Sydney Cricket and Sports Ground Trust Security
Enterprise Award 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 717 of 2015)
|
Before Commissioner Stanton
|
24 November 2015
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1 Arrangement
2 Title of
Enterprise Award
3 Parties
to this Enterprise Award
4 Definitions
5 Intention
6 Date and
Period of Operation
7 Parties
Bound
8 Duress
9 Ordinary
Hours
10 Rates of
Pay and Employee Related Cost Savings
11 Shift
Arrangements
12 Event Days
and Functions
13 Annual
Leave
14 Sick Leave
15 Personal/Carer’s
Leave
15A Parental
Leave
16 Bereavement
Leave
17 Jury
Service
18 Army
Reserve Leave
19 Public
Holidays
20 No Extra
Claims
21 Grievance
and Dispute Resolution Procedure
22 Area,
Incidence and Duration
23 Anti-Discrimination
24 Secure
Employment Provisions
25 First Aid
Certificates
26 Security
Licence
27 Uniforms
PART B
MONETARY RATES
Table 1
2. Title of
Enterprise Award
This enterprise award shall be known as the Sydney Cricket
and Sports Ground Trust Security Enterprise Award 2012.
3. Parties to
this Enterprise Award
3.1 The parties to
this enterprise award are:
3.1.1 the Sydney
Cricket and Sports Ground Trust;
3.1.2 the Security
Staff of the employer; and
3.1.3 the Liquor
Hospitality and Miscellaneous Union - NSW Branch
4. Definitions
For the purpose of this Enterprise Award the following definitions
shall apply:
4.1 "Enterprise
Award" shall mean the Sydney Cricket & Sports Ground Trust Security
Enterprise Award.
4.2 "Employee"
or "Employees" shall mean the Security Staff employed by the
Employer.
4.3
"Full-time employee" shall mean a permanent employee working
an average of thirty-eight ordinary hours per week.
4.4
"Part-time" employee shall mean a permanent employee working
an average of less than thirty-eight ordinary hours per week.
4.5 "Casual
Employee" shall mean an employee engaged and paid as such.
4.6 "Employer"
shall mean the Sydney Cricket & Sports Ground Trust.
4.7 "Security
Officer Grade C" means a person employed in one or more of the following
capacities:
(a) to watch,
guard and/or protect premises and/or property;
(b) to respond to
basic fire/security alarms;
(c) as an employee
stationed at an entrance and/or exit whose principal duties shall include the
control and movement of persons, vehicles, goods and/or property coming out of or
going into premises or property, including vehicles carrying goods of any
description to ensure that the quantity and description of such goods is in
accordance with the requirements of the relevant documents and/or gate pass and
who also may have other duties to perform and shall include an area or door
attendant or commissionaire in a commercial building;
(d) lock up gates,
stands, buildings and patrol venues on foot or in vehicle;
provided that Security Officer Grade C such as hand
held scanners or simple closed circuit television systems and may be required
to utilise basic keyboard skills in the performance of their duties and may
perform incidental duties which need not be of a security nature.
4.8 "Security
Officer Grade B" shall mean a person employed in one or more of the
following capacities in addition to the duties outlined in Security Officer
Grade C:
(a) use and
control of a closed circuit television system;
(b) performs the
duties of securing, watching, guarding and/or protecting as directed, including
responses to alarm signals;
(c) monitors and
acts upon intelligent building management systems;
(d) acts as two
way radio operator as required as part of control room duties;
(e) records
incidents utilising the computer and complies other reports as needed;
provided that a Security Officer Grade B may be
required to utilise keyboard skills in the performance of their duties and may
perform incidental duties which need not be of a security nature.
4.9 "Security
Officer Grade A" shall mean a person who, whilst in charge of a shift of
one or more Security Officers carries out co-ordinating duties in addition to
the normal duties of a Security Officer Grade B.
4.10 "The
Act" shall mean the Industrial Relations Act 1996 (NSW).
4.11 "Seven Day
Shift Worker" means an employee who is regularly rostered by their
employer to work ordinary hours on Saturdays and/or Sundays.
