Office of Sport WIN Sports and Entertainment
Centres Australian Workers Union (State) Award 2015
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Office of Sport.
(No. IRC 551 of 2015)
Before Commissioner Tabbaa
|
11 September 2015
|
AWARD
AWARD ARRANGEMENT
The conditions of employment contained in Part A of
this award apply to all employees.
The conditions of employment contained in Part B of this
award apply only to all non-managerial employees.
The conditions of employment contained in Part C of
this award apply only to all managerial employees.
PART A - ALL EMPLOYEES
Clause No. Subject
Matter
1. Title
2. Definitions
3. Parties
4. Intention
5. No Extra
Claims
6. Application
7. Period of
Operation
8. Terms of
Engagement
9. Rates of
Pay
10. Payment of
Wages
11. Superannuation
and Salary Sacrificing
12. Income
Protection
13. Training
14. Meal
Breaks and Allowances
15. Annual Leave
and Annual Leave Loading
16. Long
Service Leave
17. Sick Leave
18. Personal
Carers Leave / Bereavement Leave
19. Time off
in Lieu / Make up Time / Roster Days
20. Parental
Leave
21. Jury
Service
22. Introduction
of Change
23. Redundancy
24. Performance
Management
25. Disciplinary
Procedure
26. Disputes
Procedure
27. Role of
the Union
28. Consultative
Committee
29. Anti-Discrimination
30. Secure
Employment
PART B - GENERAL STAFF
Clause No. Subject
Matter
1. Terms of
Engagement
2. Classifications
3. Termination
of Employment
4. Hours of
Work
5. Overtime
and Time Off In Lieu
6. Meal
Breaks and Allowances
7. First Aid
Allowance
8. Public
Holidays
9. Uniforms
and Protective Clothing
10. Multi-Hiring
PART C - MANAGEMENT STAFF
Clause No. Subject
Matter
1. Engagement
2. Duties
and Responsibilities
3. Performance
Review
4. Remuneration
5. Provision
of a Vehicle
6. Termination
7. Hours of
Work
8. Confidentially
9. Professional
Indemnity
10. Resources
11. Professional
Development
12. Expenses
PART D - MONETARY RATES
Table 1 - General Staff Weekly Rates of Pay
Table 2 - Management Staff Weekly Rates of Pay
Table 3 - Other Rates and Allowances
PART A - ALL EMPLOYEES
1. Title
This award shall be known as the Office of Sport WIN Sports and
Entertainment Centres Australian Workers Union (State) Award 2015.
2. Definitions
"Employee" means a person employed by the Office
of Sport at the WIN Sports and Entertainment Centres on an ongoing full-time,
ongoing part-time, temporary or casual basis.
"Union" means the Australian Workers Union, Port
Kembla South Coast & Southern Highlands Branch New South Wales.
"WSEC" means the WIN Sports and Entertainment
Centres.
3. Parties
The parties to this award are:
a. The Office of
Sport;
b. The Industrial
Relations Secretary; and
c. The
Australian Workers Union, Port Kembla, South Coast & Southern Highlands
Branch, New South Wales (the Union).
4. Intention
4.1 The parties to
this Award acknowledge that good industrial relations are central to the
effective and efficient operation of facilities controlled by the WIN Sports
and Entertainment Centres and thereby providing the workforce with fair and
equitable rates of pay, stability of income and employment, whilst providing
the community of the Illawarra with first class sporting, entertainment and
recreation facilities.
5. No Extra
Claims
5.1 Other than as
provided for in the Industrial Relations Act 1996 and the Industrial Relations
(Public Sector Conditions of Employment) Regulation 2014, there shall be no
further claims/demands or proceedings instituted before the NSW Industrial
Relations Commission for extra or reduced wages, salaries, rates of pay,
allowances or conditions of employment with respect to the Employees covered by
the Award that take effect prior to 12 September 2016 by a party to this Award.
5.2 The terms of
the preceding paragraph do not prevent the parties from taking any proceedings
with respect to the interpretation, application or enforcement of existing
award provisions.
6. Application
6.1 This Award is
binding on the Office of Sport, WSEC, employees of the Office of Sport working
for the WSEC, and the Australian Workers Union (New South Wales Branch)
representing their members employed at the WSEC, in respect of the employment
conditions and rates of pay for the Office of Sport employees engaged in the
operation, maintenance and administration of grounds and facilities operated
and/or controlled by the WIN Sports and Entertainment Centres.
6.2 This Award
shall equally apply to any sub-contracted organisation or individual employing
persons, other than manager
classifications, who would otherwise either have been employed by the WSEC,
other than organisations or individuals who either are party to, or obliged by
common rule application to, observe Awards or Agreements of the Australian
Liquor Hospitality Miscellaneous Workers Union in regard to cleaning, security,
childcare or catering services or otherwise excluded by the operation of State
or Federal law.
7. Period of Operation
7.1 This award will
operate from the first pay period commencing on or after 13 September 2015 and
will remain in force for a period of one year, and rescinds and replaces the
Illawarra Region Sporting Venues Authority Australian Workers Union (State)
Award 2011 published 29 June 2012 (372 I.G. 1097), and any variation thereof.
7.2 The award
stands alone. All other agreements and
awards are excluded from having any application to employees of the Office of
Sport working for the WSEC while performing the work covered by the Agreement.
8. Terms of
Engagement
8.1 Employees under
this Award shall be engaged as Ongoing (full-time or part-time), Temporary or
Casual employees.
8.2 Ongoing and
temporary weekly full-time employees, including management, will be engaged by
the fortnight and will be paid the rate of pay for the appropriate skill level
as set out in Section A of Table 1 or in Table 2 of
Part D, Monetary Rates.
8.3 Ongoing and
temporary annualised full-time employees will be engaged as annualised salaried
employees and will be paid the rate of pay for the appropriate skill level as
set out in Section D of Table 1 of Part D, Monetary Rates. Ongoing and
temporary annualised part-time employees will be paid pro-rata the rate for the
appropriate skill level as set out in Section D of Table 1 of Part D, Monetary
Rates. Further terms of engagement for annualised salaried employees are set
out in Clause 5 of Part B, Overtime and Time off in Lieu.
8.4 Ongoing and temporary
weekly part-time employees will be engaged to work flexible hours and rosters
to meet the needs of the business as agreed in advance between the WSEC and the
employee concerned, provided that such lesser hours are no fewer than 80 hours
per month or 4 hours per shift.
8.5 Part-time
employees will be paid pro-rata the rate for the appropriate skills level as
set out in Table 1 of Part D Monetary Rates. The provisions of subclause (b) of
this Clause will apply to part-time employees in addition to the other
provisions of this award, with the exception that sick leave, annual leave
loading and family leave will be allowed on a pro-rata basis.
8.6 Probationary
Period: Notwithstanding anything elsewhere contained in this Clause, and Clause
3 of Part B, Termination of Employment, a maximum of the first three (3) months
of ongoing employment will be on a trial basis and may be terminated by at
least two days’ notice. If this notice is not given during this period the
payment or forfeiture of two (2) days’ wages, depending upon when the
termination is effected, will be applied. The length of the probationary period
will be specified in a new employee’s Letter of Appointment.
8.7 Casual
employees will be employees employed by the hour and will be employed for a
minimum of three (3) hours per engagement.
8.8 The WSEC 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.
8.9 Despite any
other provision of this Award, the WSEC is not required to pay wages to any
employee for any day on which that employee cannot be usefully employed because
of any strike.
