(1148)

SERIAL C10055

Crown Employees (Department of Planning and Environment) Sydney Olympic Park Authority Managed Sports Venues Award 2024

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Industrial Relations Secretary.

(Case No. 243271 of 2024)

Before The Honourable Justice Chin, Vice President

19 September 2025

AWARD

Arrangement

PART A

Clause No. Subject Matter

1. Title

2. Parties and Definitions

3. Intention

4. Rates of Pay

5. Classification Levels

6. Income Protection Plan

7. Hours of Work

8. Full-Time, Part-Time, Temporary and Casual Employees

9. Higher Duties

10. Meal Breaks

11. Overtime

12. Public Holidays

13. Sick Leave

14. Personal Carer’s Leave

15. Bereavement Leave

16. Parental Leave

17. Leave related to miscarriage and fertility treatment18. Domestic and Family Violence Leave

19. Leave for employees providing support to people experiencing domestic and family violence

20. Terms of Engagement

21. Training Wage

22. Payment of Wages

23. Annual Leave and Annual Leave Loading

24. Long Service Leave

25. Consultation and Union Access

26. Labour Flexibility

27. Uniforms and Protective Clothing

28. Tools and Equipment

29. Change Rooms

30. Redundancy

31. Major Interruption to Operations

32. Grievance and Dispute Resolution Procedures

33. Secure Employment

34. Work Health and Safety

35. No Extra Claims

36. Anti-Discrimination

37. Area, Incidence and Duration

PART B

Table 1 - Rates of Pay for Full Time Classifications under subclause 5.1

Table 2 - Hourly Rates of Pay for Casual Employees under subclause 5.2

Table 3 - Hourly Rates of Pay for Quaycentre Casual Event Staff Employees under subclause 5.3

Table 4 - Rates of Pay for full time classifications under subclause 5.4

Table 5 - Other Rates and Allowances for Classifications under subclause 5.4

PART A

1. Title

This Award will be known as the Crown Employees (Department of Planning and Environment) Sydney Olympic Park Authority Managed Sports Venues Award 2024.

2. Parties and Definitions

2.1 This award has been made between the following parties:

Industrial Relations Secretary

Department of Planning, Housing and Infrastructure

The Australian Workers’ Union, New South Wales ("the AWU").

2.2 Industrial Relations Secretary means the person within the meaning of the Government Sector Employment Act 2013, who is for the purposes of any proceedings relating to Public Service employees held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of public service employees.

2.3 Employee means a person employed by the Government of NSW in the service of the Crown under Division 1, Part 4 of the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority, Department of Planning and Environment at the Aquatic, Athletic and Archery Centres or Satellite Sports Venues, or as a casual event staff employee or gymnastics program employee at the Quaycentre, in the classifications prescribed by this Award.

3. Intention

3.1 The principal intentions of this award are:

(i) To promote harmonious industrial relations for the Sydney Olympic Park Aquatic, Athletics, and Archery Centres, Satellite Sports Venues and Quaycentre;

(ii) To maximise standards of service to the public and centres users, measured against those applying in the leisure and recreation industry nationally and internationally; and

(iii) To provide a multi-skilled workforce.

4. Rates of Pay

4.1 The minimum rates of pay for full time employees at the Aquatic, Athletics and Archery Centres and Satellite Sports Venues, employed in the classifications set out in subclause 5.1 of this award are contained in Table 1 of Part B of this award. A 30% penalty rate loading will be paid for hours worked on Saturday and 60% penalty rate loading for hours worked on Sunday as set out in Tables 2 and 3 in Part B.

4.2 A casual employee at the Aquatic, Athletics, and Archery Centres or Satellite Sports Venues, employed in the classifications set out in subclause 5.2, will be paid the appropriate hourly rate as set out in Table 2 of Part B

4.3 A casual event staff employee at the Quaycentre, employed in the classifications set out in subclause 5.3, will be paid the appropriate hourly rate as set out in Table 3 of Part B

4.4 The minimum rates of pay for full time gymnastics program employees employed in the classifications set out in subclause 5.4 are set out in Table 4 of Part B.

4.4.1 Junior Rates - A junior employee engaged at level 1, 2 or 3 in the classifications set out in subclause 5.4 will be paid at the following for that level:

Percentage of Appropriate Adult Rate	%
At sixteen years and under	55
At seventeen years	65
At eighteen years	75
At nineteen years	85
At twenty years	100

Provided that employees who hold recognised industry-wide qualifications and are required to act upon them at 18 years or older with at least 12 months experience will be paid the full adult rate of pay.

4.5 A casual employed in the classifications set out in subclause 5.4 will be paid either on an ordinary or ‘all-up’ basis as detailed below

(i) Ordinary Casual - An ordinary casual will be paid 1/38 of the appropriate weekly rate provided for in Table 4 of Part B plus:

(a) a 15 per cent loading (except when Saturday, Sunday, public holiday or night work penalties are paid); and

(b) the equivalent of one‑twelfth of the ordinary hourly rate of pay for a full-time employee for each hour worked.

An ordinary casual employee will be paid for a minimum engagement of three hours.

(ii) All-up Casual - An all-up casual will be paid 1/38 of the appropriate weekly rate provided for in Table 4 of Part B plus a loading of 30 per cent for each hour worked.

This 30 per cent loading includes loadings applicable under this award for all work from Monday to Saturday including at night and increases to 60% for all work on Sundays and public holidays.

An all up casual employee will be paid for a minimum engagement of one hour.

4.6 Supervisory Loadings - an employee employed in the classifications set out in subclause 5.4 who is assigned by an employer to supervise other employees will be paid, in addition to the rates of pay prescribed in subclause 4.4 and 4.5 of this clause, the following amount per week specified in Table 5 - Other Rates and Allowances, of Part B as follows:

(a) In charge of up to 5 employees - Item 1;

(b) In charge of 6 and up to 10 employees - Item 2;

(d) or pro rata amount per engagement for part‑time and casual employees

4.7 An employee employed in the classifications set out in subclause 5.4 who is assigned by an employer to perform first aid duties and who holds a first aid certificate will be paid, an additional amount per week, or per shift, as set out in Item 4 of Table 5 - Other Rates and Allowances, of Part B.

4.8 A part-time or fulltime employee employed in the classifications set out in subclause 5.4 who is required to work more than one shift on any day will be paid the additional allowance per day, as set out in Item 5 of Table 5 - Other Rates and Allowances, of Part B.

4.9 A 30% penalty rate loading will be paid when required to work on Saturday and 60% penalty rate loading when required to work on Sunday.

5. Classification Levels

5.1 Classifications (Skill/Definitions) for full-time and part-time employees at the Aquatic, Athletic and Archery Centres and Satellite Sports Venues:

5.1.1 Level 1

Means 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.

(a) An employee at this level will be able to:

Communicate with the public in a courteous and tactful manner.

(b) Indicative of some of the tasks which an employee at this level may perform are:

Exercises basic keyboard skills;

General Attendant/Cashier duties which includes basic clerical, office assistance, kiosk duties involving customer turnover and cash handling, taking of bookings and tickets and general assistance in the day-to-day activities of the operation;

Maintains simple records;

Assists with administration of the Swim School Program;

Is directly employed as Car Park Attendant, Usher or Door Attendant who is engaged in a non-security capacity;

Receives, despatches, distributes, sorts, checks, documents, orders and records of goods and/or materials;

Is employed as a General Hand;

Assists in basic food preparation. Assists in taking orders and maintaining cleanliness of customer space and service areas. Serves basic foods and beverages; and

Undertakes duties peripheral and ancillary to the above as required.

(c) Progression to Level II will be dependent upon availability of role and successful application through comparative assessment.

5.1.2 Level 2

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

(a) An employee at this level:

Assists with the provision of on-the-job training to a limited degree;

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

Exercises Intermediate keyboard skills with instructions;

Works in a team environment under routine supervision;

Where appropriate, holds and maintains life saving and first aid qualifications recognised as being appropriate for the safe and effective conduct of duties involving public and employee health and safety;

Works from instructions or procedures;

Has an understanding of general office procedures;

Co-ordinates duties under the direction of a Level III employee;

Provides general supervision of and assistance to Level I employees; and

Is capable of and may perform Level 1 duties.

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

Takes classes and directs leisure activities;

Supervises public swimming;

Attends to health and safety of the public;

Sells programs/tickets and gives change;

Co-ordinates events and bookings;

Undertakes receptionist duties;

Undertakes office administrative duties;

Attends to equipment and displays e.g. pool attendant;

Safeguards individuals e.g. childcare attendants;

Undertakes cooking duties associated with basic foods e.g. snacks and grills. Takes orders and maintains cleanliness of customer space and service areas. Serves foods and beverages.

(c) Progression to Level III will be dependent upon availability of role and successful application through comparative assessment.

5.1.3 Level 3

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

(a) An employee at this level:

Assists in the provision of on-the-job training where applicable;

Exercises discretion within one’s own level of skill and training;

Takes responsibility for the quality of one’s work (subject to routine supervision);

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

Is capable of and may perform the Level II and level I duties.

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

Is employed as a Gym Exercise Specialist;

Co-ordinates Swim School, Customer Services, Tours and Health and Fitness Activities;

Maintains machinery, plant and technical equipment;

Undertakes secretarial duties;

In the absence of line supervisors, acts in an appropriate way to supervise the work areas to ensure delivery of services;

Undertakes general cooking duties and assists with specialist cooking duties. Performs higher level waiting and customer service duties.

(c) Progression to Level IV will be dependent upon availability of role and successful application through comparative assessment.

5.1.4 Level 4

Means an employee who is subject to broad guidance or direction and would report to more senior staff as required.

An employee at this level would have worked or studied in a relevant field and/or have specialist knowledge, qualifications and experience sufficient to enable them to advise on a range of activities and features and contribute, as required, to the determination of objectives, within their delegated area of supervision.

(a) An employee at this level:

Takes responsibility for ensuring the quality of their own work and exercises initiative, discretion and judgement at times in the performance of their duties;

Is directly responsible to the appropriate manager for the section or area of operation;

Assists with the management of the section or area of operation;

Has the delegated responsibility for the work under their control or supervision in terms of, inter alia, allocation of duties, co-ordinating workflows, checking progress, quality of work and resolving problems, as well as counselling staff for performance and work related problems where required;

Trains employees at Level III, II and I as required;

Is capable of and may perform the Level III, Level II and Level I duties.

