Kmart Australia Ltd Agreement 2018
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Kmart Australia Ltd Agreement 2018 Kmart Australia Ltd Agreement 2018 Table of Contents 1. Application and Parties to this Agreement 3 2. Title 3 3. Duration 3 4. Definitions 3 5. Classifications and Classification-related Matters 5 6. Higher Duties 6 7. Rates of Pay, Junior Rates, Superannuation and Pay-related Matters 7 8. Payment of Wages and Pay Advices 12 9. Allowances, Reimbursements and Related Matters 13 10. Day Work and Night Shift Work 16 11. Full-time Rates of Pay, Hours of Work and Overtime 17 12. Part-time Rates of Pay, Hours of Work and Overtime 19 13. Casual Rates of Pay, Hours of Work and Overtime 22 14. Limited Tenure Team Members 25 15. Overtime Rates of Pay and Time off in Lieu of Overtime 26 16. Rosters and Roster Consultation 27 17. Termination of Employment 29 18. Team Members Working at More than One Store (Other than Temporary Transfers) 30 19. Meal and Tea Breaks 30 20. Public Holidays 31 21. Annual Leave (Full-time and Part-time Team Members) 34 22. Long Service Leave 36 23. Personal Leave (Full-time and Part-time Team Members) 37 24. Requests for Flexible Work 38 25. Personal Emergencies (Full-time and Part-time Team Members) 40 26. Pre-natal Leave (Full-time and Part-time Team Members) 40 27. Compassionate Leave 40 28. Community Services and Other Leave (including Jury Service) 42 29. Emergency Services Leave (Full-time and Part-time Team Members) 43 30. Leave of Absence (Full-time and Part-time Team Members) 44 31. Defence Force Leave (Full-time and Part-time Team Members) 44 32. Natural Disaster Leave 44 33. Parental Leave 45 34. Family and Domestic Violence Leave 56 35. Blood Donor Leave (Full-time and Part-time Team Members) 57 36. Major Change Consultation 58 37. Redundancy (Full-time and Part-time Team Members) 59 38. Disputes Resolution Procedure 61 39. Posting of Agreement and Fair Work Information Statement 62 40. Savings Provisions 62 41. Individual Flexibility Term 63 42. Guidelines Concerning Security Procedures 64 43. Staff Entrances and Exits 66 44. Interaction with the NES 66 45. Trade Union Training Leave and Union Matters 66 46. Workplace Health and Safety 68 47. Accident Make-up Pay 69 48. Signatories to this Agreement 70 Appendix A-Supported Wage 71 Appendix B-Saved Rates of Pay for Existing Team Members 74 Appendix C-Preserved Matters-4-yearly review of awards 85 Appendix D-Sunday Rate Changes 87 Pay Schedules 1-12 88 2 Kmart Australia Ltd Agreement 2018 1. Application and Parties to this Agreement 1.1 This Agreement shall be binding upon Kmart Australia Limited and the Shop Distributive and Allied Employees' Association and the Australian Workers Union (QLD Branch) (within their area of coverage), in respect of team members in Australian retail stores, whether members of the Union or not, who are employed by Kmart throughout Australia in the classifications contained in this Agreement. 1.2 This Agreement has no application to team members employed within retail stores in management pay ranged positions equivalent to or greater than pay range 11, as appointed or promoted by Kmart, apprentices or trainees engaged by an external Registered Training Organisation who are completing the on-the job training component of their traineeship at Kmart. This Agreement does apply to any trainees engaged directly by Kmart to undertake a Certificate II in Retail or Certificate III in Retail Operations. 1.3 Other than where expressly stated, and subject to the requirements of the Fair Work Act 2009, this Agreement shall operate in complete substitution of any Award (including 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 in this Agreement. 2. Title 2.1 This Agreement shall be known as the Kmart Australia Ltd Agreement 2018. 3. Duration 3.1 This Agreement will come into effect from seven days after the date it is approved by the FWC and will remain in force until 28 February 2023, or for 4 years, whichever time is earlier. 3.2 It is agreed that there shall be a no-extra claims commitment during the life of this Agreement. 4. Definitions 4.1 AWU Area of Coverage The AWU’s area of coverage means the area of 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, 4.2 Base Rate of Pay The base rate of pay is the hourly rate of pay that applies to permanent team members for the hours of work Monday to Friday 7am-6pm. The base rate for existing team members is contained in Tables 1 and 2 of the permanent team member Pay Schedules and the base rate for new team members is contained in Tables 4 of the permanent team member Pay Schedules, depending on the team members classification, with the exception of Level 1A new team members whose base rate is contained in Table 1 and Table 2 of Schedule 3. 4.3 Casual Rate of Pay 3 Kmart Australia Ltd Agreement 2018 The casual rate of pay is the hourly rate of pay that applies to casual team members for the hours of work Monday to Friday 7am-6pm. The casual rate for existing team members is contained in Tables 1 and 2 of the casual team member Pay Schedules and the casual rate for new team members is contained in Tables 4 of the casual team member Pay Schedules, depending on the team members classification, with the exception of Level 1A new team members whose casual rate is contained in Table 1 of Schedule 4. 4.4 Continuous Service Continuous service has the same meaning as set out in section 22 of the Fair Work Act 2009. 4.5 Day Work Team Member A day work team member means a team member who is employed to work their ordinary hours within the span of ordinary hours in clause 10.2. 4.6 De facto Partner Has the same meaning as set out in the Fair Work Act 2009. 4.7 Existing Team Member Means a team member employed by Kmart immediately prior to the commencement of this Agreement. 4.8 FWC FWC means the Fair Work Commission. 4.9 GRIA Means the General Retail Industry Award 2010 . 4.10 Immediate Family Member Immediate family member shall mean a spouse (including a former spouse), de facto partner (including a former de facto partner), child (including step or foster), parent (including a step-parent), grandparent, grandchild or sibling of a team member; or a child (including step or foster), parent, grandparent, grandchild or sibling of a spouse (or former spouse) or de facto partner (or former de facto partner) of a team member. 4.11 New Team M ember Means a team member employed by Kmart following the commencement of this Agreement by law. 4.12 NES NES means the National Employment Standards contained in the Fair Work Act 2009. 4.13 Night Shift Team Member A Night Shift Team Member is a team member who is employed to work night shift work in accordance with the relevant terms of this Agreement. 4.14 Pay Schedules Pay Schedules means Schedules 1-12 of this Agreement. 4.15 Permanent Team Member Permanent Team Member means either a full-time or part-time team member. 4.16 Relevant Pay Schedule 4 Kmart Australia Ltd Agreement 2018 Relevant Pay Schedule means the Pay Schedule that applies to a team member according to their status as a permanent or casual team member and their classification level under this Agreement. For a team member performing higher duties, relevant Pay Schedule means the Pay Schedule that applies to the team member when performing higher duties according to their status as a permanent or casual team member and the duties which they are performing whilst receiving higher duties. 4.17 Retail Store A retail store includes any Kmart permanent or temporary store offsite but does not include any distribution centre. 4.18 Service Service has the meaning as set out in the Fair Work Act 2009 . 4.19 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.