RACECOURSES TOTALISATORS (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5807 of 2003)
|
Before Commissioner
Cambridge
|
23 April 2004
|
REVIEWED AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Hours
2. Rostering
and Unavailability
3. Classification
Structure
4. Wages
5. Travel
Allowance
6. Dress
Code and Clothing Allowance
7. Sundays
and Public Holidays
8. Rostered
Employees not Required for Duty
9. Payment
of Wages
10. Meal
Breaks and Crib Breaks
11. Terms of
Employment
12. Shortages
13. Superannuation
14. Consultative
Committee
15. Grievance
Procedure
16. Anti-Discrimination
17. Notice
Board
18. Area, Incidence
and Duration
PART B
MONETARY RATES
Table 1 - Wages
1. Hours
(a) The minimum
engagement shall be the equivalent of the elapsed time between the advertised
starting times of the first local and last local races at the venue at which
the employee is working, plus half an hour.
(b) Starting and
finishing times may be staggered.
(c) Employees who
do not complete the period of minimum engagement due to illness will have their
wages adjusted proportionately.
(d) Where an employee
is late in reporting for duty, the employer may deduct payment for time the
employee is not in attendance.
2. Rostering and
Unavailability
(a) Rosters will
be prepared by employers according to operational requirements and taking into
account employees current availability.
(b) The employer
shall notify all employees of their roster requirements at least one month in
advance. Subject to operational
requirements, where additional staff are required for a fixture, less than one
month’s notice may be given; however, where such notice is of less than two
weeks, attendance will be on a voluntary basis.
(c) Starting times
based on the operational requirements of the racing fixture will be provided
with the roster notice. Such starting
times may be in relation to a particular race.
(d) Employees will
be rostered to the level of positions available on the day. Such positions will be on or below each
employee’s substantive classification.
(e) Except in
emergencies, 14 days’ notice of an employee's unavailability shall be given to
the employer in writing, signed and dated.
(f) Emergency
absences shall be notified as early as possible and confirmed in writing within
seven days and, where appropriate, supported by relevant evidence of the reason
for the absence.
(g) When
unavailability occurs due to an emergency on the day of employment,
notification is to be made by telephone and confirmed in writing within seven
days, supported by relevant evidence of the reason for the absence.
(h) Compulsory
race meetings are those which are notified annually to employees and at which
attendance is compulsory. They are
subject to the following:
(i) They relate
to specific contracts between race clubs and employers under which the employer
provides a totalisator service.
(ii) Before a new
meeting is added to the compulsory meeting calendar it shall be discussed with
the Consultative Committee.
(iii) The first
year that a new compulsory meeting occurs, the employer will provide at least
two months’ notice. Any prior employee
applications for leave which would affect attendance on that date shall be
honoured by the employer without penalty.
(iv) For all
meetings other than those held at Sydney metropolitan racecourses, all employees
for whom a meeting is compulsory will be rostered to work on that day.
3. Classification
Structure
All employees shall be classified in accordance with the
following:
(a) General
Competencies Applicable to all Customer Service Levels -
Professional Competence - Willing to learn and apply
new concepts, consistently reliable and derives satisfaction from meeting the
needs of internal and external customers.
Enthusiasm - Demonstrates high enthusiasm and
perseverance for all aspects of the job and additional responsibilities.
Business Image - Consistent standard of personal
presentation in line with procedures for dress code. Adheres to high social and ethical standards.
Adaptability - Resilient and adaptable. Adjusts easily
to change and to meeting new situations.
Company Policy and Procedures - Is aware of the
appropriate Company policy and procedures, especially as they relate to each
level.
Progression - Must have demonstrated ability for all
competencies as applicable to the relevant employer in the level designated
before progression to next level.
Able to competently operate as:
Level 1 Customer Service Assistant before progression
to Level 2.
Level 2 Customer Service Officer (2A & 2B) before
progression to Level 3.
Level 3 Senior Customer Service Officer (3A & 3B) before progression to Level 4.
The availability of employment at such levels is
subject to operation requirements.
(b) Specific
Competencies -
(i) Level 1 -
Customer Service Assistant -
Customer Service - Must be able to liaise with all
other levels and provide basic information as required to the public.
Use of Technology - Must have a general understanding
of PC keyboard functions. Demonstrates accuracy and speed on betting terminals.
