Venues NSW (Ground Staff) Enterprise Award 2024

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Industrial Relations Secretary.

 

(Case No. 450896 of 2024)

 

 

AWARD

 

1.  Arrangement

 

Clause No.        Subject Matter

 

PART A

 

1.         Arrangement

2.         Title

3.         Coverage

4.         Definitions

5.         Intent of the Enterprise Award

6.         Commitment to Improving Productivity, Efficiency and Flexibility

7.         Full-time, Part-time and Casual Employees

8.         Hours of Work

9.         Meal Allowance

10.      Meal Breaks

11.      Excess Hours

12.      Public Holidays

13.      Annual Leave

14.      Sick Leave

15.      Personal/Carers Leave

16.      Bereavement Leave

17.      Income Protection Plan

18.      Induction/Training

19.      Consultative Committee

20.      Workplace Health and Safety

21.      Labour Flexibility

22.      Additional Functions

23.      Supplementary Staff

24.      Working in the Rain

25.      Acting Supervisor

26.      Change Rooms

27.      Tools

28.      Trust Uniform and Personal Identification

29.      Job Representative

30.      Wage Rates

31.      Payment of Wages

32.      Terms of Engagement

33.      Redundancy

34.      No Extra Claims

35.      Long Service Leave

36.      Grievance and Dispute Procedures

37.      Declaration

38.      Provision of Training

39.      Commencement and Duration

40.      Jury Service

41.      Superannuation

42.      Anti-Discrimination

43.      Parental Leave

44.      Leave for Matters Arising from Domestic and

Family Violence

 

PART B

 

Table 1 - Full Time and Part Time Employees

Table 2 - Casual Employees

Table 3 - Apprentices

 

2.  Title

 

This Enterprise Award will be known as the Venues NSW (Ground Staff) Enterprise Award 2024.

 

3.  Coverage

 

3.1      This Enterprise Award will apply to all Ground Staff employed by Venues NSW at any location that is not currently covered by a separate award.

 

3.2      This Enterprise Award will apply to:

 

3.2.1   Venues NSW

 

3.2.2   Employees engaged by Venues NSW who are employed to work primarily at our venues other than those employed in Newcastle and Wollongong who work in the Grounds Department, including apprentices, greenkeepers, mechanics, grounds persons and gardeners; and

 

3.2.3   The Australian Workers’ Union, New South Wales.

 

4.  Definitions

 

4.1      "Enterprise Award" means the Venues NSW (Ground Staff) Enterprise Award 2024.

 

4.2      "Enterprise" means Venues NSW.

 

4.3      "Union" Means the Australian Workers’ Union, New South Wales.

 

4.4      "A Grade C is an employee with recognised industry experience appropriate to the operational needs of Venues NSW and who is undertaking a structured course in Greenkeeping, Sports Turf Management or a Horticultural Certificate, Diploma or other qualification deemed relevant by Venues NSW at an approved registered training organisation.

 

Apprentices who have completed their apprenticeship with Venues NSW will be required to complete one years’ service as a Grade C post qualification completion before progressing to Grade B.

 

4.5      "Grounds Person Grade B" will be an employee holding a Greenkeepers Certificate or Horticultural Certificate or other appropriate trade qualification who has also completed the equivalent of one years’ industry experience post qualification.

 

4.6      "Grounds Person Grade A" will mean:

 

4.6.1   an employee who holds a recognised Tertiary qualification relevant to the operational needs of Venues NSW; or

 

4.6.1   an employee who holds a dual green keepers and horticultural qualifications or equivalent quantification recognised by Venues NSW and who has completed at least one years’ service at the level of a Grade B Grounds Person; or

 

4.6.3   an employee who has completed at least two years’ service as the level of a Grade B Grounds Person.

 

4.7      "Commission" means the Industrial Relations Commission of NSW

 

5.  Intent of the Enterprise Award

 

5.1      This Enterprise Award has been negotiated to provide the vehicle by which the grounds maintenance operations of Venues NSW can be established in an efficient, flexible and productive manner.

 

5.2      Venues NSW, and the employees each recognise that the work methods that were used in the past, may not be consistent with the current needs of the Employer. It is therefore important that change be introduced in a consultative, constructive and managed way in order to secure the future viability of the Employer and hence the long term job security of the Employees together with fair and equitable working conditions.

 

5.3      The parties therefore commit to co-operate in their collective efforts to achieve significant, lasting improvements in productivity, efficiency and flexibility together with fair and equitable working conditions.

 

5.4      The parties anticipate that the Enterprise Award will: Increase job satisfaction and security.

 

Increase the skill levels of all members of the workforce with the implementation of training programs, tailored to meet the requirements of the work programme.

 

Increase efficiency and profitability.

 

Establish a management system that generates informed and democratic input from employees on all work-related issues.

 

Ensure the development of a decisive, committed and responsive decision making structure that resources and supports the contributions of employees to workplace reform.

 

Achieve change and progress through a process of communications, agreement and teamwork.

 

Improves the competitive position of Venues NSW in the market.

 

Protect and enhance the quality of the environment.

 

Realistically ensure and promote equality of employment and will preclude discrimination on the basis of sex, marital status, ethnic background, religious or political beliefs.

 

6.  Commitment to Improving Productivity, Efficiency and Flexibility

 

6.1      The parties to this Enterprise Award are committed to continually developing flexibility over the functions performed by Venues NSW. The flexibility should be consistent with agreed productivity objectives and the removal of artificial demarcation work barriers by agreement, subject to competence and training.

 

6.2      The commitment extends to individual employees performing tasks that, while primarily involving the skills of the employee’s classification, are incidental or peripheral to the primary task and enables the completion of the whole task. Such incidental or peripheral tasks would be carried out giving due consideration to it being safe, legal, sensible and within the employee’s competence.

 

6.3      Employees will be required to perform all duties required by Venues NSW within their skill and competence. This clause is designed to ensure the elimination of demarcation barriers preventing an employee from performing the whole job.

 

6.4      During the term of this Enterprise Award, the parties agree to confer on other productivity improvements.

 

7.  Full-Time, Part-Time and Casual Employees

 

7.1      An employee will be engaged as either a full-time, part-time, or casual employee.

 

7.2      A full-time employee will mean an employee who is engaged to work an average of seventy-six hours in a fortnight.

 

7.3      A part-time employee will mean an employee engaged to work a minimum of six hours per week or a minimum of twelve hours over twenty-eight days (with a minimum of two hours for each engagement). A part-time employee will receive sick leave, annual leave and long service leave on a pro rata basis.

 

7.4      A casual employee will mean an employee who is engaged and paid as such. A casual employee will be paid a 20% casual loading in addition to the full-time hourly rate. The casual rate is set out in Table 2 of Part B of this Enterprise Award. The 20% casual loading contained in this Enterprise Award, is paid in lieu of any entitlement to sick leave, bereavement leave, long service leave and annual leave.

 

7.5      A casual employee will receive a minimum payment of 3 hours for each engagement, to be worked consecutively.

 

8.  Hours of Work

 

8.1      The ordinary hours of work will be an average of seventy-six hours in any fortnight and may be worked on any five days of the week, Monday to Sunday between the hours of 6:00am and 11:30 pm.

 

8.2      Any hours worked between 11:30pm and 6:00am will be paid to the Employees at time and one half.

 

8.3      Employees will be required to work no more than eight ordinary hours on any day.

 

8.4      Unless an agreement is made to the contrary, Employees will receive a minimum break between shifts of ten (10) consecutive hours.

