Shop, Distributive and Allied Employees’ Association … Warehouse Agreem… · BUNNINGS WAREHOUSE AGREEMENT 2010 OPERATIVE ON AND FROM 13 JUNE 2011 THROUGH TO 30 JUNE 2013 Shop,

BUNNINGS WAREHOUSE

AGREEMENT

2010

OPERATIVE ON AND FROM 13 JUNE 2011

THROUGH TO 30 JUNE 2013

Shop, Distributive and Allied Employees’ Association

New South Wales Branch

WorkUnions

BUNNINGS WAREHOUSE AGREEMENT 2010

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1. TITLE

This Agreement shall be known as the ‘Bunnings Warehouse Agreement 2010’.

2. ARRANGEMENT

1. TITLE ............................................................................................................. 1 2. ARRANGEMENT ........................................................................................... 1 3. AREA AND SCOPE ....................................................................................... 2 4. OBJECTIVES OF THIS AGREEMENT .......................................................... 2 5. DEFINITIONS ................................................................................................ 3 6. CLOSED AGREEMENT................................................................................. 5 7. TERM............................................................................................................. 5 8. RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS ...................... 5 9. CONTRACT OF SERVICE............................................................................. 5 10. ORDINARY HOURS OF WORK .................................................................... 6 11. BANK OF HOURS ....................................................................................... 10 12. OVERTIME .................................................................................................. 11 13. CASUAL WAREHOUSE TEAM MEMBERS ................................................ 12 14. SUNDAY WORK.......................................................................................... 12 15. ALLOWANCES ............................................................................................ 12 16. PUBLIC HOLIDAYS ..................................................................................... 13 17. MEAL BREAKS............................................................................................ 15 18. REST PERIODS .......................................................................................... 15 19. PAYMENT OF WAGES................................................................................ 16 20. SUPERANNUATION.................................................................................... 16 21. CLASSIFICATION AND REMUNERATION ................................................. 17 22. ANNUAL LEAVE.......................................................................................... 19 23. SICK LEAVE / FAMILY LEAVE.................................................................... 20 24. COMPASSIONATE LEAVE ......................................................................... 22 25. JURY SERVICE LEAVE .............................................................................. 23 26. PARENTAL LEAVE...................................................................................... 24 27. LONG SERVICE LEAVE.............................................................................. 24 28. BLOOD DONOR LEAVE.............................................................................. 25 29. DEFENCE RESERVE LEAVE ..................................................................... 25 30. EMERGENCY SERVICES LEAVE .............................................................. 26 31. FREEDOM OF ASSOCIATION.................................................................... 26 32. STATEMENT OF SERVICE......................................................................... 26 33. REDUNDANCY............................................................................................ 26 34. HEALTH AND SAFETY ............................................................................... 28 35. UNIFORMS.................................................................................................. 30 36. DISPUTE RESOLUTION PROCEDURE...................................................... 30 37. TIME AND WAGES RECORDS................................................................... 31 38. ACCIDENT MAKE-UP PAY ......................................................................... 31 39. SUPPORTED WAGE................................................................................... 32 40. UNION RELATED MATTERS...................................................................... 35 41. CONSULTATION......................................................................................... 35 42. INDIVIDUAL FLEXIBILITY AGREEMENTS ................................................. 36


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3. AREA AND SCOPE

3.1 This agreement shall bind Bunnings Group Limited (ABN 26 008 672 179)

trading as Bunning’s Warehouse (“Bunnings”) and the Shop Distributive and Allied Employees’ Association (“SDA”), herein referred to as the “parties”; and

3.2 All persons employed in Bunnings Warehouse stores located throughout

Australia and its Territories whose duties are defined in clause 5 of this Agreement.

4. OBJECTIVES OF THIS AGREEMENT

4.1 The primary objectives of this Agreement are:-

4.1.1 To enable Bunnings to establish and maintain profitable Warehouse stores which will provide a level of customer service, customer facilities and overall customer value unequalled by any other company operating in the retail merchandise sector

4.1.2 To improve warehouse team members’ productivity and customer

services arrangements in the Warehouse operations by providing for greater organisational efficiency through increased flexibility and utilisation of warehouse team member skills and significantly more flexible arrangements with respect to warehouse team members working time.

4.1.3 To provide more satisfying, secure and better paid employment for

individual warehouse team members in line with operational objectives.

4.1.4 To provide a sound basis for expanded capital investment and

employment opportunities within the Warehouse operations. 4.1.5 To ensure equitable terms and conditions of employment are applied

to all team members at Bunnings Warehouse. 4.2 To achieve these objectives, Bunnings and the SDA declare their

commitment to ensuring that:

4.2.1 Warehouse Team Members are willing to accept total flexibility of jobs and duties subject to individual skills and abilities to meet company requirements.

4.2.2 Terms and conditions of employment reflect and are specific to the

needs of the enterprise and its warehouse team members.


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4.2.3 There is a continuous effort by Bunnings and its warehouse team members to improve work practices, work organisation and review any other issues which will enhance the quality of the range and level of services provided to customers.

4.2.4 Issues or grievances which could impede the provision of service or

the operation of the enterprise are resolved through negotiation and the dispute resolution procedures.

4.2.5 Working relationships between management and warehouse team

members are developed in a way to promote effective and open communication, mutual trust and co-operation as much as possible.

4.2.6 All team members working in the enterprise maintain acceptable

standards of work, behaviour and safety. 4.2.7 The principles of fairness and justice and equal opportunity in

employment are promoted and practised at all times.

5. DEFINITIONS

5.1 “Warehouse team member” shall mean an employee who is employed at any

Bunnings Warehouse store covered by this agreement. 5.2 Warehouse team member grade 1, means car park attendants; stocktake

counters and cleaners.

Grade 1 duties include but are not limited to: Collecting trolleys, stocktake 5.3 Warehouse team member grade 2, means a shop assistant or a team

member whose duties are not set out in any other grade.

Grade 2 duties include but are not limited to: Customer service, forklift operation, price integrity, registers, people greeter, cafeteria warehouse team members and basic clerical work (such as a receptionist whose only duties include answering telephones and day to day administrative tasks such as basic data entry).

5.4 Warehouse team member grade 3, means:

5.4.1 A team member who, in addition to performing the duties of a grade 2 team member, has been given additional responsibilities for which they are held accountable, including but not limited to:

• Supervision of other warehouse team members grades 1 and 2

which requires them to give direction;

• Training of warehouse team members grades 1 and 2;


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• Assisting warehouse team members grades 1 and 2 in the performance of their duties; by directing how work is to be done;

• Assisting the area coordinator when necessary; or

5.4.2 A team member whose primary responsibilities are clerical and

administrative duties such as invoicing and accounts; or a receptionist whose duties include complicated administrative tasks, such as the preparation of spreadsheets and interpreting information, necessary for the effective operation of the warehouse; or

5.4.3 A team member holding relevant trade qualifications where it is

necessary to utilise them in the performance of their duties; or

A ‘trade qualification’ is one recognised by the National Training Board and is acquired following the successful completion of an apprenticeship. To be ‘relevant’ it must directly relate the technical knowledge team members are required to provide customers.

5.4.4 A Trade Desk team member whose primary responsibilities regularly

require the preparation and execution of complex quotes requiring specialist skills and knowledge for builders (e.g. Quotes Clerk); or

5.4.5 A Special Orders Desk team member whose primary responsibilities

regularly require the preparation and execution of complex orders requiring specialist skills and knowledge (e.g. Special Orders Quotes Clerk); or

Clause 5.4.4 and 5.4.5 are not applicable to team members on the Special Orders Desk or Trade Desk whose primary responsibility is customer service.

