[2013] FWCA 6235
DECISION
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Woolworths Limited T/A Beer Wine & Spirits (BWS)
(AG2013/2389)
BWS ENTERPRISE AGREEMENT 2013
Retail industry
COMMISSIONER BULL
SYDNEY, 28 AUGUST 2013
Application for approval of the BWS Enterprise Agreement 2013.
[1]
An application has been made for approval of an enterprise agreement known as the
BWS Enterprise Agreement 2013 (the Agreement). The application was made pursuant to
s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.
[2]
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to
this application for approval have been met.
[3]
The Shop, Distributive and Allied Employees Association being a bargaining
representative for the Agreement has given notice under s.183 of the Act that it wants the
Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers this
organisation.
[4]
The Agreement is approved. In accordance with s.54(1) the Agreement will operate
from 4 September 2013. The nominal expiry date of the Agreement is 30 June 2016.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<Price code J, AE403500 PR540870>
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BWS Enterprise Agreement 2013
APPLICATION AND OPERATION
PARTl:
1.1
1.2
1.3
1.4
1.5
1.6
1.7
Parties Bound
Date and Period of Operation
No Extra Claims
Savings Clauses
Definitions
BWSVision
Achievement of Company Standards
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EMPLOYEE RElATIONS
PART2:
2.1
2.2
2.3
2.4
Dispute Sett!lng Procedure
Introduction of Change
Confidential Information
Stand Down Procedure
.EMPLOYMENT CATEGORIES
PART3:
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
Full-time Employment
Part-time Employment
Casual Employment
Temporary Weekly Employment
Probationary Period
Continuous Service
Other Employment
Abandonment of Employment
Retail Traineeships
Flexibility of Work
HOURS OF WORK AND RELATED MATTERS
PART4:
4.1
4.2
4.3
4.4
4.5
4.6
4.7
4.8
4.9
4.10
4.11
4.12
4:i3
4.14
Hours of Work
Rosters
Overtime
Call Outs
Transport Reimbursement for After Hours Overtime
Make-Up Time
Multi-Shifts
Meal and Rest Breaks
Drink and Comfort Breaks
Multi-Work Sites
Travelling l1me Reimbursement
Staff Meetings
sare
Workplace Health and Safety
EScort ·
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WAGES, BENEFITS AND OTHER CONDITIONS
PARTS:
5.1
5.2
5.3
5.4
5.5
5.6
5.7
5.8
5.9
5.10
5.11
5.12
5.13
5.14
5.15
Payment of wages
Junior Wage Rates
Classifications
Allowances
Reimbursement ofTransferring Employee's Costs
Superannuation
Mixed Functions
Accident Pay- Victoria Only
Supported Wage Rates
Dress and Presentation Standards and Uniforms
Protective Clothing
Cleaning Duties
lockers
Notice Boards
Breakages and Cash Shortages
Ir
LEAVE AND PUBliC HOLIDAYS
PARTS:
6.1
6.2
6.3
6.4
6.5
6.6
6.7
6.8
6.9
6.10
6.11
6.12
6.13
6.14
Annual leave
Personal leave
Pre-Natal Leave
Unpaid carer's Leave
Compassionate Leave
Unpaid leave
Long Service Leave
Parental leave
Jury Service
Blood Donor Leave
Defence Force Leave
Emergency Services Leave
Natural Disaster Leave
Public Holidays
TERMINATION & REDUNDANCY
PART7:
7.1
7.2
8.1
APPENDIX A;
APPENDIXB:
APPENDIXC:
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Termination cfEmpfoyment
Redundancy
SIGNATORIES
PARTS:
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Signatories
RATES OF PAY
SAVINGS CLAUSES
SAVINGS CLAUSES - WOOLWORTHS LlQ.UOR AGREEMENT 2012
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APPLICATION AND OPERATION
PART!:
1.1
Parties Bound
a)
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This Agreement shall be binding on the employees of Woo[worths Ltd trading <IS BWS and
the Shop, Distributive and Allied Employees' Association in respect of employees engaged in
the classifications of work prescribed in this Agreement, in stores trading as BWS. This
Agreement operates in the classifications contained in this Agreement whether members of
the Shop, Distributive and Allied Employees' Association or not.
b} This Agreement shall apply to all States and Territories of Australia.
c} This Agreement comprehensively regulates the terms and conditions of employment of
employees to whom it applies and operates to the exclusion of any other industrial
agreements, award or notionaf agreements preserving State awards, including in respect of
any protected award conditions which may otherwise apply in respect of employees engaged
under this Agreement.
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d) This Agreement shalf not apply to persons appointed to salaried positrons.
1.2
Date and Period of Operation
This Agreement shall take effect and have the force of law from seven days after it is
approved by the Fair Work Commission and will remain in force until30 June 2016.
1.3 No Extra Claims
It is a term of this Agreement that the Company, Employees and the Union undertake not to
pursue any further claims, Award or over Award during the life of this Agreement.
1.4
Saving Clauses
Any savings provision contained in the BINS Enterprise Agreement 2010 and the Woolworths
Liquor Agreement 2012 which appear to no longer have application have been removed from
the BWS Enterprise Agreement 2013. However should any emp[oyee be receiving the benefit
of a savings provisions contained in the BWS Enterprise Agreement 2010and the Woolworths
liquor Agreement 2012 they will continue to do so
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All other Savings Clauses are sped fred in Appendix Band C.
1.5
Definitions
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a) 'Ordinary pay' for the purpose of this Agreement shall mean the level of remuneration for the
employee's normal average weekly number of hours of work calculated at the ordinary time
rate of pay exclusive of any penalties.
b)
'The Union' shall mean, the Shop, Distributive and Aflied Employees' Association (SDAEA).
c) A Rostered Day Off (ROO) is defined as a day an employee is normally rostered to work
ordinary hours, but is not required to attend for work due to an accumulation of ordinary
hours in advance of such day.
d)
Non rostered working day {NRWD) is a day an employee is not rostered to work ordinary
hours.
e)
A week is defined as Monday to Sunday both days inclusive.
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A day is defined as the 24 hours from 0000 to 2400 hours.
f)
g)
A work roster is defined as the hours an employee is rostered to work ordinary hours on any
day, or combination of days, during the week. A work roster also means an employee's
start/finish times, ordinary days of work and for shift.
h)
A weekly employee is defined as a full-time or part-time employee.
i)
'Base hours' for a Part time employee is their contracted minimum number of hours for each
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four week period.
j)
All references to additional penalties in this Agreement are calculated at the 100% rate of pay.
k}
'Cycle' shafl mean days or hours of work over a period of 4 weeks.
I)
"Immediate family" shall mean:
i.
ii.
A spouse (including de facto spouse or same-sex partner), child, parent, grandparent,
grandchild or sibling of the employee
A child, parent, grandparent, grandchild or sibling of the spouse (Including de facto
spouse or same·sex partner) of the employee
m) "Significant other' means a
6.5(i), (ii) or (iil).
1.6
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dose friend or relative of an employee not listed in clause
BWSVision
BWS has a strategic vision to be a leader in the Liquor industry nationally and will continue to
evolve its business strategy to ensure future business growth and the creation of a distinct
market segmentation.
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Through the adoption of this Agreement, and development of internal people initiatives, BWS
aims to:
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Foster a positive work environment where all employees are encouraged to have positive
and proactive input into delivery of our business objectives;
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Ensure that our employment conditions are contemporary and provide the necessary
flexibility to respond to changing consumer needs;
Provide structured training and development activities which support the growth of our
people and support the achievement of excellence in leadership, customer service, sales
and product awareness;
Continu-e to build our brand and position our business as a market leader and an
attractive employment option for prospective employees.
Achievement of Company Standards
1.7
a)
Meeting Company Standards
Employees wlll be required to meet Company standards on all occasions. This will include
the Company standards regarding job performance, emergency procedures, document
security, honesty, equity, occupational health and safety, prohibiting drinking of alcohol or
taking of illegal drugs and a smoke-free workplace.
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b)
Eq\Jity
BWS is an equal employment opportunity employer. To that end the Company and all
employees are committed to exhibiting the attitudes and behaviours that reflect the core
Company value of equity and to the maintenance of an equitable workplace.
Equity means a 'fair go' for everyone in our workplace, our fellow employees, our customers
and the Company. The principles underpinning equity are:
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treating each other with respect and dignity;
making judgements genuinely based on fairness and merit;
valuing the difference and diversity of people;
eliminating artificial_ unfair and inappropriate barriers, providing
appropriate means to address discrimination and harassment and looking at
opportunities for flexibility when meeting Company requirements consistent
with the agreement.
The Company equity program outlines its and the employees' responsibil[ties In the areas of
discrimination, harassment, and equal employment opportunity,
EMPLOYEE RELATIONS
PART2:
2.1
Dispute Settling Procedure
Step 1
A grievance between an employee and the Employer, including a grievance
in relation to the National Employment Standards except a dispute about
whether the Employer has reasonable business grounds under subsection
65(5) of the Fair Work Act; 2009 ("matter") should be discussed in the first
instance between the employee and the employee's line manager.
Step2
If the matter is stm not resolved the employee may then raise the matter
with the relevant Regional Manger and State Human Resource Manager. At
this stage the employee has the option of enlisting the support of a
representative who may be a Union representative.
Step3
If the matter is not resolved the employee and/or their representative may
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then refer the matter to the relevant General Manager and Divisional
Human Resource Manager.
Step4
StepS
Step6
If the matter has still not been resolved either party may refer it to the Fair
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Work Commission for conciliation.
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if the matter is still not resolved the employee may raise the matter with the
relevant General Manager and Director of Human Resources. In instances
where the employee elects to be represented by the union, the National
Secretary nf the Union shall represent the employee in discussions w!th the
employer's relevant General Manager and Director of Human Resources.
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If after Step 5, there is still no resolution and the employer's Director of
Human Resources and the employee agree or, in instances where the
employee elects to be represented by the union, the employer's Director of
Human Resources and the National Secretary of the Union agree, the matter
may proceed to arbitration by the Fair Work Commission.
The decision of the Fair Work Commission wHI bind the parties, subject to either party exercising a
right of appeal against the decision.
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lt is a term of this Agreement that while the grfevance resolution procedure is being conducted
work shaH continue as normal before the dispute arose unless an employee has a reasonable
concern about an imminent risk to his or her health or safety.
2.2 introduction of Change
a)
b)
Employer's Duty to Notify
Where an employer has made a definite decision to introduce major
changes in production, program, organisation, structure or technology that are
likely to have significant effects on employees, the employer shall notify the
employees who may be affected by the proposed changes and the Union.
ii.
'Significant effects' include termination of employment, major changes in
the composition, operation or size of the employer's workforce or in the skills
required; the elimination or diminution of job opportunities, promotion
opportunities or job tenure; the alternation of hours of work; the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs. Provided that where the Agreement makes provision for
alteration of any of the matters referred to herein an alteration shall be deemed
not to have significant effect
i.
The employer shall discuss with the employees affected and the union, inter alia,
the Introduction of the changes referred to in sub-dause (a) hereof, the effects the
changes are likely to have on employees, measures to avert or mitigate the adverse
effects of such changes on employees and shall give prompt consideration to matters
raised by the employees and/or the union in relation to the changes.
ii.
The discussions shall commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in sub-clause (a}{i)
hereof.
For the purpose of such discussion, the employer shall provide in writing to the
employees concerned and the Union, all relevant information about the changes
induding the nature of the changes proposed; the expected effects of the changes on
employees and any other matters likely to affect employees provided that no
information about individual employees is to be provided to the Union or any
representative of the Union unless required or authorised by law.
Confidentiallnformation
Any trade secret, business information or other like information whether documented or not
of a confidential nature gained by the employee during the course of employment, shall not,
without the specific authority of the employer, be passed on to any person who would be in a
position to use such information to the detriment of the employer.
Nor shall such
information be used for the personal benefit of the employee.
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Employer's Duty to Discuss Change
iii.
2.3
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Stand-down Procedure
The employer may deduct payment for any day an employee cannot usefully be employed
bei::ai.rse of any strike; cir through any breakdown of machinery or any stoppage of work by
any cause arising out of such strike and for which the employer cannot be hefd responsible.
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This does not break the continuity of employment of the employee for the purpose of any
entitlements.
PART 3:
3.1
EMPLOYMENT CATEGORIES
Full-Time Employment
A full-time employee is a person employed by the week to work 152 hours over a four (4)
week cycle with a minimum daily engagement of four (4) hours and a maximum of one (1)
engagement per day.
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Such employee, who is ready willing and available to work In accordance with this Agreement,
shall be .entitled to payment at the relevant rate in accordance with Appendix A together with
any other appropriate penalties specified in this Agreement.
3.2
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Part-time Employment
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A part-time employee is a person employed by the week to work an agreed base number of
hours between a minimum of 40 hours and a maximum of 144 hours over a four (4) week
cycle.
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The minimum engagement for a part-time employee shall be three (3) consecutive hours.
However, for the sole purpose of training, a part-time employee may be engaged for a
minimum of two {2} consecutive hours to a maximum of three {3) occasions after they first
commence employment, and where an employee, who is classified as a level 1 or above,
moves to a higher classification.
