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New South Wales Industrial Relations Commission
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AUSTRALIAN JOCKEY CLUB - SINGLE BARGAINING UNIT ENTERPRISE AWARD 2007
  
Date08/31/2007
Volume363
Part2
Page No.580
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C5864
CategoryAward
Award Code 1027  
Date Posted08/31/2007

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(1027)

(1027)

SERIAL C5864

 

Australian Jockey Club - Single Bargaining Unit Enterprise Award 2007

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Federation of Employers and Industries, Industrial Organisation of Employers and State Peak Council.

 

(No. IRC 355 of 2007)

 

Before Commissioner Cambridge

6 August 2007

 

AWARD

 

PART A

 

1.  Title

 

This award shall be referred to as the Australian Jockey Club - Single Bargaining Unit Enterprise Award 2007.

 

2.  Arrangement

 

The award is arranged as follows:

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Arrangement

3.         Statement of Intent

4.         Application and Scope of Award

5.         Parties Bound

6.         Single Bargaining Unit

7.         No Reductions in Standards

8.         Rates of Pay

9.         Rostered Day Off - Banking

10.       Public Holiday Work

11.       Skills, Utilisation, Training and Development

12.       Hours of Work

13.       Occupational Health and Safety

14.       Industrial Grievance Procedure

15.       Anti-Discrimination

16.       No Extra Claims

17.       Redundancy Arrangements

18.       Part-time Employment

19.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Weekly Wage for Trade and Related Staff

Table 2 - Weekly Wage for Clerks

Table 3 - Additional Allowances

 

3.  Statement of Intent

 

(i)         This award has been designed to facilitate the smooth establishment and ongoing organizational development of the Australian Jockey Club ("AJC") at Royal Randwick and Warwick Farm Racecourses.

 

(ii)        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 a 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 any issues of demarcation are eliminated where such work falls within the employee's level of skill and training.

 

4.  Application and Scope of Award

 

(i)         This award shall apply to the employees of the AJC at Royal Randwick and Warwick Farm Racecourses whose terms and conditions are covered by the following awards:

 

(a)        Clerical and Administrative Employees (State) Award Published 17 March 2006 (358 I.G. 69), as varied;

 

(b)        Building Employees Mixed Industries (State) Award (in so far as it applies to employees eligible for membership of the CFMEU) Published 16 November 2001 (329 I.G. 577), as varied;

 

(c)        Transport Industry (State) Award Published 20 April 2000 (315 I.G.192), as varied;

 

(d)        Metal, Engineering and Associated Industries (State) Award Published 8 June 2001 (325 I.G. 209), as varied.

 

(ii)        This award shall be read and interpreted wholly in conjunction with the relevant award(s), relating to a group or individual, nominated in subclause (i) of this clause, in so far as those provisions relate to the parties referred to in clause 5, Parties Bound. Where any inconsistencies between this award and the relevant awards occur, this award shall prevail.

 

(iii)       The parties to this award have agreed to identify an exhaustive list of awards or agreements relating to the AJC, with the view to incorporating these in a consolidated document.

 

5.  Parties Bound

 

The parties to this award are:

 

(i)         The Australian Jockey Club; and

 

(ii)        New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union.

 

(iii)       The Construction, Forestry, Mining and Energy Union (Construction and General Division), New South Wales Branch;

 

(iv)       The Transport Workers' Union of Australia, New South Wales Branch; and

 

(v)        Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, New South Wales Branch.

 

6.  Single Bargaining Unit

 

For the purpose of negotiating this award, a single bargaining unit was established. This award was arrived at by the unions, nominated as parties to this award, working co-operatively within the single bargaining unit.

 

7.  No Reductions in Standards

 

This award shall not operate so as to cause an employee, as at the time of the making 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 making of this award.

 

8.  Rates of Pay

 

(i)         The rates of pay for employees covered by this award are as set out in Part B, Monetary Rates.

 

(ii)        Employees whose terms and conditions of employment are covered by the Building Employees Mixed Industries (State) Award (in so far as it applies to employees eligible for membership of the CFMEU), the Metal, Engineering and Associated Industries (State) Award and the Transport Industry (State) Award shall be paid the weekly wage as set out in Table 1 - Weekly Wage for Trade and Related Staff, of the said Part B.