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

Supervises Pool Attendants;

Supervises Athletic Centre employees;

Supervises Aquatic Centre employees;

Supervises Archery Centre Employees

Supervises Satellite Sports Venues employees

Supervises administrative and accounting operations;

Supervises information technology;

Supervises daily activities and operation of health and fitness activities;

Supervises maintenance employees;

Supervises café and concessions staff and operations

Undertakes specialist and higher level/more complex cooking duties and provides specialist input and advice into menu content and function operations.

5.2 Classifications (Skill/Definitions) for casual employees at the Aquatic, Athletic and Archery Centres:

5.2.1 Casual Level A

Means an employee with no qualifications 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.

(a) An employee at this level will be able to:

Communicate with the public in a courteous and tactful manner.

(b) Indicative of some of the tasks which an employee at this level may perform are:

Is employed as a Car Park Attendant;

Is employed as a Tour Guide;

Undertakes clerical duties including exercising basic keyboard skills, office assistance and maintenance of simple records;

Assists with the administration of the Swim School programme;

Receives, despatches, distributes, sorts, checks, documents, orders and records goods and/or materials;

Is employed as General Hand;

Assists in basic food preparation. Assists in taking orders and maintaining cleanliness of customer space and service areas. Serves basic foods and beverages.

Duties peripheral and ancillary to the above as required.

5.2.2 Casual Level B

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

(a) An employee at this level:

Assists with the provision of on-the-job training to a limited degree;

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

Exercises intermediate keyboard skills with instructions;

Works in a team environment under routine supervision;

Where appropriate holds and maintains lifesaving and first aid qualifications recognised as being appropriate for the safe and effective conduct of duties involving public and employee health and safety;

Works from instructions or procedures;

Has an understanding of general office procedures;

Co-ordinates duties under the direction of a Level III employee;

Provides general supervision and assistance of Level A employees; and

Is capable of and may perform duties of a Level A - casual employee.

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

Is employed as a cashier involved in kiosk duties including customer turnover and cash handling, taking of bookings and tickets and assists generally in the day-to-day activities of the operation;

Takes classes and directs leisure activities;

Supervises public swimming;

Attends to health and safety of the public;

Sells programmes/tickets and gives change;

Co-ordinates events and bookings;

Undertakes receptionist duties;

Undertakes office administrative duties;

Attends to equipment and displays e.g., pool attendant, athletic track attendants; archery attendant.

Safeguards individuals e.g. childcare attendants.

Undertakes cooking duties associated with basic foods e.g. snacks and grills. Takes orders and maintains cleanliness of customer space and service areas. Serves foods and beverages.

5.2.3 Casual Level C

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

(a) An employee at this level:

Assists in the provision of on-the-job training where applicable;

Exercises discretion within one’s own level of skill and training;

Takes responsibility for the quality of one’s work (subject to routine supervision);

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

Is capable of and may perform Level A and Level B duties.

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

Is employed as Gym Exercise Specialist;

Is employed as Head Coach;

Undertakes general cooking duties and assists with specialist cooking duties. Performs higher level waiting and customer service duties.

In the absence of Line Supervisors, acts in an appropriate way to supervise the work Areas to ensure delivery of services.

5.3 Classifications (Skill/Definitions) for casual event staff employees at the Quaycentre:

5.3.1 Level 1

(a) An employee at this level:

Has no qualifications and performs duties of a routine nature, requiring the use of minimum judgement and supervision.

Includes the initial recruit who may have limited relevant experience.

Communicates with the public in a courteous and tactful manner.

Works under close supervision and undergoes on-the-job training,

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

would perform the function of car parking attendant, door attendant, door attendant or usher cashier (including basic clerical and office duties including answering the phone).

Upon completion of 400 hours of employment at Level 1, an employee will be reclassified to Level 2.

5.3.2 Level 2

(a) An employee at this level:

Has undertaken structured training recognised by the Centre's management as being relevant; or

Completed 400 hours employment at the level required of a Level 1 operative or equivalent work within the leisure and recreation or venue management sector.

works in a team environment under routine supervision and assists with the provision of on-the-job training to a limited degree.

Where appropriate, holds and maintain first-aid qualifications recognised as being in accord with the safe and effective conduct of duties involving public and employee health and safety.

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

Program selling/merchandise selling;

Processing ticket sales and bookings;

Conduct tours of the Centre or associated facilities;

Supervise uniform room.

5.3.3 Level 3

(a) An employee at this level:

exercises discretion within one's own level of skill and training and has delegated responsibility for work under their control or supervision in terms of allocation of duties, co-ordinating workflows, checking progress, quality of work and resolving problems, as well as counselling staff for performance and work-related problems where required.

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

trains new employees at Levels 1 and 2 and supervises a discrete section or group;

acts as an assistant theatre manager or event co-ordinator/client liaison, audio visual technician.

5.3.4 Level 4

(a) An employee at this level:

is subject to broad guidance or direction,

reports to more senior staff as required.

would have worked or studied in a relevant field and/or have specialist knowledge, qualifications and experience sufficient to enable them to advise on a range of activities and features and contribute, as required, to the determination of objectives, within their delegated area of supervision, including box office management, theatre craft, event management, publicity and promotion.

5.4 Classifications (Skill/Definitions) for gymnastics program employees at the Quaycentre:

5.4.1 Level 1

(a) An employee at this level:

is an employee who is undertaking training which may include information on the employer’s business, conditions of employment, introduction of supervisors and fellow workers, training and career path opportunities, occupational health and safety, equity, and quality assurance.

An employee at this level performs routine duties essentially to the level of his/her training:

exercises minimal judgement;

works under direct supervision;

(b) whilst undertaking structured training/learning the employee may be engaged in one or more of the following duties:

- undertakes basic safety checks of equipment and the floor area;

- provides gymnastic instruction to classes by following programmed lessons/activities;

- judges gymnastic performance for Industry Levels 1-3;

- undertakes set-ups and pull-downs, under supervision;

- prepares participant injury reports.

5.4.2 Level 2

(a) An employee at this level:

has completed the Industry recognised level of training so as to enable him/her to perform work within the scope of this level. An employee at this level performs work above and beyond the skills of an employee at Level 1 and to the level of his/her training.

works from instructions or procedures and works under direct supervision either individually or in a team environment.

(b) is primarily engaged in one or more of the following duties:

- instructs classes up to Industry Level 3;

- develops lower level gymnastics programs/lessons;

- judges gymnastic performance for Industry Levels 1-6;

- attends external basic competitions with program participants;

- undertakes set ups and pull downs.

5.4.3 Level 3

(a) An employee at this level:

has completed structured training recognised by the industry as relevant and appropriate to perform within the scope of this level.

is responsible for the quality of their own work subject to routine supervision either individually or in a team environment;

exercises discretion within their level of skills and training;

assists in the provision of on-the-job training of employees at Levels 2 and 1 where applicable.

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

- instructs classes up to Industry Level 6;

- judges gymnastic performance for Industry Levels 1-6

- develops gymnastics programs/lessons of an intermediate nature;

- attends external higher level competitions with program participants;

- certifies completion of safety checks for equipment and the floor area;

- Undertakes set ups and pull downs;

- discusses routine participant issues with parents.

5.4.4 Level 4

(a) An employee at this level:

Must be capable of performing the indicative skills of a Level 3 employee and must also be able to work from complex instructions:

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

- instructs classes up to Industry Level 10;

- coordinates activities across the gymnastics floor area.

- supervises set up and pull downs;

- assesses participant ability for progression and competition participation.

5.4.5 Level 5

(a) An employee at this level:

has an Advanced Industry qualification and is competent to perform work within the scope of this level.

An employee at this level is responsible for supervision, training and co-ordination of employees within their respective work area to ensure delivery of service.

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

- Instructs advanced and elite program classes;

- organises competition entry;

- develops gymnastics programs/lessons of an advanced and elite nature;

- makes decisions on participants’ progression;

- works with Levels 1 to 4 to address/correct participant technique/capability/progression issues;

- discusses program and participant matters with parents;

5.4.6 Level 6

(a) An employee at this level:

is engaged in supervising, training and co-ordinating staff and is responsible for the maintenance of service and operational standards and exercises substantial responsibility and independent initiative and judgement with a requisite knowledge of their specific field and of the employer’s business.

would hold formal technical qualifications relevant to the employer which are required by the employer to perform the job, and

would have worked in a relevant field and have specialist knowledge and experience, sufficient for them to give advice and/or guidance to their organisation and/or clients in relation to specific areas of their responsibility.

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

- general supervision of gymnastics centre and program;

- Instruct elite program classes;

- develop gymnastics programs/lessons of an elite nature;

- centre administration involving supervision of staff and systems and co-ordinating competitions;

- develops in-house training programs for instructors

- prepares reports for management on program performance and program initiatives,

- discusses a broad range of program/participant matters with parents.

- may represent the program or centre in external forums where requested and approved.

6. Income Protection Plan

6.1 All full-time, part-time and casual employees at the Aquatic, Athletic and Archery Centres, and Satellite Sports Venues who are members of the AWU to whom this award applies will be covered by the Sickness and Accident Income Protection Plan approved and endorsed by the AWU (provided by Chifley Financial Services). It is a term of this award that the employer will bear the costs of 1.55% of gross weekly pay per week per member towards providing income protection with a maximum payment of $4.55 per week for casuals.

6.2 All Quaycentre casual event staff and gymnastic program employees employed in classifications provided in Clause 5 who are members of the union to whom this award applies will be covered by the Sickness and Accident Income Protection Plan approved and endorsed by The Australian Workers' Union. It is a term of this award that the employer will bear the costs of a daily premium of $1.00 per employee per day worked to cover employees who are members of the union

7. Hours of Work

7.1 The Hours of Work for Aquatic, Athletic and Archery Centres’, Satellite Sports Venues and Gymnastics Program employees at the Quaycentre (excepting gymnastic program casual staff) are those outlined at subclauses 7.2 to 7.5 below. Hours of Work for Quaycentre casual event staff employees are outlined at clause 7.6. Hours of Work for Quaycentre casual gymnastic program employees are outlined at subclause 7.7.

7.2 The ordinary hours of work, exclusive of mealtimes, will not exceed an average of 38 hours per week, between the hours of 4.30 am and 11.00 pm. The ordinary hours of work may be extended to 2.00 am to cover special events, provided that management gives all employees involved seven clear days' notice of the extension of ordinary hours, or upon agreement between the employer and employee.

7.3 The employer will arrange the working of the thirty-eight hour week in one of the following ways:

7.3.1 by employees working less than eight hours per day;

7.3.2 by employees working less than eight hours on one or more days in each week; or

7.3.3 by working up to ten hours on one or more days in the week.

