Work - Unions
Work - Unions
Shop, Distributive and Allied Employees’ Association New South Wales Branch Work Unions DAVID JONES ENTERPRISE AGREEMENT 2012 OPERATIVE ON AND FROM 9 AUGUST 2012 THROUGH TO 3 JUNE 2015
DAVID JONES ENTERPRISE AGREEMENT 2012 1 1. APPLICATION AND OPERATION OF AGREEMENT 1.1 Title This Agreement will be known as the David Jones Enterprise Agreement 2012 (“Agreement”). 1.2 Company Mission Statement David Jones will be the best full line, differentiated department store. Our company will be a combination of key capital city stores and key suburban locations. We will maximise shareholder return by focusing on delivering the core operating fundamentals of a department store.
1.3 Arrangement 1. Application and Operation of Agreement . 1 1.1 Title . 1 1.2 Company Mission Statement . 1 1.3 Arrangement . 1 1.4 Incidence and Parties Bound . 4 1.5 Relationship to Awards and Agreements . 4 1.6 Period of Operation . 4 1.7 Objectives of the Agreement . 4 1.8 Variation to Agreement . 5 1.9 Definitions . 5 1.10 No Extra Claims . 6 2. Equal Employment Opportunity, Anti-Discrimination and Workplace Harassment . 6 3. Consultation and Dispute Resolution . 7 3.1 Issue Resolution Procedure . 7 3.2 Staffing Issues . 8 4. Termination, Change and Redundancy . 9 5. Contract of Employment and Related Matters .
9 5.1 Probation . 9 5.2 Abandonment of Employment . 9 5.3 Types of Employment . 10 5.4 Dress and Presentation Standards . 11 5.5 Laundry Allowance . 11 5.6 Guidelines Concerning Security Procedures . 12 5.7 Standing Down of Employees . 12 6. Classification Structure and Rates of Pay . 12 6.1 Classification Structure . 12 6.2 Rates of Pay . 12 6.3 Penalties and Loadings . 12 6.4 Higher Duties . 13 6.5 Payment of Salary . 13 6.6 Superannuation . 14 6.7 Flexible Pay Provision . 15 6.8 Supported Wage . 16
DAVID JONES ENTERPRISE AGREEMENT 2012 2 7. Hours of Work and Rostering . 16 7.1 Ordinary Hours . 16 7.2 Rostering Principles – All Employees . 17 7.3 Rostering Principles – Full-time Employees . 18 7.4 Rostering Principles – Part-time Employees . 19 7.5 Rostering Principles – Casual Employees . 20 7.6 Flexible Working Arrangements . 20 7.7 Part-Time Flex Up . 21 7.8 Additional Shifts . 22 7.9 Hours Bank . 22 7.10 Shortened Casual Engagements . 24 7.11 Overtime . 24 7.12 Overtime Meal Allowance . 25 7.13 Meal Breaks . 25 7.14 Rest Periods . 25 8. Attendance at Voluntary Trade Nights . 26 9.
Leave and Public Holidays . 26 10. Annual Leave . 26 10.1 Leave Entitlement . 26 10.2 Applying for Leave . 27 10.3 Accumulation of Leave . 27 10.4 Direction to take Leave . 27 10.5 Recrediting of Leave while on Annual Leave . 28 11. Compassionate Leave . 28 11.1 Entitlement . 28 11.2 Proof of Attendance . 29 12. Blood Donor Leave . 29 12.1 Entitlement . 29 12.2 Notice Required . 29 12.3 Proof of Attendance . 29 13. Bone Marrow Donor Leave . 29 13.1 Entitlement . 29 13.2 Notice Required . 30 13.3 Proof of Attendance . 30 14. Defence Force Leave . 30 14.1 Entitlement . 30 14.2 Notice Required .
30 14.3 Proof of Attendance . 30 15. Emergency Services Leave . 30 16. Jury Service . 31 17. Long Service Leave . 31 17.1 Entitlement . 31 18. Natural Disaster Leave . 32 18.1 Entitlement . 32 18.2 Notice Required . 32 19. Parental Leave . 32
DAVID JONES ENTERPRISE AGREEMENT 2012 3 20. Personal Business Leave . 32 20.1 Entitlement . 32 20.2 Granting of Leave . 32 21. Pre-Natal and Pre-Adoption Leave . 33 21.1 Entitlement . 33 21.2 Notice Required . 33 21.3 Proof of Attendance . 33 22. Public Holidays . 33 22.1 General Public Holidays . 33 22.2 State and Territory Public Holidays . 33 22.3 Substitute Days . 34 22.4 Work on a Public Holiday . 35 22.5 Work on Easter Sunday if not a Public Holiday . 35 23. Personal (Sick) / Carer’s Leave . 36 23.1 Entitlement . 36 23.2 Notice Required . 36 23.3 Proof of Absence . 36 23.4 Unpaid Personal / Carer’s Leave .
