Retail Agreement 2003

Transcription

1 Retail Agreement 2003

2 PART 1 -APPLICATION & OPERATION OF AGREEMENT 1.1 Title 1.2 Arrangement This Agreement shall be known as the Target Retail Agreement PART 1 -APPLICATION & OPERATION OF AGREEMENT Title Arrangement Scope & Parties Bound Duration Objectives Anti-Discrimination Savings Provisions 6 PART 2 - AGREEMENT FLEXIBILITY 10 PART 3 - COMMUNICATION, CONSULTATION & DISPUTE RESOLUTION Disputes Resolution Procedure Introduction of Change and Redundancy 11 PART 4 - EMPLOYER & EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIPS & RELATED ARRANGEMENTS Full-Time Employment Part-Time Employment Casual Employment Limited Tenure Probationary Period Termination of Employment Redundancy Statement of Employment Equal Employment Opportunity/Workplace Harassment Security Guidelines Dress and Presentation Standards 20 PART 5 - WAGES & RELATED MATTERS Rates of Pay and Classifications - Retail Employees Payment of Wages Superannuation Supported Wage Location Allowance 27 PART 6 - HOURS OF WORK, OVERTIME AND BREAKS Hours of Work Rostering Principles Unpaid Meal Break Paid Tea Breaks Overtime 32 Target - Retail Agreement Page 2

3 PART 7 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS Leave Entitlement Annual Leave Sick Leave Parental Leave Bereavement Leave Special Leave Blood Donor Leave Emergency Services Leave Defence Force Service Leave Jury Service Trade Union Training Leave Natural Disaster Leave Leave of Absence Public Holidays Long Service Leave 54 PART 8 - TRANSFERS, TRAVELLING & WORKING AWAY FROM USUAL PLACE OF WORK Transport Allowance Safe Transport Home Escorts to cars 55 PART 9 - TRAINING & RELATED MATTERS Retail Traineeships Attendance at Trade Nights 56 PART 10 - OCCUPATIONAL HEALTH &SAFETY EQUIPMENT, TOOLS & AMENITIES Occupational Health & Safety Accident Pay First Aid 60 PART 11 - AGREEMENT COMPLIANCE & UNION RELATED MATTERS Union Negotiation and Membership Union Delegates Paid Union Meetings Union Right of Entry Union Notice Board Posting of Agreement 62 APPENDIX A 63 APPENDIX B 67 APPENDIX C 70 Target - Retail Agreement Page 3

4 1.3 Scope & Parties Bound This Agreement shall be binding on, Target Australia Pty. Ltd. ( Target ) and the Shop, Distributive and Allied Employees Association ( Union ) in respect of Retail Employees, whether members of the Union or not, who are employed within stores trading as Target, Baby Target or Target Home ( Target Stores ), as well as offsite reserves throughout Australia. This Agreement will not apply to stores covered by the Target Country Retail Agreement 2002 as amended from time to time A Retail Employee means any employee working within Target stores as well as offsite reserves This Agreement shall not apply to; employees engaged in a job graded position; and employees who are promoted to such a position (or its equivalent) during the life of the Agreement This Agreement shall operate to the exclusion of all other Awards or Agreements This Agreement shall not apply to Retail Employees employed in north Queensland, who are employed under the Target Australia Pty Ltd Certified Agreement dated 7 February 1995, or any subsequent Agreement made between Target and the Australian Workers Union in relation to northern Queensland. 1.4 Duration This Agreement shall operate from the date of certification and shall remain in force until 31 January The Agreement may be varied by mutual consent of the parties during its period of operation There shall be no extra claims during the life of this Agreement The wage increases in this Agreement are in lieu of any general National or State wage increases that may be granted by the Australian Industrial Relations Commission ( AIRC ) or State Industrial Tribunals during the life of this Agreement. 1.5 Objectives The objective of this Agreement is to ensure that Target is a highly competitive retailer excelling in employee relations, safety and welfare, quality, productivity, flexibility, communication and commitment so that Target is the preferred employer in the retail industry. Target - Retail Agreement Page 4