7.4 Employees other than maintenance employees, pool attendants, and those employees employed in the gym will be entitled to receive 4 sets of 2 consecutive days off in each 28 day period.

7.5 Notwithstanding the provision of subclause 7.1 & 7.3 the employer and employee may agree to change the rostered time of ordinary hours by one week’s notice or with the consent of the employee at any time.

7.6 The ordinary hours of work for Quaycentre casual event staff employees will be rostered, between the hours of 7.00 am and 11.30 pm. The ordinary hours of work may be extended to 2.00 am to cover special events, provided that management gives all employees involved 7 clear days' notice of the extension of ordinary hours, or upon agreement between the employer and employee.

7.7 The ordinary hours of work for Quaycentre gymnastics program casual employees will be up to 8 hours on any shift

7.8 All ordinary work by a gymnastics program employee, including an ordinary casual, on a Saturday will be paid at the ordinary time classification rate of pay plus a penalty equal to 30 per cent of the employee’s ordinary time classification rate of pay. All ordinary work by a gymnastics program employee, including an ordinary casual on a Sunday will be paid at the ordinary time classification rate of pay plus a penalty equal to 60 per cent of the employee’s ordinary time classification rate of pay.

8. Full-Time, Part-Time, Temporary and Casual Employees

8.1 An employee at the Aquatic, Athletic or Archery Centres or the Satellite Sports Venues, or an employee at the Quaycentre engaged in a classification under subclause 5.4 will be engaged as either a full-time, part-time, temporary or casual employee. Quaycentre event staff engaged under this Award will be engaged as casual employees.

8.2 A full-time employee is an employee who is engaged to work an average 38 hours per week.

8.3 A part-time employee is an employee engaged to work a minimum of 10 hours work per week. A part-time employee will receive sick leave, annual leave and long service leave on a pro rata basis.

8.4 A casual employee is an employee engaged and paid as such. A casual employee at the Aquatic, Athletic and Archery Centres or Satellite Sports Venues will be paid the appropriate hourly rate as set out in Table 2 of Part B. A casual event staff employee at the Quaycentre will be paid the hourly rate as set out in Table 3 of Part B. A casual employee at the Quaycentre engaged in a classification under Clause 5.4 will be paid either on an ordinary or ‘all-up’ basis as set out in subclause 4.5.

8.5 The casual hourly rate contained in this award, contains a component in lieu of any entitlement to sick leave, paid bereavement leave, paid personal carer’s leave, annual leave and annual leave loading.

8.6 A casual employee, except as provided for in subclauses 8.7 and 4.5 (ii) will receive a minimum payment of 3 hours for each engagement.

8.7 Casual employees involved in the presentation or conducting of sports, games and training e.g. instructors, will receive a minimum payment of one hour, except those so engaged at the Sydney Athletic Centre, and casual event staff at the Quaycentre engaged in a classification under subclause 5.3, who will receive a minimum payment of 3 hours.

8.8 Casual rosters may be changed by management provided that shifts are not shortened to less than the minimums referred to in 8.7.

8.9 A temporary employee is an employee who is employed on a full-time or part-time basis for a fixed period. An employee who is engaged on this basis will be notified in writing of the dates on which their engagement will commence and cease. The commencing and ceasing dates may be varied by agreement subject to the provisions of the Government Sector Employment Act 2013, Government Sector Employment Regulation 2014 and the Government Sector Employment (General) Rules 2014.

9. Higher Duties

9.1 An employee required to perform the entire function of a role attracting a higher level under the award will, on each occasion, be paid the entire difference between their own salary and the salary of the higher role on the fifth and subsequent days of acting up to the higher role.

9.2 The parties to the Award agree that employees required to be in charge of the Pool Deck (that is employees who are rostered on to open and close the Aquatic Centre) will at all times be paid at Level 3 or above.

10. Meal Breaks

10.1 The provisions of subclauses 10.2 to 10.6 apply to employees of the Aquatic, Athletic and Archery Centres and Satellite Sports Venues

10.2 Employees will be entitled to an unpaid meal break of 30 minutes which will be taken no more than five hours after commencing duty.

10.3 Employees working more than six hours per day (excluding breaks) will also be entitled to two paid ten minutes rest breaks either side of the unpaid meal break.

10.4 The employer and employee will determine the time at which a rest break will be taken.

10.5 Where an employee is required to work in excess of ten ordinary hours, discussions will occur between the employee and his/her supervisor as to whether an additional unpaid meal break of 30 minutes is warranted and if so, the time at which that meal break should be taken.

10.6 Staff engaged as casual pool attendants will be given a paid break of 10 minutes within three hours of commencing duty, with a further paid break of ten minutes should work be required after six hours, in lieu of the provisions outlined in subclause 10.2 above.

10.7 Quaycentre casual event staff employees who are required to work on any shift for more than 5 hours will be entitled to a paid meal break of 30 minutes which should be taken no more than 5 hours after commencing duty.

10.8 Quaycentre gymnastics program employees will be entitled to an unpaid meal break of not less than 30 minutes and not more than one hour not more than 5 hours after commencing duty.

10.9 Notwithstanding the provisions of subclause 10.1 and 10.8 the employer and employee can determine the appropriate time to take a meal break by mutual agreement.

11. Overtime

11.1 The provisions of subclauses 11.2 to 11.6 apply to employees of the Aquatic, Athletic and Archery Centres, Satellite Sports Venues and Gymnastic Program staff at the Quaycentre, excluding casual gymnastic program employees.

11.2 All time worked in excess of an average of thirty-eight hours in any one week outside the spread of hours prescribed in subclause 7.1 of this award or in excess of ten hours in one day will be paid as overtime or given as time off in lieu.

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

11.4 By mutual agreement, excess hours will be paid as overtime or taken off, as time off in lieu. Time off in lieu will be at the overtime rate of time and a half for the first two hours and double time thereafter. This means each excess hours worked will entitle an employee to either one and a half or two hours as time off in lieu. All accrued time off in lieu will be taken two 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.

11.5 Where it is impracticable for the excess hours to be taken off as time off in lieu, it will be paid for at the rate of time and one half for the first two hours and double time thereafter for overtime worked Monday to Saturday. All overtime worked on a Sunday will be paid at double time.

11.6 An employee (other than a casual employee) who works so many excess hours 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 ten (10) consecutive hours off duty between those times, will be released after the completion of such overtime until ten (10) consecutive hours has been allowed without loss of pay for ordinary working time occurring during such absence.

11.7 Overtime will be paid to Quaycentre casual event staff employees where:

(a) the hours of work exceed 10 in any day;

(b) the hours of work extend beyond the time limits specified in subclause 7.6,

11.8 Overtime for Quaycentre casual event staff employees will be paid on the hourly rates contained in Table 3 of Part B, based on time and one half for the first 2 hours and double time for each hour worked thereafter calculated to the nearest quarter hour for overtime worked Monday to Saturday. All overtime worked on a Sunday will be paid at double time.

11.9 Overtime for casual gymnastic program staff will be paid on the loaded casual rate (i.e. 15 per cent or 30 per cent) based on time and one half for the first 2 hours and double time for each hour worked in excess of 8 hours, calculated to the nearest quarter hour for overtime worked Monday to Saturday. All overtime worked on a Sunday will be paid at double time.

12. Public Holidays

12.1 The days on which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day or any additional public holidays or substituted public holidays proclaimed for the State of New South Wales under the Public Holidays Act 2010, will be holidays and no deduction will be made in respect of such holidays from the wages due to any employee (except casuals) for the week in which such holiday or holidays occur.

12.2 Provided that the abovementioned holiday may be substituted for another day off by agreement between the employer and employee(s) to be taken within one (1) month of the said holiday or adjacent to a period of annual leave.

12.3 Any fulltime or part-time employee, including a temporary employee, who is required to work on a public holiday will 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. Casual employees (but not including Quaycentre casual event staff employees) who are required to work on a public holiday will be entitled to double time and one half of the base rate of pay for each hour work on the public holiday. Quaycentre casual event staff employees who are required to work on a public holiday will be paid at the hourly rate applicable in Table 3.

12.4 Full time, part time and temporary employees who are absent from work on the day before or the day after a public holiday will provide the employer with proof of sickness (by way of a medical certificate) prior to receiving payment for those days.

12.5 A shift worker rostered off duty on a Public Holiday will elect to be paid one day’s pay for that Public Holiday or to have one day added to his/her annual holidays for each such day;

12.6 A full-time, part-time or temporary employee, who presents proof of purchase of a ticket to the Union’s Picnic Day function, at least ten calendar days in advance of the event, will be entitled to paid leave to attend the function. The Union will advise management at least three months prior to the event of any change of date to the Picnic, which will otherwise be held on the first Monday in December.

13. Sick Leave

13.1 A full time employee who has been employed prior to 1 January 2019 will be entitled to ten days sick leave per year of service. Effective from 1 January 2019 a full-time employee is entitled to 15 days sick leave per year of service. Part-time employees will be entitled to a proportionate amount of sick leave.

13.2 If the full period of sick leave is not taken in any one year, the whole or untaken portion will accumulate from year to year.

13.3 An employee will not be entitled to sick leave for any period in respect of which such employee is entitled to worker’s compensation.

13.4 Where an employee is ill or incapacitated on a rostered day off or not rostered on a shift will not be entitled to sick pay on that day nor will his/her entitlement to sick leave be reduced as a result of such illness or incapacity.

13.5 Where an employee is absent for more than one consecutive day, or more than five single days in a year, the employee will provide the employer with a doctor’s certificate.

13.6 The employee, wherever possible, will, prior to the commencement of the absence on sick leave, inform the employer of their inability to attend for duty and as far as practicable, the estimated duration of the absence.

14. Personal Carer’s Leave

14.1 Use of Sick Leave:

14.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 14.1.6 (b), who needs the employee’s care and support, will be entitled to use, in accordance with this clause, 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, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

14.1.2 Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee will discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

14.1.3 Where the parties are unable to reach agreement the disputes procedure at Clause 30 should be followed.

14.1.4 The employee will, if required

(a) 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, or

(b) establish by production of documentation acceptable to the employer, or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

14.1.5 In normal circumstances, an employee must not take carer's leave under this clause where another person had taken leave to care for the same person.

14.1.6 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 person concerned being:

(i) a spouse of the employee, or

(ii) a de facto spouse, who is a person of the opposite sex to the employee, who lives with the employee 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), 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 clause:

"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.

