SDA New South Wales - Unions Work Australia... · OPERATIVE ON AND FROM 3 SEPTEMBER 2012 THROUGH TO 30 APRIL 2016. ... KMART AUSTRALIA LTD AGREEMENT 2012 4 4.4 To communicate and

Shop, Distributive and Allied Employees’ Association

New South Wales Branch

WorkUnions

KMART AUSTRALIA LTD

AGREEMENT

2012

OPERATIVE ON AND FROM 3 SEPTEMBER 2012

THROUGH TO 30 APRIL 2016

KMART AUSTRALIA LTD AGREEMENT 2012

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PART 1 – APPLICATION AND OPERATION OF AGREEMENT

1. TITLE

This Agreement shall be known as the Kmart Australia Ltd Agreement 2012.

2. ARRANGEMENT

PART 1 – APPLICATION AND OPERATION OF AGREEMENT .............................. 1 1. TITLE ...................................................................................................................... 1 2. ARRANGEMENT .................................................................................................... 1 3. INCIDENCE AND PARTIES BOUND ...................................................................... 3 4. OBJECTIVES .......................................................................................................... 3 5. DURATION ............................................................................................................. 4 6. DEFINITIONS ......................................................................................................... 4

PART 2 – WAGES, ALLOWANCES AND RELATED MATTERS ............................. 6 7. WAGES ................................................................................................................... 6 8. FIRST AID ............................................................................................................. 14 9. TRANSPORT, DRIVERS AND ALLOWANCE....................................................... 14 10. LOCATION ALLOWANCE .................................................................................... 15

PART 3 – EMPLOYMENT RELATIONSHIP AND HOURS OF WORK ....................16 11. TERMS OF EMPLOYMENT .................................................................................. 16 12. HOURS OF WORK ............................................................................................... 21

PART 4 – ROSTERING, BREAKS AND OVERTIME ...............................................23 13. ROSTER CONDITIONS ........................................................................................ 23 14. OVERTIME ........................................................................................................... 27 15. MEAL BREAKS AND TEA BREAKS ..................................................................... 30

PART 5 – LEAVE AND PUBLIC HOLIDAYS ...........................................................32 16. PUBLIC HOLIDAYS .............................................................................................. 32 17. ANNUAL LEAVE ................................................................................................... 37 18. LONG SERVICE LEAVE ....................................................................................... 40 19. PERSONAL LEAVE .............................................................................................. 40 20. PRE-NATAL LEAVE.............................................................................................. 43 21. COMPASSIONATE LEAVE .................................................................................. 44 22. BLOOD DONOR LEAVE ....................................................................................... 45 23. COMMUNITY SERVICE LEAVE AND OTHER LEAVE ......................................... 46 24. PARENTAL LEAVE AND REQUESTS FOR FLEXIBLE WORKING

ARRANGEMENTS ................................................................................................ 49

PART 6 – COMMUNICATION, CONSULATION AND DISPUTE RESOLUTION .....61 25. INTRODUCTION OF CHANGE ............................................................................. 61 26. REDUNDANCY ..................................................................................................... 62 27. DISPUTES RESOLUTION PROCEDURE ............................................................ 65

PART 7 – COMPANY AND TEAM MEMBER’S DUTIES, WORKPLACE SAFETY & RELATED MATTERS ...............................................................................................67 28. SUPERANNUATION ............................................................................................. 67 29. ACCIDENT PAY .................................................................................................... 69 30. RETAIL TRAINEESHIPS ...................................................................................... 70 31. DRESS AND PRESENTATION STANDARDS ...................................................... 70 32. PROTECTIVE CLOTHING .................................................................................... 70 33. POSTING OF AGREEMENT AND FAIR WORK INFORMATION STATEMENT ... 70 34. SAVINGS PROVISIONS ....................................................................................... 70


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35. INDIVIDUAL FLEXIBILITY TERM ......................................................................... 74 36. WORKPLACE SAFETY ........................................................................................ 75 37. GUIDELINES CONCERNING SECURITY PROCEDURES .................................. 78 38. INTERACTION WITH THE NES ........................................................................... 81 39. TRADE UNION TRAINING LEAVE ....................................................................... 81 40. UNION RECOGNITION AND MEMBERSHIP ....................................................... 82 41. UNION DELEGATES ............................................................................................ 82 42. UNION NOTICE BOARD ...................................................................................... 83 43. PAID UNION MEETINGS ...................................................................................... 83 44. SIGNATORIES TO THE KMART AUSTRALIA LTD AGREEMENT 2012 ............. 84

PART 8 – APPENDICES...........................................................................................85 APPENDIX A – CONCILIATION AND ARBITRATION ................................................... 85 APPENDIX B – ALPHABETICAL INDEX ....................................................................... 89


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3. INCIDENCE AND PARTIES BOUND

3.1 This Agreement shall be binding upon:

(a) Kmart Australia Limited; and

(b) The Shop Distributive and Allied Employees’ Association in respect of team members, whether members of the Union or not, who are employed by Kmart (“Kmart Stores”) throughout Australia but excluding K Auto Service Centres, in the classifications contained in this Agreement; and

(c) The Australian Workers Union (QLD Branch) with respect to team members, whether members of the AWU or not, who are employed by Kmart 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, but excluding K Auto Service Centres, in the classifications contained in this Agreement.

3.2 It is agreed that team members employed within retail stores in management pay ranged positions equivalent to or greater than pay range 11, as appointed or promoted, are not covered by the terms and conditions of this Agreement.

3.3 Subject to the requirements of the Fair Work Act 2009, this Agreement shall operate in complete substitution of any Award (including any Modern Award and the General Retail Industry Award 2010) or Agreement, whether state or federal, previously covering such team members as are provided for within the classifications contained herein.

4. OBJECTIVES

4.1 The ongoing development of a supportive relationship between team members and Kmart built on commitment to trust and mutual respect.

4.2 The achievement of the competitive requirement of increased customer service at a lower cost through enhanced productivity and efficiencies within the workplace.

4.3 The creation of a flexible work environment that recognises the changing needs of the customer and which enables team members to work to the level of their skills, training and capabilities.


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4.4 To communicate and consult with team members encouraging them to participate and become involved in matters that have an impact on their environment and positions within the organisation.

4.5 To provide more stable and secure employment for all team members with the objective of minimal turnover and long term employment.

4.6 To provide a healthy, safe and harmonious working environment. In working towards the achievement of this objective, Kmart and the Union shall honour the provisions in relation to Workplace Safety as set out in clause 36.

4.7 Equal Employment Opportunity, Workplace Harassment and Discrimination

4.7.1 It is the intention of Kmart to comply with all relevant legislation to provide equal opportunity for every team member in all spheres of employment, and an environment in which team members may work without distress or interference caused by harassment, including sexual harassment and discrimination

4.7.2 Kmart also undertakes to periodically review a nationally applicable equal opportunity policy and grievance procedures, in conjunction with the Union.

4.7.3 It is the intention of Kmart to provide all team members access to a copy of each policy and appropriate training in the principles and procedures in relation to equal opportunity including, discrimination, harassment and sexual harassment

4.7.4 Kmart and the Union agree that duly authorised officers of each organisation, or their representatives, shall meet on a 6 monthly basis or more frequently if agreed during the life of the Agreement, to discuss, monitor and review equal opportunity and harassment matters or concerns, in relation to team members covered by this Agreement.

5. DURATION

5.1 This Agreement will come into effect seven days after the date it is approved by Fair Work Australia and will remain in force until April 30, 2016.

5.2 It is agreed that there shall be a no-extra claims commitment during the life of this Agreement.

6. DEFINITIONS

6.1 Permanent Team Member

Shall mean either a full-time or part-time team member.

6.2 Casual Team Member

Shall mean a person engaged on an hourly basis to work when available and as required by Kmart.


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6.3 Ordinary Hourly Rate

The ordinary hourly rate of pay for full-time and part-time team members shall be 1/38th of the appropriate weekly rate contained in clause 7. The ordinary hourly rate of pay for casual team members shall be 1/38th of the appropriate weekly rate contained in clause 7 plus 20%.

6.4 Continuous Service

Continuous service shall, for the purpose of annual leave and personal leave accruals (include all service with Kmart from the date of engagement, but shall not include in any anniversary year of accrual:

(a) Unauthorised absences of more than one week; and

(b) Authorised unpaid absences (including unpaid absences due to sickness) of more than one week, but excluding any period of community services leave in accordance with the NES.

