ADECCO PROJECTS AUSTRALIA PTY LTD (EVENTS) (STATE) AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The Australian Workers'
Union, New South Wales for a new award.
(No. IRC 4915 of 2001)
|
Before the Honourable Justice Walton,
Vice President
|
9 August 2001
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AWARD
1. TITLE
This Award shall be known as the Adecco Projects Australia
Pty Ltd (Events) (State) Award 2001.
2. ARRANGEMENT
PART A
Clause No Subject Matter
1 Title
2 Arrangement
3 Parties
to this Award
4 Intention
5 Rates of
Pay
6 Training
Levy (Funding for Training, Safety & Industrial Rights)
7 Conditions
of Engagement - full time, part time and fixed term employees
8 Hours of Work
- full time, part time and fixed term employees
9 Casual
employees
10 Meal
Breaks
11 Excess
Hours Worked (full time, part time and fixed tern employees)
12 Public
Holidays
13 Sick Leave
14 Anti-Discrimination
15 State
Personal/Carer's Leave
16 Bereavement
Leave
17 Parental
Leave
18 Redundancy
19 Training
Wage
20 Payment of
Wages
21 Annual
Leave and Annual Leave Loading
22 Job
Representative
23 Labour
Flexibility
24 Uniforms
and Protective Clothing
25 Tools and
Equipment
26 Change
Rooms and Amenities
27 Grievance
and Dispute Resolution Procedures
28 Area,
Incidence and Duration
29 No Extra
Claims
30 No
Reduction of Entitlements
31 Payroll
Advice
32 Superannuation
33 Rehabilitation
Services
PART B - MONETARY RATES
Table 1 - Rates of Pay
PART C - CLASSIFICATIONS
3. PARTIES TO THIS
AWARD
The Parties to this Award are:
(i) Adecco
Projects Australia Pty Ltd ACN 076 981 756 ("the employer"); and
(ii) The
Australian Workers' Union, New South Wales ("the Union").
4. INTENTION
The principle intentions of this Award are:
(i) To promote
harmonious industrial relations at the Homebush Bay Olympic Park site and
associated facilities;
(ii) To maximise
standards of service to the public and park's users, measured against those
applying in the leisure and recreation industry nationally and internationally;
(iii) To facilitate
the development of a multi-skilled workforce;
(iv) To establish
flexible operational arrangements to meet the needs of the employer, its client
and those of the workforce;
(v) To establish
the Homebush Bay Olympic Park and Sydney International Regatta Centre as world
class sports venues.
5. RATES OF PAY
(i) The minimum
rates of pay for employees covered by this Award shall be those set out in Table
1 - Rates of Pay, of Part B, Monetary Rates.
(ii)
|
Junior Rates
|
Percentage of
appropriate rate
|
|
At 18 years
|
75
|
|
At 19 years
|
85
|
|
At 20 years
|
100
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(iii) The classifications
(skills/definitions) for employees covered by this Award shall be those
classifications set out in Part C.
6. TRAINING LEVY
(FUNDING FOR TRAINING, SAFETY AND INDUSTRIAL RIGHTS)
(i) The employer shall pay and additional
amount of $2.00 per week, per employee (not to be increased whilst this
agreement is in force). This payment
shall be made to the AWU NSW Branch Training, Safety and Industrial Rights
Council, being an organisation established for the purpose of promoting
vocational training, occupational health and safety training, safer work
practices, knowledge of Award and other industrial entitlements, and other
services for the benefit of workers covered by this agreement.
(ii) Prior to the
establishment of such an organisation, the funds referred to in subclause
(a) shall be
deposited and preserved in an account to be agreed upon by the Company and the
Union.
(iii) Adecco shall
be represented on the board of the AWU NSW Branch Training, Safety and
Industrial Rights Council.
7. CONDITIONS OF
ENGAGEMENT - FULL TIME, PART TIME AND FIXED
TERM EMPLOYEES
(i) An employee
shall be engaged as either a full time, part time, fixed term or casual
employee.
(ii) A full time employee
is an employee who is engaged to work an average of 38 hours per week.