5.4.6 Delivery Drivers

5.5 Warehouse team member grade 4 means a shop assistant who has been

appointed by a member of the Store Management team and has been given additional responsibilities for which they are held accountable, including:

• Direct supervision of other warehouse team members grades 1, 2 and

3;

• Training of warehouse team members grades 1, 2 and 3;

• Overseeing the area in the absence of the coordinator. 5.6 “Agreement”: where the EBA contains a facilitative provision or otherwise

allows for a team member and their manager to reach agreement over an issue (e.g. changing a roster with less than 7 days’ notice) and one or both wish to change the current position, then they shall confer and attempt to arrive at an outcome which is acceptable to both. In conferring both the team member and their manager are entitled to put forward arguments, and seek


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additional information from any source in favour of their preferred position and have these considered by the other party. In the absence of an outcome that is acceptable to both parties, then the position specified in the EBA as the default position shall apply. In all such cases, prior to a decision being made, the relevant manager shall explain to the team member:

1. The default position in the EBA 2. The effect of the proposed change on the team member

This explanation should be sufficient to allow the team member to make an informed decision regarding the proposed change.

6. CLOSED AGREEMENT

This agreement is a closed Agreement and shall not be varied during its term of operation except as provided in the Fair Work Act 2009. No claims shall be made by either party to this Agreement during the life of the Agreement.

7. TERM

This Agreement shall operate seven days from the date of approval by Fair Work Australia and expire on 30 June 2013. After the nominal expiry date of this agreement, this agreement shall continue to apply until the termination of the Agreement as provided for by this Agreement, or the parties replace this Agreement with another. Either Bunnings or the SDA may initiate the termination of this Agreement in accordance with the Fair Work Act 2009.

8. RELATIONSHIP TO OTHER AWARDS AND AGREEMENTS

This Agreement shall replace all provisions of any State and Federal Awards and Agreements which would otherwise apply to the warehouse team members covered by this Agreement.

9. CONTRACT OF SERVICE

9.1 The initial employment of a warehouse team member shall consist of a 3

month probationary period. For the avoidance of doubt, nothing in this clause shall be construed to constitute a shorter qualifying period within the meaning of that expression in the Fair Work Act 2009.


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9.2 In order to terminate the employment of a permanent/limited tenure warehouse team member, for a reason other than a reason which would justify instant dismissal, Bunnings shall give notice (or payment, including part payment, in lieu thereof) to the warehouse team member concerned as follows:

Period of Continuous Service Period of Notice

Less than 1 year 1 week

1 year but less than 3 years 2 weeks

3 years but less than 5 years 3 weeks

5 years and over 4 weeks

Warehouse team members over 45 years of age with 2 years’ continuous service shall receive an additional week’s notice.

9.3 Payment in lieu of notice shall be based upon the team member’s full rate of

pay for the hours they would have worked had the employment continued until the end of the minimum period of notice.

9.4 A warehouse team member who has been given notice of termination of

employment shall be entitled to take one day off on full pay in order to seek other employment during the notice period. The timing of this day off shall be mutually agreed with the store manager in question.

9.5 A warehouse team member giving notice of termination to Bunnings shall

give two (2) weeks’ notice. If such notice is not provided, any shortfall may be recovered by Bunnings from the warehouse team member’s termination pay.

9.6 On termination, a warehouse team member who has worked more hours

than those for which he/she has been paid pursuant to this Agreement shall be paid for all such hours at the ordinary time rate of pay and such payment shall be included with the warehouse team member’s termination pay.

9.7 A warehouse team member who has worked fewer hours than those for

which he/she has been paid pursuant to this Agreement shall have an amount equal to the ordinary time rate of pay for such hours deducted from the warehouse team member’s termination pay, or where insufficient leave is available the period of notice shall be extended accordingly.

10. ORDINARY HOURS OF WORK

10.1 A warehouse team member may be engaged in one of the following

categories and paid in accordance with clause 21 Classification and Remuneration.

10.1.1 Full-time employment: 1976 ordinary hours per 52 weeks.


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10.1.2 Part-time employment:

(a) An agreed number of ordinary hours per year between a minimum of 520 ordinary hours and up to 1976 ordinary hours per year.

(b) Additional ordinary hours worked by part-time team members

(up to and including 1976 hours per annum) shall accrue leave entitlements and be paid superannuation.

(c) A part-time team member whilst working with Bunnings, may

request to have their ordinary hours of work reduced below 520 per year. By mutual agreement between the team member and Bunnings this request may be accommodated.

(d) A team member who has elected to reduce their hours below

520 per year may request to revert to a minimum of 520 hours. Bunnings will give consideration to this request based on operational requirements and the needs of the team member. Such request will not be unreasonably refused.

10.1.3 Limited Tenure Employment:

(a) An agreed minimum of 144 ordinary hours. (b) A minimum average of 12 ordinary hours per week. (c) Team members shall accrue any applicable leave, including

sick leave/family leave, annual leave and long service leave. (d) The duration of a limited tenure arrangement shall not

exceed two years. (e) A team member on a limited tenure arrangement at the

commencement of the operation of this Agreement will maintain the provisions of this arrangement until the expiry of the limited tenure contract.

10.1.4 Annual Hours

Shall be on the basis of a financial year period and pro-rata for a warehouse team member engaged for part of that period.

10.1.5 Unpaid Leave

Where a team member is granted a period of unpaid leave, the number of ordinary hours that they are to work for the period shall be reduced by the number of hours taken as unpaid leave.

10.2 Ordinary hours of work may be rostered on any day at any time.


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The times during which a team member may expect to be regularly rostered to work ordinary hours shall be:

10.2.1 Monday – Sunday between 5:00am and 11:00pm. 10.2.2 During a period of warehouse store fit out prior to opening the

ordinary hours shall be Monday to Friday 5:00am to midnight.

Team members who are required to work ordinary hours outside the above spread of hours shall be paid at the appropriate penalty rate. Team members employed prior to 30 November 2006, who were not already engaged in stock filling duties outside the spread of hours will not be required to work outside the hours of 5:00am and 11:00pm Monday to Sunday, but may do so by agreement.

ADDITIONAL PENALTIES The following penalties shall apply, save for hours worked in accordance with 10.2.2, calculated on the team member’s ordinary time permanent rate of pay and shall be paid in lieu of any other premium:

Monday to Saturday

Permanent Limited Tenure Casual

Between midnight and 5:00am 30% 50%

Between 11:00pm and midnight 30% 50%

10.3 Warehouse team members shall be rostered to work ordinary hours such that:

10.3.1 the maximum number of rostered ordinary hours on any one day

shall be 10.5. 10.3.2 the minimum number of rostered ordinary hours per day shall be 6

for full-time warehouse team members, and 3 hours for all other warehouse team members. However, by agreement with the team member concerned the minimum number of rostered ordinary hours for a full-time warehouse team member may be less than 6 but not less than 4 hours per day.

10.3.3 a maximum of 46 hours in any one week except for part-time team

members whose agreed annual hours are less than 1040 hours per 52 weeks, in which case the maximum shall be 30 hours, or 46 hours by agreement.

10.3.4 a maximum of 6 consecutive rostered days.


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10.3.5 a team member shall receive 2 consecutive days off in each fortnightly pay period unless otherwise agreed between Bunnings and the warehouse team member affected.

10.3.6 the hours of work on any day, exclusive of meal breaks, shall be

continuous. 10.3.7 a team member may be rostered for a minimum of 1 hour for the

purpose of attending store training. In these instances clause 10.3.2 shall not apply and these sessions shall not constitute an additional start for team members for the purposes of clause 10.3.4 but such hours shall come off the team members hours to be worked for the year and clause 10.3.5 shall still be applicable. If the store training is scheduled the day after a team member has worked 6 consecutive days, attendance will be voluntary. When rostering in accordance with this clause, 10.4.3 shall apply, with the company also having regard to excessive travel.

10.4 10.4.1 Rosters for ordinary hours of work shall be set for a two week

period at least fourteen days in advance but may be varied with seven days’ notice or at any time by mutual agreement between Bunnings and the warehouse team member affected.

10.4.2 As far as possible, rosters will be set by mutual agreement

between Bunnings and the warehouse team members. 10.4.3 In setting rosters Bunnings will have regard for the family

responsibilities and other significant commitments of warehouse team members and access to safe transport home by warehouse team members as well as the operational requirements of the business and the need to be fair in its treatment of warehouse team members as a whole.

