CASINO CONTROL AUTHORITY - CASINO INSPECTORS (TRANSFERRED FROM
DEPARTMENT OF GAMING AND RACING) AWARD 2004
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5637 of 2003)
Before Commissioner
Ritchie
|
26 March 2004
|
REVIEWED AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Increments
4. Leave
5. Annual
Leave Loading
6. Family and
Community Service Leave/Personal Carer's Leave
7. Hours
8. Overtime
9. Shiftwork
Arrangements
10. Car
Parking
11. Higher
Duties
12. Grievance
and Dispute Settling Procedures
13. Anti-Discrimination
14. Deduction
of Union Membership fees
15. Salary
Sacrifice to Superannuation
16. Salary
Packaging Arrangements
17. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1- Rates of Pay
1. Definitions
"Act" means the Casino Control Act 1992.
"Association" means the Public Service Association
of New South Wales and the Professional Officers’ Association Amalgamated Union
of New South Wales.
"Authority" means the New South Wales Casino
Control Authority constituted under the Act.
"Casino" means premises or part of premises, defined
as a casino under section 19 of the Act.
"Chief Executive" means the Chief Executive of
Casino Control Authority.
"Employee" means and includes persons employed on
a full-time or part-time shift work basis in the position of Inspector or
Supervising Inspector within the Casino.
"PEO" means the Public Employment Office.
"Personnel Handbook" means the personnel handbook
of the NSW Public Service as published at the date of this award and updated
from time to time.
"Preliminary Training Rate" means the salary rate
paid to Inspectors and/or Supervising Inspectors during their initial training
period. Payment of this rate will cease immediately Inspectors and/or
Supervising Inspectors commence shiftwork.
"Roster Cycle" means working 15 shifts at the casino
and attending one training day of five hours over a five week cycle.
"Shift" means a period working 11 hours 20 minutes
plus a 40 minute unpaid meal break but including two 15 minute paid crib
breaks.
"Training Day" means one day of five hours for the
purposes of providing additional training during a roster cycle.
"Working Day" under Clause 12 means any day except
Saturday, Sunday or a public holiday in New South Wales.
"Family" under Clause 6 is the person who needs
the employee's care and support and is referred to as the "person
concerned" and is:
(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 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 step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis.
"Relative" under Clause 6 is a member of the same household
of the employee, where for the purposes of this definition:
(a) "relative"
means a person related by blood, marriage, affinity or aboriginal kinship
structures;
(b) "affinity"
means a relationship that one spouse or partner has to relatives of the other;
and
(c) "household"
means a family group living in the same domestic dwelling
2. Salaries
Salaries for employees covered by this Award are set out at
Part B Monetary Rates Table 1 - Rates of Pay of the Award. These salaries shall move in accordance with
the Crown Employees (Public Sector - Salaries January 2002) Award or any
variation or replacement award.
The salary rates expressed in this award include a 30%
allowance in full compensation for shift penalties which includes work on
nights, weekends, and public holidays.
3. Increments
(a) The payment of
increments under the scale of salaries prescribed by Part B, Table 1 Rates of
Pay shall be subject to satisfactory performance and the approval of the Chief
Executive.
(b) Subject to satisfactory
performance, including training and development requirements for employees,
permanent employees will progress along the relevant incremental rate of pay
scale at the completion of each year of continuous employment.
4. Leave
Annual Leave:
Employees shall be entitled to 140 hours annual leave per
annum plus the dollar equivalent of 35 hours recreation leave in lieu of work
performed on Sundays and public holidays.
This payment shall commence from 1/12/98 with the payment to be made, at
the end of each leave year. All other
provisions for annual leave are as contained in the Personnel Handbook and/or
Public Sector Employment and Management Act 2002 and General Regulation.
Other Leave:
The provision for all other forms of leave as prescribed by
the Personnel Handbook and/or Public Sector Employment and Management
Act 2002 shall apply except that the time shall accrue and be taken as
hours not days.
5. Annual Leave
Loading
Employees are entitled to payment of an annual leave loading
of 17.5% of the monetary value of 140 hours recreation leave accrued in a leave
year. This annual leave loading is
based on the salaries as prescribed in Clause 2, Salaries.