(iii) A part time
employee is an employee engaged to work a minimum of ten hours per week. A part
time employee shall receive sick leave, annual leave and long service leave on
a pro rata basis.
(iv) Full time and
part time employees shall be engaged by the week and their engagement shall
only be terminated by the employer or employee giving the notice prescribed by
the Industrial Relations Act 1996, or
by payment in lieu or forfeiture, as the case may be, of the appropriate wage
in lieu of notice.
(v) A fixed term
employee shall be employed for a fixed period. The engagement of a fixed term
employee may be varied by agreement between the employer and the employee.
(vi) A casual
employee shall be an employee who is engaged and paid as such.
(vii) The provisions
outlined in subclauses (iv) and (v) of this clause shall not affect the right
of the employer to dismiss any employee without notice for misconduct or other
neglect of duty.
(viii) Notwithstanding
the provisions applying to paid leave, the employer shall have the right to
deduct payment for time lost by an employee who fails to attend for duty
without leave to absent himself/herself for the actual time of such non-attendance.
8. HOURS OF WORK -
FULL-TIME, PART-TIME AND FIXED TERM EMPLOYEES
(i) The ordinary
hours of work, exclusive of meal times, shall not exceed an average of 38 per
week, between the hours of 7:00 am and 11:00 pm. The ordinary hours of work may
be extended to 6:00 am and 2:00 am to cover special events, provided that
management gives all employees involved seven (7) clear days' notice of the
extension of ordinary hours, or upon agreement between the employer and the
employee.
(ii) Where
employees are required to work outside the ordinary hours of work, employee
will be paid a loading of 15 per cent for hours worked (other than overtime
hours) between 11:00 pm and 7:00 am or the extended hours of 2:00 am and 6:00
am in accordance with subclause (i) of this clause.
(iii) Notwithstanding
the provisions of subclauses (i) and (ii) of this clause, the ordinary hours of
work for an employee engaged in the safeguarding of property shall not exceed
an average of 38 per week, and may be worked as ordinary hours any hour of the
day. This provision shall only apply to employees classified at level 3 or 4
under this Award.
(iv) The employer
shall arrange the working hours of the 38 hours per week:
(a) By employees
working less than eight hours per day;
(b) By employees
working less than eight hours on one or more days in each week;
(c) By employees
working up to ten hours on one or more days in the week.
(v) Employees
shall be entitled to receive four sets of two consecutive days off in each
28-day period.
(vi) Notwithstanding
the provisions of subclauses (i) and (iii) of this clause, the employer and
employee may agree to change the rostered time of ordinary hours by one weeks
notice or the consent of the employees at any time.
9. CASUAL EMPLOYEES
(i) Subject to
subclause (v) of this clause, a casual employee is an employee engaged and paid
as such. A casual employee shall be paid the appropriate hourly rate as set out
in Table 1 - Rates of Pay, of Part B, Monetary Rates, for all hours worked
Monday to Sunday, regardless of start and finish times.
(ii) The casual
hourly rate contained in this Award contains a component in lieu of any
entitlement to sick leave, bereavement leave, long service leave and annual
leave.
(iii) A casual
employee shall receive a minimum payment of 4 hours for each engagement, to be
worked consecutively, except in the case of tour guides or training sessions,
which shall be 2 hours.
(iv) Casual rosters
may be changed by management, provided that shifts are not shortened to less than
the minimums referred to above. Further, employees shall be advised of their
anticipated finishing time at the commencement of a shift, however nothing in
this subclause shall be construed to affect the employers' right to shorten an
engagement after it has commenced.
(v) Casual
employees who are required to work on a public holiday shall be entitled to
double time and one-half of the base weekly pay rate for each hour worked on
the public holiday.
(vi) Where a casual
employee is required to work 14 hours in any 24 hour period, the casual
employee shall have at least ten consecutive hours off duty before their next
engagement.
10. MEAL BREAKS
(i) Employees
shall be entitled to an unpaid meal break of 30 minutes, which should be taken
no more than 5 hours after commencing duty.
