This document has been prepared solely for the use of not-for-profit corporations registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006 (CATSI Act). Its application in any particular case will depend upon the facts of that case. In every case, due care will need to be taken by a corporation registered under the CATSI Act in assessing the suitability of its application. The Australian Government Solicitor and ORIC cannot take any responsibility for this assessment.
This document may only be reproduced or distributed for use in the drafting of a contract for a not-for-profit corporation registered under the CATSI Act. All other rights are reserved.

November 2010

Summary of conditions 
of employment 
under the Minimum Conditions of Employment Act 1993 (WA) and Shop and Warehouse (Wholesale & Retail Establishments) State Award 1977

Store manager
Permanent, Full-time Employment

Western Australia

This template assumes the following:
—	the employment is permanent, full-time employment
—	the employment is not for shift-work
—	the employment is not casual employment
—	the employment is covered by the Western Australian industrial relations system
—	the employment is covered by the award named above

Hours of work

We have prepared this document to help you understand your conditions of employment. The document summarises important conditions of your employment that are covered by the Shop and Warehouse (Wholesale & Retail Establishments) State Award 1977 (WA) (the Award) and the Minimum Conditions of Employment Act 1993 (WA) (the MCE Act).
But this document is not comprehensive.
You should not rely on this summary of the Award and the MCE Act as it is not legal advice.
To learn more about your conditions of employment under the Award, you can find a more detailed summary at:
http://www.commerce.wa.gov.au/LabourRelations/Content/Employers/Pay_rates_leave_and_conditions/Pay_rates_and_award_summaries.html
You can find a full text of the Award at http://www.wairc.wa.gov.au/Pages/AwardsAgreements/Awards.aspx.
To learn more about your conditions of employment under the MCE Act go to the WA Department of Commerce website at: http://www.commerce.wa.gov.au/LabourRelations/.

You are to work an average of 38 hours per week.

A maximum of 9.5 hours will be considered ordinary hours on any day except on the day of late night trading when a maximum of 11.5 hours work will be considered ordinary hours.

[See section 9A of the MCE Act but see also clause 9 of the Award]

In addition to ordinary hours, we may require you to work reasonable additional hours. That is, in any given week, we may require you to work 38 hours plus reasonable additional hours. You may refuse to work unreasonable additional hours.

[See sections 9A and 9B of the MCE Act for factors to be taken into account in assessing reasonable additional hours]
Overtime
All time worked on any one day outside the ordinary hours of duty will be paid for at time and a half for the first two hours and double time after that if: 
•	more than 76 ordinary hours are worked in a period of two consecutive weeks 
•	more than 38 hours are worked in a period of two consecutive weeks if one of those weeks is a period of leave.
All time worked on a Saturday after 12 noon will be paid for at double time. 
All time worked on Sundays will be paid at double time.
All time worked on public holidays will be paid at double time and a half.
 [See clause 13 of the Award]
Frequency of pay and method of payment
We may elect to pay you weekly or fortnightly in cash by cheque, postal order or money order, or to pay you by payment into the bank account or financial institution account in your name. 
[See section 17C of the MCE Act and clauses 35(1) and (2) of the Award]
Parental leave
If you have been employed with us for 12 months or more, you are entitled to 12 months of unpaid parental leave to care for your own newborn child, your spouse’s newborn child, your de facto partner’s newborn child, or for a newly-adopted child who is under the age of five years.
If you intend to take parental leave you must provide us with at least four weeks’ written notice of your intention to take parental leave and a certificate from a registered medical practitioner and a statutory declaration not less than 10 weeks before the due date.
You may request a further period of up to 12 months parental leave. We may only refuse the request on reasonable business grounds.
You may request to extend your parental leave for up to a further 52 weeks.
[See sections 32 to 39 of the MCE Act and clause 42 and Appendix 1 of the Award]
Annual leave
You are entitled to four weeks of paid annual leave for each year of service with us.  
Your annual leave accrues through the year on a pro rata basis each week, and your annual leave credits can be carried over from year to year.

If you ask us if you can take a period of annual leave, and you have sufficient annual leave credits, we cannot refuse your request provided you have given us two weeks’ notice of your intention to take annual leave, and provided you are using annual leave credits that accrued more than 12 months earlier.
You will be given and required to take annual leave within six months after the date the leave falls due.
You must not take annual leave in more than two periods and if one of those is for a Christmas close down, we may direct you that neither of the two periods is to be less than one week.
We may require you to take annual leave but we must give you at least two weeks’ notice.
[See section 23 of the MCE Act and clause 15 of the Award]

You will be paid an annual leave loading of 17.5 per cent of your ordinary rate of pay.