6. Family and
Community Service Leave/Personal Carer's Leave
The Chief Executive may grant family and community service
leave to an employee:
(a) for reasons
related to the family responsibilities of the employee; or
(b) for reasons
related to the performance of community service by the employee; or
(c) in a case of
pressing necessity.
Family and community service leave replaces short leave.
The maximum amount of family and community service leave on
full pay that may be granted to an employee is:
(a) 24.50 hours
during the first 12 months of service and 49 hours in any period of 2 years
after the first year of service; or
(b) 7 hours for
each year of service after 2 years' of continuous service, minus any period of
family and community service leave already taken by the employee,
whichever is the greater period.
Family and community service leave is available to part-time
employees on a pro rata basis, based on the number of hours worked.
Where family and community service leave has been exhausted,
additional paid family and community service leave of up to 14 hours may
granted on a discrete "per occasion" basis on the death of a person
defined in Clause 1 "Definition".
When family and community service leave is exhausted, sick
leave provisions may be used by an employee to care for a sick family member.
Use of sick leave to care for a sick family member -
entitlement
(a) The
entitlement to use sick leave in accordance with this clause is subject to
(i) the employee
being responsible for the care and support of the person concerned, and
(ii) the person
concerned being as defined in Clause 1 "Definition".
(b) An employee
with responsibilities in relation to a person who needs their care and support
shall be entitled to use sick leave available from that year's annual sick
leave entitlement, minus any sick leave taken from that year's entitlement, to
provide care and support for such persons when they are ill.
(c) Sick leave
accumulates from year to year. In
addition to the current year's grant of sick leave, sick leave accrued from the
previous 3 years may also be accessed by an employee with responsibilities in
relation to a person who needs their care and support.
(d) In special
circumstances, the Chief Executive may make a grant of additional sick
leave. This grant can only be taken
from sick leave accrued prior to the period referred to in paragraph c) of this
subclause.
(e) If required, a
medical certificate or statutory declaration must be made by the employee to
establish the illness of the person concerned and that the illness is such to
require care by another person.
(f) The employee
is not required to state the exact nature of the relevant illness on either a
medical certificate or statutory declaration and has the right to choose which
of the two methods to use in the establishment of grounds for leave.
(g) Wherever
practicable, the employee shall give the Chief Executive prior notice of the
intention to take leave, the name of the person requiring care and that
person's relationship to the employee.
They must also give reasons for taking such leave and the estimated
length of absence. If the employee is unable to notify the Chief Executive
beforehand, notification should be given by telephone at the first opportunity
on the day of absence.
(h) In normal
circumstances, the employee must not take leave under this subclause where
another person has taken leave to care for the same person.
7. Hours
(a) The normal hours
of work for full-time employees shall be 175 hours per five week cycle.
(b) The standard
shift starting and finishing times shall be 7 am and 7 pm respectively.
Nevertheless the starting and finishing time may be staggered by up to one hour
as determined by the Chief Executive or delegate in consultation with the
employee.
(c) Normal hours
of work shall be structured to avoid broken periods of duty (i.e. there shall
be no split shifts).
(d) Part-time
employees shall work the same shift duration as full-time employees but the
number and frequency of shifts shall be negotiated having regard to the
exigencies of the Casino Control Authority and then fixed on the same basis as
full-time employees.
8. Overtime
An employee may be directed by the Chief Executive to work
overtime, provided it is reasonable for the employee to be required to do
so. An employee may refuse to work
overtime in circumstances where the working of such overtime would result in
the employee working unreasonable hours.
In determining what is unreasonable the following factors shall be taken
into account:
(a) the employees
prior commitment outside the workplace, particularly the employees family and
carers responsibilities, community obligations or study arrangements;
(b) any risk to
employee health and safety;
(c) the urgency of
the work required to be performed during overtime, the impact on the
operational commitments of the Authority and the effect on client services;
(d) the notice (if
any) given by the Chief Executive regarding the working of the overtime, and by
the employee of their intention to refuse the working of overtime; or
(e) any other
relevant matter.
