Illawarra
Venues Authority Australian Workers Union (State) Award 2011
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Illawarra
Venues Authority.
(No. IRC 327 of 2012)
Before Commissioner
Tabbaa
|
28 February 2012
|
AWARD
AWARD ARRANGEMENT
The conditions of employment contained in Part A of
this award apply to all employees.
The conditions of employment contained in Part B of
this award apply only to all non-managerial employees.
The conditions of employment contained in Part C of
this award apply only to all managerial employees.
PART A - ALL EMPLOYEES
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties
4. Intention
5. No Extra
Claims
6. Application
7. Period of
Operation
8. Terms of
Engagement
9. Rates of
Pay
10. Payment of
Wages
11. Superannuation
and Salary Sacrificing
12. Income
Protection
13. Training
14. Meal Breaks
and Allowances
15. Annual
Leave and Annual Leave Loading
16. Long
Service Leave
17. Sick Leave
18. Personal
Carers Leave / Bereavement Leave
19. Time off in
Lieu / Make up Time / Roster Days
20. Parental
Leave
21. Jury
Service
22. Introduction
of Change
23. Redundancy
24. Performance
Management
25. Disciplinary
Procedure
26. Disputes
Procedure
27. Role of the
Union
28. Consultative
Committee
29. Anti-Discrimination
PART B - GENERAL STAFF
Clause No. Subject Matter
1. Terms of
Engagement
2. Classifications
3. Termination
of Employment
4. Hours of
Work
5. Overtime
and Time Off In Lieu
6. Meal
Breaks and Allowances
7. First Aid
Allowance
8. Public
Holidays
9. Uniforms
and Protective Clothing
10. Multi-Hiring
PART C - MANAGEMENT STAFF
Clause No. Subject Matter
1. Engagement
2. Duties and
Responsibilities
3. Performance
Review
4. Remuneration
5. Provision
of a Vehicle
6. Termination
7. Hours of
Work
8. Confidentially
9. Professional
Indemnity
10. Resources
11. Professional
Development
12. Expenses
PART D - MONETARY RATES
Table 1 - General Staff Weekly Rates of Pay
Table 2 - Management Staff Weekly Rates of Pay
Table 3 - Other Rates and Allowances
PART A - ALL EMPLOYEES
1. Title
This award shall be known as the Illawarra Venues
Authority Australian Workers Union (State) Award 2011.
2. Definitions
"Employee" means a person employed by the
Office of Communities NSW at the Illawarra Venues Authority on a permanent
full-time, permanent part-time, fixed-term or casual basis.
"IVA" means the Illawarra Venues Authority
(or any subsequent entity assuming responsibility for the Authority), whose
employees are considered employees of the Office of Communities NSW (or any
subsequent entity assuming responsibility for the Office of Communities NSW).
"Union" means the Australian Workers Union,
Port Kembla South Coast & Southern Highlands Branch New South Wales.
3. Parties
The parties to this award are:
a. Office of
Communities NSW; and
b. The Australian Workers
Union, Port Kembla, South Coast & Southern Highlands Branch, New South
Wales (the Union).
4. Intention
4.1 The parties to
this Award acknowledge that good industrial relations are central to the
effective and efficient operation of facilities controlled by the Illawarra
Venues Authority and thereby providing the workforce with fair and equitable
rates of pay, stability of income and employment, whilst providing the
community of the Illawarra with first class sporting, entertainment and
recreation facilities.
5. No Extra Claims
5.1 The parties
agree that, during the term of this Award, there will be no extra wage claims,
claims for improved conditions of employment or demands made with respect to
the employees covered by the Award and, further, that no proceedings, claims or
demands concerning wages or conditions of employment with respect to those
employees will be instituted before the Industrial Relations Commission or any
other industrial tribunal.
5.2 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing Award
provisions
5.3 Variations made
with the agreement of the parties as provided for in clause 6(1)(d) of the
Industrial Relations (Public Sector Conditions of Employment) Regulation 2011
are not prohibited by this clause.
6. Application
6.1 This Award is
binding on the Illawarra Venues Authority, employees of the Office of
Communities NSW working for the IVA, and the Australian Workers Union (New
South Wales Branch) representing their members employed at the IVA, in respect
of the employment conditions and rates of pay for the Office of Communities NSW
employees engaged in the operation, maintenance and administration of grounds
and facilities operated and/or controlled by the Illawarra Venues Authority.
6.2 This Award shall
equally apply to any sub-contracted organisation or individual employing
persons, other than manager
classifications, who would otherwise either have been employed by the IVA,
other than organisations or individuals who either are party to, or obliged by
common rule application to, observe Awards or Agreements of the Australian
Liquor Hospitality Miscellaneous Workers Union in regard to cleaning, security,
childcare or catering services or otherwise excluded by the operation of State
or Federal law.
7. Period of
Operation
7.1 This award will
operate from the first pay period commencing on or after 13 September 2011 and
will remain in force for a period of three years, and rescinds and replaces the
Illawarra Region Sporting Venues Authority
Australian Workers Union (State) Award 2009 published 26 March 2010 (370 I.G.
11).
7.2 The award stands
alone. All other agreements and awards
are excluded from having any application to employees of the Office of
Communities NSW working for the IVA while performing the work covered by the
Agreement.
8. Terms of
Engagement
Employees under this Award shall be engaged as either Permanent
(full-time or part-time) or Casual employees.
8.1 Permanent weekly
full-time employees, including management, will be engaged by the fortnight and
will be paid the rate of pay for the appropriate skill level as set out in
Section A of Table 1 or in Table 2 of Part D, Monetary Rates.
Permanent annualised full-time employees will be
engaged as annualised salaried employees and will be paid the rate of pay for
the appropriate skill level as set out in Section D of Table 1 of Part D,
Monetary Rates. Permanent annualised part-time employees will be paid pro-rata
the rate for the appropriate skill level as set out in Section D of Table 1 of
Part D, Monetary Rates. Further terms of engagement for annualised salaried
employees are set out in Clause 5 of Part B, Overtime and Time off in Lieu.
8.2 Permanent weekly
part-time employees will be engaged to work flexible hours and rosters to meet
the needs of the business as agreed in advance between the IVA and the employee
concerned, provided that such lesser hours are no fewer than 80 hours per month
or 4 hours per shift.
Part-time employees will be paid pro-rata the rate for
the appropriate skills level as set out in Table 1 of Part D Monetary Rates.
The provisions of subclause (b) of this Clause will apply to part-time
employees in addition to the other provisions of this award, with the exception
that sick leave, annual leave loading and family leave will be allowed on a
pro-rata basis.
8.3 Probationary
Period: Notwithstanding anything elsewhere contained in this Clause, and Clause
3 of Part B, Termination of Employment, a maximum of the first three (3) months
of permanent employment will be on a trial basis and may be terminated by at
least two days’ notice. If this notice is not given during this period the
payment or forfeiture of two (2) days’ wages, depending upon when the
termination is effected, will be applied. The length of the probationary period
will be specified in a new employee’s Letter of Appointment.
8.4 Casual employees
will be employees employed by the hour and will be employed for a minimum of
three (3) hours per engagement.
8.5 The IVA may
direct an employee to carry out such duties as are within the limits of the
employee’s skill, competence and training, provided that such duties are not
designed to promote de-skilling.
8.6 Despite any
other provision of this Award, the IVA is not required to pay wages to any
employee for any day on which that employee cannot be usefully employed because
of any strike.
9. Rates of Pay
9.1 The rates of pay
in this Award take into account structural efficiency changes and safety net
wage increases available up to the date of its making; and include a loading in
lieu of penalty rates on Saturday and Sundays.
9.2 The ordinary
hourly rates of pay relating to persons employed under this award are those
applying in Tables 1, 2and 4 of Part D attached hereto.
9.3 An employee will
only be classified and paid at a higher level of skill if the IVA has a vacancy
at that level and the employee has attained the necessary skills and has been
accredited and appointed to a higher level. The employee will be paid the rate
for that classification regardless of the actual task carried out in the
enterprise.
