Sydney Olympic Park Paid Parking (State) Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Liquor, Hospitality and Miscellaneous Union, New South Wales Branch, Industrial Organisation of Employees.

 

(Nos. IRC 641 and 1477 of 2007)

 

 

AWARD

 

1.  Arrangement

 

Clause No.         Subject Matter

 

1.         Arrangement

2.         Classifications

3.         Rates of Pay

4.         Income Protection Plan

5.         Conditions of Engagement - Full-time, Part-time and Fixed-term Employees

6.         Hours of Work - Full-time - Part-time and Fixed-term Employees

7.         Casual Employees

8.         Meal Breaks

9.         Excess Hours Worked - Full-time, Part-time and Fixed-term Employees

10.       Public Holidays

11.       Sick Leave

12.       Personal/Carer's Leave

13.       Bereavement Leave

14.       Parental Leave

15.       Anti-Discrimination

16.       Redundancy

17.       Payment of Wages

18.       Annual Leave and Annual Leave Loading

19.       Job Representative

20.       Labour Flexibility

21.       Uniforms and Protective Clothing

22.       Tools and Equipment

23.       Change Rooms and Amenities

24.       Grievance and Dispute Resolution Procedures

25.       Union Dues

26.       Monetary Rates

27.       No Extra Claims

28.       No Reduction of Entitlements

29.       Payroll Advice

30.       Union Membership

31.       Secure Employment

32.       Area, Incidence and Duration

 

2.  Classifications

 

Level 1:

 

Shall be an employee with no qualifications who performs duties of a routine nature, requiring the use of minimum judgment and supervision.  Employees at this level may include the initial recruit who may have limited relevant experience.

 

Indicative of some of the duties that an employee at this level may perform are car park attendant directing traffic and/or distributing tickets, or handling cash under direct supervision of a Level 2 or higher employee, within a paid parking facility or environment.

 

An employee at his level will be able to communicate with the public in a courteous and tactful manner.  This position will work under close supervision and undergo on-the-job training.

 

Upon completion of 400 hours or 12 weeks of employment would be reclassified to Level 2.

 

Level 2:

 

Shall be an employee who has:

 

(a)        undertaken structured training recognised by the Authority as being relevant; or

 

(b)        completed 400 hours (or 12 weeks) employment at the level required of Level 1.

 

An employee at his level would:

 

Demonstrate a capacity to work in a team environment under routine supervision and assist with the provision of on-the-job training to a limited degree.

 

Where appropriate, hold and maintain first-aid and other qualifications recognised as being in accordance with the safe and effective conduct of duties involving public and employee health and safety.

 

In addition to the requirements of Level 1 employees, the following are indicative of the duties that an employee at this level may perform:

 

Perform cashier functions, including balancing of cash registers (including ticket reconciliation and audit checks).

 

Perform basic keyboard skills.

 

Open/close multi-level car park.

 

Operate flexibly between tasks.

 

Customer/client liaison.

 

Direct traffic within a paid car park.

 

Level 3:

 

An employee at this level shall exercise discretion within one's own level or skill, training and authority.  The employee would have delegated responsibility for work under their control or supervision in terms of allocation of duties, co-ordination or work flows, checking progress, quality or work and resolving problems.

 

In addition to the requirements of a Level 1 and 2 employee, the following is indicative of the duties that an employee at this level may perform:

 

Parking staff team leader, supervising employees at Level 1 and 2.

 

Any Level 2 employee whose duties include cashier functions, required to work on a Saturday and/or on a Sunday, shall be classified as a Level 3 employee and paid as such for all time worked on those days.

 

Level 4:

 

Shall be an employee who subject to broad guidance of direction, reports to more senior staff as required and has appropriate levels of experience an/or qualifications commensurate with the duties.  In addition to the requirements of Level 1,2 and 3 employees, the following is indicative of the duties an employee at this level may perform:

 

An event staff supervisor;

 

Supervising employees at Levels 1, 2 and 3.

 

3.  Rates of Pay

 

(i)         The minimum rates of pay for employees covered by this award shall be those set out in clause 26, Monetary rates.

 

(ii)

 

 

(iii)       The classifications (Skills/Definitions) for employees covered by this award shall be those set out in clause 2 - Classifications.

