SYDNEY AQUATIC CENTRE AND SYDNEY ATHLETICS CENTRE (STATE) AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Employers
First, industrial organisation of employers.
(No. IRC 1628 of 2002)
Before Commissioner
McLeay
|
22 April 2002
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Parties
to this Award
3. Intention
4. Rates of
Pay
5. Income
Protection Plan
6. Hours of
Work
7. Full-Time,
Part-Time, Fixed Term and Casual Employees
8. Higher
Duties
9. Meal
Breaks
10. Excess
Hours Worked
11. Public
Holidays
12. Sick Leave
13. Family
Leave
14. Bereavement
Leave
15. Parental
Leave
16. Terms of
Engagement
17. Training
Wage
18. Payment of
Wages
19. Annual
Leave and Annual Leave Loading
20. Consultative
Mechanism
21. Labour
Flexibility
22. Uniforms
and Protective Clothing
23. Tools and
Equipment
24. Change
Rooms
25. Redundancy
26. Grievance
and Dispute Resolution Procedures
27. No Extra
Claims
28. Leave
Reserved
28A. Anti-Discrimination
29. Area,
Incidence and Duration
PART B
Table 1
Table 2
2. Parties to This
Award
The parties to this award are:
(i) The Sydney
Cricket and Sports Ground Trust ("the Employer"); and
(ii) The Australian
Workers’ Union, New South Wales ("the AWU").
3. Intention
The principle intentions of this award are:
(i) To promote
harmonious industrial relations for the Sydney Cricket and Sports Ground Trust;
(ii) To maximise
standards of service to the public and centres users, measured against those
applying in the leisure and recreation industry nationally and internationally;
and
(iii) To provide a
multi-skilled workforce.
4. Rates of Pay
(i) The minimum
rates of pay for full time employees covered by this award employed in the
classifications set out below are contained in Table 1 of Part B of this award.
(ii) The rates of
pay for juniors covered by this award and employed in the classifications set
out below are as follows:
Junior Rates
|
Percentage of
Appropriate Rate
|
|
%
|
At sixteen years and under
|
55
|
At seventeen years
|
65
|
At eighteen years
|
75
|
At nineteen years
|
85
|
At twenty years
|
100
|
(iii) Classifications
(Skill/Definitions) for full-time and part-time employees:
(a) Level I
Means an employee with no qualifications and 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.
An employee at this level will be able to:
·
Communicates with the public in a courteous and tactful
manner.
Indicative of some of the tasks
which an employee at this level may perform are:
·
Exercises basic keyboard skills.
·
General Attendant/Cashier which includes basic
clerical, office assistance, kiosk duties which involve customer turnover and
cash handling, taking of bookings and tickets and assists generally in the
day-to-day activities of the operation.
·
Maintains simple records.
·
Assists with administration of the Swim School Program.
·
Is directly employed as Car Park Attendant, Usher or
Door Attendant who is engaged in a non-security capacity.
·
Receives despatches, distributes, sorts, checks,
documents, orders and records of goods and/or materials.
·
Is employed as a General Hand.
·
Undertakes duties peripheral and ancillary to the above
as required.
Progression to Level II will be
dependent upon availability of position and successful applicant.
(b) Level
II
Means an employee who has
undertaken structured training recognised by the industry as relevant and
appropriate to perform work within the scope of this level.
An employee at this level:
·
Assists with the provision of on-the-job training to a
limited degree;
·
Conducts individual or group
activities/programs/sessions/tours under supervision, only after commencing a
recognised course or undergoing accredited training;
·
Exercises intermediate keyboard skills with
instructions;
·
Works in a team environment under routine supervision;
·
Where appropriate holds and maintains life savings and
first aid qualifications recognised as being appropriate for the safe and
effective conduct of duties involving public and employee health and safety;
·
Works from instructions or procedures;
·
Has an understanding of general office procedures;
·
Co-ordinates duties under the direction of a Level III
employee;
·
Provides general supervision and assistance of Level I
employee; and
·
Is capable of and may perform duties of Level I.
Indicative of some of the tasks
which an employee at this level may perform:
·
Takes classes and directs leisure activities.
·
Supervises public swimming.
·
Attends to health and safety of the public.
·
Sells programmes/tickets and gives change.
·
Co-ordinates of events and bookings.
·
Undertakes receptionist duties.
·
Undertakes office administrative duties.
·
Attends to equipment and displays eg. pool attendant.
·
Safeguards individuals e.g. child care attendants
Progression to Level III will be
dependent upon availability of position and successful application.
