SYDNEY AQUARIUM STAFF (STATE) AWARD 1998
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notification of Award Review pursuant
to Section 19 of the Industrial Relations
Act 1996.
(No. IRC 6084 of 1999)
Before The Honourable Justice Marks
|
9 March 2001
|
REVIEWED AWARD
1. TITLE
This Award shall be known as the Sydney Aquarium Staff
(State) Award 1998.
2. ARRANGEMENT
PART A
CONDITIONS
Clause Title Clause
number
Annual Leave and Annual Leave Loading 16
Annualised Salary 36
Anti Discrimination 39
Arrangement 2
Averaged Payments for Shift, Saturday,
Sunday and Public Holiday and Night Work 18
Classifications and Rates of Pay 8
Compassionate Leave 22
Date and Period of Operation 4
Definitions 6
Equipment and Uniforms 9
Excess Hours Worked 14
Excess Travel 10
Existing Rates of Pay 35
First Aid 30
Full-time, Part-time, Fixed Term and
Casual Employees 12
General Conditions 31
Grievance and Dispute Settlement Procedure 37
Higher Duties 28
Hours of Work 13
Jury Service 23
Living Away from Home Allowance 11
Long Service Leave 24
Meal Breaks 29
Miscellaneous Statutory Provisions 32
No Extra Claims 7
Payment of Wages 27
Personal/Carer’s Leave 20
Public Holidays 17
Redundancy 33
Relationship to Parent Award 5
Scope and Application 3
Sick Leave 19
State Wage Case Adjustment 38
Study and Training Leave Provisions 25
Superannuation 26
Time off in Lieu of Payment for Overtime 15
Title 1
Training Wage 34
Unpaid Leave for Family Purpose 21
PART B
MONETARY RATES AND ALLOWANCES
SCHEDULE A - LONG SERVICE LEAVE SCALE
3. Scope And Application
This Award shall apply to all directly employed employees
engaged in the classifications detailed in Clause 8, Classifications and Rates
of Pay, by the company at its operations at Sydney Aquarium, Aquarium Pier
Darling Harbour or the Manly Oceanarium at West Esplanade, Manly and shall be
binding upon Sydney Aquarium Ltd (the employer), The Australian Workers' Union,
New South Wales, its officers and members and employees of the employer,
whether they are members of the union or not.
This Award shall not apply to cleaners employed under the
Cleaning and Building Services Contractors (State) Award, as varied from time
to time, or Security Officers employed under the Security Industry (State)
Award, as varied from time to time, within the jurisdiction of the Security and
Cleaning, &c., (State) Industrial Committee.
4. Date And Period Of Operation
This Award shall operate from the first full pay period to
commence on or after 1 January 1998 and shall remain in force for a period of
18 months.
This award has been the subject of a review under Section 19
of the Industrial Relations Act 1996
and remains in force until varied or rescinded, the period for which it was
made being already expired. The changes made to the award pursuant to section
19 of the Industrial Relations Act
1996 are effective on and from 9 March 2001.
5. Effect Of The
Award
The purpose of this Enterprise Award is to totally regulate
the terms and conditions of employment of staff employed by Sydney Aquarium
Ltd. who would otherwise be covered by the Theatrical Employees Recreation and
Leisure Industry (State) Award and Restaurant Employees, &c., (State)
Award.
6. Definitions
“Union” shall mean the Australian Workers' Union, New South
Wales.
“Employer” shall mean Sydney Aquarium Ltd.
“Usual workplace/employer's place of business” shall be
Aquarium Pier Darling Harbour or Manly Oceanarium at West Esplanade, Manly as
the case may be.
“Day Shift” means a shift commencing at approximately 8.00
am and finishing at approximately 4.00 pm.
“Afternoon Shift” means a shift commencing at approximately
2.00 pm and finishing at approximately 10.00 pm
“Night Shift” means a shift commencing at approximately
10.00 pm and ceasing at approximately 6.00 am.
"Non‑Security Capacity" refers to employees:
whose duties are not principally concerned with the
safeguarding of life and property; and/or
who are not required to possess a Security Licence under the
Security (Protection) Industry Act 1985; and
who are not employed by a contractor.
7. 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, such
undertaking excludes State Wage Case decision applications, for the duration of
the award.
