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PROPOSED BWS AGREEMENT 2019

Following extensive negotiations between the SDA and BWS the proposed BWS Agreement 2019 is ready for you to consider.

The proposed Agreement delivers an outcome consistent with the SDA’s four key priorities.

The proposal contains:

  • Protection of your take-home pay
  • New and Increased Penalty Rates
  • Yearly Wage Increases
  • Most hard-won SDA union conditions retained

This document contains a summary of the differences between the proposed Agreement and the current BWS Agreement. If approved by Team Members the proposed Agreement will commence either on 1 July 2019 or 7 days after approval by the Fair Work Commission, whichever
is the later. The Agreement has a nominal expiry date of 30 June 2023.

Copies of the proposed Agreement are available in the lunchroom.

The proposed Agreement contains significant changes to conditions of employment at BWS. Please read this information carefully and if you
have any questions about the proposal please speak to your SDA Delegate, SDA Organiser or call the SDA

WAGE INCREASES

The proposed Agreement ensures team members’ take-home pay will increase with:

» Regular pay rises.
» Higher weekday pay rates.
» New and increased penalty rates.
» New laundry allowance payable to everyone in preferred dress

VOTING

Voting on the proposed agreement will occur online at www.eavote.com.au

From: 31st of May 2019
To: 11th of June 2019

Make sure you have your say.

Below is the current hourly rate of pay and the proposed new hourly rates of pay for Team Members. A new Laundry Allowance ($1.25 per shift / $6.25 per week for Full-time team members) paid to all employees who wear a uniform or preferred dress and launder it at home applies in addition to the rates below.

 

The SDA has secured the phase out of all junior rates in the proposed BWS Agreement. All team members will be paid adult rates by 1 July 2021.

The current Agreement has 2 classifications, Level 1 Sales Assistant (100%) and Level 2 Senior Sales Assistant (105%). The proposed Agreement has introduced a new classification (Retail Employee Level 2 – Team Member Ride-on equipment). The current Level 2 classification is equivalent to Level 3 in the proposed Agreement. The relativity for the Level 3 classification will move from 105% of Level 1 (currently) to 104% of Level 1 on 1 July 2020.

The SDA has worked hard to ensure your take-home pay is protected and to secure wage increases.

Because it has been some time since the last wage increase it was important for the SDA to secure payment for employees who have worked through that period.

» The payment will be made within 28 days of the Agreement being approved by the Fair Work Commission.
» The bonus will be paid to those team members employed by BWS as at 30 June 2018 and still employed by BWS after the approval of the Agreement and who remain employed up to the payment date. To be eligible a team member must have worked an average of 5 hours or more per week.
» ‘The team member’s average ordinary hours will be based on the average of the hours worked between December 2017 to December 2018.
» BWS have reserved the right to pay the bonus earlier than that date if possible.

The table below sets out who is eligible and the total amount

 

Penalty rates are calculated on the new base rates of pay. The new penalty rate structure is set out below:

As a result of winning our case in the Fair Work Commission, casual penalty rates will increase over the life of the Agreement for work on Monday to Friday 6pm-11pm and on Saturdays.

The proposed Agreement mirrors the penalty rates in the Award which includes the Fair Work Commission decision to reduce Sunday penalty rates over the next 2 years. However, there is a mirroring clause in the Agreement to ensure Sunday penalty rates will move in line with the Award up or down. There is currently proposed legislation to increase Sunday penalty rates in the Award.

First Aid $10.89 per week
Transport Allowance $0.79 per km
Higher Duties Allowance when working at higher level – will be paid the higher level for time so worked, or whole shift if longer than 2 hours.
Broken Hill Allowance $0.94 per hour
Meal Allowance $18.29 ($16.57 for the second allowance as per clause 10.6)
Cold Work Allowance Cold – $0.29 per hour. Freezer- $0.73 per hour. Only paid when employees are principally employed for a shift of stocking/refilling refrigerated storages or entering cold chambers

Allowances may increase over the life of the proposed Agreement and will not be less than in the Award.

The proposed Agreement introduces Shiftwork provisions. Team members need to be engaged specifically as a Shiftworker by BWS. No current team members are engaged as shiftworkers. Existing team members can only become a shiftworker by mutual agreement.
Shiftworkers receive different penalty rates and their hours of work are restricted so that a shift has to start after 6pm but before 5am the next day.

The SDA has defended the following above Award conditions that will remain in the proposed Agreement:

» Higher wage rates than the Award
» Voluntary Work on Public Holidays
» Voluntary Work on Christmas Eve and New Year’s Eve
» 15 minute Tea Breaks
» Full-time employees guaranteed a minimum daily engagement of 4 hours.
» An agreed number of hours for part time team members of between 40 and 144 over 4 weeks
» Phasing out of junior rates.
» Superior superannuation of 10%.
» Pre-Natal leave.
» Uncapped jury service leave.
» Part time employees guaranteed a minimum of 10 hours per week

» Part time employees right to request an increase of hours to their 12 month average
» Rostering taking into account family, carer, study, religious and safe transport
considerations
» Additional day of Personal Leave
» Better Compassionate Leave
» Defence Force Leave
» Paid Blood Donor Leave
» Emergency Services Leave (up to 2 weeks per year paid time off)
» Natural Disaster Leave (up to 3 days paid leave)
» Higher Redundancy Pay
» Status Quo when following grievance procedure
» Long Service Leave double leave at half pay
» Limited Tenure restrictions
» Superior Parental Leave entitlements
» Conversion to full time employment clause
» Retention of relevant savings provisions

There are also a range of new rights for BWS workers as part of the proposed new Agreement:
» Casual loading will increase from 20% to 25%.
» Removal of 20% reduction of part time hours clause
» Improved Roster change consultation rights
» New Casual Conversion Clause
» Partial Redundancy Clause
» Right to resolve disputes by arbitration at the Fair Work Commission
» Domestic Violence Leave – 5 days paid leave per year

Multi-Work Sites Clause
Under the existing Agreement team members could nominate additional BWS stores to work at without payment of a travel allowance. The proposed Agreement provides improvements to this provision. Part time team members who have worked additional hours at another store(s) for more than 12 months may apply to increase their core hours to work the additional hours at the other store(s)
on a permanent basis.

Part Time Flex Up Additional Hours
The proposed Agreement continues to allow part time team members to do flex up additional hours if they wish. Under the proposed Agreement if a part time employee accepts flex up additional hours they will have to provide written consent before they can work the additional hours. You can provide a standing written consent to do flex up additional hours based on your availability or you can agree in writing each time. You can revoke any standing written consent at any time. If you do not agree in writing to work additional part time hours as flex up the additional hours are paid as overtime and do not accrue superannuation or leave entitlements.

The following provisions, that are not in the General Retail Industry Award, are also not in the proposed Agreement:
» Split Shifts (also called Additional Shifts) – no longer permitted
» The proposed Agreement will not have delayed starts
» Day in lieu when a public holiday falls on a nonworking day
» Upfront crediting of personal leave

If you have any questions or concerns about this please speak to your SDA Organiser or contact the SDA. The SDA will provide members with updates as this process progresses

NO NEW AGREEMENT WILL BE INTRODUCED WITHOUT A VOTE OF BWS WORKERS.

The SDA has fought hard to deliver the best possible outcome for BWS workers.

You can vote for the Agreement online at www,eavote.com.au between 31 May 2019 to 11 June 2019.

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