37 24. Leave Without Pay . 37 24.1 Entitlement . 37 25. Allowances . 38 25.1 Temporary Transfer to Another Store . 38 25.2 Travel Allowance . 39 25.3 Laundry Allowance . 39 26. Occupational Health and Safety and Related Matters . 39 26.1 Occupational Health and Safety . 39 26.2 Protective Clothing . 40 26.3 Accident Make Up Pay . 40 26.4 First Aid . 41 26.5 Lockers . 41 26.6 Safe Transport Home . 41 27. Agreement Compliance . 41 27.1 Posting of Agreement . 41 28. Savings Provision . 41 29. Flexibility Provision . 42 30. Signatories to the Agreement . 44 Appendix A: Classification and Wage Rates .
45 Appendix B: Termination Change and Redundancy . 48 Appendix C: Guidelines Concerning Security Procedures . 55 Appendix D: Parental Leave . 58 Appendix E: Workers Eligible for a Supported Wage . 68
DAVID JONES ENTERPRISE AGREEMENT 2012 4 1.4 Incidence and Parties Bound This Agreement binds:- (a) David Jones Limited trading as David Jones (“David Jones”); (b) all employees of David Jones coming within the classification structure in Appendix A; and (c) the Shop Distributive and Allied Employees’ Association (“the Union”). 1.5 Relationship to Awards and Agreements This Agreement operates to the exclusion of all other certified agreements and awards, whether state or federal, and supersedes the David Jones Enterprise Agreement 2006.
1.6 Period of Operation 1.6.1 This Agreement will operate from 7 days after the Agreement is approved by Fair Work Australia.
1.6.2 The nominal expiry date of this Agreement shall be 3 June 2015. 1.7 Objectives of the Agreement 1.7.1 David Jones, Employees and the Union acknowledge that an essential factor in achieving David Jones’ mission is the development and maintenance of productive working relations between all employees and management. This Agreement is an important step towards these working relations and is built on shared commitments to the following values: (a) excellence and professionalism; (b) refusal to accept second best; (c) a positive desire to change for the better; (d) a sense of urgency; (e) empowerment to make the maximum contribution to the team; (f) honesty and integrity both internally and externally.
1.7.2 It is also acknowledged that David Jones must be flexible in its delivery of services to compete in the retail field. The Agreement will be important in achieving this and will help ensure the availability of employees as and when required. David Jones recognises it will be necessary to maintain a solid core workforce of permanent employees with others, (e.g. casuals and limited tenure employees) assisting where business so demands. Wherever practicable, David Jones will endeavour to employ full-time employees.
DAVID JONES ENTERPRISE AGREEMENT 2012 5 1.7.3 David Jones recognises the importance of achieving a healthy and safe working environment and of protecting the health, safety and welfare of employees. David Jones recognises that an essential element in achieving this goal is the rehabilitation of injured employees. David Jones recognises that the Union has an important role to play in ensuring that this aim is achieved. 1.8 Variation to Agreement 1.8.1 When this Agreement is varied to give effect to a Variation Agreement, the Variation Agreement will become a schedule to this Agreement and will take precedence over any provision of this Agreement to the extent of any expressly identified inconsistency.
1.8.2 The Variation Agreement must meet the following requirements to enable Fair Work Australia to vary this Agreement: (a) that the purpose of the Variation Agreement is to make the enterprise or workplace operate more efficiently according to its particular needs; (b) that the majority of employees covered by the Variation Agreement genuinely agree to it; (c) that the Union consents to the Variation Agreement, provided that such consent will not be unreasonably withheld; and (d) that the variation necessitated by the Variation Agreement meets the legislative requirements for varying enterprise agreements under the Fair Work Act 2009.
1.9 Definitions 1.9.1 Casual Employee A casual employee means a person engaged on an hourly basis to work when available and as required by David Jones. 1.9.2 Continuous Service Continuous service, for the purpose of leave accruals, includes all service with David Jones from the date of engagement, but shall not include in any anniversary year of accrual: unauthorised absences of more than one week, or any authorised unpaid absence of more than one week.
