State Sports Centre Trust Casual
Event Staff (State) Award 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1578 of 2007)
Before Commissioner
Cambridge
|
24 October 2008
|
REVIEWED
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
PART A
1. Arrangement
2. Parties to
this Award
3. Intention
4. Rates of
Pay
5. Income
Protection Plan
6. Hours of
Work
7. Terms of
Engagement
8. Meal Breaks
9. Overtime
10. Public
Holidays
11. Payment of
Wages
12. Job
Representative
13. Labour
Flexibility
14. Uniforms
and Protective Clothing
15. Tools and
Equipment
16. Change
Rooms
17. Grievance
and Dispute Resolution Procedures
18. Area,
Incidence and Duration
19. No Extra
Claims
20. No
Reduction of Entitlements
PART B
Table 1 - Hourly
Rates
2. Parties to This
Award
The parties to this award are:
(i) the Division
Head of the State Sports Centre Trust Division exercising on behalf of the
Government of NSW the employer functions of the Government Sports in relation
to members of staff of the State Centre Trust Division employed under Chapter
1A of the Public Service and Management Act 2002 in - in the
classifications set out in Clause 4 ("the Employer").
(ii) The Australian
Workers’ Union, New South Wales ("the Union")
3. Intention
The principal intentions of this award, consistent with the
understandings agreed with Unions New South Wales on behalf of affiliates, are:
(i) To promote
harmonious industrial relations for the Sydney Olympic Park Sports Centre
("the Centre") and associated facilities;
(ii) To maximise
standards of service to the public and the Centre’s users, measured against
those applying in the leisure and recreation industry nationally and
internationally;
(iii) To facilitate
the development of a multi-skilled casual workforce;
(iv) To establish
flexible operational arrangements to meet the needs of the Centre, its clients
and those of the workforce;
(v) To maintain the
Centre and associated facilities as world class Olympic Sports Venues.
4. Rates of Pay
(i) The minimum
rates of pay for employees covered by this award shall be those set out in
Table 1 of Part B of this award
(ii) The rates of
pay in this award include the adjustments payable under the State Wage Case
2007. These adjustments may be offset against:
any equivalent over award payments, and/or
award wage increases since 29 May 1991 other than
safety net, State Wage Case and minimum rates adjustments.
(iii) Classifications
(Skills/Definitions)
Level 1
Shall be an employee with no qualifications and
performs duties of a routine nature, requiring the use of minimum judgement and
supervision.
Employees at this level may include the initial recruit
who may have limited relevant experience.
An employee at this level will be able to communicate
with the public in a courteous and tactful manner.
Working under close supervision and undergoing
on-the-job training, an employee at this level would perform the function of car
parking attendant, door attendant, door attendant or usher cashier (including
basic clerical and office duties including answering the phone).
Upon completion of 400 hours of employment at Level 1,
an employee will be reclassified to Level 2.
Level 2
Shall be an employee who has:
(a) Undertaken
structured training recognised by the Centre’s management as being relevant; or
(b) Completed 400
hours' employment at the level required of a Level 1 operative or equivalent
work within the leisure and recreation or venue management sector.
An employee at this level would:
Demonstrate a capacity to work in a team environment
under routine supervision and assist with the provision of on-the-job training
to a limited degree.
Where appropriate, hold and maintain first-aid
qualifications recognised as being in accord with the safe and effective
conduct of duties involving public and employee health and safety.
In addition to the requirements of a Level 1 employee,
a person at this level may be called upon to perform some of the following:
Program selling/merchandise selling;
Processing ticket sales and bookings;
Conduct tours of the Centre or associated facilities;
Supervise uniform room.
Level 3
An employee at this level shall exercise discretion
within one’s own level of skill and training and has delegated responsibility
for work under their control or supervision in terms of allocation of duties,
co-ordinating workflows, checking progress, quality of work and resolving
problems, as well as counselling staff for performance and work-related
problems where required.
Tasks would include training of new employees at Levels
1 and 2 and supervision of a discrete section or group; acts as an assistant
theatre manager or event co-ordinator/client liaison, audio visual technician,
security supervisor.
Level 4
Shall be an employee who, subject to broad guidance or
direction, reports to more senior staff as required.
An employee at this level would have worked or studied
in a relevant field and/or have specialist knowledge, qualifications and
experience sufficient to enable them to advise on a range of activities and
features and contribute, as required, to the determination of objectives,
within their delegated area of supervision, including box office management,
security, theatre craft, event management, publicity and promotion.
5. Income Protection
Plan
Employees who are members of the union to whom this award
applies shall be covered by the Sickness and Accident Income Protection Plan
approved and endorsed by The Australian Workers’ Union. It is a term of this award that the employer
will bear the costs of a daily premium of $1.00 per employee per day worked to
cover employees who are members of the union.
This clause applies only to regular casuals, i.e. employees
engaged for 2 or more shifts within a calendar month.
6. Hours of Work
The ordinary hours of work shall be rostered, between the
hours of 7:00 am and 11:30 pm. The
ordinary hours of work may be extended to 2:00 am to cover special events,
provided that management gives all employees involved 7 clear days' notice of
the extension of ordinary hours, or upon agreement between the Employer and
employee.
7. Terms of
Engagement
(i) All employees
shall be engaged as casual employees under this award.
(ii) Employees
shall be paid the appropriate hourly rate as set out in Table 1 of Part B.
(iii) The casual
hourly rate contained in this award contains a component in lieu of any
entitlement to sick leave, public holidays, bereavement leave, long service
leave and annual leave.
(iv) A casual
employee shall receive a minimum payment of 3 hours for each engagement, to be
worked consecutively.
