The Shop, Distributive and Allied Employees Association of Western Australia and PVS Jobskills

The Shop, Distributive and Allied Employees Association of Western Australia and PVS Jobskills

1

“THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’

ASSOCIATION OF WESTERN AUSTRALIA

AND

PVS JOBSKILLS NO.2 RETAIL EMPLOYEES’

AGREEMENT”,

NO. AG258 OF 1995

1. - TITLE

This Agreement shall be known as the “The Shop, Distributive and Allied Employees’ Association of Western Australia and PVS Jobskills No.2 Retail Employees’ Agreement”, No. AG258 of 1995.

2. - ARRANGEMENT

1.Title

2.Arrangement

3.Object

4.Area and Scope

5.Definitions

6.Terms of Agreement

7.Jobskills Trainee

8.Reservation

9.Signatures Clause

Schedule A - Respondents

3. - OBJECT

The object of this Agreement is to provide the form and substance of the conditions of employment, including rates of pay, applicable to adult retail trainees employed by the Company in Western Australia employed through PVS under the Commonwealth Government Jobskills program and who but for this Agreement would be covered by the Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977 hereinafter referred to as “the Award”.

4. - AREA AND SCOPE

(1)This Agreement applies to employees engaged under the Jobskills program by the employers named in Schedule A - Respondents to this Agreement through PVS in the state of Western Australia. In so far as the terms of this Agreement vary from the terms of the Award this Agreement shall prevail. In all other respects the terms of the Award shall continue to operate.

(2)This agreement will cover approximately 10 Jobskills trainees employed through the PVS Retail Jobskills Program.

5. - DEFINITIONS

(1)“PVS” shall mean “Professional Vocational Services” of 17 Southport Street, Leederville WA 6007, who are responsible for the management of this Program.

(2)“The Company” shall mean any of the employers named in ScheduleA - Respondents to this Agreement.

(3)“Jobskills Program” shall mean the trial of the Commonwealth Government’s Jobskills program in the retail industry. The objective of Jobskills is to improve the long term employment prospects of people who have been unemployed for 12 months or more by equipping them with new skills, work experience and training.

(4)“Jobskills trainee” is an employee who is employed under the conditions applying in the Commonwealth Government Jobskills program guidelines.

(5)“SDA” shall mean The Shop, Distributive and Allied Employees’ Association of Western Australia.

(6)“The Award” shall mean The Shop and Warehouse (Wholesale and Retail Establishments) State Award 1977, No.R32 of 1976.

6. - TERMS OF AGREEMENT

(1)The Agreement shall operate from 16 October 1995, for a period of eighteen months.

(2)The Agreement may be extended by agreement in writing between the parties for up to two further periods of six months.

(3)If not renewed, or after having been renewed twice, the Agreement shall cease.

(4)This Agreement shall not be used in the arbitration of any other matter and shall not be seen as a precedent for any other matter.

7. - JOBSKILLS TRAINEE

(1)Training Conditions

(a)A Jobskills trainee shall attend approved on and off-the-job training prescribed in the relevant training agreement, or as notified to the Jobskills trainee by the employer or agent.

(b)Jobskills trainees will receive over a period of up to 26 weeks a mix of supervised work experience, structured training on-the-job and off-the-job and the opportunity to practice new skills in a work environment.

(c)Jobskills trainees may only be engaged by employers to undertake activities under the Jobskills program guidelines. The employer shall ensure that the Jobskills trainee is permitted to attend the prescribed off-the-job training and is provided appropriate on-the-job training.

(d)The employer shall provide an appropriate level of supervision in accordance with the approved training plan.

(2)Employment Conditions

(a)(i)Jobskills trainees shall be engaged in addition to existing staff levels.

(ii)No existing casual or part-time employee shall have hours reduced by the employment of a Jobskills trainee.

(iii)Jobskills trainees shall not fill permanent positions within any retail establishment.

(b)(i)Jobskills trainees shall be engaged for a period of 26 weeks as full-time employees.

(ii)Notwithstanding placitum (i) above, the union and the employer may agree in writing for a period of engagement of less than 26 weeks.

(c)Jobskills trainees shall be permitted to be absent without loss of continuity of employment to attend the off-the-job training in accordance with the training plan. However, except for absences provided under the Award, failure to attend for work or training without an acceptable cause will result in loss of pay for the period of absence.

(d)Ordinary hours for a Jobskills trainee shall be 7.00am to 6.00pm Monday to Friday only. Ordinary hours shall be 38 per week with 4 days on the job and one day of formal training off the job each week.

(e)Overtime shall not be worked by a Jobskills trainee.