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A part-time employee shall be paid the rates of pay prescribed in Appendix A on a pro-rata
basis. A guaranteed minimum number of hours for each four week period will be established
and any ordinary hours worked in excess of that minimum shall be voluntary and be paid for
at ordinary1:ime rates.
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3.2.1
Additional Part-time Hours
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Notwithstanding the above provisions, a part-time employee may be offered Additional hours,
and accept such additional hours on a voluntary basis. Such hours are in addition to a parttime employee's base rostered hours.
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ii. Additional hours shall be paid at the appropriate part-time ordinary hours rate of
pay, inclusive of any additional loadings applicable to such hours.
iii. The working of Add itlonal Hours operates subject to clauses:
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4.1-Hours of Work
4.2 - Rosters
4.3- Overtime
4.6- Meal and Rest Breaks
4.8- Multi-Shifts
5.4.1- Meal Allowance
5.5 - Superannuation
Personal leave
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The working of part-time Additional Hours is subject to the following provisions:
i. Additional Hours are offered on a voluntary basis in addition to a part-time
employee's base rostered hours, up to a maximum of 38 hours in any week.
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Any other Relevant Clauses.
iv. Additional Hours shall not be worked in excess of daily maximum hours or days
elsewhere provided in this Agreement or in excess of an average of 36 hours per
week over a four (4) week cycle, without the payment of overtime.
v. The leave provisions of this Agreement shall apply to part-time employees on a
pro-rata basis,
vi. Where the number of rostered hours varies during any anniversary year (including
where an employee transfers from part-time to full-time employment and viceversa), the employee's Annual Leave entitlements shall be calculated weekly. All
other entitlements shall be calculated on the average number of ordinary hours
worked during the anniversary year.
vil. In the event that a part time employee is not able to work an agreed shift on
account of injury/illness (sick leave), they are entitled to access Personal Leave in
accordance with Clause 6.2- Personal Leave.
viii. An employee can withdraw an agreement to work additional hours at any time.
3,2.2
Part-time in<:rease of Base Hours
A part-time employee who volunteers to work Additional Hours in any anniversary
year of their part time employment, can elect to increase their base hours in the
subsequent anniversary year. This is subject to the following provisions:
i. The increase !n base hours for the subsequent anniversary year shall be
calculated on the average number of Additional Hours worked by the parttime employee over the pr€vious year, calculated on a weekly basis,
li. The increase in base hours is averaged over the subsequent anniversary
year on a weekly basis.
iii. The base hours shall continue to increase on a yearly basis, unless the
part-time employee works only their base hours in an anniversary year.
iv. Where a part time employee increases their base hours, those additional
base hours shall be worked at a time which is suitable to the employee
subject to meeting the needs of the business.
3.2.3
Conversion from Part-time employment to Full-time employment
Where a part-time employee works an average of 35 hours per week, that employee can elect
to convert their part time employment to full time.
3.2.4
Reduction in Part-time Employee Hours
Where there is a demonstrable downturn in business the Company may reduce a part time
employee's hours subject to the following procedure:
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A part-time employee's hours will not be reduced before a casual employee's hours.
ii.
Where there is a business need to reduce hours in a particular area of a store, the
Company will first reduce casual employees' hours in that area.
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iii.
fv.
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vi.
vii.
viii.
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Where the Company needs to further reduce hours and this will necessitate the
reduction of a part-time employee's hours, the Company will first offer to the part~
time employee any alternative hours to be worked in the store, within the
employee's skill and avaflabi!ity. In order to provide alternative hours for the parttime employee, casual employees' hours in other areas of the state may be reduced.
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lfthe Company still needs to reduce hours and this will necessitate the reduction of a
part-time employee's hours, the Company will call for volunteers to reduce hours,
call for volunteers to re-deploy to another store and call for volunteers to take Leave
of Absence including unpaid leave.
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A part-time employee's hours will not be reduced by more than 20% in a part-tlme
employee's anniversary year, nor to below the minimum number of hours for a parttime employee.
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Where additional permanent hours become available in the store and the employee
is suitable for the position where the hours have become avallable, then that
employee will have preference to the additional hours of work ahead of other
employees who have had no reduction in hours, casual employees and new parttime employees.
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The employee must be advised that they have the right to notify the Union of any
proposed reduction in hours by the Company, pursuant to this clause. Any such
reduction in hours must be with the written agreement of the affected employee and
if requested by the employee, the Unlon.
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3.3
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If the required reduction in hours has still not been met and the affected employee
so invites, the Union will have discussions with the employees potentially affected
and the employer to see if any agreement can be reached on a reduction in hours.
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Casual Employment
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A casual employment is by the hour and casual employees shall be ready, willing and able to
work for not more than 38 hours per week and for not more six (6) days, with a minimum
daily engagement of three (3} hours.
Where a casual employee first commences with BWS, or where an employee who is engaged
at Levell classification moves to a higher classification, the employee may be engaged for a
minimum of two (2} consecutive hours to a maximum of three {3) occasions for the sole
purpose of training.
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Where a casual leaves early due tl:l illness payment will be for hours worked only. Except as
specifically provided elsewhere in this agreement casual employees shall receive 120% of the
ordinary hourly rate for all hours worked. The loadings payable to casual employees reflects
the casual nature of their employment and is paid in lieu of paid leave as specified in this
Agreement.
3.4
ii)
The Company may engage new, or existing employees as temporary weekly
employees on either a full-time or part-time basis.
A temporary weekly employee is an employee who is engaged for a specific
period of not more than 52 weeks nor less than four {4) weeks for any one engagement
provided that such periods of temporary weekly employment shall not run consecutively.
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Temporary Weekly Employment
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3,5
iii)
In instances of covering Annual Leave or Personal leave reliefs, the minimum
engagement shall be one (1) week. Where an employee is engaged as a temporary
weekly employee in instances of Parental leave, the employee may be engaged for a
total maximum period ofl04 weeks.
iv)
Prior to commencement of a period of temporary weekly employment, the
employee shall be advised in writing of the nature of work, the hours to be worked and
the commencement and cessation dates of the temporary weekly employment.
v)
It shall be voluntary for an existing employee to accept temporary full-time or
part-time employment.
vi)
A temporary weekly employee sh<:~ll receive all the benefits which apply to a
weekly employee and shall be paid a proportionate annual leave entitlement at the tim.e
of termination. Any Personal leave accrued while engaged as a Temporary weekly
employee wifl remain with the employee until it is used by the employee or ceases upon
the termination of employment.
vii)
An employee who accepts a change to temporary employment shall not be
disadvantaged in respect to their terms and conditions of employment.
viii)
Where temporary employment is offered and accepted by persons already in the
employment of the Company those employees shall not lose any ex1sting rights or
entitlements they may have.
ix)
Where an existing weekly employee carrfes their employment contract to a
temporary weekly employment contract, such an employee shall, at the conclusion of the
temporary weekly employment, revert to a position of employment which is no less
advantageous to the employee to that which existed Immediately prior to the temporary
weekly employment.
x)
Any temporary employment in the case of an employee already in employment
with the Company shall be continuous for all purposes of the Agreement including length
of service.
Probationary Period
BWS may engage employees as full time employees, part time employees or casual
employees. Employment during the first 6 months of service shall be probationary. If an
employee has transferred from any other part of Woolworths Ltd or from within BWS to a
different role within BWS, any previous service with Woofworths ltd will count as service with
BWS for a!I purposes of the Agreement.
The Company or the employee may terminate the employee's employment during the
probationary period by giving the period of notice prescribed in Clause 7.1- Termination of
Employment.
3.6
Continuous Service
Continuous Service shall for the purpose of annual leave accruals include all service with the
Company from the date of engagement, but shall not include in any anniversary year of
accrual:
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Unauthorised absences of one week or more;
Authorised unpaid leave of absences of one week or more;
Any authorised unpaid absence of one week or more due to sickness or accident.
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3.7
Other Employment
Employees must not, without the written consent of the employer, undertake other paid
employment which will conflict with the interests of the employer, or which may impair the
employee's ability to complete their normal work duties, to the full satisfaction of the
employer.
Abandonment of Employment
3.8
Where an employee proceeds on unauthorised leave or is absentfrom work for a continuous
period exceeding three (3) rostered shifts, without any just cause or without the consent of
the Company or without notification to the Company, it shall be taken that the employee has
abandoned employment and the Company will be entitled to treat the employment as having
been terminated.
Retail Traineeships
3.9
a)
The National Training Wage Agreement shalf apply in respect of this Agreement and
\Nhere it refers back to the Agreement that shall be read as referring back to this
Agreement. However, wages for Retail Trainees w111 be at the Agreement wage rate
applicable for the employee's age.
b)
The provision in the National Training Wage Agreement in respect of overtime shall
be read to mean that the hourly rate of pay for the purposes of ealculation of overtime
or shift penalties is the hourly rate applicable to the relevant age as prescribed in this
Agreement.
c)
Upon successful completion of a Traineeship (New Apprenticeship) program, and
meeting BWS performance criteria, the employee shall be offered on-going permanent
employment with BWS for at least as many hours as they spent on the job (on an
average per week basis) during theirTralneeship. Provided the employee is available to
work their previous roster or some other agreed roster.
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Flexibility of Work
3.10
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SubJect to the provisions of this clause the Company may direct an employee to carry out
and the employee shall perform such duties as are either within the limits of the
employee's skill, competence and training. Employees may also be required to perform
duties under supervision for which training !s being given.
Employees shall take all reasonable steps to achieve quality, accuracy and completion of
any job or task <Jssigned to the employee.
Employees shall not impose any restrictions or limitations on <l reasonable review of work
methods or standard work times. All reviews carried out by the Company wm take into
account the potential impact on Occupational Health and Safety. Where possible this will
be done in consultation with the workforce.
PART 4:
HOURS OF WORK AND RELATED MATTERS
4.1
HoursofWork
a)
Ordinary hours may be rostered on any day at any time Monday to Sunday.
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The spread of hours is as fortaws:
Monday to Friday
Saturday
Sunday
6.00 a.m. -10.00 p.m.
7.00 a.m. -10.00 p.m.
8:00a.m.- 8.00 p.m.
b)
For weekly employees, ordinary hours worked outside the above spread of hours Monday to
Saturday 130% of the ordinary hourly rate shall be payable. Casuals will be paid at the rate of
150% of the ordinary hourfy rate.
c)
for weekly employees, ordinary hours worked on Sunday 150% of the ordinary rate shall be
payable. Casuals will be paid at the rate of 170% oft he ordinary hourly rate.
d)
For weekly employees, all hours worked outside the above spread of hours on a Sunday, 200%
of the ordinary hourly rate shaH be payable. Casual employees shall be paid 220% of the
ordinary hourly rate for all hours worked on a Sunday outside the spread of hours.
4.2
Rosters
a)
An employee may be rostered to work up to a maximum of nine ordinary hours on any day
(excluding meal breaks) provided:
I.An employee may be: rostered up to a maximum of eleven ordinary hours on not
more than one day in a week or three days in a fortnight
ii.The above daily maximums shan be exclusive of unpaid meal breaks.
ili.Notwithstanding subclause a (i) subject to the operational needs of the business
an employee may work up to eleven hours in ordinary time on more than one
day per week or three per fortnight provided the employee requests in
writing the additional long days.
b}
A part time employee shall be rostered to work his or her ordinary hours on no more than
twenty days in any 28-day roster cycle.
c)
All rosters for full-time employees shalf provide 152 ordinary hours on not more than 19
working days in any four (4) week cycle, unless specific written agreement exists for work on
20 days, between the employee and the company.
d)
New full-time employees will be offered two rosters; one roster with an ROO and another
without an ROO, with the employee to choose their preferred roster.
e)
A 19 day roster which rs offered as an alternative to a 2.0 day roster to an existing or new
employee should not be unnecessarily different to the 20 day roster.
f)
Any full-time employee working a roster without an ROO can, at their election at any time,
tonvert to an ROO roster with one (1) month's notice to the Company.
The rostered hours of weekly employees shall be worked on not more than five (5) days in
each week, provided that rostered hours may be worked on six (6) days in one week if In the
following week rostered hours are worked on not more than four (4) days.
g)
h]
Full·time and part-tlme employees shall be rostered in such a way that they shall receive at
least two (2} consecutive days {)ff per week or three {3) per fortnight. At least once in every
two {2) weeks an employee shall be granted two {2) consecutive days off, which shall be a
Fri/S<:~t, Sat/Sun or Sun/Man, unless mutually agreed otherwise.
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Employees may be asked to work a maximum of three (3) Sundays in four (4). However, an
employee may elect to work every Sunday and by mutual agreement may do so provided that
all other rostering provisions continue to apply. Where an employee works three (3) Sundays
they shall receive a three (3) day break including Saturday and Sunday unless otherwise
agreed.
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There shall be not less than a 10 hours break between finishing work {including overtime) on
one day and the commencement of work on the next day. If on the instructions of the
Company the employee resumes or continues to work without having a 10 hour break, the
employee shalt be paid at the appropriate overtime rate until released from duty for such 10
hour break, and the employee shall then be entitled to be absent unti! the employee has had
a 10 hour break, without the loss of pay for ordinary working time occurring during such
absence.
k}
I}
This clause shall not apply to the break between additional shifts worked in accordance with
Clause4.7.
