SHOWBITS PERTH AND SDA AGREEMENT 2003
AG 228/03
1. TITLE
This Agreement shall be known as the Showbits Perth and SDA Agreement 2003.
2. ARRANGEMENT
1. Title
2. Arrangement
3. Area and Scope
4. Supersession of Previous Awards and Agreements
5. Term
6. Definitions
7. Termination of Employment
8. Contract of Employment
9. Hours of Work and Rostering Provisions
10. Display of Rosters
11. Overtime
12. Meal Breaks and Rest Periods
13. Meal Money
14. Sick Leave
15. Bereavement Leave
16. Public Holidays
17. Annual Leave
18. Long Service Leave
19. Payment of Wages
20. Wages
21. Time and Wages Record
22. Higher or Lower Duties
23. Protective Clothing
24. Limitation of Work
25. Travelling and Transfers
26. Anti-Discrimination
27. OHS Goals and Objectives
28. Change and Rest Rooms
29. First Aid Kit
30. Posting of Agreement and Union Notices
31. Location Allowances
32. Superannuation
33. Jury Service
34. Traineeships
35. Introduction of Change
36. Redundancy
37. Grievance Procedure
38. Union Recognition and Union Membership
39. Right of Entry
40. Trade Union Training Leave
41. Union Delegates
42. Signatories
Appendix 1 – Supported Wage System
Appendix 2 – Parental Leave
3. AREA AND SCOPE
This Agreement shall be binding upon Cracker Jacks Holdings Pty Ltd (“the employer”) trading as Showbits Perth and the Shop, Distributive and Allied Employees’ Association of Western Australia (“theUnion”) in respect of all employees who are eligible to join the Union employed in the classifications defined in Clause 6 – Definitions by the employer throughout the State of Western Australia.
It is estimated that upon its registration this Agreement shall apply to 2 employees.
4. SUPERSESSION OF PREVIOUS AWARDS AND AGREEMENTS
No other Award or Agreement shall apply to any employee bound by the terms of this Agreement.
5. TERM
(1) This Agreement shall come into force on the day of its registration and shall continue to operate until 30th June 2005.
(2) Notwithstanding subclause (1), this Agreement shall continue to have effect beyond the
date of expiry until a new Agreement is made, or either the employer party or the union elects to retire from this Agreement in accordance with the provisions of the IndustrialRelations Act.
(3) The parties to the Agreement agree to commence negotiations for a new Agreement six
months prior to the expiry of this Agreement.
6. DEFINITIONS
(1) "Retail Employee Grade I" shall mean a service assistant engaged in a retail or wholesale establishment who is in the first six months of employment and who is gaining the skills required of an Retail Employee Grade II, provided that no employee aged under 16years may be employed in this classification.
(2) "Retail Employee Grade II" shall mean an employee performing one or more of the following functions in a retail or wholesale establishment:
a) the receipt of and preparation for sale and/or display of goods in or about any shop,
b) the packaging or packing, weighing, assembling, pricing or preparing of goods or provisions or produce for sale,
c) the display, shelf filling, replenishing or any other method of exposure or presentation for sale of goods,
d) the sale of goods by any means,
e) the receiving, arranging, or making payment by any means,
f) the recording by any means of a sale or sales,
g) the wrapping or packing of goods for dispatch.
h) the receiving, handling, storing, assembling, recording, preparing, packing, weighing and/or wrapping, branding, sorting, stacking or unpacking, checking, distributing, or dispatching goods in a shop, store or warehouse or the delivering of goods from a shop, store or warehouse including the proper checking of branding and marking of goods and the keeping of necessary records. Such functions may include the use of computerised or mechanical equipment.
i) the collection or requisitioning of goods in or from places other than the employer’s establishment.
j) the collection of monies in or from places other than the employer’s establishment.
k) the arranging, creating, labelling or presentation of merchandise, fixtures and the surrounding areas. Such functions may include the use of tools, paint or other equipment associated with the visual display and presentation of merchandise.
l) the production of tickets and/or show cards.
