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New South Wales Industrial Relations Commission
(Industrial Gazette)





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SKI INSTRUCTORS (STATE) AWARD
  
Date06/29/2001
Volume325
Part5
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0162
CategoryAward
Award Code 801  
Date Posted05/01/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(801)

SERIAL C0162

 

SKI INSTRUCTORS (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notices of award review pursuant to section 19 of the Industrial Relations Act 1996.

 

(No. IRC 4294 and 4617 of 1999)

 

Before Mr Deputy President Sams

19 April 2001

 

REVIEWED AWARD

 

Arrangement

 

1.         Definitions

2.         Wages

3.         Working Hours

4.         Safety Net Commitments

5.         Guaranteed Weekly Earnings for Contract Employees

6.         Casual  Employment

7.         Annual  Leave

8.         No Publicity Rights

9.         Uniform and Equipment

10.       Relocation  Reimbursement

11.       Contracts of Employment

12.       Accident and Sickness

13.       Personal Carer’s Leave

14.       Bereavement Leave

15.       Disputes and Industrial Grievance Procedure

16.       Productivity and Related Matters

17.       Use of Uphill Transport Facilities and Other Employee Responsibilities

18.       Superannuation

19.       Anti-Discrimination

20.       Area, Incidence and Duration

 

Appendix A - Qualification Points and Monetary Rates Tables

Appendix B - Equivalence of Levels for Qualifications Points Table

Appendix C - Contract of Employment

 

1.         Definitions

 

(i)         "Category" means a classification of employees based on qualifications and experience in accordance with an established points table (See Appendices A, B and C).

 

(ii)        "Company" means Perisher Blue Pty Limited, Kosciusko Thredbo Pty Limited, Mt. Selwyn Snowfields Pty Limited and Charlotte's Pass Village Pty Limited.

 

(iii)       "Contract Instructor" means an employee employed by the Company as a Snow Sports Instructor for a guaranteed term and hours of employment as set out in Appendix A.

 

(iv)       "Employee" means a person employed as a ski instructor by the employer.

 

(v)        "Employer" means Perisher Blue Pty Limited, Kosciusko Thredbo Pty Limited, Mt. Selwyn Snowfields Pty Limited and Charlotte’s Pass Village Pty Limited.

 

(vi)       "Hourly Rate" means hourly rate of pay which includes consideration for equipment and entertainment expenses and pro rata annual leave.

 

(vii)      "Casual Instructor" means an employee employed by the Company as a Snow Sports Instructor on a day-to-day basis and/or a contract instructor outside his/her contract period.

 

(viii)     "Pay Week" means seven days inclusive of any seven consecutive days as determined from time to time by the Company.

 

(ix)       "Supervisor" means an authorised officer of the employer to whom an employee is directly responsible.

 

(x)        "Union" means the Australian Workers’ Union, New South Wales.

 

(xi)       "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.

 

2.  Wages

 

2.1        Hourly Rate - An hourly rate of pay is established for each instructor based on qualifications and experience and in accordance with the established qualifications and experience points table, as set out in Appendix "A".  The hourly rate includes consideration for equipment and entertainment expenses.  The hourly rate incorporates payment for pro rata annual leave. 

 

2.2        All teaching hours are to be paid at the appropriate rate and wages are to be paid weekly within four days of the end of each pay week.

 

3.  Working Hours

 

3.1        Ordinary Time - All time spent teaching is classified as ordinary working time.

 

3.2        Requested Day Off - Employees may request one day off per week by arrangement with the Ski School Supervisor or two half days per week mutually agreed by the parties.

 

3.3        Lunch Break - Employees are entitled to one half hour lunch break per day without pay provided they do not work more than 5 consecutive hours without a half hour break.  Where an employee is requested to work more than 5 hours without a break overtime rates will apply until a half hour break is taken.  If, by mutual agreement, an employee works longer than 5 hours without a break then that time shall not attract the overtime rate.

 

3.4        Related Duties - All employees may be required to carry out some duties other than teaching, but related to Ski School operation such as but not restricted to attending safety programmes, search and rescue operations, teaching clinics, contests, or demonstrations as directed by the Ski School Director.  It is expected that such duties will not exceed five hours per week.  The rate for such duties will be the applicable hourly rate.

