THE AUSTRALIAN JOCKEY CLUB
TRACK MAINTENANCE AND ANCILLARY STAFF AWARD 2003
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Employers
First, an organisation of employers and a State Peak Council for Employers.
(No. IRC 5836 of 2003)
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Before The Honourable
Justice Schmidt
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24 October 2003
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AWARD
1. Title
This consent award shall be referred to as the Australian
Jockey Club Track Maintenance and Ancillary Staff Award 2003.
2. Arrangement
Clause No. Subject Matter
PART A
1. Title
2. Arrangement
3. Parties
to the Award
4. Statement
of Intent
5. Anti
Discrimination
6. Contract
of Employment
7. Classification
Structure
8. No Extra
Claims
9. No
Reduction in Standards
10. Labour Flexibility,
Skills Utilisation, Training and Development
11. Annual
Leave
12. Annual
Leave Loading
13. Personal
Carer’s Leave
14. Sick Leave
15. Long
Service Leave
16. Bereavement
Leave
17. Redundancy
18. Payment of
Wages
19. Mixed
Functions
20. Working in
the Rain
21. Meal and
Change Rooms
22. Night
Racing
23. First-aid
24. Tools
25. Occupational,
Health & Safety
26. Reasonable
Overtime
27. Protective
Equipment
28. Recalled
to Work
29. Jury
Service
30. Disputes
Procedure
31. Consultative
Procedure
32. Area,
Incidence and Duration
PART B ROYAL RANDWICK
RACECOURSE
33. Hours of
Work and Rosters
34. Overtime
and Sundays
35. Public
Holidays
36. Day in
Lieu Procedure
37. Royal
Randwick Monetary Rates
PART C WARWICK FARM
RACECOURSE
38. Hours of
Work
39. Rostered
Day Off Banking
40. Overtime
41. Public
Holidays
42. Warwick
Farm Monetary Rates
3. Parties to the
Award
The parties to this award are:
The Australian Jockey Club (AJC)
The Australian Workers Union, New South Wales (AWU) and
its members employed in the occupations detailed in clause 7, Classification
Structure.
4. Statement of
Intent
4.1 This Award has
been designed to facilitate the smooth establishment and ongoing organisational
development of the AJC at Royal Randwick and Warwick Farm Racecourse.
4.2 The parties
are committed through this Award to supporting and maintaining the AJC's vision
as Australia's premier thoroughbred racing organisation.
The parties are committed to:
(a) Efficiencies and
productivity being constantly reviewed and improved and thereby allowing the
AJC to compete against other racing, gaming and wagering organisations on a
cost-effective basis.
(b) The creation
and maintenance of a harmonious employee relations environment which is
typified by consultation and participation which supports the AJC's vision.
(c) The provision
of a framework within which the AJC can generate interesting and fulfilling
work and develop systems which allow employees to reach their full potential
while simultaneously maximising the efficiency and productivity of the AJC.
(d) The creation
of a co-operative working environment, where quality and pride of working for
the AJC are fostered and that any issues of demarcation are eliminated.
5. Anti-Discrimination
5.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 (NSW) to prevent and
eliminate discrimination in the workplace on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
5.2 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.
5.3 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.
5.4 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.
5.5 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.
Notes
(a) Employers and employees
may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this 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."
6. Contract of
Employment
6.1 Employees may
be engaged on a full-time, fixed term, part-time or casual basis.
6.2 Full-time
Employment
Except for the first four months of employment, which
shall be probation, full time employees will be employed on a weekly
basis. Probationary appointed employees
shall be reviewed continuously throughout the probationary period and any
deficiencies in performance brought to their attention.
Employees unable to satisfactorily meet all criteria by
the end of the probation period will be dismissed.
6.3 Part-time
Employment
(a) A part-time
employee is a weekly employee who is employed to work less than the full hours
of full-time employees.
(b) A part-time
employee shall be engaged for a minimum of four hours for each engagement.
(c) Part-time
employees shall receive the same entitlements as full-time employees but on a pro-rata
basis.
(d) Part time
employees shall be paid per day at one fifth of the weekly aggregate wages and
may be required to work any of the rostered hours of full time employees.
(e) Where required
to work for less than a full day they shall be paid a proportion of a day’s
pay.
6.4 Fixed Term
Employment
A fixed term employee shall be employed for a
particular task with a known or estimated completion date which will be advised
at the time of engagement.
6.5 Casual
Employment
Casual employees shall be paid on an hourly basis of
the appropriate weekly rate as contained in the Race Club Employees (State)
Award published 24 August 2001 (327 IG 95).
Casuals will be used as required and may be called upon to work in any
position in which they can satisfactorily perform either through skills and
experience or by direct supervision and instruction. In addition to the hourly rate a loading of 15% to compensate for
the casual nature of the employment shall be paid.
6.6 Termination of
Employment
Employees, other than casuals, shall be employed by the
week and their engagements shall only be terminated by a week’s notice on
either side, to be given at any time during the week, or by the payment or
forfeiture, as the case may be, of a week’s wages in lieu thereof.
6.7 Employees are
responsible for the care and safe keeping of all AJC property issued to them
and shall return each item to the AJC on termination of employment. In default, the AJC may deduct, from wages
or salary due, an amount equal to the replacement value. AJC issued clothing and protective equipment
shall remain the property of the AJC and shall be returned on termination of
employment.
6.8 Employees
shall perform all work in all areas as the AJC may reasonably require, to the
limit of the skills and competence of the employee and the task required to be
undertaken, including the working of reasonable overtime.
7. Classification
Structure
Racecourse Employee Level 1:
An employee without trade qualifications performing
gardening or general track maintenance work including but not limited to:
The operation of:
General tractors and mowers (with or without
attachments), Mechanical spray operators;
‘pto’ equipment including dedicated power sweepers and
power harrows.
Racecourse Employee Level 2:
Holder of a Trade Certificate relevant to the work
being performed;
Mechanic;
Track crossing attendant, track office administrator
(early morning trackwork);
An employee principally employed to operate plant and
who is qualified, capable and is required to operate all the specialised
mechanical plant used by the employer (except a grader over 80 h.p.), in
addition to tractors and front end loaders with or without attachments. Such specialised mechanical plant may
include back hoes, fork lifts, front end loaders and similar plant requiring
qualification and barrier tractors.