5 This shall be achieved by: Enhancing productivity and efficiencies within the workplace. Continuing to create a flexible work environment which shall enable employees to work to the limits of their skills and capabilities. (c) (d) Continuing to communicate and consult with employees encouraging them to participate and become involved in matters that have an impact on their environment and positions within the organisation. Constantly seeking improvement in customer service, safety and welfare, quality or efficiency. (e) Providing stable and secure employment for all employees with the objective of both minimal turnover and long term employment. (f) (g) 1.6 Anti-Discrimination Developing a culture that focuses on commitment and trust whilst working towards shared goals and objectives. Providing a healthy, safe and harmonious working environment. (h) Positive Union representation that shall contribute to the interest of employees and the efficiency of Target It is the intention of Target and the Union to assist in the achievement of Section 3 (j) of the Workplace Relations Act, 1996 (Cth), by respecting and valuing diversity of the workforce helping to prevent and eliminate discrimination on the basis of; race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin Accordingly in fulfilling their obligations under the Dispute Resolution Procedure in sub-clause 3.1, Target and the Union shall make every reasonable endeavour to ensure that the Agreement provisions and operation are neither directly or indirectly discriminatory in their effects Nothing in sub-clause 1.6 is to be taken to affect: any different treatment(or treatment having different effects) which is not unlawful under Commonwealth or State anti-discrimination legislation; the payment of different wages for employees who have not reached a particular age, unless proscribed by legislation; and (c) an employee, Company or registered organisation pursuing matters of discrimination in any State or Federal jurisdiction including by application to the Human Rights and Equal Opportunity Commission. Target - Retail Agreement Page 5

6 1.7 Savings Provisions Employees covered by the savings provisions specified in the Target Australia Pty Ltd Award 2002, shall continue to enjoy the protection offered under those savings provisions, if applicable, in addition to the provisions outlined in subclause Sunday Work for Existing Employees Where employees engaged prior to 1 August 1994 were protected from working Sundays under their previous awards in NSW and QLD, it shall remain voluntary for those employees to be rostered to work on Sundays. (c) In WA, SA, TAS, ACT, and for the Victorian Bourke Street store, it shall remain voluntary for all employees employed in Target stores prior to 1 August 1994 to be rostered on Sundays. Subject to sub-clause 1.7.2, in Victoria, it shall remain voluntary for all employees employed in Target stores prior to 1 November 1994 to be rostered to work on Sundays. (d) For employees working in Target stores where Sunday trading is legalised after 1 August 1997, and to whom the savings provisions in sub-clauses and (c) do not apply, Sunday work shall also be voluntary. (e) (f) (g) (h) (i) Sunday work shall not be voluntary for new employees engaged in a Target store after Sunday trading is legalised. Where an employee protected under sub-clauses 1.7.2,, (c) and (d) transfers at his/her own request from a store where Sunday trading is not lawful to a Target store where Sunday trading is lawful, the employee shall not have the right to refuse work on Sundays at the new store. Where an employee protected under sub-clauses 1.7.2,, (c) and (d) transfers at Targets request to a store where Sunday trading is lawful, the employee shall retain the right to refuse to work on Sundays at the new store. An employee protected under sub-clauses 1.7.2,, (c) and (d) 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 employee s right to refuse to work on Sundays would remain unimpaired. Subject to sub-clause (j), Retail Employees who were engaged in the ACT prior to Sunday 9 June 1996 and who were regularly rostered to work on a Sunday between 9 June 1996 and 6 September 1996, shall have the double time overtime hourly rate of pay which applied at this time under the Target Australia Pty Ltd Award 1994 ( Saved Rate ) preserved, whilst continuing to work such hours, until the applicable Sunday ordinary hourly rate of pay specified by this Agreement for the same hours, equals or exceeds the Saved Rate. Target - Retail Agreement Page 6

7 (j) (k) Target Retail Agreement 2003 Where hours worked on a Sunday are paid at the Saved Rate, such hours shall not be taken into account when calculating leave entitlements. Provided that where an employee protected under sub-clause (i) is unable to work on 4 consecutive Sundays without good reason, such protection shall no longer apply. Target reserves the right to offer Retail Employees protected under subclause (i) work on Sundays or to withhold the offer on a week to week basis, according to the needs of the business. Provided that Target undertakes to ensure that the offer of Sunday work will not be withheld from such protected Retail Employees in an endeavour to avoid payment of the Saved Rate Saturday late night penalty Employees who were engaged prior to 1 August 1997, and who were regularly rostered to work ordinary hours between 6p.m. and 8p.m. on a Saturday evening, shall have the higher penalty provision applied under the Target Australia Pty Ltd Award 1994 preserved, whilst continuing to work such hours, until the applicable weekly rate of pay specified by this Agreement for the same roster, equals or exceeds the weekly rate of pay under the Target Australia Pty Ltd Award 1994 as at 31 July Weeknight late evening work Employees who were engaged prior to 1 August 1997, and who were regularly rostered to work between 10 p.m. and midnight on any night between Monday to Friday, shall have the overtime rate of pay which applied as at 31 July 1997 under the Target Australia Pty Ltd Award 1994 preserved, whilst continuing to work such hours, until the applicable weekly rate of pay specified by this Agreement for the same roster, equals or exceeds the weekly rate of pay under the Target Australia Pty Ltd Award 1994 as at 31 July Transferring from Target to Baby Target Where an employee transfers from a store trading as Target, to a store trading as Baby Target, at the company s request and the employee is protected by one or more of the savings provisions in this Agreement, the employee shall continue to enjoy the protection offered under those savings provisions, where applicable. Subject to sub-clauses (c) and (d), where an employee transfers from a store trading as Target, to a store trading as Baby Target, at their own request (including when applying for a transfer or for an advertised vacancy), the conditions applicable to the new position will be clearly explained and provided in writing to the employee. Under these circumstances the savings provisions in sub-clause to shall not apply. If such an employee Target - Retail Agreement Page 7

