WIN Sports and Entertainment Centres Australian Workers' Union (State) Award 2024

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Industrial Relations Secretary.

 

(Case No. 274778 of 2024)

 

 

AWARD

 

ARRANGEMENT

 

The conditions of employment contained in Part A of this award apply to all employees.

 

The conditions of employment contained in Part B of this award apply only to all non-managerial employees.

 

The conditions of employment contained in Part C of this award apply only to all managerial employees.

 

PART A

 

ALL EMPLOYEES

 

Clause No.        Subject Matter

 

1.        Title

2.        Definitions

3.        Parties

4.        Intention

5.        No Extra Claims

6.        Application

7.        Period of Operation

8.        Terms of Engagement

9.        Rates of Pay

10.      Payment of Wages

11.      Superannuation and Salary Sacrificing

12.      Income Protection

13.      Training

14.      Meal Breaks and Allowances

15.      Annual Leave and Annual Leave Loading

16.      Long Service Leave

17.      Sick Leave

18.      Personal Carers Leave

19.      Bereavement Leave

20.      Time off in Lieu / Make up Time / Roster Days

21.      Parental Leave

21A.    Leave related to miscarriage and fertility treatment

22.      Leave for Matters arising from Domestic and Family Violence

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

24.      Jury Service

25.      Introduction of Change

26.      Classification Level and Salary Point

27.      Disputes Procedure

28.      Role of the Union

29.      Consultative Committee

30.      Anti-Discrimination

31.      Secure Employment

 

PART B - GENERAL EMPLOYEES

 

32.      Classifications

33.      Termination of Employment

34.      Hours of Work

35.      Overtime and Time Off In Lieu

36.      Meal Breaks and Allowances

37.      First Aid Allowance

38.      Public Holidays

39.      Uniforms and Protective Clothing

40.      Multi-Hiring

 

PART C - MANAGEMENT EMPLOYEES

 

41.      Duties and Responsibilities

42.      Remuneration

43.      Provision of a Vehicle

44.      Termination

45.      Hours of Work

46.      Confidentially

47.      Professional Indemnity

48.      Resources

49.      Professional Development

50.      Expenses

 

PART D - MONETARY RATES

 

Table 1 - Non-annualised Employees Rates of Pay

Table 2 - Casual Employees Rates of Pay

Table 3 - Annualised Employees Rates of Pay

Table 4 - Management Employees Rates of Pay

Table 5 - Other Rates and Allowances

 

PART A

 

ALL EMPLOYEES

 

1.  Title

 

1.1      This award will be known as the WIN Sports and Entertainment Centres Australian Workers’ Union (State) Award 2024.

 

2.  Definitions

 

“Annualised Employee” means an employee receiving an annualised salary in a classification contained in Table 3 of part D - Monetary Rates of the award.

 

"Employee" means a person employed by the Venues NSW Staff Agency at the WIN Sports and Entertainment Centres on an ongoing full-time, ongoing part-time, temporary or casual basis.

 

"General Employee" means an employee engaged in a classifications contained in Tables 1, 2 or 3 of Part D - Monetary Rate of the award.

 

“Non-Annualised Employee” means an employee engaged and remunerated in a classification contained in Tables 1 or 2 of Part D - Monetary Rates of the award.

 

"Management Employee" means an employee engaged in a classification contained in Table 4 of Part D - Monetary Rates of the award.

 

"Union" means the Australian Workers Union, New South Wales.

 

"WSEC" means the WIN Sports and Entertainment Centres.

 

3.  Parties

 

3.1      The parties to this award are:

 

a.        Venues NSW

 

b.        The Venues NSW Staff Agency

 

c.        The Industrial Relations Secretary; and

 

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

 

4.  Intention

 

4.1      The parties to this Award acknowledge that good industrial relations are central to the effective and efficient operation of facilities controlled by the WIN Sports and Entertainment Centres and thereby providing the workforce with fair and equitable rates of pay, stability of income and employment, whilst providing the community of the Illawarra with first class sporting, entertainment and recreation facilities.

 

5.  No Extra Claims

 

5.1      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.

 

5.2      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.

 

6.  Application

 

6.1      This Award is binding on Venues NSW, the Venues NSW Staff Agency, WSEC, employees of the Venues NSW Staff Agency working for the WSEC, and the Australian Workers Union (New South Wales Branch) representing their members employed at the WSEC, in respect of the employment conditions and rates of pay for the Venues NSW Staff Agency employees engaged in the operation, maintenance and administration of grounds and facilities operated and/or controlled by the WIN Sports and Entertainment Centres."

 

 

7.  Period of Operation

 

7.1      This award will come into effect from 1 July 2024 and remains in force for three years. This award rescinds and replaces the WIN Sports and Entertainment Centres Australian Workers’ Union (State) Award 2023 published 21 July 2023 (394 I.G. 838), and any variation thereof.

 

7.2      The award stands alone. All other agreements and awards are excluded from having any application to employees of the Venues NSW Staff Agency working for the WSEC while performing the work covered by the award.

 

8.  Terms of Engagement

 

8.1      Employees under this Award will be engaged as Ongoing (full-time or part-time), Temporary or Casual employees as defined in Section 43 of the Government Sector Employment Act 2013.

 

8.2      Ongoing and temporary non-annualised full-time employees, will be paid the rate of pay for the appropriate skill level as set out in of Table 1 of Part D, Monetary Rates.

 

8.3      Ongoing and temporary annualised full-time employees will be paid the rate of pay for the appropriate skill level as set out in Table 3 of Part D, Monetary Rates. Ongoing and temporary annualised part-time employees will be paid pro-rata the rate for the appropriate skill level as set out in Table 3 of Part D, Monetary Rates. Further terms of engagement for annualised salaried employees are set out in clause 33 of Part B, Overtime and Time off in Lieu.

 

8.4      Ongoing and temporary non-annualised part-time employees will be engaged to work flexible hours and rosters to meet the needs of the business as agreed in advance between the WSEC and the employee concerned, provided that such lesser hours are no fewer than 80 hours per month or 4 hours per shift.

 

8.5      Part-time non-annualised employees will be paid pro-rata the rate for the appropriate skills level as set out in Table 1 of Part D Monetary Rates. The provisions of subclause8.4 of this Clause will apply to part-time employees in addition to the other provisions of this award, with the exception that sick leave, annual leave loading and family leave will be allowed on a pro-rata basis.

 

8.6      Casual employees will be employees employed by the hour and will be employed for a minimum of three (3) hours per engagement.

 

8.7      All employees may be requested to attend training. When employees have been rostered on or requested to attend for training         there will be a minimum shift engagement of (2) hours per training engagement.

 

8.8      The WSEC may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training, provided that such duties are not designed to promote de-skilling.

 

8.9      Despite any other provision of this Award, the WSEC is not required to pay wages to any employee for any day on which that employee cannot be usefully employed because of any strike.

 

9.  Rates of Pay

 

9.1      The rates of pay in this Award take into account structural efficiency changes and safety net wage increases available up to the date of its making; and include a loading in lieu of penalty rates on Saturday and Sundays.

 

9.2      The ordinary hourly rates of pay relating to persons employed under this award are those applying in Tables 1, 2, 3 and 4 of Part D attached hereto.