5. Intention
5.1 It is intended
that the Enterprise Award will provide a suitable basis for the parties to implement
at the organisation level appropriate arrangements to ensure that corporate
objectives are met.
5.2 The Enterprise
Award will help to facilitate the processes necessary to enhance the
productivity of the organisation and provide a better return to the
organisation, the staff and the community.
5.3 The Enterprise
Award will provide employees with the ability to work a rotating roster which
provides for the equalisation of wages across the employees and better coverage
of shifts.
5.4 The Enterprise
Award will promote harmonious industrial relations at the Sydney Cricket &
Sports Ground Trust.
6. Date and
Period of Operation
6.1 This enterprise
award shall operate from the beginning of the first full pay period to commence
on or after 1 March 2009 and shall remain in force thereafter for a period of
36 months.
6.2 The renewal of
this Enterprise Award has been made toward improved work practices and the more
flexible operation of hours of work as permanent staff. Any further renewal of this Enterprise Award
will be considered in the light of progress which may be made towards further
improving work practices and the flexibility of hours of work.
6.3 During the term
of this Enterprise Award the parties agree to confer on other productivity
improvements.
6.4 This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Sydney Cricket and
Sports Ground Trust Security Enterprise Award 2012 published 16 November
2012 (375 I.G.56), as varied.
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 I.G. 359) take
effect on and from 25 November 2015.
This award remains in force until varied or rescinded,
the period for which it was made having already expired.
7. Parties Bound
This Enterprise Award covers employees employed at the
Sydney Cricket and Sports Ground Tust and its employees employed as security
personnel, including gatekeepers, security or watching including persons
employed in control rooms to monitor, respond to or act upon alarm systems
excepting persons employed as typists, stenographers, bookkeepers, switchboard
operators or engaged in any clerical capacity whatsoever.
8. Duress
The parties to this Enterprise Award declare that this
Enterprise Award was not entered into under duress by any party to it.
9. Ordinary
HourS
9.1 The ordinary
hours of work for Security Officers covered by this Enterprise Award shall be
an average of 38 per week, excluding any overtime worked. The ordinary hours
shall be worked on any day Monday through Sunday.
9.2 It is agreed
between the parties to this Enterprise Award that the ordinary hours of work
will encompass shifts at both the Sydney Cricket Ground, the Sydney Football
Stadium and other venues as directed.
9.3 The ordinary
hours of work shall be rostered in one of the following ways:
(a) shifts of no
more than 9.5 ordinary hours and no more than 16 ordinary shifts per 28 day
cycle; or
(b) shifts of no
more than 8 ordinary hours in length.
10. Rates of Pay
10.1 A Security
Officer Grade A shall be paid the rate as set out in Item 1 of Table 1 of Part
B of this award for all work performed during ordinary hours.
10.2 A Security
Officer Grade A shall be paid the rate as set out in Item 2 of Table 1 of Part
B of this award for all work performed in excess of ordinary hours.
10.3 A Security
Officer Grade B shall be paid the rate as set out in Item 3 of Table 1 of Part
B of this award for all work performed during ordinary hours.
10.4 A Security
Officer Grade B shall be paid the rate as set out in Item 4 of Table 1 of Part
B of this award for all work performed in excess of ordinary hours.
10.5 A Security
Officer Grade C shall be paid the rate as set out in Item 5 of Table 1 of Part
B of this award for all worked performed during ordinary hours.
10.6 A Security
Officer Grade C shall be paid the rate as set out in Item 6 of Table 1 of Part
B of this award for any hours in excess of ordinary hours.
10.7 A casual
Security Officer Grade B shall be paid the rate as set out in Item 7 of Table 1
of Part B of this award for all worked performed during ordinary hours
10.8 A casual
Security Officer Grade C shall be paid the rate as set out in Item 8 of Table 1
of Part B of this award for all worked performed during ordinary hours
10.9 A Security Officer
required to work a shift in excess of twelve hours will be provided with a meal voucher redeemable at the place of
employment or where this is not practical be paid a meal allowance of $15.00.
10.10 Employee Related
Cost Savings
10.10.1 The
Trust will achieve a reduction in overtime via the implementation of rostering
changes involving increased rostering of ordinary hours across the seven day
week for all employees including a senior guard on shift rotation. This measure
includes the provision of a paid meal break of 30 minutes.
