Coles Retail Enterprise Agreement 2024
Coles Retail Enterprise Agreement 2024
Coles Retail Enterprise Agreement 2024
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Contents
1. PART 1 — WHAT IS THIS AGREEMENT ABOUT? 6
1.3 How to read this Agreement & how it interacts with other instruments 6
2.1 Classifications 7
3.3 Penalty rates for working ordinary hours during certain times 9
3.10 Superannuation 12
4.5 Shiftwork 16
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7.1 Paid Personal/Carer’s Leave 25
8.1 Entitlement 28
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A2.2 Level 1 Team Member 43
A3.1 Applicability 48
A3.5 Apprentices 48
A4.1 Applicability 52
A4.2 Classifications 52
A4.4 Allowances 53
A4.5 Breaks 53
A6. SIGNATORIES 56
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1. PART 1 — WHAT IS THIS AGREEMENT ABOUT?
(a) Coles Supermarkets Australia Pty Ltd (“Coles Supermarkets”) and Liquorland (Australia) Pty Ltd (“Coles
Liquor”) [“We” or “Us” or “Coles”];
(ii) who perform work in Coles Supermarkets Retail Operations or Coles Liquor Retail Stores; and
(iii) are employed under the classifications described in clause 2.1.3 and Appendix A2 of this Agreement.
1.2.2 We do not intend to employ team members in multiple positions under separate employment contracts,
however if you are employed by Us in multiple different positions under separate employment contracts, this
Agreement will cover and apply to each of those positions or jobs separately. Each position will stand alone
for the purpose of ascertaining entitlements under this Agreement. For example:
(a) the maximum ordinary hours provisions at clause 4.3 will apply to the hours worked in each employment
separately, rather than cumulatively;
(b) the minimum break between shifts provisions at clause 4.3 and Voluntary Additional Shift provisions at
clause 4.3.3 will only apply to shifts worked within the same employment; and
1.2.3 This Agreement does not cover or apply to salaried team members, or any team members (including clerical
or administrative team members) principally based at a Store Support Centre.
1.2.4 The Agreement will also cover the Shop, Distributive and Allied Employees’ Association (“SDA”) and the
Australian Workers’ Union (Queensland Branch) (“AWU”).
1.3 How to read this Agreement & how it interacts with other instruments
1.3.1 This Agreement contains terms and conditions which apply to wages-paid team members employed by Coles
Supermarkets and Coles Liquor. It also contains terms and conditions which apply only to Coles Supermarkets
team members in Appendix A3, and terms and conditions which apply only to Coles Liquor team members in
Appendix A4.
1.3.2 This Agreement replaces all previous enterprise agreements which covered wages-paid team members in
Coles Supermarkets Retail Operations and Coles Liquor Retail Stores.
1.3.3 If this Agreement refers to written agreement, this agreement can be provided electronically.
1.3.4 No team member covered by this Agreement will be disadvantaged against the terms of the National
Employment Standards (“NES”).
1.3.5 You can find a copy of this Agreement and the NES on MyColes, or you can request a copy from your
manager.
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2. PART 2 – HOW CAN I BE EMPLOYED?
2.1 Classifications
2.1.1 We will classify all team members covered by this Agreement according to the structure set out in clause 2.1.3
and Appendix A2. Your classification will be according to the skill level(s) required to be exercised by you to
carry out the principal functions of your employment as determined by Coles Supermarkets or Coles Liquor.
2.1.2 We will let you know your classification and if there are any changes to your classification in writing.
2.1.3 The classification levels and typical job titles are (see Appendix A2 for more detail on classifications):
(a) If you are engaged on duties higher than your normal classification for 2 hours or less during a shift, you
will be paid the higher Base Rate of Pay for those hours worked only.
(b) If you are engaged on duties higher than your normal classification for more than 2 hours during a shift,
you will be paid the higher Base Rate of Pay for the entirety of that shift.
In some limited circumstances, We may also engage team members on a fixed (maximum) term basis.
2.2.2 Full-Time
You are a full-time team member if you are engaged to work an average of 38 hours per week over a cycle
of up to 4 weeks.
2.2.3 Part-Time
(iii) until 24 March 2025 (or after this date if you elect to maintain this minimum entitlement by selecting
the relevant Roster Choice) work a minimum of 36 hours per 4-week cycle. Otherwise, from 24 March
2025, you will work a minimum of 48 hours per 4-week cycle.
(b) If you are a part-time team member, you are entitled to payments for annual leave, personal leave and
compassionate leave arising under the NES or this Agreement on a proportionate basis. All other provisions
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of the Agreement relevant to full-time team members will apply to you, except if terms in this Agreement
provide otherwise.
(c) You’ll be provided with your regular pattern of work in line with clause 4.3.4(c).
2.2.4 Casual
(a) You are a casual team member if you are engaged as such.
(b) If you are a casual team member, you will be paid the Base Rate of Pay applicable to your classification
plus an additional casual loading of 25% of that Base Rate of Pay.
(c) The casual loading is paid to you instead of the entitlements which casual team members do not receive
under the terms of this Agreement or the NES (such as annual leave and personal leave).
(d) If you are a casual team member, you will be paid weekly or fortnightly in accordance with pay
arrangements for full-time and part-time team members as per clause 3.5.
(a) In some limited circumstances, We may engage a new team member on a fixed (maximum) term
contract on a full-time or part-time basis for a specific task or tasks and/or for a specific period of time, in
accordance with the table below:
General
Exceptions
Requirement
Minimum Length 1 month If the sole purpose of the fixed (maximum) term contract is to
replace a team member on annual leave, the minimum length is
1 week
Maximum Length 12 months If the sole purpose of the fixed (maximum) term contract is to
replace a team member on parental leave, the maximum length
is the length of the parental leave.
(b) Fixed (maximum) term contracts must not run consecutively and may only be extended by agreement
with the team member, in line with the relevant maximum duration, detailed in clause 2.2.5(a)
(c) A fixed (maximum) term contract will terminate automatically on the termination date specified in your
contract. A fixed (maximum) term contract may also be terminated by either you or Us in accordance
with clause 14.1 or clause 14.2.
2.2.6 Secondments
(a) You and Coles may agree to second you to a different role within the same employer for a temporary
period, in accordance with the table below:
General
Exceptions
Requirement
Minimum Length 1 month If the sole purpose of the secondment is to replace a team
member on annual leave, the minimum length is 1 week
Maximum Length 12 months If the sole purpose of the secondment is to replace a team
member on parental leave, the maximum length is the length of
the parental leave.
(b) Secondments must not run consecutively and may only be extended by agreement with you, in line with
the relevant maximum duration, detailed in clause 2.2.6(a).
(c) At the end of the secondment, you will revert to a position which is no less advantageous than that which
you performed immediately prior to the secondment.
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3. PART 3 – HOW/WHAT WILL I BE PAID?
3.1.2 Unless stated otherwise, no rates are cumulative or compounding under this Agreement.
Value
Note: Eligibility is determined by your employment status as at the day the successful vote closes as per clause
3.2.3(a).
3.2.2 The gift card is redeemable only at Coles Supermarkets, with an expiration date of 4 years and can be used
(at the election of a team member) in conjunction with the team member’s mycoles discount card.
3.2.3 To be an eligible wages-paid team member for the purpose of this clause:
(a) you must be a wages-paid team member covered by the Agreement and employed as at the date of
the successful vote (i.e., on the day the vote closes);
(b) you must have worked or been on approved paid leave or unpaid parental leave in at least 5 of the
previous 8 pay weeks as at the end of the successful vote; and
(c) you must still be employed as at the date of issue of the digital gift card (being the later of 30 April 2024
or the date that the FWC has approved the Agreement and concluded dealing with any appeals of that
approval (i.e., at the least, appeal timeframes must have expired).
3.3 Penalty rates for working ordinary hours during certain times
3.3.1 Unless you are employed as a shiftworker, if you work ordinary hours during the times set out in the table below,
you will receive the following penalties in addition to the Base Rate of Pay set out in clause 3.1:
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Casual team members
Full and part-time
Time of day (including casual
team members
loading)
3.3.2 The penalties applicable to team members employed as shiftworkers are set out in clause 4.5.4.
3.4.2 Increases will apply from the first full pay period after 1 July of the relevant year above.
3.4.3 Increases to the following allowances under the GRIA during the nominal term of this Agreement (including
any such increase in taking effect in July 2024) will be reflected in the applicable allowances of this Agreement:
3.5.2 We will provide you at least 4 weeks’ written notice if We change the pay day (including circumstances where
the impact of public holidays may require Us to change the pay day).
(a) If you are required to work more than 1 hour of overtime after your ordinary time of ending work, without
being given 24 hours’ notice, you will be either provided with a meal or be paid a meal allowance of
$21.57.
(b) Where such overtime work is more than 4 hours, you will receive a further meal allowance of $19.56.
(c) No meal allowance will be payable if you could reasonably return home for a meal within the period
allowed.
If you hold an appropriate first aid qualification and are appointed by Us to perform first aid duty, you will
receive an additional $12.94 per week.
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3.7.3 Broken Hill allowance
If you are working in the County of Yancowinna in New South Wales (Broken Hill), you will receive an additional
allowance of $1.12 per hour.
(a) If you are principally employed on any day to enter cold chambers and/or to stock and refill refrigerated
storages such as dairy cases or freezer cabinets, you will be paid an allowance per hour, while so
employed, of $0.34.
(b) If you are required to work in a cold chamber where the temperature is below 0°C, you will in addition to
the allowance in clause 3.7.4(a) also be paid an allowance per hour, while so employed, of $0.52.
If you have completed your rostered hours on a day, and you are recalled for unscheduled work, you will be
paid the greater of 3 hours or the time between when you leave your home and return home at the
appropriate rate of pay. This will not apply in circumstances of a Voluntary Additional Shift under clause 4.3.3.
From time to time, We may, at our sole discretion, decide to pay additional allowances. These do not form
part of this Agreement.
(a) If We require you to work at a place away from your usual place of employment, the time spent travelling
to and returning from that place of employment, in excess of the time normally spent travelling from your
home to your normal place of employment, will be paid as travelling time. Additionally, any expenses
reasonably incurred in excess of those normally incurred in these circumstances will be reimbursed.
