement provisions of this Agreement apply.

(6)                 Additional Shifts-Part-time and Casual Employees.

(a)                 A part-time or casual employee may be offered an additional ordinary hours shift on a day on which the employee has been rostered to work.

(b)                 Working an additional shift is voluntary and, in the case of part-time employees, does not form part of the employee’s core hours but does attract all pro-rata benefits prescribed by this Agreement. Agreement to work additional shifts may be revoked by the employee subject to the provision of reasonable notice by the employee.

(c)                 An Additional Shift shall result in a maximum of two work commencements on any day.

(d)                 The minimum engagement provisions of this Agreement apply to Additional Shifts.

(e)                 The daily maximum of ten ordinary hours applies to an employee working Additional Shifts as do the weekly and four weekly maxima of ordinary hours.

(f)                  Where an Additional Shift is worked the provisions of Clause 11. Overtime apply with respect to the requirement for a ten hour break between the completion of work on the second shift and the commencement of work on the following day but do not apply to the break between the rostered shift and the Additional Shift.

10. DISPLAY OF ROSTERS

(1)                 The employer shall post and keep posted, in a place easily accessible to employees, a roster showing:

(a)                 The name of each employee bound by this Agreement.

(b)                 The days during each work cycle upon which the employee is required to work ordinary hours and the commencing and finishing times of each work period and the time of any meal break.

(2)                 The particulars referred to in subclause (1) (b) hereof shall be published seven days in advance and may only be changed in the following circumstances:

(a)                 By the provision of seven days clear notice

(b)                 By mutual agreement between the employee and the employer

(c)                 On account of the unplanned absence of an employee

(d)                 By the inclusion of particulars in respect of casual employees, or,

(e)                 By the inclusion of additional hours or additional shifts as prescribed by Clause 9 (3) and Clause 9 (6) respectively.

(3)                 Notwithstanding the provisions of subclause (1) hereof, the employer may provide each employee with an individual roster in writing containing the required information.

(4) Rosters will be available for inspection by an official of the Union.

11. OVERTIME

(1)                 Overtime shall be paid in the following circumstances:

(a)                 Work in excess of 10 hours on any day,

(b)                 Work in excess of the weekly or four weekly maxima of ordinary hours,

(c)                 Work on in excess of 20 shifts in a four week cycle except for Additional Shifts worked in accordance with Clause 9 (6) hereof,

(d)                 Work on days in excess of the maximum number of weekly, fortnightly, four weekly or consecutive days,

(e)                 Work performed when the employee has not had a break of 10 hours since the completion of the previous shift, except where the next shift is an Additional Shift worked in accordance with Clause 9 (6) hereof, or,

(f)                  In the case of permanent employees, work performed before the employee’s rostered commencing time or after the employee’s rostered ceasing time, provided that additional hours worked by part-time employees in accordance with Clause 9 (3) hereof or Additional Shifts worked in accordance with Clause 9 (6) hereof shall not be overtime.

(2)                 Overtime shall be paid at the rate of time and a half for the first two hours and double time thereafter provided that all overtime worked on a Sunday shall be paid at double time and all overtime worked on a Public Holiday shall be paid at double time from the date of certification of this Agreement until the 1st January 2005 from which date all overtime worked on a Public Holiday shall be paid at double time and a half. In the case of casual employees, the casual loading prescribed by this Agreement shall not be included in the calculation of the overtime rate of pay.

(3)                 Where an employee is recalled to work after leaving the employer’s establishment, other than to work an Additional Shift in accordance with Clause 9 (6) hereof, he/she shall be paid for at least three hours at the appropriate overtime rate and time reasonably spent in getting to and from work shall be counted as time worked.

(4)                 Where an employee’s shift comprises of only overtime hours the minimum engagement shall be three hours.

(5)                 Notwithstanding the provisions of subclause (2) hereof, by agreement between the employee and the employer, an employee may take time off in lieu of overtime provided that:

(a)                 The amount of time off is equivalent to the number of hours of pay which the employee would have received for the overtime

(b)                 The time off is taken within four weeks or added to the employee’s Annual Leave, provided that any such additional Annual Leave shall not attract the Annual Leave Loading prescribed by this Agreement, and,

(c)                 The time of taking time off in lieu of overtime is agreed prior to the overtime being worked.

12. MEAL BREAKS AND REST BREAKS

(1)                 Every employee shall be entitled to and shall be allowed an unpaid meal break of not less than half an hour nor more than one hour after not more than five hours work, provided that, by agreement between the employer and the employee, where an employee works up to six hours on any day or shift, a meal break need not be taken.

(2)                 Where an employee is entitled to a meal break and a majority of the employee’s ordinary hours are worked between midnight and 5.00am, a 20 minute paid meal break shall be allowed in lieu of the meal break prescribed by subclause (1) hereof.

(3)                 Rest Breaks

(a)                 Every employee shall be entitled to and shall be allowed a paid rest break of 10 minutes if required to work in excess of four and a half hours on any day or shift.

(b)                 Every employee who works in excess of eight hours on any day or shift, exclusive of meal breaks, shall be entitled to a second paid 10 minute rest break. Where an employee is entitled to two rest breaks, one shall be taken before the meal break and one after the meal break.

(c)                 Rest breaks shall not be taken during the first or last hour of work or within an hour of a meal break.

13. MEAL MONEY

Any employee who is required to work overtime for more than two hours on any day, without being notified on the previous day or earlier that he or she will be required to work such overtime, will either be supplied with a meal by the employer or be paid $9.00 meal money.

14. SICK LEAVE

(1) An employee, including a part time employee, who is unable to attend or remain at his or her place of employment during ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions:

(a)                 Entitlement to payment shall accrue weekly at the rate of one sixth of a week for each completed month of service with the employer. The entitlement of part-time employees shall accrue on a pro-rata basis which takes into account all ordinary hours paid, including core hours, additional hours or shifts and paid leave.

(b) The rate of pay for an absence in accordance with this Clause shall be the employee’s ordinary wage that he or she would have received had he or she not been on leave. Payment, at this rate, shall be for all ordinary hours that the employee would have worked had he or she not been on leave.

(c) If in the first or successive years of service with the employer the employee is absent on the grounds of personal ill health or injury for a period longer than his or her entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.

(2)                 The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this Clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence.

(3) To be entitled to payment in accordance with this Clause the employee shall, prior to the commencement of the shift or as soon as reasonably practicable, advise the employer of his or her inability to attend for work, the nature of the illness or injury and the estimated duration of the absence.

(4) The provisions of this Clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the absence or who fails to supply such other proof of the illness or injury as the employer may reasonably require, provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year, if any, shall be accompanied by such certificate.

(5) The provisions of this Clause do not apply to an employee who fails to produce a certificate from a medical practitioner for an absence on the day prior to or the day after a Public Holiday.

(6) Where a business has been transmitted from one employer to another and an employee’s services have been deemed to be continuous for the purpose of Long Service Leave, the paid sick leave standing to the credit of the employee at the date of transmission may be claimed in accordance with this Clause

(7) The provisions of this Clause with respect to payment do not apply to employees who are entitled to payment under the Workers' Compensation and Rehabilitation Act nor to employees whose injury or illness is the result of the employee's own misconduct.

(8) An employee shall be able to access accrued Sick Leave to a maximum of two shifts in any calendar year to care for an immediate family member or member of the employee’s household provided that reasonable proof of illness of the person for whom care is being given is provided to the employer.

(9) The provisions of this Clause do not apply to casual employees.