Racecourse Employee Level 3:
Plant Operator 2 - an employee principally employed to
operate plant and who is qualified, capable and is required by the AJC to
operate a grader over 80 h.p. in an addition to the plant driven by Racecourse
Employee Level 2.
Racecourse Employee Level 4:
Track leading hand or foreperson, gardens leading hand
or foreperson, pool attendant, senior track crossing attendant.
8. No Extra Claims
None of the parties to this award shall pursue any extra
claims, award or over award.
9. No Reduction in
Standards
This Award shall not operate so as to cause a current employee
as at the date of this Award to suffer a reduction in ordinary time earnings
provided by any award, agreement or overaward arrangements in operation at the
time of the making of this Award.
10. Labour
Flexibility, Skills Utilisation, Training and Development
10.1 Labour
Flexibility
For the purpose of increasing productivity and
flexibility as well as enhancing opportunities for employees:
(a) Employees
shall perform all work and operate all equipment within the classification in
which they are employed and those of lower classifications.
(b) Employees
shall perform work which is incidental or peripheral to the duties of their
classification, including the operation and routine maintenance of all
mechanical equipment.
(c) Employees
shall not impose or continue to enforce demarcation barriers on the tasks they
are to perform (provided such tasks are within the skills and competence of the
employee concerned).
(d) Flexibility of
Labour will be enhanced by track maintenance hands, garden staff and cleaning
staff may be allocated to other (AWU type) jobs e.g., track maintenance staff
may be allocated to assist gardeners. Another example is that cleaners may be
allocated to assist in track maintenance or gardening when required or
gardeners may perform knocking-in duties on race days.
(e) Employees
shall take all reasonable steps to achieve quality, accuracy and completion of
any job or task assigned by the AJC.
(f) Employees
shall perform all work in all areas as the AJC may reasonably require, to the
limit of the skills and competence of the employee and the task required to be
undertaken including the working of reasonable overtime.
(g) The parties to
this award acknowledge that for the efficient running of the AJC an employee
engaged at Randwick or Warwick Farm Racecourse prior to 2001 may be required to
perform duties at both courses. Such a
transfer may occur on individual days or consecutive days but no longer than
four months in any one calendar year.
(h) This clause
shall not operate on a permanent transfer basis. In cases of temporary transfer
the employee may be required to commence and finish work at the normal start
and finish times operating at either Randwick or Warwick Farm Racecourses
subject to the following:
(a) The employees
ability to provide their own appropriate transport.
(b) Consideration
of individuals family/carer responsibilities.
(c) Negotiation of
an acceptable amount of compensation for fares/tolls, vehicle wear and tear and
petrol.
(i) Employees engaged
after the making of this Award may be required to work at Randwick and Warwick
Farm commencing and finishing work in accordance with the respective times.
10.2 Skills
Utilisation
(a) Training and
development shall be subject to the AJC's skill requirements. It is the aim of the parties to this Award
that all employees shall be provided with opportunities for training and
development, encouraging the formation of a flexible, highly skilled and
committed workforce, enjoying maximum job satisfaction.
(b) Employees will
move between tasks and functions within their appointed classifications and
skills and competency levels in order to apply and develop their skills to meet
AJC objectives. In moving employees
between tasks and functions and in regrouping tasks and functions the AJC will
consult with the employees and consider:
(i) the career
development needs of individuals;
(ii) the efficient
organisation of work;
(iii) any personal
and geographic considerations.
(c) The process
described in paragraph (b) of this subclause shall not include those functions
or tasks where the safety of an employee learning "on the job" cannot
be guaranteed by the AJC or where an essential requirement of a formal
qualification limits the process.
(d) Processes will
be adopted to facilitate the skills enhancement and career development
opportunities of employees whilst promoting aims and objectives of the AJC.
10.3 Training &
Development
(a) The parties
confirm a commitment to training and skill development for employees in
accordance with the needs of the AJC.
(b) The types of
training needs which shall be met include:
(i) training
required to increase the level of competency of the employees;
(ii) training required
through the creation of new tasks, restructuring of existing tasks and/or
multi-skilling;
(iii) training
required to assist employees to pursue, where possible, their preferred career
paths and to improve their opportunities for career advancement;
(iv) the provision
of training, shall be undertaken in line with the Clubs EEO policy and
procedures.
11. Annual Leave
See Annual Holidays Act 1944.
12. Annual Leave
Loading
12.1 In this clause
the Annual Holidays Act 1944, is referred to as the Act.
12.2 Before an
employee is given and takes an annual holiday, or whereby agreement between the
AJC and employee the annual holiday is given and taken in more than one
separate period, then before each of such separate periods, the AJC shall pay the
employee a loading determined in accordance with this clause. (NOTE: The obligation to pay in advance does
not apply where an employee takes an annual holiday wholly or partly in advance
- see subclause 12.5 of this clause.)
12.3 The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act.
12.4 The loading is
the amount payable for the period or the separate period, as the case may be,
at the rate per week of 17.5% of the appropriate ordinary weekly time rate of
pay prescribed by this award for the classification in which the employee was
employed immediately before commencing his annual holiday.
12.5 No loading is
payable to an employee who takes an annual holiday wholly or partly in advance;
provided that, if the employment of such an employee continues until the day
when the employee would have become entitled under the Act to an annual
holiday, the loading then becomes payable in respect of the period of such
holiday and is to be calculated in accordance with subclause 12.4 of this
clause applying the award rates of wages payable on that day.
12.6 If the AJC’s
establishment or part of it is temporarily closed down for the purpose of
giving an annual holiday or leave without pay to the employees concerned:
(a) an employee
who is entitled under the Act to an annual holiday and who is given and takes
such a holiday shall be paid the loading calculated in accordance with
subclause 12.4 of this clause;
(b) an employee who
is not entitled under the Act to an annual holiday and who is given and takes
leave without pay shall be paid in addition to the amount payable under the Act
such proportion of the loading that would have been payable under this clause
if the employee had become entitled to an annual holiday prior to the
close-down as the employee’s qualifying period of employment in completed weeks
bears to 52.
12.7
(a) When the
employment of an employee is terminated by the AJC for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled after the employee shall be paid a loading calculated in accordance
with subclause 12.4 of this clause for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause no loading is payable on the
termination of an employee’s employment.
