Sydney
Olympic Park Visitors Services (State) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Nos. IRC 672 and 1380 of
2008)
|
Before Commissioner
Bishop
|
28 August 2008
|
REVIEWED
AWARD
1. Title
This award shall be known as the Sydney Olympic Park
Visitors’ Services (State) Award 2008.
2. Arrangement
PART A
Clause No. Subject Matter
1. Title
2. Arrangement
3. Intention
4. Rates of
Pay
5. Conditions
of Engagement (Full-time, Part-time and Fixed-term Employees)
6. Hours of
Work (Full-time, Part-time and Fixed-term Employees)
7. Casual
Employees
8. Meal
Breaks
9. Excess
Hours Worked (Full-time, Part-time and Fixed-term Employees)
10. Public
Holidays
11. Sick Leave
12. Anti-Discrimination
13. State
Personal/Carer's Leave
14. Bereavement
Leave
15. Parental
Leave
16. Redundancy
17. Training
Wage
18. Payment of
Wages
19. Annual
Leave and Annual Leave Loading
20. Job
Representative
21. Labour Flexibility
22. Uniforms
and Protective Clothing
23. Tools and
Equipment
24. Change
Rooms and Amenities
25. Grievance
and Dispute Resolution Procedures
26. Area,
Incidence and Duration
27. No Extra
Claims
28. No
Reduction of Entitlements
29. Payroll
Advice
30. Superannuation
31. Rehabilitation
Services
32. Secure
Employment
PART B
MONETARY RATES
Table 1 - Rates of
Pay
PART C
CLASSIFICATIONS
3. Intention
The principal intentions of this award are:
(i) to promote
harmonious industrial relations at the Sydney Olympic Park site as defined in
clause 26, Area, Incidence and Duration;
(ii) to maximise
standards of service to the public and park's users, measured against those
applying in the leisure and recreation industry nationally and internationally;
(iii) to facilitate
the development of a multi-skilled workforce;
(iv) to establish
flexible operational arrangements to meet the needs of the employer, its
clients and those of the workforce;
(v) to establish the
Sydney Olympic Park as world-class sporting, leisure, cultural, educational,
commercial, tourist, entertainment and environmental venue;
(vi) to provide the
workforce with a comprehensive information service regarding their wages,
conditions of employment and other related matters.
4. Rates of Pay
(i) The minimum
rates of pay for employees covered by this award shall be those set out in
Table 1 - Rates of Pay, of Part B, Monetary Rates.
(ii)
|
Junior Rates
|
Percentage of
Appropriate Rate
|
|
At 18 years
|
75
|
|
At 19 years
|
85
|
|
At 20 years
|
100
|
(iii) The
classifications (skills/definitions) for employees covered by this award shall
be those classifications set out in Part C, Classifications.
5. Conditions of
Engagement (Full-Time, Part-Time and Fixed-Term Employees)
(i) An employee
shall be engaged as either a full-time, part-time, fixed-term or casual
employee.
(ii) A full-time
employee is an employee who is engaged to work an average of 38 hours per week,
Monday to Sunday.
(iii) A part-time
employee is an employee engaged to work a minimum of ten hours per week. A part-time employee shall receive sick
leave, annual leave and long service leave on a pro rata basis.
(iv) Full-time and
part-time employees shall be engaged by the week and their engagement shall
only be terminated by the employer or employee by the giving of one week's
notice or by the payment in lieu or forfeiture, as the case may be, of the
appropriate wage in lieu of notice.
(v) A fixed-term
employee shall be employed for a fixed period.
The engagement of a fixed-term employee may be varied by agreement
between the employer and the employee.
(vi) The provisions
outlined in subclauses (iv) and (v) of this clause shall not affect the right
of the employer to dismiss any employee without notice for misconduct or other
neglect of duty.
(vii) Notwithstanding
the provisions applying to paid leave, the employer shall have the right to
deduct payment for time lost by an employee who fails to attend for duty
without leave to absent himself/herself for the actual time of such
non-attendance.
