CLUB EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, an
industrial organisation of employees.
(No. IRC 3530 of 2004)
Before The Honourable
Justice Schmidt
|
5 July 2004
|
AWARD
Table of
Provisions
Clause No. Subject Matter
PART A - PRELIMINARY
1 Area,
Incidence and Duration
2. Definitions
3. Mixed
Functions
4. Payment
of Wages
5. Time and
Wages Records
6. Structural
Efficiency
7. Terms of
Employment
PART B -
CLASSIFICATIONS AND HOURS OF WORK
8. Classifications
9. Hours of
Work - Existing Employees
10. Hours of
Work - New Employees
11. Voluntary
Exemption Agreements
12. Apprentices
13. Juniors -
Clerical Only
14. Overtime
15. Saturday
and Sunday Rates - All Employees
16. Public
Holidays - All Employees
17. Additional
Rostered Days Off
18. Tea Break
19. Agreement
Forms
PART C - ALLOWANCES
20. Board and
Lodgings
21. First Aid
Allowance
22. Special
Clothing
23. Tool
Allowance
24. CPI
Increases
PART D - LEAVE
25. All
Employees
26. Full-time
and Part-time Employees
PART E - DISPUTE
RESOLUTION
27. Authorised
Stopwork Meetings
28. Right of
Entry to Union Officials
29. Grievance
Procedure
30. Settlement
of Disputes
PART F -
SUPERANNUATION
31. Definitions
32. Enrolment
33. Contributions
34. Remitting
Payments
35. Records
36. Time and
Wages Records
37. Casual
Employees
38. Unpaid
Contributions
39. Exemptions
PART G - TRAINING
40. Prescribed
Standard of Training
41. Industry
Training Contract
42. Training -
General
43. Training
Wages
PART H - GENERAL
44. General
Conditions
45. Other
Conditions
45A. Deduction of
Union Membership Fees
46. Anti
Discrimination
PART I - REDUNDANCY
AND TECHNOLOGICAL CHANGE
47. Application
48. Introduction
of Change
49. Redundancy
50. Termination
of Employment
51. Severance
Pay
PART J - MONETARY
RATES
Table 1 - Rates of
Pay
Table 2 - Other Rates
and Allowances
Table 3 - Trainee
Rates - Industry/Skill Level A
Table 4 - Trainee
Rates - Industry/Skill Level B
PART K - APPENDICES
Appendix A - Training Requirements under Award
Restructuring
PART A
Preliminary
1. Area Incidence and
Duration
1.1 This Award
shall apply to all persons employed in clubs in the State of New South Wales,
excluding the County of Yancowinna, within the jurisdiction of the Club
Employees (State) Industrial Committee.
This award shall not apply to employees who are covered
by the Club Managers (State) Award.
1.2 This award is
made pursuant to section 10 and section 17 of the Industrial Relations Act
1996 and rescinds and replaces the Club Employees (State) Award published 20
October 2000 (319 I.G. 589).
1.3 It shall take
effect on and from 5 July 2004 and remain in force for a period of three years.
2. Definitions
2.1 Except where
the context otherwise provides the masculine gender shall include the feminine
gender and vice-versa and words in the singular number shall include the plural
and vice-versa.
2.2 The ordinary
hourly rate shall mean the appropriate classification rate of the work being
done by a full time employee inclusive of the minimum classification rate,
supplementary payments and the non-adjustable amount.
2.3 Time and one
half shall mean 1½ times the ordinary hourly rate.
2.4 Time and three
quarters shall mean 1¾ times the ordinary hourly rate.
2.5 Double time
shall mean 2 times the ordinary hourly rate.
2.6 Double time
and one half shall mean 2½ times the ordinary hourly rate.
2.7 Full Sporting
Club means a club which is treated as a full sporting club for the purposes of
Section 23 of the Income Tax Assessment Act 1936 (Cth).
2.8 The Union
shall mean the Australian Liquor, Hospitality & Miscellaneous Workers
Union, Liquor & Hospitality Division, NSW Branch.
2.9 RCA shall mean
The Registered Clubs Association of New South Wales. Where RCA appears it could also be the Licensed Clubs Association
of Australia (LCA) or Employers’ First.
2.10 Rostered Day
Off shall mean a continuous period of 24 hours where an employee is rostered
off duty.
2.11 Rostered Day
shall mean the 24 hour period between midnight and midnight that an employee is
rostered to work provided that any work extending past midnight shall be
regarded as the previous day’s work.
(This does not affect Saturday and Sunday rates).
2.12 ‘Saturday’
shall mean the twenty-four hour period from midnight on Friday to midnight on
Saturday.
2.13 ‘Sunday’ shall
mean the twenty-four hour period from midnight on Saturday to midnight on
Sunday.
2.14 Additional
rostered day off shall mean the additional rostered day off to be taken in the
4th (or short) week of the 4 week roster cycle (where applicable).
2.15 Engagement
shall mean the period or periods of time that the employer notifies and so
requires the employee to attend in any one day.
3. Mixed Functions
3.1 Where the
employee is required to perform duties at a higher classification level, the
employee shall be paid at that higher classification:-
(a) if the work
performed is of 2 hours or less, for the time actually worked;
(b) if the work
performed is of greater than 2 hours, for the employee’s entire shift for that
day.
3.2 Where the
employee is required to perform duties at a lower classification level, no
deduction in pay shall be made.
4. Payment of Wages
4.1 All wages
including overtime, shall be paid on one day of the week, not later than
Thursday. Where a public holiday falls
on a Friday, wages shall be paid on one day of the week not later than
Wednesday, provided that accrued overtime payment shall be made not later than
within the week following the week in which it is worked. Employees who are paid their wages at any
other time than during work time, if kept waiting more than fifteen minutes,
shall be paid overtime rates for such waiting time.
4.2 The minimum
weekly rate of pay for employees working in a classification set out in Clause
8 of this award shall be that set out in Table 1 in Part J comprising the
minimum rate, supplementary amount and non adjustable amounts set out therein.
4.3 Weekly
employees, including part time employees, whose weekly rostered day off falls
on a pay day shall be paid their wages, if they so desire, prior to going off
duty on the day previous to their day off.
4.4 An employer
may pay by a means other than cash and in such case the employer will meet all
costs, taxes and charges which would otherwise be payable by the employee.
5. Time and Wages
Records
5.1 Time and wages
records or sheets and/or bundy clock(s) shall be provided and kept by each
employer. Each employee shall, on
commencing work on a shift, enter his starting time, and on finishing each
shift, enter his finishing time. Each
employee shall similarly enter the commencing and finishing time of each unpaid
meal break. Entry shall also be made by
the employer of the time worked and the amount of wages and overtime paid each
week, together with the date of payment.
5.2 The employer
shall keep such book or sheets available at all reasonable times and in a
convenient place to which the employee shall have access for the purpose of
making such entries. Such book or
sheet, together with all past rosters and written consent forms prescribed by
Clause 19 of this award which are not more than six years old may be inspected
by the officials of the Union at all reasonable hours.
6. Structural
Efficiency
6.1 Employees
shall carry out all functions within their capacity to perform, including
duties of a lower grade where this is reasonably required.
6.2 Consultation -
Clubs shall establish a consultative mechanism and procedures appropriate to
their size, structure and needs for consultation and negotiation on matters
effecting their efficiency and productivity.
7. Terms of
Employment
7.1 Full time and
part time employees shall be employed by the week. Employment shall be terminated by either the employer or the
employee giving one week’s notice.
Alternatively, the employer may pay one week’s pay in lieu of notice or
the employee may forfeit one week’s pay.
7.2 No employee
shall be dismissed without notice for sickness or accident or any other
reasonable cause of absence from duty provided that he informs his employer of
his inability to commence work, within twenty-four hours of his usual starting
time.
7.3 This Clause
shall not affect the right of the employer to dismiss an employee in accordance
with the procedures outlined in Part E of the award for proven acts of refusal
of duty, wilful misconduct, theft or the consumption of, possession of or
trading in prohibited drugs on the employer’s premises. In such cases wages shall be made up to the
time of dismissal only and shall be paid within twenty four hours after the
time of the dismissal. Where dismissal
occurs later that 5.00pm on Friday, payment may be made at the employer’s
office on the Monday morning following.
7.4 An employee
not attending for duty shall lose pay for the actual time of such
non-attendance except as provided by Clause 26.6 of this award.
7.5 Where notice
of termination of service has been given to an employee, he shall be paid all
money due upon expiry of such notice in accordance with Clause 4.
7.6 Any employee
who has been employed for not less than one month, on leaving or being
dismissed shall, upon request, be entitled to a statement in writing containing
the date the employment began, the date of its termination, the classification
of the employee and the period or periods of paid sick leave taken by the
employee. The statement shall be the
property of the employee and shall be returned to him unnoted by any subsequent
employer, within seven days of the engagement.
7.7 Upon
engagement an employee shall be informed by the employer of the basis of the
employment, i.e., full time, part time or casual, and the employer shall record
this information on the time and pay sheets.
7.8 Subclauses 7.1
to 7.6 inclusive of this Clause shall not apply to casual employees.
7.9 No employee to
whom this award applies shall be transferred by his/her employer to part- time
employment or terminated with a view to re- employment as a part time employee
without the consent of the employee.
PART B
Classifications
and Hours of Work
8. Classifications
8.1 Introductory
Level
8.1.1 To be employed
at this level employees must:
(a) have not
achieved the appropriate standard of training at an Introductory Level and
(b) have worked
less than a total of 10 weeks in the Club industry or in another industry where
the employee performed similar work to that required by the present employer.
8.1.2 Employees at
this level may be engaged as either full-time, part-time or casual.
8.1.3 Employment at
this level is for a maximum of 10 weeks (less any period the employee has been
performing similar work in a club or any other similar industry).
8.1.4 Where required,
the employer shall provide the employee with a written statement outlining
their period of employment at this level.
8.1.5 Employees shall
be provided with structured training to the prescribed standard which must
start within 10 weeks of the date of commencement, and be completed within 20
weeks of the date of commencement.
8.1.6 If structured
training to the prescribed standard is not provided then the employee shall
receive retrospective payment of the difference between the Introductory Level
rate of pay and the rate of pay applicable to the work being performed.
8.1.7 A club engaging
Introductory Level employees must observe the terms of the Industry Training
Contract as agreed between the parties to that agreement.
8.1.8 An employer
must offer assessment and training to existing employees prior to the
engagement of new employees at the Introductory Level.
8.2 Level 1
8.2.1 Employees at
this level essentially perform simple duties requiring minimal judgment.
8.2.2 It is
recommended that employees at this level have satisfactorily completed the
prescribed standard of training at Introductory Level.
8.2.3 Indicative
duties include:-
general assistance to employees of a higher level, but
not involving the employee in actual cooking or direct service to customers;
general cleaning tasks;
cleaning and tidying of kitchens, food preparation and
customer service areas including the cleaning of equipment, crockery and
general utensils;
picking up glasses, emptying ashtrays, wiping down
tables, removing plates;
assembling and preparing ingredients for cooking;
simple gardening tasks;
handling, storing and distributing goods not involving
the extensive use of documents and records.
8.3 Level 2
8.3.1 Level 2
employees are required to perform work above the skills of a Level 1 employee
and may be engaged in structured training at a Basic level so as to enable them
to work at Level 3.
8.3.2 It is
recommended that employees at this level have satisfactorily completed the
prescribed standard of training at Introductory Level.
8.3.3 Indicative
duties include:-
supplying, dispensing or mixing of liquor, including
the cleaning of bar areas and equipment, preparing the bar for service, taking
orders and serving drinks;
selling of other goods on sale;
assisting in a cellar;
undertaking general waiting duties of both food and /or
beverage including cleaning of restaurant equipment, preparing tables and
sideboards, taking customer orders, serving food and/ or beverage and clearing
tables, and, under general supervision, greeting and seating guests;
receipt of monies, operation of cash registers, use of
electronic swipe input devices;
serving from a snack bar, buffet or meal counter;
servicing rooms;
heating of pre-prepared meals and foods: preparing
simple food items such as sandwiches, salads and toasted foodstuffs;
specialised non-cooking duties in a kitchen;
completion of simple documents such as stock
requisitions or wastage slips;
laundry and specialised cleaning duties involving the
use of specialised cleaning equipment and/or chemicals;
payment of authorised jackpots, not requiring
attendance at the device nor maintenance of detailed records; operation of coin
dispensing machines;
door duties, attending a cloakroom or a car park;
assists in the preparation for, and instruction in,
leisure activities, attending a pool, taking of bookings;
setting up for functions; internal ordering and/or
replenishment of supplies;
performs a range of basic clerical and routine office
duties such as filing, collating, photocopying, delivering messages, answering
telephones, etc.;
general gardening duties, allocated building
maintenance duties;
receiving, handling, storing and distributing goods not
involving the control of a store or cellar;
8.4 Level 3
8.4.1 Employees at
this level may have satisfactorily completed the prescribed standard of
training at a Basic level or of a ATS traineeship so as to enable the employee
to perform work within the scope of this level.
8.4.2 Level 3
employees are required to perform work above the skills of a Level 2 employee
and may be engaged in structured training at an Advanced level so as to enable
them to work at a higher level.
8.4.3 Indicative
duties include:
assisting in the training of employees at a lower level
by way of on the job training;
attending a boiler requiring the holding of a
certificate;
operation of a range of mobile equipment requiring the
holding of a certificate, including forklifts;
responsibility for the operation and routine
maintenance of a TAB, Keno, or other like terminal; the sale of tickets of any
kind;
responsibility for payment of jackpots and correction
of minor gaming device faults;
preparing and cooking a limited range of basic food
items such as breakfasts, snacks and grills;
security work requiring the holding of an appropriate
licence;
reception duties which may include control of a
switchboard, ticket sale etc., door or car park duties where required to assume
responsibility for the application of club policy in areas such as dress, age,
residence and other entry requirements;
takes classes and/or directs activities in sporting
areas, health clubs, swimming pools, etc.;
cellar duties;
change box duties where required to balance a float;
general clerical or office duties such as typing, word
processing, data entry, maintaining records, switchboard operation, etc.;
responsible for routine building and/or grounds
maintenance but not possessing the appropriate trade qualification nor being
employed as greenkeeping personnel;
driving a motor vehicle requiring the holding of a New
South Wales Class 1A license;
8.5 Level 4
8.5.1 Employees at
this level may have satisfactorily completed the prescribed standard of
training at an Advanced level so as to enable them to perform work within the
scope of this level.
