Sydney
Cricket and Sports Ground Trust (Ground Staff) Enterprise Award 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Sydney
Cricket and Sports Ground Trust.
(No. IRC 1139 of 2012)
Before Commissioner
Bishop
|
20 November 2012
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Coverage
4. Definitions
5. Intent of the
Enterprise Award
6. Commitment
to Improving Productivity, Efficiency and Flexibility
7. Full-time,
Part-time and Casual Employees
8. Hours of
Work
9. Meal
Allowance
10. Meal Breaks
11. Excess
Hours
12. Public
Holidays
13. Annual
Leave
14. Sick Leave
15. Personal/Carers
Leave
16. Bereavement
Leave
17. Income
Protection Plan
18. Induction/Training
19. Consultative
Committee
20. Occupational
Health and Safety
21. Labour
Flexibility
22. Additional
Functions
23. Supplementary
Staff
24. Working in
the Rain
25. Acting
Supervisor
26. Change
Rooms
27. Tools
28. Trust
Uniform and Personal Identification
29. Job
Representative
30. Wage Rates
31. Payment of
Wages
32. Terms of
Engagement
33. Redundancy
34. No Extra
Claims
35. Long
Service Leave
36. Grievance
and Dispute Procedures
37. Declaration
38. Provision
of Training
39. Commencement
and Duration
40. Jury
Service
41. Superannuation
42. Anti-Discrimination
Part B
Table 1
Table 2
2. Title
This Enterprise Award shall be known as the Sydney Cricket
and Sports Ground Trust (Ground Staff) Enterprise Award 2012.
3. Coverage
3.1 This Enterprise
Award shall apply to all Ground Staff employed by the Sydney Cricket and Sports
Ground Trust at the Moore Park site, previously regulated by the Sydney Cricket
and Sports Ground Trust (Ground Staff) Enterprise Award 2011 made by the New
South Wales Industrial Relations Commission. This Enterprise Award shall
prevail to the extent of any inconsistency.
3.2 This Enterprise
Award shall apply to:
3.2.1 Sydney Cricket
and Sports Ground Trust ("the Trust")
3.2.2 Employees engaged
by the Trust to work in the Grounds Department, including apprentices,
greenkeepers, mechanics, grounds persons and gardeners.
4. Definitions
4.1 "Enterprise
Award" means the Sydney Cricket and Sports Ground Trust (Ground Staff)
Enterprise Award 2012.
4.2 "Operative
Date" means the date on which this Enterprise Award is made by the
Commission and becomes legally binding on the parties.
4.3 "Enterprise"
means the Sydney Cricket and Sports Ground Trust.
4.4 "Grounds
Person Grade D" shall mean an employee of school leaving age who has
entered into a formal traineeship or training relationship or apprenticeship
with the Sydney Cricket and Sports Ground Trust in accordance with the
Theatrical Employees (Training Wage)(State) Award.
An employee at this level shall work under the direct
supervision of a Grounds Person Grade B or higher. An employee at this level
shall not necessarily be guaranteed ongoing employment beyond their
traineeship.
4.5 "Union"
means The Australian Workers’ Union, New South Wales
4.6 "Grounds
Person Grade C" shall mean an employee with recognised industry experience
appropriate to the operational needs of the Trust and who is undertaking a
structured courses in Greenkeeping or a Horticultural Diploma or other
qualification deemed relevant by the Trust at an approved TAFE College.
Upon the successful completion of the approved
course(s) of study, a Grade C employee will, subject to the satisfactory
performance of their duties, have the expectation of ongoing employment by the
Trust.
4.7 "Grounds
Person Grade B" shall be an employee holding a Greenkeepers Certificate or
Horticultural Certificate or other appropriate trade qualification
4.8 "Grounds
Person Grade A" shall mean:
4.8.1 an employee who
holds a recognised Tertiary qualification relevant to the operational needs of
the Trust; or
4.8.2 an employee who
holds a dual green keepers and horticultural qualifications or equivalent
quantification recognised by the Trust and who has completed at least one
years’ service at the level of a Grade B Grounds Person; or
4.8.3 an employee who
has completed at least two years’ service as the level of a Grade B Grounds
Person.
4.9 "Commission"
means the Industrial Relations Commission of NSW
5. Intent of the
Enterprise Award
5.1 This Enterprise
Award has been negotiated to provide the vehicle by which the grounds
maintenance operations of the Trust can be established in an efficient, flexible
and productive manner.
5.2 The Trust, and
the employees each recognise that the work methods that were used in the past,
may not be consistent with the current needs of the Enterprise. It is therefore
important that change be introduced in a consultative, constructive and managed
way in order to secure the future viability of the Enterprise and hence the
long term job security of the Employees together with fair and equitable
working conditions.
