CASINO CONTROL AUTHORITY - CASINO INSPECTORS (TRANSFERRED FROM DEPARTMENT OF GAMING AND RACING) AWARD 2004

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 5637 of 2003)

 

 

REVIEWED AWARD

 

PART A

 

Arrangement

 

Clause No.          Subject Matter

 

1.          Definitions

2.          Salaries

3.          Increments

4.          Leave

5.         Annual Leave Loading

6.         Family and Community Service Leave/Personal Carer's Leave

7.          Hours

8.          Overtime

9.          Shiftwork Arrangements

10.        Car Parking

11.        Higher Duties

12.        Grievance and Dispute Settling Procedures

13.        Anti-Discrimination

14.        Deduction of Union Membership fees

15.        Salary Sacrifice to Superannuation

16.        Salary Packaging Arrangements

17.        Area, Incidence and Duration

 

PART B

 

MONETARY RATES

Table 1- Rates of Pay

 

1.  Definitions

 

"Act" means the Casino Control Act 1992.

 

"Association" means the Public Service Association of New South Wales and the Professional Officers’ Association Amalgamated Union of New South Wales.

 

"Authority" means the New South Wales Casino Control Authority constituted under the Act.

 

"Casino" means premises or part of premises, defined as a casino under section 19 of the Act.

 

"Chief Executive" means the Chief Executive of Casino Control Authority.

 

"Employee" means and includes persons employed on a full-time or part-time shift work basis in the position of Inspector or Supervising Inspector within the Casino.

 

"PEO" means the Public Employment Office.

 

"Personnel Handbook" means the personnel handbook of the NSW Public Service as published at the date of this award and updated from time to time.

 

"Preliminary Training Rate" means the salary rate paid to Inspectors and/or Supervising Inspectors during their initial training period. Payment of this rate will cease immediately Inspectors and/or Supervising Inspectors commence shiftwork.

 

"Roster Cycle" means working 15 shifts at the casino and attending one training day of five hours over a five week cycle.

 

"Shift" means a period working 11 hours 20 minutes plus a 40 minute unpaid meal break but including two 15 minute paid crib breaks.

 

"Training Day" means one day of five hours for the purposes of providing additional training during a roster cycle.

 

"Working Day" under Clause 12 means any day except Saturday, Sunday or a public holiday in New South Wales.

 

"Family" under Clause 6 is the person who needs the employee's care and support and is referred to as the "person concerned" and is:

 

(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 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 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.

 

"Relative" under Clause 6 is a member of the same household of the employee, where for the purposes of this definition:

 

(a)        "relative" means a person related by blood, marriage, affinity or aboriginal kinship structures;

 

(b)        "affinity" means a relationship that one spouse or partner has to relatives of the other; and

 

(c)        "household" means a family group living in the same domestic dwelling

 

2.  Salaries

 

Salaries for employees covered by this Award are set out at Part B Monetary Rates Table 1 - Rates of Pay of the Award.  These salaries shall move in accordance with the Crown Employees (Public Sector - Salaries January 2002) Award or any variation or replacement award.

 

The salary rates expressed in this award include a 30% allowance in full compensation for shift penalties which includes work on nights, weekends, and public holidays.

 

3.  Increments

 

(a)        The payment of increments under the scale of salaries prescribed by Part B, Table 1 Rates of Pay shall be subject to satisfactory performance and the approval of the Chief Executive.

 

(b)        Subject to satisfactory performance, including training and development requirements for employees, permanent employees will progress along the relevant incremental rate of pay scale at the completion of each year of continuous employment.

 

4.  Leave

 

Annual Leave:

 

Employees shall be entitled to 140 hours annual leave per annum plus the dollar equivalent of 35 hours recreation leave in lieu of work performed on Sundays and public holidays.  This payment shall commence from 1/12/98 with the payment to be made, at the end of each leave year.  All other provisions for annual leave are as contained in the Personnel Handbook and/or Public Sector Employment and Management Act 2002 and General Regulation.