9.4 An employee who
is required to perform work, for a temporary period, at a higher skill level
than that which is normally performed will be paid at the appropriate higher
wage rate whilst performing such duties, provided that the work so performed
extends beyond four hours.
9.5 A weekly or annualised
salaried employee who, during a period of relief greater than 5 working days,
is required to perform the duties of a Manager and, in the opinion of the
appropriate Department Head, satisfactorily performs the whole of the duties
and assumes the whole of the responsibilities of that position will be paid by
allowance any difference between the employee’s present salary and the salary
to which the employee would have been entitled if appointed to that Management
position.
9.6 When the
employee undertakes a proportion of the duties and responsibilities of the
relief position an allowance will be paid to reflect the percentage of duties
undertaken, for example if an employee undertakes 50% of the duties and
responsibilities of the substantive occupant during the relevant period a 50%
allowance would be payable.
10. Payment of Wages
10.1 All moneys
payable to employees will be paid weekly, fortnightly or monthly, by agreement
with the employee, by electronic funds transfer.
10.2 For each pay
period the employee will be supplied with a written statement showing how the
pay has been made up and including details of any deductions.
11. Superannuation
and Salary Sacrificing
11.1 The subject of
superannuation is dealt with extensively by federal legislation including the Superannuation
Guarantee (Administration) Act 1992, the Superannuation Guarantee charge
Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and Section 124 of the Industrial
Relations Act 1996 (NSW). This legislation, as varied from time to time,
governs the Superannuation rights and obligations of the parties.
11.2 Subject to the
requirements of this legislation, superannuation contributions may be made to
either ASSET (Australian Superannuation Savings Employment Trust), Australian
Super, or HESTA (Health & Community Services Industry Fund)on a monthly
basis on behalf of employees engaged under the provisions of this award.
SALARY SACRIFICE TO SUPERANNUATION
11.3 Notwithstanding
the salaries as varied by clause 9, Rates of Pay of this Part, an employee may
elect, subject to the agreement of the IVA, to sacrifice a portion of the
salary payable under clause 9 Rates of Pay to additional employer
superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed may be up to one hundred (100) percent of the salary payable under
Clause 9 Rates of Pay.
11.4 Where the
employee has elected to salary sacrifice a portion of their salary to
additional employer superannuation contributions:
i. Subject to
Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYG taxation deductions by the amount of that
sacrificed portion; and
ii. Any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to an
employee’s salary, shall be calculated by reference to the salary which would
have applied to the employee under Clause 9 Rates of Pay of this Award in the absence
of any salary sacrifice to superannuation made under this Award.
11.5 Where an employee
elects to salary sacrifice in terms of subclause 11.3 above, the IVA will pay
the sacrificed amount into the relevant superannuation fund.
12. Income Protection
12.1 All permanent
weekly employees and regularly employed casuals (being casuals rostered for
more than 20 hours in any 28 day period) shall be covered by a Sickness and
Accident Income Protection Plan approved and endorsed by the union.
12.2 It is a term of
this award that the IVA will bear the costs of one percent of gross weekly
award rate of pay per member towards providing income protection with a minimum
of $4.00 up to a maximum of $8.00 per month, for regularly employed casuals (as
defined).
13.Training
13.1 The IVA
acknowledges its commitment to provide its employees with career paths and
access to more varied, fulfilling and better paid jobs through training.
13.2 No employee will
be required to perform work at a level of skill for which that employee has not
been suitably trained. In accordance with the needs of the enterprise, training
will be provided to enable employees to qualify for classification to, and to
make a contribution at, higher levels of skill, by the application of a
Training Program.
13.3 The IVA will
accept responsibility for the organisation of ‘on-the-job’ training but
employees will assist as required in the training of other employees. For
training ‘off-the-job’ the IVA will accept responsibility for arranging the
training in all cases where the IVA requests such training to meet staffing
requirements.
13.4 The IVA will pay
at the classified level of skill during all training undertaken in normal
working hours. For training undertaken ‘off-the-job’ and outside normal working
hours, and approved by the IVA as being in accordance with the need of the
enterprise, the company will pay all necessary fees and the cost of essential
textbooks, literature and stationery.
13.5 An employee who
undertakes one or more tasks, but not all the tasks, at a higher level of skill
than that to which the employee is accredited, as part of their training for
qualification to that higher level, will continue to be paid at the
classification level rate for which the employee has been accredited.
14. Meal. Breaks and Allowances
14.1 Full-time and
part-time employees
i. All employees
will be allowed an unpaid meal break of 45 minutes duration, to be taken
between four to six hours after the commencement of work (depending on the need
of the enterprise). Each subsequent unpaid meal break of similar duration will
be taken between four to six hours after the time of the previous meal.
14.2 Casual Employees
i. All casual
employees who work for more than four consecutive hours will be entitled to an
unpaid meal break of 45 minutes duration, to be taken according to the needs of
the operation before six hours have elapsed. After each subsequent four-hour
period from the time of the first entitlement the employee will be given a further
meal break under similar conditions.
ii. Casual
employees who work at least four hours will be entitled to a paid refreshment
break of ten minutes duration during that shift, to be taken at the place of work
and at a time to suit the needs of the enterprise.
15. Annual Leave and
Annual Leave Loading
15.1 The annual leave
provisions will be governed by the Annual Holidays Act 1944 (NSW) as
amended.
15.2 All permanent
employees shall be entitled to four weeks annual leave for each completed year
of service, less the period of annual leave taken.
15.3 Permanent
employees engaged as General Staff under Part B shall be paid at the
anniversary of their employment a loading equal to seventeen and a half percent
of their ordinary pay for four weeks.
15.4 The taking of
annual leave shall as far as practicable be taken at a mutually agreed time and
for a mutually agreed duration up to the maximum entitlement contained herein.
15.5 Under no
circumstances shall annual leave be allowed to accrue above the entitlement for
a period of two years.
15.6 No employee shall
be recalled from annual leave once they have commenced such leave, without the
re-crediting of that proportion of the leave already used and the re-imbursement
of any additional expenses incurred by the employee as a consequence of such
recall.
15.7 An employee may
elect, with the consent of the employer, subject to the Annual Holidays Act
1944, to take annual leave not exceeding five days in single day periods or
part thereof, in any calendar year at a time or times agreed by the parties.
15.8 Access to annual
leave, as prescribed in paragraph 14.7 of this clause, shall be exclusive of
any shutdown period provided for elsewhere under this award.
15.9 An employee and
employer may agree to defer payment of annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
16. Long Service
Leave
16.1 Prior to 1st
September 2005, employees are entitled to long service leave in accordance with
the provisions of the Long Service Leave Act 1955.
16.2 For continuous
service post 1st September 2005, employees shall accrue long service leave as
follows:
a. Ten weeks paid leave
after ten years’ service, and thereafter,
b. Five weeks paid
leave on the completion of each additional five years’ service.
16.3 Such leave
accrual shall not apply to any long service leave that has accrued prior to 1st
September 2005.
17. Sick Leave
17.1 A full time
employee shall be entitled to 10 days sick leave per year. Part-time employees
shall be entitled to a proportionate amount of sick leave.
17.2 If the full
period of sick leave is not taken in any one year, the whole or untaken portion
shall accumulate from year to year. Such accumulation shall be limited to
benefits up to a maximum of 100 days paid leave.
17.3 An employee shall
not be entitled to sick leave for any period in respect of which such employee
is entitled to worker’s compensation.
17.4 Where an employee
is ill or incapacitated on a rostered day or shift off he/she shall not be
entitled to sick pay on that day nor shall his/her entitlement to sick leave be
reduced as a result of such illness or incapacity.
17.5 Where an employee
is absent for more than one consecutive day, or more than three single days in
a year, the employee shall provide the employer with a doctor’s certificate.
17.6 The employee,
wherever possible, shall, prior to the commencement of the absence on sick
leave, inform the employer of their inability to attend for duty and as far as
practicable, state the nature of the injury or illness, and the estimated
duration of the absence.
