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New South Wales Industrial Relations Commission
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SYDNEY AQUARIUM STAFF (STATE) AWARD 1998
  
Date09/21/2001
Volume327
Part5
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C0218
CategoryAward
Award Code 1341  
Date Posted03/06/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1341)

SERIAL C0218

 

SYDNEY AQUARIUM STAFF (STATE) AWARD 1998

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Notification of Award Review pursuant to Section 19 of the Industrial Relations Act 1996.

 

(No. IRC 6084 of 1999)

 

Before The Honourable Justice Marks

9 March 2001

 

 

REVIEWED AWARD

 

1.  TITLE

 

This Award shall be known as the Sydney Aquarium Staff (State) Award 1998.

 

2.  ARRANGEMENT

 

PART A

 

CONDITIONS

 

Clause Title                                                                    Clause number

 

Annual Leave and Annual Leave Loading                           16

Annualised Salary                                                                     36

Anti Discrimination                                                                   39

Arrangement                                                                              2

Averaged Payments for Shift, Saturday,

Sunday and Public Holiday and Night Work                       18

Classifications and Rates of Pay                                            8

Compassionate Leave                                                              22

Date and Period of Operation                                                  4

Definitions                                                                                  6

Equipment and Uniforms                                                         9

Excess Hours Worked                                                              14

Excess Travel                                                                             10

Existing Rates of Pay                                                   35

First Aid                                                                                      30

Full-time, Part-time, Fixed Term and

Casual Employees                                                                     12

General Conditions                                                                   31

Grievance and Dispute Settlement Procedure                      37

Higher Duties                                                                             28

Hours of Work                                                                           13

Jury Service                                                                                23

Living Away from Home Allowance                                      11

Long Service Leave                                                                  24

Meal Breaks                                                                               29

Miscellaneous Statutory Provisions                                                  32

No Extra Claims                                                                          7

Payment of Wages                                                                    27

Personal/Carer’s Leave                                                            20

Public Holidays                                                                         17

Redundancy                                                                               33

Relationship to Parent Award                                                 5

Scope and Application                                                             3

Sick Leave                                                                                  19

State Wage Case Adjustment                                                 38

Study and Training Leave Provisions                                   25

Superannuation                                                                         26

Time off in Lieu of Payment for Overtime                              15

Title                                                                                             1

Training Wage                                                                           34

Unpaid Leave for Family Purpose                                          21

 

PART B

 

MONETARY RATES AND ALLOWANCES

 

SCHEDULE A - LONG SERVICE LEAVE SCALE

 

 

3. Scope And Application

 

This Award shall apply to all directly employed employees engaged in the classifications detailed in Clause 8, Classifications and Rates of Pay, by the company at its operations at Sydney Aquarium, Aquarium Pier Darling Harbour or the Manly Oceanarium at West Esplanade, Manly and shall be binding upon Sydney Aquarium Ltd (the employer), The Australian Workers' Union, New South Wales, its officers and members and employees of the employer, whether they are members of the union or not.

 

This Award shall not apply to cleaners employed under the Cleaning and Building Services Contractors (State) Award, as varied from time to time, or Security Officers employed under the Security Industry (State) Award, as varied from time to time, within the jurisdiction of the Security and Cleaning, &c., (State) Industrial Committee.

 

4. Date And Period Of Operation

 

This Award shall operate from the first full pay period to commence on or after 1 January 1998 and shall remain in force for a period of 18 months.

 

This award has been the subject of a review under Section 19 of the Industrial Relations Act 1996 and remains in force until varied or rescinded, the period for which it was made being already expired. The changes made to the award pursuant to section 19 of the Industrial Relations Act 1996 are effective on and from 9 March 2001.

 

5.  Effect Of The Award

 

The purpose of this Enterprise Award is to totally regulate the terms and conditions of employment of staff employed by Sydney Aquarium Ltd. who would otherwise be covered by the Theatrical Employees Recreation and Leisure Industry (State) Award and Restaurant Employees, &c., (State) Award.

 

6.  Definitions

 

“Union” shall mean the Australian Workers' Union, New South Wales.

 

“Employer” shall mean Sydney Aquarium Ltd.

 

“Usual workplace/employer's place of business” shall be Aquarium Pier Darling Harbour or Manly Oceanarium at West Esplanade, Manly as the case may be.

 

“Day Shift” means a shift commencing at approximately 8.00 am and finishing at approximately 4.00 pm.

 

“Afternoon Shift” means a shift commencing at approximately 2.00 pm and finishing at approximately 10.00 pm

 

“Night Shift” means a shift commencing at approximately 10.00 pm and ceasing at approximately 6.00 am.

 

"Non‑Security Capacity" refers to employees:

 

whose duties are not principally concerned with the safeguarding of life and property; and/or

 

who are not required to possess a Security Licence under the Security (Protection) Industry Act 1985; and

 

who are not employed by a contractor.

 

7.  No Extra Claims

 

It is a term of this award that the Union undertakes not to pursue any extra claims, award or over award, of a general nature, such undertaking excludes State Wage Case decision applications, for the duration of the award.