 

9.3      An employee will only be classified and paid at a higher level of skill if the WSEC has a vacancy at that level and the employee has attained the necessary skills and has been accredited and appointed to a higher level. The employee will be paid the rate for that classification regardless of the actual task carried out in the enterprise.

 

9.4      An employee who is required to perform work, for a temporary period, at a higher skill level than that which is normally performed will be paid at the appropriate higher wage rate whilst performing such duties, provided that the work so performed extends beyond four hours.

 

9.5      A non-annualised or annualised salaried employee who, during a single period of relief of 5 working days or greater, is required to perform the duties of a Manager and, in the opinion of the appropriate Agency Head, satisfactorily performs the whole of the duties and assumes the whole of the responsibilities of that role will be paid by allowance any difference between the employee’s present salary and the salary to which the employee would have been entitled if appointed to that Management role.

 

9.6      When the employee undertakes a proportion of the duties and responsibilities of the relief role an allowance will be paid to reflect the percentage of duties undertaken, for example if an employee undertakes 50% of the duties and responsibilities of the substantive occupant during the relevant period a 50% allowance would be payable.

 

10.  Payment of Wages

 

10.1    All moneys payable to employees will be paid fortnightly by electronic funds transfer.

 

10.2    For each pay period the employee will be supplied with a written statement showing how the pay has been made up and including details of any deductions.

 

11.  Superannuation and Salary Sacrificing

 

11.1    The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and Section 124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the Superannuation rights and obligations of the parties.

 

11.2    Subject to the requirements of this legislation, superannuation contributions may be made to either ASSET (Australian Superannuation Savings Employment Trust), Australian Super, or HESTA (Health & Community Services Industry Fund) on a monthly basis on behalf of employees engaged under the provisions of this award.

 

SALARY SACRIFICE TO SUPERANNUATION

 

11.3    Notwithstanding the salaries as varied by Clause 9, Rates of Pay of this award an employee may elect, subject to the agreement of the WSEC, to sacrifice a portion of the salary payable under Clause 9 Rates of Pay of this award to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed may be up to one hundred (100) percent of the salary payable under Clause 9, Rates of Pay of this award.

 

11.4    Where the employee has elected to salary sacrifice a portion of their salary to additional employer superannuation contributions:

 

i.         Subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion; and

 

ii.        Any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to an employee’s salary, will be calculated by reference to the salary which would have applied to the employee under Clause 9, Rates of Pay of this award in the absence of any salary sacrifice to superannuation made under this award.

 

11.5    Where an employee elects to salary sacrifice in terms of subclause 11.3 above, the WSEC will pay the sacrificed amount into the relevant superannuation fund.

 

12.  Income Protection

 

12.1    All ongoing and temporary weekly employees and regularly employed casuals (being casuals rostered for more than 20 hours in any 28 day period) will be covered by a Sickness and Accident Income Protection Plan approved and endorsed by the union.

 

12.2    It is a term of this award that the WSEC will bear the costs of one percent of gross weekly award rate of pay per member towards providing income protection with a minimum of $4.00 up to a maximum of $8.00 per month, for regularly employed casuals (as defined).

 

13.  Training

 

13.1    The WSEC acknowledges its commitment to provide its employees with career paths and access to more varied, fulfilling and better paid jobs through training.

 

13.2    No employee will be required to perform work at a level of skill for which that employee has not been suitably trained. In accordance with the needs of the enterprise, training will be provided to enable employees to qualify for classification to, and to make a contribution at, higher levels of skill, by the application of a Training Program.

 

13.3    The WSEC will accept responsibility for the organisation of ‘on-the-job’ training but employees will assist as required in the training of other employees. For training ‘off-the-job’ the WSEC will accept responsibility for arranging the training in all cases where the WSEC requests such training to meet staffing requirements.

 

13.4    The WSEC will pay at the classified level of skill during all training undertaken in normal working hours. For training undertaken ‘off-the-job’ and outside normal working hours, and approved by the WSEC as being in accordance with the need of the enterprise, the company will pay all necessary fees and the cost of essential textbooks, literature and stationery.

 

13.5    An employee who undertakes one or more tasks, but not all the tasks, at a higher level of skill than that to which the employee is accredited, as part of their training for qualification to that higher level, will continue to be paid at the classification level rate for which the employee has been accredited.

 

14.  Meal Breaks and Allowances

 

14.1    Full-time and part-time employees

 

i.         All employees will be allowed an unpaid meal break of 45 minutes duration, to be taken between five to six hours after the commencement of work (depending on the need of the WSEC). Each subsequent unpaid meal break of similar duration will be taken between five to six hours after the time of the previous meal.

 

14.2    Casual Employees

 

i.         All casual employees who work for more than five consecutive hours will be entitled to an unpaid meal break of 45 minutes duration, to be taken according to the needs of the WSEC before six hours have elapsed. After each subsequent five-hour period from the time of the first entitlement the employee will be given a further meal break under similar conditions.

 

ii.        Casual employees who work at least four hours will be entitled to a paid refreshment break of ten minutes duration during that shift, to be taken at the place of work and at a time to suit the needs of the WSEC.

 

 

 

15.  Annual Leave and Annual Leave Loading

 

15.1    The annual leave provisions will be governed by the Annual Holidays Act 1944 (NSW) as amended.

 

15.2    All ongoing and temporary employees will be entitled to four weeks annual leave for each completed year of service, less the period of annual leave taken.

 

Note: For part-time employees the entitlement under this subclause, expressed in hours, is pro-rata the entitlement of fulltime employees.

 

15.3    Ongoing and temporary employees engaged as General Employees under Tables 1 or 3 of Part D of this award will accrue at the anniversary of their employment a loading equal to seventeen and a half percent of their ordinary pay for four weeks.

 

15.4    Annual leave loading will be paid on a pro-rata basis on each occasion an employee takes annual leave in the leave loading year, except as provided for in subclause 15.9 of this clause, up to the maximum amount specified in subclause 15.3.

 

15.5    The taking of annual leave will as far as practicable be taken at a mutually agreed time and for a mutually agreed duration up to the maximum entitlement contained herein.

 

15.6    Under no circumstances will annual leave be allowed to accrue above the entitlement for a period of two years.

 

15.7    No employee will be recalled from annual leave once they have commenced such leave, without the re-crediting of that proportion of the leave already used and the re-imbursement of any additional expenses incurred by the employee as a consequence of such recall.

 

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

 

15.9    An employee and employer may agree to defer payment of annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

16.  Long Service Leave

 

16.1    Prior to 1st September 2005, employees are entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1955.

 

16.2    For continuous service post 1st September 2005, employees will accrue long service leave as follows:

 

a.        Ten weeks paid leave after ten years’ service, and thereafter,

 

b.        Five weeks paid leave on the completion of each additional five years’ service.

 

Note: For part-time employees the entitlement under this subclause, expressed in hours, is pro-rata the entitlement of fulltime employees.

 

16.3    Such leave accrual will not apply to any long service leave that has accrued prior to 1st September 2005.

 

17.  Sick Leave

 

17.1    A full time employee will be entitled to 10 days sick leave per year. Part-time employees will be entitled to a proportionate amount of sick leave.