8.5.2 Employees are
required to perform work above and beyond the skills of a Level 3 employee.
8.5.3 Indicative
duties include:-
general cooking duties, including a la carte cookery,
baking, pastry cooking or butchery not requiring an appropriate trades certificate;
full control of a cellar or store, general purchasing
and stock control duties (including receipt, recording and inventory control of
goods, ordering goods of a type directed by the employer from approved
suppliers);
general and specialised waiting and/or drink service in
a fine dining room requiring the mixing of a range of sophisticated drinks and
a wide knowledge of wines;
basic direct supervision of a small group of employees
in a section, department or area of a club;
general secretarial, stenographic, bookkeeping and/or
clerical duties of an advanced nature, including the preparation of the payroll
under supervision and may be responsible for checking and allocating work of
other clerical staff;
planning, co-ordination and/or conduct of individual
leisure games, promotional and/or entertainment activities;
the work of a caretaker;
planning and/or co-ordination of conferences and/or
banquets;
being in charge of supervising children in designated
playing and similar areas, but not possessing the appropriate trade or
professional qualifications;
driving a bus requiring the holding of a New South
Wales Class 1B or Class 4B licence.
8.6 Level 5
8.6.1 Employees at
this level may have satisfactorily completed the prescribed standard of
training at trade or the equivalent level so as to enable the employee to
perform work within the scope of this level.
8.6.2 Employees are
required to perform work above and beyond the skills of a Level 4 employee.
8.6.3 Indicative
duties include:
general or specialised cooking, baking, pastry cooking
or butchering requiring an appropriate trades certificate;
supervision, training and coordination of large numbers
of subordinate staff, including level 4 supervisors, in one or more sections,
departments or areas of the club;
trade work appropriate to an employee’s trade including
technical level maintenance of gaming devices;
preparation and maintenance of staff rosters;
responsibility and accountability for the whole
operation of a safe or counting room from which change is issued to bars and
poker machine change areas, rather than the mere physical movement of monies
only, and including the responsibility and accountability for the safe balance
and for checking the balances reported by operators of tills, change cages,
TABs, Keno operations, etc.
responsibility for locking and securing the Club
premises;
8.7 Level 6
8.7.1 Employees at
this level may have satisfied the training requirements of Level 5 and, where
required to supervise other employees, have completed the prescribed standard
of training in supervision.
8.7.2 Employees are
required to perform work above and beyond the skills of a Level 5 employee.
8.7.3 Indicative
duties include:
specialised cooking, butchering, baking, pastry cooking;
may supervise the operation of a section and/or other cooks and kitchen staff;
menu planning;
control of an office and other clerical employees,
responsibility for preparation and analysis of overall financial and statutory
reports, budgeting; control of a substantial clerical function, such as the
work of administering the payroll system of a club including knowledge,
interpretation and application of complex legislative and/or award provisions
and requirements; specialised purchasing duties, including evaluation of
suppliers and negotiations of purchasing conditions;
substantial accounting duties where the employee is
required to have or has attained all or most of the formal accountancy
qualifications;
supervision, training and co-ordination of large
numbers of subordinate staff (including Level 5 employees), responsibility for
their efficient allocation and control; undertaking budgeting, staff costing
and operational reporting; staff recruitment and induction.
8.8 Level 7
8.8.1 Employees at this
level may have satisfactorily completed the prescribed standard of training at
a post-trade or equivalent level so as to enable the employee to perform work
within the scope of this level.
8.8.2 Employees are
required to perform work above and beyond the skills of a Level 6 employee.
8.8.3 Indicative
duties include:
full control of one or more kitchens and/or food
outlets; supervision of other qualified cooks and kitchen staff.
NB: It is not intended that any changes to the above
classification levels shall result in a change to the assigned classification
level of any employee engaged prior to 2 July 1999.
8.9 Fitness
Instructor
8.9.1 Definition:
(a) This Clause
does not relate to fitness instructors who are full-time employees.
(b) "Fitness
Instructor: is an employee engaged in
instructing people in either aquarobics, aerobics, pump, step aerobics, Boxing
circuits, circuits, walking, cardiac class, yoga, or similar discipline.
8.9.2 Hours:
(a) An employee
engaged as a fitness instructor shall be engaged for a minimum shift of 1 hour.
(b) The spread of
hours for fitness instructors shall be 15 from the commencement of their first
shift to the cessation of the last shift within a day.
8.9.3 Rate of Pay
The minimum all-up rate of pay shall be as set out in
Table 1 Rates of Pay (iv), (v), &(vi). No penalty or weekend payments of
any type will apply. The actual hourly
rate shall be negotiable on a club by club basis.
8.10 Classification
Review
8.10.1 There
will be a review of award classifications by the parties to the award
commencing as soon as practicable after the award is made.
8.10.2 The
award may be varied during its nominal term by consent to reflect any changes
to classifications which occur as a result of that review.
8.11 State Wage Case
8.11.1 Following
a decision of the Industrial Relations Commission to grant a State Wage Case
increase, the parties shall by consent flow on the increase arising from the
State Wage Case upon application by the Union, that shall take effect on and from
no later than 5 July of each year during the life of this Award.
9. Existing Employees
(For those employees employed prior to 2 July 1999 in the
appropriate category. Any employee
changing status (e.g. casual to full-time) shall be employed under the
conditions of Clause 10).
A. Full-time
Employees
9.1 Normal Hours
Of Work
9.1.1 A full time
employee is a weekly hire employee engaged to work 38 hours per week.
9.1.2 The ordinary
hours of work shall not exceed 38 hours per week which shall be worked over
cycles of four weeks as follows:
(a) in each of 3
weeks, 5 days of 8 hours duration, and
(b) in the other
week, 4 days of 8 hours duration.
9.1.3 Margin of hours:
The ordinary working hours shall be worked from the
commencing to the finishing time of the shift within:
(a) Eleven hours
for kitchen, dining and housekeeping staff;
(b) Nine hours for
all other employees.
9.1.4 During each four
week period the employee shall be allowed days off duty as follows:
(a) in each of
three weeks in the cycle 2 days of 24 hours off; and
(b) in the other
week of the cycle 3 days of 24 hours off, two of which must be consecutive.
9.2 Alternative
Hours Of Work
9.2.1 Where the
employer and either:
(a) an individual
full-time employee with at least 4 weeks service;
or
(b) a two-thirds
majority of full-time employees within a club or a section of a club freely
agree in writing (using the form in Clause 19) to adopt an alternative method
of working the 38 hour week, then that agreed method shall apply provided that:
(c) a copy of the
agreement is sent to both the Union and the RCA within 14 days of the
commencement of the agreement. Where
either the Union or the RCA objects to the agreement, it shall confer as soon
as possible with the other organisation. Should the Union and the RCA fail to reach agreement on the
appropriateness or otherwise of the arrangement, the matter shall be notified
to the Industrial Relations Commission of New South Wales;
(d) either party
to the agreement may terminate the agreement by giving 28 days notice to
terminate, or such lesser period as is mutually agreed;
(e) total ordinary
hours do not exceed 152 over 20 days in any four week period;
(f) the maximum
ordinary hours of any shift does not exceed 12;
(g) the minimum
ordinary hours of any shift do not fall below 4;
(h) the margin of
hours do not exceed 14;
(i) if broken
shifts are agreed upon for the convenience of the employee, the proof of which
shall lie with the employer, no broken shift penalty is payable;
(j) if it is
agreed to work more than 5 hours without a meal break, no penalty applies;
(k) where no meal
break is agreed upon, the employee shall receive 1 x 20 minute paid crib break
if the shift is 10 ordinary hours or less and 2 x 20 minute paid crib breaks if
the shift exceeds 10 ordinary hours. At
no time shall the employee be required to work more than 6 hours without a crib
break.
9.3 Full Sporting
Club
9.3.1 Where a club is
a Full Sporting Club (as defined), the club is entitled to roster the 38 ordinary
hours of work as follows:
(a) in each of 3
weeks of the four week cycle - 40 ordinary hours per week with up to 8 ordinary
hours within a spread of 9 hours for 3 shifts and up to 10 ordinary hours
within a spread of 11 hours for 2 shifts, and
(b) in the other
week of the cycle - 32 ordinary hours with up to 8 ordinary hours within a
spread of 9 hours for 2 shifts and up to 10 ordinary hours within a spread of
11 hours for 2 shifts;
(c) such hours
shall be worked continuously except for a meal break.
9.3.2 Where a club
adopts such a roster, the club shall, within 14 days of its commencement,
inform the Union of its action and provide the Union with proof that it is a
Full Sporting club.
9.4 Rosters
9.4.1 A roster shall
be posted in a place accessible to all employees at least four weeks in
advance.
9.4.2 The roster shall
show the starting times, finishing times, meal breaks and rostered days off for
the four week cycle.
9.4.3 The roster shall
only be changed:
(a) by mutual
consent at any time;
(b) in respect to
the two consecutive rostered days off (which occur one in every four weeks) -
by two weeks notice;
(c) when such a
change is necessary because of absences or shortages of staff - 12 hours
notice;
(d) for any other
reasons - 7 days notice.
9.4.4 The roster shall
be accessible for inspection on request by an officer of the Union.
9.5 Penalty
Payments
9.5.1 These penalties
do not apply on Saturdays, Sundays or Public Holidays.
9.5.2 Shift Penalty
An employee whose shift starts before 7:00am or
finishes after 8:00pm shall be paid an allowance as set out in Item 1 of Table
2 per hour or part thereof with a minimum payment as set out in Item 2 of Table
2.
9.5.3 Broken Shift
Penalty
An employee, who is required to work a shift where an
interval(s) of more than one hour in the aggregate unpaid time occurs between
the starting and finishing times of the shift, shall be paid a penalty as set
out in Item 3 of Table 2.
9.5.4 Night Shift
Penalty
(i) Where an
employee works a shift which falls totally between 11:00pm and 8:00am, the
employee shall be paid a penalty as set out in Item 4 of Table 2.
(ii) Instead of
the meal period prescribed by Clause 9.6.2, the employee shall receive a paid
20 minute crib break.
9.6 Meal Periods
9.6.1 An Employee
shall be entitled to a meal break after each 5 hours of work.
9.6.2 The meal break
shall be between 30 and 60 minutes and shall be unpaid.
9.6.3 Where the meal
break is not given, then a penalty of ½ time additional to the ordinary hourly
rate shall apply for all time worked beyond 5 hours (or 6 as the case may be).
9.6.4 Where the club
employs less than 10 people covered by this award, then the break prescribed by
subclause 9.6.2 can be substituted by a paid twenty minute crib break which can
be taken, as trade permits, at any time within that day’s shift, and the
penalty prescribed by subclause 9.6.3 shall not apply.
9.7 Limitations On
Hours Of Work
9.7.1 Subject to
subclause 9.6.4, no employee shall be required to work more than 5 hours without
a meal break except in an emergency when the meal break may be varied by up to
60 minutes.
9.7.2 The employer
shall roster so that there is at least 10 hours off between the finishing of
one ordinary shift and the start of the next ordinary shift (this may be
reduced to 8 hours at the changeover of rosters).
9.7.3 Where an
employee is required to work his ordinary hours in such a way that the employee
does not receive 10 hours (or 8 hours on roster changeover) off as required by
Clause 9.7.2, then either:
(a) the employee
is released from starting his next ordinary shift without loss of pay until he
has had 10 hours off duty (or 8 hours on roster changeover); or
(b) the employee
is paid at double ordinary time rates until he is so released to have 10 hours off duty (or 8 as the case may be)
without loss of pay for ordinary working time.
B. Part-time
Employees
9.8 Hours Of Work
9.8.1 Part-time
employees shall receive a loading of 15% in addition to the ordinary hourly
rate of pay for all ordinary hours worked on Mondays to Fridays inclusive
(except for Public Holidays).
9.8.2 The ordinary
hours of work shall be:
(a) not less than
15 nor more than 30 per week;
(b) worked in
shifts of not less than 3 nor more than 8 hours per day;
(c) worked on no
less than 2 shifts nor more than 5 shifts per week;
(d) except for
meal breaks such hours shall be continuous.
9.9 Alternative
Hours Of Work
9.9.1 Where the
employer and a part-time employee with at least 4 weeks service freely agree in
writing (using the form in Clause 19) to adopt alternative hours arrangements,
the following can be modified:
(a) Shifts of up
to 12 ordinary hours duration may be worked;
(b) Where shifts
are of more than 10 ordinary hours duration, 2 x 20 minute paid crib breaks are
substituted for the unpaid meal break;
9.10 Rosters
9.10.1 A
roster shall be posted in a place accessible to all employees at least four
weeks in advance. Such rosters shall be
accessible, on request, for inspection by an officer of the Union.
9.10.2 The
roster shall show the starting times, finishing times, meal breaks and rostered
days off for the four week cycle.
9.10.3 The
roster shall only be changed:
(a) by mutual
consent at any time;
(b) in respect to
the two consecutive rostered days off (which occurs once every four weeks) - by
two weeks notice;
(c) when such a
change is necessary because of absences or shortages of staff - 12 hours
notice;
(d) for any other
reasons - 7 days notice.
9.11 Penalties
9.11.1 This
Clause shall not apply on Saturdays, Sundays or Public Holidays.
9.11.2 Shift
Penalty
An employee whose shift starts before 7:00am or
finishes after 8:00pm shall be paid an allowance as set out in Item 1 of Table
2 per hour or part thereof with a minimum payment as set out in Item 2 of Table
2.
9.11.3 Night
Shift Penalty
(i) Where an
employee works a shift which falls totally between 11:00pm and 8:00am, the
employee shall be paid a penalty as set out in Item 4 of Table 2. This penalty shall not apply on weekends or
Public Holidays.
(ii) If the
employee’s shift exceeds 5 hours, the meal period prescribed by Clause 9.12
will be substituted by a paid 20 minute crib break.
9.12 Meal Periods
9.12.1 An
employee shall be entitled to a meal break after each 5 hours of work.
9.12.2 The
meal break shall be between 30 and 60 minutes and shall be unpaid.
9.12.3 Where
the meal break is not given, then a penalty of ½ times additional to the
ordinary hourly rate shall apply for all time worked beyond 5 hours (or 6 in an
emergency).
