IMGA EVENT CASUALS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice of Award Review pursuant to
section 19 of the Industrial Relations
Act 1996.
(No. IRC 1080 of 2001)
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Before Mr Deputy President Sams
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14 May 2001
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REVIEWED AWARD
1. Parties
IMGA Pty Ltd, ACN 001 788 343 (the Company), and The
Australian Workers' Union, New South Wales (the Union).
2. Application
(a) This Paid
Rates Award is binding on IMGA Pty Ltd, employees of the said Company, and The
Australian Workers' Union, New South Wales representing their members,
employees of the Company, in respect to employment conditions and rates of pay
for the Company’s employees engaged in the sale of merchandise at the Olympic
Park Complex at Homebush Bay in New South Wales.
(b) The parties
support the "Principles of Co-operation" developed by the Sydney
Organising Committee for the Olympic Games (SOCOG) with the Labor Council of
New South Wales, signed on 21 November 1997.
(c) The terms and
conditions of employment for employees covered by this Award will stand fully
in place of those contained in any Award which could have application to the
Company’s activities for the period of the operation of this Award, pursuant to
the Act.
(d) The changes
made to this Award, pursuant to section 19 of the Industrial Relations Act 1996, and the Commission's Principles for
Review of Awards, shall take effective on and from 14 May 2001.
3. Arrangement
Subject
Matter Clause No.
Application 2
Anti-Discrimination 24
Arrangement 3
Care of
Property 21
Disciplinary
Procedure 17
Disputes
Procedure 18
First
Aid Allowance 15
Hours Of
Work 10
Income
Protection Plan 23
Meal
Breaks 12
Parties 1
Payment
of Wages 14
Period
of Operation 4
Public
Holidays 13
Rates of
Pay 6
Rostering 11
Scope 5
Termination
of Employment 9
Terms of
Engagement 8
Tools
and Equipment 22
Training 7
Uniforms 16
Union
Business 19
Union
Picnic Day 20
4. Period Of
Operation
This Award will operate from 6 March 1999 and will continue
in force until 31 October 2001, subject to the provisions of the New South
Wales Industrial Relations Act
1996. This reviewed award replaces the
IMGA Event Casuals (State) Award published 7 April 2000 (314 I.G. 903) and
shall take effect from 14 May 2001.
5. Scope
This award shall cover all Event Casuals employed by the
company to sell merchandise.
6. Rates Of Pay
(a) Rates of pay
for casual employees include a loading to compensate for work on a Saturday,
Sunday or Public Holidays, as well as 29c per hour for laundry allowance.
(b) Rates of pay
for casual employees have an additional loading added in lieu of payment for
annual leave, sick leave and long service leave.
(c) Rates of pay
will be varied in accordance with any further State Wage Case decisions in
relation to paid rates award, which become effective during the currency of
this award.
(d) Rates of pay
include all State Wage Case Decision components up to and including 6 June 1998
Safety Net Adjustment.
(e) Wage Rate
Schedules-The following rates of pay are applicable to all employees from the
date of ratification of the Award by the Industrial Relations Commission of New
South Wales:
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SKILL LEVEL
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CASUAL RATE
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(As defined)
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Per Hour ($)
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Unqualified
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11.10
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Qualified, Partially
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13.85
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Fully Qualified
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18.45
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Supervisors
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20.30
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The following rates will be applicable to employees from the
first full pay period on or after 1 February 2000.
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SKILL LEVEL
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CASUAL RATE
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(As defined)
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Per Hour ($)
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Unqualified
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11.35
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Qualified, Partially
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14.20
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Fully Qualified
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18.90
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Supervisors
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20.80
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(f) Skill Level
Definitions-An unqualified employee shall be an employee without previous
experience relevant to the company’s needs in merchandising and who has less
than 200 hours employment by the company.
A partially qualified employee shall be an employee who has
had no previous experience in merchandising relevant to the company’s needs and
who has had more than 200 hours employment by the company but less than 400
hours employment by the company.