 

8.5      Should an agreement be reached pursuant to clause 8.4 to waive the minimum break between shifts and the Employee commences work prior to receiving a 10 hour break, that Employee will be paid a penalty of time and one half for the hours up to the time when the ten (10) hour break would have been completed.

 

For example, if the Employee finishes work at 12:00am (midnight) and starts his/her next shift at 8:00am, the Employee is entitled to the time and one-half penalty for the first two hours of his/her shift, finishing at 10:00am.

 

8.6      Rosters will be based on ten workdays in any fourteen-day cycle with days off being taken consecutively wherever possible.

 

9.  Meal Allowance

 

A meal allowance will be payable to an employee who works 2 hours or more after their scheduled finishing time.

 

The meal allowance will be paid in accordance with the following table:

 

From the first full pay period on or after 2 November 2024 @3.50%	Rates from the FFPP on or after 2 November 2025 @3.00%	Rates from the FFPP on or after 2 November 2026 @3.00%
$14.33	$14.76	$15.203

 

10.  Meal Breaks

 

10.1    Employees will be entitled to an unpaid meal break of forty-five minutes, which should be taken no more than five hours after commencing duty.

 

10.2    The time of the meal break will be determined by most of the employees concerned and the Employer.

 

10.3    An employee who works for more than four hours will be entitled to a ten-minute paid tea break and will be entitled to a further ten-minute paid tea break where work continues beyond eight hours.

 

10.4    The time of the tea breaks will be determined mutually by most employees concerned and the Employer and may be staggered with meal breaks.

 

11.  Excess Hours

 

11.1    All time in excess of eight hours in any one day or in excess of 76 hours per fortnightly pay cycle will be overtime and will be credited to an ‘overtime bank’. The employee may, with the consent of the employer, take an equivalent number of ordinary hours off as time in lieu.

 

11.2    Employees may only accrue a maximum amount of 76 hours in the ‘overtime bank’ at any given time.

 

11.3    Where the employer deems that the employee can perform no productive work, the employee may be directed to cease work prior to the normal eight hours being completed. The difference in hours between cessation of work and normal eight-hour day will be deducted from the overtime bank.

 

11.4    The employee may not be directed to cease work if it would cause the overtime bank to be more than eight hours in the negative without agreement between the employer and the employee.

 

11.5    The above arrangements have applied from the commencement of the previous Certified Agreement and will continue to apply under this Enterprise Award; any hours outstanding in regard to the overtime bank arising from the previous Enterprise Award will remain unaffected by this provision

 

12.  Public Holidays

 

12.1    The days on which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Kings Birthday, Labour Day, Christmas Day, Boxing Day or any day proclaimed in lieu thereof and other days which may be proclaimed as public holidays for the State will be holidays and no deduction in respect of such holidays will be made from the wages due to any employee for the week in which such holidays or holidays occur.

 

12.2    If an ordinary workday falls on a public holiday and the employees are required to work, then the employees will be paid at single time with 1.5 times the number of hours being credited to the overtime bank.

 

12.3    A full time, part time or fixed term employee, who presents proof of purchase of a ticket to the Union’s Picnic Day function, at least ten (10) calendar days in advance of the event, will be entitled to paid leave to attend the function. The Union will advise management at least three (3) months prior to the event of any change of date to the Picnic, which will otherwise be held on the first Monday in December.

 

13.  Annual Leave

 

13.1    Full time employees will receive annual leave of 5 weeks per annum plus 17.5% annual leave loading, upon the completion of 12 months’ service.

 

13.2    Part time employees will be entitled to four (4) weeks paid annual leave per annum plus 17.5% Annual Leave Loading, upon the completion of twelve months’ service.

 

13.3    The loading referred to in 13.1 above will be paid to all weekly employees as a lump sum either at the beginning of the pay period commencing on or after 1st January each year, or the employee’s annual anniversary employment date or at the termination of their employment as a pro-rata amount.

 

13.4    Leave will only be taken between the months of March and October in any calendar year with the agreement of the Employer.

 

14.  Sick Leave

 

Existing Employees (employed as at 27 October 2004)

 

14.1    A weekly employee who has been employed for less than five years will be entitled to 10 days’ sick leave per annum.

 

A weekly employee who has been employed for more than five years will be entitled to 20 days’ sick leave per annum during the sixth and subsequent years of service.

 

New Employees (engaged after 27 October 2004)

 

14.2    A weekly employee who has been employed for less than five years will be entitled to 10 days’ sick leave per annum.

 

A weekly employee who has been employed for more than five-years will be entitled to 15 days’ sick leave per annum during the sixth and subsequent years of service.

 

14.3    Such sick leave will be cumulative.

 

14.4    Part-time employees will receive sick leave on a proportionate basis.

 

14.5    An employee will not be entitled to sick leave where payments are being made to such employee under the Workers’ Compensation Insurance or pursuant to the Sickness and Accident Income Protection Plan as provided for in clause 17 of this Enterprise Award.

 

14.6    Where an employee is ill or incapacitated within the meaning of the Clause, on a rostered day off or shift off, he/she will not be entitled to sick pay on that day nor will his/her sick leave entitlement be reduced as a result of such illness or incapacity.

 

14.7    Where an employee is absent for more than one consecutive day, or more than five single days in a year, the employee may be required to provide Venues NSW with satisfactory evidence i.e., doctors certificate or statutory declaration, stating the nature of the illness and the duration of the absence

 

15.  Personal/Carers Leave

 

(a)       Use of Sick Leave

 

(i)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (iii), who needs the employee’s care and support, will be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement,

 

provided for in clause 14, Sick Leave, 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.

 

(ii)       The employee will, if required, establish either 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.

 

(iii)     The entitlement to use sick leave in accordance with this subclause is subject to:

 

(1)       The employee being responsible for the care of the person concerned; and

 

(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 stepchild, a foster child or an ex nuptial child), parent (including a foster parent or 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 purposes of this subparagraph:

 

1.         "relative" means a person related by blood, marriage or affinity;

 

2.         "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

3.         "household" means a family group living in the same domestic dwelling.

 

(iv)      An employee will, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and the person’s 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 will notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

(b)       Unpaid Leave for Family Leave

 

(i)        An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (2) of paragraph (iii) of subclause (a) who is ill.

 

(c)       Annual Leave

 

(i)        An employee may elect with the consent of the Employer, subject to the Annual Holidays Act 1944 (NSW), 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.

 

(ii)       Access to annual leave, as prescribed in paragraph (a) of this subclause, will be exclusive of any shutdown period provided for elsewhere under this Enterprise Award.

 

(iii)     An employee and Employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(d)       Time Off in Lieu of Payment of Overtime

 

See Clause 11 of This Enterprise Award.

 

(e)       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 ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Enterprise Award, at the ordinary rate of pay.

 

16.  Bereavement Leave

 

16.1    A full-time or part-time employee will be entitled to a maximum of three days leave without loss of pay on each occasion and on the production of satisfactory evidence of death within Australia of a member of the employee’s family or household (as defined in paragraph 15(a)(iii)(2) of clause 15, Personal/Carers Leave).

 

16.2    Bereavement leave may be taken in conjunction with other leave available under subclauses 1, 2, 3, 4 and 5 of Clause 15, Personal/Carers Leave.

 

Where such other available leave is to be taken in conjunction with bereavement leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the Employer.

 

17.  Income Protection Plan

 

All full-time, part-time and casual employees to whom this Enterprise Award applies will be covered by the Sickness and Accident Income Protection Plan approved and endorsed by the Union.

