SKI INDUSTRY (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notices of award review pursuant to section 19 of the Industrial
Relations Act 1996.
(Nos. IRC 4618 and 4619 of 1999)
|
Before Mr Deputy President Sams
|
19 April
2001
|
REVIEWED AWARD
Arrangement
1. Definitions
2. Rates of
Pay
3. Allowances
4. Safety
Net Commitments
5. Mixed
Functions
6. Hours of
Work
7. Rostered
Days Off
8. Rosters
9. Overtime
10. Meal
Breaks and Meal Allowances
11. Stand
Down/Stand-by Arrangements
12. Public
Holidays
13. Payment of
Wages
14. Contract
of Employment
15. Sick Leave
16. Personal/Carer’s
Leave
17. Bereavement
Leave
18. Annual
Leave
19. Use of
Uphill Transport Facilities and other Employee Responsibilities
20. Protective
Clothing
21. No
Publicity Rights
22. Disputes
and Industrial Grievance Procedure
23. Superannuation
24. Anti-Discrimination
25. Area,
Incidence and Duration
Appendix A - Rates of Pay
Appendix B - Other Rates and Allowances
1. Definitions
(i) "Casual
Employee" means an employee engaged by the hour to work on an hourly
basis.
(ii) "Daily
Employee" means an employee who has signed an Employment Arrangement Form
with the employer and whose term of employment, as shown on the form, has not
been terminated and who is engaged to work for a limited period on a daily
basis as required.
(iii) "Employer"
means Perisher Blue Pty Limited, Kosciusko Thredbo Pty Limited, Mt. Selwyn
Snowfields Pty Limited and Charlotte's Pass Village Pty Limited.
(iv) "Supervisor"
means an authorised officer of the employer to whom an employee is directly
responsible.
(v) "Union"
means the Australian Workers’ Union, New South Wales.
(vi) "Union
Representative" means an employee elected from time to time by other
employees, who are union members, as their representative to communicate with
the Union and the employer on industrial matters.
(vii) "Week"
means any seven consecutive days as nominated from time to time by the
employer.
(viii) "Weekly
Employee" means an employee engaged on a weekly basis who has signed an
Employment Arrangement form with the employer and whose term of employment, as
shown on the form, has commenced but has not been terminated.
2. Rates of Pay
Group A - Weekly Rates ) as
set out in Appendix A - Rates of Pay
Group B - Daily Rates )
Group C - Casual Rates:
Employees in Group C may be engaged in classifications in Group A or B
as a casual employee and shall be paid a loading of 15 per cent in addition to
the appropriate hourly rate which shall be deemed to incorporate payment for
pro rata annual leave. The hourly rates
in Group B shall be reduced by one-thirteenth to avoid double counting.
General - The rates prescribed by these conditions shall be
adjusted in accordance with State Wage Case decisions.
The rates prescribed by this clause are all inclusive and
have been fixed on the basis that they include compensation for all incidences
of the employment, including the location of the work, seasonal conditions and
variations, the need to work in the open, and/or exposed to the elements,
and/or in all sorts of weather, including wet and windy and hot and cold
weather or any combination thereof, and where considered necessary at night
and/or as shift workers.
3. Allowances
3.1 Leading Hand
Allowances - An employee appointed as a leading hand or required by an employer
to perform the duties of such, shall be paid in addition to the wage rate
otherwise prescribed, the allowances set out in Items 1 - 3 of Appendix B -
Other Rates and Allowances.
3.2 Sewerage Farm
Allowance
Resort Worker at Thredbo designated as sewerage farm
attendant shall be paid an additional amount as set out in Item 4 of Appendix B
- Other Rates and Allowances for all purposes of this award.
3.3 Equipment
Allowance
(a) Where the
employer does not provide all tools and equipment (including ski equipment and
boots) required to perform the duties of an employee classified as a Lift
Operator, Lift Attendant or Courtesy Staff in Groups A or B of Appendix A -
Rates of Pay, the employee shall be paid an allowance as set out in Item 5 of
Appendix B - Other Rates and Allowances.
