RETAIL INDUSTRY AWARD STATE TO FOOD, BEVERAGE AND TOBACCO MANUFACTURING AWARD 2010 (AN to MA000073)

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1 These summaries are for members only. Please do not download these documents and pass them on to other bakeries as they may not apply to their business. These summaries have intellectual property. By distributing these to non-members you are allowing people to have the benefit of what is included in your membership fee without paying for it and this will have an impact on membership fees in general i.e. fees would need to be increased. P P RETAIL INDUSTRY AWARD STATE TO FOOD, BEVERAGE AND TOBACCO MANUFACTURING AWARD 2010 (AN to MA000073) PLEASE NOTE: THIS IS A GUIDE ONLY FOR EMPLOYERS USING THE TRANSITIONAL PROVISIONS OF THE MODERN AWARD. THIS IS A CONTROLLED DOCUMENT IN ITS ELECTRONIC FORM. ANY HARD COPIES OF THIS DOCUMENT ARE NOT CONTROLLED AND SHOULD BE CHECKED AGAINST THE ELECTRONIC FILE VERSION PRIOR TO USE. TRANSITION SUMMARY FOR BUSINESSES THAT DID NOT EMPLOY STAFF PRIOR TO 27 MARCH 2006 As at 1/07/2013 IMPORTANT NOTICE: Gregory Terrace Spring Hill QLD 4000 Ph: Fax: (07) The details contained within this Award Summary are only applicable to businesses that were established after 26 March 2006 (and did not employ staff prior to 27 March 2006). This schedule does NOT apply if the businesses was purchased as an ongoing business and employees transferred from the former owner. Please ensure you are referring to the appropriate Award Transition Summary relevant to your business.

2 CONTENTS INSTRUCTIONS (Please read these before continuing on) 3 FULLTIME/PART-TIME DAYWORKERS Mondays to Fridays, Saturdays, Sundays, and Public Holidays 4 Overtime 4 CASUAL DAYWORKERS Mondays to Fridays, Saturdays, Sundays, and Public Holidays 5 Overtime 5 FULLTIME/PART-TIME SHIFTWORKERS Instructions on shift work 6 Mondays to Fridays - Early Morning Shifts 7 - Afternoon Shifts 7 - Night Shifts 7 - Night Shifts Only 7 - Ad Hoc Night Shifts 8 - Ad Hoc Afternoon Shifts 8 Saturdays, Sundays, and Public Holiday 9 CASUAL SHIFTWORKERS Instructions on shift work 10 Mondays to Fridays - Early Morning Shifts 11 - Afternoon Shifts 11 - Night Shifts 11 - Night Shifts Only 11 - Ad Hoc Night Shifts 12 - Ad Hoc Afternoon Shifts 12 Saturdays, Sundays, and Public Holiday 13 JUNIOR EMPLOYEES 14 ALLOWANCES

3 SUMMARY OF TRANSITION PAYMENTS RETAIL INDUSTRY AWARD TRANSITIONED TO FOOD, BEVERAGE AND TOBACCO MANUFACTURING AWARD 2010 The transitional provision allows employers to gradually convert to the new rates of pay over a 5 year period. We will update this summary every year during the Transition Period. The figures displayed in this document are applicable from the first full pay period on or after 1 July HOW TO USE THESE TRANSITION TABLES In order to find the rate of pay for each employee you must: 1) Determine whether they are a full-time/part-time or casual employee 2) Whether they are a Junior 3) Whether they are a Day worker or Shift worker 4) Then consult the Contents page to find the relevant section The first column of the tables will depict an employee s Old Classification and what Level they will be transferred to in the Modern Award. In order to determine this, employers will need to compare the definitions of the Old Classification against the Modern Award Levels. (Definitions of these classifications/levels can be found within the respective awards themselves, or in the Award Summary Sheets provided on the NBIA website). The percentage shown under the heading of each column is the percentage applied to the respective classification wage rate. This includes calculations for casual rates where the percentage has been adjusted so as to apply to the BASE rate of pay. Please take notice of the NOTE and BE AWARE instructions throughout this document. 3

4 The following are the rates of pay for FULLTIME/PART-TIME DAYWORKERS on MONDAYS to FRIDAYS Hours before 6am are at Overtime rates. 1st July 2013 Monday to Friday Ord Rate 6am - 6pm 6pm - Midnight 6pm - Midnight (first 3hrs) 100% 140% 180% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level The following are the rates of pay for FULLTIME/PART-TIME DAYWORKERS on SATURDAYS, SUNDAYS, and PUBLIC HOLIDAYS Saturdays Sundays Public Holidays 6am - 6am - Midnight (first 3hrs) Midnight (first 3hrs) 140% 140% 140% 180% 180% 180% 220% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level The following are the rates of pay for FULLTIME/PART-TIME DAYWORKERS performing OVERTIME Overtime Sunday Overtime Time Half Double Time Double Time 150% 200% 200% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level

