[2023] FWCA 27

The attached document replaces the document previously issued with the above code on 4
January 2023.

Paragraph [4] amended to correct employee organisation.

Associate to Commissioner Johns

Dated 11 January 2023

[2023] FWCA 27

DECISION
Fair Work Act 2009
s.185—Enterprise agreement

Heinemann Australia Pty Ltd

(AG2022/5224)

HEINEMANN AUSTRALIA PTY LTD ENTERPRISE AGREEMENT

2023
Retail industry

COMMISSIONER JOHNS MELBOURNE, 4 JANUARY 2023

Application for approval of the Heinemann Australia Pty Ltd Enterprise Agreement 2023

[1] An application has been made for approval of an enterprise agreement known as the
Heinemann Australia Pty Ltd Enterprise Agreement 2023 (the Agreement). The application
was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by
Heinemann Australia Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is
attached in Annexure A. I am satisfied that the undertakings will not cause financial
detriment to any employee covered by the Agreement and that the undertakings will not result
in substantial changes to the Agreement. The undertakings are taken to be a term of the
agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the
requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have
been met.

[4] The United Workers’ Union being a bargaining representative for the Agreement, has
given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with
s.201(2) I note that the Agreement covers the organisation.

1
 [2023] FWCA 27

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
11 January 2023. The nominal expiry date of the Agreement is 31 March 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

<AE518785 PR749403>

2
 [2023] FWCA 27

Annexure A

3
 [2023] FWCA 27

4
 HEINEMANN AUSTRALIA PTY LTD
ENTERPRISE AGREEMENT

2023
Note - this agreement is to be read together with an undertaking given by the
employer. The undertaking is taken to be a term of the agreement. A copy of it
can be found at the end of the agreement.

Page 1 of 31
1. Title

This Agreement shall be known as the Heinemann Australia Ply Ltd Enterprise Agreement
2023.

2. Application of Agreement & Parties Bound

This Agreement shall apply to Heinemann Australia Ply Ltd, its Group Companies and all
Employees who perform work in stores owned, leased or operated by Heinemann Australia
Ply Ltd or its Group Companies and who are employed in classifications that are contained
in this Agreement.

3. Definitions

In this Agreement, unless otherwise indicated:

"Act" means the Fair Work Act 2009 (Cth) as amended;

"Agreement" means the Heinemann Australia Ply Ltd Enterprise Agreement 2023;

"Award" means the General Retail Industry Award 2020 (as amended from time to time);

"Base Hourly Rate" means the hourly rate paid to Employees as set out in Schedule 4. It
does not include amounts for overtime payments, allowances or penalties and loadings for
working on Saturday, Sunday or Public Holidays.

"Casual Employee" means an employee who is engaged as a casual employee on an

hourly basis and is paid as such. The employment of a Casual Employee concludes at the
end of each shift. Casual Employees are not guaranteed a number of hours each week as
they depend on the needs of the business. For the avoidance of doubt, a Casual Employee
under this Agreement is a "casual employee" for the purposes of the Act.

"Confidential Information" means any confidential information relating to the past,

present or future business of the Employer or a Group Company that comes to the
knowledge of an Employee and includes:

(a) financial, budgetary, marketing, research and business plan information;

(b) the position of the Employer or a Group Company or an officer or employee of the
Employer or a Group Company on any confidential matter;

(c) the terms of this Agreement;

(d) the terms of any contract, agreement or business arrangement with third parties;

(e) trade secrets, licenses, know-how and related information;

(f) client lists and supplier lists;

(g) third party information disclosed in confidence; and

(h) any other information the disclosure or use of which may be detrimental to the
interests of the Employer or a Group Company or of any other person who has
provided it to the Employer or a Group Company on a confidential basis, but does
not include information in the public domain (unless in the public domain due to a

Page 2 of 31
 breach of confidentiality by any person);

"Employer" means Heinemann Australia Ply Ltd or its Group Companies;

"Employee" means an employee of the Employer who is referred to in clause 2 and

employed in one of the classifications contained in this Agreement;

"Maximum-Term Employee" means an Employee engaged for a specified period of time

or for a defined task or project.

"Full-time Employee" is an Employee engaged to work an average of37.5 ordinary hours

per week, averaged over the maximum period permitted under the Act (that is, a 26-week
period), excluding unpaid meal breaks. Full time Employees may also be required to work
reasonable additional hours and, if so, will be paid overtime in accordance with the terms
of this Agreement.

"FWC" means the Fair Work Commission;

"Group Company" means any related body corporate (as defined in the Corporations
Act 2001) of the Employer;

"NES" means the National Employment Standards under the Act as amended;

"Part-time Employee" is an Employee engaged to work an average of less than 37.5

ordinary hours per week, averaged over the maximum period permitted under the Act (that
is, a 26-week period). Part-time Employees may also be required to work reasonable
additional hours and, if so, will be paid overtime in accordance with the terms of this
Agreement.

"Parties" means both the Employer and Employees covered by this Agreement;

"Public Holiday" has the meaning given in section 115 of the Act;

"Shiftworker" means an employee (other than a Casual Employee) who is specifically

employed to perform shifts starting at or after 6.00 pm on one day and finishing before 5.00
am on the following day. An employee who performs work that starts and finishes on the
same day within the span of ordinary hours specified in clause 12.1 of this Agreement is
not a Shiftworker;

"Superannuation Guarantee Legislation" includes the Superannuation Guarantee

Charge Act 1992 and the Superannuation Guarantee (Administration) Act 1992 as
amended;

"Special Leave" means Family and Domestic Violence Leave; and

"Union" means the United Workers' Union.

4. Period of Operation

This Agreement will operate from the seventh day after notification from the FWC that the
Agreement has been approved and has a nominal expiry date of 31 March 2026. There
will be no extra claims during this period.

This Agreement will continue to apply after its nominal expiry date until such time as varied,
replaced or terminated in accordance with the Act.

5. Renegotiation of Agreement

P~ge 3 of 31
 The Employer, Employees and the Union agree to commence negotiations for a new
Enterprise Agreement to replace this Agreement on or before 31 December 2025.

6. Specified Exclusions and NES

This Agreement regulates the terms and conditions of employment of those Employees to
whom it applies and operates to the exclusion any other award, agreement or instrument
that would otherwise apply to Employees covered by this Agreement.

This Agreement provides minimum entitlements only and does not restrict the Employer
and the Employee from agreeing to any other additional benefits.

This Agreement will be read and interpreted in conjunction with the NES. Where there is
an inconsistency between this agreement and the NES, and the NES provides a greater
benefit, the NES provision will apply to the extent of the inconsistency.

7. Employment

7.1. Employee Categories

Employees will be employed as either a Full-time Employee, Part-time Employee,

Maximum-term Employee or Casual Employee as described below.

7.2. Full-time Employees

The definition of a Full-time Employee is contained in clause 3 (Definitions) of this

Agreement.

7.3. Part-time Employees

Part-time Employees can have either set hours and/or days of work or flexible hours of
work. This will be agreed in writing on commencement.

