Illawarra
Region Sporting Venues Authority Australian Workers Union (State) Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Australian Workers' Union, New South Wales, Industrial Organisation of
Employees.
(No. IRC 1477 of 2009)
|
Before Mr Deputy
President Grayson
|
19 February 2010
|
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 non-managerial employees.
The conditions of employment contained in Part C of this
award apply only to managerial employees.
PART A
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties
4. Intention
5. Application
6. Period of
Operation
7. Terms of
Engagement
8. Rates of
Pay
9. Payment of
Wages
10. Superannuation
and Salary Sacrificing
11. Income
Protection
12. Training
13. Meal Breaks
and Allowances
14. Annual
Leave and Annual Leave Loading
15. Long
Service Leave
16. Sick Leave
17. Personal
Carers Leave
18. Bereavement
Leave
19. Parental
Leave
20. Jury
Service
21. Introduction
of Change
22. Redundancy
23. Performance
Management Plans
24. Disciplinary
Procedure
25. Disputes
Procedure
26. Role of the
Union
27. Consultative
Committee
28. Anti-Discrimination
PART B
GENERAL STAFF
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
11. Traineeships
PART C
MANAGEMENT STAFF
1. Engagement
2. Duties and
Responsibilities
3. Performance
Review
4. Remuneration
5. Provision
of a Vehicle
6. Termination
7. Hours of
Work
8. Confidentiality
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 Rates of Pay
Table 3 - Other Rates and Allowances
Table 4 - Trainee Rates
1. Title
This award shall be known as the Illawarra Region Sporting
Venues Authority Australian Workers Union (State) Award 2009.
2. Definitions
"Employee" means a person employed by Communities
NSW at the Illawarra Region Sporting Venues Authority on a permanent full-time,
permanent part-time, fixed-term or casual basis.
"IRSVA" means the Illawarra Region Sporting Venues
Authority (or any subsequent entity assuming responsibility for the Authority),
whose employees are considered employees of Communities NSW.
"Union" means the Australian Workers Union, Port
Kembla, South Coast & Southern Highlands Branch, New South Wales.
3. Parties
The parties to this award are:
a. Communities
NSW; and
b. The Australian
Workers Union, Port Kembla, South Coast & Southern Highlands Branch, New
South Wales (the Union).
4. Intention
a. The parties to
this Award acknowledge that good industrial relations are central to the
effective and efficient operation of facilities controlled by the Illawarra
Region Sporting Venues Authority 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. Application
a. This Award is
binding on the Illawarra Region Sporting Venues Authority, employees of
Communities NSW working for the IRSVA, and the Australian Workers Union (New
South Wales Branch) representing their members employed at the IRSVA, in
respect of the employment conditions and rates of pay for the Communities NSW
employees engaged in the operation, maintenance and administration of grounds
and facilities operated and/or controlled by the Illawarra Region Sporting
Venues Authority.
b. 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 IRSVA, 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.
6. Period of
Operation
This award will operate from the first pay period commencing
on or after 13 September 2009 and will remain in force for a period of two
years.
This award rescinds and replaces the Wollongong Sportsground
Trust Australian Workers Union (State) Award 2007 published 30 November 2007
(364 I.G. 549).
7. Terms of
Engagement
Employees under this Award shall be engaged as either
Permanent (full-time or part-time) or Casual employees.
a. Permanent
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.
Permanent 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. Permanent 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
b. Permanent
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 IRSVA and
the employee concerned, provided that such lesser hours be no fewer than 80 per
months or 4 per shift.
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.
c. 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 permanent 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.
d. Casual
employees will be employees employed by the hour and will be employed for a
minimum of three (3) hours per engagement for commercial events and two (2)
hours for community and not for profit functions relating to the hire of the
IRSVA’s facilities.
e. The IRSVA 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.
f. Despite any
other provision of this Award, the IRSVA is not required to pay wages to any
employee for any day on which that employee cannot be usefully employed because
of any strike.
8. Rates of Pay
a. 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.
b. The ordinary
hourly rates of pay relating to persons employed under this award are those
applying in Tables 1, 2 and 4 of Part D
attached hereto.
c. An employee
will only be classified and paid at a higher level of skill if the IRSVA 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.
d. 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.
e. 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.
f. 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.
9. Payment of Wages
a. All moneys
payable to employees will be paid weekly, fortnightly or monthly, by agreement
with the employee, 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.
10. Superannuation
and Salary Sacrificing
a. 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.
b. Subject to the
requirements of this legislation, superannuation contributions may be made to
either ASSET (Australian Superannuation Savings Employment Trust) or Australian
Super, on a monthly basis on behalf of employees engaged under the provisions
of this award.