10.4.4 It is acknowledged that rosters are subject to change on an

ongoing basis – however rosters, as far as is practicable should not be subject to frequent variation without good cause. Nothing in this clause precludes the business from being able to roster to meet operational requirements. Nothing in this clause is to be construed as meaning that rosters will be of a set and standard nature.

10.5 Team member preferences as to which Public Holidays they would prefer to

work shall be sought by Bunnings no less than 6 weeks prior to the Public Holiday falling.

10.6 Rosters for work on days which are Public Holidays shall be provided 4

weeks in advance and shall not be unnecessarily varied. However, in cases where variation is necessary ordinary rostering provisions shall apply. In the case of disagreement, the parties shall refer to the Dispute Resolution Procedures.


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10.7 Bunnings may engage stocktake counters for the specific purpose of stocktake activities during stocktake. Team members will be given a minimum of 8 weeks’ notice that a stocktake is taking place in order for them to request shifts through stocktake.

11. BANK OF HOURS

11.1 The annualised hours system used in this Agreement is recorded through a

‘Bank of Hours’. 11.2 Where a team member has been paid for more hours than they have worked

they ‘owe’ hours e.g. a full-time team member works less than 76 hours in a fortnight.

Where a team member has worked for more hours than they have been paid they are ‘owed’ hours e.g. a full-time team member works more than 76 hours in a fortnight.

11.3 Whenever a team member either owes or is owed 38 banked hours then the

team member and their manager must discuss the action to be taken to manage the number of hours ‘owing’ or ‘owed’. Nothing prevents hours continuing to be banked as either ‘owing to’ or ‘owed by’ the team members.

11.4 Bunnings and the Union and team members are committed to the principle

that time off should be taken in a manner that provides a meaningful benefit to the team member.

11.5 Where a team member is owed 46 banked hours the team member may

request to reduce the hours owed by taking a full day/s off or by working reduced hours.

The team member’s request is to be granted by the team member’s manager unless there are reasons related to the operational requirements of the business that prevent this. In such cases, the manager must explain the reasons to the team member and discuss with the team member the team member’s alternative choice.

Reasons related to the operational requirements of the business include: • Peak trading periods;

• Stocktake; and

• Where there are other team members in that area already on leave,

creating an operational difficulty. 11.6 Where a team member owes 46 banked hours the team member must make

every effort to work the hours required to reduce the amount of hours owed. Notwithstanding, a part-time team member working 1040 hours or less per year, can not be required by Bunnings to work more than 30 hours in any week to reduce the amount of hours owed. By agreement a part-time team


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member working 1040 hours or less per year, may work up to 46 hours in any week. Any arrangement to reduce hours owed will be in accordance with clause 10.

Nothing in this clause prevents a team member seeking to reduce hours owed prior to the accrual of 46 hours. Preference will be given to taking time off as full days once a team member is owed 15.2 hours or more. The company shall endeavour to accommodate team member requests for time off at the time requested by the team member.

11.7 A Bank of Hours report is to be displayed in the tearoom each fortnight.

12. OVERTIME

12.1 The following work shall be regarded as overtime and paid at the overtime

rate of pay:

12.1.1 Work in excess of 46 hours in any one week or, in the case of casual team members, 38 hours in any one week.

12.1.2 Work in excess of 6 consecutive rostered days. 12.1.3 Work in excess of 10.5 ordinary hours in any one day. 12.1.4 Work in excess of 1976 hours for full-time and part-time

warehouse team members as stated in 10.1.1 and 10.1.2. 12.1.5 Work in excess of 2 consecutive days off per fortnight, unless such

work was agreed as stated in 10.3.5. 12.2 Overtime worked in accordance with 12.1.1 to 12.1.3 inclusive and 12.1.5

shall be paid at the rate of double time. 12.3 Overtime worked in accordance with 12.1.4 shall only be worked at the

warehouse team member’s request and subject to management approval and shall be paid at the rate of single time.

12.4 The relevant overtime rate shall be in substitution for any other premium

payable. 12.5 A warehouse team member shall receive a minimum break of 10 hours

between the end of work on one shift and the start of work on the next. Where a team member is required to work and does not receive a 10 hour break between rostered shifts, he/she will be paid a 100% penalty. Such rostered hours worked will be deducted from the team members bank of hours.


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13. CASUAL WAREHOUSE TEAM MEMBERS

13.1 The engagement of a casual warehouse team member shall commence at

the start of each shift for which the casual is employed and shall terminate at the end of that shift.

13.2 Casual warehouse team members shall be paid a premium of 22.5% of the

ordinary rate of pay. This premium is in lieu of all leave entitlements, except Long Service Leave and Sick Leave.

14. SUNDAY WORK

14.1 All warehouse team members rostered to work on a Sunday between 7:00am

and 9:00pm shall be paid a 50% premium for all ordinary hours worked.

All team members working between the following times shall be paid the applicable premium in lieu of any other premium payable:

Sunday Permanent, Casual & Limited

Tenure Team Members

Between midnight and 6:00am 100%

6:00am and 7:00am 75%

7:00am and 9:00pm 50%

Between 9:00pm and 10:00pm 75%

Between 10:00pm and midnight 100%

14.2. The premiums in clause 14.1 shall be paid in lieu of any other premium

payable.

15. ALLOWANCES

During this Agreement the following allowances shall apply:

15.1 Where a warehouse team member becomes due for a second meal break

due to working overtime and has not been given 24 hours’ notice of the requirement to work overtime, the employer shall provide an adequate meal or pay an allowance. The meal allowances are as follows:

Approval 1 July 2010 1 July 2011 1 July 2012

$12.15 $12.54 $12.95 $13.37

15.2 Where the warehouse team member continues to perform overtime for more

than 5 hours the employer shall provide an additional meal or pay an allowance of $12.15. This allowance will increase in line with the allowance in 15.1.


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15.3 Transport Allowance

Where Bunnings require a warehouse team member to use his/her personal motor vehicle in the performance of his/her duties the warehouse team member shall be paid an allowance of 69 cents per kilometre travelled.

15.4 Bunnings shall pay any forklift licence fees on behalf of warehouse team

members. 15.5 Transfer to another Store

Where a team member is temporarily transferred from one store to another, they shall be entitled to any approved additional fare costs for using public transport, or approved additional cost for private mileage at the rate set for the Transport Allowance. A team member is also entitled to payment of additional travelling time at their ordinary time earnings except on Sundays and Public Holidays when payment shall be at the rate of time and one half. This does not apply if the team member requests or volunteers for the temporary transfer.

16. PUBLIC HOLIDAYS

16.1 The following days shall be regarded as public holidays:

16.1.1 New Years Day 16.1.2 Australia Day 16.1.3 Labour Day 16.1.4 Good Friday 16.1.5 Easter Saturday 16.1.6 Easter Monday 16.1.7 Anzac Day 16.1.8 Queen’s Birthday 16.1.9 Christmas Day 16.1.10 Boxing Day (Proclamation Day in South Australia)

16.2 The following days shall be taken as public holidays in addition to or in lieu of

the days in 16.1:

16.2.1 In Victoria – Melbourne Cup Day (in addition): Provided that where a local day is proclaimed or gazetted in a locality outside the metropolitan area and Melbourne Cup Day is not proclaimed or


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gazetted in the locality, then the local day shall be taken as a public holiday in lieu of Melbourne Cup Day.

16.2.2 In Western Australia – Foundation Day (in addition) 16.2.3 In the Northern Territory – Picnic Day or Show day (but not both

days) 16.2.4 In South Australia – Adelaide Cup Day (in addition)

16.2.5 In Tasmania – Show Day (in lieu of Easter Saturday) and Hobart

Regatta Day (South of Oatlands) or Recreation Day where Regatta Day is not observed (in addition but not both days)

16.2.6 In New South Wales – Picnic Day being the first Tuesday in

November (in addition) 16.2.7 In the ACT:

• Canberra Day (in addition).