13. Personal Carer’s
Leave
13.1 Use of Sick
Leave
(a) An employee
other than a casual employee, with responsibilities in relation to a class of
person set out in subclause 13.1(c)(iii) who needs the employee’s care and
support shall be entitled to use, in accordance with this subclause, any
current or accrued sick leave entitlement provided for at 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.
(b) 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.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care and support of the person concerned: and
(ii) the person
concerned being:
(iii) a spouse of
the employee; or
(1) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(2) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial), 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
(3) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(4) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(a) "relative"
means a person related by blood, marriage or affinity;
(b) "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(c) "household"
means a family group living in the same
domestic dwelling.
(d) An employee
shall, wherever practicable, give the AJC 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 AJC by telephone of such absence at the first opportunity on
the day of absence.
13.2 Unpaid Leave
for Family Purpose
An employee may elect, with the consent of the AJC, to
take unpaid leave for the purpose of providing care and support to a member of
a class of person set out in subclause 13.1(c)(iii) above who is ill.
13.3 Annual Leave
(a) An employee
may elect with the consent of the AJC, 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.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and AJC may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
13.4 Make-up Time
(a) An employee
may elect, with the consent of the AJC, 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.
(b) An employee on
shift work may elect, with the consent of the AJC, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
13.5 Time Off in
Lieu of Payment for Overtime
(a) 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 12 months of
the said election.
(b) 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.
(c) If, having
elected to take time as leave in accordance with paragraph (a) 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 12 month period or on
termination.
(d) Where no
election is made in accordance with paragraph (a) of this subclause the
employee shall be paid overtime rates in accordance with the award.
13.6 Rostered Days
Off
(a) An employee
may elect, with the consent of the employer to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purposes 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 employee or the employer.
14. Sick Leave
14.1 Subject to the
production of evidence satisfactory to the AJC, a full-time employee shall be entitled
to fifteen (15) days sick leave on full pay per year of service.
14.2 Such sick leave
shall be cumulative for twelve years from the end of the year in which it
accrues.
15. Long Service
Leave
See Long Service Leave Act 1955.
16. Bereavement Leave
16.1 An employee
other than a casual employee shall be entitled to up to two days bereavement
leave without deduction of pay on each occasion of the death of a person
prescribed in subclause 13.1(c)(iii) Personal Carer’s Leave.
16.2 The employee
must notify the AJC as soon as practicable of the intention to take bereavement
leave and will, if required by the AJC, provide to the satisfaction of the AJC
proof of death.
16.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of Personal/Carer’s Leave in subclause
13.1(c)(iii), provided that for the purpose of bereavement leave, the employee
need not have been responsible for the care of the person concerned.
16.4 An employee shall
not be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
16.5 Bereavement
leave may be taken in conjunction with other leave available under subparagraph
(i), (ii), (iii) and (iv) of paragraph (c) of subclause 13.1 of clause 13,
Personal Carer’s Leave. In determining
such a request the AJC will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
17. Redundancy
17.1 Application
(a) This clause
shall apply in respect of full-time and part-time employees.
(b) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on AJCs shall be no more than to give such employees an indication
of the impending redundancy at the first reasonable opportunity, and to take
such steps as may be reasonable to facilitate the obtaining by the employees of
suitable alternative employment.
(c) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
17.2 Introduction of
Change
(a) AJC’s duty to
notify
(1) Where the AJC
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 AJC shall notify the employees who may be affected by the
proposed changes and the union to which they belong.
(2) ‘Significant
effects’ include termination of employment, major changes in the composition,
operation or size of the AJC’s workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
(3) Provided that
where the award makes provision for alteration of any of the matters referred
to herein, an alteration shall be deemed not to have significant effect.
(b) AJC’s duty to
discuss change
(1) The AJC shall
discuss with the employees affected and the union to which they belong, inter
alia, the introduction of the changes referred to in paragraph (a) of this
subclause, the effects the changes are likely to have on employees and measures
to avert or mitigate the adverse effects of such changes on employees, and
shall give prompt consideration to matters raised by the employees and/or the
union in relation to the changes.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the AJC to make the changes referred to in paragraph (a) of this subclause.
(3) For the
purpose of such discussion, the AJC shall provide to the employees concerned
and the union to which they belong all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees provided
that the AJC shall not be required to disclose confidential information the
disclosure of which would adversely affect the AJC.
17.3 Redundancy
(a) Discussions
before terminations
(1) Where the AJC
has made a definite decision that the AJC no longer wishes the job the employee
has been doing done by anyone pursuant to subparagraph (1) of paragraph (a) of
subclause 17.2 above, and that decision may lead to the termination of
employment, the AJC shall hold discussions with the employees directly affected
and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after the AJC has made a
definite decision which will invoke the provision of subparagraph (1) of
paragraph (a) of this subclause and shall cover, inter alia, any reasons for
the proposed terminations, measures to avoid or minimise the terminations and
measures to mitigate any adverse effects of any termination on the employees
concerned.
(3) For the
purposes of the discussion the AJC shall, as soon as practicable, provide to
the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that the AJC shall not be required to disclose confidential
information the disclosure of which would adversely affect the AJC.
17.4 Termination of
Employment
(a) Notice for
changes in production, programme, organisation or structure
This subclause sets out the notice provisions to be
applied to terminations by the AJC for reasons arising from
"production", "programme", "organisation" or
"structure" in accordance with subclause 17.2(a)(1) above.
(1) In order to
terminate the employment of an employee the AJC shall give to the employee the
following notice:
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Period of Continuous Service
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Period of Notice
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|
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Less than 1 year
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1 week
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1 year and less than 3 years
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2 weeks
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3 years and less than 5 years
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3 weeks
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5 years and over
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4 weeks
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(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week’s notice.
(3) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b) Notice for
technological change
This subclause sets out the notice provisions to be
applied to terminations by the AJC for reasons arising from
"technology" in accordance with subclause 17.2 (a)(1) above:
(1) In order to
terminate the employment of an employee the AJC shall give to the employee 3
months notice of termination.
(2) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the AJC for the purposes of the Long Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
(c) Time off
during the notice period
(1) During the
period of notice of termination given by the AJC, an employee shall be allowed
up to one day’s time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purposes of seeking other employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the AJC, be required to produce proof of attendance at an interview
or the employee shall not receive payment for the time absent.
(d) Employee
leaving during the notice period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be entitled
to the same benefits and payments under this clause had the employee remained
with the AJC until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled
to payment in lieu of notice.