Able to implement the connection of terminals per course layout.
Problem Solving/Decision Making - Required to solve
simple and routine problems with established work routines.
Collection, Analysis and Organisation of Information -
Must be able to provide relevant information with speed and accuracy to
allocated Level 3 (SCO) and customers.
Industry Knowledge - Demonstrates an understanding of
all bet types and course layouts. Displays knowledge of Totalizator Act
1916 applicable to Level 1.
Cash Handling and Movement - Basic cash handling
procedures are required. Demonstrates organisation, speed and accuracy during
transactions.
Balancing - Able to follow procedures. Displays
reliability to ensure accurate balancing.
Planning and Organisation of Activities - Able to carry
out routine tasks where instructions are detailed and supervision is frequent.
Working With Others In Teams/Manage Staff - Able to
work with others undertaking familiar or routine activities.
Communication/Interpersonal Skills - Able to
communicate with other team members and customers. Listens and has the ability to take direction.
(ii) Level 2 -
Customer Service Officer -
Customer Service - Demonstrates a focused attitude to customer
needs. Responds quickly to customer enquiries and takes appropriate action.
Use of Technology - Able to demonstrate an in-depth
understanding of keyboard functions, betting terminals and computer
applications. Operates with accuracy
and speed.
Problem Solving/Decision Making - Required to solve
problems within the defined guidelines.
Refer problems outside guidelines to Level 3.
Collection, Analysis and Organisation of Information -
Occasional use of discretion with regard to presenting information. However,
procedures, guidelines and routines are normally followed.
Industry Knowledge - Able to demonstrate a working
knowledge of all bet types. Displays knowledge of Totalizator Act 1916
applicable to Level 2.
Cash Handling and Movement - High level cash handling
procedures required. Able to deal with high volumes of cash.
Balancing - Follows procedures. Displays a high level
of reliability to ensure complete and accurate balancing.
Planning and Organisation of Activities - Able to carry
out similar tasks; however, instructions are detailed but supervision is less
frequent.
Working With Others In Teams/Manage Staff - Positive
approach to working with others in the workplace. Able to display cooperation
with other team members.
Communication/Interpersonal Skills - Able to
communicate effectively with customers and, as necessary, team members. Uses
more developed communication skills and addresses customer needs.
(iii) Level 3 -
Senior Customer Service Officer -
Customer Service - Demonstrates a highly focused
attitude to customer needs and responds actively to these needs at all times.
Use of Technology - Able to demonstrate the ability to
effectively and efficiently operate two or more terminal types simultaneously.
Problem Solving/Decision Making - Required to solve
problems by translating and interpreting information. May necessitate the
involvement of Level 4 or Operations Manager for an alternative course of
action.
Collection, Analysis and Organisation of Information -
Analysis of information is needed for day-to-day operational purposes. Must use
initiative when communicating information.
Industry Knowledge - Sound knowledge of all bet types
and race club promotions. Displays knowledge of Totalizator Act 1916
applicable to Level 3.
Cash Handling and Movement - Able to deal with high
volumes of large note currency in an effective and efficient manner.
Balancing - Able to balance accurately using two or
more separate accounts. Required to balance at a central point all cash,
cheques, manual transactions, wages, accurately. Responsible for ensuring Level
1 and Level 2 balance.
Planning and Organisation of Activities - Able to
organise activities to minimise disruptions to customers and clients. May be required to assist in the preparation
of work schedules and reallocation of staff.
Working With Others In Teams/Manage Staff - Assist in
and may take responsibility for the coordination of a team’s work. Encourages
team participation to achieve goals. May be required to lead a team.
Communication/Interpersonal Skills - Able to
communicate effectively across all levels of management. Able to prepare and
present written or verbal reports which are limited to a defined work area.
(iv) Level 4
Customer Service Manager -
Customer Service - Ensures other levels are conversant
with expected levels of customer service. Investigate, document and reply to
customer complaints referred by Level 3 (SCO).
Use of Technology - Must be able to understand the
operation of all terminals used on-course in order to effectively and
efficiently deal with problems.
Problem Solving/Decision Making - Problem resolution is
a frequent requirement. Analytical
reasoning is important and although there are some guidelines, they are not
always well defined.
Collection, Analysis and Organisation of Information -
Initiative and judgement are required. The collection and organisation of
information will follow broad guidelines and will deal with a generally
described purpose.
