CROWN EMPLOYEES (NSW DEPARTMENT OF TOURISM, SPORT AND RECREATION CENTRES AND ACADEMY MANAGERS) AWARD 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 681 of 2005)

 

 

REVIEWED AWARD

 

Arrangement

 

PART A

 

Clause No.      Subject Matter

 

1.         Title

2.         Definitions

3.         Parties

4.         Classifications

5.         Salaries

6.         General Conditions of Employment

7.         Hours of Duty

8.         Residential Requirements

9.         Compensation for On-Call, Out-of-Hours, Weekend and Public Holiday Duty

10.       Annual Leave Loading

11.       Deduction of Union Membership Fees

12.       Anti-Discrimination

13.       Grievance and Dispute Resolution Procedures

14.       No Extra Claims

15.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Annual Allowance

 

APPENDIX 1

 

Centre and Academy Locations

 

1.  Title

 

1.1        This award will be known as the Crown Employees (NSW Department of Tourism, Sport and Recreation Centres and Academy Managers) Award 2005.

 

2.  Definitions

 

"Academy" refers specifically to the Sydney Academy of Sport and Recreation at Narrabeen (as listed at Appendix 1) which is responsible for the development of elite and talented athletes as well as operating as a centre.  Instruction is also provided in outdoor education, sport and recreation for all members of the community.

 

"Assistant General Manager" refers to an officer occupying a position of Assistant General Manager in a Centre or the Academy.

 

"Centre" refers to a departmental residential or non-residential venue (as listed at Appendix 1). It also includes any place designated as part of, or as annex to, such a venue.

 

"Director-General" refers to the Director-General of the NSW Department of Tourism, Sport and Recreation.

 

"Department" refers to the NSW Department of Tourism, Sport and Recreation.

 

"Events Manager" refers to an officer occupying a position of Events Manager at the Sydney International Equestrian Centre (SIEC)

 

"General Manager" refers to an officer occupying a position of General Manager in a residential Centre or Academy.

 

"Officer" refers to and includes all persons permanently or temporarily employed under the provisions of the Public Sector Employment and Management Act 2002 and who, as at the operative date of this award, were occupying one of the positions covered by this award or who, after that date, are appointed to or employed in any of such positions.

 

"Operations Manager" refers to an officer occupying a position of Operations Manager at the Sydney International Equestrian Centre (SIEC) or the Sydney International Shooting Centre (SISC).

 

"Service" refers to continuous service with the Department in a position covered by the award.

 

"Service Co-ordinator" refers to an officer occupying a position of Service Co-ordinator in a Centre or Academy.

 

"Union" refers to the Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales.

 

"Venue Manager" refers to an officer occupying a position of Venue Manager at the Sydney International Equestrian Centre (SIEC) or the Sydney International Shooting Centre (SISC)

 

3.  Parties

 

3.1        This award has been made between the following parties:

 

Public Employment Office

 

Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales

 

NSW Department of Tourism, Sport and Recreation

 

4.  Classifications

 

4.1        The classification and grade of the positions covered by this award are:

 

General Manager (Sydney Academy of Sport and Recreation), Clerk Grade 11/12

 

General Manager (Jindabyne Sport and Recreation Centre), Clerk Grade 11/12

 

General Manager (Centres), Clerk Grade 9/10

 

Venue Manager (Sydney International Equestrian Centre), Clerk Grade 9/10

 

Venue Manager (Sydney International Shooting Centre), Clerk Grade 9/10

 

Assistant General Manager Services (Sydney Academy of Sport and Recreation), Clerk Grade 9/10

 

Assistant General Manager (Centres), Clerk Grade 7/8

 

Operations Manager (Sydney International Equestrian Centre), Clerk Grade 7/8

 

Operations Manager (Sydney International Shooting Centre), Clerk Grade 7/8

 

Events Manager (Sydney International Equestrian Centre), Clerk Grade 7/8

 

Service Co-ordinator, Clerk Grade 4/5

 

Positions at Centres or the Academy which have rostered and/or on-call responsibilities as determined by the relevant Director excluding Program Staff, Catering Officers and Services Officers

 

5.  Salaries

 

5.1        Salary rates applicable to classifications covered by this award will be payable in accordance with Table 1 - Salaries, of Part B, Monetary Rates.

 

5.2        Salary rates provided for in this award shall be adjusted in accordance with the Crown Employees (Public Sector - Salaries 2004) Award, as varied, or any award made replacing the said award.

