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PROPOSED DAN MURPHY’S AGREEMENT 2019

New Dan Murphy’s Agreement voted up in a ballot of workers with a 94% yes vote

In a ballot of Dan Murphy’s employees, there was a 94% yes vote in favour of the proposed Agreement.

This is a good outcome for Dan Murphy’s employees as the Agreement will ensure a number of superior conditions, including:

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

The proposed Dan Murphy’s Agreement will now go to the Fair Work Commission (FWC).

If the proposed Agreement is approved by the Fair Work Commission, eligible Dan Murphy’s workers will also receive a one-off payment of up to $1,100 based on when you were employed and your average hours per week.

The SDA worked hard throughout negotiations to ensure you receive fair pay and working conditions.

The proposed Agreement will commence 7 days after approval by the Fair Work Commission (FWC). The Agreement has a nominal expiry date of 30 September 2022.

Thank you for voting to have your say and to protect and improve your pay and conditions at work.

We will keep you updated as this process progresses.

If you have any questions, please contact the SDA.


Following extensive negotiations between the SDA and Dan Murphy’s the proposed Dan Murphy’s 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 Dan Murphy’s Agreement. If approved
by Team Members the proposed Agreement will commence 7 days after approval by the Fair Work Commission (FWC). The Agreement has a nominal expiry date of 30 September 2022.

Copies of the proposed Agreement are also available in the lunchroom.

The proposed Agreement contains significant changes to conditions of employment at Dan Murphy’s. 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.

Below is the current hourly rate of pay and the proposed new hourly rates of pay for adult Team Members from 1 July 2019.

A new Laundry Allowance ($1.25 per shift or $6.25 per week for Full-time team members) paid to all team members who wear preferred dress (or a uniform) and launder it at home applies in addition to the rates below. The proposed Agreement has a new classification structure however, no employee’s pay will be reduced.

See the new classification structure section of this document.

*Team members who were classified as Level 1 or Level 2 under the Dan Murphy’s Agreement 2012 and who were being paid the Level 2 rate of pay for 90% or more of hours worked immediately prior to the voting period will receive an annual rate increase of a minimum of 50% of the rate increase amount until their base rate of pay equals the New Retail Employee Level 2 rate in this agreement.

**Team members who were engaged in the position of Product Expert immediately prior to the commencement of this Agreement will receive an annual rate increase of a minimum of 50% of the rate increase amount until their base rate of pay equals the New Retail Employee Level 3 rate in this agreement.

*Team members who were classified as Level 1 or Level 2 under the Dan Murphy’s Agreement 2012 and who were being paid the Level 2 rate of pay for 90% or more of hours worked immediately prior to the voting period will receive an annual rate increase of a minimum of 50% of the rate increase amount until their base rate of pay equals the New Retail Employee Level 2 rate in this agreement.

**Team members who were engaged in the position of Product Expert immediately prior to the commencement of this Agreement will receive an annual rate increase of a minimum of 50% of the rate increase amount until their base rate of pay equals the New Retail Employee Level 3 rate in this agreement.

The current Agreement has 4 classifications:

»» Level 1 Customer Assistant (100%)
»» Level 2 Senior Customer Assistant (105%)
»» Level 3 Product Expert/Supervision (110%)
»» Level 4 Duty Shift Management (115%)

The proposed Agreement contains a new classification structure which comes from the Retail Award classification structure. This structure ties each job title to a percentage relative to the Level 1 rate of pay as set out in the table below. However, no employee’s pay will be reduced. Those team members transitioning to a lower relativity will receive an annual wage increase of no less than 50% of the Yearly Wage Increase/Annual Wage Review increase as determined by the FWC until the base rate is equivalent to the new relativity. The table below shows the new structure.

The SDA has secured the phase out of all junior rates in the proposed Dan Murphy’s Agreement. Currently 18 year olds receive 70% of the adult rate. Under the proposed Agreement all team members will be paid adult rates by 1 July 2020. From 1 July 2019 all team members 18 years and under will receive 85% of the adult rate and from 1 July 2020 they will receive 100%.

The new Agreement contains a laundry allowance that will be paid to all employees who wear preferred dress (or a uniform) and launder it at home.

Casual / Part-time $1.25 per shift
Full-time $6.25 per week

Once the base rate of pay for a saved rate equals the new rate at that level, Dan Murphy’s will apply the full amount of any future wage increase under the new agreement to that equal rate of pay.