10.10.2 Restrictions
on the hours of work for a Security Officer Grade C contained in the previous
Enterprise Award have been deleted.
10.10.3 Employees
electing to work additional shifts at events and functions when not rostered to
work under this award are to be engaged and paid in accordance with the Sydney
Cricket and Sports Ground Trust (Match Day Employees) Agreement, 2005, or any
award or agreement that subsequently rescinds or replaces the aforementioned
agreement.
10.10.4 The
Trust reserves the right to engage additional Security Officers to meet
operational requirements.
10.11 During the term of
this award, the parties are committed to the achievement of such employee
related cost savings. Both the employees and the relevant unions agree to
undertake and commit to the achievement of the employee related cost savings
specified in clause 10.12.
11. Shift
Arrangements
11.1 All Officers
will be required to perform shifts as outlined in a roster developed by the Trust
which may vary from time to time.
11.2 Except in the
case of emergency or by mutual agreement, the Trust will provide seven days
notice to the Security Officer of a change to their roster.
12. Event Days and
Functions
12.1 Employees
covered by this Enterprise Award will be offered, where available, extra shifts
on event days and functions as a crowd safety officer provided they are not
rostered to work the shifts outlined in Clause
9.
12.2 Where an employee
elects to work a second job as a crowd safety officer in accordance with this
clause he/she shall be paid under the Sydney Cricket and Sports Ground Trust
(Match Day Employees) Agreement, 2005 or any agreement that subsequently
rescinds or replaces the aforementioned agreement.
12.3 An employee is
not obliged to accept any extra shifts offered by the employer pursuant to this
clause. An employee has an obligation to ensure that any proposed crowd safety
shift does not conflict with their commitments as a full-time Security Officer
under this award.
13. Annual Leave
13.1 An employee
shall be entitled to four weeks annual leave in accordance with the Annual
Holidays Act 1944.
13.2 Additional
Leave for Seven-Day Shift Workers
In addition to an annual holiday of four weeks provided
by section 3 of the Annual Holidays Act, 1944 (New South Wales), a seven-day
shift worker at the end of each year of employment is entitled to the
additional leave as prescribed below:
13.2.1 If
during the year of employment the employee has served continuously as a
seven-day shift worker, the additional leave with respect to that year is one
week.
13.2.2 If
during the year of employment the employee has served only a portion of it as a
seven-day shift worker, the additional leave is 3 1/4 hours for each completed
month of employment as a seven-day shift worker. Where the additional leave is
or comprises a fraction of a day such fraction does not form part of the leave
period and any such fraction must be discharged by payment only.
13.2.3 Where
the employment of a seven-day shift worker is terminated and there is thereby
an entitlement due under section 4 of the Annual Holidays Act, 1944 (New South
Wales), to payment in lieu of an annual holiday with respect to a period of
employment such employee is also entitled to an additional payment of 3 1/4
hour's pay for each completed month of service as a seven-day shift worker.
13.3 Upon becoming
entitled to such annual leave an employee shall be entitled to be paid an
annual leave loading of 17½% of the employees ordinary earnings which shall be
paid each time the employee takes annual leave.
14. Sick Leave
14.1 Employees shall
be entitled to up to 5 days sick leave without loss of pay in their first year
of service with the employer. Employees
shall be entitled to 10 days sick leave in their second and subsequent years of
service with the employer.
14.2 An employee who
is unable to attend for duty during ordinary working hours by reason of
personal illness or incapacity not due to the employee’s own serious and wilful
misconduct, shall be entitled to take their sick leave subject to the following
conditions:
14.2.1 the employee shall
not be entitled to paid leave of absence for any period in respect of which
there is entitlement to payment under the Workplace Injury Management and
Workers Compensation Act 2000 (New South Wales).
14.2.2 the employee
shall, as soon as possible, and in any event prior to the commencement of shift,
inform the employer of such employee’s inability to attend for duty and as far
as possible, state the nature of the injury of illness and the estimated
duration of absence.