Industry Knowledge - Liaise with club employees. Assist
with club promotions as required and ensure Level 3 staff are aware of
promotions. Sound knowledge of Totalizator Act 1916.
Cash Handling and Movement - Manage the movement of
cash for all levels under direct control. Liaise with security company
regarding the movement of cash/monies.
Balancing - Assists and provides guidance where
necessary to ensure balancing is achieved promptly and accurately.
Planning and Organisation of Activities - Responsible for
organising and prioritising own work and that of Level 3 members to meet
deadlines. May be required to develop
work programs in conjunction with Operations Manager to meet business needs.
Working With Others In Team/Manage Staff - Responsible
for motivation, leadership and direction of Level 3 team. Individual team
members would be responsible for specified activities which contribute to
shared outcomes.
Communication/Interpersonal Skills - Negotiation with
customers, staff and management will be on operational day-to-day matters. Able to produce written reports and
proposals to senior management and customers. Obtaining cooperation and
influencing others may be necessary.
4. Wages
(a) The minimum
rates of pay per hour for work performed between Mondays and Saturdays,
inclusive, shall be the rates as set out in Table 1 - Wages, of Part B,
Monetary Rates.
(b) Employees
graded as Levels 2 and 3 will be entitled to be paid the 2B or 3B rate where
the position requires a higher level of skill within the competencies for that
level. This is only applicable where
the additional skills and competencies required do not exceed the maximum
requirement of the designated level. In
the event that the skills and competencies required exceed the designated level,
the rate for the next level shall be paid.
(c) A probationary
employee undertaking assessment and training will not be entitled to any
payment under this award until the person works at a race meeting selling to
the public.
(d) The hourly
rates of pay as set out in Table 1 - Wages, of Part B, Monetary Rates, include
a 20 per cent casual loading and a proportionate annual leave payment
calculated in accordance with the Annual Holidays Act 1944. Where State Wage Case decisions prescribe an
adjustment as a flat weekly dollar amount, the hourly base rates will be
adjusted by one thirty-eighth of the weekly amount, plus 20 per cent, with a
consequential adjustment to the annual leave payment.
(e) The rates of
pay in this award include adjustments payable under the applicable State Wage
Case. These adjustments may be offset against:
(1) any equivalent
overaward payments; and/or
(2) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
5. Travel Allowance
(a) Employees
shall be paid the travel allowance as set out in Table 1 - Wages, of Part B,
Monetary Rates.
(b) This allowance
is to compensate employees for the cost of fares in travelling to and from
racecourses as required by the employees’ roster.
(c) Where an
employee has to travel more than 150 kilometres one way to a venue, the
reimbursement for such travel will be agreed between the employer and employee
prior to the travel being undertaken.
6. Dress Code and
Clothing Allowance
(a) Employees
shall comply with the following dress code:
White business shirt and tie for men.
White shirt with white collar for women.
Trousers or skirt to be navy blue Acceptable footwear,
not including thongs, ug boots or joggers.
Jackets when worn are to be navy blue In lieu of a
white shirt, operators may wear a blue chambray shirt, as nominated by the
employer.
(b) Where the
employer requires a distinctive tie, scarf, vest, sash or similar item to be
worn it is the employer’s obligation to provide such item.
(c) An employee
not appropriately attired under this code will not be permitted to commence
work.
(d) Employees
shall be paid the clothing allowance as set out in Table 1 - Wages, of Part B,
Monetary Rates.
7. Sundays and Public
Holidays
(a) Employees who
are required to work on the public holidays listed in subclause (b) of this
clause shall receive an additional amount of 100 per cent of ordinary pay.
(b) New Year’s
Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day,
Queen’s Birthday, Labour Day, Christmas Day and Boxing Day, together with any
other day which may be proclaimed as a public holiday for the State, shall be
public holidays for the purpose of this award.
(c) Employees who
are required to work on a Sunday shall receive an additional amount of 75 per
cent of ordinary pay for their classification.
(d) Leave is
reserved to the parties to apply in respect of the rate for Sunday work.
8. Rostered Employees
Not Required for Duty
(a) If a race meeting
is cancelled or postponed three hours or more before an employee’s rostered
starting time, no payment is due.
