THE AUSTRALIAN WORKERS UNION WORKFORCE INTERNATIONAL PTY LTD (EVENTS)
(STATE) AWARD 2001
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by the Australian Workers'
Union, New South Wales, industrial organisation of employees.
(No. IRC 4498 of 2001)
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Before the Honourable Mr Justice Peterson
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26 July 2001
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AWARD
1. TITLE
This Award shall be known as the Australian Workers Union
"Workforce International Pty Ltd (Events)" (State) Award 2001.
2. PARTIES
The parties to this Award shall be:
a) Workforce International Pty Ltd (ACN
001 775 435) (the Company) and its employees falling within the scope of Clause
5, Application and Scope, of this Award,
and
b) The
Australian Workers Union, New South Wales, its officers and members employed by
the Company.
3. ARRANGEMENT
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Clause No.
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Subject Matter
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1.
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Title
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2.
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Parties
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3.
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Arrangement
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4.
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Intention
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5.
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Application and Scope
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6.
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Definitions
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7.
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Period of Operation
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8.
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Rates of Pay and Skill Level Definitions
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9.
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Terms of Engagement
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10.
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Meal Breaks and Allowances
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11.
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Payment of Wages
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12.
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First Aid Allowance and Laundry Allowance
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13.
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Amenities
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14.
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Disciplinary Procedure
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15.
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Superannuation
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16.
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Multi-hiring
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17.
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Dispute Procedure
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18.
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Role of the Union
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19.
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Rehabilitation Services
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PART B
Monetary Rates
Table 1 - Rates of pay
Table 2 - Other Rates and Allowances
4. INTENTION
a) The Union
agrees to work with the Company to achieve the following values that the
company has identified as being essential in meeting its obligations to its clients
and other stakeholders:
• Integrity
and dedication.
• Teamwork
and effective communication.
• Accountability
and rewards linked to performance.
• Health
and safety in the work place.
• A
productive attitude towards industrial relations.
• The development
and cross-training of the workforce.
b) For its part,
the Company acknowledges that good industrial relations are central to an
efficient and effective workforce, and recognises the role of the Union in
representing the legitimate interests of the workforce in regard to all
employment related matters.
5. APPLICATION AND SCOPE
This Award shall be binding upon:
Workforce International Pty Ltd (ACN 007 775 435) and the
Australian Workers Union, representing their members, employees of the Company,
in respect to employment conditions and rates of pay for the Company's
employees, employed in regard to clients' of the company engaged in the
following:
• Venue
operation and or maintenance.
• Exhibition
Construction or Staging.
• Sporting
Fixtures
• Entertainment
(Live or Recorded).
6. DEFINITIONS
a) "The
Company" shall mean Workforce International Pty Ltd.
b) "The
Union" shall be the Australian Workers Union, New South Wales.
c) "Ticketing
Operations" shall mean all aspects of the operation of the Company
relating to the sale of tickets at venues or events where this award operates,
however, shall not include cash security functions relating to the transfer of
money, nor in regard to the operation of paid parking facilities.
d) "Casual"
shall be an employee engaged and paid as such.
e) "Admissions
Officer" shall mean an employee who is not required to be licensed under
the Security Industry Protection Act
1985 or its successor legislation and shall mean an employee who grants
admission/entry into an event or venue through either the purchasing/collection
of a ticket or through the presentation of a pre-purchased ticket.
f) "Usher"
shall mean an employee who is not required to be licensed under the Security Industry Protection Act 1985 or
its successor legislation and is employed to advise and direct members of the
general public on their seat allocation.
7. PERIOD OF OPERATION
This Award shall come into operation from the first pay
period beginning on or after 1 July 2001, and remain in force until 30 June
2004.