8 can demonstrate they were not aware of the changes to their terms and conditions, the employee shall continue to enjoy the protection referred to in sub-clause, where applicable. (c) (d) Where an employee transfers from a store trading as Target, to a store trading as Baby Target, either at their own request, or at the company s request, the Level 1 Entry Level rate of pay shall not apply. Where a full-time employee transfers from a store trading as Target, to a store trading as Baby Target, at the company s request, the employee shall not be rostered to work more than 19 days in any 28 day roster cycle Additional Savings Provisions (c) (d) (e) (f) Working between the hours of 12 midnight to 6.00 a.m. on weekdays (including 12 midnight Sunday to 6a.m. Monday), 12 midnight Friday to 6.00a.m. Saturday, 10p.m. Saturday to 8a.m. Sunday and 6p.m. Sunday to 6a.m. Monday will be voluntary for all employees engaged prior to 26 April Where an employee, prior to 26 April 2001, was regularly rostered to work overtime at a time that under the new span of hours will attract a penalty, the employee will have the difference between the penalty and the overtime preserved as a flat dollar amount. The preserved amount will be subject to absorption as the rates of pay increase under this Agreement. Where a store commences permanent 24 hour trading during the life of the Agreement, employees engaged prior to the commencement of the permanent 24 hour trading, and who were regularly rostered to work overtime between 6a.m. 7a.m. and/or 7p.m. 10p.m. on Sundays, will have the difference between the penalty and the overtime preserved as a flat dollar amount. The preserved amount will be subject to absorption as the rates of pay increase under this Agreement. Where permanent 24 hour trading is introduced in a Store during the life of this Agreement, employees engaged prior to the change to 24 hour trading will not be required to work beyond the span of hours 7a.m. 7p.m. Sunday. Work between the hours of 5.00am and 6.00am will be voluntary for: (ii) (ii) full and part-time employees engaged prior to the commencement of this Agreement; and casual employees engaged prior to the commencement of this Agreement who work in morning fill teams on a regular basis. In the event that the Company requires the fill work to commence between 5.00am and 6.00am and this is declined by the casual employee, the Company will then make all reasonable efforts to provide the existing number of hours at a time which is mutually agreeable and meets the operational requirements of the business. Any employee who was regularly rostered to work overtime between 5.00am and 6.00am within their roster cycle in the six months prior to the commencement of this Agreement will have their overtime rate preserved as a flat dollar amount. The preserved amount will be subject to absorption as the rates of pay increase under this Agreement. Target - Retail Agreement Page 8

9 (g) Employees in NSW and ACT currently receiving a laundry allowance for garments requiring ironing prior to the commencement of this Agreement will have their allowance preserved as follows: $7.73 per week for full-time employees $2.57 per garment, to a maximum of $7.73 per week for part-time and casual employees These preserved amounts will be subject to absorption as the laundry allowance increases in Appendix C. Target - Retail Agreement Page 9