6. Hours of Work
(Full-Time, Part-Time and Fixed-Term Employees)
(i) The ordinary
hours of work, exclusive of meal times, shall not exceed an average of 38 per
week, Monday to Sunday, between the hours of 7.00 a.m. and 11.00 p.m. The ordinary hours may be extended to
between 6.00 a.m. and 2.00 a.m. to cover special events, provided that the
employer gives the relevant employees seven days' notice of the extension of
ordinary hours, or upon agreement between the employer and the employee.
(ii) Where employees
are required to work outside the ordinary hours of work, employee will be paid
a loading of 15% for hours worked (other than overtime hours) between 2.00 a.m.
and 6.00 a.m. in accordance with subclause (i) of this clause.
(iii) Notwithstanding
the provisions of subclauses (i) and (ii) of this clause, the ordinary hours of
work for an employee engaged in the safeguarding of property shall not exceed
an average of 38 per week, and may be worked as ordinary hours any hour of the
day. This provision shall only apply to
employees classified at Level 3 or 4 under this award.
(iv) The employer
shall arrange the working hours of the 38 hours per week:
(a) by employees
working less than eight hours per day;
(b) by employees
working less than eight hours on one or more days in each week;
(c) by employees
working up to ten hours on one or more days in the week.
(v) Employees shall
be entitled to receive four sets of two consecutive days off in each 28 day
period.
(vi) Notwithstanding
the provisions of subclauses (i) and (iii) of this clause, the employer and
employee may agree to change the rostered time of ordinary hours by one week's
notice or the consent of the employees at any time.
(vii) Make-up time
(a) An employee may
elect, with the consent of the 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 hours provided in the award, at the ordinary
rate of pay.
(b) 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 and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(viii) Rostered days
off (RDOs)
(a) An employee may
elect, with the consent of the employer, to take an RDO at any time.
(b) An employee may
elect, with the consent of the employer, to take RDOs in part day amounts.
(c) An employee may
elect, with the consent of the employer, to accrue some or all RDOs for the
purpose of creating a bank to be drawn upon at a time mutually agreed between
the employer and employee, or subject to reasonable notice by the employee or
employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility and providing a
reasonable opportunity for the union to participate in negotiations.
7. Casual Employees
(i) Subject to
subclause (v) of this clause, a casual employee is an employee engaged and paid
as such. A casual employee shall be
paid at an hourly equal to the appropriate weekly-employee ordinary hours,
weekly rate, divided by 38 plus a 21½% loading, for all hours worked Monday to
Sunday, regardless of start and finish times.
(ii) The casual
hourly rate contained in this award contains a component in lieu of any
entitlement to sick leave, bereavement leave, long service leave and annual
leave. Moreover, casual employees shall
not be entitled to claim the benefits of clause 13, State Personal/Care's
Leave, clause 16, Redundancy, clause 18, Payment of Wages, and clause 21,
Labour Flexibility.
(iii) A casual
employee shall receive a minimum payment of four hours for each engagement, to
be worked consecutively, except in the case of tour guides or training
sessions, which shall be two hours.
(iv) Casual rosters
may be changed by management, provided that shifts are not shortened to less
than the minimums referred to above.
Further, employees shall be advised of their anticipated finishing time
at the commencement of a shift.
However, nothing in this subclause shall be construed to affect the
employer's right to shorten an engagement after it has commenced.
(v) Casual employees
who are required to work on a public holiday shall be entitled to double time
and one half of the base weekly pay rate for each hour worked on the public
holiday.
(vi) Where a casual
employee is required to work 14 hours in any 24 hour period, the casual
employee shall have at least ten consecutive hours off duty before their next
engagement.
8. Meal Breaks
(i) All employees
shall be entitled to the following meal breaks:
(a) when required to
work no more than four hours - one 10 minute paid break.
(b) when required to
work more than four but no more than six hours - two 10 minute paid breaks.