 

3.5        Marketing and Public Relations - Employees may be required to carry out some duties relating to resort marketing and public relations.  Remuneration is to be agreed between the relevant department manager and employee.  These duties would include customer welcomings, flare runs, social functions and the like.  Notwithstanding the foregoing all rehearsals shall be done without pay.

 

3.6        The employee shall give the whole of his/her time, ability and attention during the hours of employment (or when reasonably required outside these hours) to his or her duties as a snow sports instructor and shall not be engaged or concerned in any other business not permitted pursuant to subclause 3.7 of this clause.  The employee shall perform his/her obligations hereunder to the best of his/her ability and in the manner calculated to promote the best interests of the employer.

 

3.7        Non-competition during Employment - Without limiting the generality of the foregoing, the employee will not during the continuance of this employment with the employer without its written consent directly or indirectly be concerned or interested whether as a principal, agent, partner, shareholder, director, employee or otherwise in any firm or corporation involved in the conduct of any business which is in competition with the employer's business being conducted at the employer resort; provided that this shall not prevent the employee from holding not more than five per cent of the issued capital of a company which is listed on any recognised stock exchange in Australia.

 

4.  Safety Net Commitments

 

4.1        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.  Guaranteed Weekly Earnings for Contract Employees

 

5.1        Guaranteed Weekly Earnings - The guaranteed weekly earnings and hours for contract employees per pay week will be those set out in Appendix A and as reproduced in the Contract of Employment as set out in Appendix C.

 

5.2        Poor Snow - During times of poor snow conditions contract employees may be required to perform other duties related to Ski Area operations or improvements, as directed by the Ski School Director to make up the guaranteed weekly earnings.

 

6.  Casual Employment

 

6.1        Outside the term of the guaranteed period or when an employee is employed casually, the employee is to be available as directed by mutual agreement with the Ski School Director.  If the employee leaves without the agreement of the Ski School Director outstanding payments will be forfeited.  Therefore, as a minimum, one week's notice or mutual agreement is required.

 

6.2        Where a Ski Instructor is engaged outside of or the contract period, the casual hourly rate shall be the applicable hourly rate for his or her classification as defined in their contract.  During such periods of casual employment the employee will be guaranteed a minimum of one hour per day if the employee reports for work when required.

 

7.  Annual Leave

 

7.1        The rates of pay in this award incorporate payment for pro rata annual leave. 

 

8.  No Publicity Rights

 

8.1        The Company reserves the right to release any photographs, films or any form of publicity taken of employees without any remuneration to employees.

 

9.  Uniform and Equipment

 

9.1        Employees are to be supplied, free of charge, with an appropriate waterproof Ski School Uniform as determined by the employer.

 

9.2        Where uniforms, protective clothing and/or other tools and equipment are issued on a personal basis, such items shall remain the property of the Company and must be produced by the employee to the employer when requested on termination of employment.  Loss due to any cause or damage through misuse by the employee shall be charged against the wages of the employee.  A deduction at a reasonable rate may be made by the Company from the wages of the employee, provided that no deduction shall be made for reasonable wear and tear.

 

9.3        The Company retains the right to involve sponsor/s of the Ski School from time to time and to specify that employees will not display or promote in any way any sponsor name without prior approval of the Ski School Director.

 

The Company reserves the right to supply promotional pins, badges, decals, etc. to be worn and equipment to be used by employees for the exclusive benefit of the said sponsors.

 

10.  Relocation Reimbursement

 

10.1      A Relocation Reimbursement will be paid to the appropriate Category of Instructor as per the amount set out in Appendix A hereto.

 

10.2      The benefits will be paid only to employees who are:

 

(a)        engaged overseas as part of an exchange programme or who work as a full time instructor for a full season at a Snow Sports School approved by prior arrangement with the Ski School Director;

 

(b)        engaged overseas and enter Australia as temporary non-residents.

 

In order to qualify for a relocation reimbursement the employee will be required to prove that a minimum of 8 weeks has been worked on a full time basis at an approved snow sports school and will also be required to produce the original airline ticket in order to prove that the expense has been incurred.