 

8.  Classifications And Rates Of Pay

 

8.1        Rates of Pay  - The rates paid to an employee in the classifications set out hereunder, shall be as set out in Part B, Monetary Rates and Allowances, of this award.

 

8.2        Junior Rates - the rates of pay for junior employees are as follows, except that no cleaner will be paid these junior rates.

 

Percentage of appropriate adult rate

 

At sixteen years and under                            55

At seventeen years                                         65

At eighteen years                                            75

At nineteen years                                            85

At twenty years                                               100

 

8.3        Aquarists

 

Aquarist Grade 5

 

Is an employee without prior experience in the operation and maintenance of a public aquarium; however, may possess some relevant experience or qualifications in a related field, e.g. in animal husbandry, zoo keepers certificate, open water diving certificate.

 

Aquarist Grade 4

 

Shall be an employee who possesses qualifications or experience in the workforce deemed relevant by the employer, e.g. animal husbandry and diving fields, and is required to operate on such skills.

 

Aquarist Grade 3

 

Shall be an employee with the skills and experience of a Grade 4, however has demonstrated a high level of skill and responsibility in more than one major area of the Aquarium’s operation and works without direct supervision.

 

Aquarist Grade 2

 

Shall be an employee with the skills and experience of a Grade 3 operative and, in addition must possess supervisory and co-ordination skills and is required to operate on such skills.

 

Aquarist Grade 1

 

Shall be an employee with the skills and experience of a Grade 2 operative, who shall be responsible for management of major operations, projects and/or the training and development of staff up to the level of Grade 2 and shall report directly to the curator.

 

8.4        Recreation and Leisure Staff

 

Grade 5

 

Means an employee with no qualifications who performs duties of a routine nature, requiring the use of minimal judgement and supervision.

 

1.          Ability to communicate with public in a courteous and tactful manner Exercise basic keyboard skills.

 

2.          Indicative of some of the tasks which an employee at this grade may perform are:

 

General Attendant which includes basic clerical, office assistance, kiosk duties which involve minimal customer turnover and cash handling, taking of bookings and tickets, supervising the public at the touch pool, hiring of equipment and assists generally in the day‑to‑day activities of the operation.

 

Maintenance of simple records

 

Directly employed Car Park Attendant, Cloak Room Attendant or Door Attendant who is engaged in a non‑security capacity as defined in Clause 6, Definitions.

 

Labouring (including preparing food for animal/fish and peripheral cleaning of their accommodation).

 

Receiving, despatching, distributing, sorting, checking, documenting, ordering and recording of goods or materials and engaged in a non‑security capacity as defined in Clause 6 - Definitions. Duties peripheral and ancillary to the above as required.

 

Progression to Grade 4 will be dependent upon successful application and availability of position.

 

Grade 4

 

Means as employee undertaking structured training recognised by the industry as relevant and appropriate to perform work within the scope of this level.

 

1.          Assists with the provision of on‑the job training to a limited degree.

 

2.          Conducts individual or group activities/programs/sessions/tours under supervision, only after commencing a recognised course or undergoing accredited training.

 

3.          Exercises intermediate keyboard skills with instructions.

 

4.          Works from instructions or procedures.

 

5.          Has an understanding of general office procedures.

 

6.          General supervision and assistance to Grade 5 employees.

 

7.          Capable of and may perform duties of Level 5.

 

Indicative of some of the tasks which an employee at this grade may perform:

 

Programme/ticket selling and giving change.

Switchboard Operator

Attending to equipment and displays.

Working as a costumed attendant.

Animal attending and assisting in their training

Tour guide (under supervision).

Kiosk Attendant

 

Progression to Grade 3 will be dependent upon successful application and availability of position.

 

Grade 3

 

Means an employee who has completed structured training (which may include formal Life Saving, Rescue and Resuscitation Training) recognised by the industry as relevant and appropriate to perform within the scope of this level.

 

Assists in the provision of on‑the job training where applicable.

 

Exercises discretion within one's own level of skill and training.

 

Takes responsibility for the quality of one's own work (subject to routine supervision).

 

Conducts group activities/programs/sessions/tours independently.

 

Exercises good keyboard skills and knowledge of office procedures equipment/systems.

 

Capable of and may perform the duties of Grade 4 and 5.

 

Indicative of some of the tasks which an employee at this level may perform:

 

Information Officer

Public Address Announcer

Tour Guide

 

Progression to Grade 2 will be dependent upon successful application and availability of position.

 

Grade 2

 

Means an employee who is qualified in a trade or who possesses a professional qualification recognised by the industry as relevant and appropriate to the work performed, and who is competent to perform work within the scope of this level.

 

Assists in the provision of on‑the job training

 

Exercises discretion within the scope of this level.

 

Takes responsibility for ensuring the quality of their own work.

 

Capable of and may perform the duties of Grades 3, 4 and 5.

 

Grade 1

 

Means an employee, who is engaged in supervising, training and co‑ordinating staff and who is responsible for the maintenance of service and operational standards;

 

An employee at this level would have worked or studied in a relevant field and/or have specialist knowledge, qualifications and experience.