Salary sacrifice to Superannuation
c. Notwithstanding
the salaries as varied by Clause 8. Rates of Pay of this Part, an employee may
elect, subject to the agreement of the IRSVA, to sacrifice a portion of the
salary payable under Clause 8 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 8 Rates of Pay.
d. 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 8 Rates of Pay of this Award in the
absence of any salary sacrifice to superannuation made under this Award.
e. Where an
employee elects to salary sacrifice in terms of subclause (c) above, the IRSVA
will pay the sacrificed amount into the relevant superannuation fund.
11. Income Protection
Plan
All permanent 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.
It is a term of this award that the IRSVA 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).
12. Training
a. The IRSVA
acknowledges its commitment to provide its employees with 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 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.
c. The IRSVA 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 IRSVA will
accept responsibility for arranging the training in all cases where the IRSVA
requests such training to meet staffing requirements.
d. The IRSVA 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 IRSVA 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.
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.
13. Meal Breaks and
Allowances
a. 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.
b. 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 working in a non-event capacity 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.
14. Annual Leave and
Annual Leave Loading
a. All permanent
employees shall be entitled to four weeks annual leave for each completed year
of service, less the period of annual leave taken.
b. Permanent
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.
c. 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.
d. Under no
circumstances shall annual leave be allowed to accrue above the entitlement for
a period of two years.
e. 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. Long Service
Leave
Prior to 1st September 2005, employees are entitled to long
service leave in accordance with the provisions of the Long Service Leave
Act 1955.
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.
Such leave accrual shall not apply to any long service leave
that has accrued prior to 1st September 2005.
16. Sick Leave
a. 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.
b. 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.
c. An employee
shall not be entitled to sick leave for any period in respect of which such
employee is entitled to worker’s compensation.
d. 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.
e. Where an
employee is absent for more than one consecutive day, or more than five single
days in a year, the employee shall provide the employer with a doctor’s
certificate.
f. 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.
17. Personal Carers
Leave
a. Use of Sick
Leave
(i) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (iii) 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.
(ii) 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.
(iii) The
entitlement to use sick leave in accordance with this subclause is subject to:
1. The employee
being responsible for the care and support of the person concerned; and
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.
(iv) 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.
b. Unpaid Leave
for Family Purpose
(i) 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 subparagraph
(iii).2 of sub-clause above who is ill.
c. Annual Leave
(i) 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.
(ii) Access to
annual leave, as prescribed in paragraph (i) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(iii) 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.
d. Time Off in
Lieu of Payment of Overtime
(i) 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.
(ii) 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.
(iii) If, having
elected to take time as leave in accordance with paragraph (i) 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.
(iv) Where no
election is made in accordance with the said paragraph (i), the employee shall
be paid overtime rates in accordance with the award.
e. Make-up Time
(i) 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.
f. Rostered days
off
(i) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(ii) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(iii) 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.
(iv) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of DDO flexibility, and providing a
reasonable opportunity for the unions to participate in negotiations.
18. Bereavement Leave
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. Parental Leave
A permanent full-time and part-time employee shall be
entitled to parental leave pursuant to the provisions of the NSW Industrial
Relations Act 1996.
Concurrent with the above unpaid leave provisions, permanent
full-time and part-time employees shall be entitled to the following paid
parental leave:
a. Paid Maternity
Leave - fourteen (14) weeks paid maternity leave to all female permanent
full-time and part-time employees
b. Paid Paternity
Leave - two (2) weeks paid paternity leave to all male permanent full-time and
part-time employees
20. Jury Service
A permanent employee required to attend for jury service
will be reimbursed by the IRSVA 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.
21. Introduction of
Change
a. Where the IRSVA
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 IRSVA will notify the employees who may be affected
by the proposed changes, and the union, if the employees are members.
b. "Significant
effects" include termination of employment, major changes in the
composition of the IRSVA 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.
c. The IRSVA 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 (a)
of 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.
d. The discussions
will commence as early as practicable after a definite decision has been made
by the IRSVA to make the changes referred to in subclause (a) of this clause.
e. For the purpose
of such discussion, the IRSVA 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 IRSVA
will not be required to disclose confidential information, the disclosure of
which would be inimical to the IRSVAs interests.