14.2.3 where an employee
does not notify the employer of the employee’s inability to attend for duty
prior to the commencement of the shift the employee shall not be entitled to
payment for the first shift of such absence, provided however, in cases of
accident or incapacity to notify, to receive payment for the above the employee
shall provide reasonable proof that he/she was unable to notify the employer on
account of such accident or incapacity.
14.2.4 the employee shall
furnish to the employer such evidence as the employer may desire that the
employee was unable by reason of such illness or injury to attend for duty on
the day or days for which sick leave is claimed. Provided that a Statutory Declaration shall
be accepted in respect of any single day absences, but not more than two such
declarations in any one year. Provided
further, that where such single day absence occurs before or after a public
holiday or rostered day off a medical certificate shall be supplied.
15. Personal/Carer’s
Leave
15.1 Use of Sick
Leave
15.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in 15.1.3.2 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 of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency. Such leave may be taken for part
of a single day.
15.1.2 The employee
shall, if required,
(1) establish either
by production of a medical certificate or statutory declaration, the illness of
the person concerned and that the illness is such as to require care by another
person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
15.1.3 The entitlement to
use sick leave in accordance with this subclause is subject to:
15.1.3.1 the
employee being responsible for the care of the person concerned; and
15.1.3.2 the
person concerned being either:
15.1.3.2.1 a spouse
of the employee; or
15.1.3.2.2 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
15.1.3.2.3 a child
or an adult child (including an adopted child, a step child, a foster child or
an ex nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
15.1.3.2.4 a same
sex partner who lives with the employee as the de factor partner of that
employee on a bona fide domestic basis; or
15.1.3.2.5 a
relative of the employee who is a member of the same household, where for the
purposes of this clause:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relative
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
15.1.3.3 An
employee shall, wherever practicable, give the employer notice prior to the
absence of the intention to take leave, the name of the person requiring care
and that person’s relationship to the employee, the reasons for taking such
leave and the estimated length of absence.
If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 22, Grievance and Dispute Resolution Procedure,
should be followed.
15.2 Unpaid Leave for
Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in 15.1.3.2 above who is ill or who requires care due
to an unexpected emergency.
15.3 Annual Leave
15.3.1 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
15.3.2 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least 5 consecutive annual leave days are taken.
15.3.3 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
15.4 Make-Up Time
15.4.1 An employee may
elect, with the consent of their employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in this award, at
the ordinary rate of pay.
15.4.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours at a later
time), at the shift work rate which would have been applicable to the hours
taken off.
15.5 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 15.1.2 and 15.1.3.3 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 15.1.3.2 of this clause who are sick
and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(3) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
15A. Parental Leave
(1) Refer to the
Industrial Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the
Industrial Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee entitled
to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return
from a period of parental leave on a part-time basis until the child reaches
school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an opportunity
for the employee to discuss any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
16. Bereavement
Leave
16.1 An employee
shall, on the death within Australia of a member of the employee’s family or
household (as defined in paragraph 15.1.3.2 of clause 15, Family Leave), be
entitled to leave including the day of the funeral of such relation. Such leave, for a period not exceeding two
days in respect of any such death, shall be without loss of any ordinary pay
which the employee would have received if the employee had not been on such
leave. An employee whose relative, as
defined, dies outside Australia shall be entitled to leave of one day without
loss of any ordinary pay, provided that such leave shall be extended to two
days where the employee travels overseas to attend the funeral.
16.2 The rights to
such paid leave shall be dependent on compliance with the following conditions:
16.2.1 satisfactory
evidence of such death shall be furnished by the employee to the employer; and
16.2.2 the employee shall
not be entitled to leave under this clause in respect of any period which
coincides with any other entitlements under this award or otherwise.
16.3 Bereavement leave
may be taken in conjunction with other leave available under subclauses 15.1,
15.2, 15.3 and 15.4 of Clause 15, Personal/Carers Leave. Where such other available leave is to be
taken in conjunction with bereavement leave, consideration will be given to the
circumstances of the employee and the reasonable operational requirements of
the employer.
16.4 Bereavement
entitlements for casual employees
16.4.1 Subject to the
evidentiary and notice requirements in 16.2.1 casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 15.1.3.2 of clause 15, Personal / Carer's
Leave.