 

(iii)       Employees whose terms and conditions of employment are covered by the Clerical and Administrative Employees (State) Award shall be paid the weekly wage as set out in Table 2 - Weekly Wage for Clerks, of Part B.

 

(iv)       The weekly wage as set out in the said Tables 1 and 2 include compensation for ordinary hours, over award payments, industry allowance, licence allowance, tool allowance, electronic funds transfer service allowance and supplementary allowance.

 

(v)        Employees whose terms and conditions of employment are covered by this award shall, where appropriate and in addition to the weekly wage as set out in Tables 1 and 2, be paid a first-aid allowance and clothing allowance as set out in Table 3 - Additional Allowances, of Part B.

 

(vi)       The increases in rates of pay outlined in this clause are to be offset against salary reviews occurring since 30 June 1993, excepting increases arising out of reclassification within the award structure as a result of changes in the employees' duties and shall not apply to clerical employees receiving a salary in excess of $33 600 at the date of making of this Award.

 

(vii)      Superannuation contributions made by the AJC on behalf of the employee in accordance with the Superannuation Guarantee (Administration) Act 1992 will be made to one of the following funds:

 

AJC Superannuation Plan; or

 

ASSET Superannuation Plan.

 

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 Administration Act 1992.

 

Where salary sacrifice contributions are to be made on behalf of an employee to one of the funds listed above, 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 one of the funds listed above. As a consequence, the employees taxable salary shall equal the relevant wage rate less the salary sacrifice contribution (if any). For all other purposes the relevant wage rate applicable to this award shall apply.

 

(viii)     Leave is reserved to the unions listed in Clause 5 of this Award to make application to include a different superannuation fund where the AJC agrees to an alternative fund in another AJC Enterprise Award.

 

(ix)       Wages may be paid by electronic funds transfer unless otherwise agreed by the AJC. Provided that by agreement between an employer and the majority of employees covered by this award, wages may be paid fortnightly. Provided further that from July 2002 the AJC may elect to pay fortnightly by giving one months notice.

 

9.  Rostered Day Off - Banking

 

Rostered days off may be banked, at management discretion, to a maximum of five days. Banked days will be taken at times of mutual agreement. If a dispute arises on the taking of the leave, the grievance procedure contained in clause 14, Industrial Grievance Procedure, is to be followed.

 

10.  Public Holiday Work

 

Employees engaged as at 17 September 1998 receiving a day in lieu for any work performed on a public holiday as prescribed by this award may, by mutual agreement, be paid at the rate of double time and a half in addition to the ordinary rate, instead of receiving such day in lieu.

 

11.  Skills, Utilisation, Training and Development

 

(A)       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 path development needs of individuals;

 

(b)       the efficient organisation of work;

 

(c)        any personal and geographic considerations.

 

(iii)       The process described in subclause (ii) of this clause 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 the aims and objectives of the AJC.

 

(v)        The provision of training shall be undertaken in line with the AJC's EEO policy and procedures.

 

(B)       TRAINING

 

(i)         One of the key objectives of this award is to achieve a learning based culture and the parties undertake to remove all obstacles that prevent the achievement of this goal. The parties confirm a commitment to training and skill development for employees in accordance with the needs of the AJC.

 

(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.

 

(iii)       A training committee will be formed in conjunction with the consultative committee with the objective of linking training to the following:

 

(a)        the consultative process;

 

(b)       organisational change;

 

(c)        classification/pay structures and accreditation; and

 

(d)       the overall training budget

 

12.  Hours of Work

 

The following provision shall only apply to AJC employees who are members of the CFMEU employed under the terms and conditions of the Building Employees Mixed Industries (State) Award.

 

Spread of Hours/Staggered Work Hours

 

The spread of ordinary hours shall be 7.00 a.m. to 6.00 p.m., with a limit of eight hours at ordinary time to be worked on any one day. A week's notice shall be given to change an employee's rostered hours, or a lesser period where such change is by mutual agreement with an individual employee. Such change shall be of a minimum of 14 days in duration. The AJC undertakes to consider personal or geographic circumstances of individual employees in introducing any change of roster.

 

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.