(e) Statement of
employment
The AJC shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
(f) Notice to
Centrelink
Where a decision has been made to terminate employees,
the AJC shall notify the Centrelink thereof as soon as possible giving relevant
information including the number and categories of the employees likely to be affected
and the period over which the terminations are intended to be carried out.
(g) Centrelink
Separation Certificate
The AJC shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by the
Centrelink.
(h) Transfer to
lower paid duties
Where an employee is transferred to lower paid duties
for reasons set out in paragraph (a) of subclause 17.2 above, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee’s employment had been terminated,
and the AJC may at the AJC’s option make payment in lieu thereof of an amount
equal to the difference between the former ordinary time rate of pay and the
new ordinary time rates for the number of weeks of notice still owing.
17.5 Severance Pay
(a) Where an
employee is to be terminated pursuant to subclause 17.4 above, subject to
further order of the Industrial Relations Commission, the AJC shall pay the
following severance pay in respect of a continuous period of service:
(1) If an employee
is under 45 years of age, the AJC shall pay in accordance with the following
scale:
|
Under 45 Years of Age
|
Years of Service
Age Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(2) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
|
Years of Service
|
45 Years of Age and
Over Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
(3) ‘Weeks pay’
means the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances provided for in the relevant award.
(b) Incapacity to
pay
Subject to an application by the AJC and further order
of the Industrial Relations Commission, the AJC may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) of this subclause
above.
The Industrial Relations Commission shall have regard
to such financial and other resources of the AJC concerned as the Industrial
Relations Commission thinks relevant, and the probable effect paying the amount
of severance pay in paragraph (a) of this subclause above will have on the AJC.
(c) Alternative
employment
Subject to an application by the AJC and further order
of the Industrial Relations Commission, the AJC may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) of this subclause
above if the AJC obtains acceptable alternative employment for an employee.
17.6 Savings Clause
Nothing in this award shall be construed so as to
require the reduction or alteration of more advantageous benefits or conditions
which an employee may be entitled to under any existing redundancy arrangement,
taken as a whole, between the union and any AJC bound by this award.
18. Payment of Wages
18.1 Wages shall be
paid by electronic funds transfer unless otherwise agreed by the AJC. Compensation for any costs associated with
the EFT deposits or withdrawals is included in the weekly wage set out in
clauses 37 and 42 of this Award.
18.2 Wages shall be
paid on a fixed day not later than Friday of each week. Provided that by agreement between the AJC
and the majority of employees wages may be paid fortnightly. Provided further that from 2002 the AJC may
elect to pay fortnightly by giving one months notice.
18.3 Employees who
are paid cash shall be paid during ordinary working hours and any employee who
has to wait after ordinary ceasing time on pay day to receive wages shall be
paid at ordinary time rates for all time the employee is kept waiting to be
paid.
18.4 When an
employee is paid by means of electronic funds transfer the provisions relating
to waiting time shall not apply. In
lieu thereof, when an employee’s wages are not in the relevant employee’s
nominated account on the designated pay day the AJC, if required to do so by
the employee, shall provide the employee’s wages to the employee in cash by
conclusion of the next day’s shift and in any case no later than Friday.
18.5 An employee may
elect to sacrifice part of the employees salary to be an additional superannuation
contribution above the rate prescribed by the Superannuation Guarantee Charge
Act 1992.
Where salary sacrifice contributions are to be made on
behalf of an employee to the AJC Superannuation Plan, the wage rates prescribed
by Table 1 of clauses 37 and 42 shall (in respect of such an employee) include
a component being the salary sacrifice contribution. That is, that part of the wage rate representing the salary
sacrifice contribution chosen by the employee, shall be paid as a contribution
by the AJC direct to the AJC Superannuation Plan. As a consequence, the employees taxable salary shall equal the
relevant wage rate less the salary sacrifice contribution (if any).
19. Mixed Functions
19.1 An employee,
who is required to perform on any day work for which a higher rate of wage than
that prescribed for the employee’s ordinary classification, shall be paid as
follows:
(a) If required to
perform such work for eight hours or more, payment shall be at the higher (or
highest, as the case may be) rate of wage prescribed for the work performed;
(b) If required to
perform such work for less than eight hours, payment shall be at the higher (or
highest, as the case may be) rate of wage prescribed for the time actually
occupied on such work.
19.2 An employee who
is required to perform, on any day, work for which a lower rate of wage than
that prescribed for the employee’s ordinary classification shall suffer no
reduction in pay in consequence thereof.
20. Working in the
Rain
All employees called upon to work in the rain shall be
supplied by the AJC, free of charge, gum boots, or other protective clothing
subject to safe working practices being observed.
21. Change and Meal
Room
The AJC shall provide free of charge at each place where
this award applies, a change and meal room furnished with lockers, tables and
seats for use by employees. Such room
shall be used exclusively as a change and meal room. Boiling water shall be provided, free of charge, and shall be
available to employees at the commencement of meal breaks.
22. Night Racing
In the event that night racing, on any night, Monday to
Friday, is introduced during the life of this Award the parties agree to enter negotiations
to address the specific needs associated with conducting such events at Royal
Randwick. In the absence of any
agreement arising out of those discussions, the following broad principles will
apply:
22.1 Employees who
are required to work on a night meeting will not be rostered and will not be
paid for their ordinary hours, during the day, of a night meeting.
22.2 Employees
working at a night meeting will be rostered for six (6) hours work (inclusive
of a 30 minute meal break) on the night of the meeting.
22.3 The six hour
period will be worked without any deduction in pay. Employees shall also receive a night racing allowance, for each
meeting of $54.10.
Employees will resume work at their normal starting
time the next day.
22.4 Where possible,
the employees rostered for work at night meetings will be drawn from employees
who have expressed a willingness to work night meetings.
22.5 Employees will
be alternated, where possible, to work during the day or at a night meeting.
People working at a night meeting will do so provided they are appropriately
skilled and experienced to carry out the work required in all positions
necessary to conduct a race meeting. In
some circumstances casual employees may be engaged to work during the day.
22.6 Night meetings
will be staffed in a similar manner to the Randwick mid-week day meetings
including the employment of some casual labour. All employees engaged for a Night Racing Roster including casuals
will be paid the Night Racing Allowance as set out in subclause 22.3 of this
Award.