(b) You will not be entitled to any reimbursement for your travel time or travel costs if you have elected or
requested to work at the different place of employment or away from your home store.
(c) Where We provide transport from a pick up point, you will be paid travelling time for all time spent
travelling from such pick up point and returning to such pick up point.
(d) The rate of pay for travelling time will be the Base Rate of Pay except on Sundays and public holidays
when it will be time and a half.
3.9.2 Transport costs if you are required to work at a different store for 3 weeks or less
If We require you to move temporarily from 1 store to another for 3 weeks or less, you will be reimbursed for all
additional transport costs you incur.
If We relocate your employment from one location to another location, and this reasonably requires you to
relocate your place of residence, We will be responsible for and will pay your moving expenses, including
fares and transport charges, for you and your family.
If We require you to use your own motor vehicle in performing your duties, you will receive an allowance of
$0.95 per kilometre.
(a) Unless you are a shift worker under clause 4.5, where you commence and/or cease work after 10.00 pm
on any day or prior to 7.00 am on any day and:
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(ii) you are unable to arrange your own alternative transport,
We will reimburse you for the cost of a taxi fare from the place of employment to your usual place of
residence.
(b) This will not apply if We provide or arrange proper transportation to and/or from your usual place of
residence, at no cost to you. You may elect to provide your own transport at your own cost.
3.10 Superannuation
3.10.1 We will make superannuation contributions to your nominated superannuation fund as required by the
relevant legislation.
3.10.2 If you were in receipt of superannuation contributions before a period of paid or unpaid parental leave, We
will continue to make superannuation contributions on your behalf (up to a period of 12 months) during the
period of paid and unpaid parental leave. The contribution calculation during unpaid parental leave will be
at your Base Rate of Pay based on your contracted hours.
(b) If you do not nominate a superannuation fund, We will comply with superannuation stapling obligations
and make superannuation contributions into your stapled superannuation fund, or the default
superannuation fund if you do not have a stapled superannuation fund.
(c) The default superannuation fund will be the Retail Employees Superannuation Trust, but you may elect in
writing to have your superannuation paid into an alternative complying fund.
(a) Subject to the governing rules of the relevant superannuation fund, We will also make the superannuation
contributions provided for in clause 3.10.1 and pay any amounts authorised under clause 3.10.5 or 3.10.6:
(ii) for the period you are absent from work (up to a maximum of 52 weeks) due to work-related injury or
work-related illness, provided that you are receiving workers compensation payments or receiving
regular payments directly from Us in accordance with the statutory requirements and you remain
employed by Us.
(a) You may, in writing, authorise Us to pay on your behalf a specified amount from your post-taxation wages
into your nominated superannuation fund (subject to the governing rules of the relevant superannuation
fund).
(b) You may adjust the amount you have authorised Us to pay from your wages from the first of the month,
following the giving of 3 months’ written notice to Coles.
(c) We will pay the amount authorised in accordance with this clause no later than 28 days after the end of
the month in which the authorised deduction was made.
(a) You may direct Us in writing to pay a portion of your pay as salary sacrifice into your nominated
superannuation fund. You will receive your wages payable under this Agreement, minus the amount
diverted as salary sacrifice contributions.
(a) Voluntary contributions under clause 3.10.5 or salary sacrifice under clause 3.10.6 are in addition to and
do not offset our obligation to pay superannuation under clause 3.10.1, and must be paid to the same
nominated fund as per clause 3.10.3.
(b) It will not be a breach of this Agreement if the actual wages paid to you fall below the rates set by this
Agreement solely because of the payment of additional superannuation contributions under clause
3.10.6 on a pre-tax basis. Where you elect to salary sacrifice, overtime rates, loadings, termination
payments and superannuation contributions made by Us on your behalf will be based on your pre-salary
sacrifice wage.
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4. PART 4 – WHEN CAN I WORK?
(a) team members have commitments outside of work that require attention;
(b) team members can have different caring responsibilities at different times in their lives;
(c) life outside of work is acknowledged and valued which is reflected in the way We listen, respect and
accommodate team members’ needs where possible;
(d) team members should not be penalised or disadvantaged for having care responsibilities;
(e) accommodating a team member’s care needs can have a positive impact on their children’s life and
access to learning and opportunities;
(f) accommodating a team member’s caring responsibilities can have positive benefits to Coles and to
those in our society who team members provide care to;
(g) working should provide team members with meaningful hours of work and the opportunity to earn a wage
that contributes to meeting their needs; and
(h) secure, predictable and stable working hours and rosters can help team members manage their care
responsibilities.
4.2.2 This clause does not operate to limit or increase or in any way alter the trading hours of Coles Supermarkets
or Coles Liquor as determined by the relevant State or Territory legislation.
(a) Ordinary hours (other than for shiftworkers) may be worked within the following spread of hours:
(b) Ordinary hours of work on any day are continuous, except for rest breaks and meal breaks as specified
in clause 4.8, or where agreed under clause 4.3.3.
Maximum number of days with 5 days (or 6 days in one week if no more than 4 days are worked in
ordinary hours per week the next week of the fixed 2-week cycle)
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Full-Time Team Part-Time Team
Rostering Provision Casual Team Members
Members Members
(a) You may be rostered to work up to a maximum of 9 ordinary hours on any day, provided that for 1 day
per week you can be rostered for a maximum of eleven ordinary hours.
(i) You will be provided at least a 12-hour rest period between the completion of work on 1 day and the
commencement of work on the next day. ‘Work’ for the purposes of this clause includes any
reasonable additional hours or overtime.
(ii) If you recommence work without having had 12 hours off work, then you will be paid at the rate of
200% until you have had a break of 12 consecutive hours.
(iii) You can agree to reduce this period to 10 hours by selecting the relevant Roster Choice.
(c) Ordinary hours will be worked on not more than 5 days in each week, provided that if ordinary hours are
worked on 6 days in one-week, ordinary hours in the following week of a fixed two-week cycle will be
worked on no more than 4 days.
(d) Ordinary hours and any reasonable additional hours may not be worked over more than 6 consecutive
days.
(e) For permanent team members, ordinary hours will be worked so as to provide you with 2 consecutive
days off each week or 3 consecutive days off in a 2-week period, unless you request otherwise by
selecting the relevant Roster Choice. You can terminate your agreement by giving 4 weeks’ notice to Us.
(f) For permanent team members, if you regularly work Sundays, you will be rostered so as to have 3
consecutive days off each 4 weeks and the consecutive days off will include Saturday and Sunday, unless
you request otherwise by selecting the relevant Roster Choice. You can terminate your agreement by
giving 4 weeks’ notice to Us.
(g) You will not be required to work ordinary hours on more than 19 days in each 4-week cycle. You may
agree to work ordinary hours on up to 20 days in each four-week cycle by selecting the relevant Roster
Choice.
(a) You will not be required to commence work more than once on the same day.
(b) If you are a part-time or casual team member who is 18 years or older, you may agree to do so if it suits
your personal circumstances by selecting the relevant Roster Choice to be rostered to work 2 shifts on the
same day (“Voluntary Additional Shift”).
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This means you may work ordinary hours in 2 blocks on 1 day with an unpaid period of at least 2 hours in
between the end of the first work block and the beginning of the second work block.
(i) the minimum number of hours for each shift will be 3 hours;
(ii) both shifts will be paid at the Base Rate of Pay plus penalties (if applicable);
(iii) all work on the day will be treated as 1 shift for the purpose of all other rostering provisions, including
calculating your entitlement to payment at overtime rates;
(iv) breaks will apply to the hours within each shift, assessed separately;
(v) the minimum break between shifts in clause 4.3.2(b) does not apply to the period between the 2
shifts; and
(d) Voluntary Additional Shifts will be on a voluntary basis only, and you can revoke your agreement to be
rostered to work Voluntary Additional Shifts by providing 28 days’ notice, or less by agreement.
(e) A Voluntary Additional Shift may only be incorporated into your regular pattern of work at your request,
and cannot be part of the offer of employment.
(a) We recognise the importance of part-time team members. Subject to our operational needs, We will
endeavour to offer additional hours under clause 4.3.4(f)(ii), where they are required, to part-time team
members.
(b) The minimum hours per day for a part-time team member is 3 hours.
(c) If you are a part-time team member, at the time of first being employed, you and Coles will agree, in
writing, on a regular pattern of work, specifying at least:
(iii) the actual starting and finishing times of each day; and
(d) The regular pattern of work of a part-time team member will not be changed from week to week or
fortnight to fortnight or to avoid any entitlements under this Agreement. If We do change your regular
pattern of work in this way and for this purpose, you will be paid any entitlements as if the regular pattern
of work had not been changed.
(e) You will be paid for ordinary hours worked at the Base Rate of Pay prescribed for the class of work
performed. You will be paid overtime (at the rates prescribed in clause 4.9.2) for all time worked in excess
of the hours as agreed under clause 4.3.4(c). So as to avoid doubt, any additional ordinary hours agreed
pursuant to a variation under clause 4.3.4(f)(ii) will not attract overtime.
(i) Any agreement in writing to vary the regular pattern of work will be made before the varied hours
commence. A variation under this subclause may be of a temporary (including ad-hoc or one-off
variations) or permanent nature. A variation in writing may be made by electronic means (this may
include MyColes, One Team, e-mail and SMS).
(ii) You can elect to provide written standing consent by selecting the relevant Roster Choice to vary
your regular pattern of work in order to work additional hours at the hourly rate prescribed for the
class of work performed. You can withdraw this standing consent at any time (up until accepting an
offer of additional hours).
(iii) To avoid doubt, if you provide standing consent, you can still verbally refuse to work additional hours
when offered on any occasion.
(iv) A record of the agreement to vary the regular pattern of work and any variations to it (including by
way of standing consent) will be retained by Us.
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(g) Right to request increase to permanent minimum contractual hours
If you have regularly worked a number of additional temporary hours under clause 4.3.4(f) over the
previous 12 months, you may request in writing to increase your permanent minimum contractual hours.
(i) We must discuss the request with you and genuinely try to reach agreement on an increase to your
minimum contractual hours to give you greater predictable hours and reasonably accommodate
your circumstances.
(ii) We may refuse the request upon reasonable business grounds in writing, and will respond to your
request within 21 days, including details of the reasons for the refusal.