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

Public Holiday penalty rates have been reduced for permanent employees in line with the Fair Work Commission’s penalty rate decision.

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.

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

Cold Work Allowance Cold – $0.29 per hour.
Freezer (below 0C degrees) – $0.73 per hour
First Aid Allowance $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)

The proposed Agreement introduces Shiftwork provisions. Team members need to be engaged specifically as a Shiftworker by Dan Murphy’s. 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
»» NSW Union Picnic Day
»» Full-time team members guaranteed a minimum daily engagement of 4 hours
»» An agreed number of hours for part time team members of between 36 and 144 over 4 weeks
»» Phasing out of junior rates
»» Pre-Natal leave
»» Uncapped jury service leave
»» Part time team members right to request
increase of hours to their 12 month average

»» Rostering taking into account family, carer, study, religious and safe transport
considerations and genuine sporting commitments
»» 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 protections
»» Superior Parental Leave entitlements
»» Conversion to full time employment clause
»» Retention of relevant savings provisions

There are also a range of new rights for Dan Murphy’s workers as part of the proposed new Agreement:

15 minute tea breaks 
Team members will now receive 15 minute tea breaks instead of 10 minutes.

Removal of 20% reduction of part time hours clause
Under the current Agreement, a part time team member can have their core hours reduced by up to 20% per year, subject to certain criteria. The proposed new Agreement does not contain this provision. This means that without the team member’s consent, a part time team member’s core (or contracted) hours can no longer be reduced. Any part time team member who has previously had their contracted hours reduced retains the right to preference for additional hours that become available.

Roster change consultation rights
The proposed Agreement requires Dan Murphy’s to consult with a team member before they propose a change to the team member’s roster. This means that before your roster is changed, Dan Murphy’s will have to:
»» Provide information about the change (eg what the change will be and when)
»» Ask you to give your view about the change (eg will it impact an existing commitment, such as child care arrangements)
»» Consider your response about the impact of the change.

Any disputes about a change to your roster should still be raised under the Disputes Procedure in the Agreement. The SDA is available to assist any SDA member with a concern about proposed changes to their roster.

Part Time Additional Hours
Many part time team members currently do flex up additional hours in addition to their core contracted hours. The proposed Agreement continues to allow part time team members to work additional hours if they wish.

Under the proposed Agreement if a part time team member accepts 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 additional hours based on your availability or you can agree in writing each time. You can revoke any standing written consent at any time.

Any additional hours a part time team member agrees in writing to do are paid at the appropriate ordinary rate of pay, including any penalty rates. These hours are included in the calculation of a team member’s superannuation payments, leave
accruals and your average hours worked for the year.

A part time team member doing additional hours cannot be rostered to work a total number of hours (contract hours and additional hours) in excess of 144 hours in any 4 week cycle, without the payment of overtime. A team member does not have to accept additional hours. If you do not agree in writing to work additional part time hours, additional hours are paid as overtime and do not accrue superannuation or leave entitlements.

Multi-Work Sites Clause
Under the existing Agreement team members could nominate additional Dan Murphy’s 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.

New Casual Conversion to Permanent Clause
The proposed Agreement provides the ability for a team member engaged as a casual to request to convert to permanent employment, subject to certain criteria being met. This entitlement has been secured as a result of a case run by the SDA/ ACTU in the Fair Work Commission.

To be eligible, the casual team member must have worked regularly for at least 12 months. If they have regularly worked an average of at least 9 hours per week, they can request to be made a part time team member.

All requests must be in writing. Dan Murphy’s can only refuse a request of a casual team member to become permanent on reasonable grounds after consultation with the team member making the request. If Dan Murphy’s refuse the request they must provide their reasons for this in writing to the team member. The SDA is available to assist any SDA member who is casual and wants to request to convert to permanent employment.

Partial Redundancy Clause
The new proposed Agreement contains a clause that may provide a team member facing redundancy with the option instead, where available, of ongoing work and a partial redundancy payment. Redundancies in Dan Murphy’s , whilst rare, can happen.

As an alternative to a full redundancy and leaving Dan Murphy’s employment a team member may accept a transfer to lower paid duties. In this case the proposed Agreement provides that Dan Murphy’s may, at its discretion accept this and make a partial redundancy payment.