9.12.4 Where
the club employees less than 10 people covered by this award, then the break
prescribed by subclause 9.12.2 can be substituted by a paid twenty minute crib
break which can be taken, as trade permits, at any time within that day’s
shift, in which case the penalty prescribed by subclause 9.12.3 shall not
apply.
9.13 Limitations On
Hours Of Work
9.13.1 Subject
to subclause 9.12.4 no employee shall be required to work more than 5 hours
without a meal break except in an emergency when the meal break may be varied
by up to 60 minutes.
9.13.2 The
employer shall roster so that there is at least 10 hours off between the
finishing of one ordinary shift and the start of the next ordinary shift (this
may be reduced to 8 hours at the changeover of rosters).
9.13.3 Where
an employee is required to work his ordinary hours in such a way that the
employee does not receive 10 hours (or 8 hours on roster changeover) off, then
either:
(a) the employee
is released from starting his next ordinary shift without loss of pay until he
has had 10 hours off duty (or 8 hours on roster changeover); or
(b) the employee
is paid at double ordinary time rates until he is released to have 10 hours off
duty (or 8 as the case may be) without loss of pay for ordinary working time.
C. Casual
Employees
9.14 Hours Of Work
9.14.1 The
minimum engagement shall be 3 continuous hours per day.
9.14.2 Where
the employee is required to work for periods of time separated by more than 1
hour, each period shall be of a minimum 3 continuous hours.
9.14.3 A
casual employee shall receive a loading of 331/3% in addition to the ordinary
time rate of pay for all ordinary hours worked on Monday to Friday inclusive
(except for Public Holidays).
9.14.4 A
casual employee shall receive 1/12th of the Monday to Friday casual hourly rate
for each hour of ordinary time worked (Monday - Sunday) as a pro rata annual
leave entitlement. Such pro rata annual
leave shall be paid weekly.
9.15 Meal Periods
And Meal Allowance
9.15.1 An
employee shall be entitled to a meal break after 5 hours of work (or 6 hours in
an emergency);
9.15.2 The
meal break shall be between 30 and 60 minute and shall be unpaid;
9.15.3 Where
the meal break is not given, then a penalty of ½ times additional to the casual
hourly rate of the day shall apply;
9.15.4 Casual
employees whose engagement extends for 5 hours or more shall be entitled to a
meal free of charge or paid an allowance as set out in Item 9 of Table 2. The employee shall have the right to choose
any meal on the menu up to the value of the
meal allowance.
9.16 Casual Roster
9.16.1 A
roster shall be posted in a place accessible to all employees at least two
weeks in advance;
9.16.2 The
roster shall show the engagements of each employee;
9.16.3 Where,
due to unforeseen circumstances, the employer needs to cancel a shift or the
employee is unavailable to work the shift, then the one party shall give the
maximum possible notice to the other party.
9.16.4 The
employer shall offer all casual work to existing casual employees before
engaging new casual employees provided that it is acknowledged that the
business needs of the club are paramount.
9.17 Penalties
9.17.1 An
employee whose shift starts before
7.00am or finishes after 8.00pm shall be paid an allowance as set out in
Item 1 of Table 2 per hour or part thereof with a minimum payment as set out in
Item 2 of Table 2. This penalty shall
not apply on Saturdays, Sundays or Public Holidays.
10. New Employees
(For employees employed after 2 July 1999)
A. Full-time
Employees
10.1 Hours Of Work
10.1.1 The
ordinary hours of work shall not exceed 152 in any four week period.
10.1.2 The
maximum number of days on which ordinary time is to be worked shall not exceed
20 in any four week period.
10.1.3 The
maximum ordinary hours on any shift shall not exceed 12.
10.1.4 The
minimum ordinary hours on any shift shall not be less than 4.
10.1.5 The
margin of hours shall not exceed 14.
10.1.6 Subject
to subclauses 10.1.7 and 10.1.8 of this award, an employee shall be entitled to
an unpaid meal break of not less than 30 minutes or more than 60 minutes after
each 5 hours of work.
10.1.7 Where
an unpaid meal break is not to be given, the employee shall be entitled to a 20
minute paid crib break.
10.1.8 Where
the shift the employee is required to work exceeds 10 ordinary hours, the
employee shall, instead of receiving an unpaid meal break, receive two 20
minute paid crib breaks.
10.1.9 A
roster showing starting and ceasing times for the ordinary hours of duty
together with meal periods for full time employees shall be posted four weeks
in advance in a place accessible to all employees and shall not be changed
except:
(a) by mutual
consent at any time;
(b) when such a
change is necessary because of absences or shortages of staff - 12 hours
notice;
(c) for any other
reason - 7 days notice.
10.1.10 Where
the employer and a full-time employee agree, the monetary value of the 4 week
roster shall be paid in 4 equal weekly instalments. Any monetary adjustments required will be made at the end of the
4 week cycle.
B. Part-time
Employees
10.2 Hours Of Work
10.2.1 The
ordinary hours of work shall be not less than 32 nor more than 148 in any four
week period.
10.2.2 The
maximum number of days on which ordinary time is to be worked shall not exceed
20 in any four week period.
10.2.3 The
maximum ordinary hours on any shift shall not exceed 12.
10.2.4 The
minimum ordinary hours on any shift shall be not less than 3.
10.2.5 The
margin of hours shall not exceed 14.
10.2.6 Subject
to subclauses 10.2.7 and 10.2.8 of this award, an employee shall be entitled to
an unpaid meal break of not less than 30 minutes nor more than 60 minutes after
each 5 hours of work.
10.2.7 Where
an unpaid meal break is not to be given, the employee shall be entitled to a 20
minute paid crib break.
10.2.8 Where
the shift the employee is required to work exceeds 10 ordinary hours, the
employee shall, instead of receiving an unpaid meal break, receive two 20
minute paid crib breaks.
10.2.9 A
roster showing starting and ceasing times for the ordinary hours of duty
together with meal periods for
part-time employees shall be posted two weeks in advance in a place accessible
to all employees and shall not be changed except:
(a) by mutual
consent;
(b) when such a
change is necessary because of absences or shortages of staff - 12 hours
notice;
(c) for any other
reason - 7 days notice;
(d) such roster
shall be accessible, on request, for inspection by an officer of the Union.
10.2.10 With
an exemption for clubs who employ less than 10 employees covered by this award,
a club shall not have more than 3 part-time employees for each full-time
employee.
10.2.11 The
minimum hours of work prescribed by subclause 10.2.1 shall not apply to clubs
who employ less than 10 employees covered by this award.
10.2.12
(i) It is noted
that if, within six months of 2 July 1999, any existing casual employee who
took up a part-time position as described in Part B of Clause 10, such employee
was entitled to be paid a loading of 15% for all work performed on Mondays
through to Fridays (excluding Public Holidays).
(ii) At the
expiration of the 1999 Award (being 2 July 2002) the loading referred to in the
preceding paragraph shall, based on the weekly average of the last four week
period worked, be converted into a monetary amount. This monetary amount will be considered to be an overaward amount
which shall be absorbed into future pay increases.
(iii) An ‘existing’
casual employee is an employee who was employed in a casual capacity by the
employer at 2 July 1999.
C. Casual
Employees
10.3 Hours Of Work
10.3.1 The
minimum engagement shall be 3 continuous hours per day.
10.3.2 Where
the employee is required to work for periods of time separated by more than 1
hour, each period shall be of a minimum 3 continuous hours.
10.3.3 A
casual employee shall receive a loading of 25% in addition to the ordinary time
rate of pay for all ordinary hours worked on Monday to Friday inclusive (except
for Public Holidays).
10.3.4 A
casual employee shall receive 1/12th of the Monday to Friday casual hourly rate
for each hour of ordinary time worked (Monday - Sunday) as a pro rata annual
leave entitlement. Such pro rata annual
leave shall be paid weekly.
10.3.5 An
employee shall be entitled to a meal break after 5 hours of work (or 6 hours in
an emergency).
10.3.6 The
meal break shall be between 30 and 60 minute and shall be unpaid.
10.3.7 Where
the meal break is not given, then a penalty of ½ times additional to the casual
hourly rate of the day shall apply.
10.3.8 A
roster at least two weeks in advance, shall be posted in a place accessible to
all employees.
10.3.9 The
roster shall show the engagements of each employee.
10.3.10 Where,
due to unforeseen circumstances, the employer needs to cancel a shift or the
employee is unavailable to work the shift, then the one party shall give the
maximum possible notice to the other party.
10.3.11 The
employer shall offer all casual work to existing casual employees before
engaging new casual employees, provided that it is acknowledged that the
business needs of the club are paramount.
11. Voluntary
Exemption Agreements
(For any full-time employee)
11.1
11.1.1 An
employer and an individual full-time employee who has been employed for not
less than four weeks may freely enter into a written Voluntary Exemption
Agreement by following the procedures set out in this Clause.
11.1.2 Prior
to negotiating such an agreement, the employer must, where the employee has
advised the employer that he is a Union member, advise the Union of its
intention to negotiate with the employee and the Union may be involved in those
negotiations at the request of the employee.
11.1.3 The
employer, the employee and, if appropriate, the Union can reach agreement on
those matters now covered by any or all of the following Clauses:
Hours
Overtime
Saturday and Sunday Rates
Rostered Days Off
Public Holidays
11.1.4 The
terms then agreed to would operate in lieu of those set out in the Clauses
nominated in the agreement, provided that the following minimum standards are
observed:
(a) No agreement
may permit an employee to work more than a maximum of 38 ordinary hours per
week, averaged over 52 weeks.
(b) The agreement
shall provide that the employee must be paid a wage not less than 33% above the
award total rate for the work being performed from time to time.
(c) No employee
shall receive a wage less than 33% above the total award rate for a Level 4
employee.
11.1.5 The
terms agreed to and the wage agreed upon shall be set out in writing and signed
by the parties. The written agreement
must also contain the terms of any undertakings made at the time of entering
the agreement and, if a roster is agreed upon, a copy of that roster.
11.1.6 A
copy of the agreement shall be sent to the Union and the RCA within 14 days of
the commencement of operation of the agreement.
11.1.7 The
agreement may be terminated by:
(a) the employee,
by giving written notice within 28 days of entering the agreement;
(b) either party,
after 12 months, by giving 28 days notice in writing to the other party (or
such lesser period as is agreed).
11.1.8 No
employee shall suffer a reduction in earnings as a result of entering into an
agreement.
11.1.9 No
employer shall offer employment to any person on the basis that the employee
must enter into an agreement.
11.1.10 The
agreement must be in the form as set out in Clause 19.
12. Apprentices
12.1
12.1.1 Apprentices
wage rate(s) shall be the following percentages of the Level 5 ordinary time
wage rate calculated to the nearest 10 cents.
Year
|
Period of
Apprenticeship
|
|
3 Years
|
3½ Years
|
4 Years
|
|
|
|
|
1st year
|
46%
|
43%
|
43%
|
2nd year
|
60%
|
58%
|
57%
|
3rd year
|
71%
|
71%
|
68%
|
4th year
|
|
77%
|
75%
|
12.1.2 No
apprentice under the age of 18 years shall be required to work overtime unless
the apprentice so agrees. Such overtime
shall not exceed one hour in any one day.
12.1.3 At
18 years or over, an apprentice who is required to work overtime for two hours
or more, after the usual ceasing time, shall be provided with a meal free of
charge, or paid a meal allowance as set out in Item 9 of Table 2.
12.1.4 No
apprentice shall, except in an emergency, work overtime or ordinary time which
would prevent attendance at technical college as required by any statute, award
or regulation.
12.1.5 Proficiency
Rates - Should an apprentice in any year pass in each of the subjects
prescribed for that year of his apprenticeship course, and attain a standard as
certified by the Department of Technical and Further Education of not less than
an average of 70 per cent of possible marks allotted at the Annual Examination
conducted by the Department, in the subjects of trade theory and trade practice
prescribed for that year in the relevant course, he shall:
(a) On the first
occasion on which he attains such standard be paid for the next succeeding year
the sum set out in Item 5 of Table 2, in addition to the prescribed minimum
weekly wage.
(b) For the second
occasion on which he attains such standard be paid for the next succeeding year
the sum set out in Item 6 of Table 2, in addition to the prescribed minimum
weekly wage.
(c) For the third
occasion on which he attains such standard be paid for the next succeeding year
the sum set out in Item 7 of Table 2, in addition to the prescribed minimum
weekly wage.
13. Juniors -
Clerical Only
13.1
13.1.1 The
minimum rates for junior clerical employee performing up to Level 3 work shall
be the following percentages of the Level 3 total award rate calculated to the
nearest ten cents.
|
Percentage
of Adult Level 3
|
|
|
At or under 16 years of age
|
49
|
At 17 years of age
|
59
|
At 18 years of age
|
69
|
At 19 years of age
|
79
|
13.1.2 Where
a clerical employee aged 18 or 19 years has at least 12 months experience in
clerical work the employee shall be paid the rate prescribed for an adult
clerical employee performing the same work.
14. Overtime
14.1 Full-Time and
Part-Time Employees
14.1.1 Overtime
shall mean all time worked-
(a) in excess of
ordinary hours, or
(b) outside the
required margin of hours, or
(c) outside of
rostered hours, and paid on the ordinary hourly rate at the rate of:-
(d) 11/2 times for
the 1st 2 hours of overtime (Monday to Friday)
(e) 2 times for
all overtime beyond 2 hours of overtime (Monday to Friday)
(f) 2 times for
all overtime performed on Saturdays and Sundays and Rostered Days Off.
(g) 2½ times for
all overtime performed on Public Holidays.
14.1.2 An
employee required to work overtime of two or more hours which is continuous
with the commencement or cessation of his ordinary shift shall, before
commencing such overtime or ordinary shift, be allowed a crib break of 20
minutes which shall be paid for at the ordinary rate for the day.
14.1.3 An
additional crib break shall be allowed after each four hours of overtime if the
overtime is to continue.
14.1.4 Where
10 or more hours are worked on a Rostered Day Off, a crib break of 20 minutes
shall apply.
14.1.5 An
employee required to work overtime in excess of two hours without being
notified on the previous day or earlier shall be supplied with a meal by the
employer or be paid an amount as set out in Item 9 of Table 2.
14.1.6 An
additional meal or meal allowance shall be provided after each 4 hours of
overtime, if the overtime is to continue.
14.1.7 In
computing overtime, each day shall stand alone.
