Sydney Olympic Park Aquatic Centre and Sydney Athletics Centre (State) Award 2006

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Sydney Olympic Park Authority.

 

(No. IRC 3715 of 2006)

 

 

AWARD

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Parties to this Award

3.         Intention

4.          Rates of Pay

5.         Income Protection Plan

6.         Hours of Work

7.         Full-Time, Part-Time, Fixed Term and Casual Employees

8.         Higher Duties

9.         Meal Breaks

10.       Excess Hours Worked

11.       Public Holidays

12.       Sick Leave

13.       Personal Carer’s Leave

14.       Bereavement Leave

15.       Parental Leave

16.       Terms of Engagement

17.       Training Wage

18.       Payment of Wages

19.       Annual Leave and Annual Leave Loading

20.       Consultative Mechanism

21.       Labour Flexibility

22.       Uniforms and Protective Clothing

23.       Tools and Equipment

24.       Change Rooms

25.       Redundancy

26.       Major Interruption to Operations

27.       Grievance and Dispute Resolution Procedures

28.       Secure Employment

29.       No Extra Claims

30.       Leave Reserved

31.       Anti-Discrimination

32.       Area, Incidence and Duration

 

PART B

 

Table 1

Table 2

 

2.  Parties to This Award

 

2.1        The parties to this award are:

 

(i)         The Sydney Olympic Park Authority Aquatic and Athletic Centres Division ("the Employer"); and

 

(ii)        The Australian Workers’ Union, New South Wales ("the AWU").

 

3.  Intention

 

3.1        The principle intentions of this award are:

 

(i)         To promote harmonious industrial relations for the Sydney Olympic Park Aquatic and Athletics Centres;

 

(ii)        To maximise standards of service to the public and centres users, measured against those applying in the leisure and recreation industry nationally and internationally; and

 

(iii)       To provide a multi-skilled workforce.

 

4.  Rates of Pay

 

4.1        The minimum rates of pay for full time employees covered by this award employed in the classifications set out below are contained in Table 1 of Part B of this award.

 

4.2        Classifications (Skill/Definitions) for full-time and part-time employees:

 

4.2.1     Level I

 

Means an employee with no qualifications and who performs duties of a routine nature, requiring the use of minimum judgement and supervision.

 

Employees at this level may include the initial recruit who may have limited relevant experience.

 

(a)        An employee at this level will be able to:

 

Communicate with the public in a courteous and tactful manner.

 

(b)       Indicative of some of the tasks which an employee at this level may perform are:

 

Exercises basic keyboard skills;

 

General Attendant/Cashier duties which includes basic clerical, office assistance, kiosk duties involving customer turnover and cash handling, taking of bookings and tickets and general assistance in the day-to-day activities of the operation;

 

Maintains simple records;

 

Assists with administration of the Swim School Program;

 

Is directly employed as Car Park Attendant, Usher or Door Attendant who is engaged in a non-security capacity;

 

Receives, despatches, distributes, sorts, checks, documents, orders and records of goods and/or materials;

 

Is employed as a General Hand;

 

Undertakes duties peripheral and ancillary to the above as required.

 

(c)        Progression to Level II will be dependent upon availability of position and successful application.

 

4.2.2     Level II

 

Means an employee who has undertaken structured training recognised by the industry as relevant and appropriate to perform work within the scope of this level.

 

(a)        An employee at this level:

 

Assists with the provision of on-the-job training to a limited degree;

 

Conducts individual or group activities/programs/sessions/tours, under supervision, only after commencing a recognised course or undergoing accredited training;

 

Exercises intermediate keyboard skills with instructions;

 

Works in a team environment under routine supervision;

 

Where appropriate, holds and maintains life saving and first aid qualifications recognised as being appropriate for the safe and effective conduct of duties involving public and employee health and safety;

 

Works from instructions or procedures;

 

Has an understanding of general office procedures;

 

Co-ordinates duties under the direction of a Level III employee;

 

Provides general supervision of and assistance to Level I employees; and

 

Is capable of and may perform Level 1 duties.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

Takes classes and directs leisure activities;

 

Supervises public swimming;

 

Attends to health and safety of the public;

 

Sells programs/tickets and gives change;

 

Co-ordinates events and bookings;

 

Undertakes receptionist duties;

 

Undertakes office administrative duties;

 

Attends to equipment and displays eg. pool attendant;

 

Safeguards individuals e.g. child care attendants;

 

(c)        Progression to Level III will be dependent upon availability of position and successful application.