 

or

 

Is the holder of formal trade or technical qualifications relevant to the employer in more than one trade or technical fields, which are required by the employer to perform the job.

 

or

 

Will have achieved a level of organisation or industry specific knowledge sufficient for them to give advice and/or guidance to their organisation and/or clients in relation to specific areas of their responsibility.

 

8.5        Cleaner

 

Is a directly employed employee with relevant experience in industrial cleaning, required to competently use a broad range of mechanical and chemical cleaning agents. Works under limited supervision and is responsible for the quality of their own work. 

 

8.6        Cafe Staff

 

Grade 5

 

Shall be an employee who requires supervision to perform basic tasks such as food preparation, cleaning or customer service.

 

Grade 4

 

Shall be an employee who works unsupervised and is competent in food preparation, cleaning and customer service.

 

Grade 3

 

Shall be an employee with skills and experience of Grade 4 and is regularly required to assist on a one-on-one basis in the training of employees of a lower grade. 

 

Grade 2

 

Shall be an employee with the skills and experience of Grade 3. In addition, must possess supervisory skills and is required regularly to operate on such skills.

 

Grade 1

 

Shall be an employee with the skills and experience of Grade 2 and shall be responsible for the maintenance of service and operational standards and systems.

 

NOTE: The definitions contained in 8.3, 8.4. 8.5 and 8.6 shall have no application to a person employed in a managerial capacity that is a person who is employed primarily to control the conduct of the employer's business either in whole or in part and who in the performance of his/her duties regularly makes decisions and accepts responsibility on matters relating to the administration and conduct of the business

 

9.  Equipment And Uniforms

 

The employer shall provide free of charge to the employee all uniform and equipment prerequisites for the job including cleaning agents where appropriate.  An allowance of $4.90 per week ($1.00 per shift for casual employees) will be paid to full time and part time employees to maintain their uniform.

 

10.  Excess Travel

 

The following provisions shall apply to any employee who is required by the company to attend for duty at a place in excess of a 48 kilometre radius of the employer's business.

 

10.1      The additional travelling time involved (over and above the usual travelling time between the employee's place of residence and his or her normal place of employment) shall count as time worked.

 

10.2      The employee shall be refunded by the employer the excess fares involved.   If the employee uses his or her own car, an allowance per kilometre as calculated from time to time by the relevant motoring authority for the additional distance travelled (over and above the usual distance travelled between the employee's place of residence and his or her normal place of employment) shall be paid.

 

11.  Living Away From Home Allowance

 

When the company requires an employee to travel away from the employee's usual place of residence the provisions of this clause shall apply.

 

11.1      The company shall provide the employee with satisfactory accommodation. Wherever possible, such accommodation shall be single room accommodation.

 

11.2      The company shall pay to the employee $30.90 per day in lieu of additional meals and incidental expenses incurred by the employee, provided that such payment may be reduced to $8.25 per day where the company provides the employee with breakfast and dinner except in circumstances where the company pays all costs associated with board and accommodation in which case the company shall not be required to make any payment. 

 

12.  Full-Time, Part-Time, Fixed Term And Casual Employees

 

12.1      An employee shall be engaged as either a full-time, part-time, fixed term or casual employee.

 

12.2      A full-time employee is an employee who is engaged and paid as such to work an average 38 hours per week, over a 28 day period.

 

12.3      A part‑time employee is one engaged and paid as such to work less than an average of thirty‑eight hours per week over any 28 day period and who is not engaged and paid as a casual.

 

12.4      A part‑time employee shall be engaged in writing. Such written engagement shall include the average number of hours per week that shall be worked in a 28 day period.

 

12.5      A part‑time employee (except for cleaners) shall be paid an hourly rate equivalent to the weekly rate divided by thirty‑eight with a minimum engagement of three consecutive hours.

 

12.6      Part‑time employees shall receive the same benefits as apply to full‑time employees under this award but on a pro rata basis.

 

12.7      A part‑time employee can be required to work more than one engagement on any day. Provided that such engagements shall be three hours in duration and there shall be not more than three such engagements per day.

 

12.8      A fixed term employee is an employee who is employed on a full-time basis for a fixed period.  An employee who is engaged on this basis shall be notified in writing of the dates on which their engagement will commence and cease.  The commencing and ceasing dates may be varied by agreement.

 

12.9      A casual employee is an employee engaged and paid as such. There shall be no restriction on the number of ordinary hours a casual shall be engaged other than in subclause 12.10.

 

12.10    A casual employee shall receive a minimum payment of 3 hours for each engagement, to be worked consecutively.

 

12.11    Casual rosters may be changed by management provided that shifts are not shortened to less than the minimum's referred to above.

 

12.12    The employment of employees (excluding casuals) may be terminated by one week's notice on either side which may be given at any time or by the payment by the employer or forfeiture by the employee of a week's pay in lieu of notice. This shall not affect the right of the employer to dismiss an employee without notice in the case of an employee guilty on malingering, inefficiency, neglect of duty or misconduct.

