Sydney
Cricket and Sports Ground Trust Security Enterprise Award 2012
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Federation of Employers and Industries, Industrial Organisation of Employers
and State Peak Council.
(No. IRC 866 of 2012)
Before Commissioner
Bishop
|
22 August 2012
|
ENTERPRISE AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title of
Enterprise Award
3. Parties to
this Enterprise Award
4. Definitions
5. Intention
6. Date and
Period of Operation
7. Relationship
to Parent Award
8. Duress
9. Ordinary
Hours
10. Rates of
Pay and Employee Related Cost Savings
11. Shift
Arrangements
12. Event Days
and Functions
13. Annual
Leave
14. Sick Leave
15. Personal/Carer’s
Leave
15A. Parental
Leave
16. Bereavement
Leave
17. Jury
Service
18. Army
Reserve Leave
19. Public
Holidays
20. No Extra
Claims
21. Grievance
and Dispute Resolution Procedure
22. Area,
Incidence and Duration
23. Anti-Discrimination
24. Secure
Employment Provisions
25. First Aid
Certificates
26. Security
Licence
27. Uniforms
PART B
MONETARY RATES
Table 1
2. Title of
Enterprise Award
This enterprise award shall be known as the Sydney Cricket
and Sports Ground Trust Security Enterprise Award 2012.
3. Parties to This
Enterprise Award
3.1 The parties to
this enterprise award are:
3.1.1 the Sydney
Cricket and Sports Ground Trust;
3.1.2 the Security
Staff of the employer; and
3.1.3 the United Voice
- NSW Branch
4. Definitions
For the purpose of this Enterprise Award the following
definitions shall apply:
4.1 "Enterprise
Award" shall mean the Sydney Cricket & Sports Ground Trust Security
Enterprise Award 2012.
4.2 "Employee"
or "Employees" shall mean the Security Staff employed by the
Employer.
4.3 "Casual
Employee" shall mean an employee engaged and paid as such but shall not
include an employee working an average of thirty‑eight ordinary hours per
week.
4.4 "Employer"
shall mean the Sydney Cricket & Sports Ground Trust.
4.5 "Parent
Award" shall mean the Security Industry (State) Award.
4.6 "Security
Officer Grade C" means a person employed in one or more of the following
capacities:
(a) to watch, guard
and/or protect premises and/or property;
(b) to respond to
basic fire/security alarms;
(c) as an employee
stationed at an entrance and/or exit whose principal duties shall include the
control and movement of persons, vehicles, goods and/or property coming out of
or going into premises or property, including vehicles carrying goods of any
description to ensure that the quantity and description of such goods is in
accordance with the requirements of the relevant documents and/or gate pass and
who also may have other duties to perform and shall include an area or door
attendant or commissionaire in a commercial building;
(d) lock up gates,
stands, buildings and patrol venues on foot or in vehicle;
provided that Security Officer Grade C such as hand
held scanners or simple closed circuit television systems and may be required
to utilise basic keyboard skills in the performance of their duties and may
perform incidental duties which need not be of a security nature.
4.7 "Security
Officer Grade B" shall mean a person employed in one or more of the
following capacities in addition to the duties outlined in Security Officer
Grade C:
(a) use and control
of a closed circuit television system;
(b) performs the
duties of securing, watching, guarding and/or protecting as directed, including
responses to alarm signals;
(c) monitors and
acts upon intelligent building management systems;
(d) acts as two way
radio operator as required as part of control room duties;
(e) records incidents
utilising the computer and complies other reports as needed;
provided that a Security Officer Grade B may be
required to utilise keyboard skills in the performance of their duties and may
perform incidental duties which need not be of a security nature.
4.8 "Security
Officer Grade A" shall mean a person who, whilst in charge of a shift of
one or more Security Officers carries out co-ordinating duties in addition to
the normal duties of a Security Officer Grade B.
