Sydney
Cricket and Sports Ground Trust (Event Day Employees) Award 2011
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Federation of Employers and Industries, Industrial Organisation of
Employers and State Peak Council.
(No. IRC 38 of 2012)
Before Commissioner
Ritchie
|
6 February 2012
|
AWARD
PART A
CONDITIONS
1. Arrangement
PART A - CONDITIONS
Clause No. Description
1. Arrangement
2. Title
3. Parties
Bound by this Award
4. Operation
and Duration of this Award
5. Intention
6. Classifications,
Rates of Pay and Employee Related Cost Savings
7. Superannuation
8. Payment of
Wages
9. Consecutive
Employment Terms
10. Minimum
Engagement
11. Meal Breaks
12. Meal
Discount
13. Uniforms
14. Overtime
15. Public
Holidays
16. Long
Service Leave
17. Transport,
Security and Related Matters
18. Employee
Consultation
19. Provision
and Use of Staff Seating
20. Implementation
of the Non-Smoking Policy
21. Anti-Discrimination
22. Grievance
and Dispute Procedures
23. No Extra
Claims
24. Calculation
of Flat Hourly Rate
25. Award
Observance
26. Commitment
to Further Negotiations
27. Signing of
Award
PART B - RATES OF PAY
Monday to Sunday Flat Rate
Non Event Attendance Rate
Uniform Allowance
2. Title
This award will be known as the Sydney Cricket and
Sports Ground Trust (Event Day Employees) Award 2011 ("this award").
3. Parties Bound By
This Award
(a) This award is
binding upon:
1. Sydney Cricket
& Sports Ground Trust ("the employer"); and
2. The Media
Entertainment and Arts Alliance ("MEAA"), its officers and members
("the Union") in respect of all employees (whether members of the
MEAA or not) engaged by the session or by the hour for work done in connection
with the staging of a fixture being conducted by the employer (including an
employee who is also engaged by the employer to perform work in a different
position under a separate contract or weekly hiring).
(b) This award shall
not apply to an honorary official i.e. any person who is either a member of the
employer or who has previously acted in an honorary capacity in performing
functions for which wage rates are prescribed by this award.
4. Operation and
Duration of This Award
(a) This award shall
replace the state industrial instrument in the nature of an enterprise
agreement in the same terms as the Sydney Cricket and Sports Ground Trust
(Event Day Employees) Award 2008 published 26 March 2010 (370 I.G. 108) (an
agreement of the New South Wales Industrial Relations Commission ).
(b) This award shall
operate on and from the first full pay period on or after 1 October 2011 and
shall remain in force for it’s nominal term of three years.
5. Intention
(a) The principal
intentions of this award are:
1. To promote
harmonious industrial relations for the Sydney Cricket and Sports Ground Trust;
and
2. To maximise
standards of service to the public and members, measured against those applying
in the leisure and recreation industry nationally and internationally.
6. Classifications,
Rates of Pay and Employee Related Cost Savings
(a) Employees
employed under this award to work at day time, twilight and evening fixtures
shall receive the appropriate hourly rate for the applicable classification as
contained in Part B of this award from the first full pay period on or after 1
October 2011.
(b) The hourly rates
set out in Part B of this award incorporate an increase for all event day work
undertaken of 2.5% from the first full pay period on or after 1 October 2011, a
further 2.5% increase from the first full pay period on or after 1 October
2012, and a further 2.5% increase from the first full pay period on or after 1
October 2013.
(c) Employees
employed under this award shall be paid the non-event attendance rate as
contained in Part B of this award from the first full pay period on or after 1
October 2011.
(d) The rates of pay
set out in Part B - Rates of pay of this Award contain hourly rates of pay
loaded to compensate employees covered by this Award for all entitlements not
otherwise provided under this Award.
7. Superannuation
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.
8. Payment of Wages
8.1 Period of payment
(a) Wages will be paid in arrears and on a
weekly basis, based on working hours performed in the period Monday to Sunday
(b) Wages will be paid no later than the
Thursday following the end of the previous pay period, unless the Trust and the
majority of employees agree to later payment.
8.2 Method of payment
Payment
of wages will be made via electronic funds transfer into an account nominated
by the employee with a bank, building society or credit union.
9. Consecutive
Employment Terms
Any employee who does not make himself or herself
available to perform work during any shift for a period of three months or more
from the cessation of their last engagement will be required to re-apply for
their position before being eligible for further engagements.
Prior to terminating the employment relationship the
employer will attempt to contact any employer who has not made himself or
herself available to inform them that they will be required to re-apply in
order to perform work at future events. The employer may, in exceptional
circumstances and at its sole discretion, waive the requirement for employees
to re-apply where they are absent for a period of three months or more.