8. RATES OF PAY AND SKILL
LEVEL DEFINITIONS
a) The rates of
pay in this Award take into account structural efficiency changes and safety
net wage increases resulting form the various State Wage Case decisions, as
well as productivity based working conditions and work practices.
b) The casual
hourly rates contained in Table 1 of this Award include a special loading,
which stands in place of and is intended to compensate for, any entitlement to
annual leave, sick leave, public holidays and long service leave.
c) An employee
shall be engaged under one of the following skill levels and paid as such,
provided that promotion through the structure will be dependent upon the
individual having the appropriate levels of skill and experience, and further,
that a vacant position exists at the higher level to be filled:
Skill level
definitions:
Level 1
Employees at this level work under direct supervision and
perform only routine duties covering simple manual or mechanical tasks. Such employees
must demonstrate effective skills in interpersonal communication, basic
literacy and numeracy and follow Company procedures as directed, eg. Usher,
Admission Officer.
Level 2
Able to perform tasks at Operational Skill Level 1 if and when
required. Employees at this level work
under regular supervision. Such employees must demonstrate skill and competence
in interpersonal communication and customer relations, occupational health and
safety, control of emergency situations and follow Company policy and procedure
as directed.
Without limiting the definition, examples of tasks at this
level include, but are not necessarily restricted to, those performed by:
• Information
Assistant
• Ring
Official
• Scoreboard
Attendant
• Stores
Assistant
• Loader
• Exhibitors
Assistant
• Houseman
• Ride
Assistant
• First-Aid
Attendant.
Level 3
Able to perform tasks at Operational Skill Levels 1 or 2, if
and when required. Works under routine
supervision with intermittent checking, although may exercise some autonomy
when working in a team. Employees at
this skill level must demonstrate skill and competency in problem solving,
interpersonal and customer relations, routine administrative procedures,
security procedures and, where appropriate, cash handling or work as part of a
mixed trades group up to the level of trades assistant.
Without limiting the definition, examples of tasks at this
level include, but are not necessarily restricted to , those performed by:
• Ticket
Sellers
• Guest
Relations Officer
• Wardrobe
Assistant
• Make-up
Assistant
• Retailing
Assistant
• Kiosk
Attendant (excluding food, beverage or catering services)
• Scoreboard
Operator
• Receptionist
• Customer
Attendant/Promotions Character
• Groundsmen's
Assistant
• Exhibitions
technician
• Ride
Operator.
Level 4
Able to perform tasks at Operational Skill Levels 1, 2, 3,
or 4 if and when required. Works under
limited supervision. Additional
competencies and skills include an applied knowledge of the operation and
technical systems up to the level of tradesman for sale, effective and
efficient operation of the person's area of expertise in accordance with
statutory requirements and Company policies and procedures. A trade or other
appropriate formal qualification may be required.
Without limiting the definition, examples of tasks at this
level include, but are not necessarily restricted to, those performed by:
• Booking
Clerk
• Sound/Lighting
Operator
• Projectionist
• Audio-Visual
Technician
• Senior
Exhibitions Technician
• Store
Person
• Camera
Person
• Stage Hand
• Experienced
Office Assistant
• Guide
Level 5
Able to perform appropriate skills at Operational Skill
Levels 1, 2, 3, 4, train and supervise employees under their control and
perform the appropriate administrative and operational functions in accordance
with Company policy and procedures and statutory requirements. Employees at this level work under limited
supervision.
Without limiting the definition, examples of tasks at this
level include, but are not necessarily restricted to , those performed by:
• Assistant
Theatre Manger
• Area
Supervisor (other than security)
• Mechanist
• Office
Supervisor
• Personal
Assistant
Level 6
Within specific areas of technical expertise, provides training,
supervision and technical expertise, and technical direction to employees under
their control. Exercises discretion and
judgement under general direction within parameters established by management.
Without limiting the definition, examples of tasks at this
level include, but are not necessarily restricted to, those performed by:
• Wardrobe
Supervisor
• Head
Mechanist
• Multi-trade
qualified Supervisor
• Post-trade
qualified Operative
• Green
keeper
• Special
Effects Technician
Level 7
Within specific areas of technical expertise. Provides
training supervision and technical direction to employees under their
control. Exercises discretion and
judgement under general direction within parameters established by management.