 

4.2.3     Level III

 

Means an employee who has completed structured training recognised by the industry as relevant and appropriate to perform work within the scope of this level.

 

(a)        An employee at 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 work (subject to routine supervision);

 

Exercises good keyboard skills and knowledge of office procedures/equipment/systems; and

 

Is capable of and may perform the Level II and level I duties.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

Is employed as a Gym Exercise Specialist;

 

Co-ordinates Swim School, Customer Services, Tours and Health and Fitness Activities;

 

Maintains machinery, plant and technical equipment;

 

Undertakes secretarial duties;

 

In the absence of line supervisors, acts in an appropriate way to supervise the work areas to ensure delivery of services;

 

(c)        Progression to Level IV will be dependent upon availability of position and successful application.

 

4.2.4     Level IV

 

Means an employee who is subject to broad guidance or direction and would report to more senior staff as required.

 

An employee at this level would have worked or studied in a relevant field and/or have specialist knowledge, qualifications and experience sufficient to enable them to advise on a range of activities and features and contribute, as required, to the determination of objectives, within their delegated area of supervision.

 

(a)        An employee at this level:

 

Takes responsibility for ensuring the quality of their own work and exercises initiative, discretion and judgement at times in the performance of their duties;

 

Is directly responsible to the appropriate manager for the section or area of operation;

 

Assists with the management of the section or area of operation;

 

Has the delegated responsibility for the work under their control or supervision in terms of, inter alia, allocation of duties, co-ordinating work flows, checking progress, quality of work and resolving problems, as well as counselling staff for performance and work related problems where required;

 

Trains employees at Level III, II and I as required;

 

Is capable of and may perform the Level III, Level II and Level I duties.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

Supervises Pool Attendants;

 

Supervises Athletic Centre employee;

 

Supervises Aquatic Centre employees;

 

Supervises administrative and accounting operations;

 

Supervises information technology;

 

Supervises daily activities and operation of health and fitness activities;

 

Supervises maintenance employees;

 

4.3        Classifications (Skill/Definitions) for casual employees:

 

4.3.1     Casual Level A

 

Means an employee with no qualifications who performs duties of a routine nature, requiring the use of minimum judgement and supervision.

 

Employees at this level may include the initial recruit who may have limited relevant experience.

 

(a)        An employee at this level will be able to:

 

Communicate with the public in a courteous and tactful manner.

 

(b)       Indicative of some of the tasks which an employee at this level may perform are:

 

Is employed as a Car Park Attendant;

 

Is employed as a Tour Guide;

 

Undertakes clerical duties including exercising basic keyboard skills, office assistance and maintenance of simple records;

 

Assists with the administration of the Swim School programme;

 

Receives, despatches, distributes, sorts, checks, documents, orders and records goods and/or materials;

 

Is employed as General Hand;

 

Duties peripheral and ancillary to the above as required.

 

4.3.2     Casual Level B

 

Means an employee who has undertaken structured training recognised by the industry as relevant and appropriate to perform work within the scope of this level.

 

(a)        An employee at this level:

 

Assists with the provision of on-the-job training to a limited degree;

 

Conducts individual or group activities/programs/sessions under supervision, only after commencing a recognised course or undergoing accredited training;

 

Exercises intermediate keyboard skills with instructions;

 

Works in a team environment under routine supervision; 

 

Where appropriate holds and maintains life saving and first aid qualifications recognised as being appropriate for the safe and effective conduct of duties involving public and employee health and safety;

 

Works from instructions or procedures;

 

Has an understanding of general office procedures;

 

Co-ordinates duties under the direction of a Level III employee;

 

Provides general supervision and assistance of Level A employees; and

 

Is capable of and may perform duties of a Level A - casual employee.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

Is employed as a cashier involved in kiosk duties including customer turnover and cash handling, taking of bookings and tickets and assists generally in the day-to-day activities of the operation;

 

Takes classes and directs leisure activities;

 

Supervises public swimming;

 

Attends to health and safety of the public;

 

Sells programmes/tickets and gives change;

 

Co-ordinates events and bookings;

 

Undertakes receptionist duties;

 

Undertakes office administrative duties;

 

Attends to equipment and displays eg., pool attendant, athletic track Attendants;

 

Safeguards individuals e.g. child care attendants.

