Crown Employees (Greyhound and
Harness Racing Regulatory Authority - Greyhound Racing Employees) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations
Act 1996.
(No. IRC 838 of 2007)
|
Before Mr Deputy
President Grayson
|
26 July 2007
|
REVIEWED
AWARD
Arrangement
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Travelling
Arrangements
4. Increments
5. Deduction
of Union Membership Fees
6. Hours of
Work
7. Meal
Break
8. Overtime
9. Allowances
10. Higher
Grade Work
11. Finishing
at Night
12. Terms of
Employment
13. Public
Holidays
14. Recreation
Leave
15. Sick Leave
16. Family and
Community Service Leave, Personal Carer’s Leave
17. Extended
Leave
18. Roster
Leave
19. Paternity
Leave
20. Protective
Clothing
21. Adverse
Reports
22. Filling of
Vacancies
23. Consultation
24. Grievance
and Dispute Settling Procedures
25. Existing
Conditions
26. Salary
Packaging Arrangements, including Salary Sacrifice to Superannuation
27. Anti-Discrimination
28. Secure
Employment
29. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Appendix A
Appendix B
1. Definitions
"Association" means the Public Service Association
and Professional Officers Association of New South Wales.
"Award" means the Crown Employees (Greyhound and
Harness Racing Regulatory Authority - Greyhound Racing Employees) Award 2007.
"Chief Executive" means the Chief Executive of the
GHRRA.
"DPE" means the Director of Public Employment, as
established under the Public Sector
Employment and Management Act 2002.
"Employee" means and includes all staff employed
by the GHRRA to carry out functions associated with Greyhound racing.
"GHRRA" means Greyhound and Harness Racing
Regulatory Authority Division.
"Service" means continuous service in a position
covered by the Award. Future appointees
shall be deemed to have the years of service indicated by the salaries at which
they are appointed.
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 vary in line with any
movement of the Crown Employees (Public Sector - Salaries 2007) Award or variation
or replacement award to the grades listed by each position.
Casual Stewards - Inquiries
(a) The fee for
casual stewards shall be reviewed on 1 January each year, in line with the
Consumer Price Index (All Capital Cities weighted average, all groups, between
the December quarters).
(b) Casual
Stewards shall be paid a fee for all inquiries conducted outside of race
meetings. The fee shall be $93.50 for
any inquiry lasting four (4) hours or less.
A fee of $187.00 shall be paid for all inquiries longer than four (4)
hours. Casual Stewards shall be
entitled to such fees for inquiries conducted at race meetings where the
inquiry begins before, or concludes after a race meeting.
(c) Casuals shall
also receive the following entitlements in accordance with the Crown Employees
(Public Service Conditions of Employment) Reviewed Award 2006:
(i) Unpaid
parental leave in accordance with paragraph 12(iv)(d);
(ii) Personal
Carer’s entitlement in accordance with subclause 12(v); and
(iii) Bereavement
entitlement in accordance with subclause 12(vi).
This entitlement is also set out at Appendix A of this
Award.
3. Travelling
Arrangements
Stewards:
Newcastle based Stewards shall be granted time in lieu for
any travel time between home and Head Office, over and above two (2) hours for
the return trip home to home.
4. Increments
The payment of increments under the scale of salaries
prescribed by Part B, Table 1 - Rates of Pay of the Award shall be subject to
approval by the Chief Executive.
Increments shall be paid providing the Chief Executive is
satisfied with the conduct and manner of performance of duties of the employee
concerned.
In cases where the Chief Executive does not approve the
granting of the increment the employee affected shall have the right of appeal
to the GHRRA.
The Association shall have the right to represent its
members.
5. Deduction of Union
Membership Fees
(a) The
Association shall provide the GHRRA with a schedule setting out Association
fortnightly membership fees payable by members of the Association in accordance
with the Association's rules.
(b) The
Association shall advise the GHRRA of any change to the amount of fortnightly
membership fees made under its rules. Any variation to the schedule of
Association fortnightly membership fees payable shall be provided to the GHRRA
at least one month in advance of the variation taking effect.
(c) Subject to (a)
and (b) above, the GHRRA shall deduct Association fortnightly membership fees
from the pay of any employee who is a member of the Association in accordance
with the Association's rules, provided that the employee has authorised the
GHRRA to make such deductions.
(d) Monies so
deducted from an employee's pay shall be forwarded regularly to the Association
together with all necessary information to enable the Association to reconcile
and credit subscriptions to employees' Association membership accounts.