 

It is a term of this Enterprise Award that the Employer will bear the costs of 1.27 per cent (inclusive of GST) of gross weekly pay per week per member, or $1.50 per week in the case of casual employees, towards providing protection under the endorsed plan.

 

18.  Induction/Training

 

18.1    All new employees of Venues NSW will attend an Induction course. The purpose of the Induction is to ensure each new employee is familiar with the Company’s operations, methods of work and to ensure that they are clearly instructed in and fully understand Venues NSW’s expectations of them in regard to Safety, Quality, Work Performance, Flexibility and Attitude.

 

18.2    The induction will include information of the following:

 

Scope, purpose and general briefing on the Contract.

 

Familiarisation with, and adherence to, the terms of Employment continued within the Agreement governing each employee’s contract of employment.

 

Adherence to Legislative, Site and Employer safety standards and requirements.

 

Co-operative objectives regarding goals that Venues NSW has while carrying out the Contract.

 

Specific reference to the application of the Avoidance of Disputes - Grievance Procedure and Continuous Operations clauses.

 

Outline of House Rules, including disciplinary procedures.

 

19.  Consultative Committee

 

19.1    Composition of Consultative Committee

 

19.1.1 A Consultative Committee will continue to assist management in the implementation of initiatives consistent with the intent of the Enterprise Award.

 

19.1.2 The Consultative Committee will consist of two representatives of the workforce and two representatives of management, who will meet every second month.

 

19.2    Scope of Tasks of the Consultative Committee

 

19.2.1 The task to be undertaken by the Consultative Committee will be broad and will be in the best interests of the quality and task execution for the Employer, consistent with this Enterprise Award. The tasks to be undertaken will include, but will not necessarily be limited to the following:

 

Oversee the Training Program content and evaluation criteria to suit the requirements of Venues NSW for the maintenance servicing of Venues NSW assets.

 

Facilitate the resolution of difficulties and problems which may arise. Contribute to the development of work rosters.

 

Create feasible work methods to enhance productivity and efficiency.

 

Develop concepts for productivity and efficiency improvements for the Employer. Develop an open, participative and co-operative management approach.

 

Promote team-based work methods.

 

Assist with communication, participative and training programmes to bring about attitudinal and cultural change.

 

Ensure propagation of experience, knowledge and skills at all levels.

 

20.  Workplace Health and Safety

 

20.1    Scope

 

20.1.1 Consistent with Venues NSW obligations under the relevant Workplace Health and Safety legislation, employees may be required to attend a duly qualified medical practitioner for examination at Venues NSW expense prior to commencement of employment with Venues NSW.

 

20.1.2 Giving due consideration to each employee’s work scope Venues NSW may require employees to be immunised against infectious diseases, where they are at risk.

 

20.1.3 Venues NSW will comply with all the provisions of the Workplace Health and Safety legislation of NSW which includes the provision of personal protective equipment for employees when utilising hazardous chemicals or working with noxious materials or in such conditions.

 

20.2    Workplace Health and Safety Committee

 

20.2.1 A Workplace Health and Safety Committee has been established pursuant to the relevant provisions of the Work Health and Safety Act 2011. This Committee will endeavour to reach consensus on all aspects of Venues NSW Workplace Health and Safety Policy. The Workplace Health and Safety Committee may be separate and distinct from the Consultative Committee and will not deal with matters of an Industrial Relations nature.

 

21.  Labour Flexibility

 

Employees will carry out such tasks as are reasonably incidental or peripheral to their work as directed by the Employer.

 

22.  Additional Functions

 

22.1    Employees may be required to assist tradespeople and perform other permanent functions associated with the maintenance and running of the Sydney Cricket Ground, the Sydney Football Stadium and any other facility under the care, management or control of Venues NSW.

 

22.2    Notwithstanding the provisions of 22.1, employees will be primarily engaged within their trade classification.

 

23.  Supplementary Staff

 

Supplementary staff may be used to perform the duties of placing and removing the covers, goal post pads, operating the sightscreens and other duties.

 

24.  Working in the Rain

 

All employees called upon to work in the rain will be supplied, by the Employer, with protective clothing, free of charge.

 

25.  Acting Supervisor

 

An employee appointed by the Employer to undertake the role of Acting Supervisor on any event day or for a minimum of five consecutive shifts will be paid an additional 15% of their ordinary rate of pay for all hours worked in that capacity.

 

26.  Change Rooms

 

The Employer will provide a change room for the use of employees, free of charge. Such rooms will be equipped with hot and cold showers and will be fitted with individual locker accommodation.

 

27.  Tools

 

An employee will apply due diligence towards the care of tools and equipment supplied by Venues NSW. An employee will as soon as possible report any lost or damaged tools on the appropriate report form. Periodic checks will be made by stores personnel of the tools and equipment issued.

 

28.  Venues NSW Uniform and Personal Identification

 

28.1    Employee’s must always maintain a neat appearance consistent with operational requirements.

 

28.2    Personal Identification

 

28.2.1 Due to the requirement to liaise with members of the public and visitors, all employees will be issued with a personal identity card which will include the employees name and photograph.

 

28.2.2 This card must be produced while on duty if required and must be returned to Venues NSW when the employee ceases to be employed by Venues NSW for any reason.

 

29.  Job Representative

 

29.1    A job representative appointed by the employees will be allowed the necessary time during working hours, to discuss with their manager matters affecting the employees they are representing.

 

29.2    The Australian Workers’ Union job delegates will be allowed up to five days paid leave per year to attend approved courses run by the Union.

 

30.  Wage Rates

 

30.1    This Enterprise Award provides the following increases to hourly rates of pay:

 

3.50% from the first full pay period on or after 2 November 2024

 

3.00% from the first full pay period on or after 2 November 2025

 

3.00% from the first full pay period on or after 2 November 2026

 

30.2    Full time and part-time employees employed in the classifications set out in Clause 4 will be paid the appropriate rate of pay as set out in Column One of Table 1 of Part B.

 

30.3    Casual employees employed in the classifications set out in Clause 4 will be paid the appropriate rate of pay as set out in Column One of Table 2 of Part B.

 

30.4    Apprentices employed in the classifications set out in Clause 4 will be paid the appropriate rate of pay as set out in Column One of Table 3 of Part B.

 

31.  Payment of Wages

 

31.1    Wages will be paid on a fixed day no later than the Thursday of each fortnight. Employees will be paid during ordinary working hours by Electronic Funds Transfer to their nominated bank account.

 

31.2    Any employee who has to wait after ordinary ceasing time on pay day to receive their wages will be rendered assistance until such wages are paid into the nominated bank account.

 

32.  Terms of Engagement

 

Full-time and part-time employees will be engaged by the fortnight and their engagement will be terminated by four weeks’ notice on either side given at any time during the fortnight or by the payment or forfeiture, as the case may be, of four week’s wages in lieu thereof: Provided that this will not affect the right of the Employer to dismiss any employee without notice for misconduct or to deduct payment for time lost by any employee who fails to attend for duty without leave to be absent for actual time of non-attendance.

 

33.  Redundancy

 

(i)        Application

 

(a)       This clause will apply in respect of full time and part time employees.

 

(b)       This clause will only apply to the Employer if it employs 15 or more employees immediately prior to the termination of employment of employees

 

(c)       Notwithstanding anything contained elsewhere in this Enterprise Award, this clause will not apply to employees with less than one year's continuous service and the general obligation on the Employer will be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate for the employees suitable alternative employment.