(c) Level
III
Means an employee who has
completed structured training recognised by the industry as relevant and
appropriate to perform work within the scope of this level.
An employee at this level:
·
Assists in the provision of on-the-job training where
applicable;
·
Exercises discretion within one’s own level of skill
and training;
·
Takes responsibility for the quality of one’s work
(subject to routine supervision);
·
Exercises good keyboard skills and knowledge of office
procedures/equipment/systems; and
·
Is capable of and may perform the duties of Levels II
and I.
Indicative of some of the tasks
which an employee at this level may perform:
·
Is employed as a Gym Exercise Specialist.
·
Co-ordinates Swim School, Customer Services, Tours and
Health and Fitness Activities.
·
Maintains machinery, plant and technical equipment.
·
Undertakes secretarial duties.
·
In the absence of line supervisors, acts in an
appropriate way to supervise the work areas to ensure delivery of services.
Progressional to Level IV will be
depended upon availability of position and successful application.
(d) Level
IV
Means an employee who is subject
to broad guidance or direction and would report to more senior staff as
required.
An employee at this level would
have worked or studied in relevant field and/or have specialist knowledge, qualifications
and experience sufficient to enable them to advise on a range of activities and
features and contribute, as required, to the determination of objectives,
within their delegated area of supervision.
An employee at this level:
·
Takes responsibility for ensuring the quality of their
own work and exercises initiative, discretion and judgement at times in the
performance of their duties;
·
Is directly responsible to the appropriate manager for
the section or area of operation;
·
Assists with the management of the section or area of
operation;
·
Has the delegated responsibility for the work under
their control or supervision in terms of, inter alia, allocation of duties,
co-ordinating work flows, checking progress, quality of work and resolving
problems, as well as counselling staff for performance and work related
problems where required;
·
Trains employees at Level I, II and III as required;
·
Is capable of and may perform the duties of Levels III,
II and I;
Indicative of some of the tasks
which an employee at this level may perform:
·
Supervises of Pool Attendants.
·
Supervises of Athletic Centre employees.
·
Supervises of Aquatic employees.
·
Supervises of administrative and accounting operations.
·
Supervises of information technology.
·
Supervises of daily activities and operation of health
and fitness activities.
·
Supervises of maintenance employees.
(v) Classifications
(Skill/Definitions) for casual employees:
(a) Casual
Level A
Means an employee with no
qualifications and 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.
An employee at this level will be
able to:
·
Communicate with the public in a courteous and tactful
manner.
Indicative of some of the tasks
which an employee at this level may perform are:
·
Is employed as a Car Park Attendant.
·
Is employed as a Tour Guide.
·
Undertakes clerical duties including exercising basic keyboard
skills, office assistance and maintenance of simple records.
·
Assists with the administration of the Swim School
programme.
·
Receives, despatches, distributes, sorts, checks,
documents, orders and records of goods and/or materials.
·
Is employed as General Hand.
Duties peripheral and ancillary
to the above as required.
(b) Casual Level B
Means an employee who has
undertaken structured training recognised by the industry as relevant and
appropriate to perform work within the scope of this level.
An employee at this level:
·
Assists with the provision of on-the-job training to a
limited degree;
·
Conducts individual or group
activities/programs/sessions under supervision, only after commencing a
recognised course or undergoing accredited training;
·
Exercises intermediate keyboard skills with
instructions;
·
Works in a team environment under routine supervision;
·
Where appropriate holds and maintains life savings and
first aid qualifications recognised as being appropriate for the safe and
effective conduct of duties involving public and employee health and safety;
·
Works from instructions or procedures;
·
Has an understanding of general office procedures;
·
Co-ordinates duties under the direction of a Level III
employee;
·
Provides general supervision and assistance of Level I
employee; and
·
Is capable of and may perform duties of a Level 1 -
casual employee.
Indicative of some of the tasks
which an employee at this level may perform:
·
Is employed as a cashier involved in kiosk duties
including customer turnover and cash handling, taking of bookings and tickets
and assists generally in the day-to-day activities of the operation.
·
Takes classes and directs leisure activities.
·
Supervises public swimming.
·
Attends to health and safety of the public.
·
Sells programmes/tickets and gives change.
·
Co-ordinates of events and bookings.
·
Undertakes receptionist duties.
·
Undertakes office administrative duties.
·
Attends to equipment and displays eg., pool attendant,
athletic track attendants.
·
Safeguards individuals e.g. child care attendants.
