[2012] fwaa 10414 - sda national · [2012] fwaa 10414 fair work australia decision fair work act...

[2012] FWAA 10414

FAIR WORK AUSTRALIA

DECISION Fair Work Act 2009 s.185 - Application for approval of a single-enterprise agreement

Woolworths Limited T/A BIG W Discount Department Stores &

Woolworths (SA) Pty Ltd (AG2012/13369)

BIG W STORES CERTIFIED AGREEMENT 2012

Retail industry

JUSTICE BOULTON, SENIOR DEPUTY PRESIDENT SYDNEY, 11 DECEMBER 2012

Application for approval of the BIG W Stores Certified Agreement 2012.

[1] An application has been made for the approval of an enterprise agreement known as the BIG W Stores Certified Agreement 2012 (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 that are relevant to this application for approval have been met.

[3] It is noted that the Agreement does not contain a flexibility term that complies with s.203 of the Act. In accordance with s.202( 4), the Agreement shall be taken to include all of the provisions of the model flexibility term set out in Schedule 2.2 of the Fair Work Regulations 2009 (the Regulations).

[4] The Shop, Distributive and Allied Employees Association and the Australian Workers' Union, Queensland have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note the Agreement covers the organisations

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[2012] FW AA 10414

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 December 2012. The nominal expiry date of the Agreement is 1 August 2015.

<Price code G, AE898755 PR532216>

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BIGWStores Agreement 2012

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New Stamp1

BIG W Stores Agreement 2012

PART1 INTRODUCTION 4

1.1 TITLE ...... : ............................................................................................................................................... 4 1.2 PARTIES AND COVERAGE ........................................................................................................................ 4 1.3 INTENTION .............................................................................................................................................. 4 1.4 DURATION ............................................................................................................................................... 4 1.5 DEFINITIONS ........................................................................................................................................... 5

PART2 THE WORK ENVIRONMENT 5

2.1 EQUAL EMPLOYMENT OPPORTUNITY ...................................................................................................... 5 2.2 ANTI-DISCRIMINATION ......................................................................................................... : ................. 5 2.3 OCCUPATIONALHEALTHANDSAFETY ................................................................................................... 5 2.4 ASSOCIATE SAFETY AND SAFE TRANSPORT ............................................................................................ 6 2.5 FACILITIES .............................................................................................................................................. 6 2.6 DISPUTE RESOLUTION ............................................................................................................................. 6 2.7 TRAINEESHIPS ......................................................................................................................................... 7 2. 8 POSTING OF THE AGREEMENT ................................................................................................................. 7

PART3 EMPLOYMENT DESCRIPTIONS 7

3.1 PERMANENT EMPLOYMENT .................................................................................................................... 7 3.2 FULL TIMEASSOCIATES .......................................................................................................................... 7 3.3 PARTTIMEASSOCIATES ......................................................................................................................... 8 3.4 CASUAL ASSOCIATES .............................................................................................................................. 8 3.5 CLASSIFICATION STRUCTURE ......................................................................................................................... 9 3.5 MIXEDFUNCTIONS ................................................................................................................................ 12

PART4 HOURS OF WORK 12

4.1 SPANOFHOURS .................................................................................................................................... 12 4.2 ROSTERS ............................................................................................................................................... 13 4.3 FULL TIMEASSOCIATESHOURSOFWORK ........................................................................................... 14 4.4 PART TIME ASSOCIATES HOURS OF WORK ........................................................................................... 15 4.5 CASUAL ASSOCIATES' HOURS OF WORK .............................................................................................. 16 4.6 0VERTIME ............................................................................................................................................. 17 4.7 MEAL BREAKS .................................................................................... : ................................................. 17 4.8 REST BREAKS ........................................................................................................................................ 18

PARTS REMUNERATION 19

5.1 RATES OFPAY ....................................................................................................................................... 19 5.2 ALLOWANCES ....................................................................................................................................... 20 5.3 ACCIDENTMAKE-UPPAYMENT ............................................................................................................ 20

PART6 LEAVE 21

6.1 PERSONAL LEAVE ................................................................................................................................. 21 6.2 UNPAID CARERS LEAVE FOR CASUALS ................................................................................................. 22 6.3 ANNUAL LEAVE .................................................................................................................................... 22 6.4 PUBLIC HOLIDAYS AND EASTER SUNDAY ............................................................................................. 23 6.5 UNPAID LEAVE ..................................................................................................................................... 26 6.6 COMPASSIONATELEAVE ....................................................................................................................... 27 6.7 COMMUNITYLEAVE .............................................................................................................................. 27 6.8 JURY SERVICE ....................................................................................................................................... 28 6.9 PARENTALLEAVE ................................................................................................................................. 28 6.10 PRE-NATAL AND PRE-ADOPTION LEAVE .............................................................................................. 29 6.11 LONG SERVICE LEAVE .......................................................................................................................... 29 6.12 NATURALDISASTERLEAVE .................................................................................................................. 29

PART7 EMPLOYMENT CONDITIONS 29

7.1 CONTRACTOFEMPLOYMENT ................................................................................................................ 29


7.2 PAYMENT OF WAGES ............................................................................................................................. 30 7.3 NOTICE OF TERMINATION BY ASSOCIATE ............................................................................................. 30 7.4 TIME OFF DURING NOTICE PERIOD ....................................................................................................... 30 7.5 STATEMENT OF EMPLOYMENT .............................................................................................................. 30 7.6 TEMPORARY EMPLOYMENT .................................................................................................................. 31 7.7 SUPERANNUATION ................................................................................................................................ 31 7.8 SUPPORTED WAGE CLAUSE .................................................................................................................. 32 7.9 DRESSANDBEHAVIOURSTANDARDS ................................................................................................... 33 7.10 TERMINATION, CHANGE AND REDUNDANCY ........................................................................................ 33 7.11 SECURITY OF EMPLOYMENT .................................................................................................................. 34

PARTS SAVINGS 34

8.1 ASSOCIATE SAVINGS ............................................................................................................................. 34


PART 1 INTRODUCTION

1.1 Title

(a) This Agreement is the BIG W Stores Certified Agreement 2012.

1.2 Parties and Coverage

(a) This Agreement is between:

• Woolworths Limited trading as BIG W Discount Department Stores, including BIG W Optical ("BIG W") to the extent as it employs Associates as defined within this Agreement.

• Woolworths (South Australia) Pty Limited trading as BIG W Discount Department Stores, including BIG W Optical, ("BIGW") to the extent as it employs Associates as defined within this Agreement.

And

• The Shop, Distributive and Allied Employees' Association ("SDA") in respect of Associates, whether members of the Union or not, who are employed by BIG W throughout Australia, in the classifications contained in this Agreement;

And

• The Australian Workers Union ("AWU") (Qid Branch) with respect to Associates, whether members of the AWU or not, who are employed by BIG W Stores in Queensland within the boundaries commencing at the sea-coast at 24 degrees 30 minutes of south latitude, thence by that parallel of latitude bearing true west to 151 degrees of each longitude, thence by that degree of longitude bearing true south to 25 degrees of south latitude; thence by that parallel of latitude bearing true west to the western border of the State of Queensland; thence by the western border of the state, bearing true north to 22 degrees 30 minutes of south latitude; thence by that parallel of latitude bearing true east to 147 degrees of east longitude; thence by that degree of longitude bearing true north to 22 degrees of south latitude; thence by that parallel of latitude bearing true east to the sea-coast; thence by the sea-coast southerly to the point of commencement and including the islands adjacent to the Coast within that area excluding the Local Government Areas of Rockhampton and Gladstone, in the classifications contained in this Agreement.

1.3 Intention

(a) The intention of this Enterprise Agreement is to support the Vision and the Values of BIG W Stores on a national basis.

(i) This agreement supersedes and replaces in its entirety the BIG W Agreement 2009 and any other industrial agreements, awards or notional agreement preserving State awards.

1.4 Duration

(a) This Agreement will begin 7 days after approval from Fair Work Australia and remain effective until1 51 August 2015.


1.5 Definitions

(a) A "Permanent Associate" shall mean Full Time Associates and Part Time Associates.

(b) "Ordinary Time Earnings" shall mean payment based upon the stipulated weekly wage rate for the appropriate classification, plus the appropriate loadings for the purposes of Personal Leave, Compassionate Leave, and Jury Service.

(c) "Continuous Service" shall, for the purposes of Leave accruals include all service with BIG W from the date of engagement, but shall not include in any anniversary year of accrual any unauthorised absence of more than one week or authorised unpaid absence of more than one week.

PART 2 THE WORK ENVIRONMENT

2.1 Equal Employment Opportunity

(a) BIG W is totally committed to providing equal employment opportunity for every Associate in all spheres of employment.

(b) BIG W is totally committed to providing an environment in which Associates can work without distress or interference caused by any form of harassment.

(c) All Associates will be provided with a copy of each Policy and receive training from BIG W in relation to Equal Employment Opportunity and Harassment.

2.2 Anti-Discrimination

(a) BIG W, its Associates and the SDA are committed to preventing and eliminating discrimination at BIG Win accordance with all relevant Commonwealth AntiDiscrimination legislation. In summary this legislation prevents discrimination on the basis of:

• Race • Physical or mental disability • Political opinion

• Colour • Marital status • National extraction

• Sex • Family responsibilities • Social origin

• Sexual preference • Pregnancy

• Age • Religion

(b) Nothing in this provision is to be taken to affect any different treatment, which is specifically exempted under the relevant Commonwealth anti-discrimination legislation.