• Family and Community Day (Picnic Day) (in addition)

16.2.8 In Queensland – Exhibition Day (or the local Show Day) (in

addition). 16.3 Where an additional Public Holiday is declared by the Commonwealth or

State or Territory Governments such holiday shall be regarded as a Public Holiday for the purpose of this clause in addition to those prescribed by 16.1 and 16.2 in the areas in which it is declared to apply.

16.4 Warehouse team members may be rostered (with individual circumstances to

be taken into account) to work up to 5 public holidays as defined in 16.1 and 16.2 other than Christmas Day and Good Friday.

16.5 Work on Public Holidays for full-time and part-time team members shall be

treated in the following manner:

• the team member shall be paid an additional loading of 150% of their ordinary time rate of pay for actual hours worked; and

• full-time team members shall have deducted from their annual hours as

described in clause 10 the greater of 7.6 hours or the actual hours worked.

• part-time team members shall have deducted from their annual hours

the actual hours they have worked. 16.6 The premium paid for work on public holidays is only paid on actual hours

worked and shall be in substitution for any other premium payable.


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16.7 A casual warehouse team member who works on a public holiday as defined in 16.1 and 16.2, shall be paid at the rate of double time and a half of the equivalent full-time rate (this premium shall be in substitution for any other premium payable).

16.8 Any full-time warehouse team member, or any part-time warehouse team

member whose agreed annual hours are 1040 hours or more per 52 weeks shall have deducted from annual ordinary hours the amount of 7.6 hours or pro-rata equivalent for each public holiday not worked.

16.9 A warehouse team member required to work overtime on a public holiday as

defined in 16.1 and 16.2, shall be paid at the rate of double time and a half (this premium shall be in substitution for any other premium payable).

16.10 If the days set out in clause 16.1 are substituted by another day as a result of

an Act or Proclamation of a State or Territory government (substituted public holiday), then:

16.10.1 The provisions of clauses 16.4, 16.5, 16.6, 16.7, 16.8 and 16.9

shall apply to the substituted public holiday; and 16.10.2 The actual day of the holiday which has been substituted shall be

regarded as a non-holiday and warehouse team members rostered to work on that day shall be paid at the rates ordinarily applicable to that day.

17. MEAL BREAKS

17.1 Warehouse team members shall be entitled to an unpaid meal break upon

the completion of 5 hours of continuous work. 17.2 Meal breaks shall be of between 45 and 60 minutes’ duration provided that,

by agreement between the warehouse team members and management a meal break may be of 30 minutes’ duration.

17.3 Meal breaks shall be taken at a time to suit the operational requirements of

the business provided that no warehouse team member shall work more than 6 hours without a break for a meal.

18. REST PERIODS

18.1 A warehouse team member who works in excess of 7 hours in a day shall be

given two paid rest periods of 15 minutes. The first rest period shall be taken in the period before the meal break and the second rest period shall be taken after the meal break.

18.2 A warehouse team member who works between 4 and 7 hours (including a 4

or 7 hour shift) on any day shall be entitled to one paid rest period of 15 minutes.


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19. PAYMENT OF WAGES

19.1 All wages and allowances shall be paid on a fortnightly basis made by

Electronic Funds Transfer (“EFT”) by no later than four days following the completion of the fortnight in which the ordinary wages were earned.

19.2 Payment Classification

19.2.1 Full-time warehouse team members shall be paid 76 ordinary hours pay each fortnight along with any allowances, penalties or overtime payments accrued.

19.2.2 Part-time and limited tenure warehouse team members shall be

paid for the fortnightly average number of agreed ordinary hours each fortnight along with any allowances, penalties or overtime payments accrued.

19.2.3 Casual team members shall be paid for the ordinary hours worked

along with any allowances and penalties or overtime payments accrued.

19.4 Each warehouse team member shall nominate a bank account into which

his/her wages shall be paid and shall provide Bunnings with the necessary details and authority so as to enable Bunnings to pay the warehouse team member’s wages by EFT.

19.5 On pay day each warehouse team member shall be supplied with access to

details of the amount of wages earned, superannuation contributed, deductions made and the net amount paid. Should Bunnings provide pay details electronically, team members will have the opportunity to receive their pay details in hard copy.

20. SUPERANNUATION

20.1 Bunnings shall make monthly superannuation payments in respect of each

warehouse team member in accordance with its obligations under the Superannuation Guarantee (Administration) Act 1992 and any regulations made under the Act.

20.2 Superannuation payments shall be made to the Retail Employees

Superannuation Trust (“REST”). 20.3 It is the intention of the parties to this Agreement that the provision of

superannuation benefits for eligible employees who are covered by this enterprise Agreement will be through the REST fund only and this Agreement will not be overridden by the requirements to provide employees with a choice of superannuation funds or the ability of low income earners to “opt out”.


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20.4 Bunnings will pay any voluntary contributions authorised by the warehouse team member. The wages rates described in clause 21 of this agreement may be reduced (with the consent of the employee concerned) where the amount by which the weekly wage is reduced is contributed by the employer to the Superannuation Fund nominated by the employee in subclause 20.2 of this clause.

21. CLASSIFICATION AND REMUNERATION

21.1 Bunnings and the SDA are committed to maintaining the grading,

remuneration and performance management systems to meet Bunning’s specific organisational and business needs and the needs of warehouse team members for a fair remuneration scheme which adequately rewards them for their skills and contribution to the success of the business and recognises Bunning’s position as a leading company in the hardware market. In particular, every warehouse team member is to receive reward and remuneration relative to other reward and remuneration arrangements throughout the company.

21.2 Classification

21.2.1 Performance pay applies to all positions in Bunnings. 21.2.2 Information regarding performance pay will be readily accessible. 21.2.3 Position descriptions, which have been developed participative by

warehouse team members and their managers will be regularly reviewed.

21.3 Performance Pay

21.3.1 Goals and standards for the individual will be developed and set participatively and consistently with the Bunnings Corporate Plan.

21.3.2 The Performance Review procedure will include:

21.3.2.1 assessment review of individual performance; 21.3.2.2 periodic reviews, with an annual review linked to pay; 21.3.2.3 sign-off, and receipt, by warehouse team members of

the final copy of their annual performance review document;

21.3.2.4 identification of career planning and training needs

which will be linked to a training plan; 21.3.2.5 training of all warehouse team members in the

Performance Review process.


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21.3.3 Consistent with the commitment of the parties outlined in clause 21.1 the parties will work together to build the confidence of warehouse team members in the remuneration system by positively addressing any apparent anomalies or disagreements with respect to individual warehouse team member’s rates of wage.

21.4 Salary Increases

21.4.1 A performance based salary review will occur from 1 July 2010, 1 July 2011 and 1 July 2012 linked to the warehouse team member’s performance review. The total workforce average for each salary increase will be not less than 3.50%.

21.4.2 Minimum rates. The new minimum salaries will be:

Grade Approval 1/7/10

1 $682.50 $35,490.00 $704.68 $36,643.43

2 $700.00 $36,400.00 $722.75 $37,583.00

3 $735.00 $38,220.00 $758.89 $39,462.15

4 $752.49 $39,129.48 $776.95 $40,401.19

Grade 1/7/11 1/7/12

1 $727.58 $37,834.34 $751.23 $39,063.95

2 $746.24 $38,804.45 $770.49 $40,065.59

3 $783.55 $40,744.67 $809.02 $42,068.87

4 $802.20 $41,714.23 $828.27 $43,069.94

21.4.3 The “Average Increase” referred to earlier in this clause, shall be

calculated based on the increase granted to full-time and part-time team members with 6 months’ service or more and casual team members with over two years’ service.

21.5 Junior Rates

21.5.1 Junior warehouse team members shall receive the following percentages of the adult warehouse team member rates prescribed in clause 21:

16 years and under 50%

17 years 55%

18 years 67.5%

19 years 80%

20 years 100%


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22.5.2 Junior rates shall not apply to:

• Grade 3 team members holding relevant trade qualifications where it is necessary to utilise them in the performance of their duties;

• Delivery Drivers; or

• Grade 4 team members.