(b) If a race
meeting is cancelled or postponed less than three hours before an employee’s
starting time but before work has started, payment will be made for two hours
at the rostered level for that meeting.
(c) If a race
meeting is cancelled or postponed after an employee has commenced work, payment
will be made for the minimum engagement at the rostered level for that meeting
or hours worked, whichever is the greater.
9. Payment of Wages
(a) Wages shall
either be paid on the day of the fixture or weekly, and payment of wages may be
made by means of payment by cash, cheque or electronic funds transfer (EFT) at
the option of the employer.
(b) Where EFT is
used as the method of payment, the employee shall have the right to nominate
the account into which the funds are to be paid.
(c) The employer
shall bear the costs incurred by payment of wages into an employee’s account,
i.e., the cost of the actual transfer of funds from the employer’s account to
that of the employee. The employer will
not bear the costs of the further operation of that account by the employee.
(d) Wages paid by
EFT shall be available to the employee no longer than three business days after
the nominated pay period.
(e) When wages are
paid, an employee shall be provided with a statement showing at least the gross
payment and all deductions that have been made therefrom. If wages are paid by cash, such statement
may be handed to the employee or noted on the envelope (if one is used)
containing the payment. When payment is made by cheque, the statement shall
accompany the cheque. When payment is
made by EFT, the statement shall be given or posted to the employee by no later
than the next engagement after the transfer of funds into the employee’s
account.
(f) Where the
option of EFT is introduced by the employer, that option shall not be exercised
for a period of one month to enable employees to be advised of that introduction
and to make appropriate arrangements as to accounts, etc.
(g) Employees are
to be paid for the actual time worked, with pay calculated to the next even
five minutes.
(h) Employees
shall comply with employer requirements for recording attendance and starting
and finishing times.
10. Meal Breaks and
Crib Breaks
(a) When the
rostered work period is four hours or less, no crib break will be
provided. For each two hours thereafter
a paid 15-minute crib break will be provided.
(b) Subject to operational
requirements, crib breaks are to be taken at the discretion of the employer,
but are not to be commenced less than 45 minutes after the start of work and
must be concluded at least 30 minutes prior to an employee’s finishing time,
unless agreed to by the employee.
11. Terms of
Employment
(a) The basis of
employment is casual, with an obligation to comply with a rostering system as
set out in clause 3, Rostering and Unavailability.
(b) All new
employees will be on probation for three months or 12 race meetings, whichever
is the longer.
(c) In any case
where the employer decides that it will cease to engage a person who is
registered with such employer as available to carry out any one or more of the
duties of a classification as set out in this award, the employer shall, within
21 days of the date on which such person was last employed in any one of the
classifications referred to, notify such person that his or her name has been
removed from the register of persons available for employment and provide
reasons for such removal.
(d) Subclause (c)
of this clause shall not affect the right of an employer to dismiss an employee
instantly for dishonesty, refusal of duty or misconduct and in such cases wages
shall be payable up to the time of dismissal only.
12. Shortages
(a) An employee
shall be responsible for the repayment of any shortages only in accordance with
the provisions of this clause, provided that any loss of any money which is the
result of the faulty operation of any machine or electrical or mechanical
system shall not be classified as a shortage.
(b) An employee
who incurs a shortage as a result of forgery or theft, not due to his or her
own dishonesty, misconduct or negligence, shall not be responsible for the
repayment of such shortage.
(c) In order that
this clause shall be fully effective, it shall be a condition of this award
that full disclosure is made of each and every variance in cash balances.
(d) Employees
shall be notified in writing as soon as reasonably practicable of any alleged
shortage and, if not notified at the meeting where the shortage occurs, within
seven days of such meeting.
(e) An employee
who wishes to dispute his or her responsibility for a shortage must notify the
employer in writing within seven days of receipt of written notice of the
shortage from the employer.
(f) Should any
dispute arise in connection with a shortage or the operation of this clause,
the Secretary or other accredited officer of the union shall have the right to
discuss the matter with a representative of Tab Limited.
(g) Should any
dispute arise in connection with any deficiency of money alleged to be a
shortage, or the operation of this clause, the dispute may be referred to the
Industrial Registrar for the purpose of conciliation and/or arbitration by the
Industrial Relations Commission of New South Wales.