(c) when required to
work an eight hour shift - two 10 minute paid breaks and a 30 minute unpaid
break.
(d) when required to
work more than two hours after having worked an eight hour shift - an
additional 10 minute paid break after every additional two hours' work.
(ii) The employer
and employee shall determine the time at which a rest break shall be taken.
(iii) Notwithstanding
the provisions of subclause (i) of this clause, the employer and employee can
determine the appropriate time to take a meal break by mutual agreement.
(iv) An employee
required to work through a period when a meal break should be taken shall
receive overtime for the time so worked at the rate of time and a half of the
base ordinary weekly rate.
(v) An employee who
is required to work for a continuous period amounting to more than five hours
from the time of commencing work shall be entitled be absent from work until
the employee has had 10 consecutive hours off duty. Should the said 10 hours or any part thereof coincide with the
employees ordinary hours of work or the next shift, the employee shall be paid
at ordinary rates for the time which falls within the employees ordinary hours
of work or the next shift.
9. Excess Hours
Worked (Full-Time, Part-Time and Fixed-Term Employees)
(i) All hours
worked in excess of an average of 38 in any one week outside the spread of
hours prescribed in subclause (i) of clause 6, Hours or Work (Full-time,
Part-time and Fixed-term Employees), or in excess of 10 hours on one day, shall
be paid as overtime or given as time off in lieu. This subclause does not apply to casual employees.
(ii) All excess
hours must be authorised by the appropriate supervisor in each section, prior
to any overtime being worked.
(iii) By mutual
agreement, excess hours shall be paid as overtime or taken as time off in
lieu. Time off in lieu will be the
equivalent number of actual hours worked.
All accrued time off in lieu shall be taken two months after it falls
due, unless there is mutual agreement between the employer and employee to do
otherwise. The maximum number of hours
to be accrued at any time is 38.
(iv) Where it is
impracticable for the excess hours to be taken off as time off in lieu, it
shall be paid for at the rate of time and one half for the first two hours and
double time thereafter.
(v) An employee
(other than a casual employee) who works so much overtime between the
termination of ordinary work on one day and the commencement of ordinary work
on the next day that the employee has not had at least 10 consecutive hours off
duty between those times, shall be released after the completion of such overtime
until 10 consecutive hours have been allowed without loss of pay for ordinary
working time occurring during such absence.
(vi) For the purpose
of this clause, "excess hours" means overtime.
10. Public Holidays
(i) The days on
which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day or
any proclaimed day in lieu thereof for the State are observed shall be holidays
and no deduction shall be made in respect of such holidays from the wages due
to any employee for the week in which such holiday or holidays occur.
Provided that any of the abovementioned holidays may be
substituted for another day off by agreement between the employer and
employee(s), to be taken within one month of the said holiday or adjacent to a
period of annual leave.
(ii) In addition to
the holidays prescribed in subclause (i) of this clause, full-time, part-time
and fixed-term employees shall be entitled to take a paid picnic day which
shall be observed on the first Monday in December or which shall be taken at a
time mutually agreeable to the employer and the employee(s), provided that the
employee shall provide to the employer proof of purchase of a ticket to the
AWU's picnic day function, 10 working days prior to the event.
(iii) Any full-time,
part-time or fixed-term employee who is required to work on a public holiday
shall be entitled to time and one half hours pay for each hour worked, as well
as a day off in lieu at a time mutually agreed or double time and one half for
each hour worked on the public holiday.
(iv) An employee who
is absent from work on the day before or the day after a public holiday shall
provide the employer with proof of sickness (by way of a medical certificate)
prior to receiving payment for those days.
(v) An employee
whose day(s) off duty coincides with a public holiday shall not be entitled to
receive an additional day in lieu.
(vi) Casual
employees who are required to work on a public holiday shall be entitled to
double time and one-half of the base weekly pay rate for each hour worked on
the public holiday.
11. Sick Leave
(i) A full-time,
part-time or fixed-term employee shall be entitled to 10 days' sick leave pro
rata per year. Part-time employees
shall be entitled to a proportionate amount of sick leave.