18. Personal Carers
Leave / Bereavement Leave
Use of Sick Leave
18.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subclause 18.3.2 of this subclause, who need the employee’s
care and support, shall be entitled to use, in accordance with the subclause,
any current or accrued sick leave entitlement provided for in Clause 16, Sick
Leave, of this Part for absences to provide care and support for such persons
when they are ill. Such leave may be
taken for part of a single day.
18.2 The employee
shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
18.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
18.3.1 The employee being
responsible for the care and support of the person concerned; and
18.3.2 The person
concerned being:
a. a spouse of the
employee, or
b. a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
c. a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), parent (including a foster parent and legal guardian), grandparent,
grandchild or sibling of the employee or spouse or de facto spouse of the
employee; or
d. a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
e. a relative of
the employee who is a member of the same household, where for the purpose of
this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
18.4 An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the employer by telephone of
such of such absence at the first opportunity on the day of absence.
Unpaid Leave for Family Purpose
18.5 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in subclause
18.3.2above who is ill.
BEREAVEMENT LEAVE
18.6 A full-time or
part-time employee shall be entitled to a maximum of three (3) days leave
without loss of pay on each occasion and on the production of satisfactory
evidence of the death within Australia of a parent (including foster parent and
parent-in-law), grandmother, grandfather, wife, husband, de facto wife, de
facto husband, sister, brother, child, stepchild or grandchild.
19. Time Off in Lieu
/ Make Up Time / Roster Days
19.1 Time Off in Lieu
of Payment of Overtime
19.1.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within twelve (12)
months of the said election.
19.1.2 Overtime taken as
time off during ordinary time hours shall be taken at the ordinary time rate
that is an hour for each hour worked.
19.1.3 If, having elected
to take time as leave in accordance with paragraph (19.1.1) of this subclause,
the leave is not taken for whatever reason payment for time accrued at overtime
rates shall be made at the expiry of the twelve (12) month period or on
termination.
19.1.4 Where no election
is made in accordance with the said paragraph (19.1.1), the employee shall be paid
overtime rates in accordance with the award.
19.2 Make-up Time
An employee may elect, with the consent of the
employer, to work "make-up time", under which the employee takes time
off during ordinary hours, and works those hours at a later time, during the
spread of ordinary hours provided in the award, at the ordinary rate of pay.
19.3 Rostered days off
19.3.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
19.3.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
19.3.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employer or employee.
19.3.4 Where a dispute
may arise in respect of this sub-clause, the disputes procedure as provided for
in Part A - Clause 26 will be followed.
20. Parental Leave
20.1 A permanent
full-time and part-time employee shall be entitled to parental leave pursuant
to the provisions of the NSW Industrial Relations Act 1996.
20.2 Concurrent with
the above unpaid leave provisions, all employees shall be entitled to the
following employer paid parental leave provisions:
a. Paid Maternity
Leave - fourteen (14) weeks paid maternity leave to all female permanent
full-time and part-time employees
b. Paid Paternity
Leave - two (2) weeks paid paternity leave to all male permanent full-time and
part-time employees
20.3 Federal
Government Paid Parental Leave
The Federal Government's paid parental leave scheme
commenced on 1 January 2011. The scheme complements the employee's entitlement
to unpaid parental leave under the National Employment Standards.
20.3.1 What does the
scheme provide?
Eligible working parents can receive up to 18 weeks of
paid parental leave. Parental leave pay
is a fixed rate for all eligible parents - regardless of their income - and is
calculated by reference to the national minimum wage. The current rate is $570
per week and will be indexed from mid-2012.
The payments are taxable income. Tax will be deducted and payments will be
recorded on end of financial year employment statements. Employers are not required to make
superannuation contributions on the payments.
20.3.2 Who is eligible?
The payments are available to an employee who:
has the primary care of a child born or adopted after 1
January 2011
is an Australian resident or citizen
meets the 'work test' immediately before the birth or
adoption of the child
received a taxable income of $150,000 or less during
the previous financial year (individual income - not family income), and
has taken leave from their workplace, or not engaged in
paid work, from the birth of the baby or adoption of the child.
20.3.3 What is the work
test?
To be eligible for the payment, the primary carers must
have:
worked for at least 10 of the 13 months prior to the birth
or adoption of the child
worked for at least 330 hours during that 10 month
period and
have had no more than an eight-week gap between
consecutive working days, with at least one hour of work being performed.
20.3.4 When can an
employee claim?
The earliest a claim can be made is 97 days prior to
the expected date of birth or adoption. The last date that a claim can be made
is the day before the child's first birthday, or the first anniversary of the
child's placement (in the case of adoption).
However, employees need to remember that if a claim is
made within 18 weeks of the child's first birthday or anniversary of placement,
the claimant is only eligible to claim for the period up to the first
anniversary. This means that an employee claiming in this period will not
receive the full 18 weeks' benefit.
20.3.5 How does an
employee claim?
The Family Assistance Office assesses every claim for
paid parental leave, even where the payments will be made through the person's
employer. The FAO will make a payability determination. The FAO will also make
a determination as to whether the paid parental leave must be administered by
the person's employer, or through the FAO.
Applications for paid parental leave are not made to employers
directly, even when the employer will facilitate the payments.
20.3.6 Can the Government
funded leave be combined with other types of leave?
Paid Parental Leave can be received before, after or at
the same time as other entitlements, including employer-provided paid parental
leave.
20.3.7 Who pays?
Paid Parental Leave is funded by the Federal
Government. However, for many
employees, it will be paid by their employer who, in turn, receives funding for
the payments directly from the Government.
Until 1 July 2011, payments to employees can be made
directly by the Family Assistance Office. From 1 July 2011, the employer must
provide the parental leave pay to employees who have:
worked for the employer for at least 12 months before
the birth or adoption of the child;
are Australian-based employees, and
are entitled to at least eight weeks of paid leave.
In other cases, the Family Assistance Office will continue
to provide the payment.
20.3.8 When does the
entitlement cease?
The entitlement to paid parental leave ceases once an
employee returns to work. A person
returns to work on a day if they perform one hour or more of paid work on a
single day. This means that if an employee performs even a single hour of paid
work, they cease to be eligible. If they are already receiving payments at the
time they return to work, their entitlement to any remaining weeks' benefit
ceases from the time they perform the work.
However, employees are entitled to 10 'keeping in
touch' days while on leave. A keeping in touch day is a working day that allows
an employee to keep in touch with their place of work or that facilitates their
return to work after their leave.
Training or planning days and conference are examples of 'keeping in
touch' activities. Ordinary work activities are not 'keeping in touch' days.
21. Jury Service
A permanent employee required to attend for jury
service will be reimbursed by the IVA the difference between the amount received
for the service and the amount the employee would have earned for ordinary
hours, on production of evidence of payment received for the service.
22. Introduction of
Change
22.1 Where the IVA has
made a definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, the IVA will notify the employees who may be affected by
the proposed changes, and the union, if the employees are members.
22.2 "Significant
effects" include termination of employment, major changes in the
composition of the IVA workforce or in the skills required; the elimination or
diminution of job opportunities, promotions opportunities or job tenure; the
alteration of hours of work; the need for retraining or transfer of employees
to other work or locations; and the restructuring of jobs. However, where this
award makes provision for alteration of any of the matters referred to herein,
an alteration will be deemed not to have a significant effect.
22.3 The IVA will
discuss with the employees affected and, if they are members of the union, the
union, inter alia, the introduction of the changes referred to in subclause
22.1of this clause, the effects the changes are likely to have on employees and
will give prompt consideration to matters raised by employees and, if they are
members of the union, by their union, in relation to the changes.
22.4 The discussions
will commence as early as practicable after a definite decision has been made
by the IVA to make the changes referred to in subclause (a) of this clause.
22.5 For the purpose
of such discussion, the IVA will provide in writing to the employees concerned
and, if they are members of the union, to their union, all relevant information
about the changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect
employees. However, the IVA will not be required to disclose confidential
information, the disclosure of which would be contrary to the IVA’s interests.
