AWU NEW SOUTH WALES THOROUGHBRED RACING BOARD (STATE) CONSOLIDATED AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

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

 

(No. IRC 862 of 2001)

 

 

REVIEWED AWARD

 

Clause No.          Subject Matter

 

1          Title

2          Incidence and Parties Bound

3          Definitions

4          Salaries

5          Expenses

6          Vehicle Allowance

7          Meals

8          Sick Leave

9          Personal/Carer’s Leave

10        Annual Leave and Loading

11        Time Off in Lieu

12        Classifications

13        Salary Reviews and Additional Payments

14        Compassionate Leave

15        Long Service Leave

16        Binoculars

17        Rest Pause Between Shifts

18        Protective Clothing

19        Terms of Engagement

20        Industrial Grievance Procedure

21        Termination of Employment

22        Relationship to Other Awards

23        Duration

24        No Reduction in Entitlements

25        State Wage Case Adjustment

26        Anti-Discrimination

 

PART B

 

MONETARY RATES

 

Table 1 - Salaries

Table 2 - Other Rates and Allowances

 

1.  Title

 

This award shall be known as the AWU New South Wales Thoroughbred Racing Board (State) Award.

 

2.  Incidence and Parties Bound

 

(a)        This enterprise award shall be binding upon the New South Wales Thoroughbred Racing Board (TRB), its employees and The Australian Workers Union, New South Wales, its officers and members, and shall wholly regulate the terms and conditions of employees performing functions envisaged under the provisions of the Thoroughbred Racing Board Act No.37, as amended by the AJC Principal Club Amendment Act 1997, and covered by the classifications defined in clause 12, Classifications.

 

(b)        Clauses 7, 11 and 13 contained in Part A of this Award and the provisions contained in Part B of this Award do not apply to officers engaged as stewards.

 

3.  Definitions

 

(a)        The employer shall mean the New South Wales Thoroughbred Racing Board (TRB).

 

(b)        Union shall mean The Australian Workers Union, New South Wales (AWU).

 

(c)        Officer shall mean an employee performing the functions encompassed in clause 12, Classifications.

 

(d)        Normal workplace shall mean the location from where an officer usually works, including the offices of the New South Wales Thoroughbred Racing Board or a designated racing facility.

 

4.  Salaries

 

(a)        The annual salaries are set out in Table 1 Salaries, of Part B, Monetary Rates, for an average of 38 hours per week.

 

(b)        The weekly wage shall be ascertained by dividing the annual salary by 52.14. Concurrently, the daily wage rate shall be established by dividing the weekly rate by five, whilst hourly rates are established by dividing the weekly rate by 38.

 

5.  Expenses

 

An employee shall be entitled to be reimbursed all monies reasonably expended by him/her for and on behalf of the employer.

 

6.  Vehicle Allowance

 

Where an employee is required to use his/her own motor vehicle for the performance of his/her duties, he/she shall be paid by the employer for the use of such vehicle by way of an annual or other periodic allowance or at the rate per kilometre set out in Item 1 of Table 2 Other Rates and Allowances, of Part B, Monetary Rates.

 

7.  Meals

 

(a)        The employer shall provide a meal free of cost where an employee is required to attend a race meeting, or required to work beyond 6.00 p.m. in regard to the performance of their duties.

 

(b)        Where the employer does not provide a meal in accordance with the above, employees shall be paid an allowance in lieu thereof for the reimbursement of costs, to a maximum of $15.00 on each occasion, where this attendance covers a normal meal break.

 

8.  Sick Leave

 

(a)        After six months of continuous employment with the employer, an employee absent from duty on account of personal illness or accident shall be paid for the period of such absence, up to a maximum of 10 days at the rate of his/her full salary during their first year of employment, and thereafter 15 days for each subsequent year.

 

(b)        Officers engaged as stewards will, after six months of continuous employment with the employer, be entitled to be paid for up to a maximum of 10 days at the rate of his/her full salary during their first year of employment and thereafter 10 days for each subsequent year, where the employee is absent from duty on account or personal illness or accident.