 

17.2    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. Such accumulation will be limited to benefits up to a maximum of 100 days paid leave.

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

 

17.4    Where an employee is ill or incapacitated on a rostered day or shift off they 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.

 

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

 

17.6    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, state the nature of the injury or illness, and the estimated duration of the absence.

 

18.  Personal Carers Leave

 

18.1    An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 18.3.2 of this subclause, who need the employee’s care and support, will be entitled to use, in accordance with the subclause, any current or accrued sick leave entitlement provided for in Clause 17, Sick Leave, of this Part for absences to provide care and support for such persons when they are ill.  Such leave may be taken for part of a single day.

 

18.2    The employee will, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person.  In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

18.3    The entitlement to use sick leave in accordance with this subclause is subject to:

 

18.3.1 The employee being responsible for the care and support of the person concerned; and

 

18.3.2 The person concerned being:

 

a.         a spouse of the employee, or

 

b.        a de facto spouse, who, in relation to a person, is a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

c.         a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

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

 

e.         a relative of the employee who is a member of the same household, where for the purpose of this paragraph:

 

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

 

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

 

"household" means a family group living in the same domestic dwelling.

 

18.4    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 leave 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 of such absence at the first opportunity on the day of absence.

 

Unpaid Leave for Family Purpose

 

18.5    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 18.3.2 above who is ill.

 

19.  Bereavement Leave

 

19.1    A full-time or part-time employee will be entitled to a maximum of three (3) days leave without loss of pay on each occasion and on the production of satisfactory evidence of the death within Australia of a parent (including foster parent and parent-in-law), grandmother, grandfather, wife, husband, de facto wife, de facto husband, sister, brother, child, stepchild or grandchild.

 

20.  Time Off in Lieu/Make Up Time/Roster Days

 

20.1    Time Off in Lieu of Payment of Overtime

 

20.1.1 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 twelve (12) months of the said election.

 

20.1.2 Overtime taken as time off during ordinary time hours will be taken at the ordinary time rate that is an hour for each hour worked.

 

20.1.3 If, having elected to take time as leave in accordance with paragraph 20.1.1 of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates will be made at the expiry of the twelve (12) month period or on termination.

 

20.1.4 Where no election is made in accordance with the said paragraph 20.1.1, the employee will be paid overtime rates in accordance with the award.

 

20.2    Make-up Time

 

20.2.1 An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during 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.

 

20.3    Rostered days off

 

20.3.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

20.3.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

20.3.3 An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employer or employee.

 

20.3.4 Where a dispute may arise in respect of this subclause, the disputes procedure as provided for in clause 25 of this award will be followed.

 

21.  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

 

21.1    Definitions

 

21.1.1 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.

21.2    Paid Parental Leave

 

21.2.1 Employees are entitled to up to 14 weeks Paid Parental Leave if:

 

(a)       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

 

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

 

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

 

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

 

21.2.3 Pregnant employees may start Paid Parental Leave up to 9 weeks before their expected date of birth.

 

21.2.   Employees who are eligible for paid parental leave in accordance with 21.2.1 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.

 

21.2.5 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.

 

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

 

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

 

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

 

21.2.7 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.

 

21.2.8 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).

 

21.2.9 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.

 

21.3    Unpaid Parental Leave

 

21.3.1 In addition, an employee is entitled to unpaid parental leave where:

 

(a)       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

 

(b)       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

 

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

 

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

 

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

 

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

 

21.3.3 An employee on parental leave does not have to return to work to access a further period of parental leave.

 

21.3.4 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 cl. 21.12.1.

 

21.4    Calculation of Paid Parental Leave

 

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

 

21.4.2 Paid Parental Leave may be paid:

 

(a)       in advance as a lump sum;

 

(b)       fortnightly as normal;

 

(c)       fortnightly at half pay; or

 

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

 

21.4.3 A full-time employee who is on part-time leave without pay when they start parental leave is paid:

 

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

 

(b)       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

 

(c)       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.

 

21.4.4 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:

 

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

 

(b)       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

 

(c)       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.

 

21.5    Concurrency of Paid Parental Leave

 

21.5.1 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 clause 21.6.

 

21.6    Flexibility for taking Paid Parental Leave

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

21.6.4 The Agency Head will consider and respond to the request in writing within 21 days.

 

21.6.5 If the Agency 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.

 

21.7    Other accrued leave in conjunction with parental leave

 

21.7.1 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.

 

21.7.2 An employee may take available recreation leave at half pay with parental leave provided that:

 

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

 

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

 

(c)       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.

 

21.8    Pregnancy related illness and alternative duties

 

21.8.1 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.

 

21.8.2 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 Agency Head must consult with the employee and take all reasonable steps to arrange safer alternative duties or adjustments.

 

21.8.3 Safer alternative duties or adjustments include but are not limited to:

 

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

 

(b)       changing duties temporarily;

 

(c)       retraining;

 

(d)       multiskilling;

 

(e)       redesigning their role.

 

21.8.4 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 Agency 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.

 

21.9    Further periods of parental leave

 

21.9.1 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.

 

21.9.2 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.

 

21.9.3 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.

 

21.10  Leave for a pre-term birth

 

21.10.1           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.

 

21.10.2           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.

 

21.10.3           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.

 

21.10.4           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 clause 21.2 and clause 21.3.

21.10.5           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 clause 21.2.

 

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

 

21.10.7           When accessing paid Special Pre-Term Parental Leave, the employee must notify the Agency Head as soon as practicable of:

 

(a)       the amount of leave required; and

 

(b)       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.

 

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

 

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

 

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

 

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

 

21.11  Leave for a stillbirth

 

21.11.1           A employee who gives birth to a stillborn child has access to paid parental leave in accordance with clause 21.2 or may elect to take available sick leave.

 

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

 

21.12  Leave prior to an adoption

 

21.12.1           In addition to the paid parental leave available at clause 21.2, 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.

 

21.12.2           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.

 

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

 

21.13.1           To assist employees with parental responsibilities, an employee who has been granted parental leave in line with clause 21.2, Paid Parental Leave, can apply to the Agency Head to:

 

(a)       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

 

(b)       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).

 

21.13.2           An employee intending to apply to return from parental leave part time (in line with clause 21.13.1) must write to the Agency 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 Agency Head agrees.

 

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

 

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

 

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

 

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

 

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

 

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

 

21.13.4           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 Agency Head. 

 

21.13.5           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). 

 

21.14  Returning to work

 

21.14.1           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.

 

21.14.2           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.

 

21.14.3           An employee does not have the right to their former role if they return to work part time. If the Agency 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.

 

21.15  Notice requirements

 

21.15.1           The Agency 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.

 

21.15.2           An employee who is an intended parent in an altruistic surrogacy arrangement must notify the Agency Head at least 8 weeks before the expected due date. The employee must give the Agency 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.

 

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

 

(a)       their intention to take leave; and

 

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

 

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

 

21.15.4           At least four weeks before the expected commencement of parental leave, the employee must advise the Agency Head of:

 

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

 

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

 

21.15.5           Once an employee or their partner gives birth, they must notify the Agency Head of the date of birth as soon as convenient.