23. Redundancy
23.1 Where the IVA has
made a definite decision that the IVA no longer wishes the job the employee has
been doing to be done by anyone, and this is not due to the ordinary and customary
turnover of labour, and that decision may lead to the termination of
employment, the IVA will hold discussions with the employees directly affected
and with the union.
23.2 The discussions
will take place as soon as practicable after the IVA has made a definite
decision which will invoke the provisions of subclause23.1of this clause, and
will cover inter alia, any reasons for the proposed terminations, measures to
avoid or minimise the terminations and measures to mitigate any effects of any
terminations on the employees concerned.
23.3 For the purposes
of the discussion the IVA will, as soon as practicable, provide in writing to
the employees concerned and the union, all relevant information about the
proposed terminations, including the reasons for the proposed terminations, the
number and categories of employees likely to be affected, and the number of
workers normally employed and the period over which the terminations are likely
to be carried out. However, the IVA will not be required to disclose confidential
information, the disclosure of which would be contrary to the IVAs’ interests.
23.4 Where an employee
is transferred to lower paid duties for reasons as set out in subclause 23.1of
this clause, the employee will be entitled to the same period of notice of
transfer as the employee would have been entitled to if employment had been
terminate, and the IVA may, at the IVAs’ option, make payment in lieu thereof
an amount equal to the difference between the former ordinary time rate of pay
and the new lower ordinary time rates for the number of weeks still owing.
23.5 In addition to
the period of notice prescribed for ordinary termination in subclause (a) of
clause 3 of Part B, Termination of Employment, an employee whose employment is
terminated for reasons as set out in subclause23.1of this clause, will be
entitled to the following amount of severance pay in respect to a continuous
period of service:
Period of
Continuous Service
|
Severance Pay
|
Up to the completion of 5 years
|
1 week’s pay for each completed year of service
|
5 years and over
|
3 week’s pay for each completed year of service
|
23.6 In addition to
the above scale, one additional week’s pay per year of service will be paid to employees
over the age of45 years at the date of redundancy offer being made by the IVA.
"Week’s pay" means the ordinary time rate of
pay for the classified skill level for the employee concerned.
In addition, employees will be paid the following
benefits:
a. Payment of
annual leave loading on all accrued annual leave.
b. Payment of
pro-rata long service leave, for employees with more than ten years continuous
service.
23.7 An employee whose
employment is terminated for reasons set out in subclause 23.1 of this clause
may terminate employment during the period of notice and, if so, will be
entitled to the same benefits and payments under this clause had the employee
remained with the IVA until the expiration of such notice. In such
circumstances the employee will not be entitled to payment in lieu of notice.
23.8 During the period
of notice of termination given by the IVA an employee will be allowed up to two
days’ time off without loss of pay during each week of notice, for the purpose
of seeking other employment. The employee must make application for the time
off and may be required to produce proof of attendance at an interview to
qualify for payment for the time absent. A statutory declaration will serve as
adequate proof of attendance.
23.9 Where a decision
has been made to terminate employees in the circumstances outlined in subclause
23.1 of this clause, the IVA will notify a Commonwealth Government Accredited
Employment Service as soon as possible giving relevant information including
the number of categories of employees likely to be affected and the period over
which the terminations are intended to be carried out.
The continuity of employment of an employee will be
deemed not to have been broken by reason of transmission of business and the
whole period of employment will be deemed to be service for the application of
this clause.
This clause will not apply where employment is
terminated as a consequence of serious and wilful misconduct or conduct that
justifies instant dismissal.
The redundancy provisions contained in this clause do
not apply to casual employees of IVA.
24. Performance
Management
24.1 The IVA and the
Union shall develop a classification and performance review procedure and
criteria.
24.2 A committee made
up of 2 Trust representatives and 2 workplace Union representatives shall work
collectively to produce the review package for the consideration of the IVA,
the Union and its members.
24.3 The IVA shall
provide in writing to each employee, a brief job description and the level upon
which they are being employed and whether they will be remunerated as either a
weekly or annualised employee.
24.4 An employee may
request on an annual basis a performance and skills review if they believe
their work, level of responsibility or skill have changed significantly enough
to warrant an upgrade to a new salary point or level.
24.5 Employees may be
appointed to their classification level and salary point on the wages structure
according to the level of job performance, responsibility, skills, experience
and work to be carried out.
24.6 Members of the
management team will participate with the general Manager of the IVA, and in
the case of the General Manager with the Chairperson of the IVA and the
Director General, Office of Communities NSW, in establishing a program of
Performance Review and work to an agreed set of Key performance Indicators that
will be drawn from the IVA’s Annual Business Plan.
24.7 The IVA agrees to
employ a facilitator to assist in the development of the Performance Management
Plan, if the committee cannot come to an agreement on its design or
implementation.
25. Disciplinary
Procedure
25.1 Warnings may be
issued by the supervisor of the employee concerned when, in the supervisor’s
opinion, the employee’s behaviour is deemed unacceptable. A written warning
should only be issued after the employee has been warned verbally on previous
occasions, unless the offence is of a particularly serious nature.
25.2 The establishment
of a warning system will not preclude the right of the IVA to dismiss an
employee without the issue of a written warning, in accordance with subclause
(f) of clause 3 of Part B, Termination of Employment.
25.3 The basis of the
three-warning system is as follows:
25.3.1 An employee whose
conduct is deemed unsatisfactory by the supervisor may be given a first written
warning.
25.3.2 Should no
improvement be forthcoming, then a second warning may be issued.
25.3.3 A third, or final,
warning can be issued if there has been no improvement. If no improvement
occurs
after the issuing of a final warning then the employee
is liable to dismissal.
25.3.4 Each warning will
remain in force, individually, for two years, unless superseded by a further
warning at the next level of this warning system. An employee issued with a
second or final warning will revert back to a first or second warning
respectively after the expiration of two years. This allows an employee to
improve behaviour.
25.3.5 All written
warnings are to be given in the presence of the employee’s nominated
representative, if the employee so desires.
26. Disputes
Procedure
26.1 The following
procedure will be followed in dealing with any dispute arising out of the
operation of this award or any matter relating to the employment of personnel
covered by this award:
a. The employee or
employees concerned will discuss the matter with their immediate supervisor or
appropriate manager in the presence of the Union Delegate if the employee(s) so
wish.
b. If the matter
is not resolved, it will be brought to the attention of the General Manager who
will attempt to settle the matter by consultation.
c. If the matter remains
unresolved, and the employee so wishes, the Secretary of the Union (or the
Secretary’s representative) will be advised, and further discussions will be
held in an attempt to settle the matter.
d. If the above
steps are unsuccessful, the matter will be referred to the Industrial Relations
Commission of New South Wales for resolution.
e. While the above
procedures are being followed, all work will continue normally. If there is a
bona fide risk to the safety of employees they will be moved to another part of
the work place where there is no risk.
f. All employees
are to be made familiar with this disputes procedure and are to give an
undertaking to observe it.
g. The employee or
employees who raise the grievance may be involved in the discussions at all
levels of this procedure.
27. Role of the Union
27.1 Union Commitment
The union commits itself to promote a harmonious and
productive workplace environment in which employees are committed to the
organisation. Every effort will be made to ensure that the dispute settlement
procedures are followed and industrial disruption is avoided.
In recognition of this, the following procedure will be
implemented:
27.1.1 Attendance at the
work site.
Properly accredited officials of the union shall have
the right, subject to security arrangements, to enter the work site to observe
the performance of work and to talk to employees, after notifying his presence
on the worksite to managements. The union shall be provided with appropriate
access to employees to promote the benefits of union membership.
27.1.2 Union/Employer
Co-operation.
To facilitate union membership, the IVA will:
a. Provide payroll
deduction services for union fees. Such fees shall be remitted to the union on a
monthly/fortnightly basis with enough information supplied to enable the union
to carry out a reconciliation;
b. Supply all
employees with an application form to join the union at the same time as
employees are provided with their taxation declaration form;
c. Provide the
union with access to talk to all new employees at all induction training. In
this regard the IVA will organise such access for the union in a way which is
conductive to the union being able to give a presentation to as small a group
as practicable;
d. Ensure that all
supervisors are trained in the provisions of enterprise agreement and the
employer’s policy on union membership;
e. Notwithstanding
the above, where an employee indicates they have an objection to joining the
union, the IVA shall advise the union of this within 2 weeks. The union shall
then be provided with appropriate access to this employee to further promote
the benefits of union membership.