This payment is an amount equal to the difference between the team member’s former ordinary time rate of pay and the new lower ordinary time rates of pay for (i) the period of notice and
(ii) for a period equal to the number of weeks’ severance pay that the team member would have been entitled to if their employment had been terminated.

The SDA is able to assist a member with any issues around a proposed redundancy

Arbitration Rights
The proposed Agreement now has a stronger dispute resolution clause. The new clause provides that if the dispute cannot be resolved either at the workplace or by conciliation at the Fair Work Commission, then the dispute can be referred to the Fair Work Commission for hearing at arbitration.

Arbitration allows the Fair Work Commission to make a binding decision on how to resolve the dispute that Dan Murphy’s and the team member must abide by.

Allowances
Cold Work Allowances: Fridge Allowance and improved Freezer Allowance
(a) The proposed Agreement includes a Fridge Allowance. The fridge allowance provides those team members who are principally employed on any day to:
(i) enter cold chambers; and/or
(ii) to stock and refill refrigerated storages such as dairy cases or freezer cabinets will be paid a cold work allowance per hour of $0.29 per hour.
(b) The Freezer Allowance in the proposed Agreement provides that a team member who is required to work in a cold chamber where
the temperature is below 0°C will be paid the Freezer Allowance of $0.44 per hour AND the Fridge Allowance of $0.29 per hour. That is a total allowance of $0.73 per hour.

The proposed Agreement provides for 5 paid days and 5 unpaid days of Family and Domestic Violence Leave (FDVL). This is significantly better than the entitlement to only unpaid Domestic Violence Leave in the Retail Award. The inclusion of paid FDVL recognises that team members who experience family and domestic violence may need additional support to deal with the impact of the family and domestic violence, particularly to make arrangements for their safety and the safety of others, attend medical appointments, court appointments, access police services and related activities which are impractical for a team member to deal with outside of their ordinary hours of work.

The proposed Agreement provides a detailed clause on how to access this leave and important commitments of confidentiality from Dan Murphy’s towards team members accessing this leave.

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)

The proposed Agreement will not have split shifts, which previously permitted two shifts to be worked on one day with less than a ten hour break between shifts. Now there will have to be a 12 hour break (or 10 hours by agreement) between finishing one shift and starting the next shift. That means that the previous practice in some stores of using split shifts is no longer permitted.

Cashing out of annual leave
A team member who has an accrued annual leave entitlement in excess of 4 weeks (previously 8 weeks) may make an application to ‘cash-out’ a period of annual leave. Approval is subject to the team member retaining an annual leave entitlement of not less than 4 weeks (previously it was 8 weeks).

Day in lieu when a public holiday falls on non-working day

For many years SDA members working at Dan Murphy’s have had the benefit of an additional day off when their non-working day fell on a public holiday. This benefit was won by the SDA when most public holidays fell on a Monday and as trading hours extended a lot of rosters moved to be Tuesday to Saturday or Wednesday to Sunday However in recent years the SDA has led the push to have significant public holidays declared on the actual day that they fall, including on weekends. For example in NSW it used to be the case that when Christmas Day and Boxing Day fell on a Saturday and Sunday the public holiday used to be declared on the following Monday and Tuesday instead.

Now when that happens in NSW the Saturday, Sunday, Monday and Tuesday are all recognised as public holidays. This made it harder for us when a case was run earlier this year in the Fair Work Commission to put the entitlement to an additional day off when a non-working day falls on a public holiday into the Award. In the case of Victoria, for example when New Year’s Day falls on either Saturday or Sunday, the actual day and the following Monday are recognised as public holidays. Similar applies when Boxing Day falls on a Saturday (or Sunday).

The case was not successful. As a result of this we have not been able to retain this benefit in the proposed Agreement either.

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

»» The payment will be made within 28 days of the Agreement being approved by the Fair Work Commission. Dan Murphy’s have reserved the right to pay the bonus earlier at its discretion.
»» The bonus will be paid to those team members employed by Dan Murphy’s as at 30 June 2018 and still employed by Dan Murphy’s after the end of the voting period 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 period for calculating the average weekly hours is the 12 months from 11 December 2017 to 9 December 2018.

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

Average weekly hours are the paid ordinary hours per week over the 12 months from 11 Dec 2017 to 9 Dec 2018. Team members employed from 1 July 2018 onwards are not entitled to the new Agreement bonus payment.

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

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