 

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

 

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

 

21.16  Evidence requirements

 

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

 

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

 

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

 

(c)       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;

 

(d)       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 21.1.1(i).  A copy of the legal order as defined in 21.1.1(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.

 

21.16.2           To access bonus paid parental leave Agency Head may require evidence of this such as:

 

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

 

(b)       a statutory declaration from the employee.

 

21.17  Communication requirements

 

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

 

(a)       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

 

(b)       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.

 

21.17.2           The employee will take reasonable steps to inform the Agency Head of any significant matter that will affect the employee’s decision about:

 

(a)       the duration of parental leave;

 

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

 

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

 

21.17.3           The employee will notify the Agency Head of any changes to their address and contact details which may affect the Employer’s capacity to comply with clause 21.17.1.

 

21A.  Leave Related to Miscarriage and Fertility Treatment

 

21A.1  Leave for a miscarriage

 

21A.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.

 

21A.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.

 

21A.1.3          When accessing paid Special Miscarriage Leave, the employee must notify the Agency Head as soon as reasonably practicable of:

 

(a)       the amount of leave required; and

 

(b)       the anticipated date of return to duty.

 

21A.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.

 

21A.2  Leave for fertility treatment

 

21A.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.

 

21A.2.2          Special Fertility Treatment Leave does not accumulate, and employees may take it in:

 

(a)       part days

 

(b)       single days

(c)       consecutive days.

 

21A.2.3          Paid Special Fertility Treatment Leave is not available to the partner of the person undergoing fertility treatment.

 

21A.2.4          When accessing paid Special Fertility Treatment Leave, the employee must notify the Agency Head as soon as is reasonably practicable of:

 

(a)       the amount of leave required, and

 

(b)       when they expect to return to work.

 

21A.2.5          To access paid Special Fertility Treatment Leave, the employee may need to provide a medical certificate that confirms the treatment.

 

22.  Leave for Matters Arising from Domestic and Family Violence

 

22.1    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.

22.2    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.

 

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

 

22.4    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.

 

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

 

22.5.1             seeking safe accommodation or establishing safety;

 

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

 

22.5.3             attending court and other legal proceedings relating to their experience of domestic and family violence;

 

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

 

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

 

22.5.6             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.

 

22.6    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.

 

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

 

22.8    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.

 

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

 

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

 

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

 

22.9.3             a medical certificate;

 

22.9.4             a statutory declaration by the employee experiencing domestic and family violence; or

 

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

 

22.10  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.

 

22.11  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.

 

22.11.1           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.

 

22.11.2           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.

 

22.12  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:

 

22.12.1           payslips,

 

22.12.2           he employee’s personnel file, or

 

22.12.3           rosters.

 

22.13  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.

 

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

 

22.14.1  have experienced, or are experiencing, domestic and family violence;

 

22.14.2  use the paid domestic and family violence leave provisions; or

 

22.14.3     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.

 

22.15  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.

 

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

 

23.1    Employees providing care and support to a member of their family or household experiencing domestic and family violence may, if the criteria is met, access existing leave entitlements including:

 

23.2    Personal Carers Leave (Clause 18); or

 

23.1    Bereavement Leave (Clause 19); or

 

23.2    The “family” or “household” member that the employee is providing care and support to must meet the definition of these terms, as referred to at:

 

23.2.2 Clause 18 Personal Carers Leave

 

23.2.1 Clause 19 Family and Community Service Leave

23.3    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 18, Sick Leave – Requirements for Evidence of Illness of this award or any other form of evidence that is considered acceptable by the employer such as a statutory declaration.

 

23.4    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.

 

24.  Jury Service

 

24.1    An ongoing or temporary employee required to attend for jury service will be reimbursed by the WSEC the difference between the amount received for the service and the amount the employee would have earned for ordinary hours, on production of evidence of payment received for the service.

 

25.  Introduction of Change

 

25.1    Where the WSEC has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the WSEC will notify the employees who may be affected by the proposed changes, and the union, if the employees are members.

 

25.2    "Significant effects" include termination of employment, major changes in the composition of the WSEC workforce or in the skills required; the elimination or diminution of job opportunities, promotions opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. However, where this award makes provision for alteration of any of the matters referred to herein, an alteration will be deemed not to have a significant effect.

 

25.3    The WSEC will discuss with the employees affected and, if they are members of the union, the union, inter alia, the introduction of the changes referred to in subclause 25.1 of this clause, the effects the changes are likely to have on employees and will give prompt consideration to matters raised by employees and, if they are members of the union, by their union, in relation to the changes.

 

25.4    The discussions will commence as early as practicable after a definite decision has been made by the WSEC to make the changes referred to in subclause 25.1 of this clause.

 

25.5    For the purpose of such discussion, the WSEC will provide in writing to the employees concerned and, if they are members of the union, to their union, 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. However, the WSEC will not be required to disclose confidential information, the disclosure of which would be contrary to the WSEC’s interests.

 

26.  Classification Level and Salary Point

 

26.1    The WSEC will provide in writing to each employee, a brief job description and the level upon which they are being employed and whether they will be remunerated as either a non-annualised or annualised employee.

 

26.2    An employee may request on an annual basis a performance and skills review if they believe their work, level of responsibility or skill have changed significantly enough to warrant an upgrade to a new salary point or level.

 

264.3  Employees may be appointed to their classification level and salary point on the wages structure according to the level of job performance, responsibility, skills, experience and work to be carried out.

 

 

 

 

 

27.  Disputes Procedure

 

27.1    All grievances and disputes relating to the provisions of this award will initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the Agency, if required.

 

27.2    An employee is required to notify in writing their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

27.3    Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes it impractical for the employee to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Agency Head or delegate.

 

27.4    The immediate manager, or other appropriate employee, will convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

27.5    If the matter remains unresolved with the immediate manager, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager will respond within two (2) working days, or as soon as practicable. The employee may pursue the sequence of reference to successive levels of management until the matter is referred to the Agency Head.

 

27.6    The Agency Head may refer the matter to the Industrial Relations Secretary for consideration.

 

27.7    If the matter remains unresolved, the Agency Head will provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

27.8    An employee, at any stage, may request to be represented by the Union.

 

27.9    The employee or the Union on their behalf or the Agency Head may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

27.10  The employee, Association, Union and the Industrial Relations Secretary will agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

27.11  Whilst the procedures outlined in subclauses 27.1 to 27.10 of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty will continue unless otherwise agreed between the parties, or, in the case involving work health and safety, if practicable, normal work will proceed in a manner which avoids any risk to the health and safety of any employee or member of the public.

 

28.  Role of the Union

 

28.1    Union Commitment

 

The union commits itself to promote a harmonious and productive workplace environment in which employees are committed to the organisation. Every effort will be made to ensure that the dispute settlement procedures are followed and industrial disruption is avoided.

 

In recognition of this, the following procedure will be implemented:

 

28.1.1 Attendance at the work site.

 

Properly accredited officials of the union will have the right, subject to security arrangements, to enter the work site to observe the performance of work and to talk to employees, after notifying his presence on the worksite to managements. The union will be provided with appropriate access to employees to promote the benefits of union membership.