A qualified employee shall be either an individual who has
worked more than 400 hours for the company or alternatively had experience
relevant to the company’s needs as a merchandiser and demonstrated abilities to
operate with only general supervision.
N.B. No employees
continued employment shall be jeopardised simply as a consequence of their
having gained experience and skills attracting a higher hourly rate under this
award.
(g) In addition to
the above rates the Company will make monthly contributions to the APS
Superannuation Fund for each employee covered by this Award, of an amount equal
to 7% (or such other percentage or amount as required by applicable statute) of
the employee's rate of pay as set out in Clause 6(e).
In administering these activities, all requirements of the
Superannuation Guarantee Acts will be met.
7. Training
(a) The Company
acknowledges its commitment to provide for its employees’ career paths and
access to more varied, fulfilling and better paid jobs through training.
(b) No employee
will be required to perform work at a level of skill for which that employee
has not received accreditation as a result of qualification. In accordance with the needs of the
Enterprise, training will be provided to enable employees to qualify for
classification to and to make a contribution at higher levels of skill by the
application of a Training and Accreditation Program.
(c) The Company
will accept responsibility for the organisation of "on the job"
training but employees will assist as required in the training of other
employees. For training "off the
job" the Company will accept responsibility for arranging the training in
all cases where the Company requests such training to meet staffing
requirements.
(d) The Company
will pay at the classified level of skill during all training undertaken in
normal working hours. For training
undertaken "off the job" and outside normal working hours, and
approved by the Company as being in accordance with the needs of the Enterprise,
the Company will pay all necessary fees and the cost of essential textbooks,
literature and stationery.
(e) An employee
who undertakes one or more tasks, but not all the tasks, at a higher level of
skill than that to which the employee is accredited, as part of their training
for qualification to that higher level, will continue to be paid at the
classification level rate for which the employee has been accredited.
(f) For relevant
training courses established by TAFE, and established by accredited
authorities, the Company may, at its discretion, provide work experience as
part of such courses. Payment, if
appropriate, will be as for Skill Level 1 (Clause 6(e)) - casual employees.
8. Terms Of
Engagement
(a) Casual
employees will be engaged by the hour and will be employed for a minimum of
three hours and a maximum of 12 hours per engagement, all to be worked
consecutively.
(b) All
prospective an current employees will be required to meet the security
requirements for Stadium Australia and the Olympic site at all times.
(c) The company
may direct an employee to carry out such duties as are within the limits of the
employee’s skill, competence and training provided that such duties are not
designed to promote de-skilling.
(d) Despite any
other provision of this award, the company is not required to pay wages to any
employee for any day on which that employee cannot be usefully employed because
of:
(i) any strike,
(ii) any breakdown
of machinery, or
(iii) any stoppage
of work for which the company is not responsible.
9. Termination Of
Employment
(a) The company
will not terminate am employee’s employment for reasons related to the
employee’s conduct or performance unless the employee has been given the
opportunity to defend himself or herself against the allegations made, or the
company could not reasonably be expected to give the employee that opportunity
in accordance with the Disciplinary Procedure contained in Clause 17.
(b) The Company
may dismiss any employee without notice for malingering, inefficiency, and
neglect of duty or misconduct. In such
a case the employee will be paid only up to the time of dismissal.
(c) The employment
of a casual employee may be terminated by either the Company or the employee
without the giving of notice. However,
the Company will pay wages for the minimum period set out in Clause 8 (a)
providing the employee works for the remainder of the minimum period if
required to do so.
10. Hours Of Work
(a) An employee
who works between the hours of midnight and 6.00 a.m. will be paid a loading of
30% on the rate prescribed in Clause 6.
(b) Paid hours
will commence when an employee reaches the specific location where that
employee is to work and will not include time required for changing, walking to
and from, and wash up.
11. Rostering
(a) Rosters will
be provided at least 5 days in advance except where changes occur beyond the
control of the Company, such as the late notification to the Company for an
event.