 

10.3      Where the employer so offers the benefit may be taken as an airline ticket to the value per category as set out in Appendix A.

 

11.  Contract of Employment

 

11.1      Application Form - All prospective employees must complete an Employment Application Form prior to each engagement.  The information given on the application form must be true in every respect and if proven incorrect, subsequent employment may be terminated.

 

11.2      Contract of Employment - Upon being accepted an instructor must sign a Contract of Employment as set out in Appendix C hereto attached and shall also be given at the time of engagement a copy of this award, and a payroll deduction form for Union contributions.

 

11.3      Seasonal - All employment is defined as seasonal.

 

11.4      Notice of Termination During Contact Period - Employment may be terminated by either party on one week's notice or by payment or forfeiture of one week's pay respectively (i.e. 25 hours x hourly rate) in lieu of notice, after contract guarantee has been met.  Provided however, that if the employee leaves without the agreement of the Ski School Director, any outstanding relocation reimbursement will be forfeited.  A Termination Advice Form is to be completed and signed by the supervisor and the employee.

 

11.5      Misconduct - A contract of employment may be terminated without notice in case of neglect of duty or misconduct.

 

Notwithstanding the generality of the foregoing, termination without notice shall be justified in the event of any of the following actions by an employee:

 

-           Dishonesty

-           Neglecting to maintain the controls required to ensure that correct payment is made by a customer for goods and services

-           Frequent lateness or missing time on duty and meetings (daily or weekly)

-           Not following procedures or instructions

-           Misuse of Staff Snow Sports Lift Passes

-           Behaving in a manner as to seriously discredit the Snow Sports School and the employer

-           Impoliteness to the public

-           Drug use, possession or use of controlled substances or alcohol on the job.

 

11.6      Terms of Employment - Terms of employment for contract employees shall vary in accordance with the qualifications and experience set out in Appendices A and B.

 

11.7      Disaster - Contracts may be terminated early in case of disaster (other than lack of snow) such as fire, earthquake, acts of war, major equipment breakdowns, etc. as a result of which the scope of operation of the Company’s facilities is reduced considerably and for a period of at least ten days or more.  Where contracts have been terminated earlier, employees will be paid twenty-five times their hourly rate on termination.

 

11.8      Dismissal procedure -

 

11.8.1   Cause - The Company reserves the right to dismiss employees for inefficiency, neglect of duty or misconduct, but agrees that this right should be exercised with care and only after due consideration of the facts of each case.

 

11.8.2   First Warning - Where the Supervisor is dissatisfied with the performance of an employee, for reasons other than neglect of duty or misconduct, the employee will be given a verbal warning.

 

11.8.3   Second Warning - If there is no substantial and consistent improvement, a second warning will be given in writing and a copy given to the employee.

 

This second warning will also state the cause of this dissatisfaction and the expected improvement.  If the employee does not improve, the employee may be dismissed.

 

12.  Accident and Sickness

 

12.1      Workers’ Compensation - Workers’ compensation benefits shall be in accordance with the Workers’ Compensation Act 1987, the Workplace Injury Management and Workers’ Compensation Act 1988 and/or any relevant successor legislation.

 

12.2      Sick Leave -

 

Each employee who has completed 20 days service and who is absent from work on account of personal illness or accident not being an accident compensatable by workers’ compensation shall be entitled to up to five hours leave of absence at the relevant classification rate of pay subject to the following conditions and limitations:

 

(i)         prior to the commencement of the day’s shift unless not reasonably practicable the employee shall inform the employer of the employee’s inability to attend work and, insofar as practicable, state the nature of the illness and the estimated duration of absence;

 

(ii)        the employee shall furnish such evidence as the employer may reasonably require that the employee 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 subparagraphs (i) and (ii) of this clause, an employee shall be entitled to sick leave at the rate of 5 hours per month which may accumulate for no longer than one season.

 

13.  Personal/Carer’s Leave

 

13.1      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 (ii) 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 12, Accident and Sickness, 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:

 

(i)         the employee being responsible for the care of the person concerned; and

 

(ii)        the person concerned being:

 

(a)        a spouse of the employee; or

 

(b)        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

 

(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 and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

(d)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(e)        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.