5.3 The parties
therefore commit to co-operate in their collective efforts to achieve
significant, lasting improvements in productivity, efficiency and flexibility
together with fair and equitable working conditions.
5.4 The parties
anticipate that the Enterprise Award shall:
Increase job satisfaction and security.
Increase the skill levels of all members of the
workforce with the implementation of training programs, tailored to meet the
requirements of the work programme.
Increase Trust efficiency and profitability.
Establish a management system that generates informed
and democratic input from employees on all work related issues.
Ensure the development of a decisive, committed and
responsive Trust decision making structure that resources and supports the
contributions of employees to workplace reform.
Achieve change and progress through a process of
communications, agreement and team work.
Improves the competitive position of the Trust in the
market.
Protect and enhance the quality of the environment.
Realistically ensure and promote equality of employment
and shall preclude discrimination on the basis of sex, marital status, ethnic
background, religious or political beliefs.
6. Commitment to
Improving Productivity, Efficiency and Flexibility
6.1 The parties to this
Enterprise Award are committed to continually developing flexibility over the
functions performed by the Trust. The flexibility should be consistent with
agreed productivity objectives and the removal of artificial demarcation work
barriers by agreement, subject to competence and training.
6.2 The commitment
extends to individual employees performing tasks that, while primarily
involving the skills of the employee’s classification, are incidental or
peripheral to the primary task and enables the completion of the whole task.
Such incidental or peripheral tasks would be carried out giving due
consideration to it being safe, legal, sensible and within the employee’s
competence.
6.3 Employees shall
be required to perform all duties required by the Enterprise within their skill
and competence. This clause is designed to ensure the elimination of
demarcation barriers preventing an employee from performing the whole job.
6.4 During the term
of this Enterprise Award, the parties agree to confer on other productivity
improvements.
7. Full-Time,
Part-Time and Casual Employees
7.1 An employee
shall be engaged as either a full-time, part-time, or casual employee.
7.2 A full-time
employee shall mean an employee who is engaged to work an average of
seventy-six hours in a fortnight.
7.3 A part-time
employee shall mean an employee engaged to work a minimum of six hours per week
or a minimum of twelve hours over twenty eight days (with a minimum of two
hours for each engagement). A part-time employee shall receive sick leave,
annual leave and long service leave on a pro rata basis.
7.4 A casual
employee shall mean an employee who is engaged and paid as such. A casual
employee shall be paid the appropriate hourly rate as set out in Table 2 of
Part B of this Enterprise Award. The casual hourly rate contained in this
Enterprise Award, contains a component in lieu of any entitlement to sick
leave, bereavement leave, long service leave and annual leave.
7.5 A casual
employee shall receive a minimum payment of 3 hours for each engagement, to be
worked consecutively.
8. Hours of Work
8.1 The ordinary
hours of work shall be an average of seventy six hours in any fortnight and may
be worked on any five days of the week, Monday to Sunday between the hours of
6:00am and 11:30 pm.
8.2 Any hours worked
between 11:30pm and 6:00am shall be paid to the Employees at time and one half.
8.3 Employees will
be required to work no more than eight ordinary hours on any day.
8.4 Unless an
agreement is made to the contrary, Employees shall receive a minimum break
between shifts of ten (10) consecutive hours.
8.5 Should an
agreement be reached pursuant to clause 8.4 to waive the minimum break between
shifts and the Employee commences work prior to receiving a 10 hour break, that
Employee shall be paid a penalty of time and one half for the hours up to the
time when the ten (10) hour break would have been completed.
For example, if the Employee finishes work at 12:00am
(midnight) and starts his/her next shift at 8:00am, the Employee is entitled to
the time and one half penalty for the first two hours of his/her shift,
finishing at 10:00am.
8.6 Rosters shall be
based on ten work days in any fourteen day cycle with days off being taken
consecutively wherever possible.
9. Meal Allowance
A meal allowance of $10.37 shall be payable to an
employee where he/she works 2 hours or more after their scheduled finishing
time. This allowance will increase to $10.75 from the first full pay period
after 1 October 2013, and $11.15 from the first full pay period after 1 July
2014.
10. Meal Breaks
10.1 Employees shall
be entitled to an unpaid meal break of forty five minutes, which should be
taken no more than five hours after commencing duty.
10.2 The time of the
meal break shall be determined by the majority of the employees concerned and
the Enterprise.
10.3 An employee who
works for more than four hours shall be entitled to a ten minute paid tea break
and shall be entitled to a further ten minute paid tea break where work
continues beyond eight hours.