14.1.8 To
ensure that full-time and part-time employees are not deprived of the
opportunity to work reasonable overtime an employer shall, as far as is
practicable, offer such employees the opportunity to work any overtime that may
be required to meet fluctuations in trade or other special circumstances in
preference to engaging casuals to supplement the normal labour force. In such case employees shall work reasonable
overtime to meet the circumstances of the employer.
14.1.9 A
full-time or part-time employee recalled to work overtime after leaving the
employer’s business premises (whether notified before or after leaving the
premises) shall be paid for a minimum of four hours’ work at the appropriate
overtime rate for each time he is so recalled provided that, the employee shall
not be required to work the full four hours, if the job the employee was
recalled to perform is completed within a shorter period. This subclause shall not apply, where the
overtime is continuous with the completion or commencement of ordinary working
time.
14.1.10 Where
the actual overtime worked is less than four hours, the period of 4 hours for
which payment has to be made shall not be regarded as overtime worked for the
purpose of a crib break.
14.1.11 Where
an employee is required to work on his Rostered Day Off, he shall be paid at
double time rates with a minimum as for 4 hours.
14.1.12 An
employee, including a part-time employee, who works so much overtime between
the finishing of ordinary work on one shift and the commencement of ordinary
work on the next shift that the employee has not had at least eight hours off
duty between these times shall be released after completion of such overtime
until the employee has had eight hours off duty without loss of pay for
ordinary working time occurring during such absence.
14.1.13 If on
the instructions of the employer such an employee resumes or continues work
without having had eight hours off duty the employee shall be paid at double
ordinary time rates until released from duty for such period and then shall be
entitled to be absent until the employee has had eight hours off duty without
loss of pay for ordinary working time occurring during such absence.
14.1.14 By
mutual agreement payment for overtime may be converted to time off in lieu, to
be taken as one hour off for one hour’s pay.
The calculation formula for time in lieu will be the same as the
monetary calculation for overtime.
14.1.15 The
time off shall be taken at an agreed time within one month of accrual, failing
which payment shall be made. An
employer shall not offer overtime on the basis that it must be converted to
time off.
14.2 Casual
Employees
14.2.1 A
casual employee shall receive overtime payments for all hours in excess of 8 in
any one day.
15. Saturday and
Sunday Rates - All Employees
15.1
15.1.1 All
ordinary time worked on Saturdays shall be paid at time and one half.
15.1.2 All
ordinary time worked on Sundays shall be paid at time and three quarters.
16. Public Holidays -
All Employees
16.1
16.1.1 The
day or days upon which the following Holidays fall, or the days on which such
Holidays are observed, shall be Holidays for the purpose of this award: New
Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday,
Eight Hour Day, Christmas Day, Boxing Day and Picnic Day of the Union (which
shall be held on the third Monday in February in each year) and any other day
or days proclaimed or gazetted as Public Holidays for the State.
16.1.2 A
full-time or part-time employee who is not required by the employer to work on
a Public Holiday shall receive payment for the day at the ordinary rate of pay
for the hours rostered.
16.1.3 All
time worked on a Public Holiday shall be paid for at the rate of 21/2 times the
ordinary time rate of pay.
16.1.4 The
minimum payments for work on a Public Holiday are:
(a) for full-time
employees either the employees usual shift for that day or 6 hours whichever is
the greater.
(b) for part-time
employees either the employee’s usual shift for that day or 4 hours whichever
is the greater.
(c) for casual
employees, 3 hours
16.1.5 The
minimum payments prescribed by 16.1.4 do not apply where an employee’s work
commences on the day before a Public Holiday and terminates on the Public Holiday
or commences on a Public Holiday and terminates on the day after the Public
Holiday. In such cases only the hours
actually worked on the Public Holiday will attract the Public Holiday rate.
16.1.6 Where
a Public Holiday falls on a full-time or part-time employee’s Rostered Day Off,
the employee shall be paid:
(a) 8 hours in the
case of full-time employee’s;
(b) 1/5 of the
ordinary weekly hours in the case of a part-time employee.
This subclause shall not apply to a weekly employee who
has not worked any ordinary hours outside the range of midnight Sunday to
midnight Friday and who never works ordinary hours on weekends.
16.1.7 A
weekly employee, including a part-time employee, absent from work on the
working day before a holiday or two or more consecutive holidays, or on the
working day immediately after such holiday or holidays, who fails to provide or
furnish evidence satisfactory to the employer that this absence was due to a
good and satisfactory cause, shall not be entitled to payment for such holiday
or holidays.
17. Additional
Rostered Days Off
17.1
17.1.1 Where
the employee is required to work on his Additional Rostered Day Off (where
appropriate), the employee shall be paid at double time (or 2½ if a Public
Holiday) the ordinary hourly rate for all time worked with a minimum payment as
for 4 hours.
17.1.2 By
agreement in writing with the employer an employee may bank up to 9 Additional
Rostered Days Off.
18. Tea Break
18.1
18.1.1 Any
employee who works a shift of six or more hours shall be entitled to a paid 10
minute break.
18.1.2 The
taking of the tea break shall be in either the first or second half of the
shift but must not be taken within the first or last 90 minutes of the shift.
18.1.3 The
taking of the tea break shall be by agreement but failing agreement, the
employer shall determine when the tea break is to be taken.
19. Agreement Forms
19.1 Agreement To
Adopt An Alternative Pattern Of Hours
This form records the terms of agreement freely reached
between:
the employee,
_________________________________________________________________
|
and
|
the
employer,_________________________________________________________________
|
|
under the award, employees have the following
entitlements:
(a) 3 weeks of 5
shifts of 8 hours and a fourth week of 4 shifts of 8 hours. Special conditions exist for Full Sporting
Clubs (Clause 9.3), and new full-time employees (Clause 10.1).
(b) The maximum
span of hours from the commencing time to the ceasing time of the ordinary
hours of any shift shall be:
(1) Eleven hours
per shift for kitchen staff, dining room staff including drink waiter or
waitress and housemaids.
(2) Nine hours per
shift for other employees.
However
The award provides that
(c) an employer
and two-thirds of the full time employees concerned in a club or section of a
club may freely agree in writing to adopt certain alternative patterns of
working hours; and
(d) the employer
and an individual full time employee who has been employed for not less than
four weeks may freely agree in writing to adopt certain alternative patterns of
working hours including extended shifts and/or an altered margin of hours; and
(e) the employer
and an individual part time employee who has been employed for not less than
four weeks may freely agree in writing to adopt extended shifts.
This Consent Must Be Freely Given And Neither Party Is
Obliged To Agree - The General Award Provision Will Apply Except Where You
Agree To Adopt The Alternative Set Out In This Document.
The employer and employee have agreed to adopt the
following alternative pattern of hours the details of:
|
which are set out below:
|
|
______________________________________________________________________________________
|
_____________________________________________________________________________________
|
This agreement has been
reached between:
|
__________________________________________________________(Insert
full name of Club or Employer)
|
|
and_______________________________________________________(Insert
full name of Employee)
|
Pursuant to Clause 9.2 the parties agree that
1 They have read and understand the terms of this document.
2. They know that this agreement is voluntary and that neither
party may be compelled to agree.
3. They know that this may be rescinded by either party giving
twenty-eight days notice or such lesser period as is mutually agreed.
Set out hereunder are the terms of any undertakings given
in reaching this agreement
|
(Set out the
undertakings)__________________________________________________________________
|
______________________________________________________________________________________
|
_____________________________________________________________________________________.
|
Attached hereto is a copy of any roster proposed to the employee
as being the intended roster
Signed By Or On Behalf Of The
Employer_____________________________________________
|
|
Witnessed
By________________________________________________________________________
|
|
Signed By The Employee______________________________________________________________
|
|
Witnessed
By________________________________________________________________________
|
|
Dated_______________________________________________________________________________
|
|
A signed copy of this document and any attachments is to be
given to the employee.
YOUR AWARD RIGHTS
Procedure for adoption of alternative pattern of hours
Clause 9.2 of this award (see below) sets out the
circumstances where certain alternative patterns of hours may be agreed to
between an employer and an employee.
where such an agreement is reached in accordance with that section the
employer shall:
(a) provide to the
employee in writing a document in the form set out below.
(b) give the
employee such time as the employee may request to read and consider the
document.
(c) enter in the
document all details required to be entered including the terms of any
undertakings given at the time of entering the agreement.
(d) attach to the
document a copy of any roster proposed to the employee as being the intended
roster.
(e) sign the
document and attachments, and
(f) give to the
employee a signed copy of the document and any attachments and the employee
shall also sign the document and any attachments.
(g) send a copy to
the Union and the RCA.
The award provides:-
Alternative Hours of Work.
Clause 9.2.1 provides that
Where
(a) the employer
and an individual full time employee who has been employed for not less than
four weeks; or
(b) the employer
and two-thirds of the full time employees concerned in a club or section of a
club freely agree in writing as provided for by Clause 19 of this award to
adopt an alternative pattern of working hours that method shall apply provided
that:
(a) Any club
adopting an alternative pattern of working hours to that prescribed in Clause
9.2.1 hereof shall comply with Clause 19 of this award and shall, within 14
days of the commencement of operation of the arrangement, advise the Union and
the RCA in writing of the agreed alternative method by sending to them a copy
of the document in the form prescribed by Clause 19.
Where either the Union or the RCA objects to that
arrangement, it shall confer as soon as practicable with the RCA or the Union
respectively.
Should the Union and the RCA fail to reach agreement on
the appropriateness or otherwise of the arrangement, the matter shall be
notified to the Industrial Relations Commission of New South Wales.
No employer shall offer employment to any person on the
basis that the employee must agree to an alternative pattern of working hours.
(b) Where an
alternative pattern of working ordinary hours has been agreed to in accordance
with this section of this Clause either party may terminate such agreement by
giving to the other party 28 days notice or such lesser period as is mutually
agreed.
(c) Any
alternative pattern of working hours shall not in any four week period exceed
152 hours which shall be worked in not more than twenty shifts.
(d) The maximum
ordinary hours that an employee may be required to work shall not exceed twelve
in any shift.
(e) The minimum
ordinary hours that a full time employee may be required to work shall be not
less than four hours in any shift.
(f) Where the
employer and an individual part time employee who has been employed for not
less than four weeks freely agree in writing as provided for by Clause 19 of
this award.
(i) the maximum
ordinary hours that the part time employee may be required to work in any shift
shall not exceed twelve. The provisions
of subclause (j) shall apply to such agreements;
(ii) the part time
employee may work broken shifts within the margins prescribed in subclause
9.1.3 of this Clause, in which case the penalty provided for in subclause 9.5.3
shall apply.
(g) Where the
employer and an individual full time employee who has been employed for not
less than four weeks freely agree in writing as provided for by Clause 19
of the margin of hours may be extended
to a maximum of fourteen. The
provisions of subclause (a) hereof shall apply to such agreement. Employees working in accordance with this
subclause shall receive the broken shift penalty provided for in subclause
9.5.3 provided that, where the broken shift is arranged for the convenience of
the employee, no penalty shall be paid.
(h) Where an alternative
pattern of working hours has been adopted the taking of time off shall be as
mutually agreed and recorded between the parties to the agreement.
(i) Meal period -
The employer and an individual full time or part time employee who has been
employed for not less than four weeks may freely agree in writing as provided
for by Clause 19 that the provisions of subclause 9.6.1 may be varied as agreed
between the employer and the employee provided that, where no unpaid meal break
as prescribed by subclause 9.6.2 is to be taken, the employee shall receive a
twenty minute paid crib break to be taken at an agreed time during the shift.
(j) Meal period,
extended shift workers - in lieu of the provisions of subclause 9.6.1 of this
Clause, employees working ordinary shifts greater than ten hours in working
time shall not be required to work more than five hours without receiving a
twenty minute paid crib break, provided always that the time of taking the
break may be varied to meet working requirements and the employee is not
required to work more than six hours without receiving a break and further
provided that the employee shall receive two such breaks during the course of
the shift.
19.2 Voluntary
Exemption Agreement
This form records the terms of agreement freely reached
between
|
|
The
employeee________________________________________________________________________and
|
The employer
__________________________________________________________________________
|
|
Following negotiations between the parties in which the
Union was/was not involved, in accordance with Clause 11, it has been agreed
to replace the following provisions of the award with the terms set out
below.
|
___________________________________________________________________________________
|
___________________________________________________________________________________
|
|
The wage for the employee, which shall not be less than
33% above the award total rate for the work being performed from time to
time, with a further minimum of not less than 133% of the total award rate
for a Level 4 employee is $____________.
|
Set out below are the terms of any undertakings given in
reaching this agreement:
(Set out the
undertakings)_________________________________________________________________
|
_____________________________________________________________________________________
|
_____________________________________________________________________________________
|
Attached hereto is a copy of any roster proposed to the
employee as being the intended roster.
This agreement has been reached between: .
|
_________________________________________________________(insert
full name of Club or Employer)
|
and______________________________________________________(insert
full name of Employee)
|
Pursuant to clause 11, voluntary exemption agreements of the
Club Employees (State) Award.
(i) An employer
and an individual full time employee who has been employed for not less than
four weeks may freely enter into a written Voluntary Exemption Agreement by
following the procedures set out in this Clause.
(ii) Prior to
negotiating such an agreement, the employer must, where the employee is a Union
member, advise the Union of its intention to negotiate with the employee and
the Union may be involved in those negotiations at the request of the employee.
(iii) The employer,
the Union and the employee could reach agreement on those matters now covered
by any or all of the following Clauses:
Hours
Overtime
Saturday and Sunday Rates
Rostered Days Off
Public Holidays
The terms then agreed to would operate in lieu of those
set out in the Clauses nominated in the agreement, provided that the following
minimum standards are observed:
(a) No agreement
may permit an employee to work more than a maximum of 38 ordinary hours per
week, averaged over 52 weeks.
(b) The agreement
shall provide that the employee must be paid a wage not less than 33% above the
award total rate for the work being performed from time to time.
(c) No employee
shall receive a wage less than 33% above the total award rate for a Level 4
employee.
(iv) the Terms
Agreed to and the Wage Agreed Upon Shall be Set Out in Writing and Signed By
the Parties. the Written Agreement Must
Also Contain the Terms of Any Undertakings Given at the Time of Entering the Agreement
and, If a Roster is Agreed Upon, a Copy of that Roster.
(v) A copy of the
agreement shall be sent to the Union and the RCA within 14 days of the
commencement of operation of the agreement.
(vi) An employee
may terminate an agreement by giving written advice within 28 days of entering
into the agreement.
