THE AUSTRALIAN JOCKEY CLUB WARWICK FARM TRACK MAINTENANCE AND ANCILLARY
STAFF AWARD 2002
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Employers
First, industrial organisation of employers.
(No. IRC 5200 of 2002)
|
Before Commissioner
Murphy
|
23 September and 30 October 2002
|
AWARD
PART A
Clause No. Subject Matter
1. Title
2. Statement
of Intent
3. Application
and Scope of Award
4. Parties
Bound
5. Date and
Period of Operation
6. Relationship
to Awards
7. Single
Bargaining Unit
8. No
Reduction in Standards
9. Conditions
of Employment
10. Rates of
Pay
11. Skills,
Utilisation, Training and Development
12. Redundancy
13. Occupational
Health & Safety
14. Industrial
Grievance Procedure
15. No Extra Claims
16. Anti-Discrimination
17. Rostered
Day off - Banking
18. Spread of
Hours/Staggered Work Hours
19. Hours of
Work
20. Overtime
21. Public
Holiday Work
22. Future
Discussions
23. Negotiating
the next Award
PART B
WAGE RATES
Table 1 - Wages
Table 2 - Other Rates and Allowances
1. Title
This consent award shall be referred to as the Australian
Jockey Club Warwick Farm Track Maintenance and Ancillary Staff Award 2002.
2. Statement of
Intent
(i) This Award
has been designed to facilitate the smooth establishment and ongoing
organisational development of the Australian Jockey Club ("AJC") at
Warwick Farm Racecourse.
(ii) The parties
are committed through this Award to supporting and maintaining the AJC's vision
as Australia's premier thoroughbred racing organisation.
(iii) The parties
are committed to:
(a) Efficiencies
and productivity being constantly reviewed and improved and thereby allowing
the AJC to compete against other racing, gaming and wagering organisations on a
cost-effective basis.
(b) The creation
and maintenance of an harmonious employee relations environment which is
typified by consultation and participation which supports the AJC's vision.
(c) The provision
of a framework within which the AJC can generate interesting and fulfilling
work and develop systems which allow employees to reach their full potential
while simultaneously maximising the efficiency and productivity of the AJC.
(d) The creation
of a co-operative working environment, where quality and pride of working for
the AJC are fostered and that any issues of demarcation are eliminated.
3. Application and
Scope of Award
This award rescinds and replaces The Australian Jockey Club
Warwick Farm Track Maintenance and Ancillary Staff Award 2000, published 6 April
2001 (323 I.G. 852), as varied.
This award shall apply to the employees of the AJC at
Warwick Farm Racecourse within the jurisdiction of the Race Clubs Employees
(State) Industrial Committee.
All employees to which this Award applies shall be employed
in accordance with the relevant awards, namely the:
Race Club Employees (State) Award
4. Parties Bound
The parties to this Award are the Australian Jockey Club and
The Australian Workers' Union, New South Wales.
5. Date and Period of
Operation
This award shall operate from the beginning of the first
full pay period on or after 1 August 2002, and shall remain in force for a
period of 12 months.
6. Relationship to
Awards
This Award shall take precedence over any other award or
agreement to the extent of any inconsistency.
7. Single Bargaining
Unit
For the purpose of negotiating this Award a single
bargaining unit was established. The
Award was arrived at by the union, nominated as party to the agreement, working
co-operatively within the single bargaining unit.
8. No Reduction in
Standards
This Award shall not operate so as to cause a current
employee as at the date of this Award to suffer a reduction in ordinary time earnings
or standards relating to conditions of employment provided by any award,
agreement or over award arrangements in operation at the time of the entering
into of the Award.
9. Conditions of
Employment
(i) Employees may
be engaged on a permanent, fixed term, part-time or casual basis.
(a) Permanent
employment
Except for the first four months of employment which
shall be provisional, permanent employees will be employed on a weekly
basis. Provisionally appointed
employees shall be reviewed continuously throughout the probationary period and
any deficiencies in performance brought to their attention.
Employees unable to satisfactorily meet all criteria by
the end of the probation period will be dismissed.
(b) Part-time
employment
A part-time employee is an employee who works regular
hours but less than full time staff.
(c) Fixed term
employment
A fixed term employee shall be employed for a
particular task with a known or estimated completion date which will be advised
at the time of engagement.
(d) Casual
employment
Casual employees shall be paid on an hourly basis of
the appropriate weekly award rate.