10.4 The time of the
tea breaks shall be determined mutually by a majority of employees concerned
and the Enterprise and may be staggered with meal breaks.
11. Excess Hours
11.1 All time in
excess of eight hours in any one day or in excess of 76 hours per fortnightly
pay cycle shall be overtime and shall be credited to an ‘overtime bank’. The
employee may, with the consent of the employer, take an equivalent number of
ordinary hours off as time in lieu.
11.2 Employees may
only accrue a maximum amount of 76 hours in the ‘overtime bank’ at any given
time.
11.3 Employees engaged
within the ‘Grounds Mechanic’ classification may accrue a maximum of 152 hours
in the ‘overtime bank’ at any given time.
11.4 Where the Enterprise
deems that the employee can perform no productive work, the employee may be
directed to cease work prior to the normal eight hours being completed. The
difference in hours between cessation of work and normal eight hour day will be
deducted from the overtime bank.
11.5 The employee may
not be directed to cease work if it would cause the overtime bank to be more
than eight hours in the negative without agreement between the Curator and the
employee.
11.6 The above
arrangements have applied from the commencement of the previous Certified
Agreement and shall continue to apply under this Enterprise Award; any hours
outstanding in regard to the overtime bank arising from the previous Enterprise
Award or previous Certified Agreement shall remain unaffected by this provision
12. Public Holidays
12.1 The days on which
New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday,
Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day, Boxing
Day or any day proclaimed in lieu thereof and other days which may be
proclaimed as public holidays for the State shall be holidays and no deduction
in respect of such holidays shall be made from the wages due to any employee
for the week in which such holidays or holidays occur.
12.2 If an ordinary
work day falls on a public holiday and the employees are required to work, then
the employees will be paid at single time with 1.5 times the number of hours
being credited to the overtime bank.
12.3 A full time, part
time or fixed term employee, who presents proof of purchase of a ticket to the
Union’s Picnic Day function, at least ten (10) calendar days in advance of the
event, shall be entitled to paid leave to attend the function. The Union shall
advise management at least three (3) months prior to the event of any change of
date to the Picnic, which shall otherwise be held on the first Monday in
December.
13. Annual Leave
13.1 Full time
employees shall receive annual leave of 5 weeks per annum plus 17.5% annual
leave loading, upon the completion of 12 months’ service.
13.2 Part time
employees shall be entitled to four (4) weeks paid annual leave per annum plus
17.5% Annual Leave Loading, upon the completion of twelve months’ service.
13.3 The loading
referred to in 13.1 above shall be paid to all weekly employees as a lump sum
either at the beginning of the pay period commencing on or after 1st January
each year or at the termination of their employment as a pro-rata amount.
13.4 Leave shall only
be taken between the months of April and September in any calendar year with
the agreement of the Enterprise.
14. Sick Leave
Existing Employees (employed as at 27 October 2004)
14.1 A weekly employee
who has been employed for less than five years shall be entitled to 10 days’ sick
leave per annum.
A weekly employee who has been employed for more than
five years shall be entitled to 20 days’ sick leave per annum during the sixth
and subsequent years of service.
New Employees (engaged after 27 October 2004)
14.2 A weekly employee
who has been employed for less than five years shall be entitled to 10 days’
sick leave per annum.
A weekly employee who has been employed for more than
five year s shall be entitled to 15 days’ sick leave per annum during the sixth
and subsequent years of service.
14.3 Such sick leave
shall be cumulative.
14.4 Part-time
employees shall receive sick leave on a proportionate basis.
14.5 An employee shall
not be entitled to sick leave where payments are being made to such employee
under the Workers’ Compensation Insurance or pursuant to the Sickness and
Accident Income Protection Plan as provided for in clause 17 of this Enterprise
Award.
14.6 Where an employee
is ill or incapacitated within the meaning of the Clause, on a rostered day off
or shift off, he/she shall not be entitled to sick pay on that day nor shall
his/her sick leave entitlement be reduced as a result of such illness or
incapacity.
14.7 Where an employee
is absent for more than one consecutive day, or more than five single days in a
year, the employee may be required to provide the Trust with satisfactory
evidence i.e., doctors certificate or statutory declaration, stating the nature
of the illness and the duration of the absence.
15. Personal/Carers
Leave
(a) Use of Sick
Leave
(i) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (2) of paragraph (iii), who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 14, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part of a single day.