 

6.  General Conditions of Employment

 

6.1        Officers shall be entitled to conditions of employment as set out in this award or, where this award is silent, conditions of employment as provided for under the Public Sector Employment and Management Act 2002 and Regulations and the Crown Employees (Public Service Conditions of Employment) Award 2002, as varied.

 

7.  Hours of Duty

 

6.1        The contract working hours will be 35 hours per week averaged over a four week period.  Rostered hours of duty may include any day of the week including Saturday, Sunday and public holidays.

 

6.2        Officers shall be rostered for 19 days within a four week roster cycle.

 

6.3        Officers shall not be rostered for more than 10 consecutive calendar days over any period.

 

6.4        Officers are entitled to nine days rostered off duty including a minimum of two x two consecutive rostered days off in any four week roster period.  Where it is not possible to roster 9 days off in a four week roster period, the days not taken may be carried over and utilised in the next roster period.  If not taken in the next roster cycle, the entitlement shall be forfeited.

 

6.5        Hours of duty shall be determined by way of roster, which shall be displayed in an area available to all officers not less than seven days prior to the commencement of the four week roster cycle.

 

6.6        Weekend and public holiday duty is based on client demand at the Centre or Academy and shall be allocated equitably between the Officers covered by this Award.

 

8.  Residential Requirements

 

8.1        Officers employed under this Award at residential venues may be required to reside on-site. However, the Director Centres has the authority to consider exemptions from this requirement.

 

8.2        The manner in which accommodation and food/meals are administered for officers shall be consistent with the Department’s Sport and Recreation Centres and Academies of Sport Accommodation and Meals Policy.

 

9.  Compensation for on-Call, Out-of-Hours, Weekend and Public Holiday Duty.

 

9.1        Officers are entitled to an annual allowance as specified in Table 2 - Annual Allowance, of Part B, Monetary Rates, and 25 days' recreation leave as compensation for out-of-hours, weekend and public holiday work, for being on-call and for duty undertaken after being "called" for duty. Recreation leave will be administered consistent with general public sector provisions.

 

9.2        The annual allowance will be adjusted in accordance with the Crown Employees (Public Sector - Salaries 2004) Award as varied, or any award made replacing the said award.

 

9.3        "On call" is defined as being available for additional duties, when not on duty performing rostered weekly contract hours.  Officers are required to be on call to perform such additional duties (e.g. emergencies) on a rostered basis.

 

9.4        On-call duty shall be rostered equitably at each Centre or Academy between the officers covered by this Award.

 

9.5        A General Manager of a residential venue may call for expressions of interest from staff who wish to be considered as alternative on-call staff.  This may only be instituted on a long-term basis where there are only two positions covered by this award in the staffing structure.  No alternative member of staff can be forced to assume on-call responsibilities.  Any such arrangement must be by agreement between the individual employee and the General Manager and will be subject to the approval of the Director, Centres.  The Director Centres will determine if the nominated staff member is required to reside on-site.

 

9.6        On-call allowance may also be paid on a short-term temporary basis when the normal recipient is on leave for a period of at least one week.  The allowance is payable for the whole period of leave and not only for those days that the temporary recipient is rostered on-call.

 

9.7        All on-call conditions as determined by this clause shall apply to those officers elected.  If a staff member already receives an allowance for similar after-hours responsibilities under another industrial instrument, the total of their on-call duties will not exceed the total of their duties under the first instrument.

 

9.8        Officers required to be called for duty whilst not rostered on duty and not rostered on call shall be entitled to the equivalent time off within the roster period. Where it is not possible for time off within that period, the time may be carried forward to the next roster period and must be taken in that period.

 

9.9        The annual allowance is an all-inclusive payment that represents compensation for all incidences of employment.  No additional entitlement accrues for officers who are called to perform duty whilst on call.

 

10.  Annual Leave Loading

 

10.1      Officers are entitled to an annual leave loading of 17.5% calculated on four weeks annual leave.

 

11.  Deduction of Union Membership Fees

 

11.1      The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union’s rules.

 

11.2      The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

11.3      Subject to subclauses 11.1 and 11.2, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union’s rules, provided that the employee has authorised the employer to make such deductions.

 

11.4      Monies so deducted from the employee’s pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees’ union membership accounts.

 

11.5      Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

11.6      Where an employee has already authorised the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deduction to continue.

 

12.  Anti-Discrimination

 

12.1      It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

12.2      It follows that, in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

12.3      Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

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

 

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

 

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

 

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

 

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

 

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

 

12.6      The Department and its employees may also be subject to Commonwealth anti-discrimination legislation.

 

12.7      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."