(e) Unless other
arrangements are agreed to by the GHRRA and the Association, all Association
membership fees shall be deducted on a fortnightly basis.
(f) Where an
employee has already authorised the deduction of Association 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 deduction to continue.
6. Hours of Work
(a) The ordinary
hours of work for all employees, except stewards, shall be thirty-five per week
and shall be worked in five days, Monday to Friday, inclusive, between 8.45 am
and 4.45 pm.
Starting or finishing times may be varied in respect of
any particular employee or group of employees by agreement between the GHRRA
and the Association.
(b) The stewards
and chief steward shall work a thirty-eight hour week. However, due to the nature of the industry,
it is recognised that their ordinary hours of work shall be worked Monday to
Saturday, including public holidays.
7. Meal Break
(a) All employees
shall be entitled to a Meal Break of not less than half an hour after five (5)
hours worked.
(b) Stewards at
race meetings shall be entitled to a Crib Break of twenty minutes. The Crib Break shall be taken at a time
convenient to the meeting. The Crib
Break is a paid Meal Break.
8. Overtime
(a) The Chief
Executive may require an employee to perform duty beyond the hours determined
under subclause (b) of this clause but only if it is reasonable for the employee
to be requested 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:
(i) the
employee’s prior commitment outside the workplace, particularly the employee’s
family and carers responsibilities, community obligations or study
arrangements;
(ii) any risk to
employee health and safety;
(iii) the urgency
of the work required to be performed during overtime, the impact on the
operational commitments of the GHRRA and the effect on client services;
(iv) 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
(v) any other
relevant matter.
(b)
(i) All time
worked before the ordinary commencing time or after the ordinary ceasing time,
Monday to Friday inclusive, as prescribed in clause 6, Hours of Work of this
Award, and before noon on Saturdays, shall be paid for at the rate of time and
one-half for the first two hours and double time thereafter.
(ii) All time
worked after 12 noon on Saturdays and on Sundays shall be paid for at the rate
of double time.
(iii) The
provisions of this subclause shall not apply to stewards, cadet stewards,
casual stewards, deputy chief steward and chief steward.
(c) Stewards
(i) Overtime
shall be paid at the rate of time and a half for the first two hours and double
time thereafter for all hours over and above thirty-eight where the GHRRA
requires them to undertake further duties.
9. Allowances
(a) Meal
Allowances shall be paid in accordance with the provisions for meal allowances
paid under the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2006, or any subsequent variation or replacement Award.
(b) Travelling
Allowances shall be paid in accordance with the Crown Employees (Public Service
Conditions of Employment) Reviewed Award 2006, or any subsequent variation or
replacement Award.
(c) Where a meal
is not provided by the Race Club, stewards (including casual stewards) will be
eligible for payment of lunch and/or dinner allowances in accordance with the
Crown Employees (Public Service Conditions of Employment) Reviewed Award 2006,
or any subsequent variation or replacement Award.
10. Higher Grade Work
An employee who is required to act in a higher position
named in this Award and who carries out the full duties and assumes the full
responsibilities of the position for at least one full working week shall be
paid the difference between the employee’s usual rate of pay and the minimum
rate of pay for the higher position.
11. Finishing at
Night
(a) An employee required
to work to 7:00 pm or beyond shall be provided with a taxi where:
(i) normal public
transport is not available; and
(ii) costs are
incurred over and above those normally paid for transport to home.
(b) All employees
shall be entitled to a minimum ten (10) hour break between finishing work on
one day, and starting the next.
Stewards are entitled to an eight (8) hour break between arrival at home
and departure for the next race meeting.
12. Terms of
Employment
(a) Employees
shall be paid not less frequently than every two weeks.
(b) Notwithstanding
anything contained in this Award, the GHRRA may terminate employment by the
giving of two weeks notice in writing, or for such longer period as the GHRRA
may have contracted with an individual employee. An employee desiring to terminate his/her employment with the
GHRRA shall give two weeks notice in writing, or such longer period as
contracted with the GHRRA.
Provided that nothing contained in this clause shall
prevent an employee's employment being terminated without notice on the grounds
of the employee's serious misconduct.
13. Public Holidays
(a) Public
holidays shall be allowed to employees on full pay.
(b) For the
purpose of this clause, the following shall be deemed to be public holidays -
New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday,
Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day, Bank
Holiday, or in lieu of any such day any holiday proclaimed in lieu thereof
together with any day duly proclaimed as a special day and observed as a public
holiday within the area in which the employee's headquarters are situated.