(c) Casual
Level C
Means an employee who has
completed structured training recognised by the industry as relevant and
appropriate to perform work within the scope of this level.
An employee at this level:
·
Assists in the provision of on-the-job training where
applicable;
·
Exercises discretion within one’s own level of skill
and training;
·
Takes responsibility for the quality of one’s work
(subject to routine supervision);
·
Exercises good keyboard skills and knowledge of office
procedures/equipment/systems; and
·
Is capable of and may perform the duties of Levels A
and B.
Indicative of some of the tasks
which an employee at this level may perform:
·
Is employed as Gym Exercise Specialist.
·
Is employed as Head Coach.
·
In the Absence of Line Supervisors, Acts in an
Appropriate Way to Supervise the Work Areas to Ensure Delivery of Services.
5. Income Protection
Plan
All full-time, part-time and casual employees who are
members of the AWU to whom this award applies shall be covered by the Sickness
and Accident Income Protection Plan approved and endorsed by the AWU (provided
by Kanosei Solution Pty Ltd ACN 068 028 336).
It is a term of this award that the employer will bear the costs of 1%
of gross weekly pay per week per member towards providing income protection
with a minimum payment of $2.00 up to a maximum of $3.55 per week for casuals.
6. Hours of Work
(i) The ordinary
hours of work, exclusive of meal times, shall not exceed an average of 38 hours
per week, between the hours of 4.30 am and 11.00 pm. The ordinary hours of work
maybe extended to 2.00 am to cover special events, provided that management
gives all employees involved seven clear day’s notice of the extension of
ordinary hours, or upon agreement between the employer and employee.
(ii) The employer
shall arrange the working of the thirty eighty hour week in one of the
following ways:
(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; or
(c) by working up
to ten hours on one or more days in the week.
(iii) Employees
other than maintenance employees, pool attendants, and those employees employed
in the gym shall be entitled to receive 4 sets of 2 consecutive days off in
each 28 day period.
(iv) Notwithstanding
the provision of subclause (i) & (iii) the employer and employee may agree
to change the rostered time of ordinary hours by one week’s notice or the
consent of the employee at any time.
7. Full-Time,
Part-Time, Fixed Term and Casual 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 38 hours per week.
(iii) A part-time
employee is an employee engaged to work a minimum of 10 hours work per week. A
part-time employee shall receive sick leave, annual leave and long service
leave on a pro rata basis.
(iv) A casual
employee is an employee engaged and paid as such. A casual employee shall be
paid the appropriate hourly rate as set out in Table 2 of Part B.
(v) 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.
(vi) A casual
employee shall received a minimum payment of 3 hours for each engagement, relation
to casual employees involved in the presentation or conducting of sports, games
and training e.g. instructors, (other than those engaged in relation to the
Sydney Athletic Centre) which shall be for a minimum of one hour.
(vii) Casual rosters
may be changed by management provided that shifts are not shortened to less
than the minimums referred to above.
(viii) A fixed term
employee is an employee who is employed on a full-time or part-time basis for a
fixed period. An employee who is engaged on this basis shall be notified in
writing of the dates on which their engagement will commence and cease. The
commencing and ceasing dates may be varied by agreement.
8. Higher Duties
An employee required to perform the entire function of a
position attracting a higher level under the award shall, on each occasion, be
paid the entire difference between their own salary and the salary of the
higher position on the fifth and subsequent days of acting up to the higher
position.
The parties to the award agree that employees required to be
in charge of the Pool Deck (that is employees who are rostered on to open and
close the Sydney Aquatic Centre) will be at all times be paid at Level 3 or
above.
9. Meal Breaks
(i) Employees
shall be entitled to an unpaid meal break of 30 minutes which should be taken
no more than five hours after commencing duty.
(ii) Employees
working more than six hours per day (excluding breaks) shall also be entitled
to two paid ten minutes rest breaks either side of the unpaid meal break.
(iii) The employer
and employee shall determine the time at which a rest break shall be taken.
(iv) Where an
employee is required to work in excess of ten ordinary hours, discussions will
occur between the employee and his/her supervisor as to whether an additional
unpaid meal break of 30 minutes is warranted and if so, the time at which that
meal break should be taken.
(v) Notwithstanding
the provisions of subclause (i) the employer and employee can determine the
appropriate time to take a meal break by mutual agreement.
(vi) Staff engaged
as casual pool attendants shall be given a paid break of 10 minutes within
three hours of commencing duty, with a further paid break of ten minutes should
work by required after six hours, in lieu of the provisions outlined in
subclause (ii) above.
