- 27 Sep, 2020
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Modern awards and enterprise agreements questions
Background
Your task is to review the real-life enterprise agreement of Coles Supermarkets, a well-known Australian supermarket and liquor retailer previously owned by Wesfarmers Ltd. The link below takes you through to the Fair Work decision of ‘Coles Supermarkets Australia Pty Ltd and Bi-Lo Pty. Limited [2018] FWCA 2283’. Note that the EA can be found on page 20.
Coles Supermarkets Enterprise Agreement 2017 (or note here it is: < https://www.sda.org.au/download/enterprise-agreements/COLES-SUPERMARKETS-ENTERPRISE-AGREEMENT-2017-inc.-Bi-Lo.pdf> )
You are required to answer three questions relevant to that agreement.
- Daniel Anderson is 21 and has been working in the liquor department of FFY as a casual ‘Shop Assistant’ for 14 months. He stacks shelves, assists customers with recommendations, and serves customers at the check-out. Assume Daniel is employed under the Coles and Bi-Lo agreement. He is earning $21.25 per hour as a casual employee, plus any applicable penalties and loadings. He believes the current hourly rate is lower than the agreement for his role and age. Is his standard rate better or worse than the relevant Retail Award?
- Sarah is 39 and has been working as a full time ‘Night-fill Shift Supervisor’ for 6 months. Assume that after six months of employment, Sarah is granted flexibility to work from home for two days per week, in a clerical/ administration capacity. Are there any obligations for the employee, to ensure she is working in a safe environment whilst working remotely?
- Assume that one year after being appointed, business demand drops and Sarah is made redundant, as only one night fill supervisor is required at her store. Advise on the entitlements that would need to be paid to her upon termination. What legal issues must you take into account? Is this better or worse than the relevant Retail Award?