 

(d)       Notwithstanding anything contained elsewhere in this Enterprise Award, this clause will not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(ii)      Introduction of Change

 

(a)       Where the Employer 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 Employer will notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(b)       'Significant effects' include termination of employment, major changes in the composition, operation or size of the Employer’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion 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.

 

Provided that where this Enterprise Award makes provision for alteration of any of the matters referred to herein, an alteration will be deemed not to have significant effect.

 

(iii)     Employers Duty to Discuss Change

 

(a)       The Employer will discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause (ii) of this clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and will give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(b)       The discussion will commence as early as practicable after a definite decision has been made by the Employer to make the changes referred to in subclause (ii) of this clause.

 

(c)       For the purpose of such discussion, the Employer will provide to the employees concerned and the union to which they belong 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 provided that the Employer will not be required to disclose confidential information the disclosure of which would adversely affect the Employer.

 

(iv)     Discussions Before Terminations

 

(a)       Where the Employer has made a definite decision that the Employer no longer wishes the job the employee has been doing done by anyone pursuant to paragraph (a) of subclause (ii), of this clause and that decision may lead to the termination of employment, the Employer will hold discussions with the employees directly affected and with the union to which they belong.

 

(b)       The discussions will take place as soon as is practicable after the Employer has made a definite decision which will invoke the provision of paragraph (a) of this subclause and will cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

 

(c)       For the purposes of the discussion the Employer will, as soon as practicable, provide to the employees concerned and the union to which they belong, 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. Provided that the Employer will not be required to disclose confidential information the disclosure of which would adversely affect the Employer.

 

(v)       Notice for Changes in Production, Program, Organisation Or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the Employer for reasons arising from 'production', 'program', 'organisation' or 'structure' in accordance with paragraph (a) of subclause (ii) of this clause.

 

(a)       In order to terminate the employment of an employee the Employer will give to the employee the following notice:

 

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

(b)       In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, will be entitled to an additional week's notice.

 

(c)       Payment in lieu of the notice above will be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(vi)     Notice for Technological Change

 

This subclause sets out the notice provisions to be applied to terminations by the Employer for reasons arising from 'technology' in accordance with paragraph (a) of subclause (ii) of this clause:

 

(a)       In order to terminate the employment of an employee the Employer will give to the employee 3 months’ notice of termination.

 

(b)       Payment in lieu of the notice above will be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(c)       The period of notice required by this subclause to be given will be deemed to be service with the Employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(vii)    Time Off During the Notice Period

 

(a)       During the period of notice of termination given by the Employer an employee will be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

 

(b)       If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee will, at the request of the Employer, be required to produce proof of attendance at an interview or the employee will not receive payment for the time absent.

 

(viii)   Employee Leaving During the Notice Period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee will be entitled to the same benefits and payments under this clause had the employee remained with the Employer until the expiry of such notice. Provided that in such circumstances the employee will not be entitled to payment in lieu of notice.

 

(ix)     Statement of Employment

 

The Employer will, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

(x)       Centrelink Separation Certificate

 

The Employer will, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an 'Employment Separation Certificate' in the form required by Centrelink.

 

(xi)     Transfer to Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii), of this clause, the employee will be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the Employer may at the Employer's option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

 

(xii)    Severance Pay

 

Where the employment of an employee is to be terminated pursuant to subclause (v) of this clause, subject to further order of the Industrial Relations Commission, the Employer will pay the following severance pay in respect of a continuous period of service:

 

(a)       If an employee is under 45 years of age, the Employer will pay in accordance with the following scale:

 

Years of Service	Under 45 Years of Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

(b)       Where an employee is 45 years old or over, the entitlement will be in accordance with the following scale:

 

Years of Service	45 Years of Age &Over Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

Week’s Pay means the all-purpose rate of pay for the employee concerned at the date of termination, and will include, in addition to the ordinary rate of pay, over Enterprise Award payments, shift penalties and all-purpose allowances paid in accordance with the Enterprise Award.

 

(xii)    Incapacity to Pay

 

Subject to an application by the Employer and further order of the Industrial Relations Commission, an Employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause

 

of this clause.

 

The Industrial Relations Commission will have regard to such financial and other resources of the Employer concerned as the Industrial Relations Commission thinks relevant, and the probable effect of paying the amount of severance pay in subclause (xiii) of this clause will have on the Employer.

 

(xiii)   Alternative Employment

 

Subject to an application by the Employer and further order of the Industrial Relations Commission, the Employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xiii) of this clause if the Employer obtains acceptable alternative employment for an employee.

 

(xiv)   Procedures Relating to Grievances

 

Grievances relating to individual employees will be dealt with in accordance with clause 36, Grievance and Disputes Procedure' of this Enterprise Award.

 

34.  No Extra Claims

 

34.1    The Industrial Relations Commission recognises that the parties have provided an undertaking that other than as provided for in the Industrial Relations Act 1996, there will be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to the nominal expiry of the Award unilaterally made by a party to this Award unless otherwise agreed by the parties.

 

34.2    This undertaking does not prevent the Parties from continuing collaborative discussions during the life of the Award to deliver additional enhancements to remuneration and/or conditions of employment, and to achieve additional industry wide and systemic efficiencies and productivity improvements to the delivery of Government services to the public. Changes to conditions or salaries may be jointly progressed and, if agreed, an application to vary the Award may be made by consent prior to the nominal expiry of the Award.

 

35.  Long Service Leave

 

See Long Service Leave Act 1955 (NSW).

 

36.  Grievance and Dispute Procedures

 

The procedure for the resolution of industrial disputation will as follows:

 

36.1    The aim of this procedure is to ensure that during the life of this Enterprise Award, industrial grievances or disputes are prevented or resolved as quickly as possible, at the lowest level possible in the workplace. When a dispute or grievance arises or is considered likely to occur, the following steps will be followed:

 

36.1.1 The matter is discussed between the staff member(s) and the supervisor involved. If the matter is not resolved, then:

 

36.1.2 The employee may be required to provide in writing the substance of the grievance and state the remedy sought.

 

36.1.3 The matter is then discussed between the staff member(s), the supervisor and the manager. If the matter remains unresolved, then:

 

36.1.4 The matter is discussed between the staff member(s), the union delegate or staff member(s) representative and the supervisor and/or Manager. If the matter remains unresolved, then:

 

36.1.5 The matter is discussed between senior representatives of the organisation and the relevant union and/or staff member(s) representative.

 

36.2    Each of the following steps will be followed within a reasonable time frame, allowing sufficient time for discussions at each level of authority and having regard to the nature of the grievance or dispute.

 

36.3    If the matter remains unresolved, then, it may be referred by either party to the Industrial Relations Commission of New South Wales to exercise its functions under the Industrial Relations Act 1996. The parties agree to exhaust the conciliation process before considering this step.

 

36.4    At any stage of this procedure, the employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees.

 

36.5    It is agreed that the parties will not deliberately frustrate or delay these procedures.

 

36.6    Normal work will continue without disruption while these procedures are followed.

 

37.  Declaration

 

The parties declare that this Enterprise Award:

 

37.1    Is not contrary to the public interest;

 

37.2    Was not entered into under duress;

 

37.3    Is not unfair, harsh or unconscionable;

 

37.4    Is in the interests of the parties.

 

38.  Provision of Training

 

38.1    Venues NSW will provide a Grounds Person Grade C where possible with one full day’s paid attendance at an approved course, each week, with flexibility being provided to accommodate the exam timetable. A Ground Person Grade C will be required to meet all costs associated with the agreed training courses.