In the event that a night meeting is scheduled on a
night other than Monday to Friday the matter will be subject to further
negotiation between the parties to this Award.
23. First Aid
A first-aid outfit shall be provided by the AJC at each
course where this Award applies.
24. Tools
All tools required by employees shall be provided, free of
charge, by the AJC.
25. Occupational
Health and Safety
25.1 The AJC prides itself
on quality occupational health and safety standards. It is recognised that the benefits to be gained from effective
health and safety programs are significant both in human and economic terms.
25.2 The AJC is
responsible for taking all reasonable and practical action to achieve and
maintain a performance level, which safeguards the health and safety of all
employees in accordance with relevant Occupational Health and Safety
legislation.
25.3 All employees
are to be involved in safety matters and hence, to contribute to the reduction
of hazards. Employees are to:
(a) identify and
reduce the risk associated with all types of work-related events that may
produce injury or illness; or
(b) identify,
measure and control to safe levels any physical agents in the workplace capable
of causing ill health; and
(c) promote the
good health and welfare of employees;
(d) report any
perceived hazard to the immediate supervisor;
(e) report any
work related injury, no matter how minor to their supervisor;
(f) wear any
safety clothing, footwear, equipment issued and specified for the job.
25.4 The AJC's
management is committed to the continuous monitoring and upgrading of its
occupational health and safety policy to ensure the highest standards are
met. The AJC shall where appropriate:
(i) provide
information, instructions and training of employees to increase personal
understanding of safe work practices, workplace hazards and principles of
hazard control; and
(ii) maintain a
close relationship with employees and regulatory authorities in the development
of standards and future strategies.
25.5 The
occupational health and safety committee shall be convened subject to the
provisions of the relevant legislation and the regulations thereto and shall
meet at intervals not less frequent than specified in the regulations.
26. Reasonable
Overtime
26.1 Subject to
paragraph (2) below, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for in this award.
26.2 An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours, which are unreasonable.
26.3 For the
purposes of paragraph (2) below what is unreasonable or otherwise will be
determined having regard to:
(1) any risk to
employee health and safety;
(2) the employee’s
personal circumstances including any family and carer responsibilities;
(3) the needs of
the workplace or enterprise;
(4) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(5) any other
relevant matter.
27. Protective
Equipment
Employees required to use pesticides, weedicides or
poisonous sprays shall be provided with such protective clothing and equipment
as is recommended by the manufacturer’s specifications. Provided that no employee shall be required
to use pesticides, weedicides or poisonous sprays unless that employee has been
given instruction on their safe handling and use.
28. Recall to Work
An employee recalled from his home to work overtime, after
having left the premises of the AJC, shall be paid a minimum of four hours at
overtime rates.
29. Jury Service
An employee on weekly hiring required to attend for jury
service during his ordinary working hours shall be reimbursed by the AJC an
amount equal to the difference between the amount paid in respect of his/her
attendance for such jury service and the amount of wage he/she would have
received in respect of the ordinary time he/she would have worked had he/she
not been on jury service.
An employee shall notify the AJC as soon as practicable of
the date upon which he/she is required to attend for jury service, and shall provide
the AJC with proof of his/her attendance, the duration of such attendance and
the amount received in respect thereof.
30. Disputes
Procedure
30.1 The aim of this
procedure is to ensure that, during the term of this Award, industrial
grievances or disputes are prevented or resolved as quickly as possible at the
level they occur in the workplace. At
any time during the procedure an employee may elect to be represented by an
official of their union. During the
life of the Award there shall be no disruption to or cessation of normal work
other than in relation to bona fide safety issues. In the event of a safety issue the grievance procedure shall be
followed.
30.2 Where a dispute
or grievance arises, or is considered likely to occur the steps below are to be
followed. In order to permit the
peaceful resolution of grievances, the status quo shall remain and work shall
continue as normal while the industrial grievance procedure is being followed,
(status quo shall mean the situation existing immediately prior to the dispute
or the matter giving rise to the dispute).
Step 1
The matter is discussed between the employee(s) and the
immediate supervisor involved. If the
matter remains unresolved only then, follow Step 2.
Step 2
The matter is discussed between the employee, the
employees' representative if the employee so wishes and the supervisor
involved. If the matter remains
unresolved, only then, follow Step 3.
Step 3
The matter is discussed between the employee, the
employee's representative if the employee so wishes, the supervisor and the
departmental manager. If the matter
remains unresolved only then, follow Step 4.
Step 4
The matter is discussed between the departmental
manager, the human resources manager and the employee's representative and/or
union official if the employee so wishes.
If the matter remains unresolved only then, follow Step 5.
(Where it is agreed by the employee and departmental
manager Steps 1 to above may be conducted concurrently.)
Step 5
The matter is discussed between senior representatives
of the company and the relevant union if the employee is represented by a
union. The parties agree to exhaust the
processes of conciliation before considering Step 6. It is also agreed that the parties will not deliberately
frustrate or delay these procedures.
Step 6
The matter may be referred by either party to the
Industrial Relations Commission of New South Wales in order for the Commission
to exercise its functions under the Industrial Relations Act 1996
31. Consultative
Process
31.1 A consultative
process shall be established with the aim of achieving real improvements in
employee/management relations, and to facilitate the cultural change to address
the real problems and challenges that lie ahead on the road to achieving world
best practise in the Racing Industry.
31.2 A consultative
committee charter is to be fully developed and put into place to enable the
committee to function effectively.
(a) Consultative
Committee Agreement
(i) Preamble
In agreeing to form a Consultative Committee, all
parties, management and unions acknowledge the requirement for an atmosphere of
mutual trust and co-operation. The
overall purpose of the committee is to provide an environment for greater
communication and, in doing so, establish a forum in which employees are able
to express their points of view and thus an opportunity to influence management
decision making and also allow management to utilise employee knowledge and
experience.
(ii) Objective
The objectives will be to improve not only the standard
of working life but also the overall performance of all employees with the
ultimate aim of maintaining and where possible, improving the club's
competitiveness with the consequential improvement in job security.
In turn the provision of greater job satisfaction will
be achieved by developing and increasing employees' overall skills while at the
same time offering new and advanced employment opportunities.
(b) Two important
areas of operation are specifically excluded from the domain of the
Consultative Committee.
Industrial relations issues will be processed via the
normal disputes avoidance procedure.