9. Rates of Pay
9.1 The rates of
pay in this Award take into account structural efficiency changes and safety
net wage increases available up to the date of its making; and include a
loading in lieu of penalty rates on Saturday and Sundays.
9.2 The ordinary
hourly rates of pay relating to persons employed under this award are those
applying in Tables 1, 2and 4 of Part D attached hereto.
9.3 An employee
will only be classified and paid at a higher level of skill if the WSEC has a
vacancy at that level and the employee has attained the necessary skills and
has been accredited and appointed to a higher level. The employee will be paid
the rate for that classification regardless of the actual task carried out in
the enterprise.
9.4 An employee who
is required to perform work, for a temporary period, at a higher skill level
than that which is normally performed will be paid at the appropriate higher
wage rate whilst performing such duties, provided that the work so performed
extends beyond four hours.
9.5 A weekly or
annualised salaried employee who, during a period of relief greater than 5
working days, is required to perform the duties of a Manager and, in the
opinion of the appropriate Department Head, satisfactorily performs the whole
of the duties and assumes the whole of the responsibilities of that position
will be paid by allowance any difference between the employee’s present salary
and the salary to which the employee would have been entitled if appointed to
that Management position.
9.6 When the
employee undertakes a proportion of the duties and responsibilities of the
relief position an allowance will be paid to reflect the percentage of duties
undertaken, for example if an employee undertakes 50% of the duties and
responsibilities of the substantive occupant during the relevant period a 50%
allowance would be payable.
10. Payment of
Wages
10.1 All moneys
payable to employees will be paid weekly, fortnightly or monthly, by agreement
with the employee, by electronic funds transfer.
10.2 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.
11. Superannuation
and Salary Sacrificing
11.1 The subject of
superannuation is dealt with extensively by federal legislation including the
Superannuation Guarantee (Administration) Act 1992, the Superannuation
Guarantee charge Act 1992, the Superannuation Industry (Supervision) Act 1993,
the Superannuation (Resolution of Complaints) Act 1993 and Section 124 of the Industrial
Relations Act 1996 (NSW). This legislation, as varied from time to time,
governs the Superannuation rights and obligations of the parties.
11.2 Subject to the
requirements of this legislation, superannuation contributions may be made to
either ASSET (Australian Superannuation Savings Employment Trust), Australian
Super, or HESTA (Health & Community Services Industry Fund) on a monthly
basis on behalf of employees engaged under the provisions of this award.
SALARY SACRIFICE
TO SUPERANNUATION
11.3 Notwithstanding
the salaries as varied by clause 9, Rates of Pay of this Part, an employee may
elect, subject to the agreement of the WSEC, to sacrifice a portion of the
salary payable under clause 9 Rates of Pay to additional employer
superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed may be up to one hundred (100) percent of
the salary payable under Clause 9 Rates of Pay.
11.4 Where the
employee has elected to salary sacrifice a portion of their 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 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 which 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 9 Rates of Pay of this Award in the
absence of any salary sacrifice to superannuation made under this Award.
11.5 Where an
employee elects to salary sacrifice in terms of subclause 11.3 above, the WSEC
will pay the sacrificed amount into the relevant superannuation fund.
12. Income Protection
12.1 All ongoing and
temporary weekly employees and regularly employed casuals (being casuals
rostered for more than 20 hours in any 28 day period) shall be covered by a
Sickness and Accident Income Protection Plan approved and endorsed by the union.
12.2 It is a term of
this award that the WSEC will bear the costs of one percent
of gross weekly award rate of pay per member towards providing income
protection with a minimum of $4.00 up to a maximum of $8.00 per month, for
regularly employed casuals (as defined).
13. Training
13.1 The WSEC
acknowledges its commitment to provide its employees with career paths and
access to more varied, fulfilling and better paid jobs through training.
13.2 No employee will
be required to perform work at a level of skill for which that employee has not
been suitably trained. 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 Program.
13.3 The WSEC 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 WSEC will accept responsibility for arranging the
training in all cases where the WSEC requests such training to meet staffing
requirements.
13.4 The WSEC 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 WSEC as being in accordance with the need of the
enterprise, the company will pay all necessary fees and the cost of essential
textbooks, literature and stationery.
13.5 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.
14. Meal Breaks
and Allowances
14.1 Full-time and
part-time employees
i. All
employees will be allowed an unpaid meal break of 45 minutes duration, to be
taken between four to six hours after the commencement of work (depending on
the need of the enterprise). Each subsequent unpaid meal break of similar
duration will be taken between four to six hours after the time of the previous
meal.
14.2 Casual Employees
i. All
casual employees who work for more than four consecutive hours will be entitled
to an unpaid meal break of 45 minutes duration, to be taken according to the
needs of the operation before six hours have elapsed. After each subsequent
four-hour period from the time of the first entitlement the employee will be
given a further meal break under similar conditions.
ii. Casual
employees who work at least four hours will be entitled to a paid refreshment
break of ten minutes duration during that shift, to be taken at the place of
work and at a time to suit the needs of the enterprise.
15. Annual Leave
and Annual Leave Loading
15.1 The annual leave
provisions will be governed by the Annual Holidays Act 1944 (NSW) as amended.
15.2 All ongoing and temporary
employees shall be entitled to four weeks annual leave for each completed year
of service, less the period of annual leave taken.
15.3 Ongoing and
temporary employees engaged as General Staff under Part B shall be paid at the
anniversary of their employment a loading equal to seventeen and a half percent of their ordinary pay for four weeks.
15.4 The taking of
annual leave shall as far as practicable be taken at a mutually agreed time and
for a mutually agreed duration up to the maximum entitlement contained herein.
15.5 Under no
circumstances shall annual leave be allowed to accrue above the entitlement for
a period of two years.
15.6 No employee
shall be recalled from annual leave once they have commenced such leave,
without the re-crediting of that proportion of the leave already used and the
re-imbursement of any additional expenses incurred by the employee as a
consequence of such recall.
15.7 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.
15.8 Access to annual
leave, as prescribed in subclause 15.7 of this clause, shall be exclusive of
any shutdown period provided for elsewhere under this award.
15.9 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.
16. Long Service
Leave
16.1 Prior to 1st
September 2005, employees are entitled to long service leave in accordance with
the provisions of the Long Service Leave Act 1955.
16.2 For continuous
service post 1st September 2005, employees shall accrue long service leave as
follows:
a. Ten
weeks paid leave after ten years’ service, and thereafter,
b. Five
weeks paid leave on the completion of each additional five years’ service.
16.3 Such leave
accrual shall not apply to any long service leave that has accrued prior to 1st
September 2005.
17. Sick Leave
17.1 A full time
employee shall be entitled to 10 days sick leave per year. Part-time employees
shall be entitled to a proportionate amount of sick leave.
17.2 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. Such accumulation shall be limited to benefits up
to a maximum of 100 days paid leave.
17.3 An employee
shall not be entitled to sick leave for any period in respect of which such
employee is entitled to worker’s compensation.
17.4 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.
17.5 Where an
employee is absent for more than one consecutive day, or more than three single
days in a year, the employee shall provide the employer with a doctor’s
certificate.
17.6 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 or illness, and the estimated
duration of the absence.