 

12.13    Probationary Employment Provision

 

Notwithstanding anything elsewhere contained in this clause, the first three (3) months of employment will be on a trial basis and may be terminated by two days' notice by either side.  Provided that if the requisite notice is not given during this period the payment or forfeiture of two days' wages will be applied.

 

12.14    Full time, part time and casual employees may be separately engaged as casual employees for duties in a separate section of the Aquarium from that in which the employee engages in their employment.   Such employees shall be paid the appropriate rate of pay for a casual employee engaged in that section of the Aquarium.  For the purposes of this subclause a "section of the Aquarium" shall mean a discrete work location other than the employee's usual work location, or alternatively, may mean a discrete set of duties other than the employee's usual duties, provided such duties are not wholly or substantially performed in the employee's usual work location, and shall not apply to work where overtime would ordinarily be performed.

 

13.  Hours Of Work

 

13.1      The ordinary hours of work, for full time and part time employees, exclusive of meal times shall not exceed an average of 38 hours per week, over 28 calendar days.

 

The ordinary hours of work may be extended to a maximum of 12 hours per day provided that management gives the employee involved seven clear days notice of the extension of ordinary hours or upon agreement between the management and employee.

 

The ordinary hours of work may be worked between midnight to midnight, Monday to Sunday.

 

Provided that the maximum ordinary hours worked over 7 days shall be 48 or 56 in the case of Cleaners and Aquarists.

 

13.2      The employer shall arrange the working of the thirty eight hour week in one of the following ways:

 

(a)        by employees working less than eight hours per day but not less than 3 hours; or

 

(b)        by working up to twelve hours on one or more days in the week.

 

13.3      Except as otherwise provided, full time and part time employees shall have an average of two days off in each week of employment in a 28 day period. Such two days shall be consecutive if it is reasonably possible to arrange rosters accordingly.

 

13.4      Notwithstanding the provision of subclause 13.2 (a) and (b) the employer and employee may agree to change the rostered time of ordinary hours by one week's notice or the consent of the employee at any time.

 

13.5      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.

 

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.

 

14.  Excess Hours Worked

 

14.1      All time worked in excess of an average thirty-eight hours over a 28 day period, or in excess of twelve (12) hours in one day or in excess of forty eight (48) (or 56 in the case of Cleaners and Aquarists) in 7 days shall be paid as overtime or given as time off in lieu. 

 

14.2      All excess hours must be authorised by the appropriate supervisor in each section, prior to any overtime being worked.

 

14.3      Overtime shall be paid at the rate of time and one half for the first two hours and double time thereafter.  Each day of overtime shall stand alone.

 

14.4      An employee (other than a casual employee) who works so many excess hours between the termination of work one day and the commencement of ordinary work on the next day, that the employee has not had at least ten (10) consecutive hours off duty between those times, shall be released after the completion of such overtime until ten (10) consecutive hours has been allowed without loss of pay for ordinary working time occurring during such absence.

 

14.5      For the purpose of this clause "excess hours" means "overtime".

 

15.  Time Off In Lieu Of Payment For Overtime

 

15.1      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.

 

15.2      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.

 

15.3      If, having elected to take time as leave in accordance with subclause 15.1, 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.

 

15.4      Where no election is made in accordance with the said subclause 15.1, the employee shall be paid overtime rates in accordance with the award.

 

15.5      The maximum number of hours to be accrued at any time shall be 38.

 

16.  Annual Leave And Annual Leave Loading

 

Subject to the provisions of the Annual Holidays Act 1944 the following arrangement shall apply:

 

16.1      A period of four weeks leave of absence on full pay shall be allowed by the employer to each employee, other than casual employees, exclusive of public holidays, once after each completed year of service (less the period of annual leave) in respect of annual leave taken on or after 1 January 1998. 

 

16.2      In addition to the leave provided by subclause 16.1 of this clause, Aquarists shall be allowed one weeks leave.

 

16.3      Provided that where an employee (other than Aquarists and Cleaners) works six hours or more on Saturdays and/or Sundays as part of their ordinary hours of work, they shall be allowed additional leave in the following proportions:

 

Number of days worked                                              Additional leave

 

Not less than 6 days or more than 8 days                1 working day

Not less than 9 days or more than 11 days              2 working days

Not less than 12 days or more than 14 days            3 working days

Not less than 15 days or more than 17 days            4 working days

18 days or more                                                             5 working days

 

16.4      Employees shall be given at least one month's notice of the date of the commencement of their leave unless otherwise mutually arranged between the employer and employee.

 

16.5      An employee once sent on leave shall not be recalled for duty without his consent. If they should be so recalled all leave granted shall be forfeited to the employee.

 

16.6      If the employer finds it necessary to cancel or alter the date of recreation leave for any employee, the time of which has been notified to an employee, and such employee can show that, through such cancellation or alteration, they have actually lost payments reasonably made by them and in respect of which he has retained no benefit, the employer shall reimburse him for such loss.