Matters which by definition are the responsibility of
the Occupational Health & Safety Committee will be referred to that
committee.
(c) The level of
authority of the Consultative Committee is to give recommendations to
Management.
(d) One of the key
objectives of this Award is to achieve a learning based culture and the parties
undertake to remove all obstacles that prevent the achievement of this goal.
32. Area, Incidence
and Duration
32.1 This award
shall apply to the employees of the AJC at Royal Randwick and Warwick Farm
Racecourses within the jurisdiction of the Race Clubs Employees (State)
Industrial Committee, and motor mechanics and dirt track employees.
32.2 This Award
shall take precedence over any other award or agreement or understanding
between the parties.
32.3 Subject to
subclause 6.5, Table 2 in clause 37 and Table 2 in clause 42, this Award shall
operate to the exclusion of the Race Club Employees (State) Award published 24
August 2001 (327 IG 95).
32.4 This award
rescinds and replaces the Australian Jockey Club Track Maintenance and
Ancillary Staff Royal Randwick Award 2001 published 19 April 2002 (332 IG 1057)
as varied, and the Australian Jockey Club Track Maintenance and Ancillary Staff
Warwick Farm Award 2002 published 6 December 2002 (337 IG 294) as varied.
32.5 This award
shall operate from the beginning of the first pay period on or after 1 August
2003 and shall remain in force for a period of two years.
PART B
Royal Randwick
Racecourse
The following wages and conditions in Part B of this Award
shall apply to employees employed principally to work at Royal Randwick
Racecourse.
33. Hours of Work and
Rosters
33.1 All weekly
employees will be rostered for 5 days of 8 hours in each week. This includes 38 ordinary hours and 2
rostered overtime hours each week, payment for which is included in the aggregate
wage.
33.2 Employees will
be rostered for 8 hours duty per day on 5 days per week within the following
span:
|
Monday
|
7.00am to 6.00pm
|
|
Tuesday
|
7.00am to 6.00pm
|
|
Wednesday
|
7.00am to 6.00pm
|
|
Thursday
|
7.00am to 6.00pm
|
|
Friday
|
7.00am to 6.00pm
|
|
Saturday
|
7.00am to 8.00pm
|
33.3 Subject to
subclause 33.5 track crossing attendants and pool attendants may be required to
commence their ordinary hours of work at 4.00am or later.
33.4 Pool attendants
may be required to perform ordinary hours on any day of the week, provided that
such hours on Sundays shall be paid at the Sunday overtime rate. Pool Attendants may be required to perform 8
ordinary hours in split shifts of 4 hours each.
33.5 Where an employee
is required to perform duties in preparation for early morning trackwork such
as watering or general track crossing and his/her roster of ordinary hours has
a starting time earlier than 4.00am he/she will be paid a shift allowance of
15%.
33.6 The Dirt track
employees engaged in the operation of tractors and truck for the purposes of
renovating and maintaining the dirt track training surfaces may be required to
work eight ordinary hours between 4.00pm and 4.00am including split shifts.
33.7 The parties to
this Award recognise that employees engaged on the night shift may reasonably
request to transfer from the night shift roster to the day shift roster subject
to the operational requirements of the AJC and a reasonable period of
retraining.
33.8 Where starting
times are staggered, there shall be at least one hour between such times.
33.9 A 10 minute
paid rest period is taken at 11.50am to 12.00 midday. Lunch will commence at midday and conclude at 12.45pm.
33.10 Employees
working in the vicinity of their amenities shall be allowed sufficient working
time, to get to and from their amenities prior to their break and at the
cessation of their lunch break.
33.11 Employees
working other than in the vicinity of their amenities shall be allowed a maximum
of 5 minutes walking time to and from their amenities prior to their crib break
and at the cessation of their lunch break.
33.12 Wash up time
will be allowed 5 minutes prior to the normal finish time. This allowance may be varied by management
dependant upon the nature of the work performed.
33.13 Subclause 33.9
does not apply to trackhands who by agreement take a 30 minute lunch break
instead of 55 minutes (10 minute rest period and 45 minute lunch break). This is due to their 8.30am start and 4.50pm
finish times.
33.14 By agreement
between the club and an individual employee, the starting and finishing times
may be varied provided that the daily limitation is not exceeded.
33.15 Time worked
outside of the roster shall be paid as overtime.
33.16 Rosters will
only be changed by 14 days notice, or mutual agreement between the club and the
employee affected.
33.17 It is intended
that each employee will be rostered to attend work for 26 Saturdays per
year. Where more than 26 Saturdays are
rostered these shall be averaged out over a two year period to ensure all
employees work an even number of Saturdays.
33.18 All parties to
this agreement are committed to ensuring staffing levels or demands are met to
ensure productivity levels are maintained.
As far as possible AJC employees who are AWU members will be used to
meet any staffing or overtime requirements.
33.19 It is agreed
between the parties that as a rule there will be no opportunity for employees
to swap days or shifts. However,
employees may be permitted to do so on the following basis:
(a) The swap of
shifts is approved by the Racecourse Manager.
(b) No entitlement
or penalty for overtime is accrued by the relevant employees.
That is to say the swap occurs on a time off in lieu basis.
34. Overtime and
Sundays
34.1 Except as
otherwise provided, all work outside of the hours provided by Clause 33, Hours
of Work and Rosters, shall be overtime and paid for at the rate set out in Item
1 of Table 3 of clause 37 of this Award.
34.2 Work on race
day Sundays and non-race day Sundays will be paid at the rates shown in Item 2
and Item 3 of Table 3 of clause 37 of this Award.
34.3 If there is a
significant increase in Sunday racing dates, the matter will be subject to
further negotiation between the parties to this award during the life of the
award.
35. Public Holidays
35.1 Employees other
than casuals will be required to work on Public Holidays as part of his or her
normal roster without penalty with the exception of Christmas Day and Good
Friday.
35.2 An employee
other than a casual required to work overtime on a Public Holiday shall be paid
at the rate set out in Item 4 of Table 3 of clause 37 of Part B of this Award.
35.3 The days on
which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day,
and any other days which may be proclaimed as public holidays for the State of
New South Wales shall be holidays.
35.4 The first
Monday in March of each year also shall be a holiday as the union picnic day
unless another day off in lieu thereof is agreed between the AJC and an
employee or the majority of employees.