Continuous service shall for the purpose of determining eligibility for parental leave, requests for flexible working arrangements, calculation of termination notice and severance pay shall include all service with Kmart from the date of engagement, but shall not include in any anniversary year of accrual any unauthorised absences.

6.5 FWA

Means Fair Work Australia.

6.6 NES

Means the National Employment Standards contained in the Fair Work Act 2009.

6.7 Union

Union shall mean the Shop Distributive and Allied Employees’ Association (SDA) and the Australian Workers Union (QLD Branch) in respect to the area of coverage specified in sub-clause 3.1 of this Agreement.

6.8 Systematic Cleaning

Systematic cleaning shall not mean cleaning duties incidental to a team member’s duties. Incidental cleaning shall include dusting of shelves and stock, the sweeping up of packaging materials within the general work area, the cleaning of implements and fixtures used and the cleaning (including vacuum cleaning) of the immediate work area. Incidental cleaning shall not include the wet washing of floors, the cleaning of toilets, sweeping of pavement areas excepting incidental to sales promotion activities, the cleaning of exterior windows other than for the removal of occasional defacements, the cleaning of electrical and plumbing vents, electrical conduits and pipe work.


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6.9 Key Operational Periods

Key Operational Period shall mean in each year:

(a) The commencement of the 4-week cycle prior to the last Monday in October to the cessation of the 4-week cycle following the last Sunday in February; and

(b) The commencement of the 4-week cycle prior to the half yearly stock take to the cessation of the 4-week cycle following the last Sunday in July.

Key Operational Period shall also mean 2 consecutive 4-week cycles during which a store refit is undertaken. Store refit means the refurbishment of a store involving the use of shop fitters in accordance with specified refurbishment drawings/plans, but does not mean an occasional change in the layout or format of a store. During the life of this Agreement no more than one (1) Key Operational Period will operate per store for a refit.

6.10 De facto Partner

Has the same meaning as set out in the Fair Work Act 2009.

PART 2 – WAGES, ALLOWANCES AND RELATED MATTERS

7. WAGES

7.1 Rates of Pay

7.1.1 Effective from the first pay period to commence on or after the dates shown below.

Extended Trade Stores*

1 May 2012

1 Nov 2012

1 May 2013

1 Nov 2013

1 May 2014

1 Nov 2014

1 May 2015

1 Nov 2015

Level 3 Retail Assistant

$769.70 $782.90 $796.10 $809.30 $822.50 $835.70 $848.90 $862.10


$717.20 $729.50 $741.80 $754.10 $766.40 $778.70 $791.00 $803.30


$699.70 $711.70 $723.70 $735.70 $747.70 $759.70 $771.70 $783.70


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Non-Extended Trade Stores**

1 May 2012

1 Nov 2012

1 May 2013

1 Nov 2013

1 May 2014

1 Nov 2014

1 May 2015

1 Nov 2015


$764.90 $778.10 $791.30 $804.50 $817.70 $830.90 $844.10 $857.30


$712.80 $725.10 $737.40 $749.70 $762.00 $774.30 $786.60 $798.90


$695.40 $707.40 $719.40 $731.40 $743.40 $755.40 $767.40 $779.40

* “Extended Trade Stores” are stores which may legally trade 5 nights per week

and/or where general Sunday trading legally commences. “General Sunday Trading” shall mean trading on all Sundays throughout the year except Easter Sunday and Public Holidays.

** “Non-Extended Trade Stores” are stores which may legally trade less than 5 nights per week.

7.1.2 Rates of Pay Principles in relation to Trading Hours

(a) Rates of pay are to prevail for legal trading ability.

(b) When changes to legal trading ability occur, the rate of pay will change.

(c) Where the change results in a reduction in the rate of pay, no team member will sustain a reduction in their rate of pay. However, the subsequent increases in pay as provided under the terms of the Agreement will absorb any additional amount.

(d) Where a change results in an increase in the rate of pay, team members will receive the increased rate of pay from the commencement of the following pay cycle.

7.1.3 The Level 2 and Level 3 rates as defined shall be at the proportion of 102.5% and 110% respectively in relation to the Level 1 rate of pay.

7.1.4 Junior Rates are as follows:

20 yo 100.0%

19 yo 80.0%

18 yo 67.5%

17 yo 55.0%*

16 yo & below 50.0%

* Increases to 57.5% from first pay period to commence on or after 1

May 2014.


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7.1.5 The junior proportions shown above shall not apply where a team member is performing supervision work in accordance with the provisions of sub-clause 7.3 of this Agreement or level 3 clerical work.

7.1.6 Standing Down of Team Members

The Company may stand down a team member without pay if the team member cannot be usefully employed because of any strike, breakdown in machinery, or stoppage of work by any cause for which the Company cannot reasonably be held responsible provided that:

(a) each period for which useful work cannot be performed extends beyond 2 days before the stand down occurs;

(b) a team member stood down does not lose entitlements to benefits of a public holiday which falls during the stand down period;

(c) when calculating entitlements for continuity of employment, annual leave, personal leave and long service leave, any such time shall be counted as time worked.

7.1.7 Recovery of Overpayments

(a) In the event that Kmart inadvertently makes an overpayment of remuneration to a team member and the entitlement to that remuneration is governed by this Agreement, Kmart shall have the right to recover such overpayment in accordance with this sub-clause.

(b) Kmart must advise the team member in writing of the amount of the overpayment and the reason and circumstance of the overpayment.

(c) Kmart and the employee may agree on the amount to be recovered from each periodic pay of the employee, the number of periodic pays that will be affected by the recovery action and the usual amount of pay that the employee will receive whilst the recovery action occurs. The agreement shall be in writing, however an employee will not unreasonably withhold their agreement.

(d) An employee may dispute any overpayment recovery claim. If no agreement is reached, the matter must be dealt with under the Dispute Settlement Procedure of this Agreement. Any resolution of a dispute about an overpayment recovery claim must have regard to all the circumstances of the case and may determine the amount, if any, of the overpayment to be recovered and the method and timing of any recovery of an overpayment.


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7.2 Classification Definitions

Level 3 - A Retail Assistant employed at this level shall perform Payroll Clerk duties or shall provide supervision in accordance with sub-clause 7.3 of this Agreement. Payroll Clerk duties shall include the operation and application of a wage and salary system to calculate wages and maintain records.

Level 2 - A Retail Assistant employed at this level shall perform non-payroll clerical duties (excluding returns and repairs related work) or shall perform as a Specialist Retail Assistant. Clerical duties performed at this level shall include general clerical routines not related to payroll duties. A Specialist will have completed the credentialed training and shall perform the range of specialist duties. The following positions shall be deemed to be Level 2 Specialists: Mini-Lab Specialist and Self-Serve Checkout Specialist.

Level 1 - A Retail Assistant employed at this level shall perform sales, replenishment and returns / repairs related duties. Retail Assistants may not be engaged to carry out systematic cleaning duties as defined.

A team member may be required to perform any function or work in any area at their classification level provided those duties are within the skill, competence and training of the team member.

Classification Payment Principles

Team members performing duties in a higher level will receive payment at the higher rate for actual hours worked (based upon rostered hours) whilst performing such duties, except team members providing supervision who will be paid in accordance with sub-clause 7.3 of this Agreement

If a team member works regular rostered hours in another area of lower classification, they will be paid the lower rate. If the team member is requested to work on an ad hoc basis in a lower classification, they will continue to receive their normal (higher) rate.

New adult team members with no relevant retail experience may be paid an “introductory rate” equivalent to 95% of either the Level 1 rate or the Level 2 rate for new clerks. This “introductory rate” shall apply for a maximum period of up to 3 months of service following the commencement of their employment.

7.3 Supervision

7.3.1 Where a team member temporarily performs in a management position they will be paid an allowance 10% above the Level 1 Retail Assistant’s rate for full-time and part-time team members and at the Level 1 Retail Assistant’s rate plus 30% for casual team members.

7.3.2 The need for such temporary performance will be at management’s determination. Temporary performance in a management position will generally apply for one week or more.

7.3.3 In exceptional circumstances, for periods of less than 1 week, payment for temporary performance will be on the following basis:

- For a period of less than 4 hours the team member shall be paid on an hourly basis, and


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- For a period of 4 hours or more payment shall be made for the entire shift.