 

4.3.3     Casual Level C

 

Means an employee who has completed structured training recognised by the industry as relevant and appropriate to perform work within the scope of this level.

 

(a)        An employee at 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 work (subject to routine supervision);

 

Exercises good keyboard skills and knowledge of office procedures/equipment/systems;

 

Is capable of and may perform Level A and Level B duties.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

Is employed as Gym Exercise Specialist;

 

Is employed as Head Coach;

 

In the Absence of Line Supervisors, Acts in an Appropriate Way to Supervise the Work Areas to Ensure Delivery of Services.

 

5.  Income Protection Plan

 

5.1        All full-time, part-time and casual employees who are members of the AWU to whom this award applies shall be covered by the Sickness and Accident Income Protection Plan approved and endorsed by the AWU (provided by Chifley Financial Services).  It is a term of this award that the employer will bear the costs of 1.55% of gross weekly pay per week per member towards providing income protection with a maximum payment of $4.55 per week for casuals.

 

6.  Hours of Work

 

6.1        The ordinary hours of work, exclusive of meal times, shall not exceed an average of 38 hours per week, between the hours of 4.30 am and 11.00 pm. The ordinary hours of work may be extended to 2.00 am to cover special events, provided that management gives all employees involved seven clear day’s notice of the extension of ordinary hours, or upon agreement between the employer and employee.

 

6.2        The employer shall arrange the working of the thirty eighty hour week in one of the following ways:

 

6.2.1     by employees working less than eight hours per day;

 

6.2.2     by employees working less than eight hours on one or more days in each week; or

 

6.2.3     by working up to ten hours on one or more days in the week.

 

6.3        Employees other than maintenance employees, pool attendants, and those employees employed in the gym shall be entitled to receive 4 sets of 2 consecutive days off in each 28 day period. 

 

6.4        Notwithstanding the provision of subclause 6.1 & 6.3 the employer and employee may agree to change the rostered time of ordinary hours by one week’s notice or with the consent of the employee at any time.

 

7.  Full-Time, Part-Time, Fixed Term and Casual Employees

 

7.1        An employee shall be engaged as either a full-time, part-time, fixed term or casual employee.

 

7.2        A full-time employee is an employee who is engaged to work an average 38 hours per week.

 

7.3        A part-time employee is an employee engaged to work a minimum of 10 hours work per week. A part-time employee shall receive sick leave, annual leave and long service leave on a pro rata basis.

 

7.4        A casual employee is an employee engaged and paid as such. A casual employee shall be paid the appropriate hourly rate as set out in Table 2 of Part B.

 

7.5        The casual hourly rate contained in this award, contains a component in lieu of any entitlement to sick leave, paid bereavement leave, and annual leave.

 

7.6        A casual employee shall receive a minimum payment of 3 hours for each engagement, in relation to casual employees involved in the presentation or conducting of sports, games and training e.g. instructors, (other than those engaged in relation to the Sydney Athletic Centre) which shall be for a minimum of one hour.

 

7.7        Casual rosters may be changed by management provided that shifts are not shortened to less than the minimums referred to above.

 

7.8        A fixed term employee is an employee who is employed on a full-time or part-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.

 

8.  Higher Duties

 

8.1        An employee required to perform the entire function of a position attracting a higher level under the award shall, on each occasion, be paid the entire difference between their own salary and the salary of the higher position on the fifth and subsequent days of acting up to the higher position.

 

8.2        The parties to the award agree that employees required to be in charge of the Pool Deck (that is employees who are rostered on to open and close the Sydney Olympic Park Aquatic Centre) will be at all times be paid at Level 3 or above.

 

9.  Meal Breaks

 

9.1        Employees shall be entitled to an unpaid meal break of 30 minutes which shall be taken no more than five hours after commencing duty.