21.6 Salary Monitoring

Bunnings will provide to the SDA a list of total base salaries in employment categories as agreed for all warehouse operations prior to the 1st of July each year with an updated list to be supplied by the 1st of November each year. This information shall be adequate to enable the parties to monitor the compliance with agreed average salary increases.

21.7 No Disadvantage

No warehouse team member shall suffer any reduction in ordinary time earnings as a result of the introduction of this Agreement

21.8 Change of Grade

Where a team member’s grade is changed, their salary is to be reviewed to ensure they are being paid an appropriate rate.

22. ANNUAL LEAVE

22.1 A full-time warehouse team member shall be entitled to 152 hours of annual

leave on ordinary pay for each completed year of his/her employment. 22.2 A part-time warehouse team member shall be entitled to pro-rata annual

leave based on the average weekly hours worked over each 4 week cycle in the year that the leave accrued.

22.3 Annual Leave may be taken for a period agreed between the team member

and store management. Requests for annual leave by a team member will not be unreasonably refused. The intention is for team members to take their leave over a 4 week period or some lesser period as mutually agreed.

22.4 A warehouse team member may take annual leave in advance by agreement

with store management. Store management shall not unreasonably refuse requests for annual leave.

22.5 A warehouse team member should take his/her annual leave within 6 months

after it has become due.


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22.6 Where a public holiday falls in a period during which a warehouse team member is on annual leave, 7.6 hours shall be deducted from the 1976 hours which a full-time warehouse team member is required to work in that year with a pro rata deduction for part-time warehouse team members.

22.7 Employee Termination

22.7.1 Upon termination of employment for any reason, a warehouse team member shall be paid for all untaken annual leave accrued in terms of clause 22.1 or 22.2.

22.7.2 In addition to the entitlement prescribed by 22.7.1, a warehouse

team member whose employment is terminated shall be entitled to payment on a pro rata basis for any leave accrued since the anniversary of his or her employment.

22.8 It is expressly recorded that an amount reflecting an annual leave loading of

17.5% has been incorporated into the base wage rates contained in the Agreement.

22.9 All hours of annual leave taken by a warehouse team member shall be

deducted from the hours which that warehouse team member is required to work in that year.

22.10 Whilst Bunnings believes that team members should take their annual leave,

a team member may, by request in writing, apply to have a maximum of 2 weeks of their accrued leave paid to them per annum and forgo this time off, less any applicable taxation deduction, in lieu of taking the 2 weeks’ leave. Such requests would only be granted in exceptional circumstances of extreme financial hardship and where the team member continues to have a minimum of 4 weeks leave remaining after the cashing out of any leave. The granting of such payments in lieu of annual leave shall be at the sole discretion of Bunnings.

23. SICK LEAVE / FAMILY LEAVE

23.1 Full-time warehouse team members shall be entitled to 84 hours’ paid leave

at their ordinary rate of pay, per year as a result of personal ill health or accident or the ill health of an immediate family member or member of the team member’s household, or an accident involving an immediate family member or member of the team member’s household, or an unexpected emergency involving an immediate family member or member of the team member’s household.

Sick/Family leave will accrue in the following manner for full-time team members:

(a) During the first year – 6.46 hours per completed 4 week period; (b) In any subsequent year of service – 84 hours to be credited on the

team member’s anniversary of employment.


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23.1.1 Part-time team members shall accrue, and be entitled to, leave pursuant to this clause on a pro rata basis.

23.1.2 Casual team members shall be entitled to 3.3 hours of sick leave

for every 152 hours worked. 23.2 For the purposes of this clause “immediate family member means a spouse

(including de facto spouse, former spouse, former de facto spouse); an adult child; a dependent child (including an adopted child, a stepchild, a foster child or an ex-nuptial child); parent; grandparent; grandchild or sibling of the warehouse team member or of a spouse of the warehouse team member.

23.3 A warehouse team member shall notify store management of any intended

absence on sick/family leave as soon as possible, and advise store management of the period or expected period of leave. The team member if required by store management must give evidence (such evidence that would satisfy a reasonable person) that leave taken in accordance this clause is taken for its intended purpose.

23.4 A warehouse team member who takes leave under this clause for more than

2 single rostered shifts per year may be required to provide store management with a medical certificate (or where not practicable for the team member, a statutory declaration) or other reasonable proof that his/her non-attendance was due to his/her personal ill-health or accident or the personal ill-health or accident or unexpected emergency affecting an immediate family member or member of the team member’s household.

23.5 Unused sick/family leave shall accrue from year to year. 23.6 A warehouse team member shall not be entitled to be paid for unused

accumulated sick/family leave on termination of employment. 23.7 Payment for leave taken in accordance with this clause shall be calculated on

the number of hours that the warehouse team member was rostered to work on the day/days of absence and the rate of pay for the leave will be at the warehouse team member’s ordinary time rate of pay, meaning no payment of overtime or penalties.

23.8 All hours of leave taken by a warehouse team member pursuant to this

clause shall be deducted from the hours which that warehouse team member is required to work in that year.

23.9 Clause 23.8 shall not apply where a permanent team member has agreed to

work overtime in excess of their agreed annual hours for the year, in accordance with clause 12.1.4. In this instance the team member shall be entitled to be paid sick/family leave for any hours they are rostered but unable to work on account of personal ill health or accident or the ill health, accident or an unexpected emergency affecting a member of the team member’s immediate family or household. In this case the team member shall be paid and have deducted from their sick/family leave balance the number of hours they were rostered to work.


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23.10 A team member may access sick/family leave for the purposes of donating bone marrow or for pre-natal appointments.

23.11 All team members are entitled to an additional two days of unpaid sick/family

leave on each occasion that a member of the team member’s immediate family or household requires care and support due to illness, accident or an unexpected emergency. The unpaid leave referred to in this subclause may only be used when all accrued sick/family leave has been exhausted. Team members taking unpaid carers leave under this clause must provide a medical certificate (or where not practicable for the team member, a statutory declaration) or other reasonable proof of the reasons for their absence when requested by Bunnings.

23.12 A Team Member who is seriously ill/injured, for a period of 10 consecutive

days or more during annual leave may apply to have their annual leave re-credited for the period of illness or injury. A team member who makes such application shall provide a medical certificate from a registered medical practitioner confirming the period and the nature of the illness or injury.

24. COMPASSIONATE LEAVE

24.1 Full-time warehouse team members shall be entitled to compassionate leave

on the death of a wife, husband, father, mother, foster-mother, foster-father, foster-child, step-parent, mother-in-law, father-in-law, brother-in-law, sister-in-law, brother, sister, child, stepchild, grandparent or grandchild. Part-time employees shall be entitled to leave on a pro rata basis.

24.2 For the purposes of this clause “wife” and “husband” shall include de facto

partners. 24.3 Compassionate leave shall be granted as follows:

24.3.1 within the State - up to and including the day of the funeral; 24.3.2 outside the State but within Australia - up to 7 calendar days for

the purpose of attending the funeral; 24.3.3 outside Australia - up to 30 calendar days for the purpose of

attending the funeral.

In the event that the funeral is held prior to the expiration of the number of paid days set out in clauses 24.4, 24.5, 24.6 and 24.7, team members will still be entitled to the remaining balance of these days as leave without deduction of pay.

24.4 In the case of death of a team member’s wife, husband, father, mother,

brother, sister or child compassionate leave granted in accordance with clauses 24.1, 24.2 or 24.3 shall be without deduction of pay for a period not exceeding the number of ordinary hours usually worked by the warehouse team member over 5 days.


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24.5 In the case of death of a team member’s foster-mother, foster-father, foster-child, step-parent, mother-in-law, father-in-law, brother-in-law, sister-in-law, stepchild, grandparent or grandchild compassionate leave granted in accordance with clauses 24.1, 24.2 or 24.3 shall be without deduction of pay for a period not exceeding the number of ordinary hours usually worked by the warehouse team member over 3 days.

