Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947
1. - TITLE
This award shall be known as the Clerks' (Wholesale & Retail Establishments) Award No. 38 of 1947 as amended and consolidated.
1B. - MINIMUM ADULT AWARD WAGE
(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
(2)The minimum adult award wage for full-time employees aged 21 or more is $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.
(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.
(4)Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
(5)Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.
(6)The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
(7)Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
(8)Subject to this clause the minimum adult award wage shall –
(a)Apply to all work in ordinary hours.
(b)Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
(9)Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2016 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
(10)Adult Apprentices
(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.
(b)The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.
(c)Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d)Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.
2. - ARRANGEMENT
1.Title
1B.Minimum Adult Award Wage
2.Arrangement
2A.No Extra Claims
3.Area
4.Scope
5.Term
6.Definitions
7.Hours of Duty
8.Overtime
9.Meal Allowance
10.Holidays
11.Classifications and Wage Rates
12.Annual Leave
13.Sick Leave
14.Contract of Service
15.Reference
16.Record
17.Deleted
18.Travelling Time
19.Mixed Functions
20.Aged and Infirm Workers
21.Proportion of Juniors
22.Certificate of Age
23.General
24.Right of Entry
25.Compassionate Leave
26.Deleted
27.Long Service Leave
28.Location Allowance
29.Deleted
30.Maternity Leave
31.Shift Work
32.Uniforms
33.Traineeships
34.Superannuation
35.Special Conditions
36.Award Modernisation (Enterprise Agreements)
37.Annualised Salaries
38.Liberty to Apply
Appendix - Resolution of Disputes Requirement
Schedule - Named Union Party
Schedule of Respondents
Appendix - S.49B - Inspection Of Records Requirements
2A. - NO EXTRA CLAIMS
It is a term of this award (arising from the decision of the Commission in Court Session in Application No. 704 of 1991) that the Union will not pursue prior to 15th November 1991 any extra claim, award or overaward, except where consistent with the State Wage Principles.
3. - AREA
The award shall operate within the State of Western Australia excepting that portion of the State within the 20th and 26th parallels of latitude and the 125th and 129th meridian of longitude.
4. - SCOPE
This award shall apply to all workers employed as clerks (including telephone attendants and messengers where such workers do clerical work) in wholesale and retail establishments as carried on by the respondents engaged in the industries shown in column 1 of the schedule annexed hereto.
This award shall not apply to any State trading concern.
5. - TERM
The term of this Award shall be for a period of three years commencing as from the beginning of the first pay period after the date hereof. (This award was delivered on the 3rd day of June, 1948.)
6. - DEFINITIONS
For the purpose of this Award
(1) "Adult" shall mean a worker twenty-one years of age and over, or a worker who is in receipt of the prescribed adult rate of pay.
(2) "Double time" for the purpose of this Award means twice the prescribed rate of wage.
(3) "Wholesale establishment" shall mean any warehouse or place where goods are exclusively or principally sold for resale and/or where goods are sold for consumption and/or use in other businesses.
(4) "Retail Establishment" shall mean any establishment where retail mercantile business is exclusively or principally carried on.
7. - HOURS OF DUTY
(1)(a)Wholesale (except as provided in subclause (2) of this clause) and retail establishments:
(i)The hours usually worked in each establishment immediately prior to the first day of January one thousand nine hundred and eighty six, shall continue to be observed during the currency of this award.
(ii) Subject to paragraph (b) of this subclause the ordinary hours of duty shall not exceed thirty eight hours per week and shall be worked at the option of the employer, in a five or five and a half day week, Monday to Saturday inclusive between the hours of 7.00 a.m. and 6.00 p.m. Provided where the ordinary hours are worked over five and a half days the ordinary hours on the half day shall conclude no later than 1.00 p.m. Provided further that in wholesale establishments where clerical employees work in direct association with other employees who ordinarily commence work earlier than 7.00 a.m. the spread of hours shall be between 6.30 a.m. and 6.00 p.m. Monday to Saturday inclusive.
(iii) Subject to paragraph (b) of this subclause, not more than eight ordinary hours shall be worked on any day.
