AUSTRALIAN
JOCKEY CLUB HOSPITALITY EMPLOYEES AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application
by Employers First, industrial organisation of employers.
(No. IRC 2362 of 2000)
|
Before the Honourable Justice Glynn
|
9 April 2001
|
AWARD
PART A
1. Arrangement
PART A
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Clause No
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Subject Matter
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1.
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Arrangement
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2.
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Statement of Intent
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3.
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AJC Convention and
Exhibition Centre Classification Structure
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4.
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Wage Rates
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5.
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Hours of Minimum
Engagement
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6.
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Overtime
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7.
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Labour Flexibility
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8.
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Meals and Rest Periods
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9.
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Terms of Employment
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10.
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Postponement
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11.
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Public Holidays
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12.
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Time and Wages Book or
Sheet
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13.
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Payment of Wages
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14.
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Right of Entry of Union
Officials
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15.
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Posting of Award
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16.
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Occupational Health and
Safety
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17.
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Uniforms
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18.
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No Extra Claims
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19.
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Equal Employment
Opportunity
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20.
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Mixed Functions
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21.
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Grievance Procedure
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22.
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Training
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23.
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Fares and Parking
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24.
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Anti-Discrimination
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25.
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Area, Incidence and
Duration
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APPENDIX A
PART A
PART B
MONETARY RATES
Tables 1.1; 1.2; 1.3
and 1.4
2. Statement of Intent
(i) This award has been designed to
facilitate the smooth establishment and ongoing organisational development of
the Australian Jockey Club (AJC).
(ii) The parties
to this award are committed to:
(a) Efficiencies and productivity being
constantly reviewed and improved and thereby allowing the AJC to compete
against other racing, gaming and wagering and competitor service organisations
on a cost-effective basis.
(b) The creation and maintenance of a harmonious
employee relations environment which is typified by consultation and
participation with employees and the Union which supports the AJC’s vision.
(c) The provision of a framework within
which the AJC can generate interesting and fulfilling work and develop systems
which allow employees to reach their full potential and progress through a
career path while simultaneously maximising the efficiency and productivity of
the AJC.
(d) The creation of a co-operative working
environment, where quality and pride of working for the AJC are fostered and
that any issues of internal demarcation are eliminated where such work falls
within the employees level of skills and training.
(e) To maintain the highest standard in
quality and consistency for food and food service, attending to all guest
requirements, ensuring the guest receives professional, courteous and efficient
service in accordance with the AJC’s general competencies, set service
standards and procedures.
3. AJC Convention and
Exhibition Centre Classification Structure
(i) The
following classification structure shall apply:
(a) Grade 1 is an employee who is:
(1) undertaking up to three months or six
engagements (whichever is the greater) on-the-job training so as to enable the
employee to be employed as a Grade 2 employee; or
(2) providing general assistance to
employees of a higher grade, not including cooking or direct service to
customers, and is primarily engaged in one or more of the following:
* assembly and preparation of
ingredients for cooking;
* cleaning and tidying of associated
areas including collection and return of linen;
* handling pantry items;
* room set-up and movage not including
dressing tables;
* directing guests to parking areas;
* setting and/or wiping down tables,
removing food plates, emptying ashtrays and picking up glasses and the cleaning
of equipment, general utensils, crockery and glasses;
* general cleaning and labouring tasks;
* receiving, storing and distributing
goods not involving the extensive use of documents and records (runner);
* shop days, which shall mean days of
employment in preparatory or cleaning up work at the AJC or at the site of the
job.
(b) Grade 2 is an employee who in addition
to the duties of Grade 1 is primarily engaged in one or more of the following:
* heating
pre-prepared meals and/or preparing and/or serving simple food items such as
sandwiches, salads, toasted foodstuffs, carvery and barbeque;
* undertaking
general waiting duties of both food and or beverages, including cleaning of
restaurant equipment, preparing tables and sideboards, clearing tables, taking
customers orders at a table and serving food and/or beverages to tables;
* cleaning,
tidying and setting up of kitchen, food preparation, wash-up and customer
service areas, including the cleaning of equipment, crockery, pantry and pot
wash and general utensils, and involving the use of specialised cleaning
equipment and/or chemicals;
* taking orders by telephone or whilst
stationed at a fixed ordering point;
* service from a snack bar, buffet or
meal counter;
* receipt of
monies, giving change, operation of cash registers, and use of electronic swipe
input devices;
* driving a motor vehicle requiring the
holding of a NSW class 1A licence;
* greeting and seating guests under
general supervision;
* supplying,
dispensing or mixing of liquor including the sale of liquor, cleaning of bar
areas and equipment, preparing the bar for service, taking orders and serving
drinks and assisting in the cellar;
* attending the cloakroom;
* laundry and
specialised cleaning duties involving the use of specialised cleaning equipment
and/or chemicals;
* supervising food and beverage
attendants of a lower grade.