Without limiting the definition, examples of tasks at this
level include, but are not necessarily restricted to, those performed by:
• Lighting
and Sound Supervisors
• Box
Office/Ticket Selling Supervisor
• Stage
Manager
• Special
Effects Supervisor
• Interpreter/Guest
Host
Level 8
Works under broad guidance consistent with company
objectives. Responsible for the
planning and management of the work of other individuals and teams. Requires
application of advanced management skills to ensure objectives are formulated
and achieved.
A typical function at this level would include:
• Theatre
Manager
• Production
Designer/Manager
• Exhibitions
Supervisor
• Events
Co-ordinator
9. TERMS OF ENGAGEMENT
a) Casual
employees shall be engaged for the following minimum number of hours (to be
worked consecutively):
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Live Entertainment
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3 hours
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Corporate Launches, Social Functions
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2 hours
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Sporting Fixtures, all other occasions
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4 hours
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b) Should a
change in arrangements beyond the Company's control demand, an employee's rostered
shift may be cancelled, provided that if a period of notice of less than four
(4) hours is given the employee shall be paid for half of the appropriate
minimum engagement for the event.
c) Shifts/Engagements
may be shortened once commenced, provided that the employee receives one (1)
hours notice of the Company's intention to so shorten the shift/engagement,
provided always that the employee shall receive no fewer than four (4) hours
pay.
d) An employee
shall be given at least one (1) hours notice by the Company of the intention to
extend the original duration of the shift/engagement. An employee will not be
under an automatic obligation to work beyond their original ceasing time if
they are given less than one hour's notice of the extension.
e) Where
practicable, employees should be advised of the intention to engage them and
the number of hours involved in the engagement, five (5) clear days in advance.
f) The Company
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training, provided that such duties are not
designed to promote de-skilling.
g) Despite any
other provision of this Award, the Company is not required to pay wages to an
employee for any day on which that employee cannot be usefully employed because
of:
i) Any strike;
ii) Any breakdown
of machinery; or
iii) Any stoppage
of work for which the Company is not responsible.
h) Notwithstanding
sub clause (a) above, an employee shall be paid a minimum of two hours attendance
at mandatory training sessions conducted by the Company or it's Agents.
10. MEAL BREAKS AND
ALLOWANCES
a) All casual
employees who work for more than five (5) consecutive hours will be entitled to
an unpaid meal break of 30 minutes duration, a maximum of 15 minutes of which
has been allowed for movement to and from the lunch room, to be taken according
to the needs of the operation before six (6) hours have elapsed. However, an
employee who works a shift of less than eight hours may elect not to take the
meal break.
After each subsequent four (4) hour period from the
time of the first entitlement, the employee will be given a further meal break
under similar conditions.
b) Employees who
are required to work through a meal break will be paid at the rate of double
time for the period when the meal break would have been taken.
11. PAYMENT OF WAGES
a) All moneys
payable to employees will be paid on Thursday of each week by electronic funds
transfer, into an account of the employee's nomination.
b) For each pay
period, the employee will be supplied with a written statement showing how the
pay has been made up and including details of any deductions.
12. FIRST-AID ALLOWANCE AND
LAUNDRY ALLOWANCE
a) An employee
who holds an appropriate first-aid certificate and who is appointed by the
Company to perform first-aid duties in addition to ordinary work, will be paid
an allowance per day as set out in Item 1 of Table 2 - Other Rates and
Allowances, of Part B - Monetary Rates, in addition to the wage rate as set out
in Table 1 - Rates of Pay, of the said Part B.
b) Where an
employee is provided by the Company with a full Company uniform (including as a
minimum, trousers and a shirt) and is required by the Company to maintain that
uniform, the Company shall pay the employee an allowance per day as set out in
Item 2 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates, in
addition to the wage rates as set out in Table 1 - Rates of Pay, of said Part
B.
13. AMENITIES
The Company, where practicable, will provide or arrange to
provide facilities for employees to change clothing and a suitable facility for
meals, equipped with food heating and tea making facilities.