 

(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;

 

(b)        identify, measure and control to safe levels any physical agents in the workplace capable of causing ill health;

 

(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; and

 

(f)         wear any safety clothing, footwear or equipment issued and specified for the job.

 

(iv)       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, instruction 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.

 

(v)        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

 

(a)        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.

 

(b)        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 employee's 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 the departmental manager, Steps 1 to 4 above may be conducted concurrently.)

 

Step 5

 

The matter is discussed between senior representatives of the club and the relevant union if the employee is represented by a union. The parties agree to exhaust the processes of conciliation before implementing 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.  Anti-Discrimination

 

(i)         It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(ii)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operations 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 or unlawful discrimination or harassment.

 

(iv)       Nothing in this clause is to be taken to affect:

 

(a)        Any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(b)        Offering or providing junior rates of pay to persons under 21 years of age;

 

(c)        Any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

(d)        A party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

(v)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

 

NOTES

 

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

 

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

 

"Nothing in this Act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of that religion."

 

16.  No Extra Claims

 

The parties undertake that, for the term of this award, they will not pursue any extra claims.

 

17.  Redundancy Arrangements

 

(1)        Application

 

(i)         The provisions of this clause shall apply in respect of full-time and part-time persons employed in the classifications specified by the awards listed in clause 4, Application and Scope of Award.

 

(ii)        Notwithstanding anything contained elsewhere in this clause, this clause shall not apply to employees with less than one year's continuous service and the general obligation on the AJC shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(iii)       Notwithstanding anything contained elsewhere in this clause, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(2)        Introduction Of Change

 

(iv)       Employer's Duty to Notify

 

(a)        Where the AJC has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(b)       "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.  Provided that where the awards specified in the said clause 4 make provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(v)        Employer's Duty to Discuss Change

 

(a)        The AJC shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) of subclause (iv) of this clause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(b)       The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in the said paragraph (a).

 

(c)        For the purpose of such discussion the AJC shall provide to the employees concerned and the union to which they belong, all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

(3)        Redundancy

 

(vi)       Discussions before Terminations

 

Where the AJC has made a definite decision that the AJC no longer wishes the job the employee has been doing to be done by anyone pursuant to paragraph (a) of subclause (iv) of this clause and that decision may lead to the termination of employment, the AJC shall hold discussions with the employees directly affected and with the union to which they belong.

 

The discussions shall take place as soon as practicable after the AJC has made a definite decision which will invoke the provision of paragraph (a) of this subclause and shall cover, inter alia, any reasons for the proposed terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

For the purposes of the discussion the AJC shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that the AJC shall not be required to disclose confidential information the disclosure of which would adversely affect the AJC.

 

(4)        Termination Of Employment

 

(vii)      Notice for Changes in Production, Programme, Organisation or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "production", "programme", "organisation" or "structure" in accordance with paragraph (a) of subclause (iv) of this clause.

 

(a)        In order to terminate the employment of an employee the employer shall give to the employee the following notice:

 

Period of Continuous Service

Period of Notice

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

(b)       In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service shall be entitled to an additional week's notice.

 

(c)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(viii)     Notice for Technological Change

 

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from "technology" in accordance with paragraph (a) of subclause (iv) of this clause.

 

(a)        In order to terminate the employment of an employee the employer shall give to the employee three months notice of termination.

 

(b)       Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(c)        The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

(ix)       Time Off During the Notice Period

 

(a)        During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

 

(b)       If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(x)        Employee Leaving During the Notice Period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(xi)       Statement of Employment

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

(xii)      Notice to Commonwealth Employment Service

 

Where a decision has been made to terminate the employment of employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible, giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(xiii)     Department of Social Security Employment Separation Certificate

 

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Department of Social Security.

 

(xiv)     Transfer to Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons as set out in paragraph (a) of subclause (iv) of this clause, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rate for the number of weeks of notice still owing.

 

(5)        Severance Pay

 

(xv)      Where the employment of an employee is to be terminated pursuant to subclause of this clause, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the following severance pay in respect of a period of service.

 

(a)        If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

 

Years of Service

Under 45 Years of Age Entitlement

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

(b)       Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service

45 Years of Age and Over Entitlement

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

(c)        "Week's pay" means the all-purpose rate of pay for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, over-award payments, shift penalties and allowances paid in accordance with the relevant awards.