(c) Employees
(other than stewards) rostered for work on public holidays shall be granted:
(i) an option of
payment at the prescribed public holiday rates; or
(ii) time off in
lieu to be taken at the hourly equivalent to the overtime rate
(iii) time off is
to be taken at a mutually agreed time.
(iv) the provisions
of this clause shall not apply to stewards, cadet stewards, casual stewards,
deputy chief steward and chief steward.
14. Recreation Leave
(a) Recreation
leave shall accrue from day to day at the rate of four weeks per annum,
exclusive of public holidays:
Recreation leave for stewards and cadet stewards accrues from month to
month at the rate of six weeks per year, exclusive of public holidays.
(b) Recreation
leave will be taken by employees by arrangement with the GHRRA at times
convenient to both parties.
(c) Each employee,
before proceeding on recreation leave shall, if they so request, be paid for
the full period of leave to be taken.
(d) An employee
who has acquired a right to recreation leave shall, on the termination of their
services for any reason, be paid forthwith in lieu of such leave the monetary
value thereof. Where an employee dies,
such payment shall be made to the dependent relative or nominated beneficiary,
of such employee or, if there is no dependent relative, payment shall be made to
the nominated beneficiary of the employee.
(e) Each employee
shall be paid an Annual Leave Loading in accord with the Annual Leave Loading
payable from time to time to employees employed under the Public Sector Employment and Management Act 2002. The leave year
for the GHRRA is from January 1 to December 31 each year.
(f) Leave shall
not be allowed to accrue beyond a maximum of 8 weeks for all employees other
than stewards. For stewards a maximum
accrual of 12 weeks is allowed. Any exception to this must be with the approval
of the Chief Executive.
15. Sick Leave
Sick leave shall be granted in accordance with the
provisions of the Crown Employees (Public Service Conditions of Employment)
Reviewed Award 2006, or any subsequent variation or replacement Award.
16. Family and
Community Service Leave, Personal Carer’s Leave
(a) The definition
of "family" and "relative" for the purpose of this clause
is the person who needs the employee’s care and support and is referred to as
the "person concerned" and is:
(i) a spouse of
the employee; or
(ii) a de facto
spouse, who in relation to a person, is a person of the opposite sex to the
first mentioned person as the husband or wife of that person on a bona fide domestic
basis although not legally married to that person; or
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial) parent (including a foster parent or legal guardian), grandparent,
grandchild or sibling of the employee or of the spouse or de facto spouse of
the employee; or
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
(1) 'relative'
means a person related by blood, marriage or affinity;
(2) 'affinity'
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
(3) 'household'
means a family group living in the same domestic dwelling.
(b) Family and
Community Services Leave:
(i) The Chief
Executive may grant family and community service leave to an employee:
(1) for reasons
related to the family responsibilities of the employee; or
(2) for reasons
related to the performance of community service by the employee; or
(3) in a case of
pressing necessity.
(ii) Family
and Community Services Leave replaces Short leave.
(iii) The maximum amount
of family and community services leave on full pay that may be granted to an
employee is:
(1) 2.5 working
days during the first year of service and 5 working days in any period of 2
years after the first year of service, or
(2) 1 working day
for each year of service after 2 years continuous service, minus any period of
family and community service leave already taken by the employee;
whichever is the greater period.
(iv) Family and
Community Service Leave is available to part-time employees on a pro rata
basis, based on the number of hours worked.
(v) Where family
and community service leave has been exhausted, additional paid family and
community service leave of up to 2 days may be granted on a discrete `per
occasion’ basis on the death of a person defined in subclause (a).
(c) Use of Sick
Leave to care for a sick dependant - general:
When family and community service leave, as outlined in
subclause (b) is exhausted, the sick leave provisions under clause (d) may be
used by an employee to care for a sick dependant.
(d) Use of sick
leave to care for a sick dependant - entitlement:
(i) The
entitlement to use sick leave in accordance with this clause is subject to:
(a) the employee
being responsible for the care and support of the person concerned, and
(b) the person
concerned being as defined in subclause (a).
(ii) 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.
(iii) 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.
(iv) 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 (d)(iii).
(v) 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.
(vi) 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.
(vii) 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.
(viii) In normal
circumstances, the employee must not take leave under this subclause where
another person has taken leave to care for the same person.