14.1.7 An employee will, 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 level and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee will notify the employer by telephone of such absence at the first opportunity on the day of absence.

14.2 Use of Unpaid Leave:

14.2.1 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 subclause 14.1.6 (b) who is ill, or who requires care due to an unexpected emergency.

14.3 Use of Annual Leave:

14.3.1 An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding ten days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

14.3.2 Access to annual leave, as prescribed in subclause 14.3.1, will be exclusive of any shutdown period provided for elsewhere under this award.

14.4 Use of Time Off in Lieu of Payment of Overtime:

14.4.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 2 months of the said election.

14.4.2 Overtime taken as time off during ordinary time hours will be available at the rate of time and one half for the first two hours worked and double time thereafter.

14.4.3 If, having elected to take time in lieu of payment of overtime in accordance with subclause 14.4.1, the time in lieu is not taken, payment for time accrued at overtime rates will be made at the expiry of the 2 month period or on termination.

14.4.4 Where no election is made in accordance with subclause 14.4.1, the employee will be paid overtime rates in accordance with the award.

14.5 Use of Make-Up Time:

14.5.1 An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

14.6 Personal Carer’s Entitlement for Casual Employees

14.6.1 Subject to the evidentiary and notice requirements in subclause 14.1.4, casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 14.1.6 (b) who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

14.6.2 The employer and the employee will agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

14.6.3 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

15. Bereavement Leave

15.1 A full-time or part-time employee, including a temporary employee, will be entitled to a maximum of three days leave without loss of pay on each occasion and on the production of satisfactory evidence of death within Australia of a member of the employee’s family or household (as defined in subclause 14.1.6 (b)).

15.2 An employee will not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

15.3 Bereavement leave may be taken in conjunction with other leave available under subclauses 14.2, 14.3, 14.4 and 14.5. Where such other available leave is to be taken in conjunction with bereavement leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the employer.

15.4 Bereavement Leave for casual employees

15.4.1 Subject to the evidentiary and notice requirements in subclause 14.1.4, casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 14.1.6 (b).

15.4.2 The employer and the employee will agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

15.4.3 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

16. Parental Leave

The following table summarises the entitlements in this section. This table must be read with the relevant clauses. If there are inconsistencies, the provisions in the relevant clause will prevail.

Summary of parental leave provisions
Leave	Paid leave	Unpaid leave	Total leave
Parental Leave	14 weeks for a parent with caring responsibility associated with the birth, adoption, altruistic surrogacy or ongoing placement arrangement of a child	38 weeks	52 weeks
Bonus Paid Parental Leave	2 weeks for single parents or when both parents have taken any Paid Parental Leave offered by their employers		2 weeks
Special Pre-Term Birth Leave	From birth to the end of 36 weeks’ gestation for the parent with the caring responsibility of a child born before 37 weeks, then revert to full-term parental leave provisions		From birth to the end of 36 weeks
Leave for a Stillbirth (the birth of a baby without signs of life, at 20 or more completed weeks or where a child dies shortly after birth)	14 weeks for the employee who gave birth 2 weeks for an employee whose partner gave birth		14 weeks for the employee who gave birth 2 weeks for an employee whose partner gave birth
Requests to extend leave or return part time		52 weeks	52 weeks

16.1 Definitions

For the purpose of this clause:

(a) “Altruistic Surrogacy” means a surrogacy arrangement as defined in the Surrogacy Act 2010 (NSW) and must not be a commercial surrogacy arrangement.

(b) “De facto partner” means a person who is the employee’s partner and lives with them on a genuine domestic basis but is not legally married to the employee.

(c) “Caring responsibility” means a person who meets the child’s physical needs, including feeding, dressing, bathing and otherwise supervising the child.

(d) “Child” means:

(i) For birth-related leave, a child (or children from a multiple birth) of the employee, employee’s partner or employee’s legal surrogate.

ii) For adoption-related leave, a child (or children) who the employee or the employee’s partner will adopt and is not the employee or employee’s partner’s child. The child (or children) is or will be under 18 years of age.

(iii) For ongoing placement arrangement-related leave, a child (or children) under 18 years, placed in the permanent care of the employee or the employee’s partner.

(e) “Confirmation of placement letter” means a letter from the Department of Communities and Justice (DCJ) or their accredited designated agency that:

(i) confirms the employee is an authorised foster carer or relative/kinship carer who is or will be providing continuous care on an ongoing basis for a child or young person who is subject to a legal order allocating parental responsibility to the Minister; or

(ii) confirms the employee is an authorised relative/kinship carer, authorised foster carer or other suitable person who is or will be providing continuous care on an ongoing basis for a child or young person for whom they hold parental responsibility under a legal order, including a guardianship order; and

(iii) confirms the start date of the placement.

(f) “Fertility treatment” means any of the following assisted reproductive technology treatments as defined in the Assisted Reproductive Technology Act 2007 (NSW) including but not limited to:

(i) intrauterine insemination (IUI)

(ii) in-vitro fertilisation (IVF)

(iii) intracytoplasmic sperm injection (ICSI)

(iv) Ovulation induction (OI).

(g) “Full-term birth” means the birth of a live child from 37 weeks.

(h) “Legal order” means an order made by the Children’s Court of NSW under the Children and Young Persons (Care and Protection) Act 1998 (NSW) including:

(i) Parental Responsibility to the Minister (PRM), Relative/Kin (PRR) or Non-Relative (PNR) Interim Orders;

(ii) Short Term Court Order (STCO) allocating parental responsibility to the Minister, Relative/Kin or Non-Relative for a period of at least 12 months;

(iii) Parental Responsibility to the Minister (PRM), Relative/Kin (PRR) or Non-Relative (PNR) Long Term Care to 18 years Final Order; or

(iv) Guardianship Order.

For the purposes of this definition, a legal order made by the Federal Circuit and Family Court of Australia under the Family Law Act 1975 (Cth) includes a final order allocating parental responsibility to relative/kin or suitable person to 18 years provided that the Department of Communities and Justice intervened as a party to the proceedings and the employee is an authorised carer eligible for the out-of-home care carer allowance.

(i) “Legal surrogate” means the birth mother in a surrogacy arrangement as defined in the Surrogacy Act 2010 (NSW).

(j) “Miscarriage” means a pregnancy that ceases before 20 weeks or where the number of weeks is unknown, or the baby weighed less than 400g.

(k) “Ongoing placement arrangement” means the placement of a child or young person who is subject to a legal order of the Children’s Court of NSW or Federal Circuit and Family Court of Australia with an authorised foster carer, authorised relative/kinship carer or suitable person on an ongoing basis. Ongoing placements do not include informal arrangements or emergency, respite care or short-term care with a specified end date.

(l) “Partner” means a spouse, de facto partner, former spouse or former de facto partner.

(m) “Pre-term birth” means the birth of a live child before 37 weeks.

(n) “Stillbirth” means the birth of a baby without signs of life, at 20 or more completed weeks or where a child dies shortly after birth.

16.2 Paid Parental Leave

(a) Employees are entitled to up to 14 weeks Paid Parental Leave if:

(i) they have or will have completed at least 40 weeks continuous service at the expected date of birth, adoption, altruistic surrogacy or ongoing placement, and

(ii) they have or will have caring responsibility for the child (or children), or

(iii) the employee is a legal surrogate and has or will have completed at least 40 weeks continuous service at the expected date of birth.

(b) Paid Parental Leave must be taken within 24 months of the date of birth, adoption or altruistic surrogacy or ongoing placement.

(d) Employees who are eligible for paid parental leave in accordance with subclause 16.2 (a) are entitled to an additional two weeks of Bonus Paid Parental Leave where both parents have exhausted any paid parental leave offered by their employer.

(e) Employees who are single parents or whose partners do not have access to employer paid parental leave will be eligible for the full two weeks of bonus paid parental leave.

(f) An employee is entitled to Bonus Paid Parental Leave, where it can be demonstrated that their partner:

(i) has or will have exhausted the paid parental leave provided by their employer, or

(ii) has no access to employer paid parental leave.

(g) A maximum of two employees (if both are working in the NSW Government Sector) can access Paid Parental Leave under this clause per birth, adoption, altruistic surrogacy or ongoing placement arrangement except in the event of an altruistic surrogacy where three employees (two intended parents and one surrogate are all employed in the NSW Government Sector) will be entitled to access Paid Parental Leave.

(h) Where an employee takes paid parental leave in respect of an ongoing placement arrangement and later adopts, becomes the legal guardian or cares for the child (or children) or young person/s under a different legal order, the employee is not entitled to access a further period of paid parental leave in connection with the adoption, guardianship order or other legal order of the same child (or children).

(i) In the event that an ongoing placement arrangement ceases, and the employee no longer has responsibility for the care of the child/children, the employee must notify the employer as soon as practicable. At the cessation of an ongoing placement, the remaining period of paid parental leave ceases. The employer and employee should discuss alternative leave arrangements and/or a return-to-work date.

16.3 Unpaid Parental Leave

(a) In addition, an employee is entitled to unpaid parental leave where:

(i) the employee, their partner or their legal surrogate gives birth; or the employee or their partner adopts; or the employee or their partner have a child placed in the care of the employee or their partner as part of an ongoing placement arrangement, and

(ii) the employee has or will have responsibility for the care of the child that is born, adopted or placed in an ongoing placement arrangement, or

(iii) the employee is a legal surrogate who gives birth.

(b) Subject to this clause the employee shall be entitled to be granted unpaid parental leave as follows:

(i) For a pregnant employee, a period up to 9 weeks prior to the expected date of birth; and

(ii) For all eligible employees, a further period of up to 12 months after the actual date of birth.

(d) Where an employee combines paid and unpaid parental leave, the total period of parental leave taken cannot exceed 12 months except where an employee has applied to extend their period of unpaid parental leave under subclause 16.6.

16.4 Calculation of Paid Parental Leave

(a) Paid Parental Leave including bonus parental leave is calculated at the employee’s ordinary rate of pay at the time they take leave.

(b) Paid Parental Leave may be paid:

(i) in advance as a lump sum;

(ii) fortnightly as normal;

(iii) fortnightly at half pay; or

(iv) as a combination of full and half pay.

(i) at the full-time rate if they began part-time leave 40 weeks or less before starting parental leave; or

(ii) at the part-time rate if they began part-time leave more than 40 weeks before starting parental leave and have not changed their part-time work arrangements during the 40 weeks; or

(iii) at the rate based on the average number of weekly hours worked during the 40-week period if they have been on part-time leave for more than 40 weeks but have changed their part-time work arrangements during that period.