(c) Grade 3 is an employee who in addition to
the duties of Grade 2 is primarily engaged in one or more of the following:
* preparing and
cooking a limited range of basic food items such as breakfasts, grills and
snacks;
* waiting duties of
food and/or beverages, including providing assistance in choosing the meal and
wines by providing detailed information when required of each item listed on
menus, advising customers on the appropriate choices of wine and providing
information of wine types and all items on the wine list, taking customer
orders, serving food and/or beverages, supervises or undertakes the clearing of
tables after and during meals, receipt of monies, taking reservations, greeting
and seating guests;
* preparing and serving a range of
drinks, including blended and other cocktails;
* receiving,
storing and distributing goods including use of documents and records not
involving the control of the store or cellar;
* providing basic
instruction and on the job training on a one to one basis to employees of a
lower grade;
* supervision of food and beverage
attendants of a lower grade;
* cashier;
* kitchen
attendant Grade 3 shall mean an employee who is engaged in specialised
non-cooking duties in kitchen or food preparation area, or supervision of
kitchen attendants.
(d) Grade 4 is an employee who is primarily engaged in one or
more of the following:
* undertaking
general cooking items, including a la carte cooking, baking, pastry cooking or
butchery;
* full control of a cellar and/or store
including stock control and ordering;
* food and
beverage supervisor shall mean an employee who has the appropriate supervisory
course, and who has the responsibility for supervision, training and
co-ordination of food and beverage staff, and/or stock control for a bar or
series of bars;
* kitchen
attendant Grade 4 shall mean an employee who has the appropriate supervisory
course, and has the responsibility for the supervision, training and
co-ordination of kitchen attendants of a lower grade.
(e) Grade 5 is an employee who has completed
an apprenticeship or who has passed the appropriate trade test and who is
engaged in any of the following:
* undertaking cooking, baking or pastry
cooking duties;
* undertaking general and specialised
waiting duties in a restaurant;
* other trade work as appropriate to an
employees trade.
(ii) The AJC may require the employee to
provide proof of any previous service or a trade certificate at the time of
commencing employment. Where it is
established that the employee failed to disclose that information when required
to do so such service or qualification shall not be taken into account when
assessing any later claim on the AJC.
(iii) The above grades cover all food and beverage
employees working at the AJC, but not managerial staff whose principal
functions are not described in the grade descriptions. Where an employee’s duties are not mentioned
within these classifications the employee shall be classified in a grade, which,
by reference to the grading descriptors, most closely reflects the skills and
responsibilities of the job.
4. Wage Rates
(a) The hourly wage rates shall be those
prescribed in Table 1 of Part B, Monetary Rates, of this award. These hourly wage rates include compensation
for the provision of uniforms and pro rata annual leave.
(b) Where, in accordance with a State Wage
Case, wages are to be adjusted by a money amount the formula set out in
Appendix A shall be applied.
5. Hours and Minimum Engagement
(i) All employees engaged by the AJC prior
to the operation of this Award, shall be paid for a minimum of 4 hours for each
engagement except for existing food employees working at:
(a) Weekend race meetings at Randwick and
Warwick Farm Racecourses - a minimum of 6 hours shall be paid.
(b) Mid-week and twilight race meetings at
Warwick Farm Racecourse - a minimum of 4.5 hours shall be paid.
(c) Mid-week race meetings at Randwick Racecourse - a minimum of
5 hours shall be paid.
(ii) For the purposes of this award, an
existing food employee means employee who worked for the AJC on at least eight
engagements in the twelve months prior to 28 January 1998 and who is not
engaged as a bar attendant or to pick up glasses.
(iii) For employees engaged after the operation
of this Award a minimum of three hours per engagement shall apply.