 

(c)        Sick leave allowable under this clause which is not taken in the year in which it accrues due shall be fully cumulative and may be taken by an employee in addition to the sick leave which he/she may be entitled to in any one year.

 

(d)        To be entitled to sick leave allowable under this clause an employee may be required to prove to the satisfaction of the employer that he/she was unable, on account of illness or accident, to attend for duty on the day or days for which such leave is claimed.

 

9.  Personal/Carers Leave

 

(a)        Use of Sick Leave:

 

(i)         An employee with responsibilities in relation to a class of person set out in subparagraph (B) of paragraph (iii) of this subclause who needs their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement which accrues after the date of the making of this award, for absences to provide care and support for such persons when they are ill.

 

(ii)        The employee shall, if required, establish, by production of a medical certificate or statutory declaration the illness of the person concerned.

 

(iii)       The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(B)       the persons concerned being:

 

(1)        a spouse of the employee; or

 

(2)        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

 

(3)        a child or an adult child (including an adopted child, a stepchild, 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

 

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

 

(5)        a relative of the employee who is a member of the same household where, for the purposes of this paragraph:

 

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

 

(b)        affinity  means a relationship that one spouse, because of marriage, has to blood relatives of the other; and

 

(c)        household means a family group living in the same domestic dwelling.

 

(iv)       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.

 

(b)        Unpaid Leave for Family Purpose:

 

(i)         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 (B) of paragraph (iii) of subclause (a) of this clause who is ill.

 

(c)        Annual Leave:

 

(i)         To give effect to this clause, but subject to the Annual Holidays Act 1944, an employee may elect, with the consent of the employer, to take annual leave not exceeding five days in any calendar year at a time or times agreed by the parties.

 

(ii)        Access to annual leave, as prescribed in paragraph (i) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

(iii)       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.

 

(d)        Make-up Time:

 

(i)         An employee may elect, with the consent of their 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.

 

(e)        Grievance Process:

 

(i)         In the event of any dispute arising in connection with any part of this clause, such dispute shall be processed in accordance with the dispute settling provisions of this award.

 

(f)         The taking of annual leave shall be mutually agreed by the employer and the officer.

 

(g)        In all other respects the provisions of the Annual Holidays Act 1944 shall apply.

 

10.  Annual Leave and Loading

 

(a)        All officers employed under this award shall be entitled to 152 hours paid annual leave for each completed year of service.

 

(b)        On 1 December 1998, an officer shall be paid a loading equal to 17.5 per cent of their ordinary gross salary on the accrued annual leave.

 

In each year thereafter, in the first pay period in December, employees shall be paid a loading equal to 17.5 per cent of their ordinary gross salary on the leave accrued in the previous 12 months up to November 30.  Provided that an officer, at the date of the making of this award, with an entitlement to the payment for annual leave shall be entitled to apply for the taking of such leave and the payment of the leave loading up until November 30 1998.

 

(c)        Should an officer s employment be terminated prior to their anniversary in one year they shall be paid for all leave not taken to that point and the loading that would have been available to them up to the date of termination had their employment continued to the next anniversary.

 

11.  Time Off in Lieu

 

(a)        An officer at the level of Grades 1, 2, 3 and 4, who is directed to fulfil their major and substantial function as outlined in clause 12, Classifications, shall receive time off in lieu without loss of pay for work performed on:

 

(i)         Saturdays;

 

(ii)        Sundays;

 

(iii)       after twilight (being work completed after 6.00 p.m., excepting a meeting on Saturdays, Sundays or public holidays);

 

(iv)       gazetted public holidays.

 

(b)        Officers working at a race meeting under subclause (a) above shall receive an additional 0.25 times the number of hours worked, up to a maximum of two hours time off without loss of pay for each occasion worked.

 

(c)        Officers paid amounts arising from the application of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates, for meetings on Sundays, public holidays and twilight shall receive an additional day off without loss of pay for each occasion worked.