(vii) Either party
may terminate an agreement after 12 months by giving to the other party 28 days
notice in writing or such lesser period as is mutually agreed.
(viii) No employee
shall suffer a reduction in earnings as a result of entering into an agreement.
(ix) No employer
shall offer employment to any person on the basis that the employee must enter
into an agreement.
The Parties Agree That:
1. They have
read and understand the terms of this document.
2. They know
that this agreement is voluntary and that neither party may be compelled to
agree.
3. They know
that the employee may terminate this agreement by giving written advice within
28 days of entering into the agreement and that either party may terminate this
agreement after 12 months by giving to the other party 28 days notice or such
lesser period as is mutually agreed.
Signed By Or On Behalf Of The
Employer____________________________________________
|
|
Witnessed By______________________________________________________________________
|
|
Signed By The
Employee____________________________________________________________
|
|
Witnessed
By______________________________________________________________________
|
|
Dated_____________________________________________________________________________
|
A signed copy of this document and any attachments is to be
given to the employee.
PART C
Allowances
20. Board and
Lodgings
20.1
20.1.1 Where
meals or board and lodging are provided, the following deductions may be made -
(i) Per Meal -
the amount in Item 23 of Table 2
(ii) Full Board
and Lodging - the amount in Item 24 of Table 2
(iii) Lodging only
- the amount in Item 25 of Table 2.
20.1.2 Resident
Staff who do not require meals on their days off shall be entitled to a refund
of the amount outlined as a deduction charge for each meal.
20.1.3 Juniors
cannot be charged for lodging.
21. First Aid
Allowance
21.1
21.1.1 An
employee, being the holder of a current St. Johns Ambulance First Aid
Certificate, or other WorkCover approved certificate, who is appointed by the
employer as a first-aid attendant shall be paid an allowance of:
(i) Weekly
employee - the rate set out in Item 8 of Table 2.
(ii) Part time
employees - a pro rata payment based on the rate applicable to weekly
employees.
(iii) Casuals - for
engagements where so appointed an hourly amount calculated at the rate of one
thirty-eight of the weekly rate.
21.1.2 This
allowance shall be paid as part of the employee's
wage for all purposes of the award.
21.1.3 Subject
to the provisions of the NSW
Occupational Health & Safety Act (First Aid Regulation) a club shall
appoint at least one first-aid attendant from among employees covered by
this award at all times that the club is trading where one or more employees
qualified in terms of this Clause are in the club's employ and on duty.
22. Special Clothing
22.1
22.1.1 Where
an employer requires an employee to wear either:
(a) black and
white clothing as defined, or;
(b) a specifically
designed club uniform
then the employer shall either supply the clothing or
pay an allowance as follows:
(i) for permanent
employees the weekly allowance set out in Item 10 of Table 2;
(ii) for
apprentices the weekly allowance set out in Item 11 of Table 2;
(iii) for casual
employees an allowance per engagement as set out in Item 12 of Table 2.
22.1.2 Clothing
shall mean:
(a) for male
employees: - shirts, trousers or shorts, vests, shoes, cummerbund and bow tie;
(b) for female
employees: dresses, shirts, slacks
(other than stretch slacks), blouses, vests, shoes, cummerbund and bow tie;
(c) appropriately
coloured socks or stockings, which shall remain the responsibility of the
employee.
22.1.3 No
existing employee shall have any existing entitlement they receive removed
because of the introduction of this Clause.
22.1.4 Where
an employer provides all items of uniform except shoes, the employer shall pay
the allowances as set out in Items 13, 14 and 15 respectively, of Table 2.
22.1.5 When
any item of special clothing is supplied to an employee the employee may be
required to sign a receipt for that item.
Such receipt shall show the item and its value, proof whereof shall rest
with the employer. Upon the termination
of the employee's employment the employee shall return the item to the
employer, failing which the employer may retain from any wages due to the
employee the value of the item as stated on the receipt less proper allowance
for fair wear and tear.
22.1.6 Records
of receipt shall be available for inspection by an official of the Union. In the case of genuine wear and tear,
damage, loss, or theft that is not the employee's fault this provision shall
not apply.
22.1.7 Any
disagreement concerning the value of an item of uniform and any other aspect of
this subclause shall be determined in accordance with the terms of Clause 30.
22.1.8 Where
an employee is required by the employer to wear any special clothing other than
that provided for above, such clothing shall be purchased at the employer's
expense.
22.1.9 Special
clothing shall be laundered or cleaned at the employers expense or the employer
can pay an allowance of:
(i) In the case
of permanent employees an amount as set
out in item 16 of Table 2, or
(ii) in the case of
waiting apprentices, an amount as set out in Item 17 of Table 2;
(iii) where the
apprentice is only required to wear a cummerbund, an amount as set out in Item
18 of Table 2.
(iv) in the case of
casual employees an amount set out in Item 19 of Table 2;
(v) in the case of
permanent cooks an amount as set out in Item 20 of Table 2;
(vi) in the case of
cooking apprentices an amount as set out in item 21 of Table 2;
(vii) in the case of
casual kitchen staff an amount as set out in Item 22 of Table 2;
22.1.10 Clothing
allowances shall be paid while an employee is absent on approved paid leave.
23. Tool Allowance
23.1
23.1.1 Where
an employer expressly requires an employee other than an apprentice to provide
his own tools to perform the employer’s work, the employee shall be paid a tool
allowance, an amount set out in Item 26 of Table 2.
23.1.2 Apprentices
in cooking shall be paid each week a tool allowance equal to 60 per centum of
the amount prescribed by subclause 23.1.1 hereof, and set out in Item 27 of
Table 2.
23.1.3 Where
the employer supplies the
apprentice with all the necessary tools of use in his trade (such tools to
remain the property of the employer) no tool allowance is payable.
23.1.4 Where
a tool allowance is paid to apprentices, the employer may, from time to time
inspect the tools provided by an apprentice and, if not satisfied that
reasonable tools are being provided and kept in serviceable condition having
regard to the quantum of tool allowance paid, may supply or render serviceable
such tools and deduct the cost thereof from tool allowance payments thereafter
becoming due.
24. CPI Increases
24.1.1 Upon
application by the Union and upon publication by the Australian Bureau of
Statistics of the Consumer Price Index (8 Capital) for the six months ended
June and December in each year, the allowances prescribed by Clauses 20, 22 and
23 of this Part together within subclauses 9.5, 9.11 and 9.17 of Part B, shall
be increased by the percentage increase in the index over the previous six months.
PART D
Leave
25. All Employees
25.1 Annual Holiday
25.1.1 This
Clause applies to full-time and part-time employees only. For Casual employees see the Annual Holidays
Act 1944 and Clause 9.14.4.
25.1.2 All
employees are entitled to 4 weeks annual leave per year in accordance with the
provisions of the Annual Holidays Act 1944.
25.1.3 An
employee who works at least 30 Sundays and/or Public Holidays in each twelve
month period shall be entitled to an additional 1 week’s annual leave.
25.1.4 Where
an employee’s employment is terminated during any twelve month period but he
has still worked 30 Sundays and/or Public Holidays, the employee shall receive
payment of an additional 1 week’s leave.
25.2 Annual Holiday
Loading
25.2.1 Prior
to an employee proceeding on annual Holidays, the employer shall, in addition
to the annual holiday pay, pay to the employee a loading of either:
(a) 17½% of the
ordinary time weekly wage, or
(b) any shift
allowances and weekend penalties in respect of the ordinary time the employee
would have worked had he not been on holiday, whichever is the greater amount.
25.2.2 The
Clothing & First Aid Allowance are payable on annual leave.
25.2.3 The
loading is payable on termination for accrued annual leave except where the
employee is dismissed for misconduct.
25.3 Long Service
Leave
See Long Service Leave Act 1955.
26. Full-Time and
Part-Time Employees
26.1 Bereavement
Leave
26.1.1 The
entitlement to bereavement leave occurs upon the death of:
(a) spouse,
father, mother, father-in-law, mother-in-law, foster father, foster mother,
grandfather, grandmother,
(b) child,
stepchild, fosterchild, grandchild,
(c) brother,
sister, brother-in-law, sister-in-law
26.1.2 "Spouse"
includes a person with whom the employee is living in a de facto relationship
at the time of bereavement.
26.1.3 When
an employee claims bereavement leave in respect to a de facto spouse they
cannot further claim such leave on the death of a legal spouse.
26.1.4 "Bereavement
Leave" means leave without loss of pay for a period not exceeding the
number of ordinary hours rostered for the employee in three ordinary days and
shall be granted only for the purpose of arranging and/or attending the
funeral.
26.1.5 "Funeral"
includes a formal memorial service conducted in Australia for a deceased person
who has died and/or is being laid to rest overseas.
26.1.6 To
claim bereavement leave the employee
(a) must give
proper and reasonable notice to the employer of the funeral, and
(b) must provide
satisfactory proof that he attended the funeral.
26.1.7 Bereavement
Leave cannot be claimed when the employee is already off on leave or on his
Rostered Days Off.
26.2 Blood Donors
26.2.1 A
employee who wishes to donate blood shall be allowed to do so during working
hours without loss of pay for ordinary time, provided that
(a) the employee
agrees with the employer upon the day and time which least inconveniences the
club's operations. In the case of a
disagreement, the employer shall have the right to nominate the date and time,
or to refuse to give the employee leave; and
(b) the employee is
able to donate blood at a mobile service of the Red Cross Blood Bank which is
situated in or immediately adjacent to the club's land or premises, or at a
hospital within five or less walking minutes from the club's premises; and
(c) having donated
blood, the employee provides sufficient proof thereof and returns to work
thereafter; and
(d) the entitlement
is limited to a maximum of two hours on no more than three occasions in any one
year of employment.
26.3 Jury Service
26.3.1 An
employee required to attend for jury service during his ordinary working hours
shall be reimbursed by the employer an amount equal to the difference between
the amount paid in respect of his attendance for such jury service and the
amount of wages he would have received in respect of the ordinary time he would
have worked had he not been on jury service.
26.3.2 An
employee shall notify his employer as soon as possible of the date upon which
he is required to attend for jury service.
26.3.3 The
employee shall give his employer proof of his attendance, the duration of such
attendance and the amount received in respect of such jury service.
26.4 Family Care
Leave
26.4.1 Use
of sick leave
(a) An employee
with responsibilities in relation to a class of person set out in paragraph (d)
who needs their care and support shall be entitled to use, in accordance with
this subclause, any sick leave entitlement which accrues after 15 September
1995 for absences to provide care and support for such persons when they are
ill.
(b) The employee
shall, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to
the employee being responsible for the care and support of the person
concerned; and
(d) the person
concerned being:
(i) a spouse of
the employee; or
(ii) 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
(iii) 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
(iv) a same sex partner
who lives with the employee as the de facto partner of that employee on a bona
fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(e) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is
not practicable for the employee to give prior notice of absence, the employee
shall notify the employer by telephone of such absence at the first opportunity
on the first day of absence.
26.4.2 Unpaid
Leave For Family Purposes
(a) 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 26.4.1(d)
above who is ill.
26.4.3 Annual
Leave
(a) To give effect
to this Clause, but subject to the Annual Holidays Act 1944, an employee
may elect, with the consent of the employer, to take annual leave not exceeding
five days in any calendar year at a time or times agreed by the parties.
(b) Access to
annual leave, as prescribed in paragraph (a) above, shall be exclusive of any
shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
26.4.4 Time
Off In Lieu Of Payment For Overtime
(a) The terms of
Clause 14.1.14 shall apply except for "make-up" time provided for in
subclause 26.4.5 hereof.
26.4.5 Make
Up Time
(a) An employee
may elect, with the consent of their employer, to work "make-up"
time, under which the employee takes time off ordinary hours, and works those
hours at a later time, during the spread of ordinary hours provided in the
award, at the ordinary rate of pay.
26.4.6 Grievance
Process
(a) In the event
of any dispute arising in connection with any part of this Clause, such dispute
shall be processed in accordance with Clause 30.
26.5 Repatriation Leave
26.5.1 An
employee, being a Returned Service person, shall be allowed as time worked,
lost time incurred in attending Repatriation Centres for medical examinations
and/or treatment.
26.5.2 Payment
for lost time shall be limited to
(a) 8 hours on any
one attendance
(b) 5 attendances
per year
(c) total of 24
hours per year
26.5.3 The
employer shall only pay the difference between ordinary wages rates for the
time lost and any payment received from the Repatriation Department as a result
of any such visit.
26.5.4 The
employee must produce satisfactory evidence that he is required to and
subsequently does attend a Repatriation Centre.
26.6 Sick Leave
26.6.1 After
3 months continuous service an employee becomes entitled to 76 hours sick leave
or a proportional amount in the case of a part time employee.
26.6.2 At
each subsequent anniversary of the employee’s commencement he shall become
entitled to another 76 hours of sick leave or a proportional amount in the case
of a part time employee.
26.6.3 Sick
leave is fully accumulative until used.
26.6.4 Other
than one single day absence per year, an employee must provide a doctors certificate
if the employer so requires. For the
single day absence each year a statutory declaration shall be sufficient.
26.6.5 When
sick, the employee shall, as soon as possible, and in any case within 24 hours
of the commencement of the absence, inform the employer of his inability to
attend for duty, and, as far as possible, state the nature of the injury or
illness and the estimated duration of the incapacity.
26.6.6 For
the purpose of this Clause continuous service shall be deemed not to have been
broken by:
(a) any absence
from work on leave granted by the employer;
(b) any absence
from work by reason of personal illness, injury or other reasonable cause
(proof whereof shall in each case be upon the employee); provided that any time
so lost shall not be taken into account in computing the qualifying period of
three months.