4.9 "The
Act" shall mean the Industrial Relations Act 1996 (NSW).
4.10 "Seven Day
Shift Worker" means an employee who is regularly rostered by their
employer to work ordinary hours on Saturdays and/or Sundays.
5. Intention
5.1 It is intended
that the Enterprise Award will provide a suitable basis for the parties to
implement at the organisation level appropriate arrangements to ensure that
corporate objectives are met.
5.2 The Enterprise
Award will help to facilitate the processes necessary to enhance the
productivity of the organisation and provide a better return to the
organisation, the staff and the community.
5.3 The Enterprise
Award will provide employees with the ability to work a rotating roster which
provides for the equalisation of wages across the employees and better coverage
of shifts.
5.4 The Enterprise
Award acknowledges the request by employees that they have the opportunity for
permanent employment, are looking for a single rate to be paid on all hours
worked which will eliminate all penalty rates, shift allowances and span
loadings, overtime penalties, rostered days off for certain employees,
additional rates and allowances payable under the parent award.
5.5 The Enterprise
Award will promote harmonious industrial relations at the Sydney Cricket &
Sports Ground Trust.
6. Date and Period of
Operation
6.1 This enterprise
award shall operate from the beginning of the first full pay period to commence
on or after 20 June 2012 and shall remain in force thereafter for a period of
12 months.
6.2 During the term
of this Enterprise Award the parties agree to confer on other productivity
improvements.
7. Relationship to
Parent Award
7.1 The purpose of
this Enterprise Award is to partially regulate the terms and conditions of employment
of security staff employed at the Sydney Cricket and Sports Ground Trust who
are covered by the Security Industry (State) Award.
7.2 Where there is
an inconsistency between the Enterprise Award and the Parent Award, the terms
of the Enterprise Award will apply.
8. Duress
The parties to this Enterprise Award declare that this
Enterprise Award was not entered into under duress by any party to it.
9. Ordinary Hours
9.1 The ordinary
hours of work for Security Officers covered by this Enterprise Award shall be
an average of 38 per week, excluding any overtime worked. The ordinary hours
shall be worked on any day Monday through Sunday.
9.2 It is agreed
between the parties to this Enterprise Award that the ordinary hours of work
will encompass shifts at both the Sydney Cricket Ground, the Sydney Football
Stadium and other venues as directed.
9.3 The ordinary
hours of work shall be rostered in one of the following ways:
(a) shifts of no
more than 9.5 ordinary hours and no more than 16 ordinary shifts per 28 day
cycle; or
(b) shifts of no
more than 8 ordinary hours in length.
10. Rates of Pay and
Employee Related Cost Savings
10.1 A Security
Officer Grade A shall be paid the rate as set out in Item 1 of Table 1 of Part
B of this award for all work performed during ordinary hours.
10.2 A Security
Officer Grade A shall be paid the rate as set out in Item 2 of Table 1 of Part
B of this award for all work performed in excess of ordinary hours.
10.3 A Security Officer
Grade B shall be paid the rate as set out in Item 3 of Table 1 of Part B of
this award for all work performed during ordinary hours.
10.4 A Security
Officer Grade B shall be paid the rate as set out in Item 4 of Table 1 of Part
B of this award for all work performed in excess of ordinary hours.
10.5 A Security
Officer Grade C shall be paid the rate as set out in Item 5 of Table 1 of Part
B of this award for all worked performed during ordinary hours.
10.6 A Security
Officer Grade C shall be paid the rate as set out in Item 6 of Table 1 of Part
B of this award for any hours in excess of ordinary hours.
10.7 The rates of pay
outlined in 10.1, 10.2, 10.3, 10.4, 10.5 and 10.6 are inclusive of all penalty
rates, shift allowances and span loadings, overtime penalties, rostered days
off where applicable, additional rates and allowances payable under the parent
award.