15. BEREAVEMENT LEAVE

(1) An employee, including a part time employee, shall, on the death of a wife, husband, de-facto wife or de-facto husband, father, father-in-law, mother, mother-in-law, step parent, grandparent, brother, sister, child, stepchild or any person who, immediately before that person’s death, lived with the employee as a member of the employee’s family be entitled to bereavement leave up to and including the day of the funeral of such person, and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee in two ordinary working days. Reasonable proof of such death shall be furnished by the employee to the employer if so requested. Provided that this Clause shall have no effect while the period of entitlement to leave coincides with any other period of leave that may be due to the employee concerned.

(2)                 The provisions of this Clause do not apply to casual employees.

16. PUBLIC HOLIDAYS

(1)                 The following days or the days observed in lieu thereof shall be allowed as holidays without deduction of pay:

New Year’s Day

Australia Day

Good Friday

Easter Monday

Anzac Day

Labour Day

Foundation Day

First Monday in August

Sovereign’s Birthday

Christmas Day

Boxing Day

Provided that another day may be taken as a holiday by agreement between the parties in lieu of any of the days named in this subclause.

(2)                 When any of the days listed in subclause (1) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday without deduction of pay and the day for which it is substituted shall not be a holiday.

(3)                 Where Public Holidays are declared or proclaimed on days other than those prescribed by this Clause, those days shall constitute additional Public Holidays for the purpose of this Agreement, provided that where a day is proclaimed as a Public Holiday or Public Half Holiday under Section 7 of the Public and Bank Holidays Act 1972 (WA) and that proclamation does not apply throughout the State or the metropolitan area of the State, that day shall be a holiday or, as the case may be, a half holiday for the purpose of this Agreement within the district or locality specified in the proclamation.

(4)                 An employee absent without leave on the day before or the day after any of the holidays referred to in subclause (1) hereof shall be liable to forfeit wages for the holiday as well as for the day of absence except where a doctor’s certificate has been provided, in which case wages shall not be forfeited for the holiday. Provided that an employee so absent on one day only, either before or after a group of holidays, shall forfeit wages only for one holiday as well as for the period of absence.

(5)                 (a)              Where the services of an employee are terminated by the employer on the day before a holiday or holidays, otherwise than for misconduct, the employee shall be paid for such holiday or holidays.

(b)                 In the event of Christmas Day falling on a Saturday or a Sunday any employee whose service is terminated on the preceding Friday, otherwise than for misconduct, shall be paid for Christmas Day and Boxing Day.

(c)                 This subclause does not apply to casuals.

(6)                 When any of the holidays prescribed by subclause (1) hereof falls on a day which, for a full-time or part-time employee, is a day of the week upon which he or she is usually required to work at less than one fifth of his or her ordinary weekly hours, such employee shall be allowed time off without deduction of pay equivalent to the difference between the time usually worked on that day and one fifth of the ordinary weekly hours.

Provided that an employee who works overtime on such a day shall receive time off equivalent to the difference between the time off calculated in accordance with this subclause and the hours for which he or she has been paid at overtime rates.

Such time off is to be allowed either:

(a)                 At a time mutually agreed between the employee and the employer, or,

(b)                 In addition to, but not as part of, the Annual Leave to which the employee is entitled pursuant to Clause 17 of this Agreement.

The provisions of this subclause do not apply to casuals

(7)                 If a holiday falls on a non working day for a full-time employee, the employee shall be compensated in one of the following ways by agreement between the employee and the employer:

(a)                 The payment of an additional day’s wages, or

(b)                 Another day shall be allowed off with pay within 28 days, or

(c)                 An additional day shall be added to, but shall not be part of, the employee’s Annual Leave entitlement.

(8)                 Where a holiday prescribed by this Clause falls on any day upon which an employee is required to work ordinary hours, the number of ordinary hours required to be worked in that week shall be reduced by the number of hours ordinarily worked by that employee on the day on which the holiday occurs.

(9)                 All work performed on a Public Holiday shall be paid at the rate of double time with a minimum payment for three hours provided that, from 1st January 2005, all work performed on a Public Holiday shall be paid at the rate of double time and a half with a minimum payment for three hours.

(10)             An employee’s roster may not be changed with the effect of avoiding payment for a Public Holiday.

(11)             Where it is legal to trade on a Public Holiday and the employer elects to trade, the employer shall call for volunteers to work on the Public Holiday at least four weeks prior to the Public Holiday. In the event that insufficient employees have volunteered to work on the Public Holiday to satisfy the needs of the business, the employer shall, two weeks before the Public Holiday, roster sufficient employees to work. In rostering employees to work on a Public Holiday, the employer shall have regard to the needs and beliefs of employees. Any dispute with regard to the operation of this subclause shall be resolved through the application of the Grievance Procedure prescribed by this Agreement.

(12)             Notwithstanding the provisions of subclause (11) hereof, work on Christmas Day shall be voluntary for all employees.

(13)             Where an employee is rostered to work ordinary hours beyond midnight and the majority of the shift is worked on a Public Holiday, the whole shift shall be deemed to be worked on a Public Holiday.

(14)             Casual employees shall not be entitled to paid holidays as prescribed by this Clause but shall be entitled to the rates of pay prescribed by this Clause for any work performed on a Public Holiday.

17. ANNUAL LEAVE

(1)                 All full-time employees shall, at the end of each year of continuous employment, be entitled to 152 hours of Annual Leave.

(2)                 All part-time employees shall, at the end of each year of continuous employment, be entitled to four weeks of Annual Leave. The entitlement to payment for Annual Leave for part-time employees shall be proportionate to that of full-time employees in the same proportion that the average four weekly number of ordinary hours of work and leave paid throughout the 12 month qualifying period bears to 152.

(3)                 Annual Leave shall be taken in varying periods of between one day and four weeks duration by mutual agreement between the employer and the employee, provided that one such period shall be of at least two weeks duration. Where there is no agreement, Annual Leave shall be taken in one period of four weeks.

(4)                 Annual Leave shall be granted and taken by the employee within twelve months of the date of entitlement. However, failure to take Annual Leave within this period shall not result in the Annual Leave being forfeited.

(5)                 Annual Leave will not be granted in the two weeks prior to or the two weeks following Christmas or in the two weeks prior to Easter except by agreement between the employee and the employer and at the sole discretion of the employer.

(6)                 During the period of Annual Leave, an employee shall be paid their ordinary time rate of pay and in addition a loading of 17 1/2 % calculated on their ordinary time rate of pay as prescribed.

The loading prescribed by this subclause shall not apply to proportionate leave on termination.

(a) The time of taking Annual Leave shall be by agreement between the employee and the employer provided that, in the absence of such agreement, the employer will provide the employee with at least one month’s notice of the date from which their Annual Leave shall be taken.

(b) Where an employer and an employee have not agreed when the employee is to take his or her annual leave, the employer is not to refuse the employee taking, at any time suitable to the employee, any period of Annual Leave the entitlement to which accrued more than 12 months before that time

(8) For periods of leave of one week or more, an employee shall receive payment for the period of absence including leave loading and any outstanding wages prior to commencing leave. Provided that at the employee’s request, the employer may:

(a)                 Withhold outstanding wages and pay them to the employee on their return to work, or,

(b)                 Withhold outstanding wages and payment for such leave and pay progressively using the normal pay periods.

For periods of leave of less than one week, the employee shall receive payment with their week’s wages on the normal pay day.

(7)                 Where a Public Holiday prescribed by Clause 16, to which the employee is entitled, falls within a period of Annual Leave, the period of leave shall be increased by one day in respect of that holiday.

(10) When the employment of an employee terminates he/she shall be paid any accrued Annual Leave not taken on the basis of:

(a)                 Payment for leave entitlements accrued from previous anniversary years based upon ordinary time earnings,

(b)                 A 17 1/2 % leave loading on any such accrued Annual Leave from previous anniversary years, and,

(c)                 Payment for pro-rata leave entitlements accrued from the last anniversary date excluding the 17 1/2 % leave loading.