A Part-time Employee with set hours and/or days of work will have the details of their hours
and/or days of work agreed in writing with the Employer. Any written agreement will specify:

(a) the starting and finishing times each day;

(b) the days of the week the Part-time Employee will work;

(c) that any variation to the working days or hours will be in writing;

(d) that the minimum daily hours to be worked is three (3) hours; and

(e) the timing and duration of meal breaks.

A Part-time Employee with flexible hours of work will have an agreed minimum number of
hours per week, those hours being less than full-time hours.

Part-time and Maximum-Term Employees will receive the same conditions as outlined in
this Agreement and allowances as Full-time Employees, on a pro-rata basis.

7.4. Casual Employees

7.4.1. Casual Employees will be paid for each hour worked at the Base Hourly Rate provided in
Schedule 4, plus a casual loading of 25%. Any penalty rate, loading or overtime that a
Casual Employee is entitled to receive under this Agreement will be calculated on the Base

Page 4 of 31
 Hourly Rate without the loading.

7.4.2. Casual Employees are entitled to:

(a) a minimum of three (3) hours for any shift;

(b) long service leave in accordance with clause 24.4 of this Agreement;

(c) unpaid parental leave in accordance with the Act; and

(d) unpaid personal/carer's leave, compassionate and community service leave in

accordance with the Act.

7.4.3. Offers and requests for conversion from casual employment to full-time or part-time
employment are provided for in the NES.

8. Probationary Period

Full-time and Part-time Employees will be subject to a probationary period of six (6)
months. The purpose of the probationary period is for the Employer to determine the
Employee's suitability for ongoing employment.

During the probationary period, the Employer or the Employee may terminate the
Employee's employment for any reason by giving one (1) week's notice in writing. In either
case, the Employer may choose to pay the Employee in lieu of the Employee's notice
period.

If the Employee resigns during the probationary period and does not provide the notice
required, the Employee will forfeit the pay for the notice period not provided to the
Employer.

This clause does not apply to Casual Employees.

9. Availability of Agreement

A copy of this Agreement shall be maintained by the Employer and made available for
inspection by an Employee covered by this Agreement.

10. Fitness for Work

10.1 Employees are required to present for work on all occasions ready, willing and able to
perform work.

10.2 The Employer may, at any time during the Employee's employment, require an Employee
to attend and undergo a medical examination by a medical practitioner selected and paid
for by the Employer for the purposes of determining the Employee's ability to perform the
inherent requirements of their role and whether any reasonable accommodations are
required for the Employee to do so.

11. Duties within skill, competency and training

11.1 The Parties acknowledge the need to achieve the following objectives at all times during
the life of this Agreement:

(a) maintain and improve the ongoing viability of the Employer's operations and assist
in providing employment opportunities;

Page 5 of 31
 (b) provide flexible work arrangements to meet fluctuating client demands;

(c) demonstrate improvements in productivity;

(d) provide excellent customer service throughout all sections of the Employer and
Group Companies' operations;

(e) provide flexibility with rostering which ensures that the Employer and/or any of its
Group Companies have the right number of staff with the appropriate mix of skills on
duty when required;

(f) the removal of inefficient work practices; and

(g) the further development of a multi-skilled and integrated workforce.

11.2 The Employer may direct an Employee to carry out such duties as are within the limits of
the Employee's skill, competence and training consistent with the Employee's position.

11.3 The Employer may direct an Employee to use the equipment as may be required provided
that the Employee has been properly trained in the use of the equipment.

11.4 If an Employee is required to attend any training, the Employee will be paid their Base
Hourly Rate for the duration of the training (excluding any breaks) or, if the training is less
than three (3) hours duration, the amount to be paid to the employee for that day is a
minimum of three (3) hours at the Employee's Base Hourly Rate.

For example, if an employee was rostered to perform five (5) hours of work from 11.00 am
to 4.00 pm and then required to attend a one (1) hour training session at 4.00 pm, the
employee would receive payment for a total of six (6) hours' work that day.

11.5 If for any reason an Employee is prevented from performing their normal duties, the
Employer may require the Employee to perform other work that is reasonably within the
Employee's skills, competency and training.

12. Ordinary Span of Hours

12.1. Ordinary span of hours shall mean any hours from 4.30 am to 11.00 pm Monday to Sunday
inclusive.

12.2. The Employer may vary the spread of ordinary hours defined in clause 12.1 by up to one
(1) hour forward or one hour (1) back by agreement with:

(a) the majority of employees at the workplace;

(b) the majority of employees in a discrete section of the workplace; or

(c) an individual employee,

noting that the span of ordinary hours may therefore be different for different employees.

12.3. An employee (who is not a Casual Employee or Shiftworker), who is rostered to

commence, and performs, work before 5:00am, will be entitled to a penalty rate of 150%
of the Base Hourly Rate for all ordinary hours of work performed between 4.30 am and
7.30 am.

12.4. This clause does not apply to Shiftworkers.

Page 6 of 31
 13. Public Holidays

The Employer may request the Employee to work on a Public Holiday, if the request is
reasonable, and the Employee must work unless the refusal to work is on reasonable
grounds in accordance with section 114 of the Act.

14. Rosters

14.1 The Employer will endeavour to prepare a roster specifying the starting and finishing times
at least one week prior to commencement of the roster. It is an Employee's responsibility
to regularly check the roster.

14.2 Except in the case of emergency or where the Employee agrees to the change, a minimum
of seven days' notice shall be given to Full-time, Maximum-Term or Part-time Employees
where a permanent change to the roster is required by the Employer.

14.3 Wherever possible, casuals will be notified of a roster change at least 24 hours before the
rostered shift. If this does not occur due to unforeseen circumstances, the Employer will
provide notice to the Employee as soon as possible either in person or by telephone.

15. Change of Rostered Shift

An Employee may agree with their Manager to change shifts with another Employee
provided:

(a) the change is approved by both of the Employees' Managers and where practical
communicated to the Workforce Planner at least 24 hours before the rostered
shift; and

(b) the shifts worked are in accordance with the provisions of this Agreement.

16. Wages

16.1. Employees will receive the relevant Base Hourly Rate set out in Schedule 4.

16.2. Casual Employees will receive the Base Hourly Rate in Schedule 4, plus a 25% casual
loading (this combined hourly rate is referred to as the Casual Hourly Rate).

16.3. At the discretion of the relevant brand(s), Employees who are classified as Brand
Ambassadors or Counter Managers may be entitled to receive commission payments from
their respective brand(s). Subject to the arrangement between the Employer and the
relevant brand(s), the commission payment may be passed-on by Heinemann to the
Employee.

16.4. In accordance with the calculations set out in Schedule 4 (Base Hourly Rates), the Base
Hourly Rates under this Agreement will commence with a 5% increase (relative to the Base
Hourly Rates under the previous iteration of this Agreement), and then increase by 3% in
2024 and then 2.5% in 2025.

16.5. Shiftworkers (as defined in clause 3) must be paid at the rate of 150% of the Base Hourly
Rate in Schedule 4 for all hours of work.