 

12.  Classifications

 

The following are general descriptions for the classifications of Racing Officers Grades 1 to 5:

 

Racing Officer Grade 1:

 

A person with little or no full-time experience relating to the administration of the rules of racing. A person at this level will undergo structured training and work under the close supervision of a Racing Officer Grade 2 or above.

 

Racing Officer Grade 2:

 

A person who has satisfactorily completed the basic training of a Grade 1 role and is continuing training in a specialist field or is sufficiently skilled and conversant with the rules of racing to enable them to undertake a role with a low level of responsibility, work with only general supervision and as part of a small team.

 

May be called upon to provide additional race meeting-related functions outside their core role, for example acting as Judge, Starter, Betting Supervisor.

 

Racing Officer Grade 3:

 

A person at this level will have completed three years employment with the Board or have equivalent industry experience as a Grade 1 or 2 Racing Officer. May be called upon to provide additional race meeting-related functions outside of their core role, e.g., acting as Judge, Starter, Betting Supervisor.

 

An employee at this level will be able to exhibit independent authority and initiatives, subject to routine departmental supervision.

 

Typical functions at this level would be handicapping higher grade races held at country and provincial tracks; assisting with enquiries as a steward; assisting with staff training and development of officers in Grades 1 and 2.

 

Racing Officer Grade 4:

 

Upon completion of all relevant training in their area of specialty, an officer at Grade 4 level may be responsible to Senior Management to head up a small team, providing middle management direction to a discrete section or area of the Board s activities as well as being a hands-on operative.

 

Works to minimal direction, within a clear policy framework, and is responsible for staff development of the team they supervise.

 

Able to give high quality advice and direction to those they work with.

 

Typical functions would include handicapper of higher grade races held at provincial and metropolitan tracks, assisting with enquires as a steward, assisting with staff training and development of officers in Grades 1, 2 and 3.

 

Racing Officer Grade 5:

 

Shall be an officer with responsibility for an entire department.

 

Directly answerable to the Executive Management for the development and implementation of policy in regard to the Board s operation in their area of expertise.

 

An officer at this level shall hold relevant tertiary qualifications and/or industry experience to provide overall management and leadership expertise to their department.

 

13.  Salary Reviews and Additional Payments

 

(a)        The parties to this award acknowledge that the employer shall have the right to review an officer s salary based on work performance, productivity and functions restructuring.

 

(b)        The salary ranges contained in Table 1 - Salaries, of Part B, Monetary Rates, shall be the minimum payment entitlement for officers fulfilling the requirements of the positions of Racing Officer Grades 1 to 5 as defined in clause 12, Classifications.

 

(c)        Salary reviews may, by mutual agreement between the officer and the employer, result in salary packaging that may include other rewards or entitlements to the individual concerned, provided that such packaging shall demonstrably be of equal or greater value than the minimum salary outcome for the relevant classification as provided by the said Table 1 and shall be reduced to writing at the time of agreement and signed by both parties.

 

Where an officer receives a salary increase as a result of a salary review, any increase to the minimum salaries contained in Table 1 - Salaries, of Part B Monetary Rates as a result of sub-clause (f) of this clause shall be absorbed into the salary review increase.  The officer will be advised in writing of the details of the increase and the fact that it shall be absorbable into any award increases as a result of sub-clause (f) of this clause.

 

(d)        An officer shall be entitled to an additional payment in accordance with Table 2 - Other Rates and Allowances, of the said Part B, for duties required of them on a race day that falls on a Saturday, Sunday, public holiday or after twilight during the week, Monday to Friday, where such duties are of such a discrete nature so as not to constitute their major and substantial functions as a racing officer.

 

(e)        Time off in lieu arising from the application of clause 11, Time Off in Lieu, that is outstanding at the anniversary of the operative date of this award in any year shall be paid to the officer concerned, such payment being based on their ordinary rate of pay as provided in Table 1 Salaries, of Part B, Monetary Rates.