2.3 Occupational Health and Safety

(a) BIG Wand its Associates are committed to achieving and maintaining healthy and safe working conditions in all BIG W workplaces by abiding by all relevant Occupational Health and Safety legislation.

(b) This commitment will have the following objectives: (i) To control workplace hazards at their source. (ii) To reduce the incidence and costs of occupational injury and disease. (iii) To provide an occupational rehabilitation system for workers affected by occupational

injury or illness.


(c) BIG Wand the SDA are committed to enabling all Associates to receive appropriate OH&S Training. Occupational Safety representatives will be given paid leave to attend appropriate OH&S training courses as stipulated in the relevant state legislation.

(d) BIG W shall establish a consultative process for the Occupational Rehabilitation of Associates affected by Occupational Injury and Illness. This process shall include the SDA where requested by the Associate. This process aims to return these Associates to their pre-injury status within the community, their families and their employment.

(e) Where any proposed changes to equipment, substances or work practices may reasonably be expected to affect Associate's health and safety or when a decision is made to renovate a store, BIG W will consult with the Associates concerned, the Health and Safety representatives, the Store Safety Committee and the SDA. This consultation will aim to identify and resolve potential health and safety problems.

2.4 Associate Safety and Safe Transport

(a) Where an Associate works additional hours beyond their rostered shift without having been provided with either 24 hours notice or notice before the completion of the previous shift, and they are unable to obtain their regular form of transport home, BIG W shall arrange at its own cost, an alternative safe form of transport for the Associate.

(b) Upon an Associate's request, BIG W shall provide after dark a safe escort to their car or other mode of transport for such an Associate.

2.5 Facilities

(a) BIG W shall provide: (i) full time and part time associates with a lockable locker. Associates

employed on a casual basis shall have access to a lockable locker or other secure space for their personal effects during the time they work.

(ii) Dining accommodation with adequate seating and sufficient supply of hot water for Associates.

2.6 Dispute Resolution

Any dispute or claim as to the wages or conditions of employment and the NES entitlements of any of the employees covered by this Agreement shall be settled in the following manner:

(a) A grievance between an Associate and BIG W should be discussed in the first instance between the associate and the associate's line manager.

(b) If the matter is still not resolved, the employee may raise the matter with the relevant Senior Operations Manager and Human Resources ~v4anager. ,A,t this stage the Associate has the option of enlisting the support of a representative who may be a Union representative.

(c) If the matter is not resolved, the Associate and/or their representative may then refer the matter to the relevant General Manager and Divisional Human Resources Manager.

(d) If the matter has still not been resolved, either party may refer it to Fair Work Australia for conciliation.

(e) If the matter is still not resolved, the Associate may raise the matter with the relevant General Manager and Director of Human Resources. In instances where the Associate elects to be represented by the Union, the National Secretary of the union shall represent the Associate in discussions with BIG W's relevant General Manager and Director of Human Resources.

(f) If after step (e), there is still no resolution and the employer's Director of Human Resources and the Associate agree or, in instances where the Associate 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 Fair Work Australia.

If arbitration is necessary, Fair Work Australia may exercise the procedural powers in relation to hearing, witnesses, evidence and submissions in line with the Act which are necessary to make the arbitration effective.

The decision of the Fair Work Australia will bind the parties, subject to either party exercising a right of appeal against the decision.

It is a term of this agreement that while the grievance resolution procedure is being conducted, work shall continue as normal before the dispute arose unless an associate has a reasonable concern about an imminent risk to his or her health or safety.

2.7 Traineeships

(a) BIG W can employ approved Trainees under the wages and conditions of the National Training Wage Award. 2000 (or its successor) except where there is no provision under that Award, then the provision of this Agreement will apply. (For example Overtime.)

(b) Wages for New Apprenticeship Trainees will be at the Agreement wage rate applicable for the Associates' age. New Apprentice Trainees will only be paid for hours worked.

(c) Upon successful completion of a Traineeship (New Apprenticeship) program, and meeting BIG W's performance criteria, the Associate shall be offered on-going permanent employment with BIG W for at least as many hours as they spent on the job (on an average per week basis) during their Traineeship, provided the Associate is available to work their previous roster or some other agreed roster.

2.8 Posting of the Agreement

An up to date copy of this Agreement shall be posted and maintained by the Company in a prominent place accessible to all employees.

PART 3 EMPLOYMENT DESCRIPTIONS

3.1 Permanent Employment

(a) When creating full time or part time employment, BIG W shall give preference to existing associates over external candidates provided they have required skills and abilities to perform the role.

(b) Where hours of work can conveniently be changed to part time employment the company may do so. In such situations where Casual Associates were working such hours prior to the conversion of the hours to part time such Casual Associates shall be offered the opportunity to work such hours provided they are prepared to convert to part time employment

3.2 Full Time Associates

(a) Full Time Associates are those Associates engaged to work 152 ordinary hours per four week cycle.


(b) On commencement of employment or chC}nge of roster Full Time Associates will be advised of:

(i) (ii)

their ordinary hours of work per four week cycle the days of the week that such ordinary hours are to be performed and their daily starting and finishing times

3.3 Part Time Associates

(a) Part time Associates will be employed to work an agreed amount of ordinary hours per four week cycle.

(b) These ordinary hours will be between a minimum of 36 ordinary hours and up to a maximum 144 ordinary hours per four week cycle.

(c) Where necessary BIG W retain the right to reduce a Part Time Associates ordinary hours: (i) by up to 20% per anniversary year; or (ii) in line with the Termination Change and Redundancy provision; or (iii) if the Associate requests to the change and BIG W agree to the

request; or (iv) if the Associate agrees to the change.

(v) Associates shall be given four weeks notice of any reduction in their ordinary hours unless they mutually agree otherwise. Under no circumstances can a reduction in ordinary hours go below the specified minimum of 36 ordinary hours per four week cycle.

(vi) Part time Associates who have had their hours reduced will receive preference to increase their hours if extra hours are available.

(vii) Subject to Part time Associate skills and abilities, casual associates' hours shall be reduced before part time associates.

(viii) In the application of this clause, the Company will seek volunteers in the first instance, subject to a Part Time Associate's skills and abilities.

(d) On commencement of employment or change of roster Part Time Associates will be advised of:

(i) (ii)

3.4 Casual Associates

their ordinary hours of work per four week cycle the days of the week that such ordinary hours are to be performed and their daily starting and finishing times

(i) Casual Associates may be engaged on an hourly basis at any time on any day of the vJeek.

(ii) Casual Associates rate of pay is calculated by adding 20% to the relevant Full Time Associates hourly rate of pay.

(iii) With the exception of Broken Hill, the Casual loading is to be added to any additional loadings prescribed in this agreement be they penalty rates or Overtime. i.e. hourly rate + Casual loading + penalty rate (or Overtime).

(iv) Broken Hill Casual Associates rate of pay is calculated by adding 30% to the relevant Broken Hill Full Time Associates hourly rate of pay.

(v) If a Casual Associate is sent home early on a Public Holiday they shall be paid for all hours they were rostered to work.


(vi) A Casual Associate is expected to attend for shifts where they have agreed to work. Where a Casual Associate is not able to attend their shift due to exceptional circumstances they must provide 2 hours notice to their Manager. Casual Associates should be aware that regular nonattendance for agreed shifts may result in disciplinary action.

(vii) A casual must receive at least 3 hours notification to cancel a rostered shift or they shall be paid for all the hours they were rostered to work.

3.5 Classification Structure

(a) BIG W Store Associate: (i) All new Associates regardless of their previous experience will be classified at

this level on commencement. An Associate at this level works under direct supervision and detailed instructions, performing routine tasks to the level of their training, exercising minimal judgement but being responsible for the quality of their own work.

(ii) BIG W Store Associate positions include: • New Adult Associates of any Classification in the first 3 months of

employment.

At the end of the first 3 months, the Associate will transition to the appropriate classification and rate according to the job title.

(b) BIG W Retail Associate: (i) An Associate in this classification is one who has acquired the competencies

and relevant experience gained as a BIG W Store Associate necessary to accept the additional tasks required to be appointed by BIG W to a BIG W Retail Associate. The Associate shall generally operate under supervision.

(ii) A Retail Associate will be required by BIG W to competently perform one or more of the following skills:

(iii)

• Customer service skills including answering general queries and requests in person or over the phone

• Basics visual merchandising skills • Basic administration skills • Stock replenishment skills including moving and replenishing stock around

the store and working within established stock routines, methods and procedures

• Operating point of sale • Give assistance to less experienced Retail Associates where required by

BIGW

BIG W Retail Associate positions include:

• Service Associate • Receipt and Despatch

• Cosmetics Service Associate Associate

• Checkout Operator • Replenishment Associate

• Customer Champion • Lay-by Associate

• Fitting Room Associate

• Trolley Collector • Optical Lab Associate

(c) BIG W Specialist Retail Associate: (i) An Associate in this classification is required to perform work at a higher level of

skill, and is required to accept additional responsibilities to those of a Retail Associate.


(ii) Associates for this qualification must have a training completion record relating to induction into the optical department.