Casuals will be used as required and may be called upon to work in any
position in which they can satisfactorily perform either through skills and
experience or by direct supervision and instruction. In addition to the hourly rate a loading of 15% to compensate for
the casual nature of the employment shall be paid.
(ii) Employees are
responsible for the care and safe keeping of all AJC property issued to them
and shall return each item to the AJC on termination of employment. In default, the AJC may deduct, from wages
or salary due, an amount equal to the replacement value. AJC issued clothing and protective equipment
shall remain the property of the AJC and shall be returned on termination of
employment.
(iii) Employees
shall perform all work in all areas as the AJC may reasonably require, to the
limit of the skills and competence of the employee and the task required to be
undertaken, including the working of reasonable overtime.
10. Rates of Pay
The rates of pay payable under this Award are set out in
Part B, of Table 1. Rates of pay shall
be increased by three percent plus one dollar from the first full period on or
after 1 August 2002.
(i) An employee
may elect to sacrifice part of the employees salary to be an additional
superannuation contribution above the rate prescribed by the Superannuation Guarantee Charge Act
1992.
Where salary sacrifice contributions are to be made on
behalf of an employee to the AJC Superannuation Plan, the wage rates prescribed
by Table 1 of Part B shall (in respect of such an employee) include a component
being the salary sacrifice contribution.
That is, that part of the wage rate representing the salary sacrifice
contribution chosen by the employee, shall be paid as a contribution by the
employer direct to the AJC Superannuation Plan. As a consequence, the employees taxable salary shall equal the
relevant wage rate less the salary sacrifice contribution (if any).
(ii) Wages shall
be paid on a fixed day not later than Friday of each week. Provided that by agreement between an
employer and the majority of employees wages may be paid fortnightly. Provided further that from July 2002 the AJC
may elect to pay fortnightly by giving one months notice.
11. Skills
Utilisation, Training and Development
A. Classification
Structure, Warwick Farm Tracks and Gardens
Level 1:
track foreperson, foreperson gardener, pool attendant,
senior track crossing attendant
Level 2:
Plant Operator 1 - an employee principally employed to
operate plant and who is qualified, capable and is required to operate a grader
over 80 h.p. in an addition to the plant driven by Operator 2.
Level 3:
leading hand gardener, leading hand (track and
maintenance).
holder of a Trade Certificate relevant to the work
being performed.
track crossing attendant, track office administrator.
Plant Operator 2 - an employee principally employed to operate
plant and who is qualified, capable and is required to operate all the
specialised mechanical plant used by the employer (except a grader over 80
h.p.), in addition to tractors and front end loaders with or without
attachments. Such specialised mechanical
plant may include back hoes, dedicated power sweepers, power harrow and similar
plant.
Level 4:
gardeners and track hands (i.e. Any employee performing
work or maintenance work on trees, shrubs, flowering plants, etc., trimming
hedges, pruning and planting of beds, preparation of sprays and use thereof and
laying out of lawns) without trade qualifications, general track or maintenance
hand.
B. Labour
Flexibility
For the purpose of increasing productivity and
flexibility as well as enhancing opportunities for employees:
(a) Employees
shall perform all work and operate all equipment within the classification in
which they are employed and those of other classifications.
(b) Employees
shall perform a work which is incidental or peripheral to the duties of their
classification, including the operation and routine maintenance of all
mechanical equipment.
(c) Employees
shall not impose or continue to enforce demarcation barriers on the tasks they
are to perform (provided such tasks are within the skills and competence of the
employee concerned).
(d) Employees
shall take all reasonable steps to achieve quality, accuracy and completion of
any job or task assigned by the employer.
C. Skills
(i) Training and
development shall be subject to the AJC's skill requirements. It is the aim of the parties to this Award
that all employees shall be provided with opportunities for training and
development, encouraging the formation of a flexible, highly skilled and
committed workforce, enjoying maximum job satisfaction.
(ii) Employees
will move between tasks and functions within their appointed classifications
and skills and competency levels in order to apply and develop their skills to
meet AJC objectives. In moving
employees between tasks and functions and in regrouping tasks and functions the
AJC will consult with the employees and consider:
(a) the career
development needs of individuals;
(b) the efficient
organisation of work;
(c) any personal
and geographic considerations.
(iii) The process described
in subclause (ii) above shall not include those functions or tasks where the
safety of an employee learning "on the job" cannot be guaranteed by
the AJC or where an essential requirement of a formal qualification limits the
process.