 

(f)         The parties agree that on or after 1 November in any year, the salaries paid to officers, and the amounts contained within Tables 1 and 2 of Part B, Monetary Rates, will be reviewed and amended in line with State Wage Case decision outcomes during the twelve months prior (excepting November 1998), and in consideration of annual movements in the Consumer Price Index (average of all groups) maintained by the Australian Bureau of Statistics for the October quarter ending in each of those years, provided that increases in the Index of less than one per cent will be discounted for any purposes for the review of salaries.  The amount of the adjustments shall be the greater of the movements in the Consumer Price Index and State Wage Case decision.  This subclause shall be operative on the quantum line 119.7, which is the October 1997 quarter Index.

 

14.  Bereavement Leave

 

(a)        An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 1.7.3 below.

 

(b)        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.

 

(c)        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 in 9(a)(iii), provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

(d)        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.

 

(e)        Bereavement leave may be taken in conjunction with other leave available under Clause 9(a), (b), (c) and (d) and Clause 11 of this Award.  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.  Long Service Leave

 

See Long Service Leave Act 1955.

 

16.  Binoculars

 

Binoculars shall be supplied for the use of stewards, handicappers, judges and their assistants.

 

17.  Rest Pause Between Shifts

 

An officer shall be allowed a ten-hour break between work on consecutive days, to be granted without loss of pay, or such other alternative arrangements agreed on an individual case basis.

 

18.  Protective Clothing

 

Where an employee is required to work in dirty conditions, or in inclement weather, or where the nature of the work otherwise so demands, the necessary protective clothing and equipment shall be supplied by the employer.

 

19.  Terms of Engagement

 

(i)         Employees may be engaged on a full-time, part-time or casual basis.

 

(a)        Full-time employment

 

(i)         Provisional employment - During the first six months of employment, full-time employees will be provisionally employed.  Provisionally appointed employees shall be reviewed continuously throughout the probationary period and any deficiencies in performance brought to their attention.  Employees unable to satisfactorily meet all criteria by the end of the probation period will be dismissed.  Provisional employees will be terminated in accordance with clause 21(a).

 

(ii)        Employment after six months - Full-time employees employed after six months will be terminated in accordance with clause 21(b).

 

(b)        Part-time employment

 

(i)         A part-time employee is an employee who works regular hours or regular race days but less than full-time staff.

 

(ii)        Part-time employees shall receive the same entitlements as full-time employees, but on a pro rata basis.

 

(iii)       Part-time employees shall be rostered a minimum of two full days per week or shall be rostered to work regular race days.

 

(iv)      For work rostered in excess of the two-day minimum, a part-time employee shall be engaged for a minimum of four hours for each engagement.

 

(v)       This clause does not apply to those employees who perform work under another contract of full-time monthly employment.

 

(c)        Casual employees shall be engaged and paid as such for a minimum engagement of three consecutive hours. A loading of 20 per cent shall be added to the relevant hourly rate in lieu of all paid leave arising from this award.

 

(ii)        Employees shall perform all work in all areas as the employer may reasonably require, to the limits of the skills, competence and classification of the employee and the task required to be undertaken.

 

(iii)       An officer required to fulfil the duties of a higher classification, beyond four continuous weeks, shall be paid the difference between their substantive position and the higher position acted into.

 

20.  Industrial Grievance Procedure

 

(a)        The aim of this procedure is to ensure that, during the term of this award, industrial grievances or disputes are prevented or resolved as quickly as possible at the level at which they occur in the workplace.  At any time during the procedure, an employee may elect to be represented by an official of his/her union.

 

(b)        Where a dispute or grievance arises, or is considered likely to occur, the steps below are to be followed. In order to permit the peaceful resolution of grievances, the status quo shall remain and work shall continue as normal while the industrial grievance procedure is being followed.  (Status quo shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute.)

 

Step 1  The matter is discussed between the employee(s) and the immediate supervisor involved.  If the matter remains unresolved, only then follow Step 2.

 

Step 2  The matter is discussed between the employee, the employees representative (if the employee so wishes) and the supervisor involved. If the matter remains unresolved, only then follow Step 3.

