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New South Wales Industrial Relations Commission
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SYDNEY OLYMPIC PARK VISITORS SERVICES (STATE) AWARD 2002
  
Date09/27/2002
Volume336
Part4
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C1280
CategoryAward
Award Code 1639  
Date Posted09/26/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1639)

SERIAL C1280

 

SYDNEY OLYMPIC PARK VISITORS SERVICES (STATE) AWARD 2002

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, an industrial organisation of employees.

 

(No. IRC 2204 of 2002)

 

Before Commissioner Macdonald

23 May 2002

 

AWARD

 

1.  Title

 

This award shall be known as the Sydney Olympic Park Visitors Services (State) Award 2002.

 

2.  Arrangement

 

PART A

 

Clause No.      Subject Matter

 

1.         Title

2.         Arrangement

3.         Intention

4.         Rates of Pay

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.       Anti-Discrimination

13.       State Personal/Carer's Leave

14.       Bereavement Leave

15.       Parental Leave

16.       Redundancy

17.       Training Wage

18.       Payment of Wages

19.       Annual Leave and Annual Leave Loading

20.       Job Representative

21.       Labour Flexibility

22.       Uniforms and Protective Clothing

23.       Tools and Equipment

24.       Change Rooms and Amenities

25.       Grievance and Dispute Resolution Procedures

26.       Area, Incidence and Duration

27.       No Extra Claims

28.       No Reduction of Entitlements

29.       Payroll Advice

30.       Superannuation

31.       Rehabilitation Services

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

PART C

 

CLASSIFICATIONS

 

3.  Intention

 

The principal intentions of this award are:

 

(i)         to promote harmonious industrial relations at the Sydney Olympic Park site as defined in clause 26, Area, Incidence and Duration;

 

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

 

(iii)       to facilitate the development of a multi-skilled workforce;

 

(iv)       to establish flexible operational arrangements to meet the needs of the employer, its clients and those of the workforce;

 

(v)        to establish the Sydney Olympic Park as world-class sporting, leisure, cultural, educational, commercial, tourist, entertainment and environmental venue;

 

(vi)       to provide the workforce with a comprehensive information service regarding their wages, conditions of employment and other related matters.

 

4.  Rates of Pay

 

(i)         The minimum rates of pay for employees covered by this award shall be those set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

(ii)

 

Junior Rates

Percentage of Appropriate Rate

At 18 years

75

At 19 years

85

At 20 years

100

 

(iii)       The classifications (skills/definitions) for employees covered by this award shall be those classifications set out in Part C, Classifications.

 

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 of 38 hours per week, Monday to Sunday.

 

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

 

(iv)       Full-time and part-time employees shall be engaged by the week and their engagement shall only be terminated by the employer or employee by the giving of one week's notice or by the payment in lieu or forfeiture, as the case may be, of the appropriate wage in lieu of notice.

 

(v)        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 the employee.

 

(vi)       The provisions outlined in subclauses (iv) and (v) of this clause 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 an employee who fails to attend for duty without leave to absent himself/herself for the actual time of such non-attendance.

 

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, Monday to Sunday, between the hours of 7.00 a.m. and 11.00 p.m.  The ordinary hours may be extended to between 6.00 a.m. and 2.00 a.m. to cover special events, provided that the employer gives the relevant employees seven days' notice of the extension of ordinary hours, or upon agreement between the employer and the employee.

 

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

 

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

 

(iv)       The employer shall arrange the working hours 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;

 

(c)        by employees 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 provisions of subclauses (i) and (iii) of this clause, 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.

 

7.  Casual Employees

 

(i)         Subject to subclause (v) of this clause, 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 1 - Rates of Pay, of Part B, 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 to sick leave, bereavement leave, long service leave and annual leave.  Moreover, casual employees shall not be entitled to claim the benefits of clause 13, State Personal/Care's Leave, clause 16, Redundancy, clause 18, Payment of Wages, and clause 21, Labour Flexibility.

(iii)       A casual employee shall receive a minimum payment of four hours for each engagement, to be worked consecutively, except in the case of tour guides or 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.  However, nothing in this subclause shall be construed to affect the employer's right to shorten an engagement after it has commenced.

 

(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 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)         All employees shall be entitled to the following meal breaks:

 

(a)        when required to work no more than four hours - one 10 minute paid break.

 

(b)        when required to work more than four but no more than six hours - two 10 minute paid breaks.

 

(c)        when required to work an eight hour shift - two 10 minute paid breaks and a 30 minute unpaid break.

 

(d)        when required to work more than two hours after having worked an eight hour shift - an additional 10 minute paid break after every additional two hours' work.