(iii) If We agree to the request, the new agreement will be recorded in writing.
(a) We may reach agreement with the majority of team members concerned to substitute the day or half
day a team member is to take off in accordance with a roster arrangement for another day or half day
in the case of a breakdown in machinery or a failure or shortage of electric power or to meet the
requirements of the business in the event of rush orders or some other emergency situation.
(b) You may agree with Us to substitute another day for your rostered day off.
(c) You may agree with Us to accumulate up to a maximum of 5 rostered days off in any 1 year. Such
accumulated periods may be taken at times mutually convenient to you and Coles.
4.4.2 In this clause, a store means a Coles Supermarket (for team members employed by Coles Supermarkets) or
a Coles Liquor store (for team members employed by Coles Liquor). It is not possible to work additional shifts
across the 2 brands at this time.
4.4.3 All team members will be engaged at a home store. You may, by agreement in writing, work shifts at another
store, either on a ‘one off’ or ongoing basis by nominating additional stores in writing.
4.4.4 You may withdraw this nomination of additional stores by giving 28 days’ notice in writing. You acknowledge
this may result in a decrease in your total contract hours and/or available hours of work.
4.4.5 If you don’t agree to work shifts at a store other than your home store (by nominating additional stores as per
clause 4.4.3), but are required by Us to do so, then you will be entitled to a transport allowance and/or
payment for travel time under clause 3.9.
4.4.6 A team member’s nomination to work across multi sites will not be a condition of employment.
4.5 Shiftwork
4.5.1 This clause will apply only to team members specifically employed by Us as shiftworkers under this Agreement.
4.5.2 Unless specifically modified by or contrary to the operation of this clause, all provisions of this Agreement
apply to shiftworkers.
(a) For the purposes of this clause, shiftwork means a shift starting at or after 6.00pm on one day and before
5.00am on the following day.
(b) Shiftwork does not include a shift which starts and finishes on the same day within the following hours:
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(c) All time between the actual commencing time and the actual ceasing time on any shift will count and
will be paid for as time worked.
4.5.4 Rate of pay for shiftwork – other than Baking production team members
(a) The shift penalties in this clause apply to shiftworkers instead of those in clause 3.3.1, except for public
holidays below at clause 4.5.4(e).
(b) Any shiftwork performed between midnight Sunday and midnight Friday will be paid at the rate of 130%
(155% for casuals) of the Base Rate of Pay.
(c) Any shiftwork performed on a Saturday will be paid at the rate of 150% (175% for casuals) of the Base Rate
of Pay.
(d) Any shiftwork performed on a Sunday will be paid at the rate of 175% (200% for casuals) of the Base Rate
of Pay.
(e) Where a shiftworker elects to work on a public holiday, then the provisions set out in clause 3.3.1 will apply
for all hours of the shift.
(f) For the purposes of this clause, where a shift falls partly on a public holiday, the shift which commences
on the public holiday will be regarded as the public holiday shift. Provided that if you elect not to work
on a public holiday shift you will be entitled to be absent without loss of pay.
(g) Provided that in any store where it is mutually agreed between Coles and the majority of team members
engaged in that store under the provisions of this clause another shift may be substituted for the shift
which commences on the public holiday as the holiday shift and in such instance the provisions of clause
3.3.1 relating to such public holiday will apply only to the day so substituted.
4.5.5 Notwithstanding the provision of clause 4.8, all rest pauses and meal breaks taken by shiftworkers are paid
breaks and form part of the hours of work.
4.5.6 Shiftwork rosters cannot be varied so as to avoid the provision of the public holiday entitlements of shiftworkers.
4.5.7 Rosters of shiftworkers cannot be arranged so as to have the shiftworker work both shiftwork and non shiftwork
in the same week.
(c) the commencing and ceasing time of work for each day of the week.
(a) the family or caring responsibilities, and study commitments of the team member; and
(b) whether the team member has safe transport home; and
4.6.4 We will retain rosters for twelve months. We will provide it, on request, for inspection by an authorised person.
4.6.5 Your rostered hours may be altered at any time by agreement, including any variations agreed under clause
4.3.4(f)(i) for part-time team members.
4.6.6 Due to unexpected operational requirements, your roster for a given day may be changed by agreement
with you, before you arrive for work.
4.6.7 We will provide you with a minimum of 7 days’ notice of a permanent roster change. If you disagree with the
roster change, you will be provided a minimum of 14 days’ written notice instead of 7 days, during which time
there will be discussions aimed at resolving the matter in accordance with clause 13 of this Agreement.
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4.6.8 Where your roster is changed with the appropriate notice for a once-only event caused by particular
circumstances not constituting an emergency, and your roster reverts to the previous pattern in the following
week, the extra work you performed because of the change of roster will be paid at the applicable overtime
rate of pay.
4.6.9 Your roster can’t be changed with the intent of avoiding payment of penalties, loading or other benefits. If
this occurs, you will be entitled to such penalty, loading or benefit as if the roster had not been changed.
(d) approved by the Store Manager or the Manager on Duty at least the day prior to the start of the shift.
Less notice may be provided by you if your Store Manager or Manager on Duty agrees.
4.8.2 The timing of the taking of a rest break or meal break is intended to provide you with a meaningful break
during work hours.
4.8.3 You cannot be required to take a rest break or meal break within 1 hour of commencing or ceasing of work.
You cannot be required to take a rest break(s) combined with a meal break.
4.8.4 You can’t work more than 5 hours without a meal break.
4.8.5 The time of taking rest and meal breaks and the duration of meal breaks form part of the roster.
4.8.6 Rest breaks are paid breaks and meal breaks (except for shiftworkers) are unpaid breaks.
4.8.7 The Agreement flexibility clause 10 can be utilised to permit variations to this clause by agreement between
Us and you.
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4.9 How will I be paid for overtime worked?
4.9.1 Reasonable overtime for team members
(a) Subject to clause 4.9.1(b), you may be required to work reasonable overtime which will be paid at
overtime rates in accordance with the provisions of this clause.
(b) You may refuse to work overtime in circumstances where the working of such overtime would result in you
working hours which are unreasonable having regard to:
(iv) the notice (if any) given by Us of the overtime and the notice you have given Us of your intention to
refuse it; and
4.9.2 Payment for overtime for full-time and part-time team members
(a) The following hours will be paid at overtime rates as set out in clause 4.9.2(c):
(ii) hours worked outside the spread of hours (except for shiftwork) as defined in clause 4.2.3; or
(iii) hours worked outside of roster conditions prescribed in clauses 4.3.1, 4.3.2 and 4.3.4.
(b) Hours worked by part-time team members in excess of the agreed hours in clause 4.3.4(c) or as varied
under clause 4.3.4(f)(i) or 4.3.4(f)(ii), or in excess of 38 hours per week, will be paid at overtime rates.
(c) Overtime rates for full-time and part-time team members are as follows:
Sunday 200%
(a) A casual team member may be offered work which qualifies as overtime. The following hours will be paid
at overtime rates as set out in clause 4.9.3(b):
(ii) hours worked outside of the spread of hours (except for shiftwork) as defined in clause 4.2.3; or
(iii) hours worked in excess of 9 ordinary hours per day, provided that 1 day per week a casual team
member may work 11 ordinary hours without attracting overtime rates.
Sunday 225%
(a) If you are a permanent team member, We may agree that you can take time off instead of being paid
at overtime rates for a particular amount of overtime that you have worked.
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(b) The period of time off that you are entitled to take is equivalent to the overtime payment that would have
been made to you.
EXAMPLE: By making an agreement under this clause, if you worked 2 overtime hours at the rate of time and a half,
you are entitled to 3 hours’ time off.
(i) within the period of 6 months after the overtime is worked; and
(d) If you’ve made an agreement under clause 4.9.4(a) but have not taken the time off, you can request at
any time to have the overtime paid to you instead. We must pay you for the overtime in the next pay
period following the request, at the overtime rate applicable to the overtime when worked.
(e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in
clause 4.9.4(c), We must pay you for the overtime in the next pay period following those 6 months, at the
overtime rate applicable to the overtime when worked.
(f) We must not exert undue influence or undue pressure on a you in relation to a decision by you to make,
or not make, an agreement to take time off instead of payment for overtime.
(g) If you’ve made an agreement under clause 4.9.4(a) but have not taken the time off at the end of your
employment, We must pay you for the overtime at the overtime rate applicable to the overtime when
worked.
(h) If you’ve made an agreement under clause 4.9.4(a), you may take time off at the time or times specified
in the agreement or at a time or times subsequently agreed by Us and you.
(a) You may agree by selecting the relevant Roster Choice that hours worked outside the spread of hours in
clause 4.2.3 are to be counted as part of your ordinary weekly hours, so long as you receive the
applicable overtime rate as set out in this clause.
(b) You may withdraw agreement to an arrangement made under this clause by giving 28 days’ written
notice (or less where mutually agreed).
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5. PART 5 – ARRANGEMENTS FOR PUBLIC HOLIDAYS
5.1.1 Other than as noted in this clause, public holidays are as provided for in the NES. Additionally, Easter Sunday
will be deemed a public holiday for the purposes of this Agreement in the State of Tasmania.
5.1.2 A majority of team members at a store may agree with Coles to substitute another day for a public holiday.
If either the public holiday or the substitute day is worked, public holiday penalties will be paid. If both days
are worked by a team member, the team member can choose 1 of the days to be paid at public holiday
rates.
(a) We cannot require you to work on a public holiday. However, you may volunteer to work on any public
holiday as provided for in this clause.
(b) Where a store opens for trade on a public holiday, if you would normally be rostered to work you may
request to work the day (or part thereof) and will be paid the appropriate penalty for time so worked. We
may decide to decline such a request if there is no operational need for you to work.
5.1.4 Work on Christmas Eve and/or New Year’s Eve after 6pm
(a) Where it is not a public holiday in the State or Territory where you work after 6pm on Christmas Eve and/or
after 6pm on New Year’s Eve, work is voluntary, subject to the following:
(i) We will start a process to see if any permanent team members do not want to work their rostered
hours, advising team members that work is voluntary;
(ii) at least 4 weeks prior to the public holiday, you may advise Us you do not want to work (considering
our customers’ expectations and business operational requirements);
(iii) where this occurs, at least 7 days prior We will ask for volunteers to work; and
(iv) if there are not enough volunteers to work, We may require you to work your rostered shift so that a
reasonable staffing level is reached.
