Sydney Olympic Park Sports Centre Casual Event Staff Award 2012

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 135 of 2012)

 

 

REVIEWED AWARD

 

PART A

 

Clause No.       Subject Matter

 

1.        Arrangement

2.        Definitions

3.        Intention

4.        Rates of Pay

5.        Income Protection Plan

6.        Hours of Work

7.        Terms of Engagement

8.        Meal Breaks

9.        Overtime

10.      Public Holidays

11.      Payment of Wages

12.      Job Representative

13.      Labour Flexibility

14.      Uniforms and Protective Clothing

15.      Tools and Equipment

16.      Change Rooms

17.      Grievance and Dispute Resolution Procedures

18.      Area, Incidence and Duration

19.      No Extra Claims

20.      No Reduction of Entitlements

 

PART B

 

Table 1 - Hourly Rates

 

2.  Definitions

 

2.1      The parties to this award are:

 

(i)       The Director General of the Department of Finance and Services, as the employer for the purposes of the Public Sector Employment and Management Act 2002,; and

 

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

 

2.2      The Employer for the purpose of this award is the Chief Executive Officer of the Sydney Olympic Park Authority Division of the Department of Education and Communities.

 

2.3      Employee means a person employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Sydney Olympic Park Authority Division of the Department of Education and Communities at the Sydney Olympic Park Sports Centre in the classifications prescribed by this award.

 

3.  Intention

 

The principal intentions of this award, consistent with the understandings agreed with Unions New South Wales on behalf of affiliates, are:

 

(i)       To promote harmonious industrial relations for the Sydney Olympic Park Sports Centre ("the Centre") and associated facilities;

 

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

 

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

 

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

 

(v)      To maintain the Centre and associated facilities as world class Olympic Sports Venues.

 

4.  Rates of Pay

 

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

 

(ii)       The rates of pay in this award include the adjustments payable under the State Wage Case 2010.  These adjustments may be offset against:

 

any equivalent overaward payments; and/or

 

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

 

(iii)      Classifications (Skills/Definitions)

 

Level 1

 

Shall be an employee with no qualifications and 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.

 

An employee at this level will be able to communicate with the public in a courteous and tactful manner.

 

Working under close supervision and undergoing on-the-job training, an employee at this level would perform the function or car parking attendant, door attendant, door attendant or usher cashier (including basic clerical and office duties including answering the phone).

 

Upon completion of 400 hours of employment at Level 1, an employee will be reclassified to Level 2.

 

Level 2

 

Shall be an employee who has:

 

(a)      Undertaken structured training recognised b the Centre's management 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 or venue management sector.

 

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.

 

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

 

In addition to the requirements of a Level 1 employee, a person at this level may be called upon to perform some of the following:

 

Program selling/merchandise selling;

 

Processing ticket sales and bookings;

 

Conduct tours of the Centre or associated facilities;

 

Supervise uniform room.

 

Level 3

 

An employee at this level shall exercise discretion within one's own level of skill and training and has delegated responsibility for work under their control or supervision in terms of allocation of duties, co-ordinating workflows, checking progress, quality of work and resolving problems, as well as counselling staff for performance and work-related problems where required.

 

Tasks would include training of new employees at Levels 1 and 2 and supervision of a discrete section or group; acts as an assistant theatre manager or event co-ordinator/client liaison, audio visual technician, security supervisor.

 

Level 4

 

Shall be an employee who, subject to broad guidance or direction, reports to more senior staff as required.

 

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

 

5.  Income Protection

 

Employees who are members of the union to whom this award applies shall be covered by the Sickness and Accident Income Protection Plan approved and endorsed by The Australian Workers' Union.  It is a term of this award that the employer will bear the costs of a daily premium of $1.00 per employee per day worked to cover employees who are members of the union.

 

This clause applies only to regular casuals, i.e. employees engaged for 2 or more shifts within a calendar month.

 

6.  Hours of Work

 

The ordinary hours of work shall be rostered, between the hours of 7.00 am and 11.30 pm.  The ordinary hours of work may be extended to 2.00 am to cover special events, provided that management gives all employees involved 7 clear days' notice of the extension of ordinary hours, or upon agreement between the employer and employee.

 

 

 

 

7.  Terms of Engagement

 

(i)       All employees shall be engaged as casual employees under this award.

 

(ii)       Employees shall be paid the appropriate hourly rate as set out in Table 1 of Part B.

 

(iii)      The casual hourly rate contained in this award contains a component in lieu of any entitlement to sick leave, public holidays, bereavement leave, long service leave and annual leave.

 

(iv)      A casual employee shall receive a minimum payment of 3 hours for each engagement, to be worked consecutively.

 

(v)      Casual rosters may be changed by management provided that shifts are not shortened to less than the minimum referred to above.

 

8.  Meal Breaks

 

(i)       Any employee who is required to work on any shift for more than 5 hours shall be entitled to a paid meal break of 30 minutes which should be taken no more than 5 hours after commencing duty.

 

(ii)       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.

 

9.  Overtime

 

(i)       Overtime shall be paid to employees engaged under this award in the following circumstances:

 

(a)      Where the hours of work exceed 10 in any day;

 

(b)      Where the hours of work extend beyond the time limits specified in clause 6, Hours of Work.

 

(c)      Where the employee receives less than a 10-hour break between work on consecutive days./

 

(ii)       Overtime shall be paid on the hourly rates contained in Table 1 of Part B, based on time and one half for the first 2 hours and double time for each hour worked thereafter calculated to the nearest quarter hour.

 

10.  Public Holidays

 

(i)       The days on which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day, Boxing Day or any proclaimed day or part day in lieu thereof for the State of New South Wales shall be holidays.

 

(ii)       Casual employees who are required to work on a public holiday shall be entitled to the appropriate hourly rate contained in Table 1 of Part B.

 

11.  Payment of Wages

 

Wages will be paid fortnightly by electronic funds transfer.

 

12.  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 job delegates shall be allowed up to 5 days' paid leave per year to attend approved courses run by the union.

 

 

13.  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.

 

14.  Uniforms and Protective Clothing

 

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

 

Upon termination of employment, all uniforms and property belonging to the employer shall be returned by the employee to the Employer.

 

15.  Tools and Equipment

 

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

 

16.  Change Rooms

 

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

 

17.  Grievance and Dispute Settling 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 discussion 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 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 its 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 level 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.

 

18.  Area, Incidence and Duration

 

(i)       This award shall regulate the terms and conditions of employment of casual event employees of the Government Service of New South Wales in the Department of Education and Communities Sydney Olympic Park Authority Division engaged within the scope of the classification structure contained in clause 4(ii), in connection with (whether indoors or outdoors) any fixture, event, exhibition or performance at the Sydney Olympic Park Sports Centre, or associated facilities.

 

(ii)       This award shall not apply to employees of the Government Service of New South Wales within the Department of Education and Communities Sydney Olympic Park Authority Division engaged by the week, even though such employees may from time to time perform functions covered by the classification structure contained in clause 4 (rates of pay).

 

(iii)      This award is made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the State Sports Centre Trust Casual Event Staff (State) Award 2004 published on 30 January 2009 (367 I.G. 125), as varied.

 

(iv)      The changes made to the award pursuant to the Award 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 I.G. 359) take effect on and from 23 July 2012.

 

(v)      This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

19.  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 a general nature, for the duration of the award.

 

20.  No Reduction in 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 it impacting on their employment.

 

PART B

 

Table 1 - Hourly Rates

 

The following shall be the ordinary hourly rates for employees engaged under this award:

 

 

 

 

 

 

C.G. STAFF J

 

 

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Printed by the authority of the Industrial Registrar.