1.9.3 Extended Family Extended Family, for the purposes of Compassionate Leave, means Immediate Family, clause 1.9.4, and in addition, uncle, aunt, niece and nephew.
DAVID JONES ENTERPRISE AGREEMENT 2012 6 1.9.4 Immediate Family For the purposes of Personal/Carer’s Leave, includes: spouse (including de facto spouse, spouse from whom the employee is separated and same sex partner), child, (includes step child, foster child, grandchild) parent, (includes step-parent, foster parent and guardian) parent-in-law (including de facto parent-in-law), brother or sister (includes step-brother, step-sister, brother-in-law, sister-in-law), grandparent, grandparent-in-law.
1.9.5 Ordinary Hourly Rate The ordinary hourly rate of pay for full-time and part-time employees is 1/38th of the appropriate weekly rate contained in Appendix A. 1.9.6 Ordinary Hours of Work Ordinary hours of work means and includes those hours of work which are within the span of ordinary hours contained in Clause 7.1 and are days on which David Jones may lawfully trade. 1.9.7 Permanent Employee A permanent employee means either a full-time or part-time employee engaged on weekly, fortnightly or monthly hire. 1.9.8 Union Union means the Shop Distributive and Allied Employees Association (SDA).
1.10 No Extra Claims It is a term of this Agreement that the employees and the union will not pursue any extra claims for the duration of this Agreement. This includes claims in relation to matters whether they are dealt with in this Agreement or not, unless the claim is consistent with the terms of this Agreement. 2. EQUAL EMPLOYMENT OPPORTUNITY, ANTI-DISCRIMINATION AND WORKPLACE HARASSMENT David Jones is an equal opportunity employer. All people have the right to work in an environment which is free of sexual and any other form of harassment or discrimination and it is the intention of the parties to reduce the likelihood of harassing conduct occurring in the future.
Accordingly, the parties to this Agreement will: 2.1.1 Make every endeavour to ensure no employee receives less favourable treatment on the grounds of race, colour, religion, ethnic or national origin, sex, sexual preference, age, marital status, family responsibilities, pregnancy, political opinion or mental or physical disability.
DAVID JONES ENTERPRISE AGREEMENT 2012 7 2.1.2 Make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 2.1.3 Acknowledge that sexual harassment or any other form of harassment is an unacceptable form of behaviour which will not be tolerated. 2.1.4 Comply with all relevant legislative requirements and David Jones’ sexual harassment policy with a view to eliminating any form of sexual harassment from the workplace.
2.1.5 Treat employees and customers in a professional manner endeavouring to ensure that no one will interpret their words or actions as discrimination or harassment.
2.1.6 Ensure nothing in this Agreement is to be taken to affect: (a) any different treatment (or treatment having different effects) which is specifically exempted under Commonwealth and State anti-discrimination legislation; (b) the payment of different wages for employees who have not reached a particular age while any instrument specifically provides that this does not constitute unlawful discrimination; (c) An employee, employer or registered organisation, pursuing matters of discrimination in any state or federal jurisdiction, including by application to the Australian Human Rights Commission; (d) the provisions of section 351 of the Fair Work Act 2009.
3. CONSULTATION AND DISPUTE RESOLUTION 3.1 Issue Resolution Procedure In the event of disputes and/or grievances arising in a store, they shall be dealt with in the manner outlined below, on the provision David Jones has fulfilled their responsibility of providing a safe and healthy working environment. David Jones will ensure all managers and supervisors are schooled in the issue resolution procedure.
3.1.1 The employee and/or manager with the concern will raise it for discussion with his or her immediate supervisor and/or staff member (whichever is the case). 3.1.2 It is their joint responsibility to promptly define the issues in dispute, identify relevant participants and organise a plan to resolve the issue. Where an agreed solution is reached, it shall be binding.
DAVID JONES ENTERPRISE AGREEMENT 2012 8 3.1.3 If a plan to resolve the issue is not settled, the employee and his or her immediate supervisor will discuss the matter with senior store management.
The employee member may request that a representative from the Union be present at this discussion. The aim of this discussion is to reach a solution as expeditiously as possible. 3.1.4 If a solution is not reached at the discussion with senior store management then the issue will be discussed with David Jones’ head office employee relations.