 

28.1.2 Union/Employer Co-operation.

 

To facilitate union membership, the WSEC will:

 

a.         Provide payroll deduction services for union fees. Such fees will be remitted to the union on a monthly/fortnightly basis with enough information supplied to enable the union to carry out a reconciliation;

 

b.        Supply all employees with an application form to join the union at the same time as employees are provided with their taxation declaration form;

 

c.         Provide the union with access to talk to all new employees at all induction training. In this regard the WSEC will organise such access for the union in a way which is conductive to the union being able to give a presentation to as small a group as practicable;

 

d.        Ensure that all supervisors are trained in the provisions of the award and the employer’s policy on union membership.

 

28.1.3 Role of the union delegate

 

a.         For the purpose of the union conducting their business on a day-to-day basis, the WSEC will recognise duly elected/appointed union delegates.

 

b.        Union delegates will be allowed reasonable time during work hours to interview the WSEC or the WSEC’s representatives on matters affecting employees.

 

c.         Union delegates will be allowed reasonable time during working hours to discuss with individual union members any matters pertaining to their work.

 

d.        Union delegates will be allowed to meet with their union official(s) to discuss issues, which may need to be progressed either in the consultative committee or via the dispute settling procedure. Such meetings whilst in paid time will be determined following consultation with the employer.

 

28.14  Investigating Complaints

 

For the purpose of investigating complaints concerning the application of this Award, a duly accredited union representative will be afforded reasonable facilities for entering an employer’s worksite during working hours, subject to the following conditions:

 

a.         The representative discloses to the WSEC nominee the complaint which is to be investigated;

 

b.        The representative conducts such investigations in the presence of the WSEC’s Nominee;

 

c.         The representative does not interfere with work proceeding in the workshop or plant;

 

d.        The representative conducts themselves properly.

 

29.  Consultative Committee

 

29.1    A consultative committee made up of management and the workplace union representatives will meet on a bi-monthly or an as-required basis for the purpose of reviewing the implementation of this award and other workplace issues which might arise from time to time.

29.2    Minutes of each meeting will be kept and made available to the WSEC or the union if required.

 

30.  Anti-Discrimination

 

30.1    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.

 

30.2    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.

 

30.3    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.

 

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

 

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

 

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

 

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

 

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

 

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

 

31.  Secure Employment

 

31.1    Work Health and Safety

 

31.1.1 For the purposes of this subclause, 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.

 

31.1.2 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 occupational 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.

 

31.1.3 Nothing in this subclause 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.

 

31.2    Disputes Regarding the Application of this Clause

 

31.2.1 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.

 

31.3    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.

 

PART B

 

GENERAL EMPLOYEES

 

32.  Classifications

 

32.1    Employees will perform all duties required by the WSEC within their skill and competence, to ensure the elimination of demarcation barriers preventing an employee from performing the whole job. At times, these duties may require an employee to perform tasks incidental to their normal activities in order to ensure events are staged in the most cost-efficient manner possible.

 

32.2    Subject to subclause 32.1 of this clause, general employees will be advised in writing of their employment relating to the following classification structure:

 

32.3    LEVEL 1

 

32.3.1 Will be an employee with no qualifications or relevant industry experience, who performs duties of a routine nature, requiring the use of minimal judgement and direct supervision.

 

Such an employee will be undertaking either on-the-job or off-the-job structured training relevant to the enterprises’ needs.

 

32.3.2 A Level 1 employee will perform the work of a Level 2 but under direct supervision. The maximum period of employment for an employee as a Level 1 employee will be 380 hours.

 

32.3.3 Provided that an employee who hasn’t demonstrably reached the standard of performance required by the WSEC justifying progression to Level 2, will be counselled and provided the appropriate additional training and be allowed the opportunity to achieve the standard required for a period of a maximum of four (4) additional weeks, prior to a further review of their performance. After such additional period the employment of the individual will either be terminated or they will be reclassified to a higher level or offered an alternative role.

 

 

32.4    LEVEL 2

 

32.4.1 Will be an employee who has completed some structured training relevant and/or experience to the operational needs of the WSEC, and who is continuing such training, or has recognised industry experience appropriate to the WSEC’s needs.

 

32.4.2 A Level 2 employee will, in addition to the skills of a Level 1 operative be able to perform a majority of the following:

 

i.         Assist with the on-the-job training of Level 1 employees, to a limited degree;

 

ii.        Exercise intermediate keyboard skills with instructions;

 

iii.       Demonstrated ability to work from instructions or procedures;

 

iv.       Have a demonstrated understanding of general office, or box office, or cash control or staging or stadium procedures;

 

v.        Demonstrated customer service skills;

 

vi.       Able to work effectively as a member of a small team under general technical, trade or administrative supervision;

 

vii.      Demonstrated knowledge of occupational health and safety requirements relating to the operation of Public Venues

 

viii.     Knowledge of safe handling procedures in regards to tools and chemicals

 

32.4.3 Indicative tasks for Level 2 will include but not be limited to:

 

Events Employees	Grounds Building and Technical Employees	Administration & Client Support
Usher	Labourer	General Receptionist
Crowd control, which does not	Cleaner	Basic Clerical duties
require a security licence.
	General Grounds Assistant	Maintenance of simple records
General Attendant
	Trades Assistant	Basic Client Liaison
Ticket Seller
Customer Service Assistant	Stage Hand
Sales Assistant	Driver

 

32.5    LEVEL 3

 

32.5.1 Will be an employee who has completed structured training and/or experience recognised by the WSEC as relevant and appropriate to perform within the scope of this Level or has industrial experience appropriate to the WSEC’s needs.

 

32.5.2 An employee at this Level will assist with the training and development of employees at Levels 1 and 2.

 

32.5.3 An employee at this Level will exercise discretion within one’s own level of skill and training, whilst taking responsibility for the quality of one’s own work (subject to routine supervision). A person at this level will also be a person who typically holds a trade or equivalent qualification and/or experience.

 

32.5.4 Indicative tasks at this level would include:

 

Events Employees	Grounds Building Technical Employees	Administration & Client Support
Can perform function of Level 2 but in addition includes:	Can perform function of Level 2 but in addition includes:	Can perform function of Level 2 but in addition includes:
Supervisors of Ushers/crowd	Trades - Groundsmen	Client Services Officer
control	Trades - Technicians Cleaner	Non-qualified
		Bookkeeper
		Bookings Clerk
		Personal Assistant

 

32.6    LEVEL 4

 

32.6.1 Will be an employee who is engaged in supervising, training and co-ordinating employees and who is responsible for the maintenance of service and operational standards across a mixed trade team.

 

32.6.2 Indicative tasks and competencies for a Level 4 employee would include:

 

Events Employees	Grounds Building Technical Employees	Administration & Client Support
	Typical work at this Level includes:	Typical work at this Level includes:
	Maintenance Supervisor	Bookkeeper
	Operations Supervisor
	Technical Supervisor
	Grounds Keeper

 

32.7    Level 5

 

32.7.1 Will be an employee who is a holder of a post trade qualification or technical qualification relevant to the WSEC’s operations or will have worked or studied in a relevant field and/or have specialist knowledge, qualifications and experience.

 

32.7.2 A Level 5 employee will be directly responsible to the Executive Management for the operation and policy development relating to a discreet workforce or site.

