Shop, Distributive and Allied Employees Association of Western Australia and PVS Jobskills

The Shop, Distributive and Allied Employees’

Association of Western Australia and PVS Jobskills

No. 1 Retail Employees’ Agreement

No. AG208 of 1995

1. - TITLE

This Agreement shall be known as the ‘The Shop, Distributive and Allied Employees’ Association of Western Australia and PVS Jobskills No. 1 Retail Employees’ Agreement”, No. AG208 of 1995.

2. - ARRANGEMENT

1.Title

2.Arrangement

3.Object

4.Area and Scope

5.Definitions

6.Terms of Agreement

7.Jobskills Trainee

8.Reservation

9.Signatures Clause

Appendix - Resolution of Disputes Requirement

3. - OBJECT

The object of this Agreement is to provide the form and substance of the conditions of employment, including rates of pay, applicable to adult retail trainees employed by the Company in Western Australia employed through PVS under the Commonwealth Government Jobskills program and who but for this agreement would be covered by The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977 (No. R32 of 1976) hereinafter referred to as “the Award”.

4. - AREA AND SCOPE

This agreement applies to employees engaged under the Jobskills program by the employers named in Clause 9. - Signatories of this Agreement through PVS in the state of Western Australia. In so far as the terms of this agreement vary from the terms of the Award, this agreement shall prevail. In all other respects, the terms of the Award shall continue to operate.

5. - DEFINITIONS

(1)“PVS” shall mean “Professional Vocational Services” of 17 Southport Street, Leederville, Western Australia, 6007, who are responsible for the management of this program.

(2)“The Company” shall mean any of the employers named in Clause 9. - Signatories of this Agreement.

(3)“Jobskills Program” shall mean the trial of the Commonwealth Government’s Jobskills program in the retail industry. The objective of Jobskills is to improve the long term employment prospects of people who have been unemployed for 12 months or more by equipping them with new skills, work experience and training.

(4)“Jobskills trainee” is an employee who is employed under the conditions applying in the Commonwealth Government Jobskills program guidelines.

(5)“SDA” shall mean The Shop, Distributive and Allied Employees’ Association of Western Australia.

(6)“The Award” shall mean The Shop Warehouse (Wholesale and Retail Establishments) State Award 1977 (No. R32 of 1976).

6. - TERMS OF AGREEMENT

(1)The Agreement shall operate from 1 August 1995, for a period of twelve months.

(2)The Agreement may be extended by agreement in writing between the parties for up to two further periods of six months.

(3)If not renewed, or after having been renewed twice, the Agreement shall cease.

(4)This Agreement shall not be used in the arbitration of any other matter and shall not be seen as a precedent for any other matter.

7. - JOBSKILLS TRAINEE

(1)Training Conditions

(a)A Jobskills trainee shall attend approved on and off-the-job training prescribed in the relevant training agreement, or as notified to the Jobskills trainee by the company or agent.

(b)Jobskills trainees will receive, over a period of up to 26 weeks a mix of supervised work experience, structured training on-the-job and off-the-job and the opportunity to practice new skills in a work environment.

(c)Jobskills trainees may only be engaged by employers to undertake activities under the Jobskills program guidelines. The employer shall ensure that the Jobskills trainee is permitted to attend the prescribed off-the-job training and is provided with the appropriate on-the-job training.

(d)The employer shall provide an appropriate level of supervision in accordance with the approved training plan.

(2)Employment Conditions

(a)(i)Jobskills trainees shall be engaged in addition to existing staff levels.

(ii)No existing casual or part-time employee shall have hours reduced by the employment of a Jobskills trainee.

(iii)Jobskills trainees shall not fill permanent positions within any retail establishment.

(b)(i)Jobskills trainees shall be engaged for a period of 26 weeks as full-time employees.

(ii)Notwithstanding subparagraph (i) of paragraph (a) hereof, the union and the company may agree in writing for a period of engagement of less than 26 weeks.

(c)Jobskills trainees shall be permitted to be absent without loss of continuity of employment to attend the off-the-job training in accordance with the training plan. However, except for absences provided under the Award, failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absence.

(d)Ordinary hours for a jobskills trainee shall be 7.00 am to 6.00 pm Monday to Friday only. Ordinary hours shall be 38 per week with 4 days on-the-job and one day of formal training off-the-job each week.

(e)Overtime shall not be worked by a Jobskills trainee.

(f)The SDA shall be afforded reasonable access to Jobskills trainees for the purposes of explaining the role and function of the Union and enrolment of the trainee as a member.

(3)Wages

The weekly wage payable to Jobskills trainees shall be $300.00 which rate shall be for all purposes of this agreement and shall take account of the range and extent of training provided.

8. - RESERVATION

The parties to this agreement reserve the right to seek its variation or revocation if circumstances develop in the operation of the Jobskills program which adversely affect their interests or the interests of their members to the extent that the variation or revocation is warranted.

9. - SIGNATURES CLAUSE

______for and on behalf of The Shop, Distributive and Allied

MARK BISHOPEmployees’ Association of Western Australia

2nd Floor, 256 Adelaide Terrace, Perth WA 6000

______for and on behalf of Thomsons Pty Ltd T/A Thomsons

WAYNE BERNARD HARSTONPerth and Joondalup, 810 Hay Street, Perth WA 6000

______for and on behalf Cassidy Holdings Pty Ltd T/A

Poolmart Cottesloe

______for and on behalf A J Nominees Pty Ltd And Lictford

Nominees T/A Porters Liquor Applecross

______for and on behalf Cancer Foundation of

CHRIS KENNINGTONWestern Australia Inc

APPENDIX - RESOLUTION OF DISPUTES REQUIREMENT

(1)This Appendix is inserted into the award/industrial agreement as a result of legislation which came into effect on 16January 1996 (Industrial Relations Legislation Amendment and Repeal Act 1995) and further varied by legislation which came into effect on 23May 1997 (Labour Relations Legislation Amendment Act 1997).

(2)Subject to this appendix, and in addition to any current arrangements the following procedures shall apply in connection with questions, disputes or difficulties arising under this award/industrial agreement.

(a)The persons directly involved, or representatives of person/s directly involved, shall discuss the question, dispute or difficulty as soon as is practicable.

(b)(i)If these discussions do not result in a settlement, the question, dispute or difficulty shall be referred to senior management for further discussion.

(ii)Discussions at this level will take place as soon as practicable.

(3)The terms of any agreed settlement should be jointly recorded.

(4)Any settlement reached which is contrary to the terms of this award/industrial agreement shall not have effect unless and until that conflict is resolved to allow for it.

(5)Nothing in this appendix shall be read so as to exclude an organisation party to or bound by the award/industrial agreement from representing its members.

(6)Any question, dispute or difficulty not settled may be referred to the Western Australian Industrial Relations Commission provided that with effect from 22 November 1997 it is required that persons involved in the question, dispute or difficulty shall confer among themselves and make reasonable attempts to resolve questions, disputes or difficulties before taking those matters to the Commission..

VARIATIONRECORD

NO AG 208 OF 1995

Delivered 13/11/95 at 75 WAIG 3238

Consolidated

CLAUSEEXTENT OFORDEROPERATIVEGAZETTE

NO.VARIATIONNO.DATEREFERENCE

1.Title

2.Arrangement

Ins. Appendix - Resolution...693/9616/07/9676 WAIG 2768