18. Personal
Carers Leave / Bereavement Leave
Use of Sick Leave
18.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subclause 18.3.2 of this subclause, who need the employee’s
care and support, shall be entitled to use, in accordance with the subclause,
any current or accrued sick leave entitlement provided for in Clause 16, Sick
Leave, of this Part 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.
18.2 The employee
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.
18.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
18.3.1 The employee being
responsible for the care and support of the person concerned; and
18.3.2 The person
concerned being:
a. a
spouse of the employee, or
b. a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
c. a
child or an adult child (including an adopted child, a step child, a foster
child or an ex-nuptial child), parent (including a foster parent 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.
18.4 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 leave and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the employer by telephone of
such of such absence at the first opportunity on the day of absence.
Unpaid Leave for Family Purpose
18.5 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 subclause
18.3.2above who is ill.
BEREAVEMENT
LEAVE
18.6 A full-time or
part-time employee shall be entitled to a maximum of three (3) days leave
without loss of pay on each occasion and on the production of satisfactory
evidence of the death within Australia of a parent (including foster parent and
parent-in-law), grandmother, grandfather, wife, husband, de facto wife, de
facto husband, sister, brother, child, stepchild or grandchild.
19. Time Off in
Lieu / Make Up Time / Roster Days
19.1 Time Off in Lieu
of Payment of Overtime
19.1.1 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 twelve (12) months
of the said election.
19.1.2 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.
19.1.3 If, having elected
to take time as leave in accordance with paragraph (19.1.1) 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 twelve (12) month period or on termination.
19.1.4 Where no election
is made in accordance with the said paragraph (19.1.1), the employee shall be
paid overtime rates in accordance with the award.
19.2 Make-up Time
19.2.1 An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off during 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.
19.3 Rostered days
off
19.3.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
19.3.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
19.3.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employer or employee.
19.3.4 Where a dispute
may arise in respect of this sub-clause, the disputes procedure as provided for
in Part A - Clause 26 will be followed.
20. Parental Leave
20.1 An ongoing or
temporary full-time and part-time employee shall be entitled to parental leave
pursuant to the provisions of the NSW Industrial Relations Act 1996.
20.2 Concurrent with
the above unpaid leave provisions, all employees shall be entitled to the
following employer paid parental leave provisions:
a. Paid Maternity
Leave - fourteen (14) weeks paid maternity leave to all female ongoing and
temporary full-time and part-time employees
b. Paid Paternity
Leave - two (2) weeks paid paternity leave to all male ongoing and temporary
full-time and part-time employees
20.3 Federal
Government Paid Parental Leave
The Federal Government's paid parental leave scheme
commenced on 1 January 2011. The scheme complements the employee's entitlement
to unpaid parental leave under the National Employment Standards.
20.3.1 What does the
scheme provide?
Eligible working parents can receive up to 18 weeks of
paid parental leave. Parental leave pay
is a fixed rate for all eligible parents - regardless of their income - and is
calculated by reference to the national minimum wage. The current rate is $570
per week and will be indexed from mid-2012.
The payments are taxable income. Tax will be deducted and payments will be
recorded on end of financial year employment statements. Employers are not required to make superannuation
contributions on the payments.
20.3.2 Who is eligible?
The payments are available to an employee who:
has the primary care of a
child born or adopted after 1 January 2011
is an Australian resident or
citizen
meets the 'work test'
immediately before the birth or adoption of the child
received a taxable income of
$150,000 or less during the previous financial year (individual income - not
family income), and
has taken leave from their
workplace, or not engaged in paid work, from the birth of the baby or adoption
of the child.
20.3.3 What is the work
test?
To be eligible for the payment, the primary carers must
have:
worked for at least 10 of the
13 months prior to the birth or adoption of the child
worked for at least 330 hours
during that 10 month period and
have had no more than an
eight-week gap between consecutive working days, with at least one hour of work
being performed.
20.3.4 When can an
employee claim?
The earliest a claim can be made is 97 days prior to
the expected date of birth or adoption. The last date that a claim can be made
is the day before the child's first birthday, or the first anniversary of the
child's placement (in the case of adoption).
However, employees need to remember that if a claim is
made within 18 weeks of the child's first birthday or anniversary of placement,
the claimant is only eligible to claim for the period up to the first
anniversary. This means that an employee claiming in this period will not
receive the full 18 weeks' benefit.
20.3.5 How does an
employee claim?
The Family Assistance Office assesses every claim for
paid parental leave, even where the payments will be made through the person's
employer. The FAO will make a payability
determination. The FAO will also make a determination as to whether the paid
parental leave must be administered by the person's employer, or through the
FAO.
Applications for paid parental leave are not made to
employers directly, even when the employer will facilitate the payments.
20.3.6 Can the Government
funded leave be combined with other types of leave?
Paid Parental Leave can be received before, after or at
the same time as other entitlements, including employer-provided paid parental
leave.
20.3.7 Who pays?
Paid Parental Leave is funded by the Federal
Government. However, for many employees,
it will be paid by their employer who, in turn, receives funding for the
payments directly from the Government.
Until 1 July 2011, payments to employees can be made
directly by the Family Assistance Office. From 1 July 2011, the employer must
provide the parental leave pay to employees who have:
worked for the employer for at
least 12 months before the birth or adoption of the child;
are Australian-based
employees, and
are entitled to at least eight
weeks of paid leave.
In other cases, the Family Assistance Office will
continue to provide the payment.
20.3.8 When does the
entitlement cease?
The entitlement to paid parental leave ceases once an
employee returns to work. A person
returns to work on a day if they perform one hour or more of paid work on a
single day. This means that if an employee performs even a single hour of paid
work, they cease to be eligible. If they are already receiving payments at the
time they return to work, their entitlement to any remaining weeks' benefit
ceases from the time they perform the work.
However, employees are entitled to 10 'keeping in
touch' days while on leave. A keeping in touch day is a working day that allows
an employee to keep in touch with their place of work or that facilitates their
return to work after their leave.
Training or planning days and conference are examples of 'keeping in
touch' activities. Ordinary work activities are not 'keeping in touch' days.
21. Jury Service
21.1 An ongoing or
temporary employee required to attend for jury service will be reimbursed by
the WSEC the difference between the amount received for the service and the
amount the employee would have earned for ordinary hours, on production of
evidence of payment received for the service.
22. Introduction
of Change
22.1 Where the WSEC
has made a definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant effects
on employees, the WSEC will notify the employees who may be affected by the
proposed changes, and the union, if the employees are members.
22.2 "Significant
effects" include termination of employment, major changes in the
composition of the WSEC workforce or in the skills required; the elimination or
diminution of job opportunities, promotions opportunities or job tenure; the
alteration of hours of work; the need for retraining or transfer of employees
to other work or locations; and the restructuring of jobs. However, where this
award makes provision for alteration of any of the matters referred to herein,
an alteration will be deemed not to have a significant effect.
22.3 The WSEC will discuss
with the employees affected and, if they are members of the union, the union,
inter alia, the introduction of the changes referred to in subclause 22.1of
this clause, the effects the changes are likely to have on employees and will
give prompt consideration to matters raised by employees and, if they are
members of the union, by their union, in relation to the changes.
22.4 The discussions
will commence as early as practicable after a definite decision has been made
by the WSEC to make the changes referred to in subclause (a) of this clause.
22.5 For the purpose
of such discussion, the WSEC will provide in writing to the employees concerned
and, if they are members of the union, to their union, all relevant information
about the changes, including the nature of the changes proposed, the expected
effects of the changes on employees and any other matters likely to affect
employees. However, the WSEC will not be required to disclose confidential
information, the disclosure of which would be contrary to the WSEC’s interests.