(iii) In addition to the skills set out in the Retail Associate, BIG W would require a Specialist Retail Associate to competently perform one or more of the following skills:

• Work without direct supervision and make decisions on an independent basis

• Communicate with vendors on general product queries • Give assistance to less experienced Specialist Retail Associates where

required by BIG W

(iv) BIG W Specialist Retail Associate positions include: • Office Associate • Photolab Service Associate • Administration Associate fully trained in the operation of

the photolab equipment. • Repairs Associate • Pet Centre Associate • Courtesy Desk Associate. • Garden Associate who does

ordering • Self Checkout Associate • Principal Receipt and Despatch

Associate • Management Cadet Associate • Optical Lab Technician • Optical Associate

(d) BIG W Leading Retail Associate I BIG W Optical Grade 1 B: (i) BIG W Leading Retail Associate or Big W Optical Grade 1 Bis an Associate

who is appointed and is required by BIG W to perform work at a higher level of skill and who is required to accept additional responsibilities to those required of a BIG W Specialist Retail Associate. Associates at this classification will also perform all other duties when required.

(ii) In addition to the skills set out in the Specialist Retail Associate, BIG W would require a Leading Retail Associate to competently perform one or more of the following skills: • Provide specialised technical advice, gained by structured training,

provided by and deemed appropriate by BIG W • Supervise a section or area of the store as deemed by BIG W • Assist other staff with operational problems • Provide job specific training as directed

(iii) BIG W Optical Grade 1 B Associates for this classification must have a training compietion record reiating to basic dispensing or equivalent external competency.

(iv) Appointment to a BIG W Leading Retail Associate vacancy shall be at the selection of BIG W and all Associates in this classification shall be paid at the Adult rate of pay.

(iv) All Associates carrying out the duties of a BIG W Leading Retail Associate position will be paid the appropriate rate


(v) BIG W Leading Retail Associate positions include: • Loss Prevention Officer • Team Leader • Principal Cash Office • Photolab Champion

Associate • Optical Associate • Optical Lab Technician

• Service Supervisor

(vi) Service Supervisor shall receive payment at the Leading Retail Associate Rate of pay if performing the role even if an Assistant Store Manager is on duty at the same time.

(e) BIG W Optical Grade 1 C (i) BIG W Optical Grade 1C Associate is an Associate who is appointed

and is required by BIG W to perform work at a higher level of skill and who is required to accept additional responsibilities to those required of a BIG W Optical Grade 1 B.

(li) These additional skills and responsibilities may be exampled by the necessity to provide specialised technical advice, gained by structured training, provided by and deemed appropriate by BIG W to qualify the Associate for a vacancy in this classification. Associates in this classification are required to supervise a section or department, and are required to assist other staff with operational problems, and provide job specific technical training as directed.

(iii) Associates at this classification will also perform all other duties when required.

(iv) Associates employed in this classification · must have a training completion record relating to advanced dispensing or equivalent external competency.

(v) All Associates carrying out the duties of a BIG W Optical Grade 1C Associate position will be paid the appropriate rate.

(vi) BIG W Optical Grade 1C positions include:

• Optical Associate • Optical Lab Technician

BIG W Stores Agreement 2012 3.5 Mixed Functions

PART4

(a} If BIG W requires an Associate to perform work for which a higher rate is applicable than the Associate's ordinary rate as prescribed by this agreement, the Associate shall be paid at the higher rate for any time worked in the higher role.

HOURS OF WORK

4.1 Span of Hours

(a} The span of ordinary hours shall be:

Monday to Friday: 6.00am to Midnight 6.00am to 10.00pm Saturday:

Sunday: 7.00am to 7.00pm

1st December- 31st December

6.00am to 11 pm

(b) All work rostered outside these ordinary hours that falls between Midnight at the start of Monday and 6.00 am Friday will be paid at the ordinary rate plus 30%. Work rostered outside these ordinary hours between Midnight at the start of Saturday and 6.00 am Saturday will be paid at the ordinary rate plus 50%.

(c) All work rostered outside these ordinary hours that falls between 10.00pm Saturday (11.00pm in December) and Midnight Saturday will be paid at the ordinary rate plus 25%.

(d) All work rostered outside these ordinary hours between Midnight Saturday and Midnight at the start of Monday will be paid at the ordinary rate plus 100%.

(e) Work rostered during ordinary hours on a Sunday shall be paid at the ordinary hourly rate plus 50%.

(f) Sunday work will be voluntary for all Associates working in a Store at the time trading becomes legal.

(g) The loadings prescribed in the Clause are in substitution for, and not cumulative upon, other loadings (except for the Casual loading), and shall not be taken into consideration in calculating any payment for Overtime or Public Holidays.

(h) Broken Hill Associates may be engaged to work ordinary hours as set out below as part of their ordinary hours roster, providing they are paid the following additional penalty.

(i) All ordinary hours worked after 6 pm Monday to Wednesday (inclusive), 15%

(ii) All ordinary hours worked after 6 pm Thursday and Friday, 25% (iii) All ordinary hours worked on Saturday, 25% (iv) All ordinary hours worked on Sunday, 50% (v) All ordinary Night fill hours worked after 6 pm and before Midnight

Monday to Friday (inclusive), 17.5% (vi) All ordinary Night fill hours worked after Midnight and before 8 am

Monday to Friday (inclusive), 30% (vii) All ordinary Night fill hours worked after Midnight on Friday and before

Midnight on Saturday, 50% (viii) All ordinary Night fill hours worked after Midnight Saturday and before 8

am Sunday, 100%

4.2 Rosters


(ix) The loadings for Broken Hill Associates prescribed in this subclause are in substitution for, and not cumulative upon, other loadings (including Casual Loading), and shall not be taken into consideration in calculating any payment for Overtime or Public Holidays.

(a) BIG W shall determine rosters of work for Permanent Associates on the basis of a two week roster. Rosters shall be posted a minimum of 14 days in advance of the roster period.

(b) A change to the Associate's roster hours may occur: (i) by seven days notice; or (ii) otherwise if the Associate concerned agrees.

Should an Associate disagree with any roster change they shall be provided with a minimum of 14 days notice in lieu of 7 days.

(c) When rostering Associates BIG W shall have regard for the Associate's access to safe transport home, study, sporting commitments and family and domestic responsibilities.

(d) BIG W shall be mindful of the Associate's needs when contemplating a change to a Permanent Associate's regular roster. A change to a regular roster will only occur after the Associate has been consulted on the change.

(e) A Permanent Associate's regular roster shall not be subject to frequent variations

(f) Where an Associate's roster is changed for a once only event and reverts back to the previous pattern, the work shall be paid at Overtime, except where the change is by mutual agreement or for up to 2 stocktakes per year.

(g) A copy of the roster shall be posted in a conspicuous place on BIG W premises.

(h) An Associate's roster may not be changed with the intent of avoiding payment of penalties, loading or other benefits applicable. Should such circumstances arise the Associate shall be entitled to such penalty, loading or benefit as if the roster had not been changed.

(i) BIG W shall exhibit the rostered starting and finishing times for each Associate for each day of the week. These superseded notices shall be retained on computer for 12 months.

U) Where a Permanent Associate has not been provided 7 days notice of a change to their regular roster then such hours worked shall be paid for at Overtime rates unless the Associate has expressly agreed to work the hours.

(k) Where an Associate is required by BIG W to attend a trade night they shall be paid for such attendance.

(I) Where practicable and at the election of the Associate, an Associate who is rostered to work on a register for more than 8 hours on any one day shall, upon notice to BIG W at least 48 hours before, be provided with alternative duties so that the total time spent on register duties does not exceed 8 hours on such day.

BIG W Stores Agreement 2012 4.3 Full Time Associates Hours of Work

(a) Full Time Associates are those Associates engaged to work 152 ordinary hours per four week cycle.

(b) A Full Time Associate must not be rostered to work for more than 9.5 hours on any one day.

(c) A Full Time Associate may elect to work up to 10 hours per day only as part of a 4 day week. Any associate engaged under this provision must be notified in writing by the company prior to them undertaking this engagement that they will not be able to revert to an alternative roster except where mutual agreement between the company and the associate applies.

(d) A Full Time Associate cannot be engaged for more than one start per day.

(e) A Full Time Associate will not be rostered to work more than 48 hours in any one week.

(f) A Full Time Associate may not be rostered to work for less than 4 consecutive hours on any one day.

(g) A Full Time Associate shall not be rostered to work more than five days in a week although rostered hours may be worked up to 6 days in one week if in the following week the Associate is not rostered to work for more than 4 days. Under no circumstances can a Full Time Associate be rostered to work more than 6 consecutive days.

(h) A Full Time Associate shall be rostered for at least a 10 hour break between the completion of work on one day (including Overtime) and the commencement of work on the following day. Overtime rates will apply for the subsequent shifts until the 1 0 hour break has occurred.

(i) A Full Time Associate can be rostered to work on any day of the week.

U) If a Full Time Associate works ordinary hours on a Sunday they shall be provided three consecutive days off including a Saturday and Sunday once every four weeks. By mutual agreement alternative arrangements shall apply.

(k) A cycle of 19 working days in four weeks where an Associate shall be given two consecutive days off per week or 3 consecutive days off per fortnight (not including the 19 day month RDO). By mutual agreement some other roster arrangement may be worked not exceeding 20 days in a four week cycle provided that:

(i) All Full Time Associates are offered a 19 day month roster. (ii) A 20 day roster may only be worked in agreement with the SDA. (iii) An Associate has the right to change to a 19 day month roster, at any

time, upon 28 days notice. This sub clause is not available for those associates engaged under the provisions of (c) above, except where there is mutual agreement for it to apply.