 

Other Leave:

 

The provision for all other forms of leave as prescribed by the Personnel Handbook and/or Public Sector Employment and Management Act 2002 shall apply except that the time shall accrue and be taken as hours not days.

 

5.  Annual Leave Loading

 

Employees are entitled to payment of an annual leave loading of 17.5% of the monetary value of 140 hours recreation leave accrued in a leave year.  This annual leave loading is based on the salaries as prescribed in Clause 2, Salaries.

 

6.  Family and Community Service Leave/Personal Carer's Leave

 

The Chief Executive may grant family and community service leave to an employee:

 

(a)        for reasons related to the family responsibilities of the employee; or

 

(b)        for reasons related to the performance of community service by the employee; or

 

(c)        in a case of pressing necessity.

 

Family and community service leave replaces short leave.

 

The maximum amount of family and community service leave on full pay that may be granted to an employee is:

 

(a)        24.50 hours during the first 12 months of service and 49 hours in any period of 2 years after the first year of service; or

 

(b)        7 hours for each year of service after 2 years' of continuous service, minus any period of family and community service leave already taken by the employee,

 

whichever is the greater period.

 

Family and community service leave is available to part-time employees on a pro rata basis, based on the number of hours worked.

 

Where family and community service leave has been exhausted, additional paid family and community service leave of up to 14 hours may granted on a discrete "per occasion" basis on the death of a person defined in Clause 1 "Definition".

 

When family and community service leave is exhausted, sick leave provisions may be used by an employee to care for a sick family member.

 

Use of sick leave to care for a sick family member - entitlement

 

(a)        The entitlement to use sick leave in accordance with this clause is subject to

 

(i)         the employee being responsible for the care and support of the person concerned, and

 

(ii)        the person concerned being as defined in Clause 1 "Definition".

 

(b)        An employee with responsibilities in relation to a person who needs their care and support shall be entitled to use sick leave available from that year's annual sick leave entitlement, minus any sick leave taken from that year's entitlement, to provide care and support for such persons when they are ill.

 

(c)        Sick leave accumulates from year to year.  In addition to the current year's grant of sick leave, sick leave accrued from the previous 3 years may also be accessed by an employee with responsibilities in relation to a person who needs their care and support.

 

(d)        In special circumstances, the Chief Executive may make a grant of additional sick leave.  This grant can only be taken from sick leave accrued prior to the period referred to in paragraph c) of this subclause.

 

(e)        If required, a medical certificate or statutory declaration must be made by the employee to establish the illness of the person concerned and that the illness is such to require care by another person.

 

(f)         The employee is not required to state the exact nature of the relevant illness on either a medical certificate or statutory declaration and has the right to choose which of the two methods to use in the establishment of grounds for leave.

 

(g)        Wherever practicable, the employee shall give the Chief Executive prior notice of the intention to take leave, the name of the person requiring care and that person's relationship to the employee.  They must also give reasons for taking such leave and the estimated length of absence. If the employee is unable to notify the Chief Executive beforehand, notification should be given by telephone at the first opportunity on the day of absence.

 

(h)        In normal circumstances, the employee must not take leave under this subclause where another person has taken leave to care for the same person.

 

7.  Hours

 

(a)        The normal hours of work for full-time employees shall be 175 hours per five week cycle.

 

(b)        The standard shift starting and finishing times shall be 7 am and 7 pm respectively. Nevertheless the starting and finishing time may be staggered by up to one hour as determined by the Chief Executive or delegate in consultation with the employee.

 

(c)        Normal hours of work shall be structured to avoid broken periods of duty (i.e. there shall be no split shifts).

 

(d)        Part-time employees shall work the same shift duration as full-time employees but the number and frequency of shifts shall be negotiated having regard to the exigencies of the Casino Control Authority and then fixed on the same basis as full-time employees.