[See clause 15(2)(a) of the Award]

Sick/carer’s leave and bereavement leave
You are entitled to two weeks of paid sick leave for each year of service with us. 
Sick leave accrues on a pro rata basis each week.
Your sick leave can carry over from year to year but you will be limited to claiming payment for any period exceeding 10 weeks in any one year of service.
You can use your paid sick leave credits if you are unable to work due to your own illness or injury. You are not entitled to paid sick leave if you are ill or injured because of your own serious and wilful misconduct at work, or gross and wilful neglect at work.
You must advise us as soon as reasonably practicable of the start of the absence.
You must provide us with evidence that would satisfy a reasonable person that you are entitled to sick leave.
You are able to use up to two weeks each year of your sick leave entitlement as paid carer's leave. 
You can take paid carer’s leave where a member of your family or household requires care or support because of an illness or injury, or in the event of an unexpected emergency affecting a member of your family or household.
For this purpose, a member of your family or household means any of the following:
–	your spouse or de facto partner
–	your child, step-child or grandchild (including an adult child, step-child or grandchild)
–	your parent, step-parent or grandparent
–	your sibling
–	any other person who, at or immediately before the relevant time for assessing your eligibility for taking leave, lived with you as a member of your household.
You must provide us with evidence that would satisfy a reasonable person that you are entitled to carer's leave. 
If you cannot take paid carer's leave (for example, because you have already taken two weeks of paid carer's leave in 12 months or because you have run out of paid sick leave), you are entitled to take up to two days of unpaid carer's leave for each permissible occasion.
 [See sections 20A and 20B of the MCE Act and clause 27 of the Award] 
You are entitled to two days of paid bereavement leave following the death of a member of your family or household. The two days of leave do not have to be taken consecutively. Bereavement leave cannot be taken during any other period of leave.

A member of your family or household has the same meaning as set out above.
We may require you to provide evidence of the death, and of the relationship between you and the deceased, which would satisfy a reasonable person that you are entitled to bereavement leave.
[See sections 27 and 28 of the MCE Act and clause 38 of the Award] 
Public holidays
You are entitled to stay away from work on a day or part-day that is a public holiday in the place where your work is based, and to be paid for that day or that part-day.
 [See section 30 of the MCE Act]
Allowances
You may be entitled to some or all of the following allowances that are set out in the Award:
—	travel allowance (see clause 25)
—	motor vehicle Allowance (see clause 32)
—	meal allowance (see clause 12 of the Award)
—	location allowance (see clause 39 of the Award)
—	first aid allowance (see clause 46 of the Award).
Superannuation
The Award sets out conditions that apply to you and to us in relation to superannuation.
[See clause 45 of the Award]
Notice periods for termination of employment
If we are going to dismiss you from your employment, we must give you a notice in writing that sets out the day on which your employment will finish. The notice cannot be retrospective.
Generally speaking, we must give you at least the period of notice set out in the table below, or we must pay you in lieu of that notice period. 

Period of continuous service	Period of notice	
Up to 1 year	1 week	
More than 1 year but less than 3 years	2 weeks	
More than 3 years but less than 5 years	3 weeks	
More than 5 years	4 weeks	

And, if you are over 45 years old and you have completed two years or more of service with us at the end of the day on which the notice is given, we must pay you an extra week of notice.
The notice arrangements do not apply if we terminate your employment because of serious misconduct. 
[See sections 117 and 759 of the Fair Work Act 2009 (Cth)]
Redundancy
If you are made redundant we will inform you and discuss the likely effects of the redundancy as soon as practicable.
If a decision has been made to make you redundant you may take up to eight hours of paid leave to attend interviews for a new job. The eight hours do not need to be taken consecutively. You must provide us with evidence that would satisfy a reasonable person of your entitlement to this leave.

[See Part 5 of the MCE Act and clause 51 of the Award]

Notification of change

If we make changes that are likely to have a significant effect on you we will inform you as soon as practicable. We will also discuss the effects of the changes with you and take steps to avoid or minimise the impact.

A change that is likely to have a significant effect is one where:
–	there will be a major change in the composition, operation, size of, or skills required in our workforce
–	job opportunities, promotion opportunities or job security will be reduced or lost
–	a significant increase or decrease in your hours of work
–	you will need to be retrained
–	you will have to transfer to another job or work location
–	your job is to be restructured.

[See Part 5 of the MCE Act]

Redundancy pay

If you have been employed with us for more than a year and we make you redundant, generally speaking, you will be entitled to a severance payment according to the following table.

Period of continuous service		           Severance pay

Less than 1 year	Nil	
1 year and less than 2 years	4 weeks’ pay	
2 years and less than 3 years	6 weeks’ pay	
3 years and less than 4 years	7 weeks’ pay	
4 years and less than 5 years	8 weeks’ pay	
5 years and less than 6 years	10 weeks’ pay	
6 years and less than 7 years	11 weeks’ pay	
7 years and less than 8 years	13 weeks’ pay	
8 years and less than 9 years	14 weeks’ pay	
9 years and less than 10 years	16 weeks’ pay	
10 years and over	12 weeks’ pay	

10_0051

[See Western Australian Industrial Relations Commission, Termination, Change and Redundancy General Order]