(ii) The employee
shall, if required, 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. In normal circumstances, an
employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) The employee
being responsible for the care of the person concerned; and
(2) The person
concerned being;
(A) a spouse of the
employee; or
(B) 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
(C) 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 or legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(D) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(E) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
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 relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(iv) An employee
shall, wherever practicable, give the Enterprise notice prior to the absence of
the intention to take leave, the name of the person requiring care and the
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 Enterprise by
telephone of such absence at the first opportunity on the day of absence.
(b) Unpaid Leave for
Family Leave
(i) An employee may
elect, with the consent of the Enterprise, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
subparagraph (2) of paragraph (iii) of subclause (a) who is ill.
(c) Annual Leave
(i) An employee may
elect with the consent of the Enterprise, subject to the Annual Holidays Act
1944 (NSW), to take annual leave not exceeding five days in single day periods
or part thereof, in any calendar year at a time or times agreed by the parties.
(ii) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this Enterprise Award.
(iii) An employee
and Enterprise may agree to defer payment of the annual leave loading in
respect of single day absences, until at least five consecutive annual leave
days are taken.
(d) Time Off in Lieu
of Payment of Overtime
See clause 11 of this Enterprise Award.
(e) Make-up Time
An employee may elect, with the consent of the
Enterprise, 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 the Enterprise Award, at the ordinary rate
of pay.
16. Bereavement Leave
16.1 A full-time or
part-time 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
death within Australia of a member of the employee’s family or household (as
defined in paragraph 15(a)(iii)(2) of clause 15, Personal/Carers Leave).
16.2 Bereavement leave
may be taken in conjunction with other leave available under subclauses 1, 2,
3, 4 and 5 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 Enterprise.
17. Income Protection
Plan
All full-time, part-time and casual employees to whom
this Enterprise Award applies shall be covered by the Sickness and Accident
Income Protection Plan approved and endorsed by the Union.
It is a term of this Enterprise Award that the
Enterprise will bear the costs of 1.27 per cent (inclusive of GST) of gross
weekly pay per week per member, or $1.50 per week in the case of casual
employees, towards providing protection under the endorsed plan.
18.
Induction/Training
18.1 All new employees
of the Trust will attend an Induction course. The purpose of the Induction is
to ensure each new employee is familiar with the Company’s operations, methods
of work and to ensure that they are clearly instructed in and fully understand
the Trust’s expectations of them in regard to Safety, Quality, Work
Performance, Flexibility and Attitude.
18.2 The induction
shall include information of the following:
Scope, purpose and general briefing on the Contract.
Familiarisation with, and adherence to, the terms of
Employment continued within the Agreement governing each employee’s contract of
employment.
Adherence to Legislative, Site and Enterprise safety
standards and requirements.
Co-operative objectives regarding goals that the Trust
has while carrying out the Contract.
Specific reference to the application of the Avoidance
of Disputes - Grievance Procedure and Continuous Operations clauses.
Outline of House Rules, including disciplinary
procedures.
19. Consultative
Committee
19.1 Composition of
Consultative Committee
19.1.1 A Consultative
Committee shall continue to assist management in the implementation of
initiatives consistent with the intent of the Enterprise Award.
19.1.2 The Consultative
Committee shall consist of two representatives of the workforce and two
representatives of management, being the General Manager and the Head
Supervisor who shall meet every second month.
19.2 Scope of Tasks of
the Consultative Committee
19.2.1 The task to be
undertaken by the Consultative Committee shall be broad and shall be in the
best interests of the quality and task execution for the Enterprise, consistent
with this Enterprise Award. The tasks to be undertaken shall include, but shall
not necessarily be limited to the following:
Oversee the Training Program content and evaluation
criteria to suit the requirements of the Trust for the maintenance servicing of
the Trust’s assets.
Facilitate the resolution of difficulties and problems
which may arise.
Contribute to the development of work rosters.
Create feasible work methods to enhance productivity
and efficiency.
Develop concepts for productivity and efficiency
improvements within the Enterprise.
Develop an open, participative and co-operative
management approach.
Promote team based work methods.
Assist with communication, participative and training
programmes to bring about attitudinal and cultural change.
Ensure propagation of experience, knowledge and skills
at all levels.
20. Workplace Health
and Safety
20.1 Scope
20.1.1 Consistent with
the Trust’s obligations under the relevant Workplace Health and Safety
legislation, employees may be required to attend a duly qualified medical
practitioner for examination at the Trust’s expense prior to commencement of
employment at the Trust.
20.1.2 Giving due
consideration to each employee’s work scope. The Trust may require employees to
be immunised against infectious diseases, where they are considered to be at
risk.
20.1.3 The Trust shall
comply with all the provisions of the Workplace Health and Safety legislation
of NSW which includes the provision of personal protective equipment for
employees when utilising hazardous chemicals or working with noxious materials
or in such conditions.