 

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

 

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

 

(iv)       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.

 

(v)        An employee who is required to work for a continuous period amounting to more than five hours from the time of commencing work shall be entitled be absent from work until the employee has had 10 consecutive hours off duty.  Should the said 10 hours or any part thereof coincide with the employees ordinary hours of work or the next shift, the employee shall be paid at ordinary rates for the time which falls within the employees ordinary hours of work or the next shift.

 

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

 

(i)         All hours worked in excess of an average of 38 in any one week outside the spread of hours prescribed in subclause (i) of clause 6, Hours or Work (Full-time, Part-time and Fixed-term Employees), or in excess of 10 hours on 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 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 10 consecutive hours off duty between those times, shall be released after the completion of such overtime until 10 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.

 

10.  Public Holidays

 

(i)         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 are observed 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 any of the abovementioned holidays 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) of this clause, 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 December or which shall be taken at a time mutually agreeable to the employer and the employee(s), provided that the employee shall provide to the employer proof of purchase of a ticket to the AWU's picnic day function, 10 working days prior to the event.

 

(iii)       Any full-time, part-time or fixed-term employee who is required to work on a public holiday shall be entitled to 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(s) 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)         A full-time, part-time or fixed-term employee shall be entitled to 10 days' sick leave pro rata per year.  Part-time employees shall be entitled to a proportionate amount of sick leave.

 

(ii)        If the full period of sick leave is not taken on 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.

 

(vi)       The employee shall, wherever possible, prior to the commencement of the absence of sick leave, inform the employer of his/her 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.  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 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 obligation in addition to those imposed upon the parties by the legislation referred to in this clause.

 

Notes:

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

“Nothing in 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.”

 

13.  State 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 subparagraph (2) of paragraph (c) of this subclause, who needs the employee's care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement provided for in clause 11, Sick Leave, for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

(b)        The employee shall, if required, establish, by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer's leave under this subclause where another person has taken leave to care for the same person.

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

 

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

 

(2)        the person concerned being:

 

(i)         a spouse of the employee; or

 

(ii)        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

 

(iii)       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

 

(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 paragraph:

 

"relative" means a person related by blood, marriage or affinity;

 

"affinity" means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

 

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

 

(3)        An employee shall, wherever practicable, give the employer notice, prior to the absence, of the intention to take leave, the name of the person requiring care and 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.

 

(ii)        Unpaid leave for family purpose

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subparagraph (2) of paragraph (c) of subclause (i) who is ill.

 

(iii)       Annual leave

 

(a)        An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods, or part thereof, in any calendar year at a time or times agreed by the parties.

 

(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.

 

(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 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 those hours at a later time), at the shift work rate which would have been applicable to the hours taken off.

 

(vi)       Rostered days off (RDOs)

 

(a)        An employee may elect, with the consent of the employer, to take an RDO at any time.

 

(b)        An employee may elect, with the consent of the employer, to take RDOs in part day amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all RDOs for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employee or employer.

 

(d)        This subclause is subject to the employer informing each union which is both party to the award and which has members employed at the particular enterprise of its intention to introduce an enterprise system of RDO flexibility and providing a reasonable opportunity for the union to participate in negotiations.

 

14.  Bereavement Leave

 

A full-time, part-time or 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 the death within Australia of a member of the employee's family or household prescribed in paragraph (c) of subclause (i) of clause 13, State Personal/Carers' Leave

 

Provided further that an employee on a weekly hiring shall be entitled to a maximum of two days' leave without loss of pay on each occasion and on the production of satisfactory evidence of the death outside Australia of a member of the employee's family or household prescribed in paragraph (c) of subclause (i) of clause 13, and where such employee travels outside Australia to attend the funeral.

 

Bereavement leave may be taken in conjunction with other leave available under clause 13, State Personal/Carers' Leave.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the employer.

 

15.  Parental Leave

 

A full-time, part-time or fixed-term employee shall be entitled to parental leave pursuant to the provisions of the Industrial Relations Act 1996.

 

16.  Redundancy

 

See the Theatrical Employees Redundancy (State) Award published 15 December 2000 (321 I.G. 20).

 

17.  Training Wage

 

See the New South Wales Theatrical Employees (Training Wage) (State) Award published 1 November 1996 and award review published 8 February 2002 (331 I.G. 198).

 

18.  Payment of Wages

 

Wages will be paid weekly in arrears by electronic funds transfer (EFT).

 

19.  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% annual leave loading, upon the completion of each 12 months' service.

 

(ii)        The loading referred to in subclause (i) of this clause 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.