16.6. Despite any other provision of this Agreement, Employees will be eligible for only one
penalty rate at any one time. This clause applies to limit the application of all penalties,
loadings, and shift premiums under this Agreement, including (without limitation) in relation
to weekend work, public holidays, overtime, shiftwork and the penalties in clause 12.3. In
the event that, but for this clause, two (2) or more penalty rates may apply at one particular

Page 7 of 31
 ,time, the greater penalty rate will apply to the Employee at that time.

17. Penalties and loadings

Employees are entitled to penalties and loadings for ordinary hours of work performed on
weekends and public holidays as per the calculations below and the rates in Schedule 4.

17.1. Full time, Part-time and Fixed-Term Employees:

Day Rate of Pay

Saturday 125% of the Base Hourly Rate.

Sunday 200% of the Base Hourly Rate.

Public Holiday 250% of the Base Hourly Rate.

17.2. Casual Employees:

Day Rate of Pay (no additional casual loading payable)

Saturday 150% of the Base Hourly Rate

Sunday & Public Holida, 200% of the Base Hourly Rate.

18. Superannuation

18.1. Subject to applicable law, the Employer will make superannuation contributions sufficient
for the Employer to avoid a charge under the Superannuation Guarantee Legislation into
an eligible fund of the employee's choice.

18.2. Subject to stapled superannuation legislation, if the employee does not specify an eligible
fund, the Employer will attempt to request the employee's "stapled super fund" from the
Australian Taxation Office. If the Employer is unsuccessful in obtaining the details of any
stapled super fund, or if requested by the employee, the Employer will make contributions
to its default fund, Retail Employees Superannuation Trust (REST Industry Super).

18.3. An Employee may elect to make superannuation contributions in addition to the

contributions made by the Employer. These additional contributions will be treated as
salary sacrifice or voluntary contributions.

19. Overtime

19.1. Reasonable Overtime

19.1.1. Overtime is calculated on a daily basis.

19.1.2. Overtime rates are payable when an Employee:

(a) performs work outside the span of ordinary hours set out in clause 12 (but this sub-
clause 19.1.2(a) does not apply to Shiftworkers);

(b) works more than 37.5 hours per week (that is, Monday to Sunday (inclusive)), subject

Page 8 of 31
 to the applicable averaging arrangements;

(c) works more than ten ordinary hours on any day or shift;

(d) recommences work without having had a break of at least ten (10) consecutive hours
between rostered shifts and until such time as the employee is released from duty.

19.2. Overtime Rates

Overtime will be calculated as follows:

Full time, Part-time and Maximum-Term Employees:

Day Rate of Pay

Monday to 150% of the Base Hourly Rate for the first three
Saturday (3) hours

200% of the Base Hourly Rate thereafter

Sunday 200% of the Base Hourly Rate

Public Holiday 250% of the Base Hourly Rate

Casual Employees:

Day Rate of Pay (no additional casual loading

payable)

Monday to 175% of the Base Hourly Rate for the first three
Saturday (3) hours

225% of the Base Hourly Rate thereafter

Sunday 225% of the Base Hourly Rate

Public Holiday 275% of the Base Hourly Rate

19.3. Time off in lieu of Overtime

19.3.1. Subject to other provisions of the clause, by mutual agreement between the Employer and
Employee, time off in lieu of overtime payment may be granted. Any time off in lieu to be
taken is at the discretion of the Employee's Manager.

19.3.2. Such time off will be taken at a mutually convenient time and within four (4) weeks of the
overtime being worked or, where agreed between the Employee and the Employer, may
be accumulated and taken as part of annual leave.

19.3.3. Time off in lieu of payment for overtime will equate to the overtime rate, that is if the
employee works one hour overtime and elects to take time off instead of payment the time
off would equal one and a half hours or, where the rate of pay for overtime is double time,
two hours.

19.3.4. This clause 19.3 does not apply to Casual Employees.

Page 9 of 31
20. Meal and Rest Breaks

20.1. The timing and duration of meal and rest breaks are to be taken as recorded in the roster
after discussion with the Employee's manager, and so as not to interfere with the continuity
of work where continuity, in the opinion of the Employer, is necessary.

20.2. Employee rest breaks are paid and meal breaks are unpaid, with breaks given as follows:

Hours worked Rest break Meal break

Less than 4 No rest break No meal break

hours

More than 4 One 10 minute rest No meal break

hours but less break
than 5 hours

More than 5 One 10 minute rest One meal break

hours but less break of at least 30
than 7 .5 hours minutes but not
more than 60
minutes

More than 7.5 Two 10 minute rest One meal break

hours but less breaks, with one taken of at least 30
than 10 hours in the first half of the minutes but not
work hours and the more than 60
second taken in the minutes
second half of the work
hours

10 hours or more Two 1O minute rest Two meal breaks

breaks, with one taken of at least 30
in the first half of the minutes but not
work hours and the more than 60
second taken in the minutes
second half of the work
hours

20.3. Employees are to have a break of at least ten (10) consecutive hours between rostered
shifts.

20.4. Where an Employee recommences work without having had ten (10) consecutive hours off
work then the Employee will be paid at overtime rates in accordance with clause 19.2 until
such time as the Employee is released from duty for a period often (10) consecutive hours.

20.5. Despite clause 20.2, all rest breaks and meal breaks taken by Shiftworkers are paid breaks
and form part of the hours of work.

21. Allowances

21.1. Meal Allowance

An Employee required to work more than one hour of overtime after the Employee's
rostered shift ends, without being given 24 hours' prior notice, will be provided with a paid
a meal allowance of $20.01. Where such overtime work exceeds four hours, a further meal

Page 10 of 31
 allowance of $18.14 will be paid to the Employee.

21.2. First Aid

An Employee who holds an appropriate first aid qualification and is appointed and rostered
by the Employer to perform first aid duty on a specified shift will be paid a first aid allowance
of $0.33 per hour up to the maximum amounts set out below.

First timesheet 31/01/2024 31/01/2025 31/01/2026

worked after
31/01/2023

$12.43per week $12.73 per $13.03 per $13.33 per

~eek week ~eek

21.3. Uniform

Employees will be supplied with a uniform on commencement of employment which will be

replaced when required for fair wear and tear. An Employee's Base Hourly Rate includes
an amount to compensate Employees for laundry related expenses.

22. Payment of Wages

22.1. All Employees shall be paid fortnightly by Electronic Funds Transfer. The Employer may
vary the frequency of payment in consultation with relevant Employees.

22.2. It is the responsibility of the Employee to provide and maintain correct banking details.

22.3. It is the responsibility of Employees to follow all time recording and clocking in and out
procedures set by the Employer. Failure to complete or accurately record time worked may
lead to delays in payment and/or disciplinary action being taken against the Employee.

23. Stand Down and Suspension

23.1. The Employer may, at any time and in its absolute discretion, suspend an Employee with
pay to conduct an investigation for any reason, including where the Employer considers
that the Employee may have engaged in behaviour which may warrant termination.

23.2. The Employer reserves the right (at its absolute discretion) to stand down an employee
from work temporarily without pay, or to reduce an Employee's normal working hours (and
reduce the Employee's pay proportionately), in any of the following circumstances:

(a) the Employer is unable· to provide the Employee with a volume of work that would
keep the Employee fully and productively occupied during the Employee's usual
hours; or

(b) the Employer considers the stand down would assist the Employer to preserve the
Employee's employment (for example, as a temporary alternative to dismissing the
Employee on the basis of redundancy); or

(c) there is a stoppage or reduction of work for any reason(s) caused by, or materially
contributed to by, one or more external factors.