(v) Casual rosters
may be changed by management provided that shifts are not shortened to less
than the minimum referred to above.
8. Meal Breaks
(i) Any employee
who is required to work on any shift for more than 5 hours shall be entitled to
a paid meal break of 30 minutes which should be taken no more than 5 hours
after commencing duty.
(ii) Notwithstanding
the provisions of subclause (i) of this clause, the Employer and employee can
determine the appropriate time to take a meal break by mutual agreement.
9. Overtime
(i) Overtime shall
be paid to employees engaged under this award in the following circumstances:
(a) Where the hours
of work exceed 10 in any day;
(b) Where the hours
of work extend beyond the time limits specified in clause 6, Hours of Work;
(c) Where the
employee receives less than a 10-hour break between work on consecutive days.
(ii) Overtime shall
be paid on the hourly rates contained in Table 1 of Part B, based on time and
one half for the first 2 hours and double time for each hour worked thereafter
calculated to the nearest quarter hour.
10. Public Holidays
(i) The days on which
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day or any
proclaimed day or part thereof in lieu thereof for the State shall be holidays.
(ii) Casual
employees who are required to work on a public holiday shall be entitled to the
appropriate hourly rate contained in Table 1 of Part B.
11. Payment of Wages
Wages will be paid fortnightly by electronic funds transfer.
12. Job
Representative
(i) A job representative
appointed by the employees shall be allowed the necessary time during working
hours, to interview the supervisor or officer in charge on matters affecting
the employees whom he/she represents.
(ii) The Australian
Workers’ Union job delegates shall be allowed up to 5 days' paid leave per year
to attend approved courses run by the union.
13. Labour
Flexibility
Employees covered by this award shall perform all work
within their skill and competence including but not limited to work which is
incidental but not peripheral to their main tasks and functions.
14. Uniforms and
Protective Clothing
Where employees are required to wear a uniform, they will be
provided to the employee free of charge.
Employees required to work in the rain shall be provided with oilskins,
gumboots or other protective clothing, free of charge.
Upon termination of employment, all uniforms and property
belonging to the employer shall be returned by the employee to the Employer.
15. Tools and
Equipment
All tools and equipment required by the employees to perform
their duties shall be provided by the Employer, free of charge.
16. Change Rooms
The Employer shall provide a change room for the use of the
employees, free of charge. Such change
room shall be equipped with hot and cold showers and shall be fitted with
individual locker accommodation.
17. Grievance and
Dispute Resolution Procedures
(i) Procedures
relating to grievances of individual employees
(a) The employee is
required to notify (in writing or otherwise) the Employer as to the substance
of the grievance, request a meeting with the Employer for bilateral discussion
and state the remedy sought.
(b) A grievance must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the Employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by the union for the purpose of each procedure.
(ii) Procedures
relating to disputes, etc., between the Employer and its employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
level of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The Employer may
be represented by an industrial organisation of employers and the employees may
be represented by the union for the purpose of each procedure.
18. Area, Incidence
and Duration
(i) This award
shall regulate the terms and conditions of employment of casual event employees
of the Government Service of New South Wales State Sports Centre Trust Division
engaged within the scope of the classification structure contained in clause 4
(ii), employed in or in connection with, or in about (whether indoors or
outdoors) at any fixture, event, exhibition or performance at the Sydney Olympic
Park Sports Centre, or associated facilities.
(ii) This award
shall not apply to employees of the Government Service of New South Wales State
Sports Centre Trust Division engaged by the week, even though such employees
may from time to time perform functions covered by the classification structure
contained in clause 4 (rates of pay).
(iii) This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the State Sports Centre Trust Casual Event Staff
(State) Award 2004 published 11 March 2005 (349 I.G. 29), as varied.
(iv) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 I.G. 359) take effect on and from 20 June 2008.
(v) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
19. No Extra Claims
It is a term of this award that the union undertakes not to
pursue any extra claims, award or over-award, of a general nature, for the
duration of the award.
20. No Reduction in
Entitlements
No existing employee at the date of the implementation of
this award shall suffer a reduction in either conditions or rates of pay,
whether award based or not, simply as a consequence of the existence of this
award, and it impacting on their employment
PART B
Table 1 - Hourly
Rates
The following shall be the ordinary hourly rates for
employees engaged under this award:
|
At commencement of
award
|
Classification
|
Monday to Sunday
|
Public Holidays
|
|
|
$
|
$
|
|
Level 1
|
17.65
|
36.77
|
|
Level 2
|
18.98
|
39.54
|
|
Level 3
|
21.03
|
43.82
|
|
Level 4
|
25.03
|
52.15
|
|
Notes:
The above hourly rates were calculated based on the award
rates shown below at 1 July 2005 multiplied by 38 hours to establish a weekly
rate. The Arbitrated Safety Net Adjustment 2007 increase of $20 per week was
then added to the weekly rate and the result was divided by 38 hours to give
the new hourly rate. The Public Holiday rates are the new hourly rates less the
20% casual loading multiplied by 2.5.
Previous Hourly Rates:
|
At commencement of
award
|
1 July 2005
|
Classification
|
Monday to Sunday
|
Public Holidays
|
Monday to Sunday
|
Public Holidays
|
|
$
|
$
|
$
|
$
|
Level 1
|
16.70
|
34.80
|
17.12
|
35.67
|
Level 2
|
18.00
|
37.50
|
18.45
|
38.44
|
Level 3
|
20.00
|
41.67
|
20.50
|
42.71
|
Level 4
|
23.90
|
49.79
|
24.50
|
51.04
|
I.
W. CAMBRIDGE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.