 

9.2        Employees working more than six hours per day (excluding breaks) shall also be entitled to two paid ten minutes rest breaks either side of the unpaid meal break.

 

9.3        The employer and employee shall determine the time at which a rest break shall be taken.

 

9.4        Where an employee is required to work in excess of ten ordinary hours, discussions will occur between the employee and his/her supervisor as to whether an additional unpaid meal break of 30 minutes is warranted and if so, the time at which that meal break should be taken.

 

9.5        Notwithstanding the provisions of subclause 9.1 the employer and employee can determine the appropriate time to take a meal break by mutual agreement.

 

9.6        Staff engaged as casual pool attendants shall be given a paid break of 10 minutes within three hours of commencing duty, with a further paid break of ten minutes should work be required after six hours, in lieu of the provisions outlined in subclause 9.2 above.

 

10.  Excess Hours Worked

 

10.1      All time worked in excess of an average of thirty-eight hours in any one week outside the spread of hours prescribed in subclause 6.1 of this award or in excess of ten hours in one day shall be paid as overtime or given as time off in lieu.

 

10.2      All excess hours must be authorised by the appropriate supervisor in each section, prior to any overtime being worked.

 

10.3      By mutual agreement, excess hours shall be paid as overtime or taken off, as time off in lieu.  Time off in lieu will be the equivalent number of actual hours worked.  All accrued time off in lieu shall be taken two months after it falls due unless there is mutual agreement between the employer and employee to do otherwise. The maximum number of hours to be accrued at any time is 38.

 

10.4      Where it is impracticable for the excess hours to be taken off as time off in lieu, it shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

 

10.5      An employee (other than a casual employee) who works so many excess hours between the termination of ordinary work on 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.

 

10.6      For the purposes of this clause "excess hours" means "overtime".

 

11.  Public Holidays

 

11.1      The days on which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day or any proclaimed day in lieu thereof for the State of New South Wales shall be holidays and no deduction shall be made in respect of such holidays from the wages due to any employee for the week in which such holiday or holidays occur.

 

11.2      Provided that the abovementioned holiday may be substituted for another day off by agreement between the employer and employee(s) to be take within one (1) month of the said holiday or adjacent to a period of annual leave.

 

11.3      Any full-time or part-time employee, including a fixed term employee, who is required to work on a public holiday shall be entitled to either time and one half hours pay for each hour worked as well as a day off in lieu at a time mutually agreed; or double time and one half for each hour worked on the public holiday. Casual employees who are required to work on a public holiday shall be entitled to double time and one half for each hour work on the public holiday.

 

11.4      An employee who is absent from work on the day before or the day after a public holiday shall provide the employer with proof of sickness (by way of a medical certificate) prior to receiving payment for those days.

 

11.5      An employee whose day or days off duty coincides with a public holiday shall not be entitled to receive an additional day in lieu.

 

11.6      A full-time, part-time or fixed term employee, who presents proof of purchase of a ticket to the Union’s Picnic Day function, at least ten calendar days in advance of the event, shall be entitled to paid leave to attend the function.  The Union shall advise management at least three months prior to the event of any change of date to the Picnic, which shall otherwise be held on the first Monday in December.

 

12.  Sick Leave

 

12.1      A full-time employee shall be entitled to ten days sick leave per year of service.  Part-time employees shall be entitled to a proportionate amount of sick leave.

 

12.2      If the full period of sick leave is not taken in any one year, the whole or untaken portion shall accumulate from year to year.

 

12.3      An employee shall not be entitled to sick leave for any period in respect of which such employee is entitled to worker’s compensation.

 

12.4      Where an employee is ill or incapacitated on a rostered day or shift off he/she shall not be entitled to sick pay on that day nor shall his/her entitlement to sick leave be reduced as a result of such illness or incapacity.

 

12.5      Where an employee is absent for more than one consecutive day, or more than five single days in a year, the employee shall provide the employer with a doctor’s certificate.

 

12.6      The employee, wherever possible, shall, prior to the commencement of the absence on sick leave, inform the employer of their inability to attend for duty and as far as practicable, state the nature of the injury and illness and the estimated duration of the absence.