23.3. When an Employee is stood down in accordance with clause 23.1 or 22.2:

(a) his or her continuity of service is not broken for the purposes of leave entitlements

Page 11 of 31
 and length of service; and

(b) leave entitlements continue to accrue as though the Employee has not been stood
down.

23.4. The Employer has the right to request at short notice that an Employee takes annual leave
or part thereof, if the Employee cannot be usefully employed because of any significant
power stoppage, disciplinary investigation, planned refurbishment, breakdown in
machinery, stoppage of work, or any other cause for which the Employer cannot
reasonably be held responsible. If the Employee does not want to use accrued annual
leave then he/she may opt to take leave without pay.

24. Leave

It is the intention of this Agreement that the NES, as varied, will apply to Employees
covered by the Agreement. Therefore, Employees are entitled to leave in accordance with
the NES. However, the NES are not incorporated as terms into this Agreement.

24.1. Annual Leave

24.1.1. Full-time Employees are entitled to four (4) weeks' paid leave for each completed year of
service, plus one additional day of paid leave that accrues on every anniversary of the
Employee's employment during 2023, 2024 and 2025 (therefore, this additional leave
entitlement will be capped at a maximum of three days for the period of this agreement).

24.1.2. Part-time and Maximum-Term Employees will accrue annual leave (including the additional
leave referred to above) on a pro- rata basis, calculated on their rostered ordinary hours.

24.1.3. In addition to the Base Hourly Rate set out in Schedule 4, a leave loading of 17.5% will be
paid when taking annual leave. For the avoidance of doubt, the Base Hourly Rate does not
include any overtime or weekend/penalty rates.

24.1.4. The Employer may require an Employee to take annual leave by giving at least four weeks'
notice in the following circumstances:

(a) as part of a close-down of the Employer's operations; or

(b) where more than eight weeks' leave is accrued.

24.1.5. If the Employer requires an Employee to take annual leave in accordance with clause
24.1.4, this must not result in the employee's remaining accrued entitlement to paid annual
leave being less than four (4) weeks.

24.1.6. In addition to an employee who qualifies for this additional leave entitlement under clause
28.2 of the Award, a Shiftworker who is regularly rostered to work on Sundays and public
holidays is a "shiftworker" for the purpose of the additional week of annual leave provided
for in the NES.

24.1. 7. This clause does not apply to Casual Employees.

24.2. Personal/Carer's Leave

24.2.1. Personal/Carer's Leave is provided for in NES.

24.2.2. The entitlement to paid personal/carer's leave for Part-time and Maximum-Term
Employees accrues in accordance with relevant legislation, and can accumulate from year
to year. Paid personal/carer's leave is only to be paid when the Employee has been

Page 12 of 31
 rostered to work by the Employer and takes Personal/Carer's Leave in accordance with
the NES.

24.2.3. In accordance with the NES, an Employee may be permitted to take paid personal/carer's
leave:

(a) if they are unfit for work because of their own personal illness or injury (including
pregnancy-related illness); or

(b) to provide care or support to a member of their immediate family or household,

because of a personal illness, injury or unexpected emergency affecting the member.
A member of the employee's immediate family means a spouse, de facto partner,
child, parent, grandparent, grandchild or sibling of an employee; or a child, parent,
grandparent, grandchild or sibling of the employee's spouse or de facto partner.

24.2.4. In accordance with the NES, if required by the Employer, the Employee must provide
evidence that would satisfy a reasonable person that the personal/carer's leave is taken
for the reason specified above (such evidence may include, for example, a detailed medical
certificate or statutory declaration). Employees will be required to provide such evidence
when, without limitation, the Employee's absence is in excess of two (2) consecutive days.

24.2.5. Despite clause 24.2.4, employees will be permitted three (3) single day absences each
year (not cumulative) where personal/carer's leave can be taken without the employee
needing to provide Heinemann with a medical certificate or statutory declaration, even if
those absences fall before or after another day off work.

24.2.6. Casuals may be entitled to unpaid personal/carer's leave.

24.2.7. This clause does not restrict an eligible casual employee's right to access sick/carer's pay
under schemes not administered by the Employer, including, for example, the Victorian
Sick Pay Guarantee.

24.3. Parental Leave, Community Service Leave and Compassionate Leave

24.3.1. Full-time, Part-time and Maximum-Term Employees will be entitled to paid compassionate
leave, parental leave, and community service leave in accordance with the NES.

24.3.2. Casual Employees will be entitled to unpaid compassionate leave, unpaid parental leave,
and unpaid community service leave in accordance with the NES.

24.4. Long Service Leave

Employees will be entitled to long service leave in accordance with the applicable state
long service leave legislation.

24.5. Family and Domestic Violence Leave

24.5.1. The terms of the Award and/or NES dealing with Family and Domestic Violence Leave will
entirely replace and supersede this clause of the Agreement if the Award/NES provide
Employees with more beneficial entitlements to Family and Domestic Violence Leave.

24.5.2. Permanent and Maximum-term Employees (but not casuals) experiencing Family and
Domestic Violence may, in consultation with their Line Manager and a HR representative,
be able to access up to a total of 10 days (3 paid and an additional ?days unpaid) Special
Leave per calendar (which does not accrue) under the Special Leave provisions of the
Heinemann Australia General Leave Policy.

Page 13 of 31
24.5.3. An employee may be granted up to a total of 10 days Special Leave per calendar year
because of Family and Domestic Violence where the Employee's manager and HR
representative is satisfied that the leave is taken for one or more of the following Family &
Domestic Violence purposes:

(a) attending medical appointments or counselling;

(b) attending legal proceedings or legal appointments;

(c) arranging new or emergency accommodation;

(d) other compelling reasons directly and immediately arising out of Family & Domestic
Violence.

24.5.4. Special Leave taken for Family & Domestic Violence purposes can be taken in part day,
single day or multi-day blocks.

24.5.5. Notice and Evidence Requirements

In all circumstances:

(a) the Employee shall give his or her line manager notice as soon as reasonably
practicable of any application to take Special Leave under this clause; and

(b) the Employee shall provide evidence that the leave is being taken for a purpose set
out in clause (a) above which might, for example, include documents issued by a
Doctor, a Family Violence Support Service, the Police, a Court or a Lawyer.

24.6. Cashing out of annual leave

24.6.1. Paid annual leave must not be cashed out except in accordance with an agreement under
this clause.

24.6.2. Each cashing out of a particular amount of paid annual leave must be the subject of a
separate agreement under this clause.

24.6.3. An Employer and an Employee may agree in writing to the cashing out of a particular
amount of accrued paid annual leave by the Employee.

24.6.4. An agreement under this clause must state:

(a) the amount of leave to be cashed out and the payment to be made to the Employee
for it; and

(b) the date on which the payment is to be made.

24.6.5. An agreement under this clause must be signed by the Employer and Employee and, if the
Employee is under 18 years of age, by the Employee's parent or guardian.