20.2 Workplace Health
and Safety Committee
20.2.1 A Workplace Health
and Safety Committee has been established pursuant to the relevant provisions
of the Work Health and Safety Act 2011. This Committee shall endeavour to reach
consensus on all aspects of the Trust’s Workplace Health and Safety Policy. The
Workplace Health and Safety Committee shall be separate and distinct from the
Consultative Committee and shall not deal with matters of an Industrial
Relations nature.
21. Labour Flexibility
Employees shall carry out such tasks as are reasonably
incidental or peripheral to their work as directed by the Enterprise.
22. Additional
Functions
22.1 Employees may be
required to assist tradespeople and perform other permanent functions associated
with the maintenance and running of the Sydney Cricket Ground, the Sydney
Football Stadium and any other facility under the care, management or control
of the Trust.
22.2 Notwithstanding
the provisions of 22.1, employees will be primarily engaged within their trade
classification.
23. Supplementary
Staff
Supplementary staff may be used to perform the duties
of placing and removing the covers, goal post pads, operating the sightscreens
and other duties.
24. Working in the
Rain
All employees called upon to work in the rain shall be
supplied, by the Enterprise, with protective clothing, free of charge.
25. Acting Supervisor
An employee appointed by the Enterprise to undertake the
role of Acting Supervisor shall be paid an additional 15% of their ordinary
rate of pay for all hours worked in that capacity.
26. Change Rooms
The Enterprise shall provide a change room for the use
of employees, free of charge. Such rooms shall be equipped with hot and cold
showers and shall be fitted with individual locker accommodation.
27. Tools
An employee shall apply due diligence towards the care
of tools and equipment supplied by the Trust. An employee will as soon as
possible report any lost or damaged tools on the appropriate report form. Periodic checks will be made by stores
personnel of the tools and equipment issued.
28. Trust Uniform and
Personal Identification
28.1 Employee’s must
maintain a neat appearance at all times consistent with operational
requirements.
28.2 Personal
Identification
28.2.1 Due to the
requirement to liaise with members of the public and visitors, all employees
shall be issued with a personal identity card which shall include the employees
name and photograph.
28.2.2 This card must be
produced while on duty if required and must be returned to the Trust should the
employee cease to be employed by the Trust for any reason.
29. Job
Representative
29.1 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.
29.2 The Australian
Workers’ Union job delegates shall be allowed up to five days paid leave per
year to attend approved courses run by the Union.
30. Wage Rates
30.1 This Enterprise
Award provides the following increases in full-time and part-time hourly rates
of pay:
3.68% on and from 1 October 2012
3.68% on and from 1 October 2013
3.68% on and from 1 October 2014
All other hourly rates shall be adjusted accordingly.
30.2 Full time and
part-time employees employed in the classifications set out in Clause 4 shall
be paid the appropriate rate of pay as set out in Column One of Table 1 of Part
B on and from1 October 2012.
30.3 Casual employees
employed in the classifications set out in Clause 4 shall be paid the
appropriate rate of pay as set out in Column One of Table 2 of Part B on and
from1 October 2012.
30.4 Employees who
have entered into a formal traineeship or training relationship with the Trust
shall be paid the appropriate rate relating to Industry/Skill Level B as set
out in the Theatrical Employees (Training Wage) (State) Award.
30.5 Apprentices
employed in the classifications set out in Clause 4 shall be paid the
appropriate rate of pay as set out in Column One of Table 3 of Part B on and
from1 October 2012.
30.6 The rates of pay
set out in Part B Monetary Rates of this Enterprise Award include the following
employee related cost savings:
(a) Reduction in
salary from a Grade A employee who resigned and is replaced by a Grade B
employee. It will be two years before the Grade B employee will be paid at
Grade A level.
(b) Grounds
employees will be responsible for Flag/Banner changes in the Allianz stadium
Forecourt in lieu of contractors.
(c) Over sewing of
the Rye seed will be completed by Grounds employees in lieu of contractors.
30.7 During the term
of this Enterprise Award, the parties are committed to the achievement of such
employee related cost savings. Both the employees and the Union agree to
undertake and commit to the achievement of the employee related cost savings
specified in clause 30.6.
31. Payment of Wages
30.1 Wages shall be paid
on a fixed day no later than the Thursday of each fortnight. Employees shall be
paid during ordinary working hours by Electronic Funds Transfer to their
nominated bank account.
30.2 Any employee who
has to wait after ordinary ceasing time on pay day to receive their wages shall
be rendered assistance until such wages are paid into the nominated bank
account.