(ii) Employees
other than casual employees working more than 6 hours per day (excluding
breaks) shall also be entitled to 2 paid 10-minute rest break either side of
the unpaid meal break.
(iii) The employer
and employee shall determine the time at which a rest break shall be taken.
(iv) Notwithstanding
the provisions of subclause (i) of this clause, the employer and employee can
determine the appropriate time to take a meal break by mutual agreement.
(v) Casual employees
shall be given a paid break of 10 minutes within 3 hours of commencing duty,
with a further paid break of 10 minutes should work be required after 6 hours,
with a 30 minute paid meal break where work continues beyond 8 hours in a
shift.
(vi) An employee
required to work through a period when a meal break should be taken shall
receive overtime for the time so worked at the rate of time and a half of the
base ordinary weekly rate.
11. EXCESS HOURS
WORKED (FULL TIME, PART TIME AND FIXED TERM EMPLOYEES)
(i) All hours
worked in excess of an average of 38 in any one week outside the spread of
hours prescribed in subclause (i) of clause 7, Hours or Work - Full Time, Part
Time and Fixed Term Employees, or in excess of 10 hours on one day, shall be
paid as overtime or given as time off in lieu. This subclause does not apply to
casual employees.
(ii) All excess
hours must be authorised by the appropriate supervisor in each section, prior
to any overtime being worked.
(iii) By mutual
agreement, excess hours shall be paid as overtime or taken as time off in lieu,
Time off in lieu will be the equivalent number of actual hours worked. All
accrued time off in lieu shall be taken 2 months after it falls due, unless
there is mutual agreement between the employer and employee to do otherwise.
The maximum number of hours to be accrued at any time is 38.
(iv) Where it is
impracticable for the excess hours to be taken off as time off in lieu, it
shall be paid for at the rate of time and one-half for the first 2 hours and
double time thereafter.
(v) An employee
(other than a casual employee) who works so much overtime between the
termination of ordinary work on one day and the commencement of ordinary work
on the next day that the employee has not had at least 10 consecutive hours off
duty between those times, shall be release after the completion of such
overtime until 10 consecutive hours have been allowed without loss of pay for
ordinary working time occurring during such absence.
(vi) For the
purpose of this clause, "excess hours" means overtime.
12. PUBLIC HOLIDAYS
(i) The days on
which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen's Birthday, Labour Day, Christmas Day, Boxing Day or
any proclaimed day in lieu thereof for the State are observed shall be holidays
and no deduction shall be made in respect of such holidays from the wages due
to any employee for the week in which such holiday or holidays occur.
Provided that any of the above mentioned holidays may be
substituted for another day off by agreement between the employer and
employee(s), to be taken within one month of the said holiday or adjacent to a
period of annual leave.
(ii) In addition to
the holidays prescribed in subclause (i) of this clause, full time, part time
and fixed term employees shall be entitled to take a paid picnic day which
shall be observed on the first Monday in December or which shall be taken at a
time mutually agreeable to the employer and the employee(s), provided that the
employee shall provide to the employer proof of purchase of a ticket to the
AWU's picnic day function, 10 working days prior to the event.
(iii) Any full
time, part time or fixed term employee who is required to work on a public
holiday shall be entitled to either time and one-half hours pay for each hour
worked as well as a day off in lieu at a time mutually agreed or double time
and one-half for each hour worked on the public holiday.
(iv) An employee
who is absent from work on the day before or the day after a public holiday
shall provide the employer with proof of sickness (by way of a medical
certificate) prior to receiving payment for those days;
(v) An employee,
whose day(s) off duty coincides with a public holiday, shall not be entitled to
receive an additional day in lieu;
(vi) Casual
employees who are required to work on a public holiday shall be entitled to
double time and one-half of the base weekly pay rate for each hour worked on
the public holiday.
13. SICK LEAVE
(i) A full time,
part time or fixed term employee shall be entitled to 10 days' sick leave pro
rata per year. Part time employees shall be entitled to a proportionate amount
of sick leave.
(ii) If the full
period of sick leave is not taken on any one year, the whole or untaken portion
shall accumulate from year to year.
(iii) An employee
shall not be entitled to sick leave for any period in respect of which such
employee is entitled to Workers' Compensation.