The provisions of this clause shall also apply in the following circumstances:

(a) A team member is providing supervision during a Line Manager’s period of leave; or

(b) A team member is performing supervision duties at the checkout area i.e. Front End Supervisor; or

(c) A team member who is carrying keys and opening the store for replenishment purposes until a Manager arrives at the store.

7.4 Payment of Wages

7.4.1 Kmart shall pay wages weekly or fortnightly in arrears, by either cash or by payment into a bank account, building society account or credit union account nominated by the team member. In the case of fortnightly pay such payment shall be made not later than Wednesday of the following pay cycle and not later than 3 days after the end of the pay cycle; provided that where a public holiday falls on a Monday or a Tuesday prior to pay day, wages shall be paid no later than Thursday in that week. In the case of weekly pays such payment shall be made not later than Thursday and not later than 3 days after the end of the pay week.

7.4.2 For the purposes of this Agreement, the pay week shall run from Monday to Sunday inclusive. Provided that payment for work performed which commences prior to midnight on Sunday night and continues into Monday, shall be paid as part of the week in which the shift commences.

7.4.3 In the case of permanent team members the wage paid will be calculated as an average of the wage for the 4 week roster cycle. For the purposes of averaging of pays, for full-time team members the average payment shall reflect 38 hours and for part-time team members the average payment shall reflect the contract hours of the team member.

7.4.4 Where the pay cycle or the pay day is changed so that team members receive a smaller pay or a later pay at the point of change than they have been accustomed to receive, Kmart shall pay the relevant number of days’ pay in advance. The advance payment shall be phased out at a rate, which the individual team member elects over a maximum period of five months. Provided that a team member may elect to change to the new pay system immediately without an advance payment by Kmart.

7.5 Pay Advices

7.5.1 Pay advices given to team members shall include details of a team member’s current annual leave and long service leave entitlements. Where entitlements are not shown, the team member shall be provided with the entitlement details upon request.


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7.5.2 Time off in lieu records will be retained at the store and the team member may review their entitlement details by request.

7.5.3 Superannuation information is provided on a monthly basis on the pay advice.

7.5.4 Kmart may provide pay advices to team members in an electronic form however where Kmart makes a decision to do so Kmart must issue pay slips to workers securely and confidentially and team members must be able to access and print their pay slips in private at the store. Kmart will consult with the union prior to implementing any change to the provision of electronic pay advices.

7.6 Supported Wage

The terms as prescribed in this clause shall apply with respect to employment of team members under the Supported Wage principles.

7.6.1 Workers Eligible for a Supported Wage

This Clause defines the conditions which will apply to team members who because of the effects of a disability are eligible for a supported wage under the terms of this Agreement. In the context of this Clause, the following definitions will apply:

(a) “Supported Wage System” means the Commonwealth Government system to promote employment for people who cannot work at full Agreement wages because of a disability, as documented in [Supported Wage System: Guidelines and Assessment Process].

(b) “Accredited Assessor” means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

(c) “Disability Support Pension” means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

(d) “Assessment instrument” means the form provided for under the Supported Wage System that records the assessment of the productive capacity of the person to be employed under the Supported Wage System.

7.6.2 Eligibility Criteria

(a) Team members covered by this Clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the team member is engaged under this Agreement, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a Disability Support Pension.


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(b) The Clause does not apply to any existing team member employed by Kmart who has a claim against Kmart which is subject to the provisions of workers’ compensation legislation or any provision of this Agreement relating to the rehabilitation of team members who are injured in the course of their current employment.

(c) The Agreement does not apply to Kmart in respect of their facility, programme, undertaking service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered Company to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under s.10 or under s.12A of the Act, or if a part only has received recognition, that part.

7.6.3 Supported Wage Rates

Team members to whom this Clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this Agreement for the class of work which the person is performing, according to the following schedule:-

Assessed Capacity % of Prescribed Agreement Rate

10%* 10% 20% 20% 30% 30% 40% 40% 50% 50% 60% 60% 70% 70% 80% 80% 90% 90%

The minimum amount payable shall be not less than $75.00 per week. Adjustments to the minimum amount payable will automatically be increased to reflect any increases flowing from any Supported Wage decision that may apply during the life of the Agreement.

* Where a person’s assessed capacity is 10%, they shall receive a high degree of assistance and support.

7.6.4 Assessment of Capacity

For the purpose of establishing the percentage of the Agreement rate to be paid to a team member under this Agreement, the productive capacity of the team member will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either:


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(a) Kmart and a union party to the Agreement, in consultation with the team member or, if desired by any of these;

(b) Kmart and an accredited Assessor from a panel agreed by the parties to the Agreement and the team member

7.6.5 Lodgement of Assessment Instrument

(a) All assessment instruments under the conditions of this Clause, including the appropriate percentage of the Agreement wage to be paid to the team member, shall be lodged by Kmart with the Registrar of the Industrial Relations Commission.

(b) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where the union is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days.

7.6.6 Review of Assessment

The assessment of the applicable percentage should be subject to annual review or earlier on the basis of a reasonable request for such a review. The process or review shall be in accordance with the procedures for assessing capacity under the Supported Wage System.

7.6.7 Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Team members covered by the provisions of this Clause will be entitled to equal terms and conditions of employment as all other workers covered by this Agreement, paid on a proportionate basis.

7.6.8 Workplace Adjustment

When Kmart wishes to employ a person under the provisions of this Clause, reasonable steps shall be taken to make changes in the workplace to enhance the team member’s capacity to do the job. Changes may involve re-design of the job duties, working time arrangements and work Organisation in consultation with other workers in the area.

7.6.9 Trial Period

(a) In order for an adequate assessment of the team member’s capacity to be made, Kmart may employ a person under the provision of this Clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

(b) During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

(c) The minimum amount payable to the team member during the trial period shall be no less than $75.00 per week.


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(d) Work trials should include induction or training as appropriate to the job being trialed.

(e) Where Kmart and the team member wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under sub-clause 7.6.4, Assessment of Capacity.

8. FIRST AID

8.1 Kmart will provide and continuously maintain adequate first aid kits for use of team members in all locations.

8.2 Team members engaged under the terms of this Agreement and directed by Kmart to perform first aid activities, shall, upon their request, be reimbursed the cost of receiving Hepatitis A and/or B immunisation.

8.3 Where Kmart appoints a qualified team member to perform first aid duties, they shall be entitled to an additional allowance in accordance with the following table effective from the first pay period to commence on or after the dates shown below:

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May 2012

1 Nov 2012

1 May 2013

1 Nov 2013

1 May 2014

1 Nov 2014

1 May 2015

1 Nov 2015

Daily $1.87 $1.90 $1.93 $1.96 $1.99 $2.02 $2.05 $2.08

Weekly Maximum

$11.20 $11.39 $11.58 $11.77 $11.96 $12.15 $12.34 $12.53

8.4 Where Kmart no longer requires an appointed qualified team member to

perform first aid duties, Kmart shall notify the team member in writing that the team member is no longer required to perform first aid duties. In these circumstances the first aid allowance will cease being paid to the team member from the date of notification.

9. TRANSPORT, DRIVERS AND ALLOWANCE

9.1 Transport Allowance

9.1.1 Where a team member is temporarily transferred from one store to another, they shall be entitled to the following:

Any additional fare costs for using public transport; or

Any additional cost for private mileage will be calculated on the basis of cents per kilometre for vehicles of 1600cc or under, between 1601cc-2600cc or 2601cc and over in accordance with the guidelines from the Australian Taxation Office (A.T.O.). Rate adjustments are effective from the first pay period to commence on or after any rate adjustment is made by the ATO.

9.1.2 Where a team member agrees to use their private vehicle on company business, the transport allowance shall apply.


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9.1.3 A team member shall also be entitled to payment of additional travelling time at the ordinary time earnings rate except on Sundays and Public Holidays when payment shall be at time and a half.

Provided such payments shall cease when the team member has been permanently transferred to the store.

Where a team member 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, Kmart shall arrange at its own cost, an alternative safe form of transport for the team member.

9.2 Driver’s Allowance Offsite Reserves

Suitably qualified team members required to drive trucks between off-site reserves and stores shall be paid an additional amount of 64 cents per hour, whilst engaged on driving and related duties, to a maximum of $24.43 per week.

Provided that a team member who is permanently required to perform driving and related duties shall be paid such allowance during annual leave.