22. Redundancy
a. Where the IRSVA
has made a definite decision that the IRSVA 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 IRSVA will hold discussions with the employees
directly affected and with the union.
b. The discussions
will take place as soon as practicable after the IRSVA has made a definite
decision which will invoke the provisions of subclause (a) of 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.
c. For the
purposes of the discussion the IRSVA 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 IRSVA
will not be required to disclose confidential information, the disclosure of
which would be inimical to the IRSVAs’ interests.
d. Where an
employee is transferred to lower paid duties for reasons as set out in
subclause (a) of 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 IRSVA may, at the IRSVAs’ 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.
e. 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 subclause (a) of 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 weeks pay for each completed year of service
|
|
5 years and over
|
3 weeks pay for each completed year of service
|
In addition to the above scale, one additional week’s pay
per year of service will be paid to employees over the age of 45 years at the
date of redundancy offer being made by the IRSVA.
"Weeks pay" means the ordinary time rate of pay
for the classified skill level for the employee concerned.
f. In addition,
employees will be paid the following benefits:
(i) Payment of
annual leave loading on all accrued annual leave.
(ii) Payment of
pro-rata long service leave for employees with more than ten years continuous
service.
g. An employee
whose employment is terminated for reasons set out in subclause (a) 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 IRSVA until the expiration of such notice. In such circumstances the employee will not
be entitled to payment in lieu of notice.
h. During the
period of notice of termination given by the IRSVA an employee will be allowed
up to two days time off without lost 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.
i. Where a
decision has been made to terminate employees in the circumstances outlined in
subclause (a) of this clause, the IRSVA 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.
j. 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.
k. This clause
will not apply where employment is terminated as a consequence of conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty, or in the case of casual employees.
23. Performance
Management Plans
The IRSVA and the Union shall develop a classification and
performance review procedure and criteria.
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 IRSVA, the Union and its members.
The IRSVA 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.
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.
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.
Members of the management team will participate with the
general Manager of the IRSVA, and in the case of the General Manager with the
Chairperson of the IRSVA and the Director General, Communities NSW, in
establishing a program of Performance Review and work to an agreed set of Key
performance Indicators that will be drawn from the IRSVA’s Annual Business
Plan.
The IRSVA 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.
24. 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 on previous occasions, unless the
offence is of a particularly serious nature.
b. The
establishment of a warning system will not preclude the right of the IRSVA 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.
c. The basis of
the three-warning system is as follows:
(i) An employee
whose conduct is deemed unsatisfactory by the supervisor may be given a first
written warning.
(ii) Should no
improvement be forthcoming, then a second warning may be issued.
(iii) 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.
(iv) 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.
(v) All written
warnings are to be given in the presence of the employee’s nominated
representative, if the employee so desires.
25. 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 their immediate supervisor or
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 General Manager who
will attempt to settle the matter by consultation.
(iii) 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.
(iv) If the above
steps are unsuccessful, the matter will be referred to the Industrial Relations
Commission of New South Wales 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.
(vii) The employee or
employees who raise the grievance may be involved in the discussions at all
levels of this procedure.
26. Role of the Union
a. 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:
i. 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.
ii. Union/Trust
Co-operation.
To facilitate union membership, the IRSVA will:
1. 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;
2. Supply all
employees with an application form to join the union at the same time as
employees are provided with their taxation declaration form;
3. Provide the
union with access to talk to all new employees at all induction training. In this regard the IRSVA 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;
4. Ensure that all
supervisors are trained in the provisions of enterprise agreement and the
employer’s policy on union membership;
5. Notwithstanding
the above, where an employee indicates they have an objection to joining the
union, the IRSVA 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.
iii. Role of the
union delegate
1. For the purpose
of the union conducting their business on a day to day basis, the IRSVA will
recognise duly elected/appointed union delegates.
2. Union delegates
will be allowed reasonable time during work hours to interview the IRSVA or the
IRSVA’s representatives on matters affecting employees.
3. Union delegates
will be allowed reasonable time during working hours to discuss with individual
union members any matters pertaining to their work.
4. 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.
iv. 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:
1. That he or she
discloses to the IRSVA nominees the complaint which he desires to investigate;
2. That he makes
his investigations in the presence of the IRSVA’s Nominees;
3. That he or she
does not interfere with work proceeding in the workshop or plant;
4. That he or she
conducts himself properly.
27. Consultative
Committee
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.
Minutes of each meeting will be kept and made available to
the IRSVA or the union if required.
28.
Anti-Discrimination
a. It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
b. It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not directly
or indirectly discriminatory in their effects.
It will be consistent with the fulfilment of these obligations for the
parties to make application to vary any provision of the award which, by its
terms or operation, has a direct or indirect discriminatory effect.
c. Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
d. Nothing in this
clause is to be taken to affect:
(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 legislation referred to in this clause.
PART B
GENERAL STAFF
1. Terms of
Engagement
a. Permanent
weekly full-time employees 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 of Part D, Monetary Rates
Permanent 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. Further terms of
engagement for annualised salaried employees are se t out in subclause 5(e) of
this Part - Overtime and Time Off In Lieu.
