WOLLONGONG SPORTSGROUND TRUST AUSTRALIAN WORKERS UNION (STATE) AWARD 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Wollongong Sportsground Trust.

 

(No. IRC 4911 of 2005)

 

 

AWARD

 

This award shall be known as the Wollongong Sportsground Trust Australian Workers Union (State) Award 2005.

 

1.  Parties

 

The parties to this award are:

 

(a)        The Wollongong Sportsground Trust (the Trust)

 

(b)        The Australian Workers Union, Port Kembla, South Coast & Southern Highlands Branch, New South Wales (the Union)

 

2.  Intention

 

(a)        The parties to this award acknowledge that good industrial relations are central to the effective and efficient operation of facilities controlled by the Wollongong Sportsground Trust 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.

 

3.  Application

 

(a)        This award is binding on the Wollongong Sportsground Trust, employees of the Trust and the Australian Workers Union (New South Wales Branch) representing their members, employees of the Trust, in respect, of the employment conditions and rates of pay for the Trust employees engaged in the operation, maintenance and non-executive administration of grounds and facilities operated and/or controlled by the Wollongong Sportsground Trust.

 

(b)        This Award shall equally apply to any sub-contracted organisation or individual employing persons who would otherwise have been employed by the Trust, other than organisations or individuals who 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.

 

4.  Arrangement

 

Clause No.    Subject Matter

 

18.       Annual Leave and Loading

33.       Anti-Discrimination

3.         Application

4.         Arrangement

16.       Bereavement Leave

7.         Classifications

34.       Consultative Committee

28.       Disciplinary Procedure

29.       Disputes Procedure

23.       First aid allowance

11.       Hours of work

19.       Income Protection

2.         Intention

26.       Introduction of change

24.       Jury Service

25.       Long Service Leave

12.       Meal Breads and allowances

31.       Multi-hiring

13.       Overtime and Time off in lieu

17.       Parental leave

1.         Parties

22.       Payment of wages

35.       Performance Management Plans

15.       Personal Carers Leave

20.       Public Holidays

5.         Period of Operation

6.         Rates of pay

27.       Redundancy

30.       Role of the union

14.       Sick Leave

32.       Superannuation and Salary Sacrificing

8.         Training

10.       Termination of Employment

9.         Terms of Engagement

21.       Uniforms and Protective Clothing

 

PART B

 

MONETARY RATES

 

Table 1 - Weekly Rates of Pay

Table 2 - Annualised Rates of Pay

Table 3 - Other Rates and Allowances

 

5.  Period of Operation

 

This award will operate from the first pay period commencing on 29 September 2005 and will remain in force for a period of two years.

 

This award rescinds and replaces the Wollongong Sportsground Trust Australian Workers Union (State) Award 2003 published 2 April 2004 (343 I.G. 998).

 

6.  Rates of Pay

 

(a)        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.

 

(b)        The ordinary hourly rates of pay relating to persons employed under this award are those applying in Tables 1 and 2 of Part B attached hereto.

 

(c)        An employee will only be classified and paid at a higher level of skill if the Trust 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.

(d)        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.

 

7.  Classifications

 

(a)        Employees shall perform all duties required by the Trust within their skill and competence, to ensure the elimination of demarcation barriers preventing an employee from performing the whole job.

 

(b)        Subject to (a), above, employees engaged by the week shall be advised in writing of their employment relating to the following classification structure.

 

LEVEL 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.

 

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.

 

Provided that an employee who hasn’t demonstrably reached the standard of performance required by the Trust 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.

 

LEVEL 2

 

Shall be an employee who has completed some structured training relevant and/or experience to the operational needs of the Trust, and who is continuing such training, or has recognised industry experience appropriate to the Trusts’ needs.

 

A level 2 employee shall, in addition to the skills of a Level 1 operative be able to perform a majority of the following:

 

Assist with the on-the-job training of Level 1 employees, to a limited degree;

 

Exercise intermediate keyboard skills with instructions;

 

Demonstrated ability to work from instructions or procedures;

 

Have a demonstrated understanding of general office, or box office, or cash control or staging or stadium procedures;

 

Demonstrated customer service skills;

 

Able to work effectively as a member of a small team under general technical, trade or administrative supervision;

 

Demonstrated knowledge of occupational health and safety requirements relating to the operation of Public Venues

 

Knowledge of safe handling procedures in regards to tools and chemicals

 

The Trust and the AWU have agreed to hold discussions to determine the appropriate number of hours of work before a casual employee  progresses to Level 3.