9.3 Forklift Driver’s Allowance

Where Kmart requires a team member to obtain a Forklift Licence or renew a Forklift Licence, the cost of any training and the cost of the Licence will be paid for by Kmart.

Where a team member, who is located at an offsite, is required to operate a Forklift for a majority of a shift the team member will be paid the Level 2 rate of pay for the entire shift. Where a team member, who is located at an offsite, is required to operate a Forklift for a minority of a shift the team member will be paid the Level 2 rate of pay for the time so worked calculated to the nearest 15 minutes.

Where a team member, located at a store, is required to operate a Forklift for 1 hour or more the team member will be paid the Level 2 rate of pay for the time so worked calculated to the nearest 15 minutes.

10. LOCATION ALLOWANCE

The following district allowances shall be paid in addition to the rates prescribed in clause 7 - Wages:

- Darwin $16.60 per week

- Alice Springs $9.30 per week

The provisions of General Order 911 of the Western Australian Industrial Relations Commission with respect to location allowances shall apply to the team members engaged under the terms of this Agreement in Karratha, Kalgoorlie, Port Hedland and any other location specified in that General Order as amended from time to time.


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PART 3 – EMPLOYMENT RELATIONSHIP AND HOURS OF WORK

11. TERMS OF EMPLOYMENT

11.1 Full-time Employment

11.1.1 A full-time team member shall be hired by the week (subject to sub-clause 11.5) to work 152 hours over a 4 week cycle with an average of 38 hours per week or 160 hours over a 4 week cycle in accordance with sub-clause 13.10.2.

11.1.2 The minimum daily engagement shall be 4 consecutive hours.

11.1.3 A full-time team member who is ready, willing and available to work the number of hours prescribed herein as a week’s work shall be paid the full weekly wage prescribed in clause 7.

11.2 Part-time Employment

11.2.1 A part-time team member shall be hired by the week to work an agreed base number of hours (contract hours) between a minimum of 36 hours and a maximum of 144 hours over a 4 week cycle.

11.2.2 The maximum ordinary hours worked in any week shall be 38.

11.2.3 The minimum ordinary hours worked shall be 9 hours per week or 36 hours averaged over a 4 week cycle.

11.2.4 Subject to sub-clause 13.12, the minimum daily engagement shall be 3 consecutive hours.

11.2.5 A part-time team member shall be paid the rates of pay prescribed in clause 7 on a pro-rata basis.

11.2.6 A part-time team member’s hours may be increased within the span of ordinary hours in clause 12 on a temporary basis during any 4 week cycle, provided the team member agrees and provided the total hours do not exceed the maximum hours prescribed elsewhere in this Agreement. The additional hours worked will be paid at ordinary time plus 15%. Provided that additional hours worked during a period where a penalty applies, the part-time team member shall receive the penalty plus the 15% payment. The 15% payment shall be calculated on the ordinary hourly rate in accordance with clause 7 of this Agreement.

Any extra hours paid with a loading on this basis will not be taken into account when calculating leave entitlements other than long service leave as provided by state or territory legislation or by clause 18. The meal allowance in clause 14.5 does not apply to additional hours worked under this sub-clause.


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11.2.7 A part-time team member’s contract hours may only be reduced under the following conditions:

(a) 2 weeks notice of such reduction is given to the team member concerned or, if the team member disagrees, 4 weeks notice is provided in lieu of 2 weeks;

(b) the maximum reduction in any anniversary year shall be 20% of the contract hours worked; and

(c) hours shall not be reduced below the minimums elsewhere stated in this Agreement.

A part-time team member whose hours have been reduced shall be given first opportunity to restore hours to the previous level when operational requirements permit.

11.2.8 Sub-clause 11.2.7 shall not apply to those part-time team members employed in Victoria as at 1 November, 1994. Where hours must be reduced in Victoria due to trading difficulties part-time team members will be offered the option of reduced hours or redundancy.

11.3 Casual Employment

11.3.1 A casual team member shall be hired by the hour to work when available to a maximum of 152 hours per 4 week cycle.

11.3.2 Subject to clause 13.11 and 13.12, the minimum daily engagement shall be 3 consecutive hours.

11.3.3 Except as provided in clauses 12, 14 and 16 for each hour worked, a casual will be paid the appropriate hourly rate plus 20% of the ordinary hourly rate.

11.3.4 Casual team members are not entitled to paid public holidays except where worked (clause 16), paid personal leave (clause 19), paid annual leave (clause 17), parental leave (except as provided in clause 24.15), blood donor leave (clause 22), leave of absence (sub-clause 23.3), defence forces leave (sub-clause 23.4), emergency services leave (sub-clause 23.2) and termination of employment (clause 11.5).

11.4 Limited Tenure Team Members

11.4.1 Kmart shall have the right to engage team members on a Limited Tenure basis as either full-time or part-time team members provided that such periods of Limited Tenure shall:

(a) not be less than one month provided that the minimum engagement may be one (1) week where the sole purpose is the replacement of a team member on annual leave or long service leave or an unpaid leave of absence; and

(b) not be more than 12 months’ duration; unless the limited tenure is to replace a team member who has taken parental leave in accordance with clause 24; and

(c) Run consecutively by agreement with the team member.


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A team member shall not be worked on consecutive Limited Tenure contracts for a period exceeding 12 months (unless the limited tenure is to replace a team member who has taken parental leave in accordance with clause 24).

A team member shall not be disadvantaged in respect to their personal leave entitlement by virtue of working consecutive limited tenure contracts.

11.4.2 Prior to commencement of a period of Limited Tenure, the team member shall be advised in writing of the nature of the work, the hours to be worked, the proposed weekly earnings and the commencing and ceasing dates of their Limited Tenure employment.

11.4.3 Limited tenure contracts for team members already in the employ of Kmart may be terminated in accordance with the ceasing date specified in the limited tenure contract or at an earlier time by the provision of 1 week’s notice by either party. An exception is where a team member was exclusively hired to carry out work under a limited tenure contract, in which event, the employment may be terminated in accordance with the ceasing date of employment specified in the limited tenure contract or at an earlier time by the provision by either party of notice in accordance with the provisions of sub-clause 11.5, Termination of Employment.

11.4.4 Limited Tenure employment shall be voluntary for existing team members and if applicable, the savings provision of this Agreement shall continue to apply.

11.4.5 A team member who accepts change to Limited Tenure shall not be disadvantaged in respect to their terms and conditions of employment.

11.4.6 Where Limited Tenure is offered and accepted by persons already in the employ of Kmart, those team members are not team members ‘engaged under a contract of employment for a specified period of time’ as referred to in s.386(2) of the Fair Work Act 2009.

11.4.7 Where a team member varies their employment contract to a Limited Tenure contract, such a team member shall, at the conclusion of the Limited Tenure period, revert to a position of employment which is no less advantageous to the team member than that which existed immediately prior to the Limited Tenure contract.

11.4.8 A temporary weekly team member shall receive all the benefits which apply to a weekly team member and shall be paid a proportionate annual leave entitlement at the time of termination.

11.5 Termination of Employment

11.5.1 Excluding casuals, in order to terminate the employment of a team member, except in cases of serious misconduct which will lead to summary dismissal, Kmart shall give to the team member the following notice period:


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Period of Continuous Service Period of Notice

Less than 1 year 1 week

1 year but less than 3 years 2 weeks

3 years but less than 5 years 3 weeks

5 years and over 4 weeks

Team members over 45 years with a minimum of 2 years’ service shall be entitled to one extra week’s notice.

11.5.2 For the purpose of this sub-clause continuous service shall be

calculated in accordance with clause 6.4 of this Agreement.

11.5.3 Payment in lieu of the notice prescribed as in sub-clause 11.5.1 shall be made if the appropriate notice period is not given.

11.5.4 Where Kmart has given notice to a team member of intended termination, the team member shall be allowed time off without loss of pay for a cumulative period of up to 8 hours for the purpose of seeking other employment. Such time off shall be taken at times that are convenient to the team member after consultation with their manager.

11.5.5 Where notice of termination is given by Kmart to a team member, it shall be given to the team member in writing. The written notice must specify, how much notice is being given and the date of termination. The date of termination specified in the written notice cannot pre-date the notice date. The notice shall also set out if the notice is to be worked, compensation paid in lieu or partly worked and compensation partly paid in lieu.

11.5.6 Payment in lieu of notice shall include all amounts the team member would have been entitled to for the hours the team member would have worked during the minimum notice period, including any applicable overtime, penalty rates and allowances.