9. Shift Work
Arrangements
(a) When rostered
for shift work the employees shall be at the Casino for 12 hours which
comprises of 11 hours 20 minutes on duty and an unpaid 40 minute meal
break. There will also be included two
15 minute paid crib breaks.
(b) Employees are
not on duty during a meal break and are not required to answer calls. Employees
shall not be required to work in excess of five hours without a crib break or a
meal break. The meal break should be
taken as near as possible to the middle of the shift.
(c) The rostered
time of a meal break may be varied by up to 15 minutes to suit operational needs.
(d) Shift rosters
once fixed can only be varied, with the approval of the Chief Executive or
delegate. Employees shall ordinarily be given a minimum of eight calendar days
notice of roster change and may voluntarily agree to a change in roster in a
shorter time frame.
(e) Where less
than 48 hours notice is given of changed shift arrangements, employees will be
paid overtime rates for that shift.
(f) There shall
be a minimum of 10 hours break between shifts.
10. Car Parking
Free parking shall be provided for employees at the Casino.
It is not available for employees on training days at locations other than the
Casino.
11. Higher Duties
(a) Higher duties
allowance may be paid on a shift by shift basis dependent on operational
requirements.
(b) Where an
employee performs the whole of the duties and assumes all of the
responsibilities of that more senior position he or she will, subject to
satisfactory performance, be paid the difference between the employee’s present
rate of pay and the rate of pay that the employee would be paid if appointed to
that position.
(c) Where an
employee does not possess the skills necessary to perform the whole of the
duties and responsibilities of the more senior position at the time of
relieving the employee will be paid subject to satisfactory performance an
allowance based upon the proportion of duties actually performed.
12. Grievance and
Dispute Settling Procedures:
(a) All grievances
and disputes relating to the provisions of this award shall initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the Authority, if
required.
(b) An employee is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a meeting to discuss the matter,
and if possible, state the remedy sought.
(c) Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti
Discrimination Act 1977) that makes it impractical for the employee to
advise their immediate manager the notification may occur to the next
appropriate level of management, including where required, to the Chief
Executive or delegate.
(d) The immediate
manager, or other appropriate employee, shall convene a meeting in order to
resolve the grievance, dispute or difficulty within two (2) working days, or as
soon as practicable, of the matter being brought to attention.
(e) If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in order to resolve the
matter. This manager shall respond
within two (2) working days, or as soon as practicable. The employee may pursue the sequence of
reference to successive levels of management until the matter is referred to
the Chief Executive.
(f) The Chief
Executive may refer the matter to the PEO for consideration.
(g) If the matter
remains unresolved, the Chief Executive shall provide a written response to the
employee and any other party involved in the grievance, dispute or difficulty,
concerning action to be taken, or the reason for not taking action, in relation
to the matter.
(h) An employee,
at any stage, may request to be represented by the Association.
(i) The employee
or the Association on their behalf or the Chief Executive may refer the matter
to the New South Wales Industrial Relations Commission if the matter is
unresolved following the use of these procedures.
(j) The Employee,
Association, Authority and PEO shall agree to be bound by any order or
determination by the New South Wales Industrial Relations Commission in
relation to the dispute.
(k) Whilst the
procedures outlined in subclauses (a) to (j) of this clause are being followed,
normal work undertaken prior to notification of the dispute or difficulty shall
continue unless otherwise agreed between the parties, or, in the case involving
occupational health and safety, if practicable, normal work shall proceed in a
manner which avoids any risk to the health and safety of any employee or member
of the public
13.
Anti-Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the objective in
section 3(f)) of the Industrial Relations Act 1996, to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity and age and responsibilities
as a carer;
(b) It follows
that in fulfilling their obligations under the dispute resolution procedures
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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or practice
of a body established to propagate religion which is exempted under section 56
(d) of the Anti-Discrimination Act 1977;
(iv) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(i) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(ii) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
“Nothing in the Act affects … any other act or practice
of a body established to propagate religion that conforms to the doctrines of
that religion or is necessary to avoid injury to the religious susceptibilities
of the adherents of that religion.”
14. Deduction of
Union Membership Fees:
(a) The union
shall provide the employer with a schedule setting out union fortnightly
membership fees payable by members of the union in accordance with the union's
rules.