8. Classifications
And Rates Of Pay
8.1 Rates of
Pay - The rates paid to an employee in
the classifications set out hereunder, shall be as set out in Part B, Monetary
Rates and Allowances, of this award.
8.2 Junior Rates -
the rates of pay for junior employees are as follows, except that no cleaner
will be paid these junior rates.
Percentage of appropriate adult rate
At sixteen years and under 55
At seventeen years 65
At eighteen years 75
At nineteen years 85
At twenty years 100
8.3 Aquarists
Aquarist Grade 5
Is an employee without prior experience in the operation and
maintenance of a public aquarium; however, may possess some relevant experience
or qualifications in a related field, e.g. in animal husbandry, zoo keepers
certificate, open water diving certificate.
Aquarist Grade 4
Shall be an employee who possesses qualifications or
experience in the workforce deemed relevant by the employer, e.g. animal
husbandry and diving fields, and is required to operate on such skills.
Aquarist Grade 3
Shall be an employee with the skills and experience of a
Grade 4, however has demonstrated a high level of skill and responsibility in
more than one major area of the Aquarium’s operation and works without direct
supervision.
Aquarist Grade 2
Shall be an employee with the skills and experience of a
Grade 3 operative and, in addition must possess supervisory and co-ordination
skills and is required to operate on such skills.
Aquarist Grade 1
Shall be an employee with the skills and experience of a
Grade 2 operative, who shall be responsible for management of major operations,
projects and/or the training and development of staff up to the level of Grade
2 and shall report directly to the curator.
8.4 Recreation and
Leisure Staff
Grade 5
Means an employee with no qualifications who performs duties
of a routine nature, requiring the use of minimal judgement and supervision.
1. Ability to
communicate with public in a courteous and tactful manner Exercise basic
keyboard skills.
2. Indicative of
some of the tasks which an employee at this grade may perform are:
General Attendant which includes basic clerical, office
assistance, kiosk duties which involve minimal customer turnover and cash
handling, taking of bookings and tickets, supervising the public at the touch
pool, hiring of equipment and assists generally in the day‑to‑day
activities of the operation.
Maintenance of simple records
Directly employed Car Park Attendant, Cloak Room Attendant
or Door Attendant who is engaged in a non‑security capacity as defined in
Clause 6, Definitions.
Labouring (including preparing food for animal/fish and
peripheral cleaning of their accommodation).
Receiving, despatching, distributing, sorting, checking,
documenting, ordering and recording of goods or materials and engaged in a non‑security
capacity as defined in Clause 6 - Definitions. Duties peripheral and ancillary
to the above as required.
Progression to Grade 4 will be dependent upon successful
application and availability of position.
Grade 4
Means as employee undertaking structured training recognised
by the industry as relevant and appropriate to perform work within the scope of
this level.
1. Assists with
the provision of on‑the job training to a limited degree.
2. Conducts
individual or group activities/programs/sessions/tours under supervision, only
after commencing a recognised course or undergoing accredited training.
3. Exercises
intermediate keyboard skills with instructions.
4. Works from
instructions or procedures.
5. Has an
understanding of general office procedures.
6. General
supervision and assistance to Grade 5 employees.
7. Capable of
and may perform duties of Level 5.
Indicative of some of the tasks which an employee at this
grade may perform:
Programme/ticket selling and giving change.
Switchboard Operator
Attending to equipment and displays.
Working as a costumed attendant.
Animal attending and assisting in their training
Tour guide (under supervision).
Kiosk Attendant
Progression to Grade 3 will be dependent upon successful
application and availability of position.
Grade 3
Means an employee who has completed structured training
(which may include formal Life Saving, Rescue and Resuscitation Training)
recognised by the industry as relevant and appropriate to perform within the
scope of this level.
Assists in the provision of on‑the job training where
applicable.
Exercises discretion within one's own level of skill and
training.
Takes responsibility for the quality of one's own work
(subject to routine supervision).
Conducts group activities/programs/sessions/tours
independently.
Exercises good keyboard skills and knowledge of office
procedures equipment/systems.
Capable of and may perform the duties of Grade 4 and 5.
Indicative of some of the tasks which an employee at this
level may perform:
Information Officer
Public Address Announcer
Tour Guide
Progression to Grade 2 will be dependent upon successful
application and availability of position.
Grade 2
Means an employee who is qualified in a trade or who
possesses a professional qualification recognised by the industry as relevant
and appropriate to the work performed, and who is competent to perform work
within the scope of this level.