23. Redundancy
23.1 Where the WSEC
has made a definite decision that the WSEC no longer wishes the job the
employee has been doing to be done by anyone, and this is not due to the
ordinary and customary turnover of labour, and that decision may lead to the
termination of employment, the WSEC will hold discussions with the employees
directly affected and with the union.
23.2 The discussions
will take place as soon as practicable after the WSEC has made a definite
decision which will invoke the provisions of subclause23.1of this clause, and
will cover inter alia, any reasons for the proposed terminations, measures to
avoid or minimise the terminations and measures to mitigate any effects of any
terminations on the employees concerned.
23.3 For the purposes
of the discussion the WSEC will, as soon as practicable, provide in writing to
the employees concerned and the union, all relevant information about the
proposed terminations, including the reasons for the proposed terminations, the
number and categories of employees likely to be affected, and the number of
workers normally employed and the period over which the terminations are likely
to be carried out. However, the WSEC will not be required to disclose
confidential information, the disclosure of which would be contrary to the
WSEC’s interests.
23.4 Where an
employee is transferred to lower paid duties for reasons as set out in
subclause 23.1of this clause, the employee will be entitled to the same period
of notice of transfer as the employee would have been entitled to if employment
had been terminate, and the WSEC may, at the WSEC’s option, make payment in
lieu thereof an amount equal to the difference between the former ordinary time
rate of pay and the new lower ordinary time rates for the number of weeks still
owing.
23.5 In addition to
the period of notice prescribed for ordinary termination in subclause (a) of
clause 3 of Part B, Termination of Employment, an employee whose employment is
terminated for reasons as set out in subclause23.1of this clause, will be
entitled to the following amount of severance pay in respect to a continuous
period of service:
Period of
Continuous Service
|
Severance Pay
|
Up to the completion of 5 years
|
1 week’s pay for each
completed year of service
|
5 years and over
|
3 week’s pay for
each completed year of service
|
23.6 In addition to
the above scale, one additional week’s pay per year of service will be paid to
employees over the age of45 years at the date of redundancy offer being made by
the WSEC.
"Week’s pay" means the ordinary time rate of
pay for the classified skill level for the employee concerned.
In addition, employees will be paid the following
benefits:
a. Payment of annual
leave loading on all accrued annual leave.
b. Payment of
pro-rata long service leave, for employees with more than ten years continuous
service.
23.7 An employee
whose employment is terminated for reasons set out in subclause 23.1 of this
clause may terminate employment during the period of notice and, if so, will be
entitled to the same benefits and payments under this clause had the employee
remained with the WSEC until the expiration of such notice. In such
circumstances the employee will not be entitled to payment in lieu of notice.
23.8 During the
period of notice of termination given by the WSEC an employee will be allowed
up to two days’ time off without loss of pay during each week of notice, for
the purpose of seeking other employment. The employee must make application for
the time off and may be required to produce proof of attendance at an interview
to qualify for payment for the time absent. A statutory declaration will serve
as adequate proof of attendance.
23.9 Where a decision
has been made to terminate employees in the circumstances outlined in subclause
23.1 of this clause, the WSEC will notify a Commonwealth Government Accredited
Employment Service as soon as possible giving relevant information including
the number of categories of employees likely to be affected and the period over
which the terminations are intended to be carried out.
The continuity of employment of an employee will be
deemed not to have been broken by reason of transmission of business and the
whole period of employment will be deemed to be service for the application of
this clause.
This clause will not apply where employment is
terminated as a consequence of serious and wilful misconduct or conduct that
justifies instant dismissal.
The redundancy provisions contained in this clause do
not apply to casual employees of WSEC.
24. Performance
Management
24.1 The WSEC and the
Union shall develop a classification and performance review procedure and
criteria.
24.2 A committee made
up of 2 Trust representatives and 2 workplace Union representatives shall work
collectively to produce the review package for the consideration of the WSEC,
the Union and its members.
24.3 The WSEC shall
provide in writing to each employee, a brief job description and the level upon
which they are being employed and whether they will be remunerated as either a
weekly or annualised employee.
24.4 An employee may
request on an annual basis a performance and skills review if they believe
their work, level of responsibility or skill have changed significantly enough
to warrant an upgrade to a new salary point or level.
24.5 Employees may be
appointed to their classification level and salary point on the wages structure
according to the level of job performance, responsibility, skills, experience
and work to be carried out.
24.6 Members of the
management team will participate with the General Manager of the WSEC, and in
the case of the General Manager with the Executive Director of Venues NSW and
the Chief Executive of the Office of Sport, in establishing a program of
Performance Review and work to an agreed set of Key Performance Indicators that
will be drawn from the WSEC’s Annual Business Plan.
24.7 The WSEC agrees
to employ a facilitator to assist in the development of the Performance
Management Plan, if the committee cannot come to an agreement on its design or
implementation.
25. Disciplinary
Procedure
25.1 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 on previous
occasions, unless the offence is of a particularly serious nature.
25.2 The
establishment of a warning system will not preclude the right of the WSEC to
dismiss an employee without the issue of a written warning, in accordance with
subclause (f) of clause 3 of Part B, Termination of Employment.
25.3 The basis of the
three-warning system is as follows:
25.3.1 An employee whose
conduct is deemed unsatisfactory by the supervisor may be given a first written
warning.
25.3.2 Should no
improvement be forthcoming, then a second warning may be issued.
25.3.3 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.
25.3.4 Each warning will
remain in force, individually, for two years, unless superseded by a further
warning at the next level of this warning system. 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.
25.3.5 All written
warnings are to be given in the presence of the employee’s nominated
representative, if the employee so desires.
26. Disputes
Procedure
26.1 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:
a. The employee
or employees concerned will discuss the matter with their immediate supervisor
or appropriate manager in the presence of the Union Delegate if the employee(s)
so wish.
b. If the matter
is not resolved, it will be brought to the attention of the General Manager who
will attempt to settle the matter by consultation.
c. If the matter
remains unresolved, and the employee so wishes, the Secretary of the Union (or
the Secretary’s representative) will be advised, and further discussions will
be held in an attempt to settle the matter.
d. If the above
steps are unsuccessful, the matter will be referred to the Industrial Relations
Commission of New South Wales for resolution.
e. 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.
f. All employees
are to be made familiar with this disputes procedure and are to give an
undertaking to observe it.
g. The employee
or employees who raise the grievance may be involved in the discussions at all
levels of this procedure.
27. Role of the
Union
27.1 Union Commitment
The union commits itself to promote a harmonious and
productive workplace environment in which employees are committed to the
organisation. Every effort will be made to ensure that the dispute settlement
procedures are followed and industrial disruption is avoided.
In recognition of this, the following procedure will be
implemented:
27.1.1 Attendance at the
work site.
Properly accredited officials of the union shall have
the right, subject to security arrangements, to enter the work site to observe
the performance of work and to talk to employees, after notifying his presence
on the worksite to managements. The union shall be provided with appropriate
access to employees to promote the benefits of union membership.
27.1.2 Union/Employer
Co-operation.