(b)(i)Employees may work later than 6.00 p.m. as a consequence of late night trading and may work not more than eleven and one half ordinary hours and not later than 9.00 p.m. on the day of late night trading.
(ii) In the district of the Shire of Mandurah the Union and an employer may agree to a different spread of ordinary hours in a retail store in order to allow thirty eight ordinary hours to be worked on the days Monday to Friday inclusive.
(iii) In establishments where 19 days or less are worked in each 4 week cycle, up to 40 hours may be worked in any three weeks of such cycle.
(iv) In establishments where not more than 4 hours are worked on one day of each 2 week cycle up to 40 hours in any one week may be worked on one of those two weeks.
(2)(a)Fruit and Produce Markets, Ice and Ice-cream establishments and Milk and Cream establishments:
In fruit and produce markets, and ice or ice-cream establishments and milk and cream depots, or in the establishments of dealers in milk and/or cream, the maximum hours of duty to constitute a week's work shall, subject to paragraph (b), not exceed thirty eight hours to be worked in five or five and one half day week, Monday to Saturday inclusive, at the option of the employer, provided that in the case of fruit and produce markets the maximum daily spread of ten hours without overtime shall be allowed.
(b)(i)In establishments where 19 days or less are worked in each four week cycle, of 28 days, up to 40 hours may be worked in any three weeks of such cycle.
(ii) In establishments where not more than 4 hours are worked on one day of each two week cycle up to 40 hours in any one week may be worked on one of those two weeks.
(3)The lunch break of not less than 30 minutes and not more than one hour shall be taken at a time mutually agreed between the employer and the employee between the hours of 11.30 a.m. and 2.30 p.m. provided that the maximum period to be worked without a lunch break is five hours.
(4)(a)Any work performed as part of the ordinary weekly hours of duty of a 5½ day week employee up to 12.00 noon on the day on which the weekly half holiday is observed shall be paid at the rate of time and a half.
(b) Any work performed as part of the ordinary weekly hours of duty up to 12 noon on a Saturday shall be paid for at the rate of time and a quarter but this paragraph shall not apply to a employee entitled to payment under paragraph (a) hereof on that Saturday. Ordinary hours worked between 12 noon and 6.00 p.m. on Saturday shall be paid for at the rate of time and one half.
(c) Notwithstanding the provisions of paragraphs (a) and (b) of this subclause all time worked on Saturday, Easter Eve, within ordinary hours shall be paid for at the rate of time and one half.
(d) Late work: Any work performed as part of the ordinary weekly hours of duty after 6.00 p.m. in retail stores on the day of late trading shall be paid at the rate of time and a quarter.
(5)In those establishments where immediately prior to the first day of January nineteen hundred and eighty six the ordinary hours of duty exceeded thirty eight in any one week the thirty eight hour week shall be implemented by one of the following methods:
(a)In establishments employing on a regular basis 15 or more employees per week an employee shall not, unless specific agreement exists to the contrary between an employer and an employee, be required to work ordinary hours on more than 19 days in each 4 week cycle.
(b) In establishments employing on a regular basis more than 5 employees but less than 15 employees per week, unless specific agreement exists to the contrary between an employer and an employee, an employee may only be required to work:
(i)not more than 19 days' work in each 4 week cycle; or
(ii) not more than 4 hours' work on one day of each 2 week cycle; or
(iii)not more than 6 hours' work on one day in each week.
(c)In establishments employing on a regular basis 5 or less employees:
(i)by employees being required to work not more than 19 days in each 4 week cycle; or
(ii) by employees being required to work not more than 4 hours on one day of each 2 week cycle; or
(iii) by employees being required to work not more than 6 hours on one day of each week; or
(iv) by employees being required to work less than 8 ordinary hours on each day.
(d)In any case where agreement is reached between an employer and an employee pursuant to paragraph (a) and (b) of this subclause, the Union shall be notified in writing no later than 7 days prior to the implementation of such agreement.
(e) Any dispute concerning the method of implementation shall be referred to the Commission for determination.
(f) An employee shall not be required to work on a day or partial day when such a day is the rostered day or partial day off for that employee, unless such employee elects to work on such day. Where an employee so elects, all time worked shall be paid for at double time, with a minimum payment of four hours at double time.