 

4.  Income Protection Plan

 

All employees shall be covered by an income protection policy nominated by the Union.  The employer shall bear the cost of the policy which shall be as follows:

 

Permanent employees - 1.44 per cent of income (includes payment of overtime)

 

Casual employees - 1.02 per cent of income (does not include payment of overtime)

 

5.  Conditions of Engagement - Full-Time, Part-Time and Fixed-Term Employees

 

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

 

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

 

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

 

(iv)       A fixed -term employee is an employee who is engaged 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 in writing.

 

Fixed-term employees may be engaged where the duration of the work is finite, or for the duration of a specified project or task.

 

(v)        Full-time, part-time  and fixed-time employees shall be engaged by the week and their engagement shall only be terminated by the employer or employee giving the notice prescribed by the Parking Attendants, &c. (State) Consolidated Award, or by payment or forfeiture, as the case may be, of the appropriate wage in lieu of notice.

 

(vi)       The provisions outlined in subclause (v) shall not affect the right of the employer to dismiss any employee without notice for misconduct or other neglect of duty.

 

(vii)      Notwithstanding the provisions applying to paid leave, the employer shall have the right to deduct payment for time lost by any employee who fails to attend for duty without leave to absent himself/herself for actual time of such non-attendance.

 

(vii)      Where an employee’s commencing or finishing times are such that public transport will not be available, the employer shall either:

 

(a)        allow such employee to park a motor vehicle at or adjacent to the worksite at no charge; or

 

(b)        provide transport to and from the nearest available public transport at no cost to the employee.

 

(viii)     The employer shall use its best endeavours to ensure that start and finish times are rostered so as to allow employees to use public transport to and from the work site without undue delay after completing or prior to commencing a shift.

 

6.  Hours of Work - Full-Time, Part-Time and Fixed-Term Employees

 

(i)         The ordinary hours of work, exclusive of meal times, shall not exceed an average of 38 per week, between the hours of 7.00 a.m. and 11.00 p.m.  The ordinary hours of work may be extended to 6.00 a.m. and 2.00 a.m. to cover special events, provided that management gives all employees involved seven clear days notice of the extension of ordinary hours, or upon agreement between the employer and employee.

 

(ii)        Where employees are required to work outside the ordinary hours of work, employees will be paid a loading of 15 per cent for hours worked (other than overtime hours) between 11.00 p.m. and 7.00 a.m. or the extended hours of 2.00 a.m. and 6.00 a.m. in accordance with subclause (i) of this clause.

 

(iii)       Notwithstanding the provision of subclauses (i) and (ii), the ordinary hours of work for an employee engaged in the safeguarding of property shall not exceed an average of 38 hours per week, and may be worked as ordinary hours any hour of the day.  This provision shall only apply to employees classified as Level 3 or 4 under this award.

 

(iv)       The employer shall arrange the working of the 38 hours per week:

 

(a)        by employees working less than eight hours per day;

 

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

 

(c)        by working up to ten hours on one or more days in the week.

 

(v)        Employees shall be entitled to receive four sets of two consecutive days off in each 28-day period.

 

(vi)       Notwithstanding the provision of subclauses (i) and (iii), the employer and employee may agree to change the rostered time of ordinary hours by one week’s notice or the consent of the employees at any time.

 

(vii)      The employer shall ensure that available ordinary hours are offered equitably to permanent employees, so as to ensure that each employee has an opportunity to work both on weekdays and weekends.

 

7.  Casual Employees

 

(i)         Subject to subclause (v), 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 clause 26, Monetary Rates, for all hours worked Monday to Sunday, regardless of start and finish times.

 

(ii)        The casual hourly rate contained in this award contains a component in lieu of any entitlement of sick leave, bereavement leave, and annual leave.

 

(iii)       A casual employee shall receive a minimum payment of three hours for each engagement, to be worked consecutively, except in the case of training sessions, which shall be two hours.

 

(iv)       Casual rosters may be changed by management, provided that shifts are not shortened to less than the minimums referred to above.  Further, employees shall be advised of their anticipated finishing time at the commencement of a shift.

 

(v)        Casual employees who are required to work on a public holiday shall be entitled to double time and one-half of the base weekly pay rate for each hour worked on the public holiday.

 

(vi)       Where a casual employee is required to work 14 hours or more in any 24-hour period, the casual employee shall have at least ten consecutive hours off duty before their next engagement.