(11) Where an employee has been granted leave in advance of an entitlement and subsequently terminates their employment prior to accruing the appropriate leave, then, subject to State Long Service Leave provisions, the employer may deduct monies equivalent to such leave from any payment made to the employee on termination.

(12)             Any time in respect of which an employee is absent from work, except time for which the employee is entitled to claim paid leave in accordance with the provisions of this Agreement, shall not count for the purpose of determining his or her entitlement to Annual Leave.

(13)             In remote areas, preference will be given to employees’ leave requests to assist in leave coinciding with spouse’s leave.

(14)             The provisions of this Clause do not apply to casual employees.

18. LONG SERVICE LEAVE

The Long Service Leave provisions published in Volume 80 of the Western Australian Industrial Gazette at Pages 1-6, both inclusive, are hereby incorporated and shall be deemed to be part of this Agreement.

19. PAYMENT OF WAGES

(1) The employer may elect to pay employees in cash, by cheque or by means of credit transfer to a bank, building society or credit union account in the name of the employee. The day that the credit transfer is credited to the employee's account shall be deemed to be the date of payment.

(2) Payment shall be made within three working days of the last day of the pay period. Payment by cash or cheque shall be made during the employee's ordinary working hours.

(3) The employer shall not change its method of payment to employees without first giving them at least four week's notice of such change.

(4) An employee who lawfully terminates employment or is dismissed shall be paid all wages due to the employee by the employer on the day of termination of employment, or by the next usual pay day following such termination.

(5) At the time of being paid each employee shall be issued with a statement by the employer showing the gross wages and allowances and all deductions made therefrom.

(6) (a) The employer may elect to pay employees weekly or fortnightly in accordance with subclauses (1) to (5) inclusive of this Clause.

(b) The employer shall not change the frequency of payment to employees without first giving them and the union at least four week’s notice of such change.

(c)                 The method of introducing a fortnightly pay system shall be by the payment of an additional week's wages in the last weekly pay before the change to fortnightly pays to be repaid by equal fortnightly deductions made from the next and subsequent pays, provided that the period of repayment shall not be less than 10 weeks or by some other method agreed upon by the union and the employer.

(7)                 Pay Averaging for Ordinary Hours of Work

With respect to the payment of wages to permanent employees for ordinary hours of work:

(a)                 Full-time employees shall be paid for no less than 38 ordinary hours each week or 76 ordinary hours each fortnight.

(b)                 Part-time employees shall be paid for no less than one quarter of the their four weekly core hours, if paid weekly, or one half of their four weekly core hours if paid fortnightly.

20. WAGES

(1)                 The following shall be the minimum rates of wage payable to full-time adult employees engaged pursuant to the terms of this Agreement:

(a) In stores not trading extended hours:

(b) In stores which trade extended hours:

(2)                 The minimum hourly rate of wage payable to part-time adult employees for ordinary hours of work shall be one thirty eighth of the appropriate rate prescribed by subclause (1) hereof, provided that such rates shall be subject to the penalties for certain ordinary hours of work prescribed by subclause (4) hereof.

(3)                 The minimum hourly rate of wage payable to casual adult employees for ordinary hours of work shall be one thirty eighth of the appropriate rate prescribed by subclause (1) hereof in addition to which a casual loading of 20% of such rate shall be paid. Provided that, during ordinary hours for which penalties are payable as prescribed by subclause (4) hereof, the penalties prescribed for casual employees by that subclause shall apply in lieu of the 20% casual loading.

(4)                 Additional Penalties for Certain Ordinary Hours of Work

The following penalties shall apply in addition to ordinary time earnings

(5) In Charge Rates

An employee required to supervise other employees shall be paid the following loading in addition to his or her ordinary time rate of wage for all times so worked:

 In Charge of one or more but less than 10 employees   3%

In Charge of ten or more employees     6%

(6)                 Junior Rates

Employees aged under 21 years, other than tradespersons, shall receive the following percentage of the appropriate adult rate prescribed by subclauses (1) to (5) inclusive of this Clause provided that no employee aged under 16 years shall be engaged in the classification of Retail Employee Grade I:

Retail employees with tradespersons skills aged under 21 years shall be paid as adults.

(7)                 Apprentice Rates

(a)                 The wage rate for an apprentice shall be determined on the following basis:

(b)                 The employer shall reimburse an apprentice for all fees and levies relevant to his/her apprenticeship training.

(c)                 Adult apprentices shall be paid the second year apprentice rate for the first two years provided that no adult apprentice shall receive less than the Federal Minimum Wage.

(d)                 The employer shall reimburse to an apprentice all fares reasonably incurred in attending college. Where public transport is not readily available and private transport has to be used, an apprentice shall be paid no less than the difference between the appropriate statutory amount and the travelling allowance prescribed by this Agreement.

(e)                 Where an apprentice is required to attend bloc release training, he/she shall be reimbursed by the employer the difference between the appropriate statutory amount and the cost of reasonably comfortable accommodation and meals approved by the employer.

(8)                 In addition to the rates prescribed elsewhere in this Clause the following allowances shall be paid to an employee where applicable:

(a)                 An employee required to operate a ride-on power operated tow motor, a ride-on power operated pallet truck or a walk beside power operated high lift stacker shall be paid an additional 50 cents per hour while so engaged.

(b)                 An employee required to operate a ride-on power operated fork lift, high lift stacker or high lift stock picker shall be paid an additional 57 cents per hour while so engaged.

(9)                 An employee shall receive an additional payment for every hour during which he or she spends 20 minutes or more in a cold chamber in accordance with the following:

In a cold chamber in which the temperature is:

(a) Below 0 degrees Celsius to –20 degrees Celsius        62 cents per hour

(b)                 Below –20 degrees Celsius to –25 degrees Celsius    71 cents per hour

(c)                 Below –25 degrees Celsius           82 cents per hour

(10)             Savings Provisions

(a)                 Where, prior to the certification of this Agreement, an existing employee was receiving a higher rate of wage than provided by this Agreement for any hour of work or part thereof, including rates applicable to hours which were previously outside the span of ordinary hours, such an employee shall be “saved” and shall continue to be paid at such higher rate for any such hours of work.

(b)                 Employees receiving higher rates for any hours of work as a result of the operation of paragraph (a) hereof, shall have such higher rates increased by 50% of the amount of any increases prescribed by this Agreement with respect to such hours until such time as the rates prescribed by this Agreement equal or exceed the “saved rate” with respect to those hours of work.

(c)                 Notwithstanding the provisions of paragraphs (a) and (b) of this subclause, when an existing junior employee on a saved rate of pay has a birthday, the employer may absorb any increase to which the employee would otherwise be entitled as a result of that birthday into the employee’s saved rate of pay.

(d)                 No existing employee shall have their hours of work varied with the intent of avoiding the savings provisions prescribed by this subclause.

(e)                 No existing employee shall have their hours of work reduced as a result of new employees being employed on any lower rates contained in this Agreement.

21. TIME AND WAGES RECORD

(1) The employer shall keep, or cause to be kept, on the business premises, or at the central office if more than one premises, a Time and Wages Record, wherein shall be entered the following information:

(a) the full name, postal address and classification of each employee employed and whether the employee is being employed on a full time, part time or casual contract of service;

(b) the time each employee commences and finishes work each day, including any Additional Shifts;

(c) the number of ordinary hours and the number of overtime hours worked each day by each employee and the total hours worked each pay period;

(d) the wages and (if any) overtime and allowances paid to each employee each pay period and any deductions therefrom;

(e) the age of any employee employed on Junior rates of pay.

(f) the amount of superannuation contributions made in accordance with this Agreement.

(2) (a) Subject to the provisions of paragraph (b) hereof, the Record shall be open for inspection to a duly accredited representative of the Union on the employer premises  provided that reasonable notice is given.