(iv) Processes will
be adopted to facilitate the skills enhancement and career development
opportunities of employees whilst promoting aims and objectives of the AJC.
(v) The provision
of training, shall be undertaken in line with the Clubs Equal Employment
Opportunity policy and procedures.
D. Training
(i) The parties
confirm a commitment to training and skill development for employees in
accordance with the needs of the AJC. Training may be conducted on the
recommendation of a supervisor to the Chief Executive or his delegate.
(ii) The types of
training needs which shall be met include:
(a) training
required to increase the level of competency of the employees;
(b) training
required through the creation of new tasks, restructuring of existing tasks
and/or multi-skilling;
(c) training
required to assist employees to pursue, where possible, their preferred career
paths and to improve their opportunities for career advancement;
12. Redundancy
The AJC undertakes that consultation in accordance with
relevant awards and legislation will be held with relevant unions in the event
that any decisions are made by the Clubs Management that may result in
redundancies of the Clubs unionised workforce.
13. Occupational
Health and Safety
(i) The AJC prides
itself on quality occupational health and safety standards. It is recognised that the benefits to be
gained from effective health and safety programs are significant both in human
and economic terms.
(ii) The AJC is
responsible for taking all reasonable and practical action to achieve and
maintain a performance level which safeguards the health and safety of all
employees in accordance with the Occupational
Health and Safety Act 2000, and all variations thereof.
(iii) All employees
are to be involved in safety matters and hence, to contribute to the reduction
of hazards. Employees are to:
(a) identify and
reduce the risk associated with all types of work-related events that may
produce injury or illness; or
(b) identify,
measure and control to safe levels any physical agents in the workplace capable
of causing ill health; and
(c) promote the
good health and welfare of employees;
(d) report any
perceived hazard to the immediate supervisor;
(e) report any
work related injury, no matter how minor to their supervisor;
(f) wear any
safety clothing, footwear, equipment issued and specified for the job.
(iii) The AJC's
management is committed to the continuous monitoring and upgrading of its
occupational health and safety policy to ensure the highest standards are
met. The AJC shall where appropriate:
(a) provide
information, instructions and training of employees to increase personal
understanding of safe work practices, workplace hazards and principles of
hazard control; and
(b) maintain a
close relationship with employees and regulatory authorities in the development
of standards and future strategies.
(iv) The
occupational health and safety committee shall be convened subject to the
provisions of the regulations of the Occupational
Health and Safety Act 2000 and shall meet at intervals not less frequent
than specified in the regulations.
14. Industrial
Grievance Procedure
(i) The aim of
this procedure is to ensure that, during the term of this Award, industrial grievances
or disputes are prevented or resolved as quickly as possible at the level they
occur in the workplace. At any time
during the procedure an employee may elect to be represented by an official of
their union. During the life of the
Award there shall be no disruption to or cessation of normal work other than in
relation to bona fide safety issues. In
the event of a safety issue the grievance procedure shall be followed.
(ii) Where a
dispute or grievance arises, or is considered likely to occur the steps below
are to be followed. In order to permit
the peaceful resolution of grievances, the status quo shall remain and work
shall continue as normal while the industrial grievance procedure is being
followed, (status quo shall mean the situation existing immediately prior to
the dispute or the matter giving rise to the dispute).
Step 1
The matter is discussed between the employee(s) and the
immediate supervisor involved. If the
matter remains unresolved only then, follow Step 2.
Step 2
The matter is discussed between the employee, the
employees' representative if the employee so wishes and the supervisor
involved. If the matter remains
unresolved, only then, follow Step 3.
Step 3
The matter is discussed between the employee, the
employee's representative if the employee so wishes, the supervisor and the
departmental manager. If the matter
remains unresolved only then, follow Step 4.
Step 4
The matter is discussed between the departmental
manager, the human resources manager and the employee's representative and/or
union official if the employee so wishes.
If the matter remains unresolved only then, follow Step 5.
(Where it is agreed by the employee and departmental
manager Steps 1 to above may be conducted concurrently.)
Step 5
The matter is discussed between senior representatives
of the company and the relevant union if the employee is represented by a
union. The parties agree to exhaust the
processes of conciliation before considering Step 6. It is also agreed that the parties will not deliberately
frustrate or delay these procedures.
Step 6
The matter may be referred by either party to the
Industrial Relations Commission of New South Wales in order for the Commission
to exercise its functions under the Industrial
Relations Act 1996. It is the
intention of the parties that this provision meets the criteria pursuant to the
Industrial Relations Act 1996.
