PROPOSED DAVID JONES AGREEMENT 2018
Good news! The new David Jones Agreement has been approved by the Fair Work Commission.
The new Agreement will take effect from 26 February 2019.
This is a fantastic outcome for employees at David Jones.
The new David Jones Agreement secures your pay and conditions over the next few years and includes pay rises in July each year.
Remember, employees will receive increased penalty rates under the new Agreement as follows:
– 40% casual loading on Saturdays
– 180% for permanent employees on Sundays
– 185% for casual employees on Sundays (including casual loading)
Once the new Agreement comes into effect check your pay slip to make sure you are being paid correctly.
The SDA thanks union members for your support. Your union membership has helped to protect and improve your pay and conditions at David Jones.
The proposed Agreement provides for annual wage increases on July 1 each year. Increases to these rates of pay will be based on the pay rise the SDA, with the ACTU, secures at the Fair Work Commission in the Annual Wage Review (AWR).
The Level 1 rate will increase by the AWR increase and the higher levels are paid at a higher percentage of the Level 1 rate. The following rates of pay apply under the new David Jones Enterprise Agreement 2018. The Monday -Friday 6pm-11pm casual rates apply from a positive vote of employees. Other increases apply from the approval of the agreement by the Fair Work Commission
Penalty rates and casual loadings will increase under the new Agreement. Some of these increases have already been implemented as a result of ongoing negotiations, including an increase in the casual loading from 20% to 25% and the introduction of Saturday penalty rates.
Casual penalty rates will increase over the life of the Agreement for work on Monday to Friday 6pm to 11pm and on Saturdays. This is a result of the SDA winning our case in the Fair Work Commission for casual employees to receive penalty rates in addition to casual loading on weeknights and Saturdays.
The table below sets out how and when penalty rates and loadings will change over the life of this Agreement:
*Following the case run by employer organisations to reduce penalty rates in the Retail Award the Fair Work Commission (FWC) decided to reduce the Sunday Penalty rate over the next 3 years. Under the new Agreement your Sunday penalty rate will increase initially, but will then decrease over the life of the Agreement in line with the decision of the FWC. Public holiday penalty rates have been reduced to 125% for permanent employees in line with the FWC decision.
The spread of ordinary hours has been changed:
Overtime is paid for all hours worked outside of the spread of ordinary hours. Current savings arrangements for work on Monday to Friday and Saturday continue and has been extended to Sundays, so that employees will only be rostered to work after 6:00pm Saturday, after 7:00pm Sunday and after 9:30pm Monday to Friday on a voluntary basis unless employees accept positions where work after these times are part of the role.
The rate and time at which overtime payments apply has changed as shown in the table below:
The overtime meal allowance has been increased from $13.81 to $18.29. A second meal allowance of $16.57 has
also been introduced when overtime worked exceeds 4 hours. The meal allowances will increase on 1 July each
year in line with the increase in the Retail Award.
The Classification Structure has been simplified and amended to better reflect the current roles employees are performing at David Jones. Some of the amendments include:
• Revised list of roles in the Sales Classification Structure
• Expansion of the structure from 3 Levels to 4 Levels
• Removal of the clerical classification structure due to no employee performing the roles as contained in the
existing classification structure.
From 1 July 2019 the rates of pay for classifications will be paid the following percentage of the Level 1 rate:
If any employees are affected by the changes they will be notified by David Jones and the impact of the change
will be explained. If there are any employees negatively impacted, their rate of pay will be maintained and they will receive 50% of the annual wage increases until such time as the rate for their new classification reaches their rate of pay.
Higher duties will now be paid for all time worked if performing higher duties for 2 hours or less or for the entire shift if performing higher duties for more than 2 hours. The current Agreement requires employees to perform the higher duties for more than 4 hours.
Removal of the additional shifts provision
Employees will not be able to work more than one shift on any day at the ordinary rate of pay. If you do work an additional shift in one day you must be paid for the second shift at overtime rates.
Change to the maximum shift length.
The current agreement provides for 2 long days (10.5 hours) per week or 4 per fortnight. Under the proposed Agreement, employees can only be rostered on one long day (11 hours) per week or 2 per fortnight.
Change to break between shifts
A 12-hour break between ceasing a shift on one day and commencing a shift on the next is required unless an employee and David Jones agree to reduce the break to 10 hours.
Maximum starts per week
Under the proposed Agreement permanent employees rostered to work 6 days in one week, may only be rostered a maximum of 4 days in the following or preceding week rather than the current 5 days.
Ready to work at start of shift
The proposed agreement contains a new clause that requires employees to be ready and able to fulfil the inherent tasks at the commencement of their shift.