32. Terms of
Engagement
Full-time and part-time employees shall be engaged by
the week and their engagement shall be terminated by two week’s notice on
either side given at any time during the week or by the payment or forfeiture,
as the case may be, of two week’s wages in lieu thereof: Provided that this
shall not effect the right of the Enterprise to dismiss any employee without
notice for misconduct or to deduct payment for time lost by any employee who
fails to attend for duty without leave to absent him/herself for actual time of
such non-attendance.
33. Redundancy
(i) Application
(a) This clause
shall apply in respect of full time and part time employees.
(b) This clause
shall only apply to the Enterprise if it employs 15 or more employees
immediately prior to the termination of employment of employees
(c) Notwithstanding
anything contained elsewhere in this Enterprise Award, this clause shall not
apply to employees with less than one year's continuous service and the general
obligation on the Enterprise shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding
anything contained elsewhere in this Enterprise Award, this clause shall not
apply where employment is terminated as a consequence of conduct that justifies
instant dismissal, including malingering, inefficiency or neglect of duty, or
in the case of casual employees, apprentices or employees engaged for a
specific period of time or for a specified task or tasks or where employment is
terminated due to the ordinary and customary turnover of labour.
(ii) Introduction
of Change
(a) Where the
Enterprise has made a definite decision to introduce major changes in
production, program, organisation, structure or technology that are likely to
have significant effects on employees, the Enterprise shall notify the
employees who may be affected by the proposed changes and the union to which
they belong.
(b) 'Significant
effects' include termination of employment, major changes in the composition,
operation or size of the Enterprise’s workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
Provided that where this Enterprise Award makes
provision for alteration of any of the matters referred to herein, an
alteration shall be deemed not to have significant effect.
(iii) Enterprises
Duty to Discuss Change
(a) The Enterprise
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in subclause (ii) of
this clause, 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.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the Enterprise to make the changes referred to in subclause (ii) of this
clause.
(c) For the purpose
of such discussion, the Enterprise shall provide to the employees concerned and
the union to which they belong all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees provided
that the Enterprise shall not be required to disclose confidential information
the disclosure of which would adversely affect the Enterprise.
(iv) Discussions
Before Terminations
(a) Where the
Enterprise has made a definite decision that the Enterprise no longer wishes
the job the employee has been doing done by anyone pursuant to paragraph (a) of
subclause (ii), of this clause and that decision may lead to the termination of
employment, the Enterprise shall hold discussions with the employees directly
affected and with the union to which they belong.
(b) The discussions
shall take place as soon as is practicable after the Enterprise has made a
definite decision which will invoke the provision of paragraph (a) of this
subclause and shall cover, inter alia, any reasons for the proposed terminations,
measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of any termination of the employees concerned.
(c) For the purposes
of the discussion the Enterprise shall, as soon as practicable, provide to the
employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out. Provided that the Enterprise
shall not be required to disclose confidential information the disclosure of
which would adversely affect the Enterprise.
(v) Notice for Changes
in Production, Program, Organisation Or Structure
This subclause sets out the notice provisions to be
applied to terminations by the Enterprise for reasons arising from
'production', 'program', 'organisation' or 'structure' in accordance with
paragraph (a) of subclause (ii) of this clause.
(a) In order to
terminate the employment of an employee the Enterprise shall give to the
employee the following notice:
Period
of Continuous Service
|
Period
of Notice
|
|
|
Less than 1 year
|
1
week
|
1 year and less than 3 years
|
2
weeks
|
3 years and less than 5 years
|
3
weeks
|
5 years and over
|
4
weeks
|
(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 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.
(vi) Notice for
Technological Change
This subclause sets out the notice provisions to be
applied to terminations by the Enterprise for reasons arising from 'technology'
in accordance with paragraph (a) of subclause (ii) of this clause:
(a) In order to
terminate the employment of an employee the Enterprise shall give to the
employee 3 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 Enterprise 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.
(vii) Time Off During
the Notice Period
(a) During the period
of notice of termination given by the Enterprise 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 Enterprise, be required to produce proof of attendance at an interview or
the employee shall not receive payment for the time absent.
(viii) 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 Enterprise until the expiry of such notice. Provided that in
such circumstances the employee shall not be entitled to payment in lieu of
notice.
(ix) Statement of
Employment
The Enterprise shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
(x) Notice to
Centrelink
Where a decision has been made to terminate the
employment of employees, the Enterprise shall notify the Commonwealth
Employment Service thereof as soon as possible giving relevant information
including the number and categories of the employees likely to be affected and
the period over which the terminations are intended to be carried out.
(xi) Centrelink
Separation Certificate
The Enterprise shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
'Employment Separation Certificate' in the form required by the Department of
Social Security.