11.5.7 Team Member Termination

(a) In the case of termination by a team member, other than a casual, the following minimum notice shall be given by the team member:

Period of Continuous Service Period of Notice

Probationary Team Member Not more than 1 year More than 1 year

None 1 week 2 weeks

(b) Where it is mutually agreed between the store manager and

the team member, notice of termination may be reduced to one week. If it is not mutually agreed then team members terminating are required to give the same period of notice as provided in clause 11.5.7(a).


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(c) At the team member’s request, and Kmart’s discretion, part or all of the period of notice may be waived by Kmart and the team member paid up to the date of termination.

(d) At Kmart’s discretion, payment in lieu of notice may be made by Kmart.

11.6 Probationary Period

11.6.1 Kmart may engage full-time and part-time team members on a probationary basis for a period not exceeding 3 months.

11.7 Certificate of Service

Kmart shall, upon receipt of a request from a team member, provide to the team member a written statement specifying the period of his or her employment and the classification of or the type of work performed by the team member.

11.8 Abandonment of Employment

Where a team member is absent from work for a continuous period exceeding three working days without the authorisation of Kmart and without reasonable cause, Kmart will provide in writing to the team member notification that failure to contact Kmart within seven working days with a satisfactory explanation for the absence will result in Kmart regarding the team member as having abandoned their employment and the company will consider the team member’s employment at an end.

11.9 Team Members Working at Multiple Locations (other than temporary transfers):

11.9.1 All team members will be engaged at a base store. Kmart may engage a team member to work at locations other than their base store without the payment of a travel allowance and/or travel time, provided that work on any one shift shall be performed in the one location.

11.9.2 When a part-time or casual team member works an additional shift under clause 13.11, the additional shift may also be worked at a different location without the payment of a travel allowance and/or travel time.

11.9.3 The work locations where the team member is prepared to work will be nominated by the team member at the commencement of employment and may include additional locations by agreement between Kmart and the team member. Team members engaged before the commencement of this Agreement may also agree to work at locations other than their base store provided the team member nominates the stores where they are prepared to work before the team member commences working in more than one location. Nominated stores must be within a 15km radius of the team member’s place of residence.

11.9.4 The base store and agreed additional work locations will be recorded in the team member’s employment records.


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11.9.5 Where a team member’s personal circumstances change, for reasons such as a change of address or travel arrangements, the team member may vary their nominated stores.

11.9.6 Where a permanent team member’s contracted hours increase as a result of accepting hours at additional locations and a team member varies their nominated locations or the team member no longer wishes to work at additional locations, the team member’s total contracted hours may reduce accordingly.

11.9.7 A team member may only nominate additional locations for the purpose of this clause if the additional locations are within a 15km radius of the team member’s place of residence.

11.9.8 This clause shall only operate from the time when Kmart has the operational capacity to administer the arrangement.

12. HOURS OF WORK

12.1 The span of ordinary hours for the beginning and ending of work shall be:

Day Time of Starting

Time of Finishing

Monday to Friday 6.00 am Midnight

Saturday 6.00 am 10.00 pm

Sunday (where legal to trade)

7.00 am 7.00 pm

Sunday permanently trading 24 hour stores (where legal to trade)

6.00 am 10.00 pm

Ordinary hours of work may be rostered on any day at any time. Where work is performed outside the above span of hours, the penalties outlined elsewhere in this clause shall apply.

Span of Hours Penalties Permanent

Penalties and Loadings

Casual

Monday to Friday 6 am to Midnight Nil 20%

Saturday 6 am to 8 pm Nil 20%

Saturday 8 pm to 10 pm 25% 45%

Sunday 7 am to 7 pm where legal to trade (this Sunday span of hours shall also apply during refurbishment programs as detailed below).

50% 70%

Sunday 6 am to 10 pm where legal to trade - permanent 24 hour stores only

50% 70%


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Span of Hours Penalties Permanent

Penalties and Loadings

Casual

Monday to Friday 12.01 am to 6 am 30% 50%

Saturday 12.01 am to 6 am and 10 pm to Midnight

50% 70%

Sunday 12.01 am to 7 am and 7 pm to Midnight

100% 120%

Sunday 12.01 am to 6 am and 10 pm to Midnight - permanent 24 hour stores only

100% 120%

Sunday 7 am to 7 pm where not legal to trade

100% 120%

12.2 Ordinary Hours - Refurbishment Stores

12.2.1 In stores where it is not legal to trade, the above 7am to 7pm period on a Sunday is only to be applicable during store refurbishments in the following circumstances:

(a) Refurbishment means involving a major capital expenditure and will not cover relays and other minor work in a store;

(b) Kmart must give one month’s written notice to the appropriate Branch of the SDA;

(c) it shall only apply for a set period of 8 weeks for a store; and

(d) work will be voluntary for all team members.

12.3 Escorts to Cars

12.3.1 Team members completing their shift at a late time (after dark) may:

(a) be encouraged to leave the store in the company of other team members to give an element of security through numbers;

(b) request an escort to their car after finishing work, regardless of (a).

12.3.2 A request from the team member as in (b) above, shall not unreasonably be refused by Kmart.

12.4 Attendance at Trade Nights

12.4.1 Team members may from time to time be offered opportunities to attend trade nights run by suppliers as a means of further enhancing their product knowledge. Attendance at trade nights however is voluntary and any decision to attend shall be at the discretion of the team member.

12.4.2 Due to the voluntary nature of attendance at trade nights, no payments and allowances shall apply.


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PART 4 – ROSTERING, BREAKS AND OVERTIME

13. ROSTER CONDITIONS

13.1 Days per 28 Day Roster Cycle – Full-time and Part-time Team Members

13.1.1 No full-time or part-time team member shall be rostered to work more than 20 days in any 28 day roster cycle, except in circumstances in accordance with clause 13.1.2 or 13.2.3.

13.1.2 All existing full-time team members currently working 19 days per 28 day roster cycle as at the date of lodgement of this Agreement shall retain their working cycle of 19 days per 28 day roster cycle, unless they otherwise agree to work 20 days per 28 day roster cycle.

13.1.3 Where practicable, a full-time team member on a 19 day start shall be given the preference to take their non-working day in conjunction with annual leave or to move their non-working day so that it adjoins a period of annual leave.

13.1.4 No full-time team member shall be engaged on more than one shift per day.

13.2 Days per Week – All Team Members

13.2.1 Subject to 13.2.3 full-time and part-time team members rostered hours shall be worked on not more than 5 days in each week, provided that rostered hours may be worked on 6 days in one week if in the following week rostered hours are worked on not more than 4 days.

13.2.2 A casual team member shall work a maximum of 5 days in any week unless by agreement, a team member is willing to work 6 days.

13.2.3 A part-time team member may work up to 6 days in each week by mutual agreement, provided the team member makes a request to do so in writing. A team member working up to 6 days in a week must be rostered at least two consecutive days off in each fortnight. A team member having made a request to work up to 6 days in a week may withdraw from this arrangement at any time.

13.3 Consecutive Days Off - Full-time, Part-time and Casual Team Members

13.3.1 Full-time and part-time team members (subject to 13.2.3) shall be given at least two consecutive days off in each week, or three consecutive days off in a fortnight with another day off that stands alone.

13.3.2 Rostered hours for full-time, part-time and casual team members shall be worked on not more than 6 consecutive days, however a casual employee may be rostered to work more than 6 consecutive days provided that the team member has made a written request to Kmart.


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13.3.3 The requirement in sub-clause 13.2.1 for two consecutive days off each week (or 3 in a fortnight) does not apply where Kmart makes a change to an employee’s regular roster and this requirement cannot be met in the week or fortnight at the time of the roster change.

13.4 Sundays – Full-time and Part-time Team Members

13.4.1 In shops which can lawfully trade on a Sunday, full-time and part-time team members may be asked to work a maximum of 3 Sundays in 4 unless otherwise agreed, provided that on the Sunday they do not work they receive a three day break including Saturday. By agreement between Kmart and the team member, a team member may work 4 Sundays in a 4 week cycle.

13.5 Maximum Weekly Hours – All Team Members

13.5.1 The maximum hours a team member may be rostered to work in any week shall be 48 hours for a full-time team member and 38 hours for a part-time team member except as provided in clause 13.5.4.