17. Extended Leave
Employees shall be granted extended leave on such terms and
conditions as may be applicable from time to time to employees employed under
the provisions of the Public Sector Employment and Management Act 2002
and the Regulations made thereunder.
18. Roster Leave
Each steward shall be granted nine days leave of absence in
each period of twenty-eight days. Such
time off duty may be granted weekly or allowed to accumulate for twenty-eight
days. Where it is not convenient for
the GHRRA to grant the full amount of leave due in each period of twenty-eight
consecutive days, stewards may accumulate such leave. Leave under this clause shall not be allowed to accumulate to
more than twelve days in a 12 month period.
No payment in lieu of roster leave shall be made.
19. Parental Leave
As per the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2006.
20. Protective
Clothing
(a) Where
employees are required to work in dirty conditions or in inclement weather, or
where the nature of the work otherwise so demands, the necessary protective
clothing and equipment shall be supplied on loan by the GHRRA.
(b) The
Association shall be consulted in the event of there being any dispute about
the need for any item of protective clothing or equipment.
(c) Where
employees are required to wear distinctive clothing or uniforms, such will be
supplied by the GHRRA.
21. Adverse Reports
No adverse report shall be placed with the personal records
of an employee or noted thereon unless the employee concerned has been shown
and signed the said report and has been given an opportunity to respond.
22. Filling of
Vacancies
All vacancies shall, as far as possible, be brought to the
notice of existing employees. All
employees shall be entitled to apply for any vacancy.
A policy to deal with the filling of temporary vacancies
shall be developed in consultation with the Association.
23. Consultation
An employee dissatisfied with any decision of the GHRRA,
either in particular or in general, in regard to his/her salary classification
or to the nature of the work performed by or assigned to him/her is entitled to
bring such grievance to the notice of management of the GHRRA in the terms set
out in clause 24 of this Award. This
also applies in regard to any decision of the GHRRA to dismiss such employee or
request him/her to resign, or any decision of the GHRRA regarding an
appointment or promotion. An employee
is entitled to be accompanied by a representative of the Association in such
proceedings, if the employee so desires.
24. 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 GHRRA, 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 DPE 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, GHRRA and DPE 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
25. Existing
Conditions
All existing privileges and conditions existing at the
commencement of this Award shall continue during the currency of this Award.
26. Salary Packaging Arrangements, including Salary Sacrifice
to Superannuation
An employee may elect, subject to the agreement of the
GHRRA, to enter into a Salary Packaging Arrangement in accordance with the
provisions of clause 5 of the Crown Employees (Public Sector - Salaries 2007)
Award or any variation or replacement Award.
27.
Anti-Discrimination
(a) 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.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this Award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this Award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the Award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(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."
28. Secure Employment
(a) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(b) Casual
Conversion
(i) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(ii) Every
employer of such a casual employee shall give the employee notice in writing of
the provisions of this sub-clause within four weeks of the employee having
attained such period of six months. However, the employee retains his or her
right of election under this subclause if the employer fails to comply with
this notice requirement.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this Award pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW);
Provided that an employee who
has worked on a full-time basis throughout the period of casual employment has
the right to elect to convert his or her contract of employment to full-time
employment and an employee who has worked on a part-time basis during the
period of casual employment has the right to elect to convert his or her
contract of employment to part-time employment, on the basis of the same number
of hours and times of work as previously worked, unless other arrangements are
agreed between the employer and the employee.
(vii) Following an
agreement being reached pursuant to paragraph (vi), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(1) A “labour hire
business” is a business (whether an organisation, business enterprise, company,
partnership, co-operative, sole trader, family trust or unit trust, corporation
and/or person) which has as its business function, or one of its business
functions, to supply staff employed or engaged by it to another employer for
the purpose of such staff performing work or services for that other employer.
(2) A “contract
business” is a business (whether an organisation, business enterprise, company,
partnership, co-operative, sole trader, family trust or unit trust, corporation
and/or person) which is contracted by another employer to provide a specified
service or services or to produce a specific outcome or result for that other
employer which might otherwise have been carried out by that other employer’s
own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either directly,
or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide employees
of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in
this subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(d) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this Award.
(e) This clause has no application in
respect of organisations which are properly registered as Group Training
Organisations under the Apprenticeship and Traineeship Act 2001 (or
equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
29. Area, Incidence
and Duration
(a) This Award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Greyhound
Racing Authority (NSW) Award published 28 May 2004 (344 I.G. 702) and all
variations thereof.