No employee shall be rostered to work more than six (6) consecutive days.
m)
Full-time employees, and part-time employees who work 20 starts in a Cyde, may request,
wlth the provision of 14-days notice, at least one (1} Saturday/Sunday off every four (4}
weeks. Such requests will not be unreasonably refused where the notification period
stipulated Is provided by the employee.
n)
The setting and changing of rosters {excluding casuals); rosters and starting and iinishing
times shall be set over the roster cycle and can be changed:
i.
By fourteen days' written notice;
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In the case of unforeseen circumstances by 24 hours' notice; or
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At shorter notice by mutual consent;
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iv.
o)
The Company will at times need to make roster changes. The Company
will be mindful of the employee's needs, including family responsibilities,
secondary and tertiary study commitments, religious observance, genuine
existing sporting commitments in which the employee is actively
participating, and have scheduled attendance times of a competitive
nature and safe transport home, when contemplating such roster
changes.
An employee's roster may not be continually changed at the end of each cycle or changed
with the intent of avoiding payment of penalties, loadings or other benefits applicable. Should
such circumstances arise the employee shall be entitled to such penalty, loading or benefit as
if the roster had not been changed. Hours of work shalf be continuous except for meal breaks.
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p)
Weekly employees shall be notified in writing of their weekly and daily working hours,
q)
Employees may swap rostered shifts with other employees in the same store provided:
i. The shifts are of the exact same length; and
It is by mutual written agreement between the employees concerned; and
ii.
iii.
Management have approved in writing the swap of shifts before they occur.
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iv.The employees concerned will be paid for the actual time worked including any
penalties and allowances applicable.
r)
A copy of the rosters shall be placed in a prominent position on the BWS premise.
Overtime
4.3
a)
Entitlements
BWS may require an employee to work reasonable overtime at appropriate overt1me
rates other than on a public holiday.
b)
c}
All employees shall be entitled to the payment of authorised overtime when:
i.
Weekly employees are required to work before the commencement
time or after the finish time of their rostered shift.
ii,
A full-time employee works in excess of 152 hours in any four (4) week
cycle.
iii.
A part-time employee works in excess of 144 hours in any four {4) week
cycle or 38 hours in any one (1) week.
iv.
A weekly employee works in excess of five days in any week (or six days
in accordance with Clause 4(g).
v.
A part-time employee works in excess of twenty days in any four (4)
week cycle.
vi.
A full time employee works in excess of twenty days per four (4) week
cycle or nineteen days for full time employees working a nineteen day
four (4) week cycle.
vii.
Working outside the span of hours prescribed in Clause 4.1 unless
rostered to work ordinary hours.
viii.
A weekly employee works in excess of the ordinary hours specified in
clause 4.1{al
ix.
A full-time or part-time employee is working a non-rostered shift
Overtime shall be paid at the folfowtng rates:
WorkDay{s}
Monday to Saturday
Monday to Saturday
Sunday
Times
First Two (2) Hours of Overtime
After FirstTwo (2) Hours of
Overtime
AU Overtime
Rate
150%
200%
200%
** Each day will stand alone- Overtime will be treated on a daily basis and will be non-cumulative.
d)
When requesting reasonable overtime of an employee, the Company will have
regards to any risk to employee health and safety and family responsibilities.
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4.4 .
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Travel costs incurred shall be paid for in accordance with Clause 5.4.3.
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4.5
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Make-Up Tlme
Full-time and part-time employees who are unable to work a part of their ordinary rostered
hours due to some unforeseen pressing family matter, may elect, with the mutual agreement
of the liquor Manager to make up the number of hours lost, at some arranged time
convenient to the Company, within the next 28 days.
4.7
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Transport Reimbursement for After Hours Overtime
Where an employee is asked by the Company to work overtime and that overtime goes
beyond their normal finishing time and falls between lOpm and 7am and there is no regular
means of transport available, then the Company will reimburse the employee for the cost of a
taxi fare from their place of employment to the employee's usual place of residence. This wiH
not apply if the Company provides or arranges proper transportation to the employee's usual
place of residence at no cost to the employee. Provided always that an employee may elect
to provide their own transport at no cost to the Company.
4.6
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Where an employee is required to attend the store after normal trading hours due to an
alarm call-out, the employee shall be paid the applicable. overtime rate with a minimum
payment of three {3) hours. Payment for time worked wilf be calculated from ·the time the
employee leaves their usual place of residence until the time they return home.
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Multi-Shifts
A part-time or casual employee may be engaged, on a voluntary basis, on an additional shift
each day provided:
!··.
i.
ii.
iii.
iv.
v.
vi.
vii.
There are no more than two (2) engagements on anyone day;
A minimum of three {3) hours work shall apply for the original rostered shift
and a minimum of three (3) hours for the additional shift;
There shall be a minimum break of two (2) hours between shifts
The maximum hours of work prescribed in this Agreement shall apply
Where a second engagement occurs on any one day, a 10 hour break shall
be observed between the cessation of work on that second shift and the
commencement of the next shift.
The first shift and the additional shift will count as one start for the purposes
of other rostering provisions.
The employee may revoke such agreement with one week's written notice.
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4.8 Meal and Rest Breaks
a)
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shall work for more than five (5) hours continuously without an unpaid
meal break. An employee may choose to work up to six (6) hours continuously
without a meal break.
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No employee
b)
Any meal break shall be 30 minutes however an employee may elect to have a meal
break between 45·60 min1.1tes.
c)
Employees who work for four (4} hours or more shall be entitled to a paid rest break
of fifteen (15) minutes and employees who work seven hours or more will be entitled
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to a second paid rest break of fifteen (15} minutes. The period of the break shall be
inclusive of reasonable wa Iking time.
d)
4.9
The taking of a rest break shall be at a mutually agreed time. If the work per!od
includes a meal break and a rest break the tea break is to be granted in that portion
of the work period which is greater. Unless requested by the employee no rest break
or meal break shall be given or taken within one and a half hours (1.5} of the
employee's commencing time or within one hour of an employee's ceasing time or
within one hour (1) before or after any meal.
e)
By mutual agreement an employee may forego a second rest break for an earlier
cessation of work.
f)
Where an employee is working alone on a shift and makes an election which is
agreed to by the Uquor Manager, they will maintain customer service during the rest
break and meal break. Such breaks shalf be paid for and counted as time worked.
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Drink and Comfort Breaks
{a}
Employees will be allowed to have a tollet break or may get a drink of water,
irrespective of an entitlement to a rest period, subject to H: not impacting on
customer service.
{bl
Employees working in BWS sites may keep bottled water with them, provided that:(i) Water bottles are plastic and have screw tops or pop up tops;
(ii) Drinks are taken discreetly and in between serving customers; and
(iH} Water bottles are hygienic and are removed at the end of an
employee's shift
L.
4.10 Mu!tl-WorkSites
a)
At the commencement of employment empfoyees may be engaged to work
complete shifts at more than one work site without a travel allowance having to be
paid. Such work sites will be nominated at the time of the employee commences
employment.
b)
Existing employees may also voluntarily agree to work across multiple work sites .. In
such cases, the agreed additional work sites wi!l be recorded on their employment
records.
c)
Employees may be rostered to work temporarily at a different nominated work site
for a complete shift. A travelling time reimbursement is payable in accordance with
Clause 4.7.1 and a travelling allowance is payable in a<:cordance with Clause 5.4 if
travel to the alternative site creates additional costs to the employee.
d)
/my employee required to work at an alternative work site in an emergency situation
shall have such travelling time counted as paid ordinary time and the provisions of
Clause 5.4 shall apply.
e)
Transfers between stores for an employee shall be voluntary.
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4.11
Travelling Time Reimbursement
Where an employee is asked by the Company to work at a place away from their usual
placement of employment, all time reasonably spent in reaching and returning from such
place (in excess of the time normally spent travelling to their home store and returning)
will be a paid travelling time and also any fares reasonably incurred in excess if those
normally incurred in travelling between their usual residence and home s1ore.
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Travelling time will he paid at the emptoyee's ordinary time rate except on sundays and
Public Holidays which will be paid at the rate of time and half.
4.12
Staff Meetings
An staff meetings shall be paid and on not more than six {6) occasions per calendar year
employees may be required to attend such staff meetings. These meetings will be paid at
the rate applicable In the Agreement with a minimum payment of one (1) hour.
4.13
Safe Escort
In stores where three or more staff are employed on a shift and where safetY concerns
exist and an employee requests, the Company shall provide, after sunset, a safe escort for
an employee to their car or other mode of transport.
Workplace Hea[th and Safety
4.14
a.
It Is recognised that safety is a prime responsibility of every employee and the Company.
b.
The Company recognises an obligation to provide a safe working environment, to provide the
necessary {adequate; safety equipment, to provide training for employees in safe operating
procedures and to establish and enforce safety guidelines at all times. If the Company
proposes any renovations or major changes to equipment, substances or work practices in
any section/department of a store that could reasonably be expected to affect the h.ealth and
safety of employees, the Company will notify and consult wlth Occupational Health and Safety
Representatives, employees affected and the Union.
c.
The Company and the Union are committed to enabling all employees to receive appropriate
OH&S training. Occupatronal Health and Safety representatives will be given paid leave to
attend appropriate OH&S training courses as stipulated ln the relevant legislation.
d.
The Company is committed to their process for the occupational rehabilitation of employees
affected by occupation injury and/or illness which arms to return these employees to their
pre-injury duties.
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e. The CQmpany undertakes to consult with the employees and if the employee so chooses their
union representative, in regards to the employee's rehabilitation program.
f.
The Union and the Company agree that health and safety in the workplace is an issue of
importance which should be dealt with on a non-protagonist basis in order to fulfil the
requirements of the applicable State or Federal Workplace Health and Safety Act, and all
other applicable legislation.
g.
Training of store appointed first aid attendants will be paid by the Company and shall be done
In rostered work time.
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5.2
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WAGES, BENEFITS AND OTHER CONDITIONS
PART 5:
5.1
),
Payment of Wages
i.
Wages and overtime for the week Monday to Sunday wiil be paid on the same
day of each week. Payment will be made by Electronic Funds Transfer (EFT). In
the case of full-time employees the wage paid will be calculated as an average of
the ordinary hours for the four (4) week cycle.
ii.
Where employment is terminated an employee shall be paid all ordinary wages
and all overtime and other monies due by E.f.T. no later than on the next pay
d<JY or within seven (7) days of the date oft he termination of employment.
iii.
The Company shaH pay wages within three {3) days of the end of each pay
period.
Junior Wage Rates
Junior employees shall receive the following percentages of the appropriate adult rate of
pay prescribed in Appendix A:
Age
At 18 years of age
At 19 years of age
At 20 years of age
5.3
Percentage
70%
80%
100%
Classifications
5.3.1 - Levels
Levell- Sales Assistant (100%)
The duties of a Sales Assistant will include, but are not limited to:
•
Selling;
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a
Manual Handling
• Cash Handling
• Merchandising
Level2- Senior Sales Assistant (105%)
The duties of a Senior Sales Assistant will include, but are not limited to:
~
Selling;
" Customer Service
" Manual Handling
• Cash Handling
a
Merchandising
• Resolving Customer Queries
• Administration
Staff Training
• Allocation ofWorkto Levell staff
Appointment to the Level2 Classification will be at the discretion ofthe Company.
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· 5.3.2- Transitianed Retail Employee Grade 2 WOW Liquor Employees
This subclause applies to employees who, immediately before the commencement of the
operations of this Agreement, were covered by the Woolworths liquor Agreement 2012 and
classified as a Retail Employee Grade 2.
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Employees to whom this subclause applies will be dassified as a level 1 - Sales Assistant
under this Agreement.
5.3.3- Transltioned Retail Employee Grade 3 WOW Liquor Employees
This subclause appties to employees who, immediately before the commencement of the
operations of this Agreement, were covered by the Woolworths liquor Agreement 2012 and
who were classified as a Retail Employee Grade 3 or above.
L
Employees to whom this subclause applies wm be classified as a Level 2 - Senior Sales
Assistant under this Agreement.
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Employees who, immediately before the commencement of this Agreement, were covered by
the Woolworths liquor Agreement 2012 and were classified as a:
•
Retail Employee Grade 3 (b) and above in all States and Territories; or
Retail Employee Grade 3 in Vlctoria
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are entitled to the rate of pay in accordance with Schedule A..
5.4 Allowances
5.4.1
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Meal Allowance
An employee required to work more than one hour of overtime after their rostered time
of ending work, where the employee was not given notice on the previous day of such
overtime, shall be paid a meal allowance as follows.
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From the first pay period to commente on or after the dates shown below:
Date Agreement
Takes Effect
$16.24
5.4.2
Froml/7/14
Froml/7/15
$16.73
$17.23
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Liquor Licence Allowance
An employee who is required by the Company to hold a liquor licence as the Licensee under
a relevant State or Territory Jaw will be paid the following weekly allowance:
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Date Agreement
Takes Effect
From 1/7/14
From 1/7/15
$27.51
$28.33
$29.18
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5.4.3
Travelling Allowance and Transport of Employees
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• Where the company requests an employee use their own motor vehicle in the
performance of their duties such employee will be paid the rate per kilometre
contained below; or
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• Where an employee is required to work in another work site in an emergency
sftuatiol'l they shall be entitled to either:
1. The cost of additional fares if public transport is used; or
ii. Any additional cost for the use of a vehide wilt be calculated as follows:
Date Agreement
Takes Effect
85 Cents per kilometre
Froml/7/14
Froml/7/15
88 Cents per kilometre
91 Cents per kilometre
First Aid Allowance
5.4.4
Where an employee who holds an appropriate and valid First Aid Qualification, and is
appointed by the Company to perform First Aid duties, the employee shall be paid an
allowam:e per hour, for every hour worked as fo!lows:
Date Agreement
From 1/7/14
Froml/7/15
$0.33
$0.34
Takes Effect
Per Hour
$0.32
Cold Work Disability Allowance
5.4.5
This allowance is only applicable to former Woo!worths liquor department sites now
trading as BWS.