PART E
Dispute Resolution
Authorised stopwork meetings
27.1 Full-time and
part-time employees, together with those casual employees usually rostered on
at the time and on the day on which an authorised meeting is held, who are
members of the Union shall be allowed to attend two stopwork meetings per year,
authorised by the Secretary and/or President of the Union, without loss of
ordinary pay, for the purpose of discussing matters affecting the award,
provided that the following conditions are observed:-
(a) At least
fourteen days' notice of such meeting is given to the Registered Clubs
Association of New South Wales, in addition to the customary distribution of
circulars by the Union to its members;
(b) The period of
the meeting shall be of not more than three hours duration including all
necessary travelling time, and the employees rostered on shall return by noon
on that day;
(c) Payment shall
be made for the period that the full-time or part-time employee was rostered
for duty, or, in the case of a casual employee for the time usually rostered on
and the employee was in attendance at the meeting as set out above;
(d) Such stopwork
meeting shall be held on a Monday, Tuesday, Wednesday or Thursday (the day as
selected by the Union not being a Public Holiday under this award): However, when any such meeting is held on a
Wednesday, those office employees usually and actually employed on that day in
the making up of wages shall be exempt from attendance at the meeting while
they are so engaged;
(e) Payment of
wages shall be made only upon the employer being in receipt of satisfactory
evidence of the employee's attendance at the meeting;
(f) In
residential clubs the employer and the Union may agree on the composition of
essential staff for security purposes with a maximum of two persons who may
remain on duty during the meeting;
(g) Employees who
are not members of the Union and who are rostered for work on the day and for
the duration of the stopwork meeting of Union members, may be required to work
as rostered;
(h) Where a club
decides to trade during the time of a meeting and sufficient employees who are
not members of the Union are not available, Union members who freely volunteer
to work during the time of the meeting shall be entitled to attend a separate
paid stopwork meeting in accordance with this Clause in the same week.
28. Right of Entry to
Union Officials
See sections 297 & 298 of the Industrial Relations
Act 1996.
29. Grievance
Procedure
(a) Procedures
relating to grievances of individual employees -
(i) The employee
shall notify the employer in writing, or otherwise, as to the substance of any
grievance and request a meeting with the employer for bilateral discussions in
order to settle the grievance. The
employee may have another employee or the Union delegate present during these
discussions.
(ii) If no remedy
to the employee’s grievance is found, then the employee shall seek further
discussions and attempt to resolve the grievance at a higher level of
authority, where appropriate.
(iii) Reasonable
time limits must be allowed for discussions at each level of authority.
(iv) At the
conclusion of the discussions, the employer must provide a response to the employee’s
grievance, if the matter has not been resolved, including reasons for not
implementing any proposed remedy. At
this stage if the employee’s grievance still exists, Clause 30 shall be
invoked.
30. Settlement of
Disputes
30.1
30.1.1 In
an effort to promote the growth and maintenance of good industrial relations
between the Union, its members and employers in the Club Industry of New South
Wales, the following procedures will be complied with.
30.1.2 Where
a matter likely to affect industrial relations arises the Union and the Club
affected must seek to resolve the problem by negotiation.
30.1.3 Such
matters must initially be discussed between the club manager and/or his
representative and the Union delegates at the club.
30.1.4 Should
the matter not then be resolved it must be discussed between the club manager,
the Union delegates and a Union official nominated by the Secretary and/ or
President of the Union, together with such advisers as each party may require.
30.1.5 While
this procedure is being followed the status quo will be maintained, that is the
employer will not implement the matter which is the subject of the dispute and
the employees will not take industrial action.
30.1.6 In a
case of proposed change of roster, a request that the status quo be maintained
must be made within 3 days after the change of roster is notified. Where such request is not made negotiations
shall proceed in accordance with this procedure without the need to maintain
the status quo.
30.1.7 Neither
party will notify the Industrial Relations Commission of New South Wales until
a final conference between the parties and their advisers determines that the
matter is likely to cause an industrial dispute.
30.1.8 At
this stage, should the matter not be resolved, each side is free to proceed as
it may decide.
30.1.9 In
the case of dismissal the employer shall, without prejudice to his final
rights, ensure that an employee is subject to the accepted counselling
procedure, has an opportunity to answer any allegations put to him and has the
opportunity of being represented by a Union official in accordance with this
procedure prior to dismissing the employee.
The employer shall comply with this requirement by advising the employee
that dismissal is being considered, that the employee has the right to be
represented by a Union official and allowing sufficient time for a Union
official to attend; provided that, where a Union official does not attend
within 3 days from the advice of the employer to the employee, the employer may
deal with the dismissal without a Union official being present.
30.1.10 Where
an employer is considering dismissal he may suspend an employee from attendance
at the workplace for the purpose of observing this procedure, in which case the
employee shall receive the total wages that would have been payable according
to the employee's roster had the employee not been suspended.
PART F
Superannuation
31. Definitions
31.1
31.1.1 In
this Clause:
(a) "Club
Plus" means
The Club Plus Superannuation Scheme established by
trust deed dated 27 February, 1987.
(b) "Eligible
Employee" means:
Any employee employed under the terms and provisions of
the Club Employees (State) Award
(c) "Employed
in the Club Industry" means:
Employed to work in a club where such employment is
governed by the terms of the Club Employees (State) Award.
(d) "Ordinary
Time Earnings" means:
(i) in the case
of a full time weekly employee, the weekly rate for the classification,
together with penalty payments for ordinary hours including Saturday and Sunday
rates and Voluntary Enterprise Agreements where appropriate.
Payments incurred for working Public Holidays and
overtime worked are not included in such calculations.
(ii) In the case
of a part time employee the number of ordinary hours (excluding overtime)
worked in a week multiplied by the Monday to Friday hourly rate including the
part-time loading for the employee (where applicable).
(iii) In the case
of a casual employee the number of ordinary hours worked in each week
(excluding overtime hours) multiplied by the Monday to Friday hourly rate
including the appropriate casual loading for the classification of the
employee. Pro rata annual leave loading
is excluded.
(e) "Trustee"
shall mean:
Club Plus Pty Limited or such other trustee of Club
Plus as may be appointed from time to time.
(f) "Union"
means:
The Australian Liquor, Hospitality & Miscellaneous
Workers Union, Liquor & Hospitality Division, New South Wales Branch.
32. Enrolment
32.1
32.1.1 Subject to the
provisions of section 124 of the Industrial Relations Act 1996 each
employer shall
(a) enter into a
formal agreement with the Trustee acknowledging itself to be bound by the Club
Plus trust deed; and
(b) take all
necessary steps to ensure that each of his eligible employees becomes a member
of Club Plus.
32.1.2 Each eligible
employee shall join Club Plus.
33. Contributions
33.1
33.1.1 Each
employer shall pay to the Trustee in respect of each eligible employee an
amount equal to three per centum of the employee's ordinary time earnings.
34. Remitting
Payments
34.1 Each employer
shall remit to the Trustee of the fund all payments due in respect of his
employees immediately at the conclusion of each calendar month or at such other
times and in such other manner as may be agreed in writing between the Trustee
and the employer. Where such agreement
cannot be reached the matter shall be referred to the NSW Industrial Commission
for determination.
35. Records
35.1
35.1.1 The
employer shall retain all records relating to the calculation of payments due
to Club Plus in respect of each employee and such records shall be retained for
a period of six years. They shall be available for inspection by:
(a) the officials
of the Union;
(b) representatives
of the Trustee.
36. Time and Wages
Records
36.1
36.1.1 In
addition to the information that each employee is required by Clause 5, Time
and Wages Records, to enter on his time and wages book or sheets and/or bundy
clock he shall enter his membership number of CLUB PLUS.
37. Casual Employees
37.1
37.1.1 Casual
employees - For the purposes of ensuring that a casual employee who is not an
eligible employee may prove his/her service in the industry each employer
shall, if requested by a casual employee, provide him/her with a written
statement setting out the dates of his her employment with the employer.
38. Unpaid
Contributions
38.1
38.1.1 Should
an employer fail to sign the
Deed of Adherence as prescribed by clause 32.1.1 and further fail to make the
payments prescribed by clause 33 of this clause the sum of three per cent of
ordinary time earnings shall become due to each employee, provided always that:
(a) this clause
shall cease to apply if the employer subsequently complies with the said provisions
of clause 32.1.1 and clause 33 of this clause by making the payments due during
the period of non compliance.
(b) Nothing in this
clause shall relieve the employer of his/her obligation under clause 32.1.1.
39. Exemptions
39.1
39.1.1 Where
an employer is incapable of complying with this award on the grounds of extreme
incapacity to pay as set out in the wage fixing principles adopted by the
Industrial Relations Commission of New South Wales he/she may apply to the said
Commission for exemption from this award while ever the incapacity exists,
provided that:
(a) he/she shall
comply with this award until the matter is determined by the Commission;
(b) such compliance
shall be without prejudice to the outcome of the application.
PART G
Training
40. Prescribed
Standard of Training
40.1
40.1.1 "Prescribed
Standard of Training" means:
(a) Satisfactory
completion of a training course deemed suitable according to guidelines issued
through Tourism Training Australia for that particular classification and
accredited by the Australian Hospitality Review Panel; or
(b) That the
employee's skills have been assessed to be at least the equivalent of those
attained through the suitable course described in (a) , such assessment to be
undertaken by a skills assessor qualified under the ACCESS system.
41. Industry Training
Contract
41.1
41.1.1 This
contract is entered into by the Union and the RCA to recognise the benefits of
training for the industry.
41.1.2 The
parties commitment to training means that all employees (Board members,
management and wages employees) should have the opportunity to upgrade their
skills. Therefore employees should have
reasonable access to relevant training and/or training facilities.
41.1.3 Where
it is agreed in a Club, consultative mechanisms shall be established involving
employer and employee representatives to discuss the efficient implementation
of training programs within the club.
41.2 Employer
Contributions
41.2.1 Where
an employee is requested by the employer to undertake a specific training
course, it is to be expected that the employer should contribute to the cost of
the training including arranging training during normal working hours where
practicable, contributing towards course fees and materials, arranging
assessment, etc.
41.2.2 Where
appropriate, clubs will seek to have employees qualified as Workplace Assessors
and/or to otherwise provide reasonable facilities for assessment during working
hours.
41.2.3 Employers
shall ensure that access to assessment and/or training will be conducted on an
equitable basis.
41.2.4 This
shall not prevent an employee being denied such benefits where this is a result
of reasonable disciplinary action.
41.3 Employee
Contributions
41.3.1 As
employees will benefit from training through access to higher pay levels,
greater marketability, and increased job satisfaction, it is also expected that
employees should contribute to the cost of training.
41.3.2 Where
an employee has been requested by the employer to undertake training, this
should include travelling to training in the employee's time where necessary;
in cases where training cannot be arranged during the usual rostered hours
accepting payment for training time occurring outside the usual rostered hours
at ordinary time; or agreeing to alter rosters and work flexible hours in
accordance with the award to allow training to occur during rostered hours but
not so as to reduce an employees’ earnings for the usual working time.
41.3.3 The
RCA will organise Workplace and Industry Assessor training courses immediately
this contract is entered into, with the aim that sufficient assessors will be
available within 18 months to allow all employees within the industry to have
reasonable access to assessment.
41.3.4 The
parties shall establish a Committee of Review to be chaired by an agreed
independent party to monitor the progress of implementation of this Training
Contract and of the new classification structure. Disagreements over aspects of the new structure may also be referred
to the Committee.
42. Training -
General
42.1 General
42.1.1 Where
an employee is requested by the employer to undertake a specific training
course, then the following conditions shall apply: -
(a) Where it is
required for an employee to travel to or from training outside of ordinary
working hours, such travelling shall be deemed to be non-working time.
(b) Where training
cannot be arranged during the employee's usual rostered hours, then the
employee shall not be entitled to receive in excess of the employee's ordinary
(single time) hourly rate for the period of training.
(c) An employee
shall not unreasonably refuse to agree to alter rosters or to work flexible
hours in accordance with the award to allow training to occur during rostered
hours but not so as to reduce the employee's earnings for usual working time.
42.2 Apprentices
42.2.1 Apprentices
attending college for training shall be entitled to fares to and from home to
college.
42.2.2 The
fees for attending college shall be paid by the employer at the beginning of
the college year.
43. Training Wages
43.1 Application
43.1.1 This
Clause shall apply to persons who are undertaking a traineeship (as defined).
43.1.2 The
terms and conditions of this award shall apply, except where inconsistent with
this Clause.
43.1.3 This
Clause does not apply to the apprenticeship system.
43.2 Objective
43.2.1 The
objective of this award is to assist with the establishment of a system of
traineeships which provide approved training in conjunction with employment in
order to enhance the skill levels and future employment prospects of trainees,
particularly young people, and the long-term unemployed. The system is neither
designed nor intended for those who are already trained and job ready. Existing
full-time, part-time and casual employees shall not be displaced from
employment by trainees.
43.3 Definitions
43.3.1 "Approved
Training" means training undertaken (both on or off the job) in a
traineeship and shall involve formal instruction, both theoretical and
practical, and supervised practice in accordance with a traineeship scheme
approved by the Department of Employment and Training (DET). The training will
be accredited and lead to qualifications as set out in subclause 43.4.5.
43.3.2 "Relevant
Union" means the Australian Liquor, Hospitality and Miscellaneous Workers
Union, Liquor and Hospitality Division, New South Wales Branch.
43.3.3 "Trainee"
means an employee who is bound by a traineeship agreement made in accordance
with this Clause.
43.3.4 "Traineeship"
means a system of training which has been approved by DET.
43.3.5 "Traineeship
Agreement" means an agreement made subject to the terms of this part
between an employer and the trainee for a traineeship and which is registered
with DET, or under the provisions of the appropriate State legislation. A
traineeship agreement shall be made in accordance with the relevant approved
traineeship scheme and shall not operate unless this condition is met.
43.3.6 "Traineeship
Scheme" means an approved traineeship applicable to a group or class of
employees or to an industry or sector of an industry or an enterprise. A
traineeship scheme shall not be given approval unless consultation and
negotiation with the relevant Union(s) upon the terms of the proposed
traineeship scheme and the traineeship have occurred. An application for
approval of a traineeship scheme shall identify the relevant Union(s).
43.3.7 "Parties
to a Traineeship Scheme" means the employer organisation and/or the
employer and the relevant Union involved in the consultation and negotiation
required for the approval of a traineeship scheme.
43.3.8 "DET"
means the New South Wales Department of Employment and Training.
43.3.9 "Appropriate
State Legislation" means the Industrial and Commercial Training Act
1989, or any successor legislation.
43.4 Training
Conditions
43.4.1 The
trainee shall attend an approved training course or training program prescribed
in the traineeship agreement or as notified to the trainee by DET in accredited
and relevant traineeship schemes.
43.4.2 A
traineeship shall not commence until the relevant traineeship agreement, made
in accordance with a traineeship scheme, has been signed by the employer and
the trainee and lodged for registration with DET, provided that if the
traineeship agreement is not in a standard format, a traineeship shall not
commence until the traineeship agreement has been registered with DET. The
employer shall ensure that the trainee is permitted to attend the training
course or program provided for in the traineeship agreement and shall ensure
that the trainee receives the appropriate on-the-job training.