 

Indicative tasks for Level 2 shall include but not be limited to:

 

 

LEVEL 3

 

Shall be an employee who has completed structured training and/or experience recognised by the Trust as relevant and appropriate to perform within the scope of this Level or has industrial experience appropriate to the Trusts’ needs.

 

An employee at this Level shall assist with the training and development of staff at Levels 1 and 2.

 

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.

 

Indicative tasks at this level would include:

 

 

LEVEL 4

 

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.

 

Indicative tasks and competencies for a level 4 employee would include;

 

 

LEVEL 5

 

Shall be an employee who is a holder of a post trade qualification or technical qualification relevant to the Trust’s operations or will have worked or studied in a relevant field and/or have specialist knowledge, qualifications and experience.

 

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.

 

Indicative tasks and competencies for a Level 5 employee would include;

 

 

Progression to succeeding levels within the above structure will be dependant on a demonstrated capacity to perform the functions required and availability of a vacant position.

 

8.  Training

 

(a)        The Trust acknowledges its commitment to provide for its employees’ career paths and access to more varied, fulfilling and better paid jobs through training.

 

(b)        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.

 

(c)        The Trust 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 Trust will accept responsibility for arranging the training in all cases where the Trust requests such training to meet staffing requirements.

 

(d)        The Trust 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 Trust 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.

 

(e)        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.

 

9.  Terms of Engagement

 

Employees under this agreement shall be engaged as either permanent (full-time or part-time) or casual employees.

 

(a)        Full-time employees will be engaged by the fortnight and will be paid the rate of pay for the appropriate skill level as set out in Table 1 - Rates of Pay of Part B, Monetary Rates.

 

(b)        Part-time employees may be engaged on the basis of a set number of ordinary hours (less than 76) each fortnight as agreed in advance between the Trust and the employee concerned, provided that such lessor hours be no fewer than 20 per fortnight or 4 per shifts.

 

Part-time employees will be paid pro-rata the rate for the appropriate skill level as set out in the said Table 1.

 

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.

 

(c)        Probationary Period:  Notwithstanding anything elsewhere contained in this clause, and clause 10, Termination of Employment, a maximum of the first three months of permanent employment will be on a trail basis and may be terminated by at least two days notice is not given during this period the payment or forfeiture of two 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.

 

(d)        Casual employees will be employed by the hour and will be employed for a minimum three (3) hours per engagement, for commercial events and two (2) hours for community and not for profit functions relating to the hire of the Trust’s facilities.

 

(e)        The Trust 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.

 

(f)         Despite any other provision of this award, the Trust is not required to pay wages to any employee for any day on which that employee cannot be usefully employed because of:

 

(i)         Any strike.

 

10.  Termination of Employment

 

(a)        Employment may be terminated by either the Trust or the employee at any time during the week by the giving of the following notice (except as provided by subclause (c) of clause 9, Terms of Engagement, and subclause (f) of this clause):

 

Period of Continuous Service	Period of Notice
1 year or less	1 week
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).

 

(b)        An employee who fails to give the appropriate notice may have moneys withheld to the equivalent of the notice period required, and not given.

 

(c)        The Trust 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 Trust could not reasonably be expected to give the employee that opportunity, in accordance with the disciplinary procedure contained in clause 28.

 

(d)        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 Trust) for the purpose of seeking another job.

 

(e)        Following a request from the terminated employee, the Trust will provide a written statement of the period of employment and the type of work performed.

 

(f)         The Trust 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.

 

(g)        The employment of a casual employee may be terminated by either the Trust or the employee without the giving of notice.  However, the Trust will pay wages for the minimum period as set out in subclause (d) of clause 9, Terms of Engagement, providing the employee works for the remainder of the minimum period if required to do so. 

 

11.  Hours of Work

 

The ordinary hours of work can be rostered Monday to Sunday, inclusive, subject to the following:

 

(a)        Hours of Work (Permanent Employees)

 

To suit the needs of the enterprise, ordinary hours will be worked on a rostered basis over a fortnightly period with the following limitations;

 

(i)         A maximum of 76 ordinary hours will be worked in any one fortnightly period.

 

(ii)        A maximum of 10 ordinary hours will be worked in any 24 hours period.

 

(b)        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.

 

(c)        Rosters (Permanent Employees)

 

(i)         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.

 

(ii)        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.

 

(d)        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.

 

12.  Meal Breaks & Allowances

 

(a)        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.

 

(ii)        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.

 

(iii)       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.

 

(b)        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.

i)          Casual employees working in a non-event capacity 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. 