(xii) Transfer to
Lower Paid Duties
Where an employee is transferred to lower paid duties for
reasons set out in paragraph (a) of subclause (ii), of this clause, 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 Enterprise may at the Enterprise'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.
(xiii) Severance Pay
Where the employment of an employee is to be terminated
pursuant to subclause (v) of this clause, subject to further order of the
Industrial Relations Commission, the Enterprise shall pay the following
severance pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the Enterprise shall pay in accordance with the
following scale:
Years
of Service
|
Under
45 Years of 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
|
(b) Where an employee
is 45 years old or over, the entitlement shall be in accordance with the
following scale:
Years of Service
|
45
Years of Age & Over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5
weeks
|
2 years and less than 3 years
|
8.75
weeks
|
3 years and less than 4 years
|
12.5
weeks
|
4 years and less than 5 years
|
15
weeks
|
5 years and less than 6 years
|
17.5
weeks
|
6 years and over
|
20
weeks
|
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 Enterprise Award/Certified Agreement
payments, shift penalties and all purpose allowances paid in accordance with
the Enterprise Award/Certified Agreement.
(xiv) Incapacity to
Pay
Subject to an application by the Enterprise and further
order of the Industrial Relations Commission, an Enterprise may pay a lesser
amount (or no amount) of severance pay than that contained in subclause (xiii)
of this clause.
The Industrial Relations Commission shall have regard
to such financial and other resources of the Enterprise concerned as the
Industrial Relations Commission thinks relevant, and the probable effect of
paying the amount of severance pay in subclause (xiii) of this clause will have
on the Enterprise.
(xv) Alternative
Employment
Subject to an application by the Enterprise and further
order of the Industrial Relations Commission, the Enterprise may pay a lesser
amount (or no amount) of severance pay than that contained in subclause (xiii)
of this clause if the Enterprise obtains acceptable alternative employment for
an employee.
(xvi) Procedures
Relating to Grievances
Grievances relating to individual employees will be
dealt with in accordance with clause 36, Grievance and Disputes Procedure' of
this Enterprise Award.
34. No Extra Claims
34.1 This Enterprise
Award constitutes the entire agreement between the parties with respect to
rates of pay and all other conditions of employment and there shall be no
further claims, whatsoever, by any party during the term of this agreement
34.2 The agreed rates
of pay and conditions comprehend all working conditions to be encountered in
the performance of work. No additional special areas or allowances shall be
applicable other than those specified by this Enterprise Award.
34.3 There shall be no
further wage increases for the life of this Enterprise Award.
34.4 The parties to
this Enterprise Award acknowledge that this agreement takes into consideration
any increases which may occur in the relevant parent award during the currency
of this Enterprise Award.
35. Long Service
Leave
See Long Service Leave Act 1955 (NSW)
36. Grievance and
Dispute Procedures
The procedure for the resolution of industrial
disputation will as follows:
36.1 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:
36.1.1 The matter is discussed
between the staff member(s) and the supervisor involved. If the matter is not
resolved, then:
36.1.2 The employee may
be required to provide in writing the substance of the grievance and state the
remedy sought.
36.1.3 The matter is then
discussed between the staff member(s), the supervisor and the manager. If the
matter remains unresolved, then:
36.1.4 The matter is
discussed between the staff member(s), the union delegate or staff member(s)
representative and the supervisor and/or Manager. If the matter remains
unresolved, then:
36.1.5 The matter is
discussed between senior representatives of the organisation and the relevant
union and/or staff member(s) representative.
36.2 Each of the
following steps will be followed within a reasonable time frame, allowing
sufficient time for discussions at each level of authority and having regard to
the nature of the grievance or dispute.
36.3 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 considering this step.
36.4 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.
36.5 It is agreed that
the parties will not deliberately frustrate or delay these procedures.
36.6 Normal work will
continue without disruption while these procedures are followed.
37. Declaration
The parties declare that this Enterprise Award:
37.1 Is not contrary
to the public interest;
37.2 Was not entered
into under duress;
37.3 Is not unfair,
harsh or unconscionable;
37.4 Is in the interests
of the parties.
38. Provision of
Training
38.1 This Enterprise
Award shall be read concurrently with the provisions of the Theatrical
Employees (Training Wage) (State) Award.
38.2 The Trust shall
pay all fees associated with the conduct of the training courses associated
with the traineeship or training relationship or apprenticeship of a Grounds
Person Grade D, and will provide paid study leave to facilitate the successful
completion of the training modules.