(b) In respect of any establishment, situated outside a radius of forty kilometres from the General Post Office, where the Time and Wages Record for any reason is not available for inspection, an extract or copy from such Record of information required by the representative shall be forwarded by the employer to the Registered Office of the Union within fourteen days of the date of the request made to inspect the Time and Wages Record.

(c)                 The Time and Wages Record of an employee shall be open for inspection to the employee. Where an employee is not provided with a payslip with respect to a pay period showing that part of the Time and Wages Record specified in paragraphs (c) and (d) of subclause (1) hereof, the employee shall be entitled to inspect the Time and Wages Record on the day of payment.

(d)                 The Time and Wages Record shall be kept in date order and shall be maintained in such a way as to enable the inspections prescribed by this subclause to be carried out with respect to a period of six years prior to the date of inspection.

(e)                 Rosters required to be posted or provided to employees in accordance with Clause 10 of this Agreement shall be available for inspection in conjunction with an inspection of the Time and Wages Record.

(3) For the purposes of this Clause the “Time and Wages Record” shall mean a book or single document wherein shall be entered all the information required to be kept in accordance with the provisions of subclause (1) of this Clause.

22. HIGHER OR LOWER DUTIES

(1) Any employee performing work for two hours or more in any day on duties carrying a higher prescribed rate of wage than that in which the employee is engaged, shall be paid the higher wage for the time so employed, provided that where an employee is engaged for more than half of one day or shift on duties carrying a higher rate, the employee shall be paid the higher rate for such day or shift.

(2) Any employee who is temporarily required to perform duties carrying a lower prescribed rate of wage, shall do so without any loss of pay.

(3)                 The employer may direct any employee to carry out such duties, within the classifications of this Agreement, as are within the limits of an employee's skill, competence and training.

23. PROTECTIVE CLOTHING

(1)                 Where the conditions of work are such that employees are unable to avoid their clothing becoming wet or dirty, they shall be supplied with suitable protective clothing free of charge by the employer.

(2) Employees required to enter freezer rooms or cool rooms shall be provided with suitable protective clothing free of charge by the employer

(3)                 All articles supplied or paid for by the employer shall remain the property of the employer and shall be returned when required, in good order and condition, fair wear and tear excepted.

24. LIMITATION OF WORK

No employee may be required to climb ladders or any substitute therefor unless appropriately attired.

25. TRAVELLING AND TRANSFERS

(1) Where an employee is temporarily transferred from one store to another or required to attend at a place other than his/her usual place of work, he/she shall be entitled to the following:

(a) Any additional fare costs for using public transport; or

(b) Any additional cost for private mileage, calculated on the basis of:

55c per kilometre for vehicles of over 2000cc

45c per kilometre for vehicles of up to 2000cc.

(c) Payment of additional travelling time shall be at the ordinary time rate except on Sundays and Public Holidays when payment shall be at the rate of time and a half, provided that such payments shall cease in the event of the employee being permanently transferred to the other store.

(2) Transfers can only occur with the agreement of the employee provided that employees shall not unreasonably refuse a transfer. This applies to both temporary and permanent transfers.

(3) Where an employee agrees to use their private vehicle on employer business the allowances detailed in sub clause (1) (b) hereof shall apply.

(4) Where an employee works beyond the finishing time of their rostered shift without having been provided with either 24 hours notice or notice before the completion of the previous shift, and they are unable to obtain their regular form of transport home, the employer shall arrange at its own cost, an alternative safe form of transport for the employee.

(5) Staff completing their shift at a late time (after dark) may request an escort to their cars at the end of their shift. Such a request from an employee shall not be unreasonably refused by the employer. Where an escort is not requested, staff should be encouraged to leave the store in the company of other staff to give an element of security through numbers.

26. ANTI-DISCRIMINATION

(1)                 It is the intention of the employer and the Union to achieve the principal object in Section (3j) of the Workplace Relations Act 1996 by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction, social origin or membership of a union.

(2)                 Accordingly, in fulfilling their obligations under the grievance procedure, the employer and the Union will make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects.

(3)                 Nothing in this Clause is to be taken to affect:

(a)                 Any different treatment ( or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation;

(b)                 Any different treatment (or treatment having different effects) that is based on inherent requirements of the particular position;

(c)                 An employee, employer, or registered organisation pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission.

27.  OHS GOALS AND OBJECTIVES

(1)                 The employer, employees and the Union are committed to achieving and maintaining a safe and healthy working environment for all employees, visitors and contractors. This goal will be achieved through consultation between management, employees, Safety and Health Representatives and the Union.

(2)                 Consultation and co-operation between the parties will ensure that the goal and the following objectives are achieved:

(a)                 To provide and maintain a working environment that is safe and without risk to health.

(b)                 To provide information, training and supervision to employees to enable them to work safely and maintain a safe, healthy working environment.

(c)                 To provide a system of consultation and co-operation between the parties. This will include the election of Safety and Health Representatives in accordance with legislative requirements.

(d)                 To prevent personal and employer loss from the occurrence of accidents, injury or illness.

(e)                 To assist employees in the event of work related injury or ill health, where practicable, to achieve full recovery.

(f)                  To ensure that the employer’s workplaces comply with Occupational Safety and Health legislative requirements.

(3) The SDA shall, subject to the applicable legislation, be the employer’s preferred provider of Occupational Safety and Health training for Safety and Health Representatives.

28. CHANGE AND REST ROOMS

Adequate change and rest rooms shall be provided by the employer where such are reasonably practicable.

29. FIRST AID

(1) In each establishment the employer shall provide and continuously maintain at a place easily accessible to all employees an adequate First Aid Kit.

(2) An employee holding either a Red Cross or St John Senior First Aid Certificate of at least "A" Level who is appointed by the employer to perform First Aid duties shall be paid $7.50 per week in addition to the employee's ordinary rate. In the case of a non full time employee the weekly allowance prescribed by this clause shall be paid on a pro rata basis proportionate to the number of hours worked.

30. POSTING OF AGREEMENT AND UNION NOTICES

(1) In each establishment, a copy of this Agreement, if supplied by the Union, shall be exhibited by the employer on the business premises in such a place where it may be conveniently and readily seen by each employee employed.

(2)                 The Branch Secretary of the Union, or any other duly accredited representative of the Union, shall be permitted to post notices relating to Union business on a notice board provided by the employer in a place where it may be conveniently and readily seen by each employee.

31. SUPPORTED WAGE SYSTEM

(1) This Clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this Agreement. In the context of this clause, the following definitions will apply:

(i) "Supported Wage System" means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in "Supported Wage System: Guidelines and Assessment Process".

(ii) "Accredited Assessor" means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual's productive capacity within the Supported Wage System.

(iii) "Disability Support Pension" means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

(iv) "Assessment Instrument" means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

(2) Eligibility Criteria

Employees covered by this Clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.

The Clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers' compensation legislation or any provision of this Agreement relating to the rehabilitation of employees who are injured in the course of their current employment.

The Agreement does not apply to the employer in respect of any facility, program, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, unless the employer has received recognition under Section 10 or Section 12A of the Act, or if a part only has received recognition, that part.

(3) Supported Wage Rates

Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this Agreement for the class of work which the person is performing according to the following schedule:

Assessed Capacity   % Of Prescribed Agreement Rate

10%      10%*

20%      20%

30%      30%

40%      40%

50%      50%

60%      60%

70%      70%

80%      80%

90%      90%

(Provided that the minimum amount payable shall not be less than $56.00 per week).

*Where a person's assessed capacity is 10 per cent, they shall receive a high degree of assistance and support.