(b) If a changed
roster is advised with less than 48 hours notice it will be optional for the
employee to work the roster. However,
if the change is cancellation of the event and employees are advised of the
cancellation with 8 or more hours notice, then no payment will be made for the
call. If less than 8 hours notice of
the cancellation is given, payment will be made for 3 hours.
(c) If an event is
cancelled or re-scheduled after work has commenced, for reasons beyond the
control of the Company, then payment will be for the hours worked up to the
time of the cancellation, with a minimum payment for 3 hours.
12. Meal Breaks
(a) All casual
employees who work for six consecutive hours will be entitled to an unpaid meal
break of 30 minutes duration. After
each subsequent six hour period from the time of the first entitlement the
employee will be given a further meal break under similar conditions.
(b) Paid short
breaks for the use of the toilet and obtaining liquid refreshment will be
available as approved by the supervisor at least once within a four hour period
of work.
13. Public Holidays
(a) For the
purposes of this Award, penalty rates for the following public holidays have
been included in the calculation for loading of the wage rates as set out in
Clause 6:
• New Year's
Day
• Australia Day
• Good Friday
• Easter
Saturday
• Easter Monday
• Anzac Day
• Queen's
Birthday
• Labour Day
• Christmas Day
• Boxing Day
14. Payment Of Wages
(a) All moneys
payable to employees will be paid on Thursday of each fortnight by electronic
funds transfer.
(b) For each pay
period the employee will be supplied with a written statement showing how the
pay has been made up and including details of any deductions.
15. First Aid
Allowance
An employee who holds an appropriate First Aid Certificate
and who is appointed by the Company to perform first aid duties, in addition to
ordinary work, will be paid an allowance of $2.00 per shift in addition to the
wage rate paid as required by Clause 6.
16. Uniforms
The company will provide uniforms (or part thereof at its
discretion) and arrange for replacement when they are no longer
serviceable. Such uniforms are to be
laundered by the employee (allowance included in rate of pay - Clause 6) and
worn only when working for the company.
17. Disciplinary
Procedure
(a) Warnings may
be issued by the supervisor of the employee concerned when, in the supervisor’s
opinion, the employee’s behaviour is deemed unacceptable. A written warning
should only be issued after the employee has been warned verbally, unless the
offence is of a particularly serious nature.
(b) The
establishment of a warning system will not preclude the right of the Company to
dismiss an employee without the issue of a written warning, in accordance with
Clause 9b of this Award.
(c) The basis of
the three warning system is as follows:
(i) All employees
will be provided with a copy of the Company’s Code of Conduct at the time of
engagement.
(ii) An employee
whose conduct is deemed unsatisfactory by the supervisor may be given a first
written warning.
(iii) Should no
improvement be forthcoming, then a second warning may be issued.
(iv) A third, or
final, warning can be issued if there has been no improvement. If no
improvement occurs after the issuing of a final warning then the employee is
liable to dismissal.
(v) Each warning
will remain in force, individually, for two years. An employee issued with a
second or final warning will revert back to a first or second warning
respectively after the expiration of two years. This allows an employee to improve behaviour.
(vi) All written
warnings are to be given in the presence of an employee’s nominated
representative, if the employee so desires.
18. Disputes
Procedure
(a) The following
procedure will be followed in dealing with any dispute arising out of the
operation of this Award or any matter relating to the employment of personnel
covered by this Award:
(i) The employee
or employees concerned will discuss the matter with the appropriate manager in
the presence of the Union delegate if the employee(s) so wish (es).
(ii) If the matter
is not resolved it will be brought to the attention of the appropriate General
Manager who will attempt to settle the matter by consultation within a week of
receiving the complaint.
(iii) If the matter
remains unresolved, and the employee(s) so wish (es), the Secretary of the
appropriate Union (or the Secretary’s representative) will be advised, and
further discussions will be held in an attempt to settle the matter.
(iv) If the above
steps are unsuccessful it will be referred to the New South Wales Industrial
Relations Commission for resolution.
(v) While the
above procedures are being followed, all work will continue normally. If there is a bona fide risk to the safety
of employees they will be moved to another part of the work place where there
is no risk.