(iv) Subject to the minimum hours requirement
of this clause, finishing times are indicative only and may vary at management
discretion according to customer activity levels. For employees engaged before the operation of this Award this
subclause will only apply by mutual agreement
6. Overtime
All work in excess of ten hours per engagement on Monday to
Saturday shall be paid at the rate payable for work on a Sunday.
7. Labour Flexibility
(i) For the
purpose of increasing productivity and efficiency employees shall:
(a) perform all work within the grade in which they are employed
and that of lower grades;
(b) perform all work which is incidental to their main task(s) or
function(s);
(c) not impose or enforce demarcation
barriers between food and beverage tasks they are required to perform;
(d) perform work at any work station as required by the AJC.
Provided that the work required to be performed is in the
scope of the employee’s skills and competence.
8. Meals and Rest Periods
(i) An employee who is required to work
more than four and a half hours will be allowed a 30 minute paid meal break and
be provided with a meal of a substantial nature.
(ii) Employees who do not qualify for a meal
break under subclause (i) shall, where practicable be allowed one rest period
of ten (10) minutes duration which shall be counted as time worked.
(iii) At the conclusion of their shift staffs
are entitled to one non-alcoholic drink to be consumed on course. The practice of the AJC supplying alcoholic
drinks to staff covered by the terms of this award will be discontinued on the
commencement of this award.
9. Terms of Employment
(i) An employee shall be advised by the AJC
prior to the commencement of duty of the time he or she will be required to
commence duty.
(ii) Subject to the provision of the
postponement conditions of clause 10 any employee if so directed by the AJC to
report for duty shall, if the employee so attends, be paid from that time
whether work is ready to be commenced or not.
(iii) Upon engagement an employee shall be
informed by the AJC of the basis and nature of engagement, and the AJC shall
record same on the time and pay sheets.
10. Postponement
(i) Except as set out below, an employee
who is engaged to attend and attends a meeting or function which is postponed
or cancelled after the employee’s nominated starting time, and the employee has
commenced work, the employee shall be paid a minimum of four hours or hours
worked in excess of four hours.
(ii) If notice of postponement or
cancellation of the meeting or function is broadcast or published by radio or
press two hours or more before the employee’s rostered starting time the
employee shall not be paid.
(iii) Except where notice has been given in
accordance with paragraph (ii), if the employee attends work but the meeting is
postponed or cancelled prior to the employee’s nominated starting time the
employee shall be paid for two hours.
(iv) Where the race meeting has been cancelled
or postponed and in lieu thereof a phantom fixture is conducted, employees not
required for duty for the purpose of the phantom race meeting are to have their
entitlements determined in accordance with the provisions of this clause.
11. Public Holidays
(i) Holidays shall mean New Year’s Day,
Australia Day, Union Picnic Day (which shall be held on the third Monday in
February) Good Friday, Easter Saturday, Easter Monday, Queen’s Birthday, Eight
Hour Day, Anzac Day, Christmas Day, Boxing Day, or such other day as is
generally observed in the locality as a substitute for any of the said days
respectively.
(ii) Where an additional public holiday is
proclaimed or gazetted by the authority of the State Government and such proclaimed
or gazetted holiday is to be observed generally by persons throughout the
State, or when such a proclaimed or gazetted day is, by any required judicial
or administrative order, to be so observed, then such day shall be deemed to be
a holiday for the purposes of the award.
12. Time and Wages Book or
Sheet
The AJC shall keep a time and wages book or sheet showing
the number of hours worked each day by each employee and the rate of payment made
to such employees, such book or sheet shall be open for inspection by an
accredited official of the union at all reasonable times.
13. Payment of Wages
If not paid before, wages shall be paid on a weekly basis,
within three working days from the end of the pay period, by electronic funds
transfer to an employee’s nominated bank or other financial institution. The normal pay period will run from Tuesday
to Monday. Compensation for any cost to
employees associated with such transfer is included in the hourly rate.
14. Right of Entry of Union
Officials
The Secretary or an accredited officer of the union shall
have the right to enter the premises of the AJC at any time for the purpose of
interviewing members of the union but shall not without reasonable cause enter
behind a bar or service counter and shall not unduly disrupt work or services.
15. Posting of Award
A copy of this award shall be posted in a conspicuous
position at the working premises by the AJC.