 

13.  Overtime and Time Off in Lieu

 

(a)        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 weekly employees engaged under the provisions of Section A, Table 1 of Part B, in the following circumstances:

 

For all hours worked in excess of 10 per shift

 

For all hours worked in excess of 76 in a fourteen day cycle

 

For all hours worked within less than a break of 10 hours between work on consecutive days.

 

(b)        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 casual employees engaged under the provisions of Section B of Part B, in the following circumstances:

 

For all hours worked in excess of 10 per shift

 

For all hours worked within less than a break of 10 hours between work on consecutive days.

 

(c)        An employee who has worked between midnight and 6:00am (and has commenced work before 5:00am), will be provided with a meal by the Trust or be paid the amount as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for each meal break occurring before finishing time.

 

(d)        Weekly employees may take time off in lieu of overtime payments as agreed between the employee and employer. Such time off shall be calculated at overtime rates.

 

(e)        Notwithstanding subclause 13 a., b., and c., employees engaged as annualised salaried employees shall work hours and rosters to meet the needs of the business subject to the following:

 

(i)         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.

 

(ii)        All hours worked in excess of 172 hours per twenty eight (28) day cycle 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.

 

(iii)       ‘Overtime rates’ in above subclause 13 d. (ii) are defined as time and one half (1½) for the first two hours worked, and double (2) time thereafter, during each shift worked.

 

(iv)       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.

 

(v)        It is agreed by the parties that the annualised salaried employees shall receive a 10 hour break between shifts wherever possible.

 

(f)         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 Trust.

 

14.  Sick Leave

 

(a)        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.

(b)        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.

 

(c)        An employee shall not be entitled to sick leave for any period in respect of which such employee is entitled to worker’s compensation.

 

(d)        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.

 

(e)        Where an employee is absent for more than one consecutive day, or more than five single days in a year, the employee shall provide the employer with a doctor’s certificate.

 

(f)         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.

 

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 (iii).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 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 employees 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.

 

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

 

1.         The employee being responsible for the care and support of the person concerned; and

 

2.         The person concerned being:

 

(a)        a spouse of the employee, or

 

(b)        a defacto 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.

 

(f)         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.

 

(b)        Unpaid Leave for Family Purpose

 

(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 class of person set out in subparagraph (iii).2 of sub-clause above who is ill.

 

(c)        Annual Leave

 

(i)         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.

 

(ii)        Access to annual leave, as prescribed in paragraph (i) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(iii)       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.

 

(d)        Time Off in Lieu of Payment of Overtime

 

(i)         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.

 

(ii)        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.

 

(iii)       If, having elected to take time as leave in accordance with paragraph (i) 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.

 

(iv)       Where no election is made in accordance with the said paragraph (i), the employee shall be paid overtime rates in accordance with the award.

 

(e)        Make-up Time

 

(i)         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.

 

(f)         Rostered days off

 

(i)         An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

(ii)        An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

(iii)       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.

 

(iv)       This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of DDO flexibility, and providing a reasonable opportunity for the unions to participate in negotiations. 

 

16.  Bereavement Leave

 

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.

 

17.  Parental Leave

 

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.

 

Concurrent with the above unpaid leave provisions, permanent full-time and part-time employees shall be entitled to the following paid parental leave:

 

(a)        Paid Maternity Leave - six (6) 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

 

18.  Annual Leave and Annual Leave Loading

 

(a)        Employees engaged under the provisions of Section A, of Table 1, Part B shall be entitled to four weeks annual leave for each completed year of service, less the period of annual leave, and 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.

 

(b)        The taking of annual leave shall as far as practicable be taken at a mutually agreed time and for mutually agreed duration’s up to the maximum entitlement contained herein.

 

(c)        Under no circumstances shall annual leave be allowed to accrue above the entitlement for a period of two years.

 

(d)        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.

 

19.  Income Protection Plan

 

All weekly and regularly employed casuals (being casuals rostered for more than 20 hours in any 28 day period), and who are members of the Australian Workers Union shall be covered by a Sickness and Accident Income Protection Plan approved and endorsed by the union.

 

It is a term of this award that the Trust 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).

 

20.  Public Holidays

 

(a)        The days on which New Years Day, Australia Day, Good Friday, Easter Saturday, 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 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.

 

(b)        Entitlement to paid absence on the Union Picnic Day shall only apply to weekly and annualised employees who are members of the Union.

 

(c)        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.

 

(d)        Where the Picnic Day referred to in subclause 20 (b) 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.