27.1.3 Role of the union
delegate
a. For the purpose
of the union conducting their business on a day to day basis, the IVA will
recognise duly elected/appointed union delegates.
b. Union delegates
will be allowed reasonable time during work hours to interview the IVA or the
IVA’s representatives on matters affecting employees.
c. Union delegates
will be allowed reasonable time during working hours to discuss with individual
union members any matters pertaining to their work.
d. Union delegates
will be allowed to meet with their union official(s) to discuss issues, which
may need to be progressed either in the consultative committee or via the
dispute settling procedure. Such meetings whilst in paid time will be
determined following consultation with the employer.
27.1.4 Investigating
Complaints
For the purpose of investigating complaints concerning
the application of this Award, a duly accredited union representative shall be
afforded reasonable facilities for entering an employer’s worksite during
working hours, subject to the following conditions:
a. The
representative discloses to the IVA nominee the complaint which is to be
investigated;
b. The
representative conducts such investigations in the presence of the IVA’s
Nominee;
c. The
representative does not interfere with work proceeding in the workshop or
plant;
d. The representative
conducts themselves properly.
28. Consultative
Committee
28.1 A consultative
committee made up of management and the workplace union representatives shall
meet on a bi-monthly or an as-required basis for the purpose of reviewing the
implementation of this award and other workplace issues which might arise from
time to time.
28.2 Minutes of each
meeting will be kept and made available to the IVA or the union if required.
29. Anti Discrimination
29.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity, age and responsibilities as a carer.
29.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
29.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
29.4 Nothing in this
clause is to be taken to affect:
a. any conduct or
act which is specifically exempted from anti-discrimination legislation;
b. offering or
providing junior rates of pay to persons under 21 years of age;
c. any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
d. a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
29.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
PART B - GENERAL STAFF
1. Terms of Engagement
For the purpose of consistency and clarity, the
provisions under this clause are equivalent to those expressed in Part ‘A’
Clause 8 of this award and, as such, are not repeated.
2. Classifications
2.1 Employees shall
perform all duties required by the IVA within their skill and competence, to
ensure the elimination of demarcation barriers preventing an employee from
performing the whole job. At times, these duties may require an employee to
perform tasks incidental to their normal activities in order to ensure events
are staged in the most cost-efficient manner possible.
2.2 Subject to (2.2)
above, employees engaged by the week shall be advised in writing of their
employment relating to the following classification structure:
2.3 LEVEL 1
2.3.1 Shall be an
employee with no qualifications or relevant industry experience, who performs
duties of a routine nature, requiring the use of minimal judgement and direct
supervision.
Such an employee shall be undertaking either on-the-job
or off-the-job structured training relevant to the enterprises’ needs.
2.3.2 A Level 1 employee
will perform the work of a Level 2 but under direct supervision. The maximum
period of employment for an employee as a Level 1 employee shall be 380 hours.
2.3.3 Provided that an
employee who hasn’t demonstrably reached the standard of performance required
by the IVA justifying progression to Level 2, shall be counselled and provided
the appropriate additional training and be allowed the opportunity to achieve
the standard required for a period of a maximum of four (4) additional weeks,
prior to a further review of their performance. After such additional period
the employment of the individual shall either be terminated or they shall be
reclassified to a higher level or offered an alternative position.
2.4 LEVEL 2
2.4.1 Shall be an
employee who has completed some structured training relevant and/or experience
to the operational needs of the IVA, and who is continuing such training, or
has recognised industry experience appropriate to the IVA’s needs.
2.4.2 A Level 2 employee
shall, in addition to the skills of a Level 1 operative be able to perform a
majority of the following:
i. Assist with
the on-the-job training of Level 1 employees, to a limited degree;
ii. Exercise
intermediate keyboard skills with instructions;
iii. Demonstrated
ability to work from instructions or procedures;
iv. Have a
demonstrated understanding of general office, or box office, or cash control or
staging or stadium procedures;
v. Demonstrated
customer service skills;
vi. Able to work
effectively as a member of a small team under general technical, trade or
administrative supervision;
vii. Demonstrated
knowledge of occupational health and safety requirements relating to the
operation of Public Venues
viii. Knowledge of
safe handling procedures in regards to tools and chemicals
2.4.3 Indicative tasks
for Level 2 shall include but not be limited to:
Events Staff
|
Grounds Building
And
|
Administration
&
|
|
Technical Staff
|
Client Support
|
|
|
|
Usher
|
Labourer
|
General Receptionist
|
|
|
|
Crowd control, which does not
|
Cleaner
|
Basic Clerical duties
|
require a security licence.
|
|
|
|
General Grounds Assistant
|
Maintenance of simple records
|
General Attendant
|
|
|
|
Trades Assistant
|
Basic Client Liaison
|
Ticket Seller
|
|
|
Customer Service Assistant
|
Stage Hand
|
|
Sales Assistant
|
Driver
|
|
|
|
|
2.5 LEVEL 3
2.5.1 Shall be an
employee who has completed structured training and/or experience recognised by
the IVA as relevant and appropriate to perform within the scope of this Level
or has industrial experience appropriate to the IVA’s needs.
2.5.2 An employee at
this Level shall assist with the training and development of staff at Levels 1
and 2.
2.5.3 An employee at
this Level shall exercise discretion within one’s own level of skill and
training, whilst taking responsibility for the quality of one’s own work
(subject to routine supervision). A person at this level shall also be a person
who typically holds a trade or equivalent qualification and/or experience.
2.5.4 Indicative tasks
at this level would include:
Events Staff
|
Grounds Building
|
Administration
&
|
|
Technical Staff
|
Client Support
|
Can perform function of Level 2
|
Can perform function of Level 2
|
Can perform function of
|
|
|
Level 2 but in addition
|
but in addition includes:
|
but in addition includes:
|
includes:
|
|
|
|
Supervisors of Ushers/crowd
|
|
Client Services Officer
|
control
|
Trades - Groundsmen
|
|
|
Trades - Technicians Cleaner
|
Non-qualified
|
|
|
Bookkeeper
|
|
|
Bookings Clerk
|
|
|
Personal Assistant
|
2.6 LEVEL 4
2.6.1 Shall be an
employee who is engaged in supervising, training and co-ordinating staff and
who is responsible for the maintenance of service and operational standards
across a mixed trade team.
2.6.2 Indicative tasks
and competencies for a Level 4 employee would include:
Events Staff
|
Grounds Building
|
Administration
& Client
|
|
Technical Staff
|
Support
|
|
Typical work at
this Level includes:
|
Typical work at
this Level
|
|
|
includes:
|
|
|
|
|
Maintenance Supervisor
|
Book-keeper
|
|
Operations Supervisor
|
|
|
Technical Supervisor
|
|
|
Grounds Keeper
|
|
2.7 Level 5
2.7.1 Shall be an
employee who is a holder of a post trade qualification or technical qualification
relevant to the IVA’s operations or will have worked or studied in a relevant
field and/or have specialist knowledge, qualifications and experience.
2.7.2 A Level 5
employee will be directly responsible to the Executive Management for the operation
and policy development relating to a discreet workforce or site.
2.7.3 Indicative tasks
and competencies for a Level 5 employee would include:
Events Staff
|
Grounds Building
Technical
|
Administration
& Client
|
|
|
Staff
|
Support
|
|
|
|
|
|
|
Typical work at this Level includes:
|
Typical work at this Level includes:
|
|
|
|
|
Operations Coordinator
|
IT/Systems Coordinator
|
|
|
Accounts Officer
|
|
|
|
2.8 Progression to succeeding
levels within the above structure will be dependent on a demonstrated capacity
to perform the functions required and availability of a vacant position.