(b) The union
shall advise the employer of any change to the amount of fortnightly membership
fees made under its rules. Any
variation to the schedule of union fortnightly membership fees payable shall be
provided to the employer at least one month in advance of the variation taking
effect.
(c) Subject to (i)
and (ii) above, the employer shall deduct union fortnightly membership fees
from the pay of any employee who is a member of the union in accordance with
the union's rules, provided that the employee has authorised the employer to
make such deductions.
(d) Monies so
deducted from employee's pay shall be forwarded regularly to the union together
with all necessary information to enable the union to reconcile and credit
subscriptions to employees' union membership accounts.
(e) Unless other
arrangements are agreed to by the employer and the union, all union membership
fees shall be deducted on a fortnightly basis.
(f) Where an
employee has already authorised the deduction of union membership fees 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 continue.
15. Salary Sacrifice
to Superannuation
a) The Chief
Executive of the Authority may enter into agreements with employees for salary
sacrifice for superannuation and/or other agreed benefits within NSW Government
policy.
b) Notwithstanding
the salaries prescribed by clause 2 - Salaries, an employee may elect, subject to
the agreement of the Authority to sacrifice a portion of the salary payable
under clause 2 - Salaries to additional superannuation contributions in excess
of contributions made by the Authority under relevant legislation. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount sacrificed together with any
salary packaging arrangements under clause 15 of this award must not exceed
fifty (50) percent of the salary payable under clause 2 -salaries or fifty (50)
percent of the currently applicable superannuable salary, whichever is the
lesser. In this clause
"superannuable salary" means the employee's salary as notified from
time to time to the New South Wales public sector superannuation trustee
corporations.
c) Where the
employee has elected to sacrifice a portion of that payable salary to
additional employer superannuation contributions:
(i) Subject to
Australian Taxation Law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYG (i.e., Pay As You Go) taxation deductions by
the amount of that sacrificed portion; and
(ii) any
allowance, penalty rate, payment for unused leave entitlements, weekly worker's
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or Statute that is expressed to be determined by reference to an
employee's salary, shall be calculated by reference to the salary which would
have applied to the employee under clause 2 - salaries in the absence of any
salary sacrifice to superannuation made under this award.
(d) The employee
may elect to have the portion of payable salary which is sacrificed to
additional superannuation contributions:
(i) paid into the
superannuation scheme established under the First State Superannuation Act 1992
as optional employer contributions; or
(ii) subject to
the Authority’s agreement, paid into a private sector complying superannuation
scheme as employer superannuation contributions.
(e) Where an
employee elects to salary sacrifice in terms of sub-clause (c) the Authority
will pay the sacrificed amount into the relevant superannuation fund.
(f) Where the
employee is a member of a superannuation scheme established under:
(i) the Police
Regulation (Superannuation) Act 1906;
(ii) the Superannuation
Act 1916;
(iii) the State
Authorities Superannuation Act 1987;
(iv) the State
Authorities Non-contributory Superannuation Act 1987; or
(v) the First State
Superannuation Act 1992,
the Authority must ensure that the amount of any
additional employer superannuation contributions specified in subclause (a) of
this clause is included in the employee’s superannuable salary that is notified
to the New South Wales public sector superannuation trustee corporations.
g) Where, prior
to electing to sacrifice a portion of his/her salary to superannuation, an employee had entered into
an agreement with the Authority to have
superannuation contributions made to a superannuation fund other than a fund
established under legislation listed in subclause (f), the Authority will
continue to base contributions to that fund on the salary payable under clause
2 - salaries to the same extent as applied before the employee sacrificed
portion of that salary to superannuation.
This clause applies even though the superannuation contributions made by
the Authority may be in excess of superannuation guarantee requirements after
the salary sacrifice is implemented.