Victoria
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Employees principally employed on any day to enter cold chambers and/or
stock and refill refrigerated storage such as dairy cases or freezer cabinets shall
be paid 23 cents per hour or part thereof whilst so employed.
b} Provided that an employee required to work in a cold chamber, where the
temperature is below 0 degrees Celsius, shall be paid in addition to the rate
prescribed in paragraph (a) above 34 cents per hour. An aggregate of 20
minutes in the hour shall be regarded as one hours work.
South Australia
a) Employees principally employed on any day to enter cold chambers and/or to
stock and refill refrigerated storages such as dairy cases or freezer cab1nets shall
be paid the following allowance per hour or part thereof whilst so employedi
and
Per Hour
·1July2013
1luly2014
1July2015
$0.31
$0.32
$0.33
b) An employee required to work in a co!d chamber where the temperature is less
than 0°c shall be paid the following allowance per hour. (An aggregate of 20
minutes in the hnur shall be regarded as one hour's work):
20
Per Hour
5.5
1July2013
1July2014
1July2015
$0.59
$0.60
$0.62
Reimbursement of Transferring Employee's Costs
Where, at the instigation of the Company, an employee is transferred from one store in a
primary locality to another store in a secondary locality where excessive normal travel
requires the employee to relocate, the employer will be responsible for, and will pay the
removalist expenses for household goods, including fares and transport charges for the
employee and the employee's immediate family or members of the employee's household
who reside with the employee atthe time of transfer.
5.6
Superannuation
a)
Superannuation will be provided by the Company to eligible employees thro1.1gh:-
i.
Retail Employees Superannuation Trust (REST) and the Company will
participate in REST in accordance with the trust deed and rules governing
REST from time to time ("REST Trust Deed"); or
ii.
REST and Woolworths Group Superannuation Plan ("Woolworths Super") a
Sub Plan (No 9056815} of the AMP Superannuation Savings Trust but only
where an existing employee (as at 1 April1997) was a member of both these
funds as at that date (in accordance with REST Trust Deed and the Plan rules
governing Woolworths Super from time to time); or
iii.
Tasplan for employees employed in Tasmania.
There will be no new entrants to Woolworths Super after 1 April1997.
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b)
For the purpose of this clause an eligible employee is one who:
i.
earns $450 or more in ordinary time earnings In any month;
ii.
In the case of an employee aged below 18 years, works at least 30 hours per
week.
"Ordinary Time Earnings" shall be defined as that set out by the Australian Taxation Office's
recent draft ruling on Ordinary Time Earnings.
c)
lt is the intention of the parties to this Agreement that the provision of s1.1perannuation
benefits for eligible employees who are \:OVered by this enterprise agreement will be through
the three funds only, outlined in Clause 5.6 {a} and this Agreement overrides the
requirements to provide employees with a choice of superannuation funds under the
Superannuation Guarantee legislation.
d)
Subject to the above, where an employee is only a member of REST (or Tasplan in Tasmania),
the Company will contribute to REST (or Tasplan) on behalf of each eligible employee the
contributions listed below, based on the employee's ordinary time earnings or such other
percentage consistent with the Superannuation Guarantee legislation.
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Employer Contribution
Date
From the First Fulr Pay Period Occurring
on or after 1 July 2013
From the First Full Pay Period Occurring
on or after 1 July 2014
From the First Full Pay Period Occurring
on or after 1 July 2015
9.25%
9.50%
10%
Such contributions to REST (or Tasplan) shaH be made on a monthly basis.
e)
f)
g)
Where the employee is a member of both REST (or Tasplan in Tasmania) and
Woolworths Super, the Company will maintain its current contribution to REST {or
Tasplan} of 3% of ordinary time earnings with the balance of the contributions required
to ensure the Company meets its superannuation guarantee obtigations and its
obligations under the Woolworths Super Trust Deed being made fnto Woolworths
Super.
The Company shall provide each eligible employee upon commencement of
employment with the appropriate membership application form(s) for REST (or Tasplan
for Tasmania).
In respect of additional contributions to REST, Tasplan or Woolworths Super;
r. An eligible employee may make personal contributions to REST, Tasplan or
Woolworths Super in addition to those made by the Company.
ii. An employee who wishes to make such additional contributions must do
so in writing.
iii. Upon receipt of written authorisation from the employee, the Company
shall commence making monthly payments to REST, Tasplan or Woolworths
Super on behalf of the employee.
iv. An employee may vary the amount of his or her additional contributions
twice each year, in writing and the Company shaH alter the additional
contributions within 14 days of recel pt of such authorisation.
v. Additional post tax employee contributions to REST, Tasplan ot
Woolworths Super requested under this subclause must be expressed in
whole dollars.
h) Any existing Woolworths Limited EBA employee who joins BWS and is a member of a
superannuation fund other than REST may elect to remain a member of that fund and
all of the employee's superannuation entitlements shall continue to be directed on a
monthly basis to that fund.
i)
An employee may direct the Company to pay a portion of the employee's wages into
REST, Tasplan or Woolworths Super for the benefit of the employee in the form of
additional salary sacrifice contributions. Salary Sacrifice contributions are classified as
concessional contributions which are subject to concessional taxation limits (caps)
imposed by the Australian Taxation Office. Any amount paid in accordance with such a
direction is deemed to be paid in satisfaction of the Company's obligation to pay the
wages set out in this Agreement. Accordingly no breach of this Agreement will occur if
the actual wages paid to the employee fall below the rates set by this Agreement solely
because of the Company paying additional superannuation contributions under this
clause on a pre-tax basis. Where an employee elects to salary sacrifice, overtime rates,
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loadings1 termination payments and the 9% Company superannuation contributions will
be based on the employee's pre-sacrifice wage. Additional salary sacrifice contributions
win be made in accordance with subclause (i} to (v) of Clause 5.6 {g)
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The employee is able to start or stop salary sacrifice contributions at any time during a
financial year.
5.7
An employee shalf not suffer any reduction In wages during any week by reason of their havlng
been put to work for a part tJf such week at a classification lower than that under which they were
engaged or deemed to be working.
If following an injury an employee receives compensation under the applicable State
legislation, then that compensation payment shaH be increased by the employer to the
amount of the usual weekly rate for the average rostered hours worked by the employee
at the time of the accident. This payment made by the employer will be limited to a
maximum of39 weeks.
b) The provisions of this Clause shall not apply in respect of any injury during the first
fourteen consecutive days (including non-working days) of incapacity.
Supported Wage Rates
a)
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a)
5.9
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Mixed Functions
Where an employee is put to work temporarily at a classification higher than that under which
they were engaged or deemed to be working for more than two (2) ht~urs on any day, they shall be
paid at the rate prescribed for such higher classification for the whofe of the shift. Should the
employee work at such higher classification for two (2) hours or Jess, they will be paid at the rate
prescribed for such higher classification for the hours worked at the higher classification. Such
shift must be approved by management.
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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 Agreement wages because
of a disability, as documented in "[Supported Wage System: Guidelines and
Assessment Process]"
ll.
'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 sec:.urity for persons wtth 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 persons to be
employed under the Supported Wage System.
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b) Eligibility Criteria
i.
Employees covered by this Clause wHI be those who are uri able 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
the!r productive capacity and who meet the impairment criteria for receipt of a
Disability Support Pension.
fl.
(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).
Hi. The Agreement does not apply to employers in respect of their facility, program,
undertaking service or the like which receives funding under the Disability Services
Act 1986 and fulfils the dual role of seNice provider and. sheltered employer to
people with disabilities who are in receipt of or are eiigihle for a disability support
pension, except with respect to an Organisation which has received recognition
under the Act.
c} Supported Wage Rates
i. Employees to whom this Clause applies shall be paid the applicable percentage of
the minimum rate af pay prescribed by this Agreement for the class of work which
the person is performing according to the following schedule:
%of prescribed Agreement rate
Assessed Capacity
(subclause (d)}
10%
20%
30%
40%
10%"
20%
30%
40%
50%
60%
70%
80%
90%
50%
60%
70%
80%
90%
{Provided that the minimum amount payable shall be not less than $77 per week).
Where a person's assessed capacity is 10%, they shall receive a high degree of assistance
and support.
d) 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:
i.
the employer and the Union in consultation with the employee or, if desired
by any of these;
ii.
the employer and an accredited ASsessor from a panel agreed by the parties
to the Agreement and the employee.
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e) Lodgement of Assessment Instrument
i.
All assessment instruments under" the conditions of this Clause, inc:luding
the appropriate percentage of the Agreement wage to .be paid to the
employee, shall be lodged by the employer with the Registrar of the Fair .
Work Commission.
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,
ii.
is not a party to the assessment, it sh<lll be referred by the Registrar to the
Union by certified mafl and shall take effect unless an objection is notified to
the, Registrar within 10 working days.
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f) Review of Assessment
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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.
g) Other Terms and Conditions of Employment
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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.
h) Workplace Adjustment
An employer wishing to employ a person under the provisions of this dause shall take
reasonable steps to make changes in the workplace to enhance the employee's capacttyto do
the job. Changes may involve re-design of Job duties, working time arrangements and work
organisation in consultation with other workers in the are<l.
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if Trial Period
i.
In order for an adequate assessment of the emplcyee's capacity to be made,
an 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 4 weeks) may be needed.
ii.
During the trial period the assessment of capacity shall be undertaken and
the proposed wage rate for a continuing employment relationship shall be
determined.
iii.
The minimum amount payable to the employee during that period shall be
no less than $77 per week.
iv.
Work trials should include induction or training as appropriate to the job
being tria lied.
i.
Where the employer and employee wish to est<:Jblrsh a continuing
employment relationship following the completion of the trial period,· a
further contract of employment shall be entered into based on th~ outcome
of assessment under subclause (d) hereof.
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Dress and Presentation Standards and Uniforms
5.10
The BWS image and brand is integral to our ongoing business su<:cess and BWS and its
employees accept that it is essential to create a positive impression to our customers. To
this end, when at work, employee's presentation, grooming and dress shall be in a neat,
tidy, business-like manner at all times.
a}
f···
The Company, having regard to the nature of the industry, the work to be performed and
the comfort of the employee, shall have the right to determine a code of dress for each
employee as contained in the BWS Preferred Dress Policy (as amended form time to time).
b)
Any changes to dress requirements will be actively communicated to all employees.
iii.
An employee who, without due cause, is not satisfactorily dressed when in ·
attendance at the workplace may be directed to cease work without pay until such
time as the employee is dressed to the required standard.
iv.
The Company shall not be harsh or unreasonable in applying subclause (iii) above.
v.
BWS shall not require an employee to dress in a revealtng or indecent manner which
would cause the employee embartassment.
vi.
All employees will be given the following options:
a.
BWS may at times supply a special uniform, dress or clothing or
part thereof that an employee would be required to wear, which
will remain the property ofthe employer; or
b.
An employee may elect to purchase tax deductible designer work
wear from the Company at the employee's own expense; or
c.
An employee may elect to wear their own clothing if it is of the
same professional standards and equivalent colour requirements
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viii.
New employees will be advised of the options upon engagement.
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The wage rates spedfied in Appendix A incorporate a component for the laundering
of clothing.
5.11
Protective Clothing
Where it Is agreed the work performed by an employee is of a dirty, cold or wet nature or work is
performed in a cool room, suitable protective clothing and/or footwear shall be supplied and as
necessary laundered by the employer.
5.12
Cleaning Duties
a)
It shall be part of an employee's routine duties to perform cleaning functions which
whilst not limited to, will include the following:
• Cleaning of fixtures and fittings
• Dusting of shelving and stock
• Sweeping, vacuuming or mopping floors
• Sweeping of external pavements and drive ways
b}
BWS will provide the appropriate equipment, cleaning materials and protective items
necessary to perform the above mentioned cleaning duties efficiently and hygienically.
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Lockers
5.13
Where practicable, the Company shail provide locker accommodation for each employee. Lockers
where provided, sh?JII be maintained in good working order.
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Notice Boards·
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(a) Where there is a notice board, the Company shall provide reasonable space on a notke board .
for the display of Union notices authorised by the Branch Secretary the relevant Union to .
facilitate the communication of matters pertaining to this Agreement. Such Unron notices
shaH be shown to the Liquor Manager prior to placement on the notice board.
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{b) Where there is a Notice Board, a signed copy of this Agreement shall be exhibited in a
prominent and accessible place to all employees.
5.15
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Breakages and Cash Shortages
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The Company shaH not deduct any monies from an employee's wages or income as a result of:
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Stock Breakages, or
cash shortages.
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This provision does not affect the Company's right to take such disciplinary or legal action as the
Company considers appropriate.