15. No Extra Claims
The parties undertake that, for the term of this Award, they
will not pursue any extra claims.
16. Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibilities as a carer.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operations of he 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.
(3) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint or unlawful discrimination or harassment.
(4) Nothing in
this clause is to be taken to affect:
(a) Any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) Offering or
providing junior rates of pay to persons under 21 years of age;
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
(d) A party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(5) (This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
NOTES
(a) Employers and employees
may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
provides:
"Nothing in this Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of that religion."
17. Rostered Day Off
- Banking
No more than five days are to be banked as determined by the
Manager - Racecourses. These days will
be taken at times of mutual agreement provided that they are not to be taken
within two weeks preceding a major carnival period. If a dispute arises on the taking of the leave then the dispute
procedure is to be followed.
18. Spread of
Hours/Staggered Work Hours
(i) Subject to
the exception listed in subclause (ii) the spread of ordinary hours shall be
7.00am to 5.15pm with a limit of 8 hours at ordinary time to be worked on any
day.
(ii) Track
crossing attendants shall have a starting time of no earlier than 4.00am.
New employees will be engaged on a spread of ordinary
hours from 7.00am - 6.00pm.
Pool Attendants may be required to perform 8 ordinary
hours in split shifts of 4 hours each.
19. Hours of Work
(i) Employees
engaged prior to the 1st January 1997 shall continue to be employed on the
existing terms and conditions relating to hours unless otherwise agreed.
(ii)
(a) Employees
engaged after 1 January 1997 may work their ordinary hours on no more than five
days Monday to Saturday.
(b) Ordinary hours
worked on a Saturday whilst forming part of the weekly ordinary hours shall be
paid at penalty rates i.e. time and one half for the first two hours and double
time there after. Provided that sick
pay shall be paid at ordinary singular rates for all days.
20. Overtime
(i) All hours
outside the spread of ordinary hours prescribed by Clauses 18 and 19 shall be
paid for at the rate of time and a half for the first two hours and double time
thereafter.
(ii) All overtime
worked on Saturdays shall be paid for at the rate of ordinary time and a half
for the first two hours and ordinary double time thereafter.
(iii) All work on
Sunday shall be paid for at the rate of double time.
21. Public Holiday
Work
For existing employees any work performed on a public
holiday as prescribed by the award will be paid at the rate of double time and
a half in addition to the ordinary rate.
22. Future
Discussions
The parties agree that future discussions to be held on
enterprise bargaining will include:
classification structure
job definition
sick leave practices
allowances
fortnightly payment of wages
aggregate wages
weekend work as ordinary hours
rostered days off
picnic day
hours of work
consolidation of awards
training
multi-skilling
payment for skills acquired
23. Negotiating the
Next Award
(i) The parties
agree to commence negotiations on a new award no later than 3 months prior to
the termination date of this Award.
(ii) During the 3
months negotiation period, the parties will meet in order to seek
agreement/resolution of any issues.
(iii) Not
withstanding the provisions of Clause 15 relating to the grievance procedure,
the parties may seek the assistance of the Industrial Relations Commission
during the deliberation period. Work is
not to be disrupted nor any industrial action to be undertaken during the
deliberation period.
PART B
WAGE RATES
1. Employees
will be paid a weekly wage as set out below which includes compensation for:
ordinary hours
over-award payments
electronic funds transfer
service (ten year) increment
industry allowance
scythe or power mower allowance
tractor allowance
front end loader
pesticide, weedicide poisonous spray allowance
horse handling allowance
Table 1 - Wages
|
Classification
|
Aggregate Weekly
Wage
|
|
|
|
Rates from FFPP on or after
|
|
|
Old Rates
|
1/8/2002
|
|
|
$
|
$
|
|
Racecourse Employee Level 1
|
684.00
|
705.50
|
|
Racecourse Employee Level 2
|
671.80
|
693.00
|
|
Racecourse Employee Level 3
|
647.20
|
667.60
|
|
Racecourse Employee Level 4
|
623.20
|
642.90
|
2. The following
allowances and payment are not included in the aggregate wage and will be paid
separately:
first-aid allowance
clothing allowance
Table 2 - Other Rates and Allowances
|
Allowances
|
Weekly
|
|
|
$
|
|
|
|
|
Clothing
|
6.10
|
|
First-Aid
|
As per Race Club Employees (State) Award
|
J. P. MURPHY, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.