(iv) Where an
employee is ill or incapacitated on a rostered day or shift off, he/she shall
not be entitled to sick pay on that day, nor shall his/her entitlement to sick
leave be reduced as a result of such illness or incapacity.
(v) Where an
employee is absent for more than 1 consecutive day, or more than 5 single days
in 1 year, the employee shall provide the employer with a doctor's certificate.
(vi) The employee
shall, wherever possible, prior to the commencement of the absence of sick
leave inform the employer of their inability to attend for duty and, as far as
practicable, state the nature of the injury or illness and the estimated
duration of the absence.
14.
ANTI-DISCRIMINATION
(i) It is the
intention of the parties bound by this Award to seek to achieve the object in
section 3 (f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination on the grounds of race,
sex, marital status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(ii) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the 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.
(iii) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(iv) Nothing in
this clause is to be taken to affect:
(a) Any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) Offering or
providing junior rates of pay to persons under 21 years of age;
(c) Any act or
practice of a body established to propagate religion which is exempted under
section 56 (d) of the Anti-Discrimination
Act 1977;
(d) A party to
this Award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(v) This clause does
not create legal rights or obligation in addition to those imposed upon the
parties by the legislation referred to in this clause.
15. STATE
PERSONAL/CARER'S LEAVE
(i) 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 (1) of paragraph (c) of this subclause, 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 13, 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, 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 for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to
the employee being responsible for the care and support of the person concerned
and
(1) 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 married
to that person; or
(iii) A child or an
adult child (including an adopted child, a step-child, a foster child or an
ex-nuptial 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 purpose 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.
(2) 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.
(ii) 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 class of person set out in
subparagraph (1) of paragraph (c) of subclause (i) who is ill.
(iii) 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 5 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 annual leave loading in respect of single
day absences until at least 5 consecutive annual leave days are taken
(iv) 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.
(v) 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 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.
(vi) 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 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 to participate in negotiations.
16. BEREAVEMENT LEAVE
A full time, part time or fixed term employee shall be
entitled to a maximum of 3 days' leave without loss of pay on each occasion and
on the production of satisfactory evidence of the death within Australia of a
parent (including foster parent and parent-in-law), grandmother, grandfather,
wife, husband, de facto wife, de facto husband, sister, brother, child,
stepchild or grandchild.
Provided further, an employee on a weekly hiring shall be
entitled to a maximum of 2 days' leave without loss of pay on each occasion and
on the production of satisfactory evidence of the death outside Australia of a
member of the employee's family or household (clause 15, subclause (ii) - State
Personal/Carers' Leave) and where such employee travels outside Australia to
attend the funeral.
Bereavement leave may be taken in conjunction with other
leave available under clause 15, subclause (ii) State Personal/Carers' Leave.
In determining such a request, the employer will give consideration to the
circumstances of the employee and the reasonable operational requirements of
the employer.
17. PARENTAL LEAVE
A full time, part time or fixed term employee shall be
entitled to parental leave pursuant to the provisions of the Industrial Relations Act 1996.
18. REDUNDANCY
See the New South Wales Theatrical Employees Redundancy
(State) Award, or its successor(s).
19. TRAINING WAGE
See the New South Wales Theatrical Employees (Training Wage)
(State) Award, or its successor(s).
20. PAYMENT OF WAGES
Wages will be paid weekly in arrears by electronic funds
transfer (EFT).
21. ANNUAL LEAVE AND
ANNUAL LEAVE LOADING
(i) Full time and
part time employees shall receive annual leave of 5 weeks per annum, plus 17.5
percent annual leave loading, upon the completion of 12 months' service.
(ii) The loading
referred to in subclause (i) of this clause shall be paid to all weekly
employees, upon the anniversary of their entitlement, as a lump sum.
(iii) Fixed term
employees who are engaged on a contract of less than 12 months shall be entitled
to annual leave loading, provided that they have been employed as either a
casual or weekly employee for a period of longer than 12 months in total, as an
aggregate of full time, part time or casual employment.
