Sydney Cricket and Sports Ground Trust (Event Day Employees) Award 2008

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Federation of Employers and Industries, Industrial Organisation of Employers and State Peak Council.

 

(No. IRC 1897 of 2009)

 

 

AWARD

 

PART A

 

CONDITIONS

 

1.  Arrangement

 

PART A

 

CONDITIONS

 

Clause No.       Subject Matter

 

1.        Arrangement

2.        Title

3.        Parties Bound by this Award

4.        Operation and Duration of this Award

5.        Intention

6.        Classifications, Rates of Pay and Employee Related Cost Savings

7.        Minimum Engagement

8.        Meal Breaks

9.        Meal Discount

10.      Uniforms

11.      Overtime

12.      Public Holidays

13.      Long Service Leave

14.      Transport, Security and Related Matters

15.      Employee Consultation

16.      Provision and Use of Staff Seating

17.      Implementation of the Non-Smoking Policy

18.      Anti-Discrimination

19.      Grievance and Dispute Procedures

20.      No Extra Claims

21.      Calculation of Flat Hourly Rate

22.      Award Observance

23.      Commitment to Further Negotiations

 

PART B

 

RATES OF PAY

 

Monday to Sunday Flat Rate

Non Event Attendance Rate

Uniform Allowance

 

2.  Title

 

This award will be known as the Sydney Cricket and Sports Ground Trust (Event Day Employees) Award 2008 ("this award").

 

3.  Parties Bound By This Award

 

(a)      This award is binding upon:

 

1.        Sydney Cricket and Sports Ground Trust ("the employer"); and

 

2.        The Media Entertainment and Arts Alliance ("MEAA"), its officers and members ("the Union") in respect of all employees (whether members of the MEAA or not) engaged by the session or by the hour for work done in connection with the staging of an event being conducted by the employer to perform work in a different position under a separate contract or weekly hiring).

 

(b)      This award shall not apply to an honorary official i.e. any person who is either a member of the employer or who has previously acted in an honorary capacity in performing functions for which wage rates are prescribed by this award.

 

4.  Operation and Duration of this Award

 

(a)      This award shall replace the state industrial instrument in the nature of an enterprise agreement in the same terms as the Sydney Cricket and Sports Ground Trust (Match Day Employees) Agreement 2005 (an agreement of the Australian Industrial Relations Commission AG843601) created as a consequence of the enactment of the Public Sector Employment Legislation Amendment Act 2006.

 

(b)      For the avoidance of doubt and to the extent it may be applicable, this award shall also replace the state industrial instrument in the nature of an award in the same terms as the Theatrical Employees (Recreation Grounds and Raceday Racing Officials - NSW and ACT) Award 2000 (an award of the Australian Industrial Relations Commission AW799620) created as a consequence of the enactment of the Public Sector Employment Legislation Amendment Act 2006.

 

(c)      This award shall operate on and from the first full pay period on or after 1 October 2008 and shall remain in force for its nominal term of three years.

 

5.  Intention

 

(a)      The principal intentions of this award are:

 

1.        To promote harmonious industrial relations for the Sydney Cricket and Sports Ground Trust and its staff and the Media, Entertainment and Arts Alliance.

 

2.        To maximise standards of service to the public and members, measured against those applying in the leisure and sporting recreation industry nationally and internationally.

 

6.  Classifications, Rates of Pay and Employee Related Cost Savings

 

(a)      Employees employed under this award to work at day time, twilight and evening fixtures shall receive the appropriate hourly rate for the applicable classification as contained in Part B of this award from the first full pay period on or after 1 October 2008.

 

(b)      The hourly rates set out in Part B of this award incorporate an increase for all event day work undertaken of 2.5% from the first full pay period on or after 1 October 2008, a further 2.75% increase from the first full pay period on or after1 October 2009, and a further 3% increase from the first full pay period on or after 1 October 2010.

 

(c)      Employees employed under this award shall be paid the non-event attendance rate as contained in Part B of this award from the first full pay period on or after 1 October 2009 and the first full pay period on or after 1 October 2010.