 

38.2    Venues NSW will assist a Grounds Person Grade A to attend appropriate training courses through the provision of flexible rostering. A Grounds Person Grade A will not be entitled to paid time to attend an appropriate training course (s) nor will they be entitled to have their expenses associated with the training course paid for by Venues NSW..

 

38.3    Venues NSW will assist a Grounds Person Grade B or A with greater than 2 years of service to take extended leave which will be approved at the discretion of Venues NSW to attend international venues approved by Venues NSW for the purposes of employee development. A Grounds Person Grade A will, where possible use annual leave or long service leave entitlements where appropriate and can extend the leave period with unpaid leave for a maximum period of ten weeks.

 

Extended leave will only be approved during non-peak periods and when an adequate level of service within the Grounds department can be maintained with existing levels of staff.

 

Continuity of service will continue for the duration of unpaid leave providing this total amount of absence does not exceed 10 weeks.

 

Grounds employees will not be entitled to have their expenses associated with the travel to similar venues paid for by Venues NSW.

 

39.  Commencement and Duration

 

This Enterprise Award will operate from 2 November 2024 and remain in force for a nominal term of 3 years. It rescinds and replaces the Venues NSW (Ground Staff) Enterprise Award 2022 published 20 January 2023 (393 I.G. 1454) and all variations thereof.

 

40.  Jury Service

 

40.1    A full time employee required to attend for jury service during ordinary working hours will be reimbursed by Venues NSW an amount equal to the difference between the amount paid in respect of jury duty attendance for jury service and the amount of wage that would have been received in respect of the ordinary time they would have worked had they not been on jury service.

 

40.2    An employee will notify their employer as soon as practicable of the date upon which they are required to attend for jury service and will provide the employer with proof of attendance, the duration of attendance, and the amount received in respect thereof.

 

41.  Superannuation

 

41.1    The subject of superannuation legislation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints Act 1993 (Cth), and s124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

42.  Anti-Discrimination

 

42.1    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 (NSW), to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identify, age and responsibilities as a carer.

 

42.2    Accordingly, in fulfilling their obligations under the dispute resolution procedures, the parties must take all reasonable steps to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

 

42.3    Under the Anti-Discrimination Act 1977 (NSW), 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.

 

42.4    Nothing in this clause is to be taken to affect:

 

42.4.1 any conduct or act which is specially exempted from anti-discrimination legislation;

 

42.4.2 offering or providing junior rates of pay to person under 21 years of age;

 

42.4.3 any act or practice of body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977 (NSW)

 

42.4.4 a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

42.5    This clause does not create legal rights or obligations in addition to those imposed upon by the parties by the legislation referred to in this clause.

 

NOTES:

 

(a)       Employers and employees may also be subject to Commonwealth Anti-Discrimination legislation

 

(b)       Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion."

 

43.  Parental Leave

 

The following table summarises the entitlements in this section. This table must be read with the relevant clauses. If there are inconsistencies, the provisions in the relevant clause will prevail.

 

Summary of parental leave provisions

 

Leave	Paid leave	Unpaid leave	Total leave
Parental Leave	14 weeks for a parent with caring responsibility associated with the birth, adoption, altruistic surrogacy or ongoing placement arrangement of a child	38 weeks	52 weeks
Bonus Paid Parental Leave	2 weeks for single parents or when both parents have taken any Paid Parental Leave offered by their employers		2 weeks
Special Pre-Term Birth Leave	From birth to the end of 36 weeks’ gestation for the parent with the caring responsibility of a child born before 37 weeks, then revert to full- term parental leave provisions		From birth to the end of 36 weeks
Leave for a Stillbirth (the birth of a baby without signs of life, at 20 or more completed weeks or where a child dies shortly after birth)	14 weeks for the employee who gave birth   2 weeks for an employee whose partner gave birth		14 weeks for the employee who gave birth   2 weeks for an employee whose partner gave birth
Requests to extend leave or return part time		52 weeks	52 weeks

 

43.1    Definitions

 

43.1.1 For the purpose of this clause:

 

(a)       “Altruistic Surrogacy” means a surrogacy arrangement as defined in the Surrogacy Act 2010 (NSW) and must not be a commercial surrogacy arrangement.

 

(b)       “De facto partner” means a person who is the employee’s partner and lives with them on a genuine domestic basis but is not legally married to the employee.

 

(c)       “Caring responsibility” means a person who meets the child’s physical needs, including feeding, dressing, bathing and otherwise supervising the child.

 

(d)       “Child” means:

 

(i)        For birth-related leave, a child (or children from a multiple birth) of the employee, employee’s partner or employee’s legal surrogate.

 

(ii)      For adoption-related leave, a child (or children) who the employee or the employee’s partner will adopt and is not the employee or employee’s partner’s child. The child (or children) is or will be under 18 years of age.

 

(iii)     For ongoing placement arrangement-related leave, a child (or children) under 18 years, placed in the permanent care of the employee or the employee’s partner.

 

(e)       “Confirmation of placement letter” means a letter from the Department of Communities and Justice (DCJ) or their accredited designated agency that:

 

(i)        confirms the employee is an authorised foster carer or relative/kinship carer who is or will be providing continuous care on an ongoing basis for a child or young person who is subject to a legal order allocating parental responsibility to the Minister; or

 

(ii)      confirms the employee is an authorised relative/kinship carer, authorised foster carer or other suitable person who is or will be providing continuous care on an ongoing basis for a child or young person for whom they hold parental responsibility under a legal order, including a guardianship order; and

 

(iii)     confirms the start date of the placement.

 

(f)       Fertility treatment” means any of the following assisted reproductive technology treatments as defined in the Assisted Reproductive Technology Act 2007 (NSW) including but not limited to:

 

(i)        intrauterine insemination (IUI)

 

(ii)      in-vitro fertilisation (IVF)

 

(iii)     intracytoplasmic sperm injection (ICSI)

 

(iv)     Ovulation induction (OI).

 

(g)       “Full-term birth” means the birth of a live child from 37 weeks.

 

(h)       “Legal order” means an order made by the Children’s Court of NSW under the Children and Young Persons (Care and Protection) Act 1998 (NSW) including:

 

(i)        Parental Responsibility to the Minister (PRM), Relative/Kin (PRR) or Non-Relative (PNR) Interim Orders;

 

(ii)      Short Term Court Order (STCO) allocating parental responsibility to the Minister, Relative/Kin or Non- Relative for a period of at least 12 months;

 

(iii)     Parental Responsibility to the Minister (PRM), Relative/Kin (PRR) or Non-Relative (PNR) Long Term Care to 18 years Final Order; or

 

(iv)     Guardianship Order.

 

For the purposes of this definition, a legal order made by the Federal Circuit and Family Court of Australia under the Family Law Act 1943 (Cth) includes a final order allocating parental responsibility to relative/kin or suitable person to 18 years provided that the Department of Communities and Justice intervened as a party to the proceedings and the employee is an authorised carer eligible for the out-of- home care carer allowance.

 

(i)        “Legal surrogate” means the birth mother in a surrogacy arrangement as defined in the Surrogacy Act 2010 (NSW).

 

(j)        “Miscarriage” means a pregnancy that ceases before 20 weeks or where the number of weeks is unknown, or the baby weighed less than 400g.

 

(k)       “Ongoing placement arrangement” means the placement of a child or young person who is subject to a legal order of the Children’s Court of NSW or Federal Circuit and Family Court of Australia with an authorised foster carer, authorised relative/kinship carer or suitable person on an ongoing basis. Ongoing placements do not include informal arrangements or emergency, respite care or short-term care with a specified end date.

 

(l)        “Partner” means a spouse, de facto partner, former spouse or former de facto partner.