(d) An employee who commences a subsequent period of parental leave for another child within 24 months of commencing an initial period of parental leave will be paid:

(i) at the full-time or part-time rate, they received before starting the initial leave if they have not returned to work; or

(ii) at a rate based on the hours worked before they took the initial leave if they have returned to work and reduced their hours during the 24-month period; or

(iii) at a rate based on the hours worked before the subsequent period of leave if they have returned to work and not reduced their hours.

16.5 Concurrency of Paid Parental Leave

Employees can take all Paid Parental Leave concurrently except in circumstances where both parents are employed at the same workplace and operational requirements may prevent concurrent leave. In these instances, employees may take up to four weeks Paid Parental Leave concurrently with their partner. Employees may request to take more than four weeks Paid Parental Leave concurrently with their partner in accordance with subclause 16.6.

16.6 Flexibility for taking Paid Parental Leave

(a) An employee may request to use their Paid Parental Leave entitlement in ways other than a single continuous period. The Department Head will consider this request based on operational requirements and the employee’s personal and family circumstances.

(b) Employees in the same NSW Government Sector workplace may also request to take more than four weeks of parental leave concurrently.

(c) The Department Head may refuse a request on reasonable grounds based on the effect on the Department’s workplace including but not limited to:

(i) that the new working arrangements requested would be too costly for the Department;

(ii) that there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;

(iii) that it would be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the new working arrangements requested;

(iv) that the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity; or

(v) that the new working arrangements requested would be likely to have a significant negative impact on customer service.

(d) The Department Head will consider and respond to the request in writing within 21 days.

(e) If the Department Head agrees to the employee’s request to use their Paid Parental Leave entitlement in ways other than a single continuous period, the leave period must not extend beyond 24 months of the date of birth, adoption, altruistic surrogacy or ongoing placement of the child. Any public holidays that fall during the leave will not extend the period of leave.

16.7 Other accrued leave in conjunction with parental leave

(a) An employee may take available recreation leave or extended leave during the parental leave period as long as it does not extend the total period of parental leave.

(b) An employee may take available recreation leave at half pay with parental leave provided that:

(i) recreation leave at half pay is taken within the period of parental leave;

(ii) the total period of parental leave is not extended beyond 24 months by the taking of recreation leave at half pay;

(iii) the half-pay leave is converted to the full-time equivalent and treated as such for the purpose of accruing further recreation, extended and other leave at the full-time rate.

16.8 Pregnancy related illness and alternative duties

(a) A pregnant employee who is sick during their pregnancy may take available paid sick leave, accrued recreation or extended leave, or sick leave without pay.

(b) If a pregnant employee finds it difficult to perform their normal duties or there is a risk to their health or that of the unborn child, the Department Head must consult with the employee and take all reasonable steps to arrange safer alternative duties or adjustments.

(i) having flexible working arrangements for when and where the employee performs their duties;

(ii) changing duties temporarily;

(iii) retraining;

(iv) multiskilling;

(v) redesigning their role.

(d) If a pregnant employee gives the employer evidence that the employee is fit for work, but that it is inadvisable for the employee to continue in the employee’s normal duties, and safe alternative duties or adjustments cannot reasonably be provided, the Department Head must grant the employee paid no safe job leave until the end of the risk period, end of the employee’s pregnancy or expected commencement of parental leave, whichever is the earliest.

16.9 Further periods of parental leave

(a) When an employee, their partner or their legal surrogate gives birth; or the employee or their partner adopts; or the employee or their partner have a child placed in the care of the employee or their partner as part of an ongoing placement arrangement while on parental leave, the employee is entitled to a further period of parental leave.

(b) At the commencement of the new period of parental leave, any remaining unpaid parental leave from the former birth, adoption or ongoing placement arrangement ceases.

(c) Any remaining paid parental leave from the former birth, adoption or ongoing placement arrangement may be retained but must be taken within 24 months of the former date of birth, adoption or altruistic surrogacy or placement of a child or children.

16.10 Leave for a pre-term birth

(a) When an employee or their partner has a pre-term birth (before 37 weeks), the parent with caring responsibility is entitled to paid Special Pre-Term Parental Leave. This applies from the date of birth to the end of 36 weeks. Where both parents are NSW Government Sector employees, only one parent may access the leave.

(b) An employee is entitled to paid special pre-term parental leave if they have or would have, if not for the pre-term birth, completed 40 weeks continuous service at the expected date of birth.

(c) Paid Special Pre-Term Parental Leave starts from the date of the pre-term birth at full pay and the employee must take it in one continuous block up to the end of 36 weeks.

(d) Immediately following the period of paid special pre-term parental leave and at the commencement of 37 weeks, special pre-term birth parental leave will cease, and an employee may commence parental leave in accordance with subclauses 16.2 and 16.3.

(e) Where a pre-term child dies during a period of paid Special Pre-Term Parental Leave, the rest of that leave is replaced by up to 14 weeks’ Paid Parental Leave in accordance with subclause 16.2.

(f) Employees cannot take paid Special Pre-Term Leave concurrently with any other form of leave.

(g) When accessing paid Special Pre-Term Parental Leave, the employee must notify the Department Head as soon as practicable of:

(i) the amount of leave required; and

(ii) which other types of leave (if any) will follow the period of Special Pre-Term Parental Leave, including all paid and unpaid leave that employees propose to take, have applied for, or will take.

(h) To access paid Special Pre-Term Parental Leave, the employee may need to provide evidence, such as:

(i) a medical certificate showing the expected date of birth; or

(ii) a statutory declaration or medical certificate confirming caring responsibility; or

(iii) a medical certificate or a birth certificate showing the child’s actual date of birth.

16.11 Leave for a stillbirth

(a) An employee who gives birth to a stillborn child has access to paid parental leave in accordance with subclause 16.2 or may elect to take available sick leave.

(b) Where an employee’s partner gives birth to a stillborn child the employee can access two weeks Paid Parental Leave.

16.12 Leave prior to an adoption

(a) In addition to the paid parental leave available at subclause 16.2, an employee seeking to adopt a child is entitled to up to two days unpaid special adoption leave to attend interviews or examinations as are necessary as part of the adoption process.

(b) An employee may also use accrued leave entitlements or flexible working arrangements to attend interviews or examinations. This includes recreation leave, extended leave and where applicable, family and community service leave.

16.13 Right to request extension of unpaid parental leave and part-time return to work

(a) To assist employees with parental responsibilities, an employee who has been granted parental leave in line with subclause 16.2, Paid Parental Leave, can apply to the Department Head to:

(i) extend Unpaid Parental Leave for a further continuous leave period of up to 12 months provided the unpaid parental leave does not extend beyond 24 months from the birth, adoption or ongoing placement of the child; and/or

(ii) return from full-time parental leave to work part time until the child reaches school age (including the option to return to work on part-time leave without pay).

(b) An employee intending to apply to return from parental leave part time (in line with clause 16.13(a)(ii)) must write to the Department Head as soon as practicable. An employee can give notice at any time up to four weeks before their proposed return or extension of leave, or later if the Department Head agrees.

(c) The Department Head will consider the request and the employee’s circumstances and respond in writing. The Department Head can only refuse the request on reasonable grounds based on the effect on the workplace or the Department Head’s business. This could include:

(i) that the new working arrangements requested would be too costly for the Department;

(ii) that there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested;

(iii) that it would be impractical to change the working arrangements of other employees, or recruit new employees, to accommodate the new working arrangements requested;

(iv) that the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity; or

(v) that the new working arrangements requested would be likely to have a significant negative impact on customer service.

(d) An employee on parental leave may change the period of leave once without the consent of the Department by providing at least 14 days’ notice in writing. Further changes may be made with the consent of the Department Head.

(e) An employee who has returned to full-time duty without exhausting their entitlement to 12 months unpaid parental leave is entitled to revert to unpaid parental leave. This may be done once only, by providing a minimum of 4 weeks’ notice (or less if the Department agrees).

16.14 Returning to work

(a) An employee has the right to return to their former role if they have taken parental leave or returned to work part-time under right to request provisions, and they immediately resume duty after the approved leave or part-time work arrangement.

(b) If the role occupied by the employee immediately prior to the taking of parental leave has ceased to exist, but there are other positions available that the employee is qualified for and is capable of performing, the employee will be appointed to a role of the same grade and classification as the employee’s former position.

(c) An employee does not have the right to their former role if they return to work part time. If the Department Head approves an employee to return to work part time, the employee will be appointed to a role of the same grade and classification as their former role.

16.15 Notice requirements

(a) The Department Head must inform employees of their entitlements and obligations under this section when it is made aware that an employee or their partner is pregnant, expecting a child through an altruistic surrogacy arrangement, is having a child placed with them as part of an ongoing placement arrangement or is adopting a child.

(b) An employee who is an intended parent in an altruistic surrogacy arrangement must notify the Department Head at least 8 weeks before the expected due date. The employee must give the Department Head a copy of the pre-conception surrogacy altruistic surrogacy agreement. This agreement is provided for in the Surrogacy Act 2010 and can be redacted as necessary to protect non-employees’ privacy.

(c) To access parental leave, an employee must give the Department Head written notice, eight weeks or as soon as practicable, before the expected start of their parental leave, of:

(i) their intention to take leave; and

(ii) the child’s expected date of birth, adoption, altruistic surrogacy or ongoing placement; and

(iii) the employee’s role as carer of their child for the parental leave period.

(d) At least four weeks before the expected commencement of parental leave, the employee must advise the Department Head of:

(i) the date they intend to start parental leave; and

(ii) the date they expect to return to work.

(e) Once an employee or their partner gives birth, they must notify the Department Head of the date of birth as soon as convenient.

(f) If an employee changes their intentions because of a pre-term birth or stillbirth, they must notify the Department Head as soon as practicable.

(g) Before and during Paid Parental Leave, an employee must notify the Department Head of any changes to their circumstances that might affect their eligibility for this leave as soon as possible.