Permanent 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.
b. Permanent
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 IRSVA and
the employee concerned, provided that such lesser hours be no fewer than 80 per
month or 4 per shifts.
Part-time employees will be paid pro-rata the rate for
the appropriate skill 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.
c. Probationary
Period: Notwithstanding anything
elsewhere contained in this Clause, and Clause 3, Termination of Employment, of
this Part, a maximum of the first three (3) months of permanent employment will
be on a trial basis and may be terminated by at least two (2) days notice is
not given during this period the payment or forfeiture of two 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.
d. Casual
employees will be employed by the hour and will be employed for a minimum three
(3) hours per engagement, for commercial events and two (2) hours for community
and not for profit functions relating to the hire of the IRSVA’s facilities.
e. The IRSVA 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.
f. Despite any
other provision of this Award, the IRSVA 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.
2. Classifications
a. Employees shall
perform all duties required by the IRSVA 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.
b. Subject to (a)
above, employees engaged by the week shall be advised in writing of their
employment relating to the following classification structure:
LEVEL 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.
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.
Provided that an employee who hasn’t demonstrably
reached the standard of performance required by the IRSVA 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.
LEVEL 2
Shall be an employee who has completed some structured training
relevant and/or experience to the operational needs of the IRSVA, and who is
continuing such training, or has recognised industry experience appropriate to
the IRSVAs’ needs.
A Level 2 employee shall, in addition to the skills of
a Level 1 operative be able to perform a majority of the following:
Assist with the on-the-job training of Level 1
employees, to a limited degree;
Exercise intermediate keyboard skills with
instructions;
Demonstrated ability to work from instructions or
procedures;
Have a demonstrated understanding of general office, or
box office, or cash control or staging or stadium procedures;
Demonstrated customer service skills;
Able to work effectively as a member of a small team
under general technical, trade or administrative supervision;
Demonstrated knowledge of occupational health and
safety requirements relating to the operation of Public Venues
Knowledge of safe handling procedures in regards to
tools and chemicals
Indicative tasks for Level 2 shall include but not be
limited to:
|
Events Staff
|
Grounds, Building
and
|
Administration and
Client
|
|
|
Technical Staff
|
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
|
Stage Hand
|
|
|
Customer Service Assistant
|
Driver
|
|
|
Sales Assistant
|
|
|
LEVEL 3
Shall be an employee who has completed structured training
and/or experience recognised by the IRSVA as relevant and appropriate to
perform within the scope of this Level or has industrial experience appropriate
to the IRSVA’s needs.
An employee at this Level shall assist with the training and
development of staff at Levels 1 and 2.
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.
Indicative tasks at this level would include:
|
Events Staff
|
Grounds, Building And
|
Administration And
|
|
|
Technical Staff
|
Client Support
|
|
Can perform function of Level 2
|
Can perform function of Level 2
|
Can perform function of Level
|
|
but in addition includes:
|
but in addition includes:
|
2 but in addition includes:
|
|
|
Supervisors of
|
|
Trades - Groundsmen
|
Client Services
|
|
|
Ushers/crowd control
|
|
Trades - Technicians Cleaner
|
Officer
|
|
|
|
Non qualified
|
|
|
|
Bookkeeper
|
|
|
|
Bookings Clerk
|
|
|
|
Personal Assistant
|
LEVEL 4
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.
Indicative tasks and competencies for a Level 4 employee
would include;
|
Events Staff
|
Grounds, Building and Technical
|
Administration and Client
|
|
|
|
Staff
|
Support
|
|
|
|
Typical work at this level
|
Typical work at this level
|
|
|
|
includes:
|
includes:
|
|
|
|
|
Maintenance Supervisor
|
|
|
|
|
|
Operations Supervisor
|
|
Bookkeeper
|
|
|
|
Technical Supervisor
|
|
|
|
|
|
Ground Supervisor
|
|
|
|
|
|
|
|
|
LEVEL 5
Shall be an employee who is a holder of a post trade
qualification or technical qualification relevant to the IRSVA’s operations or
will have worked or studied in a relevant field and/or have specialist
knowledge, qualifications and experience.
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.
Indicative tasks and competencies for a Level 5 employee
would include;
|
Events Staff
|
Grounds, Building and
|
Administration and Client
|
|
|
Technical Staff
|
Support
|
|
|
Typical work at this level
|
Typical work at this level
|
|
|
includes:
|
includes:
|
|
|
|
Operations Coordinator
|
|
IT/Systems Coordinator
|
|
|
|
|
Accounts Officer
|
|
|
|
|
|
c. Progression to
succeeding levels within the above structure will be dependant on a
demonstrated capacity to perform the functions required and availability of a
vacant position.