10 PART 2 - AGREEMENT FLEXIBILITY No provisions Target - Retail Agreement Page 10

11 PART 3 COMMUNICATION, CONSULTATION & DISPUTE RESOLUTION 3.1 Disputes Resolution Procedure The parties recognise the need to quickly resolve any grievance arising out of this Agreement. Work will continue in accordance with the practices existing prior to the matter in dispute arising or other agreed arrangements, subject to health and safety considerations, whilst the disputes procedure is in process. No party shall be prejudiced as to the final settlement by the continuance or deferment of work in accordance with this clause The Employee and Immediate Supervisor In the event of any employee expressing a grievance or request, they shall raise and discuss the matter with their immediate Supervisor. The Supervisor shall endeavour to resolve the matter as quickly as possible. If an employee has a problem with discussing a matter with their supervisor they may proceed immediately to the next stage The Employee and Immediate Manager If the matter is not resolved with the Supervisor, either the Supervisor or employee may refer the matter to the Department Manager. The employee may be supported in their discussions by their Company Union Delegate and/or Union organiser if desired The Employee and the State Human Resources Manager Should the matter remain unresolved, the employee, Union Delegate and/or Union organiser and Department Manager will refer the matter to the Human Resources Officer/ Manager for discussion. A Union organiser may become involved if so requested by the employee The Employee and the General Manager - Human Resources AIRC Should the matter continue the Human Resources Manager shall inform the General Manager - Human Resources of the matter. The General Manager - Human Resources will endeavour to resolve the dispute by consulting with the relevant parties. If the matter cannot be resolved by this stage, it may be referred to the Australian Industrial Relations Commission (AIRC) for conciliation and where necessary, arbitration. 3.2 Introduction of Change and Redundancy Target - Retail Agreement Page 11

12 3.2.1 Notification Discussion Where Target has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, as defined in sub-clause 3.2.1, Target shall notify the employees who may be affected by the proposed changes and the Union. Significant effects include termination of employment, major change in the composition, operation or size of Target s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the Agreement makes provision for alteration of any of the matters referred to in this sub-clause; an alteration shall be deemed not to have significant effect. Target shall discuss with the employees affected and the Union, matters including: (i) (ii) (iii) (iv) the introduction of changes referred to in sub-clause 3.2.1; the effects the changes are likely to have on employees; measures to avert or mitigate the adverse effects of such changes on employees; and shall give prompt consideration to matters raised by the employees and the Union in relation to the changes. The discussions shall commence as early as practicable after a definite decision has been made by Target to make the changes referred to in subclause (c) For the purposes of such discussion, Target shall provide in writing to the employee concerned and the Union, all relevant information about the changes including: (i) the nature of the changes proposed; (ii) the expected effects of the changes on employees; and (iii) any other matters likely to affect employees. Provided that Target shall not be required to disclose confidential information, the disclosure of which would be harmful to Target's interests. Target - Retail Agreement Page 12

13 PART 4 EMPLOYER & EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIPS & RELATED ARRANGEMENTS 4.1 Full-Time Employment A full-time Retail Employee shall be hired by the week to work 152 hours over a 4 week cycle The minimum daily engagement is 4 hours A full-time employee who is ready, willing and available to work the number of hours prescribed in sub-clause as a week's work shall be paid the full weekly wage specified in clause Part-Time Employment Subject to sub-clause 4.2.2, a part-time Retail Employee shall be hired by the week to work an agreed contract number of hours between a minimum of 36 hours and a maximum of 144 hours over a 4 week cycle For stores trading as Baby Target only, where a part-time Retail Employee is contracted to work 1 start per week over a 4 week cycle, a minimum of 20 hours per cycle shall apply The minimum daily engagement is 3 hours A part-time employee shall be paid the rates of pay specified in clause 5.1 on a pro-rata basis A part time employee's hours may be increased within the span of ordinary hours in clause 6.1 and clause on a temporary basis during any 4 week cycle, provided; (i) (ii) the employee agrees; and the total hours do not exceed the maximum hours prescribed elsewhere in this Agreement. The additional hours worked shall be paid at ordinary time plus 15%. Provided that additional hours worked on Saturday after 8.00p.m. shall be paid at ordinary time plus 40% and on Sunday at ordinary time plus 65%. Any extra hours paid with a loading on this basis shall not be taken into account when calculating leave entitlements A part-time employee s contract hours may be reduced by up to a maximum quantum of 20% per anniversary year, provided that; 2 weeks notice of such reduction is given to the employee concerned or, if the employee disagrees, 4 weeks notice is provided in lieu of 2 weeks; and Target - Retail Agreement Page 13