 

13.  Personal Carer’s Leave

 

13.1      Use of Sick Leave:

 

13.1.1   An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 13.1.6 (b), who needs the employee’s care and support, shall be entitled to use, in accordance with this clause, any current or accrued sick leave entitlement, provided for in clause 12, Sick Leave, 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.

 

13.1.2   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.

 

13.1.3   Where the parties are unable to reach agreement the disputes procedure at Clause 26 should be followed.

 

13.1.4   The employee shall, if required

 

(a)        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, or

 

(b)       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.

 

13.1.5   In normal circumstances, an employee must not take carer's leave under this clause where another person had taken leave to care for the same person.

 

13.1.6   The entitlement to use sick leave in accordance with this subclause is subject to:

 

(a)        The employee being responsible for the care and support of the person concerned; and

 

(b)       The person concerned being:

 

(i)         a spouse of the employee, or

 

(ii)        a de facto spouse, who is a person of the opposite sex to the employee, who lives with the employee as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

(iii)       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

 

(iv)       a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(v)        a relative of the employee who is a member of the same household, where for the purpose of this clause:

 

"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.

 

13.1.7   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 level 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.

 

13.2      Use of Unpaid Leave:

 

13.2.1   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 subclause 13.1.6 (b) who is ill, or who requires care due to an unexpected emergency.

 

13.3      Use of Annual Leave:

 

13.3.1   An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, 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.

 

13.3.2   Access to annual leave, as prescribed in subclause 13.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

13.4      Use of Time Off in Lieu of Payment of Overtime:

 

13.4.1   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.

 

13.4.2   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.

 

13.4.3   If, having elected to take time as leave in accordance with subclause 13.4.1, 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.

 

13.4.4   Where no election is made in accordance with subclause 13.4.1, the employee shall be paid overtime rates in accordance with the award.

 

13.5      Use of Make-up Time:

 

13.5.1   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.

 

13.6      Personal Carer’s Entitlement for Casual Employees

 

13.6.1   Subject to the evidentiary and notice requirements in subclause 13.1.4, 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 13.1.6 (b) who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

13.6.2   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.

 

13.6.3   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.

 

14.  Bereavement Leave

 

14.1      A full-time or part-time employee, including a fixed term employee, shall be entitled to a maximum of three days leave without loss of pay on each occasion and on the production of satisfactory evidence of death within Australia of a member of the employee’s family or household (as defined in subclause 13.1.6 (b)).

 

14.2      An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

14.3      Bereavement leave may be taken in conjunction with other leave available under subclauses 13.2, 13.3, 13.4 and 13.5. 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.

 

14.4      Bereavement Leave for casual employees

 

14.4.1   Subject to the evidentiary and notice requirements in subclause 13.1.4, 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 13.1.6 (b).

 

14.4.2   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.

 

14.4.3   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.

 

15.  Parental Leave

 

15.1      Refer to Part 4 of Chapter 2 of the Industrial Relations Act 1996 (NSW). The following  provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

15.2      An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(a)        the employee or employee's spouse is pregnant; or

 

(b)        the employee is or has been immediately absent on parental leave.

 

15.3      Right to request

 

An employee entitled to parental leave may request the employer to allow the employee:

 

15.3.1   to extend the period of simultaneous unpaid parental leave up to a maximum of eight weeks;

 

15.3.2   to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

15.3.3   to return from a period of parental leave on a part-time basis until the child reaches school age; to assist the employee in reconciling work and parental responsibilities.

 

15.4      The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

15.5      Employee’s request and the employer’s decision to be in writing

 

15.5.1   The employee’s request and the employer’s decision made under subclause 15.4 and 15.5 must be recorded in writing.

 

15.6      Request to return to work part-time

 

Where an employee wishes to make a request under subclause 15.4, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

15.7      Communication during parental leave

 

15.7.1   Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(a)        make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(b)       provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

15.7.2   The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

15.7.3   The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with subclause 15.7.1.

 

16.  Terms of Engagement

 

16.1      Full-time and part-time employees shall be engaged by the week and their engagement shall only be terminated by the employer or employee giving the notice prescribed below, or by payment or forfeiture, as the case may be of the appropriate wages in lieu of notice.