Assists in the provision of on‑the job training
Exercises discretion within the scope of this level.
Takes responsibility for ensuring the quality of their own
work.
Capable of and may perform the duties of Grades 3, 4 and 5.
Grade 1
Means an employee, who is engaged in supervising, training
and co‑ordinating staff and who is responsible for the maintenance of
service and operational standards;
An employee at this level would have worked or studied in a
relevant field and/or have specialist knowledge, qualifications and experience.
or
Is the holder of formal trade or technical qualifications
relevant to the employer in more than one trade or technical fields, which are
required by the employer to perform the job.
or
Will have achieved a level of organisation or industry
specific knowledge sufficient for them to give advice and/or guidance to their
organisation and/or clients in relation to specific areas of their
responsibility.
8.5 Cleaner
Is a directly employed employee with relevant experience in
industrial cleaning, required to competently use a broad range of mechanical
and chemical cleaning agents. Works under limited supervision and is
responsible for the quality of their own work.
8.6 Cafe Staff
Grade 5
Shall be an employee who requires supervision to perform
basic tasks such as food preparation, cleaning or customer service.
Grade 4
Shall be an employee who works unsupervised and is competent
in food preparation, cleaning and customer service.
Grade 3
Shall be an employee with skills and experience of Grade 4
and is regularly required to assist on a one-on-one basis in the training of
employees of a lower grade.
Grade 2
Shall be an employee with the skills and experience of Grade
3. In addition, must possess supervisory skills and is required regularly to
operate on such skills.
Grade 1
Shall be an employee with the skills and experience of Grade
2 and shall be responsible for the maintenance of service and operational
standards and systems.
NOTE: The
definitions contained in 8.3, 8.4. 8.5 and 8.6 shall have no application to a
person employed in a managerial capacity that is a person who is employed
primarily to control the conduct of the employer's business either in whole or
in part and who in the performance of his/her duties regularly makes decisions
and accepts responsibility on matters relating to the administration and
conduct of the business
9. Equipment And
Uniforms
The employer shall provide free of charge to the employee
all uniform and equipment prerequisites for the job including cleaning agents
where appropriate. An allowance of
$4.90 per week ($1.00 per shift for casual employees) will be paid to full time
and part time employees to maintain their uniform.
10. Excess Travel
The following provisions shall apply to any employee who is
required by the company to attend for duty at a place in excess of a 48
kilometre radius of the employer's business.
10.1 The additional
travelling time involved (over and above the usual travelling time between the
employee's place of residence and his or her normal place of employment) shall
count as time worked.
10.2 The employee
shall be refunded by the employer the excess fares involved. If the employee uses his or her own car, an
allowance per kilometre as calculated from time to time by the relevant
motoring authority for the additional distance travelled (over and above the
usual distance travelled between the employee's place of residence and his or
her normal place of employment) shall be paid.
11. Living Away From
Home Allowance
When the company requires an employee to travel away from
the employee's usual place of residence the provisions of this clause shall
apply.
11.1 The company
shall provide the employee with satisfactory accommodation. Wherever possible,
such accommodation shall be single room accommodation.
11.2 The company
shall pay to the employee $30.90 per day in lieu of additional meals and
incidental expenses incurred by the employee, provided that such payment may be
reduced to $8.25 per day where the company provides the employee with breakfast
and dinner except in circumstances where the company pays all costs associated
with board and accommodation in which case the company shall not be required to
make any payment.
12. Full-Time,
Part-Time, Fixed Term And Casual Employees
12.1 An employee
shall be engaged as either a full-time, part-time, fixed term or casual
employee.
12.2 A full-time
employee is an employee who is engaged and paid as such to work an average 38
hours per week, over a 28 day period.
12.3 A part‑time
employee is one engaged and paid as such to work less than an average of thirty‑eight
hours per week over any 28 day period and who is not engaged and paid as a
casual.
12.4 A part‑time
employee shall be engaged in writing. Such written engagement shall include the
average number of hours per week that shall be worked in a 28 day period.
12.5 A part‑time
employee (except for cleaners) shall be paid an hourly rate equivalent to the
weekly rate divided by thirty‑eight with a minimum engagement of three
consecutive hours.
12.6 Part‑time
employees shall receive the same benefits as apply to full‑time employees
under this award but on a pro rata basis.
