Warehouse Stationery
Individual Employment Agreement
2017 Version
INDIVIDUAL
EMPLOYMENT AGREEMENT
The purpose of this Agreement is to record the terms and conditions of employment that have been agreed between the Team Member and Warehouse Stationery.
INDEX
2. MEAL INTERVALS AND REST PERIODS #
4. PAYMENT FOR ORDINARY HOURS OF WORK #
7. EMPLOYMENT RELATED EXPENSES #
9. ABANDONMENT OF EMPLOYMENT #
12. OTHER EMPLOYMENT / CONFLICT OF INTEREST #
15. UNAUTHORISED PAYMENTS OR GIFTS #
17. HEALTH & SAFETY – EMPLOYEE PARTICIPATION #
18. EMPLOYMENT RELATIONSHIP PROBLEMS #
The Company’s stores are open for the convenience of customers. Accordingly trading hours will be determined by the Company and may include weekends as well as some public holidays and extended business hours as may be deemed appropriate from time to time. The Company is committed to ensuring that Team Members are available to work when necessary to meet customers’ needs, in accordance with the terms and conditions set out in this Agreement.
Team members will have different standard days and hours of work, and unless mutually agreed otherwise, those hours of work will not generally exceed 45 hours per week or 10 hours per day.
The actual hours of work for Team Members shall be specified by the Company in writing at the time of engagement.
The Company will advise each Team Member of the specific duties he/she is to perform from time to time. However the Company wants to multi-skill its people, therefore each Team Member shall be expected to undertake any work that may be reasonably required by the Company, when asked to do so and for whatever time period required. The Company shall ensure that each Team Member has adequate training and supervision to carry out such work.
1.3.1 The Company may, for commercial reasons such as changing trading circumstances, change the specified hours of work (including increasing or decreasing these hours) of any Team Member. Before commencing this procedure, the Store Manager will first obtain the approval of the Regional Manager.
1.3.2 Where a change to specified hours is necessary, the Company will first call for volunteers who are willing to accept the amended hours.
1.3.3 Where there are insufficient volunteers, the Company will consult with individual Team Members likely to be affected by the change in an effort to mutually agree the change.
1.3.4 Whenever practicable, reduced hours will be spread as evenly as possible across the team.
1.3.5 When actions taken under 1.3.2 and 1.3.3 above fail to achieve the necessary changes, the Company may effect the change by giving two weeks’ written notice of the new hours of work to the Team Members affected. The Company will take into account the Team Members’ personal circumstances and endeavor to make a decision with as little disruption as practicable to their current hours.
1.3.6 Whenever practicable, a Team Member whose specified hours of work have been changed will be given first preference to return to his/her former hours if and when circumstances permit.
A Team Member is entitled to two consecutive days off in a working week unless mutually agreed, and no less than eight hours off between the completion of one period of work and the commencement of the next period of work. For the purposes of this clause, two consecutive days off which constitute the last day of one pay week followed by the first day of the next pay week, will be deemed to be consecutive days off.
2.1 The following meal intervals and rest periods shall be made available to Team Members. In the event of a legal change the Company may amend the intervals and periods to comply with the law.
ROSTERED HOURS | ENTITLEMENT |
Less than 2 hours | No entitlement |
From 2 to 4 hours | One 15 minute rest period on pay |
More than 4 and up to 6 hours | One 15 minute rest period on pay and one 30 minute unpaid meal interval |
More than 6 and up to 10 hours | Two 15 minute rest periods on pay and one 30 minute unpaid meal interval |
More than 10 and up to 12 hours | Two 15 minute rest periods on pay and two 30 minute unpaid meal intervals. |
2.2 Meal intervals and rest periods shall commence from the moment that the Team Member leaves their workstation and end when they resume their duties.
2.3 Meal intervals shall be taken, where possible at times to be mutually arranged so there is adequate coverage in all areas. If agreement is not possible, the Company will determine timing.
Step | Criteria | Hourly Rate |
Skill 5 | Skill rate based on relevant training completed for permanently rostered function and receive a "Capable" (or better) rating in your next performance review. | $20.18 |
Skill 4 | $19.04 | |
Skill 3 | $18.14 | |
Skill 2 | $17.75 | |
Skill 1 | Entry Rate | $17.75 |
The following table shows the skill levels referred to in table 3.1 that can ultimately be achieved by function,. These levels/titles can be changed by the Company at its discretion, as the need arises.