 

8.  Meal Breaks

 

(i)         Employees shall be entitled to an unpaid meal break of 30 minutes, which should be taken no more than five hours after commencing duty.

 

(ii)        Employees working more than six hours per day (excluding breaks) shall also be entitled to two paid 10-minute rest breaks either side of the unpaid meal break.

 

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

 

(iv)       Notwithstanding the provisions of subclause (i), the employer and employee can determine the appropriate time to take a meal break by mutual agreement.

 

(v)        Staff engaged as casual employees 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 (ii) above, with a 30-minute paid meal break where work continues beyond eight hours in a shift.

 

(vi)       An employee required to work through a period when a meal break should be taken shall receive overtime for the time so worked at the rate of time and a half of the base ordinary weekly rate or time off in lieu.

 

9.  Excess Hours Worked - Full-Time, Part-Time and Fixed-Term Employees

 

(i)         All hours worked in excess of an average of 38 hours in any one week outside the spread of hours prescribed in subclause (i) of clause 6, Hours of Work - Full-time, Part-time and Fixed-term Employees, or in excess of ten hours in one day, shall be paid as overtime or given as time off in lieu.  This subclause does not apply to casual employees.

 

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

 

(iii)       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.

 

(iv)       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.

 

(v)        An employee (other than a casual employee) who works so much overtime 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 consecutive hours off duty between those times, shall be released after the completion of such overtime until ten consecutive hours have been allowed without loss of pay for ordinary working time occurring during such absence.

 

(vi)       For the purpose of this clause, "excess hours" means "overtime".

 

(vii)

 

(a)        Subject to sub-clause (b), an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

(b)        An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable.

 

(c)        For the purposes of sub-clause (b) what is unreasonable or otherwise will be determined having regard to:

 

(i)         any risk to employee health and safety;

 

(ii)        the employee’s personal circumstances including any family and carer  responsibilities;

 

(iii)       the needs of the workplace or enterprise;

 

(iv)      the notice (if any) given by the employer of the overtime and by the  employee of his or her intention to refuse it; and

 

(v)       any other relevant matter

 

10.  Public Holidays

 

(i)         The days on which New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day or any proclaimed day in lieu thereof for the State 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.

 

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

 

(ii)        In addition to the holidays prescribed in subclause (i) above, full-time, part-time and fixed-term employees shall be entitled to take a paid picnic day which shall be observed on the first Monday in August or which shall be taken at a time mutually agreeable to the employer and the employee(s).

 

(iii)       Any full-time, part-time or 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.

 

(iv)       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.

 

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

 

(vi)       Casual employees who are required to work on a public holiday shall be entitled to double time and one-half of the base weekly pay rate for each hour worked on the public holiday.

 

11.  Sick Leave

 

(i)         All full-time employees shall be entitled to 76 hours sick leave per year.  Part-time employees shall be entitled to a proportionate amount of sick leave based on the number of ordinary hours worked by such an employee.

 

(ii)        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.

 

(iii)       An employee shall not be entitled to sick leave for any period in respect of which such employee is entitled to workers’ compensation.

 

(iv)       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.

 

(v)        Where an employee is absent for more than one consecutive day, or more than five single days in one year, the employee shall provide the employer with a doctor’s certificate.  For the purposes of this clause, a year shall commence from the employee’s anniversary of employment.

 

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

 

12.  Personal/Carer's Leave

 

(i)         Use of Sick Leave:

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 12(i)(c)(ii) 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 11, 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.

 

(b)        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.

 

(c)        The entitlement to use sick leave in accordance with this subclause is subject to:

 

(i)         the employee being responsible for the care of the person concerned;  and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

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

 

(c)        a child or an adult child (including an adopted child, a stepchild, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

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

 

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

 

(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 relatives of the other; and

 

(3)        "household" means a family group living in the same domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave, and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence.

 

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 24, Grievance and Dispute Resolution Procedures, should be followed.

 

(ii)        Unpaid Leave for Family Purpose:

 

(a)        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 12(i)(c)(ii) above who is ill or who requires care due to an unexpected emergency.

 

(iii)       Annual Leave:

 

(a)        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.