16.16 Evidence requirements

(a) To access Paid Parental Leave, the employee must provide evidence of the birth, adoption, altruistic surrogacy or ongoing placement arrangement:

(i) for a birth related leave, a medical or birth certificate showing the child’s expected or actual date of birth;

(ii) for adoption related leave, an integrated birth certificate or certificate of adoption;

(iii) for altruistic surrogacy related leave, the provision of documentary evidence of the altruistic surrogacy agreement and a statutory declaration advising of the intention to make application for a parentage order as required under the Surrogacy Act 2010. A copy of the parentage order (redacted as needed) does not need to be provided before accessing Paid Parental Leave if the order is not available before that time but must be provided as soon as it is obtained;

(iv) for an ongoing placement arrangement, a confirmation of placement letter provided by the Department of Communities and Justice, or their accredited designated agency as defined in 16.1.1(i). A copy of the legal order as defined in 16.1.1(g) (redacted as needed) does not need to be provided before accessing Paid Parental Leave if the order is not available before that time but must be provided as soon as it is obtained.

(b) To access bonus paid parental leave Department Head may require evidence of this such as:

(i) documents from the partner’s employer; or

(ii) a statutory declaration from the employee.

16.17 Communication requirements

(a) Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the Department Head will take reasonable steps to:

(i) make information available in relation to any significant effect the change will have on the status or responsibility level of the role the employee held before commencing parental leave; and

(ii) provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the role the employee held before commencing parental leave.

(b) The employee will take reasonable steps to inform the Department Head of any significant matter that will affect the employee’s decision about:

(i) the duration of parental leave;

(ii) whether they intend to return to work; and

(iii) whether they intend to request to return to work part time.

(c) The employee will notify the Department Head of any changes to their address and contact details which may affect the Employer’s capacity to comply with clause 16.17.

17. Leave related to miscarriage and fertility treatment

17.1 Leave for a miscarriage

17.1.1 When an employee or their partner miscarries, the employee is entitled to one week of paid Special Miscarriage Leave on each occasion a pregnancy ceases by way of miscarriage.

17.1.2 Paid Special Miscarriage Leave starts from the date of miscarriage. The employee must take this leave in one continuous block before they can take any other leave.

17.1.3 When accessing paid Special Miscarriage Leave, the employee must notify the Department Head as soon as reasonably practicable of:

(a) the amount of leave required; and

(b) the anticipated date of return to duty.

17.1.4 To access paid Special Miscarriage Leave an agency may request evidence, such as:

(a) a medical certificate; or

(b) an early loss certificate from the NSW Registry of Births, Deaths and Marriages.

17.2 Leave for fertility treatment

17.2.1 Employees can take up to one week of paid Special Fertility Treatment Leave each calendar year to undergo fertility treatment. This includes related medical appointments and travel required to access treatment.

17.2.2 Special Fertility Treatment Leave does not accumulate, and employees may take it in:

(a) part days

(b) single days

17.2.3 Paid Special Fertility Treatment Leave is not available to the partner of the person undergoing fertility treatment.

17.2.4 When accessing paid Special Fertility Treatment Leave, the employee must notify the Department Head as soon as is reasonably practicable of:

(a) the amount of leave required, and

(b) when they expect to return to work.

17.2.5 To access paid Special Fertility Treatment Leave, the employee may need to provide a medical certificate that confirms the treatment.

18. Leave for Matters Arising from Domestic Violence

18.1 Definitions

For the purpose of this clause:

(a) “Domestic violence” is any behaviour in an intimate, family or domestic relationship, which is violent, threatening, coercive, controlling or causes a person to live in fear for their own or someone else’s safety. It may be a pattern of ongoing controlling or coercive behaviour.

(b) An “intimate relationship” refers to people who are or have been in an intimate partnership, whether or not the relationship involves or has involved a sexual relationship, for example, married, engaged to be married, separated, divorced, de facto partners, couple promised to each other under cultural or religious tradition, or who are dating.

(c) A “family relationship” has a broader definition and includes people who are related to another through blood, marriage or de facto partnerships, adoption and fostering relationships, sibling, and extended family relationships. It includes the full range of kinship ties in Aboriginal and Torres Strait Islander communities, and extended family relationships. People living in the same house may also be in a domestic relationship if their relationships exhibit dynamics which may foster coercive and abusive behaviours.

(d) Examples of behaviours that constitute domestic and family violence include but are not limited to:

(i) physical and sexual violence;

(ii) verbal abuse;

(iii) emotional or psychological abuse;

(iv) stalking and intimidation;

(v) technology facilitated abuse;

(vi) social and geographical isolation;

(vii) financial abuse;

(viii) cruelty to pets;

(ix) damage to property; or

(x) threats to be violent in the above ways.

18.2 Employees, including casual employees, are entitled to 20 days of paid domestic and family violence leave in each calendar year. This leave is not cumulative.

18.3 Paid domestic and family violence leave is not pro-rata for part-time or casual employees.

18.4 Employees can take paid domestic and family violence leave in part-days, single days, or consecutive days. There is not a minimum number of hours that an employee must take in a day.

18.5 Employees experiencing domestic and family violence may take domestic and family violence leave including for the following purposes:

(a) seeking safe accommodation or establishing safety;

(b) attending medical, legal, police or counselling appointments relating to their experience of domestic and family violence;

(d) organising alternative care or education arrangements for their children or person(s) in their care;

(e) other activities that will help them to establish safety and recover from their experience of domestic and family violence; or

(f) any other purpose associated with the impact of experiencing domestic and family violence which is impractical to do outside of their normal hours of work.

18.6 Domestic and family violence leave does not need to be approved before it can be accessed. However, employees should advise their employer of the need to take domestic and family violence leave as soon as possible.

18.7 The leave entitlement can be accessed without the need to exhaust other available leave entitlements first.

18.8 The employer should only require evidence of the occurrence of domestic and family violence in exceptional circumstances and should use their discretion when assessing whether evidence is needed, and if so, what type of evidence.

18.9 Evidence of the occurrence of domestic and family violence may include:

(a) a document issued by the police, a court, a domestic violence support service or a member of the legal profession;

(b) a provisional, interim or final Apprehended Violence Order (AVO), Apprehended Domestic Violence Order (ADVO), certificate of conviction or family law injunction;

(d) a statutory declaration by the employee experiencing domestic and family violence; or

(e) any other evidence that would satisfy a reasonable person that domestic and family violence has occurred.

18.11 Evidence provided by an employee should be sighted and must be returned to the employee. The evidence must not be retained by the employer or stored on the employee’s personnel file.

18.12 The intent of paid domestic and family violence leave is to provide employees with the same remuneration as they would have received, inclusive of penalties that would have applied, if they did not take the leave.

18.13 Full-time and part-time employees are entitled to be paid at their full rate of pay for the hours they would have worked had they not taken the leave.

18.14 Casual employees will be paid at their full rate of pay for the hours they were rostered for and would have worked had they not taken the leave. For the purposes of this clause, “Rostered” means the employer has offered specific hours of work and the casual employee has accepted that offer.

18.15 Employers must keep personal information about domestic and family violence (including information about support provided by the employer) confidential. This includes not recording instances of or information about domestic and family violence leave on:

(a) payslips,

(b) the employee’s personnel file, or

18.16 Any information regarding an employee’s experience of domestic or family violence, including any domestic and family violence leave or supports provided (under this clause or otherwise), can only be accessed by senior HR personnel or, with the employee’s consent, a relevant senior manager.

18.17 Employers must not take adverse action against an employee because they:

(a) have experienced, or are experiencing, domestic and family violence;

(b) use the paid domestic and family violence leave provisions; or

(c) are a casual employee who declines to take a shift they are not rostered for because they are attending to a matter connected with domestic and family violence at that time.

18.18 The employer will provide support to an employee experiencing domestic and family violence, including but not limited to the provision of flexible working arrangements, including changing working times, work locations, telephone numbers and email addresses.

19. Leave for Employees Providing Support to People Experiencing Domestic and Family Violence

19.1 Employees providing care and support to a member of their family or household experiencing domestic and family violence may, if the criteria are met, access existing Personal/Carers Leave consistent with clause 14 or Bereavement Leave entitlements consistent with clause 15 this award.

19.2 The “family” or “household” member that the employee is providing care and support to must meet the definition of these terms as defined in subclause 14.1.6.

19.3 If the employer needs to establish the reasons for an employee accessing existing leave entitlements under these provisions, the employee may be required to provide evidence consistent with subclause 14.1.4 of this award or any other form of evidence that is considered acceptable by the employer such as a statutory declaration.

19.4 Evidence provided by an employee should be sighted and must be returned to the employee. The evidence must not be retained by the employer or stored on the employee’s personnel file.

20. Terms of Engagement

20.1 Full-time and part-time employees at the Aquatic, Athletics and Archery Centres and Satellite Sports Venues employed in classifications under subclause 5.1 will be engaged by the week and their engagement will only be terminated by the employer or employee giving the notice prescribed below, or by payment or forfeiture, as the case may be of the appropriate wages in lieu of notice.

Period of Continuous	Service Period of Notice

Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years continuous service, will be entitled to an additional week s notice.

20.2 A temporary employee will be employed for a fixed period. The engagement of a temporary employee may be varied by agreement between the employer and employee.

20.3 Full-time and part-time gymnastics program employees employed in classifications under subclause 5.4 will be engaged by the week and their engagement may be terminated by the employer or employee giving notice in accordance with subclause 20.1, or by payment or forfeiture, as the case may be of the appropriate wages in lieu of notice.

20.4 The provisions outlined in subclauses 20.1 and 20.2 will not affect the right of an employer to dismiss any employee without notice for misconduct or other neglect of duty.

20.5 The employer will have the right to deduct payment for the time of non-attendance by any employee who fails to attend for duty, or absents himself/herself from duty, without leave.

21. Training Wage

21.1 See the Crown Employees (Public Service Training Wage) Reviewed Award 2008.

22. Payment of Wages

22.1 Wages will be paid fortnightly by Electronic Funds Transfer.

23. Annual Leave and Annual Leave Loading

23.1 Full-time and part-time employees employed on or prior to 19 April 1999 will receive annual leave of five weeks per annum plus 17.5% Annual Leave Loading, upon the completion of twelve months service.

23.2 Part time employees employed after 19 April 1999 will be entitled to four (4) weeks paid annual leave per annum plus 17.5% Annual Leave Loading, upon the completion of twelve months service.

23.3 Full-time employees employed after 19 April 1999 will be entitled to annual leave of five weeks per annum plus 17.5% annual leave loading, upon the completion of twelve months service.

23.4 Full-time and part-time gymnastics program employees employed in the classifications under subclause 5.4 will be entitled to four (4) weeks paid annual leave per annum plus 17.5% Annual Leave Loading, upon the completion of twelve months service.

23.5 The loading referred to in subclauses 23.1, 23.2, 23.3 and 23.4 above will be paid to all weekly employees upon the anniversary of their entitlement, as a lump sum.