 

 

16.2      A fixed term employee shall be employed for a fixed period. The engagement of a fixed term employee may be varied by agreement between the employer and employee. Notwithstanding the above provisions, a fixed term contract may be terminated by one week’s notice on either side or by the payment or forfeiture, as the case may be, of a week’s wages in lieu of notice thereof.

 

16.3      The provisions outlined in subclauses 16.1 and 16.2 shall not affect the right of an employer to dismiss any employee without notice for misconduct or other neglect of duty.

 

16.4      The employer shall have the right to deduct payment for the time of non-attendance by any employee who fails to attend for duty, or absents himself/herself from duty, without leave.

 

17.  Training Wage

 

17.1      See the Theatrical Employees (Training Wage) (State) Award.

 

18.  Payment of Wages

 

18.1      Wages will be paid fortnightly by Electronic Funds Transfer.

 

19.  Annual Leave and Annual Leave Loading

 

19.1      Full-time and part-time employees employed on or prior to 19 April, 1999 shall receive annual leave of five weeks per annum plus 17.5% Annual Leave Loading, upon the completion of twelve months service.

 

19.2      Part time employees employed after 19 April, 1999 shall be entitled to four (4) weeks paid annual leave per annum plus 17.5% Annual Leave Loading, upon the completion of twelve months service.

 

19.3      Full-time employees employed after 19 April, 1999 shall be entitled to annual leave of five weeks per annum plus 17.5% annual leave loading, upon the completion of twelve months service.

 

19.4      The loading referred to in subclauses 19.1, 19.2 and 19.3 above shall be paid to all weekly employees upon the anniversary of their entitlement, as a lump sum.

 

19.5      Fixed term employees who are engaged on a contract of less than twelve months shall be entitled to annual leave loading, provided that they have been employed as either a casual or weekly employee for a period of longer than twelve months in total, as on aggregate of full-time, part-time or casual employment.

 

20.  Consultative Mechanism

 

20.1      A meeting will be held every two months between the four employee representatives and the General Manager of the Sydney Olympic Park Aquatic and Athletic Centres for the purpose of discussing matters affecting the productivity and efficiency at the Sydney Olympic Park Aquatic Centre and the Sydney Olympic Park Athletic Centre.

 

21.  Labour Flexibility

 

21.1      Employees covered by this award shall perform all work within their skill and competence including but not limited to work which is incidental but not peripheral to their main tasks and functions.

 

22.  Uniforms and Protective Clothing

 

22.1      Where employees are required to wear a uniform they will be provided to the employee free of charge. Employees required to work in the rain shall be provided with oilskins, gumboots or other protective clothing, free of charge.

 

22.2      Upon termination of employment all uniforms and property belonging to the employer shall be returned by the employee to the employer properly laundered and/or in working order.

 

23.  Tools and Equipment

 

23.1      All tools and equipment required by the employees to perform their duties shall be provided by the employer, free of charge.

 

24.  Change Rooms

 

24.1      The employer shall provide a change room for the use of the employees, free of charge. Such change room shall be equipped with hot and cold showers and shall be fitted with individual locker accommodation.

 

25.  Redundancy

 

25.1  See the Theatrical Employees Redundancy (State) Award.

 

26.  Major Interruption to Operations

 

26.1      Although a rare eventuality, external factors such as acts of God or malicious acts by a third part or parties, which are beyond the control of either party to the Award, may result in the closure of the Centres.

 

26.2      In the first instance options for staff to work at another location will be investigated.

 

26.3      In instances where this is not possible, staff will be given the opportunity to access available annual and/or long service leave entitlements.

 

27.  Grievance and Dispute Resolution Procedures

 

27.1      Procedures relating to grievances of individual employees.

 

27.1.1   The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

27.1.2   A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

27.1.3   Reasonable time limits must be allowed for discussion at each level of authority.

 

27.1.4   At the conclusion of the discussion, the employer must provide a response to the employee’s grievance if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

27.1.5   While a procedure is being followed, normal work must continue.

 

27.1.6   The employee may be represented by a union party to this award for the purpose of each procedure.

 

27.2      Procedures relating to disputes etc. between the employer and its employees.

 

27.2.1   A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher level of authority.

 

27.2.2   Reasonable time limits must be allowed for discussion at each level of authority.

 

27.2.3   While a procedure is being followed, normal work must continue.

 

27.2.4   The employer may be represented by an industrial organisation of employers and the employees may be represented by a union party to this award for the purpose of each procedure.