 

13.2      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 (ii) of paragraph (c) of subclause 13.1 who is ill.

 

13.3      Annual Leave

 

(a)        An 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. 

 

13.4      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. 

 

13.5      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. 

 

13.6      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.

 

14.  Bereavement Leave

 

14.1      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 (iii) of this clause.

 

14.2      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.

 

14.3      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 (ii) of paragraph (c) of subclause 13.1 of clause 13, 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.

 

14.4      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.

14.5      Bereavement leave may be taken in conjunction with other leave available under subclauses 13.2, 13.3, 13.4, 13.5 and 13.6 of the said clause 13.  In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

15.  Disputes and Industrial Grievance Procedure

 

15.1      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.

 

16.  Productivity and Related Matters

 

16.1      Restrictive Activities - It is agreed that the Union will avoid the following restrictive activities which lower productivity.

 

16.2      Stoppages - The Union will not call, impose or allow its members to call or impose any strike, stopwork meeting, ban, limitation of output or similar restriction.  Clause 15, Disputes Settlement Procedure, of this award shall be followed in dealing with a dispute arising.

 

16.3      Working Hours - The Union will encourage its members to reduce absenteeism and eliminate late coming, extended work breaks, early stopping and malingering.

 

16.4      Demarcation Issues - Where a demarcation dispute occurs between Unions, employees will continue working on the predispute basis until the dispute is resolved.

 

16.5      Communications - The Union and the employer agree to keep each other appropriately informed on relevant matters.

16.6      Visiting Union Officials - Before going on site, visiting Union officials will call at the office and introduce themselves to an appropriate employer representative, in this case, either the Snow sports School Director or Resort Manager.

 

16.7      A Ski Industry Consultative Committee shall be established with appropriate Union and employer representatives.  At least one paid meeting of the Committee shall take place each season.  The Union and the employer are to agree on an agenda prior to the meeting taking place.

 

17.  Use of Uphill Transport Facilities and Other Employee Responsibilities

 

17.1      Where the employee is allowed to use chairlifts, T-bars and other uphill transport of whatsoever nature, free of charge, then such transport shall only be used in accordance with the conditions published by the Company.

 

17.2      Further, where such uphill transport or facilities are used they are used on the condition that the Company 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 Company under lease.

 

18.  Superannuation

 

18.1      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 (NSW) 1996. The legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

18.2      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.

 

18.3      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% from 30 June 2000, until they increase to 9% from 1 July 2002.

 

18.4      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.

 

18.5      An employee may make contributions to the fund in addition to those made by the employer.

 

18.6      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.

 

18.7      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.

 

18.8      All contributions shall be made at the completion of each calendar month.

 

18.9      Ordinary time earnings shall be as defined in the relevant legislation:

19.       Anti-Discrimination

 

19.1      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.

 

19.2      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.

 

19.3      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.

 

19.4      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;

 

(b)        a party to this award from pursuing matters of unlawful discrimination in any State or federal jurisdiction.

 

19.5      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.

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

 

(b)        "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."

 

20.  Area, Incidence and Duration

 

20.1      This award shall apply to the Union and to the employers defined herein and to all persons employed by the employer as Ski Instructors.

 

20.2      This award shall take effect from the beginning of the first pay period to commence on or after 1 June 1990 and shall remain in force until 31 October 1992.

 

20.3      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.

 

20.4      This reviewed award replaces the Ski Instructors (State) Award published 3 October 1990 (260 I.G. 119), as varied and rescinds and replaces the Ski Instructors Remuneration (State) Award published 25 January 1996 (290 I.G. 199), as varied.

 

20.5      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

 

1.          Qualifications Points Table #

 

Group

Points

Qualifications

 

 

 

1

1

APSI Children’s Certificate

2

2

APSI Level 1

3

4

APSI Level 2

4

6

Fully Qualified Overseas Instructors

(Temporary Visa Instructors Only)

4

7

APSI Level 3 (Fully Qualified in Australia)

 

2.          Experience Points Table

 

Number of Seasons*

Employer Resort Points

Points Elsewhere

Maximum Points

1

2

1

 

2-3

4

2

 

4-6

6

3

 

7-10

8

4

 

11

10

5

15

 

*Seasons, for the purpose of the Experience Points table, shall consist of a period of continuous employment which shall be of not less than eight weeks duration with one employer.