 

(d)      The rates of pay set out in Part B - Rates of Pay of this Award contain hourly rates of pay loaded to compensate employees covered by this award for all entitlements not otherwise provided under this award.

 

7.  Minimum Engagement

 

The minimum engagement for all employees under this award shall be four (4) hours to be worked consecutively, with the exception of non-match day staff meetings and training sessions which shall be two (2) hours.

 

8.  Meal Breaks

 

(a)      All employees rostered for more than four hours will receive a minimum of one paid 20 minute break.  These breaks will be coordinated by team leaders and/or supervisors.

 

(b)      All employees shall be entitled to another paid 20 minute break if engaged for more than 8 hours.

 

9.  Meal Discount

 

Upon presentation of the staff identification card, employees rostered to work on match days will receive a 20 per cent discount off the normal purchase price for food and beverage purchased from any on-site food and beverage outlets, (excluding Azure Cafe and any sub-contracted food outlet that the Food and Beverage Contractor has engaged).

 

10.  Uniforms

 

(a)      The employer will provide a uniform to staff where applicable.

 

1.        Uniforms will consist of any SCGT apparel issued not staff during the course of their employment including but not limited to; trousers, skirts, shirts, jackets, vests, jumpers, ties, scarves, hats, armbands, wet weather jackets and name badges.

 

(b)      Where uniforms are issued to staff other than on a daily basis:

 

1.        All new employees who commenced after 1 October 2009 will be required to pay a $50.00 uniform bond on commencement of employment which shall be refunded when the uniform is returned in good condition, fair wear and tear accepted.

 

2.        The bond will be paid via payroll deduction and can be made as one deduction of $50.00 or instalments of $10.00 per deduction per pay over five pay periods.

 

3.        The employee shall be responsible for the laundering of the uniforms.  A laundry allowance of $1.00 per shift shall be paid into the Employee's nominated bank account.

 

4.        Uniforms shall remain the property of the Employer and shall be returned to the Employer on the termination of an Employee's employment.

 

5.        All uniforms issued to an employee are to be returned within two (2) months of the Employee's termination.  Terminated Employees who do not return their full uniform issue within two (2) months of termination will forfeit their deposit.

 

11.  Overtime

 

(a)      Overtime shall be payable to an employee for all time worked.

 

1.        In excess of ten (10) hours per engagement on a particular event; or

 

2.        On a day generally observed as a public holiday.

 

(b)      Overtime shall be paid for at the rate of time and a half.

 

(c)      Overtime rates shall not apply for any attendance at non-event related meetings or training.

 

12.  Public Holidays

 

(a)      Public Holidays shall be paid for at the rate of time and a half.

 

(b)      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 of New South Wales shall be holidays.

 

(c)      No employee will be required to attend non event related meetings or training on a public holiday.

 

13.  Long Service Leave

 

(a)      Subject to clause 13(b) below, Long Service Leave entitlement will be governed by the Long Service Leave Act, 1955 (NSW).

 

(b)      The parties to this award acknowledge that prior to the date of this award, employees employed by the Trust as match day employees (or event day employees) received an hourly rate of pay which was loaded to compensate for entitlements arising from legislation applicable in the State of NSW in relation to long service leave.

 

14.  Transport, Security and Related Matter

 

(a)      The employer shall upon request of an individual employee provide a security escort from the ground to the closest public transport late at night, where the employer is able to provide it within a reasonable period of time.

 

(b)      On any particular event, an employee engaged as a Team Leader, Supervisor, Assistant Supervisor, or who is rostered to work one hour past the scheduled event finish time will be eligible to park in MP1.

 

15.  Employee Consultation

 

(a)      The Event Day Staff Operations Committee (EDSOC) will meet during the life of this award to identify and discuss workplace matters, which affect employees generally, but which are not explicitly covered by this award, such as staff facilities, uniforms, training and other like workplace matters.

 

(b)      The EDSOC will be made up on management and employee nominated representatives.  Wherever possible, all areas of match day operations should be represented.  Employee representatives will participate in the EDSOC without loss of pay.

 

(c)      The EDSOC will meet as required, at a time suitable to both the employer and employees and at the request of either party, but not less than quarterly.