(4) Assessment of Capacity

For the purpose of establishing the percentage of the Agreement rate to be paid

to an employee under this Agreement, the productive capacity of the employee

will be assessed in accordance with the Supported Wage System and documented in

an assessment instrument by either:

(a) The employer and the Union, in consultation with the employee or, if desired by any of these;

(b) The employer and an accredited assessor from a panel agreed by the employer and the Union.

(5) Lodgement of Assessment Instrument

(a) All assessment instruments under the conditions of this clause, including the appropriate percentage of the Agreement wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Australian Industrial Relations Commission.

(b) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the Agreement, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within ten working days.

(6) Review of Assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

(7) Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this Agreement paid on a pro-rata basis.

(8) Workplace Adjustment

Where the employer wishes to employ a person under the provisions of this clause

it shall take reasonable steps to make changes in the workplace to enhance the

employee's capacity to do the job. Changes may involve redesign of job duties,

working time arrangements and work Organisation in consultation with other

workers in the area.

(9) Trial Period

(a) In order for an adequate assessment of the employee's capacity to be made, the employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

(b) During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

(c) The minimum amount payable to the employee during the trial period shall be no less than $56.00 per week.

(d) Work trials should include induction or training as appropriate to the job being trialed.

(e) Where the employer and an employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause 4 of this Clause. Employees who because of the effects of a disability are eligible for a supported wage shall be assessed and paid in accordance with the provisions of the model clause as provided in the Supported Wage System Test Case Decision (Print L5723 of 1994).

32. LOCATION ALLOWANCES

(1) Subject to the provisions of this clause, in addition to the rates prescribed in the wages clause of this Agreement, an employee shall be paid the following weekly allowances when employed in the towns described hereunder. Provided that where the wages are prescribed as fortnightly rates of pay, these allowances shall be shown as fortnightly allowances.

TOWN      $ PER WEEK

Agnew      16.20

Argyle       42.30

Balladonia     16.10

Barrow Island     27.60

Boulder        6.70

Broome      25.80

Bullfinch       7.70

Carnarvon     13.20

Cockatoo Island     28.40

Coolgardie       6.70

Cue      16.50

Dampier      22.40

Denham      13.20

Derby      26.80

Esperance       4.90

Eucla      18.10

Exmouth     23.20

Fitzroy Crossing     32.40

Goldsworthy     14.50

Halls Creek     37.50

Kalbarri        5.60

Kalgoorlie       6.70

Kambalda       6.70

Karratha      26.60

Koolan Island     28.40

Koolyanobbing       7.70

Kununurra     42.30

Laverton     16.40

Learmonth     23.20

Leinster      16.20

Leonora      16.40

Madura      17.10

Marble Bar     40.50

Meekatharra     14.20

Mount Magnet     17.70

Mundrabilla     17.60

Newman     15.50

Norseman     13.80

Nullagine     40.40

Onslow      27.60

Pannawonica     20.90

Paraburdoo     20.80

Port Hedland     22.20

Ravensthorpe       8.60

Roebourne     30.60

Sandstone     16.20

Shark Bay     13.20

Shay Gap     14.50

Southern Cross       7.70

Telfer      37.60

Teutonic Bore     16.20

Tom Price     20.80

Whim Creek     26.40

Wickham     25.60

Wiluna      16.40

Wittenoom     35.90

Wyndham     39.90

The allowances prescribed by this subclause shall be increased to reflect any higher Location Allowances set from time to time by General Order of the Western Australian Industrial Commission.

(2)                 Except as provided in subclause (3) of this clause, an employee who has:

(a) a dependent shall be paid double the allowance prescribed in subclause (1) of this clause;

(b) a partial dependent shall be paid the allowance prescribed in subclause (1) of this clause plus the difference between that rate and the amount such partial dependent is receiving by way of a district or location allowance.

(3) Where an employee

(a) is provided with board and lodging by the employer, free of charge; or

(b) is provided with an allowance in lieu of board and lodging by virtue of the award or an Order or Agreement made pursuant to the Act;

such employee shall be paid sixty six and two-thirds per cent of the allowances prescribed in subc1ause (1) of this clause. The provisions of paragraph (b) of this subclause shall have effect on and from the 24 July 1990.

(4) Subject to subclause (2) of this clause, Junior employees, casual employees, part-time employees and apprentices receiving less than adult rate and employees employed for less than a full week shall receive that proportion of the location allowance as equates with the proportion that their wage for ordinary hours that week is to the adult rate for the work performed.

(5) Where an employee is on annual leave or receives payment in lieu of annual leave he/she shall be paid for the period of such leave the location allowance to which he/she would ordinarily be entitled.

(6) Where an employee is on long service leave or other approved leave with pay (other than annual leave) he/she shall only be paid location allowance for the period of such leave he/she remains in the location in which he/she is employed.

(7) For the purposes of this clause:

(a) "Dependant" shall mean:

(i) a spouse or de facto spouse; or

(ii) a child where there is no spouse or de facto spouse; who does not receive a district or location allowance, or who, if in receipt of a salary or wage package, receives no consideration for which the location allowance is payable pursuant to the provisions of this clause.

(b) "Partial Dependant" shall mean a "dependent" as prescribed in paragraph (a) of this subclause who receives a district or location allowance which is less than the location allowance prescribed in subclause (1) of this clause or who, if in receipt of a salary or wage package, receives less than full consideration for which the location allowance is payable pursuant to the provisions of this clause.

(8) Where an employee is employed in a town or location not specified in this clause the allowance payable for the purpose of subclause (1) of this clause shall be such amount as may be agreed between Australian Mines and Metals Association, the Chamber of Commerce and Industry of Western Australia and the Trades and Labor Council of Western Australia or, failing such agreement, as may be determined by the Commission.

(9) Subject to the making of a General Order pursuant to Section 50 of the Act, that part of each location allowance representing prices shall be varied from the beginning of the first pay period commencing on or after the first day in July of each year in accordance with the annual percentage change in the Consumer Price Index (excluding housing), for Perth measured to the end of the immediately preceding March quarter, the calculation to be taken to the nearest ten cents.

33. SUPERANNUATION

(1) Statutory Obligations

The employer’s obligation to contribute into an approved superannuation fund, arising out of the provisions of the Superannuation Guarantee Charge Act 1992, shall be made in accordance with the provisions of this clause.

(2) Definitions

(a) "Approved Occupational Superannuation Fund" means a superannuation fund which complies with the Occupational Superannuation Standards Act, 1987.

(b) "Ordinary Time Earnings" means the base classification rate, including supplementary payments where appropriate, in charge rates, shift penalties and any over-award payments, together with any other all purpose allowance or penalty payment for work in ordinary time and shall include in respect to casual employees the appropriate casual loadings prescribed by this Agreement, but shall exclude any payment for overtime worked.

(c)                 “Fund” means the Retail Employees Superannuation Trust (REST) or any other approved occupational superannuation fund into which the employer was contributing on behalf of employees under the terms of this Agreement at the date of certification of this Agreement.

(d)                 “Eligible Employee” means an employee who earns more than $450.00 in any month, and, in the case of an employee aged under 18 years, works an average of at least 30 hours per week.

(3) The employer shall contribute monthly to the fund on behalf of each eligible employee an amount equal to 9% of the employee’s ordinary time earnings or such higher amount as may be required under relevant legislation.

(4)                 The employer shall provide each employee upon commencement of employment with appropriate membership application form(s) for the fund together with any written material explaining the fund and shall forward the completed form(s) to the fund within 14 days of the employee returning the completed form(s) to the employer.

(5)                 (a)              An employee may make personal contributions to the fund in addition to those made by the employer.

(b) An employee who wishes to make such additional contributions must authorise the employer in writing to pay into the fund, from the employee’s wages, a specified amount in accordance with the Trust Deed and Rules of the fund.

(c) Upon receipt of such written authorisation from the employee, the employer shall commence making monthly payments into the fund on behalf of the employee.