#For overseas "visa" ski instructors refer to Appendix B.

 

3.          Total Points Table

 

Note:  These points relate to all resorts except Mt. Selwyn where it is acknowledged that the ski season is one-third shorter than other areas.

 

 

 

Points

 

Category

G'teed

Hours per

Week

G'teed

Weeks

Per Season

Minimum Rate Per Hour

up to and including State Wage Increase May 2000

Relocation Reimbursement

 

 

 

 

 

$

$

22

1

25

12

28.3616

$1,500

18-21

2

25

12

26.2924

$1,500

15-17

3

25

10

23.0533

$1,000

10-14

4

25

8

20.8541

$  500

5-9

5

25

5

18.2433

------

2-4

6

25

3

16.2933

------

0-1

7

--

--

14.9500

------

 

 

Mt. Selwyn Rates

 

 

Points

 

Category

G'teed

Hours per

Week

G'teed

Weeks

Per Season

Minimum Rate Per Hour

up to and including State Wage Increase May 2000

Relocation

Reimbursement

 

 

 

 

 

$

$

22

1

25

8

28.3616

$1,500

18-21

2

25

8

26.2924

$1,500

15-17

3

20

6

23.0533

$  660

10-14

4

15

4

20.8541

$  330

5-9

5

10

2

18.2433

------

2-4

6

10

2

16.2933

------

0-1

7

--

--

14.9500

------

 

 

Appendix B

 

Equivalence of Levels for Qualifications Points Table

 

Group

Equivalence

1

APSI Children’s Certificate

 

Anwärter ÖBSV

 

CSIA Level 1

 

 

2

BASI Level 3

 

PSIA Level 1

 

CSIA Level 2

 

NZSIA Level 1

 

JOKYOSHI (Previously Joshu) Japan

 

 

3

BASI Level 2

 

PSIA Level 2

 

Landeslehrer OBSV

 

1st Swiss - Vorkurs

 

KYOSHI (previously Jokyoshi) Japan

 

CSIA Level 3

 

 

4

CSIA Level 4

 

PSIA Level 3

 

NZSIA Level 2

 

BASI Level 1

 

Swiss Full - Patentierungskurs

 

Staatlicher - Geprufter Schilehrer OBSV

 

French Full

 

Jokyukuoshi (previously Kyoshi) Japan

 

 

Qualification points for overseas "visa" ski instructors**

 

Group

Points

1

1

2

2

3

4

4

6

 

 

** Appendix B applies solely to overseas "Visa" snow sports instructors engaged by an employer under exchange arrangements with an overseas resort where those arrangements enable snow sports instructors engaged by the employer to be placed for engagement with that overseas resort.

 

 

Appendix C

 

Contract of Employment

 

.            General conditions of employment will be in accordance with Job Specification(s), Employment Arrangements and Classifications as listed below:

 

Job Specification:       Ski Instructor

 

Classification Category 1, 2, 3, 4, 5, 6, 7 Non Guaranteed / Contract

Points:             ........................................................

 

Hourly Rate:   AUD$........................per hour

 

2.          The term of employment is from ________________ to ______________.

 

3.          The Guaranteed Weeks of employment are from ___________ to ____________.

 

4.          In addition to the respective Employment Arrangements, the following arrangements will apply:

 

________________________________________________________________

 

I accept and agree to be bound by the employment conditions as outlined above and confirm that I have received and read a copy of the Snow Sports Instructors (State) Award.

 

Employee's Signature:  ____________________________

 

Name: ______________________________

 

Date: _______________________________

 

Employer's Signature: _____________________________

 

Name: ______________________________

 

Position _____________________________

 

Date: _______________________________

 

 

 

P. J. SAMS  D. P.

 

 

 

____________________

 

 

 

Printed by the authority of the Industrial Registrar.

 

 

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