(I) Notwithstanding (i) above, new Full Time Management Cadet Associates shall be required to work their 152 ordinary hours over a 20 day roster in any four weeks.


4.4 Part Time Associates Hours of Work

(a) Part time Associates will be rostered to work their ordinary hours per four week cycle.

(b) A Part Time Associate may be rostered to work up to a maximum of 38 ordinary hours in any one week.

(c) A Part Time Associate may work beyond their ordinary hours on a voluntary basis to a maximum of 144 hours in any 4 week cycle. Such extra hours shall be paid at 115% of their ordinary rate of pay (in lieu of Annual and Personal Leave accruals). If a Part Time Associate does not agree to work additional hours at the 115% loading but they are still requested to work such hours, the extra hours shall be paid at Overtime rates.

(d) A Part-Time Associate must not be rostered to work for more than 9.5 hours on any one day provided that:

(i) a Part-Time Associate may be rostered up to a maximum of 10.5 hours on a maximum of 2 days in a week

(ii) in any 2 week period, a Part-Time Associate shall not work more than 3 shifts of up to 10.5 hours per day

(iii) the above daily maximums shall be exclusive of meal breaks. (iv) a Part-Time Associate cannot be engaged for more than 1 start per day,

except as per clause 4.4U).

(e) A Part-Time Associate may not be rostered to work for less than 3 consecutive hours on any one day.

(f) A Broken Hill Part-Time Associate may not be rostered to work for less than 4 consecutive hours on any one day.

(g) A Part Time Associate shall not be rostered to work more than five days in a week although rostered hours may be worked up to 6 days in one week if in the following week the Associate is not rostered to work for more than 4 days. In December, a part time associate may request in writing to work 6 shifts per week. Under no circumstances can a Part Time Associate be rostered to work more than 6 consecutive days

(h) A Part-Time Associate who is rostered for 20 starts per month shall receive at least 2 consecutive days off once a fortnight. Alternative arrangements can apply by associate request.

(i) A Part-Time Associate shall be rostered for at least a 1 0 hour break between the completion of work on one day (including Overtime) and the commencement of work on the following day. Overtime rates will apply for the subsequent shifts until the 10 hour break has occurred.

U) A Part Time Associate may be engaged on an additional shift each day provided that: (i) There may be no more than two engagements on any one day. (ii) A minimum of three hours work shall apply for the original rostered shift

and three hours for the additional shift. (iii) The maximum hours of work per day as prescribed within this

Agreement shall apply. (iv) The additional shift of work shall be paid at 115% of their ordinary rate

of pay. (v) Where a second engagement occurs on any day, a 1 0 hour break will

be observed between the cessation of work on the latest finishing shift and the commencement of the next day's shift

(vi) The arrangement shall be on a voluntary basis where the Associate may revoke the agreement to work an additional shift at any time.


(k) A Part Time Associate can be rostered to work on any day of the week.

(I) If a Part Time Associate who is rostered for 20 starts per month works ordinary hours on a Sunday, they shall be provided three consecutive days off including a Saturday and Sunday once every four weeks. By mutual agreement alternative arrangements shall apply

(m} If due to circumstances beyond the control of BIG W, a delivery is delayed and Associates engaged as Part Time Nightfill Associates have no alternative work to perform, the following procedure will apply:

(i) If after consideration there are no alfernative duties for the Associate at their usual starting time, BIG W may, with. at least 2 hours notice for the Associate, request a delay to the start of the Associate's shift

(ii) The maximum postponement from the original start time is 2 hours (iii) An Associate may refuse a request if they have a family responsibility, a

transport issue, a study commitment or other genuine commitment.

4.5 Casual Associates' Hours of Work

(a) A Casual Associate may work a maximum of 38 hours in any one week.

(b) Notwithstanding (a) above a casual may work up to a maximum of 48 hours in any week during the months of November, December and January without incurring overtime. However a casual cannot work more than 152 hours in any 4 week period without the payment of overtime.

(c) A Casual Associate may not work more than 9.5 hours in any one day, provided that one day per week up to 10.5 hours may be worked without the payment of overtime. A casual Associate can not be engaged for more than one start per day except as per Clause 4.5(i).

(d) A Casual Associate may not be rostered to work for less than 3 consecutive hours on any one day.

(e) A Casual Associate may be rostered for a minimum period of 2 hours on not more than 6 times per year for the purposes of training only.

(f) A Broken Hill Casual Associate may not be rostered to work for less than 2 consecutive hours on any one day.

(g) A Casual Associate may work a maximum of 5 days in any week unless by mutual agreement a Casual Associate is willing to work 6 days.

(h) A Casual Associate shall be rostered for at least a 10 hour break between the completion of work on one day (including Overtime) and the commencement of work on the following day. Overtime rates will apply for the subsequent shifts until the 10 hour break has occurred.

(i) A Casual Associate may be engaged on an additional shift each day provided that; (i) There may be no more than two engagements on any one day. (ii) A minimum of three hours work shall apply for the original rostered shift

and three hours for the additional shift. (iii) The maximum hours of work per day as prescribed within this

Agreement shall apply. (iv) The additional shift of work shall be paid at the appropriate casual rate

of pay (including any loadings as applicable).

4.6 Overtime


(v) Where a second engagement occurs on any day, a 10 hour break will be observed between the cessation of work on the latest finishing shift and the commencement of the next day's shift

(vi) The arrangement shall be on a voluntary basis where the Associate may revoke the agreement to work an additional shift at any time.

(a) Any work done that falls outside the conditions set in the roster, Full Time Associates Hours of Work, Part Time Associates Hours of Work, Casual Associates Hours of Work, Meal Break and Rest Break provisions shall be classified as Overtime.

(b) Overtime shall be offered to Part-Time Associates ahead of Casual Associates, subject to skills and availability.

(c) Overtime shall be paid and calculated at the following rates: (i) Monday to Saturday: first 2 hours at time and a half, double time

thereafter (ii) Sunday: double time (iii) Public Holiday: double time and one half

(d) Payment for Overtime worked will coincide with the pay week.

(e) An Associate may elect to take time off in lieu of Overtime provided: (i) any such agreement is in writing (ii) the time off shall be calculated at the Overtime equivalent (iii) the Associate shall be entitled to a fresh choice of payment or time off

on each occasion Overtime is worked. (iv) time off must be taken within one calendar month of the working of the

Overtime, or shall be paid out.

(f) Associates will be paid Overtime where work is performed on a Sunday in a Store where Sunday trading is not legally permitted.

4.7 Meal Breaks

Hours worked (exclusive of unpaid meal breaks)

4 hours and up to 5 hours

More than 5 hours

7 hours and up to 1 0 hours

More than 10 hours

Paid rest break

15 minutes

15 minutes

2 x 15 minutes

2 x 15 minutes

Unpaid meal break

None

45-60 minutes (30 minutes by agreement)

45-60 minutes (30 minutes by agreement)

2 x 45-60 minutes (30 minutes by agreement)

(a) No Associate shall work more than 5 continuous hours without a meal break.

(b) Where an Associate is required to work more than 5 hours, the Associate shall be entitled to an unpaid meal break of between 45 and 60 minutes duration or 30 minutes if mutually agreed.


(c) An Associate shall be entitled to an additional unpaid meal break of between 45 and 60 minutes, or 30 minutes duration if mutually agreed, when they work more than 1 0 hours.

(d) Unless mutually agreed no break shall be given or taken within one hour of the Associate's commencing or ceasing time.

(e) If a meal break becomes due and is taken within overnight loaded hours, outside the span of hours, an Associate shall be entitled to a 20 minute paid meal break which will form part of the hours worked.

4.8 Rest Breaks

(a) An Associate shall receive a paid rest break of 15 minutes duration when working 4 hours or more and a second paid rest break of 15 minutes duration when working 7 hours or more. The period of the break shall be inclusive of walking time.

(b) Unless mutually agreed no rest break shall be given or taken within one hour of the Associate's commencing or ceasing time.

(c) Unless mutually agreed no rest break shall be given or taken within one hour of the start or end of a meal break.


PART 5 REMUNERATION

5.1 Rates of Pay

(a) The Agreement will provide for the following adult rates of pay.

_(b) These rates will be applicable on the first full pay period on or after the following dates: Full Time Associates

Leading BIGW

Retail Retail Optical Operative Store Retail Specialist Associate I Grade.1C Date Associate Associate BIG w Associate Optical

Grade 18 1-Aug-12 $685.49 $721.55 $757.71 $793.71 $833.43 1-Aug-13 $695.77 $732.37 $769.07 $805.62 $845.93 1-Feb-14 $706.21 $743.36 $780.61 $817.70 $858.62 1-Aug-14 $716.80 $754.51 $792.32 $829.97 $871.50 1-Feb-15 $727.56 $765.82 $804.20 $842.42 $884.57

Full Time Associates (Broken Hill)

Grade 4 Operative Date Retail Associate Administrative

Associate

1-Aug-12 $715.43 $782.70

1-Aug-13 $726.16 $794.44

1-Feb-14 $737.05 $806.35

1-Aug-14 $748.11 $818.45

1-Feb-15 $759.33 $830.73

(c) Junior Associates shall receive the following percentages of the weekly wage for an adult:

Under17yeaffi 50% Over 17 and Under 18 60% Over 18 and Under 19 70% Over 19 and Under 20 80% Over 20 100%

Broken Hill

Under 16 years 40% Over 16 and Under 17 50% Over 17 and Under 18 60% Over 18 and Under 19 70% Over 19 and Under 20 80% Over 20 100%

BIG W Stores Agreement 2012 5.2 Allowances

Travel First Aid Laundry Per hr Operative Date Meal Per Kilometre Per Hour Worked

1-Aug-12 · $13,30 $0.65 $0.27 $0.31

1-Aug-13 $13.50 $0.66 $0.27 $0.31

1-Feb-14 $13.70 $0.67 $0.27 $0.32

1-Aug-14 $13.91 $0.68 $0.28 $0.32

1-Feb-15 $14.12 $0.69 $0.28 $0.32

(a) An Associate required to work overtime of one hour or more, without the Associate being notified the day prior of the requirement to work Overtime, shall be paid a meal allowance as per the Allowance table. This allowance shall not apply to Additional Hours worked in accordance with subclause 4.4U) and 4.5(i).