 

8.  Overtime

 

An employee may be directed by the Chief Executive to work overtime, provided it is reasonable for the employee to be required to do so.  An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working unreasonable hours.  In determining what is unreasonable the following factors shall be taken into account:

 

(a)        the employees prior commitment outside the workplace, particularly the employees family and carers responsibilities, community obligations or study arrangements;

 

(b)        any risk to employee health and safety;

 

(c)        the urgency of the work required to be performed during overtime, the impact on the operational commitments of the Authority and the effect on client services;

 

(d)        the notice (if any) given by the Chief Executive regarding the working of the overtime, and by the employee of their intention to refuse the working of overtime; or

 

(e)        any other relevant matter.

 

9.  Shift Work Arrangements

 

(a)        When rostered for shift work the employees shall be at the Casino for 12 hours which comprises of 11 hours 20 minutes on duty and an unpaid 40 minute meal break.  There will also be included two 15 minute paid crib breaks.

 

(b)        Employees are not on duty during a meal break and are not required to answer calls. Employees shall not be required to work in excess of five hours without a crib break or a meal break.  The meal break should be taken as near as possible to the middle of the shift.

 

(c)        The rostered time of a meal break may be varied by up to 15 minutes to suit operational needs.

 

(d)        Shift rosters once fixed can only be varied, with the approval of the Chief Executive or delegate. Employees shall ordinarily be given a minimum of eight calendar days notice of roster change and may voluntarily agree to a change in roster in a shorter time frame.

 

(e)        Where less than 48 hours notice is given of changed shift arrangements, employees will be paid overtime rates for that shift.

 

(f)         There shall be a minimum of 10 hours break between shifts.

 

10.  Car Parking

 

Free parking shall be provided for employees at the Casino. It is not available for employees on training days at locations other than the Casino.

 

11.  Higher Duties

 

(a)        Higher duties allowance may be paid on a shift by shift basis dependent on operational requirements.

 

(b)        Where an employee performs the whole of the duties and assumes all of the responsibilities of that more senior position he or she will, subject to satisfactory performance, be paid the difference between the employee’s present rate of pay and the rate of pay that the employee would be paid if appointed to that position.

 

(c)        Where an employee does not possess the skills necessary to perform the whole of the duties and responsibilities of the more senior position at the time of relieving the employee will be paid subject to satisfactory performance an allowance based upon the proportion of duties actually performed.

 

12.  Grievance and Dispute Settling Procedures:

 

(a)        All grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the Authority, if required.

 

(b)        An employee is required to notify in writing their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

(c)        Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Act 1977) that makes it impractical for the employee to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Chief Executive or delegate.

 

(d)        The immediate manager, or other appropriate employee, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

(e)        If the matter remains unresolved with the immediate manager, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter.  This manager shall respond within two (2) working days, or as soon as practicable.  The employee may pursue the sequence of reference to successive levels of management until the matter is referred to the Chief Executive.

 

(f)         The Chief Executive may refer the matter to the PEO for consideration.

 

(g)        If the matter remains unresolved, the Chief Executive shall provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

(h)        An employee, at any stage, may request to be represented by the Association.

 

(i)         The employee or the Association on their behalf or the Chief Executive may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

(j)         The Employee, Association, Authority and PEO shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

(k)        Whilst the procedures outlined in subclauses (a) to (j) of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving occupational health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any employee or member of the public

 

13.  Anti-Discrimination

 

(a)        It is the intention of the parties bound by this award to seek to achieve the objective 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 and age and responsibilities as a carer;

 

(b)        It follows that in fulfilling their obligations under the dispute resolution procedures 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.

 

(c)        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.

 

(d)        Nothing in this clause is to be taken to affect:

 

(i)         any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)        offering or providing junior rates of pay to persons under 21 years of age;

 

(iii)       any act or practice of a body established to propagate religion which is exempted under section 56 (d) of the Anti-Discrimination Act 1977;

 

(iv)       a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

e)         This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

(i)         Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(ii)        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.”