10. Excess Hours
Worked
(i) All time
worked in excess of an average of thirty-eight hours in any one week outside
the spread of hours prescribed in subclause (i) of Clause 6 of this award or in
excess of ten hours in one day shall be paid as overtime or given as time off
in lieu.
(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 off, 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 many excess hours 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 ten (10) consecutive
hours off duty between those times, shall be released after the completion of
such overtime until ten (10) consecutive hours has been allowed without loss of
pay for ordinary working time occurring during such absence.
(vi) For the
purposes of this clause "excess hours" means "overtime".
11. 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 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 the abovementioned holiday may be
substituted for another day off by agreement between the employer and
employee(s) to be take within one (1) month of the said holiday or adjacent to
a period annual leave.
(ii) 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 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 months prior to the event of any change of date to the Picnic, which
shall otherwise be held on the first Monday in December.
(iii) Any full-time
or part-time employee who is required to work on a public holiday shall be
entitled to either 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. Casual employees who are required to
work on a public holiday shall be entitled to double time and one half for each
hour work 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 or days off duty coincides with a public holiday shall not be
entitled to receive an additional day in lieu.
12. Sick Leave
(i) A full-time
employee shall be entitled to ten days sick leave per year of service. Part-time employees shall be entitled to a
proportionate amount of sick leave.
(ii) If the full
period of sick leave is not taken in 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 worker’s 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 a year, the employee shall provide the employer with a doctor’s
certificate.
(vi) The employee,
wherever possible, shall, prior to the commencement of the absence on sick
leave, inform the employer of their inability to attend for duty and as far as
practicable, state the nature of the injury and illness and the estimated
duration of the absence.
13. Family Leave
(1) Use of Sick
Leave:
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who need to 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 12, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part of a single day.
(b) The employees
shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) The employee
being responsible for the care and support of the person concerned; and
(ii) The person
concerned being:
(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), 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
(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 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 level and the estimated length of
absence, if it i 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.
2. Unpaid Leave
for Family Purpose:
(a) 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
subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
3. Annual Leave:
(a) An employee
may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual
leave not exceeding five days in single day periods or part thereof, in any calendar
year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and 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.
4. Time Off in
Lieu of Payment of Overtime:
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
5. 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 ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the 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.
14. Bereavement Leave
(i) 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 13(1)(c)(ii) of clause 13, Family Leave).
(ii) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(iii) Bereavement
leave may be taken in conjunction with other leave available under subclauses
2, 3, 4 and 5 of clause 13, Family Leave. Where such other available leave is
to be taken in conjunction with bereavement leave, consideration will be given
to the circumstances of the employee and the reasonable operational requirements
of the employer.
15. Parental Leave
A full-time or part-time employee shall be entitled to
parental leave pursuant to the provisions of the NSW Industrial Relations Act 1996.
16. Terms of
Engagement
(i) Full-time and
part-time employees shall be engaged by the week and their engagement shall
only be terminated by the employer or employee giving the notice prescribed
below, or by payment or forfeiture, as the case may be of the appropriate wages
in lieu of notice.
Levels 1 & 2
|
1 week
|
Level 3
|
2 weeks
|
Level 4
|
4 weeks
|
(ii) 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 employee. Notwithstanding
the above provisions, a fixed term contract may be terminated by one week’s
notice on either side or by the payment or forfeiture, as the case may be, of a
week’s wages in lieu of notice thereof.
(iii) The
provisions outlined in subclauses (i) and (ii) shall not effect the right of an
employer to dismiss any employee without notice for misconduct or other neglect
of duty.
(iv) The employer
shall have the right to deduct payment for time lost by any employee who fails
to attend for duty without leave to absent himself/herself for actual time of
such non-attendance.
17. Training Wage
See the Theatrical Employees (Training Wage) (State) Award.
18. Payment of Wages
Wages will be paid fortnightly by Electronic Funds Transfer.
19. Annual Leave and
Annual Leave Loading
(i) Full-time and
part-time employees employed on or prior to 19 April, 1999 shall receive annual
leave of five weeks per annum plus 17.5% Annual Leave Loading, upon the
completion of twelve months service.
(ii) Part time
employees employed after 19 April, 1999 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.
(iii) Full-time
employees employed after 19 April, 1999 shall be entitled to annual leave of
five weeks per annum plus 17.5% annual leave loading, upon the completion of
twelve months service.