13.5.2 A full-time team member’s roster shall provide for 152 hours over 4 weeks with an average of 38 hours per week except as provided in clause 13.1.2.

13.5.3 A part-time team member’s maximum ordinary hours worked shall be 144 averaged over a 4 week cycle except as provided in clause 13.5.4.

13.5.4 During Key Operational Periods, a part-time team member’s ordinary hours may be increased up to 48 hours in any one week and to a maximum of 152 hours in the appropriate four week cycle.

13.5.5 A casual team member’s ordinary hours shall not exceed 38 hours in any week, excepting during the Key Operational Periods where a casual team member may work a maximum of 48 hours in any week to a maximum of 152 hours in a 4 week cycle.

13.6 Hours per Shift – All Team Members

13.6.1 A team member may be rostered to work up to a maximum of 9 hours on any day provided that a team member may be rostered up to a maximum of 10.5 hours on not more than one day in a week.

13.6.2 At the team member’s request and with agreement by Kmart, a team member may be rostered to work up to a maximum of 10.5 hours on more than one day in any week.

13.6.3 The above daily maximums shall be exclusive of meal breaks.

13.7 Break between Shifts – All Team Members

13.7.1 A 10 hour break will be observed between the completion of work (including overtime) on one shift and the commencement of work (including overtime) on the next shift.


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13.8 Rosters – Full-time and Part-time Team Members

13.8.1 Rosters shall be set on a regular basis and may be changed by 7 days’ written notice or at shorter notice by mutual consent. Should a team member disagree with any roster change they shall be provided with a minimum 14 days’ written notice in lieu of the 7 days. As far as practicable, rosters shall be set by mutual agreement.

13.8.2 Subject to sub-clause 13.8.1 a team member shall be provided with a regular roster, which will not be subject to frequent variations from one cycle to another.

13.8.3 A team member’s roster may not be changed with the intent of avoiding payment of penalties, loadings or other benefits applicable. Should such circumstances arise the team member shall be entitled to such penalty, loading or benefit as if the roster had not been changed.

13.8.4 When establishing or changing rosters, Kmart shall take into consideration the family responsibilities and the safe transport home of the team member. Family responsibilities in relation to a team member means the responsibilities of the team member to care for or support a dependent child of the team member or any other immediate family member who is in need of care and support. Immediate family is defined in clause 19 of this Agreement.

13.8.5 A part-time tea member shall be given stability in their regular roster pattern over 4 week cycles and shall not be subject to constant roster changes in successive cycles.

13.8.6 Subject to the provisions of sub-clause 13.8 roster changes, including one off roster changes can occur at any time by mutual agreement.

13.8.7 Where a team member works in a 24-hour trade store and is rostered to work at the time clocks are wound forward for daylight savings the team member will work an additional 1 hour after their rostered finishing time. Where a team member is rostered to work at the time the clocks are wound back for daylight savings, a team member will finish 1hour earlier than their rostered finishing time. A team member is only entitled to be paid for hours actually worked.

13.9 Registers – All Team Members

13.9.1 A team member who is rostered to work on registers for more than 8 hours on any one day shall upon notice to Kmart at least 48 hours prior, be provided with alternative duties so that the total time spent on registers shall not exceed 8 hours in any one day.


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13.10 Flexible Rosters for Full-time Team Members on 19 Day Starts (employed prior to lodgement of the Kmart Ltd. National Agreement 2006)

13.10.1 On a voluntary basis, a full-time team member on a 19 day start may transfer their non-working day from the four week roster cycle during the Christmas Key Operational Period, provided that the non-working day is then taken at a time the team member nominates either in the 4 week roster cycle prior to or post the 4 week Christmas operational period.

Where Kmart wishes the team member to transfer their non-working day, it will discuss this with the team member and the team member shall respond no later than 30 November in that year.

This election shall then apply for the Christmas trading period. Only one non-working day can be transferred under this clause.

13.10.2 A team member may elect to work 160 hours over 20 starts per 4 week cycle for a period of 5 consecutive roster cycles and accumulate 5 days to be taken as a week off or added to a period of annual leave.

Such requests shall be in writing and the application is to be made by the team member as part of the leave application process adopted by Kmart. Provided that the hours in excess of 152 hours over the 4 week roster cycles up to 160 hours shall be paid at the ordinary time rate of pay at the time the accrued week is taken. Where the 5 days are adjoined to a period of annual leave, the 5 days shall not attract the annual leave loading with respect to these days.

In this sub-clause the Christmas Key Operational Period shall mean the three weeks prior to Christmas and the one-week after Christmas.

13.11 Additional Shifts – Part-time and Casual Team Members

13.11.1 Part-time and casual team members may be engaged on an additional shift commencing in any 24-hour period provided that:

(a) There are no more than two engagements commencing in any 24-hour period a minimum of 3 hours’ work shall apply for the original rostered shift and 2 hours for the additional shift.

(b) A minimum break of not less than two hours shall apply between the original shift and the additional shift;

(c) The maximum hours of work per day as prescribed within this Agreement shall apply;

(d) For part-time team members, the additional shift of work shall attract the 15% flex up loading;


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(e) Where a second engagement occurs in any 24-hour period, a 10 hour break will be observed between the cessation of work on that second shift and the commencement of the next shift; and

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

(g) An additional shift worked in accordance with this sub-clause does not constitute an additional start when calculating the maximum number of starts permitted by this Agreement.

13.12 Shorter Shifts for Training Activities - Part-time and Casual Team Members

13.12.1 For the purposes of designated training activities as advised to the Union, part-time and casual team members may be engaged with a minimum of 2 consecutive hours per day on a maximum of 6 occasions per calendar year. Such hours shall not be used as a split shift. Attendance at such training sessions shall be voluntary.

13.13 Casual Rostered Hours Not To Be Reduced After Travel to Work Commences

13.13.1 A casual team member who has been rostered to work a specified number of hours on a day and whose hours are reduced, other than by the initiation of the team member, shall be paid for the full number of hours specified.

13.13.2 Sub-clause 13.13.1 does not apply in circumstances where:

(a) the casual team member has been notified before commencing to travel to work that there is a reduction in the hours required to be worked; or

(b) the casual team member has otherwise, at anytime, agreed to a reduction in hours; or

(c) the casual team member does not attend work on a particular day or otherwise ceases working before the rostered end time for reasons other than Kmart seeking to reduce the casual team member’s rostered hours.

13.13.3 For the circumstances listed in Sub-clause 13.13.2, the casual team member will only be paid for the actual hours worked.

14. OVERTIME

14.1 Kmart may require a team member to work reasonable overtime at appropriate overtime rates other than on a public holiday and subject to the savings provisions in this Agreement.

14.2 A team member shall be entitled to the payment of overtime when:


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(a) A permanent team member is required to work before or after their rostered shift, except for a part-time team member who has been offered and has accepted additional hours of work in accordance with sub-clauses 11.2.6 and 13.11.

(b) A full-time team member works in excess of 48 hours in any week or in excess of 152 hours in any 4 week cycle provided that a team member who works 160 hours in accordance with the provisions contained within sub-clause 13.10.2, overtime shall not apply until the team member works in excess of 160 hours in any 4 week cycle.

(c) A part-time team member works in excess of 38 hours in any week or in excess of 144 hours in any 4 week cycle, except during Key Operational Periods where a part-time team member’s ordinary hours, may be increased up to 48 hours in any one week and to a maximum of 152 hours in the appropriate four week cycle.

(d) A casual team member works in excess of 38 hours in any week except during Key Operational Periods where a casual team member works in excess of 48 hours in any week or at any time in excess of 152 hours over a 4 week cycle.

(e) A team member works in excess of 5 days in any week (or in excess of 6 days in accordance with sub-clause 13.2.3).

(f) A full-time or part-time team member is required to work a non-rostered shift (except for either the circumstances provided for in sub-clause 13.8.1 or for a part-time team member who has been offered and has accepted additional hours of work in accordance with sub-clauses 11.2.6 and 13.11).

(g) A full-time team member works in excess of 20 days in any 4 week cycle excepting in circumstances in accordance with sub-clause 13.1.2 or for existing full-time team members who work in excess of 19 days in any 4 week cycle in accordance with sub-clauses 13.1.2 and 13.10.2.

(h) A part-time team member works in excess of 20 days in any 4 week cycle, (unless the team member has agreed to work up to 6 days in accordance with sub-clause 13.2.3, in which case the team member works in excess of 22 days in a 4-week cycle.)