3. Termination of Employment
a. Employment may
be terminated by either the IRSVA or the employee at any time during the week
by the giving of the following notice (except as provided by subclause (c) of
Clause 1 Terms of Engagement of this Part, and subclause (f) of this Clause:
|
Period of
Continuous Service
|
Period of Notice
|
|
|
|
|
1 year or less
|
1 week
|
|
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).
b. An employee who
fails to give the appropriate notice may have moneys withheld to the equivalent
of the notice period required, and not given.
c. The IRSVA 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 IRSVA could not reasonably be expected to give the employee that
opportunity, in accordance with the disciplinary procedure contained in clause
24 of Part A.
d. 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 IRSVA) for the purpose of seeking another job.
e. Following a
request from the terminated employee, the IRSVA will provide a written
statement of the period of employment and the type of work performed.
f. The IRSVA 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.
g. The employment
of a casual employee may be terminated by either the IRSVA or the employee without
the giving of notice. However, the
IRSVA will pay wages for the minimum period as set out in subclause (d) of
Clause 7 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:
a. Hours of Work
(Permanent Employees)
To suit the needs of the enterprise, ordinary hours
will be worked on a rostered basis over a fortnightly period with the following
limitations;
(i) A maximum of 76
ordinary hours will be worked in any one fortnightly period.
(ii) A maximum of 10
ordinary hours will be worked in any 24 hours period.
b. 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.
c. Rosters
(Permanent Employees)
(i) 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.
(ii) 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.
d. Rosters (Casual
Employees)
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
a. 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:
(i) For all hours
worked in excess of 10 per shift
(ii) For all hours
worked in excess of 76 in a fourteen day cycle
b. 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.
c. An employee who
has worked between midnight and 6:00am (and has commenced work before 5:00am),
will be provided with a meal by the IRSVA 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.
d. 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.
e. Notwithstanding
subclauses a, b, and c of this Clause, employees engaged as annualised salaried
employees shall work hours and rosters to meet the needs of the business
subject to the following:
(i) 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 eg. 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.
(ii) 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
(iii) ‘Overtime
rates’ in above subclause e (ii) are defined as time and one half (1½) for the
first two hours worked, and double (2) time thereafter, during each shift
worked
(iv) 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
(v) It is agreed by
the parties that the annualised salaried employees shall receive a 10 hour break
between shifts wherever possible
f. 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 IRSVA.
6. Meal Breaks and
Allowances
a. 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.
b. 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
An employee who holds and appropriate first-aid certificate
and who is appointed by the IRSVA 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
a. The days on
which New Years Day, Australia Day, Good Friday, Easter Saturday, 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.
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.
Part-time employees are entitled to paid absence on a
public holiday only when the public holiday fulls 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.
b. Entitlement to
paid absence on the Union Picnic Day shall only apply to weekly and annualised
employees who are members of the Union.
c. 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.
d. Where the
Picnic Day referred to in subclause (b) 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
a. Where employees
are required to wear a branded uniform they will provided free of charge.
b. Where items of
clothing referred to in sub-clause (a) are required to be cleaned and
maintained by the employee the provisions of Part D Table 3, herein, shall
apply.
c. The IRSVA
commits to providing appropriate protective clothing for employees as is deemed
necessary to provide a safe working environment for Trust employees
d. The IRSVA 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.
e. All uniform
items, protective clothing and other tools provided by the IRSVA shall remain
the property of the IRSVA and shall, upon demand be returned to the IRSVA 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
Employees may be separately engaged as casual employees
(whether they hold weekly positions or not) for duties in a separate section of
the IRSVA’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.
The arrangements entered into under this clause shall be
mutually agreed and recorded in writing at the time.
11. Traineeships
a. This clause
applies only to persons employed in a traineeship which has been registered
with the Relevant NSW Training Authority.
b. Definitions
(i) A
"traineeship" is a program of training comprising structured training
with an employer, and it will include training conducted by a Registered
Training Organisation that has been approved by the Vocational Education
Training Accreditation Board. For the purposes of the traineeship, structured
training shall mean formal instruction and closely supervised practice directly
related to that instruction that is undertaken according to the provisions of
the training agreement.
(ii) A
"training agreement" means an agreement between an employer and a
trainee for registered training and employment which is approved by the
Relevant NSW Training Authority.
(iii) A
"trainee" is an employee undertaking a traineeship who is bound by a
training agreement.