 

14.  Deduction of Union Membership Fees:

 

(a)        The union shall provide the employer with a schedule setting out union fortnightly membership fees payable by members of the union in accordance with the union's rules.

 

(b)        The union shall advise the employer of any change to the amount of fortnightly membership fees made under its rules.  Any variation to the schedule of union fortnightly membership fees payable shall be provided to the employer at least one month in advance of the variation taking effect.

 

(c)        Subject to (i) and (ii) above, the employer shall deduct union fortnightly membership fees from the pay of any employee who is a member of the union in accordance with the union's rules, provided that the employee has authorised the employer to make such deductions.

 

(d)        Monies so deducted from employee's pay shall be forwarded regularly to the union together with all necessary information to enable the union to reconcile and credit subscriptions to employees' union membership accounts.

 

(e)        Unless other arrangements are agreed to by the employer and the union, all union membership fees shall be deducted on a fortnightly basis.

 

(f)         Where an employee has already authorised the deduction of union membership fees from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

15.  Salary Sacrifice to Superannuation

 

a)         The Chief Executive of the Authority may enter into agreements with employees for salary sacrifice for superannuation and/or other agreed benefits within NSW Government policy.

 

b)         Notwithstanding the salaries prescribed by clause 2 - Salaries, an employee may elect, subject to the agreement of the Authority to sacrifice a portion of the salary payable under clause 2 - Salaries to additional superannuation contributions in excess of contributions made by the Authority under relevant legislation.  Such election must be made prior to the commencement of the period of service to which the earnings relate.  The amount sacrificed together with any salary packaging arrangements under clause 15 of this award must not exceed fifty (50) percent of the salary payable under clause 2 -salaries or fifty (50) percent of the currently applicable superannuable salary, whichever is the lesser.  In this clause "superannuable salary" means the employee's salary as notified from time to time to the New South Wales public sector superannuation trustee corporations.

 

c)         Where the employee has elected to sacrifice a portion of that payable salary to additional employer superannuation contributions:

 

(i)         Subject to Australian Taxation Law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG (i.e., Pay As You Go) taxation deductions by the amount of that sacrificed portion; and

 

(ii)        any allowance, penalty rate, payment for unused leave entitlements, weekly worker's compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act or Statute that is expressed to be determined by reference to an employee's salary, shall be calculated by reference to the salary which would have applied to the employee under clause 2 - salaries in the absence of any salary sacrifice to superannuation made under this award.

 

(d)        The employee may elect to have the portion of payable salary which is sacrificed to additional superannuation contributions:

 

(i)         paid into the superannuation scheme established under the First State Superannuation Act 1992 as optional employer contributions; or

 

(ii)        subject to the Authority’s agreement, paid into a private sector complying superannuation scheme as employer superannuation contributions.

 

(e)        Where an employee elects to salary sacrifice in terms of sub-clause (c) the Authority will pay the sacrificed amount into the relevant superannuation fund.

 

(f)         Where the employee is a member of a superannuation scheme established under:

 

(i)         the Police Regulation (Superannuation) Act 1906;

 

(ii)        the Superannuation Act 1916;

 

(iii)       the State Authorities Superannuation Act 1987;

 

(iv)       the State Authorities Non-contributory Superannuation Act 1987; or

 

(v)        the First State Superannuation Act 1992,

 

the Authority must ensure that the amount of any additional employer superannuation contributions specified in subclause (a) of this clause is included in the employee’s superannuable salary that is notified to the New South Wales public sector superannuation trustee corporations.

 

g)         Where, prior to electing to sacrifice a portion of his/her salary to  superannuation, an employee had entered into an agreement with the  Authority to have superannuation contributions made to a superannuation fund other than a fund established under legislation listed in subclause (f), the Authority will continue to base contributions to that fund on the salary payable under clause 2 - salaries to the same extent as applied before the employee sacrificed portion of that salary to superannuation.  This clause applies even though the superannuation contributions made by the Authority may be in excess of superannuation guarantee requirements after the salary sacrifice is implemented.