22. JOB
REPRESENTATIVE
(i) A job representative
appointed by the employees shall be allowed the necessary time during working
hours to interview the supervisor or officer in charge on matters affecting the
employees who he/she represents.
(ii) The
Australian Workers' Union, New South Wales, job delegates who are full time
employees shall be allowed up to 5 days paid leave per year to attend approved
courses run by the Union.
(iii) Casual
employees appointed as job representatives shall be provided paid leave up to 8
hours in a calendar year to attend union sponsored training, provided that not
more than two individuals are nominated for such training per calendar year by
the union.
23. LABOUR FLEXIBILITY
Employees covered by this Award shall perform all work
within their skill and competence including, but not limited to, work which is
incidental but not peripheral to their main tasks and functions.
24. UNIFORMS AND
PROTECTIVE CLOTHING
Employees are required to wear a uniform. The employer will
provide the following items of uniform:
(i) Shirt;
(ii) Hats; and
(iii) Other items
from time to time.
Employees are responsible for supplying basic items of
uniform (such as black trousers, black shoes and socks), complying with the
employer's uniform policy.
Protective clothing and very cold weather clothing will be
supplied on an as-required basis to the employees free of charge and will
remain the property of the employer.
Upon termination of employment, all uniforms and property
belonging to the employer shall be returned by the employee to the employer.
The employer reserves the right to withhold all wages due pending receipt of
all property of the employer issued to the employee.
25. TOOLS AND
EQUIPMENT
All tools and equipment required by the employee(s) to
perform their duties shall be provided by the employer.
26. CHANGE ROOMS AND
AMENITIES
The employer shall (where practicable) provide limited
change room facilities for the use of the employee (s), free of charge. Such change rooms shall be equipped with hot
and cold showers and shall be fitted with locker accommodation where
practicable.
The employer recognises its "duty of care", and
shall supply where necessary employees with sunscreen and water where such
employees are required to perform duties in the open where such employees may
be subjected to the sun.
27. GRIEVANCE AND
DISPUTE RESOLUTION PROCEDURES
(i) Procedures
relating to grievances of individual employees:
(a) The employee
is required to 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) A grievance
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.
(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 a proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by the Union for the purpose of each procedure.
(ii) Procedures relating
to disputes, etc. between the 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 employers and the employees
may be represented by the Union for the purpose of each procedure.
28. AREA, INCIDENCE
AND DURATION
(i) This Award
shall regulate the terms and conditions of employees of Adecco Projects
Australia Pty Ltd ACN 076 981 756, engaged within the scope of the
classification structure contained in subclause (iii) of clause 5, Rates of
Pay, employed in, or in connection with, or in or about (whether indoors or
outdoors) any fixture, exhibition or performance at the Olympic Park, Homebush,
the International Regatta Centre or other associated venues, as a result of the
employer having contractual arrangements to provide staff to:
(a) The Olympic
Coordination Authority or its successor organisation;
(b) An operator of
any of the venues mentioned above; or
(c) A user of any
of the venues mentioned above.
(ii) This award
rescinds and replaces Adecco Australia Pty Ltd Homebush Bay and Other Venues
(State) Award 2000 published 8 September 2000 (318 I.G 445). This Award shall
take effect on and from 1 August 2001 and shall remain in force until 31 July
2004.
(iii) This Award
shall not apply to employees engaged by the operators (or subcontractors) of
the following:
(a) Sydney
International Athletics Centre;
(b) Sydney
International Aquatic Centre;
(c) State Sports
Centre;
(d) Royal
Agricultural Society Showground site;
(e) Stadium
Australia (Olympic Stadium); and
(f) Sydney
SuperDome.
29. 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, for the
duration of the Award.
30. NO REDUCTION OF
ENTITLEMENTS
No existing employee at the date of the implementation of
this Award shall suffer a reduction in either conditions or rates of pay,
whether Award based or not, simply as a consequence of the existence of this
Award and its impacting on their employment.
31. PAYROLL ADVICE
All employees shall be issued with a written payroll advice
indicating all deduction made from the wage, classification and hourly rate of
pay, superannuation details, gross and net pay for the period, within five
working days of the completion of the pay period concerned.