 

16.7      An employee can take annual leave which has not yet accrued in advance if the employer agrees to this.

 

Where the employment of an employee ends, the employee must pay the employer an amount equal to any leave taken in advance but not earned.  The employer can deduct the excess payment from any remuneration payable to the employee upon termination.

 

16.8      Each employee before going on any period of annual leave shall for each week of such leave be paid an "annual leave loading" at the rate of 17 1/2% of the ordinary weekly rate of pay prescribed herein for such employee.

 

16.9      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.

 

16.10    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.

 

17.  Public Holidays

 

17.1      Employees, other than casual employees shall be entitled to the following public holidays without loss of pay: New Year's Day, Australia Day, Labour Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Birthday of the Sovereign, Christmas Day, Boxing Day, and any other day or days gazetted as public holidays shall be public holidays for the purposes of this clause.

 

Provided that the abovementioned holidays may be substituted for another day off, by agreement between the employer and the employee(s), to be taken within one month of the said holiday or adjacent to a period of annual leave. Where such day is substituted, the Public Holiday will be worked as a normal day and paid at ordinary time rates of pay.

 

17.2      Where an employee is absent from employment on the working day (or part thereof) before, or the working day (or part thereof) after a public holiday (or group of public holidays) without reasonable cause, onus of proof of which will lie with the employee, the employee shall not be entitled to payment for the holiday(s) succeeding or preceding the absence.

 

17.3      For all work performed on a public holiday an employee, other than a casual employee, shall be paid at double time and a half.

 

18.  Averaged Payments For Shift, Saturday, Sunday And Public Holiday And Night Work

 

18.1      Casual employees (except cleaners) shall receive an hourly rate determined by dividing the appropriate ordinary full-time rate by 38, with a loading of 30%, as compensation for all incidents of paid leave (including the 1/12th component payable under the Annual Holidays Act 1944) normally provided by this award to a full time or part-time employee, plus a component for averaged penalties relating to shift, Saturday, Sunday, Public Holiday and Night Work.

 

18.2      The rates of pay for full time employees are set out in Part B - Monetary Rates. Except for cleaners, these rates include a component for average penalties relating to shift, Saturday, Sunday and Night Work.

 

Work on Public Holidays shall be paid in accordance with Clause 17 - Public Holidays.

 

19.  Sick Leave

 

A full time employee with not less than three months' continuous service with the employer who, by reason of personal ill‑health, is unable to attend for duty shall be entitled to ordinary rates of pay for the actual time of such non‑attendance, subject to the following conditions and limitations:

 

19.1      The employees shall not be entitled to paid leave of absence for a period in respect of which the employee is entitled to compensation under the Workers' Compensation Act 1987 and the Workplace Injury Management and Workers’ Compensation Act 1998.

 

19.2      The employee wherever possible shall, prior to the commencement of such absence, inform the employer of the employee's inability to attend for duty and, as far as practicable, state the nature of the injury or illness and the estimated duration of absence.

 

19.3      The employee shall provide, to the satisfaction of the employer, by the production of a medical certificate or such other evidence as may be acceptable to the employer, that he/she was unable, on account of illness or injury, to attend for duty on the day or days for which sick leave is claimed.

 

19.4      An employee shall be entitled to be paid sick leave according to the following scale:

 

(a)        During the first year of service ‑38 hours

(b)        During the second year of service - 60.8 hours

 

Provided that the sick leave entitlement under this clause may be accumulated, subject to continuous employment, for a maximum of 220.4 hours in addition to the current year's entitlement.

 

19.5      For absences adjacent to public holidays, refer to subclause 17.2 of clause 17 Public Holidays.

 

20.  Personal/Carers Leave

 

20.1      Use of Sick Leave

 

(a)        An employee, other than a casual employee, with responsibilities in relation to a class of person 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 19 ‑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 employees shall, if required, establish 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 and support 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 married 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), 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 paragraph:

 

" relative" means a person related by blood, marriage or affinity;

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

"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 their 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.

 

21.  Unpaid Leave For Family Purpose

 

An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subparagraph (ii) of paragraph(c) of subclause 20.1 of Clause 20 Personal/Carers Leave.

 

22.  Compassionate Leave

 

(i)         An employee, other than a casual employee, shall be entitled to up to two days compassionate leave without deduction of pay, on each occasion of the death of a person within Australia as prescribed in subclause (iii) of this clause. Where the death of a person as prescribed by the said subclause (iii) occurs outside Australia, the employee shall be entitled to three days compassionate leave where the employee travels outside Australia to attend the funeral. Provided that any unpaid leave of absence authorised by the employer, taken in conjunction with such leave, shall not affect the employee's continuity of service.

 

(ii)        The employee must notify the employer as soon as practicable of the intention to take compassionate leave and will provide to the satisfaction of the employer proof of death.

 

(iii)       Compassionate 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 20.1 of clause 20 - Personal/Carer’s Leave, provided that, for the purpose of compassionate leave, the employee need not have been responsible for the care of the person concerned.