 

16.  Salary Packaging Arrangements

 

(a)        By mutual agreement with the Authority, an employee may, from time to time, elect to receive:

 

(i)         a benefit or benefits selected from those approved from time to time by the PEO; and

 

(ii)        a salary equal to the difference between the salary prescribed for the employee by clause 2 - Salaries of this Award, and the amount specified by the PEO from time to time for the benefit provided to or in respect of the employee in accordance with such agreement.

 

b)         The agreement shall be recorded in writing and shall be known as a Salary Packaging Agreement.

 

c)         A Salary Packaging Agreement shall be for a period of up to twenty four months, unless a different period is mutually agreed between the employee and the Authority at the time of signing the Salary Packaging Agreement.

 

d)         The PEO may vary the range and type of benefits available from time to time following discussion with the Association.  Such variations shall be applied by the Authority to any existing or future Salary Packaging Agreement from date of such variation.

 

e)         The PEO will determine from time to time the value of the benefits provided following discussion with the Association.  Such variations shall apply to employees of the Authority in relation to any existing or future Salary Packaging Agreement from the date of such variation.  In this circumstance, the employee may elect to terminate the Salary Packaging Agreement immediately.

 

17.  Area, Incidence and Duration:

 

This award covers casino inspectors transferred to the Casino Control Authority as a result of the Casino Control Act 1992 from the Department of Gaming and Racing on 1 July 2001.  Casino Inspectors recruited after 30 June 2001 are not under this award but are employed under the Casino Control Act 1992.

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Casino Inspectors, Department of Gaming and Racing) Award published on 11 August 2000 (317 1G 964) and all the variations thereof.

 

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 1G 359) and take effect on and from 26 March 2004.

 

This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

(a)        Preliminary Training Rates - Inspectors

 

Classification	$ as and from 01/07/2003
Inspector - 1st Year of Service	47,023
Inspector - 2nd Year of Service	48,468
Inspector - 3rd Year of Service	52,252
Thereafter	53,901

 

(b)        Salary Rates - Inspectors

 

Classification - Inspector	$ as and from 01/07/2003
1st Year of Service	61,130
2nd Year of Service	63,008
3rd Year of Service	67,928
Thereafter	70,071

 

(c)        Preliminary Training Rates - Supervising Inspectors

 

Classification	$ as and from 01/07/2003
Supervising Inspector - 1st Year of Service	59,382
Supervising Inspector - 2nd Year of Service	61,158
Supervising Inspector - 3rd Year of Service	63,707
Thereafter	65,731

 

(d)        Salary Rates - Supervising Inspector

 

Classification - Supervising Inspector	$ as and from 01/07/2003
1st Year of Service	77,197
2nd Year of Service	79,505
3rd Year of Service	82,819
Thereafter	85,450

 

Award History

 

The Crown Employees (Casino Inspectors, Department of Gaming and Racing) Award was made on 20 September 1995 by His Honour Judge Bauer.  The award was made to cover a new class of employees, viz. Casino Inspectors and Supervising Casino Inspectors.

 

The award took effect from 8 September 1995 to remain in force until 31 December 1996.

 

The award was varied by Her Honour, Justice Schmidt on 16 February 1996 in matter No. IRC 277 of 1996 to include preliminary training rates and new a Transitional Arrangement, to take effect from 6 February 1996.

 

Changes made to the award following a 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 18 December 1998 (308 10 307) took effect on and from 6 October 1999.

 

The Casino Control Amendment Act 2001 with effect from 1 July 2001 abolished the statutory office of the "Director of Casino Surveillance" and transferred the Division of Casino Surveillance (including the Casino Inspectors) from the Department of Gaming and Racing to the Casino Control Authority.  Accordingly the name of the Award is now changed from Crown Employees (Casino Inspectors, Department of Gaming and Racing) Award to Casino Control Authority - Casino Inspectors (Transferred from Department of Gaming and Racing) Award 2004.

 

 

 

D. W. RITCHIE, Commissioner.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.