(b) Where the
employer does not provide all tools and equipment required to perform the
duties of an employee classified as Ski Patrol or Trail Crew in Group A of
Appendix A - Rates of Pay, the employee shall be paid an allowance as set out
in Item 6 of Appendix B - Other Rates and Allowances.
(c) Where the
employer does not provide all tools and equipment (including boots) required to
perform the duties of an employee classified as Snow Groomer Operator, Snow
Maker or Resort Worker, in Groups A and B of Appendix A - Rates of Pay, the
employee shall be paid an allowance as set out in Item 7 of Appendix B - Other
Rates and Allowances.
(d) Employees may
purchase boots from the employer at cost price. Payment may be made either in a lump sum or, at the election of
the employee, by deduction from wages of an amount per week not less than 10
per cent of the cost of the boots. Any
amount unpaid as at the termination of employment shall be deducted from moneys
due to the employee.
4. Safety Net
Commitments
The rates of pay in this award include the adjustments
payable under the State Wage Case 2000.
These adjustments may be offset against:
(a) any equivalent
over award payments, and/or
(b) any wage
increases since 29 May 1991 other than safety net, state wage case and minimum
rates adjustments.
5. Mixed Functions
5.1 Any weekly or
daily employee engaged on any one day or shift for a period exceeding four
hours in the aggregate on work carrying a higher rate than the classification
in which the employee is employed shall be paid the higher rate for such day or
shift. If so engaged for four hours or
less in the aggregate on any one day or shift, the employee shall be paid the higher
rate for the time so worked.
6. Hours of Work
6.1 Ordinary hours
of work for employees in Group A will be an average of 38 hours per week in any
four-week period and may, at the employer's discretion, include one rostered
day off per four weeks in accordance with Clause 7, Rostered Day Off, or the
working of 7.6 hours per day.
6.2 Ordinary hours
worked by employees in Group A may be performed on any or all days of the week.
6.3 Ordinary hours
of work for employees in Group B shall, at the employer's discretion, be 7.6
hours per day or eight hours per day, in which case such employee shall
accumulate a credit of 24 minutes per day which shall be paid for on
termination.
7. Rostered Days Off
7.1 For each day
or shift upon which an employee in Group A is rostered to work eight hours as
part of his ordinary working week including a day upon which an employee is
absent with reasonable excuse, proof of which shall lie on the employee, the
employee shall accumulate twenty-four minutes towards a rostered day off
without loss of pay.
7.2 No employee
shall be entitled to a rostered day off until he or she has accumulated in
accordance with subclause 7.1 seven hours and thirty-six minutes.
7.3 An employee
shall take his or her rostered day off on a day not being a Saturday, Sunday or
public holiday, at the discretion of the employer, provided that the employer
shall grant and the employee shall take the rostered day off within fourteen
days of the employee's entitlement thereto arising.
7.4 In the event
of an emergency an employer may require an employee to work on his or her
rostered day off, provided that the employee is paid time and a half for work
done on that day and the employee is granted another day off as a rostered day
off in lieu thereof.
7.5 Upon
termination an employee shall be paid all time credited to him in accordance
with subclause 7.1 and which has not been taken by him or her as a rostered day
off.
7.6 Notwithstanding
the provisions of subclauses 7.1 to 7.5 inclusive, if the majority of employees
covered by this award agree that rostered days off should be accumulated until
the employee's termination, such days shall be so accumulated for all
employees.
8. Rosters
8.1 A daily
roster, showing days of work for all employees, is to be prepared daily and
displayed no later than midday of the day prior to the commencement of the
roster.
8.2 Changes to the
roster shall only be made when reasonable notice is provided to the employee.
9. Overtime
9.1 Overtime
(a) All time
worked in excess of an employee's ordinary hours of work each week, prescribed
in Clause 6, Hours of Work, shall be referred to as overtime.
(b) The first two
hours of overtime performed each week shall be paid for at the employee's
normal hourly rate.
(c) All time worked
in excess of the first two hours of overtime each week shall be paid for at the
rate of time and one half for the first two hours and at double time
thereafter.