(i) A team member works in excess of 9 hours (excluding meal breaks) on any shift, provided that a team member may work up to 10.5 hours in accordance with sub-clause 13.6 without the payment of overtime.

14.3 Overtime shall be Paid at the Following Rates

(a) Monday to Saturday:

Full-time, part-time and casual team members - first 2 hours 150% and 200% thereafter

(b) Sunday:

Full-time, part-time and casual team members - 200%


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(c) Public Holiday:

Full-time, part-time and casual team members - 250%

(d) Each day shall stand alone, i.e. overtime shall be treated on a daily basis and shall be non-cumulative.

(e) The minimum engagement for a period of overtime as a separate shift shall be 3 hours for all team members.

14.4 Time Off In Lieu of Overtime

By agreement with Kmart a team member may elect to take time off in lieu of overtime provided:

(a) any such agreement is in writing;

(b) the time off shall be calculated at the overtime equivalent;

(c) the team member shall be entitled to a fresh choice of payment or time off on each occasion overtime is worked;

(d) time off must be taken either 28 days prior to working the overtime or within 28 days after the working of the overtime, or shall be paid out. At the request of the team member, this may be extended to 56 days.

14.5 Meal Allowance

A team member required to work more than one hour of overtime after their rostered time of ending work, where less than 24 hours’ notice of such overtime has been given, shall be paid a meal allowance as described below. Where a team member is rostered to work an additional day as overtime and it continues for more than 5 hours, the team member shall be entitled to a meal allowance, except if they have received 24 hours’ notice of the requirement to work such overtime.

Meal allowance effective from the from the first pay period to commence on or after the dates shown below:

1/5/2012 1/11/2012 1/5/2013 1/11/2013 1/5/2014 1/11/2014 1/5/2015 1/11/2015

$12.76 $12.98 $13.20 $13.42 $13.64 $13.86 $14.08 $14.30

14.6 Where a team member has not been granted a minimum of ten hours between ending work in one day, including any overtime worked, and the commencement of work on the subsequent day, including any overtime worked, the team member shall be paid overtime until such time as a ten hour break is observed. The rate of overtime shall be time and one half for the first two hours and double time thereafter.

14.7 Reasonable Overtime

(a) Subject to clause 14.7(b), Kmart may require a team member to work reasonable overtime in accordance with the provisions of this clause.

(b) A team member may refuse to work overtime in circumstances where the working of such overtime would result in the team member working hours which are unreasonable having regard to:


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(i) any risk to team member health and safety;

(ii) the team member’s personal circumstances including any family responsibilities;

(iii) the needs of the workplace or enterprise;

(iv) the notice (if any) given by Kmart of the overtime and by the team member of his or her intention to refuse it; and

(v) any other relevant matter.

15. MEAL BREAKS AND TEA BREAKS

15.1 Unpaid Meal Break

15.1.1 No team member shall work for more than five hours continuously without an unpaid meal break.

15.1.2 Meal breaks shall be between 45 to 60 minutes. Meal breaks may be reduced to 30 minutes with the agreement of the team member.

15.1.3 Unless mutually agreed no meal break shall be given or taken within two (2) hours of the team member’s commencing time or within one (1) hour of the team member’s ceasing time.

15.1.4 Notwithstanding the meal break entitlement provided for in sub-clause 15.1.1 the following provision may apply on a voluntary basis to a team member working a shift of no more than 6 hours:

(a) A team member may request and with the consent of Kmart work up to 6 ordinary hours and forego the meal break until the shift is concluded. Such agreement will be recorded in writing.

(b) In cases where such an arrangement is entered into, the team member shall take their rest period at least 2 hours prior to concluding work.

(c) A team member may revoke their request to work up to 6 hours. At the end of 2 weeks’ notice, clause 15.1.1 above shall apply to that team member.

(d) This provision will not be used by Kmart to disadvantage team members who wish to work up to 6 hours with a meal break.

(e) Unpaid meal breaks do not count as hours worked by a team member. For example for the 38-hour week worked by a full-time team member the meal breaks required under this clause do not count as time worked towards the 38 hours.

15.2 Paid Meal Breaks 15.2.1 Instead of the unpaid meal break provided in clause 15.1, a team

member whose entitlement to a meal break in accordance with sub-clause 15.1.1 falls between the hours of midnight and 6.00am, shall be entitled to a paid meal break of 30 minutes.


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15.3 Paid Tea Breaks

15.3.1 One paid tea break of 15 minutes shall be provided when a team member works 4 hours or more.

An additional paid tea break of 15 minutes shall be provided when a team member works:

- 7 hours or more in Victoria, Tasmania, Queensland and Northern Territory

- More than 8 hours elsewhere

15.3.2 The 15 minute break is inclusive of all walking time to and from the tea room or any other location where a team member takes their paid tea break.

15.3.3 The taking of a tea break shall be at a time mutually agreed upon by the parties. If the work period includes a meal break, the tea break is to be granted in that portion of the work period which is greater. Unless mutually agreed no tea break falling within a work period of 3 hours or more shall be given or taken within one hour of the team members commencing or ceasing time or within one hour before or after any meal.

15.3.4 All tea breaks shall be deemed as time worked.

15.3.5 When a team member is working an additional shift in accordance with sub-clause 13.11, each shift of work on the day shall be treated separately towards the granting of a tea break in accordance with this clause. That is, the total hours of the two shifts of work (the rostered and the additional shifts) shall not serve to determine the granting of paid tea breaks.


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PART 5 – LEAVE AND PUBLIC HOLIDAYS

16. PUBLIC HOLIDAYS

16.1 General Public Holidays

A team member, other than a casual shall be entitled, without loss of pay, to Public Holidays as observed in each State or Territory as follows:

New Years Day

Australia Day

Good Friday

Easter Saturday (except Tasmania)

Easter Monday

Anzac Day

Queens Birthday (Birthday of Sovereign)

Labour Day (8 Hour Day)

Christmas Day

Boxing Day (Proclamation Day)

16.2 State and Territory Public Holidays

The following days shall be taken in addition to the days named above or in lieu of where stated:

Victoria - In addition, Melbourne Cup Day. Provided that where a local day is declared or prescribed in the locality outside the metropolitan area and Melbourne Cup Day is not declared or prescribed in the locality then the local day shall be taken as a Public Holiday in lieu of Melbourne Cup Day. Where two half local days are declared or prescribed in a locality outside the metropolitan area in lieu of Melbourne Cup Day and a team member is rostered to work both these days the team member may elect to take a single full-day public holiday on one of the half day public holidays (In such a case the employee has elected to substitute the other half day public holiday and no further entitlement applies) in lieu of the two half day public holidays.

Western Australia - in addition, Foundation Day.

Northern Territory - in addition, Picnic Day.

South Australia - in addition, Adelaide Cup Day.

Tasmania - 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).

New South Wales - the first Tuesday of November in any year. Such day shall be treated as an additional day off or pay in lieu. However work on this day shall not attract public holiday penalty rates.


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Australian Capital Territory - in addition, Canberra Day and Family & Community Day. Family & Community Day shall be treated as an additional day off or pay in lieu. However work on this day shall not attract public holiday penalty rates.

Queensland - in addition, Exhibition Day or the appropriate regional show day.

16.3 Additional Public Holidays

A team member, other than a casual, shall be entitled without loss of pay to an additional public holiday within a State or Territory or locality, when such Public Holiday is declared or prescribed by or under a law of a State or Territory to be observed generally within the State or Territory or a region of the State or Territory as a public holiday.

Where in a State or Territory, public holidays are declared or prescribed in addition to the days specified in sub-clauses 16.1 and 16.2, those days shall constitute additional public holidays for the purpose of this Agreement and work performed on such public holidays shall attract public holiday penalty rates.

Where in a locality, public holidays are declared or prescribed in addition to the days specified in sub-clauses 16.1 and 16.2, those days shall be treated as additional paid time off or pay in lieu, but work performed on these days shall not attract public holiday penalty rates. If declared or prescribed, this shall include Newcastle and the Northern Territory show days and Port Pirie Picnic Day.

16.4 Substitute Public Holidays

If a public holiday or part public holiday is substituted to another day or part day by a law of a State or Territory the substituted day or part day is a public holiday and the original day or part day is not a public holiday.