 

13.  Grievance and Dispute Resolution Procedures

 

13.1      The aim of this procedure is to ensure that, during the life of this award, industrial disputes are prevented, or resolved as quickly as possible, at the level they occur within the workplace.  For the purpose of this procedure, industrial disputes are distinguished from grievances which are to be dealt with under the Department’s grievance handling procedures.

 

13.2

 

(a)        In the first instance, the officer(s) will notify (in writing or otherwise) the immediate supervisor, or other appropriate person, as to the substance of the grievance/dispute, request a bilateral meeting to discuss it, and state the remedy sought.

 

(b)        Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for the officer to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Department Head or delegate.

 

(c)        The immediate supervisor, or other appropriate officer shall convene a meeting in order to resolve the grievance/dispute within 48 hours (two (2) working days), or as soon as practicable, of the matter being brought to attention.

 

(d)        If the matter remains unresolved, the matter shall be further discussed by the officer(s) and, at their request, the appropriate union delegate, the immediate supervisor, the supervisor's manager, and a more senior management representative. This should take place within 48 hours of the completion of step (c).

 

(e)        If the matter remains unresolved and the officer(s) is/are union members, it should be discussed/ negotiated between representatives of the union, and relevant senior management of the department. These actions should take place as soon as it is apparent that the earlier discussions will not resolve the grievance/dispute. In addition, in the case of a grievance, if the matter has not been resolved at the conclusion of this stage of discussions, the employer must provide a written response to the grievance, including reasons for not implementing any proposed remedy.

 

(f)         A matter relating to the conditions of employment fixed by this Award may be submitted by one or the other of the parties when all other steps (a) to (d) above, have been exhausted, to the relevant industrial tribunal which may exercise its functions under the Industrial Relations Act, 1996.

 

(g)        Where the issue in dispute relates to a change of work or management practice, the pre-existing practice shall be allowed to continue until the issue has been finally resolved. Neither party shall be prejudiced as to the final settlement by the continuance of work in accordance with this sub-clause.

 

14.  No Extra Claims

 

14.1      Parties to this award undertake that, for the period of this award, they will not pursue any extra claims, except those allowed under section 17(3) of the Industrial Relations Act 1996.

 

15.  Area, Incidence and Duration

 

15.1      This award shall apply to all officers employed by the Department of Tourism, Sport and Recreation who, at the operative date of this award, are employed in the positions specified in Clause 4, Classifications, of this award.

 

15.2      The employees covered by this award are employed in terms of the Public Sector Employment and Management Act 2002 and, to the extent that this award is silent, will be covered by the provisions of that Act and associated Regulations and the Crown Employees (Public Service Conditions of Employment) Award 2002, as varied.

 

15.3      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Department of Tourism, Sport and Recreation Centres and Academy Managers) Award 2002 published 8 November 2002 (336 IG 1108) and all variations thereof.

 

15.4      The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 IG 359) take effect on and from 8 April 2005.

 

15.5      The award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

 

 

Table 2 - Allowance

 

 

Appendix 1

 

Centre and Academy Locations

 

Crown Employees (NSW Department of Tourism, Sport and Recreation Centres and Academy Managers) Award 2005

 

Residential Venues

 

Berry Sport and Recreation Centre

BERRY 2535

 

Borambola Sport and Recreation Centre

WAGGA WAGGA 2650

 

Broken Bay Sport and Recreation Centre

BROOKLYN 2083

 

Lake Ainsworth Sport and Recreation Centre

LENNOX HEAD 2478

 

Lake Burrendong Sport and Recreation Centre

MUMBIL 2820

 

Jindabyne Sport and Recreation Centre

JINDABYNE 2627

 

Lake Keepit Sport and Recreation Centre

GUNNEDAH 2380

 

Milson Island Sport and Recreation Centre

BROOKLYN 2083

 

Myuna Bay Sport and Recreation Centre

DORA CREEK 2264

 

Point Wolstoncroft Sport and Recreation Centre

GWANDALAN 2259

 

Sydney Academy of Sport and Recreation

NARRABEEN 2101

 

Non-Residential Venues

 

Sydney International Equestrian Centre

HORSLEY PARK NSW 2164

 

Sydney International Shooting Centre

CECIL PARK NSW 2171

 

 

R. W. HARRISON  D.P.

 

 

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Printed by the authority of the Industrial Registrar.