Team Member | Generalist | Specialist | Key Holder | ||||||
Checkouts | Admin | Stockroom | Replenishment | Fulfilment* | Furniture | Technology | Copy Centre | ||
Skill 5 | X | ||||||||
Skill 4 | X | X | X | X | |||||
Skill 3 | X | X | X | X | X | X | X | X | |
Skill 2 | X | X | X | X | X | X | X | X | X |
Skill 1 | X | X | X | X | X | X | X | X | X |
* Only available in Fulfillment Centre Stores
The Company will carry out annual rate reviews and any changes will be reflected in table 3.1. Team Members will be notified of these changes before they come into effect.
If a Team Member asks to reduce their duties and/or responsibilities, then their hourly rate will be reduced accordingly to the appropriate step.
No Team Member’s hourly rate shall be reduced solely as a result of the operation of the revised wage scale in this Agreement.
All ordinary hours of work, irrespective of whether they occur on a weekday, Saturday or Sunday, shall be paid at the ordinary hourly rate of pay. No penal rates shall be payable.
However, Team Members may be required to work on a Public Holiday (being the holidays designated in S44 (1) of the Holidays Act 2003). If so, Team Members shall be paid at time and a half of their relevant daily pay or average daily pay (as defined in section 9 and 9A of the Holidays Act) for all hours worked on the day for as long as that is the legal requirement.
The Company may require a Team Member to work hours in addition to his/her specified hours from time to time to meet planned or unplanned business needs. The Company will endeavor to give as much notice as practicable but there may be occasions where additional hours will be required at short notice. Any hours worked in excess of 45 per week shall be classed as overtime. For the purpose of this clause, a week is considered to be Saturday – Friday. Overtime will be paid 1.5 times the Team Members ordinary rate of pay. Overtime will only be paid when additional hours have been authorised by the Company in advance of the hours being worked.
6.1 All Team Members shall be paid by direct credit to their nominated bank accounts. This will occur fortnightly and no later than the Wednesday following the end of the previous fortnightly pay period.
Where the Company authorises a Team Member to incur expenses relating to his/her employment, these shall be paid for by the Company on the basis of actual expenses incurred or amount authorised, whichever is the lesser.
A GST receipt must support all claims for employment-related expenses (except for reimbursement of mileage for authorised use of personal vehicle).
8.1.1 If a Team Member wishes to terminate his/her employment, he/she is required to give two weeks’ notice in writing. The Company is not required to accept a longer notice period
8.1.2 If a Team Member terminates his/her employment without the required notice, he/she will (in addition to any other legal issues arising) forfeit pay equivalent to the shortfall in the period of notice.
8.2.1 If a Team Member is dismissed for misconduct after receiving one or more warnings, or for continued poor performance, he/she will be paid in lieu of the notice period specified in 8.1.1 above.
Upon termination of employment, a Team Member may request a certificate of service in writing which will state the position held and the length of service.
Where a Team Member is absent from work for three consecutive shifts or work periods without having received the consent of, or provided notification to the Company, he/she shall be deemed to have terminated his/her employment.
Although it is the intention of Warehouse Stationery that a Team Member has a long and successful career with the Company, nothing in this Agreement should be taken as a commitment or guarantee to employ any Team Member covered by this Agreement for the duration of its term. If for any lawful reason, Warehouse Stationery decides to restructure, sell or contract out all or any part of its business and if Warehouse Stationery then terminates the employment of a Team Member for good cause, then it retains the right to do so at any time.
A redundancy may occur when Warehouse Stationery has a position surplus to its requirements. For example, it may occur when there is a downturn in business, a re-organisation of the Company and/or the closing down of the whole or any part of the Company’s operation, requiring a reduction in the number of permanent full-time and/or part-time Team Members.
Prior to any discussions with a Team Member in relation to the possibility of redundancy, Warehouse Stationery advise the Team Member as to their right to representation.
A Team Member shall not be made redundant and shall not be paid redundancy compensation, if he/she is offered a substantially similar position on the same site or another site of Warehouse Stationery, or with The Warehouse Group within reasonable proximity, or another position he/she is willing to accept.
Warehouse Stationery will give one month’s notice to any Team Member whose employment is terminated for redundancy. This notice period (which replaces and is not in addition to the notice period specified in 8.1.1 above) may be paid out in whole or in part in lieu, at the Company’s discretion.
Where a Team Member is made redundant, redundancy compensation shall be paid according to the following scale, based on the Team Member’s average base wages or salary (i.e. excluding overtime and any benefits or allowances) in the previous 12 months of current continuous service with Warehouse Stationery, (or if a Team Member has not worked for 12 continuous months, then based on the period in which they have been employed). In terms of “current continuous service”, if a Team Member has left Warehouse Stationery and rejoined, service is counted from the last date of rejoining if the absence is greater than 3 months.