(iv) "Relevant
NSW Training Authority" means the Department of Education and Training or
its successor organisation.
c. Training
Conditions
A trainee undertaking a traineeship shall be engaged as
a full time employee for a traineeship of a nominal period of one year or as
approved by the Relevant NSW Training Authority, provided that the trainee
shall be subject to a satisfactory probation period of up to one month.
d. All Trainees
(i) The time spent
off the job at training shall be allowed without loss of continuity of
employment.
(ii) Where
employment of a trainee by an employer is continued after completion of the
traineeship period, the traineeship period shall be counted as service for all
award and statutory entitlements where consistent with relevant legislation.
(iii) For the purposes
of the Long Service Leave Act 1955, where an employee has entered into a
contract of employment with an employer within a 12 month period after the
completion of the traineeship with the employer, the period of the employee's
traineeship with the employer shall be taken into account for the purposes of
ascertaining the period of service of the employee with that employer under
that contract of employment.
(iv) Preference in
continuation of employment shall be given to trainees, where possible, should vacancies
occur at the conclusion of the training period.
(v) The provisions
of the Workplace Injury Management and Workers Compensation Act 1998,
and the Occupational Health and Safety Act 2000, shall apply to
trainees.
(vi) It is
acknowledged by the parties to this award that the purpose of the relevant
traineeships is to create education and career opportunities for persons who
would otherwise be unemployed, and to that extent the traineeship systems will
not be utilised by employers as a means of displacing existing regular
employees, whether full time, part time or casual.
(vii) The employer
shall ensure that the trainee is permitted to attend prescribed off the job
training and is provided with on the job training approved by the Relevant
State Training Authority.
(viii) The union shall
be afforded reasonable access to trainees and the trainees’ records, consistent
with the Industrial Relations Act 1996.
e. Wages
(i) Trainees will
be paid the weekly rate of pay for the appropriate year of schooling completed
as set out in Table 4 - Trainee Rates of Part D, Monetary Rates.
PART C
MANAGEMENT STAFF
1. Engagement
Management staff shall be engaged as either permanent
employees or as fixed-term employees for a period of up to three years.
2. Duties and
Responsibilities
a. The employee
shall:
(i) satisfactorily
carry out the duties and responsibilities set out in the position description
as provided to the employee upon commencement in that position;
(ii) take all
necessary steps to meet the Performance Management Plan that will be
established between the General manager and the employee as varied annually;
(iii) promote the
best interests of the IRSVA; and
(iv) perform all
duties imposed by law.
b. The employee
will assist the General Manager in the implementation of decisions and policies
of the IRSVA.
c. 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 IRSVA and the
employee.
d. In addition,
notwithstanding subclause 2(a).of this Part, if one of the Management Team
leaves, or the business of the IRSVA changes significantly, the IRSVA reserves
the right to vary the duties and responsibilities set out in the position
description following consultation with the employee.
e. 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
a. The General
Manager of the IRSVA and the employee shall review the Performance Management
Plan regularly.
b. The performance
agreement shall set realistic strategic objectives and performance measures
consistent with the duties and responsibilities set out in the position
description.
c. The employee will
take an active role in the preparation of the IRSVA’s Annual Budget and the
IRSVA’s Annual Business Plan from which the performance measures will be
considered.
d. Performance
shall be monitored and reported formally on a six-monthly basis.
e. The General
Manager of the IRSVA will give the employee appropriate feedback on the
standard of the employee’s performance.
4. Remuneration
a. The employee
shall be paid a salary in accordance with the employee’s relevant level, as
detailed in the letter of appointment and the postion description, and within
the salary range as set out in Table 2 of Part D Monetary Rates.
b. The salary paid
under sub-clause 4(a) is compensation for all hours worked, including work on
public holidays and weekends.
c. Superannuation
shall be based on the employee’s salary, excluding the provision of a motor
vehicle.
5. Provision of a
Vehicle
a. An employee may
be provided with a vehicle as part of their employment.
b. 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 IRSVA), with fuel supplied, except when the employee uses the vehicle when
on leave
c. The IRSVA
agrees to pay any liabilities involved in Fringe Benefits Tax through the
provision of the motor vehicle.
6. Termination
a. Where an
employee is to be terminated, the following notice period shall apply.
(i) 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.
(ii) By the IRSVA
with one (1) month’s notice in writing or by the payment of one (1) month’s pay
in lieu of notice by the IRSVA, where the employee does not meet the duties and
responsibilities as specified in Clause 2
Duties and Responsibilities of this Part.
(iii) By the IRSVA,
without notice, if the employee commits any act that could entitle the IRSVA 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 IRSVA
iii. wilful neglect
or disobedience in the discharge of the employee’s duties to the IRSVA
iv. conviction of
an offence precluding or inhibiting the further performance of duties under the
employee’s contract.