 

21.  Uniforms and Protective Clothing

 

(a)        Where employees are required to wear a branded uniform they will provided free of charge.

 

(b)        Where items of clothing referred to in sub-clause (a) are required to be cleaned and maintained by the employee the provisions of Part B Table 3, herein, shall apply.

 

(c)        The Trust commits to providing appropriate protective clothing for employees as is deemed necessary to provide a safe working environment for Trust employees

 

(d)        The Trust 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.

 

(e)        All uniform items, protective clothing and other tools provided by the Trust shall remain the property of the Trust and shall, upon demand be returned to the Trust in reasonable conditions.  Upon Termination, monies owed to the employee maybe withheld until such time as this sub-clause is complied with by the employee.

 

22.  Payment of Wages

 

(a)        All moneys payable to employees will be paid weekly, fortnightly or monthly, by agreement with the employee, by electronic funds transfer.

 

(b)        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.

 

23.  First-Aid Allowance

 

An employee who holds and appropriate first-aid certificate and who is appointed by the Trust 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 B, Monetary Rates, in addition to the wage rate as set out in Table 1 - Rates of Pay, of the said Part B.

 

 

24.  Jury Service

 

A permanent employee required to attend for jury service will be reimbursed by the Trust 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.

 

25.  Long Service Leave

 

Prior to 1st September, 2005, employees are entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1955.

 

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.

 

Such leave accrual shall not apply to any long service leave that has accrued prior to 1st September 2005.

 

26.  Introduction of Change

 

(a)        Where the Trust 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 Trust will notify the employees who may be affected by the proposed changes, and the union, if the employees are members.

 

(b)        "Significant effects" include termination of employment, major changes in the composition of the Trust 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.

 

(c)        The Trust 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 (a) of 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.

 

(d)        The discussions will commence as early as practicable after a definite decision has been made by the Trust to make the changes referred to in subclause (a) of this clause.

 

(e)        For the purpose of such discussion, the Trust 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 Trust will not be required to disclose confidential information, the disclosure of which would be inimical to the Trusts interests.

 

27.  Redundancy

 

(a)        Where the Trust has made a definite decision that the Trust 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 Trust will hold discussions with the employees directly affected and with the union.

 

(b)        The discussions will take place as soon as practicable after the Trust has made a definite decision which will invoke the provisions of subclause (a) of 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.

 

(c)        For the purposes of the discussion the Trust 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 Trust will not be required to disclose confidential information, the disclosure of which would be inimical to the Trusts’ interests.

 

(d)        Where an employee is transferred to lower paid duties for reasons as set out in subclause (a) 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 employment had been terminate, and the Trust may, at the Trusts’ 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.

 

(e)        In addition to the period of notice prescribed for ordinary termination in subclause (a) of clause 10, Termination of Employment, an employee whose employment is terminated for reasons as set out in subclause (a) of 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 weeks pay for each completed year of service
5 years and over	3 weeks pay for each completed year of service

 

In addition to the above scale, one additional weeks pay per year of service will be paid to employees over the age of 45 years at the date of redundancy offer being made by the Trust.

 

"Weeks pay" means the ordinary time rate of pay for the classified skill level for the employee concerned.

 

(f)         In addition, employees will be paid the following benefits:

 

(i)         Payment of annual leave loading on all accrued annual leave.

 

(ii)        Payment of pro-rata long service leave for employees with more than ten years continuous service.

 

(g)        An employee whose employment is terminated for reasons set out in subclause (a) 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 Trust until the expiration of such notice.  In such circumstances the employee will not be entitled to payment in lieu of notice.

 

(h)        During the period of notice of termination given by the Trust an employee will be allowed up to two days time off without lost 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.

 

(i)         Where a decision has been made to terminate employees in the circumstances outlined in subclause (a) of this clause, the Trust 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.

 

(j)         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.

 

(k)        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.

28.  Disciplinary Procedure

 

(a)        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.

 

(b)        The establishment of a warning system will not preclude the right of the Trust to dismiss an employee without the issue of a written warning, in accordance with subclause (f) of clause 10, Termination of Employment.

 

(c)        The basis of the three-warning system is as follows:

 

(i)         An employee whose conduct is deemed unsatisfactory by the supervisor may be given a first written warning.

 

(ii)        Should no improvement be forthcoming, then a second warning may be issued.

 

(iii)       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.

 

(v)        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.

 

(v)        All written warnings are to be given in the presence of the employee’s nominated representative, if the employee so desires.

 

29.  Disputes Procedure

 

(a)        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:

 

(i)         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(es).

 

(ii)        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.