To facilitate union membership, the WSEC will:
a. Provide
payroll deduction services for union fees. Such fees shall be remitted to the
union on a monthly/fortnightly basis with enough information supplied to enable
the union to carry out a reconciliation;
b. Supply all
employees with an application form to join the union at the same time as
employees are provided with their taxation declaration form;
c. Provide the
union with access to talk to all new employees at all induction training. In
this regard the WSEC will organise such access for the union in a way which is
conductive to the union being able to give a presentation to as small a group
as practicable;
d. Ensure that
all supervisors are trained in the provisions of enterprise agreement and the
employer’s policy on union membership;
e. Notwithstanding
the above, where an employee indicates they have an objection to joining the
union, the WSEC shall advise the union of this within 2 weeks. The union shall
then be provided with appropriate access to this employee to further promote
the benefits of union membership.
27.1.3 Role of the union
delegate
a. For the
purpose of the union conducting their business on a day to day basis, the WSEC
will recognise duly elected/appointed union delegates.
b. Union
delegates will be allowed reasonable time during work hours to interview the
WSEC or the WSEC’s representatives on matters affecting employees.
c. Union
delegates will be allowed reasonable time during working hours to discuss with
individual union members any matters pertaining to their work.
d. Union
delegates will be allowed to meet with their union official(s) to discuss
issues, which may need to be progressed either in the consultative committee or
via the dispute settling procedure. Such meetings whilst in paid time will be
determined following consultation with the employer.
27.1.4 Investigating
Complaints
For the purpose of investigating complaints concerning
the application of this Award, a duly accredited union representative shall be
afforded reasonable facilities for entering an employer’s worksite during
working hours, subject to the following conditions:
a. The
representative discloses to the WSEC nominee the complaint which is to be
investigated;
b. The representative
conducts such investigations in the presence of the WSEC’s Nominee;
c. The
representative does not interfere with work proceeding in the workshop or
plant;
d. The
representative conducts themselves properly.
28. Consultative
Committee
28.1 A consultative
committee made up of management and the workplace union representatives shall
meet on a bi-monthly or an as-required basis for the purpose of reviewing the
implementation of this award and other workplace issues which might arise from
time to time.
28.2 Minutes of each
meeting will be kept and made available to the WSEC or the union if required.
29. Anti Discrimination
29.1 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.
29.2 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.
29.3 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.
29.4 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.
29.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
30. Secure
Employment
30.1 Work Health and
Safety
30.1.1 For the purposes
of this subclause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
30.1.2 Any employer which
engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(a) consult with employees of the labour hire business and/or
contract business regarding the workplace occupational health and safety
consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure employees of the labour hire business and/or contract
business are made aware of any risks identified in the workplace and the
procedures to control those risks.
30.1.3 Nothing in this
subclause is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and
Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act
1998.
30.2 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or implementation
of this clause, the matter shall be dealt with pursuant to the disputes
settlement procedure of this award.
30.3 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
PART B - GENERAL STAFF
1. Terms of
Engagement
1.1 For the purpose
of consistency and clarity, the provisions under this clause are equivalent to
those expressed in Part ‘A’ Clause 8 of this award and, as such, are not
repeated.
2. Classifications
2.1 Employees shall
perform all duties required by the WSEC within their skill and competence, to
ensure the elimination of demarcation barriers preventing an employee from
performing the whole job. At times, these duties may require an employee to
perform tasks incidental to their normal activities in order to ensure events
are staged in the most cost-efficient manner possible.
2.2 Subject to
(2.2) above, employees engaged by the week shall be advised in writing of their
employment relating to the following classification structure:
2.3 LEVEL 1
2.3.1 Shall be an
employee with no qualifications or relevant industry experience, who performs
duties of a routine nature, requiring the use of minimal judgement and direct
supervision.
Such an employee shall be undertaking either on-the-job
or off-the-job structured training relevant to the enterprises’ needs.
2.3.2 A Level 1
employee will perform the work of a Level 2 but under direct supervision. The
maximum period of employment for an employee as a Level 1 employee shall be 380
hours.
2.3.3 Provided that an
employee who hasn’t demonstrably reached the standard of performance required
by the WSEC justifying progression to Level 2, shall be counselled and provided
the appropriate additional training and be allowed the opportunity to achieve
the standard required for a period of a maximum of four (4) additional weeks,
prior to a further review of their performance. After such additional period
the employment of the individual shall either be terminated or they shall be
reclassified to a higher level or offered an alternative position.
2.4 LEVEL 2
2.4.1 Shall be an
employee who has completed some structured training relevant and/or experience to
the operational needs of the WSEC, and who is continuing such training, or has
recognised industry experience appropriate to the WSEC’s needs.
2.4.2 A Level 2
employee shall, in addition to the skills of a Level 1 operative be able to perform a majority of the following:
i. Assist
with the on-the-job training of Level 1 employees, to a limited degree;
ii. Exercise
intermediate keyboard skills with instructions;
iii. Demonstrated
ability to work from instructions or procedures;
iv. Have a
demonstrated understanding of general office, or box office, or cash control or
staging or stadium procedures;
v. Demonstrated
customer service skills;
vi. Able to work
effectively as a member of a small team under general technical, trade or
administrative supervision;
vii. Demonstrated
knowledge of occupational health and safety requirements relating to the
operation of Public Venues
viii. Knowledge of
safe handling procedures in regards to tools and chemicals
2.4.3 Indicative tasks
for Level 2 shall include but not be limited to:
Events Staff
|
Grounds Building
And
|
Administration
&
|
|
Technical Staff
|
Client Support
|
|
|
|
Usher
|
Labourer
|
General
Receptionist
|
|
|
|
Crowd control,
which does not
|
Cleaner
|
Basic Clerical
duties
|
require
a security licence.
|
|
|
|
General Grounds
Assistant
|
Maintenance of
simple records
|
General Attendant
|
|
|
|
Trades Assistant
|
Basic Client
Liaison
|
Ticket Seller
|
|
|
Customer Service
Assistant
|
Stage Hand
|
|
Sales Assistant
|
Driver
|
|
|
|
|
2.5 LEVEL 3
2.5.1 Shall be an
employee who has completed structured training and/or experience recognised by
the WSEC as relevant and appropriate to perform within the scope of this Level or
has industrial experience appropriate to the WSEC’s needs.
2.5.2 An employee at
this Level shall assist with the training and development of staff at Levels 1
and 2.
2.5.3 An employee at
this Level shall exercise discretion within one’s own level of skill and
training, whilst taking responsibility for the quality of one’s own work
(subject to routine supervision). A person at this level shall also be a person
who typically holds a trade or equivalent qualification and/or experience.
2.5.4 Indicative tasks
at this level would include:
Events Staff
|
Grounds Building
|
Administration
&
|
|
Technical Staff
|
Client Support
|
Can perform
function of Level 2
|
Can perform
function of Level 2
|
Can perform
function of
|
|
|
Level 2 but in
addition
|
but in addition
includes:
|
but in addition
includes:
|
includes:
|
|
|
|
Supervisors of
Ushers/crowd
|
|
Client Services
Officer
|
control
|
Trades - Groundsmen
|
|
|
Trades -
Technicians Cleaner
|
Non-qualified
|
|
|
Bookkeeper
|
|
|
Bookings Clerk
|
|
|
Personal Assistant
|
2.6 LEVEL 4
2.6.1 Shall be an
employee who is engaged in supervising, training and co-ordinating staff and
who is responsible for the maintenance of service and operational standards
across a mixed trade team.