16. Occupational Health and
Safety
(i) The AJC prides itself on quality
occupational health and safety standards.
It is recognised that the benefits to be gained from effective health
and safety programs are significant both in human and economic terms.
(ii) The AJC is responsible for taking all
reasonable and practicable action to achieve and maintain a performance level
which safeguards the health and safety of all employees in accordance with the Occupational Health and Safety Act 1983.
(iii) All employees are to be involved in
safety matters and hence, to contribute to the reduction of hazards employees
are to:
(a) identify and reduce the risk associated
with all types of work-related events that may produce injury or illness; and
(b) identify, measure and control to safe
levels any physical agents in the workplace capable of causing ill health; and
(c) promote the good health and welfare of employees;
(d) report any perceived hazard to the immediate supervisor;
(e) report any work related injury, no matter how minor to their supervisor;
(f) wear any safety clothing, footwear and equipment issued and
specified for the job.
(iv) The AJC’s management is committed to the
continuous monitoring and upgrading of its occupational health and safety
policy to ensure the highest standards are met. The AJC shall where appropriate:
(a) provide information, instructions and
training of employees to increase personal understanding of safe work
practices, workplace hazards and principles of hazard control; and
(b) maintain a close relationship with
employees, the Union and regulatory authorities in the development and
implementation of standards and future strategies.
(v) The occupational health and safety
committee shall be convened subject to the provisions of the regulations of the
Occupational Health and Safety Act
1983 and shall meet at intervals not less frequent than specified in the
regulations.
(vi) First aid
kits and safe flooring shall be provided.
17. Uniforms
Where special uniforms other than traditional black and
white dress are required to be worn they shall be supplied by the AJC and shall
be and remain the property of the AJC.
18. No Extra Claims
It is a term of this award that the union undertakes that
for the life of the award it will not pursue any extra claims, award or over
award. In the case of State Wage Case
adjustments the union undertakes not to make application for any increases as a
result of state wage case adjustments until at least 30 months from the date of
ratification of this award.
19. Equal Employment
Opportunity
The AJC is committed to providing a workplace based on Equal
Employment Opportunity and free of sexual harassment.
20. Mixed Functions
An employee engaged for more than two hours during one day
or shift on duties carrying a higher rate than his or her ordinary
classification shall be paid the higher rate for such day or shift. If engaged for two hours or less during one
day or shift, he or she shall be paid the higher rate for the time so worked.
21. Grievance Procedure
Any dispute or grievances between the AJC and its employees
or any of them shall be settled in accordance with the procedures set out
below:
(i) Any grievance, claim or dispute which
arises shall, where possible, be settled by discussion on the job between the
employee and the management,
(ii) If the matter is not resolved at this
level, the matter will be further discussed between the affected employee, the
union delegate and the management,
(iii) If no agreement is reached, the relevant
union organiser and delegate will discuss the matter with representatives of
the AJC.
(iv) Should the
matter still not be resolved the following procedure will be followed:
(a) a joint discussion shall be held between representatives of
the AJC and officials of the union;
(b) if the matters are not finalised they
shall be referred to the Industrial Relations Commission of New South Wales.
(v) Whilst the foregoing procedure is being
followed work shall continue normally without any bans or limitations. Where it is agreed that there is an existing
custom, work shall continue in accordance with the direction of the AJC. No party shall be prejudiced as to the final
settlement by the continuance of work in accordance with this subclause.
22. Training
(i) The AJC is committed to develop and
offer training to employees to enable them to undertake a wider range of tasks
and proceed through a career path and to carry out their duties in accordance
with the best practice in the hospitality industry.
(ii) To achieve this aim the AJC will offer
structured training to employees on an equitable basis so that employees of all
work levels have a fair opportunity to participate. Employees undergoing such training will be paid for attendance at
training, provided that, where product familiarisation meetings and the like
are held management may allow employees not directly affected to attend without
liability to payment.
(iii) The club will not unreasonably refuse a
request by an employee for training and in determining training priorities will
give preference to training requested by an employee for skills specified at
that employee’s current level and/or the next higher level.
(iv) The minimum
engagement for attendance at training will be two hours.
23. Fares and Parking
(i) An allowance of $10.00 per race meeting
shall be paid to employees who are engaged to work at Warwick Farm Racecourse.