16. Salary Packaging
Arrangements
(a) By mutual
agreement with the Authority, an employee may, from time to time, elect to
receive:
(i) a benefit or
benefits selected from those approved from time to time by the PEO; and
(ii) a salary
equal to the difference between the salary prescribed for the employee by
clause 2 - Salaries of this Award, and the amount specified by the PEO from
time to time for the benefit provided to or in respect of the employee in
accordance with such agreement.
b) The agreement
shall be recorded in writing and shall be known as a Salary Packaging
Agreement.
c) A Salary
Packaging Agreement shall be for a period of up to twenty four months, unless a
different period is mutually agreed between the employee and the Authority at
the time of signing the Salary Packaging Agreement.
d) The PEO may
vary the range and type of benefits available from time to time following
discussion with the Association. Such
variations shall be applied by the Authority to any existing or future Salary
Packaging Agreement from date of such variation.
e) The PEO will
determine from time to time the value of the benefits provided following
discussion with the Association. Such
variations shall apply to employees of the Authority in relation to any
existing or future Salary Packaging Agreement from the date of such
variation. In this circumstance, the
employee may elect to terminate the Salary Packaging Agreement immediately.
17. Area, Incidence
and Duration:
This award covers casino inspectors transferred to the
Casino Control Authority as a result of the Casino Control Act 1992 from
the Department of Gaming and Racing on 1 July 2001. Casino Inspectors recruited after 30 June 2001 are not under this
award but are employed under the Casino Control Act 1992.
This award is made following a review under section 19 of
the Industrial Relations Act 1996 and rescinds and replaces the Crown
Employees (Casino Inspectors, Department of Gaming and Racing) Award published
on 11 August 2000 (317 1G 964) and all the variations thereof.
Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards made
by the Industrial Relations Commission of New South Wales on 28 April 1999 (310
1G 359) and take effect on and from 26 March 2004.
This award remains in force until varied or rescinded, the
period for which it was made having already expired.
PART B
MONETARY RATES
Table 1 - Rates of
Pay
(a) Preliminary
Training Rates - Inspectors
Classification
|
$ as and from
01/07/2003
|
Inspector - 1st Year of Service
|
47,023
|
Inspector - 2nd Year of Service
|
48,468
|
Inspector - 3rd Year of Service
|
52,252
|
Thereafter
|
53,901
|
(b) Salary Rates -
Inspectors
Classification - Inspector
|
$ as and from
01/07/2003
|
1st Year of Service
|
61,130
|
2nd Year of Service
|
63,008
|
3rd Year of Service
|
67,928
|
Thereafter
|
70,071
|
(c) Preliminary
Training Rates - Supervising Inspectors
Classification
|
$ as and from
01/07/2003
|
Supervising Inspector - 1st Year of Service
|
59,382
|
Supervising Inspector - 2nd Year of Service
|
61,158
|
Supervising Inspector - 3rd Year of Service
|
63,707
|
Thereafter
|
65,731
|
(d) Salary Rates -
Supervising Inspector
Classification - Supervising Inspector
|
$ as and from
01/07/2003
|
1st Year of Service
|
77,197
|
2nd Year of Service
|
79,505
|
3rd Year of Service
|
82,819
|
Thereafter
|
85,450
|
Award History
The Crown Employees (Casino Inspectors, Department of Gaming
and Racing) Award was made on 20 September 1995 by His Honour Judge Bauer. The award was made to cover a new class of employees,
viz. Casino Inspectors and Supervising Casino Inspectors.
The award took effect from 8 September 1995 to remain in
force until 31 December 1996.
The award was varied by Her Honour, Justice Schmidt on 16
February 1996 in matter No. IRC 277 of 1996 to include preliminary training
rates and new a Transitional Arrangement, to take effect from 6 February 1996.
Changes made to the award following a review pursuant to
section 19(6) of the Industrial Relations Act 1996 and Principle 26 of
the Principles for Review of Awards made by the Industrial Relations Commission
of New South Wales on 18 December 1998 (308 10 307) took effect on and from 6
October 1999.
The Casino Control Amendment Act 2001 with effect
from 1 July 2001 abolished the statutory office of the "Director of Casino
Surveillance" and transferred the Division of Casino Surveillance
(including the Casino Inspectors) from the Department of Gaming and Racing to
the Casino Control Authority. Accordingly
the name of the Award is now changed from Crown Employees (Casino Inspectors,
Department of Gaming and Racing) Award to Casino Control Authority - Casino
Inspectors (Transferred from Department of Gaming and Racing) Award 2004.
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.