 

(xvi)     Incapacity to Pay

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xv) of this clause.

 

(xvii)    Alternative Employment

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xv) of this clause if the employer obtains acceptable alternative employment for an employee.

 

(xviii)   Leave is reserved to the unions listed in Clause 5 of this Award to apply for alternative redundancy arrangements in the event of a merger between the AJC and the Sydney Turf Club.

 

18.  Part-Time Employment

 

The following provisions shall only apply to AJC employees who are members of the CFMEU employed under the terms and conditions of the Building Employees Mixed Industries (State) Award:

 

(a)        An employee may be engaged by the week on a part-time basis for a constant number of hours which, having regard to the various methods of arranging ordinary hours, shall average less than 38 hours per week.

 

(b)        Part-time employees shall not be employed for a continuous period of four weeks from the date of engagement.

 

(c)        An employee so engaged shall be paid per hour one thirty-eighth of the weekly rate prescribed by clause 8, Rates of Pay, for the classification in which the employee is engaged.

 

(d)        An employee engaged on a part-time basis shall be entitled to all other benefits available to fulltime employees arising under this award on a proportional basis, depending on the number of ordinary regular hours worked per week.

 

(e)        This clause shall not be used to reduce existing levels of permanent employees and, as far as practicable, shall not affect the skill development or earning opportunities of permanent employees.

 

(f)         As far as possible, all overtime shall in the first instance be offered to permanent employees.

 

(g)        A part-time employee who works in excess of the hours fixed under the contract of employment shall be paid overtime in accordance with the relevant award.

 

(h)        A current part-time employee may apply for a full-time position should a vacancy occur and, subject to being able to perform the duties required to fill the vacancy and all other things being equal, shall have preference of employment for the vacant position.

 

19.  Area, Incidence and Duration

 

This award rescinds and replaces the Australian Jockey Club - Single Bargaining Unit Enterprise Award 2004 published 6 May 2005 (350 I.G. 1002). This award shall take effect from the beginning of the first pay period on or after 11 July 2007 and shall remain in force until 16 November 2009.

 

PART B

 

MONETARY RATES

 

Table 1 - Weekly Wage for Trade and Related Staff

 

Classification Current Weekly Wage Weekly Wage From First Full Pay From First Full Pay Period on or after Period on or after:

 

 

Weekly Wage

Weekly Wage

Weekly Wage

 

From First Full Pay

From First Full Pay

From First Full Pay

 

Period on or after

Period on or after

Period on or after

 

17 November 2006

17 November 2007

17 November 2008

Position

$

$

$

Carpenter

876.40

911.50

943.40

Painter

876.40

911.50

943.40

Bricklayer

869.00

903.80

935.40

Builder’s Labourer

732.70

762.00

788.70

Mechanic (Warwick Farm)

861.70

896.20

927.60

Blacksmith (Randwick)

810.30

842.70

872.20

Truck Driver Grade 1

790.90

822.50

851.30

Truck Driver Grade 2

813.70

846.20

875.80

Truck Driver Grade 3

829.60

862.80

893.00

Truck Driver Grade 4

843.30

877.00

907.70

 

Table 2 - Weekly Wage for Clerks

 

Classification Current Weekly Wage Weekly Wage From First Full Pay From First Full Pay Period on or after Period on or after:

 

 

Weekly Wage

Weekly Wage

Weekly Wage

 

From First Full Pay

From First Full Pay

From First Full Pay

 

Period on or after

Period on or after

Period on or after

 

17 November 2006

17 November 2007

17 November 2008

Grade

$

$

$

5

842.10

875.80

906.50

4

812.60

845.10

874.70

3

797.90

829.80

858.80

2

781.20

812.40

840.80

1

768.90

799.70

827.70

Age

$

$

$

U17

374.20

389.20

402.80

17

434.60

452.00

467.80

18

509.00

529.40

547.90

19

565.60

588.20

608.80

20

645.70

671.50

695.00

 

Table 3 - Additional Allowances

 

Allowance Effective from first full pay period on or after 17 November 2006.

Clothing:  8(v)

$6.10 per week

First-aid:

$11.95 per week

 

 

 

I. W. CAMBRIDGE, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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