(iv) By the IRSVA 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 IRSVA may consider appropriate financial retirement arrangements.
b. Upon
termination of employment, the employee shall immediately return all property
of the IRSVA to the IRSVA.
c. The provisions
of Clause 21 Introduction of Change of Part A and Clause 22 Redundancy of Part
A apply, notwithstanding the provisions of this Clause.
7. Hours of Work
a. 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.
b. 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 IRSVA.
8. Confidentiality
a. Confidentiality
in respect to the IRSVA’s affairs must be appropriately maintained at all times.
The employee must not use any property, information or knowledge of the IRSVA
in a manner that would not be in the best interest of the IRSVA.
b. 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 IRSVA,
unless agreed in writing between the parties to this Award.
9. Professional
Indemnity
The IRSVA 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
The IRSVA shall ensure that resources and personnel as
identified at the time of appointment or as varied by agreement between the
IRSVA and the employee, are available to the employee to enable him/her to
adequately perform the duties and responsibilities outlined in the position
description.
These resources may include the provision of a mobile phone.
11. Professional
Development
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.
Where in pursuance of these aims, the employee is granted
permission by the IRSVA to attend a conference, seminar, short term study
course or the like, the IRSVA shall meet all associated costs and shall
continue payment of full salary and benefits to the employee.
12. Expenses
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
Weekly Rates of
Pay
TABLE 1
General Staff
Section A - Permanent 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
|
Ordinary Weekly
|
Ordinary
|
|
|
|
Rate
|
Rate
|
Weekly Rate
|
|
|
|
13 September 2008
|
13 September 2009
|
13 September 2010
|
|
|
|
|
+4%
|
+4%
|
|
|
|
$
|
$
|
$
|
|
Level 1
|
1
|
612.79
|
637.30
|
662.79
|
|
Level 2
|
1
|
637.56
|
663.06
|
689.58
|
|
|
2
|
645.38
|
671.20
|
698.04
|
|
|
3
|
670.15
|
696.96
|
724.83
|
|
Level 3
|
1
|
685.80
|
713.23
|
741.76
|
|
|
2
|
704.05
|
732.21
|
761.50
|
|
|
3
|
736.65
|
766.12
|
796.76
|
|
Level 4
|
1
|
748.38
|
778.32
|
809.45
|
|
|
2
|
775.76
|
806.79
|
839.06
|
|
|
3
|
808.36
|
840.69
|
874.32
|
|
|
4
|
896.66
|
932.53
|
969.83
|
|
|
5
|
984.96
|
1,024.36
|
1,065.33
|
|
Level 5
|
1
|
1,069.12
|
1,111.88
|
1,156.36
|
|
|
2
|
1,173.42
|
1,220.36
|
1,269.17
|
|
|
3
|
1,264.69
|
1,315.28
|
1,367.89
|
|
|
4
|
1,391.16
|
1,446.80
|
1,504.67
|
|
|
5
|
1,530.27
|
1,591.48
|
1,655.14
|
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 20 (a) 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
|
Per Hour
|
Per Hour
|
Per Hour
|
|
|
|
13 September 2008
|
13 September 2009
|
13 September 2010
|
|
|
|
|
+4%
|
+4%
|
|
Level 1
|
1
|
20.16
|
20.97
|
21.81
|
|
Level 2
|
1
|
20.97
|
21.81
|
22.68
|
|
|
2
|
21.23
|
22.08
|
22.96
|
|
|
3
|
22.04
|
22.92
|
23.84
|
|
Level 3
|
1
|
22.56
|
23.46
|
24.40
|
|
|
2
|
23.16
|
24.09
|
25.05
|
|
|
3
|
24.23
|
25.20
|
26.21
|
|
Level 4
|
1
|
24.62
|
25.60
|
26.63
|
|
|
2
|
25.52
|
26.54
|
27.60
|
|
|
3
|
26.59
|
27.65
|
28.76
|
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. As described in clause 7 (b) herein, 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 20 (a) 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
