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Where a part-time employee would normally work on any of the three working days following the death of a close relative which would entitle an employee on weekly hiring to bereavement leave in accordance with clause 34 - Bereavement leave of this award, the employee shall be entitled to be absent on bereavement leave on any of those three working days without loss of pay for the day or days concerned.
Subject to the provisions contained herein all other provisions of the award relevant to full-time employees shall apply to part-time employees. No full-time or casual employee shall be transferred by an employer to part-time employment without the written consent of the employee. Provided that where such transfer occurs all leave entitlements accrued shall be deemed to be continuous. A full-time employee who requests part-time work and is given such work may revert to full-time employment on a specified future date by agreement with the employer and recorded in writing.
Where a person was employed as a part-time employee pursuant to the previous awards, the employer and the employee should confer and seek to reach agreement on the translation to the terms of this award. The employer must advise each employee that the employee may be represented in such conferences. An employee shall be entitled to a minimum payment as for two hours' work on any day.
An employee shall be entitled to a minimum payment as for two hours work on any day. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours i. The casual employee is not entitled to any payment for the period of non-attendance. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
Provided that such rate shall exclude:. Where an employee is transferred to lower paid duties for reasons set out in For this purpose a statutory declaration will be sufficient.
An employee, other than an employee of a small employer as defined in An employee of a small employer as defined in Provided that service prior to 25 June shall not be taken into account in calculating an entitlement to severance pay for an employee of a small employer pursuant to In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice.
An application for variation may be made by an employer or a group of employers. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.
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That total must be calculated on the basis of:. The time off shall be taken at times that are convenient to the employee after consultation with the employer. Where a business is transmitted from one employer to another, as set out in clause 11 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for.
This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees who wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements award variations to give effect to enterprise agreements and over award arrangements.
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Absorption which is contrary to the terms of an agreement is not required. Increases made under previous National Wage Case principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments. Any person who is required to act as Father Christmas i. The wages paid for training time may be averaged over a semester or year.
The period so specified to which the apprentice wage rates apply shall not exceed six years. This advice will be consistent with the training agreement. Note 1: Apprentice hourly rates take account of the fact that they spend some of their time in off the job training. Note 2: The parties note that the training agreement or contract will require an apprentice to be employed for sufficient hours to complete all requirements of the apprenticeship, including the on-the-job work experience and demonstration of competencies. The parties also note that this would normally mean that an apprentice would average a minimum of 15 hours on-the-job work per week, averaged across the period of the apprenticeship.
The rates of progression reflect the average rate of skill acquisition expected from the typical combination of work and training for a part time apprentice undertaking the applicable apprenticeship. On leaving school if the apprentice continues part-time, the rate of progression through the wage scale shall be at the rate of 12 months progression for each 15 months of employment as a part-time apprentice.
This progression shall apply in addition to the progression achieved as a part time apprentice. 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 award.
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In the context of this clause, the following definitions will apply:. For the purpose of establishing the percentage of the award rate to be paid to an employee under this award, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:. 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. Where an assessment has been made, the applicable percentage shall apply to the wage rate only.
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Employees covered by the provisions of the clause will be entitled to the same terms and conditions of employment as all other workers covered by this award paid on a pro rata basis. Changes may involve re-design of the job duties, working time arrangements and work organisation in consultation with other workers in the area. In the case of an employee who works the 38 hour week in accordance with In the case of an employee whose ordinary hours of work are arranged in accordance with In the case of a part-time or casual employee, wages shall be paid weekly or fortnightly according to the actual hours worked each week or fortnight.
When Friday is a holiday, wages shall be paid not later than Wednesday in that week.
Provided that where wages are paid by electronic funds transfer additional costs associated with the introduction and operation of electronic funds transfer shall be paid for by the employer. The total additional amount shall be calculated to the nearest ten cents, less than five cents in the result to be disregarded. These foregoing provisions shall not apply where any employee could reasonably return home for a meal within the period allowed.
Meal money shall be paid on the same day as the overtime is worked or shall be paid in the weekly or fortnightly pay. Where it is agreed the work performed by an employee is of a dirty, wet or obnoxious nature requiring suitable protective clothing, the employer must reimburse the employee for the costs incurred in purchasing the suitable protective clothing and any necessary laundering cost incurred by the employee.