(ii) If the full
period of sick leave is not taken on any one year, the whole or untaken portion
shall accumulate from year to year.
(iii) An employee
shall not be entitled to sick leave for any period in respect of which such
employee is entitled to Workers' Compensation.
(iv) Where an
employee is ill or incapacitated on a rostered day or shift off, he/she shall
not be entitled to sick pay on that day, nor shall his/her entitlement to sick
leave be reduced as a result of such illness or incapacity.
(v) Where an
employee is absent for more than one consecutive day, or more than five single
days in one year, the employee shall provide the employer with a doctor's
certificate.
(vi) The employee
shall, wherever possible, prior to the commencement of the absence of sick
leave, inform the employer of his/her inability to attend for duty and, as far
as practicable, state the nature of the injury or illness and the estimated
duration of the absence.
12. Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3 (f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer,
(ii) 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.
(iii) 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.
(iv) 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.
(v) This clause does
not create legal rights or obligation 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."
13. State
Personal/Carer's Leave
(i) Use of sick
leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in 13(i)(c)(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 11, 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.
(b) 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
.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being:
(i) a spouse of the
employee; or
(ii) 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
(iii) a child or an
adult child (including an adopted child, a stepchild, 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household where, for the purpose of
this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse, because of marriage, has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice, prior to the absence, of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such 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 25, Grievance and Dispute Resolution Procedures,
should be followed
(ii) 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 13(i)(c)(2) above who is ill or who requires care
due to an unexpected emergency.
(iii) Annual leave
(a) 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.
(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
employer may agree to defer payment of annual leave loading in respect of
single day absences until at least five consecutive annual leave days are
taken.
(d) 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.
(iv) Personal Carers
Entitlement for casual employees -
(a) Subject to the
evidentiary and notice requirements in 13(i)(b) and 13(i)(c)(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 13(i)(c)(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.
(b) 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.
(c) 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
14. Bereavement Leave
(i) A full-time,
part-time or fixed-term employee shall be entitled to a maximum of three days'
leave without loss of pay on each occasion and on the production of
satisfactory evidence of the death within Australia of a member of the
employee's family or household prescribed in paragraph (c) of subclause (i) of
clause 13, State Personal/Carers' Leave
Provided further that an employee on a weekly hiring
shall be entitled to a maximum of two days' leave without loss of pay on each
occasion and on the production of satisfactory evidence of the death outside
Australia of a member of the employee's family or household prescribed in
paragraph (c) of subclause (i) of clause 13, and where such employee travels
outside Australia to attend the funeral.
Bereavement leave may be taken in conjunction with
other leave available under clause 13, State Personal/Carers' Leave. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the employer.
(ii) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements of this clause, 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 13(i)(c)(2) of clause 13, State
Personal/Carer's Leave Case.
(b) 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.
(c) 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.
15. Parental Leave
(i) 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).
(ii) 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.
(iii) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(1) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(2) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(3) 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 (iii)(a)(2) and (iii)(a)(3) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
(i)(a)(3), 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.
(iv) 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:
(1) 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
(2) 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. Redundancy
(i) Application of
this clause
(a) This clause
shall apply in respect of full-time and part-time employees as defined in
Clause 8
(b) This clause
shall not apply to employees with less than one year’s continuous service
(c) This clause
shall not apply where employment is terminated as a consequence of conduct that
warrants dismissal, or in the case of employees engaged for a specific period
of time, or for a specified task or tasks, where employment is terminated due to
the ordinary turnover of labour.
(ii) Employer to
Notify and Discuss Change
(a) Where the
employer has made a definite decision to introduce major changes that are
likely to have significant effects on employees, for example in structure,
technology and or program/service delivery, the employer shall notify the
employees who may be affected by the proposed changes and the union to which
they belong
(b) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in clause 16(ii)(a),
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.