35.5 Employees
directed to report to work on a Sunday and not being required shall be paid a
minimum of four hours at overtime rates.
36. Day in Lieu
Procedure
Any day in lieu accrued for working overtime on a public
holiday must be taken within twelve months or it must be paid out.
On request of the employee any day in lieu may be paid out at
the relevant rate at any time.
37. Royal Randwick
Racecourse Monetary Rates
37.1 Wages
The minimum rates of pay for any classification shall
be set out in Table 1 Wages of this clause of this Award.
37.2 Aggregate Wage
- Full-time Employees
(a) The annual
aggregate wage compensates for and includes ordinary hours, rostered overtime,
penalties for Saturday work, overaward payments, service increment, industry
allowance, power mower etc. allowance, tractor allowance, pesticides and
weedicide allowance, horse handling allowance, clothing allowance and
electronic funds transfer.
(b) The following
allowances and payments are not included in the aggregate wage and will be paid
separately:
First Aid Allowance
Higher Duties Allowance
Annual Leave Loading
(c) The clothing
allowance will continue to be shown separately on Group Certificates.
(d) The aggregate
wages and allowances payable under this Award are set out in Table 1 of this
clause.
(e) The method of
calculation of the aggregate rate and rules of pay are as follows:
(i) The daily
rate shall be calculated by dividing the weekly rate by 5;
(ii) The hourly
rate shall be calculated by dividing the daily rate by 8; and
(iii) Such
calculations shall be made to the nearest ten cents.
37.3 Juniors
Junior employees shall be paid an annual aggregate
wage, which is the following percentages of the aggregate wage applying to an
adult grounds person:
|
At 18 years of age and under
|
60
|
|
At 19 years of age and under
20 years of age
|
80
|
|
At 20 years and under 21
years of age
|
100
|
37.4 Apprentices
(a) The annual
aggregate wage for four-year apprentices will be the following percentages of
the sum of the aggregate wage for an adult grounds person and the trade
qualification allowance:
|
Year
|
Percentage
|
|
|
|
|
1st year
|
58.5%
|
|
2nd year
|
58.5%
|
|
3rd year
|
68.5%
|
|
4th year
|
78%
|
(b) Subject to
attendance at TAFE, apprentices will be rostered to work the same hours as
other employees.
37.5 Allowances
(a) First Aid Allowance
An employee appointed by the AJC to perform first-aid
duties shall be paid a flat non compoundable allowance as set out in Item 1 of
Table 2 of this clause in addition to the ordinary rate of pay.
(b) Meal Allowance
(i) An employee required
to work overtime in excess of one hour, without being notified the day before
of a requirement to work overtime, shall either be provided with a meal by the
AJC or be paid the sum as set out in Item 2 of Table 2 of this clause and the
same amount for each subsequent meal.
(ii) If an
employee, pursuant to notice, has provided a meal and is not required to work
overtime, the employee shall be paid the amounts prescribed in subparagraph (i)
of this sub-clause.
(c) Night Shift
Dirt Track Maintenance Allowance
(i) A Level 1
employee who is engaged at night to perform dirt track maintenance shall be
paid a weekly allowance set out in Item 3.1 of Table 2 of this clause for each
week that they are on the roster.
(ii) A Level 2
employee who is engaged at night to perform dirt track maintenance shall be
paid a weekly allowance set out in Item 3.2 of Table 2 of this clause for each
week that they are on the roster.
(iii) A Level 3 or
4 employee who is engaged at night to perform dirt track maintenance shall not
receive any such allowance for the performance of such work.
(iv) Further, all
employees engaged at night to perform dirt track maintenance shall receive a
15% night shift loading calculated on the daily rate of pay for each day that
they are so engaged.
(d) Clothing
Allowance
A clothing allowance as set out in Item 4 of Table 2 of
this clause will be paid to all employees as part of the annual aggregate rate.
Employee Using Trade qualifications
A level 3 or 4 employee who holds and uses trade qualifications
relevant to the work being performed shall receive the weekly allowance in Item
5 of table 2 of this clause.
Table 1 - Wages
|
|
|
Aggregate Wage -
Weekly Equivalent
|
|
|
|
$/week
|
|
Classification
|
Current Rates
|
First pay period
|
First pay period
|
|
|
|
on or after
|
on or after
|
|
|
$
|
25 Aug 2003
|
25 Aug 2004
|
|
Racecourse Employee
|
808.00
|
840.30
|
873.90
|
|
Level 1
|
6.10
|
6.10
|
6.10
|
|
|
814.10
|
846.40
|
880.00
|
|
Racecourse Employee
|
834.70
|
868.10
|
902.80
|
|
Level 2
|
6.10
|
6.10
|
6.10
|
|
|
840.80
|
874.20
|
908.90
|
|
Racecourse Employee
|
857.00
|
891.30
|
927.00
|
|
Level 3
|
6.10
|
6.10
|
6.10
|
|
|
863.10
|
897.38
|
933.10
|
|
Racecourse Employee
|
884.80
|
920.20
|
957.00
|
|
Level 4
|
6.10
|
6.10
|
6.10
|
|
|
890.90
|
926.30
|
963.10
|
Table 2 -
Allowances
|
Item
|
Allowances
|
Current Rate
|
First pay period
|
First pay period
|
|
|
|
|
on or after
|
on or after
|
|
|
|
|
25 Aug 2003
|
25 Aug 2004
|
|
|
|
$
|
$
|
$
|
|
Item 1
|
First Aid
|
As per the Race
|
As per the Race
|
As per the Race
|
|
|
|
Club Employees
|
Club Employees
|
Club Employees
|
|
|
|
(State) Award
|
(State) Award
|
(State) Award
|
|
Item 2
|
Meal Allowance
|
As per the Race
Club
|
As per the Race
|
As per the Race
|
|
|
|
Employees (State)
|
Club Employees
|
Club Employees
|
|
|
|