(b) Where it is not a public holiday in the State or Territory where you work, permanent team members
rostered to work on Christmas Eve after 6pm and/or New Year’s Eve after 6pm and who do not want to
work, may:
(ii) if they have insufficient annual leave accrued, request to have their ordinary hours, at our sole
discretion, re-rostered in the 4-week cycle as part of their ordinary hours and paid the Base Rate of
Pay and applicable penalties; or
(iii) if they have insufficient annual leave, and We are unable to re-roster their hours, take unpaid leave.
5.1.5 If you are a permanent team member and have worked on a public holiday, by agreement with Coles you
may be compensated for a particular public holiday by either:
(a) having an equivalent day or equivalent time off instead without loss of pay, which must be taken within
4 weeks of the public holiday occurring, or it will be paid out to you; or
5.1.6 Where agreement is reached under this clause, you will be paid at the Base Rate of Pay for ordinary hours
worked on the relevant public holiday, and the public holiday penalty in clause 3.3.1 will not apply.
5.1.7 Agreement reached under this clause is only valid for each occasion work is performed on a public holiday.
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6. PART 6 — TAKING TIME OFF
6.1.2 Full-time team members will be entitled to 4 weeks (152 hours) of annual leave for each year of continuous
service.
6.1.3 Part-time team members will be entitled to annual leave on a pro-rata basis. Coles recognises a part-time
team member will be able to take annual leave for hours varied in accordance with clause 4.3.4(f).
6.1.5 You can take accrued annual leave each year, by mutual agreement. We will not unreasonably refuse your
application for annual leave.
6.1.6 Where possible, a full-time team member is to be given preference to take their non-working day in
conjunction with annual leave, or to move their non-working day so that it adjoins a period of annual leave.
6.1.7 Where a public holiday as outlined in clause 5.1.1 falls within a period of annual leave, that day(s) or part-
day is treated as a public holiday (meaning it will be treated as a day or part-day off with pay, based on your
ordinary rostered hours) and will not be deducted from your annual leave entitlement.
6.1.8 If your period of annual leave includes a period of any other leave (other than unpaid parental leave), this
will not be deemed to be annual leave for the period of that other leave. The other leave will be taken in
accordance with the applicable leave provisions in this Agreement.
For the purpose of the additional week of annual leave provided for in the NES, a shiftworker is a 7-day
shiftworker who is regularly rostered to work on Sundays and public holidays in a business in which shifts are
continuously rostered 24 hours a day for 7 days a week.
(a) During a period of annual leave, you will receive a loading calculated on the Base Rate of Pay prescribed
in clause 3.1 of this Agreement. The annual leave loading is payable on leave you have accrued.
(b) Annual leave loading will be paid for non-shiftworkers at the greater of 17.5% for the whole period of
leave or the relevant penalty rates that would have been paid to you had you not been on leave.
(c) Annual leave loading will be paid for shiftworkers at the greater of 17.5% for the whole period of leave or
the relevant shift loading (plus weekend penalty rates, if applicable) that would have been paid to you
had you not been on leave.
(a) We may agree in writing to allow you to take a period of paid annual leave before you have accrued
an entitlement to that annual leave.
(b) The agreement must state the amount of leave to be taken in advance and the date on which leave is
to commence; and be signed by an authorised representative of Coles and you. If you are under 18 years
of age, it must be signed by your parent or guardian. We will keep a copy of this agreement as a team
member record.
(c) If, on the termination of your employment, you have not accrued an entitlement to all of the period of
paid annual leave you took in advance, We may deduct the balance from any final payment due to
you.
6.1.12 Close-down
We may require you to take annual leave as part of a close-down of our operations, or part of our operations,
by giving you at least 4 weeks’ notice.
Note: Clauses 6.1.13 to 6.1.15 contain provisions, additional to the NES, about the taking of paid annual leave as a way of
dealing with the accrual of excessive paid annual leave. See Part 2.2, Division 6 of the Act.
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(a) What is excessive leave?
If you have accrued more than 8 weeks’ paid annual leave (or 10 weeks’ paid annual leave for a
shiftworker, as defined by clause 6.1.9), this will be deemed as excessive leave for the purposes of this
clause.
(b) Where you have an excessive leave accrual, We may seek to discuss this with you and genuinely try to
reach agreement on how to reduce or eliminate the excessive leave accrual.
(c) Clause 6.1.14 sets out how We may direct a team member who has an excessive leave accrual to take
paid annual leave.
(d) Clause 6.1.15 sets out how a team member who has an excessive leave accrual may require Us to
approve paid annual leave requested by the team member.
(a) If We have genuinely tried to reach agreement with you under clause 6.1.13(b) but agreement is not
reached (including because you refuse to discuss), We may direct you in writing to take 1 or more periods
of paid annual leave.
(i) is of no effect if it would result at any time in your remaining accrued entitlement to paid annual leave
being less than 6 weeks when any other paid annual leave arrangements (whether made under
clause 6.1.13, 6.1.14 or 6.1.15 or otherwise agreed between Us) are taken into account; and
(ii) must not require you to take any period of paid annual leave of less than 1 week; and
(iii) must not require you to take a period of paid annual leave beginning less than 8 weeks, or more than
12 months, after the direction is given; and
(iv) must not be inconsistent with any leave arrangement agreed between Us and you.
(c) You must take paid annual leave in accordance with a direction under clause 6.1.14(a) that is in effect.
(d) Even if this direction has been given, you may request to take a period of paid annual leave as if the
direction had not been given.
(a) If you have genuinely tried to reach agreement with Us under clause 6.1.13(b) but agreement is not
reached (including because We refuse to discuss), you may give written notice to Us requesting to take
1 or more periods of paid annual leave.
(b) However, you may only give a notice to Us under clause 6.1.15(a) if:
(i) you have had an excessive leave accrual for more than 6 months at the time of giving the notice;
and
(ii) you have not been given a direction under clause 6.1.14(a) that, when any other paid annual leave
arrangements (whether made under clause 6.1.13, 6.1.14 or 6.1.15 or otherwise agreed between us)
are taken into account, that would eliminate your excessive leave accrual.
(i) if granted, result in your remaining accrued entitlement to paid annual leave being at any time less
than 6 weeks when any other paid annual leave arrangements (whether made under clause 6.1.13,
6.1.14 or 6.1.15 or otherwise agreed between us) are taken into account; or
(ii) provide for you to take any period of paid annual leave of less than 1 week; or
(iii) provide for you to take a period of paid annual leave beginning less than 8 weeks, or more than 12
months, after the notice is given; or
(d) You are not entitled to request by a notice under clause 6.1.15(a) more than 4 weeks’ paid annual leave
(or 5 weeks’ paid annual leave for a shiftworker, as defined by clause 6.1.9) in any period of 12 months.
(e) We must grant paid annual leave requested by a notice under clause 6.1.15(a).
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6.1.16 Cashing out of annual leave
(a) If you have an accrued annual leave entitlement of more than 4 weeks, you can choose to ‘cash out’ a
portion of your annual leave.
(i) you retain at least 4 weeks of annual leave (after the ‘cashing out’ has occurred); and
(ii) each instance of ‘cashing out’ is a separate agreement, retained by Us on our system.
(c) If approved, you will be paid at the rate you would have received had you taken the leave at the time
the payment is made.
(d) If you are under 18 years of age, you must provide evidence of your parent or guardian’s consent to cash
out your annual leave.
6.2.2 You may request to access long service leave on the basis of double the time at half pay, provided that you
will not accrue any more leave than you would have had you taken long service leave on normal pay.
Requests will not be unreasonably refused.
6.3.2 If We agree to this request, it will not break your continuity of service. All paid leave entitlements that you are
eligible to apply for must be taken before the leave of absence, unless otherwise agreed.
(a) studying commitments requiring time to attend exams or participate in annual school holidays;
6.3.4 During a period of unpaid leave, you will not accrue annual leave or personal/carer’s leave or long service
leave (subject to State or Territory legislation).
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7. PART 7 — PERSONAL/CARER’S/COMPASSIONATE LEAVE
(a) when you are unable to attend work as rostered due to a personal illness or injury; or
(b) when a member of your Immediate Family (as defined in Appendix A1) or household requires care or
support due to:
7.1.4 Wherever practicable, you will notify the Store Manager (or if the Store Manager is not present, the Manager
on duty) prior to the start of your shift of:
(b) as far as reasonable, the nature of the illness or injury or a satisfactory explanation of the reason for the
personal/carer’s leave; and
No, unless you are absent the day before or day after a public
holiday, when We will require a medical certificate issued by a
1st and 2nd single shift
duly qualified medical practitioner or statutory declaration to
receive payment.
7.1.6 If a member of your Immediate Family has a long-term disability or illness, you can provide evidence of the
need to take carer’s leave for this purpose once per 6 months, which will apply for any future leave required
for this caring responsibility for the next 6-month period.
7.1.7 Personal/carer’s leave will be paid at your Base Rate of Pay for the hours you are normally rostered to work.
The penalties in clauses 3.3, 4.9.5, 4.5.4 and A3.4 do not apply.
7.1.8 You may be required to provide reasonable proof of the reason for your absence to approve payment.
7.1.9 You will not be entitled to paid personal/carer’s leave for any period where you are entitled to workers
compensation.
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7.2.2 The 2 days can be taken as a continuous period, or any separate periods as agreed between you and Us.
7.2.3 Permanent team members are only entitled to unpaid carer’s leave once their paid carer’s leave (in
accordance with clause 7.1) has been used.
7.2.4 As soon as is reasonably practicable, you will provide Us with notice of:
7.2.5 By agreement, you may work ‘make-up time’ during ordinary hours. This is when you take time off during
ordinary hours, and work those hours at a later time. When you take make-up time, all rostering provisions in
this Agreement apply.