16.4.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
16.4.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
17. Jury Service
17.1 An employee
shall be allowed leave of absence during any period when required to attend for
jury service, provided that such leave shall be limited to a maximum of two
weeks in any period of jury service.
17.2 During such
leave of absence, an employee shall be paid the difference between the jury
service fees received and the normal rate of pay as if working.
17.3 An employee
shall be required to produce to the employer proof of jury service fees
received and proof of requirement to attend and attendance on jury service and
shall give the employer notice of such requirement as soon as practicable after
receiving notification to attend for jury service.
18. Army Reserve
Leave
18.1 Upon request and
subject to the employer’s ability to grant leave, an employee shall be allowed
leave of absence to attend official army reserve activities.
18.2 Subject to
subclause 18.3, such leave of absence shall be without pay.
18.3 In the event
that the employer is entitled to claim a payment under the Australian Defence
Force Employer Support Payment (ESP) Scheme, an employee may be granted paid
army reserve leave to attend official army reserve activities, which will be
paid at the rate of:
18.3.1 $1123.30 per week
(or such other amount as is provided to the employer under the ESP Scheme); or
18.3.2 the employee’s
ordinary rate of pay
whichever is the lesser.
18.4 An employee is
not entitled to receive paid army reserve leave if he or she is receiving other
paid leave such as annual leave or long service leave to attend army reserve
activities.
19. Public
Holidays
19.1 The following
days shall be observed as public holidays:
New Years Day, Australia Day, Good Friday, Easter Saturday,
Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day, Boxing
Day, Tuesday following Easter Monday, and any proclaimed day in lieu thereof
for the state.
19.2 An extra holiday
in lieu of the Tuesday following Easter Monday may be substituted by another
day in the calendar year, where mutual agreement has been reached between the
employer and the employee.
19.3 Employees may be
directed to work on public holidays as part of their rostered shift at their
ordinary rate of pay.
19.4 Days in lieu of
working public holidays will not be provided.
19.5 Except in the
case of an emergency, a Security Officer Grade C will not be required to work
on a public holiday.
20. No Extra
Claims
It is agreed by the parties that there will be no extra
claims relating to conditions of employment, whether dealt with in this Award
or not, before 1 March 2012.
21. Grievance and
Disputes Resolution Procedure
21.1 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:
21.1.1 The matter is
discussed between the staff member(s) and the supervisor involved. If the
matter is not resolved, then:
21.1.2 The initiator of
the dispute may be required to provide in writing the substance of the
grievance and state the remedy sought.
21.1.3 The matter is then
discussed in a timely way between staff member(s), the supervisor and the
manager. If the matter remains unresolved, then:
21.1.4 The matter is
discussed between senior representatives of the organisation and the relevant
union and/or staff member(s) representative.
21.2 Each of the
steps will be followed within a reasonable time frame, allowing sufficient time
for discussions at each level of authoiry and having regard ot the nature of
the grievance or dispute.
21.3 If the matter remains
unresolved, then, it may be referred by either party to the Industrial
Relations Commission of New South Wales to exercise its functions under the
Industrial Relations Act 1996. The parties agree to exhaust the conciliation
process before commencing the Arbitration process.
21.4 At any stage of
this procedure, the employer may be represented by an industrial organisation
of employers and the employees may be represented by an industrial organisation
of employees.
21.5 It is agreed
that the parties will not deliberately frustrate or delay these procedures.
21.6 Normal work will
continue without disruption while these procedures are followed.
22. Area Incidence
and Duration
This Enterprise Award rescinds and replaces the Sydney
Cricket and Sports Ground Trust Security Enterprise Award 2001 published 30
March 2001 (326 IG 1001) as varied.
The purpose of this Enterprise Award is to partially
regulate the terms and conditions of employment of Security Staff at the Sydney
Cricket Ground, the Sydney Football Stadium and any other sites that the
employer may manage.
This Enterprise Award is to read in conjunction with the
Security Industry (State) Award and variations thereof. Where there is an inconsistency between the
two awards, this award shall apply.