14 hours are not reduced below the minimum as prescribed in sub-clauses and in this Agreement. A part-time employee, whose hours have been reduced, in accordance with sub-clause 4.2.6, shall be provided with the opportunity to increase their hours as business needs allow and shall have preference to increase hours ahead of other current part-time, new part-time employees or casual employees Sub-clause shall not apply to those part-time employees employed with Target in Victoria prior to 1 st November Where hours must be reduced due to trading difficulties these part-time employees shall be offered the option of reduced hours or redundancy. This sub-clause does not apply to stores trading as Baby Target An employee shall be engaged, by mutual agreement, for an additional shift each day in accordance with clause Casual Employment A casual employee shall be hired by the hour to work when available and as required by Target for less than the prescribed number of ordinary hours for a full-time employee Subject to sub-clause 4.3.3, a casual employee shall be engaged for a minimum period of 3 hours on each occasion required In Western Australia, South Australia and Tasmania a casual employee may be engaged for a minimum of 2 hours on each occasion required between 4.00p.m. and 6.30p.m. Monday to Friday Provided that when trading hours in Western Australia, South Australia, and Tasmania are extended to 9.00p.m. Monday to Friday, the minimum engagement shall revert to 3 hours in that State, but where individual stores in the above mentioned States are able to trade to 9.00p.m. Monday to Friday, a minimum engagement of 3 hours shall apply Except as provided in sub-clause 6.1 (Hours of Work), sub-clause 7.14 (Public Holidays) and sub-clause 6.5 (Overtime), for each hour worked, a casual shall be paid the appropriate hourly rate plus 20% of the ordinary hourly rate Casual employees shall not be entitled to receive payment for the following: Annual leave (sub-clause 7.2); Sick leave (sub-clause 7.3); Bereavement leave (sub-clause 7.5); Special leave (sub-clauses 7.6); Blood donor leave (sub-clause 7.7); Emergency services leave (sub-clause 7.8); Defence force service leave (sub-clause 7.9); Target - Retail Agreement Page 14

15 Jury Service (sub-clause 7.10); Natural disaster leave(sub-clause 7.12); Leave of absence (sub-clause 7.13); and Public holidays except where worked (sub-clause 7.14) An employee shall be engaged, by mutual agreement, for an additional shift each day in accordance with clause For the purposes of designated training activities as advised to the Union, casuals may be engaged with a minimum of 2 consecutive hours per day on a maximum of 6 occasions per calendar year. Attendance at such training sessions shall be voluntary. 4.4 Limited Tenure The Company shall have the right to engage employees on a Limited Tenure basis as either full-time or part-time employees provided that such periods of Limited Tenure shall: (c) not be less than one month, provided that the minimum engagement may be 2 weeks where the sole purpose is the replacement of an employee on Annual Leave; not be more than 12 month s duration, except where the sole purpose is the replacement of an employee on Parental Leave; and not run consecutively but may be extended by agreement with the employee provided that it shall not exceed the maximum periods provided for in subclause of this clause Prior to commencement of a period of Limited Tenure, the employee shall be advised in writing of the nature of the work, the hours to be worked, the proposed weekly earnings and the commencing and ceasing dates of their Limited Tenure employment Limited Tenure employment may be terminated by either party in accordance with the provisions of Clauses 3.2 Introduction of Change and Redundancy and 4.6 Termination of Employment Limited Tenure employment shall be voluntary. Existing employees, who at the time of making this Agreement, are covered by savings provisions contained in this Agreement shall continue to be entitled to such savings provisions whilst engaged on Limited Tenure An employee who accepts a change to Limited Tenure shall not be disadvantaged in respect to their terms and conditions of employment Where Limited Tenure is offered and accepted by persons already in the employ of the Company, those employees shall not lose any rights they may have under Part VIA Division 3 of the Workplace Relations Act 1996 (Cth) (as amended). Target - Retail Agreement Page 15

16 4.4.7 Where an employee varies their employment contract to a Limited Tenure contract, such an employee shall, at the conclusion of the Limited Tenure period, revert to a position of employment which is no less advantageous to the employee than that which existed immediately prior to the Limited Tenure contract, including any voluntary work provisions that applied prior to the Limited Tenure contract. 4.5 Probationary Period Target may engage full-time and part-time employees on a probationary basis for a period not exceeding 3 months Probationary employment may be terminated with 1 days notice by either party during the above mentioned period. 4.6 Termination of Employment Subject to sub-clause and Target shall give the following notice period to terminate a Retail Employee. Period of Continuous Service Less than 1 year Period of Notice 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 Employees over 45 years with a minimum of 2 years service shall be entitled to one extra week's notice Sub-clause does not apply to casuals, nor does it restrict Target s discretion to summarily dismiss a Retail Employee for serious misconduct Payment in lieu of the notice prescribed in sub-clause shall be made if the appropriate notice period is not given In the case of termination by a Retail Employee, other than a casual, the following minimum notice shall be given by the employee, Period of continuous service Less than 1 year Period of Notice 1 week 1 year or more 2 weeks Subject to the relevant State or Territory Long Service Leave legislation, if a Retail Employee fails to give notice in accordance with clause 4.6.4, or to work out the full period of notice, Target shall have the right to withhold moneys due to the employee under this Agreement to a maximum amount equal to the ordinary time earnings for the period of notice required. Target - Retail Agreement Page 16