 

(iv)       An employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Compassionate leave may be taken in conjunction with other leave available under clause 20.1 of the said clause 20, clause 21 - Unpaid Leave for Family Purposes, subclause 13.6 of clause 13 – Hours, subclause 16.9 of clause 16 – Annual Leave, and clause 15, Time Off in Lieu of Payment for Overtime In determining such a request, the employer will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

23.  Jury Service

 

23.1      An employee, other than a casual employee required to attend for jury service during his/her ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wages they would have received in respect of the ordinary time they would have worked had they not been of jury service.

 

23.2      An employee shall notify the employer as soon as possible of the date upon which he/she is required to attend for jury service. Also, the employee shall give the employer proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.

 

24.  Long Service Leave

 

24.1      Except for circumstances outlined in subclause 24.2, the provisions of the Long Service Leave Act 1955, as amended, shall apply to employees covered by this award.

 

24.2      Notwithstanding the provisions of 24.1, an employee who completes ten years of continuous service shall be entitled to the taking of 13 weeks Long Service Leave, without loss of pay.

 

Further, an employee who, subsequent to the coming into operation of this award shall accrue Long Service Leave based on one additional week’s pay for each completed year in excess of 10 years completed service, over and above that prescribed by subclause 24.2.

 

24.3      The scale of an employee’s entitlement under this clause shall be that contained in Schedule A.

 

25.  Study And Training Leave Provisions

 

Employees are entitled to leave with pay to attend any approved training course or for the purpose of undertaking studies in relation to an approved course. The taking of leave is subject to the prior agreement of management.

 

26.  Superannuation

 

Superannuation Legislation

 

The subject of superannuation is dealt with extensively by federal 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 s.124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the superannuation rights and obligations of he parties.

 

27.  Payment Of Wages

 

27.1      On a fixed day each week or fortnight wages shall be paid by:

 

(a)        cheque; or

(b)        electronic funds transfer (E.F.T.)

 

at the election of the employer.

 

27.2      Written details of all payments and deductions from wages shall be supplied to employees.

 

28.  Higher Duties

 

An employee transferred to work in a classification that provides for a rate of pay higher than the employee's own ordinary rate shall be paid at such higher rate during the period of transfer, such payment to continue for a minimum period of one hour.

 

29.  Meal Breaks

 

29.1      An employee who is engaged to work in excess of 5 hours shall be given an unpaid meal break of between twenty minutes and thirty minutes. This meal break shall be given after working not more than 5 hours. An employee shall be given a second unpaid meal break of between twenty and thirty minutes after the completion of a further 5 hours. 

 

29.2      Notwithstanding subclause 29.1 above, the employer and employee may mutually agree to change the time of the meal break.

 

30.  First Aid

 

30.1      An employee appointed by the employer to perform first‑aid duties and who holds a first‑aid certificate shall be paid an additional amount per week as set out in Part B, Monetary Rates and Allowances or a pro-rata amount per engagement for part-time and casual employees.

 

This allowance shall not be regarded for calculating other payments arising from this award.

 

30.2      First‑aid Kits ‑See Occupational Health and Safety Act 1983 (First‑aid Regulation).

 

31.  General Conditions

 

31.1      A sufficient supply of boiling or purified water shall be provided at meal hours for all employees.

 

31.2      A lunch room, which may be an area separated by a partition (mobile or otherwise) from the public and is separated from any dressing room, shall be provided by the employer.

 

31.3      A lockable cabinet, cupboard, drawer or locker where employee's valuables may be stored shall be provided by the employer.

 

31.4      Access to suitable lavatory facilities in close proximity shall be provided by the employer.

 

31.5      If necessary, an employee working outdoors shall be supplied with wet weather gear, footwear and adequate reflective clothing.

 

32.  Miscellaneous Statutory Provisions

 

32.1      Parental Leave - See Industrial Relations Act 1996 (Chapter 2, Part 4, Division 1)

 

Particulars of wages to be supplied to employee - See Industrial Relations Act 1996 (Section 123)

 

32.3      Time and pay sheets to be kept - See Industrial Relations Act 1996 (Section 129)

 

33.  Redundancy

 

Where appropriate, the provisions of the New South Wales Theatrical Employee Redundancy (State) Award shall apply to employees covered by this award.

 

34.  Training Wage

 

Where appropriate, the provisions of the Theatrical Employees (Training Wage) (State) Award shall apply to employees covered by this award.

 

35.  Existing Rates Of Pay

 

An employee who, on the date of coming into force of this award, is receiving a higher rate of pay than the minimum fixed by this Award shall not have such rate of pay reduced as a consequence of the coming into operation of this Award.

 

36.  Annualised Salary

 

Except as to the provisions of subclause 17.1, of Clause 17 ‑Public Holidays, Clause 19‑Sick Leave, Clause 20 ‑Personal/Carers Leave, Clause 16 ‑Annual Leave and Annual Leave Loading, Clause 22 ‑Compassionate Leave, Clause 23 ‑Jury Service, Clause 24 - Long Service Leave, Clause 32 ‑Miscellaneous Statutory Provisions and Clause 26 ‑Superannuation, this award shall not apply to full time or part time employees who are in receipt of a weekly wage in excess of the rate prescribed for an Aquarist Grade 1.