(iv) The loading
referred to in (i), (ii) and (iii) above shall be paid to all weekly employees
upon the anniversary of their entitlement, as a lump sum.
(v) Fixed term
employees who are engaged on a contract of less than twelve 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 twelve months in
total, as on aggregate of full-time, part-time or casual employment.
20. Consultative
Mechanism
A meeting will be held every two months between the four
employee representatives and the General Manager of the Sydney Aquatic Centre
and the Sydney Athletic Centre for the purpose of discussing matters affecting
the productivity and efficiency at the Sydney International Aquatic Centre and
the Sydney International Athletic Centre.
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
(i) Where
employees are required to wear a uniform they will be provided to the employee
free of charge. Employees required to work in the rain shall be provided with
oilskins, gumboots or other protective clothing, free of charge.
(ii) Upon
termination of employment all uniforms and property belonging to the employer
shall be returned by the employee to the employer properly laundered and/or in
working order.
23. Tools and
Equipment
All tools and equipment required by the employees to perform
their duties shall be provided by the employer, free of charge.
24. Change Rooms
The employer shall provide a change room for the use of the
employees, free of charge. Such change room shall be equipped with hot and cold
showers and shall be fitted with individual locker accommodation.
25. Redundancy
See the New South Wales Theatrical Employees Redundancy
(State) Award.
26. 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 any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by a union party to this award for the purpose of each
procedure.
(ii) Procedures
relating to disputes etc. between the employer and its 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 level
of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by a union party to this award for the purpose of each
procedure.
27. No Extra Claims
It is a term of this award that the Union undertakes not to
pursue any extra claims, award or overaward, of a general nature, for the
duration of the Award save as to redundancies in the event that the Sydney
Cricket and Sports Ground Trust loses the right to operate the Sydney Aquatic
Centre and Sydney Athletic Centre.
28. Leave Reserved
Leave is reserved:
(i) To the
parties to apply to insert vocational training benchmarks and relativities for
full-time, part-time and casual employees subsequent to a variation to the
Health, Fitness and Indoor Sports Centres (State) Award for similar matters.
(ii) To the
parties to apply to insert different redundancy entitlements into the award in
the event that the Sydney Cricket and Sports Ground Trust loses the right to
operate the Sydney Aquatic Centre and Sydney Athletic Centre.
28A.
Anti-Discrimination
(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 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by 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.”
29. Area, Incidence
and Duration
(i) This award
shall regulate the terms and conditions of employment of employees of the
Sydney Aquatics Centre and the Sydney Athletics Centre.
(ii) This award
will apply to employees who are:
(a) employed in or
in connection with, or in or about (whether indoors or outdoors), the Sydney
Aquatic Centre and Athletic Centre in the setting up, operation, maintenance
and administration of the two sites; and
(b) not classified
as staff members of the management team.
(iii) This award
shall not apply to employees employed in a security capacity in or in
connection with, or in or about (whether indoors or outdoors), the Sydney
Aquatic Centre and Sydney Athletic Centre.
(iv) This award
shall take effect from 22 April 2002, and shall remain in force for a period of
12 months.
(v) This award
rescinds and replaces the Sydney International Aquatic Centre and Sydney
International Athletics Centre (State) Award 1999 published 15 September 2000
(318 I.G. 877).
PART B
Table 1
|
|
Salary from the
First Pay
|
Salary from the
First
|
Classification
Level
|
Current Salary
|
Period on or After
1
|
Pay Period on or
|
|
|
January, 2002
|
After 1 July, 2002
|
|
$
|
$
|
$
|
Level I
|
26,545
|
27,209
|
27,889
|
Level II
|
29,863
|
30, 610
|
31,375
|
Level III
|
33,181
|
34,010
|
34,861
|
Level IV
|
39,817
|
40,812
|
41,833
|
Table 2
|
|
Salary from the
First
|
Salary from the
|
Casual Hourly
|
Current Rate
|
Pay Period on or
After
|
First Pay Period on
or
|
Rates
Classification
|
|
1 January, 2002
|
After 1 July 2002
|
|
$
|
$
|
$
|
Level A
|
15.50
|
15.90
|
16.30
|
Level B
|
16.60
|
17.00
|
17.45
|
Level C
|
17.55
|
18.00
|
18.45
|
* The minimum rates of pay for casual employees are
contained in Table 2 of Part B of this award.
|
An employee engaged as a Level A Casual prior to the making
of this award shall not receive a reduction
|
in the hourly rate of pay merely as a consequence of the
coming into operation of this classification
|
structure.
|
J. McLEAY, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.