If you are a permanent team member, you can take the following time off:
Circumstance Entitlement
Where a member of your Immediate Family (as 2 paid shifts for the purposes of spending time with
defined in Appendix A1) or household suffers a that person (either as a continuous period or single
serious illness or injury. shifts)
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7.3.2 If you are a permanent team member and you are attending the funeral of a relative detailed in clause 7.3.1
which requires you to travel:
(a) interstate or more than 500 kilometres, you will be entitled to receive an additional 2 shifts of unpaid leave;
or
(b) outside of Australia, you will be entitled to receive an additional 2 weeks of unpaid leave.
7.3.3 Compassionate leave will be paid at your Base Rate of Pay for the hours normally rostered to work. The
penalties in clauses 3.3, 4.9.5, 4.5.4 and A3.4 do not apply.
Circumstance Entitlement
7.3.5 For both permanent and casual team members, you will need to provide Us with:
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8. PART 8 - PARENTAL LEAVE AND RELATED ENTITLEMENTS
8.1 Entitlement
8.1.1 Except as otherwise provided for in this Agreement, your entitlements to parental leave are as provided for
in the NES.
8.1.2 You may also be able to access additional benefits under the Coles Parental Leave Support Kit, as amended
from time to time. However, the Coles Parental Leave Support Kit is not incorporated into this Agreement.
where you have or will have responsibility for the care of the Child or Adopted Child.
Stating:
Written notice • the intended start and end dates for any continuous parental leave; and
• the total number of flexible unpaid parental leave days you intend to take, if any.
(b) intend to receive a government paid parental leave payment during the period of parental leave and
have not received the final payment as yet.
8.3.2 Your request to be engaged on a casual basis is in addition to your entitlement to ‘keeping in touch’ days
under the Act.
8.3.3 You will not accrue any leave except for long service leave when working casually during unpaid parental
leave.
8.3.4 Any work undertaken as a casual team member will not extend the period of parental leave beyond the
original period of leave approved.
8.3.5 Any work performed will be paid at the casual Base Rate of Pay as provided in clause 2.2.4(b).
28
8.4 Extending Parental Leave
8.4.1 If you have completed 12 months’ continuous service and originally applied for:
(a) Less than 52 weeks’ leave, if eligible, you may extend your leave up to a total of 52 weeks (or more by
agreement); or
(b) 52 weeks’ leave, if eligible, you may extend your leave up to a total of 104 weeks.
8.4.2 If you extend your leave, you must provide 4 weeks’ written notice before the original leave ends, including
details of your original leave dates and the new end date. We must respond in writing within 21 days.
8.5.2 If you are a casual team member, you will be re-engaged as a casual team member when returning to work.
8.5.3 If you have at least 12 months’ continuous service before starting part-time work after the birth of a Child or
placement of an Adopted Child, you can return to your pre-parental leave position:
(b) at the end of any following periods of part-time work if there is more than 1 period.
(b) a team member who has returned to work following the birth of a Child or placement of an Adopted
Child until they reach school age.
8.6.2 You may work part-time under this clause regardless of any other clause in the Agreement that limits the
circumstances and terms of part-time employment.
8.6.3 Before starting a period of part-time work under this clause, a part-time work agreement will be agreed to in
writing and We will confirm the following:
(a) by agreement; or
8.6.5 We will provide a copy of the part-time work agreement to you, and any variation to it, and will also retain
copies for our records.
(a) is pregnant; or
(b) is preparing for the placement of an Adopted Child as defined in Appendix A1; or
(d) has a spouse or partner who is pregnant or preparing for the placement of an Adopted Child or about
to foster a child.
8.7.2 You may access your personal/carer’s leave entitlement or unpaid leave for medical appointments
associated with pregnancy or medical or other appointments associated with pre-adoption or pre-fostering,
as relevant.
29
8.7.3 Where possible, you should arrange appointments as close as possible to the start or end of your ordinary
rostered hours.
8.7.4 You will provide Us with reasonable notice of your requirement to take pre-natal leave.
8.7.5 The actual time taken to attend each appointment will be deducted from your accrued personal leave or
carer’s leave entitlement, and it will be paid at the Base Rate of Pay for the hours normally rostered to work.
The penalties in clauses 3.3, 4.9.5, 4.5.4 and A3.4 do not apply.
8.7.6 You may be required to provide Us with proof of attendance in accordance with the relevant leave type
being accessed (e.g., clause 7.1).
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9. PART 9 - WHAT OTHER TYPES OF LEAVE CAN I TAKE?
9.1.2 If you are experiencing family or domestic violence, in order to support you and provide a safe work
environment, We will consider any reasonable request for:
(d) any other appropriate measures including those available under existing provisions for family friendly and
flexible working arrangements.
(b) at a time as close as possible to the start or end of your ordinary rostered hours.
9.2.3 You must notify Us of the date and time as soon as possible.
9.2.4 You must provide Us with proof of your attendance and the length of your attendance at your appointment.
9.2.5 You’ll receive payment for your ordinary rostered hours had you not been on blood donor leave (paid at your
Base Rate of Pay and any penalty payments and allowances you would have received).
(b) creates a need for you to care for a member of your household; or
(c) poses a genuine threat to you gaining access to your home (e.g. road closures).
9.3.2 If you are a permanent team member and you are unable to attend for work as rostered due to a cyclone
warning or a natural disaster, you may request access to natural disaster leave. Requests will not be
unreasonably refused provided that there are no reasonable alternative arrangements which would allow
you to attend work such as:
(a) you can work your rostered shift at an alternative surrounding store; and/or
9.3.3 If you are a permanent team member you are entitled to access up to 3 days of paid natural disaster leave
(pro-rata if you are part-time) payable at your Base Rate of Pay for the hours you are normally rostered to
work. The penalties provided in clauses 3.3, 4.9.5, 4.5.4 and A3.4 do not apply. This leave does not accumulate
from year to year.
31
9.4.3 If you are attending for jury service (including selection), you are not required to attend work on that day. The
combination of consecutive jury and work days will not exceed the maximum days provided in clause 4.3.1.
9.4.4 To receive payment for jury service leave, you must provide Us with:
9.4.5 If you are a permanent team member, you will be paid the difference between jury service fees received
and your Base Rate of Pay, plus penalty payments that you would have received for your ordinary rostered
hours had you not been on jury service.
9.4.6 If you are a permanent team member and you are required to attend for jury service during annual leave,
you will be entitled to have your annual leave entitlement re-credited, as provided in clause 6.1.8.
9.4.7 If you are a casual team member, you may be entitled to payment, in accordance with the relevant State
or Territory legislation.
9.5.2 In respect of accessing emergency services leave to attend emergencies in the local area:
(a) We will not unreasonably restrict you from accessing this leave; and
9.5.3 If you are a permanent team member attending emergencies outside of the local area, you are entitled to
a maximum of 2 paid days of emergency services leave. We may approve additional paid leave, depending
on the seriousness of the emergency (e.g., major bushfire).
9.5.4 You must provide Us with notice as soon as practicable and keep Us informed about the time off needed.
9.5.5 If you are a permanent team member, you must provide Us with supporting documentation as evidence of
your requirement to take emergency services leave.
9.5.6 If you are a permanent team member, you will be paid emergency services leave at your Base Rate of Pay
for the hours you are normally rostered to work. The penalties provided in clauses 3.3, 4.9.5, 4.5.4 and A3.4 do
not apply.
9.5.7 If you are a casual team member, you can access unpaid emergency services leave.
9.6.2 If you are a permanent team member required to attend full-time training to prepare for Defence service,
you will be paid the difference between the payment received in respect of your attendance and your Base
Rate of Pay for the hours you are normally rostered to work.
9.6.3 For other types of Defence service, if you are a permanent team member you are entitled to unpaid Defence
service leave.
9.6.4 If you are a casual team member, you are entitled to unpaid Defence service leave.
32
10. PART 10 – FLEXIBILITY
(iv) allowances;
(b) the IFA meets the genuine needs of you and Coles; and
(a) are about permitted matters under section 172 of the Act; and
(b) are not unlawful terms under section 194 of the Act; and
(c) result in you being better off overall than if no IFA was made.
(c) is signed by an authorised representative of Coles and you, (or signed by your parent or guardian if you
are under 18); and
(i) the terms of the Agreement that will be varied by the IFA; and
(ii) how the IFA will vary the effect of the terms; and
(iii) how you’ll be better off overall in relation to the terms and conditions of your employment as a result
of the IFA; and
10.1.4 Coles must give you a copy of the IFA within 14 days after it is agreed to.
(a) by giving no more than 28 days’ written notice to the other party to the IFA; or
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11. PART 11 – CONSULTATION & WORKPLACE CHANGE
(a) We have made a definite decision to introduce major changes in production, program, organisation,
structure or technology; and
(b) major changes in the composition, operation or size of our workforce or in the skills required;
(c) the elimination or diminution of job opportunities, promotion opportunities or job tenure;
(e) the need for retraining or transfer of team members to other work or locations; and
11.1.3 Where this Agreement makes provision for changes of any of these matters, the change is deemed not to
have significant effect.
(a) Notification: Where We have made a definite decision to introduce major workplace change, We must
notify the team members who may be affected by the proposed change and their representatives, if
any.
(b) Discussion:
(i) As early as practicable after we’ve made a definite decision to make the change referred to in
clause 11.1.1, We must discuss with the affected team members and their representatives, if any:
(B) the effects the changes are likely to have on team members; and
(C) measures to avert or mitigate the adverse effects of such changes on affected team
members.
(ii) We must give prompt consideration to matters raised by you and/or your representatives in relation
to the changes.
(iii) For the purposes of such discussion, We must provide all relevant information to affected team
members in writing (including to their representatives, if any) including:
(c) We are not required to disclose confidential information if the disclosure would be contrary to our interests.
11.2.2 If We propose to change your regular roster or ordinary hours of work, We must consult with you and your
representatives, if any, about the proposed change.
11.2.3 We must:
(a) provide you and your representatives, if any, information about the proposed change (for example,
information about the nature of the change to your regular roster or ordinary hours of work and when
that change is proposed to commence);
34
(b) invite you and your representatives, if any, to give your views about the impact of the proposed change
(including any impact in relation to your family or caring, or study responsibilities); and
(c) give consideration to any views about the impact of the proposed change that you or your
representatives have provided.
11.2.4 The requirement to consult under this clause does not apply if you have irregular, sporadic or unpredictable
working hours.