 

Step 3  The matter is discussed between the employee, the employees representative if the employee so wishes), the supervisor and the departmental manager. If the matter remains unresolved, only then follow Step 4.

 

Step 4  The matter is discussed between the departmental manager, the human resources manager and the employee s representative and/or union official (if the employee so wishes).  If the matter remains unresolved, only then follow Step 5.

 

(Where it is agreed by the employee and departmental manager, Steps 1 to 4 may be conducted concurrently).

 

Step 5  The matter is discussed between senior representatives of the company and the union, if the employee is represented by the union.  The parties agree to exhaust the processes of conciliation before considering Step 6. It is also agreed that the parties will not deliberately frustrate or delay these procedures.

 

Step 6  The matter may be referred, by either party, to the Industrial Relations Commission of New South Wales in order for the Commission to exercise its functions under the Industrial Relations Act 1996. It is the intention of the parties that this provision meets the criteria pursuant to the said Act.

 

21.  Termination of Employment

 

(a)        During the first six months of employment, termination shall be by one week’ s notice on either side or the payment or forfeiture of one week s salary, as the case may be, in lieu of notice.

 

(b)        After the first six months of continuous employment, termination shall be by four weeks notice or the payment or forfeiture, as the case may be, of four weeks salary in lieu of notice.

 

(c)        An employee may be dismissed at any time without notice for serious misconduct.

 

22.  Relationship to Other Awards

 

This award shall be read concurrently with the provisions of the following awards:

 

Theatrical Employees (Training Wage) (State) Award published 1 November 1996 (295 I.G. 655);

 

Theatrical Employees Redundancy (State) Award published 15 December 2000 (321 I.G. 20).

 

Should an inconsistency arise, the terms of this award shall prevail over those contained in the awards listed above.

 

23.  Duration

 

This award is made following a review under section 19 of the Industrial Relations Act 1996 and replaces the AWU New South Wales Thoroughbred Racing Board (State) Award published 21 May 1999 (309 I.G. 404) and all variations thereof.

 

The award published 21 May 1999 took effect force from the beginning of the first pay period commencing on or after 31 May 1998.

 

The changes made to the award pursuant to the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Award made by the Industrial Relations Commission of New South Wales on 18 December 1998 (308 IG 307) take effect on and from 12 July 2001.

 

This award remains in force until varied or rescinded, the period for which it was made already having expired.

 

24.  No Reduction in Entitlements

 

No existing officer at the date of implementation of this award shall suffer a reduction in either conditions or salary, whether award based or not, simply as a consequence of the existence of this award, and its impacting on their employment.

 

25.  State Wage Case Adjustment

 

The rates of pay in this award include the adjustments payable under the State Wage Case of June 1998. This adjustment 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.

 

26.  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, age and responsibilities as a carer.

 

(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 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 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 this 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

 

Table 1 - Salaries

 

The minimum ranges in which persons covered by this award salary shall be set are as follows:

 

	$
	(per annum)
Racing Officer Grade 1	29,925 - 35,210
Racing Officer Grade 2	33,050 - 41,570
Racing Officer Grade 3	39,410 - 48,045
Racing Officer Grade 4	45,885 - 54,520
Racing Officer Grade 5	56,675

 

Table 2 - Other Rates and Allowances

 

	Per kilometre
Motor vehicle allowance	53 cents
Additional Race Day Rates:
Role:	Daily Rate
(a)        Assistant Clerk of Scales, Timekeeper Race Results (clerical)	$111.30
(b)        Assistant Judge, Assistant Starter, Clerk of Scales, Assistant Betting              Supervisor	$133.50
(c)        Judge, Starter, Betting Supervisor	$166.90

 

*This rate shall be adjusted in line with movements in the Consumer Price Index in a fashion provided in subclause (f) of clause 13, Salary Reviews and Additional Payments.  Any results less than half a cent shall be rounded down, with amounts equal to or greater than half a cent to be rounded up to the nearest cent.

 

 

 

P. J. SAMS  D.P.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.