 

32.7.3 Indicative tasks and competencies for a Level 5 employee would include:

 

Events Employees	Grounds Building Technical Employees	Administration & Client Support
	Typical work at this Level includes:	Typical work at this Level includes:
	Operations Coordinator	IT/Systems Coordinator
		Accounts Officer

 

32.8    Progression to succeeding levels within the above structure will be dependent on a demonstrated capacity to perform the functions required and availability of a vacant role.

 

33.  Termination of Employment

 

33.1    Employment may be terminated by either the WSEC or the employee at any time during the week by the giving of the following notice (except as provided by subclause 8.3 of Clause 8 Terms of Engagement of Part A, and subclause 33.6 of this clause):

 

Period of Continuous Service	Period of Notice
Over 1 year and up to the completion of 3 years	2 weeks
Over 3 years and up to the completion of 5 years	3 weeks
Over 5 years	4 weeks

Plus one extra week for employees over 45 years of age with not less than two years continuous service (except in the case of an employee giving notice).

 

33.2    An employee who fails to give the appropriate notice may have moneys withheld to the equivalent of the notice period required, and not given.

 

33.3    The WSEC will not terminate an employee’s employment for reasons related to the employee’s conduct, performance, malingering or inefficiency, unless the employee has been given the opportunity to defend himself or herself against the allegations made or the WSEC could not reasonably be expected to give the employee that opportunity.

 

33.4    An employee who has been given notice will be allowed up to one day as time off without loss of pay (at a time convenient to the WSEC) for the purpose of seeking another job.

 

33.5    Following a request from the terminated employee, the WSEC will provide a written statement of the period of employment and the type of work performed.

 

33.6    The WSEC may dismiss any employee without notice for neglect of duty or misconduct. In such case the employee will be paid only up to the time of dismissal.

 

33.7    The employment of a casual employee may be terminated by either the WSEC or the employee without the giving of notice. However, the WSEC will pay wages for the minimum period as set out in subclause 8.4 of Clause 8 Part A, Terms of Engagement, providing the employee works for the remainder of the minimum period if required to do so.

 

34.  Hours of Work

 

The ordinary hours of work can be rostered Monday to Sunday, inclusive, subject to the following:

 

34.1    Hours of Work (Ongoing and Temporary Employees)

 

34.1.1 To suit the needs of the enterprise, ordinary hours will be worked on a rostered basis over a fortnightly period with the following limitations;

 

a.         A maximum of 76 ordinary hours will be worked in any one fortnightly period.

 

b.        A maximum of 10 ordinary hours will be worked in any 24 hours period.

 

34.2    The ordinary hours will be rostered to give employees four clear days off in 14, and, at least two lots of consecutive days off in 28.

 

34.3    Rosters (Ongoing and Temporary Employees)

 

34.3.1 Rosters will be provided at least seven days in advance, unless such changes are mutually agreed. Roster changes given with less than seven days’ notice will incur a penalty of 50 per cent of the appropriate skill level rate to be applied to any shifts worked for which less than seven days’ notice has been given.

 

34.3.2 If a changed roster is advised with less than seven days but more than 48 hours’ notice, it will be obligatory for employees to work the roster. If notice is less than 48 hours it will be optional for the employees to work the roster.

 

34.4    Rosters (Casual Employees)

 

34.4.1 Casuals will be rostered to meet the requirement of the enterprise. Should a casual be advised of a cancellation or shortening of roster with less than four (4) hours’ notice they will be paid for half of the number of hours rostered originally.

 

 

35.  Overtime and Time Off in Lieu

 

35.1    Overtime based on the payment of time and one half for the first two hours and double time thereafter for work on other than Public Holiday will be paid to a non-annualised full-time or part-time employee, in the following circumstances:

 

a.        For all hours worked in excess of 10 per shift

 

b.        For all hours worked in excess of 76 in a fourteen day cycle

 

35.2    Overtime based on the payment of time and one half for the first two hours and double time thereafter for work on other than Public Holiday will be paid to a casual employee engaged under the provisions of Section B of Part D, for all hours worked in excess of 10 per shift.

 

35.3    An employee who has worked between midnight and 6:00am (and has commenced work before 5:00 am), will be provided with a meal by the WSEC or be paid the amount as set out in Item 2 of Table 5 - Other Rates and Allowances, of Part D, Monetary Rates, for each meal break occurring before finishing time.

 

35.4    Non-annualised employees may take time off in lieu of overtime payments as agreed between the employee and employer. Such time off will be taken at the ordinary time rate, that is an hour for each hour worked.

 

35.5    Notwithstanding subclauses 35.1, 35.2 and 35.3 of this Clause, employees engaged as annualised employees will work hours and rosters to meet the needs of the business subject to the following:

 

a.        Employees can work up to 20 hours per twenty eight (28) day cycle in excess of 152 hours without the payment of overtime or time off in lieu. The number of hours worked by part-time annualised employees without the payment of overtime or time off in lieu will be based on their normal working week hours e.g. an employee working 3/5 of a normal 38 hour working week can work up to 3/5 of 20 hours per twenty-eight (28) day cycle without the payment of overtime or time off in lieu.

 

b.        All hours worked in excess of 172 hours per twenty-eight (28) day cycle (or pro-rata hours for part-time annualised employees) will be accrued as time off in lieu, at overtime rates, and taken at a time and date agreed between the employer and the employee.

 

c.        ‘Overtime rates’ in above paragraph 35.5 (b) are defined as time and one half (1½) for the first two hours worked, and double (2) time thereafter, during each shift worked.

 

d.        The calculation of time ‘worked’ during each twenty-eight (28) day cycle includes hours away from the workplace on public holidays, annual leave and sick leave.

 

e.        Employees may only accrue a maximum amount of 76 hours in time in lieu at any given time.

 

d.        It is agreed by the parties that the annualised salaried employees will receive a 10-hour break between shifts wherever possible.

 

35.6    The employer will monitor the hours of work of employees so that no employee works excessive hours which might contribute to an occupational health and safety problem for the employee concerned, other employees or patrons of the WSEC.

 

36.  Meal Breaks and Allowances

 

36.1    Employees who are required to work through a meal break will be paid at the rate of time and a half for the period when the meal break would have been taken.

 

36.2    All employees will be allowed a paid refreshment break of ten minutes, to be taken at the place of work and at a time to suit the needs of the enterprise.

37.  First Aid Allowance

 

37.1    An employee who holds and appropriate first-aid certificate and who is appointed by the WSEC to perform first-aid duties, in addition to ordinary work, will be paid an allowance per day as set out in Item 3 of Table 5 - Other Rates and Allowances, of Part D, Monetary Rates, in addition to the wage rate as set out in Table 1 or Table 3 - Rates of Pay, of the said Part D.

 

38.  Public Holidays

 

38.1    The days on which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day, Boxing Day, Union Picnic Day (being the first Tuesday after Easter) or any proclaimed days in lieu thereof throughout the State will be holidays without deduction from the wages due to any employee for the week in which such holiday or holidays occur.

 

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

 

38.1.2 Part-time employees are entitled to paid absence on a public holiday only when the public holiday falls on a day that is regularly worked by the employee (working days as defined in the part-time employee’s employment agreement). When a public holiday falls on a non-working day, the part-time employee is not entitled to paid absence.