PART6:
6.1
lEAVE AND PUBLIC HOLIDAYS
6.1.1
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Annual Leave
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Annual Leave entitlement
a)
Annual leave Does Not Apply to Casuals
b)
A period of four (4) weeks {152 hours) paid leave will be allowed annually to full-time
employees. Annual leave will accrues in accordance with the Fair Work Act.
c)
Part-time employees shall be entitled to annual leave on a pro-rata basis. Part-time
employees' annual leave shall be based on the ordinary hours worked during the
previous month inclusive of any hours worked as additional hours under Clause 3.2.1.
6.1.2
Taking of Annual leave
(a} The taking of annual leave will be by mutual agreement, within a period not exceeding
twelve months from the date it becomes due. A period of four weeks notice shall apply
for the taking of annl.lalleave that has become due or accrued.
(b) Under no circumstances shall an employee forfeit their annual leave entitlement
however an employee may voluntarily choose to Cash-out Annual Leave in accordance
with Clause 6.1.5.
(c} If the employee has excessive accumulated annual leave greater than 8 weeks, the
Company may require the employee to take 25% of his or her accumulated annual leave
at anyone time by giving the employee 4 weeks' notice.
{d) Annual leave may be taken in single days at the request of an employee, but subject to
the Company's operaUonal requirements.
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{e) An employee before going on accrued annual leave, will be paid the amount of wages
they would have received in respect of the period of annual leave had they been working
plus a loading of17.5% on the ordinary time rate of i:my.
(f} Where any public holiday, for whlch the employee is entitled to payment under this
Agreement, occurs during any period of annual leave taken by an employee under this
clause, the period of the leave shall be increased by one (1) day in respe<:t of that public
holiday.
(g) An employee's accrued but Lin-taken annual leave entitlement shall be paid out upon
termination of employment. Payment wifr include 17.5% loading.
6.1.4
Annual leave Re-crediting
An employee who would otherwise be eligible for Personal leave or Compassionate leave
during a period of Annual leave will have their Annual Leave re-credited for that period of
Personal leave or Compassionate leave. The annual leave will be re-credited subject to the
employee satisfying the evidentiary requirements specified in Clauses 6.2.
To facilitate there-crediting of annual leave it will be necessary for the Company to deduct
the value of annual leave loading for the period of leave re-credited from the employee's
weekly earnings.
Where possible, Annual Leave requests submitted by employees will be considered and
responded to within a 2-week period from the date that the Line Manager received the
request.
Cashing out of Annual leave
6.1.5
An employee, who has an accrued Annual leave entitlement in excess of eight (8) weeks, may
make an application to "cash-outn a period of Annual Leave. BWS wm give consideration to
any request to "c<~sh-out" accrued Annual Leave subject to the following:
a)
The employee must ret<~in an accrued Annual Leave entitlement of not less than eight
{8)weeks;
b)
c)
d)
Each application to "cash-out" Annual leave must be by a separate agreement in writing
between the employee and the Company;
The employee will be paid the actual amount {including Leave loading] that would have
been payable had the employee taken the period of Annual leave; and
The employee's Annual leave entitlement will be reduced according to the amount which
has been requested to be paid out.
The ability for Annual Leave be "cashed-out" is at the request of the employee and approval
will be payable by mutual agreement with the Company. In accordance with the NES, BWS
commits to ensuring there wm be no forced "cashing-out" of Annual leave.
Annual leave at~ Pay
6.1.6
{a} In order to provide employees with increased flexibtlity in utilising annual le<lve
entitlements, employees may request
following:
to take Annual Leave at half-pay subject to the
The employee must have less than eight {8} weeks accrued Annual Leave and no
Long Service leave to be eligible to apply for Annual Leave at half-pay;
(ii) A maximum period of two {2) weeks Annual Leave at half pay may be requested by
an employee in a 12-month period;
(iii) Each application for Annual Leave at half-pay must be by a separate <~greement in
writing between the employee and the Company;
(i)
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It is recommended that employees consider their personal anq financial circ1.1mstances .Prior. .. ,~.:· . ..
to requesting Annual Leave at half-pay.
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Full-time employees in Broken Hill shalf be entitled to accrue
additi~nal period of Ann~al·
Leave equivalent to 38 hours over the course of each 12-months of continuous service, with
this leave being accrued at the rate of 3.166 hours per month of continuous service. Parttime employees in Broken Hill shall accrue an additional period of Annual Leave on a pro-rata
basls relative to the normal work hours.
6.2
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Personal Leave
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A full time employee shall be entitled to the equivalent of 11 days paid personal leave per
anniversary year. This will equate to 83.6 hours per 12 months of continuous service.
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{i)
Part time employees shall be entitled to Personal leave as per a full time employee
on a pro rata basis.
Paid Personal leave is not available to Casual employees
(ii)
b) The accrual of personal reave in a weekly employee's first year of service shall be on a
progressive basis, with personal being accrued progressively on a weekly basls.
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c)
In the second and subsequent years of service an employee shall receive their personal leave
accrual on the anniversary of their engagement as a weekly employee.
d)
An employee's unused personal leave entitlement from any year shall accrue to the following
year.
e)
Unused Personal Leave will not be paid out upon termination or cessation of employment
under any circumstances.
f)
Personal leave is available to a permanent employee for:
i.
personal illness or injury or
ii.
to provide care or support to a member of the employee's immediate family or
household who requires care or support due to a personal illness, or injury; or who
requires care or support due to an unexpected emergency.
Permanent employees may take personal leave on an hourly or daily basis as
required and subject to approval.
(g)
An employee will be expected, as far as possible, to inform the Company of their inability to
attend for work prior to the rostered commencement time, and as far as may be practicable,
state the reason for the absence and the estimated duration of the absence.
(h)
Employees will be entitled to two {2} single day absences per anniversary year without having
to produce proof of Illness/injury, except if the absence occurs immediately prior to, or after,
a Public Holiday. On all other occasions of absence, the employee will prove, to the
satisfaction of the Company, and provide such documentation as required by the Company,
that he/she was unable to attend for work on the day or days for which the Personal Leave is
claimed.
Documentation means:
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If It is reasonably practicable to do so, a medical certificate issued be a registered
medical practitioner; or
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.If it. is not reasonably practicable to provide a medical certificate, a statutory
declaration made by the employee.
(i)
Subject to the provisions of Subclause (h), the company need riot make payment for any time
an employee is absent from work without the employee producing satisfactory evidence in
support of a request for paid Personal Leave.
6.3
Pre~Natalleave
a)
Pregnant employees
A full-time or part-time employee who is pregnant may access their accrued personal leave for the
purpose of attending medical appointments associated with the pregnancy.
b)
Emnloyees whose partner is pregnant
A full-time or part-time employee may access their accrued Personal leave for the purpose of
attending medical appointments with their pregnant partner.
6.4
Unpaid Carers Leave
An employee (including a casual employee) is entitled to a period of up to two (2.) days Unpaid carer's
leave for each occasion that a member of the employee's immediate family or household requires care
and support due to that person being ill, !njured or affected by an unexpected emergency.
An employee may take unpaid carer's reave for each occasion as a single continuous period of up to
two days, or any separate periods to which the employee and the Company agree. An employee
cannot take unpaid carer's leave during a particular period if the emplnyee could instead take paid
personal/carer's leave. IThis does not apply to casuals who have no entitlement to paid
perwnal/carer's leave.)
6.5
Compassionate Leave
a)
An employee other than a casual employee will be entitled to a maximum of:
l,
five (5} days' paid leave where the employee is absent from work, because
of the death or serious illness of the employee's spouse (including de facto
spouse), partner, parent (including step parent and foster parent), legal
guardian child {including foster chlld and step child}, brother, sister
(including step brother and step sister);and
ii.
three (3) days' paid leave where the employee is absent from work because
of the death or serious illness of their, mother-In-law, father-in-law, sisterin-law, brother-in law, son-in-law, daughter-In-law, grandparents-in-law, de
facto parents-in-law, grand parents, grand children, cousin, unde, aunt,
niece, nephew or Godparent.
iii.
two {2.) days' paid leave where the employee is absent from work because of
the death or serious illness of a member ofthe employee's household.
iv.
A maximum of one (1) day paid compassionate leave to attend the funeral on
the death of a significant other.
v.
A casual employee is entitled to two (2} days of unpaid compassionate leave
because of death or serious illness of a member of their immediate family or
household.
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6.6
vi.
An employee who has given BWS notice of the taking of compassionate
leave must, if required by BWS, give evidence that would satisfy a
reasonable person.
vii.
In addition to the above, a weekly employee shall be entitled to two (2}
additional days of paid compassionate leave to attend the funeral of aU the
relationships above, Including a member of the employe.e's household,
listed in ·this provision where the employee travels outside Australia, or
interstate, or 400km or more one way intrastate.
Unpaid Leave
a)
Where a full-time or part-time employee proceeds on authorised unpaid leave of absence of
one week's duration or more all entitlements to annual leave and personal leave will be
frozen from the date of commencing such leave to the date of returning from such leave.
Provided that:
ii.
6.7
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Such unpaid leave is taken in accordance with Company policy and approved
prior to the commencement of such absence.
Such absence shall not break continuity of employment for the employee
concerned.
•Examples of unpaid leave may include study, additional time off for school
holidays, overseas travel or sporting commitments
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Long Service Leave
Long Service Leave shall apply to employees as per the applicable State or Territory legislation
in relation to Long Service Leave.
In addition an employee may take their long Service leave entitlement at half pay which wHI
result in them being on Long Service Leave for double the period.
6.8
Parental Leave
Parental leave provides employees with unpaid leave to provide primary care or share in the
care of their newbom or newly adopted child.
6.8.1.
Key elements of Parentaf Leave
Maternity leave is taken by a female employee who is pregnant.
Partner's reave is taken by an employee whose partner has given birth to a child.
Adoption leave is taken by an employee when they have adopted a child.
6.8.2
Employees' Parental Leave Entitlement:
ir~:fii~ff~~~Wi~1t~Jll~~~llr~~l~~t:~~~~~f'~~~f~iJ!I~~~l~~1~~"ffi~~!i~
Permanent employee
Casual employee
12
months'
service
continuous
104 unpaid weeks, including
any paid leave entitlement
taken.
12 months' continuous 104 unpaid weeks
service worked on a regular
and systematic basis
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6.83 · Parents sharing Parenta/Leave
Parents are able to take up to eight (8) weeks unpaid Parental Leave together-immediately
after the birth or placement of their child.
6.8.4
Parental Leave and Other Leave
Employees may choose to utilise their Annual and/or Long Service Leave entitlement as part
of their Parental Leave period. A permanent employee may choose to access Annual Leave in
place of Unpaid Leave.
6.8.5
Leave accruals
The accrual of an employee's Annual and Personal Leave is suspended for their period of
Unpaid Le;3Ve.
6.8.6
Special maternity leave
or has been pregnant and the pregnancy has
ended due to loss of the baby within 28 weeks before the expected date of birth of the child,
an employee is able to take Unpaid Special Maternity Leave for the period specified by the
employee's medical practitioner.
If an employee has a pregnancy-related ilfness
6.8.7
Transfer to a safe job
Where an employee Is pregnant and, in the opinion of a Registered Health Practitioner, the
employee is fit for work but it is inadvisable for the employee to continue at her present
position because of illness or risks arising out ofthe pregnancy or hazards connected with that
position, transfer to a safe job provisions apply as follows.
a)
If the company believes it is reasonably practicable, the employee will be transferred
to a safe job, with no other change to the employee's terms and conditions of
employment.
b}
If the company believes it is not reasonably practicable to transfer the employee to a
safe job, the employee will commence Paid Leave:
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This paid leave is in addition to any other leave entitlements the employee hasj
s
The employee will be pard the amount they would reasonably have been
expected to be paid if they had worked during that period; and
The period of Paid Leave ends at the earliest of whichever of the following times
is applicable:
•
The end of the period stated in the medical certificate;
The end of the day before the chit d's date of birth;
The end of the day before the end of the pregnancy (if the employee's
pregnancy
ends other than with the birth of a living child);
6.8.8
Casual work during parental leave
By agreement between an employee and the company an employee may be engaged on a
casual basis during periods of Parental leave, except while on a period of Paid Parental Leave
under a Government Scheme. Work performed on a casual basis will:
o
Be paid at the appropriate casual hourly rate;
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Not be included for the purposes of accruing any leave entitlements with the
exception of long Service Leave where it will count as service for the purpo?es of
Long Service Leave accrual. An employee's Long Servlce Leave entitlement date will
.. be altered by the number. of starts worked casually whilst on Parental Leave; and
· o Not extend the period of Parental leave beyond the approved period of leave.
6.8,9
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Vafying the Period of Parental Leave
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Increasing the period of leave
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An employee is entitled to increase their period of leave on one (l) occasion after
they have commenced leave, up to a maximum of 104 weeks.
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Decreasing the period of leave
An employee may return to work earlier than originally expected by agreement with
the Company. In these circumstances, the Company may not be in a position to
return an employee to the position they were in prior to commencing Parental leave
in situations where a temporary replacement employee is performing their role. In
some situations, the employee may return to an alternative role and revert to their
pre-parental leave role on or before their original expected return date from Parental
Leave.
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6.8.10 Returning to the position held prior to taking Parental Leave
Employees are entitled to return to the position they held before taking Parental Leave.