This shall not apply where suitable protective clothing is provided and laundered at the employer's cost. Where an employee is required by his or her employer to move temporarily from one branch or shop to another for a period not exceeding three weeks all additional fares so incurred shall be reimbursed by the employer. Where any employer transfers an employee from one township to another, the employer shall be responsible for and shall pay the whole of the moving expenses, including fares and transport charges, for the employee and his family.
Where an employer occasionally requires an employee to use his own motor vehicle in the performance of his duties such employee shall be paid an allowance of not less than 65 cents per kilometre. This shall not apply if the employer provides or arranges proper transportation to and or from the employee's usual place of residence, at no cost to the employee. The application to participate in the Fund shall extend to all employees of the employer eligible for superannuation pursuant to this clause and shall be on terms no less beneficial to employees than those prescribed by this clause.
Upon acceptance by the Trustee the employer shall contribute to the Fund in respect of all eligible employees an amount equal to 1.
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An employer who participates in the Fund shall not cease participation in the Fund whilst employing any eligible employee. Where an employee is absent on leave without pay, whether or not such leave is approved, no contribution from the employer shall be due in respect of that employee during and in respect of the period of unpaid absence. Such contribution shall be equivalent to contributions under Where an employer has failed, pursuant to Employees who may wish to make contributions to the Fund additional to those being paid by the employer pursuant to No employer shall be excluded from this clause on the basis of existing voluntary superannuation arrangements.
An individual employer may make application to the Australian Industrial Relations Commission for exemption from the requirement to pay contributions to the Fund pursuant to this clause. The Commission may grant such exemption in the following circumstances:.
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Kmart, Coles fossey, Katies and Bi Lo shall be exempt from the requirement pursuant to this clause to pay contributions to the Fund on behalf of an individual employee in the following circumstances:. Subject to Subject to clause 22 - 38 hour week of this award, and In each week of the roster an employee shall be rostered off on either a Monday or a Saturday. In the absence of such notification, it shall be deemed that the employee is rostered to work from Monday to Friday inclusive each week. The provisions of Notwithstanding any other provisions of this clause or of clause 14 - Wages, employees in the employment of an employer on 12 September may elect to continue working on their previous roster and shall not be required to work beyond 6.
Provided that where the employee and the employer agree the meal interval for lunch may be less than 45 minutes but not less than 30 minutes. A Sunday may be included. Such meal break shall be counted as time worked. Provided that an employee may elect to work after 12 noon on a Saturday. The requirement for an employee to work on this basis will not be unreasonably required by the employer. The penalty rate of double time will apply to any employee who works on Easter Sunday.
For the purpose of computing such overtime each day's work shall stand alone. Overtime shall be paid to an employee in a Class A Exempt Shop for work performed in excess of an average of 38 hours per week.

Such overtime shall be paid at the rate of time and a half for the first three hours and double time thereafter. In computing overtime payable under If the work period includes a meal break, the rest period is to be granted in that portion of the work period which is the greater or where such work periods are of equal duration the rest period of ten minutes shall be given at a time to be mutually agreed upon. Provided that in the case of employees in Class A Exempt Shops the rest period granted shall be eleven hours.
This does not break continuity of employment for the purpose of any entitlements. For the purpose of this clause -. Where no normal weekly number of hours is fixed for an employee under the terms of his or her employment, normal weekly number of hours of work shall be deemed to be the average weekly number of hours worked by him or her during the period in respect of which the right to the annual leave accrued.
For the purposes of this award a year of employment shall be deemed to be unbroken notwithstanding:. Except as otherwise provided in this award, every employee shall at the end of each year of his or her employment by an employer become entitled to annual leave on ordinary pay. The quantum of annual leave each year shall be hours for full-time employees and pro rata for part-time and casual employees.
If the employee and the employer so agree, the annual leave or either of such separate periods may be taken wholly or partly in advance before the employee has become entitled to the annual leave. The annual leave shall be given by the employer and shall be taken by the employee before the expiration of a period of six months after the date upon which the right to such leave accrues.
By agreement between the employer and the employee, annual leave may be taken at any time within a period of 24 months from the date at which it falls due. Except as provided in the next succeeding clause, payment shall not be made by an employer to an employee in lieu of any annual leave or part thereof to which the employee is entitled under this award, nor shall any such payment be accepted by the employee.