5 The following are the rates of pay for CASUAL DAYWORKERS on MONDAYS to FRIDAYS.SATURDAYS, SUNDAYS, and PUBLIC HOLIDAYS Hours before 6am are at Overtime rates. 1st July 2013 Monday to Friday Casual Rate 6am - 6pm 6pm - Midnight (first 6pm - Midnight 3hrs) 124.6% 124.6% 184.6% 264.6% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level The following are the rates of pay for CASUAL DAYWORKERS on SATURDAYS, SUNDAYS, and PUBLIC HOLIDAYS 6am - Midnight Saturdays Before 6am (first 3hrs) 6am - Midnight Sundays (first 3hrs) Public Holidays % % % % % % % Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level The following are the rates of pay for CASUAL DAYWORKERS performing OVERTIME Overtime Sunday Overtime Time Half Double Time Double Time 150% 200% 200% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level

6 The following are the rates of pay for FULLTIME/PART-TIME SHIFTWORKERS on MONDAYS to FRIDAYS ** READ THIS: IMPORTANT NOTE FOR ALL SHIFTWORKERS: Shift worker rates are governed by either the shift commencement time OR the shift finishing time. It is important to align the times with the relevant shift allowance. Early Morning Shift: Means any shift commencing between 3.00am (2.00am for baking production employees) and 6.00am. Afternoon Shift: Means any shift finishing after 6.00pm and at or before midnight. Night Shift: Means any shift finishing after midnight and at or before 8.00am OR any shift commencing between midnight and 3.00am (2.00am for baking production employees). Night Shift Only: Means an employee who: (i) During a period of engagement on shift, works night shift only; or (ii) Remains on night shift for a longer period than four consecutive weeks; or (iii) Works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at leave one third of their working time off night shift in each shift cycle. AD HOC Arvo/Night Shift: Means an employee who works on an afternoon or night shift which does not continue: (i) For at least five successive afternoon or night shifts or six successive afternoon or night shifts in a six day workshop; or (ii) For at least 38 ordinary hours This means that if your employee does not do ALL afternoon/night shifts in one week, they will be paid as an AD HOC Shift worker. (E.g. if an employee does four night shifts and one day shift, then instead of receiving the night shift penalty for the first four shifts, they will receive the AD HOC night shift penalty for those shifts. IF an employees commencing or finishing time does not align with any of the shift work allowances then that employee will be paid as a day worker and receive the ordinary rate of pay (see below). For example, a shift from 7am to 3pm would receive the ordinary rate of pay. 1st July 2013 Ord Rate Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level

7 EARLY MORNING SHIFTS: 1st July 2013 Early Morning Shift Ord Rate Hours 3am - 6am Hours after 6am 110.0% 110.0% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level AFTERNOON SHIFTS: 1st July 2013 Afternoon Shift Ord Rate 112% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level NIGHT SHIFTS: Hours before midnight Night Shift Midnight - 6am (First 3hrs) Midnight - 6am (Thereafter) Hours 6am onwards 112% 112% 112% 112% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level

8 NIGHT SHIFT ONLY: Hours before midnight Night Shift Only Midnight - 6am (First 3hrs) Midnight - 6am (Thereafter) Hours 6am onwards 124% 134% 144% 124% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level AD HOC NIGHT SHIFTS: Hours before midnight (first 3hrs) Hours before midnight AD HOC Night Shift Midnight - 6am (if first 3hrs) Midnight - 6am (if first 3hrs of shift has passed) Midnight - 6am Hours 6am onwards 140% 180% 140% 180% 180% 180% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level AD HOC AFTERNOON SHIFTS: AD HOC Afternoon Shift First 3hrs Hours Thereafter 140% 180% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level

9 The following are the rates of pay for FULLTIME/PART-TIME SHIFTWORKERS on SATURDAYS, SUNDAYS, and PUBLIC HOLIDAYS Saturdays Sundays Public Holidays 6am - Midnight (first 3hrs) 6am - Midnight (first 3hrs) 140% 140% 140% 180% 180% 180% 220% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level