(d) An employee may vary his or her additional contributions by written authorisation and the employer shall alter the additional contributions within 14 days of the receipt of the authorisation.

(6)                 Notwithstanding anything contained elsewhere herein which requires that contribution be made to a superannuation fund or scheme in respect of an employee, on and from the date of registration of this Agreement,

(a)                 Any such fund or scheme shall no longer be a complying superannuation fund or scheme for the purposes of this Clause unless-

(i) the fund or scheme is a complying fund or scheme within the meaning of the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth; and

(ii)                under the governing rules of the fund or scheme, contributions may be made by or in respect of the employee permitted to nominate a fund or scheme;

(b)                 The employee shall be entitled to nominate the complying superannuation fund or scheme to which contributions are to be made by or in respect of the employee;

(c)                 The employer shall notify the employee of the entitlement to nominate a complying superannuation fund or scheme as soon as practicable;

(d)                 A nomination or notification of the type referred to in paragraphs (b) and (c) of this subclause shall, subject to the requirements of regulations made pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995, be given in writing to the employer or the employee to whom such is directed;

(e)                 The employee and employer shall be bound by the nomination of the employee unless the employee and employer agree to change the complying superannuation fund or scheme to which contributions are to be made;

(f)                  The employer shall not unreasonably refuse to agree to a change of complying superannuation fund or scheme requested by an employee;

(g)                 Provided that on and from the date of registration of this Agreement, and until an employee thereafter nominates a complying superannuation fund or scheme, the employer shall make contributions to a fund nominated in accordance with this Clause.

34. PARENTAL LEAVE

(1) The provisions of this clause apply to full-time and part-time employees and to eligible casual employees as provided by subclause (13) of this Clause.

(2) Definitions

 For the purposes of this Clause:

(a) Maternity Leave means Parental Leave taken by a female employee who is pregnant or the parent of a child.

(b) Paternity Leave means Parental Leave taken by a male employee who is the parent of a child.

(c) Adoption Leave means Parental Leave taken by a male or female employee on the adoption of a child.

(d) Child means a child of the employee under the age of two years except for adoption of a child where 'child' means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of 6 months or more.

(e) In relation to Maternity  or Paternity Leave, spouse includes a de facto or former spouse.

(f) In relation to Adoption Leave, spouse includes a de facto spouse but does not include a former spouse.

(g) Male employee means an employed male who is caring for a child born of his spouse or a child placed with the employee for adoption purposes.

(h) Female employee means an employed female who is pregnant or is caring for a child she has borne or a child who has been placed with her for adoption purposes.

(i) Former position means the position held by a female or male employee immediately before proceeding on leave or part-time employment under this clause whichever first occurs or, in the case of an employee transferred to a safe job in accordance with subclause 4(f), hereof, the position she held immediately before such transfer.  If such position no longer exists and there are other positions available for which the employee is qualified and the duties of which he or she is capable of performing, former position shall mean a position as nearly comparable in status and pay to that of the position first mentioned in this definition.

(j) Continuous service means service under an unbroken contract of employment and includes:

(1) any period of leave taken in accordance with this clause;

(2) any period of part-time employment worked in accordance with this clause; or

(3) any period of leave or absence authorised by the employer or by this Agreement.

(3) Basic entitlement

(a)                      After 12 months’ continuous service, parents are entitled to a total of 52 weeks unpaid Parental Leave on a shared basis in relation to the birth or adoption of their child.

(b) Parental Leave is to be available to only one parent at a time, in a single unbroken period, except that both parents may simultaneously take an unbroken period of up to 4 weeks at the time of the birth or placement of the child.

(4) Maternity Leave

(a) An employee must provide notice to the employer in advance of the expected date of commencement of Parental Leave. The notice requirements are:

(i) at least 10 weeks prior - advise the employer of the expected date of birth (included in a certificate from a registered medical practitioner stating that the employee is pregnant); and

(ii) at least 4 weeks prior – advise the employer of the date on which the employee proposes to commence Parental Leave and the period of leave to be taken.

(b) When the employee gives notice under paragraph (a) hereof the employee must also provide a statutory declaration stating particulars of any period of Paternity Leave sought by her spouse and that for the period of Maternity Leave she will not engage in any conduct inconsistent with her contract of employment.

(c) An employee will not be in breach of this clause if failure to give the stipulated notice is occasioned by the birth of the child occurring earlier than the expected date.

(d) Where an employee continues to work within the 6 week period immediately prior to the expected date of birth, or where the employee elects to return to work within 6 weeks after the birth of the child, the employer may require the employee to provide a medical certificate stating that she is fit to work on her normal duties.

(e)                       Special Maternity Leave

(i) Where the pregnancy of an employee not then on Maternity Leave terminates after 28 weeks other than by the birth of a living child, the employee may take unpaid Special Maternity Leave and Sick Leave of such periods as a registered medical practitioner certifies are necessary.

(ii) Where an employee is suffering from an illness not related to the direct consequences of the confinement, an employee may take any paid Sick Leave to which she is entitled in lieu of, or in addition to, Special Maternity Leave.

(iii) Where an employee not then on Maternity Leave suffers illness related to her pregnancy, she may take any paid Sick Leave to which she is then entitled and such further unpaid Special Maternity Leave as a registered medical practitioner certifies as necessary before her return to work. The aggregate of paid Sick Leave, Special Maternity Leave and Parental Leave, including Parental Leave taken by a spouse, may not exceed 52 weeks.

(f) Transfer to a safe job

(i) Where an employee is pregnant and, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee will, if the employer deems it practicable, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of Maternity Leave.

(ii) If the transfer to a safe job is not practicable, the employee may elect, or the employer may require the employee to commence Maternity Leave for such period as is certified necessary by a registered medical practitioner.

(5) Paternity Leave

(a) An employee will provide to the employer at least 10 weeks prior to each proposed period of Paternity Leave:

(i) a certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of birth, or states the date on which the birth took place; and

(ii) written notification of the dates on which he proposes to start and finish the period of Paternity Leave; and

(iii) a statutory declaration stating:

(1)  he will take that period of Paternity Leave to become the primary care-giver of a child; and

(2) particulars of any period of Maternity Leave sought or taken by his spouse; and

(3) that for the period of Paternity Leave he will not engage in any conduct inconsistent with his contract of employment.

(b) The employee will not be in breach of  of this clause if the failure to give the required period of notice is because of the birth occurring earlier than expected, the death of the mother of the child, or other compelling circumstances.

(6) Adoption Leave

(a) The employee will notify the employer at least 10 weeks in advance of the date of commencement of Adoption Leave and the period of leave to be taken. An employee may commence Adoption Leave prior to providing such notice where, through circumstances beyond the control of the employee, the adoption of a child takes place earlier.

(b) Before commencing Adoption Leave, an employee will provide the employer with a statutory declaration stating:

(i) the employee is seeking Adoption Leave to become the primary care-giver of the child; and

(ii) particulars of any period of Adoption Leave sought or taken by the employee's spouse; and

(iii) that for the period of Adoption Leave the employee will not engage in any conduct inconsistent with their contract of employment.

(c) The employer may require an employee to provide confirmation from the appropriate government authority of the placement.

(d) Where the placement of a child for adoption with an employee does not proceed or continue, the employee will notify the employer immediately and the employer will nominate a time not exceeding 4 weeks from receipt of notification for the employee's return to work.

(e) An employee will not be in breach of this clause as a consequence of failure to give the stipulated periods of notice if such failure results from a requirement of an adoption agency to accept earlier or later placement of a child, the death of a spouse, or other compelling circumstances.