(b) Where the Overtime exceeds 5 hours the Associate shall be paid an additional meal allowance as per the allowance table.

(c) A first-aid allowance, as per the allowance table is payable for every hour worked by nominated and qualified Associates.

(d) Where an Associate is directed by BIG W to wear a uniform(s) an allowance as per the allowance table will be paid to an Associate in order to launder and maintain that uniform. BIG W shall provide the uniform(s) free of charge.

(e) Where an Associate agrees to use their private vehicle on BIG W business a kilometre allowance as per the allowance table will be paid to the Associate.

(f) Where a Permanent Associate is temporarily transferred from one store to another, they shall be entitled to the following.

(i) Any additional fare costs for using public transport, or (ii) The applicable kilometre allowance for the use of the Associate's

vehicle. Any excess time occupied in travelling is paid at ordinary rates except on Sundays and Public Holidays when payment shall be at time and a half

(iii) Such payments shall cease when the Associate has been permanently transferred to the Store

(g) Full Time Associates employed in the Northern Territory will receive a weekly locality Allowance of $16.60. This will be added to the applicable Full Time Associates ordinary rate of pay. This amount will not increase along with wages.

5.3 Accident Make-Up Payment

(a) This clause only applies in Victoria and Western Australia (where applicable).

(b) If following an injury an Associate receives compensation under the applicable State legislation, then that compensation payment shall be increased by BIG W to the amount of the usual weekly rate for the average rostered hours worked by the Associate at the time of the accident. This payment made by BIG W will be limited to a maximum of 52 weeks.


PARTS LEAVE

6.1 Personal Leave

(a) A Full Time Associate shall be entitled to 11 days on commencement and thereafter upon the anniversary of each year of continuous employment.

(b) Part Time Associates shall be entitled to Personal Leave on a pro-rata basis. Where the number of hours worked vary throughout the course of the year, entitlements to Personal Leave shall be calculated upon the average number of rostered hours worked during the year of accrual excluding additional hours worked with the payment of 115%.

(c) An Associate's unused Personal Leave entitlement from any year shall accrue to the following year.

(d) Personal leave is available to a permanent Associate for: (i) personal illness or injury or (ii) to provide care or support to a member of the Associate'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 affecting the member

(iii) Permanent Associates are entitled to use 24 hours of their accrued Personal Leave entitlement per year to attend to personal matters including blood donor leave.

(e) Permanent Associates may take Personal Leave on an hourly or daily basis as required and subject to approval.

(f) Permanent Associates may also increase their Personal Leave by transferring some accrued Annual Leave into Personal Leave. Such transfer will be subject to the conditions set out in the Annual Leave provisions.

6.1.1 Notification & reporting requirements when taking Personal Leave due to illness or injury

(a) Personal Leave taken for the purpose of illness, once approved, shall be deducted from the Associate's accrued entitlement.

(b) An Associate shall not be entitled to paid Personal Leave for any period in respect of which they are entitled to worker's compensation.

(c) Other than in exceptional circumstances, the Associate is expected to notify their manager of their inability to attend for duty at least 2 hours prior to the commencement of their shift or ?am, whichever is the later, and as far as possible the nature of the illness or injury and the estimated duration of absence.

(d) BIG W may require a medical certificate or Statutory Declaration for any absence due to illness that is of two or more days duration. A Medical Certificate or Statutory Declaration may also be requested for single days Leave· due to illness if the Store Manager believes that the Associate has had an excessive amount of single day absences.

(e) If an "Associate fails to attend for a rostered shift on either side of a Public Holiday they must produce a Medical Certificate or Statutory Declaration ..


6.1.2 Notification and reporting requirements when taking Personal Leave for purposes other than illness or injury

(a) Permanent Associates' Personal Leave is to be approved by Store Management.

(b) Permanent Associates are expected to notify BIG W of their intention to take the Leave 48 hours prior and approval for such Leave will be subject to BIG W's operational requirements. Such approval shall not be unreasonably withheld. The 48 hours notice period will be waived in exceptional or emergency circumstances, e.g. sick child, natural disaster.

(c) Permanent Associates' who require time off to attend a specialist medical appointment, e.g. Oncologist, Neurologist, will have automatic approval for taking Personal Leave for this purpose with the expectation that they will notify BIG Was soon as possible of the appointment.

6.2 Unpaid Carers Leave for Casuals

(a) A casual Associate is entitled to a period of up to 3 days unpaid carer's leave for each occasion that a member of the Associate's immediate family or household requires care and support due to that person being ill, injured or affected by an unexpected emergency.

6.3 Annual Leave

(a) Full Time Associates shall be entitled to leave of absence on full pay in accordance with the Act for a period equal to 152 hours for every year of service, exclusive of Public Holidays.

(b) Full Time Associates in Broken Hill shall be entitled to Leave of absence on full pay in accordance with the Act for a period equal to 190 hours for every year of service, exclusive of Public Holidays.

(c) Part Time Associates shall be entitled to Annual Leave on a pro-rata basis. Where the number of hours worked vary throughout the course of the year, entitlements to Annual Leave shall be calculated upon the average number of rostered hours worked during the year of accrual excluding additional hours worked with the payment of 115%.

(d) Annual Leave shall be taken at a time mutually agreed upon by BIG Wand the Associate and can be taken in either a continuous period or in separate periods. Where an Associate has an accrued annual leave entitlement in excess of eight weeks, BIG W may direct the Associate to take such excess accrued leave.

(e) An Associate who as an accrued annual leave entitlement in excess of 8 weeks, may make an application to 'cash out' a period of paid Annual Leave (pro-rata for Part Time Associates). BIG W may approve such application, at its discretion, subject to the following:

(a) The employee must retain a paid Annual Leave entitlement of no less than 8 weeks;

(b) Each 'cashing out' of Annual Leave must be by a separate agreement, in writing, between the Company and the employee; and

(c) The employee must be paid the amount that would have been payable had the employee taken that period of leave

(f) Should an Associate not complete twelve months' service the Associate shall on termination of employment be paid all their accrued Annual Leave.


(g) Before an Associate proceeds on Annual Leave the Associate may elect to be paid any monies then due in respect of Annual Leave being taken, otherwise the Associate will be paid on a weekly basis during their period of Annual Leave.

(h) During a period of Annual Leave an Associate shall receive an }\nnual Leave Loading of 17.5% calculated on the appropriate rate of wage prescribed by this agreement.

(i) Annual leave loading as prescribed in 6.3(i) will be paid in respect of untaken leave on termination or resignation of employment.

U) If the amount to which an Associate would have been entitled, by way of loadings etc, for the ordinary time normally worked is less than the A-nnual Leave Loading, then the higher amount shall be paid to the Associate.

(k) An Associate who becomes eligible for Personal Leave during a period of Annual Leave, under the Agreement, shall have Annual Leave re-credited for the period of Personal Leave upon the Associate producing a certificate from a registered health practitioner confirming the nature of the leave. The notice must be given as soon as practicable and must identify the period, or expected period, of the leave.

(i) BIG W is entitled to deduct the value of Annual Leave loading paid for any period of Leave which is re-credited, in accordance with this clause, from the Associate's weekly earnings.

(ii) The period of illness shall be taken as Personal Leave and paid as ordinary time.

(I) Permanent Associates are entitled to transfer some of their accrued Annual Leave to Personal Leave in accordance with the following conditions:

(i) Not more than 5 days Annual Leave can be transferred in an Anniversary Year.

(ii) Annual Leave will only be transferred to Personal Leave after the Personal Leave has been approved by BIG W.

6.4 Public Holidays and Easter Sunday

(a) Permanent Associates shall be entitled to, without loss of pay, the following Public Holidays: New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queens Birthday, Labour Day (8 Hour Day), Christmas Day, Boxing Day.

(b) The following days shall be taken in addition to the days named above, or in lieu of where stated: Victoria:

Western Australia:Northern Territory: -South Australia: ACT: NSW:

Queensland: Tasmania

Melbourne Cup Day in the Metropolitan Area or another day outside the Metropolitan Area (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.) Foundation Day Show Day as regionally observed Third Monday in May (Adelaide Cup) and Picnic Day Port Pirie. Canberra Day, ACT Family and Community Day Picnic Day (shall be the first Tuesday in November) and Easter Sunday (if legislated, proclaimed or gazetted). Exhibition Day or the appropriate regional show day in lieu of Easter Saturday, Show Day and in addition Hobart Regatta Day (south of Oatlands) or Recreation Day (where Hobart Regatta Day is not observed).


