Storemen (Government) Consolidated Award 1979
1. - TITLE
This Award shall be known as the "Storemen (Government) Consolidated Award 1979"
1B. - MINIMUM ADULT AWARD WAGE
(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.
(2)The minimum adult award wage for full-time employees aged 21 or more is $692.90 per week payable on and from the commencement of the first pay period on or after 1 July 2016.
(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.
(4)Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.
(5)Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.
(6)The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.
(7)Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.
(8)Subject to this clause the minimum adult award wage shall –
(a)Apply to all work in ordinary hours.
(b)Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.
(9)Minimum Adult Award Wage
The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2016 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose 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 enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.
Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.
(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $593.90 per week on and from the commencement of the first pay period on or after 1 July 2016.
(b)The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.
(c)Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.
(d)Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.
2. - ARRANGEMENT
1B.Minimum Adult Award Wage
5.Contract of Service
13.Long Service Leave
14.Time and Wages Record
15.Right of Entry
17.Board of Reference
18.Junior Workers Certificate
21.Fares and Travelling Time
22.Fares Outside Metropolitan Area
25.Award to be Posted
26.Morning Rest Period
28.Trade Union Training Leave
29.Leave to Attend Union Business
31.Introduction of Change
32.First Aid Allowance
33.Dispute Settlement Procedure
34.Paid Leave for English Language Training
36.Enterprise Level Award Change Procedure
Appendix - Resolution of Disputes Requirements
Schedule A - Respondents
Schedule B - Union Party
Appendix - S.49B - Inspection Of Records Requirements
3. - SCOPE
This Award shall apply to workers employed by the respondents in the callings mentioned in clause 20. - Wages, and who at the date of this Award are not covered by Industrial Awards or Agreements.
4. - TERM
This Award shall have effect for one year from the beginning of the first pay period commencing on or after the date hereof. (This Award was issued on August 28, 1970).
5. - CONTRACT OF SERVICE
(1)Except as provided in subclause (2) hereof, the contract of service shall be by the week, terminable on either side by one week's notice or by the payment or forfeiture, as the case may be, of one week's wages in lieu of notice.
(2)The contract of service for casual workers shall be by the hour provided that no engagement shall be less than four consecutive hours, exclusive of meal times in any one day.
(3)The preceding subclauses do not affect the right to dismiss for misconduct and, in such case, wages shall be paid up to the time of dismissal only.
(4)(a)An employer may direct an employee to carry out such duties which are within the limits of the employee's skill, competence and training, including work which is incidental or peripheral to the employee's main tasks or functions, provided that such duties are not designed to promote de-skilling.
(b)An employer may direct an employee to carry out such duties and use such tools and equipment as may be required, provided that the employee has been properly trained in the use of such tools and equipment.
(c)Any direction issued by an employer pursuant to paragraphs (a) and (b) of this subclause shall be consistent with the provisions of the Occupational Health, Safety and Welfare Act, 1984-87, as amended.
6. - DEFINITIONS
"Storeperson - Level 4" means an employee carrying out Level 1, 2 and 3 duties and who is placed in charge of ten or more other storepersons or who is appointed to take charge of a section, department or store.
"Storeperson - Level 3" means an employee carrying out Level 1 and 2 duties, who supervises and allocates work to less than ten storepersons and who undertakes stock control duties as directed by the employer.
"Storeperson - Level 2" means an employee carrying out Level 1 duties who supervises and allocates work to up to three other storepersons, and/or who is required to operate the following equipment -
(a)walk beside power operated high lift stacker;
(b)ride on power operated forklift;
(c)high lift stacker;
(d)high lift stock picker;
(e)power operated overhead traversing hoist;
(f)ride on power operated tow motor;
(g)ride on power operated pallet truck;
(h)walk beside power operated pallet lifters;
(i)visual display units.
Level 2 duties shall include accurate recording as required of all stores transactions and activity, including stock and non-stock receipts, issues and transfers, by manual and/or electronic means. For the purposes of paragraph (i) above, at the State Supply Division of the Department of Services this encompasses data entry duties.