10.8 A casual Security
Officer Grade B shall be paid the rate as set out in Item 7 of Table 1 of Part
B of this award for all worked performed during ordinary hours
10.9 A casual Security
Officer Grade C shall be paid the rate as set out in Item 8 of Table 1 of Part
B of this award for all worked performed during ordinary hours
10.10 The rates of pay
outlined in 10.8 and 10.9 are inclusive of all penalty rates, shift allowances,
overtime penalties, annual leave, and meal allowances payable under the parent
award.
10.11 A Security
Officer required to work a shift in excess of twelve hours will be provided
with a meal voucher redeemable at the place of employment or where this is not
practical be paid a meal allowance of $15.38.
11. Shift
Arrangements
11.1 All Officers will
be required to perform shifts as outlined in a roster developed by the Trust
which may vary from time to time.
11.2 Except in the
case of emergency or by mutual agreement, the Trust will provide seven days
notice to the Security Officer of a change to their roster.
12. Event Days and
Functions
12.1 Employees covered
by this Enterprise Award will be offered, where available, extra shifts on
event days and functions as a crowd safety officer provided they are not
rostered to work the shifts outlined in Clause 9.
12.2 Where an employee
elects to work a second job as a crowd safety officer in accordance with this
clause he/she shall be paid under the Sydney Cricket and Sports Ground Trust
(Event Day Employees) Award, 2011 or any award or agreement that subsequently
rescinds or replaces the aforementioned award.
12.3 An employee is not
obliged to accept any extra shifts offered by the employer pursuant to this
clause. An employee has an obligation to ensure that any proposed crowd safety
shift does not conflict with their commitments as a full-time Security Officer
under this award.
13. Annual Leave
13.1 An Employee Shall
be Entitled to Four Weeks Annual Leave in Accordance With the Annual
Holidays Act 1944.
13.2 Additional Leave
for Seven-Day Shift Workers
In addition to an annual holiday of four weeks provided
by section 3 of the Annual Holidays Act, 1944 (New South Wales), a seven-day
shift worker at the end of each year of employment is entitled to the
additional leave as prescribed below:
13.2.1 If during the year
of employment the employee has served continuously as a seven-day shift worker,
the additional leave with respect to that year is one week.
13.2.2 If during the year
of employment the employee has served only a portion of it as a seven-day shift
worker, the additional leave is 3 1/4 hours for each completed month of
employment as a seven-day shift worker. Where the additional leave is or
comprises a fraction of a day such fraction does not form part of the leave
period and any such fraction must be discharged by payment only.
13.2.3 Where the
employment of a seven-day shift worker is terminated and there is thereby an
entitlement due under section 4 of the Annual Holidays Act, 1944 (New South
Wales), to payment in lieu of an annual holiday with respect to a period of
employment such employee is also entitled to an additional payment of 3 1/4
hour's pay for each completed month of service as a seven-day shift worker.
13.3 Upon becoming
entitled to such annual leave an employee shall be entitled to be paid an
annual leave loading of 17½% of the employees ordinary earnings which shall be
paid each time the employee takes annual leave.
14. Sick Leave
14.1 Employees shall
be entitled to up to 5 days sick leave without loss of pay in their first year
of service with the employer. Employees
shall be entitled to 10 days sick leave in their second and subsequent years of
service with the employer.
14.2 An employee who
is unable to attend for duty during ordinary working hours by reason of
personal illness or incapacity not due to the employee’s own serious and wilful
misconduct, shall be entitled to take their sick leave subject to the following
conditions:
14.2.1 the employee shall
not be entitled to paid leave of absence for any period in respect of which
there is entitlement to payment under the Workplace Injury Management and
Workers Compensation Act 2000 (New South Wales).
14.2.2 the employee
shall, as soon as possible, and in any event prior to the commencement of
shift, inform the employer of such employee’s inability to attend for duty and
as far as possible, state the nature of the injury of illness and the estimated
duration of absence.