2.6.2 Indicative tasks
and competencies for a Level 4 employee would include:
Events Staff
|
Grounds Building
|
Administration
& Client
|
|
Technical Staff
|
Support
|
|
Typical work at
this Level
|
Typical work at
this Level
|
|
includes:
|
includes:
|
|
|
|
|
Maintenance
Supervisor
|
Book-keeper
|
|
Operations
Supervisor
|
|
|
Technical
Supervisor
|
|
|
Grounds Keeper
|
|
2.7 Level 5
2.7.1 Shall be an
employee who is a holder of a post trade qualification or technical qualification
relevant to the WSEC’s operations or will have worked or studied in a relevant
field and/or have specialist knowledge, qualifications and experience.
2.7.2 A Level 5
employee will be directly responsible to the Executive Management for the operation
and policy development relating to a discreet workforce or site.
2.7.3 Indicative tasks
and competencies for a Level 5 employee would include:
Events Staff
|
Grounds Building
Technical
|
Administration
& Client
|
|
Staff
|
Support
|
|
|
|
|
Typical work at
this Level includes:
|
Typical work at
this Level includes:
|
|
|
|
|
Operations
Coordinator
|
IT/Systems
Coordinator
|
|
|
Accounts Officer
|
|
|
|
2.8 Progression to succeeding
levels within the above structure will be dependent on a demonstrated capacity
to perform the functions required and availability of a vacant position.
3. Termination
of Employment
3.1 Employment may be
terminated by either the WSEC or the employee at any time during the week by
the giving of the following notice (except as provided by subclause (8.3) of
Clause 8 Terms of Engagement of Part A, and subclause (3.6) of this clause:
Period of Continuous
Service
|
Period of Notice
|
Over 1 year and up to the completion of 3 years
|
2 weeks
|
Over 3 years and up to the completion of 5 years
|
3 weeks
|
Over 5 years
|
4 weeks
|
Plus one extra week for employees
over 45 years of age with not less than two years continuous service (except in
the case of an employee giving notice).
3.2 An employee who
fails to give the appropriate notice may have moneys withheld to the equivalent
of the notice period required, and not given.
3.3 The WSEC will
not terminate an employee’s employment for reasons related to the employee’s
conduct, performance, malingering or inefficiency, unless the employee has been
given the opportunity to defend himself or herself against the allegations made
or the WSEC could not reasonably be expected to give the employee that
opportunity, in accordance with the disciplinary procedure contained in clause
25 of Part A.
3.4 An employee who
has been given notice will be allowed up to one day as time off without loss of
pay (at a time convenient to the WSEC) for the purpose of seeking another job.
3.5 Following a
request from the terminated employee, the WSEC will provide a written statement
of the period of employment and the type of work performed.
3.6 The WSEC may dismiss
any employee without notice for neglect of duty or misconduct. In such case the
employee will be paid only up to the time of dismissal.
3.7 The employment
of a casual employee may be terminated by either the IVAWSEC or the employee
without the giving of notice. However, the WSEC will pay wages for the minimum
period as set out in subclause (8.4) of Clause 8 Part A, Terms of Engagement,
providing the employee works for the remainder of the minimum period if
required to do so.
4. Hours of Work
The ordinary hours of work can be rostered Monday to Sunday,
inclusive, subject to the following:
4.1 Hours of Work
(Ongoing and Temporary Employees)
4.1.1 To suit the
needs of the enterprise, ordinary hours will be worked on a rostered basis over
a fortnightly period with the following limitations;
a. A maximum of
76 ordinary hours will be worked in any one fortnightly period.
b. A maximum of
10 ordinary hours will be worked in any 24 hours period.
4.2 The ordinary
hours will be rostered to give employees four clear days off in 14, and, at
least two lots of consecutive days off in 28.
4.3 Rosters
(Ongoing and Temporary Employees)
4.3.1 Rosters will be
provided at least seven days in advance, unless such changes are mutually
agreed. Roster changes given with less than seven days’ notice will incur a
penalty of 50 per cent of the appropriate skill level rate to be applied to any
shifts worked for which less than seven days’ notice has been given.
4.3.2 If a changed
roster is advised with less than seven days but more than 48 hours’ notice, it
will be obligatory for employees to work the roster. If notice is less than 48
hours it will be optional for the employees to work the roster.
4.4 Rosters (Casual
Employees)
4.4.1 Casuals will be rostered
to meet the requirement of the enterprise. Should a casual be advised of a
cancellation or shortening of roster with less than four (4) hours’ notice they
shall be paid for half of the number of hours rostered originally.
5. Overtime and
Time Off in Lieu
5.1 Overtime based
on the payment of time and one half for the first two hours and double time
thereafter for work on other than Public Holiday shall be paid to a weekly
full-time or part-time employee engaged under the provisions of Section A of
Part D, in the following circumstances:
a. For all hours
worked in excess of 10 per shift
b. For all hours
worked in excess of 76 in a fourteen day cycle
5.2 Overtime based
on the payment of time and one half for the first two hours and double time thereafter
for work on other than Public Holiday shall be paid to a casual employee
engaged under the provisions of Section B of Part D, for all hours worked in
excess of 10 per shift.
5.3 An employee who
has worked between midnight and 6:00am (and has commenced work before 5:00 am),
will be provided with a meal by the WSEC or be paid the amount as set out in
Item 2 of Table 3 - Other Rates and Allowances, of Part D, Monetary Rates, for
each meal break occurring before finishing time.
5.4 Weekly
employees may take time off in lieu of overtime payments as agreed between the
employee and employer. Such time off shall be shall be taken at the ordinary
time rate, that is an hour for each hour worked.
5.5 Notwithstanding
subclauses 5.1, 5.2 and 5.3of this Clause, employees engaged as annualised
salaried employees shall work hours and rosters to meet the needs of the
business subject to the following:
a. Employees can
work up to 20 hours per twenty eight (28) day cycle in excess of 152 hours
without the payment of overtime or time off in lieu. The number of hours worked
by part-time annualised employees without the payment of overtime or time off
in lieu will be based on their normal working week hours e.g. an employee
working 3/5 of a normal 38 hour working week can work up to 3/5 of 20 hours per
twenty eight (28) day cycle without the payment of overtime or time off in
lieu.
b. All hours
worked in excess of 172 hours per twenty eight (28) day cycle (or pro-rata
hours for part-time annualised employees) shall be accrued as time off in lieu,
at overtime rates, and taken at a time and date agreed between the employer and
the employee
c. ‘Overtime
rates’ in above subclause 5.5 (b) are defined as time and one half (1½) for the
first two hours worked, and double (2) time thereafter, during each shift
worked
d. The
calculation of time ‘worked’ during each twenty eight (28) day cycle includes
hours away from the work place on public holidays, annual leave and sick leave
e. It is agreed by
the parties that the annualised salaried employees shall receive a 10 hour
break between shifts wherever possible
5.6 The employer
shall monitor the hours of work of employees so that no employee works
excessive hours which might contribute to an occupational health and safety
problem for the employee concerned, other staff or patrons of the WSEC.
6. Meal Breaks
and Allowances
6.1 Employees who
are required to work through a meal break will be paid at the rate of double
time for the period when the meal break would have been taken.
6.2 All employees
will be allowed a paid refreshment break of ten minutes, to be taken at the
place of work and at a time to suit the needs of the enterprise.