24.6 In the event of the death of a child, grandparent or grandchild of a spouse or

de-facto partner of the team member, compassionate leave granted in accordance with clauses 24.1, 24.2 or 24.3 shall be without deduction of pay for a period not exceeding the number of ordinary hours usually worked by the warehouse team member over 2 days.

24.7 In the event of the death of an uncle, aunt, niece or nephew full-time and

part-time team members shall be granted at their request paid time off up to a maximum of one day on the day of the funeral for the specific purpose of attending the funeral. Where the funeral arrangements and personal circumstances permit the warehouse team member to attend for work on part of the day in question it is expected that they will do so.

24.8. All hours of paid leave taken by a warehouse team member pursuant to this

clause shall be deducted from the total number of hours the warehouse team member is required to work in that year.

24.9 A team member is entitled to take two days of paid compassionate leave for

each permissible occasion when a member of his or her immediate family or household is suffering from a serious or life-threatening personal injury or illness.

24.10 A warehouse team member who is granted compassionate leave may be

required to provide proof of death, or leave that is taken in accordance with subclause 24.9 to the satisfaction of Bunnings. A team member taking leave according to this subclause shall give notice to Bunnings as soon as is practicable which provides for the period, or expected period of leave.

25. JURY SERVICE LEAVE

25.1 A full-time warehouse team member shall be allowed special leave when

required for jury service. Part-time employees shall be entitled to leave on a pro rata basis.

25.2 A warehouse team member who is required to give jury service shall notify

the warehouse manager as soon as is reasonably practicable. 25.3 During such special leave the warehouse team member shall be paid the

difference between the jury service fees received and the wages the warehouse team member would have received had he/she worked in the warehouse during that period.

25.4 The warehouse team member shall also provide Bunnings with proof of jury

service fees received.


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25.5 All hours of leave taken by a warehouse team member pursuant to this clause shall be deducted from the total number of hours the warehouse team member is required to work in that year.

26. PARENTAL LEAVE

26.1 Warehouse team members shall be entitled to parental leave in accordance

with Division 5 – Parental Leave and related entitlements in accordance with the National Employment Standards of the Fair Work Act 2009 (“the Act”) and the provisions set out in these clauses, which add to the entitlement under the Act.

26.2 A warehouse team member may access the entitlement to Parental Leave concurrently with their partner or after their partner has taken parental leave.

A team member may take a combination of concurrent and consecutive Parental Leave although, except for the first week after birth, parental leave must be continuous. Provided it shall not be allowed beyond the 2 birthday of the child or, in the case of adoption, the second year of the placement.

26.3 A casual employee who has been employed on a regular and systematic

basis for at least 12 months and, but for the expected birth or placement of a child, would have a reasonable expectation of continuing engagement, will be entitled to Parental Leave.

26.4 Employees may be engaged, on a strictly voluntary basis, on a casual basis

during periods of Parental Leave. Such engagements shall be paid at the appropriate hourly rate in lieu of all leave entitlements and shall not be included as service for any such accruals and will not extend the period of Parental Leave beyond the originally approved period of leave.

26.5 Whilst team members are entitled to a maximum of 52 weeks’ Parental

Leave they may apply for a maximum of up to 104 weeks. However, any period of leave beyond 52 weeks will be subject to approval by store management, premised upon reasonable business grounds.

27. LONG SERVICE LEAVE

27.1 Long Service Leave shall be given and taken in accordance with the relevant

legislative or other provisions in the State in which the warehouse team member in question resides.

27.2 The relevant State provisions (at the time of the certification of this

agreement) is:

27.2.1 Victoria – Long Service Leave Act 1992. 27.2.2 South Australia – Long Service Leave Act 1987. 27.2.3 Western Australia – Long Service Leave Act 2006.


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27.2.4 Queensland – Industrial Relations Act 1999. 27.2.5 New South Wales – Long Service Leave Act 1955. 27.2.6 Tasmania – Tasmanian Long Service Leave Act 1976. 27.2.7 Northern Territory – Long Service Leave Act. 27.2.8 Australian Capital Territory – Long Service Leave Act 1976 (ACT).

27.3 All hours of leave taken by a warehouse team member pursuant to this clause shall be deducted from the total number of hours the warehouse team member is required to work in that year.

28. BLOOD DONOR LEAVE

28.1 Full-time warehouse team members wishing to donate blood during ordinary

working hours shall be entitled to be absent from work for two (2) hours for the purpose of donating blood without deduction of pay.

28.2 The provisions of clause 28.1 above shall apply to a maximum of four (4)

absences per year. 28.3 A warehouse team member wishing to donate blood shall give reasonable

notice of his/her intention to do so and shall also endeavour to arrange to donate blood at either the beginning or end of his/her shift.

28.4 All hours of leave taken by a warehouse team member pursuant to this

clause shall be deducted from the total number of hours the warehouse team member is required to work in that year.

29. DEFENCE RESERVE LEAVE

29.1 A full-time or part-time team member shall be allowed leave of up to two

weeks maximum per year to attend the annual compulsory Defence Forces Reserve training camp.

29.2 During such leave full-time and part-time team members who are required to

attend the annual compulsory two week camp shall receive make up pay up to their ordinary time rate of pay where the team member’s Defence Reserve pay is less than their ordinary time rate of pay.

29.3 To receive payment, the team member shall provide proof of attendance and

proof of the Defence Forces rate of pay and total payment received for the time spent training.

29.4 Team members seeking to take Defence Reserves Leave must apply for

leave in writing at least one month prior to the period of training. The notice must detail the start and finish dates for training.


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29.5 All applications for Defence Reserve Leave shall be supported by reasonable proof from the relevant military authority.

30. EMERGENCY SERVICES LEAVE

30.1 Full-time and part-time team members involved in recognised emergency

response groups, such as the SES and volunteer fire fighters shall be entitled to up to five days’ paid leave, at their ordinary time rate, per year to attend local emergency situations such as bushfires and floods.

30.2 To receive payment, the team member shall provide proof of attendance from

the relevant emergency service. 30.3 All Team members are eligible to take unpaid community service leave in

relation to a voluntary emergency management activity or other activity as provided for in the Fair Work Act. Prior to accessing any unpaid leave, paid leave entitlements under this clause should be accessed.

31. FREEDOM OF ASSOCIATION

31.1 Bunnings honours the principle of freedom of association and acknowledges

the right of every warehouse team member to join or not to join the SDA or to remain or not to remain a member of the SDA.

32. STATEMENT OF SERVICE

Bunnings shall provide on request, a written statement of service specifying the period of employment and the classification of or type of work performed by the warehouse team member prior to their termination of employment.

33. REDUNDANCY

33.1 Where Bunnings has made a definite decision it no longer wishes 15 or more

team members to do the jobs they have been doing to be done by anyone else and that decision may lead to termination of employment, Bunnings will hold discussions with the team members directly affected and where applicable with the SDA.

Where Bunnings has made a definite decision it no longer wishes between one and 14 team members to do the job they have been doing to be done by anyone and that decision may lead to termination of employment, Bunnings will hold discussions with the team members directly affected.

33.2 The discussions will take place as soon as is practicable and will cover,

amongst other matters the reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the team members concerned.


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33.3 For the purposes of the discussion Bunnings will, as soon as practicable, provide in writing to the team members concerned and the SDA, if applicable, all information relevant to the proposed terminations. Provided Bunnings will not be required to disclose confidential information detrimental to Bunning’s interests.

33.4 In addition to the relevant period of notice, a team member who is made

redundant will be entitled to the following amount of severance pay in respect of a continuous period of service:

Rate of Calculation of Amount of Severance Payment Period of Continuous

Service Employees under 45

Employees 45 and over

Less than 1 year Nil Nil

1 year but less than 2 years 4 weeks’ pay 5 weeks’ pay

2 years but less than 3 years 7 weeks’ pay 8.75 weeks’ pay


4 years but less than 5 years 12 weeks’ pay 15 weeks’ pay


6 years and more 16 weeks’ pay 20 weeks’ pay

33.5 “Week’s pay” means the ordinary time rate of pay for the team member

concerned. 33.6 Provided severance payments will not exceed the amount the team member

would have earned if employment with Bunnings had proceeded to the team member’s normal retirement date.