(g) By agreement, employees may request an alternate day to the rostered day off within the current cycle for personal reasons.
(h) Schedules of Rostered Days Off shall be published and displayed in a place accessible to staff one month in advance.
(i) If a public holiday falls on a rostered day off due to an employee under placita (i) or (ii) of paragraph (b) of this subclause, such employee shall be compensated in one of the following methods by agreement between the employer and the employee:
(i)payment of an additional day's wages, or
(ii)another day shall be allowed with pay within twenty eight days, or
(iii)an additional day shall be added to the annual leave entitlement.
(6)(a)Paragraphs (b) and (c) of this clause apply to all those establishments where immediately prior to the first day of January 1986 the ordinary hours of duty exceeded 38. In the case of establishments where immediately prior to the first day of January 1986 the ordinary hours of duty were 38 hours or less subclauses (b) and (c) of this clause may only be applied after that date, where an employer introduces a system of working ordinary hours on not more than 19 days in each 4 weekly cycle. Where any method of payment other than weekly payment by cash had been introduced prior to the said date, that alternate method of payment may only continue for so long as each employee so paid agrees.
(b)(i)The employer may elect to pay employees in cash, by cheque or by means of a credit transfer to a bank, building society or credit union account in the name of the employee. The day that the credit transfer is credited to the employee's account shall be deemed to be the date of payment.
(ii) Payment shall be made within three trading days from the last day of the pay period and if in cash or by cheque shall be made during the employee's ordinary working hours.
(iii) No employer shall change its method of payment to employees without first giving then at least four weeks' notice of such change.
(iv) No employee shall be required to accept a change in the method of payment if such change causes hardship. Any dispute concerning hardship in a particular case shall be referred to a Board of Reference for determination.
(c)(i)The employer may elect to pay employees weekly or fortnightly in accordance with paragraph (b) of this clause.
(ii) No employer shall change the frequency of payment to employees without first giving them and the Union at least four weeks' notice of such change.
(iii) The method of introducing a fortnightly pay system shall be by the payment of an additional week's wages in the last weekly pay before the change to fortnightly pays to be repaid by equal fortnightly deductions made from the next and subsequent pays provided the period for repayment shall not be less than 20 weeks, or some other method agreed upon by the Union and the employer.
(7)For the purposes of affecting the rostering off of workers as provided by this award, ordinary wages may be paid either for the actual hours worked each pay period or by an amount being calculated on the basis of the average of 38 hours per week.
(8) Notwithstanding the other provisions of this clause an employer and the Union may agree that ordinary hours shall be worked over 19 days of a four week cycle on such other basis as may be agreed. Such agreement shall be in writing.
8. - OVERTIME
(1)Except as hereinafter provided in this clause, all time worked on any one day outside the ordinary hours of duty shall be paid for at the rate of time and one half for the first two hours and double time thereafter. All time worked on a Saturday after 6.00 p.m. or after 1.00 p.m. if the half day is observed on that day shall be paid for at the rate of double time.
(2) All time worked on Sundays shall be paid for at the rate of double time.
(3)(a)Subject to paragraph (b) hereof all time worked on any of the holidays prescribed by this award shall be paid for at the rate of double time and a half.
(b) In fruit and produce markets, ice and ice-cream establishments, milk and cream depots and the establishments of dealers in milk and cream, the worker shall be paid for work on holidays during "ordinary" hours, his ordinary day's pay, plus half time rate for the time actually worked and shall in addition be allowed a day in lieu to be added to his annual leave, or taken some other time if the worker and employer agree. For work in "overtime" hours a worker employed in one of the abovementioned establishments shall be paid overtime as provided in paragraph (a) hereof, where the time is worked continuously with work in "ordinary" hours.
Provided that where the worker and employer mutually agree, a worker shall be paid for work on holidays in accordance with the provisions of paragraph (a) of this subclause.
(4)Notwithstanding any other provision of this clause any recall to work on any day of the week shall be paid for with a minimum payment as for three hours at overtime rates and time reasonably spent in travelling shall be counted as time worked.