 

38.2    Entitlement to paid absence on the Union Picnic Day will only apply to non-annualised and annualised employees who are members of the Union.

 

38.3    Any full-time or part-time 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 will receive double time and a half based on the ordinary hourly rate for the appropriate non-annualised classification.

 

38.4    Where the Picnic Day referred to in subclause 36.2 of this Clause falls on a bump-in, bump-out or an event day, the employer will organise an alternative union picnic day at a time agreeable between management and the workplace union representatives.

 

39.  Uniforms and Protective Clothing

 

39.1    Where employees are required to wear a branded uniform they will provided free of charge.

 

39.2    Where items of clothing referred to in subclause 39.1 are required to be cleaned and maintained by the employee the provisions of Part D Table 5, herein, will apply.

 

39.3    The WSEC commits to providing appropriate protective clothing for employees as is deemed necessary to provide a safe working environment for Trust employees.

 

39.4    The WSEC will have the right to determine a dress or uniform code for all employees covered by this award, which may include a particular style and colour of dress, which is practical to the working environment, such items will be provided by the employee.

 

39.5    All uniform items, protective clothing and other tools provided by the WSEC will remain the property of the WSEC and will, upon demand be returned to the WSEC in reasonable conditions. Upon termination, monies owed to the employee may be withheld until such time as this subclause is complied with by the employee.

 

 

 

 

40.  Multi-Hiring

 

40.1    Employees may be separately engaged as casual employees (whether they hold non-annualised roles or not) for duties in a separate section of the WSEC’s operations covered by this award from that in which the employee engages in their ordinary employment. For the purpose of this clause a "section" will mean a discrete work location other than the employee’s usual work location, or alternatively, may mean a discrete set of duties other than the employee’s usual duties, provided such duties are not wholly or substantially performed in the employee’s usual work location, and will not apply to work where overtime would normally be performed.

 

40.2    An Operator engaged for stage productions will be remunerated at the appropriate tech rate for the duration of such engagement.

 

40.3    The arrangements entered into under this clause will be mutually agreed and recorded in writing at the time.

 

PART C

 

MANAGEMENT EMPLOYEES

 

41.  Duties and Responsibilities

 

41.1    The employee will:

 

41.1.1 Satisfactorily carry out the duties and responsibilities set out in the role description as provided to the employee upon commencement in that role;

 

41.1.2 take all necessary steps to meet the Performance Management Plan that will;

 

a.         promote the best interests of the WSEC; and

 

b.        perform all duties imposed by law.

 

41.2    The employee will assist in the implementation of decisions and policies of the WSEC.

 

41.3    It is accepted that the duties and responsibilities set out in the position description may vary from time to time, by agreement, in writing, between the WSEC and the employee.

 

41.4    In addition, notwithstanding subclause 41.3 of this Part, if one of the Management Team leaves, or the business of the WSEC changes significantly, the WSEC reserves the right to vary the duties and responsibilities set out in the role description following consultation with the employee.

 

41.5    Employees agree that employment is subject to a Code of Conduct that is based on a need for accountable, honest and responsible behaviour.

 

42.  Remuneration

 

42.1    The employee will be paid a salary in accordance with the employee’s relevant level, as detailed in the letter of appointment and the role description, and within the salary range as set out in Table 4 of Part D Monetary Rates.

 

42.2    The salary paid under subclause 42.1 of this clause is compensation for all hours worked, including work on public holidays and weekends.

 

42.3    Superannuation will be based on the employee’s salary, excluding the provision of a motor vehicle.

 

43.  Provision of a Vehicle

 

43.1    An employee may be provided with a vehicle as part of their employment.

43.2    Where a vehicle is supplied in accordance with this clause it will be a fully maintained vehicle for private use and business use (to a standard agreed and approved by the WSEC), with fuel supplied, except when the employee uses the vehicle when on leave.

 

43.3    The WSEC agrees to pay any liabilities involved in Fringe Benefits Tax through the provision of the motor vehicle.

 

44.  Termination

 

44.1    Where an employee is to be terminated, the following notice period will apply.

 

a.        By the employee giving two (2) months’ notice, with the Venue Manager authorised to approve a shorter period (of up to a minimum of one (1) month) with the employee, if considered essential.

 

b.        By the WSEC with one (1) month notice in writing or by the payment of one (1) month’s pay in lieu of notice by the WSEC, where the employee does not meet the duties and responsibilities as specified in Clause 2 Duties and Responsibilities of this Part.

 

c.        By the WSEC, without notice, if the employee commits any act that could entitle the WSEC to summarily dismiss the employee including:

 

i.         any serious or persistent breach of any conditions of employment

 

ii.        grave misconduct including dishonesty or fraud in the discharge of the employee’s duties to the WSEC

 

iii.       wilful neglect or disobedience in the discharge of the employee’s duties to the WSEC

 

iv.       conviction of an offence precluding or inhibiting the further performance of duties under the employee’s contract.

 

d.        By the WSEC if satisfied that the employee is permanently incapacitated as a consequence of injury or illness and is unable to continue to perform the duties of the position. A termination under this clause will constitute a medical retirement and the WSEC may consider appropriate financial retirement arrangements.

 

44.2    Upon termination of employment, the employee will immediately return all property of the WSEC to the WSEC.

 

44.3    The provisions of Clause 25 Introduction of Change apply, notwithstanding the provisions of this Clause.

 

45.  Hours of Work

 

45.1    The employee acknowledges that this is a senior managerial role and that the hours of work performed will be such as to meet the needs of the organisation, the duties and responsibilities and may include evening and weekend activity.

 

45.2    Employees agree to devote the whole of their time and attention during working hours, and such other time as may be deemed reasonably necessary, to the business of the WSEC.

 

46.  Confidentially

 

46.1    Confidentiality in respect to the WSEC’s affairs must be appropriately maintained at all times. The employee must not use any property, information or knowledge of the WSEC in a manner that would not be in the best interest of the WSEC.

 

46.2    Any intellectual property invented or created by the employee as a result of his/her employment under this contract will remain the property of the WSEC, unless agreed in writing with Venues NSW.

47.  Professional Indemnity

 

47.1    The WSEC will indemnify the employee against any loss or claim made by a third party or cause of action of any kind arising out of their employment, provided the employee acted honestly, diligently and in good faith.

 

48.  Resources

 

48.1    The WSEC will ensure that resources and personnel as identified at the time of appointment or as varied by agreement between the WSEC and the employee, are available to the employee to enable him/her to adequately perform the duties and responsibilities outlined in the role description.

 

48.2    These resources may include the provision of a mobile phone.

 

49.  Professional Development

 

49.1    It is agreed that it is the responsibility of the employee to keep informed of developments in the profession and to develop professional knowledge and ability in accordance with current management theories.

 

49.2    Where in pursuance of these aims, the employee is granted permission by the WSEC to attend a conference, seminar, short term study course or the like, the WSEC will meet all associated costs and will continue payment of full salary and benefits to the employee.

 

48.  Expenses

 

49.1    The employee is entitled to be reimbursed those expenses legitimately and reasonably incurred in conducting and managing the arrangements of the Venues and a part of the duties outlined in the employee’s role description.