23.6 Temporary employees who are engaged on a contract of less than twelve months will 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 twelve months in total, as on aggregate of full-time, part-time or casual employment.

23.7 Cashing out of Annual leave

23.7.1 Full-time and part-time employees who are entitled to annual leave of 5 weeks per annum under subclause 23.1 or subclause 23.3 will be able to elect to cash out 1 weeks annual leave, on a single occasion, once in each calendar year. This provision does not apply to employees who accrue 4 weeks annual leave per annum under subclauses 23.2 and 23.4

23.7.2 Employees wishing to cash out leave will indicate their intention in writing, or by email.

23.7.3 The cashing out of leave under subclause 23.7 is not available to employees, where the cashing out of leave would result in the employee’s leave balance reducing to below 4 weeks at the time of cashing out.

23.8 Clause 21 does not apply to casual employees

24. Long Service Leave

24.1 The New South Wales Long Service Leave Act 1955 applies.

25. Consultation and Union Access

25.1 A meeting will be held every two months between employee representatives, the Union Official and the Director of the Sydney Olympic Park Sports Venues for the purpose of discussing matters affecting the employment, productivity and efficiency at the Sydney Olympic Park Sports Venues.

25.2 The Employer recognises the rights of employees to elect union delegates as their representative for the purposes of this Award and to enhance the consultative mechanism.

25.3 Where operational matters permit, and subject to sufficient notice to management, accredited union delegates will be allowed reasonable time in work hours to prepare for and meet with management, a union official or employees they represent on urgent matters affecting union members. Management agreement will not be unreasonably withheld.

Collective meetings of employees with a union official or accredited union delegate will be held during a lunch or other work break or outside hours unless otherwise agreed by management.

25.4 The Employer will provide accredited delegates with reasonable access to the following facilities for authorised union activities

25.4.1 Computer for word processing and related purposes, email, telephone, photocopier, facsimile machine and a private meeting room, if and when necessary.

25.4.2 Access to a notice board for material authorised by the union. The Employer will have the right to decline the posting of material at its discretion but will not unreasonably do so.

25.5 Union Delegates will be allowed to undertake the following activities without deduction from ordinary time earnings, subject to operational requirements and management agreement. Management will not unreasonably withhold agreement.

25.5.1 Up to 6 days per annum for training courses conducted by the union or a training provider nominated by the union; or to attend union conferences or industry meetings.

25.5.2 Attendance at, and reasonable preparation time for, industrial proceedings that directly affects the area or employee(s) that the union delegate represents.

25.5.3 Presenting information on the union and union’s activities at induction sessions for new employees

26. Labour Flexibility

26.1 Employees covered by this award will 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.

27. Uniforms and Protective Clothing

27.1 Where employees are required to wear a uniform they will be provided to the employee free of charge. Employees required to work in the rain will be provided with oilskins, gumboots or other protective clothing, free of charge.

27.2 Upon termination of employment all uniforms and property belonging to the employer will be returned by the employee to the employer properly laundered and/or in working order.

28. Tools and Equipment

28.1 All tools and equipment required by the employees to perform their duties will be provided by the employer, free of charge. Any other authorised work-related expenses will be reimbursed to the employee subject to satisfactory verification of the expense.

29. Change Rooms

29.1 The employer will provide a change room for the use of the employees, free of charge. Such change room will be equipped with hot and cold showers and will be fitted with individual locker accommodation.

30. Redundancy

30.1 Application of this clause.

30.1.1 This clause will apply in respect of fulltime and part-time employees as defined in clause 8

30.1.2 This clause will not apply to employees with less than one year’s continuous service

30.1.3 This clause will not apply where employment is terminated as a consequence of conduct that warrants dismissal, or in the case of employees engaged for a specific period of time, or for a specified task or tasks, where employment is terminated due to the ordinary turnover of labour.

30.2 Employer to Notify and Discuss Change

30.2.1 Where the employer has made a definite decision to introduce major changes that are likely to have significant effects on employees, for example in structure, technology and or program/service delivery, the employer will notify the employees who may be affected by the proposed changes and the union to which they belong

30.2.2 The employer will discuss with the employees affected and the union to which they belong, among other matters, the introduction of the changes referred to in paragraph 30.2.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and will give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

30.2.3 The discussion will commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in 30.2.1

30.2.4 For the purpose of such discussion, the employer will provide to the employees concerned, and the union to which they belong, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer will not be required to disclose confidential information the disclosure of which would adversely affect the employer.

30.2.5 Where the employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone, pursuant to paragraph 30.2.1, and that decision may lead to the termination of employment, the employer will hold discussions with the employees directly affected and with the union to which they belong as early as practicable.

30.2.6 The discussions referred to in 30.2.5 will cover, among other matters any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned, the number and categories of employees likely to be affected, and the number of workers normally employed, and the period over which the terminations are likely to be carried out.

30.3 Notice of Termination of Employment

30.3.1 In order to terminate the employment of an employee for reasons arising from "structure", or "program/service delivery", in accordance with 30.2.1, the employer will give to the employee the following notice

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

30.3.2 In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, will be entitled to an additional week’s notice

30.3.3 Payment in lieu of the notice in 30.3.2 will be made if the appropriate notice period is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof

30.4 Notice for Technological Change

30.4.1 In order to terminate the employment of an employee for reasons arising from "technology" in accordance with 30.2.1, the employer will give to the employee three months’ notice of termination

30.4.2 Payment in lieu of the notice above will be made if the appropriate notice period is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

30.4.3 The period of notice required by this subclause to be given will be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

30.5 Time Off During the Notice Period

30.5.1 During the period of notice of termination given by the employer, an employee will be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

30.5.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee will, at the request of the employer, be required to produce proof of attendance at an interview or the employee will not receive payment for the time absent.

30.5.3 Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee will be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee will not be entitled to payment in lieu of notice.

30.6 Transfer to Lower Paid Duties

30.6.1 Where an employee is transferred to lower paid duties for reasons set out in 30.2.1 the employee will be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

30.7 Severance Pay

30.7.1 Where an employee is to be terminated pursuant to clause 28, subject to further order of the Industrial Relations Commission, the employer will pay the following severance pay in respect of a continuous period of service:

(a) If an employee is under 45 years of age, the employer will pay in accordance with the following scale

Years of Service	Under 45 Years Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

(b) Where an employee is 45 years old or over, the entitlement will be in accordance with the following scale:

Years of Service	45 Years and over Age Entitlement
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

(c) ‘Weeks pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and will include, in addition to the ordinary rate of pay, over award payments, shift penalties and any allowances.

30.7.2 Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in paragraph 30.7.1 if the employer obtains acceptable alternative employment for an employee.

31. Major Interruption to Operations

31.1 Although a rare event, external factors such as acts of God or malicious acts by a third party or parties, or industrial action, breakdown of machinery or any other act or omission for which the employer is not responsible may result in the closure of the Centres.

31.2 In the first instance options for staff to work at another location will be investigated.

31.3 In instances where this is not possible, staff will be given the opportunity to access available annual and/or long service leave entitlements.

31.4 Where staff are not able to be placed in work pursuant to clause 31.2 or do not elect to access leave entitlements pursuant to clause 31.3, either party may make an application to the Industrial Relations Commission pursuant to s126 of the Industrial Relations Act 1996 for a stand down order.

32. Grievance and Dispute Resolution Procedures

32.1 Procedures relating to grievances of individual employees.

32.1.1 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.

32.1.2 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.

32.1.3 Reasonable time limits must be allowed for discussion at each level of authority.

32.1.4 At the conclusion of the discussion, the employer must provide a response to the employee’s grievance if the matter has not been resolved, including reasons for not implementing any proposed remedy.

32.1.5 While a procedure is being followed, normal work must continue.

32.1.6 The employee may be represented by a union party to this award for the purpose of each procedure.

32.1.7 The grievance may be referred to the New South Wales Industrial Relations Commission by any party for conciliation or arbitration if the matter is unresolved following the use of the above procedure.

32.2 Procedures relating to disputes etc. between the employer and its employees.

32.2.1 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 level of authority.

32.2.2 Reasonable time limits must be allowed for discussion at each level of authority.

32.2.3 While a procedure is being followed, normal work must continue.

32.2.4 The employer may be represented by an industrial organisation of employers and the employees may be represented by a union party to this award for the purpose of each procedure.

32.2.5 If the dispute resolution process is exhausted without the dispute being resolved, the parties may jointly or individually refer the matter to the NSW Industrial Relations Commission for conciliation and/or arbitration.

33. Secure Employment

33.1 Objective of this Clause

The objective of this clause is for the employer to take all reasonable steps to provide its employees with secure employment by maximising the number of ongoing roles in the employer’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

33.2 Casual Conversion

33.2.1 A casual employee engaged by a particular employer on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of six months will thereafter have the right to elect to have their casual contract of employment converted to ongoing full-time employment, or ongoing part-time employment, if the employment is to continue beyond the conversion process prescribed by this clause.

33.2.2 Every employer of such a casual employee will give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of six months. However, the employee retains their right of election under this clause if the employer fails to comply with this notice requirement.

33.2.3 Any casual employee who has a right to elect under paragraph 33.2.1, upon receiving notice under paragraph 33.2.2 or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert their ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer will consent to or refuse the election, but will not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so will be fully stated and discussed with the employee concerned, and a genuine attempt will be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment will be dealt with as far as practicable and with expedition through the disputes settlement procedure.

33.2.4 Any casual employee who does not, within four weeks of receiving written notice from the employer, elect to convert their ongoing contract of employment to full-time employment or part-time employment will be deemed to have elected against any such conversion.

(i) Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with the employer.

33.2.5 If a casual employee has elected to have their contract of employment converted to full-time or part-time employment in accordance with paragraph 33.2.3, the employer and employee will, in accordance with this clause, and subject to paragraph 33.2.3, discuss and agree upon:

(a) whether the employee will convert to fulltime or part-time employment; and

(b) if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this award or pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between the employer and the employee.

33.2.6 Following an agreement being reached pursuant to paragraph 33.2.5, the employee will convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it will be dealt with as far as practicable and with expedition through the disputes settlement procedure.

33.2.7 An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this clause.

33.2.8 The parties recognise the seasonal nature of casual employment at the Centres and acknowledge that regular and systematic work may extend over a number of months on a seasonal basis, but not over the full year. These circumstances will constitute valid grounds for the employer to not unreasonably refuse an employee’s election to convert to fulltime or part time employment (in accordance with paragraph 33.2.3) where the seasonal nature of the work can be demonstrated.

