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This Union News explains the public holiday entitlements and trading hour arrangements specifically for Coles
& Bi-Lo Supermarket employees working in New South Wales over this Christmas and the New Year period.
EVENT / DAY
PUBLIC
HOLIDAY
Christmas Eve
Wednesday
24 December
2014
No
Christmas Day
Thursday
25 December
2014
Public
Holiday
Boxing Day
Friday
26 December
2014
Public
Holiday
New Years Eve
Wednesday
31 December
2014
No
New Years Day
Thursday
1 January 2015
Public
Holiday
Australia Day
Monday
26 January 2015
Public
Holiday
PUBLIC
HOLIDAY
PENALTY
RATES
IS WORK
VOLUNTARY?
TRADING ARRANGEMENTS
No
No
(however, work
after 6 pm is
voluntary, subject
to conditions).
Normal Trading Day.
All Coles & Bi-Lo Supermarkets can
trade without restriction on Christmas
Eve.
Yes
Restricted Trading Day.*
All Coles & Bi-Lo Supermarkets must
close, unless they have been granted
a restricted trading exemption.
Yes
Yes
Restricted Trading Day.
All Coles & Bi-Lo Supermarkets must
close, unless they have been granted
a restricted trading exemption.
No
No
(however, work
after 6 pm is
voluntary, subject
to conditions).
Normal Trading Day.
All Coles & Bi-Lo Supermarkets can
trade without restriction on New Years
Eve.
Yes
Normal Trading Day.
All Coles & Bi-Lo Supermarkets can
trade without restriction on New Years
Day.
Yes
Normal Trading Day.
All Coles & Bi-Lo Supermarkets can
trade without restriction on Australia
Day.
Yes
Yes
Yes
* In previous years, it has been the practice of Coles & Bi-Lo Supermarkets to close on Christmas Day
The SDA has worked hard over many years to ensure that our members get time off work to spend with their
families on special occasions such as Christmas, New Year & Australia Day. or where they choose to work they receive the proper compensation.
This leaflet explains the public holiday entitlements that apply to you this festive season.
If you have any questions about your public holiday entitlements or trading arrangements over
the Christmas /New Year period, please speak to your Store Union Delegate, contact your
Organiser or phone the SDA Office on (02) 4961 4694.
Have a happy and relaxing holiday period and please remember, if you are on the roads,
drive safely.
SDA Secretary,
Barbara Nebart
Coles & Bi-Lo
Supermarkets
PUBLIC HOLIDAY
& TRADING HOUR
ARRANGEMENTS
IN NSW AT
CHRISTMAS & IN
THE NEW YEAR
Work on All Public Holidays is Strictly Voluntary
The Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty
Ltd Retail Agreement 2011 (’the Agreement’) states:
“A Team Member cannot be required, but may
volunteer to work on any public holiday as provided
for in this clause.” (Clause 6.14.5)
Therefore, under no circumstances can a team
member be required to work on a public holiday
against their wishes.
Authorised by Barbara Nebart, Secretary, Shop, Distributive And Allied
Employees’ Associaton, Newcastle & Northern Branch
WORKING ON CHRISTMAS EVE & NEW YEAR’S EVE 2014
The Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty Ltd Retail
Agreement 2011 (’the Agreement’) provides that work after
6.00pm on Christmas Eve and New Year’s Eve is voluntary,
subject to certain conditions being met. (Clause 6.14.9) The
conditions are:
• Team members need to advise the company at least four
weeks prior to Christmas Eve and/or New Year’s Eve that
they do not wish to work after 6.00 pm on that day;
•
The Company shall initiate a process to determine if any permanently rostered team members
do not seek to work their rostered hours after 6.00pm on
Christmas or New Year’s Eve. This process shall also inform
team members that such work is voluntary;
• In cases of permanently rostered team members not
wanting to work at these times, they shall be rostered to
work on another day or time in the four-week cycle as part
of their ordinary hours, and paid ordinary rates of pay.
• Volunteers will be sought at least seven days prior
to Christmas Eve and New Years Eve in cases where
permanently rostered team members do not seek to work
on that day or time. In considering whether to work after
6.00pm on Christmas Eve, team members are asked to have
regard for customers’ expectations and business operational
requirements.
• If insufficient volunteers are obtained for work between
6.00pm and 9.00pm on New Year’s Eve then the company
shall have the right to direct the working of a team
member’s normal roster so that a reasonable staffing level is
reached.
CHRISTMAS DAY, THURSDAY 25 DECEMBER 2014
Christmas Day is a public holiday in New South Wales.
Christmas Day is also a restricted trading day. This means that a
Coles or Bi-Lo Supermarket can only trade where it is permitted
to open with the appropriate exemption. In the past however,
Coles & Bi-Lo Supermarkets have remained closed on Christmas
Day in all stores.
Team members normally rostered to work on this day will be
entitled to payment for the day based on their ordinary-time
earnings (and additional penalties as appropriate) for the hours
normally rostered to work. (Clause 6.14.5(c))
Full-time team members, part-time employees who work an
average of 20 starts per four-week cycle and part-time team
members who have an alternating roster which includes a
Thursday in their four-week roster cycle and who are not rostered
to work on Thursday 25 December, are entitled to the payment
of the non-working-day entitlement for this day.