This award shall operate from the beginning of the first pay
period to commence on or after 1 March 2009
and shall remain in force for a period of thirty-six months.
23. Anti-Discrimination
24.1 It is the
intention of the parties bound by this award to seek to achieve the object of
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 and age.
24.2 Accordingly, in
fulfilling their obligations under the dispute resolution procedure, the
parties must take all reasonable steps to ensure that neither the award
provisions nor their operation are directly or indirectly discriminatory in
their effects.
24.3 Under the
Anti-Discrimination Act 1977 (NSW), it is unlawful to victimise an employee
because the employee has made or may make or has been involved in a complaint
of unlawful discrimination or harassment.
24.4 Nothing in this
clause is to be taken to affect:
24.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation,
24.4.2 offering or
providing junior rates of pay to persons under 21 years of age,
24.4.3 any act or practice
of body established to propagate religion which is exempted under section 56(d)
of the Anti-Discrimination Act 1977 (NSW),
24.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
24.5 This clause does
not create legal rights or obligations in addition to those imposed upon by the
parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
24. Secure
Employment Provisions
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by maximising
the number of permanent positions in the employer's workforce, in particular by
ensuring that casual employees have an opportunity to elect to become full-time
or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of nine months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of nine months. However, the employee retains his or her
right of election under this subclause if the employer fails to comply with
this notice requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks' notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which has as its business function, or one of its
business functions, to supply staff employed or engaged by it to another employer
for the purpose of such staff performing work or services for that other
employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer's own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer's premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and Workers
Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
25. First Aid
Certificates
The employer will provide relevant first aid training
on an as required/a time to time basis for the provision of first aid
certificates.
26. Security
Licence
26.1 It is a
condition of employment that employees hold and maintain a valid security
licence.
26.2 The Trust shall
pay to employees a gross amount equivalent to the fee payable by an employee
upon application for the renewal of licence under the Security Industry Act
1997 (NSW), subject to the satisfaction of the following conditions:
(a) The employee
is employed by the Trust as at the date of renewal;
(b) The employee obtains
the renewal of his/her security licence; and
(c) The employee
provides evidence to the Trust of the payment of the relevant fee, as required
by the Trust.
27. Uniforms
27.1 Employees shall
be provided with four shirts, two pairs of pants and 1 pair of boots on
commencement of employment and thereafter annually.
27.2 Uniform items no
longer serviceable due to fair wear and tear will be, where necessary replaced
subject to an aggregate maximum of eight shirts, four pairs of pants and two
pairs of shoes per annum.
PART B
MONETARY RATES
Table 1
|
Item
|
Rate
|
Rate
|
New Rate
|
New Rate
|
New Rate
|
|
No.
|
Per Hour
|
Per Hour
|
Per Hour
|
Per Hour
|
Per Hour
|
|
|
First Full Pay
|
First Full Pay
|
First Full Pay
|
First Full Pay
|
First Full Pay
|
|
|
Period
|
Period
|
Period
|
Period
|
Period
|
|
|
to Commence on
|
to Commence on
|
to Commence on
|
to Commence on
|
to Commence on
|
|
|
or after
|
or after
|
or after
|
or after
|
or after
|
|
|
1 March 2007
|
1 March 2008
|
1 March 2009
|
1 March 2010
|
1 March 2011
|
|
|
|
|
(4%)
|
(4%)
|
(4%)
|
|
|
$
|
$
|
$
|
$
|
$
|
|
1
|
22.49
|
23.05
|
23.97
|
24.93
|
25.93
|
|
2
|
33.74
|
34.58
|
35.96
|
37.40
|
38.89
|
|
3
|
20.62
|
21.14
|
21.99
|
22.87
|
23.78
|
|
4
|
30.94
|
31.71
|
32.98
|
34.30
|
35.67
|
|
5
|
16.67
|
17.08
|
17.76
|
18.47
|
19.21
|
|
6
|
25.01
|
25.62
|
26.64
|
27.71
|
28.82
|
|
7
|
24.22
|
24.83
|
25.82
|
26.86
|
27.93
|
|
8
|
18.82
|
19.29
|
20.06
|
20.86
|
21.70
|
J. D. STANTON, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.