(f) An employee seeking to adopt a child is entitled to unpaid leave for the purpose of attending any compulsory interviews or examinations as are necessary as part of the adoption procedure. The employee and the employer should agree on the length of the unpaid leave. Where agreement cannot be reached, the employee is entitled to take up to 2 days unpaid leave. Where paid leave is available to the employee, the employer may require the employee to take such leave instead.

(7) Return to work after cancellation of Parental Leave

Where an employee has commenced Parental Leave and loses their child during the period of leave an employee may return to work at any time, as agreed between the employer and the employee provided that time does not exceed 4 weeks from the recommencement date desired by the employee.

(8) Variation of period of Parental Leave

(a) Where an employee has originally applied for less than 52 weeks leave, the employee may extend their leave up to an aggregate of 52 weeks by providing the employer 4 weeks notice.

(b) An employee may shorten their period of leave by agreement with the employer, by giving not less than 4 weeks notice.

(9) Parental Leave and other entitlements

An employee may in lieu of or in conjunction with Parental Leave, access any Annual Leave or Long Service Leave entitlements which they have accrued.

(10) Returning to work after a period of Parental Leave

(a) An employee will notify of their intention to return to work after a period of Parental Leave at least 4 weeks prior to the expiration of the leave.

(b) An employee is able to return on fewer hours than their contracted hours prior to going on Parental Leave, for a period up to the child’s 1st birthday (or 1st anniversary of placement), as provided in subclause (12) of this clause.

Provided that, the hours and rosters to be worked will be agreed between the employer and the employee.

(c) An employee will be entitled to the position that they held immediately before proceeding on Parental Leave. In the case of an employee transferred to a safe job pursuant to subclause 4(f) hereof, the employee will be entitled to return to the position they held immediately before such transfer.

Where such position no longer exists but there are other positions available that the employee is qualified for and is capable of performing, the employee will be entitled to a position as nearly comparable in status and pay to that of their former position.

(d) The employer will consider the family responsibilities of the employee who is returning to work when determining the employee’s roster.

(11) Replacement employees

(a) A replacement employee is an employee specifically engaged or temporarily promoted or transferred, as a result of an employee proceeding on Parental Leave.

(b) Before the employer engages a replacement employee the employer must inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced.

(12) Part-time work

The following provisions apply to full-time and part-time employees only.

(a) Entitlement

(i) An employee may elect to work part-time in one or more periods at any time from the date of birth of the child until the child’s 1st birthday or, in relation to adoption, from the date of placement of the child until the 1st anniversary of the placement.

(ii) By agreement, a female employee may also work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy, necessary or desirable.

(iii) An employee may elect to work part-time in relation to a gradual return to full-time work on return from Parental Leave until the child’s 1st birthday (or 1st anniversary of the child’s placement in the case of adoption).

(b) Return to former position

(i) Following a period of part-time employment as provided in paragraph (a) hereof, an employee has the right to return to his or her former position.

(ii) Nothing in paragraph (a) hereof shall prevent the employer from permitting the employee to return to his or her former position after a second or subsequent period of part-time employment.

(c) Effect of part-time employment on continuous service

Commencement of part-time work under this subclause, and return from part-time work to full-time work under this subclause, shall not break the continuity of service or employment.

(d) Pro-rata entitlements

Subject to the provisions of this clause and the matters agreed to in accordance with paragraph (e) hereof, part-time employment shall be in accordance with the provisions of this Agreement that shall apply pro-rata.

(e) Part-time work agreement

(i) Before commencing a period of part-time employment under this clause the employee shall advise the employer:

(1) that the employee wants to work part-time; and

(2) the period of part-time employment.

(ii) The employee and the employer shall then agree:

(1) upon the hours to be worked by the employee, the days upon which they will be worked and commencing times for the work; and

(2) upon the classification applying to the work to be performed.

(iii) The terms of this agreement may be varied by consent, or in accordance with the relevant rostering principles contained in Clause (9) Hours of Work and Rostering Provisions

(iii)              The terms of this agreement or any variation to it shall be put in writing and retained by the employer.  A copy of the agreement, and any variation to it, shall be provided to the employee by the employer.

(iv) The terms of this agreement shall apply to the part-time employment.

(f) Termination of employment

(i) The employment of a part-time employee under this clause, may be terminated in accordance with the provisions of this Agreement but may not be terminated by the employer because the employee has exercised or proposes to exercise any rights arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause.

(ii) Any termination entitlements payable to an employee whose employment is terminated while working part-time under this clause, or while working full-time after transferring from part-time work under this clause, shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a full-time employee as qualifying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro-rata basis.

(g) Extension of hours of work

The employer may request, but not require, an employee working part-time under this clause to work outside or in excess of the employee's ordinary hours of duty provided for in accordance with paragraph (e) hereof.

(h) Nature of part-time work

Where possible, an employee returning to work part-time under this provision shall perform the work of his or her former position.  Where this is not possible, the work shall be work otherwise performed under this Agreement.

(i) Inconsistent Agreement provisions

An employee may work part-time under this clause irrespective of any other provision of this Agreement which limits or restricts the circumstances in which part-time employment may be worked or the terms upon which it may be worked including provisions prescribing a minimum or maximum number of hours a part-time employee can work.

(j) Replacement employees

(i) A replacement employee is an employee specifically engaged as a result of an employee working part-time under this clause.

(ii) A replacement employee may be employed part-time.  Subject to this clause, paragraphs (d) to (f) and  paragraph (i) hereof apply to the part-time employment of a replacement employee.

(iii) Before the employer engages a replacement employee under this clause, the employer shall inform the person of the temporary nature of the employment and of the rights of the employee who is being replaced.

(13) Eligible casual employees

(a) A casual is entitled to Parental Leave in accordance with the provisions of this clause provided that:

(i) He or she has been employed on a regular and systematic basis for an ongoing period of employment for at least 12 months immediately preceding when the employee proposes to proceed on Parental Leave; and

(ii) Has, but for the pregnancy or the decision to adopt, a reasonable expectation of ongoing employment.

(b) On return from Parental Leave, the casual employee shall be engaged as a casual employee in accordance with the terms of this Agreement.

(c) Nothing in this clause shall operate to vary the nature of employment of the casual employee or affect the employees rights or entitlements following return from Parental Leave in accordance with this clause.

35. JURY SERVICE

A full-time or part-time employee shall be allowed leave when required to attend for jury service. During such leave, an employee shall be paid the difference between the jury service fees received and the employee’s ordinary time earnings (including penalties where applicable) as if working.

To receive payment, an employee shall provide to the employer:

(a)                 Proof of their requirement to attend jury service

(b)                Proof of actual attendance, and,

(c)                 Proof of jury fees received for such service

The employee shall give the employer notice of the requirement to attend as soon as practicable after having received notification to attend for jury duty.

36. TRAINEESHIPS

(1) The National Training Wage Award shall apply in respect of this Agreement and where it refers back to the Award, that shall be read as referring back to this Agreement.

(2) The provision in the National Training Wage Award in respect of overtime or shift penalties 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.

37. INTRODUCTION OF CHANGE

(1) Employer’s Duty to Notify

(a) Where the 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.

(b) "Significant effects" include termination of employment, major changes in the composition, operation or size of the workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration 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 this Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect.

(2) Employer's Duty to Discuss Change

(a) The employer shall discuss with the employees affected and their Union inter alia, the introduction of the changes referred to above, 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.

(b) The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to above.

(c) For the purposes of such discussions, 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 the employer shall not be required to disclose confidential information the disclosure of which would be detrimental to the employer’s interests.

38. REDUNDANCY

(1) Discussions Before Terminations

(a) Where the employer has made a definite decision that it no longer wishes the job the employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the employer shall hold discussions with the employees directly affected and with the Union.

(b) The discussions shall take place as soon as is practicable and shall cover, amongst other matters, the reasons the proposed terminations are required, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.