43.4.3 The
employer shall provide a level of supervision in accordance with the
traineeship agreement during the traineeship period.
43.4.4 The
employer agrees that the overall training program will be monitored by officers
of the nominated New Apprenticeship Centre (NAC) and training records or work
books may be utilised as part of this monitoring process. Like access to
training records and work books shall be given to Union officials.
43.4.5 Training
shall be directed at:
(a) the
achievement of key competencies required for successful participation in the
workplace, where these have not been achieved (e.g., literacy, numeracy, problem
solving, team work, using technology), and as are proposed to be included in
the Australian Vocational Certificate Level 1 qualification.
This could be achieved through foundation competencies
which are part of endorsed competencies for an industry or enterprise; and/or
(b) the achievement
of competencies required for successful participation in an industry or
enterprise (where there are endorsed national standards, these will define
these competencies), as are proposed to be included in the Australian Vocational
Certificate Level 2 qualification or above.
43.5 Employment
Conditions
43.5.1 A
trainee shall be engaged as a full-time employee for a maximum of one year's
duration, provided that a trainee shall be subject to a satisfactory probation
period of up to one month, which may be reduced at the discretion of the
employer. By agreement in writing, and with the consent of DET, the relevant
employer and the trainee may vary the duration of the traineeship and the
extent of approved training, provided that any agreement to vary is in
accordance with the relevant traineeship scheme.
43.5.2 An
employer shall not terminate the employment of a trainee in contravention of
subclause 30.1.9, Settlement of Disputes, and without firstly having provided
written notice of termination to the trainee concerned and DET in accordance
with the traineeship agreement or the Industrial and Commercial Training Act
1989.
43.5.3 The
trainee will be permitted to be absent from work without loss of continuity of
employment and/or wages to attend the training in accordance with the
traineeship agreement.
43.5.4 Where
the employment of a trainee by an employer is continued after the completion of
the traineeship period, such traineeship period shall be counted as service for
the purposes of any relevant award or any other legislative entitlements.
43.5.5 The
traineeship agreement may:
(a) Restrict the
circumstances under which the trainee may work overtime and shift work in order
to ensure the training program is successfully completed.
(b) No trainee
shall work overtime or shift work on their own unless consistent with the
provisions of this award.
(c) No trainee
shall work shift work unless the parties to a traineeship scheme agree that
such shift work makes satisfactory provision for approved training. Such
training may be applied over a cycle in excess of a week, but must average over
the relevant period not less than the amount of training required for
non-shift-work trainees.
(d) The trainee
wages shall be the basis for the calculation of overtime and/or shift penalty
rates prescribed by the relevant award, unless otherwise agreed upon by the
parties to a traineeship scheme.
43.5.6 All
other terms and conditions of this award are applicable to the trainee, or
would be applicable to the trainee but for this Clause, shall apply unless
specifically varied by this Clause.
43.5.7 A
trainee who fails to either complete the traineeship or who cannot for any
reason be placed in full-time employment with the employer on successful
completion of the traineeship, shall not be entitled to any severance payments.
43.6 Wages
43.6.1 The
weekly wages payable to trainees are as provided in Tables 3 and 4 of Part J of
this award.
(a) These wage
rates will only apply to trainees while they are undertaking an approved
traineeship, which includes approved training as defined in this Clause.
(b) The wage rates
prescribed by this Clause do not apply to the complete trade level training,
which is covered by the apprenticeship system.
43.6.2 Clause
43.7 sets out the industry/skill level of an approved traineeship. The
industry/skill levels contained in Clause 43.7 are, prima facie, the
appropriate levels but are not determinative of the actual skill levels (i.e.,
Skill Levels A or B) that may be contained in a traineeship scheme. The
determination of the appropriate skill level for the purpose of determining the
appropriate wage rate shall be made by DET, based on the following criteria:
(a) any agreement
of the parties;
(b) the nature of
the industry;
(c) the total
training plan;
(d) recognition
that training can be undertaken in stages;
(e) the exit skill
level in the award contemplated by the traineeship.
In the event that the parties disagree with such
determination, it shall be open to any party to the award to seek to have the
matters in dispute determined by the Industrial Relations Commission of New
South Wales.
43.6.3 For
the purposes of Tables 3 and 4 "out of school" shall refer only to
periods out of school beyond Year 10, and shall be deemed to:
(a) include any
period of schooling beyond Year 10 which was not part of, nor contributed to, a
completed year of schooling;
(b) include any
period during which a trainee repeats in whole or part a year of schooling
beyond Year 10; and
(c) not include
any period during a calendar year in which a year of schooling is completed.
43.6.4 At
the conclusion of the traineeship, and if the employment of the trainee
continues, this Clause ceases to apply to the employment of the trainee.
43.7 Industry/Skill
Levels
Industry/Skill Level A
Office Clerical
Commonwealth Public Sector Clerical
Local Government Clerical
Finance, Property and Business Services
Industry/Skill Level B
Wholesale and Retail
Recreation and Personal Services
Transport and Storage
Manufacturing
PART H
General
44. General
Conditions
44.1
44.1.1 An
employer shall provide for non resident employees a separate dressing room,
each for male and female employees, adequately lighted and ventilated, with
suitable floor covering and floor space, to be sufficiently roomy to
accommodate all employees likely to use it at one time, sufficient seating
accommodation, and a lounge settee and steel or vermin proof lockers, a wash
basin with hot and cold water, and toilets for ‘staff use only’.
44.1.2 Where
employees are not permitted to use the dining room facilities of the club, the
employer shall provide reasonable facilities for use by the employees.
44.1.3 The
provisions of subclause 44.1.1 of this clause shall not apply to a club where
not more than two weekly or part time employees are regularly employed.
45. Other Conditions
45.1
45.1.1 Protective
Clothing
Where it is necessary that waterproof or other
protective clothing such as waterproof boots, aprons, or gloves be worn by an
employee such clothing shall be supplied without cost to the employee and shall
remain the property of the employer.
45.1.2 Travelling
Facilities
Where an employee, who does not have his own form of
transport, is detained at work beyond their normal rostered hours so that it is
too late for the employee to travel by bus, train or other means of public
transport to his usual place of residence, the employer shall provide and pay
for the proper conveyance of the employee to his usual place of residence.
45.1.3 First Aid Kit
A medical first-aid kit shall be readily accessible to
all employees. The kit is to be
supplied and maintained by the employer and shall be of the standard required
by the relevant NSW Occupational Health and Safety (First Aid Regulation).
45A. Deduction of
Union Membership Fees
(i) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
(b) the Union
shall advise the employer of the amount to be deducted for each pay period
applying at the employer's workplace and any changes to that amount;
(c) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months' service (continuous or otherwise).
(ii) The
employee's authorisation shall be in writing and shall authorise the deduction
of an amount of Union fees (including any variation in that fee effected in
accordance with the Union rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee's consent
to do so. Such consent may form part of
the written authorisation.
(iii) Monies so
deducted from employees' pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
(a) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where an
employee has already authorised the deduction of Union membership fees in
writing from his or her pay prior to this clause taking effect, nothing in this
clause shall be read as requiring the employee to make a fresh authorisation in
order for such deductions to commence or continue.
(v) The Union
shall advise the employer of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly, or quarterly as the case may be. The Union shall give the employer a minimum
of two months' notice of any such change.
(vi) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(vii) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of union membership fees to cease.
2. The above
variations shall take effect:
(i) In the case
of employers which currently deduct union membership fees, or whose payroll
facilities are carried out by way of an
outsourcing arrangement, or whose payroll calculations are made through
the use of computerised means, from the beginning of the first pay period to commence on or after 1
February 2003.
(ii) In the case
of employers who do not fall within subparagraph (i) above, but who currently
make deductions, other than union membership fee deductions or mandatory
deductions (such as for taxation instalments or superannuation contributions)
from employees' pay, or have in place facilities to make such deductions, from
the beginning of the first pay period to commence on or after 1 May 2003.
(iii) For all other
employers, from the beginning of the first pay period to commence on or after 1
August 2003.
46.
Anti-Discrimination
46.1
46.1.1 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 and age.
46.1.2 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 effect. 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.
46.1.3 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.
46.1.4 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.
46.1.5 This
Clause does not create legal rights or obligations in addition to those imposed
upon the parties by the legislation
referred to in this Clause.
46.1.6 NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in the Act affects any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
PART I
Redundancy and
Technological Change
47. Application
47.1
47.1.1 This
Part shall apply in respect to full time and part time persons employed in the
classifications specified by Clause 8, Classifications.
47.1.2 In
respect to employers who employ 15 or more employees immediately prior to the
termination of employment of employees, in the terms of Clause 50.
47.1.3 Notwithstanding
anything contained elsewhere in this Part, this Part shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
47.1.4 Notwithstanding
anything contained elsewhere in this Part, this Part shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks, or where employment is
terminated due to the ordinary and customary turnover of labour.
48. Introduction of
Change
48.1 Employer's Duty
To Notify
48.1.1 Where
an employer 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 employer shall notify the employees
who may be affected by the proposed changes and the Union to which they belong.
48.1.2 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employer's workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
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.
Provided that where this award makes provision for
alteration, it shall be deemed not to have significant effect.
48.2 Employer's Duty
To Discuss Change
48.2.1 The
employer shall discuss with the employees affected and the Union to which they
belong, inter alia, the introduction of the changes referred to in subclause
48.1 above, the effects the changes are likely to have on employees and
measures to avert or mitigate the adverse effects of such changes on employees,
and shall give prompt consideration to matters raised by the employees and/or
the Union in relation to the changes.
48.2.2 The
discussions shall commence as early as practicable after a definite decision
has been made by the employer to make the changes referred to in subclause 48.1
of this Clause.
48.2.3 For
the purpose of such discussions, the employer shall provide to the employees
concerned and the Union to which they belong all relevant information about the
changes, including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
49. Redundancy
49.1 Discussions
Before Terminations
49.1.1 Where
an employer has made a definite decision that the employer no longer wishes the
job the employee has been doing to be done by anyone pursuant to subclause
48.1.1, and that decision may lead to the termination of employment, the
employer shall hold discussions with the employees directly affected and with
the Union to which they belong.
49.1.2 The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subclause 49.1.1
and shall cover, inter alia, any reasons for the proposed terminations,
measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of any termination on the employees concerned.
49.1.3 For
the purpose of the discussion the employer shall, as soon as practicable,
provide to the employees concerned and the Union to which they belong all
relevant information about the proposed terminations, including the reasons for
the proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
50. Termination of
Employment
50.1 Notice For
Changes In Production, Programme, Organisation Or Structure
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from production,
program, organisation or structure, in accordance with subclause 48.1.1.
50.1.1 In
order to terminate the employment of an employee, the employer shall give to
the employee the following notice:
Period of
Continuous Service
|
Period of Notice
|
Less than one year
|
1 week
|
1 year and less than 3 years
|
2 week
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
50.1.2 In
addition to the notice above, employees over 45 years of age at the time of the
giving of the notice, with not less than two years' continuous service, shall
be entitled to an additional week's notice.
50.1.3 Payment
in lieu of the notice above shall be made if the appropriate notice period is
not given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
50.1.4 Unless
and until the employer has complied with the requirements of Clause 48,
Introduction of Change, and Clause 49, Redundancy, the status quo will be
maintained; that is, the employer will not implement the redundancy or
redundancies which is or are the subject of the dispute, and the employees will
not take industrial action.
50.2 Notice For
Technological Change
This subclause sets out the notice provisions to be
applied to termination by the employer for reasons arising from technology in
accordance with subclause 48.1.1 of this award:
50.2.1 In
order to terminate the employment of an employee, the employer shall give to
the employee three months' notice of termination.
50.2.2 Payment
in lieu of the notice above shall be made if the appropriate notice period is
not given. Provided that employment shall be terminated by part of the period
of notice specified and part payment in lieu thereof.
50.2.3 The
period of notice required by this subclause to be given shall be deemed to be
service with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of these
Acts.
50.3 Time Off During
The Notice Period
50.3.1 During
the period of notice of termination given by the employer, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purpose of seeking other
employment.
50.3.2 If
the employee has been allowed paid leave for more than one day during the
notice period for the purpose of seeking other employment the employee shall,
at the request of the employer, be required to produce proof of attendance at
an interview or the employee shall not receive payment for the time absent.
50.4 Employee
Leaving During The Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this Clause to which the
employee would have been entitled had the employee remained with the employer
until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
50.5 Statement Of
Employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
50.6 Notice To
Commonwealth Employment Service
Where a decision has been made to terminate employees,
the employer shall notify the Commonwealth Employment Service thereof as soon
as possible, giving relevant information, including the number and categories
of the employees likely to be affected and the period over which the
terminations are intended to be carried out.
50.7 Department Of
Social Security Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
Employment Separation Certificate in the form required by the Department of
Social Security.
50.8 Transfer To
Lower-Paid Duties
Where an employee is transferred to lower-paid duties
for reasons set out in subclause 48.1, the employee shall be entitled to the
same period of notice of transfer as the employee would have been entitled to
if the employee's employment had been terminated, and the employer may, at the
employer's option, make payment in lieu thereof of an amount equal to the
difference between the former ordinary-time rate of pay and the new ordinary-time
rates for the number of weeks of notice still owing.
51. Severance Pay
51.1 Where an
employee is to be terminated pursuant to subclause 50, subject to further order
of the Industrial Relations Commission of New South Wales, the employer shall
pay the employee the following severance pay in respect of a continuous period
of service.
51.1.1 If
an employee is under 45 years of age, the employer shall pay in accordance with
the following scale:
Years
of service
|
Under
45 years of age
|
|
Entitlement
|
Less than 1 year Nil
|
Nil
|
1 year and less than 2 years
|
4
weeks
|
2 years and less than 3 years
|
7
weeks
|
3 years and less than 4 years
|
10
weeks
|
4 years and less than 5 years
|
12
weeks
|
5 years and less than 6 years
|
14
weeks
|
6 years and over
|
16
weeks
|
51.1.2 Where
an employee is 45 years old or over, the entitlement shall be in accordance
with the following scale:
Years of service
|
45 years of age and
|
|
over Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
51.1.3 "Week's
pay" means the all-purpose rate for the employee concerned at the date of
termination and shall include, in addition to the ordinary rate of pay,
overaward payments, shift penalties and allowances paid pursuant to this award.