11.2.5 These provisions are to be read in conjunction with other Agreement provisions concerning the scheduling of
work and notice requirements.
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12. PART 12 - UNION RECOGNITION
12.1.2 We support freedom of association, including acknowledging the right of every team member to join the
SDA/AWU and to remain a member of the SDA/AWU, including the right of new team member/s to consider
and have explained the benefits of SDA/AWU membership, workplace rights and this Agreement, by the
SDA/AWU.
12.1.3 Upon authorisation from a team member, We will deduct a team member’s relevant SDA/AWU membership
contribution in accordance with its existing practices and the SDA/AWU rules.
12.1.4 The SDA/AWU will continue to have the right to place official union notices on store noticeboards.
12.2.2 Where a team member is acting in their capacity as a Union delegate, We will:
(b) Not knowingly or recklessly make a false or misleading representation to the Union delegate; and
(c) Allow the exercise of the rights of the Union delegate under this Agreement and the Act, without
hinderance or obstruction.
12.2.3 A Union delegate is entitled to reasonable communication with team members and will be provided with
reasonable access to the workplace and workplace facilities.
12.3.2 Union delegates within Coles Liquor Retail Stores will be granted leave with pay of up to 2 paid shifts per store,
per year to attend training courses conducted or approved by the SDA/AWU.
12.3.3 The SDA/AWU will provide Coles Supermarkets with 28 days’ notice, and Coles Liquor 35 days’ notice, before
the training date/s and notify Us of the details of courses delegates have applied to attend. Payment for
attendance at the course will be in accordance with the roster that would have been worked on the day of
the training. We will not pay for a Union delegate to attend training which falls on a day the Union delegate
is not rostered to work.
12.3.4 Other unpaid delegates’ leave may be agreed with Us, at its discretion, to undertake specific SDA/AWU
projects.
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13. PART 13 - DISPUTE RESOLUTION
13.1.2 Representatives
(a) Any party to a dispute may appoint a representative of their choice for the purposes of the procedures
in this clause.
(b) So as to avoid doubt, a Union may initiate a dispute under this clause on behalf of a Union member(s) in
respect of whom they are entitled to represent the industrial interests.
13.1.3 Step 1: In the first instance, you must try to resolve the dispute at the workplace level, by discussions between
you and relevant supervisors and/or management.
13.1.4 Step 2: If the dispute is still unresolved, after you’ve put the dispute in writing, an appropriate Coles
representative will assist in resolving the dispute. You may appoint a team member representative to represent
you in relation to the dispute.
13.1.5 Step 3: If the dispute is still unresolved, a senior representative of Coles or another authorised representative
of Coles will become involved. You and/or your representative will meet as required with Coles’
representatives.
13.1.6 Step 4: If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the
matter to the FWC.
(i) the FWC will first attempt to resolve the dispute as it considers appropriate, including by mediation,
conciliation, expressing an opinion or making a recommendation; and
(ii) if the FWC is unable to resolve the dispute at the first stage, the FWC may then arbitrate the dispute
by declaration.
(b) If the FWC arbitrates the dispute, it may also use the powers that are available to it under the Act.
(c) A decision that the FWC makes when arbitrating a dispute is a decision for the purpose of Division 3 of
Part 5-1 of the Act. Therefore, appeals may be made against the decision, as well as any appeal to the
Federal Court on any question of law.
13.1.7 While the parties are trying to resolve the dispute using the procedures in this term:
(a) you must continue to perform as you would normally unless you have a reasonable concern about an
imminent risk to your health or safety; and
(b) you must comply with a direction We give you to perform other available work at the same workplace,
or at another workplace, unless the work is not safe.
13.1.8 If there is a dispute relating to changes to rosters under clause 11.2 or clause 4.6, until the dispute is resolved
work will continue in accordance with your roster immediately prior to the dispute arising. If the dispute does
not relate to changes to rosters, clause 13.1.7 will apply.
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14. PART 14 – LEAVING COLES
Period of continuous service Team members under 45 Team members 45 and over
(b) your employment is terminated for serious misconduct, in accordance with the NES.
14.1.3 If you are a permanent team member, you can resign by giving 1 weeks’ notice in writing.
14.1.4 If you don’t give Us the required notice and you are at least 18 years old, We may withhold from any payment
due to you, an amount not more than what you would have been paid under this Agreement in respect of
the period of notice you did not give.
14.1.5 If We have given you notice of termination, you may take up to 1 paid day off to look for another job. The
time off is to be taken at times that are convenient to you and Coles after consultation with your line manager.
14.2.2 Discussions before terminations (to be read in conjunction with clause 11.1)
(a) After We have made a definite decision that the job a team member has been doing will no longer be
done by anyone (and this is not due to the ordinary and customary turnover of labour) and that decision
may lead to termination of employment, We will hold discussions with:
(ii) the registered organisations known to Coles as having members and who are entitled to represent
the industrial interests of the team members concerned.
(b) Discussions will take place as soon as practicable and will cover:
(iii) the measures to mitigate the adverse effects on the team members concerned;
(c) All relevant information will be provided in writing to the team member(s) concerned and the registered
organisations as defined in clause 14.2.2(a)(ii).
(d) However, We will not be required to disclose confidential information which would negatively impact our
interests.
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14.2.3 Transfer to lower paid duties
If you are transferred to a lower paid classification due to redundancy, you are entitled to the same notice
period as if your employment had been terminated. We can make payment instead of notice. Where this
occurs, you’ll be paid the difference between your former Base Rate of Pay and your new Base Rate of Pay
in lieu of notice.
If you are given notice of termination due to redundancy, you may terminate your employment during the
period of notice. If you do so, you are entitled to receive the benefits and payments you would have received
under this clause if you had remained in employment until the expiry of the notice period. However, you won’t
be entitled to payment for notice you didn’t work.
(a) If We have given you notice of termination when your role is made redundant, you may take up to 1 paid
day off during each week of notice to look for another job.
(b) If you’ve been allowed paid leave for more than 1 day in accordance with (a) above, and We request,
you must provide proof of attendance at an interview (a statutory declaration is sufficient). If you are
unable to provide this, you will not be entitled to payment for the time absent.
(a) Unless one of the exclusions in clause 14.2.6(b), 14.2.7 or 14.2.8 applies, if your role is made redundant and
your employment is terminated as a consequence, you will receive the following amounts of redundancy
pay (instead of the amounts set out in section 119(2) of the Act):
Period of continuous service Team members under 45 Team members 45 and over
(b) You will not be entitled to redundancy pay under clause 14.2.6(a) if:
(i) you are a fixed term team member who has been engaged for a specified period of time, for a
specified task, or for the duration of a specified season;
(iv) a training arrangement (other than an apprenticeship) applies to you and your employment is for a
specified period of time or is, for any reason, limited to the duration of the training arrangement; or
If We obtain other acceptable employment for you (unless there is a transfer of business), We may apply to
the FWC to reduce the amount of redundancy pay you are entitled to, to a specified amount that the FWC
considers appropriate (which may be nil).
(a) You won’t be provided with redundancy pay (as provided in clause 14.2.6) if:
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(i) You accept an offer of employment made by another employer which results in a transfer of
employment (as defined in 22(7) of the Act) and that employer recognises your period of service with
Coles; or
(ii) Subject to any order by the FWC to the contrary under section 122(4) of the Act, you reject an offer
of employment made by another employer that:
(A) is on terms and conditions substantially similar to, and, considered on an overall basis,
no less favourable than, your terms and conditions of employment with Us immediately
before the termination; and
(C) would have resulted in a transfer of employment (as defined in section 22(7) of the Act)
had you accepted the offer.
(b) If you’ve been provided with other acceptable employment at a related entity of Coles, your
entitlements to personal leave, annual leave and long service leave will be transferred to the new
employer.
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A1. APPENDIX 1 – DEFINITIONS
“Act” means the Fair Work Act 2009 (Cth) (as amended from time to time).
“Adopted Child” for the purposes of adoption in Part 8 means a child who:
(c) is 16 years or under on the day or expected day of placement for adoption;
(d) will not have lived continuously with the team member for a period of 6 months or more at the day or the
expected day of placement for adoption; and
(e) is not (other than because of the adoption) a child or step-child of the team member or the team
member’s spouse.
“Base Rate of Pay” means the minimum hourly pay rate for a relevant classification stated in clause 3.1, or as adjusted
by clause 3.4 as applicable.
(c) another person has given birth under a surrogacy or equivalent arrangement and in respect of whom a
team member or the team member’s spouse has been granted legal parental authority.
“Coles Liquor” means Liquorland (Australia) Pty Ltd (ABN 82 007 512 414).
“Coles Liquor Retail Stores” means Coles Liquor retail stores (or similar establishments) that sell packaged liquor
(including but not limited to those stores trading as Liquorland, First Choice Liquor Market and Vintage Cellars, and
those stores that are physically adjacent to a hotel).
“Coles Supermarkets” means Coles Supermarkets Australia Pty Ltd (ABN 45 004 189 708).
“Coles Supermarkets Retail Operations” includes online, home delivery, and all departments within supermarkets.
“Continuous service” for the purpose of leave accruals includes service with Coles from the date of engagement, but
will not include in any year of accrual:
(b) Authorised unpaid absences of more than 1 week (unless otherwise required by law).
“Eligible Casual” for the purposes of clause 8.1.4 means a team member who:
(a) has a reasonable expectation of ongoing work with Coles had it not been for the birth or adoption; and
(b) is engaged on a regular and systematic basis (i.e. at least 1 start per fortnight) for an ongoing period of
at least 12 months immediately before starting parental leave; or
(c) was engaged on a regular and systematic basis for 2 engagements and the combined length of the first
and second period of employment is 12 months subject to the following:
(i) the sequence of periods during the first period of employment was less than 12 months and the
employment ended at the team member’s initiative; and
(ii) the sequence of periods during the second period of employment started at least 3 months following
the end of the first period of employment.
“Found Family” means where the team member is out of contact with a member or members of their Immediate
Family, and there is another person with whom the team member has a genuine relationship of identifiable equivalent
significance.
“GRIA” means the General Retail Industry Award 2020 (as amended from time to time) or its replacement.