(c) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in 16(ii)(a)
(d) For the purpose
of such discussion, the employer 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 any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
(e) Where the
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone, pursuant to clause 16(ii)(a),
and that decision may lead to the termination of employment, the employer shall
hold discussions with the employees directly affected and with the union to which
they belong as early as practicable.
(f) The discussions
referred to in 16(ii)(e) 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, 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.
(iii) Notice of
Termination of Employment
(a) In order to
terminate the employment of an employee for reasons arising from
"structure", or "program/service delivery", in accordance
with 16(ii)(a), the employer shall give to the employee the following notice
|
Period of
Continuous Service
|
Period of Notice
|
|
|
|
|
Less than 1 year
|
1 week
|
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1 year and less than 3 years
|
2 weeks
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3 years and less than 5 years
|
3 weeks
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5 years and over
|
4 weeks
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(b) 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
(c) Payment in lieu
of the notice in 16(iii)(b) 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
(iv) Notice for
Technological Change
(a) In order to
terminate the employment of an employee for reasons arising from
"technology" in accordance with 16(ii)(a), the employer shall give to
the employee three months’ notice of termination
(b) 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.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer 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.
(v) Time Off During
the Notice Period
(a) During the
period of notice of termination given by the employer, 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
(b) 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 employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent
(c) 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 employer until the expiry of such notice. Provided
that in such circumstances the employee shall not be entitled to payment in
lieu of notice
(d) Where an
employee is transferred to lower paid duties for reasons set out in 16(ii)(a)
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 employer may at the employer’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.
(vi) Severance Pay
(a) Where an
employee is to be terminated pursuant to clause 16, subject to further order of
the Industrial Relations Commission, the employer 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 employer shall pay in accordance with the following
scale
|
Years of Service
|
Under 45 Years 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 and over
Age 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 any allowances.
(b) Subject to an
application by the employer and further order of the Industrial Relations
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in subclause 16(vii)(a) if the employer obtains acceptable
alternative employment for an employee
17. Training Wage
See the New South Wales Theatrical Employees (Training Wage)
(State) Award published 1 November 1996 and award review published 8 February
2002 (331 I.G. 198).
18. Payment of Wages
Wages will be paid weekly in arrears by electronic funds
transfer (EFT).
19. Annual Leave and
Annual Leave Loading
(i) Full-time and
part-time employees shall receive annual leave of five weeks per annum, plus
17.5% annual leave loading, upon the completion of each 12 months' service.
(ii) The loading
referred to in subclause (i) of this clause shall be paid to all weekly
employees, upon the anniversary of their entitlement, as a lump sum.
(iii) Fixed-term
employees who are engaged on a contract of less than 12 months shall be
entitled to annual leave loading, provided that they have been employed as
either a casual or weekly employee for a period of longer than 12 months in
total, as an aggregate of full-time, part-time or casual employment.
20. Job Representative
(i) A job
representative appointed by the employees shall be allowed the necessary time
during working hours to interview the supervisor or officer-in-charge on
matters affecting the employees whom he/she represents.
(ii) The Australian
Workers' Union, New South Wales, job delegates who are full-time employees
shall be allowed up to five days' paid leave per year to attend approved
courses run by the union.
(iii) Casual
employees appointed as job representatives shall be provided paid leave up to eight
hours in a calendar year to attend union-sponsored training, provided that not
more than two individuals are nominated for such training per calendar year by
the union.
21. Labour
Flexibility
Employees covered by this award shall perform all work within
their skill and competence including, but not limited to, work which is
incidental but not peripheral to their main tasks and functions.
22. Uniforms and
Protective Clothing
Employees are required to wear a uniform. The employer will
provide the following items of uniform:
(i) shirt;
(ii) hats; and
(iii) other items
from time to time.
Employees are responsible for supplying basic items of
uniform (such as black trousers, black shoes and socks), complying with the
employer's uniform policy.
Protective clothing and very cold weather clothing will
be supplied on an as-required basis to the employees free of charge and will
remain the property of the employer.