 

28.  Secure Employment

 

28.1      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.

 

28.2      Casual Conversion

 

28.2.1   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 six 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 clause.

 

28.2.2   Every employer of such a casual employee shall give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this clause if the employer fails to comply with this notice requirement.

 

28.2.3   Any casual employee who has a right to elect under subclause 28.2.1, upon receiving notice under subclause 28.2.2 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.

 

28.2.4   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.

 

(a)        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.

 

28.2.5   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 subclause 28.2.3, the employer and employee shall, in accordance with this clause, and subject to subclause 28.2.3, discuss and agree upon:

 

(a)        whether the employee will convert to full-time or part-time employment; and

 

(b)       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.

 

28.2.6   Following an agreement being reached pursuant to subclause 28.2.5, 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.

 

28.2.7   An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this clause.

 

28.2.8   The parties recognise the seasonal nature of casual employment at the Centres and acknowledge that regular and systematic work may extend over a number of months on a seasonal basis, but not over the full year. These circumstances will constitute valid grounds for the employer to not unreasonably  refuse an employee’s election to convert to full time or part time employment ( in accordance with subclause 28.2.3) where the seasonal nature of the work can be demonstrated.

 

28.3      Occupational Health and Safety

 

28.3.1   For the purposes of this clause, the following definitions shall apply:

 

(a)        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.

 

(b)       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.

 

28.3.2   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):

 

(a)        consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

(b)       provide employees of the labour hire business and/or contract business with appropriate occupational health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(c)        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

 

(d)       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.

 

28.3.3   Nothing in subclause 28.3 is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Occupational Health and Safety Act 2000 or the Workplace Injury Management and Workers Compensation Act 1998.

 

28.4      Disputes Regarding the Application of this Clause

 

28.4.1   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.

 

28.5      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.

 

29.  No Extra Claims

 

29.1      Subject to the provisions of Clause 30. Leave Reserved, it is a term of this award that the Union undertakes not to pursue any extra claims, award or over award, of a general nature, for the duration of the Award.

 

30.  Leave Reserved

 

30.1      Leave is reserved:

 

(a)        To the parties to apply to insert vocational training benchmarks and relativities for full-time, part-time and casual employees subsequent to a variation to the Health, Fitness and Indoor Sports Centres (State) Award for similar matters.

 

(b)        To the parties to apply to insert different redundancy entitlements into the award in the event that the Sydney Olympic Park Authority Aquatic and Athletics Centres Division ceases to operate the Sydney Olympic Park Aquatic Centre and Sydney Olympic Park Athletic Centre.

 

31.  Anti-Discrimination

 

31.1      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, age and responsibilities as a carer.

 

31.2      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.

 

31.3      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.

 

31.4      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.

 

31.5      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."

 

32.  Area, Incidence and Duration

 

32.1      This award shall regulate the terms and conditions of employment of employees of the Sydney Olympic Park Authority Aquatic and Athletics Centres Division.

 

32.2      This award will apply to employees who are:

 

(a)        employed in or in connection with, or in or about (whether indoors or outdoors), the Sydney Olympic Park Aquatic Centre and Sydney Olympic Park Athletic Centre in the setting up, operation, maintenance and administration of the two sites; and

 

(b)        not classified as staff members of the management team.

 

32.3      This award shall not apply to employees employed in a security capacity in or in connection with, or in or about (whether indoors or outdoors), the Sydney Olympic Park Aquatic Centre and Sydney Olympic Park Athletic Centre.

 

32.4      This award shall take effect from 1 July 2006, and shall remain in force for a period of two years.

 

32.5      This award rescinds and replaces the Sydney Olympic Park Aquatic and Athletic Centres (State) Award 2003 published 20 September 2002 (336 I.G. 422) as amended on 9 July 2004 (345 I.G. 298).

 

PART B

 

Table 1

 

 

Table 2

 

 

 

 

R. P. BOLAND J

 

 

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Printed by the authority of the Industrial Registrar.