7. First Aid
Allowance
7.1 An employee who
holds and appropriate first-aid certificate and who is appointed by the WSEC to
perform first-aid duties, in addition to ordinary work, will be paid an
allowance per day as set out in Item 3 of Table 3 - Other Rates and Allowances,
of Part D, Monetary Rates, in addition to the wage rate as set out in Table 1 -
Rates of Pay, of the said Part D.
8. Public
Holidays
8.1 The days on
which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter
Sunday, Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day,
Boxing Day, Union Picnic Day (being the first Tuesday after Easter) or any
proclaimed days in lieu thereof throughout the State shall be holidays without
deduction from the wages due to any employee for the week in which such holiday
or holidays occur.
8.1.1 Provided that
the above mentioned holidays may be substituted for another day/s off by
agreement between the employer and employee(s) to be taken within one (1) month
of the said holiday/s or adjacent to a period of annual leave.
8.1.2 Part-time employees
are entitled to paid absence on a public holiday only when the public holiday
falls on a day that is regularly worked by the employee (working days as
defined in the part-time employee’s employment agreement). When a public
holiday falls on a non-working day, the part-time employee is not entitled to
paid absence.
8.2 Entitlement to
paid absence on the Union Picnic Day shall only apply to weekly and annualised
employees who are members of the Union.
8.3 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 shall receive double
time and a half based on the ordinary hourly rate for the appropriate weekly
classification.
8.4 Where the
Picnic Day referred to in subclause (8.2) of this Clause falls on a bump-in,
bump-out or an event day, the employer shall organise an alternative union
picnic day at a time agreeable between management and the workplace union
representatives.
9. Uniforms and
Protective Clothing
9.1 Where employees
are required to wear a branded uniform they will provided free of charge.
9.2 Where items of
clothing referred to in sub-clause (9.1) are required to be cleaned and
maintained by the employee the provisions of Part D Table 3, herein, shall
apply.
9.3 The WSEC
commits to providing appropriate protective clothing for employees as is deemed
necessary to provide a safe working environment for Trust employees.
9.4 The WSEC shall
have the right to determine a dress or uniform code for all employees covered
by this award, which may include a particular style and colour of dress, which
is practical to the working environment, such items shall be provided by the
employee.
9.5 All uniform
items, protective clothing and other tools provided by the WSEC shall remain
the property of the WSEC and shall, upon demand be returned to the WSEC in reasonable
conditions. Upon termination, monies owed to the employee may be withheld until
such time as this sub-clause is complied with by the
employee.
10. Multi-Hiring
10.1 Employees may be
separately engaged as casual employees (whether they hold weekly positions or
not) for duties in a separate section of the WSEC’s operations covered by this
award from that in which the employee engages in their ordinary employment. For
the purpose of this clause a "section" shall mean a discrete work
location other than the employee’s usual work location, or alternatively, may
mean a discrete set of duties other than the employee’s usual duties, provided
such duties are not wholly or substantially performed in the employee’s usual
work location, and shall not apply to work where overtime would normally be
performed.
10.2 An Operator
engaged for stage productions will be remunerated at the appropriate tech rate
for the duration of such engagement.
10.3 The arrangements
entered into under this clause shall be mutually agreed and recorded in writing
at the time.
PART C - MANAGEMENT STAFF
1. Engagement
1.1 Management
staff shall be engaged as ongoing employees or as temporary employees for a
period of up to three years.
2. Duties and
Responsibilities
2.1 The employee
shall:
a. Satisfactorily
carry out the duties and responsibilities set out in the position description
as provided to the employee upon commencement in that position;
b. take all
necessary steps to meet the Performance Management Plan that will be established
between the General manager and the employee as varied annually;
c. promote
the best interests of the WSEC; and
d. perform
all duties imposed by law.
2.2 The employee
will assist the General Manager in the implementation of decisions and policies
of the WSEC.
2.3 It is accepted
that the duties and responsibilities set out in the position description may
vary from time to time, by agreement, in writing, between the WSEC and the
employee.
2.4 In addition,
notwithstanding subclause 2(a).of this Part, if one of the Management Team
leaves, or the business of the WSEC changes significantly, the WSEC reserves
the right to vary the duties and responsibilities set out in the position
description following consultation with the employee.
2.5 Employees agree
that employment is subject to a Code of Conduct that is based on a need for
accountable, honest and responsible behaviour.
3. Performance
Review
3.1 The General
Manager of the WSEC and the employee shall review the Performance Management
Plan regularly.
3.2 The performance
agreement shall set realistic strategic objectives and performance measures
consistent with the duties and responsibilities set out in the position
description.
3.3 The employee
will take an active role in the preparation of the WSEC’s’ Annual Budget and
the WSEC’s Annual Business Plan from which the performance measures will be
considered.
3.4 Performance
shall be monitored and reported formally on a six-monthly basis.
3.5 The General Manager
of the WSEC will give the employee appropriate feedback on the standard of the
employee’s performance.
4. Remuneration
4.1 The employee
shall be paid a salary in accordance with the employee’s relevant level, as
detailed in the letter of appointment and the position description, and within
the salary range as set out in Table 2 of Part D Monetary Rates.
4.2 The salary paid
under sub-clause 4(a) is compensation for all hours worked, including work on
public holidays and weekends.
4.3 Superannuation
shall be based on the employee’s salary, excluding the provision of a motor
vehicle.
5. Provision of
a Vehicle
5.1 An employee may
be provided with a vehicle as part of their employment.
5.2 Where a vehicle
is supplied in accordance with this clause it shall be a fully maintained
vehicle for private use and business use (to a standard agreed and approved by
the WSEC), with fuel supplied, except when the employee uses the vehicle when
on leave.
5.3 The WSEC agrees
to pay any liabilities involved in Fringe Benefits Tax through the provision of
the motor vehicle.
6. Termination
6.1 Where an
employee is to be terminated, the following notice period shall apply.
a. By the
employee giving two (2) months’ notice, with the General Manager authorised to
approve a shorter period (of up to a minimum of one (1) month) with the
employee, if considered essential.
b. By the WSEC
with one (1) month notice in writing or by the payment of one (1) month’s pay
in lieu of notice by the WSEC, where the employee does not meet the duties and
responsibilities as specified in Clause 2 Duties and Responsibilities of this
Part.
c. By the WSEC,
without notice, if the employee commits any act that could entitle the WSEC to
summarily dismiss the employee including:
i. any serious or persistent breach of
any conditions of employment
ii. grave misconduct including dishonesty or fraud in the
discharge of the employee’s duties to the WSEC
iii. wilful neglect or disobedience in the discharge of the
employee’s duties to the WSEC
iv. conviction of an offence precluding or inhibiting the
further performance of duties under the employee’s contract.
d. By the WSEC if
satisfied that the employee is permanently incapacitated as a consequence of
injury or illness and is unable to continue to perform the duties of the
position. A termination under this clause shall constitute a medical retirement
and the WSEC may consider appropriate financial retirement arrangements.
6.2 Upon
termination of employment, the employee shall immediately return all property
of the WSEC to the WSEC.
6.3 The provisions
of Clause 22 Introduction of Change of Part A and Clause 23 Redundancy of Part
A apply, notwithstanding the provisions of this Clause.
7. Hours of Work
7.1 The employee
acknowledges that this is a senior managerial role and that the hours of work
performed will be such as to meet the needs of the organisation, the duties and
responsibilities and may include evening and weekend activity.
7.2 Employees agree
to devote the whole of their time and attention during working hours, and such
other time as may be deemed reasonably necessary, to the business of the WSEC.