The functions set out in this sub clause include the work of soda fountain and/or milk bar assistants, messengers, checkout operators, persons employed on information desks or booths, refund assistants, persons employed on service desks, persons employed as bag checkers in or about the entrance to stores, persons employed on customer service or as door greeters, persons employed as lay buy attendants, persons employed in hiring out activities in a shop, persons engaged in the cooking and/or preparation of provisions for sale in a shop, persons engaged to collect trolleys by any means, persons engaged as spruikers in shops, persons engaged in operating photographic processing machinery, store persons, dispatch hands, packers, canvasses, collectors, window dressers, visual merchandisers and ticket writers.
(3) Retail Employee Grade III shall mean an employee engaged in retail service functions including office and or/cashier duties or maintaining the pricing file, in store ticketing or office technology functions and who may also perform the duties of a Retail Employee Grade II on a needs basis.
(4) A store operating “extended trading hours” shall mean a store which is open for trading later than 6.00pm on more than one night of the week or a store which is usually open for trading on Sundays.
(5) “Existing Employee” shall mean an employee, whether full time, part-time or casual, who is employed prior to the date of registration of this Agreement.
(6) “Probationary Employee” shall mean a permanent employee who is in his or her first three months of employment with the employer and whose employment may be terminated by giving or receiving one day’s notice.
(7) “Continuous Service” includes all service with the employer from the date of engagement but shall not include, in any year, unauthorized absences of more than one week or authorized unpaid absences of more than one week due to sickness or injury.
7. TERMINATION OF EMPLOYMENT
(1) Permanent Employees
(a) Should the employer wish to terminate a permanent employee, the following
period of notice shall be provided:
Period of Continuous Service Period of Notice
Not more than 3 months 1 day
Not more than 1 year 1 week
More than 1 year but not more than 3 years 2 weeks
More than 3 years but not more than 5 years 3 weeks
More than 5 years 4 weeks
(b) Employees over 45 years of age with 2 or more years of continuous service at the
time of termination, shall receive an additional week's notice.
(c) Where the relevant notice is not provided, the employee shall be entitled to payment in lieu. Provided that employment may be terminated by part of the period of notice and part payment in lieu.
(d) Payment in lieu of notice shall be calculated using the employee's ordinary time weekly wage as prescribed by this Agreement.
(e) The period of notice in this Clause shall not apply in the case of dismissal for conduct that justifies instant dismissal, including theft, malingering, inefficiency or neglect of duty or, if after receiving notice of termination, such employee does not carry out his or her duties in the same manner as he or she did prior to such notice.
(f) Notice of termination by employee
Except in the first 3 months of service, 1 week's notice shall be necessary for an employee to terminate his or her engagement or the forfeiture of 1 week's pay by the employee to the employer in lieu of notice. In the first three months of service, an employee may give 1 day's notice to terminate his or her employment, or the forfeiture of 1 day's pay by the employee to the employer in lieu of notice.
(g) Statement of Employment.
The employer shall, when requested, provide to an employee a written statement specifying the period of their employment and the classification of or the type of work performed by the employee.
(2) Casual Employees
The employment of a casual employee may be terminated by the giving or receiving of one hour’s notice or payment in lieu thereof.
(3) Unfair Dismissals
Termination of employment by the employer shall not be harsh, unjust or unreasonable, whether notice has been given or not.
Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, terminations on the grounds of race, colour, sex, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.
(4) Grievance Procedures
In the event of a dispute arising from the operation of this Clause, the matter should be dealt with in accordance with the provisions of Clause 37 Grievance Procedure hereof.
8. CONTRACT OF EMPLOYMENT
(1) The employer may engage employees on either a full-time, part-time, casual or limited tenure basis.
(2) Full-time employees shall be permanent employees engaged on weekly hire on the basis of working 152 ordinary hours in each 4 week roster cycle subject to the rostering provisions of Clause 9. Hours of Work and Rostering Provisions hereof.