 

(b)        Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(c)        An employee and employer may agree to defer payment of annual leave loading in respect of single-day absences until at least five consecutive annual leave days are taken.

 

(d)        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.

 

(iv)       Time Off in Lieu of Payment For Overtime:

 

(a)        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.

 

(b)        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.

 

(c)        If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 12-month period or on termination.

 

(d)        Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with the award.

 

(v)        Make-up Time:

 

(a)        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.

 

(b)        An employee on shift work may elect, with the consent of the employer, to work "make-up time" (under which the employee takes time off ordinary hours and works these hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(vi)       Personal Carers Entitlement for casual employees -

 

(1)        Subject to the evidentiary and notice requirements in 12(i)(b) 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 12(i)(c)(ii) 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.

 

13.  Bereavement Leave

 

(i)         An employee other than a casual shall be entitled to up to a maximum of three days bereavement leave without a deduction of pay on each occasion of the death of a person prescribed in (iii) below.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take bereavement leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

(iii)       Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carers Leave in 12(i)(c) provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       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.

 

(v)        Bereavement leave may be taken in conjunction with other leave available under clause 12(ii). (iii), (iv) and (vi).  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

(vi)       Bereavement entitlements for casual employees

 

(a)        Subject to the evidentiary and notice requirements in 13(ii) 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 12(i)(c)(ii) of clause 12, Personal / Carer's Leave.

 

(b)        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.

 

(c)        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.

 

14.  Parental Leave

 

(1)        Refer to 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).

 

(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.

 

The rights of an employer in relation to engagement and re-engagement of casual employees are not affected, other than in accordance with this clause.

 

(3)        Right to request

 

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

 

(i)         to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

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

 

(iii)       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.

 

(b)        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.

 

(c)        Employee's request and the employer's decision to be in writing

 

The employee's request and the employer's decision made under 3(a)(ii) and 3(a)(iii) must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where an employee wishes to make a request under 3(a)(iii), 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.

 

(4)        Communication during parental leave

 

(a)        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:

 

(i)         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

 

(ii)        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.

 

(b)        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.

 

(c)        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 paragraph (a).

 

15.  Anti-Discrimination

 

(i)         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.

 

(ii)        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.

 

(iii)       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.

 

(iv)       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.

 

(v)        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.”

 

16.  Redundancy

 

The provisions of clause 29, Redundancy, of the Parking Attendants, &c. (State) Consolidated Award shall apply to those engaged pursuant to the provisions of this award.

 

17.  Payment of Wages

 

Wages will be paid weekly or fortnightly in arrears by electronic funds transfer ("EFT"), and no later than 72 hours from the end of the pay period.

 

18.  Annual Leave and Annual Leave Loading

 

(i)         Full-time and part-time employees shall receive annual leave of five weeks per annum, plus 17.5 per cent annual leave loading, upon the completion of 12 months service.

 

(ii)        The loading referred to in subclause (i) above shall be paid to all weekly employees, upon the anniversary of their entitlement, as a lump sum.

 

(iii)       Fixed-term employees who are engaged on a contract of less than 12 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 12 months in total, as an aggregate of full-time, part-time or casual employment.

 

19.  Job Representative

 

(i)         A job representative appointed by the employees shall be allowed the necessary time during working hours to interview the supervisor or officer in charge on matters affecting the employees whom he/she represents.

 

(ii)        The Liquor, Hospitality and Miscellaneous Union job delegates who are permanent employees shall be allowed up to five days paid leave per year to attend approved courses run by the union.

 

20.  Labour Flexibility

 

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.

 

21.  Uniforms and Protective Clothing

 

Employees are required to wear a uniform.  The employer will provide the following items of uniform:

 

(i)         shirt;

 

(ii)        hat; and

 

(iii)       other items from time to time.

 

Employees are responsible for supplying basic items of uniforms (such as black trousers, black shoes and socks) complying with the employer’s uniform policy.  Protective clothing and very cold weather clothing will be supplied on an as required basis to the employees free of charge and will remain the property of the employer.  Upon termination of employment all uniforms and property belonging to the employer shall be returned by the employee to the employer.  The employer reserves the right to withhold all wages due pending receipt of all property of the employer.

 

22.  Tools and Equipment

 

All tools and equipment required by the employee(s) to perform their duties shall be provided by the employer.

