SHOP EMPLOYEES' (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 1678 of 2004)
Before Mr Deputy President Sams / 14 July 2004REVIEWED AWARD
1. Delete subclauses (ii) and (iii) of clause 2, Definitions, of the award published 18 May 2001 (324 I.G. 935), and insert in lieu thereof the following:
(ii) “Special Shops” means and includes audio shops, book shops, video shops, cake and pastry shops, cooked provisions shops, take-away food shops, fish shops, flower shops, garden plant shops, hairdressers' shop, newsagencies, pet shops, souvenir and gift shops, tobacconists' shops (each as defined in Schedule 1 to the Shops and Industries (Trading) Regulation 2002 to the Shops and Industries Act 1962), small shops (as defined in Section 78B of the Shops and Industries Act 1962) and retail liquor shops.
(iii) "Confection Shops” means and includes confectioners' shops, refreshment shops and fruit and vegetable shops as defined in Schedule 1 of the Shops and Industries (Trading) Regulation 2002 to the Shops and Industries Act 1962),
2. Delete the words "Factories, Shops and Industries Act 1962." wherever appearing in the award and insert in lieu thereof the following:
Shops and Industries Act 1962.
3. Delete the reference "30 June 2000 (316 I.G. 897)" appearing in subclause (xi) of clause 2, Definitions, and insert in lieu thereof the following:
9 November 2001 (329 I.G. 329).
4. Delete the word "than" appearing in the third paragraph of paragraph (b), of subclause (B), of clause 4, Part-time Employees, and insert in lieu thereof the following:
then
5. Delete the numbers "12 1/2" and "17 1/2" appearing in subclause (b) of clause 5, Clausal Employees - All Shops, and insert in lieu thereof 12.5 and 17.5 respectively.
6. Delete the reference "paragraph (I)" appearing in paragraph (ii), of subclause (a), of clause 11, Shift Work (Night Fill) - General Shops, and insert in lieu thereof the following:
paragraph (i)
7. Delete subclause (viii), of clause 11, Shift Work (Night Fill) - General Shops, and insert in lieu thereof the following:
NOTATION: The above provisions are intended to cover the special features of night-fill work and will not be used as a precedent to achieve similar flexibility for day work.
8. Delete subclause (vii), of clause 16, Meal Times and Rest Pauses, and insert in lieu thereof the following:
(vii) Confection Shops - An employee commencing before 7.00 am in circumstances not covered by paragraph (ii) of subclause (III) of clause 10, Hours, shall be allowed not less than 30 minutes nor more than one hour off for breakfast before 9.00 am. If, through distance of residence, the employee cannot return home for breakfast, the employee shall be paid the sum set out in subclause (ii) of clause 6, Meal Allowances, for breakfast each morning the employee starts work before 7.00 am.
9. Delete the first and third paragraphs of subclause (B), of clause 17, Holidays, and insert in lieu thereof the following:
(B) Picnic Day - In addition to the holidays prescribed in paragraph (ii) of subclause (A) of this clause, full-time and part-time employees rostered to work shall be entitled to an additional holiday without loss of pay and this day shall be known as the picnic day of the appropriate union (namely, the Shop, Distributive and Allied Employees' Association, New South Wales, or the Shop Assistants and Warehouse Employees' Federation of Australia, Newcastle and Northern New South Wales).
Where the establishment of an employer remains open and a full-time or part-time employee volunteers to work on the picnic day of the appropriate union, such employee shall then be given another day off without loss of pay. Such alternative day shall be given and taken not later than 28 days after the nominated day on a day mutually agreed between the employer and the employee.
10. Delete the word "at" appearing in paragraph (c), of subclause (iv), of clause 18, Sick Leave, and insert in lieu hereof the following:
as
11. Delete the words "I February 1974" appearing in paragraph (a), of subclause (viii), of clause 23, Annual Holiday Loading, and insert in lieu hereof the following:
1 February 1974
12. Delete subclause (i), of clause 26, Facilities, and insert in lieu hereof the following:
(i) First-aid Outfit - See Occupational Health and Safety Regulation 2001.
13. Delete the word "employee" appearing in subclause (iii), of clause 26, Facilities, and insert in lieu hereof the following:
employer
14. Delete subclause (iii), of clause 28, Notations, and insert in lieu hereof the following:
(iii) Manual handling procedures will be consistent with the Occupational Health and Safety Regulation 2001.
15. Delete the word "Repeal" appearing in paragraph (c), of subclause (i), of clause 35, Allowances and/or Additional Rates, and insert in lieu hereof the following:
Repeals
16. Insert at the end of clause 37, Area, Incidence and Duration, the following new paragraphs:
The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of NSW on 28 April 1999 (310 I.G. 359) and take effect on 14 July 2004.
This award remains in force until varied or rescinded, the period for which it was made already having expired.
P. J. SAMS D.P.
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Printed by the authority of the Industrial Registrar.