(d) Employers may
roster reasonable overtime in order to meet the requirements of their business.
9.2 Call Back
Employees who have worked two hours overtime in a week
and who are recalled to work further overtime after the cessation of work on
any day in the same week shall be paid for a minimum of 4 hours work at the
appropriate rate for each time they are so recalled.
9.3 Rest Periods
All employees shall have a rest period of at least ten
hours between ceasing work on one day and recommencing work on the same or the
next day. If employees do not receive
this rest period they will be paid overtime rates until released from such duty
for such rest period.
10. Meal Breaks and
Meal Allowances
10.1 Meal breaks of
not less than half an hour are to be arranged on a roster basis.
10.2 Lift Operators
at Perisher Blue Pty Limited shall be entitled:
(a) in addition to
a half hour meal break, to two breaks of half an hour’s duration during the
period of a day’s employment; or
(b) in the
alternative, if agreed by the majority of employees working in that
classification, to at least two breaks totalling one and a half hours per day.
10.3 Where an
employee is required to work for more than five hours without a meal break
overtime rates shall be paid until such a break is provided.
10.4 All employees
required to work during their rostered meal breaks shall be paid at overtime
rates until they have received a meal break of the usual period.
10.5 When an
employee is required to continue working overtime for more than two hours after
ordinary ceasing time a meal allowance as set out in Item 8 of Appendix B shall
be paid if a meal is not provided.
Provided that if such overtime extends, an extra meal allowance as set
out in Item 8 of Appendix B shall be paid after each subsequent four hours
worked if a meal is not provided.
11. Stand
Down/Stand-By Arrangements
11.1 The employer
shall have the right to deduct payment for any day or part thereof the employee
cannot be usefully employed because of any strike or through any breakdown in
machinery or any stoppage of work by any cause for which the employer cannot
reasonably be held responsible.
11.2 Where a stand
down is due to unfavourable weather conditions preventing or limiting normal
operations, weekly and daily employees shall be paid a minimum of four hours
pay at normal rates.
12. Public Holidays
12.1 In view of the
nature of the operations of the employers covered by these conditions,
employees may be required to work on public holidays.
12.2 Public holidays
will be as gazetted for the whole of the State of New South Wales.
12.3 When worked on
the public holiday the employee shall be paid the rate of double time and one
half.
13. Payment of Wages
13.1 Wages will be
paid no later than three days after the end of the pay week by electronic funds
transfer. In the event that this is not
possible through technological failure, wages will be paid by cash or
cheque.
13.2 When an
employee is kept waiting for wages beyond the term specified by this clause,
the employee shall be paid ordinary time rates until payment is made, except
where such waiting time is occasioned by reasons beyond the control of the
employer.
14. Contract of
Employment
14.1 Contract of
Employment - Weekly Employees -
(a) All employees
paid a weekly rate of pay as prescribed in Group A as set out in Appendix A,
shall be deemed to be employed by the week.
(b) Termination of
Employment -
(1) Employment
shall be terminated by a week's notice on either side given at any time during
the week or by the payment or forfeiture, as the case may be, of the wages an
employee would have received in respect of the ordinary time the employee would
have worked during the period of notice had the employee’s employment not been
terminated.
(2) Notwithstanding
the provisions of subparagraph (a) of this paragraph, the employer shall have
the right to dismiss any employee without notice for malingering, inefficiency,
neglect of duty, refusing duty, or misconduct and in such cases the wages shall
be paid up to the time of dismissal only.
(3) Where the
employee has given or been given notice as in subclause (a) above the employee
shall, unless expressly permitted otherwise, continue in employment until the
date of the expiration of such notice.
If, without reasonable cause (proof of which shall be the employee's
responsibility), the employee is absent from work during such period the
employee shall be deemed to have abandoned his or her employment and shall not
be entitled to payment for work performed within that period provided however,
an employee other than a casual employee, shall, on request, be granted leave
of absence without pay for one day in order to look for alternative employment.