14. DISCIPLINARY PROCEDURE
a) Warnings may be
issued by the supervisor of the employee concerned when, in the supervisor's
opinion, the employee's behaviour is deemed unacceptable. A written warning
should only be issued after the employee has been warned verbally on previous
occasions, unless the offence is of a particularly serious nature.
b) The
establishment of a warning system will not preclude the right of the Company to
dismiss an employee without the issue of a written warning,
c) The basis of
the three (3) warning system is as follows:
i) An employee
whose conduct is deemed unsatisfactory by the supervisor may be given a first
written warning.
ii) Should no
improvement be forthcoming, then a second warning may be issued.
iii) A third, and
final, warning can be issued if there has been no improvement. If no
improvement occurs after the issuing of a final warning then the employee is
liable to dismissal.
iv) Each warning
will remain in force, individually, for two (2) years. An employee issued with
a second or final warning will revert back to a first or second warning
respectively after the expiration of two (2) years. This allows an employee to
improve behaviour.
v) All written
warnings are to be given in the presence of the employee's nominated
representative, if the employee so desires.
15. SUPERANNUATION
The subject of superannuation contributions is dealt with
extensively by legislation including the Superannuation
Guarantee (Administration) Act, 1992, the Superannuation Guarantee Charge Act, 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints)
Act 1993. The legislation, as varied from time to time, governs the
superannuation rights and obligations of the parties.
The employer shall contribute to the Fund in accordance with
the legislation.
The employer shall be a participating employer in the
Australian Public Superannuation (APS) Fund and shall participate in accordance
with the Trust Deed of that fund.
NOTATION: Employer contributions
under relevant legislation are set at 7% until 30 June 2000, when they increase
to 8% and a final adjustment of 9% from 1 July 2002.
16. MULTI-HIRING
Employees may be separately engaged as a casual employee
(whether they hold weekly positions or not) for duties in a separate section of
the Company's operations covered by this Award from that in which the employee
engages in their employment. For the purpose of this clause, a
"section" shall mean a discrete work location other then the employees'
usual work location, or alternatively, may mean a discrete set of duties other
than the employees' usual duties, provided such duties are not wholly or
substantially performed in the employees usual work location, and shall not
apply to work where overtime would normally be performed.
The arrangements entered into under this clause shall be
mutually agreed and recorded in writing at the time.
17. DISPUTES PROCEDURE
a) The following
procedure will be followed in dealing with any dispute arising out of the
operation of this Award or any matter relating to the employment of personnel
covered by this Award:
i) The employee
or employees concerned will discuss the matter with the immediate supervisor or
appropriate manager in the presence of the union delegate if the employee(s) so
wish(es).
ii) If the matter
is not resolved, it will be brought to the attention of the Project Manager who
will attempt to settle the matter by consultation.
iii) If the matter
remains unresolved, and the employee so wishes, the Secretary of the Australian
Workers' Union, New South Wales Branch (or the Secretary's representative) will
be advised, and further discussions will be held in an attempt to settle the
matter.
iv) If the above
steps are unsuccessful, the matter will be referred to the Industrial Relations
Commission of New South Wales for resolution.
v) While the
above procedures are being followed, all work will continue normally. If there
is a bona fide risk to the safety of employees, they will be moved to another part
of the work place where there is no risk.
18. ROLE OF THE UNION
a) Union
Commitment
The union commits itself to promote a harmonious and
productive workplace environment in which employees are committed to the
organisation. Every effort will be made
to ensure that the dispute settlement procedures are followed and industrial
disruption is avoided.
In recognition of this, the following procedure will be
implemented:
i) Attendance
at the work site
Properly accredited officials of the union shall have
the right, subject to security arrangements, to enter the work site to observe
the performance of work and to talk to employees.
ii) Union/Company
cooperation.
To facilitate union membership the Company will:
(1) Provide
payroll deduction services for union fees. Such fees shall be remitted to the
union on a monthly/fortnightly basis with enough information supplied to enable
the union to carry out a reconciliation;
(2) Supply all
employees with an application form to join the union at the same time as
employees are provided with their taxation declaration form. The Company will
encourage each employee to return the form before the employee's first pay;
(3) Provide the
union with access to talk to all new employees at all induction or appropriate
training courses. In this regard, the Company will organise such access for the
union in a way which is conducive to the union being able to give a
presentation to as small a group as practicable;
(4) Ensure that
all supervisors are trained in the provisions of the Award, and the employer's
policy on union membership;
(5) Notwithstanding
the above, where an employee indicates they have an objection to joining the
union, the Company shall advise the union of this within 2 weeks. The union
shall then be provided with appropriate access to this employee to further
promote the benefits of union membership.
iii) Role of the
union delegate.