17 4.6.6 At the employee s request, and Target s discretion, part or all of the period of notice required by clause 4.6.4, may be waived by Target and the employee paid to the date of termination only Where Target has given notice to an employee of intended termination, the employee shall be allowed time off without loss of pay or 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 employee after consultation with their manager. 4.7 Redundancy Discussions before termination Where Target has made a definite decision that Target no longer wishes the job the Retail Employee has been doing to be done by anyone and this is not due to the ordinary and customary turnover of labour and that decision may lead to termination of employment, Target shall hold discussions with the Retail Employees directly affected and with the Union The discussions shall take place as soon as is practicable after Target has made a definite decision which shall invoke the provision of sub-clause and shall cover, among other things, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations of the employees concerned For the purposes of the discussion Target shall, as soon as practicable, provide in writing to the Retail Employees concerned and the Union, all relevant information about the proposed terminations including reasons for the proposed terminations, the number and categories of Retail Employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that Target shall not be required to disclose confidential information the disclosure of which would be inimical to the employer s interests. Transfer to lower paid duties Where an employee is transferred to lower paid duties for reasons set out in subclause the Retail Employee shall be entitled to the same period of notice of transfer as he/she would have been entitled to if his/her employment had been terminated, and Target may at the employer s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing. Transmission of business Where a business is before, on or after the date of certification of this Agreement, transmitted from an employer (in this sub-clause called the transmittor ) to another employer (in this sub-clause called the transmittee ) and an employee Target - Retail Agreement Page 17

18 who at the time of such transmission was an employee of the transmitter in that business becomes an employee of the transmittee: (i) the continuity of the employment of the employee shall be deemed not to have broken by reasons of such transmission; and (ii) the period of employment which the employee has had with the transmitter or any prior transmittee shall be deemed to be service of the employee with the transmittee In this sub-clause business includes trade, process, business or occupation and includes part of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning. Time off work during notice period During the period of notice of termination given by Target a Retail Employee shall be allowed up to one day s time off without loss of pay during each week of notice for the purpose of seeking other employment If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the Retail Employee shall, at Target s request, be required to produce proof of attendance at an interview or he/she shall not receive payment for the time absent. A statutory declaration shall be sufficient for this purpose. Notice to Commonwealth Employment Service Where a decision has been made to terminate employees in the circumstances outlined in sub-clause 4.7.1, Target shall notify the Commonwealth Employment Service as soon as possible giving relevant information including the number of categories of the employees likely to be affected and the period over which the terminations are intended to be carried out. Severance Pay In addition to the period of notice prescribed for ordinary termination in subclause of this Agreement a Retail Employee whose employment is terminated for reasons set out in sub-clause shall be entitled to the following amount of severance pay in respect of a continuous period of service. Target - Retail Agreement Page 18

19 Severance Pay - Severance Pay - Period of Continuous under 45 years of age 45 years of age Service And over Less than 1 year nil nil 1 year and less than 2 years 4 weeks 5 weeks 2 years and less than 3 years 7 weeks 8.75 weeks 3 years and less than 4 years 10 weeks 12.5 weeks 4 years and less than 5 years 12 weeks 15 weeks 5 years and less than 6 years 14 weeks 17.5 weeks 6 years and over 16 weeks 20 weeks (c) "Weeks' pay" means the ordinary time rate of pay for the Retail Employee concerned. Provided that the severance payments shall not exceed the amount which the Retail Employee would have earned if employment with Target had proceeded to the employee's normal retirement date. For the purpose of sub-clause , continuity of service shall be calculated in the manner prescribed by sub clause of this Agreement. Employee leaving during notice period A Retail Employee whose employment is terminated for reasons set out in subclause may terminate his/her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under sub-clause had he/she remained with Target until the expiry of such notice Provided that in such circumstances the Retail Employee shall not be entitled to payment in lieu of notice. Incapacity to pay In a particular redundancy case, Target may make application to the A.I.R.C. to have the severance pay prescribed in sub-clause varied on the basis of Target s incapacity to pay. Alternative employment In a particular case, Target may make application to the A.I.R.C. to have the severance pay prescribed in sub-clause varied if Target obtains acceptable alternative employment for a Retail Employee. Employees exempted Sub-clause 4.7 shall not apply where employment is terminated as a consequence of misconduct, in the case of casual employees, apprentices, or Retail Employees engaged for a specific period of time or for a specified task or tasks. Target - Retail Agreement Page 19