14.2 Contract of
Employment - Daily Employees -
(a) All employees
engaged under Group B of Appendix A of this award, shall be deemed to be
employed by the day.
(b) Termination of
Employment -
One day's notice shall be given on either side or one
day's pay shall be paid or forfeited in lieu thereof.
14.3 Contract of
Employment - Casuals -
(a) All employees
engaged under Group C of Clause 3, Rates of Pay, of this award shall be deemed
to be employed by the hour.
(b) Termination of
Employment -
One hour's notice shall be given on either side or one
hour's pay shall be paid or forfeited in lieu thereof.
14.4 Rolling Notice
In some cases a Daily or Weekly Employee may be
provided with notice as set out above and then, because of an extension of the
season due to favourable weather conditions, the opportunity arises for the
employee to be provided with further work.
In such cases where notice has already been given and
an employee works on, a further one hour’s notice shall be given on either side
or one hour’s pay shall be given or forfeited in lieu where the employment is
to be terminated.
14.5 Engagement -
(a) All
prospective employees shall complete an employment application form prior to
each engagement. The information given
on the application form shall be true in every respect and if subsequently any
detail is found to be untrue the employer may terminate the employee without
notice.
(b) Upon being
accepted an employee shall sign an employment acceptance form.
15. Sick Leave
15.1 Each Group B
employee who has completed 20 days service, and each Group A employee who has
completed four weeks' continuous service, who is absent from work on account of
personal illness or accident, not being an accident compensatable by workers'
compensation, shall be entitled to leave of absence with pay subject to the
following conditions and limitations:
(i) The employee
shall, prior to the commencement of the shift unless not reasonably
practicable, inform the employer of his or her inability to attend for duty
and, insofar as practicable, state the nature of the illness and the estimated
duration of the absence.
(ii) The employee
shall furnish such evidence as the employer reasonably may require that he or
she was unable, by reason of such illness or injury, to attend for duty on the
day or days for which sick leave is claimed.
(iii) Subject to
subclauses (i) and (ii) of this clause, an employee shall be entitled to sick
leave at the rate of one day per month during the ski season, namely the months
of June, July, August and September, and one day per two months during the
remainder of the year. Untaken sick
leave may accumulate with continuous service up to sixty days.
16. Personal/Carer’s
Leave
16.1 Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
persons set out in subparagraph (2) of paragraph (c) who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 15, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, 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.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) the person
concerned being:
(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 who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
marred 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 child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(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 subparagraph:
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.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person’s relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
16.2 Unpaid Leave
for Family Purpose
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (2) of paragraph (c) of subclause 16.1 who is ill.
16.3 Annual Leave
(a) A Weekly
Employee may elect with the consent of the employer, subject to the Annual
Holidays Act 1944, to take annual leave not exceeding five days in
single day periods or part thereof, in any calendar year at a time or times
agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
16.4 Time Off in
Lieu of Payment for Overtime
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
16.5 Make-up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
16.6 Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
17. Bereavement Leave
17.1 An employee,
other than a casual employee, shall be entitled to two days bereavement leave
without deduction of pay, on each occasion of the death of a person as
prescribed in subclause 17.3.
17.2 The employee
must notify the employer as soon as practicable of the intention to take
bereavement leave and will, if required by the employer, provide to the
satisfaction of the employer proof of death.
17.3 Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in
subparagraph (2) of paragraph (c) of subclause 16.1 of clause 16,
Personal/Carer’s Leave provided that, for the purpose of bereavement leave, the
employee need not have been responsible for the care of the person concerned.
17.4 An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
17.5 Bereavement
leave may be taken in conjunction with other leave available under subclauses
16.2, 16.3, 16.4, 16.5 and 16.6 of the said clause 16. In determining such a request, the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
18. Annual Leave
See Annual Holidays Act 1944.
19. Use of Uphill
Transport Facilities and Other Employee Responsibilities
19.1 Where the
employee is allowed to use chair lifts, T-bars and other uphill transport of
whatever nature free of charge, such transport shall only be used in accordance
with the conditions published by the employer.