After 12 months’ service, the Team Member shall be entitled to receive six weeks’ pay, plus an additional two weeks’ pay for each complete year thereafter, to a maximum of 20 weeks’ pay. For total service of less than 12 months, the entitlement to six weeks’ pay shall be pro-rated, based on the number of complete weeks worked to termination date. For any final part year of service after the first completed year, the entitlement to two weeks’ pay shall be pro-rated, based on the number of complete weeks worked to termination date.
In selecting which employees, if any, are made redundant, Warehouse Stationery will first have regard to the need to maintain the most efficient workforce and operation to best serve customers’ needs. However, while that must be the primary consideration, Warehouse Stationery will take into account the principle of last on, first off, all other things being equal.
In the event of the sale, transfer or reconstruction of all or any part of Warehouse Stationery including entering into a contract or arrangement under which the Company’s business (or part of it) is undertaken for the Company by a new employer as set out in section 69L of the Employment Relations Act 2000, the following procedure will take place:
The Company will consult with the affected Team Member and endeavour to find a substantially similar position for the affected Team Member within the Company. If this is not possible the Company will negotiate with the new employer regarding continuity of employment for the affected Team Member including the same or similar terms and conditions of employment.
The affected Team Member may choose not to transfer to the new employer. However, if the new employer has offered you employment and:
a) has agreed to recognise your length of service record; and
b) the terms and conditions of employment are substantially similiar than your current conditions; and
c) the job is substantially similar to your current job
then the Company is not required to pay compensation for redundancy.
If the new employer has not offered employment on the above conditions and no substantially similar position was available within the Company Group then the above redundancy provisions will apply.
In the course of employment for the Company, a Team Member is likely to become aware of information that is commercially sensitive or valuable to the Company (and/or The Warehouse Group, and/or its subsidiary or associated companies). Information concerning its organisation, marketing, finance or other affairs and possibly also trade secrets or secret processes is commercially sensitive or valuable. A Team Member must not reveal any such information to anyone without the express written authority of the Company and not use or attempt to use it in any manner that may injure or cause loss either directly or indirectly to the Company, The Warehouse Group and/or subsidiary businesses. The obligation to keep such information confidential continues after termination of employment for any reason. On termination a Team Member must return books, manuals, or other documents which he/she has received, made or copied in the course of his/her employment with the Company.
It shall be a condition of employment with Warehouse Stationery that a Team Member will do nothing that will create a conflict of interest between himself/herself and the Company.
This shall include:
For the avoidance of doubt, a Team Member shall advise his/her manager of any situation that may constitute a breach of this clause. Any breach of the conditions in this clause shall be regarded as serious misconduct.
Unless specified to the contrary in this Agreement, this Agreement may be varied from time to time by agreement between the Company and the Team Member. All such variations will be confirmed in writing and signed by both parties.
Any original work, process, design or any other material produced or to be published by a Team Member, arising from employment with the Company, shall be and remains the property of the Company. The Company shall have full rights to such work, process, design, or any other material irrespective of whether or not those rights are exercised in any form during the period of employment or on cessation.
A Team Member will not demand, claim or accept any fee, gratuity, commission, gift or benefit from any person or persons other than the Company, in payment for any matter or thing concerned with a Team Member’s duties, except with the prior written consent of the Company.
The Company may after consultation with the affected Team Member, suspend a Team Member on ordinary pay while investigating or deciding the outcome of a disciplinary matter.
Where the Company alleges that a Team Member has committed an act of serious misconduct which may amount to a criminal offence and where this has been reported to the Police and a criminal investigation has commenced, the Company may, upon providing confirmation that the matter has been reported to the Police, suspend the Team Member without pay, until such time as either the Company’s internal investigation or the criminal proceedings are concluded, whichever occurs first.
The Company and the Team agree that the Health & Safety Agenda in the Team Meetings held monthly in each store shall satisfy the employee participation requirements of Part 2A of the Health and Safety in Employment Act 1992. All Team Members are eligible to attend the monthly Team Meetings.
All employment relationship problems, including personal grievances which may arise or any disputes relating to the application, interpretation or operation of this Agreement, will be dealt with in accordance with the procedures set out in the Team Member Handbook. Please note that personal grievances have to be submitted to the Company within 90 days of the grievance arising. Team Members are advised to talk to their Manager if they have any queries or are unsure of their rights.
Warehouse Stationery has and will continue to develop general employment policies and procedures on matters such as leave, health and safety, and discipline which are contained in the Team Member Handbook. Team Members should ensure that they know the contents of the Team Member Handbook and that they follow the policies and procedures which are set out in it. It may be necessary for the Company to change or update these policies and procedures from time to time in which case Team Members will be informed and given one month’s notice before any change becomes effective.
The terms and conditions contained herein (including rates of remuneration) supersede all terms and conditions which applied under any previous agreement or contract with the Company.