Permanent Associates shall be entitled without loss of pay to an additional Public Holiday or part day in a State or Territory or locality within a State or Territory when such Public Holiday is legislated, proclaimed or gazetted, and is to be observed generally by persons through the State or Territory or locality.

(c) The NSW Picnic Day and ACT Family and Community Day or any additional days proclaimed as a local Public Holiday will be treated as additional paid days off or pay in lieu, but work performed on these days will not attract Holiday penalty rates. This shall include: Newcastle and the Northern Territory show days, Port Pirie Picnic· Day.

(d) Where a local Authority fails to declare a Regional Show Holiday in Queensland Associates will be provided a day off during the Regional Show in lieu thereof. If there is no show in a region then Brisbane Exhibition Day will be observed.

(e) When Christmas Day falls on a Saturday or Sunday, a Holiday in lieu shall be observed on the 2ih December.

(f) When Boxing Day falls on a Saturday or Sunday, a holiday in lieu shall be observed on the 281

h December.

(g) When New Years Day or Australia Day is a Saturday or Sunday, a holiday in lieu shall be observed on the next Monday.

(h) Where in a State, Territory or Locality a Public Holiday is declared or prescribed on any other days, these days shall constitute additional Public Holidays for the relevant Associates.

(i) Where a store opens for trade on an actual Public Holiday which has had the substitution provision applied the following shall apply:

(i) if an Associate is ordinarily rostered to work on the actual Public Holiday and the substituted day, then that Associate shall elect which day is to be their Public Holiday and shall receive the appropriate rates of pay on that day. The other day shall then be a normal rostered day.

(ii) if an Associate is rostered to work on the actual Public Holiday and not the substituted day, the Associate shall receive the Standard Public Holiday Benefits on the actual day and not on the substitute day.

(iii) if an Associate is rostered to work on the substituted day and not the actual Public Holiday, the Associate shall receive the Standard Public Holiday Benefits on the substituted day.

(iv) Where a choice is required, Associates shall be asked to advise BIG W at least 2 weeks prior to the holiday of their chosen Public Holiday.

0) Work done on any of the Public Holidays prescribed in this Clause shall be voluntary and shall be paid at the rate of double time and one half (plus 20% loading for Casual Associates) with a minimum payment for three hours.

(k) Where a store opens for trade on a Public Holiday, Associates who would normally be rostered to work may work their regular roster for the day or part thereof and be paid the appropriate penalty for time so worked. Where an Associate chooses not to work they shall be paid their ordinary rate of pay.

(I) Where a store does not open for trade on a Public Holiday and an Associate would have been rostered to work on such a day, they shall be entitled to payment for the day based upon their ordinary time earnings for the hours normally rostered to work.

(m) Permanent Associates rostered to work on Easter Sunday in a store which is not able to trade on Easter Sunday shall be given the day off with pay at the single times earning rate.


(n) A Full Time Associate or Part Time Associate who works an average of 5 days per week, whose non-working day falls on a Public Holiday shall receive by mutual agreement either:

• another day off with pay to be taken within one calendar month of the holiday or during the two weeks prior to the holiday; or

• the addition of an equivalent day's pay; or • one extra day added to Annual Leave.

(i) A Part Time Associate shall be entitled to the provisions above where the Associate works an alternating roster and the Public Holiday falls on a day on which the Associate works, or occasionally works, as part of their roster cycle.

(ii) For the purpose of this subclause "day" shall mean the averaged number of daily hours worked by the Associate in the roster cycle immediately prior to the day on which the holiday falls.

(iii) An Associate working on a Public Holiday which is a non-working day will be paid double time and one half for the work plus another day off to be taken within one calendar month of the holiday.

(iv) Provided that this subclause (n) will not apply to any part-day public holiday on Christmas Eve or New Year's Eve.

(o) A Casual Associate who is rostered to work a specific number of hours on a Public Holiday and is sent home early shall be paid the full number of hours rostered.

(p) Work on Easter Sunday and after 6pm on New Years Eve or Christmas Eve shall be voluntary subject to the following:

(i) 5 weeks prior to these days BIG W shall place a notice on the noticeboard asking Associates to notify BIG W of their preference not to work their normal roster at these times.

(ii) Associates will need to notify BIG W of their preference not to work 4 weeks prior to the day.

(iii) If BIG W has insufficient Associates to work on these days or times they will firstly seek volunteer replacements.

(iv) If BIG W still has insufficient Associates to work the Store Manager shall firstly approach Associates with no family or religious commitments to work.

(v) If BIG W still does not have sufficient number of Associates to meet their operational requirements BIG W shall have the right to roster Associates their normal roster.

(vi) The ability to make-up the time not worked on these days shall be available subject to operational requirements. It is not compulsory to make up this time.

This subclause does not apply if Easter Sunday is a Public holiday or if a part or full public holiday(s) is/are declared for the 241

h December or 31 51 December.

(q) 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 (a) to (i), will nevertheless be voluntary and paid at the rates set out in subclause G) where:

(a) if Boxing Day falls on a Saturday, the additional holiday falls on either 26 December or 28 December;

(b) if Christmas Day falls on a Saturday and Boxing Day falls on a Sunday, the additional holiday(s) falls between 25 December and 28 December (inclusive);


(c) 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.

If a full-time or part-time employee is rostered to work on such a day, and chooses not to work, then the employee will be paid in accordance with subclauses (k) or (I)

The non working day benefit of (n) does not apply to a day observed under this subclause

6.5 Unpaid Leave

(a) Unpaid Leave shall mean an approved Leave of absence, which whilst not exhaustive, may include:

(i)

(ii)

(iii)

(iv) (v)

(b) Provided that: (i)

(ii)

(iii)

(iv)

(v)

an Associate who is studying and requires time to attend exams or participate in annual school holidays; an Associate who wishes to travel overseas or interstate for an extended period; an Associate who requires time off to care for a sick or injured close relative; an Associate who wishes to return to studies on a Full Time basis; an Associate who has utilised or otherwise does not wish to utilise their entitlement under clause 6.4 to paid Personal Leave and who requires additional time off to attend to a natural disaster.

the maximum period of absence on any one occasion may be up to 3 months, although by agreement up to 6 months absence may be taken in any year; all outstanding paid leave entitlements the Associate is eligible to apply for are taken prior to the period of absence unless otherwise agreed, except six weeks Annual Leave and Long Service Leave where the Unpaid Leave is specifically for the purposes of caring as defined in clause 6.5(a) (iii) above; such absence shall not break continuity of employment for the Associate concerned; where a Full-Time or Part-Time Associate proceeds on authorised unpaid leave of absence of one week's duration or more, all entitlements to Annual Leave, Personal Leave , or Long Service Leave will be frozen from the date of commencing such leave to the date of returning from such leave; the terms of (i) above may be waived by agreement between BIG W and an Associate. -

BIG W Stores Agreement 2012 6.6 Compassionate Leave

(a) A maximum of 5 days paid leave on each occasion the Permanent Associate is absent from work due to the death or personal illness or injury that poses a serious threat to the life of the Associate's spouse (including de facto spouse), parent (including step parent and foster parent), child (including foster child and step child), brother, sister, or guardian.

(b) A maximum of 3 days' paid leave on each occasion the Permanent Associate is absent from work due to the death of the Associate's brother in law, sister in law, ex spouse, parents in law, grandparents, grandparents in law, grandchildren, uncle, aunt, niece, nephew, cousins, or defacto parents in law.

(c) A maximum of 2 days paid leave on each occasion the Permanent Associate is absent from work due to the death of a member of the Associate's household.

(d) A maximum of 1 day paid leave on each occasion the Permanent Associate is absent from work due to the death of a significant other subject to BIG W approval.

(e) In the event of the funeral being interstate or overseas in respect of (b) above only, paid leave shall be extended up to an additional 2 days when an Associate attends the funeral.

(f) Proof of such death shall be provided by the Associate to the satisfaction of BIG W, together with proof of attendance in the case of a funeral interstate or outside Australia.

(g) Where the death of a relative detailed above occurs outside of Australia and the Associate does not attend the funeral, they shall be entitled to payment for one shift unless they can demonstrate to BIG W that additional time up to a maximum of three shifts is justified.

(h) In addition to the provisions above, a permanent Associate is entitled to a maximum of 2 days paid Compassionate Leave for the purposes of spending time with a person who is a member of the Associate's immediate family or household and has a personal illness or injury that poses a serious threat to his/her life.

(i) Personal Leave entitlements are available up to a period of 5 days if Compassionate Leave is exhausted and the Associate is still unable to attend work.

U) There shall be no entitlement to Leave under this Clause where an Associate is absent from work on another form of approved Leave (except Annual Leave as outlined in sub clause 6.3).

6.7 Community Leave

(a) Permanent Associates shaii be entitied for up to two weeks Leave per year if they are a member of recognised voluntary services including the Defence Force Reserve, SES or Fire Fighting.

(b) If a member of the Defence Force Reserves, this Leave is for the purposes of attending approved training Camps. If a member of any other recognised voluntary service the purpose of this Leave is to attend to Emergency situations.

(c) To receive payment the Associate will provide BIG W proof of attendance at the emergency situation or proof of Defence Force Reserve Rate of Pay and total wages received for the time spent in training. BIG W will reimburse the Associate the difference between the amount received for Defence Leave and the Associate's ordinary rate of pay.

(d) Permanent Associates who are a member of more than one recognised voluntary service will be eligible for 2 weeks Leave for the purposes of each of these Community Services.