(3) Part-time employees shall be permanent employees engaged on weekly hire for an agreed number of hours, with a minimum of 36 ordinary hours and a maximum of 128 ordinary hours in each 4week cycle. A part-time employee’s “Core Hours” shall be the agreed number of hours regularly worked by the employee. A part-time employee’s core hours may be permanently increased by agreement subject to the maxima of ordinary hours prescribed by this Agreement or, decreased as prescribed by Clause 9 (4) of this Agreement. A part-time employee’s hours may be temporarily increased by additional hours as prescribed by Clause 9 (3) of this Agreement.
(4) Casual employees shall be engaged on an hourly basis subject to the rostering provisions prescribed by Clause 9. Hours of Work and Rostering Provisions hereof, provided that a casual employee may not be rostered to work in excess of 32 ordinary hours in any week.
(5) The employer shall have the right to engage either new employees or casual or part-time employees who are already in the employment of the employer as full-time or part-time employees on a “Limited Tenure” basis.
Employees engaged on a limited tenure basis shall be subject to all of the provisions of this Agreement governing full-time or part-time employees, as appropriate, including entitlements to paid leave, but shall be employed for a fixed period of time subject to the following provisions:
(a) The period of limited tenure shall be no less than two weeks and not more than 12months.
(b) The purpose of limited tenure employment shall be either:
(i) to replace an employee absent on Annual, Sick, Parental or other forms of approved leave, or,
(ii) to meet trading needs during the peak periods four weeks prior to and four weeks after Christmas and two weeks prior to and two weeks after Easter.
(c) Subject to the 12 month maximum period of limited tenure engagement, a period of limited tenure may be extended, once, by agreement between the employee and the employer.
(d) Prior to the commencement of a period of limited tenure, the employee shall be advised in writing of the nature of the work, the hours to be worked, the proposed weekly earnings and the commencing and ceasing dates of their limited tenure employment.
(e) Limited tenure employment shall be voluntary, and, at the conclusion of the limited tenure period, an employee who had been engaged by the employer prior to the period of limited tenure shall revert to a position of employment that is no less advantageous to the employee than that which existed prior to the full-time or part-time period of employment.
(f) An employee who accepts a change to limited tenure shall not be disadvantaged with respect to his or her terms and conditions of employment and any savings provisions prescribed by this Agreement to which the employee may be entitled shall continue to apply while the employee is engaged on a limited tenure basis.
(6) The parties are committed to maximising permanency of employment and full-time employment consistent with the needs of the business.
9. HOURS OF WORK AND ROSTERING PROVISIONS
(1) The ordinary hours of work may be rostered over 24 hours per day, seven days per week subject to the provisions of this Clause.
(2) Permanent Employees
Within the 4 weekly maxima of ordinary hours for full-time and part-time employees prescribed by Clause 8. Contract of Employment, permanent employees shall be rostered to work their ordinary hours subject to the following provisions:
(a) Not more than 48 ordinary hours in any week.
(b) Not more than 6 ordinary hours work commencements in any week.
(c) Not more than 10 ordinary hours work commencements in any fortnight.
(d) Not more than 6 consecutive ordinary hours work commencements.
(e) Not more than 10 ordinary hours on any day or shift, exclusive of meal breaks.
(f) Not less than 3 ordinary hours on any day or shift, provided that, in the case of part-time employees, an employee may be rostered to work not less than one hour on not more than six occasions in any year for the purpose of training or attendance at a staff meeting. Such periods of less than three hours shall be in addition to the part-time employee’s core hours and shall be worked in accordance with subclause(3) hereof.
(g) A part-time employee shall have a minimum of two ordinary hours work commencements in any week.
(h) Employees shall either be granted two consecutive days without an ordinary hours work commencement each week or three consecutive days without an ordinary hours work commencement each fortnight.
(i) The ordinary hours of work, exclusive of meal breaks, on any day or shift shall be consecutive.
(j) When rosters are being established or varied, the employer shall have regard to an employee’s family responsibilities and to whether or not the employee can reasonably obtain safe transport home.