20 Employees with less than 1 year of service Sub-clause 4.7 shall not apply to Retail Employees with less than one year s continuous service and the general obligation on Target should be no more than to give relevant Retail Employees an indication of the impending redundancy at the first reasonable opportunity and to take such steps as may be reasonable to facilitate the obtaining by the Retail Employees of suitable alternative employment. 4.8 Statement of Employment Target shall, upon receipt of a request from a Retail Employee, provide to the employee a written statement specifying the period of his or her employment and the classification of or the type of work performed by the employee. 4.9 Equal Employment Opportunity/Workplace Harassment It is the intention of Target to comply with all relevant legislation to provide equal opportunity for every employee in all spheres of employment, and an environment in which employees may work without distress or interference caused by harassment, including sexual harassment Target also undertakes to periodically review a nationally applicable equal opportunity policy and grievance procedures, and a harassment policy (which includes sexual harassment) and grievance procedures, in conjunction with the Union It is the intention of Target to provide all employees a copy of each policy and appropriate training in the principles and procedures in relation to equal opportunity and sexual and other forms of harassment Target 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 employees covered by this Agreement Security Guidelines Target and the Union shall honour the terms of the Retail Security Guidelines as set out in Appendix B Dress and Presentation Standards Consistent with the objectives of this Agreement, the image of Target is an important responsibility borne by all employees. To this end, when at work employees shall be dressed in a neat, tidy and businesslike manner at all times. Target - Retail Agreement Page 20

21 Where employees agree to wear preferred dress, they shall at all times dress in accordance with Target s preferred dress policy as advised to employees from time to time Where an employee chooses not to wear preferred dress, and they are required to wear a uniform, such uniform shall be provided, maintained, and laundered by Target at Target s expense Where there is mutual agreement between Target and the employee that the employee shall launder such uniform, or where Target refuses, neglects or fails to launder the uniform, an allowance as prescribed in Appendix C shall apply in each stipulated State. Target - Retail Agreement Page 21

22 PART 5 - WAGES & RELATED MATTERS 5.1 Rates of Pay and Classifications - Retail Employees Retail Employees shall be paid in accordance with APPENDIX A. 5.2 Payment of Wages Wages shall be paid fortnightly in arrears into a bank account or building society account or credit union account nominated by the employee not later than Wednesday of the following pay cycle and not later than 4 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 full-time employees the wage paid fortnightly shall be calculated as an average of the wage for the 4 week roster cycle Where the pay cycle or the pay day is changed so that employees receive a smaller pay or a later pay at the point of change than they have been accustomed to receive, Target shall pay the relevant number of days' pay in advance. The advance payment shall be phased out at a rate which the individual employee elects over a maximum period of five months. Provided that an employee may elect to change to the new pay system immediately without an advance payment by Target A Retail Employee's payslip shall show a record of Annual Leave, Long Service Leave and Sick Leave Entitlements. 5.3 Superannuation The Company shall be and remain a participating employer of the Retail Employees Superannuation Trust (REST) and shall participate in accordance with the Fund Trust Deed The employer shall contribute monthly to REST on behalf of each eligible employee 9% of ordinary time earnings. An eligible employee is one who: - (i) (ii) Earns $450 or more in ordinary time earnings in any month; and In the case of an employee aged below 18 years, works at least 30 hours per week. Ordinary time earnings shall include the classification rate; any over-award payment; casual loadings; penalty rates; shift loadings and work related allowances that form part of the weekly rate of pay (for example, supervisory allowances). Target - Retail Agreement Page 22

23 It shall not include overtime; payment made to reimburse expenses (for example meal allowance, laundry allowance); or disability allowances The Company shall provide each employee upon commencement of employment with the appropriate membership application form(s) of REST and shall forward the completed form(s) to REST within 14 days of the employee returning completed forms to the Company (i) An employee may make personal contributions to REST in addition to those made by the Company. (ii) An employee who wishes to make such additional contributions must authorise the Company in writing to pay into the Fund, from the employee s wages, a specified amount in accordance with the REST Trust Deed and Rules. (iii) Upon receipt of written authorisation from the employee, the Company shall commence making monthly payments into the Fund on behalf of the employee following receipt of the authorisation. (iv) An employee may vary his or her additional contributions by a written authorisation and the Company shall alter the additional contributions within 14 days of receipt of the authorisation. (v) Additional employee contributions to REST requested under this sub-clause shall be expressed in whole dollars. (vi) The ability to opt in and out of the fund as provided within the Superannuation Guarantee (Administration) Act 1992 (as amended) and the applicable regulations shall not apply An existing employee at the commencement of this Agreement who was eligible for superannuation contributions paid under the Coles Myer Occupational Superannuation Award [Print K2517] shall continue to receive such contributions. 5.4 Supported Wage Workers eligible for a supported wage This clause defines the conditions which will apply to employees 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: 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. Accredited Assessor means a person accredited by the management unit established by the Commonwealth under the Supported Wage System to Target - Retail Agreement Page 23