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The Pre-Parental leave position does not include any temporary 'safe' position that the
employee may have been placed in while pregnant.
If the position the employee held before going on leave no longer exists due to structural
changes that have taken place, the Company will work with the returning employee to
redeploy that employee into another position as nearly comparable in status and pay to that
of her/his former position.
6.8.11
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Return to Work Options
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An employee may request, in writing, to return to work from Parental leave on fewer hours
than what their contract was before they went on Parental leave either permanently or for a
period of time up until the child reaches school age.
The Company will consider such requests having regard to the employee's circumstances and
operational needs of the business .
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6.8.12
Changes in rates of pay
Wage increases provided under this Agreement will be adjusted on eligible employee's
records during their absence on Parental Leave.
6.8.13
a)
Responsibilities
A line Manager will consider the famlly responsibilities of the employee when
determining their return to work arrangements following a period of parental !eave.
b) Where an employee wishes to return to work under different terms and conditions (such
as reduced hours when compared to those prior to taking Parental leave), the Company
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..:.m review and genuinely consider and work through the return to work preferences in .
conjunction with the employee and advise whether these can be accommodated within • ·
the operational requirements of the business. The terms of this agreement shafl be put iri .·
writing and a copy provided to the employee.
c)
An employee is to apply for Parental Leave a minimum of 10 weeks before the expected
birth date of the child (or upon receiving approval in the case of adoption).
d)
An employee will not be in breach of this Agreement if she/he fails to give the stipulated
notice because confinement/adoption occurs earlier than the presumed date.
e)
An employee shall provkletheir line manager with a minimum offour (4) weeks' notice of
their return to work.
Jury Service
6.9
a)
An employee shall be allowed leave of absence during any period of ordinary working hours
when required to attend for jury service. Provided however, that this clause shall have no
operation while the period of entitlement to leave under it, coincides with any other period of
entitlement to leave. During such leave of absence, an employee shall be paid the difference
between the jury service fees received and the employee's agreement rate of pay as if
working.
b}
}An employee required to attend for jury service during a period of annual leave will, upon
producing satisfactory evidence of attendance be re-credited with annual leave for the period
for which jury .service was attended. To facilitate the re-credlting of annual leave it will be
necessary for the Company to deduct the value of the leave loading for the period of [eave rt;!·
ere dited from the employee's weekly earnings.
c)
The employee shall be required to produce to the Company proof of jury service fees received
and proof of requirements to attend and attendance on jury service and shall give the
Company notice of such requirements as soon as practicable after receiving notification to
attend for jury service.
d)
An employee on jury service shall not be required to attend to work on any day/evening/night
roster whilst on jury service.
e)
Where an employee is on jury service, the combination of work and jury service shall not
exceed five {5} days in any week.
f}
Notwithstanding Subclause (e}, if jury service is of not more than two (2} hours duration an
employee would be expected to return to work to complete their rostered shift. Provided that,
if an employee's rostered shift goes past midnight they shall not be required to attend for the
shift on that occasion.
6.10
Blood Donor leave
a}
Blood donor leave does not apply to casuals
b)
A weekly empfoyee shall be entitled to up to two (2} hours' paid leave on each occasion for
the purposes of donating blood. A maximum of four (4) separate absences per calendar year
shall be allowed.
c)
Absences shall be arranged by mutual agreement between the employee and BWS. ·Provided
the absence shall be on a day suitable to the employer and it be as dose as possible to the
beginning or ending of the shift
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d)
The employee shall notify the employer as soon as possible of the date and time· the .
employee is requfred to donate blood. Upon request, proof of such attendance at
recognised place for the purpose of donating blood, satisfactory to the employer, will be
required to he produced.
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Defence Force Leave
6.11
(a) An employee shall be allowed leave of up to two (2) weeks maximum per calendar year and ln
addition weekends as required to attend Defence Forces Reserve approved training camps.
(b) A casual employee shall be aHowed unpaid leave as required to attend Defence Forces
Reserve approved training camps.
(c)
Employees seeking to take Defence Forces Services Leave must provide notice to BWS at least
one (1) month prior to the period of training. The notice should detail the start and finish
dates of training.
(d) Employees will he paid their ordinary hours income in respect of the ordinary time they would
have worked had they not taken such Defence Force Services leave less the amounts paid by
the military authorities. Amounts paid must be verified from the military pay books.
6.12
Emergency Services Leave
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(a) Full time and part time employees involved in recognised voluntary seNices including SES and
fire fighting shall be entitled to up to two (2) weeks per annum paid time off to attend
emergency situations. A casual employee will be entitled to unpaid leave.
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(b) A full-time or part-time employee whose partner is involved in recognised voluntary services
and is required to take time off from work in order to look after their children on account of
their partner performing recognised voluntary emergency service, shall also be entitled to
Emergency Services Leave.
(c) It shall be the responsibility of the employee to keep BWS Informed about the time off
needed to attend to emergency duties.
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(d) To receive the ordinary hours pay, an employee shall provide BWS proof of attendance at the
Natural Disaster Leave
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Where a "yellow afert 11 is announced for cyclones, or where flooding or bush fires are
imminent, employees shall be allowed to leave work to attend to family and/or to protect
property.
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emergency situation.
6.13
a)
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b) A full·time or part-time employee is to receive up to three (3} days paid leave if there is a
reasonable and justified reason that an employee is unable to attend work due to a natural
disaster.
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c)
BWS agrees that, where a time has been set f{)r moving from a yellow alert to red alert, stores
will close one hour before the red alert comes into force, unless otherwise directed by the
State Emergency Services or other emergency services body.
d) Where a "code orange" alert is raised for catastrophic fires and the State/ferritory directive is
to !eave the area, employees shall be entitled to take unpaid leave from work for the period
that the "code orange" is in place.
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6.14
Public H<11ldays
Full Time and Part Time employees shall be entitled to a day off, without loss of pay,
the employee would ordinarily be rostered to work on the folfowing days:
a)
where
• New Years Day
•Australia Day
• Good Friday
• Easter Saturday (Except Tasmania)
• Easter Monday
•Anzac Day
., tab our Day (8 hour day) or May Day (in Northern Territory}
• Que~m's Birthday (Sovereign's Birthday in WA)
• Christmas Day
•Boxing Day
b}
The following days shall be taken in addition to the days named above, or in lieu of where
stated:
STATE
PUBLIC HOLIDAY
Victoria
Melbourne Cup Day provided that where a local day is proclaimed or gazetted
in a locality outside the Metropolitan Area and Melbourne Cup Day is not
proclaimed or gazetted in the locality then the local day shall be taken as a full
day public holiday in lieu of Melbourne Cup Day.
Western Australia
Foundation Day
Northern Territory
Show Day as regionally observed and Picnic Day
South Australia
Adelaide Cup, Picnic Day (Port Pirie), Picnic Day (Broken Hill), Christmas Eve
and New Years Eve (lfthose Part·days are legislated, proclaimed or gazetted)
ACT
Canberra Day, Family & Community Day to be observed on the first Tuesday in
November or other day as nominated by the ACT Government as a community
holiday.
NSW
Easter Sunday {if legislated, proclaimed or gazetted), Picnic Day
Tasmania
Shaw Day {as defined), Recreation Day in the North and Regatta Day in the
South.
c) Holidays in Lieu
i.
ii.
iii.
When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be
observed on 27 December.
When Boxing Day is a Saturday or a Sunday, a holiday in lieu thereof shall be
observed on 28 December.
When New Year's Day or Australia Day is a Saturday or a Sunday, a holiday in lieu
thereof shall be obsetved on the next Monday.
d) Additional holidays
i.
Full-time and part-time employees shall be entitled without loss of pay to an
additional public holiday or part day within the State, Territory or Locality, when such
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public holiday or part day public holiday is legislated, proclaimed :or :gazetted other
than on a day set out in subdauses 6.14 (a) (b) or 6.14 (k), and is to be obseJVed
generally by persons through the State, Territory or locality.
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ii.
Provided that, in NSW (excluding the County of Yancowinna) and the ACT, such
additional public hollday or half day public hol1day shall be treated as additional paid
time off or pay in lieu, but work performed on those days or part days shall not
attract public holiday penalty rates (although in other States and Territories any work
on-such a day or part day witf be paid in accordance with subclause 6.14 (k)).
Where a store opens for trade on an actual public holiday which has had the substitution provision
of subclause 6.14 (c) applied, the following shall apply:
If a full-time or part-time employee is ordinarily rostered to work on the actual public
holiday and the substituted day, then that employee shall elect which day shall be
the pubric holiday and receive the standard public: holiday benefits on that day. The
other day shall then be a normal rostered day subject to subclause 6.14 (e) (iv}
below. If the employee elects for the Public Holiday under this Agreement to be on a
day which is not a public holiday under the Fair Work Act 2009 (or In 2009, the
Workplace Relations Act 1996) then the employee will also be regarded as having
agreed to substitute the holiday under the legislation to the day so elected.
ii.
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e} Substituted days
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lf a weekly employee is rostered to work on the actual public holiday and not the
substituted day, the employee shall receive the standard public holiday benefits on
the actual day.
lf a full time or part time employee is rostered to work on the substituted day and
not the actual Public Holiday, the employee shall receive the public holiday benefits
on the substituted day.
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f)
In the case of Christmas Day where substitution occurs, work on the 25th
December will attract an additional loading of half a normal day's wage for a
full day's work in addition to the Saturday/Sunday rate and the employee
will also be entitled to the benefits of the substituted public holiday.
v.
Casual·employees employed on the actual day of the prescribed holiday shall be paid
at the normal rate for the day and be paid the relevant holiday rate for the
substituted day.
vi.
"Actual public holiday" means the day thst would otherwise be a public holiday if
substitution as provided in subclause 6.14jc) had not occurred.
Payment for holidays not traded
Where a store does not open for trade on a public holiday and an employee would have been rostered
to work on such a day but does not work, the employee shall be entitled:
i.
in NSW/ ALr, Queensland and SA/NT; to payment for the day based upon their
ordinary single hourly rate of pay for the hours normally rostered to work; and
ii.
in Victoria, Tasmania and Western Australia, to the day without loss of pay, inclusive
of any applitable penalties the employee would have received. Provided that an
employee may elect to work with the agreement of the employer and be
paid at the rate prescribed by subclause 6.14 (k}.
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g) Holidays traded·
Where a store opens for trade on a public holiday, employees who would normally be rostered to work
may volunteer to work the day or part thereof and shall be paid the appropriate penalty for time so
worked. Provided that when an employee chooses not to work they shall be paid in ac<:otdance with
subclause 6.14 {f}.
h) Holiday on
i.
a non-working day or a rostered day off
A fufl-time employee whose non-working day falls on a public hofiday prsscribed
under subdauses 6.14 (a} {b) (c) or (d), (but not 6.14 (k) (iii)) and a part-time
employee who works an average of 5 shifts per week whose non-working day falls on
a public holiday prescribed under 6.14 (a} (b) (c) or (d), {but not 6.14 {k} (iii)) shall
receive by mutual agreement either:
• another day off in lieu to be taken either within 28 days after the holiday
falls or during the week prior to the holiday; or
• the addition of an equivalent day's pay; or
•One (1) extra day added to annual leave.
ii.
Provided that the above shall not apply to Anzac Day or Easter Saturday for NSW/Acr and
SA/NT.
Iii.
Provided that the above shall not apply to Anzac Day for Victoria or Tasmania.
lV.
Provided that the above will not apply to additional holidays legislated, proclaimed or
gazetted by a State or Territory as provided in clause 6.14 (k) {ili).
v.
A full time employee whose RDO falls on a pub[ic holiday shall receive by mutual
agreement either:
• another day off in lieu to be taken either within 28 days after the hofrday fulls
or during the week prior to the holiday; or
• the addition of an equivalent day's pay; or
• One {1) extra day added to annual leave.
vf.
A full-time or part-time employee shall be entitled to the above provisions where the
employee works an alternating roster and the public holiday falls on a day on which the
employee works in any week of their roster cycle.
vlf.
For the purpose of this subclause for full-time employees, "day" shall mean eight (8)
hours. In respect of part·time employees "day" shall mean the average number of
contract hours rostered per day for the employee prior to the public holiday in the four
(4) week cycle.
l) Absence Prior to I or Following a Public Holiday
An employee who falls to attend for a rostered shift on the day before or the day after any public holiday
shall provide to the Company documentation in accordance with Clause 6.2.
j) Work on a Public Holiday
Work on a public holiday is voluntary for all employees. An employee who elects to work shall be paid at the
rate prescribed by subclause 6.14 (k).
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k) Rate of Pay
i.
Work done on any public holiday prescribed in subclause 6.14 (a), (b) and (c) by a
full-time or part-time employee shall be paid at the rate of 250% with a minimum
payment of three {3) hours work.
H.
Work done on any public holiday prescribed in subclause 6.14 (a), (b) and (c) by a
casual employee shall be paid at the rate of 270% with a minimum payment of three
{3) hours work.
iii.
Work done by an employee on any day which the Company is required to recognise
as a public holiday under the Fair Work Act 2009 in respect of that employee (not
being a day otherwise designated as a public holiday for that employee under
subclauses 6.14 (a) to (e)) will nevertheless be voluntary and paid at the rates set out
in subclauses 6.14 (k) {i) and 19 (k) (li) where:
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if Boxing Day falls on a Saturday, the additional holfdayfalls on
either26 December or 28 December;
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b. if Christmas Day fa!ls on a Saturday and Boxing Day falls on a
Sunday, the additional holiday[s) falls between 25 December
and 28 December (inclusive);
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a.
c.