(h) Where the
employee is notified of the shortage within the period prescribed by subclause
(d) of this clause, the employer may, on each engagement until the whole shortage
is satisfied, deduct an amount on account thereof from the wages due to the
employee, provided that the amount to be deducted shall not exceed the
percentages of the employee’s wages as set out in subclause (i) of this clause;
provided, further, that in the case of dishonesty or in the case of termination
of services, the full amount of the wages due may be retained by the employer.
(i) The maximum
amounts that may be deducted are:
Shortages up to a total of $1000.00 - 15% of wages.
Shortages totalling more than $1000.00 - 25% of wages.
13. Superannuation
(a) The subject of
superannuation is dealt with extensively by federal legislation including the Superannuation
Guarantee (Administration) 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). The
legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties.
(b) If, during the
currency of this award, employee entitlements under the said legislation are
altered to the detriment of any employee, leave is reserved to the union to
seek a variation of this clause.
14. Consultative
Committee
(a) Joint
Consultative Committees will be established by each employer, comprising three
management representatives and three representatives elected by all the
employees.
(b) Such
committees will meet at regular intervals to discuss operational and related
matters. The committees will not deal with grievances, industrial relations
issues, or Occupational Health and Safety matters.
(c) Each of the
employee representatives shall receive a minimum payment of two hours at their
respective classification level for attendance at each meeting of the
committee.
15. Grievance
Procedure
(i) Procedures
relating to grievances raised by individual employees:
(a) The employee
is required to notify (in writing or otherwise) the supervisor as to the
substance of their grievance, request a meeting with a representative of Tab
Limited for bilateral discussions and state the remedy sought.
(b) This procedure
will allow for review/determination to be elevated to whatever level is
necessary within the organisation for resolution.
(c) As such complaints
or grievances are best resolved within the immediate area of employment, any
employee with a grievance concerning employment should initially raise their
complaint/grievance with their immediate supervisor.
(d) Reasonable
time limits must be allowed for discussion at each level of authority.
(ii) Procedure
relating to disputes between an employer and employees - In the event of a
question, dispute or difficulty arising:
(a) The employees
are required to notify (in writing or otherwise) the supervisor as to the
substance of their grievance, request a meeting with a representative of Tab
Limited for bilateral discussions and state the remedy sought.
(b) This procedure
will allow for review/determination to be elevated to whatever level is necessary
within the organisation for resolution.
(c) Should the
dispute remain unresolved, the matter may be referred to an official of the
Union, who shall discuss it with a representative of Tab Limited. If necessary, the State Secretary of the
Union and the relevant employer association or consultant may also be involved
in discussions at this stage.
(d) In the event
of no agreement being reached at this stage, the dispute may be referred to the
Industrial Relations Commission of New South Wales.
(e) Reasonable
time limits will be allowed for discussion at each level of authority, but
undue delay should be avoided.
(f) While the
procedure is being followed, normal work will continue. "Normal work"
shall mean the situation existing immediately prior to the dispute or the
matter giving rise to the dispute.
16.
Anti-Discrimination
(a) 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.
(b) It follows
that, in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to ensure the provisions
of this award are not directly or indirectly discriminatory in their
effects. It will be consistent with
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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(1) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(2) offering or providing
junior rates of pay to persons under 21 years of age;
(3) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(4) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
17. Notice Board
The employer shall provide a notice board of reasonable
dimensions in a prominent position in the main totalisator houses in each
enclosure of the courses, upon which accredited union representatives shall be
permitted to post formal union notices, signed by the representative positing
them.
18. Area, Incidence
and Duration
The award published 11 February 2000 (313 I.G. 385) rescinds
and replaces the Racecourse Totalisators (State) Award published 20 November
1998 (307 I.G. 240) and all variations thereof and the Racecourse Totalisators
(State) (Wages) Award published 20 November 1998 (307 I.G. 249) and all
variations thereof.
This award shall apply to the classes of employees employed
at any horse, trotting and greyhound courses within the State, excluding the
county of Yancowinna, in respect of fixtures where either the TAB is operating
or Inter-City link wagering is available.
The changes made to the award pursuant to the Award Review
under section 19(6) of the Industrial Relations Act 1996 and Principle
26 of the Principles for Review of Awards made by the Industrial Relations
Commission of New South Wales on 28 April 1999 (310 I.G. 359) take effect on
and from 23 April 2004.
This award remains in force until varied or rescinded, the
period for which it was made already having expired.