24.6.6. The payment must not be less than the amount that would have been payable had the
Employee taken the leave at the time the payment is made.

24.6.7. An agreement must not result in the Employee's remaining accrued entitlement to paid
annual leave being less than 4 weeks.

24.6.8. The maximum amount of accrued paid annual leave that may be cashed out in any period
of 12 months is 2 weeks.

Page 14 of 31
24.6.9. The Employer must keep a copy of any agreement under this clause as an Employee
record.

25. Workplace Relations.

25.1. Union Delegates

The Employer recognises Union delegates who are elected by the Employees as the on-
site representatives of the Union. The Union will duly advise the Employer upon the election
of any new Union delegate.

25.2. Induction of New Employees

Union delegates will be given adequate paid time of 20 minutes to meet with new
Employees for the purposes of introducing and explaining this Agreement and Union
matters. This will occur upon the induction of the new Employee or as soon as reasonably
practicable thereafter.

25.3. Delegates on-site business.

Union delegates will be allowed, subject to prior agreement from their Line Manager and
Human Resources, reasonable paid time to conduct legitimate on-site Union business.
Agreement will not be unreasonably withheld. Union delegates shall have reasonable
access to resources to perform their role on-site, including access to a private meeting
room and access to a telephone, email, intranet and photocopier.

25.4. Union Meetings

By mutual agreement of the Employer and the Union, on-site meetings may be held to
consider and discuss matters relating to this Agreement or the renegotiation of this
Agreement. Employees will be granted paid release to attend such meetings. The
Employer will not unreasonably withhold mutual agreement for the meetings. Union
delegates attending any such meetings on site may be granted paid release by the
Employer for up to five hours' ordinary time annually to attend these meetings.

25.5. Notice Boards

The Employer shall supply a notice board in a suitable prominent location (for example the
lunch room) at the site for the purpose of enabling Union delegates to post any notice in
connection with this Agreement or other matters related to the employment of the
Employees or their Union membership which the Union may require to have posted.

25.6. Direct Debit Arrangement

Where an Employee provides the Employer with written authorisation to do so, the
Employer shall, within 14 days of receipt of the written authorisation, send to the Union
such details as are necessary to permit the establishment of a direct debit arrangement for
the payment of the Employee's union fees. This authority may take the form of a Union
membership form, setting out the relevant details, completed and signed by the Employee.

25.7. Trade Union Training Leave

25.7.1. Union delegates may be granted up to five days leave with pay during the first year of
delegate duties, and 3 days per year subsequently (not cumulative), to attend courses
conducted or approved by the Union, which are designed to promote good industrial
relations ('TUT Leave").

Page 15 of 31
25.7.2. An application for TUT Leave must be in writing and must be provided to the Employer at
least two weeks prior to the proposed TUT Leave. The application must set out the details
of the course(s) that the Union delegates will be attending, including the topic and duration
of the course. The granting of TUT Leave will also be subject to the Employer being able
to make suitable alternative staffing arrangements during the period.

25.7.3. TUT Leave granted pursuant to this clause, shall count as service for all purposes of this
Agreement.

25.7.4. TUT Leave granted in accordance with this clause, shall be paid at the Union delegate's
base rate of pay in accordance with this Agreement, excluding shift loadings and penalties
where applicable. The Employer is not responsible for any expenses incurred by the Union
delegate in relation to the TUT Leave and may require the Union delegate to provide
evidence of their entitlement to take the leave.

25.7.5. TUT Leave does not accrue from year to year.

25.8. Support Person Representation

25.8.1. From time to time, the Employer may need to conduct disciplinary discussions with an
Employee.

25.8.2. The Employee will generally be provided with reasonable notice of such a disciplinary
discussion meeting, and usually at least 24 hours' notice in order to have time to organise
a support person, should they elect to have one present.

25.8.3. An Employee who is the subject of such a disciplinary discussion will be offered the
opportunity to have a support person present to act as witness as part of any disciplinary
discussion.

25.8.4. The Employee may invite a support person of their choice, which can include a Union
Delegate to the disciplinary discussion.

25.8.5. The support person is present to act as an observer, and to provide the Employee with
support and assistance throughout the disciplinary discussion. While they may provide the
Employee with emotional support and advice, they are not actively provided with the
opportunity to speak on the Employee's behalf.

25.8.6. Any support person must be available to attend the disciplinary discussion(s) and cannot
cause any unreasonable delays.

26. Workplace Surveillance

The Employer works within a high security environment and conducts video surveillance
in the workplace. The Employer will not utilise video surveillance footage in individual
performance reviews of employees, but may refer to video surveillance footage in matters
concerning safety, security or misconduct.

27. Absences from work

27 .1. Employees must notify the Employer if they are unable to attend for duty on a rostered shift
no later than 2 hours before the Employee's rostered start time. If an Employee is unable
to provide 2 hours' notice due to unforeseeable circumstances, the Employee must, as
soon as reasonably practicable before their rostered start time, notify the Employer of their
absence.

27.2. Where an Employee is absent for 5 days without authorised leave and has failed to provide

Page 16 of 31
 a reasonable explanation for the absence to the Employer, the Employee will be taken to
have abandoned their employment and the Employee's employment will terminate at the
end of the 5th day's unauthorised absence. If an Employee has abandoned their
employment, they will only be entitled to payment up to the last day worked.

28. Termination of Employment

28.1. Termination of Full-time, Maximum Term or Part-Time Employees

28.1.1. At any time, the Employer may terminate the employment of Full-time, Maximum Term and
Part-time Employees by providing written notice in accordance with the NES.

28.1.2. The Employer may, at its discretion, make payment to the Employee in lieu of all or part of
this notice period. On termination, the Employee is also entitled to payment for any eligible
leave entitlements.

28.2. Notice of termination by an Employee

The notice of termination required to be given by an Employee is the same as that required
of the Employer except that there is no requirement on the Employee to give additional
notice based on the age of the Employee concerned. If an Employee fails to give the
required notice, the Employer may withhold(or deduct from) any monies due to the
Employee on termination, an amount equivalent to one rostered week's wages that the
Employee would have been paid under this Agreement (or such proportionally smaller
amount if the employee has less than one week's notice remaining to be served}.

28.3. Job search entitlement

Where the Employer has given notice of termination to an Employee, the Employee must
be allowed up to one day's time off without loss of pay for the purpose of seeking other
employment. The time off is to be taken at times that are convenient to the Employee after
consultation with the Employer.

28.4. Notice of termination for Casual Employees

28.4.1. In accordance with the NES, notice of termination does not apply to Casual Employees.
Accordingly, the Employer or the Employee may terminate the employment at any time
without notice.

29. Redundancy

29.1. Eligibility

An Employee is entitled to redundancy pay in accordance with the NES. In addition to the
redundancy pay provided under the NES, an Employee who is dismissed due to
redundancy is entitled to an additional week of gratuity pay calculated at the Employee's
Base Hourly Rate for their ordinary hours of work. For the avoidance of doubt, an Employee
with less than one year's service with the Employer is entitled to at least one week of
gratuity pay under this clause. This clause 29.1 does not apply to Casual Employees.