(ii) Employees
shall be entitled to free parking for their vehicle when attending for work at
a racecourse.
24. 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 this award are not directly or indirectly
discriminatory in their effects. It
will be consistent with the fulfillment 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 victimize 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 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 this 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."
25. Area, Incidence and
Duration
(i) This award rescinds and replaces the
Australian Jockey Club Hospitality Employees Award published 9 April 1999 (308
I.G. 856), and all variations thereof.
(ii) It applies to persons employed on an
hourly basis as casual employees by the Australian Jockey Club in the
classifications prescribed in this award in or in connection with the
provisions of food, beverage and related hospitality services for AJC race
meetings, functions or other events.
(iii) It shall supersede and be in substitution
for all previous awards, agreements and orders relating to the employment of
persons covered by the award, but no right, obligation or liability accrued or
incurred thereunder shall be thereby affected.
(iv) It shall take effect on and from the
first pay period to commence on or after 9 April 2001 and shall remain in force
thereafter for a period of three (3) years.
APPENDIX A
PART A
(i) Where State Wage Case decisions
prescribe an adjustment by a flat weekly amount, hourly rates in this award
will be adjusted by dividing the dollar amount by 38 and adding the following
loadings:
(a) Mondays to Saturdays - 50%
(b) Sundays - 100%
(c) Public Holidays - 150%
(ii) The loadings specified above are not to
be taken to be the loadings used to determine the agreed hourly wage rates.
(iii) The rates of pay in this award have been
loaded to compensate employees for the casual nature of the work, weekend and
holiday penalties and benefits otherwise available to full time employees
including annual leave, sick leave, bereavement leave, etc.
(iv) The hourly
rates in this award are based upon a 38 hour week.
PART B - MONETARY RATES
Table 1.1
The wage rates prescribed by Clause 4, upon ratification
shall be increased by 4%
|
Grade
|
Monday to Saturday
|
Sunday
|
Public Holiday
|
|
1
|
$14.94 (14.37)
|
$19.91 (19.14)
|
$25.69 (24.70)
|
|
2
|
$15.60 (15.00)
|
$20.42 (19.63)
|
$27.04 (26.00)
|
|
3
|
$17.15 (16.49)
|
$22.16 (21.31)
|
$28.70 (27.60)
|
|
4
|
$18.62 (17.90)
|
$23.83 (22.91)
|
$30.04 (28.88)
|
|
5
|
$19.96 (19.19)
|
$24.49 (23.55)
|
$32.30 (31.06)
|
(old
rate) (old rate) (old rate)
Table 1.2
The wage rates prescribed by Clause 4, NINE MONTHS after
ratification shall be increased by 4%
|
Grade
|
Monday to Saturday
|
Sunday
|
Public Holiday
|
|
1
|
$15.54
|
$20.70
|
$26.72
|
|
2
|
$16.22
|
$21.23
|
$28.12
|
|
3
|
$17.84
|
$23.05
|
$29.85
|
|
4
|
$19.36
|
$24.78
|
$31.24
|
|
5
|
$20.76
|
$25.47
|
$33.59
|
Table 1.3
The wage rates prescribed by Clause 4, EIGHTEEN MONTHS after
ratification shall be increased by 3.5%
|
Grade
|
Monday to Saturday
|
Sunday
|
Public Holiday
|
|
1
|
$16.08
|
$21.42
|
$27.66
|
|
2
|
$16.79
|
$21.97
|
$29.10
|
|
3
|
$18.46
|
$23.86
|
$30.89
|
|
4
|
$20.04
|
$25.65
|
$32.33
|
|
5
|
$21.49
|
$26.36
|
$34.77
|
Table 1.4
The wage rates prescribed by Clause 4, TWENTY SEVEN MONTHS
after ratification shall be increased by 3.5%
|
Grade
|
Monday to Saturday
|
Sunday
|
Public Holiday
|
|
1
|
$16.64
|
$22.06
|
$28.63
|
|
2
|
$17.38
|
$22.74
|
$30.12
|
|
3
|
$19.11
|
$24.70
|
$31.97
|
|
4
|
$20.74
|
$26.55
|
$33.46
|
|
5
|
$22.24
|
$27.28
|
$35.99
|
L. C. GLYNN J.
____________________
Printed by the authority of the Industrial Registrar.