3. Termination of Employment
3.1 Employment may
be terminated by either the IVA or the employee at any time during the week by
the giving of the following notice (except as provided by subclause (8.3) of
Clause 8 Terms of Engagement of Part A, and subclause (3.6) of this clause:
Period of
Continuous Service
|
Period of Notice
|
Over 1 year and up to the completion of 3 years
|
2 weeks
|
Over 3 years and up to the completion of 5 years
|
3 weeks
|
Over 5 years
|
4 weeks
|
Plus one extra week for employees over 45 years of age with
not less than two years continuous service (except in the case of an employee
giving notice).
3.2 An employee who
fails to give the appropriate notice may have moneys withheld to the equivalent
of the notice period required, and not given.
3.3 The IVA will not
terminate an employee’s employment for reasons related to the employee’s
conduct, performance, malingering or inefficiency, unless the employee has been
given the opportunity to defend himself or herself against the allegations made
or the IVA could not reasonably be expected to give the employee that
opportunity, in accordance with the disciplinary procedure contained in clause
25 of Part A.
3.4 An employee who
has been given notice will be allowed up to one day as time off without loss of
pay (at a time convenient to the IVA) for the purpose of seeking another job.
3.5 Following a
request from the terminated employee, the IVA will provide a written statement
of the period ofemployment and the type of work performed.
3.6 The IVA may
dismiss any employee without notice for neglect of duty or misconduct. In such
case the employee will be paid only up to the time of dismissal.
3.7 The employment
of a casual employee may be terminated by either the IVA or the employee
without the giving of notice. However, the IVA will pay wages for the minimum
period as set out in subclause (8.4) of Clause 8 Part A, Terms of Engagement,
providing the employee works for the remainder of the minimum period if
required to do so.
4. Hours of Work
The ordinary hours of work can be rostered Monday to
Sunday, inclusive, subject to the following:
4.1 Hours of Work
(Permanent Employees)
4.1.1 To suit the needs
of the enterprise, ordinary hours will be worked on a rostered basis over a
fortnightly period with the following limitations;
a. A maximum of 76
ordinary hours will be worked in any one fortnightly period.
b. A maximum of 10
ordinary hours will be worked in any 24 hours period.
4.2 The ordinary
hours will be rostered to give employees four clear days off in 14, and, at
least two lots of consecutive days off in 28.
4.3 Rosters
(Permanent Employees)
4.3.1 Rosters will be
provided at least seven days in advance, unless such changes are mutually
agreed. Roster changes given with less than seven days’ notice will incur a
penalty of 50 per cent of the appropriate skill level rate to be applied to any
shifts worked for which less than seven days’ notice has been given.
4.3.2 If a changed
roster is advised with less than seven days but more than 48 hours’ notice, it
will be obligatory for employees to work the roster. If notice is less than 48
hours it will be optional for the employees to work the roster.
4.4 Rosters (Casual
Employees)
Casuals will be rostered to meet the requirement of the
enterprise. Should a casual be advised of a cancellation or shortening of
roster with less than four (4) hours’ notice they shall be paid for half of the
number of hours rostered originally.
5. Overtime and Time Off in Lieu
5.1 Overtime based
on the payment of time and one half for the first two hours and double time
thereafter for work on other than Public Holiday shall be paid to a weekly
full-time or part-time employee engaged under the provisions of Section A of
Part D, in the following circumstances:
a. For all hours
worked in excess of 10 per shift
b. For all hours
worked in excess of 76 in a fourteen day cycle
5.2 Overtime based
on the payment of time and one half for the first two hours and double time
thereafter for work on other than Public Holiday shall be paid to a casual
employee engaged under the provisions of Section B of Part D, for all hours
worked in excess of 10 per shift.
5.3 An employee who
has worked between midnight and 6:00am (and has commenced work before 5:00 am),
will be provided with a meal by the IVA or be paid the amount as set out in
Item 2 of Table 3 - Other Rates and Allowances, of Part D, Monetary Rates, for
each meal break occurring before finishing time.
5.4 Weekly employees
may take time off in lieu of overtime payments as agreed between the employee
and employer. Such time off shall be shall be taken at the ordinary time rate,
that is an hour for each hour worked.
5.5 Notwithstanding
subclauses 5.1, 5.2 and 5.3of this Clause, employees engaged as annualised
salaried employees shall work hours and rosters to meet the needs of the
business subject to the following:
a. Employees can
work up to 20 hours per twenty eight (28) day cycle in excess of 152 hours
without the payment of overtime or time off in lieu. The number of hours worked
by part-time annualised employees without the payment of overtime or time off
in lieu will be based on their normal working week hours e.g. an employee
working 3/5 of a normal 38 hour working week can work up to 3/5 of 20 hours per
twenty eight (28) day cycle without the payment of overtime or time off in
lieu.
b. All hours
worked in excess of 172 hours per twenty eight (28) day cycle (or pro-rata
hours for part-time annualised employees) shall be accrued as time off in lieu,
at overtime rates, and taken at a time and date agreed between the employer and
the employee
c. ‘Overtime
rates’ in above subclause 5.5 (b) are defined as time and one half (1½) for the
first two hours worked, and double (2) time thereafter, during each shift
worked
d. The calculation
of time ‘worked’ during each twenty eight (28) day cycle includes hours away
from the work place on public holidays, annual leave and sick leave
e. It is agreed by
the parties that the annualised salaried employees shall receive a 10 hour break
between shifts wherever possible
5.6 The employer
shall monitor the hours of work of employees so that no employee works
excessive hours which might contribute to an occupational health and safety
problem for the employee concerned, other staff or patrons of the IVA.
6. Meal Breaks and
Allowances
6.1 Employees who
are required to work through a meal break will be paid at the rate of double
time for the period when the meal break would have been taken.
6.2 All employees will
be allowed a paid refreshment break of ten minutes, to be taken at the place of
work and at a time to suit the needs of the enterprise.
7. First Aid
Allowance
An employee who holds and appropriate first-aid
certificate and who is appointed by the IVA to perform first-aid duties, in
addition to ordinary work, will be paid an allowance per day as set out in Item
3 of Table 3 - Other Rates and Allowances, of Part D, Monetary Rates, in
addition to the wage rate as set out in Table 1 - Rates of Pay, of the said
Part D.
8. Public Holidays
8.1 The days on
which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter
Sunday, Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day,
Boxing Day, Union Picnic Day (being the first Tuesday after Easter) or any
proclaimed days in lieu thereof throughout the State shall be holidays without
deduction from the wages due to any employee for the week in which such holiday
or holidays occur.
Provided that the above mentioned holidays may be substituted
for another day/s off by agreement between the employer and employee(s) to be
taken within one (1) month of the said holiday/s or adjacent to a period of
annual leave.
Part-time employees are entitled to paid absence on a
public holiday only when the public holiday falls on a day that is regularly
worked by the employee (working days as defined in the part-time employee’s
employment agreement). When a public holiday falls on a non-working day, the
part-time employee is not entitled to paid absence.
8.2 Entitlement to
paid absence on the Union Picnic Day shall only apply to weekly and annualised
employees who are members of the Union.
8.3 Any full-time or
part-time employee who is required to work on a public holiday shall be
entitled to either time and one half hours pay for each hour worked as well as
a day off in lieu at a time mutually agreed or double time and one half for
each hour worked on the public holiday. Casual employees shall receive double
time and a half based on the ordinary hourly rate for the appropriate weekly
classification.
8.4 Where the Picnic
Day referred to in subclause (8.2) of this Clause falls on a bump-in, bump-out
or an event day, the employer shall organise an alternative union picnic day at
a time agreeable between management and the workplace union representatives.
9. Uniforms and
Protective Clothing
9.1 Where employees
are required to wear a branded uniform they will provided free of charge.
9.2 Where items of
clothing referred to in sub-clause (9.1) are required to be cleaned and
maintained by the employee the provisions of Part D Table 3, herein, shall
apply.
9.3 The IVA commits
to providing appropriate protective clothing for employees as is deemed
necessary to provide a safe working environment for Trust employees.