24 perform assessments of an individual's productive capacity within the supported wage system. (c) (d) 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, (Cth), as amended from time to time, or any successor to that scheme. 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 Eligibility criteria (c) Retail Employees 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 employee 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. The sub-clause 5.4 does not apply to any existing employee who has a claim against Target which is subject to the provisions of workers compensation legislation or any provision of this Agreement relating to the rehabilitation of employees who are injured in the course of their current employment. Sub-clause 5.4 does not apply to employers in respect of their facility, program, undertaking service or the like which receives funding under the Disability Services Act 1986 ( ACT ) and fulfills the dual role of service provider and sheltered employer 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 Supported wage rates Subject to sub-clause 5.4.3, Retail Employees to whom sub-clause 5.4 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 ( Applicable Percentage ): Target - Retail Agreement Page 24

25 Assessed capacity rate [sub-clause 5.4.4] Percentage of prescribed award % % 10* (c) The minimum amount payable shall not be less than $56.00 per week. Where a Retail Employee s assessed capacity is 10%, they shall receive a high degree of assistance and support Assessment of capacity For the purpose of establishing the percentage of the Agreement rate to be paid to an employee pursuant to sub-clause the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either: Target and the Union, in consultation with the employee or, if desired by any of these; or Target and an accredited Assessor from a panel agreed by the parties to the Agreement and the employee Lodgement of assessment instrument All assessment instruments under the conditions of sub-clause 5.4, including the Applicable Percentage Agreement wage to be paid to the employee, shall be lodged by Target with the Registrar of the A.I.R.C. 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 ten working days 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 of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System. Target - Retail Agreement Page 25

26 5.4.7 Other Terms and Conditions of Employment Where an assessment has been made, the Applicable Percentage shall apply to the wage rate only. Employees covered by the provisions of the sub-clause 5.4 shall be entitled to the same terms and conditions of employment as all other employees covered by this Agreement paid on a pro rata basis Workplace adjustment An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other Retail Employees in the area Trial period (c) (d) In order for an adequate assessment of the Retail Employee's capacity to be made, Target may employ a person under the provisions of sub-clause 5.4 for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed. ( Trial Period ) During the trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined. The minimum amount payable to the employee during that Trial Period shall be no less than $56.00 per week. Trial Periods should include induction or training as appropriate to the job being trialed. (e) Where Target and the Retail Employee 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 Target - Retail Agreement Page 26

27 5.5 Location Allowance The following district allowances shall be paid in addition to the rates prescribed in APPENDIX A. * Darwin $16.60 per week * Alice Springs $9.30 per week * Karratha $22.70 per week * Kalgoorlie $5.70 per week * Port Headland $19.00 per week The Western Australian Location allowances are to be maintained as per the General Order in Western Australia as made from time to time. Target - Retail Agreement Page 27

28 6.1 Hours of Work PART 6 - HOURS OF WORK, OVERTIME AND BREAKS Subject to the savings provisions contained within this Agreement, employees may be rostered to work on any day of the week, at any time A Retail Employee shall be paid the ordinary hourly rate for work rostered between the span of hours listed below: Day Time of Starting Time of Finishing Monday to Friday 5.00 a.m midnight Saturday 5.00 a.m 8.00 p.m Work rostered outside the span of hours listed in sub-clause 6.1.2, shall be paid at the penalties set out in this sub-clause, in addition to the employee s ordinary hourly rate of pay. Span of Hours Penalties - Permanent Monday to Friday a.m. to 5.00 a.m. 30% 50% Saturday 8.00 p.m. to p.m. 25% 45% Saturday a.m. to 5.00 a.m. and p.m. to midnight Sunday 7.00 a.m. to 7.00 p.m. where legal to trade. (This Sunday span of hours shall also apply during refurbishment programs as described in sub-clause 6.1.4) Sunday 6.00 a.m. to p.m. where legal to trade - permanent 24 hour stores only Sunday a.m. to 7.00 a.m. and 7.00 p.m. to midnight Sunday a.m. to 6.00 a.m. and p.m. to midnight permanent 24 hour stores only Sunday 7.00 a.m. to 7.00 p.m. where not legal to trade, subject to sub-clause % 70% 50% 70% 50% 70% 100% 120% 100% 120% 100% 120% Penalties & Loadings - Casuals Target - Retail Agreement Page 28