Coles Supermarkets 2017 Agreement – Your Roster

March 6, 2018 Coles FAQs Know Your Rights Our Resources

The 2017 Coles Agreement have some different rostering provisions to the ones currently in place.

To adapt to the new provisions (if the agreement is approved by Fair Work Commission), some roster changes will need to be made.

For any roster change to your regular roster, Coles must consult with you, consider your individual circumstances including family and caring responsibilities, study commitments and safe transport home issues.

You must under either the current agreement or the 2017 agreement be given at least 7 days notice of a roster change.  If you have any issues with the change then 14 days notice must apply and the issue can be addressed under the disputes procedure.

Some of these provisions in the 2017 agreement do allow choices for employees between the standard provision that automatically applies and a different option.

If you do not make any choice then the standard provision applies to you.  This is your entitlement and right which cannot be removed. You cannot be pressured to opt out of the provision.

You might currently have a roster that may be impacted by the new default roster rules of the new agreement. If you wish to continue with that choice, Coles needs you to confirm that choice

Issues that are different or provide a choice are:

  • Consecutive Days off
  • 19 Days vs 20 days
  • Additional Part time hours
  • Minimum break between shifts
  • Regular Sunday work
  • Break between shifts
  • Maximum shift length
  • Hours after 11pm or before 7am
  • Overnight Work
  • Bakers working overnight or early morning

Consecutive Days off

The 2017 Agreement provides 2 consecutive days off each week or 3 consecutive days a fortnight. This is your right.

There is an option for you to choose not to have this applied, if this suits your individual circumstances and you can reach agreement with your manager.

Again you can withdraw your choice and return to the Agreement standard.

19 Days vs 20 days

The 2017 Agreement gives Full time employees a 19 day Month. (19 days of work over a 4 week roster cycle).

Some employees didn’t have this condition currently or have elected to work 20 days.

19 days will be your right.  If you would like to work 20 days over a 4 week cycle then this is a choice you will need to make.  This choice needs to be recorded in writing so it is clear through the mycoles portal.

As with any choice you can change your mind and withdraw your choice.  If the choice has been implemented then the change would be implemented in the next 4 week cycle.

Additional Part-time hours

The 2017 Coles agreement allows Part-time employees to work additional ordinary hours at the appropriate ordinary rate (ie. you will receive penalties where they apply).  It does not continue the longstanding condition of additional shifts on a day (split shifts).

Working additional hours in the 2017 Agreement requires an employee to sign that they have agreed to work these hours at the ordinary rate and not at the overtime rate. This agreement needs to occur on each occasion.

To assist administratively Coles has introduced a ‘standing consent’ procedure.  This allows an employee to agree in writing that on an ongoing basis they agree to work additional hours at the appropriate ordinary rate.  This means additional hours can be added to your roster without Coles needing you to sign for these hours each time that occurs.  The additional hours need to be within your availability.

If you fill in a standing consent, you can refuse any additional hours when they appear in your roster. This will not stop your standing consent continuing to apply in the future.

If you haven’t provided standing consent, Coles can still offer you additional hours but will need to get your agreement on each occasion to work the hours as ordinary hours.

You can withdraw your standing consent at any time.

 Minimum Breaks between shifts

12 hours will be the minimum break between shifts under the 2017 agreement.

If you currently have a roster which only provides for a 10 hour break between shifts, or you will be happy to be rostered with a 10 hour break between shifts then you can make this choice and inform Coles of that.

Again you can withdraw this choice and receive 12 hour breaks between shifts.

Maximum Shift Length

Under the 2017 agreement shift lengths can only be a maximum of 9 hours , with one shift of 11 hours allowed per week.

For some members this will mean an adjustment to their roster.

Consultation on roster changes needs to occur; 7 days’ notice of a roster change is required.  If you disagree with the change then you must be given 14 days’ notice and the matter can be dealt with under the disputes procedure.

Consecutive days of work

The agreement provides for a maximum of 6 consecutive days of work. This means you cannot work back-to-back rosters that have more than 6 consecutive days of work at any time.
 
Regular Sunday work

The 2017 agreement will allow you to have 1 Sunday off in 4. The Sunday off must include the Saturday off as well.

If you would like to work all Sundays (or most) as part of your regular roster then you will need to inform Coles of your choice.

Working all Sundays does not mean you don’t get 2 consecutive days off per week (or 3 consecutive days per fortnight).

Work past 11pm or before 7am

Some current rosters have hours which under the 2017 Agreement will be outside the times where rostered ordinary hours can be worked.

There are ways these hours can continue to be worked or your roster can be adjusted to have all hours worked in the span of ordinary hours.