9.4 The IVA shall
have the right to determine a dress or uniform code for all employees covered
by this award, which may include a particular style and colour of dress, which is
practical to the working environment, such items shall be provided by the
employee.
9.5 All uniform
items, protective clothing and other tools provided by the IVA shall remain the
property of the IVA and shall, upon demand be returned to the IVA in reasonable
conditions. Upon termination, monies owed to the employee may be withheld until
such time as this sub-clause is complied with by the employee.
10. Multi-Hiring
Employees may be separately engaged as casual employees
(whether they hold weekly positions or not) for duties in a separate section of
the IVA’s operations covered by this award from that in which the employee
engages in their ordinary employment. For the purpose of this clause a
"section" shall mean a discrete work location other than the
employee’s usual work location, or alternatively, may mean a discrete set of
duties other than the employee’s usual duties, provided such duties are not
wholly or substantially performed in the employee’s usual work location, and
shall not apply to work where overtime would normally be performed.
An Operator engaged for stage productions will be
remunerated at the appropriate tech rate for the duration of such engagement.
The arrangements entered into under this clause shall
be mutually agreed and recorded in writing at the time.
PART C - MANAGEMENT STAFF
1. Engagement
Management staff shall be engaged as either permanent
employees or as fixed-term employees for a period of up to three years.
2. Duties and
Responsibilities
2.1 The employee
shall:
a. Satisfactorily
carry out the duties and responsibilities set out in the position description
as provided to the employee upon commencement in that position;
b. take all
necessary steps to meet the Performance Management Plan that will be
established between the General manager and the employee as varied annually;
c. promote the
best interests of the IVA; and
d. perform all
duties imposed by law.
2.2 The employee
will assist the General Manager in the implementation of decisions and policies
of the IVA.
2.3 It is accepted
that the duties and responsibilities set out in the position description may
vary from time to time, by agreement, in writing, between the IVA and the
employee.
2.4 In addition,
notwithstanding subclause 2(a).of this Part, if one of the Management Team
leaves, or the business of the IVA changes significantly, the IVA reserves the
right to vary the duties and responsibilities set out in the position
description following consultation with the employee.
2.5 Employees agree
that employment is subject to a Code of Conduct that is based on a need for
accountable, honest and responsible behaviour.
3. Performance
Review
3.1 The General
Manager of the IVA and the employee shall review the Performance Management
Plan regularly.
3.2 The performance
agreement shall set realistic strategic objectives and performance measures
consistent with the duties and responsibilities set out in the position
description.
3.3 The employee
will take an active role in the preparation of the IVA’s Annual Budget and the
IVA’s Annual Business Plan from which the performance measures will be
considered.
3.4 Performance
shall be monitored and reported formally on a six-monthly basis.
3.5 The General
Manager of the IVA will give the employee appropriate feedback on the standard
of the employee’s performance.
4. Remuneration
4.1 The employee
shall be paid a salary in accordance with the employee’s relevant level, as
detailed in the letter of appointment and the position description, and within
the salary range as set out in Table 2 of Part D Monetary Rates.
4.2 The salary paid
under sub-clause 4(a) is compensation for all hours worked, including work on
public holidays and weekends.
4.3 Superannuation shall
be based on the employee’s salary, excluding the provision of a motor vehicle.
5. Provision of a Vehicle
5.1 An employee may
be provided with a vehicle as part of their employment.
5.2 Where a vehicle
is supplied in accordance with this clause it shall be a fully maintained
vehicle for private use and business use (to a standard agreed and approved by
the IVA), with fuel supplied, except when the employee uses the vehicle when on
leave
5.3 The IVA agrees
to pay any liabilities involved in Fringe Benefits Tax through the provision of
the motor vehicle.
6. Termination
6.1 Where an
employee is to be terminated, the following notice period shall apply.
a. By the employee
giving two (2) months’ notice, with the General Manager authorised to approve a
shorter period (of up to a minimum of one (1) month) with the employee, if
considered essential.
b. By the IVA with
one (1) month notice in writing or by the payment of one (1) month’s pay in
lieu of notice by the IVA, where the employee does not meet the duties and
responsibilities as specified in Clause 2 Duties and Responsibilities of this
Part.
c. By the IVA,
without notice, if the employee commits any act that could entitle the IVA to
summarily dismiss the employee including:
i. any serious or
persistent breach of any conditions of employment
ii. grave
misconduct including dishonesty or fraud in the discharge of the employee’s
duties to the IVA
iii. wilful neglect
or disobedience in the discharge of the employee’s duties to the IVA
iv. conviction of
an offence precluding or inhibiting the further performance of duties under the
employee’s contract.
d. By the IVA if
satisfied that the employee is permanently incapacitated as a consequence of injury
or illness and is unable to continue to perform the duties of the position. A
termination under this clause shall constitute a medical retirement and the IVA
may consider appropriate financial retirement arrangements.
6.2 Upon termination
of employment, the employee shall immediately return all property of the IVA to
the IVA.
6.3 The provisions
of Clause 22 Introduction of Change of Part A and Clause 23 Redundancy of Part
A apply, notwithstanding the provisions of this Clause.
7. Hours of Work
7.1 The employee
acknowledges that this is a senior managerial role and that the hours of work
performed will be such as to meet the needs of the organisation, the duties and
responsibilities and may include evening and weekend activity.
7.2 Employees agree
to devote the whole of their time and attention during working hours, and such
other time as may be deemed reasonably necessary, to the business of the IVA.
8. Confidentially
8.1 Confidentiality
in respect to the IVA’s affairs must be appropriately maintained at all times.
The employee must not use any property, information or knowledge of the IVA in
a manner that would not be in the best interest of the IVA.
8.2 Any intellectual
property invented or created by the employee as a result of his/her employment
under this contract shall remain the property of the IVA, unless agreed in
writing between the parties to this Award.
9. Professional
Indemnity
The IVA will indemnify the employee against any loss or
claim made by a third party or cause of action of any kind arising out of their
employment, provided the employee acted honestly, diligently and in good faith.
10. Resources
The IVA shall ensure that resources and personnel as
identified at the time of appointment or as varied by agreement between the IVA
and the employee, are available to the employee to enable him/her to adequately
perform the duties and responsibilities outlined in the position description.
These resources may include the provision of a mobile
phone.
11. Professional Development
It is agreed that it is the responsibility of the
employee to keep informed of developments in the profession and to develop
professional knowledge and ability in accordance with current management
theories.
Where in pursuance of these aims, the employee is
granted permission by the IVA to attend a conference, seminar, short term study
course or the like, the IVA shall meet all associated costs and shall continue
payment of full salary and benefits to the employee.
12. Expenses
The employee is entitled to be reimbursed those
expenses legitimately and reasonably incurred in conducting and managing the
arrangements of the Venues and a part of the duties outlined in the employee’s
position description.
PART D - MONETARY RATES
Table 1 - General Staff Weekly Rates Of Pay
SECTION A -
PERMANENT EMPLOYEES
1. Weekly rate of
pay for a week not exceeding 38 ordinary hours.
Increases are effective from the beginning of the first
pay period to commence on or after the dates in the column headings
Classification
|
Step
|
Ordinary Weekly
|
Ordinary Weekly
|
Ordinary Weekly
|
|
|
Rate
|
Rate
|
Rate
|
|
|
13 September 2011
|
13 September 2012
|
13 September 2013
|
|
|
+3.25%
|
+3.25%
|
+3.25%
|
|
|
$
|
$
|
$
|
Level 1
|
1
|
684.33
|
706.57
|
729.53
|
Level 2
|
1
|
711.99
|
735.13
|
759.02
|
|
2
|
720.73
|
744.15
|
768.33
|
|
3
|
748.39
|
768.33
|
793.30
|
Level 3
|
1
|
765.87
|
790.76
|
816.46
|
|
2
|
786.25
|
811.80
|
838.18
|
|
3
|
822.65
|
849.39
|
877.00
|
Level 4
|
1
|
835.76
|
862.92
|
890.96
|
|
2
|
866.33
|
894.49
|
923.56
|
|
3
|
902.74
|
932.08
|
962.37
|
|
4
|
1,001.35
|
1,033.89
|
1,067.49
|
|
5
|
1,099.95
|
1,135.70
|
1,172.61
|
Level 5
|
1
|
1,193.94
|
1,232.74
|
1,272.80
|
|
2
|
1,310.42
|
1,353.01
|
1,396.98
|
|
3
|
1,412.35
|
1,458.25
|
1,505.64
|
|
4
|
1,553.57
|
1,604.06
|
1,656.19
|
|
5
|
1,708.93
|
1,764.47
|
1,821.82
|
2. Employees
engaged under Section A1, above shall be paid 1.125 times the appropriate ordinary
hourly rate for each hour, or part thereof, worked between the hours of
midnight and 6am on all days, excepting Public Holidays as described in clause
8 of Part B herein.