"Storeperson - Level 1" means an employee engaged in receiving, unpacking, storing, weighing, packing, marking or despatching and generally handling, checking and recording stores, furniture and equipment coming into and going out of a store, and in addition who is required to correctly identify and pick orders for stock, furniture and equipment in accordance with customer and department requirements and who operates the following equipment:
(a)sealing, cutting and binding equipment;
(b)non-powered materials handling equipment (pumps, trolleys, etc.);
(c)visual display terminals.
For the purpose of paragraph (c) above, operation of visual display terminals is limited to the retrieval of information. At the State Supply Division, Department of Services Level 1 duties include access online VDU enquiries.
"Casual Employee" means an employee engaged by the hour and who may be dismissed or leave the employer's service at any moment without notice. Provided that any worker employed for a period of four weeks or less shall be classified as a casual employee and be paid not less than the minimum rate prescribed herein for a casual employee. This provision should not apply in cases where an employee, engaged as a weekly employee, is dismissed for incompetence or misconduct.
7. - HOURS
(1)The ordinary working hours for employees employed under classifications pursuant to Clause 20 shall be 38 in any week to be worked between the hours of 6.00 a.m. and 6.00 p.m. Monday to Friday inclusive, with the meal interval of not less than 30 minutes or more than one hour between 11.00 a.m. and 2.00 p.m.
(2)At State Supply Division, Department of Services, the regular commencing time for work shall be 7.30 a.m., provided that where there is mutual agreement between the employer and the employee, the commencing time may be varied consistent with subclause (1) of this clause.
(3)Nothing in this clause shall prevent the continued operation of a 76 hour/nine day fortnight roster agreement signed by the employers and the union, unless subsequently varied by mutual agreement.
8. - OVERTIME
(1)(a)Subject to subclause (2) hereof all time worked in excess of or outside the ordinary hours of work shall be overtime and except as provided hereunder shall be paid at the rate of time and a half for the first two hours and double time thereafter.
(b)In the computation of overtime each day shall stand by itself.
(2)Work on Saturday after 12 noon and on Sunday shall be paid for at the rate of double time.
(3)Notwithstanding anything contained in subclause (1)(b) of this clause where workers are required to work continuously after the first three hours of overtime have been worked beyond their normal finishing times they shall be paid at the rate of double time up to the time they finish work; provided that such hour shall not be later than the prescribed starting time for the next day.
(4)A worker required to return to work after he has left the employer's premises for the day, or to work on a Saturday or a Sunday and he returns home on completion of his overtime shall be paid -
(a)A minimum of two hours at overtime rates if notified of the requirement to work overtime before leaving the employer's premises.
(b)For a minimum of three hours at overtime rates if recalled.
(5)(a)When overtime work is necessary, it shall wherever reasonably practicable, be so arranged that workers have at least eight consecutive hours off duty between the work of successive days.
(b)A worker (other than a casual worker) who works so much overtime between the termination of his ordinary work on one day and the commencement of his ordinary work on the next day that he has not had at least eight consecutive hours off duty between those times shall, subject to this paragraph, be released after completion of such overtime until he has had eight consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.
(c)If, on the instructions of his employer, such a worker resumes or continues work without having had such eight consecutive hours off duty, he shall be paid at double rates until he is released from duty without loss of pay for ordinary working time occurring during such absence.
(6)Notwithstanding anything contained in this award -
(a)The employer may require any worker to work reasonable overtime at overtime rates and such worker shall work overtime in accordance with such requirement.
(b)No organisation, party to this award or worker or workers covered by this award, shall in any way, whether directly or indirectly, be a party to or concerned in any ban, limitation or restriction upon the working of overtime in accordance with the requirements of this subclause.
9. - MEAL MONEY
(1)Where an employee is required to continue working after the usual finishing time for more than one hour, he/she shall be paid $6.25 for the purchase of any meal required.
(2)Meal money shall be paid prior to the meal period on the day upon which the overtime is to be worked.