51.2 Incapacity To
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
subclause 51.1 above.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect of paying the amount of severance pay in subclause 51.1
of this Clause will have on the employer.
51.3 Alternative
Employment
Subject to an application by the employer and further
order of the Commission, an employer may pay a lesser amount (or no amount) of
severance pay than that contained in subclause 51.1 above if the employer
obtains acceptable alternative employment for an employee.
PART J
Monetary Rates
Table 1 - Rates Of
Pay
(i) On and from 5
July 2004:
The rates of pay in this award include the adjustments
payable under the State Wage Case 2004.
These adjustments may be offset against:
(a) any equivalent
overaward payments, and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
Classification
|
Minimum Rate
|
Supplementary
|
Non-Adjustable
|
Total Weekly
|
|
|
Amount
|
Amount
|
Wage
|
|
$
|
$
|
$
|
$
|
Introductory Level
|
401.50
|
87.10
|
-
|
488.60
|
Level
1
|
430.50
|
83.40
|
15.90
|
529.80
|
Level
2 - All Others
|
444.50
|
86.10
|
-
|
530.60
|
Bar/Change
Steward
|
446.50
|
86.10
|
6.60
|
539.20
|
Door
Steward
|
446.20
|
86.10
|
5.50
|
537.80
|
Cold
Larder Cook
|
445.70
|
86.10
|
3.60
|
535.40
|
Short
Order Cook
|
447.30
|
86.10
|
8.60
|
542.00
|
Cellar/Stores
Person
|
448.00
|
86.10
|
10.60
|
544.70
|
Clerical
Staff
|
455.40
|
86.10
|
35.20
|
576.70
|
Level
3 - All Others
|
470.40
|
89.80
|
-
|
560.20
|
Receptionist
|
470.90
|
89.80
|
2.30
|
563.00
|
Clerical
Staff
|
474.30
|
89.80
|
12.70
|
576.80
|
Level
4
|
494.30
|
93.00
|
-
|
587.30
|
Level
5
|
530.40
|
98.30
|
-
|
628.70
|
Level
6
|
554.20
|
101.80
|
-
|
656.00
|
Level
7
|
578.40
|
105.10
|
-
|
683.50
|
(ii) Fitness
Instructor - 34.80 per hour
Table 2 - Other
Rates and Allowances
(i) On and from 5
July 2004:
Item No.
|
Part No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
|
$
|
1
|
B
|
9.5.2, 9.11.2, 9.17.2
|
Shift Penalty
|
2.0096 per hour
|
2
|
B
|
9.5.2, 9.11.2, 9.17.2
|
Minium payment
|
6.86 per day
|
3
|
B
|
9.5.3, 9.11.3
|
Broken Shift penalty
|
9.97 per day
|
4
|
B
|
9.5.4, 9.11.4
|
Night Shift penalty
|
13.25 per day
|
|
|
|
Apprentices prof. allowance
|
|
5
|
B
|
12.1.5 (a)
|
1st Occasion
|
2.92 per week
|
6
|
B
|
12.1.5 (b)
|
2nd Occasion
|
4.85 per week
|
7
|
B
|
12.1.5 (c)
|
3rd Occasion
|
6.77 per week
|
8
|
C
|
21.1.1 (i)
|
First Aid Allowance
|
17.29 per week
|
9
|
B
|
9.15.4, 4.1.5, 14.1.6
|
Meal Allowance
|
9.22 per occasion
|
10
|
C
|
22.1.1 (i)
|
Clothing - Permanent
employees
|
16.22 per week
|
11
|
C
|
22.1.1 (ii)
|
Apprentices
|
6.80 per week
|
12
|
C
|
22.1.1 (iii)
|
Casuals
|
2.40 per day
|
|
|
|
Shoe Allowance Only:
|
|
13
|
C
|
22.1.4
|
Clothing - Permanent
employees
|
3.74 per week
|
14
|
C
|
22.1.4
|
Apprentices
|
1.81 per week
|
15
|
C
|
22.1.4
|
Casuals
|
0.57 per day
|
|
|
|
Laundry Allowance:
|
|
16
|
C
|
22.1.9 (i)
|
Permanent Employees
|
8.14 per week
|
17
|
C
|
22.1.9 (ii)
|
Apprentices
|
3.68 per week
|
18
|
C
|
22.1.9 (iii)
|
Cummerbund
|
1.03 per week
|
19
|
C
|
22.1.9 (iv)
|
Casuals
|
2.40 per day
|
20
|
C
|
22.1.9 (v)
|
Cooks
|
11.59 per week
|
21
|
C
|
22.1.9 (vi)
|
Apprentice Cooks
|
4.88 per week
|
22
|
C
|
22.1.9 (vii)
|
Casual Cooks
|
3.10 per day
|
23
|
C
|
20.1.1 (i)
|
Meal provided - deduct
|
9.22 per week
|
24
|
C
|
20.1.1 (ii)
|
Board & Lodgings -
deduct
|
88.06 per week
|
25
|
C
|
20.1.1 (iii)
|
Lodgings only - deduct
|
42.04 per week
|
26
|
C
|
23.1.1
|
Tool Allowance
|
9.36 per week
|
27
|
C
|
23.1.2
|
Apprentice Tool
Allowance
|
5.67 per week
|
Table 3 -
Industry/Skill
Level A:
On and from 1 October 2004
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at
industry/skill level A:
|
Highest Year of
Schooling Completed
|
School Leaver
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
|
168.00 (50%)
|
208.00 (33%)
|
284.00
|
|
196.00 (33%)
|
235.00 (25%)
|
|
plus one year out of school
|
235.00
|
284.00
|
330.00
|
plus 2 years
|
284.00
|
330.00
|
384.00
|
plus 3 years
|
330.00
|
384.00
|
439.00
|
plus 4 years
|
384.00
|
439.00
|
|
plus 5 years or more
|
439.00
|
|
|
*Figures in brackets indicate the average proportion of time
spent in approved training to which the associated wage rate is
applicable. Where not specifically
indicated, the average proportion of time spent in structured training which
has been taken into account in setting the rates is 20 per cent.
Table 4 -
Industry/Skill
Level B
On and from 1 October 2004
Where the accredited training course and work performed are
for the purpose of generating skills which have been defined for work at
industry/skill level B:
|
Highest Year Of
Schooling Completed
|
School Leaver
|
Year 10
|
Year 11
|
Year 12
|
|
$
|
$
|
$
|
|
168.00 (50%)
|
208.00 (33%)
|
273.00
|
|
196.00 (33%)
|
235.00 (25%)
|
|
plus one year out of school
|
235.00
|
273.00
|
315.00
|
plus 2 years
|
273.00
|
315.00
|
369.00
|
plus 3 years
|
315.00
|
369.00
|
420.00
|
plus 4 years
|
369.00
|
420.00
|
|
plus 5 years or more
|
420.00
|
|
|
*Figures in brackets indicate the average proportion of time
spent in approved training to which the associated wage rate is
applicable. Where not specifically
indicated, the average proportion of time spent in structured training which
has been taken into account in setting the rates is 20 per cent.
PART K
Appendices
Appendix A
Training Requirements Under Award Restructuring
This Appendix shows how the Training Requirements for the
classification structure under the Award are to be applied on an initial basis
under the guidelines issued through Tourism Training Australia.
It is included as an Appendix for the information of
employers and employees only and shall not otherwise be used in construing the
meaning of the award.
The training requirements which follow are based on the new
seven level classification structure plus an introductory level inserted into
the award.
The suggested modules referred to at each level are those
detailed in the "Hospitality Training Resources Manual" prepared by
Tourism Training Australia. Hospitality
Industry modules of an equivalent standard may be substituted within the
guidelines issued through Tourism Training Australia. The letters in brackets following the modules refer to the module
identification code they relate to in the training specifications.
I = Introductory
B = Basic
A = Advanced
S = Supervisory
In the kitchen area the letter in brackets for the higher
levels are:-
CC = Common
Core Curriculum for Apprenticeship
Modules with an (*) are those for which the materials have
not yet been finalised. They are club
specific modules which are yet to be approved.
As well as undertaking a formal training course approved by
the Australian Hospitality Review Panel, training requirements can be met by
current skills being formally assessed and recognised under the ACCESS program.
Introductory Level
Level I
The Hospitality Sector
|
(INT
1)
|
|
|
Interpersonal Skills
|
(INT
6)
|
|
|
Occupational Safety &
Security
|
(INT
7)
|
|
|
Occupational Hygiene
|
(INT
8)
|
|
|
Hospitality Law &
Industrial Relations
|
(INT
9)
|
|
|
Customer Relations
|
(INT
10)
|
|
|
Introduction to Clubs (*)
|
(INT
11)
|
Level II
(*) - if not already undertaken
*Hospitality Sector
|
(INT
1)
|
|
|
*Interpersonal Skills
|
(INT
5)
|
|
|
*Occupational Safety & Security
|
(INT
7)
|
|
|
*Occupational Hygiene
|
(INT
8)
|
|
|
*Hospitality Law &
Industrial Relations
|
(INT
9)
|
|
|
*Customer Relations
|
(INT
10)
|
|
|
*Introduction to Clubs
|
(INT
11)
|
Plus a choice of ONE of the following:-
Introduction to Front
Office/Reception
|
(INT
2)
|
|
|
Introduction to Food &
Beverage Service
|
(INT
3)
|
|
|
Food Production - The Kitchen
|
(INT
4)
|
|
|
Housekeeping
|
(INT
5)
|
Level III
Completion of an ATS Traineeship or previous modules plus
one of the following options:
OPTION 'A'
One to one job instruction
|
(BC 1)
|
|
|
Bars and the Service of Drinks
|
(BFB 1)
|
plus TWO of the below:-
Wine and Wine Service
|
(BFB
4)
|
|
|
Cellar Operations
|
(BFB
5)
|
|
|
Bottle Shop Operations &
Service
|
(BFB
6)
|
|
|
Club Gaming (*)
|
(BG
1)
|
|
|
Club Reception (*)
|
(BFO
9)
|
OR
OPTION 'B'
One to one job instruction
|
(BC
1)
|
|
|
Restaurant - Preparing for
Service
|
(BFB
2)
|
|
|
Restaurant Service
|
(BFB
3)
|
|
|
Wine and Wine Service
|
(BFB
4)
|
OR
OPTION 'C'
Club Reception (*)
|
(BFO
9)
|
|
|
Basic Accounting Practices
|
(BFO
4)
|
|
|
Basic Cashiering &
Service
|
(BFO
5)
|
|
|
Clerical Administration
|
(BFO
6)
|
|
|
Telephone & Service
Techniques
|
(BFO
7)
|
|
|
One to one job instruction
|
(BC
1)
|
OR
OPTION 'D'
Mise-en-Place & Food
Preparation
|
(CC)
|
|
|
Food Presentation
|
(BKA
2)
|
|
|
Receiving and Storing
|
(BKA
3)
|
|
|
Cleaning
|
(BKA
4)
|
|
|
Principles and Methods of
Cookery
|
(CC)
|
|
|
One to one job instruction
|
(BC
1)
|
OR
OPTION 'E'
One to one job instruction
|
(BC
1)
|
|
|
Guest Relations
|
(BH
1)
|
|
|
General Cleaning Procedures
|
(BH
2)
|
|
|
Servicing Bedrooms
|
(BH
3)
|
|
|
Servicing Bathrooms
|
(BH
4)
|
Level IV
OPTION 'A'
Completion of the previous modules from Club Employee Grade
III (Options A or B) plus:-
Advanced Interpersonal Skills
|
(ADFB
4)
|
|
|
Patron Care
|
(ADBF
11)
|
Plus AT LEAST FOUR of the following modules:
Cuisine Knowledge
|
(ADFB
1)
|
|
|
Advanced Wine Knowledge
|
(ADFB21)
|
|
|
Advanced Cocktail Knowledge
|
(ADFB
3)
|
|
|
Sales and Marketing
|
(ADFB
5)
|
|
|
Gueridon Cooking and Carving
|
(ADFB
6)
|
|
|
Silver Service
|
(ADFB
7)
|
|
|
Ordering and Control
Procedures
|
(ADFB
8)
|
|
|
Gueridon Service General
(Food)
|
(ADFB
9)
|
|
|
Gueridon Service Bar
|
(ADFB
10)
|
|
|
Advanced Cellar Procedure
|
(ADFB
12)
|
|
|
Supervision
|
(S1)
|
OPTION 'B'
Previous modules for Club Employee Grade III (Option 'D')
plus the following core curriculum subjects from Commercial Cookery:
Salads, Hors d'Oeuvre,
Canapes & Sandwiches
|
(CC)
|
|
|
Vegetables, Potatoes, Rice,
Eggs & Farinaceous
|
(CC)
|
|
|
Stocks, Sauces & Soups
|
(CC)
|
|
|
Poultry and Game Preparation
& Cookery
|
|
|
|
Fish and Shellfish
Preparation & Cookery
|
(CC)
|
|
|
Pork, Lamb, Beef & Veal
Butchery & Cookery
|
(CC)
|
|
|
Hot & Cold Sweets and
Desserts
|
(CC)
|
OPTION 'C'
Previous modules for Club Employees Grade III (Option
'C') plus:-
Advanced Interpersonal Skills
|
(ADFB
$)
|
|
|
Sales and Marketing
|
(ADFB
5)
|
|
|
Ordering and Control
Procedures
|
(ADFB
8)
|
|
|
Advanced Accounting Practices
|
(ADFO
I )
|
|
|
Advanced Cashiering
|
(ADFO
4)
|
OR
Completion of a one (1) year Full-time Secretarial Course or
equivalent.
Level V
OPTION 'A'
Completion of previous modules for LEVEL IV (Option
"A") plus:
Plus AT LEAST ONE of the following:
Administration
|
Front Office/Reception
|
(S2FO)
|
Administration
|
Food & Beverage
|
(S2FB)
|
Administration
|
Housekeeping
|
(S2H)
|
Administration
|
Club Gaming (*)
|
(S2G1)
|
OPTION 'B'
Completion of a recognised Trade Apprenticeship OR a trade
test or equivalent.
Level VI
OPTION 'A'
Completion of previous modules for LEVEL V (Option 'A')
Plus;
Administration - General
|
(S
2)
|
Staffing
|
(S
3)
|
Training
|
(S
4)
|
OPTION 'B'
Post Trade Qualifications
M. SCHMIDT J.
____________________
Printed by
the authority of the Industrial Registrar.