 

20.  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 Australian Workers' Union, New South Wales, job delegates who are full-time employees shall be allowed up to five days' paid leave per year to attend approved courses run by the union.

 

(iii)       Casual employees appointed as job representatives shall be provided paid leave up to eight hours in a calendar year to attend union-sponsored training, provided that not more than two individuals are nominated for such training per calendar year by the union.

 

21.  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.

 

22.  Uniforms and Protective Clothing

 

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

 

(i)         shirt;

 

(ii)        hats; and

 

(iii)       other items from time to time.

 

Employees are responsible for supplying basic items of uniform (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 issued to the employee.

 

23.  Tools and Equipment

 

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

 

24.  Change Rooms and Amenities

 

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

 

Employees required to work out in the open shall be issued with block-out cream.

 

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

 

25.  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 a 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, work must continue as directed by the employer.

 

(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.

 

26.  Area, Incidence and Duration

 

(i)         This award shall regulate the terms and conditions of employees engaged within the scope of the classification structure contained in subclause (iii) of clause 4, Rates of Pay, to perform such functions as therein described at the Sydney Olympic Park, Homebush, and employed by an employer contracted to provide such services by the Sydney Olympic Park Authority and/or its successor.

 

(ii)        This award shall take effect on and from 23 May 2002 and shall remain in force until 30 April 2004.

 

(iii)       This award shall not apply to employees engaged by the operators (or subcontractors) of the following:

 

(a)        Sydney International Athletics Centre;

 

(b)        Sydney International Aquatic Centre;

 

(c)        State Sports Centre;

 

(d)        Royal Agricultural Society Showground site;

 

(e)        Stadium Australia (Olympic Stadium);

 

(f)         Sydney SuperDome;

 

(g)        Sydney International Tennis Centre;

 

(h)        Novotel/ Ibis Hotel;

 

and this award shall not apply to any future venues, of any description, and/or structures created at the Sydney Olympic Park.

 

27.  No Extra Claims

 

It is a term of this award that the union undertakes not to pursue any extra claims, award or over-award, of any  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 deduction made from the wage, classification and hourly rate of pay, superannuation details, gross and net pay for the period, within five working days of the completion of the pay period concerned or otherwise as required to comply with the requirements of the Industrial Relations Act 1996.

 

30.  Superannuation

 

The employer shall make superannuation contributions into a complying fund on behalf of all eligible employees in accordance with the relevant Commonwealth legislation excepting that the employer shall be required to make the said contribution on a monthly basis.

 

The Australian Public Superannuation Fund (APS) is recognised as the industry-complying fund.

 

31.  Rehabilitation Services

 

Notwithstanding the employers right to choose an appropriate rehabilitation provider, Australian Injury Management Pty Limited (AIM) is recognised as a suitable rehabilitation provider.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

The following shall be the ordinary hourly rates for employees engaged between Monday and Sunday, excluding public holidays.

 

Classification

Weekly Employees (per hour)

Casual Hourly Rates

Level 1

$13.00

$15.80

Level 2

$14.60

$17.75

Level 3

$16.25

$19.75

Level 4

$19.35

$23.50

 

The parties agree that the monetary figures contained in this award reflect the outcome of the 2001 State Wage Case.  Further, it is also agreed that the above rates will be adjusted in line with the monetary outcomes or percentage adjustments of the 2002 and 2003 State Wage Cases.

 

PART C

 

CLASSIFICATIONS

 

Level 1

 

Shall be 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.

 

Indicative of some of the duties that an employee at this level may perform are car park attendant and event marshall.

 

An employee at this 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 of employment, an employee would be reclassified to Level 2.

 

Level 2

 

Shall be an employee who has:

 

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

 

(b)        completed 400 hours' employment at the level required of a Level 1 operative or equivalent work within the Leisure and Recreation Venue Management Sector, including acting as a traffic controller in regard to avenue or event at which this award applies.

 

An employee at this 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; and

 

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; and

 

undertake retail transactions and/or be responsible for the presentation of tours or information sessions.

 

In addition to the requirements of Level 1 employees, the following are indicative of the duties that an employee at this level may perform - ticket sales agent, venue tour guide, general operational assistant, event staff centre and communications centre staff.

 

Level 3

 

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

 

In addition to the requirements of Level 1 and 2 employees, the following is indicative of the duties that an employee at this level may perform - event staff team leader, supervising employees at Levels 1 and 2.

 

Level 4

 

Shall be an employee who, subject to broad guidance or direction, reports to more senior staff as required and has appropriate levels of experience and/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 supervisor, supervising employees at Levels 1, 2 and 3.

 

 

 

A. W. MACDONALD, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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