The 2017 agreement span is:

Monday to Friday 7am to 11pm
Saturday 7 am to 11pm
Sunday 9am to 11pm

The options that will apply:

  1. Your contracted hours will be rostered so that all hours fall within the span of hours.  Hours worked outside the span will be treated and paid as overtime. This means the overtime hours are not part of your contracted hours.  It means these overtime hours are not always guaranteed.  Overtime hours do not accrue entitlements such as annual leave or personal leave.  Superannuation is not paid for overtime hours.

    Example: Brent a Part-timer currently works 5am to 10am Monday to Friday.  Brent decides to only be rostered to work during the span of hours . After consultation his new roster is 8am to 1pm Monday to Friday.

  2. You can agree to work hours, outside the span, and have these counted and treated as part of your contracted rostered ordinary hours.  The hours that are outside the span will be paid at the same rate as the overtime rate (either 150% or 200%).  Under this option, these hours will accrue annual leave and personal leave entitlements. Superannuation will also be paid for these hours.

    An Example: Daniella a Full-timer agrees to work 11pm to Midnight Monday to Thursday and have these 4 hours as part of her ordinary hours of work (ie part of her 152 hours over 4 weeks). These 4 hours a week are paid at the overtime rate of 150%.  The 4 hours count for leave accruals such as annual leave and sick/carers leave.  She also receives superannuation for these hours.

You should inform Coles of which option you would like.  Option one will apply automatically if you do not choose the second option.  Where rosters changes occur, you must be consulted regardless of which position you choose.

You can change your choice.

Overnight or Shiftwork

There are some members who work the majority of their hours overnight.  Under the 2017 agreement there are several possible options that can apply.

  1. Your hours are rostered within the span of hours (ie no overnight work)
  2. You can agree to continue to work these hours but receive overtime rates for the hours
  3. Coles might offer to employ you as a shiftworker

Option 1: This would mean a major change to your work pattern but it is your right under the 2017 agreement. If you do not wish this to happen then Option 2 is a likely solution

Option 2: You can agree to work hours, outside the span, and have these counted and treated as part of your contracted rostered ordinary hours. The hours that are outside the span will be paid at the overtime rate (either 150% or 200%). Under this option these hours will accrue annual leave and personal leave entitlements. Superannuation will also be paid for these hours.

An Example:  Angela as part of her current roster works hours some of her hours between 11 pm to 5am Sunday to Thursday.  Angela is a full-timer and  agrees to work hours between 11pm to 5am and have these hours as part of her ordinary hours of work (ie part of her 152 hours over 4 weeks).  These hours in each  week are paid at the overtime rate of 150% or 200%.  The  hours count for leave accruals such as annual leave and sick/carers leave.  She also receives superannuation for these hours.

Option 3: There are shiftwork provisions in the 2017 Agreement. To become a shiftworker, Coles would need to offer you a change to your contract and employ you specifically as a shiftworker. A shiftworker can have hours of work outside the span of ordinary hours and are paid a loading for all hours worked.  If you are offered a shiftwork contract then reviewing the shiftwork provision is advisable.  Contact the SDA to assist in this matter.

Baker working overnight or early morning

Current roster arrangements include hours which are outside the span of ordinary hours in the 2017 Agreement.

There are two likely options if you wish to continue working the current hours: either agree to the hours to be part of your ordinary hours or Coles will offer you a change to become a shiftworker.

You can agree to work hours, outside the span, and have these counted and treated as part of your contracted rostered ordinary hours. The hours that are outside the span will be paid at the overtime rate (either 150% or 200%).  Under this option these hours will accrue annual leave and personal leave entitlements. Superannuation will also be paid for these hours.

An Example: Jade as part of her current roster works hours some of her hours between 11 pm to 5am Sunday to Thursday.  Angela is a full-timer and  agrees to work hours between 11pm to 5am and have these hours as part of her ordinary hours of work (ie part of her 152 hours over 4 weeks).  These hours in each  week are paid at the overtime rate of 150% or 200%.  The  hours count for leave accruals such as annual leave and sick/carers leave.  She also receives superannuation for these hours.

There are shiftwork provisions in the 2017 Agreement which relate to Baking production employees. These provisions have lower penalty rates than other shiftworkers. To become a shiftworker, Coles would need to offer you a change to your contract and employ you specifically as a shiftworker.  A shiftworker can have hours of work outside the span of ordinary hours and are paid a loading for all hours worked (not just those outside the span). If you are offered a shiftwork contract then reviewing the shiftwork provision is advisable. Contact the SDA to assist in this matter.

Remember

These roster choices only operate if the 2017 Agreement is approved by the Fair Work Commission.

It is your choice; management cannot require you to make a choice.

You can change your mind and your choice even after starting a new roster.

Consultation for a roster change is required.  If you disagree with any roster change you have the right to be given 14 days notice and have the issue addressed under the Disputes Procedure.

Coles is using ‘mycoles’ to record any choice you may make.

SDA Organisers and Shop Stewards can provide assistance to any member.