BOXING DAY, FRIDAY 26 DECEMBER 2014
Boxing Day 2014 is a public holiday in NSW. Boxing Day is also
a restricted trading day. This means that a Coles or Bi-Lo
Supermarket can only trade where it is permitted to open with
the appropriate exemption.
As Boxing Day is a public holiday, a team member may agree,
but cannot be required to work on the day.
Full-time team members, part-time employees who work an
average of 20 starts per four-week cycle and part-time team
members who have an alternating roster which includes a Friday
in their four-week roster cycle and who are not rostered to work
on Friday 26 December, are entitled to the payment of the nonworking-day entitlement for this day.
Stores Open For Trade on Boxing Day
In New South Wales the Retail Trading Act 2008 provides that only
stores that have been granted a restricted trading exemption,
or stores that are located within the Sydney Trading Precinct can
open for trade on Boxing Day, Friday 26 December.
Team members who volunteer to work on the day will be paid
the public holiday rate of pay.
Stores Not Open For Trade on Boxing Day
Team members normally rostered to work on Boxing Day in stores
that are closed, will be entitled to payment for the day, based
upon their ordinary-time earnings (and in addition penalties as
appropriate) for the hours normally rostered to work (Clause
6.14.5(c)).
NEW YEAR’S DAY, THURSDAY 1 JANUARY 2015
New Year’s Day is a public holiday in New South Wales.
All stores are allowed to open for trade.
Team members who are rostered to perform work on Thursday 1
January are entitled to public holiday benefits for the day.
Full-time team members, part-time employees who work an
average of 20 starts per four-week cycle and part-time team
members who have an alternating roster which includes a
Thursday in their four-week roster cycle and who are not rostered
to work on Thursday 1 January, are entitled to the payment of
the non-working-day entitlement for this day.
AUSTRALIA DAY PUBLIC HOLIDAY, MONDAY 26 JANUARY
2015
Australia Day is a public holiday in New South Wales.
All stores are allowed to open for trade.
Employees who are rostered to perform work on Monday 26
January 2015, are entitled to public holiday benefits for the day.
Full-time employees, five-start part-time employees and part-time
employees who work a roster which includes a Monday and who
are not rostered to work on Monday 26 January, are entitled to
the payment of the non-working-day benefit for this day.
WHAT DO I GET PAID IF I WORK ON A PUBLIC HOLIDAY?
Your Agreement provides that all work performed on a public
holiday is paid at the rate of double-time-and-a-half with a
minimum payment for three hours of work.
Casuals receive 270% of the ordinary hourly rate for all time
worked on a public holiday.
Shop Distributive & Allied Employees’ Association Newcastle & Northern Branch
Branch Secretary: Barbara Nebart
PO Box 118, Hamilton, NSW 2303 Telephone: (02) 4961 4694
Email: [email protected] Website: www.sdan.org.au
DO I HAVE TO WORK ON A PUBLIC HOLIDAY?
Your Agreement provides that all work performed on a public
holiday is voluntary.
Full-time and part-time team members who are normally
rostered on, but exercise their right not to work, receive the
benefit of the public holiday by having the day off and being
paid the wages they would have received if they worked the
day.
DO I GET PAID IF A PUBLIC HOLIDAY FALLS ON MY
NON-ROSTERED DAY?
The non-working day provision of the Agreement (Clause
6.14.7) applies to:
• Christmas Day, Thursday 25 December 2014;
• Boxing Day, Friday 26 December 2014
• New Year’s Day Thursday 1 January 2015; and
• Australia Day, Monday 26 January 2015.
A full-time team member whose non-working day falls on a
public holiday shall receive by mutual agreement either:
• Payment of an additional day’s wages, or
• Another day off with pay, as follows:
- during the week prior to the holiday. - in conjunction with the next period of annual leave taken, or
- within 28 days after the public holiday falls. If not taken within 28 days, the day will be paid out.
In the event that mutual agreement cannot be reached, the
team member shall be paid an additional day’s wages.
Part-time employees will receive this benefit if they work an
average of 20 starts per four-week cycle, or if the employee
works an alternating roster and the public holiday falls on a day
on which the team member works in any week of their roster
cycle.
Casual team members do not receive a benefit for a public
holiday that they do not work.
CAN MY EMPLOYER CHANGE MY ROSTER TO AVOID
PAYING ME A PUBLIC HOLIDAY BENEFIT?
No. The Agreement provides that ‘a team member’s roster may
not be changed with the intent of avoiding payment of
penalties or loadings, or other benefits applicable. Should such
circumstances arise, the team member shall be entitled to such
penalty, loading or benefit, as if their roster had not changed’.
(Clause 5.3.5)
Unless you make the the request to go home early or you
agree, where you are rostered to work a set number of hours
on a public holiday and you are sent home early by the
company, it is the SDA’s position that you must still be paid for
the total number of hours that you agreed to work. This applies
even to casuals.
If your roster is changed to your detriment over the Christmas/
New Year period, or if you are not paid correctly, you should
contact the Union without delay.
Team members are encouraged to speak to their Line
Manager in the event of any concern about their pay or roster.