(vi) All employees
are to be made familiar with this disputes procedure and are to give an
undertaking to observe it.
(b) nothing in
this clause is to be taken to affect:
(i) Any conduct
or act which is specifically exempted from anti-discrimination legislation.
(ii) Any act or
practice of a body established to propagate religion which is exempted under
section 56 (d) of the Anti-Discrimination
Act 1977 (NSW).
(iii) A party to
this award from pursuing matters of unlawful discrimination in any state or
federal legislation.
(c) it is the
intention of the parties bound by this award to respect and value the diversity
of the work force and to achieve the object in section 3 (f) of the Industrial Relations Act 1996 (NSW), to
prevent and eliminate discrimination in the workplace and n particular to
ensure equal remuneration for men and women doing work of equal or comparable
value.
(d) Unlawful
discrimination in the work place includes any distinction, exclusion or
preference made on any prohibited ground which has the effect of denying or
limiting equality of opportunity or treatment.
Unlawful discrimination in the work place includes sexual harassment on
any prohibited ground.
(e) The parties
recognise that it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of discrimination or
harassment.
(f) Accordingly,
in fulfilling their obligations the parties bound by this award must take
reasonable steps to ensure that the award provisions do not unlawfully discriminate
in their effect, and that unlawful discrimination or victimisation does not
occur in any aspect of employment.
(g) Any employee
or group of employees who has a genuine belief that they have been or are being
unlawfully discriminated against in their employment, or who have been or are
being victimised, may lodge a grievance in accordance with the relevant dispute
resolution procedures referred to in this award.
19. Union Business
(a) The Company
acknowledges the right of the Union’s accredited delegates to conduct
legitimate union business during operational time, and will do whatever is
practicable to achieve the continuance of harmonious industrial relations
through co-operation with accredited delegates.
(b) The Company
will provide a locked notice board in an area convenient to either staff
changing facilities or rest rooms, for the purpose of the Union posting notices
and a copy of this Award, and all variations.
The key will be kept by a duly authorised representative of the Union.
(c) Union members
will be entitled to attend two on-site meetings in any calendar year, without
loss of pay, provided that:
(i) such meetings
are called at a time convenient to the parties to this Award,
(ii) the union
provides the Company with 14 days clear notice in writing, of its intention to
call such a meeting, and
(iii) meetings do
not exceed two hours’ duration.
(d) On
presentation by an employee of the appropriate authority, the Company will
deduct Union membership dues from wages and forward it to the Union.
20. Union Picnic Day
One day each year will be set-aside for employees to attend
a union picnic. The date will be
determined at the beginning of each year by consultation between the Company
and the Union, taking into account the requirements for the operation of the
venue.
Casual employees who have been rostered for a call for that
day and produce an AWU authorised ticket of attendance, will receive payment
for the call.
Employees who are required to work on that day will receive
a loading of 30% on their classified rate of pay (Clause 6(e)) for the shift,
or the period of the call.
21. Care Of Property
Items supplied by the Company, such as name badges, access
control cards, ID cards, uniform items etc., are issued free but become the
responsibility of care for the employee.
If lost or damaged as a result of the employee’s negligence, then the
employee will be required to pay the cost of replacement.
22. Tools And
Equipment
All tools and equipment approved by the Company as being necessary
for employees to perform their duties will be provided by the Company free of
charge.
23. Income Protection
Plan
Regularly employed casual employees (rostered for more than
20 hours in any 28 day period), who are members of the Australian Workers’
Union, will be covered by the Sickness and Accident Income Protection Plan
provided by Kanosei Solution Pty Ltd (ACN 028 336) and approved and endorsed by
the Union.
The Company will contribute to the Plan 1% of gross
fortnightly award wages paid up to a maximum of $8.00 per month.
24.
Anti-Discrimination
(a) it is the
intention of the parties bound by this award seek to achieve the object in
section 3 (f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination on the grounds of race,
sex, marital status, disability, homosexuality, transgender identity and age.
(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:
(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.
P. J.
SAMS D.P.
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Printed by the authority of the Industrial Registrar.