8. Confidentially
8.1 Confidentiality
in respect to the WSEC’s affairs must be appropriately maintained at all times.
The employee must not use any property, information or knowledge of the WSEC in
a manner that would not be in the best interest of the WSEC.
8.2 Any
intellectual property invented or created by the employee as a result of
his/her employment under this contract shall remain the property of the WSEC,
unless agreed in writing between the parties to this Award.
9. Professional
Indemnity
9.1 The WSEC will
indemnify the employee against any loss or claim made by a third party or cause
of action of any kind arising out of their employment, provided the employee
acted honestly, diligently and in good faith.
10. Resources
10.1 The WSEC shall
ensure that resources and personnel as identified at the time of appointment or
as varied by agreement between the WSEC and the employee, are available to the
employee to enable him/her to adequately perform the duties and
responsibilities outlined in the position description.
10.2 These resources
may include the provision of a mobile phone.
11. Professional
Development
11.1 It is agreed
that it is the responsibility of the employee to keep informed of developments
in the profession and to develop professional knowledge and ability in
accordance with current management theories.
11.2 Where in pursuance
of these aims, the employee is granted permission by the WSEC to attend a
conference, seminar, short term study course or the like, the WSEC shall meet
all associated costs and shall continue payment of full salary and benefits to
the employee.
12. Expenses
12.1 The employee is
entitled to be reimbursed those expenses legitimately and reasonably incurred
in conducting and managing the arrangements of the Venues and a part of the
duties outlined in the employee’s position description.
PART D - MONETARY RATES
Table 1 - General Staff Weekly Rates of Pay
SECTION A - ONGOING AND TEMPORARY EMPLOYEES
1. Weekly rate of
pay for a week not exceeding 38 ordinary hours.
Increases are effective from the beginning of the first pay
period to commence on or after the dates in the column headings
Classification
|
Step
|
Ordinary Weekly
|
|
|
Rate
|
|
|
13 September 2015
|
|
|
|
|
|
$
|
Level 1
|
1
|
764.30
|
Level 2
|
1
|
795.30
|
|
2
|
805.00
|
|
3
|
831.20
|
Level 3
|
1
|
855.50
|
|
2
|
878.20
|
|
3
|
896.90
|
Level 4
|
1
|
933.50
|
|
2
|
967.70
|
|
3
|
1008.29
|
|
4
|
1118.50
|
|
5
|
1228.60
|
Level 5
|
1
|
1333.60
|
|
2
|
1463.70
|
|
3
|
1577.60
|
|
4
|
1735.30
|
|
5
|
1908.90
|
2. Employees engaged
under Section A1, above shall be paid 1.125 times the appropriate ordinary
hourly rate for each hour, or part thereof, worked between the hours of
midnight and 6am on all days, excepting Public Holidays as described in clause
8 of Part B herein.
SECTION B - CASUAL EMPLOYEES
1. Casual Hourly
Rates for Employees engaged on all occasions except for Public Holidays.
Increases are effective from the beginning of the first pay
period to commence on or after the dates in the column headings.
Classification
|
Step
|
Ordinary Weekly
|
|
|
Rate
|
|
|
13 September 2015
|
|
|
|
|
|
$
|
Level 1
|
1
|
25.15
|
Level 2
|
1
|
26.16
|
|
2
|
26.49
|
|
3
|
27.49
|
Level 3
|
1
|
28.15
|
|
2
|
28.88
|
|
3
|
30.23
|
Level 4
|
1
|
30.72
|
|
2
|
31.84
|
|
3
|
33.16
|
2. Casual
employees engaged under Section B1 above shall be paid the hourly rate at the
Steps in each Level upon the accumulation of ordinary hours worked over time at
the site. The maximum period of employment at Level 1 shall be 380 hours. In
the succeeding Levels 2 through 3; progression to each Step will occur at the
accumulation of 800 hours per Step for all employees, except ushers. Ushers
shall progress to each Step after working 380 hours per Step.
3. Employees
engaged under Section B1, above shall be paid 1.125 times the appropriate
ordinary hourly rate for each hour, or part thereof, worked between the hours
of midnight and 6am on all days, excepting Public Holidays as described in
clause 8 of Part B herein.
SECTION C - JUNIOR RATES
a. Employees
engaged as weekly employees or as casuals under the provisions of Section A or
Section B, above, who are less than 18 years of age shall be paid according to
the following scale:
Under 17 years of age - 80% of the appropriate rate.
Under 18 years but more than 17 years
- 90% in the appropriate rate.
18 years and older - 100% of the
appropriate rate.
b. Provided that
the scale contained in (a) above relates to employees engaged at Levels 1 and
2, performing functions other than cleaning and labouring as defined in clause
2 of Part B, here-in.
SECTION D - ANNUALISED SALARIED EMPLOYEES
Employees engaged under annualised salary packages for
all incidents or work under this award.
Increases are effective from the beginning of the first
pay period to commence on or after the dates in the column headings
Classification
|
Step
|
Salary per Annum
|
|
|
13 September 2015
|
|
|
|
|
|
$
|
Level 1
|
|
|
Level 2
|
1
|
52,216.00
|
|
2
|
52,857.00
|
|
3
|
54,886.00
|
Level 3
|
1
|
56,167.00
|
|
2
|
57,662.00
|
|
3
|
60,332.00
|
Level 4
|
1
|
61,293.00
|
|
2
|
63,535.00
|
|
3
|
66,205.00
|
|
4
|
73,436.00
|
|
5
|
80,668.00
|
Level 5
|
1
|
87,561.00
|
|
2
|
96,103.00
|
|
3
|
103,578.00
|
Table 2 - Management Staff Rates of Pay
Increases are effective from the beginning of the first
pay period to commence on or after the dates in the column headings.
Level
|
Pay Point
|
Salary per Annum
|
|
|
13 September 2015
|
|
|
$
|
3
|
Maximum
|
177,271
|
|
Minimum
|
143,927
|
2
|
Maximum
|
136,131
|
|
Minimum
|
119,939
|
1
|
Maximum
|
115,862
|
|
Minimum
|
107,946
|
SECTION E - ALLOWANCES
Table 3 - Other Rates and Allowances
|
|
13 SEP 2015
|
|
Allowance
|
Amount
|
Casuals
|
|
|
$
|
$
|
1
|
Laundry
|
16.04
|
1.47
|
|
Allowance
|
Per week
|
Per shift
|
|
|
|
|
2
|
Meal
|
11.67
|
11.67
|
|
Allowance
|
|
|
|
|
|
|
3
|
First Aid
|
3.00
|
3.00
|
|
Allowance
|
Per shift
|
Per shift
|
|
|
|
|
4
|
Offensive
|
|
|
|
Matter
|
|
|
|
Cleaning
|
3.75
|
3.75
|
|
Allowance
|
Per day
|
Per shift
|
|
|
|
|
5
|
Leading Hand Allowance
|
|
|
|
3 to 10
|
39.92
|
1.26
|
|
employees
|
Per week
|
Per hour
|
|
|
|
|
|
11 to 20 employees
|
47.40
|
1.56
|
|
|
Per week
|
Per hour
|
|
|
|
|
|
More than
|
56.88
|
1.87
|
|
20
|
Per week
|
Per hour
|
|
employees
|
|
|
I. TABBAA, Commissioner
____________________
Printed by the authority of the Industrial Registrar.