14.2.3 where an employee
does not notify the employer of the employee’s inability to attend for duty prior
to the commencement of the shift the employee shall not be entitled to payment
for the first shift of such absence, provided however, in cases of accident or
incapacity to notify, to receive payment for the above the employee shall
provide reasonable proof that he/she was unable to notify the employer on
account of such accident or incapacity.
14.2.4 the employee shall
furnish to the employer such evidence as the employer may desire that the
employee was unable by reason of such illness or injury to attend for duty on
the day or days for which sick leave is claimed. Provided that a Statutory Declaration shall be accepted in
respect of any single day absences, but not more than two such declarations in
any one year. Provided further, that
where such single day absence occurs before or after a public holiday or
rostered day off a medical certificate shall be supplied.
15. Personal/Carer’s
Leave
15.1 Use of Sick Leave
15.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in 15.1.3.2 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 at clause 14, Sick Leave of the award, for absences
to provide care and support for such persons when they are ill, or who require
care due to an unexpected emergency. Such leave may be taken for part of a
single day.
15.1.2 The employee
shall, if required,
(1) establish either
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, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
15.1.3 The entitlement to
use sick leave in accordance with this subclause is subject to:
15.1.3.1 the
employee being responsible for the care of the person concerned; and
15.1.3.2 the
person concerned being either:
15.1.3.2.1 a spouse
of the employee; or
15.1.3.2.2 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
15.1.3.2.3 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
15.1.3.2.4 a same
sex partner who lives with the employee as the de factor partner of that
employee on a bona fide domestic basis; or
15.1.3.2.5 a
relative of the employee who is a member of the same household, where for the
purposes of this clause:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relative
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
15.1.3.3 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 that person’s 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.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 21, Grievance and Dispute Resolution Procedure,
should be followed.
15.2 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 15.1.3.2 above who is ill or who requires care due
to an unexpected emergency.
15.3 Annual Leave
15.3.1 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
15.3.2 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least 5 consecutive annual leave days are taken.
15.3.3 An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
15.4 Make-Up Time
15.4.1 An employee may
elect, with the consent of their 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 this award, at
the ordinary rate of pay.
15.4.2 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 at a later
time), at the shift work rate which would have been applicable to the hours
taken off.
15.5 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 15.1.2 and 15.1.3.3 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in subclause 15.1.3.2 of this clause who are sick
and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(2) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(3) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
15A. Parental Leave
For unpaid parental leave and related entitlements
refer to the Fair Work Act 2009 (Cth) as extended by Chapter 6, Part 6-3, Division
2.
16. Bereavement Leave
16.1 An employee
shall, on the death within Australia of a member of the employee’s family or
household (as defined in paragraph 15.1.3.2 of clause 15, Family Leave), be
entitled to leave including the day of the funeral of such relation. Such leave, for a period not exceeding two
days in respect of any such death, shall be without loss of any ordinary pay
which the employee would have received if the employee had not been on such
leave. An employee whose relative, as defined,
dies outside Australia shall be entitled to leave of one day without loss of
any ordinary pay, provided that such leave shall be extended to two days where
the employee travels overseas to attend the funeral.
16.2 The rights to
such paid leave shall be dependent on compliance with the following conditions:
16.2.1 satisfactory
evidence of such death shall be furnished by the employee to the employer; and
16.2.2 the employee shall
not be entitled to leave under this clause in respect of any period which
coincides with any other entitlements under this award or otherwise.
16.3 Bereavement leave
may be taken in conjunction with other leave available under subclauses 15.1,
15.2, 15.3 and 15.4 of Clause 15, Personal/Carers Leave. Where such other available leave is to be
taken in conjunction with bereavement leave, consideration will be given to the
circumstances of the employee and the reasonable operational requirements of
the employer.
16.4 Bereavement
entitlements for casual employees
16.4.1 Subject to the
evidentiary and notice requirements in 16.2.1 casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 15.1.3.2 of clause 15, Personal / Carer's
Leave.