33.2.9 This clause does not apply to casual event staff employees at the Quaycentre in the classification described in subclause 5.3.

34. Work Health and Safety

34.1 Work Health and Safety

34.1.1 For the purposes of this clause, the following definitions will apply:

(a) A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

(b) A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

34.1.2 Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises will do the following (either directly, or through the agency of the labour hire or contract business):

(a) consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

(b) provide employees of the labour hire business and/or contract business with appropriate workplace health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

(c) provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

(d) ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

34.1.3 Nothing in clause 34 is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.

34.2 Disputes Regarding the application of this clause

34.2.1 Where a dispute arises as to the application or implementation of this clause, the matter will be dealt with pursuant to the disputes settlement procedure of this award.

34.3 This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the Australian National Training Authority Ministerial Council.

34.4 The parties to this agreement are committed to continuous improvement in work health and safety (WHS) standards through the implementation of an organisational framework, involving all parties in protecting workers' health and safety.

In addition to initial work health and safety training for employee representatives, employee representatives may undertake one day per annum refresher training at a course, conference or seminar, chosen in consultation with the employer.

35. No Extra Claims

35.1

The Industrial Relations Commission recognises that the parties have provided an undertaking that other than as provided for in the Industrial Relations Act 1996, there will be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to the nominal expiry of the Award unilaterally made by a party to the Award unless otherwise agreed by the parties.

This undertaking does not prevent the Parties from continuing collaborative discussions during the life of the Award to deliver additional enhancements to remuneration and/or conditions of employment, and to achieve additional industry wide and systemic efficiencies and productivity improvements to the delivery of Government services to the public. Changes to conditions or salaries may be jointly progressed and, if agreed, an application to vary the Award may be made by consent prior to the nominal expiry of the Award.

Parties are not prevented from commencing any proceedings with respect to the interpretation, application or enforcement of existing award provisions.

36. Anti-Discrimination

36.1 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.

36.2 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.

36.3 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.

36.4 Nothing in this clause is to be taken to affect:

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

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

36.5 This clause does not create legal rights or obligations in addition to those imposed upon the parties by legislation referred to in this clause.

36.6 Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

37. Area, Incidence and Duration

37.1 This award will regulate the terms and conditions of employment of employees:

(a) of the Government of NSW employed in the Public Service under Division 1, Part 4 of the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority, Department of Planning and Environment in the classifications prescribed by this Award at the Sydney Olympic Park Aquatic, Athletic and Archery Centres, and Satellite Sports Venues, and

(b) not classified as staff members of the management team.

(c) of the Government of NSW employed in the Public Service under Division 1, Part 4 of the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority, Department of Planning and Environment in the classifications prescribed by this Award in connection with (whether indoors or outdoors) any fixture, event, exhibition or performance at the Sydney Olympic Park Quaycentre, or associated facilities.

(d) of the Government of NSW employed in the Public Service under Division 1, Part 4 of the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority, Department of Planning and Environment in the classifications prescribed by this Award, in connection with the gymnastics program, at the Sydney Olympic Park Quaycentre, or associated facilities.

37.2 This award will not apply to employees employed in a security capacity in or in connection with, or in or about (whether indoors or outdoors), the Sydney Olympic Park Aquatic Centre, Sydney Olympic Park Athletic Centre, the Sydney Olympic Park Archery Centre, the Sydney Olympic Park Quaycentre and the Satellite Sports Venues.

37.3 This award will not apply to employees at the Quaycentre who from time to time may perform functions covered by the classification structure in subclause 5.3, who are engaged by the week.

37.4 This award is made following an application by the Industrial Relations Secretary, under section 10 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Department of Planning and Environment) Sydney Olympic Park Authority Managed Sports Venues Award 2022 published on 20 January 2023 (393 I.G. 1087) and reprinted 20October 2023 (395 I.G. 556) and all variations thereof.

37.5 The award will operate from 1 July 2024 and remain in force until 30 June 2027.

PART B

Table 1 - Rates of Pay for Full-Time Classifications under subclause 5.1

Classification Level	Salary from the first full pay period on or after 1 July 2023 (4%) $	Salary from the first full pay period on or after 1 July 2024 (4%) $	Salary from the first full pay period on or after 1 July 2025 ( 3%) $	Salary from the first full pay period on or after 1 July 2026 (3%) $
Level 1	48,022	49,943	51,441	52,984
Level 2	54,011	56,171	57,857	59,592
Level 3	60,026	62,427	64,300	66,229
Level 4	72,009	74,889	77,136	79,450

Table 2 - Hourly Rates of Pay for Casual Employees under subclause 5.2

Classification Level	Hourly Rates from the first full pay period on or after 1 July 2023 (4%) $	Saturday from the first full pay period on or after 1 July 2023 (30% penalty rate loading) $	Sunday from the first full pay period on or after 1 July 2023 (60% penalty rate loading) $	Hourly Rates from the first full pay period on or after 1 July 2024 (4%) $	Saturday from the first full pay period on or after 1 July 2024 (30% penalty rate loading) $	Sunday from the first full pay period on or after 1 July 2024 (60% penalty rate loading) $
Level A	28.08	36.50	44.93	29.20	37.96	46.72
Level B	29.97	38.98	47.96	31.17	40.52	49.87
Level C	31.88	41.43	51.01	33.16	43.11	53.06

Classification Level	Hourly Rates from the first full pay period on or after 1 July 2025 (3%) $	Saturday from the first full pay period on or after 1 July 2025 (30% penalty rate loading) $	Sunday from the first full pay period on or after 1 July 2025 (60% penalty rate loading) $	Hourly Rates from the first full pay period on or after 1 July 2026 (3%) $	Saturday from the first full pay period on or after 1 July 2026 (30% penalty rate loading) $	Sunday from the first full pay period on or after 1 July 2026 (60% penalty rate loading) $
Level A	30.08	39.10	48.13	30.98	40.27	49.57
Level B	32.11	41.74	51.38	33.07	42.99	52.91
Level C	34.15	44.40	54.64	35.17	45.72	56.27

Table 3 - Hourly Rates of Pay for Quaycentre Casual Event Staff Employees under subclause 5.3

Classification Level	Monday to Friday from the first full pay period on or after 1 July 2023 (4%)	Saturday from the first full pay period on or after 1 July 2023 (30% penalty rate loading)	Sunday from the first full pay period on or after 1 July 2023 (60% penalty rate loading)	Public holidays from the first full pay period on or after 1 July 2023 (4%)	Monday to Friday from the first full pay period on or after 1 July 2024 (4%)	Saturday from the first full pay period on or after 1 July 2024 (30% penalty rate loading)	Sunday from the first full pay period on or after 1 July 2024 (60% penalty rate loading)	Public holidays from the first full pay period on or after 1 July 2024 (4%)
	$	$	$	$	$	$	$	$
Level 1	26.74	34.77	42.78	55.59	27.81	36.15	44.50	57.81
Level 2	28.64	37.23	45.82	59.74	29.79	38.73	47.66	62.13
Level 3	31.88	41.44	51.01	66.22	33.16	43.11	53.06	68.87
Level 4	37.92	49.30	60.67	78.86	39.44	51.27	63.10	82.01

Classification Level	Monday to Friday from the first full pay period on or after 1 July 2025 (3%)	Saturday from the first full pay period on or after 1 July 2025 (30% penalty rate loading)	Sunday from the first full pay period on or after 1 July 2025 (60% penalty rate loading)	Public holidays from the first full pay period on or after 1 July 2025 (3%)	Monday to Friday from the first full pay period on or after 1 July 2026 (3%)	Saturday from the first full pay period on or after 1 July 2026 (30% penalty rate loading)	Sunday from the first full pay period on or after 1 July 2026 (60% penalty rate loading)	Public holidays from the first full pay period on or after 1 July 2026 (3%)
	$	$	$	$	$	$	$	$
Level 1	28.64	37.23	45.82	59.54	29.50	38.35	47.20	61.33
Level 2	30.68	39.88	49.09	63.99	31.60	41.08	50.56	65.91
Level 3	34.15	44.4	54.64	70.94	35.17	45.72	56.27	73.07
Level 4	40.62	52.81	64.99	84.47	41.84	54.39	66.94	87.00

Table 4 - Rates of Pay for Full-Time Classifications under subclause 5.4

Classification Level	Salary from the first full pay period on or after 1 July 2023 (4%) $	Salary from the first full pay period on or after 1 July 2024 (4%) $	Salary from the first full pay period on or after 1 July 2025 (3%) $	Salary from the first full pay period on or after 1 July 2026 (3%) $
Level 1	775.80	952.50	981.10	1010.50
Level 2	799.80	981.90	1011.40	1041.70
Level 3	833.00	1022.60	1053.30	1084.90
Level 4	862.20	1058.50	1090.30	1123.00
Level 5	914.20	1122.30	1156.00	1190.70
Level 6	1007.80	1237.40	1274.50	1312.70

*In accordance with Industrial Secretary & Ors v Public Service Association and Professional Officers’ Association Amalgamated Union of New South Wales & Ors (No 2) [2024] NSWIRComm 21, Level 1 was adjusted to accord with the 2024 National Minimum Wage of $915.90 from 1 July 2024 and the increase of 4% applied to the adjusted rate of pay.

Junior Rates for Levels 1, 2 and 3	Percentage of Appropriate Adult Rate
	%
At 16 years and under	55
At 17 years	65
At 18 years	75
At 19 years	85
At 20 years	100

Table 5 - Other Rates and Allowances for Classifications under subclause 5.4

Item No.	Clause No.	Brief Description	Amount Per Week Salary from the first full pay period on or after 1 July 2023 $	Amount Per Week Salary from the first full pay period on or after 1 July 2024 $	Amount Per Week Salary from the first full pay period on or after 1 July 2025 $	Amount Per Week Salary from the first full pay period on or after 1 July 2026 $
1	4.6(a)	Supervisory loadings - up to 5 employees	32.25	33.50	34.50	35.50
2	4.6(b)	Supervisory loadings - 6 to 10 employees	43.70	45.40	46.80	48.20
3	4.6(c)	Supervisory loadings - 11 or more employees	59.30	61.70	63.60	65.50
4	4.7	First-aid allowance	15.60	16.20	16.70	17.20
			3.10	3.20	3.30	3.40
5	4.8	Broken Shift Allowance	16.64	17.30	17.80	18.30

D. CHIN J, Vice President

____________________

Printed by the authority of the Industrial Registrar.

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