(b) 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 NSW on 28 April
1999 (310 I.G. 359) and take effect on 26 July 2007.
(c) 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
|
Classification
|
Salary as at 1/7/07
|
|
|
$
|
|
Administration Manager
|
Equivalent to
A&C Grade 9/10
|
|
Year 1
|
79,188
|
|
Year 2
|
81,414
|
|
Year 3
|
84,738
|
|
Thereafter
|
87,263
|
|
Chief Steward
|
Equivalent to
A&C Grade 9/10
|
|
Year 1
|
79,188
|
|
Year 2
|
81,414
|
|
Year 3
|
84,738
|
|
Thereafter
|
87,263
|
|
Administrative Officer (Finance)
|
Equivalent to
A&C Grade 9
|
|
Year 1
|
79,188
|
|
Thereafter
|
81,414
|
|
Special Projects Officer
|
Equivalent to
A&C Grade 8
|
|
Year 1
|
74,527
|
|
Thereafter
|
76,896
|
|
Accountant
|
Equivalent A& C
Grade 7
|
|
Year 1
|
69,468
|
|
Thereafter
|
71,546
|
|
Deputy Chief Steward
|
Equivalent to
A&C Grade 7
|
|
Year 1
|
69,468
|
|
Thereafter
|
71,546
|
|
Manager, Registration Division
|
Equivalent to
A&C Grade 7
|
|
Year 1
|
69,468
|
|
Thereafter
|
71,546
|
|
Stewards
|
Equivalent to
A&C Grade 6
|
|
Year 1
|
65,527
|
|
Thereafter
|
67,448
|
|
Clerk
|
Equivalent to
A&C Grade 3/4
|
|
Year 1
|
51,784
|
|
Year 2
|
53,344
|
|
Year 3
|
55,010
|
|
Thereafter
|
56,701
|
|
Executive Assistant to Chief Executive
|
Equivalent to A&C
Grade 3/4
|
|
Year 1
|
51,784
|
|
Year 2
|
53,344
|
|
Year 3
|
55,010
|
|
Thereafter
|
56,701
|
|
Field Officer
|
Equivalent to
A&C Grade 3
|
|
Year 1
|
51,784
|
|
Thereafter
|
53,344
|
|
Greyhound Identity Officer
|
Equivalent to
A&C Grade 2
|
|
Year 1
|
49,012
|
|
Thereafter
|
50,356
|
|
Personal Assistant to Chief Steward
|
Equivalent to
A&C Grade 2
|
|
Year 1
|
49,012
|
|
Thereafter
|
50,356
|
|
Cadet Steward
|
Equivalent to
A&C Grade 1
|
|
Year 1
|
46,320
|
|
Thereafter
|
47,682
|
|
Registration Clerk
|
Equivalent to
A&C Grade 1
|
|
Year 1
|
46,320
|
|
Thereafter
|
47,682
|
|
Casual Steward
|
$187.00 per meeting
|
Appendix A
(1) Personal Carers entitlement for casual
employees
(a) Casual employees are entitled to not be
available to attend work, or to leave work if they need to care for a family
member described in (2) below who is sick and requires care and support, or who
requires care due to an unexpected emergency, or the birth of a child. This
entitlement is subject to the evidentiary requirements set out below in (d),
and the notice requirements set out in (e).
(b) The GHRRA and the casual employee shall
agree on the period for which the employee will be entitled to not be available
to attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) The GHRRA must not fail to re-engage a
casual employee because the employee accessed the entitlements provided for in
this clause. The rights of the GHRRA to engage or not to engage a casual
employee are otherwise not affected.
(d) The casual employee shall, if required,
(i) establish either by production of a
medical certificate or statutory declaration, the illness of the person
concerned and that the illness is such as to require care by another person, or
(ii) establish by production of documentation
acceptable to the GHRRA or a statutory declaration, the nature of the emergency
and that such emergency resulted in the person concerned requiring care by the
employee.
In normal
circumstances, a casual employee must not take carer's leave under this subclause
where another person had taken leave to care for the same person.
(e) The casual employee must, as soon as
reasonably practicable and during the ordinary hours of the first day or shift
of such absence, inform the GHRRA of their inability to attend for duty. If it
is not reasonably practicable to inform the GHRRA during the ordinary hours of
the first day or shift of such absence, the employee will inform the GHRRA
within 24 hours of the absence.