16.4.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
16.4.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
17. Jury Service
17.1 An employee shall
be allowed leave of absence during any period when required to attend for jury
service, provided that such leave shall be limited to a maximum of two weeks in
any period of jury service.
17.2 During such leave
of absence, an employee shall be paid the difference between the jury service
fees received and the normal rate of pay as if working.
17.3 An employee shall
be required to produce to the employer proof of jury service fees received and
proof of requirement to attend and attendance on jury service and shall give
the employer notice of such requirement as soon as practicable after receiving
notification to attend for jury service.
18. Army Reserve
Leave
18.1 Upon request and
subject to the employer’s ability to grant leave, an employee shall be allowed
leave of absence to attend official army reserve activities.
18.2 Subject to
subclause 18.3, such leave of absence shall be without pay.
18.3 In the event that
the employer is entitled to claim a payment under the Australian Defence Force Employer
Support Payment (ESP) Scheme, an employee may be granted paid army reserve
leave to attend official army reserve activities, which will be paid at the
rate of:
18.3.1 $1345.20 per week
(or such other amount as is provided to the employer under the ESP Scheme); or
18.3.2 the employee’s
ordinary rate of pay
whichever is the lesser.
18.4 An employee is
not entitled to receive paid army reserve leave if he or she is receiving other
paid leave such as annual leave or long service leave to attend army reserve
activities."
19. Public Holidays
19.1 The following
days shall be observed as public holidays:
New Years Day, Australia Day, Good Friday, Easter
Saturday, Easter Sunday, Easter Monday, Tuesday following Easter Monday, Anzac
Day, Queens Birthday, Labour Day, Christmas Day, Boxing Day, and any proclaimed
day in lieu thereof for the state.
19.2 An extra holiday
in lieu of the Tuesday following Easter Monday may be substituted by another
day in the calendar year, where mutual agreement has been reached between the
employer and the employee.
19.3 Employees may be
directed to work on public holidays as part of their rostered shift at their
ordinary rate of pay.
19.4 Days in lieu of
working public holidays will not be provided.
19.5 Except in the case
of an emergency, a Security Officer Grade C will not be required to work on a
public holiday.
20. No Extra Claims
20.1 The parties agree
that, during the term of this award, there will be no extra wage claims, claims
for improved conditions of employment or demands made with respect to the
employees covered by the award and, further, that no proceedings, claims or
demands concerning wages or conditions of employment with respect to those
employees will be instituted before the Industrial Relations Commission.
20.2 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing award
provisions.
20.3 The parties agree
to commence discussions concerning a new Award not later than 21 January 2013.
21. Grievance and
Disputes Resolution Procedure
21.1 The aim of this
procedure is to ensure that during the life of this Enterprise Award,
industrial grievances or disputes are prevented or resolved as quickly as
possible, at the lowest level possible in the workplace. When a dispute or
grievance arises, or is considered likely to occur, the following steps shall
be followed:
21.1.1 The matter is
discussed between the staff member(s) and the supervisor involved. If the
matter is not resolved, then:
21.1.2 The initiator of
the dispute may be required to provide in writing the substance of the
grievance and state the remedy sought.
21.1.3 The matter is then
discussed in a timely way between staff member(s), the supervisor and the
manager. If the matter remains unresolved, then:
21.1.4 The matter is
discussed between senior representatives of the organisation and the relevant
union and/or staff member(s) representative.
21.2 Each of the steps
will be followed within a reasonable time frame, allowing sufficient time for
discussions at each level of authority and having regard to the nature of the
grievance or dispute.
21.3 If the matter
remains unresolved, then, it may be referred by either party to the Industrial
Relations Commission of New South Wales to exercise its functions under the
Industrial Relations Act 1996. The parties agree to exhaust the conciliation
process before commencing the Arbitration process.