Award
|
(State) Award
|
(State) Award
|
|
Item 3.1
|
Night Shift Dirt Track
|
49.00 per week
|
51.30 per week
|
53.10 per week
|
|
|
Maintenance Allowance
|
|
|
|
|
|
subclause 37.5(c)(i)
|
|
|
|
|
Item 3.2
|
Night Shift Dirt Track
|
22.30 per week
|
23.20 per week
|
24.20 per week
|
|
|
Maintenance Allowance
|
|
|
|
|
|
subclause 37.5(c)(ii)
|
|
|
|
|
Item 4
|
Clothing Allowance
|
$6.10 per week
|
$6.10 per week
|
$6.10 per week
|
|
Item
5
|
Employee
Using Trade
|
$26.70
|
$27.80
|
$28.90
|
|
|
Qualifications
|
|
|
|
Table 3 - Overtime
Level 1 - Rates
|
Item
|
Allowances
|
Current Rate
|
First pay period
|
First pay period
|
|
|
|
|
on or after
|
on or after
|
|
|
|
|
25 Aug 2003
|
25 Aug 2004
|
|
|
|
$/hour
|
$/hour
|
$/hour
|
|
Item 1
|
Overtime
|
20.20
|
21.0075
|
21.8475
|
|
Item 2
|
Non
Race days Sundays
|
30.30
|
31.51125
|
32.77125
|
|
Item 3
|
Race
day Sundays
|
30.30
|
31.51125
|
32.77125
|
|
Item 4
|
Public
Holidays
|
20.20
|
21.0075
|
21.8475
|
Level 2 - Rates
|
Item
|
Allowances
|
Current Rate
|
First pay period
|
First pay period
|
|
|
|
|
on or after
|
on or after
|
|
|
|
|
25 Aug 2003
|
25 Aug 2004
|
|
|
|
$/hour
|
$/hour
|
$/hour
|
|
Item 1
|
Overtime
|
20.87
|
21.70250
|
22.57
|
|
Item 2
|
Non
Race days Sundays
|
31.31
|
32.55375
|
33.855
|
|
Item 3
|
Race
day Sundays
|
31.31
|
32.55375
|
33.855
|
|
Item 4
|
Public
Holidays
|
20.87
|
21.70250
|
22.57
|
Level 3 - Rates
|
Item
|
Allowances
|
Current Rate
|
First pay period
|
First pay period
|
|
|
|
|
on or after
|
on or after
|
|
|
|
|
25 Aug 2003
|
25 Aug 2004
|
|
|
|
$/hour
|
$/hour
|
$/hour
|
|
Item 1
|
Overtime
|
21.43
|
22.2825
|
23.175
|
|
Item 2
|
Non
Race days Sundays
|
32.15
|
33.42375
|
34.7625
|
|
Item 3
|
Race
day Sundays
|
32.15
|
33.42375
|
34.7625
|
|
Item 4
|
Public
Holidays
|
21.43
|
22.2825
|
23.175
|
Level 4 - Rates
|
Item
|
Allowances
|
Current Rate
|
First pay period
|
First pay period
|
|
|
|
|
on or after
|
on or after
|
|
|
|
|
25 Aug 2003
|
25 Aug 2004
|
|
|
|
$/hour
|
$/hour
|
$/hour
|
|
Item 1
|
Overtime
|
22.12
|
23.005
|
23.925
|
|
Item 2
|
Non
Race days Sundays
|
33.18
|
34.5075
|
35.8875
|
|
Item 3
|
Race
day Sundays
|
33.18
|
34.5075
|
35.8875
|
|
Item 4.
|
Public
Holidays
|
22.12
|
23.005
|
23.925
|
PART C
Warwick Farm Wages
and Conditions
The following wages and conditions in Part B of the Award shall
apply to employees employed principally to work at Warwick Farm Racecourse.
38. Hours of Work
38.1 Employees shall
work an average of 38 ordinary hours per week over a 4-week period. Subject to subclause 38.5 the spread of
ordinary hours shall be 7.00am to 5.15pm with a limit of 8 hours at ordinary
time.
38.2 Employees
engaged prior to 1 January 1997 shall continue to work ordinary hours on any
day Monday to Friday, unless otherwise agreed.
38.3 Employees
engaged after 1 January 1997 may work their ordinary hours on no more than five
days Monday to Saturday.
38.4 Where ordinary
hours worked on Saturday form part of the weekly ordinary hours such hours
shall be paid at penalty rates i.e. time and one half for the first two hours
and double time thereafter. Provided
that sick pay shall be paid at ordinary singular rates for all days.
38.5
(a) Track crossing
attendants shall have a starting time of no earlier than 4.00am.
(b) New employees
will be engaged on a spread of ordinary hours from 7.00am - 6.00pm.
(c) Pool
Attendants may be required to perform 8 ordinary hours in split shifts of 4
hours each.
39. Rostered Day Off
- Banking
No more than five RDO’s are to be banked as determined by
the Manager - Racecourses. These days
will be taken at times of mutual agreement provided that they are not to be
taken within two weeks preceding a major carnival period. If a dispute arises on the taking of the
leave then the dispute procedure is to be followed.
40. Overtime
40.1 All hours outside
the spread of ordinary hours prescribed by clause 38 shall be paid for at the
rate of time and a half for the first two hours and double time thereafter.
40.2 All overtime
worked on Saturdays shall be paid for at the rate of ordinary time and a half
for the first two hours and ordinary double time thereafter.
40.3 All work on
Sunday shall be paid for at the rate of double time.
41. Public Holiday
Work
Any work performed on a public holiday as prescribed by the
award will be paid at the rate of double time and a half in addition to the
ordinary rate.
42. Warwick Farm
Monetary Rates
42.1 Employees will
be paid a weekly wage as set out in Table 1 below which includes compensation
for:
ordinary hours
over-award payments
service increment
industry allowance
seythe or power mower allowance
tractor allowance
front end loader
pesticide, weedicide poisonous spray allowance
horse handling allowance
Table 1
|
|
Aggregate Weekly
Wage
|
|
Classification
|
First pay period
|
First pay period
|
|
|
on or after
|
on or after
|
|
|
25 August 2003
|
25 August 2004
|
|
|
$
|
$
|
|
Racecourse Employee Level 1
|
668.60
|
695.40
|
|
Racecourse Employee Level 2
|
694.30
|
722.10
|
|
Racecourse Employee Level 3
|
720.70
|
749.50
|
|
Racecourse Employee Level 4
|
733.70
|
763.10
|
42.2 The following
allowances and payment are not included in the aggregate wage and will be paid
separately:
first aid allowance
clothing allowance
Table 2
|
Allowances
|
Weekly
|
|
|
|
|
Clothing
|
$6.10
|
|
First Aid
|
As per Race Club
Employees (State) Award
|
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.