29.2. Transfer to lower paid duties

Where an Employee is transferred to lower paid duties by reason of redundancy, the same
period of notice must be given as the Employee would have been entitled to if the
Employee's employment had been terminated.

29.3. Employee leaving during notice period

Page 17 of 31
 An Employee who is provided with notice of termination in circumstances of redundancy
may terminate their employment during the period of notice. The Employee is entitled to
receive the benefits and payments they would have received under this clause had they
remained in employment until the expiry of the notice period, but the Employee is not
entitled to payment in lieu of notice.

29.4. Job search entitlement

An Employee who is provided with notice of termination in circumstances of redundancy

must be allowed up to one day's time off without loss of pay during each week of the notice
period for the purpose of seeking alternative employment. The time off is to be taken at
times that are convenient to the employee after consultation with the Employer.

30. Summary Dismissal

The Employer may terminate an Employee's employment at any time without notice or
without a payment in lieu of notice if the Employee:

(a) commits an act of serious misconduct;

(b) seriously or persistently breaches any terms of this Agreement;

(c) is dishonest or negligent in performing their obligations under this Agreement;

(d) breaches the Aviation Security Identification Card Guidelines (as amended from time
to time);

(e) engages in conduct that results in Aviation Security clearance to work airside and/or
at International Airport grounds being revoked;

(f) fails to immediately notify the Employer if the Employee is charged with or found
guilty of any criminal offence which in the opinion of the Employer may bring the
Employer into disrepute or affects or may affect the Employee's ability to carry out
the Employee's duties properly;

(g) is unable to perform the inherent requirements of their role; or

(h) refuses to comply with any reasonable instruction or direction including any failure
to comply with obligations under any of the Employer's rules, policies and/or
procedures and any directions given by management of the Employer.

31. Amounts owed by the Employee to the Employer

31.1. The Employer may set off any amounts the Employee owes the Employer (including by
reason of over-payment or leave taken in advance) against any amounts the Employer
owes the Employee at the date of termination, except for amounts the Employer is not
entitled by law to set off. The Employee authorises the Employer to make such a deduction
in accordance with section 324 of the Act.

31.2. The Employee must return all Employer property (including property leased by the
Employer) to the Employer, including but not limited to all equipment, tools devices and
keys, no later than upon the termination of the Employee's employment.

32. Individual Flexibility Arrangements

Notwithstanding any other provision of this Agreement, the Employer and an Employee
may agree to vary the effect of certain terms of this Agreement to meet the genuine needs

Page 18 of 31
 of the Employer and the Employee. Schedule 1 sets out the matters in respect of which an
individual flexibility arrangement can be made.

33. Consultation

Schedule 2 sets out the consultation procedures to be followed if the Employer has made
a definite decision to introduce a major change in the workplace.

34. Dispute Resolution

Schedule 3 sets out the procedures to be followed for preventing and settling disputes
between the Employer and the Employee about matters arising under this Agreement and
in relation to the NES.

Page 19 of 31
Signatories
SIGNED BY THE EMPLOYER
SIGNED BY (Signature): ~;:;,.---
FULL Name: c ..0-.. ro l N.c7(_2.,\,-..v>-..

Position: \ - \ . ~ ~~o~S ~0,C;0~

ADDRESS: \ D ~a~ ..e.:,,---re.r /Nenuz. / (V\OlSca-f f'-.J.Sw 2CJL()
Date: l 2 . . \ )._. ? . - o ~

WITNESSED BY ( S i g n a t u r e ) ~G-e£:)(i;:l--<" \5't::0(,-/,0tQ 9

FULL NAME: G-eor~ - (so~ ~ql.q S,
ADDRESS:\<:) C.Oo'c'.S \2t'-f-e/ ~nu:-c. µQS(o-l NS,W '.).02.0
Date: l 2 · \ 2- • 2o,2..2- , )

SIGNED BY THE EMPLOYEE REPRESENTATIVE

SIGNED BY (Signature):
FULL Name: Godfrey Moase
Position / Authority : Director - United Workers Union
ADDRESS: 833 Bourke Street, Docklands Vic 3008
Date: 12/12/2022

WITNESSED BY (Signature): J {)ur~

FULL NAME: Jenny Burgoyne
ADDRESS: 833 Bourke Street, Docklands Vic 3008
Date: 12/12/2022

Page 20 of 31
 Schedule 1
Flexibility term
1. The Employer and an Employee covered by this Agreement may agree to make an
individual flexibility arrangement to vary the effect of terms of the Agreement if:
(a) the Agreement deals with one or more of the following matters:
(i) arrangements about when work is performed;
(ii) overtime rates;
(iii) penalty rates;
(iv) allowances;
(v) leave loading; and
(b) the arrangement meets the genuine needs of the Employer and Employee in
relation to 1 or more of the matters mentioned in paragraph (a); and
(c) the arrangement is genuinely agreed to by the Employer and Employee.
2. The Employer must ensure that the terms of the individual flexibility arrangement:
(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 the Employee being better off overall than the Employee would be if
no arrangement was made.
3. The Employer must ensure that the individual flexibility arrangement:
(a) is in writing; and
(b) includes the name of the Employer and Employee; and
(c) is signed by the Employer and Employee and if the Employee is under 18
years of age, signed by a parent or guardian of the Employee; and
(d) includes details of:
(i) the terms of the Agreement that will be varied by the arrangement;
and
(ii) how the arrangement will vary the effect of the terms; and
(iii) how the Employee will be better off overall in relation to the terms
and conditions of his or her employment as a result of the
arrangement; and
(e) states the day on which the arrangement commences.
4. The Employer must give the Employee a copy of the individual flexibility arrangement
within 14 days after it is agreed to.
5. The Employer or Employee may terminate the individual flexibility arrangement:
(a) by giving no more than 28 days written notice to the other party to the
arrangement; or
(b) if the Employer and Employee agree in writing - at anytime.

Page 21 of 31
 Schedule 2
Model consultation term (regulation 2.09)
1. This term applies if the employer:
(a) has made a definite decision to introduce a major change to production,
program, organisation, structure or technology in relation to its enterprise that
is likely to have a significant effect on the employees; or
(b) proposes to introduce a change to the regular roster or ordinary hours of work
of employees.
Major change
2. For a major change referred to in paragraph (1)(a):
(a) the employer must notify the relevant employees of the decision to introduce
the major change; and
(b) subclauses (3) to (9) apply.
3. The relevant employees may appoint a representative for the purposes of the
procedures in this term.
4. If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative; the employer must recognise the representative.
5. As soon as practicable after making its decision, the employer must:
(a) discuss with the relevant employees:
(i) the introduction of the change; and
(ii) the effect the change is likely to have on the employees; and
(iii) measures the employer is taking to avert or mitigate the adverse
effect of the change on the employees; and
(b) for the purposes of the discussion-provide, in writing, to the relevant
employees:
(i) all relevant information about the change including the nature of the
change proposed; and
(ii) information about the expected effects of the change on the
employees; and
(iii) any other matters likely to affect the employees.
6. However, the employer is not required to disclose confidential or commercially sensitive
information to the relevant employees.
7. The employer must give prompt and genuine consideration to matters raised about the
major change by the relevant employees.
8. If a term in this agreement provides for a major change to production, program,
organisation, structure or technology in relation to the enterprise of the employer, the
requirements set out in paragraph (2)(a) and subclauses (3) and (5) are taken not to
apply.
9. In this term, a major change is likely to have a significant effect on employees if it
results in:
(a) the termination of the employment of employees; or
(b) major change to the composition, operation or size of the employer's
workforce or to the skills required of employees; or