12.7 A part‑time
employee can be required to work more than one engagement on any day. Provided
that such engagements shall be three hours in duration and there shall be not
more than three such engagements per day.
12.8 A fixed term
employee is an employee who is employed on a full-time basis for a fixed
period. An employee who is engaged on
this basis shall be notified in writing of the dates on which their engagement
will commence and cease. The commencing
and ceasing dates may be varied by agreement.
12.9 A casual
employee is an employee engaged and paid as such. There shall be no restriction
on the number of ordinary hours a casual shall be engaged other than in
subclause 12.10.
12.10 A casual
employee shall receive a minimum payment of 3 hours for each engagement, to be
worked consecutively.
12.11 Casual rosters
may be changed by management provided that shifts are not shortened to less
than the minimum's referred to above.
12.12 The employment
of employees (excluding casuals) may be terminated by one week's notice on
either side which may be given at any time or by the payment by the employer or
forfeiture by the employee of a week's pay in lieu of notice. This shall not
affect the right of the employer to dismiss an employee without notice in the
case of an employee guilty on malingering, inefficiency, neglect of duty or
misconduct.
12.13 Probationary
Employment Provision
Notwithstanding anything elsewhere contained in this clause,
the first three (3) months of employment will be on a trial basis and may be
terminated by two days' notice by either side.
Provided that if the requisite notice is not given during this period
the payment or forfeiture of two days' wages will be applied.
12.14 Full time, part
time and casual employees may be separately engaged as casual employees for
duties in a separate section of the Aquarium from that in which the employee
engages in their employment. Such
employees shall be paid the appropriate rate of pay for a casual employee
engaged in that section of the Aquarium.
For the purposes of this subclause a "section of the Aquarium"
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 ordinarily be performed.
13. Hours Of Work
13.1 The ordinary
hours of work, for full time and part time employees, exclusive of meal times
shall not exceed an average of 38 hours per week, over 28 calendar days.
The ordinary hours of work may be extended to a maximum of
12 hours per day provided that management gives the employee involved seven
clear days notice of the extension of ordinary hours or upon agreement between
the management and employee.
The ordinary hours of work may be worked between midnight to
midnight, Monday to Sunday.
Provided that the maximum ordinary hours worked over 7 days
shall be 48 or 56 in the case of Cleaners and Aquarists.
13.2 The employer
shall arrange the working of the thirty eight hour week in one of the following
ways:
(a) by employees
working less than eight hours per day but not less than 3 hours; or
(b) by working up
to twelve hours on one or more days in the week.
13.3 Except as
otherwise provided, full time and part time employees shall have an average of
two days off in each week of employment in a 28 day period. Such two days shall
be consecutive if it is reasonably possible to arrange rosters accordingly.
13.4 Notwithstanding
the provision of subclause 13.2 (a) and (b) the employer and employee may agree
to change the rostered time of ordinary hours by one week's notice or the
consent of the employee at any time.
13.5 An employee may
elect, with the consent of the employer, to work "make up time",
under which the employee takes time off 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.
An employee on shift work may elect, with the consent of the
employer, to work "make-up time" (under which the employee takes time
off ordinary hours and works those hours at a later time), at the shift work
rate which would have been applicable to the hours taken off.
14. Excess Hours
Worked
14.1 All time worked
in excess of an average thirty-eight hours over a 28 day period, or in excess
of twelve (12) hours in one day or in excess of forty eight (48) (or 56 in the
case of Cleaners and Aquarists) in 7 days shall be paid as overtime or given as
time off in lieu.
14.2 All excess
hours must be authorised by the appropriate supervisor in each section, prior
to any overtime being worked.
14.3 Overtime shall
be paid at the rate of time and one half for the first two hours and double
time thereafter. Each day of overtime
shall stand alone.
14.4 An employee
(other than a casual employee) who works so many excess hours between the
termination of work one day and the commencement of ordinary work on the next
day, that the employee has not had at least ten (10) consecutive hours off duty
between those times, shall be released after the completion of such overtime
until ten (10) consecutive hours has been allowed without loss of pay for
ordinary working time occurring during such absence.
14.5 For the
purpose of this clause "excess hours" means "overtime".
15. Time Off In Lieu
Of Payment For Overtime
15.1 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 12 months of
the said election.