19.2 Further, where
such uphill transport or facilities are used they are used on the condition
that the employer shall not be liable for any loss, damage or injury to the
employee or the employee’s property in any way caused with or attributable to
the area held by the employer under lease.
20. Protective
Clothing
20.1 The employer
shall provide all employees required to
work outdoors with wet weather and protective clothing, free of charge. All such
protective clothing shall remain the property of the employer.
20.2 Protective clothing
shall include a hat, a parka coat, a fleece, overpants, one pair of either
sunglasses or goggles as determined by the employer, and one pair of protective
gloves which shall be sufficient to provide for both wet weather and cold
weather application.
20.3 All laundering
and cleaning costs of protective clothing specified in this clause shall be
paid for by the employer.
21. No Publicity
Rights
21.1 The employer
reserves the right to utilise any photographs, films or any form of publicity
taken of employees without any remuneration to employees.
22. Disputes and
Industrial Grievance Procedure
22.1 The procedure
for the resolution of industrial disputation and grievances will be in
accordance with the Industrial Relations Act 1996. These procedural steps are as follows:
(i) Procedure
relating to a grievance of an individual employee:
(a) The employee
shall notify (in writing or otherwise) the employer as to the substance of the
grievance, request a meeting with the employer for bilateral discussions and
state the remedy sought.
(b) The grievance
must initially be dealt with as close to the source as possible, with graduated
steps for further discussion and resolution at the higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees for the purpose
of each procedure.
(ii) Procedure for
a dispute between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable time
limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employer and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
23. Superannuation
23.1 The subject of
superannuation contributions is dealt with extensively by legislation including
the Superannuation Guarantee (Administration) Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act
1993, the Superannuation (Resolution of Complaints) Act 1993 and the Industrial
Relations Act 1996 (NSW). The legislation, as varied from time to time,
governs the superannuation rights and obligations of the parties.
23.2 The employer
shall be a participating employer in any of the following funds:
AMP Super Leader Plan for Casuals
Australian Superannuation Savings Employment Trust
(ASSET)
Hospitality Organisations and Portable Liquor Union
Superannuation Trust (HOST-PLUS) or
Superannuation Trust Scheme (STA)
and shall participate in accordance with the Trust Deed
of that fund.
23.3 The employer
shall contribute to the Fund in accordance with the legislation provided that
employer contributions do not fall below 3% of ordinary time earnings.
NOTATION: Employer contributions under relevant
legislation are set at 8% until 30 June 2002, when they will increase to 9%
from that date.
23.4 The employer
shall provide each employee upon commencement of employment with membership
forms of the fund and shall forward the completed membership form to the fund
within 14 days.
23.5 An employee may
make contributions to the fund in addition to those made by the employer.
23.6 An employee who
wishes to make additional contributions must authorise the employer in writing
to pay into the fund from the employee’s wages a specified amount in accordance
with the Trust Deed and the rules of the fund.
23.7 An employee may
vary his or her additional contributions by a written authorisation and the
employer must alter the additional contributions within 14 days of the receipt
of the authorisation.
23.8 All
contributions shall be made at the completion of each calendar month.
23.9 Ordinary time
earnings shall be as defined by the relevant legislation.
24. Anti-Discrimination
24.1 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 and age.
24.2 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 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.
24.3 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 of unlawful discrimination
or harassment.
24.4 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 person 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.
24.5 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.
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 the Act affects...any other act or
practice of a body established to propagate religion that conforms to the
doctrine of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
25. Area, Incidence and
Duration
25.1 This award
shall apply to the Union and to the Employers defined herein and to all persons
employed by the Employers in the classifications listed in Appendix A and Group
C - Casual Rates appearing in clause 2, Rates of Pay.
25.2 This award
shall take effect from the beginning of the first pay period to commence on or
after 20 August 1992 and shall remain in force thereafter for a period of
thirty months.
25.3 This award
shall not be varied during its term for any reason other than with the consent
of all parties or in order to implement State Wage Case variations or to give
effect to the Occupational Health and Safety Act 1983.
25.4 This reviewed
award replaces the Ski Industry (State) Award published 12 March 1993 (273 I.G.