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if Christmas Day falls on a Sunday, the additional holiday falls
between 25 December and 27 December (Inclusive);
d.
if New Year's Day falls on a Saturday, the additional holiday
falls on either 1 January or 3 January; or
e.
if New Year's Day falls on a Sunday, the additional holiday falls
on either 1 January or 2 January.
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If a full-time or part-t1me employee is rostered to work on such a day, and chooses not to work, then
the employee will be paid in accordance with subdauses 6.14 (f) and 19 (g).
I) Time Off In Lieu (TOIL) for working a Public Holiday
i.
Time off in lieu of payment of the penalty rate prescribed for work on a public
holiday pursuant to this clause may be provided only if an employee so elects and it
is agreed by the Company.
ii.
Such time off in lieu must be taken at a mutually convenient time and within 21 days
before or after the public holiday.
iii.
Such time off in lieu, when taken, shall be paid at the employee's usual rate,
Including any applicable penalties.
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iv.
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Time off in lieu must equate to the penalty rate.
For example, if the employee works three (3) hours on a public holiday and
the additional penalty rate ls time and a half and the employee elects to
take time off In lieu of payment, the time off would equal 4.5 hours.
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v.
Should the employee not take their TOIL within the 21 days after a
public holiday they will be paid the public holiday entitlement.
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vi.
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no!iaay arlcf
An employee volunteering to work a public
electing to accrue time off in
lieu instead of full payment will not be rostered to work in preference to those
employees who wish to be paid for working a public holiday.
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m} Picnic Day (NSW) and Family and Community Day (ACT)
i.
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All full-time employees, and part-time employees who work an average five (5) days
per week or a roster which includes at least one Tuesday in the roster cycle, shall be
entitled to Picnic Day in NSW or Family and Community Day in ACT as follows:
• In the Australian Capital Territory, Family and Community Day will be
observed on the first Tuesday in November or any other day as nominated
by the ACT Government as a community holiday.
• In New South Wales on the first Tuesday in November each year.
ii.
Picnic Day in NSW or Family and Community Day in ACT shall be treated as paid time
off or pay In lieu but work performed on that day shall not attract public holiday
penalty rates.
iii.
Where a full-time or part-time employee volunteers to work on Picnic Day in NSW, or
Family and Community Day in ACT, such employee shall be entitled to the following
provisions:
l.
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• another day off without loss of pay;
• such alternate day shall be given and taken not later than 28 days after the
Picnic Day in NSW/ Family and Commun[ty Day in ACT on a day mutually
agreed between the Company and the employee;
~ where an employee's employment terminates prior to the taking of such
alternate day, the employee shall receive an additional day's pay on
termination.
Provided that in no circumstances shall an employee forfeit their entitlement to the additiona 1
holiday and should such extenuating circumstances arise where the day is not taken as
prescribed above lt must be given and taken on a day without loss of pay or added to the
employee's next period of annual leave,
iv.
Employees on Annual leave or long Service Leave on Picnic Day in NSW or Family
and Community Day in ACT, shall have an additional day added to their next period
of annual leave.
n) Engagement Across Two Days
i.
Where the majority of a full-time or part-time employee's rostered engagement falls
on a public hoHday, the entire engagement shall be regarded as the public holiday for
all purposes of the Agreement.
ii.
Where a full-time or part-time employee is rostered for an engagement with an equal
number of hours on a public holiday and the day before a public holiday the entire
engagement shall be treated as a public holiday for afl purposes of the Agreement.
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iii.
Where a weekly employee is rostered for an engagement with an equal number of
hours on a public holiday and the day after a public holiday the entire engagement
shall be treated as a normal shift for all purposes of the Agreement, provided the
weekly employee is entitled to the benefit of subclause 6.14 (n} (ii} above. lf the
weekly employee is not entitled to the benefit of subclause 6.14 (n) (ii), then the
entire engagement shall be treated as a pubHc holiday for al! purposes of the
Agreement.
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Ca~ual
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employees shall be paid for actual hours worked. The· hours worked on a
public holiday shall be paid at the rate of 270%. The hours worked on the normal day.:
shall be paid at the ordinary rates and loadings provided for in this Agreement.
vi.
Provided that any employee whose roster is changed with the intent of
avoiding or reducing payment due or the benefit applicable under this .
clause and who would, but for the change of roster, have been entitled
otherwise to a payment or benefit for a Public Holiday or Holidays shall
be paid for such Holiday or Holidays as if the roster had not been
changed.
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o) The Thursday Eve before Good Friday, New Year's Eve and Christmas Eve Aif not a Public holiday),
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Work after 6.00pm on the Thursday Eve before Good Friday, Christmas Eve and New Year's Eve, will
be subject to the following provision:
i.
Wtthln the reasonabfe requirements of staffing levels for a store, requests by full-time or
part-time employees to not be rostered to work during the above times and days shall
not be unreasonably refused. Provided that where the Company is unable to obtain
sufficient volunteers to work, the Company will, subject to the Act, retain the rfght to
direct the working of the employee's normal roster.
ii.
Employees need to advise the Company at least 4 weeks prior to the Thursday Eve before
Good Friday, Christmas Eve and New Year's Eve that they do not wish to work at that time
or day.
ill.
The Company wm seek volunteers at least 14 days In advance to finalise the rostering
needs and advise employees at feast seven (7) days prior.
iv.
Where an employee's request is granted the hours shall be made up at sometime
convenient to the Company, within the next 28 days.
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p) Easter Sunday (if not a Public Holiday)
I.
Work on Easter Sunday shall he voluntary.
ii.
Permanent employees rostered to work on Easter Sunday in a store which can trade on
Easter Sunday who elect not to work shall select one of the following options:
e.
The employee shall be rostered to work on another day or time in
the 4 week cycle as part of their ordinary hours and be paid the
applicable Sunday penalty rate for time so worked.
The employee may take a scheduled ROO (including any TOIL)
f.
The employee may take an annual leave day: or
g.
The employee may take leave without pay for the day.
d.
q) Permanent Employees rostered to work on Easter Sunday (lf not a Public Holiday) in a store which Is
not able to trade on Easter Sunday shall be given the day off with pay at the ordinary rate.
Permanent employees rostered to work on Easter Sunday in a store which can trade who elect to work
shall be paid the applicable rate.
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PART·DAY PUBLIC HOLIDAYS FOR CHRISTMAS EVE OR NEW YEAR'S EVE
{r)
Benefits under this clause 6.14 for any part-day public holiday for Christmas Eve or New Year's Eve will
only be extended to full-time or part-time employees in respect of work ordinarily rostered or work
performed, and for casual employees in respect of work performed, during the part of the day
specified as a holiday.
The relevant penalty rate as prescribed in sub clause 6.14[!<) will apply only to work performed during
for that part of
the day. However, minimum daily engagement provrsions elsewhere in this Agreement must still be
met in respect of any overall engagement or shift on the day (e.g. it is possible to have a three hour
engagement for a casual or part-time employee from 5:00 pm to 8:00 pm, in which case, assuming the
holiday is from 7:00 pm to midnight, public holiday benefits will only be extended in respect of the
hour from 7:00pm to 8:00pm).
the part of the day specified as a public holiday, and no minimum payment is required
Sub clause 6.14 (n) does not apply to any part-day public holiday for Christmas Eve or New Year's Eve.
PART 7:
TERMINATION & REDUNDANCY
7.1
Termination of Employment
a)
Full-time and Part-time Employees
i.
Apart from conduct that justifies instant dismissal, employees engaged for a specific
time and/or for specific tasks (limited tenure}, or casual employees, BWS must give to
employees the following notice oftermination:
Period of Continuous service
less than 1 year
1 year but less than 3 years
3 years but less than 5 years
5 years or more
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Period of Notice
lweek
2 weeks
3weeks
4weeks
Written notice will be provided to an employee by:
a)
b)
c)
delivering it personally, or
leaving it at the employee's last known address, or
sending it by pre-paid post to the employee's last known address.
An employee must give to the Company the following notice of termination:
Period of Continuous Service
Less than 1 year
Greater than 1 Year
Period of Notice
1week
2weeks
b) Employees over 45 years of age with two or more years of continuous service at the time of
termination shall receive an additional one (1) week's notice.
c) Where the relevant period of notice is not given, the employee shall be entitled to payment in lieu,
provided employment may be terminated by part period of notice and part payment in lieu.
d) Payment in lieu of notice shall be calculated according to an employee's weekly ordinary time
earnings.
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·e) Whe.re: ~he employer has given notice of termination to a weekly employee, the weekly employe~:'.:
shalf be allowed up to eight hours' paid time off for the purpose of seeking other employment. The
time off ·shall be taken at times whfch are required by the employee after co!'ISultation with the
.employer.
f) Casual Employees.
The employment of a casual employee m<ly be terminated without notice by either the Company or
the employee.
g} Statement of Employment
BWS shall, upon receipt of a request from an employee, provide to the employee a written statement
specifying the period of his/her employment and the classification of, or the type of work performed
by, the employee.
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h) AU Company property is expected to be returned before the final payment is made.
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Redundancy
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a) Discussions before termination:
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i.
Where the Company has made a definite decision that the job the employee has
been doing is no longer to be done by anyone, and this ls not due to the ordinary and.
customary turnover of labour, and that decision may lead to termination of
employment, the Company shall hold discussions with the employees directly
affected and where relevant, the Union.
H.
The discussions shall take place as soon as It fs practical after the Company has made
a definite decision which will invoke the provisions of subclause 7.2 (a) (i}, and shall
cover inter alia, the reasons for the proposed terminations, measures to avoid or
minimise the terminations and measures to mitigate the adverse effects of any
termination$ ofthe employees concerned.
iii.
For the purpose of the discussion the Company shall, as soon as practicable, provide
in writing to the employees concerned and their Union, all relevant information
about the proposed terminations, including the reasons for the proposed
termination, the number and categories of employees likely to be affected, the
number of workers normally employed and the perlod over which the terminations
are likely to be carried out. Provided that no Information about individual employees
is to be provided to the Union or any representative of the Union unless required or
authorised by law.
b) Transfer to Lower Paid Duties
Where an employee is transferred to other dutres for reasons set out in subclause 7.2 (a), the
employee shall be entitled to the same period of notice of transfer as would have been entitled to if
the employee's employment had been terminated, and the Company may, at the Company's option,
make payment in lieu thereof 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 notice still owing.
c) Transmission of Business
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Where a business is, whether before or after the date of this agreement, transmitted
from the Company (in this clause called the 'transmitter') to another Employer (in
this clause called the 'transmlttee'), and <ln employee who at the time of such
transmission was an employee of the transmitter's business, becomes an employee
of the transmittee, the:
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continuity of the employm~mt of the employe~- shall 'tie de~med'hot f-i<ivelieeri broken by reason of such transmission; and ·- · '· · ' · - '' · - - - '- · ' -- · · · -
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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.
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.
d) Time Off Work During Notice Period
i.
ii.
Where a decision has been made to terminate an employee in the circumstances
outlined in subclause 7.2 (a} (i), the employee shall be allowed up to one (1} day's
time off (for each week of notice) without loss of pay for the purpose of seeking
other employment.
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ff the employee has been allowed paid leave for more than one (1) day during the
notice period for the purpose of seeking other employment, the employee shall, at
the request of the Company, be required to produce proof of attendance at an
Interview or the employee shall not receive payment for the time absent. For this
purpose a statutory declaration will be sufficient.
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e} Notice to Centrelink
Where a decision has been made to terminate the employees in the circumstances outllned in
subclause 7.2 (a), the company shall notify the appropriate empl-oyment agency giving the relevant
information, including a written statement of the reasons for the terminations, the number and
categories of the employees likely to be affected and the period over which the terminations are
intended to be carried out.
f) Severance Pay
The following are mmrmum entitlements only in respect of severance pay on redundancy. If
redundancies are to occur, the parties will negotiate an appropriate severance payment and
redundancy package at the time. Such negotiations in respect of redundancy are not contrary to Clause
1.3,
g) Additional Payments
In addition to the period of notice prestribed for ordinary termination an employee whose
employment is terminated fot reasons set out in subclause 7.2(a) shall be entitled to the following
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amounts of severance pay!
i.
If an employee is under 45 years of age, the Company shall pay in accordance with
the following scale:
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Under 45 Years of Age
Years of Service
Less than one year
1 year but less than two years
2 years but less than three years
3 years but less than four years
4 years but less than five years
5 years but less than slx years
6 years and over
Nil
4weeks
7weeks
10 weeks
12 weeks
l4weeks
l6weeks
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. II. !f.an ?.mpl_oyee is 45 years old or over, the Company shall pay In accordance with the followin~ scale:: . .
Years of Service
Over 45 Years of Age
less than one_y!lar
1 year but less than two years
2 years but less than three years
3 years but less ~han four years
4 years but less than five years
5 years but Jess than six years
6 years amJ over
Nil
Sweeks.