(2) A family member for the purposes of
(1)(a) above is:
(a) a spouse of the staff member; or
(b) a de facto spouse being a person of the
opposite sex to the staff member who lives with the staff member as her husband
or his wife on a bona fide domestic basis although not legally married to that
staff member; 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 or legal guardian), grandparent, grandchild or
sibling of the staff member or of the spouse or de facto spouse of the staff
member; or
(d) a same sex partner who lives with the
staff member as the de facto partner of that staff member on a bona fide
domestic basis; or a relative of the staff member who is a member of the same
household, where for the purposes of this definition:-
"relative" means a person related by blood, marriage, affinity
or Aboriginal kinship structures;
"affinity" means a relationship that one spouse or partner has
to the relatives of the other; and
"household" means a family group living in the same domestic
dwelling.
(3) Bereavement entitlements for casual
employees
(a) Casual employees are entitled to not be
available to attend work, or to leave work upon the death in Australia of a
family member on production of satisfactory evidence (if required by the
GHRRA).
(b) The GHRRA and the casual employee shall
agree on the period for which the employee will be entitled to not be available
to attend work. In the absence of agreement, the employee is entitled to not be
available to attend work for up to 48 hours (i.e. two days) per occasion. The
casual employee is not entitled to any payment for the period of
non-attendance.
(c) The GHRRA must not fail to re-engage a casual
employee because the employee accessed the entitlements provided for in this
clause. The rights of the GHRRA to engage or not engage a casual employee are
otherwise not affected.
(d) The casual employee must, as soon as
reasonably practicable and during the ordinary hours of the first day or shift
of such absence, inform the GHRRA of their inability to attend for duty. If it
is not reasonably practicable to inform the GHRRA during the ordinary hours of
the first day or shift of such absence, the employee will inform the GHRRA
within 24 hours of the absence.
Appendix B
(1) Refer to the Industrial Relations Act
1996 (NSW). The following provisions
shall also apply in addition to those set out in the Industrial Relations
Act 1996 (NSW).
(2) The GHRRA must not fail to re-engage a
regular casual employee (see section 53 (2) of the Industrial Relations Act 1996 (NSW) because:
(a) the employee or employee’s spouse is
pregnant; or
(b) the employee is or has been immediately
absent on parental leave.
The rights of the GHRRA in relation to engagement and re-engagement of
casual employees are not affected, other than in accordance with this clause.
(3) Right to request
(a) An employee entitled to parental leave
may request the GHRRA to allow the employee:
(i) to extend the period of simultaneous
unpaid parental leave up to a maximum of eight weeks;
(ii) to extend the period of unpaid parental
leave for a further continuous period of leave not exceeding 12 months;
(iii) to return from a period of parental leave
on a part-time basis until the child reaches school age.
to assist the employee in reconciling work and parental
responsibilities.
(b) The GHRRA shall consider the request having
regard to the employee’s circumstances and, provided the request is genuinely
based on the employee’s parental responsibilities, may only refuse the request
on reasonable grounds related to the effect on the workplace or the GHRRA’s
business. Such grounds might include
cost, lack of adequate replacement staff, loss of efficiency and the impact on
customer service.
(c) Employee’s request and the GHRRA's
decision to be in writing
Employee’s
request and employer’s decision made under 3(a) and 3(b) must be recorded in
writing.
(d) Request to return to work part-time
Where an
employee wishes to make a request under 3(a)(iii), such a request must be made
as soon as possible but no less then seven weeks prior to the date upon which
the employee is due to return to work from parental leave.
(4) Communication during parental leave
(a) Where an employee is on parental leave
and a definite decision has been made to introduce significant change at the
workplace, the GHRRA shall take reasonable steps to:
(i) make information available in relation
to any significant effect the change will have on the status or responsibility
level of the position the employee held before commencing parental leave; and
(ii) provide an opportunity for the employee
to discuss any significant effect the change will have on the status or
responsibility level of the position the employee held before commencing
parental leave.
(b) The employee shall take reasonable steps
to inform the GHRRA about any significant matter that will affect the
employee’s decision regarding the duration of parental leave to be taken,
whether the employee intends to return to work and whether the employee intends
to request to return to work on a part time basis.
(c) The employee shall also notify the GHRRA
of changes of address or other contact details which might affect the GHRRA’s
capacity to comply with subclause 4(a) above.
J.
P. GRAYSON
D.P.
____________________
Printed by
the authority of the Industrial Registrar.