(f)The Shop, Distributive and Allied Employees’ Association of Western Australia shall be afforded reasonable access to Jobskills trainees for the purposes of explaining the role and function of the Union and enrolment of the trainee as a member.

(3)Wages

The weekly wage payable to Jobskills trainees shall be $300.00 which rate shall be for all purposes of this Agreement and shall take account of the range and extent of training provided.

(4)Grievance Procedure

(a)Any question, dispute or difficulty arising from this Agreement shall be dealt with in accordance with the following procedure:

(i)The matter shall first be discussed between the employee affected and the appropriate supervisor. The employee may choose to be represented by the union delegate.

(ii)If not settled the matter shall be discussed between the employee, an accredited representative of the union and the appropriate representative of the Company.

(iii)If not settled the matter shall be discussed between an official of the union and an appropriate representative of the company.

(b)While the matter in dispute is being discussed in accordance with the procedure, as prescribed in paragraph (a) hereof, work shall continue and the status quo as applying before the dispute shall be maintained. No party shall be predjudiced in relation to the final settlement by the continuance of work in accordance with this clause.

(c)It is open to either party at any time to seek the assistance of the Western Australian Industrial Relations Commission in resolving any dispute.

8. - RESERVATION

The parties to this Agreement reserve the right to seek its variation or revocation if circumstances develop in the operation of the Jobskills program which adversely affect their interests or the interests of their members to the extent that the variation or revocation is warranted.

9. - SIGNATURES CLAUSE

Name:Lia Blom...... Signature......

for and on behalf of Just Music Cottesloe

Name:Joe Cottelessa...... Signature......

for and on behalf of A J Nominees Pty Ltd T/A Cards N’ Things Mirrabooka

Name:Jeanette Hollis...... Signature......

for and on behalf of Tramloop Pty Ltd T/A Softubs Australia (WA)

Name:Ron Demarteau...... Signature...... 29/9/95

for and on behalf of Community Aid Abroad Retail Pty Ltd

Name:Stephanie Kelly...... Signature......

for and on behalf of Two by One Resale Boutique

Name:Morris Savoberg...... Signature......

for and on behalf of Moric Nominees Pty Ltd T/A “House” in Subiaco

Name:Dianne Smith...... Signature...... 6/9/95

for and on behalf of DMW Nominees Pty Ltd for the Lazith Unit Trust T/A Poolmart Wembley

Name:Mark Bishop...... Signature and Common Seal......

for and on behalf of The Shop, Distributive and Allied Employees’ Association of Western Australia

SCHEDULE A - RESPONDENTS

Just Music Cottesloe, 552 Stirling Highway, Cottesloe WA 6011.

Tramloop Pty Ltd T/A Softub Australia (WA), 1/37 Hutton Street, Osborne Park WA 6017.

A J Nominees Pty Ltd T/A Cards N’ Things, 76 Mirrabooka Square, Yirrigan Drive, Mirrabooka, WA 6061

Community Aid Abroad Retail Pty Ltd, 328 Murray Street, Perth WA 6000

Two by One Resale Boutique, 41 Ardross Street, Ardross WA 6153

Moric Nominees Pty Ltd, T/A House in Subiaco, 177 Rokeby Road, Subiaco WA 6008

DMW Nominees Pty Ltd for the Lazith Unit Trust T/A Poolmart Wembley, Cnr. Nanson and Grantham Street, Wembley WA 6014

VARIATIONRECORD

“THE SHOP, DISTRIBUTIVE AND ALLIED EMPLOYEES’ ASSOCIATION OF WESTERN AUSTRALIA AND PVS JOBSKILLS NO.2 RETAIL EMPLOYEES’ AGREEMENT”,

NO. AG258 OF 1995

Delivered 31/10/96 at 76 WAIG 4631

Consolidated

CLAUSEEXTENT OFORDEROPERATIVEGAZETTE

NO.VARIATIONNO.DATEREFERENCE

1.Title

as deliveredAG258/9531/10/9676 WAIG 4631

2.Arrangement

as deliveredAG258/9531/10/9676 WAIG 4631

3.Object

as deliveredAG258/9531/10/9676 WAIG 4631

4.Area and Scope

as deliveredAG258/9531/10/9676 WAIG 4631

5.Definitions

as deliveredAG258/9531/10/9676 WAIG 4631

6.Terms of Agreement

as deliveredAG258/9531/10/9676 WAIG 4631

7.Jobskills Trainee

as deliveredAG258/9531/10/9676 WAIG 4631

8.Reservation

as deliveredAG258/9531/10/9676 WAIG 4631

9.Signatures Clause

as deliveredAG258/9531/10/9676 WAIG 4631

Schedule A - Respondents

as deliveredAG258/9531/10/9676 WAIG 4631