10. Minimum
Engagement
The minimum engagement for all employees under this
award shall be four (4) hours to be worked consecutively, with the exception of
non-match day staff meetings and training sessions which shall be two (2)
hours.
11. Meal Breaks
All employees rostered for more than four hours will
receive a minimum of one paid 20 minute break. These breaks will be coordinated
by team leaders and/or supervisors.
12. Meal Discount
Upon
presentation of the staff identification card, employees rostered to work on
match days will receive a 20 per cent discount off the normal purchase price
for food and beverage (excluding alcoholic beverages) purchased from any
on-site food and beverage outlet managed by our on-site catering service
provider. This discount does not apply to any third party catering or franchise
arrangements.
13. Uniforms
(a) The employer
will provide a uniform to staff where applicable.
1. Uniforms will
consist of any SCGT apparel issued to staff during the course of their
employment including but not limited to; trousers, skirts, shirts, jackets,
vests, jumpers, ties, scarves, hats, armbands, wet weather jackets and name
badges.
(b) Where uniforms
are issued to staff other than on a daily basis;
1. All new
Employees who commenced after 1 October 2009 will be required to pay a $50.00
uniform bond on commencement of employment which shall be refunded when the
uniform is returned in good condition, fair wear and tear accepted.
2. The bond will
be paid via payroll deduction and can be made as one deduction of $50.00 or
instalments of $10.00 per deduction per pay over five pay periods.
3. The Employee shall
be responsible for the laundering of the uniforms. A laundry allowance of $1.00
per shift shall be paid into the Employee’s nominated bank account.
4. Uniforms shall
remain the property of the Employer and shall be returned to the Employer on
the termination of an Employee’s employment.
5. All uniforms
issued to an employee are to be returned within two (2) months of the
Employee’s termination. Terminated Employees who do not return their full
uniform issue within two (2) months of termination will forfeit their deposit.
14. Overtime
(a) Overtime shall
be payable to an employee for all time worked:
1. In excess of
ten (10) hours per engagement on a particular event; or
2. In a day
generally observed as a public holiday.
(b) Overtime shall
be paid for at the rate of time and a half.
(c) Overtime rates
shall not apply for any attendance at non-event related meetings or training.
15. Public Holidays
Public Holidays shall be paid for at the rate of time
and a half.
The days on which New Year’s Day, Australia Day, Good
Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s
Birthday, Labour Day, Christmas Day, Boxing Day or any proclaimed day in lieu
thereof for the State of New South Wales shall be holidays.
16. Long Service
Leave
(a) Subject to
clause 13(b) below, Long Service Leave entitlement will be governed by the Long
Service Leave Act, 1955 (NSW).
(b) The parties to
this award acknowledge that prior to the date of this award, employees employed
by the Trust as match day employees (or event day employees) received an hourly
rate of pay which was loaded to compensate for entitlements arising from
legislation apply in the State of NSW in relation to long service leave.
17. Transport,
Security and Related Matters
(a) The employer
shall upon request of an individual employee provide a security escort from the
ground to the closest public transport late at night, where the employer is
able to provide it within a reasonable period of time.
(b) On any
particular event, an employee engaged as a Team Leader, Supervisor, Assistant
Supervisor, or who works one hour past the scheduled event finish time will be
eligible to park in MP1.
18. Employee
Consultation
(a) The Event Day
Staff Operations Committee (EDSOC) will meet during the life of this award to
identify and discuss workplace matters, which affect employees generally, but
which are not explicitly covered by this Award, such as staff facilities,
uniforms, training and other like workplace matters.
(b) The EDSOC will
be made up of management and employee nominated representatives. Wherever possible, all areas of match day
operations should be represented. Employee representatives will participate in
the EDSOC without loss of pay.
(c) The EDSOC will
meet as required, at a time suitable to both the employer and employees and at
the request of either party, but not less than quarterly.
(d) The operation of
the EDSOC in accordance with this clause does not override the dispute settling
procedure as contained in Clause 19 of this award.
19. Provision and Use
of Staff Seating
Where practicable, seating shall be provided to
employees where prolonged periods of standing would otherwise be required. The
use of such seating shall be subject to customer service requirements and
guidelines as reasonably determined by the Trust, having regard to its
Occupational Health and Safety obligations.
20. Implementation of
the Non-Smoking Policy
All employees shall have access to and shall abide by
and follow the procedures of the non-smoking policy developed by the employer
in relation to patrons smoking in and around the Trust venues.
21.
Anti-Discrimination
(a) It is the
intention of the Trust 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 identify, age and
responsibilities as a carer.
(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 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.