 

PART D

 

MONETARY RATES

 

Table 1 - General Employees Non-Annualised Rates of Pay

 

Non-annualised rate of pay for a week not exceeding 38 ordinary hours.

 

Increases are effective from the beginning of the first pay period to commence on or after the dates in the column headings

 

Classification	Step	Ordinary Non-annualised Rate	FFPP –on or after 4 July 2024	FFPP –on or after 4 July 2025	FFPP –on or after 4 July 2026
		4 July 2023
		$ Per Annum	+4% $ Per Annum	+3% $ Per Annum	+3% $ Per Annum
Level 1	1	46,855	48,729	50,191	51,697
Level 2	1	48,755	50,705	52,226	53,793
	2	49,349	51,323	52,863	54,449
	3	50,958	52,996	54,586	56,224
Level 3	1	52,446	54,544	56,180	57,866
	2	53,841	55,995	57,674	59,405
	3	56,333	58,586	60,344	62,154
Level 4	1	57,225	59,514	61,299	63,138
	2	59,324	61,697	63,548	65,454
	3	61,812	64,284	66,213	68,199
	4	68,570	71,313	73,452	75,656
	5	75,318	78,331	80,681	83,101
Level 5	1	81,753	85,023	87,574	90,201
	2	89,732	93,321	96,121	99,005
	3	96,712	100,580	103,598	106,706
	4	106,383	110,638	113,957	117,376
	5	117,024	121,705	125,356	129,117

 

Employees engaged under Table 1, above will be paid 1.125 times the appropriate ordinary hourly rate for each hour, or part thereof, worked between the hours of midnight and 6am on all days, excepting Public Holidays as described in clause 8 of Part B.

 

Table 2 - Casual Employees Rates of Pay

 

Casual Hourly Rates for Employees engaged on all occasions except for Public Holidays.

 

Increases are effective from the beginning of the first pay period to commence on or after the dates in the column headings.

 

Classification	Step	Ordinary Hourly Rate	FFPP on or after 4 July 2024	FFPP on or after 4 July 2026	FFPP on or after 4 July 2027
		4 July 2023
		$ Per Hour	+34% $ Per Hour	+3% $ Per Hour	+3% $ Per Hour
Level 1	1	29.55	30.73	31.65	32.60
Level 2	1	30.73	31.96	32.92	33.91
	2	31.13	32.38	33.35	34.35
	3	32.29	33.58	34.59	35.63
Level 3	1	33.07	34.39	35.42	36.48
	2	33.94	35.30	36.36	37.45
	3	35.51	36.93	38.04	39.18
Level 4	1	36.10	37.54	38.67	39.83
	2	37.43	38.93	40.10	41.30
	3	38.96	40.52	41.74	42.99

 

Casual employees will be paid the hourly rate at the Steps in each Level upon the accumulation of ordinary hours worked overtime at the site. The maximum period of employment at Level 1 will be 380 hours. In the succeeding Levels 2 through 3; progression to each Step will occur at the accumulation of 800 hours per Step for all employees, except ushers. Ushers will progress to each Step after working 380 hours per Step.

 

Employees engaged under Table 2, above will be paid 1.125 times the appropriate ordinary hourly rate for each hour, or part thereof, worked between the hours of midnight and 6am on all days, excepting Public Holidays as described in clause 8 of Part B herein.

 

JUNIOR RATES

 

Employees engaged as non-annualised employees or as casuals under the provisions of Table 1 or Table 2, above, who are less than 18 years of age will be paid according to the following scale:

 

Under 17 years of age - 80% of the appropriate rate.

 

Under 18 years but more than 17 years - 90% in the appropriate rate.

 

18 years and older - 100% of the appropriate rate.

 

Provided that the scale contained above relates to employees engaged at Levels 1 and 2, performing functions other than cleaning and labouring as defined in clause 2 of Part B.

 

Table 3 - Annualised Salary Employees Rates of Pay

 

Employees engaged under annualised salary packages for all incidents or work under this award.

 

Increases are effective from the beginning of the first pay period to commence on or after the dates in the column headings

 

Classification	Step	Salary per Annum	Salary per Annum	Salary per Annum	Salary per Annum
		4 July 2023	FFPP on or after 4 July 2024	FFPP on or after 4 July 2025	FFPP on or after 4 July 2026
		$	+4% $	+3% $	+3% $
Level 1		N/A	N/A
Level 2	1	61,348	63,802	65,716	67,687
	2	62,100	64,584	66,522	68,517
	3	64,486	67,065	69,077	71,150
Level 3	1	65,990	68,630	70,688	72,809
	2	67,748	70,458	72,572	74,749
	3	70,884	73,719	75,931	78,209
Level 4	1	72,013	74,894	77,140	79,455
	2	74,647	77,633	79,962	82,361
	3	77,784	80,895	83,322	85,822
	4	86,280	89,731	92,423	95,196
	5	94,777	98,568	101,525	104,571
Level 5	1	102,876	106,991	110,201	113,507
	2	112,912	117,428	120,951	124,580
	3	121,694	126,562	130,359	134,269

 

Table 4 - Management Employees Rates of Pay

 

Increases are effective from the beginning of the first pay period to commence on or after the dates in the column headings.

 

Level	Pay Point	Salary per Annum	Salary per Annum	Salary per Annum	Salary per Annum
		4 July 2023	FFPP on or after 4 July 2024	FFPP on or after 4 July 2025	FFPP on or after 4 July 2026
		$	+4% $	+3% $	+3% $
2	Maximum	159,941	166,339	171,329	176,469
	Minimum	140,915	146,552	150,948	155,477
1	Maximum	136,127	141,572	145,819	150,194
	Minimum	126,825	131,898	135,855	139,931

 

Table 5 - Other Rates and Allowances

 

		FFPP on or after 4 July 2024 +4%		FFPP on or after 4 July 2024 +3%		FFPP on or after 4 July 2024 +3%
	Allowance	Ongoing/ temporary employee $	Casual employee   $	Ongoing/ temporary employee $	Casual employee   $	Ongoing/ temporary employee $	Casual employee   $
1	Laundry Allowance	19.50 Per week	1.80 Per shift	19.59 Per week	1.80 Per shift	20.18 Per Week	1.85 Per shift
2	Meal Allowance	14.19	14.19	14.26	14.26	14.69	14.69
3	First Aid Allowance	3.66 Per shift	3.66 Per shift	3.68 Per shift	3.68 Per shift	3.79 Per shift	3.79 Per shift
4	Offensive Matter Cleaning Allowance	4.55 Per day	4.55 Per shift	4.58 Per day	4.58 Per shift	4.72 Per day	4.72 Per shift
5	Leading Hand Allowance
	3 to 10 employees	48.55 Per week	1.53 Per hour	48.78 Per week	1.54 Per hour	50.24 Per Week	1.59 Per hour
	11 to 20 employees	57.65 Per week	1.89 Per hour	57.92 Per week	1.90 Per hour	59.66 Per week	1.96 Per hour
	More than 20 employees	69.15 Per week	2.27 Per hour	69.49 Per week	2.28 Per hour	71.57 Per week	2.35 Per hour

 

 

 

D. CHIN J, Vice President

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.