33.7 A team member being made redundant may terminate the employment

during the notice period and remain entitled to the severance payments under this clause. Provided the team member will not be entitled to payment in lieu of notice.

33.8 An employer, in a particular redundancy case, may within eight weeks of the

date of termination, make application to the Fair Work Australia (“FWA”) to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for a team member. The Dispute Resolution Procedure, at clause 36, shall apply, to the extent required, to an application to Fair Work Australia in accordance with any provision of this clause.

33.9 A full-time team member who has been given notice of termination for

redundancy will be entitled to take up to 7.6 hours off per week on full pay, pro rata for a part-time team member, to seek other employment during the notice period as set out in clause 9. The timing of this time off will be mutually agreed with the relevant manager.


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33.10 Where a business is before or after the date of this Agreement, transmitted from one employer (in this subclause called “the transmittor”) to another employer (in this subclause called “the transmittee”) and a team member who at the time of such transmission was a team member of the transmittor in that business becomes a team member of the transmittee:

33.10.1 the continuity of the employment of the team member will be

deemed not to have been broken by reason of such transmission; and

33.10.2 the period of employment the team member has had with the

transmittor or any prior transmittor will be deemed to be service of the team member with the transmittee.

Severance pay will not apply if the team member does not accept an offer of comparable or nearly comparable employment with the transmittee. (In this subclause “business” includes trade, process, business or occupation and includes part of any such business and “transmission” includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and “transmitted” has a corresponding meaning.)

33.11 This clause will not apply to team members with less than one year’s

continuous service and the general obligation on Bunnings should be no more than to give relevant team members an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the team members of suitable alternative employment.

33.12 This clause does not apply to termination for reasons other than redundancy,

or in the case of casual team members, limited tenure team members or team members engaged for a specific period of time or for a specified task or tasks.

34. HEALTH AND SAFETY

34.1 The parties to this Agreement and all team members are committed to safe

working practices and the good health of all team members and where appropriate shall confer regarding OHS issues. This commitment to safety includes seeking to control workplace hazards, reducing the incidence of injury and ensuring occupational rehabilitation processes are in place.

34.2 Bunnings will establish a health and safety committee at each warehouse in

accordance with the requirements of the relevant State legislation. The function of that health and safety committee will include:

34.2.1 facilitating consultation and co-operation within the team in

initiating, developing and implementing measures designed to ensure the safety and health of all team members;


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34.2.2 reviewing and making recommendations on work practices to ensure the safety of the team;

34.2.3 maintaining information regarding hazards that arise or may arise

at the workplace; 34.2.4 consider and make such recommendations as the committee sees

fit in relation to any changes or intended changes to or at the workplace that may reasonably be expected to affect the safety and health of team members;

34.2.5 consider such matters referred to the committee by the OHS

representative and perform such other functions as may be agreed with Bunnings.

34.3 Where necessary the SDA National Secretary and the Bunnings National

Manager of Occupational Health and Safety, or their nominees, will meet to discuss workplace safety issues.

34.4 Bunnings will arrange for OHS Representatives to attend and be paid for

appropriate OHS training courses as required by State legislation. For the avoidance of doubt, nothing in this clause deals with team members bound by the Agreement receiving leave to attend training (howsoever described) provided by a trade union or requires or permits Bunnings to send a team member on paid leave to an OHS training course conducted by a trade union.

34.5 Bunnings will take steps to ensure workplace hazards are identified,

assessed and where necessary appropriately controlled. Such steps will include hazard inspections and accident investigations.

34.6 Bunnings shall provide each warehouse team member with such safety

equipment as may be reasonably necessary to enable the warehouse team member to perform his/her duties. This will include where required the provision of adequate safety footwear.

34.7 If a team member is required to work in the rain the employee shall be

provided with suitable waterproof clothing and, upon request by the employee, with suitable wet weather footwear. Such clothing shall be returned at the end of the team member’s shift.

34.8.1 Nothing in this clause shall remove, diminish or otherwise affect the

application and operation of State and Territory health and safety laws. 3.4.8.2 It is the expectation that the responsibility for providing first aid rests with the

Store Management Team who are not covered by this Agreement.


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35. UNIFORMS

Bunnings is committed to providing appropriate clothing (e.g. polo shirts, windcheater/polar fleece) on commencement of employment and on the anniversary of each team member.

36. DISPUTE RESOLUTION PROCEDURE

36.1 This procedure is an important method at Bunnings for addressing disputes,

inclusive of a dispute relating to the National Employment Standards (with the exception of provisions referred to in sections 65(5) of the Fair Work Act), in relation to a matter arising under this Agreement. It is to be administered and utilised in the spirit and purpose for which it is intended i.e. a fair, objective and prompt review of any dispute in relation to a matter arising under this Agreement.

36.2 In the event of a dispute in relation to a matter arising under this Agreement,

in the first instance the parties will attempt to resolve the matter at the workplace by discussions between the employee concerned and the relevant supervisor and, if such discussions do not resolve the dispute, by discussions between the employee concerned and more senior levels of management as appropriate. This may, for example include a Complex Manager, an Area Manager or Bunnings Human Resources.

36.3 In the event of a dispute arising in relation to a matter under this Agreement,

the following procedure must be followed:

36.3.1 The warehouse team member should discuss the problem first with their team leader or immediate supervisor to resolve the matter. (Time must be set aside and any facts fully investigated to ensure that the warehouse team member receives a specific response within a reasonable time).

36.3.2 If they cannot resolve the matter, the warehouse team member

may raise it with the manager’s manager, or another warehouse team member identified as available to assist with resolving local difficulties, or both of them.

36.3.3 If the matter is not resolved, it should be considered by the

relevant Employee Relations Manager within Bunnings. 36.4 At any stage of the dispute resolution process, a party to the dispute may

appoint another person, organisation or association to accompany or represent them in relation to the dispute. Warehouse team members are entitled to approach the SDA at any stage for advice or assistance.

36.5 If a dispute in relation to a matter arising under the Agreement is unable to be

resolved at the workplace, and all agreed steps for resolving it have been taken, the dispute may be referred to Fair Work Australia for resolution by mediation and/or conciliation and/or arbitration. If arbitration is necessary Fair


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Work Australia may exercise such procedural powers in relation to hearings, witnesses, evidence and submissions that are necessary to make the arbitration effective. For the purposes of this clause, arbitration includes any appeal.

36.6 Work to Continue

While the procedure in 36.3 is being pursued, work must continue in line with the terms of the Agreement, without affecting the rights of either the warehouse team members or Bunnings adversely.

36.7 A decision of Fair Work Australia in arbitration will bind the parties, subject to

either party exercising a right of appeal against the decision to a Full Bench.

37. TIME AND WAGES RECORDS

37.1 The Company shall keep, or cause to be kept, at the principal place of

business, a Time and Wages Record, wherein shall be entered the following information:

37.1.1 The full name, postal address and occupation of each warehouse

team member employed and whether the warehouse team member is being employed on a full-time, part-time or casual contract of service.

37.1.2 The time each warehouse team member commences and finishes

work each day, including any breaks in shift. 37.1.3 The number of hours worked each day by each warehouse team

member and the total hours worked each pay period. 37.1.4 The wages and overtime, if any, and allowances paid to each

warehouse team member each pay period. 37.1.5 The age of any warehouse team member employed on junior rates

of pay.

38. ACCIDENT MAKE-UP PAY

38.1 If a full-time warehouse team member receives weekly compensation

following an accident or injury under the relevant State legislation providing for such compensation and if that weekly compensation is less than the weekly wage set out in Clause 21, then Bunnings agrees to pay the difference between the weekly wage and the weekly compensation subject to the limitations set out in subclause 38.2 below.