 

This provision shall not be taken to affect any right to make other salary arrangements.

 

37.  Grievance And Dispute Settlement Procedure

 

Subject to the Industrial Relations Act 1996 (NSW) grievances or disputes shall be dealt with in the following manner.

 

37.1      The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, requesting a meeting with the employer for bilateral discussions and state the remedy sought.  This meeting shall take place within two working days of the issue arising (weekends and holidays excepted).

 

37.2      If agreement is not reached, the matter shall then be referred by to a higher authority (where this exists) not later than three working days (a) above (weekends and holidays excepted).  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 (in writing or otherwise) for not implementing any proposed remedy.

 

37.3      If the matter is still not settled within a reasonable period of time, it may be referred/notified to the Industrial Relations Commission for settlement by either party.

 

37.4      Whilst a procedure is being followed, normal work must continue.

 

37.5      The employer may be represented by an industrial organisation of employers and the employee(s) may be represented by the Union for the purposes of each step of the procedure.

 

38. State Wage Case Adjustment

 

The rates of pay in this award include the adjustments payable under the State Wage Case of 2000. These adjustments may be offset against:

 

(A)       any equivalent overaward payments; and/or

 

(B)       award wage increases since 29 May 1991 other than safety net, State Wage Case, and minimum rates adjustments.

 

39. Anti-Discrimination

 

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

 

(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.

 

(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.

 

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

 

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

 

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

 

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

 

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

 

(5)        This clause does not create legal rights or obligations in addition to those imposed upon the parties by 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 doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion.”

 

PART B

 

MONETARY RATES AND ALLOWANCES

 

1.          Aquarists — The following weekly rates of pay shall be the minimum rates of pay for a 38-hour week for Aquarists as defined in clause 8, Classifications and Rates of Pay:

 

Classification                           Weekly Rate

Aquarist Grade 5                     410.60

Aquarist Grade 4                     469.20*

Aquarist Grade 3                     527.75*

Aquarist Grade 2                     584.30*

Aquarist Grade 1                     678.27*

 

2.          Recreation and Leisure Staff - The following weekly rates of pay shall be the minimum rate of pay for a 38-hour week for recreation and leisure staff as defined in the said clause 8:

 

Classification                           Weekly Rate

Grade 5                                     400.40

Grade 4                                      417.10

Grade 3                                     439.60

Grade 2                                     492.20

Grade 1                                     555.40

 

3.          Cleaning Staff - The following rates of pay shall be the minimum hourly rate of pay for cleaners as defined in clause 8.  These rates include a component to compensate employees for cleaning toilets.  The rates for casual employees are also inclusive of a casual loading and the 1/12 component payable under the Annual Holidays Act 1944.

 

 

Classification

Hourly Rate

Cleaner (shift)

 

 

Full Time -

 

 

Weekday

Saturday

Sunday

Public Holiday

 

$

$

$

$

Day Shift

11.11

16.66

22.22

27.78

Afternoon Shift

12.77

16.66

22.22

27.78

Night Shift

14.44

16.66

22.22

27.78

 

Casual -

 

Day Shift

13.77

20.66

27.55

31.95

Afternoon Shift

15.84

20.66

27.55

31.95

Night Shift

17.90

20.66

27.55

31.95

 

 

Leading Hand Allowance - A cleaner placed in charge of other cleaners shall be paid the following rates in addition to the relevant hourly rate of pay set out above:

 

Per Week

(38 Hours)                                Per Hour

$                                                 $

 

1-5 Employees                         19.20                                          0.51

6-10 Employees                       21.80                                          0.57

 

4.          Café Staff - The following weekly rates of pay shall be the minimum rate of pay for a 38-hour week for café staff as defined in clause 8:

 

Classification                                                    Weekly Rate

$

 

Grade 5                                                               407.30

Grade 4                                                               424.30

Grade 3                                                               449.90

Grade 2                                                               468.60

Grade 1                                                               541.60

 

5.          First-aid Allowance - $9.73 per week.

 

N.B. - The weekly rates contained herein have a $10.00 per week component to fully compensate employees in regard to all aspects of air-assisted diving associated with these functions.

 

 

LONG SERVICE LEAVE CALCULATOR

 

WHERE QUALIFYING SERVICE COMMENCED BEFORE 1st APRIL 1963 SCHEDULE A

 

To find the period of leave, proceed as follows:

 

1.          Ascertain the total period of qualifying service.

 

2.          Calculate the length of service in years and months as at 1st April 1963.  Apply this figure to Table 1, establishing a part entitlement to leave as at 1st April 1963, in weeks.

 

3.          Apply the residual length of service in years and months after 1st April 1963 to Table 2A to obtain a further entitlement in weeks.

 

4.          The total entitlement to long service leave, in weeks, is obtained by adding the two amounts obtained from Tables 1 and 2A.

 

*          Payment due after 5 years’ service as an adult when employment terminated by employer for reasons other than serious and wilful misconduct or by the employee in special circumstances.