972), as varied and rescinds and replaces the Ski Industry Remuneration (State)
Award published 8 may 1998 (304 IG 824), as varied.
26.5 The changes to
give effect to section 19 of the Act and the Commission’s Principles for Review
of Awards shall take effect on and from 19 April 2001.
Appendix A - Rates of Pay
|
Group A
|
SWC 1999
Weekly Rate
$
|
SWC 2000
$
|
New weekly rate (incl SWC 2000)
$
|
|
Lift Operator
|
476.70
|
15.00
|
491.70
|
|
Lift Attendant
|
410.50
|
15.00
|
425.50
|
|
Parking Attendant
|
410.50
|
15.00
|
425.50
|
|
Ski Patrol
|
536.50
|
15.00
|
551.50
|
|
Ticket Seller
|
442.70
|
15.00
|
457.70
|
|
Courtesy Staff
|
442.70
|
15.00
|
457.70
|
|
Snow Groomer Operator
|
574.00
|
15.00
|
589.00
|
|
Snow Maker
|
571.00
|
15.00
|
586.00
|
|
Driver
|
476.70
|
15.00
|
491.70
|
|
Resort Worker
|
437.70
|
15.00
|
452.70
|
|
Trail Crew
|
476.70
|
15.00
|
491.70
|
|
Ski Outlet Staff
|
437.70
|
15.00
|
452.70
|
|
Group B
|
SWC 1999
Daily Rate
$
|
New daily rate
(incl SWC 2000)
$
|
|
Lift Operator
|
103.2847
|
106.5347
|
|
Lift Attendant
|
88.9414
|
92.1914
|
|
Parking Attendant
|
88.9414
|
92.1914
|
|
Ski Patrol
|
116.2413
|
119.4913
|
|
Ticket Seller
|
95.9180
|
99.1680
|
|
Courtesy Staff
|
95.9180
|
99.1680
|
|
Snow Groomer Operator
|
124.3663
|
127.6163
|
|
Snow Maker
|
123.7163
|
126.9663
|
|
Driver
|
103.2847
|
106.5347
|
|
Resort Worker
|
94.8347
|
98.0847
|
|
Trail Crew
|
103.2847
|
106.5347
|
|
Ski Outlet Staff
|
94.8347
|
98.0847
|
Note: The rates of
pay in Group B incorporate a one-twelfth loading for pro rata annual leave.
Appendix B - Other Rates and Allowances
|
Item No
|
Clause
|
Brief Description
|
SWC 1999
Amount
$
|
SWC
2000
Amount
$
|
|
|
3.1
|
Leading Hand Allowance (per hour)
|
|
|
|
1.
|
3.1
|
In charge of 2 or more and up to and including 5 employees
|
0.41
|
0.42
|
|
2.
|
3.2
|
In charge of more than
5 and up to and including 10 employees
|
0.59
|
0.62
|
|
3.
|
3.3
|
In charge of more than 10 employees
|
0.69
|
0.71
|
|
4.
|
3.2
|
Sewerage Farm Allowance (per day)
|
6.29
|
6.49
|
|
5.
|
3.3(a)
|
Equipment Allowance
(per day) - Lift Operator, Lift Attendance or Courtesy Staff (Group A/B)
|
1.56
|
1.61
|
|
6.
|
3.3(b)
|
Ski Patrol or Trail Crew (per day) (Group A/B)
|
12.65
|
13.04
|
|
7.
|
3.3(c)
|
Snow Groomer Operator, Snow Make or Resort Worker (per
day) (Group A)
|
1.06
|
1.09
|
|
8.
|
10.5
|
Meal Allowance during overtime (per day):
|
|
|
|
|
|
More than one hour
|
6.54
|
7.10
|
|
|
|
After each subsequent four hours
|
5.32
|
5.80
|
Note: All expense
related allowances in this award have been varied in accordance with CPI
adjustments up to and including the June quarter 2000.
P. J.
SAMS, D.P.
____________________
Printed by the authority of the Industrial Registrar.