7, 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
|
$ per Annum
|
$ per Annum
|
$ per Annum
|
|
|
|
13 September 2008
|
13 September 2009
|
13 September 2010
|
|
|
|
|
+4%
|
+4%
|
|
|
|
$
|
$
|
$
|
|
Level 1
|
1
|
-
|
|
|
|
Level 2
|
1
|
41,860.79
|
43,535.22
|
45,276.63
|
|
|
2
|
42,374.42
|
44,069.40
|
45,832.17
|
|
|
3
|
44,000.91
|
45,760.95
|
47,591.38
|
|
Level 3
|
1
|
45,028.17
|
46,829.30
|
48,702.47
|
|
|
2
|
46,226.64
|
48,075.71
|
49,998.73
|
|
|
3
|
48,366.76
|
50,301.43
|
52,313.49
|
|
Level 4
|
1
|
49,137.21
|
51,102.70
|
53,146.81
|
|
|
2
|
50,934.91
|
52,972.31
|
55,091.20
|
|
|
3
|
53,075.03
|
55,198.03
|
57,405.95
|
|
Level 5
|
1
|
70,196.01
|
73,003.85
|
75,924.00
|
|
|
2
|
77,044.40
|
80,126.18
|
83,331.22
|
|
|
3
|
83,036.74
|
86,358.21
|
89,812.54
|
TABLE 2
Management Staff
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
|
13 September 2009
|
13 September 2010
|
|
3
|
Maximum
|
147,800
|
153,712
|
|
|
Minimum
|
120,000
|
124,800
|
|
2
|
Maximum
|
113,500
|
118,040
|
|
|
Minimum
|
100,000
|
104,000
|
|
1
|
Maximum
|
96,600
|
100,464
|
|
|
Minimum
|
90,000
|
93,600
|
TABLE 3
Other Rates and
Allowances
Increases are effective from the beginning of the first pay
period to commence on or after the dates in the column headings
|
|
|
13 September 2008
|
13 September 2009
|
13 September 2010
|
|
|
|
|
+4%
|
+4%
|
|
|
ALLOWANCE
|
Amount $
|
For casuals
|
Amount $
|
For casuals
|
Amount $
|
For
|
|
|
|
|
|
|
|
|
casuals
|
|
1
|
Laundry
|
12.86
|
1.18
|
13.37
|
1.23
|
13.91
|
1.28
|
|
|
Allowance
|
per week
|
per shift
|
per week
|
per shift
|
per week
|
per shift
|
|
|
|
|
|
|
|
|
|
|
2
|
Meal Allowance
|
9.36
|
-
|
9.73
|
-
|
10.12
|
-
|
|
3
|
First-aid
|
2.41
|
-
|
2.51
|
-
|
2.61
|
-
|
|
|
Allowance
|
per shift
|
|
per shift
|
|
per shift
|
|
|
4
|
Offensive Matter
|
3.00
|
3.00
|
3.12
|
3.12
|
3.25
|
3.25
|
|
|
Cleaning
|
per day
|
per shift
|
per day
|
per shift
|
per day
|
per shift
|
|
|
Allowance
|
|
|
|
|
|
|
|
5
|
Leading Hand
|
|
|
|
|
|
|
|
|
Allowance
|
|
|
|
|
|
|
|
|
In charge of:
|
|
|
|
|
|
|
|
|
3 to 10 employees
|
30.40
|
1.00
|
31.62
|
1.04
|
32.89
|
1.08
|
|
|
|
per week
|
per hour
|
per week
|
per hour
|
per week
|
per hour
|
|
|
|
|
|
|
|
|
|
|
|
11 to 20
|
38.00
|
1.25
|
39.52
|
1.30
|
41.10
|
1.35
|
|
|
employees
|
per week
|
per hour
|
per week
|
per hour
|
per week
|
per hour
|
|
|
|
|
|
|
|
|
|
|
|
More than 20
|
45.60
|
1.50
|
47.42
|
1.56
|
49.32
|
1.62
|
|
|
employees
|
per week
|
per hour
|
per week
|
per hour
|
per week
|
per hour
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
TABLE 4
Trainee Rates
Trainee weekly rate of pay* for a week not exceeding 38
ordinary hours
|
Highest Year of Schooling Completed
|
|
|
Year 10
|
Year 11
|
Year 12
|
|
|
per week
|
per week
|
per week
|
|
|
$
|
$
|
$
|
|
School Leaver
|
246.00
|
271.00
|
326.00
|
|
Plus 1 year out of school
|
271.00
|
326.00
|
379.00
|
|
Plus 2 years
|
326.00
|
379.00
|
441.00
|
|
Plus 3 years
|
379.00
|
441.00
|
504.00
|
|
Plus 4 years
|
441.00
|
504.00
|
504.00
|
|
Plus 5 years
|
504.00
|
504.00
|
504.00
|
* Above rates are from the Training Wage (State) Award
(1614) Industry Skill Level A - State Wage Case 2008, effective from the first
full pay period commencing after 4 October 2008. Rates will be adjusted in line
with future Training Wage (State) Award increases.
J.
P. GRAYSON D.P.
____________________
Printed by
the authority of the Industrial Registrar.