21.4 At any stage of
this procedure, the employer may be represented by an industrial organisation
of employers and the employees may be represented by an industrial organisation
of employees.
21.5 It is agreed that
the parties will not deliberately frustrate or delay these procedures.
21.6 Normal work will
continue without disruption while these procedures are followed.
22. Area Incidence
and Duration
This Enterprise Award rescinds and replaces the Sydney Cricket
and Sports Ground Trust Security Enterprise Award 2009 published 28 August 2009
(368 I.G. 1708).
The purpose of this Enterprise Award is to partially
regulate the terms and conditions of employment of Security Staff at the Sydney
Cricket Ground, the Sydney Football Stadium and any other sites that the
employer may manage.
This Enterprise Award is to read in conjunction with
the Security Industry (State) Award and variations thereof. Where there is an inconsistency between the
two awards, this award shall apply.
This award shall operate from the beginning of the
first pay period to commence on or after 20 June 2012 and shall remain in force
for a period of twelve months.
23.
Anti-Discrimination
24.1 It is the
intention of the parties bound by this award to seek to achieve the object of
in section 3(f) of the Industrial Relations Act 1996 (NSW), to prevent
and eliminate discrimination in the workplace on the grounds of race, sex
marital status, disability, homosexuality, transgender identity and age.
24.2 Accordingly, in
fulfilling their obligations under the dispute resolution procedure, the
parties must take all reasonable steps to ensure that neither the award
provisions nor their operation are directly or indirectly discriminatory in
their effects.
24.3 Under the Anti-Discrimination
Act 1977 (NSW), 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.
24.4 Nothing in this
clause is to be taken to affect:
24.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation,
24.4.2 offering or
providing junior rates of pay to persons under 21 years of age,
24.4.3 any act or
practice of body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977 (NSW),
24.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
24.5 This clause does
not create legal rights or obligations in addition to those imposed upon by 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."
24. Secure Employment
Provisions
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer's workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of nine months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of nine months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks' notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election
to convert an ongoing contract of employment shall be dealt with as far as
practicable and with expedition through the disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to full-time
employment or part-time employment will be deemed to have elected against any
such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed that
the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the arrangements
to apply to an employee converting from casual employment to full-time or
part-time employment, it shall be dealt with as far as practicable and with
expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) WorkHealth and
Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which has as its business function, or one of its
business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer's own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer's premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
workplace health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work, Health and Safety
Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(e) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
25. First Aid
Certificates
The employer will provide relevant first aid training
on an as required/a time to time basis for the provision of first aid
certificates."
26. Security Licence
26.1 It is a condition
of employment that employees hold and maintain a valid security licence.
26.2 The Trust shall
pay to employees a gross amount equivalent to the fee payable by an employee
upon application for the renewal of licence under the Security Industry Act
1997 (NSW), subject to the satisfaction of the following conditions:
(a) The employee is
employed by the Trust as at the date of renewal;
(b) The employee
obtains the renewal of his/her security licence; and
(c) The employee
provides evidence to the Trust of the payment of the relevant fee, as required
by the Trust.
27. Uniforms
27.1 Employees shall
be provided with four shirts, two pairs of pants and 1 pair of boots on
commencement of employment and thereafter annually,.
27.2 Uniform items no
longer serviceable due to fair wear and tear will be, where necessary replaced subject
to an aggregate maximum of eight shirts, four pairs of pants and two pairs of
shoes per annum.
PART B
MONETARY RATES
Table 1
Item
|
New Rate Per Hour
First Full Pay
|
No.
|
Period to commence
on or after
|
|
20 June 2012
|
|
(2.5%)
|
|
$
|
1
|
26.58
|
2
|
39.86
|
3
|
24.37
|
4
|
36.56
|
5
|
19.69
|
6
|
29.54
|
7
|
28.63
|
8
|
22.24
|
E.
A. R. BISHOP, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.