 

(d)      The operation of the EDSOC in accordance with this clause does not override the dispute settling procedure as contained in clause 19 of this award.

 

16.  Provision and Use of Staff Seating

 

Where practicable, seating shall be provided to employees where prolonged periods of standing would otherwise be required.  The use of such seating shall be subject to customer service requirements and guidelines as reasonably determined by the Trust, having regard to it Occupational Health and Safety Obligations.

 

17.  Implementation of the Non-Smoking Policy

 

All employees shall have access to and shall abide by and follow the procedures of the non-smoking policy developed by the employer in relation to patrons smoking in and around the Trust Venues.

 

18.  Anti-Discrimination

 

(a)      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.

 

(b)      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.

 

(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:

 

1.        ny conduct or act which is specifically exempted from anti-discrimination legislation;

 

2.        offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

4.        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 legislation referred to in this clause.

 

19.  Grievance and Dispute Procedures

 

19.1    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 allowed.

 

(a)      The matter is discussed between the staff member(s) and the supervisor involved.  If the matter is not resolved, the:

 

(b)      The employee may be required to provide in writing the substance of the grievance and state the remedy sought.

 

(c)      The matter is then discussed between the staff member(s), the supervisor and the manager.  If the matter remains unresolved, then:

 

(d)      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:

 

(e)      The matter is discussed between senior representatives of the organisation and the relevant union and/or staff member(s) representative.

 

(f)       Each of the 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.

 

(g)      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.

 

(h)      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.

 

(i)       It is agreed that the parties will not deliberately frustrate or delay these procedures.

 

(j)       Normal work will continue without disruption while these procedures are followed.

 

20.  No Extra Claims

 

Subject to clause 21, Calculation of Flat Hourly Rate, this award comprehensively settles all employment conditions in respect of the employees covered by this award.  The MEAA undertakes not to pursue any extra claims whatsoever for the duration of this award.

 

21.  Calculation of Flat Hourly Rate

 

The rates in this award have been calculated on the assumption that 60% of events fall in the period Monday to Saturday and 40% of events fall on a Sunday or a public holiday.

 

Should this ratio change significantly, either party on 1 January each year can request a review of the rates to reflect the change.

 

22.  Award Observance

 

For the purpose of ensuring the observance of this award, the employer will:

 

(a)      subject to prior consultation with the employer, provide that representatives of the MEAA will have reasonable access to all places of work for the purposes of interviewing and holding meetings with their members in non-work time; and

 

(b)      ensure that a copy of this award and matters relating to this award be posted on a notice board in a centrally located position.

 

23.  Commitment to Further Negotiations

 

The parties to this award agree to commence discussions for a new award nine months prior to the expiration of the nominal term of this award.

 

PART B

 

Rates of pay

 

	1 October 2008		1 October 2009		1 October 2010
	Ordinary	Overtime	Ordinary	Ordinary	Ordinary	Overtime
	flat rate	& Public	flat rate	& Public	flat rate	& Public
		Holiday		Holiday		Holiday
	$	$	$	$	$	$
Position
Customer Service Positions
Usher/Attendant	23.92	35.89	24.58	36.87	25.32	37.98
Pressure Point	25.17	37.76	25.87	38.80	26.64	39.96
Car Park Cashier/Directional
Dress Regulations
Gatehouse Attendant
Victor Trumper Gates
Tunnel Top
Suite Entries
Southern Crossover
Spruiker
Team Leader	27.18	40.77	27.93	41.90	28.77	43.15
Supervisor	30.45	45.68	31.29	46.94	32.23	48.34
Staff Entry
Crowd Safety Positions
Crowd Safety Officers	28.81	43.22	29.61	44.41	30.49	45.74
Paddington Lane Gatehouse
Crowd Safety Supervisor	32.28	48.42	33.16	49.75	34.16	51.24
Event Control
Process Room
Report Writer
Control 1 & 2 /Base	34.67	52.00	35.62	53.43	36.69	55.03
Non-Event Attendance Rate	20.00	20.00	20.55	20.55	21.17	21.17
Allowances
Uniform Allowance (per shift)	1.00	1.00	1.00	1.00	1.00	1.00

 

 

 

P. J. SAMS D.P.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.