 

(m)      “Pre-term birth” means the birth of a live child before 37 weeks.

 

(n)       “Stillbirth” means the birth of a baby without signs of life, at 20 or more completed weeks or where a child dies shortly after birth.

 

43.2    Paid Parental Leave

 

43.2.1             Employees are entitled to up to 14 weeks Paid Parental Leave if:

 

(a)       they have or will have completed at least 40 weeks continuous service at the expected date of birth, adoption, altruistic surrogacy or ongoing placement, and

 

(b)       they have or will have caring responsibility for the child (or children), or

 

(c)       the employee is a legal surrogate and has or will have completed at least 40 weeks continuous service at the expected date of birth.

 

43.2.2             Paid Parental Leave must be taken within 24 months of the date of birth, adoption or altruistic surrogacy or ongoing placement.

 

43.2.3             Pregnant employees may start Paid Parental Leave up to 9 weeks before their expected date of birth.

 

43.2.4             Employees who are eligible for paid parental leave in accordance with clause 43.2.1 are entitled to an additional two weeks of Bonus Paid Parental Leave where both parents have exhausted any paid parental leave offered by their employer.

 

43.2.5             Employees who are single parents or whose partners do not have access to employer paid parental leave will be eligible for the full two weeks of bonus paid parental leave.

 

43.2.6             An employee is entitled to Bonus Paid Parental Leave, where it can be demonstrated that their partner:

 

(a)       has or will have exhausted the paid parental leave provided by their employer, or

 

(b)       has no access to employer paid parental leave.

 

43.2.7             A maximum of two employees (if both are working in the NSW Government Sector) can access Paid Parental Leave under this clause per birth, adoption, altruistic surrogacy or ongoing placement arrangement except in the event of an altruistic surrogacy where three employees (two intended parents) and one surrogate are all employed in the NSW Government Sector) will be entitled to access Paid Parental Leave.

 

43.2.8             Where an employee takes paid parental leave in respect of an ongoing placement arrangement and later adopts, becomes the legal guardian or cares for the child (or children) or young person/s under a different legal order, the employee is not entitled to access a further period of paid parental leave in connection with the adoption, guardianship order or other legal order of the same child (or children).

 

43.2.9 In the event that an ongoing placement arrangement ceases, and the employee no longer has responsibility for the care of the child/children, the employee must notify the employer as soon as practicable. At the cessation of an ongoing placement, the remaining period of paid parental leave ceases. The employer and employee should discuss alternative leave arrangements and/or a return-to- work date.

 

43.3    Unpaid Parental Leave

 

43.3.1             In addition, an employee is entitled to unpaid parental leave where:

 

(a)       the employee, their partner or their legal surrogate gives birth; or the employee or their partner adopts; or the employee or their partner have a child placed in the care of the employee or their partner as part of an ongoing placement arrangement, and

 

(b)       the employee has or will have responsibility for the care of the child that is born, adopted or placed in an ongoing placement arrangement, or

 

(c)       the employee is a legal surrogate who gives birth.

 

43.3.2             Subject to this clause the employee shall be entitled to be granted unpaid parental leave as follows:

 

(a)       For a pregnant employee, a period up to 9 weeks prior to the expected date of birth; and

 

(b)       For all eligible employees, a further period of up to 12 months after the actual date of birth.

 

43.3.3             An employee on parental leave does not have to return to work to access a further period of parental leave.

 

43.3.4             Where an employee combines paid and unpaid parental leave, the total period of parental leave taken cannot exceed 12 months except where an employee has applied to extend their period of unpaid parental leave under clause 43.13.

 

43.4    Calculation of Paid Parental Leave

 

43.4.1             Paid Parental Leave including bonus parental leave is calculated at the employee’s ordinary rate of pay at the time they take leave.

 

43.4.2             Paid Parental Leave may be paid:

 

(a)       in advance as a lump sum;

 

(b)       fortnightly as normal;

 

(c)       fortnightly at half pay; or

 

(d)       as a combination of full and half pay.

 

43.4.3A full-time employee who is on part-time leave without pay when they start parental leave is paid:

 

(a)       at the full-time rate if they began part-time leave 40 weeks or less before starting parental leave; or

 

(b)       at the part-time rate if they began part-time leave more than 40 weeks before starting parental leave and have not changed their part-time work arrangements during the 40 weeks; or

 

(c)       at the rate based on the average number of weekly hours worked during the 40-week period if they have been on part-time leave for more than 40 weeks but have changed their part-time work arrangements during that period.

 

43.4.4             An employee who commences a subsequent period of parental leave for another child within 24 months of commencing an initial period of parental leave will be paid:

 

(a)       at the full-time or part-time rate, they received before starting the initial leave if they have not returned to work; or

 

(b)       at a rate based on the hours worked before they took the initial leave if they have returned to work and reduced their hours during the 24-month period; or

 

(c)       at a rate based on the hours worked before the subsequent period of leave if they have returned to work and not reduced their hours.

 

43.5    Concurrency of Paid Parental Leave

 

43.5.1             Employees can take all Paid Parental Leave concurrently except in circumstances where both parents are employed at the same workplace and operational requirements may prevent concurrent leave. In these instances, employees may take up to four weeks Paid Parental Leave concurrently with their partner. Employees may request to take more than four weeks Paid Parental Leave concurrently with their partner in accordance with clause 43.6.

 

43.6    Flexibility for taking Paid Parental Leave

 

43.6.1             An employee may request to use their Paid Parental Leave entitlement in ways other than a single continuous period. The Department Head will consider this request based on operational requirements and the employee’s personal and family circumstances.

 

43.6.2             Employees in the same NSW Government Sector workplace may also request to take more than four weeks of parental leave concurrently.

 

43.6.3             The Department Head may refuse a request on reasonable grounds based on the effect on the Department’s workplace including but not limited to:

 

(a)       that the new working arrangements requested would be too costly for the Department;

 

(b)       that there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;

 

(c)       that it would be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the new working arrangements requested;

 

(d)       that the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity; or

 

(e)       that the new working arrangements requested would be likely to have a significant negative impact on customer service.

 

43.6.4             The Department Head will consider and respond to the request in writing within 21 days.

 

43.6.5             If the Department Head agrees to the employee’s request to use their Paid Parental Leave entitlement in ways other than a single continuous period, the leave period must not extend beyond 24 months of the date of birth, adoption, altruistic surrogacy or ongoing placement of the child. Any public holidays that fall during the leave will not extend the period of leave.

 

43.7    Other accrued leave in conjunction with parental leave

 

43.7.1             An employee may take available recreation leave or extended leave during the parental leave period as long as it does not extend the total period of parental leave.

 

43.7.2             An employee may take available recreation leave at half pay with parental leave provided that:

 

(a)       recreation leave at half pay is taken within the period of parental leave;

 

(b)       the total period of parental leave is not extended beyond 24 months by the taking of recreation leave at half pay;

 

(c)       the half-pay leave is converted to the full-time equivalent and treated as such for the purpose of accruing further recreation, extended and other leave at the full-time rate.

 

43.8    Pregnancy related illness and alternative duties

 

43.8.1             A pregnant employee who is sick during their pregnancy may take available paid sick leave, accrued recreation or extended leave, or sick leave without pay.

 

43.8.2             If a pregnant employee finds it difficult to perform their normal duties or there is a risk to their health or that of the unborn child, the Department Head must consult with the employee and take all reasonable steps to arrange safer alternative duties or adjustments.

