National retail chain Harris Scarfe is getting ready for another local union push to boost penalty rates for casual workers.
The Adelaide branch of the Shop Distributive and Allied Employees Association (SDA) is appealing its recent loss in a test case on casual rates paid to staff at Harris Scarfe’s Marion outlet.
The case is seen in the industry as having broad ramifications for casual workers’ pay rates across the national retail sector.
The claim, by Benjamin Roe, sought payment at public holiday penalty rates for work done on Australia Day this year (Saturday January 26) even though the gazetted substitute public holiday was on Monday, when Harris Scarfe was closed and Roe did not work.
Under the current Enterprise Bargaining Agreement with Harris Scarfe, permanent staff who worked on either day would receive double time penalty rates for the day they nominate.
Such an option is no available to casual staff.
SDA state secretary Peter Malinauskas told InDaily the union would appeal.
“Our job is to get the best outcomes for our members and we aim to get pay and conditions above and beyond what is seen as standard, so yes, we’ll be appealing this decision,” Malinauskas said.
“If our appeal is not upheld then we’ll seek to have the penalty rate clause included in the next Agreement we negotiate with Harris Scarfe.
“It’s our view that the conditions that apply to permanent employees should also be available to casual employees.”
The National Retailers Association, which defended the case on behalf of Harris Scarfe, said it would stand its ground.
“It’s been the historical practice that casual employees do not get access to most of the conditions that apply to permanent staff,” said NRA legal counsel Corrina Dowling.
“That’s why casuals get a loading on every hour they work.
“The distinction is of great consequence across the retail sector and we’ll be defending it.”
The NRA represents more than 3500 retail businesses across Australia.
While the test case relates to one employee and one day’s pay, both parties agree the ramifications are broad.
While keen to downplay the significance of the case, Malinauskas confirmed that “the costs of running this case have been substantial” and that a win “would set a precedent in so far as others would point to it as an standard in the sector”.
He said there was already a clause in the Harris Scarfe Agreement that said permanent employees who worked on an actual public holiday were not disadvantaged by the government substituting the public holiday to the following Monday.
“We just want that provision extended to casual staff.”
Harris Scarfe told the Industrial Court hearings all casual employees working on public holidays are paid in accordance with the rate specified in their workplace Agreement.
“If they don’t work on the gazetted holiday, then why should they be paid as if they did?” Dowling told InDaily.
Industrial Court magistrate Michael Ardlie found in favour of Harris Scarfe in his decision last month and an appeal has been lodged with hearing dates yet to be set.