3.1.5 Should the matter remain unresolved, then either the aggrieved employees, David Jones or the Union may refer the matter to Fair Work Australia for conciliation and/or arbitration, in which respect the parties agree to be bound by the decision of Fair Work Australia. 3.1.6 Without prejudice to anyone while an issue is being resolved in accordance with this procedure, work shall continue in accordance with the pre-issue status quo. 3.1.7 The parties agree to reply promptly on issues raised for discussion and where a prompt reply is not possible, a timetable for reply will be provided.
3.2 Staffing Issues 3.2.1 The purpose of this clause is to provide a means to resolve issues at a department level where insufficient numbers of employees are available to cover the workload of an area or department.
The following provisions should be followed to attempt to resolve such an issue: (a) Employees will identify the specific time of day and days on which they believe there are not sufficient employees available to cover the workload of a department or area. (b) Employees will identify why they believe this is a continuing labour requirement and not a once off event caused by: (i) Unplanned and or extended employee absences (ii) A temporary spike in sales activity (c) Employees will provide the identified times and days and reasons in writing to the sales manager responsible for the area or department.
(d) David Jones Sales Managers will review the data provided by employees in conjunction with the store or deputy store manager by: (i) Examining sales figures for the department or area by time and day; (ii) Examining labour allocation for the department or area by time and day.
DAVID JONES ENTERPRISE AGREEMENT 2012 9 (e) David Jones will provide the results of the data review to employees in writing. (f) David Jones and the employee will both do the following: (i) Approach the issue as a problem requiring a solution. (ii) Jointly examine the data on labour allocation and sales activity for the department or area from the employee observations.
(iii) Jointly brainstorm ways to provide sufficient labour at the times and on the days identified within the parameters of the Enterprise Agreement rostering rules and the store budget.
(iv) Select the best alternative to meet labour requirements that meets the agreement’s rostering rules and store budget. (v) Agree to a timetable for implementation and who does what by when. (vi) If there is no agreement, then the matter will be resolved using clause 3.1 above, Issue Resolution Procedure. 4. TERMINATION, CHANGE AND REDUNDANCY The termination of employment, introduction of change and redundancy provisions are contained in Appendix B. 5. CONTRACT OF EMPLOYMENT AND RELATED MATTERS 5.1 Probation 5.1.1 An employee’s employment at David Jones is subject to a 3 month probationary period, during which either party may terminate the employment for any reason not prohibited by law, subject to permanent employees being provided with 1 week’s notice.
5.1.2 On being promoted to a new position, an employee’s promotion is subject to a 2 month probationary period. During this probationary period either David Jones or the employee may revoke the promotion and David Jones will reinstate the employee to his or her former position and salary, or a comparable position and salary if the former position is not available. Such a revocation and reinstatement is deemed not to constitute termination of employment at the initiative of David Jones for any purpose whatsoever.
5.2 Abandonment of Employment 5.2.1 The absence of an employee from work for a continuous period of 3 rostered shifts or more without the consent of David Jones will constitute an abandonment of the employee’s employment with David Jones.
DAVID JONES ENTERPRISE AGREEMENT 2012 10 5.2.2 If, within a period of 14 days from the employee’s last attendance at work or the date of the last authorised absence from work, an employee establishes to the satisfaction of David Jones that the absence was for reasonable cause, David Jones shall reinstate the employee to his or her former position or re-employ the employee to another position of comparable salary and status, provided that such a position is available within David Jones.
5.3 Types of Employment 5.3.1 Full-Time Employment David Jones shall appoint permanent employees in writing to work an agreed number of weekly hours in accordance with the terms of this Agreement.
5.3.2 Part-Time Employment Part-time employees shall be provided the same benefits as full-time employees on a pro rata basis calculated against actual hours worked. 5.3.3 Casual Employment Casual employees are appointed in writing, engaged by the hour and paid as such. 5.3.4 Limited Tenure Employment David Jones may engage permanent employees on a limited tenure basis in accordance with the terms and conditions of this Agreement subject to the following: (a) David Jones shall advise an employee offered limited tenure employment of the nature of the work, the days and hours of work (including the proposed starting and finishing times), the proposed weekly earnings and the commencement date of limited tenure employment.
(b) If the limited tenure employment is defined by an event, the nature of the event shall be explained to the employee and an estimated ceasing date provided. (c) If the limited tenure employment is for a specific period, the employee shall be advised of the ceasing date of the period prior to commencement. (d) The period of limited tenure employment will be at least 4 weeks in duration and must not be more than 52 weeks’ duration, except; where an employee is engaged to cover a period of parental leave, the period of Limited Tenure employment will be at least 4 weeks in duration and must not be more than 104 weeks in duration.