 

43.8.3 Safer alternative duties or adjustments include but are not limited to:

 

(a)       having flexible working arrangements for when and where the employee performs their duties;

 

(b)       changing duties temporarily;

 

(c)       retraining;

 

(d)       multiskilling;

 

(e)       redesigning their role.

 

43.8.4             If a pregnant employee gives the employer evidence that the employee is fit for work, but that it is inadvisable for the employee to continue in the employee’s normal duties, and safe alternative duties or adjustments cannot reasonably be provided, the Department Head must grant the employee paid no safe job leave until the end of the risk period, end of the employee’s pregnancy or expected commencement of parental leave, whichever is the earliest.

 

43.9    Further periods of parental leave

 

43.9.1             When an employee, their partner or their legal surrogate gives birth; or the employee or their partner adopts; or the employee or their partner have a child placed in the care of the employee or their partner as part of an ongoing placement arrangement while on parental leave, the employee is entitled to a further period of parental leave.

 

43.9.2             At the commencement of the new period of parental leave, any remaining unpaid parental leave from the former birth, adoption or ongoing placement arrangement ceases.

 

43.9.3             Any remaining paid parental leave from the former birth, adoption or ongoing placement arrangement may be retained but must be taken within 24 months of the former date of birth, adoption or altruistic surrogacy or placement of a child or children.

 

43.10  Leave for a pre-term birth

 

43.10.1           When an employee or their partner has a pre-term birth (before 37 weeks), the parent with caring responsibility is entitled to paid Special Pre-Term Parental Leave. This applies from the date of birth to the end of 36 weeks. Where both parents are NSW Government Sector employees, only one parent may access the leave.

 

43.10.2           An employee is entitled to paid special pre-term parental leave if they have or would have, if not for the pre-term birth, completed 40 weeks continuous service at the expected date of birth.

 

43.10.3           Paid Special Pre-Term Parental Leave starts from the date of the pre-term birth at full pay and the employee must take it in one continuous block up to the end of 36 weeks.

 

43.10.4           Immediately following the period of paid special pre-term parental leave and at the commencement of 37 weeks, special pre-term birth parental leave will cease, and an employee may commence parental leave in accordance with clause 43.2 and clause 43.3.

 

43.10.5           Where a pre-term child dies during a period of paid Special Pre-Term Parental Leave, the rest of that leave is replaced by up to 14 weeks’ Paid Parental Leave in accordance with clause 43.2.

 

43.10.6           Employees cannot take paid Special Pre-Term Leave concurrently with any other form of leave.

 

43.10.7           When accessing paid Special Pre-Term Parental Leave, the employee must notify the Department Head as soon as practicable of:

 

(a)       the amount of leave required; and

 

(b)       which other types of leave (if any) will follow the period of Special Pre-Term Parental Leave, including all paid and unpaid leave that employees propose to take, have applied for, or will take.

 

43.10.8           To access paid Special Pre-Term Parental Leave, the employee may need to provide evidence, such as:

 

(a)       a medical certificate showing the expected date of birth; or

 

(b)       a statutory declaration or medical certificate confirming caring responsibility; or

 

(c)       a medical certificate or a birth certificate showing the child’s actual date of birth.

 

43.11  Leave for a stillbirth

 

43.11.1           A employee who gives birth to a stillborn child has access to paid parental leave in accordance with clause 43.2 or may elect to take available sick leave.

 

43.11.2           Where an employee’s partner gives birth to a stillborn child the employee can access two weeks Paid Parental Leave.

 

43.12  Leave prior to an adoption

 

43.12.1           In addition to the paid parental leave available at clause 43.2, an employee seeking to adopt a child is entitled to up to two days unpaid special adoption leave to attend interviews or examinations as are necessary as part of the adoption process.

 

43.12.2           An employee may also use accrued leave entitlements or flexible working arrangements to attend interviews or examinations. This includes recreation leave, extended leave and where applicable, family and community service leave.

 

43.13  Right to request extension of unpaid parental leave and part-time return to work

 

43.13.1           To assist employees with parental responsibilities, an employee who has been granted parental leave in line with clause 43.2, Paid Parental Leave, can apply to the Department Head to:

 

(a)       extend Unpaid Parental Leave for a further continuous leave period of up to 12 months provided the unpaid parental leave does not extend beyond 24 months from the birth, adoption or ongoing placement of the child; and/or

 

(b)       return from full-time parental leave to work part time until the child reaches school age (including the option to return to work on part-time leave without pay).

 

43.13.2           An employee intending to apply to return from parental leave part time (in line with clause 43.13.1) must write to the Department Head as soon as practicable. An employee can give notice at any time up to four weeks before their proposed return or extension of leave, or later if the Department Head agrees.

 

43.13.3           The Department Head will consider the request and the employee’s circumstances and respond in writing. The Department Head can only refuse the request on reasonable grounds based on the effect on the workplace or the Department Head’s business. This could include:

 

(a)       that the new working arrangements requested would be too costly for the Department;

 

(b)       that there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;

 

(c)       that it would be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the new working arrangements requested;

 

(d)       that the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity; or

 

(e)       that the new working arrangements requested would be likely to have a significant negative impact on customer service.

 

43.13.4           An employee on parental leave may change the period of leave once without the consent of the Department by providing at least 14 days’ notice in writing. Further changes may be made with the consent of the Department Head.

 

43.13.5           An employee who has returned to full-time duty without exhausting their entitlement to 12 months unpaid parental leave is entitled to revert to unpaid parental leave. This may be done once only, by providing a minimum of 4 weeks’ notice (or less if the Department agrees).

 

43.14  Returning to work

 

43.14.1           An employee has the right to return to their former role if they have taken parental leave or returned to work part-time under right to request provisions, and they immediately resume duty after the approved leave or part-time work arrangement.

 

43.14.2           If the role occupied by the employee immediately prior to the taking of parental leave has ceased to exist, but there are other positions available that the employee is qualified for and is capable of performing, the employee will be appointed to a role of the same grade and classification as the employee’s former position.

 

43.14.3           An employee does not have the right to their former role if they return to work part time. If the Department Head approves an employee to return to work part time, the employee will be appointed to a role of the same grade and classification as their former role.

 

43.15  Notice requirements

 

43.15.1           The Department Head must inform employees of their entitlements and obligations under this section when it is made aware that an employee or their partner is pregnant, expecting a child through an altruistic surrogacy arrangement, is having a child placed with them as part of an ongoing placement arrangement or is adopting a child.

 

43.15.2           An employee who is an intended parent in an altruistic surrogacy arrangement must notify the Department Head at least 8 weeks before the expected due date. The employee must give the Department Head a copy of the pre-conception surrogacy altruistic surrogacy agreement. This agreement is provided for in the Surrogacy Act 2010 and can be redacted as necessary to protect non- employees’ privacy.

 

43.15.3           To access parental leave, an employee must give the Department Head written notice, eight weeks or as soon as practicable, before the expected start of their parental leave, of:

 

(a)       their intention to take leave; and

 

(b)       the child’s expected date of birth, adoption, altruistic surrogacy or ongoing placement; and

 

(c)       the employee’s role as carer of their child for the parental leave period.

 

43.15.4           At least four weeks before the expected commencement of parental leave, the employee must advise the Department Head of:

 

(a)       the date they intend to start parental leave; and

 

(b)       the date they expect to return to work.

 

43.15.5           Once an employee or their partner gives birth, they must notify the Department Head of the date of birth as soon as convenient.

 

43.15.6           If an employee changes their intentions because of a pre-term birth or stillbirth, they must notify the Department Head as soon as practicable.