RDO for Full-time employees
Full-time employees will be provided a roster on not more than 19 days, unless there is agreement between the employee and David Jones to work 20 days. Currently in most stores full-time staff can be rostered for up to 20 days per 4 weeks.
Removal of the 20% cut in part-time hours clause
The clause allowing David Jones to reduce a part-time employee’s core hours by 20% has been removed. Under the new Agreement, reducing a part-time employee’s core hours can only be done in the case of a partial redundancy. Any part-time employee who had their hours cut by 20% under previous agreements will have the right to increase their hours as per the provisions in the previous agreements.
Increase in Core Hours for Part-time employees
A new clause has been included which allows a part-time employee who has worked a regular pattern of additional hours on an ongoing basis over an anniversary year to request an increase
in their core hours. David Jones must genuinely consider a request and only refuse if there are reasonable business grounds.
Employees engaged on limited tenure period specifically for Christmas and Clearance will be provided with indicative rosters which will be finalised prior to commencement.
Part-time Additional Hours:
The Part-Time Flex Up clause has been replaced with a Part-time Additional Hours clause. The main changes to this provision are as follows:
• David Jones will seek agreement from part-time employees to work additional hours beyond their core hours and the times they are available to work
• Employees will need to notify of a change in availability to work additional hours 2 weeks before the additional hours are rostered.
• Once rostered, employees will need to notify David Jones ASAP if they are unable to work the additional hours.
• Agreed additional hours are paid at ordinary rates up to less than 38 hours per week and less than 152 hours per 4 week cycle. Leave will accrue on all ordinary hours worked.
• Employees may withdraw their agreement to work additional hours with 7 days written notice.
• David Jones will give preference to part time employees in allocating additional hours, including those that become available at short notice.
Maximum number of part-time hours per week
Currently, a part-time employee can be rostered to work between 10 and up to 36 hours a week and between 40 and 144 hours in a 4 week cycle. Under the proposed Agreement, a part-time employee can work between 10 hours and less than 38 hours and between 40 hours and less than 152 hours in a 4 week cycle.
Shorter shifts for training
Attendance at shorter, 2 hour training shifts will now be voluntary for part-time employees under the Agreement.
Permanent Employees – Work on Sundays
The current provision of permanent employees being rostered a maximum of 3 Sundays in a 4 week cycle has been retained. In addition, the proposed Agreement makes it clear that where an employee agrees to work an alternative arrangement, they can terminate that agreement by giving 4 week’s notice to the Company. Current clause 7.4.5 referring to Company not obliging employees to work a core hour roster of more than 2 Saturdays and 2 Sundays in a four week cycle has been removed as it was
inconsistent. Existing savings provisions for Sunday work have been retained.
New casual conversion clause
A new provision is included in the new
Agreement, following a successful case run by the ACTU and unions including the SDA in the FWC. Casual employees who have worked a regular roster for more than 12 months are able to request
to be converted to permanent.
Shorter training shift removed
The minimum shift for a casual employee is 3 hours. The 2 hour minimum shift for training purposes has been removed.
Clearance and Christmas
The reference to casuals working 48 hours per week over Christmas and clearance periods has been removed.
The Agreement has been amended so that where a public holiday or bank holiday occur on a Monday, Tuesday or Wednesday wages will be paid no later than Thursday in that week.
Work on Public Holidays remains voluntary.
A new provision has been included in the public holidays clause for work between 6pm and 7.30pm on Christmas Eve. David Jones will post a roster at least 14 days in advance for work between 6pm and 7.30pm. Employees will be given an opportunity to advise if they do not wish to work beyond 6pm and seek volunteer replacements. If there are insufficient volunteers, David Jones may direct employees to work after 6pm if it is their normal rostered shift.
Day in lieu when a public holidays falls on non-working day
The new proposed Agreement no longer contains the provision for a day in lieu when your nonworking day falls on a public holiday. The SDA fought hard to win this provision in the Award – which would have secured it for David Jones workers. However, the case was not successful and as a result of this we have not been able to retain this benefit in the proposed Agreement.
The new Agreement contains the following breaks:
Family and Domestic Violence Leave
The proposed Agreement contains a new Family and Domestic Violence Leave clause. This will provide an entitlement for all employees, including casuals, to 5 days unpaid family and domestic violence leave each year for employees who are experiencing family and domestic violence and need to do something to deal with the impact of the violence. This was made possible by the SDA and ACTU case at the Fair Work Commission.
Leave Loading: The annual leave loading of 17.5% or the weekend penalties an employee receives whichever is greater will be paid during a period of annual leave. Annual Leave Loading will also be paid on any Annual Leave owing on termination.