BIG W Stores Agreement 2012 6.8 Jury Service

(a) A Permanent Associate shall be allowed Leave when required to attend for Jury Service. During such Leave, the Associate will be paid as normal and return the Jury Service fees to BIGW.

(b) To receive payment, an Associate shall provide to BIG W, proof of their requirement to attend, proof of actual attendance and monies received for such Jury Service.

(c) An Associate on Jury Service shall not be required to attend work on that day/evening/night regardless of the duration of the Jury Service.

(d) The combination of work and Jury Service shall not exceed the number of starts the Associate would normally be rostered to work in the week.

(e) An Associate 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-crediting of annual leave it will be necessary for the Company to deduct the value of the leave loading for the period of leave re-credited from the employee's weekly earnings.

6.9 Parental Leave

(a) Parental Leave shall mean unpaid Maternity, Paternity or Adoption Leave.

(b) Parental Leave will be available according to the National Employment Standards, including transfer to a safe job provisions.

(c) A copy of these Parental Leave provisions will be placed on each BIG W's store Associates noticeboard.

(d) On request BIG W will provide an Associate with a copy of the Parental Leave provisions.

(e) In addition to the Parental Leave provisions a Casual Associates who has been employed by BIG W for at least one year and works a minimum of one start per week or works regular hours on regular days will be entitled to Parental Leave.

(f) Associates may elect to use their Long Service Leave for Parental Leave and this may be taken in the usual way or at half pay for double the Leave.

(g) Associates may be engaged, on a strictly voluntary basis, on a Casual basis during periods of Parental Leave. Such engagements shall be paid at the appropriate hourly rate in lieu of all Leave entitlements and shall not be included as service for any such accruals and will not extend the period of Parental Leave beyond the originally approved period of Leave.

(h) A Full Time Associate returning to work after taking Parental Leave will be entitled to return to work as a Part Time Associate if it is their preference to do so, subject to BIG W's operational requirements.

(i) On returning to work after Parental Leave due consideration will be given to the Associate's family responsibilities when establishing their roster times. Subject to BIG W's operational requirements Associates returning to work after Parental Leave will have the right to return to their original rosters.

BIG W Stores Agreement 2012 6.10 Pre-Natal and Pre-Adoption Leave

(a) Entitlement (ii) A permanent Associate who is pregnant or whose partner is pregnant, or

who is seeking to adopt a child, may access their accrued personal leave for pre-adoption interviews or medical appointments associated with the pregnancy.

(b) Notice Required (iii) An Associate will inform BIG W as soon as possible of a requirement to

attend a medical or pre-adoption appointment. (c) Proof of Attendance

(iv) An Associate will provide proof of attendance if requested by BIG W

6.11 Long Service Leave

(a) Associates are entitled to Long Service Leave in accordance with relevant State legislation.

(b) Broken Hill (i) Long service leave provisions for Broken Hill Associates shall be as per

the NSW Long Service Leave Act 1955, provided however that 13 weeks long service leave shall be granted at the end of 1 0 full complete years in lieu of 15 years as now set out in the NSW Long Service Leave Act 1955.

6.12 Natural Disaster Leave

(a) Where a yellow alert or a state of emergency is declared, or where flooding, earthquake or bushfires occur, or are imminent, associate shall be allowed to leave work to care for their family and/or property where there is a genuine risk.

(b) A full time or part-time associate is to receive up to 3 days paid leave if there is a reasonable and justified reason that the associate is unable to attend word due to a natural disaster. Provided that such leave may be extended with agreement of the Company in extenuating circumstances.

PART 7 EMPLOYMENT CONDITIONS

7.1 Contract of Employment

(a) BIG W may engage Associates as Full time Associates, Part Time Associates or Casual Associates. 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 BIG W to a different role within BIG W, any previous service with Woolworths Ltd will count as service with BIG W for all purposes of the Agreement.

(b) Should BIG W wish to terminate a Permanent Associate, , written notice of termination must be given and the following period of notice shall be provided:

Period of Continuous Service Less than 1 year 1 year or more but less than 3 years 3 years or more but less than 5 years 5 years and over

Period of Notice 1 week 2 weeks 3 weeks 4 weeks


(c) Associates over 45 years of age with two or more years continuous service at the time of termination, shall receive an additional week's notice.

(d) Where the relevant period of notice is not provided, the Associate 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.

(e) Payment in lieu of notice shall be calculated using Associates weekly ordinary time earnings in accordance with the Fair Work Act 2009.

(f) Any Associate who is guilty of serious misconduct may be instantly dismissed and will only be paid up to the time of dismissal.

7.2 Payment of Wages

(a) Wages shall be paid weekly in arrears. In the case of Permanent Associates the wage paid will be calculated as an average of the wage for the 4 week cycle.

(b) Where an Associate gives proper notice of resignation, their termination pay is to be available to them in their next pay cycle.

(c) Payment will be made by Electronic Funds Transfer.

(d) BIG W shall pay wages by Wednesday, within four days, of the end of each pay period.

7.3 Notice of Termination by Associate

(a) The minimum notice of termination given by an Associate, other than casual, shall be the following;

Period of Continuous Service Less than 1 year 1 year or more

Period of Notice 1 week 2 weeks

(b) If an Associate fails to give notice BIG W shall have the right to withhold moneys due to the Associate. The maximum amount that may be held is the Associate's ordinary rate of pay for the period of notice.

(c) By mutual agreement BIG Wand the Associate may agree to waive the period of notice and the Associate paid to the date of termination only.

7.4 Time Off During Notice Period

(a) Where BIG W has given notice to an Associate of intended termination, the Associate shall be allowed time off without loss of pay, for a cumulative period of up to 1 day per month for the purpose of seeking other employment. Such time off shall be taken at times that are convenient to the Associate after consultation with their manager.

7.5 Statement of Employment

(a) BIG W shall, when requested, provide to the Associate a written statement specifying the period of the employment and the classification of, or the type of work performed by the Associate.


7.6 Temporary Employment

(a) BIG W may engage temporary Associates on a Full Time or Part Time basis provided that the periods shall:

(i) Not be less than one month. Provided that the minimum engagement may be 2 weeks where the sole purpose is the replacement of an Associate on Annual Leave or Personal Leave. The contract may not be more than 12 months' duration and contracts are not run consecutively.

(ii) For the sole purpose of the replacement of an Associate on Parental Leave, a temporary contract may not be more than 24 months duration. In this case, contracts may run consecutively if the Associate on Parental Leave requests their leave to be extended.

(iii) Prior to the commencement of the temporary contract the Associate will 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 temporary contract.

(b) Either party in accordance with the Termination of Employment provisions may terminate a temporary contract.

(c) Employment on a Temporary Contract shall be voluntary and in the case of existing Associates, the provisions of the Savings Clause shall continue to apply.

(d) An Associate who accepts a Temporary Contract shall not be disadvantaged in respect of their terms and conditions of employment. ·

(e) Where an Associate varies their employment contract to a temporary contract, such an Associate, will at the end of the contract revert to a position which is no less advantageous to the Associate than that which existed immediately prior to the temporary contract.

(f) Where a casual associate accepts a temporary contract, personal leave shall accrue weekly in arrears

7.7 Superannuation

7.7.1 General Provisions

(a) Superannuation will be provided by BIG W to eligible Associates through:-(i) Retail Employee's Superannuation Trust (REST) and BIG W shall

participate in accordance with the REST Trust Deed; or (ii) REST and Woolworths Group Superannuation Scheme (Woolworths

Super) but only where an existing Associate (as at 1.4.97) is currently a member of both these funds (in accordance to with the REST and Woolworths Super Trust Deeds).

(iii) There will be no new entrants to Woolworths Super. (iv) It is the intention of the parties to this agreement that the provision of

superannuation benefits for eligible Associates who are covered by this enterprise agreement will be through these two funds only and this agreement will not be overridden by the requirements to provide Associates with a choice of superannuation funds or the ability to "opt out" which was announced by the Federal Government in the 1997 Budget.

(b) Subject to the above, where an Associate is only a member of REST, BIG W shall contribute to REST on behalf of each eligible Associate at the rate of 9%. or such other percentage consistent with the Superannuation Guarantee (Administration) Act 1992.


(c) For the purpose of this clause an eligible Associate is one who: (i). Earns $450 or more in ordinary time earnings in any month; (ii) In the case of an Associate aged below 18 years, works at least 30

hours per week;

(d) Where the Associate is a member of both REST and Woolworths Super, BIG W will maintain the current 3% contribution to REST with the balance of the contribution required to ensure BIG W meets its superannuation guarantee charge obligations being made into Woolworths Super. Existing members of Woolworths Super with contribution levels as at 1.4.97 exceeding the above rates will have their contribution rates capped at that level for all future contributions.

(e) BIG W shall provide each Associate upon commencement of employment with the appropriate membership application form(s) for REST and shall forward the completed membership form(s) to REST within 14 days of receiving the properly completed forms from the Associate.

(f) Contributions to REST shall be made on a monthly basis.

(g) In respect of addition contributions to REST: (i) An Associate may make personal contributions to REST in addition to

those made by BIG W. (ii) An Associate who wishes to make such additional contributions must

authorise BIG W in writing to pay into REST, from the Associate's wages, a specified amount in accordance with the REST Trust Deed Rules.