 

43.15.7           Before and during Paid Parental Leave, an employee must notify the Department Head of any changes to their circumstances that might affect their eligibility for this leave as soon as possible.

 

43.16  Evidence requirements

 

43.16.1           To access Paid Parental Leave, the employee must provide evidence of the birth, adoption, altruistic surrogacy or ongoing placement arrangement:

 

(a)       for a birth related leave, a medical or birth certificate showing the child’s expected or actual date of birth;

 

(b)       for adoption related leave, an integrated birth certificate or certificate of adoption;

 

(c)       for altruistic surrogacy related leave, the provision of documentary evidence of the altruistic surrogacy agreement and a statutory declaration advising of the intention to make application for a parentage order as required under the Surrogacy Act 2010. A copy of the parentage order (redacted as needed) does not need to be provided before accessing Paid Parental Leave if the order is not available before that time but must be provided as soon as it is obtained;

 

(d)       for an ongoing placement arrangement, a confirmation of placement letter provided by the Department of Communities and Justice, or their accredited designated agency as defined in 43.1.1(i). A copy of the legal order as defined in 43.1.1(g) (redacted as needed) does not need to be provided before accessing Paid Parental Leave if the order is not available before that time but must be provided as soon as it is obtained.

 

43.16.2           To access bonus paid parental leave Department Head may require evidence of this such as:

 

(a)       documents from the partner’s employer; or

 

(b)       a statutory declaration from the employee.

 

43.17  Communication requirements

 

43.17.1           Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Department Head will take reasonable steps to:

 

(a)       make information available in relation to any significant effect the change will have on the status or responsibility level of the role the employee held before commencing parental leave; and

 

(b)       provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the role the employee held before commencing parental leave.

 

43.17.2           The employee will take reasonable steps to inform the Department Head of any significant matter that will affect the employee’s decision about:

 

(a)       the duration of parental leave;

 

(b)       whether they intend to return to work; and

 

(c)       whether they intend to request to return to work part time.

 

43.17.3           The employee will notify the Department Head of any changes to their address and contact details which may affect the Employer’s capacity to comply with clause 43.17.1.

 

43A – Leave related to miscarriage and fertility treatment

 

43A.1 Leave for a miscarriage

 

43A.1.1          When an employee or their partner miscarries, the employee is entitled to one week of paid Special Miscarriage Leave on each occasion a pregnancy ceases by way of miscarriage.

 

43A.1.2          Paid Special Miscarriage Leave starts from the date of miscarriage. The employee must take this leave in one continuous block before they can take any other leave.

 

43A.1.3          When accessing paid Special Miscarriage Leave, the employee must notify the Department Head as soon as reasonably practicable of:

 

(a)       the amount of leave required; and

 

(b)       the anticipated date of return to duty.

 

43A.1.4             To access paid Special Miscarriage Leave an agency may request evidence, such as:

 

(a)       a medical certificate; or

 

(b)       an early loss certificate from the NSW Registry of Births, Deaths and Marriages.

 

43A.2 Leave for fertility treatment

 

43A.2.1          Employees can take up to one week of paid Special Fertility Treatment Leave each calendar year to undergo fertility treatment. This includes related medical appointments and travel required to access treatment.

 

43A.2.2             Special Fertility Treatment Leave does not accumulate, and employees may take it in:

 

(a)       part days

 

(b)       single days

 

(c)       consecutive days.

 

43A.2.3          Paid Special Fertility Treatment Leave is not available to the partner of the person undergoing fertility treatment.

 

43A.2.4       When accessing paid Special Fertility Treatment Leave, the employee must notify the Department Head as soon as is reasonably practicable of:

 

(a)       the amount of leave required, and

 

(b)       when they expect to return to work.

 

43A.2.5      To access paid Special Fertility Treatment Leave, the employee may need to provide a medical certificate that confirms the treatment.

 

44.  Leave for Matters Arising from Domestic and Family Violence

 

44.1    Domestic Violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007.

 

44.2    Full time and Part time employees experiencing domestic violence are entitled to 20 days paid domestic and family violence leave per calendar year (non-cumulative and able to be taken in part-days, single days, or consecutive days). The leave is to be available for all employees including experiencing domestic and family violence, for purposes including:

 

44.2.1             seeking safe accommodation;

 

44.2.2             attending medical, legal police or counselling appointments relating to their experience of domestic and family violence;

 

44.2.3             attending court and other legal proceedings relating to their experience of domestic and family violence;

 

44.2.4             organising alternative care or education arrangements for their children; or

 

44.2.5             other related purposes that will assist them to establish safety, and recover from their experience of domestic and family violence; or any other purpose associated with the impact of experiencing domestic and family violence which is impractical to do outside of their normal hours of work

 

44.3    The leave entitlement can be accessed without the need to exhaust other existing leave entitlements first.

 

44.3.1             The leave does not have to be approved before an employee can access the leave, but an employee should advise their employer as soon as possible of the need to take such leave.

 

44.5    When approving leave, Venues NSW needs to be satisfied, on reasonable grounds, that domestic and family violence has occurred, and may require proof such as:

 

44.5.1             a document issued by the Police Force, a court, a domestic violence support service or a member of the legal profession;

 

44.5.2             a provisional, interim or final Apprehended Violence Order (AVO), certificate of conviction or family law injunction;

 

44.5.3             a medical certificate.

 

44.5.4             a statutory declaration by the employee experiencing domestic and family violence, or any other evidence that would satisfy a reasonable person that domestic and family violence has occurred.

 

44.6    Casual employees will also be entitled to domestic and family violence leave. A casual employee can take a period of paid domestic and family violence leave for the hours for which the casual employee has an approved roster for work. In this circumstance, the employer is not required to pay the casual employee for hours that the casual employee had not been approved to work.

 

44.7    A casual employee is taken to have been rostered to work hours in a period if they have accepted an offer by the employer of work for those hours.

 

Part B

 

Table 1 - Full Time and Part Time Employees

 

Hourly Rate of Pay ($)
Classification	From the first full pay period on or after 2 November 2024	Rates from the FFPP on or after 2 November 2025 3.0%	Rates from the FFPP on or after 2 November 2026 3.0%
	3.5%
Grounds Person Grade A	$48.96	$50.42	$51.94
Grounds Person Grade B	$44.49	$45.83	$47.20
Grounds Person Grade C	$42.26	$43.53	$44.83
Grounds Mechanic	$55.21	$56.86	$58.57

 

Table 2 - Casual Employees

 

Hourly Rate of Pay ($)
Classification	From the first full pay period on or after 2 November 2024 3.5%	Rates from the FFPP on or after 2 November 2025 3.0%	Rates from the FFPP on or after 2 November 2026 3.0%
Grounds Person Grade A	$58.73	$60.49	$62.30
Grounds Person Grade B	$53.39	$54.99	$56.64
Grounds Person Grade C	$50.72	$52.24	$53.80

 

Table 3 - Apprentices

 

Hourly Rate of Pay ($)
Classification	From the first full pay period on or after 2 November 2024 3.5%	Rates from the FFPP on or after 2 November 2025 3.0%	Rates from the FFPP on or after 2 November 2026 3.0%
1st year of apprenticeship	$22.22	$22.89	$23.57
2rd year of apprenticeship	$25.79	$26.57	$27.36
3rd year of apprenticeship	$30.47	$31.38	$32.33
4th year of apprenticeship	$34.70	$35.74	$36.82

 

 

 

N. CONSTANT, Senior Commissioner

 

____________________

 

 

Printed by the authority of the Industrial Registrar.