 

(iii)       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.

 

(iv)       If the above steps are unsuccessful, the matter will be referred to the Industrial Relations Commission of New South Wales for resolution.

 

(v)        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.

 

(vi)       All employees are to be made familiar with this disputes procedure and are to give an undertaking to observe it.

 

(vii)      The employee or employees who raise the grievance may be involved in the discussions at all levels of this procedure.

 

30.  Role of the Union

 

(a)        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:

 

(i)         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.

 

(ii)        Union/Trust Co-operation.

 

To facilitate union membership, the Trust will:

 

1.         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;

 

2.         Supply all employees with an application form to join the union at the same time as employees are provided with their taxation declaration form;

 

3.         Provide the union with access to talk to all new employees at all induction training.  In this regard the Trust 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;

 

4.         Ensure that all supervisors are trained in the provisions of enterprise agreement and the employer’s policy on union membership;

 

5.         Notwithstanding the above, where an employee indicated they have an objection to joining the union, the Trust 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.

 

(iii)       Role of the union delegate

 

1.         For the purpose of the union conducting their business on a day to day basis, the Trust will recognise duly elected/appointed union delegates.

 

2.         Union delegates will be allowed reasonable time during work hours to interview the Trust or the Trust’s representatives on matters affecting employees.

 

3.         Union delegates will be allowed reasonable time during working hours to discuss with individual union members any matters pertaining to their work.

 

4.         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.

 

(iv)       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:

 

1.         That he or she discloses to the Trust nominees the complaint which he desires to investigate;

 

2.         That he makes his investigations in the presence of the Trust’s Nominees;

 

3.         That he or she does not interfere with work proceeding in the workshop or plant;

 

4.         That he or she conducts himself properly.

 

31.  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 Trust’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 employees’ usual work location, or alternatively, may mean a discrete set of duties other than the employees usual duties, provided such duties are not wholly or substantially performed in the employees usual work location, and shall not apply to work where overtime would normally be performed.

 

The arrangements entered into under this clause shall be mutually agreed and recorded in writing at the time.

 

32.  Occupational Superannuation

 

(a)        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 1966 (NSW).  This legislation, as varied from time to time, governs the Superannuation rights and obligations of the parties.

 

(b)        Subject to the requirements of this legislation, superannuation contributions may be made to ASSET (Australian Superannuation Savings Employment Trust), on a monthly basis on behalf of employees engaged under the provisions of this award.

 

Salary sacrifice to Superannuation

 

(c)        Notwithstanding the salaries prescribed by the 1998 Award as varied by Clause 6. Rates of Pay, an employee may elect, subject to the agreement of the Trust, to sacrifice a portion of the salary payable under Clause 6 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 must not exceed thirty (30) percent of the salary payable under Clause 6.

 

(d)        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 6 of this Award in the absence of any salary sacrifice to superannuation made under this Award.

 

(e)        Where an employee elects to salary sacrifice in terms of Clause c.) above, the Trust will pay the sacrificed amount into the relevant superannuation fund.

 

33.  Anti-Discrimination

 

(a)        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 ground of race, sex, martial status, disability, homosexuality, transgender identity, responsibilities as a carer and age.

 

(b)        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 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.

 

(c)        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.

 

(d)        Nothing in this clause is to be taken to affect:

 

(i)         any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)        offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(iv)       a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

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

 

34.  Consultative Committee

 

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.

 

Minutes of each meeting will be kept and made available to the Trust or the union if required.

 

35.  Performance Management Plans

 

The Trust and the Union shall develop a classification and performance review procedure and criteria.

 

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 Trust, the Union and its members.

 

The Trust 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.

 

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.

 

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.

 

The Trust 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.

 

PART B

 

MONETARY RATES

 

Table 1 - Weekly Rates of Pay

 

Section A

 

1.          Weekly rate of pay for a week not exceeding 38 ordinary hours.

 

 

2.          Employees engaged under Section A1, above shall receive an additional allowance of 12.5% of 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 20 (a) herein.

 

Section B

 

1.          Casual Hourly Rates for Employees engaged on all occasions except for Public Holidays

 

 

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. As described in clause 7 (b) herein, 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 receive an additional allowance of 7.5% of 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 20 (a) 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 7, here-in.

 

Table 2 - Annualised Rates of Pay

 

Employees engaged under annualised salary packages for all incidents or work under this award including annual leave loading.

 

 

Table 3 - Other Rates and Allowances

 

 

 

 

J. P. GRAYSON  D.P.

 

 

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Printed by the authority of the Industrial Registrar.