16.5 Christmas Day Loading Where Substitution Occurs

In the case of Christmas Day where substitution occurs, in accordance with sub-clause 16.4 (and 25 December has not otherwise been declared or prescribed a public holiday), work on the 25th December shall attract an additional loading of half a normal day’s wage for a full day’s work in addition to the Saturday/Sunday rate and the team member shall also be entitled to the benefits of the substituted Public Holiday.

16.6 Where a Store Does Not Open for Trade on a Public Holiday

Where a store does not open for trade on a Public Holiday, and a team member would have been rostered to work on such a day, they shall be entitled to the day off with pay for the hours normally rostered to work including any applicable penalties (excluding the public holiday penalty).

16.7 Where a Store Opens for Trade on a Public Holiday

Where a store opens for trade on a Public Holiday, team members who would normally be rostered to work on the Public Holiday, may elect to work the day or part thereof and shall be paid the public holiday penalty for time so worked. Provided that when a team member chooses not to work they shall be entitled to the day off with pay for the hours normally rostered to be


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worked including any applicable penalty (excluding the public holiday penalty).

16.8 Non Working Days

(a) A full-time team member whose non-working day falls on a Public Holiday, shall be paid by mutual agreement either:

(i) payment of an additional day’s wages; or

(ii) addition of one day to the team member’s annual holidays; or

(iii) another day may be allowed off with pay to the team member within twenty-eight days after the Public Holiday falls, or during the week prior to the Public Holiday. The additional day off shall be granted on the day before or after the Public Holiday or attached to other consecutive days off. At the election of the team member, the team member may take the day off with pay within fifty-six days after the public holiday falls instead of within twenty-eight days.

(b) For the purpose of sub-clause 16.8(a) (i), (ii), or (iii) for full-time team members working 19 days in a 4 week cycle, “day” shall mean 8 hours. Provided that where a full-time team member works 20 days in accordance with sub-clause 13.1.2, “day” shall mean 7.6 hours.

(c) A part-time team member shall be entitled to the provisions of sub-clause 16.8(a) (i), (ii) or (iii), where the team member is rostered so they do not work their ordinary hours on the same days each week (an alternating roster) and the public holiday falls on a day on which the team member works in any week of their roster cycle.

(d) A part-time team member shall be entitled to the provisions of sub-clause 16.8(a) (i), (ii) or (iii), where the team member is rostered to work 20 starts over a 4 week cycle or where the team member is contracted to work a minimum of 32 hours per week, and their non working day falls on a Public Holiday.

(e) For the purposes of sub-clause 16.8 (c) and (d) for part-time team members, “day” shall mean the average number of hours rostered per day for the part-time team member in the 4 week cycle prior to the public holiday.

(f) Where an additional day is declared or prescribed for the public holidays specified in sub-clauses 16.1, 16.2 and 16.3, the non-working day provisions above shall not apply to the additional public holiday.

16.9 Absences from Work

Kmart may require an employee who fails to attend for a rostered shift the day before and/or the day after a public holiday to provide documentary evidence in the form of a medical certificate or statutory declaration in accordance with clause 19.2.11.


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16.10 Voluntary Work

A team member cannot be required, but may elect to work on any Public Holiday as provided for in this clause.

16.11 Rates of Pay

(a) All full-time, part-time and casual team members working on a Public Holiday shall be paid at the rate of 250% of the ordinary hourly rate of pay prescribed in clause 7 Wages with a minimum payment as for 3 hours’ work.

(b) Provided that a team member working on a public holiday subject to sub-clauses 16.2 (the first Tuesday in November (NSW) and Family & Community Day (ACT), 16.3 and 16.6, shall be paid in accordance with sub-clauses 16.2 (the first Tuesday in November and ACT Family & Community Day), 16.3 and 16.6 of this clause.

(c) A team member may elect to take time in lieu of the rate specified in sub-clause 16.11(a) provided the following conditions are met:

(i) the time to be taken in lieu shall be agreed in writing before the team member makes the election. If agreement cannot be reached the team member is entitled to the rate of pay specified in 16.11(a);

(ii) the time in lieu shall be taken on the basis that a team member that works on a public holiday may take an equivalent number of hours off elsewhere as time in lieu, provided Kmart shall pay the team member 150% for the hours worked on the public holiday;

(iii) the team member shall be entitled to a fresh choice of payment at 250% or time off in lieu and payment of 150% on each occasion a public holiday is worked.

(iv) time off in lieu must be taken either 28 days prior to working the public holiday or within 28 days after the working of the public holiday, or shall be paid out. At the request of the team member, this may be extended to 56 days.

16.12 Half-Day Public Holidays

The following principles shall apply when an additional day is declared or prescribed as a public holiday and that day is a half-day public holiday (excluding circumstances in Victoria where a team member elects to take a single full day public holiday on one of the half day public holidays for Melbourne Cup Day in lieu of the two half-day public holidays in accordance with Clause 16.2).

For a holiday from noon onwards:

(a) A team member who is normally rostered only before noon then no benefit applies.

(b) A team member who is normally rostered only to work from or after 12 noon then the entire shift is a public holiday.


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(c) A team member who is normally rostered on a day shift then the part of the shift which occurs from 12 noon shall have the benefits of a public holiday apply.

(d) When a team member’s non working day occurs on a half public holiday then a benefit for that holiday in accordance with the principles contained within sub-clause 16.8 shall apply.

(e) If the half-day is a locality day then this provision shall apply in conjunction with the provisions of sub-clause 16.3 above.

Provided that similar principles will apply if a half-day holiday occurs in the morning.

16.13 New Years Eve and Christmas Eve (if not a public holiday)

Work after 6.00 p.m. on Christmas Eve and New Year’s Eve will be subject to the following provisions:

(a) Team members not wishing to work beyond 6pm shall advise Kmart at least 4 weeks prior to Christmas Eve or New Years Eve.

(b) Kmart shall then seek volunteer replacements.

(c) If insufficient volunteers are obtained then Kmart shall have the right to direct the working of a team member’s normal roster so that a reasonable staffing level is reached.

(d) In cases of permanently rostered staff not wanting to work at these times they shall be rostered to work on another day or time in the 4 week cycle as part of their ordinary rates of pay.

This sub clause does not apply where New Years Eve and/or Christmas Eve are public holidays.

16.14 Easter Sunday (if not a public holiday)

(a) In stores which are permitted to open, work on Easter Sunday shall be voluntary for Full-time and Part-time team members. Team members not wanting to work on this day shall be rostered to work their hours at some other time during the 2 or 4 week roster cycle and shall be paid the appropriate ordinary rate of pay.

Team members shall give Kmart at least 2 weeks’ notice if they do not wish to work on Easter Sunday.

(b) Permanent team members rostered to work in a store which is not permitted to open on Easter Sunday shall be given the day off with pay at the ordinary time earnings rate, exclusive of any penalty payment.

This sub clause does not apply where Easter Sunday is a public holiday.

16.15 Shifts worked over two days (Permanent Team Members):

(a) Where the majority of a team member’s rostered shift falls on a public holiday, the entire shift shall be regarded as the public holiday;


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(b) Where a team member is rostered for a shift with an equal number of hours on the public holiday and on the day before the public holiday the entire shift shall be treated as a public holiday;

(c) Where a team member is rostered for a shift with an equal number of hours on the public holiday and the day after the public holiday the entire shift shall be treated as a public holiday;

(d) Subject to sub-clause 16.15(e) if the minority of a shift falls on a public holiday the team member is entitled to have that part of the shift that falls on the public holiday treated as a public holiday (hours off without loss) and the remainder of the shift treated as a normal shift.

(e) If a team member works two consecutive shifts so that the first shift ends the morning of a public holiday and the next shifts commences on the same night; only one shift will be treated as the public holiday not both, i.e. the majority shift on the public holiday will then be the public holiday shift.

(f) If both shifts have equal hours on the public holiday and non-public holiday only one of the two shifts shall be a public holiday shift.

17. ANNUAL LEAVE

17.1 Period of Leave

For each year of continuous service:

(a) Full-time team members (other than shift workers) are entitled to 4 weeks of annual leave (152 hours); and

(b) Full-time shift workers* are entitled to 5 weeks of ann

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SDA New South Wales - Unions Work Australia... · OPERATIVE ON AND FROM 3 SEPTEMBER 2012 THROUGH TO 30 APRIL 2016. ... KMART AUSTRALIA LTD AGREEMENT 2012 4 4.4 To communicate and