(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 it to be taken to affect:
1. any conduct or
act which is specifically exempted from anti-discrimination legislation;
2. any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
3. 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.
22. Grievance and
Dispute Procedures
19.1 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 shall
be followed:
(a) The matter is
discussed between the staff member(s) and the supervisor involved. If the
matter is not resolved, then:
(b) The employee may
be required to provide in writing the substance of the grievance and state the
remedy sought.
(c) The matter is
then discussed between the staff member(s), the supervisor and the manager. If
the matter remains unresolved, then:
(d) 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:
(e) The matter is
discussed between senior representatives of the organisation and the relevant
union and/or staff member(s) representative.
(f) Each of the
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.
(g) 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.
(h) 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.
(i) It is agreed
that the parties will not deliberately frustrate or delay these procedures.
(j) Normal work
will continue without disruption while these procedures are followed.
23. No Extra Claims
Subject to clause 24, Calculation of Flat Hourly Rate,
this award comprehensively settles all employment conditions in respect of the
employees covered by this award. The MEAA undertakes not to pursue any extra
claims whatsoever for the duration of this award.
24. Calculation of
Flat Hourly Rate
The rates in this award have been calculated on the
assumption that 60% of events fall in the period Monday to Saturday and 40% of
events fall on a Sunday or a public holiday.
Should this ratio change significantly, either party on 1
January each year can request a review of the rates to reflect the change.
25. Award Observance
For the purpose of ensuring the observance of this
award, the employer will:
(a) subject to prior
consultation with the employer, provide that representatives of the MEAA will
have reasonable access to all places of work for the purposes of interviewing
and holding meetings with their members in non-work time; and
(b) ensure that a
copy of this award and matters relating to this award be posted on a notice
board in a centrally located position.
26. Commitment to
Further Negotiations
The parties to this award agree to commence discussions
for a new award nine months prior to the expiration of the nominal term of this
award.
27. Signing of Award
In recognition of their acceptance of the terms and
conditions of this award the parties have signed below as indicated.
PART B
RATES OF PAY
|
Current Rates
|
1 October 2011
|
1 October 2012
|
1 October 2013
|
|
Ordinary
|
Overtime
|
Ordinary
|
Overtime
|
Ordinary
|
Overtime
|
Ordinary
|
Overtime
|
|
flat rate
|
and Public
|
flat rate
|
and
|
flat rate
|
and
|
flat rate
|
and Public
|
|
|
Holiday
|
|
Public
|
|
Public
|
|
Holiday
|
|
|
|
|
Holiday
|
|
Holiday
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
POSITION
|
2.5%
|
|
2.5%
|
|
2.5%
|
|
2.5%
|
|
Customer
Service Positions
|
|
|
|
|
|
|
|
|
Usher/Attendant
|
25.32
|
37.98
|
25.95
|
38.93
|
26.60
|
39.90
|
27.27
|
40.91
|
Pressure
point
|
26.64
|
39.96
|
27.31
|
40.97
|
27.99
|
41.99
|
28.69
|
43.03
|
Team
Leader
|
28.77
|
43.15
|
29.49
|
44.24
|
30.23
|
45.34
|
30.99
|
46.49
|
Supervisor
|
32.23
|
48.34
|
33.04
|
$49.56
|
33.87
|
50.80
|
34.72
|
52.08
|
- Staff Entry
|
|
|
|
|
|
|
|
|
Crowd
Safety Positions
|
|
|
|
|
|
|
|
|
Crowd
Safety Officers
|
30.49
|
45.74
|
31.25
|
46.88
|
32.03
|
48.05
|
32.83
|
49.25
|
- Paddington Lane Gatehouse
|
|
|
|
|
|
|
|
|
Crowd
Safety Supervisor
|
34.16
|
51.24
|
35.01
|
52.52
|
35.88
|
53.83
|
36.78
|
55.17
|
- Event Control
|
|
|
|
|
|
|
|
|
- Process Room
|
|
|
|
|
|
|
|
|
- Report Writer
|
|
|
|
|
|
|
|
|
Control
1 & 2 / Base
|
36.69
|
55.03
|
37.61
|
56.42
|
38.55
|
57.83
|
39.51
|
59.27
|
|
|
|
|
|
|
|
|
|
Non-Event Attendance Rate
|
20.00
|
20.00
|
20.00
|
20.00
|
20.00
|
20.00
|
20.00
|
20.00
|
ALLOWANCES
|
|
|
|
|
|
|
|
|
Uniform
Allowance (per shift)
|
1.00
|
1.00
|
1.00
|
1.00
|
1.00
|
1.00
|
1.00
|
1.00
|
D.W.
RITCHIE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.