Page 22 of 31
 (c) the elimination or diminution of job opportunities (including opportunities for
promotion or tenure); or
(d) the alteration of hours of work; or
(e) the need to retrain employees; or
(f) the need to relocate employees to another workplace; or
(g) the restructuring of jobs.
Change to regular roster or ordinary hours of work
10. For a change referred to in paragraph (1)(b):
(a) the employer must notify the relevant employees of the proposed change; and
(b) subclauses (11) to (15) apply.
11. The relevant employees may appoint a representative for the purposes of the
procedures in this term.
12. If:
(a) a relevant employee appoints, or relevant employees appoint, a
representative for the purposes of consultation; and
(b) the employee or employees advise the employer of the identity of the
representative; the employer must recognise the representative.
13. As soon as practicable after proposing to introduce the change, the employer must:
(a) discuss with the relevant employees the introduction of the change; and
(b) for the purposes of the discussion-provide to the relevant employees:
(i) all relevant information about the change, including the nature of the
change;and
(ii) information about what the employer reasonably believes will be the
effects of the change on the employees; and
(iii) information about any other matters that the employer reasonably
believes are likely to affect the employees; and
(c) invite the relevant employees to give their views about the impact of the
change (including any impact in relation to their family or caring
responsibilities).
14. However, the employer is not required to disclose confidential or commercially sensitive
information to the relevant employees.
15. The employer must give prompt and genuine consideration to matters raised about the
change by the relevant employees.
16. In this term "relevant employees" means the employees who may be affected by a
change referred to in subclause (1 ).

Page 23 of 31
 Schedule 3
Model term for dealing with disputes for enterprise agreements
(regulation 6.01)
Model term
1. If a dispute relates to:
(a) a matter arising under the agreement; or
(b) the National Employment Standards;
this term sets out procedures to settle the dispute.
2. An employee who is a party to the dispute may appoint a representative for the
purposes of the procedures in this term.
3. In the first instance, the parties to the dispute must try to resolve the dispute at the
workplace level, by discussions between the employee or employees and relevant
supervisors and/or management.
4. If discussions at the workplace level do not resolve the dispute, a party to the dispute
may refer the matter to Fair Work Commission.
5. The Fair Work Commission may deal with the dispute in 2 stages:
(a) the Fair Work Commission will first attempt to resolve the dispute as it considers
appropriate, including by mediation, conciliation, expressing an opinion or
making a recommendation; and
(b) if the Fair Work Commission is unable to resolve the dispute at the first stage,
the Fair Work Commission may then:
(i) arbitrate the dispute; and
(ii) make a determination that is binding on the parties.
Note: If the Fair Work Commission arbitrates the dispute, it may also use the powers
that are available to it under the Act.
A decision that Fair Work Commission makes when arbitrating a dispute is a decision
for the purpose of Div 3 of Part 5. 1 of the Act. Therefore, an appeal may be made
against the decision.
6. While the parties are trying to resolve the dispute using the procedures in this term:
(a) an employee must continue to perform his or her work as he or she would
normally unless he or she has a reasonable concern about an imminent risk to
his or her health or safety; and
(b) an employee must comply with a direction given by the employer to perform
other available work at the same workplace, or at another workplace, unless:

Page 24 of 31
 (i) the work is not safe; or
(ii) applicable occupational health and safety legislation would not permit
the work to be performed; or
(iii) the work is not appropriate for the employee to perform; or
(iv) there are other reasonable grounds for the employee to refuse to
comply with the direction.
7. The parties to the dispute agree to be bound by a decision made by Fair Work
Commission in accordance with this term.

Page 25 of 31
 Schedule 4
Base Hourly Rates

Base Hourly Rates commencing from the first full pay period after 31 January 2023 or from
the date this Agreement is in operation (whichever is the earlier date)

Category Casual Hourly

Base Hourly Rate
Rate

Sales Consultant $27.81 $34.76

Brand Ambassador $29.06 $36.33

Senior Sales Consultant $29.06 $36.33

Sales Team Leader Level 5 $31.31 N/A

Counter Manager $31.31 N/A

Boutique Leader $31.31 N/A

Replenisher $29.06 $36.33

Replenisher Team Leader $31.31 N/A

Base Hourly Rates commencing from the first full pay period after 31 January 2024

Category Casual Hourly

Base Hourly Rate
Rate

Sales Consultant $28.65 $35.81

Brand Ambassador $29.94 $37.43

Senior Sales Consultant $29.94 $37.43

Sales Team Leader Level 5 $32.25 N/A

Counter Manager $32.25 N/A

Boutique Leader $32.25 N/A

Replenisher $29.94 $37.43

Replenisher Team Leader $32.25 NIA

Page 26 of 31
Base Hourly Rates commencing from the first full pay period after 31 January 2025
Category Base Hourly Rate Casual Hourly
Rate
Sales Consultant $29.37 $36.71

Brand Ambassador $30.69 $38.36

Senior Sales Consultant $30.69 $38.36

Sales Team Leader Level 5 $33.06 N/A

Counter Manager $33.06 N/A

Boutique Leader $33.06 N/A

Replenisher $30.69 $38.36

Replenisher Team Leader $33.06 N/A

Page 27 of 31
 Schedule 5
Classifications
The Schedule provides indicative guidelines to determine the appropriate classification level of
Employees. In determining that classification level, consideration must be given to the
characteristics, experience and typical functions and skills required of the classification level. The
typical functions outlined below are non-exhaustive of the functions that may be required within
the particular classification level. Employees will typically be advised by the Employer of their
Classification Level.
Sales Consultant
An employee with previous retail experience, performing one or more of the following functions:
• delivers a high level of customer service in accordance with KPls;
• undertakes transactions, ensuring customers are well informed of purchase limits;
• escalates customer feedback to Sales Team Leader and/or Senior Sales Consultant;
• demonstrates a high level of product knowledge;
• promotes current promotions and services available to the customer;
• maintains stock and data integrity;
• maintains Heinemann's Visual Merchandising standards;
• accurate payment handling;
• participate in job-related training sessions;
• proper use of Secure Tamper Evident Bags;
• takes all reasonable steps to ensure the health and safety of themselves and other persons
while at work;
• performs refunds and voids transactions under the supervision and direction of the Sales
Team Leader or Manager; or
• work which is incidental to or in connection with any of the above.
Brand Ambassador
An employee with previous luxury retail experience, performing one or more of the following
functions:
• work within a specific brand or brands as that brand's ambassador;
• achieve Key Performance Indicators for the store, including Key Performance Indicators
determined by the relevant brand(s);
• comprehensive product knowledge understanding;
• maintenance of Boutique Client book;
• participate in job-related training sessions;
• assist in store operational tasks (such as inventory, cash protection, loss prevention);
• maintaining stock records and customer sales record;
• participation in brand stock counts and transitions;
• takes all reasonable steps to ensure the health and safety of themselves and other persons
while at work; or
• experienced in MS-Office and SAP/R3 (Retail) or Similar ERP System.