38.2 The make up payment made by Bunnings will be limited to the periods

specified in each State Act during which the employee is entitled to receive compensation for injury. In Victoria such payments shall be limited to a maximum of 39 weeks.


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38.3 This clause will not apply to an injury suffered during the first seven consecutive days of employment (including non-working days) in which the warehouse team member is incapacitated.

38.4 Part-time team members shall receive pro-rata make up pay in accordance

with their average weekly hours.

39. SUPPORTED WAGE

39.1 This clause defines the conditions which apply to employees who because of

the effects of a disability are eligible for a supported wage under the terms of this agreement. In the context of this clause, the following definitions will apply:

39.1.1 ‘Supported Wage System’ means the Commonwealth Government

System to promote employment for people who cannot work at full Agreement wages because of a disability, as documented in “[Supported Wage System: Guidelines and Assessment Process]”

39.1.2 ‘Accredited Assessor’ means a person accredited by the

management unit established by the Commonwealth under the Supported Wage System to perform assessments of an individual’s productive capacity within the Supported Wage System.

39.1.3 ‘Disability Support Pension’ means the Commonwealth pension

scheme to provide income security with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme.

39.1.4 ‘Assessment instrument’ means the form provided for under the

Supported Wage System that records the assessment of the productive capacity of the persons to be employed under the Supported Wage System.

39.2 Eligibility Criteria

Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this agreement, because of the effects of a disability on their productive capacity and who meet the impaired criteria for receipt of a Disability Support Pension. (The clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers’ compensation legislation or any provision of this agreement relating to the rehabilitation of employees who are injured in the course of their current employment). The Agreement does not apply to employers in respect of their facility, programme, undertaking service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and


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sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an Organisation which has received recognition under s.10 or under s.12A of the Act, or if a part only has received recognition, that part.

39.3 Supported Wage Rates

Employees to whom this clause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this agreement for the class of work which the person is performing according to the following schedule:

Assessed Capacity (subclause (d))

% of prescribed award rate

10%* 10%

20% 20%

30% 30%

40% 40%

50% 50%

60% 60%

70% 70%

80% 80%

90% 90%

(Provided that the minimum amount payable shall be not less than $71.00 per Week). * Where a person’s assessed capacity is 10%, they shall receive a high

degree of assistance and support. 39.4 Assessment of Capacity

For the purpose of establishing the percentage of the Agreement rate to be paid to an employee under this Agreement, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment by either:

39.4.1 the employer and a union party to the agreement, in consultation

with the employee or, if desired by any of these; 39.4.2 the employer and an accredited Assessor from a panel agreed by

the parties to the Agreement and the employee 39.5 Lodgement of Assessment Instrument

39.5.1 All assessment instruments under the conditions of this clause, including the appropriate percentage of the Agreement wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Fair Work Australia.


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39.5.2 All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the agreement, is not a party to the assessment, it shall be referred by the Registrar to the union by certified mail and shall take effect unless an objection is notified to the Registrar within 10 working days.

39.6 Review of Assessment

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.

39.7 Other Terms and Conditions of Employment

Where an assessment has been made, the applicable percentage shall apply to the wage rate only. 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 agreement paid on a pro rata basis.

39.8 Workplace Adjustment

An employer wishing to employ a person under the provisions of this clause shall take reasonable steps to make the changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.

39.9 Trial Period

39.9.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

39.9.2 During the trial period the assessment of capacity shall be

undertaken and the proposed wage rate for a continuing employment relationship shall be determined.

39.9.3 The minimum amount payable to the employee during that period

shall be no less than $71.00 per week or as amended from time to time.

39.9.4 Work trials should include induction or training as appropriate to

the job being trialed. 39.9.5 Where the employer and employee wish to establish a continuing

employment relationship following the completion of the trial period, a further contract of employment shall be entered into based on the outcome of assessment under subclause (d) hereof.


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40. UNION RELATED MATTERS

40.1 Union Delegates

40.1.1 Bunnings agrees to recognise the right of union delegates to represent the SDA and its members.

40.1.2 Bunnings shall allow union delegates to take paid leave for the

purposes of attending trade union training. Leave shall not be unreasonably refused by Bunnings, however shall be consistent with operational requirements. It is agreed that unreasonable requests for leave will not be made by the SDA.

40.1.3 Notwithstanding the above paragraph, Bunnings shall allow a total

of 10 days per year per store for the training of delegates. This leave shall be non-cumulative.

40.2 Union Recognition and Membership

40.2.1 Bunnings recognises that employees who are covered by this Agreement may be represented by the Shop, Distributive and Allied Employees Association.

40.2.2 Bunnings commits to providing SDA members with payroll

deduction facilities in respect of union fees upon receipt of an Authority to Deduct form signed by the warehouse team member.

41. CONSULTATION

41.1 This clause has application where Bunnings has made a definite decision to

introduce major change and the change is likely to have a “significant effect” on team members.

41.2 Bunnings will notify team members who may be affected by the change, of

the decision to introduce the major change and discuss:

41.2.1 the introduction of the change; 41.2.2 the effect the change is likely to have on the team members; and 41.2.3 measures Bunnings is taking to avert or mitigate the adverse

effect of the change on the team members. 41.3 Bunnings is not required to disclose confidential or commercially sensitive

information. 41.4 Bunnings will give genuine consideration to matters raised about the major

change by the relevant team members.


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41.5 It is acknowledged that the affected team members may appoint the SDA to represent them.

42. INDIVIDUAL FLEXIBILITY AGREEMENTS

42.1 A team member(s) and Bunnings may agree to make an individual flexibility

arrangement to vary the effect of terms of the agreement if:

42.1.1 the arrangement meets the genuine needs of Bunnings and the team member; and

42.1.2 the arrangement is genuinely agreed to by both the team member

and Bunnings; and 42.1.3 the Individual Flexibility Agreement deals with the setting of rosters

as provided for in clause 10.4.1 and/or or the taking of annual leave as set out in clause 22.3.

42.2 Bunnings must ensure that the terms of the individual flexibility arrangement:

42.2.1 are about permitted matters under section 172 of the Fair Work Act 2009;

42.2.2 are not unlawful terms under section 194 of the Fair Work Act

2009; and 42.2.3 result in the team member being better off overall than the

employee would be if no arrangement was made. 42.3 Bunnings must ensure that the individual flexibility arrangement:

42.3.1 is in writing; and 42.3.2 provides for both Bunnings and the name of the team member;

and 42.3.3 is signed by both Bunnings and the team member (in accordance

with approval process as provided for in subclause 42.6) and if the team member is under 18 years of age, signed by a parent or guardian of the team member; and

42.3.4 includes details of:

(a) the terms of the enterprise agreement that will be varied by

the arrangement; and (b) how the arrangement will vary the effect of the terms; and (c) how the team member will be better off overall in relation to

the terms and conditions of his or her employment as a result of the arrangement; and


37

(d) states the day on which the arrangement commences. 42.4 Bunnings must provide a copy of the individual flexibility arrangement to the

team member within 14 days after it is agreed to. 42.5 Bunnings or the team member may terminate the individual flexibility

arrangement:

42.5.1 by giving no more than 28 days written notice to the other party to the arrangement; or

42.5.2 if Bunnings and the team member agree in writing — at any time.

42.6 All Individual Flexibility Agreements are required to be authorised by the National Operations Manager and National Employee Relations Manager or “authorised” delegates. Under no circumstances are individual store management teams or team members to enter into an Individual Flexibility Agreement in the absence of the required approval process. In the absence of this approval process an Individual Flexibility Agreement will not be effective.


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SIGNATORIES Ian Blandthorn Date: National Assistant Secretary Shop Distributive & Allied Employees’ Association Michael Schneider Date: General Manager Operations, National Operations Bunnings Group Ltd

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E-mail [email protected]

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Shop, Distributive and Allied Employees’ Association … Warehouse Agreem… · BUNNINGS WAREHOUSE AGREEMENT 2010 OPERATIVE ON AND FROM 13 JUNE 2011 THROUGH TO 30 JUNE 2013 Shop,