8.7Sweeks
12.5weeks
lSweeks
17.5weeks
20weeks
'Weeks Pay' means the ordinary time earnings for the employee concerned. Provided that the
severance payments shall not exceed the amount which the employee would have earned if
employment had proceeded with the Company to the employee's normal retirement date.
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h) Employee leaving during notice period
An employee whose employment Is terminated for reasons set out in subclause 7.2 (a) (i) of this
clause, may terminate their employment during the period of notice, and, if so, shall be entitled to the
same benefits and payments under this clause had the employee remained with the Company until the
expiry of such notice. Provided in such circumstances the employee shall not be entitled to payment in
lieu of notice.
I) Variances
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The Company in a particular case, may make application to the Fair Work Commission to have the
general severance pay prescription varied if the Company obtains acceptable alternative employment
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for an employee.
t.
j) This clause shall not apply:
i.
Where employment Is terminated as a consequence of misconduct on the part of the
employee or unsatisfactory work performance, or
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To employees engaged for a specific: period of time or for a spec:lfied task or tasksi or
iii.
To casual employees, seasonal employees or employees engaged by the day or hour.
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PART 8:
8.1
SIGNATORIES
Signatories
Signed for and on beha!f of BWS:
General Manager
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..... ,;......
.... .
Witness
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Signed for and on behalf of the Shop, Distributive and Allied Employees Association:
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!an Blandthorn
National Assistant Secretary
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APPENDIX A:
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RATES OF PAY
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The following rates of pay are applicable to those team members:
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Who were, prior to this Agreement taking effect, employed under the provisions of
the BWS Enterprise Agreement 2010; and
Team members who commence with BWS after this agreement takes effect:
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New South Wales/ACf
Ir--
BWS Employee Level 1
$763.32
$775.67
BWS Employee Level2
$801.48
$814.45
$788.22
$800.98
$813.92
$827.11
$827.63
$841.03
$854.64
$868.47
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Victoria
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BWS Employee Levell
$763.61
$776.27
$789.14
$802.22
$815.52
$829.04
BWS Employee Level2
$801.79
$815.09
$828.60
$842.34
$856.30
$870.50
1/7/14
1l1l1A
1:l:ill.§
$787.69
$800.25
1/7/15
$813.02
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Western Australia
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WJ.14
BWS Employee Level1
BWS Employee lavel2
$763.14
$801.30
$775.32
$814.08
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$827.Q7
$840.27
$853.67
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$825.99
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$867.29
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South Australia/Northern Territory
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BWS Employee Levell
$762.57
$774.14
$785.90
$797.84
$809.95
$822.25
BWS Employee Level2
$800.70
$812.85
$825.20
$837.73
$850.45
$863.37
Tasmania
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SWS Employee Level 1
BWS Employee Level2
$742.67
779.80
$753.95
$791.64
$765.17
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$803.43
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$776.57
$788.13
$799.86
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$815.39
$827.53
$839.86
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The following rates of pay are applicable to those team members:
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Who were, prior to this Agreement taking effect, employed under the provisions of
the Woolworths Liquor Agreement 2012.
New South Wales/Acr
1/1/16
$767.80
$780.93
$7~2.23
$803.69.
1}J_L15
$815.32
$798.89
$812.35
$826.03
$839.93
$854.08
$868.47
$817.47
$829.33
$841.32
$853.49
$865.83
$878.35
$836.76
$848.87
$861.15
$873.60
$885.24
$899.05
$878.52
$891.24
$904.12
$917.20
$930.46
$943.92
$771.59
$782.76
'Jj]}_14
$794.08
$805.56
$817.22
$829.04
ID_L14
Former WOW Liq\lor
$827.11
Employee Level2
"':;;
Former WOW Liquor
Employee Level 3
FormerWOW Liquor level
3b
Former WOW Liquor
Employee level 4
Former WOW liquor
Employee Level 5
Victoria
Former wow Liquor
Employee Level 2
r::~.f.J.~!~~;~~)~\i~~f:%'~A::tw~~~,~:i;;g;iifit ':':.;:N'%:~t!'i:m~~:~o::~~! ,::::;{;?~0:~Mi::~;,q;,,;~:; .\(:;:?<.s{~NKJ{YJ:·=u: m2??.\:::;,,,z,;,~'i;;;:r:;;;o.\p!::;i>:@;?iJ.;~,,,;,,,,< );:;n;?iN~~r!!i;~Ef~t'{i
Former WOW liquor
$812.97
$824.16
$835.51
$847.01
$858.67
$870.50
Employee Level3
Former WOW liquor
Employee Level 3b
$826.12
$838.08
$850.20
$862.49
$874.97
$887.62
Former WOW Liquor
Employee Level4
$838.69
$850.83
$863.13
$875.62
$888.28
$901.12
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Former WOW liquor
Employee levelS
$864.20
$889.39
$876.71
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$902.25
$915.30
$928.54
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· . Western Australia
1/7/13
$782.51
$793.83
1/7/14
$805.31
$816.96
$828.78
1/1{16
$840.77
Former WOW Liquor
Employee Level2
(Non-Extended Trade
Store)
$768.75
$779.87
$791.16
$802.60
$814.21
$825.99
Former WOW Liquor
Employee Level3
(Extended Trade Store)
$804.26
$816.49
$828.90
$841.50
$854.30
$867.29
Former wow Liquor
Employee Level3
(Non-Extended Trade
Store}
$792.47
$806.90
$821.59
$836.55
$851.78
$867.29
Former wow liquor
Employee Level3b
(Extended Trade Store)
$817.20
$829.04
$841.03
$853.19
$865.53
$878.05
Former WOW Liquor
Employee Level3b
(Non-Extended Trade
Store}
$802.93
$814.55
$826.33
$838.28
$850.40
$862.70
Former WOW Liquor
Employee Level4
(Extended Trade Store}
$830.73
$842.76
$854.95
$867.31
$879.86
$892.58
Former WOW Liquor
Employee Level4
(Non Extended Trade
Store)
$816.29
$828.11
$840.08
$852.21
$864.55
$877.05
Former WOW Liquor
Employee Levei:Z
{Extended Trade Store) ·
1/1/14
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1/7/15
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South Australia/ Northern Territory
Former WOW Liquor
Employee Level 2
$765.27
$776.34
$787.58
$798.97
$810.53
$822.25
Former WOW Liquor
Employee Level 3
$797.16
$809.98
$823.01
$836.25
$849.70
$863.37
Former wow Liquor
Employee Level3b
$811.18
$822.91
$834.82
$846.89
$859.14
$871.56
Former WOW Liquor
Employee Level4
$826.50
$838.47
$850.60
$862.90
$875.37
$888.03
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APPENDIX B:
SAVINGS CLAUSES
Saved Provisions under Previous Awards and Agreements
a)
Any employee· engaged fn a BWS or Woolworths Liquor operation who is entitled to saved
condttioos in previous Awards and Agreements, as a result of employment with Woolworths.
Ltd and where there is no break in the employee's employment that would negate the
entitlement, will be entitled to continue to receive those saved conditions under this BWS
Agreement.
b)
Any employee engaged in a BWS or Woolworths Liquor operation who is entitled to agreed
saved conditions arising from their employment by Woolworths Ltd being as a result of a
trai'\Sfer of business, where there is no break in the employee's employment that would
negate the entitlement, will be entitled to continue to receive those saved conditions under
this BWS Agreement.
following saved provisions apply to employees previously covered by the BWS Enterprise
Agreement 2010.
The
New South Wales and the Australian Capital Territory
1. Saturday and Sunday Evenlng Hours- All Stares except Woolworths Town Hall.
Employees engaged as at 1" October, 1995 in NSW or Acr supermarket operations (other than at
the Town Hall store) and not worklng after 6.00pm on Sundays or Saturdays as at that date shafl not
be required to work beyond 6.00pm on these days.
2. Sunday Work -All stores
Employees engaged prior to 25th October, 1991 were protected from working Sundays under their
previous awards in New South Wales and ACT and it shall remain voluntary for those employees to be
rostered to work Sundays provided:-
i.
Where an employee protected by this sub-clause transfers at their own request to a
store where Sunday trading is already lawful, the employee will not have the right to
refuse to work on Sundays at the new store.
il.
Where an employee transfers at the Company's request from a non Sunday trading
store to another store where Sunday trading is lawful, the employee will retain the
right to refuse to work on Sunday at the new store.
An employee referred to above may elect to work on a Sunday for a limited period under written
agreement provided that at the end of the period of the Sunday work, the employee's right to refuse
to work on Sundays would remain unimpaired.
Western Australia
1.
No employee engaged in Western Australia prior to the 1i" May 2011, shaU have their hourly rate
of pay, as at the date of certification of the Woolworths Ltd (WA) Agreement 2008, including
penalty rates and overtime, reduced as a result of the making of this Agreement, except that the
previously applicable loading on additional hours worked by part-time meat unit employees shall
no longer apply.
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South Australia and the Northern Territory
·'!•···
1.
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This provision relates to employees engaged on or after 2 June 1997 and prior
5 June 2ooo in
stores In South Australia and the Northern Territory. For such employees, theJo)lowing penaltiE1S ,
shall apply when-ordinary hours are worked during the following hours:. ·
· ·· ·
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6:00pm Saturday until 9:00pm Saturday- 25% penalty
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2. This provision relates to employees engaged on after 2 June 1997 but. prior to the date of effect of
the BWS Agreement 2010 in stores in South Australia and the Northern Territory. For such
employees, the following penalties shall apply when ordinary hours are worked during the
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following hours:
a
9:00pm Saturday until 10;00pm Saturday- 25% penalty
3. This provision relates to employees engaged on or after 2 June 1997 but prior to 9 June 2003 in
stores in South Australia and the Northern Territory. For such employees, the foffowing penalties
shall appty when ordinary hours are worked during the following hours:
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5:00pm Sunday until 9:00pm Sunday- 75% penalty
4. This provision related to employees engaged on or after 9 June 2003 but prior to the date of effect
of the BWS Agreement 2010 In stores in South Australia and the Northern Territory. For such
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employees, the following penalties shall apply when ordinary hours are worked during the
following hours: (Inclusion as per BWS Log of Claims)
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6:00pm Sunday until 9:00pm Sunday- 50%
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This provision relates to weekty employees who, immediately prior to the commencement of the
operation of this Agreement were covered by the Woolworths liquor Agreement 2012 and were
in receipt of a Key Holder Allowance.
Such employees will continue to receive the Key Holder allowance provided that the employee
continues to be responsible for the open or closure of the store and the activation or deactivation
of the alarm system.
For the avoidance of doubt, the Key Holder Allowance will cease if:
•
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The employee is no longer covered· by the provisions of this Agreement for any reason; or
The employee transfers to a BWS "Freestanding" site where the payment of a Key Holder
allowance is not applicable.
eligible employees wlll be paid the Key Holder allowance at the following rates:
From l/7/it{ )':~
~·· ~ ___. ~:-;:-;:- ;.~.
Per Day
Per week
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Key Holder Allowance
$2.81
$14.18
$2.89
$14.61
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$15.05
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Long Service Leave Broken Hill
6.
Long service leave provisions for Broken Hill employees shall be as per the NSW Long Service Leave Act
1955, provided however that 13 weeks long service leave wilr be granted at the end of 10 full complete
years in lieu of 15 years as now set out in the NSW Long Service Leave Act 1955.
This concession only commences to accrue on or aft1:r 1 January 1971. All other provisions, conditions,
durations and qualifying periods etc., of the NSW Long Service Leave Act 1955 remain unaltered and
are not affected by the above concession of 13 weeks long service leave for 10 years service.
Victoria
The following provisions apply to all employees engaged prior to the 12th May 2011.
1. Easter Sunday
Permanent employees rostered to work on Easter Sunday in a store which is not able to trade on
Easter Sunday and engaged fn Victorian BWS operations will receive the day off with pay including the
applicable penalty.
2.Personal Leave with Penalties
Employees will continue to receive ordinary pay inclusive of penalties for persona! leave in addition
to personal leave entitlements as per Clause 6.2.
3. Voluntary work after 6.00pm Saturday or on Sunday
Work after 6.00pm Saturday or on Sunday shall only be voluntary for those weekly employees who
were in the employ of Woolworths Ltd as at 1 November 1993 and who were then not required to
work such times as part of their ordinary Hours.
4. Compassionate leave
An empFoyee shall be entitled to the following:
a)
Three (3) days paid Compassionate leave upon the death of a member of the employee's
household.
b)
Where Compassiorlate Leave has been exhausted, up to three days paid Personal Leave may
be used for all relationships listed in Clause 6.3 ofthis Agreement.
Tasmania
The Company gives a commitment that where as a result of imptementation of the Agreement, the
hourly rate of pay inclusive of penalties and/or loadings for an employee's classification of work {i.e.
full-time, part-time or casual) decreases from the rate which would have been applicable under the
previous Award on the 1st July 2010, the higher hourly rate of pay will be maintained for that
employee until the applicable hourly rate of pay specified in this Agreement increases to the previous
hfgher rate.
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APPENDIX C- SAVINGS PROVISIONS~ WOOLWORTHS liQUOR AGREEMENT 2012
· · ' SAVINGS! Wool':f"orths Liquor Agreement 2012
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Any and all applicable Savings contained in Clause 13 of the W~olw~rths Liquor Agreement
~012 shall continue to apply to all Woolworths employees working in stores trading as BWS.
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