38.3 The Trust shall
provide a Grounds Person Grade C where possible with one full day’s paid
attendance at an approved course, each week, with flexibility being provided to
accommodate the exam timetable. A Ground Person Grade C will be required to
meet all costs associated with the agreed training courses.
38.4 The Trust will
assist a Grounds Person Grade A to attend appropriate training courses through
the provision of flexible rostering. A Grounds Person Grade A shall not be
entitled to paid time to attend an appropriate training course (s) nor shall
they be entitled to have their expenses associated with the training course
paid for by the Trust]
38.5 The Trust will
assist a Grounds Person Grade A with greater than 2 years of service to take
extended leave which will be approved at the discretion of the Trust to attend
international venues approved by the Trust for the purposes of employee
development. A Grounds Person Grade A will, where possible use annual leave or
long service leave entitlements where appropriate and can extend the leave
period with unpaid leave for a maximum period of ten weeks.
Extended leave will only be approved during non peak
periods and when an adequate level of service within the Grounds department can
be maintained with existing levels of staff.
Continuity of service will continue for the duration of
unpaid leave providing this total amount of absence does not exceed 10 weeks.
Grounds employees shall not be entitled to have their
expenses associated with the travel to similar venues paid for by the Trust.
39. Commencement and
Duration
This Enterprise Award shall commence from 1 October
2012, and shall remain in force for a nominal term of 3 years.
40. Jury Service
40.1 A full time employee
required to attend for jury service during his/her ordinary working hours shall
be reimbursed by the Trust an amount equal to the difference between the amount
paid in respect of his/her attendance for such jury service and the amount of
wage he/she would have been paid in respect of his/her attendance for such jury
service and the amount of wage he/she would have received in respect of the
ordinary time he/she would have worked had he/she not been on jury service.
40.2 An employee shall
notify his/her employer as soon as practicable of the date upon which he/she is
required to attend for jury service, and shall provide his/her employer with
proof of his/her attendance, the duration of such attendance, and the amount
received in respect thereof.
41. Superannuation
41.1 The subject of
superannuation legislation is dealt with extensively by federal legislation
including the Superannuation Guarantee (Administration) Act 1992 (Cth),
the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation
(Resolution of Complaints Act 1993 (Cth), and s124 of the Industrial
Relations Act 1996. This legislation, as varied from time to time, governs
the superannuation rights and obligations of the parties.
42.
Anti-Discrimination
42.1 It is the intention
of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act 1996 (NSW), to prevent and
eliminate discrimination in the workplace on the grounds of race, sex, marital
status, disability, homosexuality, transgender identify, age and
responsibilities as a carer.
42.2 Accordingly, in
fulfilling their obligations under the dispute resolution procedures, 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.
42.3 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.
42.4 Nothing in this
clause is to be taken to affect:
42.4.1 any conduct or act
which is specially exempted from anti-discrimination legislation;
42.4.2 offering or
providing junior rates of pay to person under 21 years of age;
42.4.3 any act or
practice of body established to propagate religion which is exempted under
section 56(d) of the Anti Discrimination Act 1977 (NSW)
42.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
42.5 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"
PART B
Table 1 - Full Time And Part Time Employees
|
Hourly Rate of Pay ($)
|
Classification
|
Column 1
|
Column 2
|
Column 3
|
Grounds Person Grade A
|
34.89
|
36.17
|
37.50
|
Grounds Person Grade B
|
31.71
|
32.88
|
34.09
|
Grounds Person Grade C
|
30.13
|
31.24
|
32.39
|
Grounds Mechanic
|
39.35
|
40.80
|
42.30
|
Table 2 - Casual Employees
|
Hourly Rate of Pay ($)
|
Classification
|
Column 1
|
Column 2
|
Column 3
|
Grounds Person Grade A
|
41.86
|
43.40
|
45.00
|
Grounds Person Grade B
|
38.08
|
39.48
|
40.93
|
Grounds Person Grade C
|
36.27
|
37.60
|
38.98
|
Table 3 - Apprentices
|
Hourly Rate of Pay ($)
|
Classification
|
Column 1
|
Column 2
|
Column 3
|
|
1ST YEAR OF APPRENTICESHIP
|
15.85
|
16.43
|
17.03
|
|
2RD YEAR OF APPRENTICESHIP
|
18.38
|
19.06
|
19.76
|
|
3RD YEAR OF APPRENTICESHIP
|
21.72
|
22.52
|
23.35
|
|
4TH YEAR OF APPRENTICESHIP
|
24.74
|
25.65
|
26.59
|
|
N.B. Column 1
applies from 1 October 2012
Column 2 applies from 1 October 2013
Column 3 applies from 1 October 2014
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.