Upon termination of employment, all uniforms and
property belonging to the employer shall be returned by the employee to the
employer. The employer reserves the
right to withhold all wages due pending receipt of all property of the employer
issued to the employee.
23. Tools and
Equipment
All tools and equipment required by the employee(s) to
perform their duties shall be provided by the employer.
24. Change Rooms and
Amenities
The employer shall provide limited change room facilities
for the use of the employee(s), free of charge. Such change rooms shall be equipped with hot and cold showers and
shall be fitted with locker accommodation where practicable.
Employees required to work out in the open shall be issued
with block-out cream.
Further, employees shall have access to fresh water at their
work sites.
25. Grievance and
Dispute Resolution Procedures
(i) Procedures
relating to grievances of individual employees
(a) The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) A grievance must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing a proposed remedy.
(e) While a procedure
is being followed, normal work must continue.
(f) The employee
may be represented by the union for the purpose of each procedure.
(ii) Procedures
relating to disputes, etc. between the employer and the employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, work must continue as directed by the employer.
(d) The employer may
be represented by an industrial organisation of employers and the employees may
be represented by the union for the purpose of each procedure.
26. Area, Incidence
and Duration
(i) This award
shall regulate the terms and conditions of employees engaged within the scope
of the classification structure contained in subclause (iii) of clause 4, Rates
of Pay, to perform such functions as therein described at the Sydney Olympic
Park, Homebush, and employed by an employer contracted to provide such services
by the Sydney Olympic Park Authority and/or its successor.
(ii) This award is
made following a review under section 19 of the Industrial Relations Act 1996
and rescinds and replaces the Sydney Olympic Park Visitors Services (State)
Award 2002 published 27 September 2002 (336 I.G. 505), as varied.
(iii) 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 28 August 2008.
(iv) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
(v) This award
shall not apply to employees engaged by the operators (or subcontractors) of
the following:
(a) Sydney Olympic
Park Athletics Centre
(b) Sydney Olympic
Park Aquatic Centre;
(c) Sydney Olympic
Park Archery Centre
(d) Sydney Olympic
Park Sports Centre (State Sports Centre;
(e) Royal
Agricultural Society Showground site;
(f) ANZ Stadium
(Olympic Stadium);
(g) ACER Arena
(formerly Sydney SuperDome;
(h) Sydney Olympic
Park Tennis Centre;
(i) Novotel/Ibis
Hotel
(j) Sydney Olympic
Park Hockey Centre
(k) Sydney Olympic
Park Golf Centre
(l) Monster
Skatepark/ BMX/Mountain X
and this award shall not apply to any future venues, of
any description, and/or structures created at Sydney Olympic Park.
27. No Extra Claims
It is a term of this award that the union undertakes not to
pursue any extra claims, award or over-award, of any nature, for the duration of the award.
28. No Reduction of
Entitlements
No existing employee at the date of the implementation of
this award shall suffer a reduction in either conditions or rates of pay,
whether award-based or not, simply as a consequence of the existence of this
award and its impacting on their employment.
29. Payroll Advice
All employees shall be issued with a written payroll advice
indicating all deduction made from the wage, classification and hourly rate of
pay, superannuation details, gross and net pay for the period, within five
working days of the completion of the pay period concerned or otherwise as
required to comply with the requirements of the Industrial Relations Act 1996.
30. Superannuation
The employer shall make superannuation contributions into a
complying fund on behalf of all eligible employees in accordance with the
relevant Commonwealth legislation excepting that the employer shall be required
to make the said contribution on a monthly basis.
31. Rehabilitation
Services
Notwithstanding the employers right to choose an appropriate
rehabilitation provider, Australian Injury Management Pty Limited (AIM) is
recognised as a suitable rehabilitation provider.
32. Secure Employment
(i) 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.
(ii) Casual
Conversion
(a) 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 six 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 clause.
(b) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this clause if the employer fails to comply with this notice requirement
(c) Any casual
employee who has a right to elect under subclause 32(ii)(a), upon receiving
notice under subclause 32(ii)(b) 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.