41
(a) spouse (including former spouse). This includes persons in a same sex relationship;
(b) de facto partner (including former de facto partner). This includes persons in a same sex relationship;
(h) siblings;
(k) any other minor person whom a team member has custody or care of as a result of a Court order; or
(l) a person related to the team member according to community kinship rules, including Aboriginal, and
Torres Strait Islander kinship relationships.
(a) immediately before starting leave or part-time employment under Part 8, whichever occurs first; or
(b) immediately before transferring to a safe job in accordance with the NES.
“Roster Choice” is a mechanism for a team member to reach agreement with Coles to vary some of the rules for a
team member’s roster.
“Tradesperson” means a team member who is qualified to perform a trade and is engaged to perform that trade.
“Union” means an organisation registered as such under the Fair Work (Registered Organisations) Act 2009 (Cth) that
is entitled to represent the industrial interests of team members covered by this Agreement.
“We” or “Us” or “Coles” means Coles Supermarkets Australia Pty Ltd or Liquorland (Australia) Pty Ltd.
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A2. APPENDIX 2 – CLASSIFICATIONS
the receiving and preparation for sale and/or window dressing and merchandising;
display of goods in or about any shop;
the display, shelf filling, replenishing or any other demonstration of goods for sale, including
method of exposure or presentation for sale of conducting customer tastings;
goods;
the sale or hire of goods by any means; the provision of information, advice and
assistance to customers;
the receiving, arranging or making payment by any the receipt, preparation, packing of goods for
means; repair or replacement and the minor repair of
goods;
the recording by any means of a sale or sales; all directly employed persons engaged in retail
stores in cleaning, store greeting, security, lift
attending, store cafeterias and food services;
the wrapping or packing of goods for despatch Clerical assistant Level 1 functions; or
and the despatch of goods;
b. Team members will undertake duties as directed within the limits of their competence, skills and training
including incidental cleaning. The cleaning of toilets is not incidental cleaning.
c. Indicative job titles which are usually within the definition of a Level 1 Team member are:
store greeter
d. Clerical assistant means a team member accountable for clerical and office tasks as directed within
the skill levels set out in clause A2.2(a) above.
• Team members at this level may include the initial recruit who may have limited relevant
experience. Initially work is performed under close direction using established practices,
procedures and instructions.
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• Such team members perform routine clerical and office functions requiring an understanding of
clear, straightforward rules or procedures and may be required to operate certain office
equipment. Problems can usually be solved by reference to established practices, procedures and
instructions.
• Team members at this level are responsible and accountable for their own work within established
routines, methods and procedures and the less experienced team member’s work may be subject
to checking at all stages. The more experienced team member may be required to give assistance
to less experienced team members in the same classification.
v. recording, matching, checking and batching of accounts, invoices, orders, store requisitions
etc; or
vi. the operation of keyboard and other allied equipment in order to achieve competency as
prescribed in Level 2.
b. Indicative job titles which are usually within the definition of a Level 2 team member include:
b. Indicative tasks which might be required at this level are the following:
• security of cash;
• a team member who is required to utilise the skills of a trade (e.g. bakery) for the majority of the
time in a week, and who has completed Coles nominated training, but who has not completed
an appropriate trades course and does not hold an appropriate Certificate III;
• the totality of duties and responsibilities that make up the role of a customer service agent
employed within the online department; or
• team members employed alone, with responsibilities for security and general running of a Coles
Liquor Retail store.
c. Indicative job titles which are usually within the definition of a Level 3 team member include:
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A2.5 Level 4 Team Member
a. A team member performing work in Coles Supermarkets Retail Operations or Coles Liquor Retail Stores
at a higher level than a Level 3 team member.
b. Indicative tasks which might be required at this level are the following:
• stock control;
• buying or ordering, requiring the exercise of discretion as to price, quantity, quality etc.;
• a team member who is required to utilise the skills of a trades qualified person for the majority of
the time in a week;
• a team member who has completed an appropriate trades course or holds an appropriate
Certificate III and is required to use their qualifications in the course of their work, or who has
equivalent experience and is deemed by Coles to be competent in the trade.
c. Indicative job titles which are usually within the definition of a Level 4 Team member include:
• this level caters for the team members who have had sufficient experience and/or training to
enable them to carry out their assigned duties under general direction;
• team members at this level are responsible and accountable for their own work which is performed
within established guidelines. In some situations detailed instructions may be necessary. This may
require the team member to exercise limited judgment and initiative within the range of their skills
and knowledge;
• the work of these team members may be subject to final checking and as required progress
checking. Such team members may be required to check the work and/or provide guidance to
other team members at a lower level and/or provide assistance to less experienced team
members at the same level.
e. Clerical officer Level 2 indicative typical duties and skills may include:
• word processing, e.g. the use of a word processing software package to create, format, edit,
correct, print and save text documents, e.g. standard correspondence and business documents;
• maintenance of records and/or journals including initial processing and recording relating to the
following:
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• computer application involving use of a software package which may include 1 or more of the
following functions:
ii. spreadsheet/worksheet;
iii. graphics;
• accounting/payroll file;
• provide general advice and information on the organisation’s products and services.
b. Indicative job titles which are usually within the definition of a Level 5 team member include:
b. Indicative job titles which are usually within the definition of a Level 6 Team member include:
• team members at this level have achieved a standard to be able to perform specialised or non-
routine tasks or features of the work. Team members require only general guidance or direction
and there is scope for the exercise of limited initiative, discretion and judgment in carrying out their
assigned duties;
• such team members may be required to give assistance and/or guidance (including guidance in
relation to quality of work and which may require some allocation of duties) to team members in
Levels 1 and 2 and would be able to train such team members by means of personal instruction
and demonstration.
d. Clerical officer Level 3 indicative typical duties and skills may include:
• provide specialised advice and information on the organisation’s products and services;
• respond to client/public/supplier problems within own functional area utilising a high degree of
interpersonal skills;
• apply 1 or more computer software packages developed for a micro personal computer or a
central computer resource to either/or:
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iii. identify and extract information from internal and external sources;
• arrange travel bookings and itineraries; make appointments; screen telephone calls;
• respond to invitations;
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A3. APPENDIX 3 – COLES SUPERMARKETS ONLY TERMS &
CONDITIONS
A3.1 Applicability
A3.1.1 This Appendix applies only to Coles Supermarkets team members whilst employed in Coles Supermarkets
Retail Operations.
A3.2.2 In recognition of the cessation of this scheme, Coles will make a one-off payment no later than 1 December
2024 (“Payment Date”) to Coles Supermarkets team members who are:
A3.2.3 The Top Up one-off payment will be of an amount equal to the total gross amount of Top Up payment/s
received by that team member during pay periods from 1 July 2024 to 29 September 2024.
A3.2.4 Except in relation to this payment, no further Top Up payments will be made for the life of this Agreement.
Age Percentages
19 years 80.5%
18 years 71%
17 years 61%
16 years 51%
(a) A baking production team member who commences a shift at or after 2:00 am and before 6:00 am will
be paid at the rate of 112.5% (137.5% for casuals) of the Base Rate of Pay.
(b) A baking production team member who commences a shift prior to 2:00 am will be paid at the rate of
130% (155% for casuals) of the Base Rate of Pay.
(c) The rates of pay for Saturday, Sunday and public holidays will be the same as for other shiftworkers as per
clause 4.5.4.
(d) These allowances apply instead of shiftwork allowances and overtime payments for all hours up to 38
hours per week and 9 hours per day.
A3.5 Apprentices
A3.5.1 In accordance with the relevant State or Territory Training Authority, We may engage team members as:
(a) an apprentice; or
(c) a trainee under the arrangements contained in the GRIA (as amended).
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A3.5.2 Apprenticeships (including competency-based apprenticeships)
Competency Rate
(b) Where a team member is undertaking a three-year apprenticeship, 100% of the Level 4 team member
rate will apply in any fourth year.
(c) The minimum Agreement rates of pay for apprentices aged 21 and over who commenced on or after 1
January 2014 and are in the first year of their apprenticeship must be 80% of the minimum rate for a Level
4 team member in clause 3.1, or the rate prescribed by the table above in clause A3.5.2(a) for the
relevant year of the apprenticeship, whichever is the greater.
(d) The minimum Agreement rates of pay for adult apprentices who commenced on or after 1 January 2014
and are in the second and subsequent years of their apprenticeship must be the rate for the lowest adult
classification in clause 3.1, or the rate prescribed by the table above in clause A3.5.2(a) for the relevant
year of the apprenticeship, whichever is the greater.
(e) A team member employed by Coles under this Agreement immediately prior to entering into a training
agreement as an adult apprentice with Coles must not suffer a reduction in their minimum wage by virtue
of entering into the training agreement, provided that the team member has been employed by Coles
for at least 6 months as a full-time team member or 12 months as a part-time team member or regular
and systematic casual team member immediately prior to commencing the apprenticeship. For the
purpose only of fixing a minimum wage, the adult apprentice must continue to receive the minimum
wage that applies to the classification specified in clause 3.1 in which the adult apprentice was engaged
immediately prior to entering into the training agreement.
(a) Except as provided in this clause or where otherwise stated, all conditions of employment specified in this
Agreement apply to apprentices.
(b) Where an apprentice is required to attend block release training for training identified in or associated
with their training contract, and such training requires an overnight stay, Coles must pay for the excess
reasonable travel costs incurred by the apprentice in the course of travelling to and from such training.
Provided that this clause will not apply where the apprentice could attend an alternative Registered
Training Organisation (“RTO”) and the use of the more distant RTO is not agreed between Coles and the
apprentice.
(c) For the purposes of clause A3.5.4(b) above, excess reasonable travel costs include the total costs of
reasonable transportation (including transportation of tools where required), accommodation costs
incurred while travelling (where necessary) and reasonable expenses incurred while travelling, including
meals, which exceed those incurred in travelling to and from work. For the purposes of this subclause,
excess travel costs do not include payment for travelling time or expenses incurred while not travelling to
and from block release training.
(d) The amount payable by Us under clause A3.5.4(b) may be reduced by an amount the apprentice is
eligible to receive for travel costs to attend block release training under a Government apprentice
assistance scheme. This will only apply if an apprentice has either received such assistance or Coles has
advised them in writing of the availability of such assistance.