(3)This subclause is applicable to storepersons employed by the B.M.A. moving office furniture only -
(a)Subject to paragraphs (b) and (c) of this subclause, those storepersons required to move office furniture by the Building Management Authority, if required to work overtime on Saturdays or Sundays for more than nine hours continuously, shall, at the employer's discretion, be supplied with either a meal by the employer or be paid $6.25 for the purchase of any meal required.
(b)Paragraph (a) of this subclause does not apply -
(i)in respect of any period of overtime for which the employee has been notified on the previous day or earlier that he/she will be required to perform in excess of nine hours' overtime; or
(ii)to any employee who lives in the locality in which the place of work is situated in respect of any meal for which he/she can reasonably go home.
(c)If an employee has, as a consequence of the notification referred to in paragraph (b)(i) of this subclause, provided him/herself with a meal or meals and is not required to work overtime or is required to work less overtime than the period notified, payment shall be made for the meal/s provided but not required of the appropriate amount prescribed in paragraph (a) of this subclause.
10. - PUBLIC HOLIDAYS
(1)(a)The following days or the days observed in lieu shall, subject as hereinafter provided, be allowed as holidays without deduction of pay, namely: New Year's Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Labour Day, Foundation Day, Sovereign's Birthday, Christmas Day and Boxing Day. Provided that another day may be taken as a holiday by arrangement between the parties in lieu of any of the days named in this subclause.
(b)When any of the days mentioned in paragraph (a) hereof falls on a Saturday or a Sunday the holiday shall be observed on the next succeeding Monday and when Boxing Day falls on a Sunday or a Monday the holiday shall be observed on the next succeeding Tuesday. In each case the substituted day shall be a holiday, without deduction of pay and the day for which it is substituted shall not be a holiday.
(2)(a)Whenever any holiday falls on a worker's ordinary working day and the worker is not required to work on such day he shall be paid for the ordinary hours he would have worked on such day if it had not been a holiday.
(b)If any worker is required to work on a holiday he shall be paid for the time worked at the rate of double time and a half. Provided that in lieu of the foregoing provisions of this paragraph and subject to agreement between the employer and the worker, work done on any day prescribed as a holiday under this award shall be paid for at the rate of time and a half and the worker shall, in addition be allowed a day's leave with pay to be added to his annual leave or to be taken at some subsequent date if the worker so agrees.
(c)Payment for holidays shall be in accordance with the usual hours of work.
(3)When a worker is off duty owing to leave without pay or sickness, including accidents on or off duty, except time for which he is entitled to claim sick pay, any holiday falling during such absence shall not be treated as a paid holiday. Where the worker is on duty or is available on the working day immediately preceding a holiday, or resumes duty or is available on the working day immediately following a holiday, as prescribed in this clause, the worker shall be entitled to a paid holiday.
(4)A casual worker shall not be entitled to payment for any holiday referred to in this clause.
11. - ANNUAL LEAVE
(1)Except as hereinafter provided a period of four consecutive weeks' leave, shall be allowed to a worker by his employer after a period of twelve months' continuous service with such employer.
(2)The worker shall be paid for any period of annual leave prescribed by this clause at the ordinary rate of wage the worker has received for the greatest proportion of the calendar month prior to his taking of leave.
(3)A worker may, with the approval of the employer, be allowed to take the annual leave prescribed by this clause before the completion of twelve months continuous service as prescribed in subclause (1) of this clause.
(4)Subject as hereinafter provided:
(a)If after one months service in any qualifying twelve monthly period a worker lawfully leaves his employment or his employment is terminated by the employer through no fault of the worker, the worker shall be paid 2.92 hours' pay at his ordinary rate of wage in respect of each completed week of continuous service in that qualifying period.
(b)If the services of a worker terminate and the worker has taken a period of leave in accordance with subclause (3) of this clause and if the period of leave so taken exceeds that which would become due pursuant to paragraph (a) of this subclause, the worker shall be liable to pay the amount representing the difference between the amount received by him for the period of leave taken in accordance with subclause (3) of this clause and the amount which would have accrued in accordance with paragraph (a) of this subclause. The employer may deduct this amount from moneys due to the worker by reason of the other provisions of this award at the time of termination.