 

**        After 15 years, only completed years count and the qualifying service ends at the end of the last completed year.


TABLE 1 - WEEKS OF LONG SERVICE LEAVE

 

MONTHS OF SERVICE

Years of Service

0

1

2

3

4

5

6

7

8

9

10

11

1

0.65

 

 

 

 

 

 

 

 

 

 

 

2

1.30

 

 

 

 

 

 

 

 

 

 

 

3

1.95

 

 

 

 

 

 

 

 

 

 

 

4

2.60

 

 

 

 

 

 

 

 

 

 

 

5

3.25

3.30

3.36

3.41

3.47

3.52

3.58

3.63

3.68

3.74

3.79

3.85*

6

3.90

3.95

4.01

4.06

4.12

4.17

4.23

4.28

4.33

4.39

4.44

4.50

7

4.55

4.60

4.66

4.71

4.77

4.82

4.88

4.93

4.98

5.04

5.09

5.15

8

5.20

5.25

5.31

5.36

5.42

5.47

5.53

5.58

5.63

5.69

5.74

5.80

9

5.85

5.90

5.96

6.01

6.07

6.12

6.18

6.23

6.28

6.34

6.39

6.45

10

6.50

6.55

6.61

6.66

6.72

6.77

6.83

6.88

6.98

6.99

7.04

7.10

11

7.15

7.20

7.26

7.31

7.37

7.42

7.48

7.53

7.58

7.64

7.69

7.75

12

7.80

7.85

7.91

7.96

8.02

8.07

8.13

8.18

8.23

8.29

8.34

8.40

13

8.45

8.50

8.56

8.61

8.67

8.72

8.78

8.83

8.88

8.94

8.99

9.05

14

9.10

9.15

9.21

9.26

9.32

9.37

9.43

9.48

9.53

9.59

9.64

9.70

15

9.75**

 

 

 

 

 

 

 

 

 

 

 

16

10.40**

 

 

 

 

 

 

 

 

 

 

 

17

11.05**

 

 

 

 

 

 

 

 

 

 

 

18

11.70**

 

 

 

 

 

 

 

 

 

 

 

19

12.35**

 

 

 

 

 

 

 

 

 

 

 

20

13.00**

 

 

 

 

 

 

 

 

 

 

 

 


 

TABLE 2A - WHERE QUALIFYING SERVICE COMMENCED AFTER 1 APRIL 1963

 

MONTHS OF SERVICE

Years of Service

0

1

2

3

4

5

6

7

8

9

10

11

0

 

-

0.07

0.14

0.22

0.29

0.36

0.43

0.51

0.58

0.65

0.72

0.79

1

 

087

0.94

1.01

1.08

1.16

1.23

1.30

1.37

1.44

1.52

1.59

1.66

2

 

1.73

1.81

1.88

1.95

2.02

2.09

2.17

2.24

2.31

2.38

2.46

2.53

3

 

2.60

2.67

2.74

2.82

2.89

2.96

3.03

3.11

3.18

3.25

3.32

3.39

4

 

3.47

3.54

3.61

3.68

3.76

3.83

3.90

3.97

4.04

4.12

4.19

4.26

5

 

4.33

4.41

4.48

4.55

4.62

4.69

4.77

4.84

4.91

4.98

5.06

5.13

6

 

5.20

5.27

5.34

5.42

5.49

5.56

5.63

5.71

5.78

5.85

5.92

5.99

7

 

6.07

6.14

6.21

6.28

6.36

6.43

6.50

6.57

6.64

6.72

6.79

6.86

8

 

6.93

7.01

7.08

7.15

7.22

7.29

7.37

7.44

7.51

7.58

7.66

7.73

9

 

7.80

7.87

7.94

8.02

8.09

8.16

8.23

8.31

8.38

8.45

8.52

8.59

10

 

8.67

-

-

-

-

-

-

-

-

-

-

-

 

NOTE:

1.          No Long Service Leave accrues for less than five years' service as an adult.

 

2.          In ascertaining the 'qualifying service' only completed years' count after 10 years' service.

 

3.          This calculator is expressed in weeks and decimals of a week.

 

 

 

TABLE 2B

 

COMPLETED DAYS OF SERVICE

Completed weeks of Service

0

1

2

3

4

5

6

0

-

.0024

.0047

.0071

.0095

.0119

0.142

1

.0167

.0190

.0214

.0237

.0261

.0285

.0309

2

.0332

.0356

.0380

.0404

.0427

.0451

.0475

3

.0499

.0522

.0546

.0570

.0594

.0617

.0641

4

.0665

.0689

.0712

.0736

-

-

-

 

 

NOTE:Where an employee is entitled to pro-rata long service leave (i.e. for service of less than 10 years) the pro-rata calculation must be made for all service up to and including the last day of employment.  In these circumstances the entitlement will be the sum of weeks from both Tables 2A and 2B.

 

 

F. MARKS, J.

 

 

__________________

 

 

 

Printed by the authority of the Industrial Registrar.

 

 

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