(d) 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
(1) 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
(e) 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 subclause 32(ii)(c), the
employer and employee shall, in accordance with this clause, and subject to
subclause 32(ii)(c), 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
(f) Following an
agreement being reached pursuant to subclause 32(ii)(e), 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
(g) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this clause
(h) The parties
recognise the seasonal nature of casual employment at the Centres and
acknowledge that regular and systematic work may extend over a number of months
on a seasonal basis, but not over the full year. These circumstances will
constitute valid grounds for the employer to not unreasonably refuse an employee’s election to convert to
full time or part time employment ( in accordance with subclause 32(ii)(c) )
where the seasonal nature of the work can be demonstrated
(iii) Occupational
Health and Safety
(a) For the purposes
of this clause, 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
(b) 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.
(c) Nothing in
subclause 32(iii) 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.
(iv) Disputes
Regarding the Application of this Clause
(a) 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.
(v) 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.
PART B
MONETARY RATES
Table 1 - Rates of
Pay
The following shall be the ordinary hourly rates for
employees engaged between Monday and Sunday, excluding public holidays.
|
Classification
|
Weekly Employees
(per hour)
|
Casual Hourly Rates
|
|
|
$
|
$
|
|
Level 1
|
15.95
|
19.35
|
|
Level 2
|
17.55
|
21.30
|
|
Level 3
|
19.20
|
23.30
|
|
Level 4
|
22.25
|
27.05
|
The parties agree that the monetary figures contained in
this award reflect the outcome of past State Wage Cases, up to and including
the 2005, 2006 and 2007 State Wage Case.
Further, it is also agreed that the above rates will be adjusted in line
with the monetary outcomes or percentage adjustments of the 2008 State Wage
Case.
PART C
CLASSIFICATIONS
Level 1
Shall be an employee with no qualifications and who performs
duties of a routine nature, requiring the use of minimum judgement and
supervision. Employees at this level
may include the initial recruit, who may have limited relevant experience.
Indicative of some of the duties that an employee at this
level may perform are car park attendant and event marshall.
An employee at this level will be able to communicate with
the public in a courteous and tactful manner.
This position will work under close supervision and undergo on-the-job
training.
Upon completion of 400 hours of employment, an employee
would be reclassified to Level 2.
Level 2
Shall be an employee who has:
(a) undertaken
structured training recognised by the employer as being relevant; or
(b) completed 400
hours' employment at the level required of a Level 1 operative or equivalent
work within the Leisure and Recreation Venue Management Sector, including
acting as a traffic controller in regard to avenue or event at which this award
applies.
An employee at this level would:
demonstrate a capacity to work in a team environment
under routine supervision and assist with the provision of on-the-job training
to a limited degree; and
where appropriate, hold and maintain first aid and
other qualifications recognised as being in accordance with the safe and
effective conduct of duties involving public and employee health and safety;
and
undertake retail transactions and/or be responsible for
the presentation of tours or information sessions.
In addition to the requirements of Level 1 employees, the
following are indicative of the duties that an employee at this level may
perform - ticket sales agent, venue tour guide, general operational assistant,
event staff centre and communications centre staff.
Level 3
An employee at this level shall exercise discretion within
one's own level of skill, training and authority. The employee would have delegated responsibility for work under
his/her control or supervision in terms of allocation of duties, co-ordination
of workflows, checking progress, quality of work and resolving problems.
In addition to the requirements of Level 1 and 2 employees,
the following is indicative of the duties that an employee at this level may
perform - event staff team leader, supervising employees at Levels 1 and 2.
Level 4
Shall be an employee who, subject to broad guidance or
direction, reports to more senior staff as required and has appropriate levels
of experience and/or qualifications commensurate with the duties.
In addition to the requirements of Level 1, 2 and 3
employees, the following is indicative of the duties an employee at this level
may perform - an event supervisor, supervising employees at Levels 1, 2 and 3.
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.