15.2 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.
15.3 If, having
elected to take time as leave in accordance with subclause 15.1, the leave is
not taken for whatever reason payment for time accrued at overtime rates shall
be made at the expiry of the 12 month period or on termination.
15.4 Where no
election is made in accordance with the said subclause 15.1, the employee shall
be paid overtime rates in accordance with the award.
15.5 The maximum
number of hours to be accrued at any time shall be 38.
16. Annual Leave And
Annual Leave Loading
Subject to the provisions of the Annual Holidays Act 1944 the following arrangement shall apply:
16.1 A period of
four weeks leave of absence on full pay shall be allowed by the employer to
each employee, other than casual employees, exclusive of public holidays, once
after each completed year of service (less the period of annual leave) in
respect of annual leave taken on or after 1 January 1998.
16.2 In addition to
the leave provided by subclause 16.1 of this clause, Aquarists shall be allowed
one weeks leave.
16.3 Provided that
where an employee (other than Aquarists and Cleaners) works six hours or more
on Saturdays and/or Sundays as part of their ordinary hours of work, they shall
be allowed additional leave in the following proportions:
Number of days worked Additional
leave
Not less than 6 days or more than 8 days 1 working day
Not less than 9 days or more than 11 days 2 working days
Not less than 12 days or more than 14 days 3 working days
Not less than 15 days or more than 17 days 4 working days
18 days or more 5
working days
16.4 Employees shall
be given at least one month's notice of the date of the commencement of their
leave unless otherwise mutually arranged between the employer and employee.
16.5 An employee
once sent on leave shall not be recalled for duty without his consent. If they
should be so recalled all leave granted shall be forfeited to the employee.
16.6 If the employer
finds it necessary to cancel or alter the date of recreation leave for any
employee, the time of which has been notified to an employee, and such employee
can show that, through such cancellation or alteration, they have actually lost
payments reasonably made by them and in respect of which he has retained no
benefit, the employer shall reimburse him for such loss.
16.7 An employee can
take annual leave which has not yet accrued in advance if the employer agrees
to this.
Where the employment of an employee ends, the employee must
pay the employer an amount equal to any leave taken in advance but not
earned. The employer can deduct the
excess payment from any remuneration payable to the employee upon termination.
16.8 Each employee
before going on any period of annual leave shall for each week of such leave be
paid an "annual leave loading" at the rate of 17 1/2% of the ordinary
weekly rate of pay prescribed herein for such employee.
16.9 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.
16.10 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
17. Public Holidays
17.1 Employees,
other than casual employees shall be entitled to the following public holidays
without loss of pay: New Year's Day, Australia Day, Labour Day, Good Friday,
Easter Saturday, Easter Monday, Anzac Day, Birthday of the Sovereign, Christmas
Day, Boxing Day, and any other day or days gazetted as public holidays shall be
public holidays for the purposes of this clause.
Provided that the abovementioned holidays may be substituted
for another day off, by agreement between the employer and the employee(s), to
be taken within one month of the said holiday or adjacent to a period of annual
leave. Where such day is substituted, the Public Holiday will be worked as a
normal day and paid at ordinary time rates of pay.
17.2 Where an
employee is absent from employment on the working day (or part thereof) before,
or the working day (or part thereof) after a public holiday (or group of public
holidays) without reasonable cause, onus of proof of which will lie with the
employee, the employee shall not be entitled to payment for the holiday(s)
succeeding or preceding the absence.
17.3 For all work
performed on a public holiday an employee, other than a casual employee, shall
be paid at double time and a half.
18. Averaged Payments
For Shift, Saturday, Sunday And Public Holiday And Night Work
18.1 Casual
employees (except cleaners) shall receive an hourly rate determined by dividing
the appropriate ordinary full-time rate by 38, with a loading of 30%, as
compensation for all incidents of paid leave (including the 1/12th component
payable under the Annual Holidays Act
1944) normally provided by this award to a full time or part-time employee,
plus a component for averaged penalties relating to shift, Saturday, Sunday,
Public Holiday and Night Work.
18.2 The rates of
pay for full time employees are set out in Part B - Monetary Rates. Except for
cleaners, these rates include a component for average penalties relating to
shift, Saturday, Sunday and Night Work.
Work on Public Holidays shall be paid in accordance with
Clause 17 - Public Holidays.