32. SUPERANNUATION
The subject of superannuation 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,
and the Superannuation (Resolution of
Complaints) Act, 1993. The legislation, as varied from time to tome, governs
the superannuation rights and obligations of the parties.
The employer shall contribute to the Fund in accordance with
the legislation.
In this clause all references to "Fund" shall mean
the Australian Public Superannuation (APS) Fund. However, in situations where the Employee is already a member of
an SGL compliant superannuation fund, (and the duration of employment under
this award is to be limited), the existing fund shall be acceptable.
33. REHABILITATION
SERVICES
The parties agree that the nominated rehabilitation service
provider will be Australian Injury Management Pty Limited, which has been
certified by NSW Work Cover. Notwithstanding, the parties understand that the
employee reserves the right, under the Act, to choose an alternate
rehabilitation provider.
PART B
MONETARY RATES
Table 1 - Rates of Pay
The following shall be the ordinary hourly rates for
employees engaged between Monday and Sunday, excluding public holidays.
|
CLASSIFICATION
|
WEEKLY EMPLOYEES (PER HOUR)
|
CASUAL
HOURLY RATES
|
|
Level 1
|
$13.00
|
$15.80
|
|
Level 2
|
$14.60
|
$17.75
|
|
Level 3
|
$16.25
|
$19.75
|
|
Level 4
|
$19.35
|
$23.51
|
The parties agree that the monetary figures contained in this
Award reflect the outcome of the 2001 State Wage Case. Further, it is also
agreed that the above rates will be adjusted in line with the monetary outcomes
or percentage adjustments of the 2002 and 2003 State Wage Cases.
Casual hourly rates shall be determined by adding the
following percentages to the appropriate weekly rates, rounded off to the
nearest five cents.
From date of making of the Award 21.5%
PART C
CLASSIFICATIONS
Level 1
Shall be an employee with no qualifications and who performs
duties of a routine nature, requiring the use of minimum judgement and
supervision. Employees at this level may include the initial recruit, who may
have limited relevant experience.
Indicative of some of the duties that an employee at this
level may perform are car park attendant and event marshall.
An employee at this level will be able to communicate with
the public in a courteous and tactful manner. This position will work under
close supervision and undergo on-the-job training.
Upon completion of 400 hours of employment, an employee
would be reclassified to Level 2.
Level 2
Shall be an employee who has:
(a) Undertaken
structured training recognised by the employer as being relevant; or
(b) Completed 400
hours' employment at the level required of a Level 1 operative or equivalent
work within the Leisure and Recreation Venue Management Sector, including
acting as a traffic controller in regard to avenue or event at which this Award
applies.
An employee at this level would:
Demonstrate a capacity to work in a team environment
under routine supervision and assist with the provision of on-the-job training
to a limited degree; and
Where appropriate, hold and maintain first aid and
other qualifications recognised as being in accordance with the safe and
effective conduct of duties involving public and employee health and safety.
Undertake retail transactions and or be responsible for
the presentation of tours or information sessions.
In addition to the requirements of Level 1 employees, the
following are indicative of the duties that an employee at this level may
perform - ticket sales agent, venue tour guide, general operational assistant,
event staff centre and communications centre staff.
Level 3
An employee at this level shall exercise discretion within
one's own level of skill, training and authority. The employee would have
delegated responsibility for work under their control or supervision in terms
of allocation of duties; coordination of work flows, checking progress, quality
of work and resolving problems.
In addition to the requirements of Level 1 and 2 employees,
the following is indicative of the duties that an employee at this level may
perform - event staff team leader, supervising employees at Levels 1 and 2.
Level 4
Shall be an employee who, subject to broad guidance or
direction, reports to more senior staff as required and has appropriate levels
of experience and/or qualifications commensurate with the duties.
In addition to the requirements of Level 1, 2 and 3
employees, the following is indicative of the duties an employee at this level
may perform - an event supervisor, supervising employees at Levels 1, 2 and 3.
M. J.
WALTON J, Vice-President.
____________________
Printed by the authority of the Industrial Registrar.