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CAS Sales Consultant - Isabella Reda
CAS Sales Consultant - Isabella Reda
17 November 2023
EMPLOYMENT AGREEMENT
1. Position
Your employment will be on a casual basis as a Sales Consultant or such other position as
may be required by the Company.
Your duties are set out in your job description. You will be required to perform these duties,
and any other duties the Company may assign to you, having regard to your skills, training
and experience.
You will be required to perform the duties at Sydney International Airport or Domestic
Airport or any other Heinemann location as reasonably directed by the Company.
As you are a casual employee, the Company makes no firm advance commitment to
continuing and indefinite work according to an agreed pattern of work.
The terms and conditions contained in this Agreement will apply on each occasion that you
are employed by the Company, unless otherwise agreed in writing with the Company. Each
occasion that you are employed by the Company is a separate engagement and your
casual employment will cease at the end of each engagement.
3. Industrial Instrument
he industrial instrument applicable to your employment is the Heinemann Australia Pty Ltd
Enterprise Agreement 2023 (the “Heinemann EA”) which applies as a matter of law and
does not form part of this Agreement.
If any entitlement arises under the Heinemann EA (including for the purposes of calculating
the applicable casual loading and any set off amount), that entitlement will be calculated
by reference to the applicable minimum rate of pay under the Heinemann EA.
c. use your best endeavours to promote and protect the interests of the Company;
d. not undertake any other employment or activities that could result in a conflict of
interest between you and the Company;
e. follow all reasonable and lawful directions given to you by the Company, including
complying with policies and procedures as amended from time to time. These
policies and procedures are not incorporated into this Agreement but
non-compliance with the lawful and reasonable directions in these policies and
procedures may result in disciplinary action, including the termination of
employment; and
5. Rates of Pay
You will be provided with a rate of pay of $34.76 per hour (casual rate includes the 25%
casual loading), less applicable taxation.
The casual loading is paid in lieu of, as well as to compensate you for not having, the
relevant entitlements owing to non-casual employees under the National Employment
Standards and any applicable Fair Work Instrument(s).
Any applicable penalties and loadings will be in line with the Heinemann Australia Pty Ltd
Enterprise Agreement. You agree that the portion of any payments made to you by the
Company (irrespective of their character) in excess of your entitlements under law or
industrial instrument, will be applied to compensate you for (or to “buy out”) any other
payment(s) due to be paid by the Company to you, whether or not the amounts paid and
due are of the same, or an entirely different, character.
You will be paid on a fortnightly basis via electronic funds transfer to your nominated bank
account. The Employer will make compulsory superannuation contributions as per the
Superannuation Guarantee (Administration) Act 1992. You can choose a complying
superannuation fund or the company's default, Retail Employees Superannuation Trust
(REST Industry Super). Without a nomination, the Employer will seek your "stapled super
fund" from the Australian Taxation Office, and if unsuccessful, will contribute to REST
Industry Super.
6. Hours of Work
You will be engaged on an hourly basis and paid as such, however, you are entitled to a
minimum of 3 hours for any shift in accordance with the Heinemann EA.
You may be offered work on an hourly basis and you may elect to accept or reject any
offers of work (including offers that may be proposed through rosters from time to time) at
your discretion.
In accordance with the needs of the Company, it is likely that you will be offered more
frequent work during the period from December - February (the “Peak Period”). During the
Peak Period, your offers of work will likely be provided to you in advance by way of a roster
and you must notify the Company as soon as practicable if you will not accept the shift(s)
offered to you.
You agree that you remain a casual employee during the Peak Period and that the
frequency of your offers of work will likely decrease after the Peak Period, subject to the
needs of the Company.
7. Leave
Your entitlements to leave are legislative and do not form part of this Agreement. In
accordance with legislation, you may be entitled to:
a. long service leave in accordance with the applicable State long service leave
legislation; and
You must comply with all State and Commonwealth laws and Company policies and
procedures including but not limited to those relating to:
The obligations in this clause apply while you are performing work and outside your work
hours to the extent that there is a connection with your employment, including at training
and work functions.
9. Medical examination
The Company may, at any time during your employment, require you to undergo a medical
examination by a medical practitioner selected and paid for by the Company. You authorise
the medical practitioner to provide a written report of the examination to the Company and
its authorised representatives, and to discuss the contents of the report with the Company
or its authorised representatives.
As a casual employee, your employment terminates at the end of each occasion that you
are employed by the Company. Notice of termination does not apply to Casual employees.
Accordingly, you or the Company may terminate this Agreement at any time without notice.
11. Deductions
You agree that the Company is entitled, subject to applicable laws, to deduct from any
monies due to you, at any time for:
a. Any overpayment;
c. Any amount agreed by you in writing prior to the deduction being made.
In accordance with section 324 of the Fair Work Act 2009 (Cth), you agree that such a
deduction is a permitted deduction, principally for your benefit and to avoid a legal claim
being brought against you (including a claim with respect to the recovery of those amounts
payable).
Any property belonging to the Company that is provided to you at any time must be used
for the purpose of your employment and in accordance with any relevant Company policy.
You must take all reasonable care when using the Company’s property and only use it for
the purpose it is intended. At any time as directed, you must return to the Company in good
condition (subject to fair wear and tear) all of the Company’s property in your possession
or under your control.
The Company may, from time to time and on an intermittent basis, to the extent permitted
by law monitor:
Any camera surveillance will be via CCTV, located in the store or office and designated by
signage.
14. Visa
For employees other than Australian and New Zealand citizens, employment with the
Company is subject to your obtaining and holding, and where appropriate, renewing the
appropriate work visa.
You agree to the Company conducting enquiries with relevant authorities in relation to
your eligibility to work from time to time and to providing the Company with information
relevant to those enquires. You must advise the Company immediately if your eligibility
to work changes during the course of your employment.
15. Confidentiality
By accepting this Agreement, you acknowledge and agree that you will not, during the
course of your employment or thereafter, except with the consent of the Company, as
required by law or in the performance of your duties, use or disclose Confidential
Information relating to the business of the Company. In this clause, Confidential Information
means any confidential information relating to the past, present or future business of the
Company that comes to your knowledge and includes client lists and supplier lists, trade
secrets, customer details and pricing structures.
This Agreement is governed by the law applying in the state or territory in which you are
based and the parties submit to the exclusive jurisdiction of the courts of that state or
territory.
The terms and conditions referred to in this letter constitute all of the terms and conditions
of your employment and replace any prior understanding or agreement between you and
the Company. The terms and conditions in this Agreement apply on each occasion that
you are employed by the Company and regardless of any change to your pay, position,
duties, responsibilities, reporting lines, hours of work or location of work, unless agreed
otherwise in writing between you and the Company.
The terms and conditions referred to in this letter may only be varied by a written agreement
signed by both you and the Company.
18. Severability
You acknowledge and agree that the terms and conditions in this Agreement are separate,
distinct and severable so that if any term of this Agreement is determined to be incapable
of being enforced by law, all other conditions and provisions of this Agreement shall remain
in full force and effect.
19. Waiver
The failure of either party not applying any provisions of this agreement, does not waive
their right to apply the provisions at any later date.
If you wish to accept this offer of casual employment, please sign below. You should retain
___________________
Carol Nazha
Head of Human Resources
I have read, understood and accept the terms and conditions of casual employment
contained in this Agreement. I understand that as a casual employee, I have no guarantee
of regular or ongoing work and that each occasion that I am engaged by the Company is a
separate engagement.
______________________ ______________
Signed by employee Dated