(c) For the purposes of the discussion the employer shall, as soon as practicable, provide in writing to the employees concerned and the Union, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that the employer shall not be required to disclose confidential information the disclosure of which would be detrimental to its interests.

(2) Transfer to lower paid duties

Where an employee is transferred to lower paid duties for reasons set out in subclause (1) hereof, the employee shall be entitled to the same period of notice of transfer as they would had they been terminated, and the employer may make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing.

(3) Severance Pay

In addition to the period of notice provided in Clause 7 of this Agreement, a permanent employee whose employment is terminated for reasons set out above shall be entitled to the following amount of severance pay in respect of a continuous period of service:

Period of continuous service    Severance Pay

less than 1 year      nil

1 year but less than 2 years    4 week’s pay

2 years but less than 3 years    6 week’s pay

3 years but less than 4 years    7 week’s pay

4 years but less than 5 years    8 week’s pay

  5 years and over      10 week’s pay

"Weeks pay" means the ordinary time rate of pay for the employee concerned.Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee's normal retirement date.

Notwithstanding the scale of severance payments prescribed by this subclause, the parties agree that, in the event that the Australian Industrial Relations Commission determines a new, higher Standard of severance payments during the term of this Agreement, such a higher Standard of payments shall apply to any employees made redundant subsequent to such a Commission decision.

(4) Employee Leaving During Notice

An employee whose employment is terminated for reasons set out in subclause (1) hereof, may terminate his or her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this Clause had he or she remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of the notice period prescribed by subclause (1) of Clause 7 of this Agreement.

(5) Alternative Employment

The employer in a particular redundancy case may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

(6) Time Off During Notice Period

(a) During the period of notice of termination given by the employer an employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or they shall not receive payment for the time absent. For the purpose of this Clause a statutory declaration will be sufficient.

(7) Notice to Centrelink

Where a decision has been made to terminate employees in the circumstances outlined in subclause (1) hereof, the employer shall notify Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

(8) Transmission of Business

(a) Where a business is before or after the date of this Agreement, transmitted from one employer (in this subclause called "the transmitter") to another employer (in this subclause called "the transmittee") and an employee who at the time of such transmission was an employee of the transmitter in that business becomes an employee of the transmittee:

i) The continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and

ii) The period of employment which the employee has had with the transmitter or any prior transmitter shall be deemed to be service of the employee with the transmittee.

(b) In this subclause "business" includes trade, process, business or occupation and includes part of any such business and "transmission" includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and "transmitted" has a corresponding meaning.

(9) Employees with Less Than One Year's Service

This Clause shall not apply to employees with less than one year's continuous service and the general obligation on the employer should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

(10) Employees Exempted

This Clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices, or employees engaged for a specific period of time or for a specified task or tasks.

39. GRIEVANCE PROCEDURE

(1) The purpose of this procedure is to ensure that any disputes, questions, difficulties or grievances are resolved as quickly as possible.

(a) Any dispute or grievance should, in the first instance be discussed by the employee/s affected and the store management.

(b) In the event that the dispute remains unresolved, the employee and an authorised official of the Union should discuss the issue with the store manager and/or Owner.

(c) In the event that the dispute remains unresolved, the Branch Secretary of the Union or his/her nominee should discuss the issue with the employer’s nominated representative.

(2) The parties are committed to the efficient resolution of disputes and will endeavour to ensure that a time limit of two days will apply to each of the steps outlined in subclause (1) hereof.

(3) While the steps outlined in subclause (1) hereof are being followed, the parties undertake to continue work in accordance with the pre-dispute status quo. Neither party will be prejudiced in the outcome of the dispute as a result of the continuance of work pursuant to this Clause provided that the continuance of work in accordance with this subclause shall be subject to the obligation of the employer to provide a safe working environment.

(4) Any party may, at any time, refer an issue in dispute to the Western Australian Industrial Relations Commission for assistance in its resolution provided persons involved in the question, dispute or difficulty have conferred amongst themselves and made reasonable efforts to resolve the questions, dispute or difficulties before taking the matter to the Commission

40. UNION RECOGNITION AND UNION MEMBERSHIP

(1) For the duration of this Agreement the employer recognises that employees who are covered by this Agreement may be represented by the Shop Distributive and Allied Employees' Association of Western Australia. This representation may extend to all terms and conditions of employment, whether those terms and conditions of the employment are subject to this Agreement or not.

(2) It is the policy of the employer that employees subject to this Agreement should be encouraged to join the Shop, Distributive and Allied Employees' Association of Western Australia

41. RIGHT OF ENTRY

 After giving reasonable notice of a visit, a Union Official visiting the employer premises will:

a) Upon arrival at the store, notify the Owner or Manager if available, of the general intent and estimated length of the visit, prior to any discussion with employees;

b) minimise interaction with employees in customer contact areas of the store;

c) discuss issues in detail with employees in non-service areas of the store;

d)             minimise disruption to the general operation of the store;

e) prior to departure, notify the Store Manager of any concerns or issues with the intent of seeking a satisfactory solution including utilisation of the specified grievance procedure wherever appropriate; provided that the employer shall provide reasonable access to employees by the Union.

42. TRADE UNION TRAINING LEAVE

(1) Subject to the following conditions, elected or appointed Union Delegate(s) shall be granted leave with pay to attend courses conducted or approved by the Union which are designed to promote good industrial relations and industrial efficiency provided that:

a) Not more than three paid shifts of such leave shall be allowed in stores with between 10 and 50 employees and not more than five paid shifts of such leave shall be allowed in stores with more than 50 employees, in any calendar year. Any further trade union training leave shall be unpaid and subject to approval by the employer.

b) Untaken paid leave shall not accrue from year to year or be transferred from one store to another.

(2) Application to attend shall be in writing and shall include details of the type and content of the course to be attended and the dates upon which the course is to be conducted. Applications shall be made not less than one calendar month before the intended course, or such lesser period as may be agreed between the employer, the Union and the employee concerned.

(3) Once received, applications shall be granted by the employer on the dates notified by the Union, subject to the employer’s ability to maintain normal store operating requirements. Provided that leave shall not be unreasonably refused.

(4) Only employees who have completed six months continuous service with the employer shall be eligible for leave pursuant to this Clause.

(5) Leave granted pursuant to this Clause shall count as service for all purposes of this Agreement.

(6) Any employee on paid leave in accordance with this Clause shall receive payment for the ordinary hours he or she would have been ordinarily rostered to work during the period of absence.

(7) The employer shall not be required to pay any other costs associated with such leave.

(8) On completion of the course, the employer may require the employee to provide satisfactory proof of attendance at the course.

43.                UNION DELEGATES?

A person elected or appointed as Union Delegate shall, upon notification to the employer, be recognised as the accredited representative of the Union.

The Union Delegate shall have the right to discuss work related matters of concern to any employee or convey information relating to the workplace to employees provided that the Union Delegate does not unduly interfere with work in progress.

The Union Delegate shall also have the right to represent any employee who so requests, in discussions with the employer.

44. SIGNATORIES

Signed for and on behalf of.

The Shop Distributive and Allied Employees’ Association of Western Australia

JOSEPH BULLOCK  

(GENERAL SECRETARY)

         (Signed.)  COMMON SEAL

         _____________________________

         5/11/02

         _____________________________

(DATE)

Signed for and on behalf of

The Shop Distributive and Allied Employees’ Association of Western Australia

MARK BISHOP

(PRESIDENT)

         (Signed)  COMMON SEAL

         ______________________________

         4/11/02

         ______________________________

 (DATE)

Signed for and on behalf of

Philip Ross Harrington and Beryl Margaret Harrington

trading as P.R. & B.M. Harrington

         (Signed)

         ______________________________

         (Signed)                                                                                                                                  ______________________________

         (DATE) 15/10/02