19. Sick Leave
A full time employee with not less than three months'
continuous service with the employer who, by reason of personal ill‑health,
is unable to attend for duty shall be entitled to ordinary rates of pay for the
actual time of such non‑attendance, subject to the following conditions
and limitations:
19.1 The employees
shall not be entitled to paid leave of absence for a period in respect of which
the employee is entitled to compensation under the Workers' Compensation Act 1987 and the Workplace Injury Management and Workers’ Compensation Act 1998.
19.2 The employee
wherever possible shall, prior to the commencement of such absence, inform the
employer of the employee's inability to attend for duty and, as far as
practicable, state the nature of the injury or illness and the estimated
duration of absence.
19.3 The employee
shall provide, to the satisfaction of the employer, by the production of a medical
certificate or such other evidence as may be acceptable to the employer, that
he/she was unable, on account of illness or injury, to attend for duty on the
day or days for which sick leave is claimed.
19.4 An employee
shall be entitled to be paid sick leave according to the following scale:
(a) During the
first year of service ‑38 hours
(b) During the
second year of service - 60.8 hours
Provided that the sick leave entitlement under this clause
may be accumulated, subject to continuous employment, for a maximum of 220.4
hours in addition to the current year's entitlement.
19.5 For absences
adjacent to public holidays, refer to subclause 17.2 of clause 17 Public
Holidays.
20. Personal/Carers
Leave
20.1 Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 19 ‑Sick
Leave, 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.
(b) The employees
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.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care and support of the person concerned; and
(ii) 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),
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 purposes 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.
(d) 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 absence at the first opportunity on the day of absence.
21. Unpaid Leave For
Family Purpose
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 (ii) of paragraph(c) of subclause 20.1 of Clause
20 Personal/Carers Leave.
22. Compassionate
Leave
(i) An employee,
other than a casual employee, shall be entitled to up to two days compassionate
leave without deduction of pay, on each occasion of the death of a person
within Australia as prescribed in subclause (iii) of this clause. Where the
death of a person as prescribed by the said subclause (iii) occurs outside
Australia, the employee shall be entitled to three days compassionate leave
where the employee travels outside Australia to attend the funeral. Provided
that any unpaid leave of absence authorised by the employer, taken in
conjunction with such leave, shall not affect the employee's continuity of
service.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
compassionate leave and will provide to the satisfaction of the employer proof
of death.
(iii) Compassionate
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in subparagraph
(ii) of paragraph (c) of subclause 20.1 of clause 20 - Personal/Carer’s Leave,
provided that, for the purpose of compassionate leave, the employee need not
have been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to compassionate leave under this clause during any
period in respect of which the employee has been granted other leave.
(v) Compassionate
leave may be taken in conjunction with other leave available under clause 20.1
of the said clause 20, clause 21 - Unpaid Leave for Family Purposes, subclause
13.6 of clause 13 – Hours, subclause 16.9 of clause 16 – Annual Leave, and
clause 15, Time Off in Lieu of Payment for Overtime In determining such a
request, the employer will give consideration to the circumstances of the
employee and the reasonable operational requirements of the business.
23. Jury Service
23.1 An employee,
other than a casual employee required to attend for jury service during his/her
ordinary working hours shall be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of their attendance for such
jury service and the amount of wages they would have received in respect of the
ordinary time they would have worked had they not been of jury service.
23.2 An employee
shall notify the employer as soon as possible of the date upon which he/she is
required to attend for jury service. Also, the employee shall give the employer
proof of their attendance, the duration of such attendance and the amount received
in respect of such jury service.
24. Long Service
Leave
24.1 Except for
circumstances outlined in subclause 24.2, the provisions of the Long Service Leave Act 1955, as amended,
shall apply to employees covered by this award.
24.2 Notwithstanding
the provisions of 24.1, an employee who completes ten years of continuous
service shall be entitled to the taking of 13 weeks Long Service Leave, without
loss of pay.
Further, an employee who, subsequent to the coming into
operation of this award shall accrue Long Service Leave based on one additional
week’s pay for each completed year in excess of 10 years completed service,
over and above that prescribed by subclause 24.2.
24.3 The scale of an
employee’s entitlement under this clause shall be that contained in Schedule A.
25. Study And
Training Leave Provisions
Employees are entitled to leave with pay to attend any
approved training course or for the purpose of undertaking studies in relation
to an approved course. The taking of leave is subject to the prior agreement of
management.