10 The following are the rates of pay for CASUAL SHIFTWORKERS on MONDAY to FRIDAYS ** READ THIS: IMPORTANT NOTE FOR ALL SHIFTWORKERS: Shift worker rates are governed by either the shift commencement time OR the shift finishing time. It is important to align the times with the relevant shift allowance. Early Morning Shift: Means any shift commencing between 3.00am (2.00am for baking production employees) and 6.00am. Afternoon Shift: Means any shift finishing after 6.00pm and at or before midnight. Night Shift: Means any shift finishing after midnight and at or before 8.00am OR any shift commencing between midnight and 3.00am (2.00am for baking production employees). Night Shift Only: Means an employee who: (i) During a period of engagement on shift, works night shift only; or (ii) Remains on night shift for a longer period than four consecutive weeks; or (iii) Works on a night shift which does not rotate or alternate with another shift or with day work so as to give the employee at leave one third of their working time off night shift in each shift cycle. AD HOC Arvo/Night Shift: Means an employee who works on an afternoon or night shift which does not continue: (i) For at least five successive afternoon or night shifts or six successive afternoon or night shifts in a six day workshop; or (ii) For at least 38 ordinary hours This means that if your employee does not do ALL afternoon/night shifts in one week, they will be paid as an AD HOC Shift worker. (E.g. if an employee does four night shifts and one day shift, then instead of receiving the night shift penalty for the first four shifts, they will receive the AD HOC night shift penalty for those shifts. IF an employees commencing or finishing time does not align with any of the shift work allowances then that employee will be paid as a day worker and receive the ordinary rate of pay (see below). For example, a shift from 7am to 3pm would receive the ordinary rate of pay. 1st July 2013 Casual Rate 124.6% Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level

11 EARLY MORNING SHIFTS: Hours 3am - 6am Hours after 6am % % Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level AFTERNOON SHIFTS: Afternoon Shifts % Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level NIGHT SHIFTS: Hours before midnight Midnight - 6am (First 3hrs) Midnight - 6am (Thereafter) Hours 6am onwards % % % % Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level NIGHT SHIFTS ONLY: Night Shift Night Shift Only Hours before midnight Midnight - 6am (First 3hrs) Midnight - 6am (Thereafter) Hours 6am onwards % % % % Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level

12 AD HOC NIGHT SHIFT: Hours before midnight (first 3hrs) Hours before midnight AD HOC Night Shift Midnight - 6am (if first 3hrs) Midnight - 6am (if first 3hrs of shift has passed) Midnight - 6am Hours 6am onwards % % % % % % Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level AD HOC AFTERNOON SHIFT: AD HOC Afternoon Shift First 3hrs Hours Thereafter % % Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level To calculate junior rates (including for casuals), select the junior BASE rate of pay for the appropriate Classification Level and Age of the junior employee 12

13 The following are the rates of pay for CASUAL SHIFTWORKERS on SATURDAYS, SUNDAYS, and PUBLIC HOLIDAYS Saturdays Sundays Public Holidays 6am - Midnight Before 6am (first 3hrs) 6am - Midnight Before 6am (first 3hrs) % % % % % % % Shop Assistant - Level Shop Assistant - Level Shop Assistant - Level st Level Supervisor - Level st Level Supervisor - Level nd Level Supervisor - Level Shop Manager - Level

14 Junior BASE rates Age: (Shop Assist. - Level 2) 1st July 2013 FT Junior Rate Under 16 years of age years of age years of age years of age years of age years of age To calculate junior rates (including for casuals), select the junior BASE rate of pay for the appropriate Classification Level and Age of the junior employee Then find the table that describes the type of employee and shift for this calculation: FULLTIME/PART-TIME DAYWORKERS Mondays to Fridays, Saturdays, Sundays, and Public Holidays 4 Overtime 4 CASUAL DAYWORKERS Mondays to Fridays, Saturdays, Sundays, and Public Holidays 5 Overtime 5 FULLTIME/PART-TIME SHIFTWORKERS Instructions on shift work 6 Mondays to Fridays - Early Morning Shifts 7 - Afternoon Shifts 7 - Night Shifts 7 - Night Shifts Only 7 - Ad Hoc Night Shifts 8 - Ad Hoc Afternoon Shifts 8 Saturdays, Sundays, and Public Holiday 9 CASUAL SHIFTWORKERS Instructions on shift work 10 Mondays to Fridays - Early Morning Shifts 11 - Afternoon Shifts 11 - Night Shifts 11 - Night Shifts Only 11 - Ad Hoc Night Shifts 12 - Ad Hoc Afternoon Shifts 12 Saturdays, Sundays, and Public Holiday 13 EXAMPLE: BASE rate for juniors 17 years of age = $12.86 Percentage to apply to pay for a CASUAL DAYWORKER ON PUBLIC HOLIDAYS is % (see table on page 5). Rate of pay is $12.86 multiplied by % = $