Page 28 of 31
Senior Sales Consultant
An employee performing one or more of the following functions at a higher skill level that the Sales
Consultant with previous retail experience specific to the brand/department:
• supervision of the delivery of customer service;
• provides support and direction to the team of Sales Consultants;
• develops and maintains relationships with brand/partners;
• management of data integrity and inventory flow;
• comprehensive understanding of product knowledge, best sellers, product features and
team benefits;
• maintains physical security of stock and assets;
• achieves, monitors and encourages team results;
• coaching, mentoring and developing performance of team;
• building rapport with relevant stakeholders;
• takes all reasonable steps to ensure the health and safety of themselves and other persons
while at work;
• communicates brand/department areas offocus;
• providing supervisory assistance to a designated section manager or team leader;
• opening or closing the premises or providing associated security; or
• securing cash and high-value items in a secure location, such as a safe.
Indicative roles include but not limited to: Tour Group Ambassador, Senior Product Specialist,
RFC Sales Consultant,
Sales Team Leader Level 5
An employee with previous leadership experience in the retail/ service industry performing one or
more of the following functions:
• supervising the delivery of customer service across the team;
• assists with the continuous development and improvement of general operations and
processes;
• acts as the first point of contact or complaints to ensure customer satisfaction and
resolution;
• manages Key Performance Indicators (KPls);
• manages and supports communication with the team;
• communicates on department activities, promotions and product categories;
• coaching, mentoring and developing team members, ensuring compliance with company
procedures;
• identification of key performers;
• assisting Department/ Assistance Store Manager in developing a talent pool;
• takes all reasonable steps to ensure the health and safety of themselves and other persons
while at work;
• manages Employee absenteeism and team attendance; or

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• management of customer/customs compliance requirements.
This role manages more than 15 team members.
Counter Manager
An employee with previous leadership experience in the retail/ service industry performing one or
more of the following functions:
• supervising the delivery of customer service excellence across the counter;
• supports the growth and generation of Key Performance Indicators;
• develops a customer service culture;
• acts as a first point of contact for complaints to ensure customer satisfaction and mutually
beneficial outcomes;
• analyses and executes actions to develop or correct KPls;
• manages communication to the team;
• supports the team through change;
• achieves, monitors and encourages team results;
• develops the Heinemann Brand Promises and values within the team;
• manages staff attendance;
• manages customs compliance requirements;
• takes all reasonable steps to ensure the health and safety of themselves and other persons
while at work; or
• coach and inspire team members.
Boutique Leader
An employee with previous retail experience relevant to the specific brand / department,
performing one or more of the following functions:
• supervising the delivery of customer service and product knowledge excellence across the
team;
• develops a team of high performing Sales Consultants;
• acts as a first point of contact for customer feedback;
• manages and achieves individual and collective brand KPls;
• coaching, mentoring and developing team members;
• achieves, monitors and encourages team results;
• communicates brand/department areas of focus, activities and promotions;
• develops the Heinemann Brand Promises and values within the team;
• takes all reasonable steps to ensure the health and safety of themselves and other persons
while at work; or
• ensure compliance with all regulatory rules.
Replenisher
An employee with a forklift license, previous retail replenishment experience or experience within
a warehouse environment and previous merchandising experience performing one or more of the
following functions:

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• ensuring goods are received, processed, stored and distributed safely, accurately and in
a timely manner;
• replenishing shelves;
• transport of logistics equipment;
• checking stocks and packing return goods for return;
• maintaining shop shelves with appropriate stock levels;
• promotion change of goods, stocking & destocking, labelling, sealing and preparation of
return to warehouse;
• receive deliveries;
• ad-hoe airport logistics tasks;
• operating manual pallet moving equipment;
• takes all reasonable steps to ensure the health and safety of themselves and other persons
while at work; or
• setting up and cleaning displays.
Replenisher Team Leader
An Employee performing the role of Replenisher, with the responsibility of managing more than
15 team members.

Page 31 of 31
 Heinemann
Australia

IN THE FAIR WORK COMMISSION Fair Work Act 2009 (Cth) ("FW Act")

Matter number: AG 202215224

Employer: Heinemann Australia ("Employer'')

Application: Section 185 - Application for approval of a single

enterprise agreement, namely the Heinemann
Australia Pty Ltd Enterprise Agreement 2023
("Agreement")

Authorised representative: Carol Nazha

Human Resources Manager

Undertaking-Section 190

For and on behalf of the Employer I, Carol Nazha:

1. declare that I have:

a. authority to give this undertaking on behalf of the Employer,

b. sought the views of all bargaining representatives forth is undertaking pursuant to section
190(4) of the FW Act;

2. understand that each undertaking is to be taken to be a term of the Agreement; and

3. give the following undertakings with respect to the Agreement:

a. With respect to the clause 12.3 (Ordinary Span of Hours) in the Agreement, the clause
will be taken to read as follows,

"An employee (who is not a Shiftworker), including a Casual Employee, who is

rostered to commence, and performs, work before 5.00 am, will be entitled to a penalty
rate of 150% of the Base Hourly Rate for all ordinary hours of work performed between
4.30 am and 7.30 am."

b. With respect to the clause 17.2 (Penalties and loadings - Casual Employees) in the
Agreement, the clause will be taken to read as follows,

Day Rate of Pay (no additional casual

loading payable)

Saturday 150% of the Base Hourly Rate

Sunday 200% of/he Base Hourly Rate

Public Holiday 250% of the Base Hourly Rate

Heinemann Australia Pty. Ltd. ABN 36 159 521 338

~ (+61) 1300 001444 B info@heinemann.com.au
2 Level 5, The Charles Ulm Building, Sydney International Airport 10 Cooks River Avenue. Mascot NSW 2020
1
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c. At the end of clause 19.1.2 (Reasonable Overtime) of the Agreement, the following is to
be included:

"(e) who is a Part-time Employee, works hours in excess of their "set hours" or "agreed
minimum number of hours", noting that a Part-time Employee may agree to vaty their
set hours or agreed minimum number of hours on a temporaty or ongoing basis, with
effect from a future date or time." ·

d. At the end of clause 20 (Meal and Rest Breaks) of the Agreement, the following is to be
included:

"20.6 The Employer cannot require an Employee:

(a) to take a rest break or meal break within the first or the last hour of work; or

(b) to take a rest break combined with a meal break; or

(c) to work more than 5 hours without taking a meal break."

Date signed: 23 December 2022

For and on behalf of the Employer by: Carol Nazha

[In accordance with s.190(5) of the FW Act]

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Witness name:
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Witness signature: ····;:,-:1 Z,pr-.,"'

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Heinemann Australia Ply. Ltd. ABN 36 159 521 338

~ (+61) 1300 001444 G info@heinemann.com.au

2 Level 5, The Charles Ulm Building, Sydney International Airport 10 Cooks River Avenue. Mascot NSW 2020
2