Peak trading: The periods of peak trade highlighted in the Annual Leave clause have been amended and the clause has been
changed so that requests made during peak trades are not unreasonably refused and considered on a case by case basis.
When Annual Leave can be taken: Annual Leave can be taken in any way as agreed between the employee and David Jones. There are now no caps on how many single days can be taken.
Direction to take Leave: For David Jones to direct an employee to take annual leave they must have in excess of 8 weeks leave accrued, (currently 4) and must be given 8 weeks notice, instead of 4 and must not be left with less than 6 weeks accrued.
Personal Business Leave
This has been retained and now defined as per the DJs Personal Business Leave Policy i.e. the purpose for which it may be taken include taking delivery of furniture, signing legal papers and attending bank appointments.
To ensure compliance with the NES, the quantum of personal leave that accrues each year is reflected in days not hours i.e. 10 days
instead of 76 hours. The reference to accepting certificates from alternative medical practitioners has been removed.
Leave without pay
The cap of a minimum of 1 week and a maximum of 6 months has been removed from the Agreement.
Team members will be paid superannuation on all paid leave, including on the David Jones Parenting Allowance. Team members will be paid Superannuation for a period of absence on workers compensation up to a period of 12 months. Introduction of choice of fund – REST remains the default fund
All allowances, except laundry allowance, will increase in line with any increase to the allowances contained in the Retail Award. The allowance paid to employees for travel to a store they transfer to during a refurbishment will be capped at 8 weeks. There is currently no cap.
A transport reimbursement clause has been introduced for employees working after 10pm or commencing before 7am whose regular form of transport is unavailable and they are unable to arrange alternative transport.
Accident make-up pay in Victoria will now only apply to existing employees in Victoria.
The allowances on commencement are as follows:
»» The Flexibility clause has been replaced with an Individual Flexibility Clause
»» Alternative rostering arrangements clause has been removed
»» The Hours Bank Clause has been deleted
»» Amendments to the Objectives clause
»» Definition of immediate family extended
»» Abandonment of employment – Company must make genuine attempts to contain an employee during the period of absence.
»» Inclusion of a Consultation clause when there is a major change
»» Flexible Pay Provision has been removed
»» Flexible Working Arrangements clause updated and expanded as per the National Employment Standards.
»» The Parental Leave entitlements have been maintained and simplified in Appendix D of the Agreement.
Many terms and conditions from your current Enterprise Agreement have been retained including:
»» Compassionate leave provisions
»» Paid blood and bone marrow donor leave
»» Paid emergency services leave
»» No cap on jury service leave
»» Top up of defence force leave
»» Personal business leave
»» Pre-natal and pre-adoption leave
»» Work, Health and Safety Clause
»» Equal employment Opportunity Clause
»» Juniors paid at adult rates for classifications above Level 1
»» Improved redundancy provisions – up to 24 weeks’ pay.
»» 4 hour minimums for full-time and part-time employees
»» Personal leave entitlements available in full on anniversary of service
The proposed Agreement protects many of the superior conditions won by
SDA union members including:
A.1 Sales Classification Structure
Level 1 means: – all employees not elsewhere defined and includes, employees engaged in performing duties aligned to sales, customer service, demonstrations, using mechanical equipment as required, stock handling, distribution and replenishment, employees engaged in the cooking, preparation or service
of food, collection of money and preparation of commodities for sale including but not limited to prepacking, weighing, pricing of fruit and/or vegetables on the shop premises. Indicative roles include (but are not limited to): Beauty Consultant, Sales Professional, Customer Service Assistant and Food & Beverage Assistant.
Level 2 means: – Employees who in addition to level 1 duties and skills, hold duties that require a specialist skill, such as fitting or tailoring, cooking, merchandising, trained fitters (children’s shoes and prosthesis). Their specialist skills enable them to provide enhanced customer service. Employees at this level, although
experienced, do not hold a trade qualification in the field in which they perform their duties. Indicative roles include (but are not limited to): Loss Prevention Officer, Counter Manager, Sales Expert (Specialist) and Stylist.
Level 3 means: – Employees who in addition to the duties on level 1 and 2:
• have a trade qualification, performing the majority of his or her duties at trade level.
• And/or appointed by David Jones to supervise of team of up to 4 employees, classified as level 1 and/or level 2.
Opens: 5 November 2018 Closes: 18 November 2018
Voting will be done electronically which will be facilitated by CorpVote.
You will receive an email about the process with a unique identifier to be used for voting and instructions.
You will be able to vote online or by phone.
Make sure you have your say!
Remember, no new Agreement will be introduced without a majority yes vote of David Jones employees.