(e) All training fees charged by an RTO for prescribed courses and the cost of all prescribed textbooks
(excluding those textbooks which are available in Coles’ technical library) for the apprenticeship, which
49
are paid by an apprentice, shall be reimbursed by Coles within 6 months of the commencement of the
apprenticeship or the relevant stage of the apprenticeship, or within 3 months of the commencement of
the training provided by the RTO, whichever is the later, unless there is unsatisfactory progress. Coles may
meet its obligations by paying any fees and/or cost of textbooks directly to the RTO.
(f) An apprentice is entitled to be released from work without loss of continuity of employment and to
payment of the appropriate wages to attend any training and assessment specified in, or associated
with, the training contract.
(g) Time spent by an apprentice in attending any training and/or assessment specified in, or associated with,
the training contract is to be regarded as time worked for Coles for the purposes of calculating the
apprentice’s wages and determining the apprentice’s employment conditions.
(h) No apprentice will, except in an emergency, work or be required to work overtime or shiftwork at times
which would prevent their attendance at training consistent with their training contract.
(a) Ordinary hours of work on a Sunday will be voluntary for all team members who were engaged in:
(i) a store at the time when Sunday trading lawfully commenced (or commences in the future) in that
store; or
(ii) a store which, immediately prior to 2 March 1997, could not lawfully trade on a Sunday; or
(v) any other States and/or Territories immediately prior to 2 February 1994.
(i) at their request to a store where Sunday trading is already lawful, Sunday work will no longer be
voluntary for that team member at the new store; or
(ii) by Us from a non-Sunday trading store, to a store where Sunday trading is already lawful, Sunday work
will remain voluntary for that team member at the new store.
Where a store does not trade after 6pm on a Saturday, work after this time will be voluntary for all team
members engaged in such store prior to the commencement of the Coles Supermarkets Enterprise
Agreement 2017 and prior to when trading after 6pm on a Saturday becomes legal.
Part‐time team members engaged prior to 7 February 1994 who were entitled to a minimum of 12 rostered
hours per week (48 hours averaged over a 4 week cycle) shall have this minimum provision maintained for
the life of this Agreement.
(a) Eligible team members under 1.10 of Appendix A under the Coles Supermarkets Australia Pty Ltd and Bi-
Lo Pty Limited Retail Agreement 2011 will continue to receive their preserved amount. The preserved
amount will continue to be reduced by 50% of future wage rises payable under this Agreement until it has
been fully absorbed.
(b) Where a team member can demonstrate that a saved provision in the Coles Supermarkets Australia Pty
Ltd and Bi-Lo Pty Limited Retail Agreement 2011 applied to them and it is not contained in this Agreement
such saved provision will continue to apply to the team member. This includes saved job titles.
(a) By mutual agreement, We can make a payment to a team member to buy-out an entitlement to a saved
provision in this Agreement.
(b) The team member will respond to any offer by Us to buy-out the entitlement within 7 days of the offer
being made.
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(c) Where a buy-out has occurred, such team member will no longer have an entitlement to the saved
provision that has been bought out.
For team members whose hours were reduced under subclause 5.3.8 of the Coles Supermarkets Australia Pty
Ltd and Bi-Lo Pty Ltd Retail Agreement 2011, such team members will have preference to additional
permanent hours that become available in their store ahead of part-time team members who had no
reduction in hours, casual team members and new part-time team members. Such team members will also
have preference to additional hours that are not permanent.
Team members in Victoria who were employed continuously from immediately before the commencement
of the Coles Supermarkets Enterprise Agreement 2017 (i.e. 30 April 2018) shall continue to be eligible to receive
accident pay whilst in receipt of compensation payable under the Workplace Injury and Rehabilitation Act
2013 (Vic) (as amended) as follows:
(a) The Company will make‐up the difference between the accident compensation payment payable
under the Workplace Injury and Rehabilitation Act 2013 (Vic) (as amended) and the team member’s
usual weekly pay for the average rostered hours worked by the team member at the time of the accident.
(b) ‘Usual weekly pay’ in relation to this clause will exclude additional remuneration by the way of
attendance bonus payments, shift premiums, overtime payments, fares and travelling allowance, special
rates or other similar payments.
(d) This clause shall not apply in respect of an injury suffered during the first 7 consecutive days (including
non‐working days) on which the team member is incapacitated.
Long service leave provisions for team members who at the commencement of the Coles Supermarkets
Enterprise Agreement 2017 (i.e. 30 April 2018) were employed at the Coles store in Broken Hill, and continue
to be employed at the Coles store in Broken Hill, shall be as per the Long Service Leave Act 1955 (NSW),
provided that long service leave will accrue on the basis of 1.3 weeks per year of service.
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A4. APPENDIX 4 – COLES LIQUOR ONLY TERMS & CONDITIONS
A4.1 Applicability
A4.1.1 This Appendix applies only to Coles Liquor team members whilst employed in Coles Liquor Retail Stores.
A4.2 Classifications
A4.2.1 Immediately upon commencement of operation of this Agreement, team members previously employed by
Coles Liquor and covered by the Coles Liquor Group Retail Agreement 2014 (“2014 Liquor Agreement”) will
be re-classified according to the classification structure described in clause 2.1.3 and Appendix A2 of this
Agreement, as follows:
A4.3.2 If Appendix 4, clause A4.3.1 applies to you, this means that you will be paid the higher of:
(a) The Base Rate of Pay set out in clause 3.1.1 of this Agreement (increased in accordance with clause
3.4.1); or
(b) The base rate of pay to which you were entitled under the 2014 Liquor Agreement immediately prior to
the commencement of operation of this Agreement, which will be preserved by Coles until such time that
you change classification, or the Base Rate of Pay in clause 3.1.1 of this Agreement (increased in
accordance with clause 3.4.1) matches or exceeds that rate. After that time, as of the first pay period on
or after 1 July, you will be paid the Base Rate of Pay set out in clause 3.1.1 ((increased in accordance
with clause 3.4.1).
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you will be entitled to be paid in accordance with the Base Rates of Pay set out in clause 3.1.1 (increased in
accordance with clause 3.4.1) for your new classification.
A4.4 Allowances
A4.4.1 Liquor Licence Allowance
(a) A Coles Liquor team member who holds a liquor licence under a relevant State or Territory law will be
paid a flat amount of $30.85 per week.
(b) This allowance will increase during the nominal term of this Agreement to match the equivalent
allowance under the GRIA.
(a) Coles Liquor team members who are in receipt of a Location Allowance at the commencement of
operation of this Agreement will continue to receive the Location Allowance whilst engaged in stores in
the locations specified below, for the duration of this Agreement. The applicable Location Allowances
are as follows:
(b) The Location Allowance will not apply to Coles Liquor team members who commence their engagement
in stores in the locations specified above after the commencement of operation of this Agreement.
(c) Location Allowances stated above will not increase throughout the life of this Agreement.
A4.5 Breaks
A4.5.1 Meal break
(a) Coles Liquor team members will be entitled to meal breaks in accordance with clause 4.8 of this
Agreement.
(b) However, a Coles Liquor team member may agree to work up to 6 hours before taking a meal break of
at least 30 minutes but not more than 60 minutes.
(c) Coles Liquor team members may revoke their agreement by giving at least 1 week’s notice.
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A5. APPENDIX 5 – SUPPORTED WAGE
• approved assessor means a person accredited by the management unit established by the
Commonwealth under the supported wage system to perform assessments of an individual’s productive
capacity within the supported wage system;
• assessment instrument means the tool provided for under the supported wage system that records the
assessment of the productive capacity of the person to be employed under the supported wage system;
• disability support pension means the Commonwealth pension scheme to provide income security for
persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to
time, or any successor to that scheme;
• relevant minimum wage means the minimum wage prescribed in this Agreement for the class of work
for which a team member is engaged;
• supported wage system (“SWS”) means the Commonwealth Government system to promote
employment for people who cannot work at full award wages because of a disability, as documented
in the Supported Wage System Handbook. The Handbook is available from the following website:
www.jobaccess.gov.au;
• SWS wage assessment agreement means the document in the form required by the Department of
Social Services that records the team member’s productive capacity and agreed wage rate.
A5.2.2 This Appendix does not apply to any existing team member who has a claim against Coles which is subject
to the provisions of workers compensation legislation or any provision of this Agreement relating to the
rehabilitation of team members who are injured in the course of their employment.
10 12
20 22
30 31.5
40 41.5
50 51
60 61
70 71
80 80.5
90 90
A5.3.2 Provided that the minimum amount payable must be not less than $110 per week.
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A5.3.3 Where a team member’s assessed capacity is 10%, they must receive a high degree of assistance and
support.
A5.4.2 All assessments made under this Appendix must be documented in an SWS wage assessment agreement,
and retained by Coles as a time and wages record in accordance with the Act.
A5.5.2 All SWS wage assessment agreements must be agreed and signed by the team member and Coles parties
to the assessment. Where a Union which has an interest in this Agreement is not a party to the assessment,
the assessment will be referred by the FWC to the Union by certified mail and the agreement will take effect
unless an objection is notified to the FWC within 10 working days.
A5.9.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant
minimum wage for a continuing employment relationship will be determined.
A5.9.3 The minimum amount payable to the team member during the trial period must be no less than $110 per
week.
A5.9.4 Work trials should include induction or training as appropriate to the job being trialled.
A5.9.5 Where Coles and the team member wish to establish a continuing employment relationship following the
completion of the trial period, a further contract of employment will be entered into based on the outcome
of assessment under clause A5.4.
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A6. SIGNATORIES
Signed for and on behalf of Coles Supermarkets Australia Pty Ltd and Liquorland (Australia)
Pty Ltd:
Signature:
Print Full Name:
Address:
Authority to sign:
Date:
Witnessed by:
Signature:
Print Full Name:
Address:
Date:
Signed for and on behalf of the Shop, Distributive and Allied Employees’ Association in their
capacity as an Employee Bargaining Representative:
Signature:
Print Full Name:
Address:
Authority to sign:
Date:
Witnessed by:
Signature:
Print Full Name:
Address:
Date:
Signed for and on behalf of the Australian Workers Union in their capacity as an Employee
Bargaining Representative:
Signature:
Print Full Name:
Address:
Authority to sign:
Date:
Witnessed by:
Signature:
Print Full Name:
Address:
Date:
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