SECTION B -
CASUAL EMPLOYEES
1. Casual Hourly Rates
for Employees engaged on all occasions except for Public Holidays.
Increases are effective from the beginning of the first
pay period to commence on or after the dates in the column headings.
|
Step
|
Per Hour
|
Per Hour
|
Per Hour
|
Classification
|
|
13 SEP 2011
|
13 SEP 2012
|
13 SEP 2013
|
|
|
+3.25%
|
+3.25%
|
+3.25%
|
|
|
$
|
$
|
$
|
Level 1
|
1
|
22.52
|
23.25
|
24.01
|
Level 2
|
1
|
23.42
|
24.18
|
24.97
|
|
2
|
23.71
|
24.48
|
25.28
|
|
3
|
24.61
|
25.41
|
26.24
|
Level 3
|
1
|
25.19
|
26.01
|
26.86
|
|
2
|
25.86
|
26.70
|
27.57
|
|
3
|
27.06
|
27.94
|
28.85
|
Level 4
|
1
|
27.50
|
28.40
|
29.32
|
|
2
|
28.50
|
29.43
|
30.39
|
|
3
|
29.69
|
30.65
|
31.65
|
2. Casual employees
engaged under Section B1 above shall be paid the hourly rate at the Steps in
each Level upon the accumulation of ordinary hours worked over time at the
site. The maximum period of employment at Level 1 shall be 380 hours. In the
succeeding Levels 2 through 3;progression to each Step will occur at the
accumulation of 800 hours per Step for all employees, except ushers. Ushers
shall progress to each Step after working 380 hours per Step.
3. Employees
engaged under Section B1, above shall be paid 1.125 times the appropriate
ordinary hourly rate for each hour, or part thereof, worked between the hours
of midnight and 6am on all days, excepting Public Holidays as described in
clause 8 of Part B herein.
SECTION C - JUNIOR
RATES
a. Employees
engaged as weekly employees or as casuals under the provisions of Section A or
Section B, above, who are less than 18 years of age shall be paid according to
the following scale:
Under 17 years of age - 80% of the appropriate rate.
Under 18 years but more than 17 years - 90% in the
appropriate rate.
18 years and older - 100% of the appropriate rate.
b. Provided that
the scale contained in (a) above relates to employees engaged at Levels 1 and
2, performing functions other than cleaning and labouring as defined in clause
2 of Part B, here-in.
SECTION D -
ANNUALISED SALARIED EMPLOYEES
Employees engaged under annualised salary packages for
all incidents or work under this award.
Increases are effective from the beginning of the first pay
period to commence on or after the dates in the column headings
Classification
|
Step
|
Salary per Annum
|
Salary per Annum
|
Salary per Annum
|
|
|
13 September 2011
|
13 September 2012
|
13 September 2013
|
|
|
+3.25%
|
+3.25%
|
+3.25%
|
|
|
$
|
$
|
$
|
Level 1
|
|
|
|
|
Level 2
|
1
|
46,748.12
|
48,267.43
|
49,836.12
|
|
2
|
47,321.72
|
48,859.68
|
50,447.62
|
|
3
|
49,138.10
|
50,735.09
|
52,383.98
|
Level 3
|
1
|
50,285.30
|
51,919.57
|
53,606.96
|
|
2
|
51,623.69
|
53,301.46
|
55,033.76
|
|
3
|
54,013.68
|
55,769.12
|
57,581.62
|
Level 4
|
1
|
54,874.08
|
56,657.49
|
58,498.86
|
|
2
|
56,881.66
|
58,730.31
|
60,639.05
|
|
3
|
59,271.64
|
61,197.97
|
63,186.90
|
|
4
|
65,746.43
|
67,883.19
|
70,089.39
|
|
5
|
72,220.54
|
74,567.70
|
76,991.15
|
Level 5
|
1
|
78,391.53
|
80,939.25
|
83,569.78
|
|
2
|
86,039.48
|
88,835.76
|
91,722.92
|
|
3
|
92,731.45
|
95,745.22
|
98,856.94
|
Table 2 - Management Staff Rates Of Pay
Increases are effective from the beginning of the first
pay period to commence on or after the dates in the column headings.
Level
|
Pay Point
|
13 Sep 2011
|
13 Sep 2012
|
13 Sep 2013
|
|
|
|
|
|
3
|
Maximum
|
158,707.64
|
163,865.64
|
169,191.27
|
|
Minimum
|
128,856.00
|
133,043.82
|
137,367.74
|
2
|
Maximum
|
121,876.30
|
125,837.28
|
129,926.99
|
|
Minimum
|
107,380.00
|
110,869.85
|
114,473.12
|
1
|
Maximum
|
103,729.08
|
107,100.28
|
110,581.04
|
|
|
|
|
|
|
Minimum
|
96,642.00
|
99,782.87
|
103,025.81
|
Table 3 - Other Rates & Allowances
|
|
13 SEP 2011
|
13 SEP 2012
|
13 SEP 2013
|
|
|
|
|
|
|
|
|
|
Allowance
|
Amount
|
Casuals
|
Amount
|
Casuals
|
Amount
|
Casuals
|
|
|
$
|
|
$
|
|
$
|
|
1
|
Laundry
|
14.36
|
1.32
|
14.83
|
1.36
|
15.31
|
1.40
|
|
Allowance
|
Per week
|
Per shift
|
Per week
|
Per shift
|
Per week
|
Per shift
|
|
|
|
|
|
2
|
Meal Allowance
|
10.45
|
10.45
|
10.79
|
10.79
|
11.14
|
11.14
|
|
|
|
|
|
3
|
First Aid
|
2.69
|
2.69
|
2.78
|
2.78
|
2.87
|
2.87
|
|
Allowance
|
Per
|
Per
|
Per
|
Per
|
Per
|
Per
|
|
|
shift
|
shift
|
shift
|
shift
|
shift
|
shift
|
|
|
|
|
|
4
|
Offensive Matter
|
|
|
|
|
|
|
|
Cleaning
|
3.36
|
3.36
|
3.47
|
3.47
|
3.58
|
3.58
|
|
Allowance
|
Per day
|
Per shift
|
Per day
|
Per shift
|
Per day
|
Per shift
|
|
|
|
|
|
|
|
|
|
|
|
|
|
5
|
Leading Hand
|
|
|
|
|
Allowance
|
|
|
|
|
3 to 10
|
33.96
|
1.12
|
35.06
|
1.16
|
36.20
|
1.20
|
|
employees
|
Per week
|
Per hour
|
Per week
|
Per hour
|
Per week
|
Per hour
|
|
|
|
|
|
|
|
|
|
11 to 20
|
42.44
|
1.39
|
43.82
|
1.44
|
45.24
|
1.49
|
|
employees
|
Per week
|
Per hour
|
Per week
|
Per hour
|
Per week
|
Per hour
|
|
|
|
|
|
|
|
|
|
More than 20
|
50.92
|
1.67
|
52.57
|
1.72
|
54.28
|
1.78
|
|
employees
|
Per week
|
Per hour
|
Per week
|
Per hour
|
Per week
|
Per hour
|
|
|
|
|
|
|
|
|
I. TABBAA,
Commissioner
____________________
Printed by
the authority of the Industrial Registrar.