15 Allowances: Meal Allowance: Meal Allowance of $12.98 (or the provision of an adequate meal) must be paid to a worker working overtime on each occasion where the day worker was not notified that they were working overtime on the previous day or when the shift worker was not notified on the previous shift. If the employee provides their own meal for overtime and the overtime is cancelled or they do not work the hours previously advised they will be paid the meal allowance for the meal that is surplus. Leading Hand: In charge of: 3-10 employees 166.3% per week extra of the standard rate employees 248.4% per week extra of the standard rate More than 20 employees 316.2% per week extra of the standard rate Heavy Vehicle Driving Allowance: Over 3 tonnes GVW and up to 4.5 tonnes Over 4.5 tonnes GVW and up to tonnes Over tonnes GVW Semi trailer 0.6% of the standard rate per hour extra 5.00% of the standard rate per hour extra 6.6% of the standard rate per hour extra 11.9% of the standard rate per hour extra Vehicle Allowance: An employee who uses their own vehicle in the course of their job will receive $0.76 per kilometre. First Aid Allowance: A qualified person who is designated to do first aid duty must be paid 75.6% of the standard rate extra per week. Damage to Clothing, Spectacles and Hearing Aids: If the damage is a result of the employee performing their duties and as a result of negligence of the Employer the employer is liable for replacement, repair or cleaning. Special Clothing and Equipment Allowance: Where the employee is required to wear special clothing and equipment, e.g. uniform or coloured clothing the employer must reimburse the employee for the cost of purchasing and laundering such clothing and equipment unless the clothing and equipment is paid and/ or laundered by the employer. Cold Work (By Artificial Means): An employee who works for more than one hour in places where the temperature is below 0 c must be paid an extra 2.8% of the standard rate per hour. In addition where the work continues for more than two hours, the employee is entitled to twenty (20) minutes paid rest break every two (2) hours. Hot Places (By Artificial Means): An employee who works for more than one (1) hour where the temperature is between 46 and 54 degrees Celsius, must be paid an extra 2.9% of the standard rate per hour. In excess of 54 degrees Celsius must be paid extra 3.8% of the standard rate per hour. Where work continues for more than two hours the employee is entitled to a twenty (20) minute paid rest break every two (2) hours. 15

16 Wet Places: An employee working in a place where their clothing or boots are saturated by water, oil or another substance, must be paid an extra 2.9% of the standard rate per hour unless the employer provides the employee with protective clothing. Confined Spaces: An employee working in confined space must be paid an extra 3.8% of the standard rate per hour. Dirty or Dusty Work: An employee working in unusually dirty, dusty or offensive nature must be paid an extra 2.9% of the standard rate per hour. Training: All costs associated with standard fees for prescribed courses and textbooks incurred by the employee in connection with training agreed to by the employer must be reimbursed by the employer on production of evidence. Travel costs incurred by an employee in undertaking the training must be reimbursed by the employee. District Allowance: Northern Territory and Western Australia An employee is entitled to payment of district allowance in accordance with the NAPSA prior to 1 st January 2010 will continue to apply until 31 st December Annual Bonus or Christmas Allowance: If an annual bonus or Christmas allowance was in your state award (NAPSA) prior to the 01/01/2010 then the employee is entitled to receive this until 31/12/2014. Overtime: Overtime is 150% for the first three hours and 200% thereafter until completion of the overtime work for day workers and shift workers. A shift worker who is required to work on their rostered day off without 7.6 hours notice shall be paid at 200%. Continuous shiftwork will be paid overtime at 200%. An employee must be provided with ten (10) consecutive hours off duty after overtime or be released from duty on full pay until ten (10) hours has elapsed. If this does not occur then they are paid at the rate of 200% until they are released from duty for ten (10) consecutive hours. Call Back: An employee recalled to work overtime must be paid a minimum of four (4) hours. Stand By: Where the employee is required to hold themselves in readiness to work after ordinary hours, the employee must be paid standing by time at the ordinary rate for the time they are standing by. Rest Break on Overtime: An employee working more than one and a half hours overtime must be provided with a paid twenty(20) minutes rest break at ordinary rate of pay. 16

17 Transport of Employee on Overtime: An employee finishing overtime when reasonable means of transport is not available. The employer must provide transport or pay the employee at overtime rates for the reasonable time for the employee to reach home. Ph: Fax: (07) Gregory Terrace Spring Hill QLD