(1) For the
purpose of the union conducting their business on a day to day basis, the
Company will recognise duly elected/appointed union delegates.
(2) Union
delegates will be allowed reasonable time during working hours to interview the
Company or the Company's representatives on matters affecting employees.
(3) Union delegates
will be allowed reasonable time during working hours to discuss with individual
union members any matters pertaining to their work.
(4) Union
delegates will be allowed to meet with their union official(s) to discuss
issues, which may need to be progressed either in a consultative committee or
via the dispute settling procedure. Such meetings whilst in paid time will be
determined following consultation with the employer.
(5) Accredited union
delegates shall be entitled to be paid to attend union sponsored training
courses up to a maximum of 24 hours in the aggregate in each calendar year.
iv) Payment of
union dues
At the written request of the employee, the Company
will deduct union membership fees from the pay of an employee to be forwarded
to the union on a monthly basis.
v) For the
purpose of interviewing employees on legitimate union business, a duly
accredited representative of the union shall have the right to enter employer's
premises during the mid shift meal break on the following conditions:
(1) That he or she
produces his/her authority to the Company's nominee(s);
(2) That he or she
interviews employees at places where they are taking their meal or at such
other place as is mutually agreed;
(3) That if any of
the Company's nominees alleges that a representative is unduly interfering with
his work, or is creating dissatisfaction amongst his employees, or is offensive
in his methods, or is committing a breach of any previous conditions, the
Company may refuse the right of entry, but the representative shall have the
right to bring such refusal before the Commission.
Provided that where certain employees
are working under a system of shift work which precludes a representative from
interviewing them during the mid day meal break, the representative shall have
the right to enter the employer's premises, for the purpose of interviewing
such employees, at such time and under such conditions as to notice as may be
mutually arranged by the representative and the Company management or, failing
agreement, at such times and under such conditions as the Commission may
decide.
vi) Investigating
Complaints
For the purpose of investigating complaints concerning
the application of this Award, a duly accredited union representative shall be
afforded reasonable facilities for entering an employer's workshop or plant
during working hours, subject to the following conditions:
(1) That he or she
discloses to the Company's nominees the complaint which he desires to
investigate;
(2) That he or she
makes his/her investigations in the presence of the Company's nominee(s);
(3) That he or she
does not interfere with work proceeding in the workshop or plant;
(4) That he or she
conducts himself/herself properly.
19. 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 alternative rehabilitation
provider.
PART B
MONETARY RATES
TABLE 1 - RATES OF PAY
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HOURLY RATES
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SKILL LEVEL
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From:
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1/7/2001
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1/12/01
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1/12/02
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1/12/03
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1
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$14.15
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$14.30
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$14.70
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$15.15
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2
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$14.80
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$14.95
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$15.35
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$15.80
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3
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$15.65
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$15.80
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$16.25
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$16.75
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4
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$16.55
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$16.70
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$17.15
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$17.65
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5
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$17.65
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$17.85
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$18.35
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$18.90
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6
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$20.05
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$20.25
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$20.80
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$21.40
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7
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$24.75
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$25.00
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$25.70
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$26.50
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8
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$29.65
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$29.95
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$30.80
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$31.70
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TABLE 2 - OTHER RATES AND ALLOWANCES
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ITEM NO
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CLAUSE NO
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AS AT 1/7/01
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AS AT 1/12/03
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1
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12 First-Aid
Allowance
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$2.45 per day
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$2.60 per day
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2
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12 Laundry
Allowance
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$2.55 per day
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$2.80 per day
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R. J. PETERSON J.
____________________
Printed by the authority of the Industrial Registrar.