(h) Upon receipt of written authorisation from the Associate, BIG W shall commence making monthly payments into the Fund on behalf of the Associate.

(i) An Associate may vary the amount of his or her additional contributions only once each year by a written authorisation BIG W shall alter the additional contributions within 14 days of receipt of such authorisation.

(ii) Additional Associate contributions to REST requested under this subclause must be expressed in whole dollars.

(i) Additional contributions to Woolworths Super may be made by the Associate in accordance with the Trust Deed and rules of Woolworths Super.

7.7.2 Ability to Salary Sacrifice by Company Authorisation

(a) An Associate may direct the Company to pay a portion of the Associate's wages into REST for the benefit of the Associate. Salary sacrifice contributions are classified as concessional contributions which are subject to concessional taxation limits (caps) imposed by the Australian Taxation Office.

(b) Any amounts 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 Associate fall below the rates set by this Agreement solely because of the company paying additional superannuation contributions on a pre-tax basis under this clause. Where an Associate elects to salary sacrifice, Company superannuation contributions will be based on the Associate's pre-sacrifice wage.

7.8 Supported Wage Clause

(a) Associates may be engaged on the Supported Wage System in accordance with the Full Bench Decision of 10 October 1994 (Print L 5723). This decision specifies the conditions that will apply to Associates who because of the effects of a disability are eligible for a supported wage.


(b) Associates should contact the BIG W HR Department for a copy of the relevant decision of their Supported Wage entitlements.

(c) Any Associate employed under the Supported Wage System will be paid the rates of pay applicable at the time of employment. The 10% minimum rate level will reflect all National Wage Increases which have occurred.

7.9 Dress and Behaviour Standards

(a) BIG W takes great pride in its professionalism and superior product and service. An extension of BIG W professionalism is the requirement that Associates must always present themselves in a business-like manner.

(b) BIG W shall have the right to determine a non-compulsory preferred code of dress for each Associate.

(c) Any Associate required to work in wet conditions will be provided with waterproof protective shoe coverings.

(d) Any Associate who is required to work outside in wet weather or in hot temperatures shall be provided with adequate protection from the elements.

7.10 Termination, Change and Redundancy

(a) BIG W will adhere to the Termination Change and Redundancy standards as set by Fair Work Australia at the time of any Termination Change or Redundancy.

(b) Major Change applies where BIG W has made a definite decision to introduce major changes that are likely to have significant effects on Associates. This may result from:

(i) Major changes in BIG W or BIG W's structure (ii) Changes in technology (iii) Economic recession. Economic recession is not the technical definition

of 2 negative quarters of growth but a major depression with 2 quarters of negative sales figures for BIG W

(c) In some cases Major Change may lead to Redundancies. Redundancy applies where BIG W has made a decision that it no longer wishes the job the Associate has been doing to be done by anyone. If Redundancy occurs the present payment Associates will be entitled to pursuant to Fair Work Australia standards are:

Less than 1 year: Nil More than one but iess than two years: 4 weeks pay More than two but less than three years: 6 weeks pay More than three but less than four years: 7 weeks pay More than four but less than five years: 8 weeks pay More than five but less than six years: 1 0 weeks pay More than six but less than seven years: 11 weeks pay More than seven but less than eight years: 13 weeks pay More than eight but less than nine years: 14 weeks pay More than nine but less than ten years: 16 weeks pay More than ten years: 12 weeks pay


(d) If major change is to occur BIG W shall discuss with the Associates affected and their representatives:

(i) The introduction of the major change (ii) The effects the changes are likely to have on Associates (iii) Measures to avert or to mitigate the adverse effects of such changes on

Associates

(e) The discussions shall commence as early as practicable after a firm decision has been made by the BIG W to make the Major Change or Redundancy. BIG W shall give prompt consideration to matters raised by Associates and/or their representatives in these discussions. To aid the discussions BIG W shall provide to the Associates concerned and their representatives:

(i) All relevant information about the changes including the nature of the changes propose

(ii) The expected effects of the changes on Associates (iii) And any other matters likely to affect Associates provided that BIG W

shall not be required to disclose confidential information the disclosure of which would be inimical to its interests.

7.11 Security of Employment

During the period of operation of this agreement, no existing full time or part time employee shall be forcibly made redundant. This provision shall not apply to stores in geographically isolated "areas".

Where stores in geographically isolated areas are closed during the life of this agreement and an employee indicates a preparedness to re-locate to a town or city where another BIG W Store operates, the Company will provide employment of similar status, hours and remuneration to that employee.

Should an employee transfer in circumstances as indicated above they shall retain continuity of employment for all purposes.

This provision will not prevent the Company from terminating employees through poor performance or misconduct.

PART 8 SAVINGS

8.1 Associate Savings

(a) Every Associate is entitled to at least half of every pay increase.

(b) All associates employed as a Cosmetics Associate as at 01 August 2012 will have their Grade 3 rate of pay saved with absorption of wage increases at a rate of % of each pay rise. Ho wever, if an associate initiates a change, for example changing state, moving store, changing role, promotion or accepting a role not within the BIG W division, at that point the savings provision would forever cease to apply to the employee. In all other circumstances, provided the Associate continues to be employed on a continuous and unbroken basis by Big Win any capacity, this savings provision will apply.

(c) All Associates employed as a Wage Clerk as at 30 January 2003 who became Office Clerks as a result of the Company Back Office Restructure will have their Grade 4 rate of pay saved with absorption of wage increases.

As committed to Associates and the SDA at that time, absorption will be subject to absorption at a rate of % of each pay rise.


(d) Associates employed prior to August 2000 in the roles of Cashier, Merchandise Office Assistant,- Invoice Office Assistant, Repairs Clerk and Price Auditor shall continue to be paid at 108.4% of the Retail Associate Ordinary Time Earnings.

(e) No Associate will move to a lower hourly rate of pay for their current roster. This applies to ordinary time earnings and to regular Overtime.

(f) Where an Associate employed prior to November 1994 moves into a new roster, which would have incurred penalty rates under their relevant State Award, that move can be made only by mutual agreement.

(g) Where an Associate employed between November 1994 and August 1997 moves into a new roster, which would have incurred penalty rates under the 1994 Agreement: that move can be made only by mutual agreement.

(h) Part Time Associates employed prior to August 1997, who are entitled to a minimum weekly engagement exceeding 1 0 hours per week will be protected.

(i) Part Time Associates employed prior to August 1997 in Victoria and Western Australia working less than 10 hours per week shall be permitted to retain existing hours if they wish.

U) Part Time Associates employed prior to August 2000 who are entitled to a minimum weekly engagement of 10 hours per week will be protected.

(k) Part Time Associates employed prior to August 1997 working more than 32 hours per week will be offered a Full Time position where practicable, or may elect to remain on their existing weekly hours.

(I) Where Associates were employed either, prior to August 1997, or under the 1997 agreement, and were protected from working Sundays, it shall remain voluntary for those Associates to be rostered to work on Sundays.

(i) Where an Associate protected by this clause transfers at their own request to a store where Sunday trading is already lawful, the Associate can be rostered to work on Sundays at the new store.

(ii) Where an Associate transfers at BIG W's request from a non Sunday trading store to another store where Sunday trading is already lawful, any work on a Sunday remains voluntary, at the new store.

(iii) An Associate referred to above may elect to work on a Sunday for a limited period under a written agreement provided that at the end of the period the Sunday work would cease and the Associate's right to refuse to work on Sundays would remain unimpaired.

(m) Employees regularly working between 8pm and 1 Opm Saturday prior to the introduction of the 2000 Agreement will have their penalty rate saved.

(n) Employees engaged prior to August 2006 who were regularly working between 7.00 a.m. and 8.00 a.m. and/or between 6.00 p.m. and 7.00 p.m. on Sunday will have their penalty rate saved and employees engaged prior to the operative date of this agreement who were not required to work between 7.00 a.m. and 8.00 a.m. and/or between 6.00 p.m. and 7.00 p.m. on Sundays will not be required to work those hours, but may if requested, choose to do so.

. BIGW Stor~s Agreement 2012 Signatories to the Agreement


of BIG W, who is duly authorised to sign this workplace agreement on behalf of BIG W Pty Ltd.

Date I Cr· I 1-12 ...

BIG W Pty Ltd 1 Woolworths Way Bella Vista. NSW 2153

Signature~

Name Ill#

of the Shop, Distributive and Allied Employees' . Assoqiatlon, who is duly authorised to sign this workplace agreement pursuant to the rules of the Shop, Distributive and Allied Employees' Association.

Date

The 'Shop Distributive and Allied Employees Association 6!h Floor. 53 Queen.Street Melbourne VIC 3000

Signatu~ AJ ~

v as ~Secretary of the P.ustralian Workers' Union of Employees, Queensland, who is duly authorised t0 ·sign this workplace pursuant to the rules onheAustr.allan Workers' Union of Employees, Queensland

The Australian Workers• Union .of Employees; Queensland 12'° Floor, 333 Adelaide Street BRISBANE QLD 3000

---~---·-···-------------··--------~--- .

Schedule 2.2 Model flexibility term (regulation 2.08)

Model flexibility term

(1) An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if:

(a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to

1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee.

(2) The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no

arrangement was made.

(3) The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of

age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement;

and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and

conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences.

(4) The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to.

(5) The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement;

or (b) if the employer and employee agree in writing — at any time.

[2012] fwaa 10414 - sda national · [2012] fwaa 10414 fair work australia decision fair work act...

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