26. Superannuation
Superannuation Legislation
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 s.124 of the Industrial
Relations Act 1996 (NSW). This legislation, as varied from time to time,
governs the superannuation rights and obligations of he parties.
27. Payment Of Wages
27.1 On a fixed day
each week or fortnight wages shall be paid by:
(a) cheque; or
(b) electronic
funds transfer (E.F.T.)
at the election of the employer.
27.2 Written details
of all payments and deductions from wages shall be supplied to employees.
28. Higher Duties
An employee transferred to work in a classification that
provides for a rate of pay higher than the employee's own ordinary rate shall
be paid at such higher rate during the period of transfer, such payment to
continue for a minimum period of one hour.
29. Meal Breaks
29.1 An employee who
is engaged to work in excess of 5 hours shall be given an unpaid meal break of
between twenty minutes and thirty minutes. This meal break shall be given after
working not more than 5 hours. An employee shall be given a second unpaid meal break
of between twenty and thirty minutes after the completion of a further 5
hours.
29.2 Notwithstanding
subclause 29.1 above, the employer and employee may mutually agree to change
the time of the meal break.
30. First Aid
30.1 An employee
appointed by the employer to perform first‑aid duties and who holds a
first‑aid certificate shall be paid an additional amount per week as set
out in Part B, Monetary Rates and Allowances or a pro-rata amount per
engagement for part-time and casual employees.
This allowance shall not be regarded for calculating other
payments arising from this award.
30.2 First‑aid
Kits ‑See Occupational Health and
Safety Act 1983 (First‑aid Regulation).
31. General
Conditions
31.1 A sufficient
supply of boiling or purified water shall be provided at meal hours for all
employees.
31.2 A lunch room,
which may be an area separated by a partition (mobile or otherwise) from the
public and is separated from any dressing room, shall be provided by the
employer.
31.3 A lockable
cabinet, cupboard, drawer or locker where employee's valuables may be stored
shall be provided by the employer.
31.4 Access to
suitable lavatory facilities in close proximity shall be provided by the
employer.
31.5 If necessary,
an employee working outdoors shall be supplied with wet weather gear, footwear
and adequate reflective clothing.
32. Miscellaneous
Statutory Provisions
32.1 Parental Leave
- See Industrial Relations Act 1996
(Chapter 2, Part 4, Division 1)
Particulars of wages to be supplied to employee - See Industrial Relations Act 1996 (Section
123)
32.3 Time and pay
sheets to be kept - See Industrial
Relations Act 1996 (Section 129)
33. Redundancy
Where appropriate, the provisions of the New South Wales
Theatrical Employee Redundancy (State) Award shall apply to employees covered
by this award.
34. Training Wage
Where appropriate, the provisions of the Theatrical
Employees (Training Wage) (State) Award shall apply to employees covered by
this award.
35. Existing Rates Of
Pay
An employee who, on the date of coming into force of this
award, is receiving a higher rate of pay than the minimum fixed by this Award
shall not have such rate of pay reduced as a consequence of the coming into
operation of this Award.
36. Annualised Salary
Except as to the provisions of subclause 17.1, of Clause 17 ‑Public
Holidays, Clause 19‑Sick Leave, Clause 20 ‑Personal/Carers Leave,
Clause 16 ‑Annual Leave and Annual Leave Loading, Clause 22 ‑Compassionate
Leave, Clause 23 ‑Jury Service, Clause 24 - Long Service Leave, Clause 32
‑Miscellaneous Statutory Provisions and Clause 26 ‑Superannuation,
this award shall not apply to full time or part time employees who are in
receipt of a weekly wage in excess of the rate prescribed for an Aquarist Grade
1.
This provision shall not be taken to affect any right to
make other salary arrangements.
37. Grievance And
Dispute Settlement Procedure
Subject to the Industrial
Relations Act 1996 (NSW) grievances or disputes shall be dealt with in the
following manner.
37.1 The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, requesting a meeting with the employer for bilateral
discussions and state the remedy sought.
This meeting shall take place within two working days of the issue
arising (weekends and holidays excepted).
37.2 If agreement is
not reached, the matter shall then be referred by to a higher authority (where
this exists) not later than three working days (a) above (weekends and holidays
excepted). 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 (in writing or otherwise) for not
implementing any proposed remedy.