 

23.  Change Rooms and Amenities

 

The employer shall provide limited change room facilities for the use of the employee(s), free of charge.  Such change room facilities shall be equipped with hot and cold showers and shall be fitted with locker accommodation where practicable.

 

Further, employees shall have access to fresh water at their work sites.

 

24.  Grievance and Dispute Resolution Procedures

 

(i)         Procedures relating to grievances of individual employees:

 

(a)        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.

 

(b)        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.

 

(c)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(d)        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.

 

(e)        While a procedure is being followed, normal work must continue.

 

(f)         The employee may be represented by the union for the purpose of each procedure.

 

(ii)        Procedures relating to disputes, etc., between the employer and the employees:

 

(a)        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 levels of authority.

 

(b)        Reasonable time limits must be allowed for discussion at each level of authority.

 

(c)        While a procedure is being followed, normal work must continue.

 

(d)        The employer may be represented by an industrial organisation of employers and the employees may be represented by the union for the purpose of each procedure.

 

25.  Union Dues

 

Union Dues

 

(i)         The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

 

(a)        the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

 

(b)        the Union shall advise the employer of the amount to be deducted for each pay period applying at the employer’s workplace and any changes to that amount;

 

(c)        deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

 

(d)        there shall be no requirement to make deductions for casual employees with less than two months’ service (continuous or otherwise).

 

(ii)        The employee’s authorisation shall be in writing and shall authorise deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union’s rules) that the Union advises the employer to deduct.  Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee’s consent to do so.  Such consent may form part of the written authorisation.

 

(iii)       Monies so deducted from employees’ pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer’s election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees’ membership accounts, provided that:

 

(a)        where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five percent of the monies deducted; and

 

(b)        where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

 

(iv)       Where the employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

 

(v)        The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year.  Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly or quarterly as the case may be.  The Union shall give the employer a minimum of two months’ notice of any such change.

 

(vi)       An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

 

(vii)      Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of Union membership fees to cease.

 

26.  Monetary Rates

 

(i)         The rates of pay in this award include the adjustments payable under the State Wage Case 2007.  These adjustments may be offset against:

 

(a)        any equivalent overaward payments; and/or

 

(b)        award wage increases since 29 May 1991 other than safety net, State Wage Case and minimum rates adjustments.

 

(ii)        The parties agree that the monetary rates will be automatically adjusted in line with the monetary outcomes or percentage adjustments of future State Wage Case decisions of the Industrial Relations Commission.

 

(iii)       The following shall be the ordinary hourly rates for employees engaged between Monday and Sunday, excluding public holidays:

 

 

27.  No Extra Claims

 

It is a term of this award that the union undertakes not to pursue any extra claims, award or overaward, of a general nature, for the duration of the award.

 

28.  No Reduction of Entitlements

 

No existing employee at the date of the implementation of this award shall suffer a reduction in either conditions or rates of pay, whether award based or not, simply as a consequence of the existence of this award and its impacting on their employment.

 

29.  Payroll Advice

 

All employees shall be issued with a written payroll advice indicating all deductions made from the wage, classification and hourly rate of pay, superannuation details, gross and net pay for the pay period within five working days of the completion of the pay period concerned.

 

30.  Union Membership

 

(i)         The employer shall allow an accredited official of the union to speak with employees during any induction course which might be held, and shall ensure that all new employees receive a union membership application.

 

31.  Secure Employment

 

(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 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 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 six 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)        Occupational Health 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 occupational health and safety consultative arrangements;

 

(2)        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;

 

(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 Occupational Health and Safety Act 2000 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.

 

32.  Area, Incidence and Duration

 

(i)         This award shall regulate the terms and conditions of employment of parking attendants, as defined in Clause 3(ix) of the Parking Attendants &c. (State) Consolidated Award, employed in those classifications as described in clause 2 of this award and who perform work at car park facilities, from time to time, for an employer contracted to provide these services by the Sydney Olympic Park Authority and/or its successor.

 

(ii)        This award rescinds and replaces the Sydney Olympic Park Paid Parking (State) Award 2001 published 17 May 2002 (333 I.G. 575).

 

(iii)       This award remains in force for a period of 3 years from 14 September 2007.

 

 

 

J. McLEAY, Commissioner

 

 

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Printed by the authority of the Industrial Registrar.