37.3 If the matter
is still not settled within a reasonable period of time, it may be
referred/notified to the Industrial Relations Commission for settlement by
either party.
37.4 Whilst a
procedure is being followed, normal work must continue.
37.5 The employer
may be represented by an industrial organisation of employers and the
employee(s) may be represented by the Union for the purposes of each step of
the procedure.
38. State Wage Case Adjustment
The rates of pay in this award include the adjustments
payable under the State Wage Case of 2000. These adjustments may be offset
against:
(A) any equivalent
overaward payments; and/or
(B) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
39. Anti-Discrimination
(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
and age.
(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.
(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.
(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.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
“Nothing in the Act affects ... any other act or practice of
a body established to propagate religion that conforms to the doctrines of that
religion or is necessary to avoid injury to the religious susceptibilities of
the adherents of that religion.”
PART B
MONETARY RATES AND ALLOWANCES
1. Aquarists —
The following weekly rates of pay shall be the minimum rates of pay for a
38-hour week for Aquarists as defined in clause 8, Classifications and Rates of
Pay:
Classification Weekly
Rate
Aquarist Grade 5 410.60
Aquarist Grade 4 469.20*
Aquarist Grade 3 527.75*
Aquarist Grade 2 584.30*
Aquarist Grade 1 678.27*
2. Recreation
and Leisure Staff - The following weekly rates of pay shall be the minimum rate
of pay for a 38-hour week for recreation and leisure staff as defined in the
said clause 8:
Classification Weekly
Rate
Grade 5 400.40
Grade 4 417.10
Grade 3 439.60
Grade 2 492.20
Grade 1 555.40
3. Cleaning
Staff - The following rates of pay shall be the minimum hourly rate of pay for
cleaners as defined in clause 8. These
rates include a component to compensate employees for cleaning toilets. The rates for casual employees are also
inclusive of a casual loading and the 1/12 component payable under the Annual Holidays Act 1944.
Classification
|
Hourly
Rate
|
Cleaner (shift)
|
|
|
Weekday
|
Saturday
|
Sunday
|
Public
Holiday
|
|
$
|
$
|
$
|
$
|
Day Shift
|
|
16.66
|
22.22
|
27.78
|
Afternoon Shift
|
12.77
|
16.66
|
22.22
|
27.78
|
Night Shift
|
14.44
|
16.66
|
22.22
|
27.78
|
Day Shift
|
|
20.66
|
27.55
|
31.95
|
Afternoon Shift
|
15.84
|
20.66
|
27.55
|
31.95
|
Night Shift
|
17.90
|
20.66
|
27.55
|
31.95
|
Leading Hand Allowance - A cleaner placed in charge of other
cleaners shall be paid the following rates in addition to the relevant hourly
rate of pay set out above:
Per Week
(38 Hours) Per Hour
$ $
1-5 Employees 19.20 0.51
6-10 Employees 21.80 0.57
4. Café Staff -
The following weekly rates of pay shall be the minimum rate of pay for a
38-hour week for café staff as defined in clause 8:
Classification Weekly
Rate
$
Grade 5 407.30
Grade 4 424.30
Grade 3 449.90
Grade 2 468.60
Grade 1 541.60
5. First-aid
Allowance - $9.73 per week.
N.B. - The weekly
rates contained herein have a $10.00 per week component to fully compensate
employees in regard to all aspects of air-assisted diving associated with these
functions.
LONG SERVICE LEAVE CALCULATOR
WHERE QUALIFYING SERVICE COMMENCED BEFORE 1st APRIL 1963
SCHEDULE A
To find the period of leave, proceed as follows:
1. Ascertain the
total period of qualifying service.
2. Calculate the
length of service in years and months as at 1st April 1963. Apply this figure to Table 1, establishing a
part entitlement to leave as at 1st April 1963, in weeks.
3. Apply the
residual length of service in years and months after 1st April 1963 to Table 2A
to obtain a further entitlement in weeks.
4. The total
entitlement to long service leave, in weeks, is obtained by adding the two
amounts obtained from Tables 1 and 2A.
* Payment due
after 5 years’ service as an adult when employment terminated by employer for
reasons other than serious and wilful misconduct or by the employee in special
circumstances.
** After 15 years,
only completed years count and the qualifying service ends at the end of the
last completed year.