BOWLING AND GOLF CLUBS EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Registered Clubs Association of New South Wales and another.
(Nos. IRC 981 & 225 of 2000)
Before Commissioner
Patterson
|
21 July 2004
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Terms of
Engagement
5. Hours of
Work
6. Rostered
Days Off
7. Meal
Breaks
8. Rates of
Pay
9. Exemption
Rate
10. Labour Flexibility
11. Overtime
12. Call Back
13. Redundancy
14. Traineeships
15. Superannuation
16. Meal
Allowance
17. Public
Holidays
18. Annual
Leave
19. Annual
Leave Loading
20. Sick Leave
21. Personal/Carer’s
Leave
22. Sick Leave
- Apprentices
23. Long Service
Leave
24. Bereavement
Leave
25. Jury
Service
26. General
Conditions
27. Mixed
Functions
28. Working in
the Rain
29. First-aid
30. Medical
Examinations
31. Tools
32. Payment of
Wages
32A Payroll
Deduction of Union Fees
33. Disputes
Settlement Procedure
34. Anti -
Discrimination
35. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Table 2 - Apprentices
Table 3 - Other rates
and allowances
Table 4 - Youth Rates
2. Title
This Award shall be known as the Bowling and Golf Clubs
(State) Award 2004
3. Definitions
(i) Apprentice:
Apprentice shall mean a person engaged as an apprentice in the trade of
greenkeeping.
(ii) Casual
Employee: A casual employee shall mean an employee engaged by the hour, with a
minimum of four hours’ work for each engagement. The hourly rate for a casual employee shall be ascertained by
dividing the ordinary rate as set out in Table 1 - Rates of Pay, of Part B
Monetary Rates, plus 15 per cent, and dividing by thirty-eight.
(iii) Part-time
Employee: A part-time employee shall mean an employee employed by the week on a
part-time basis. A part-time employee shall be provided with regular work for
not less than twenty hours per week and not less than four hours per start.
A part-time employee shall be paid by the hour one
thirty-eighth of the weekly rate prescribed in the said Table 1.
(iv) "Youth"
means an employee of 16 years of age or over and under 21 years, who may be
employed watering, weeding, racking bunkers, mixing fertilizers, spreading
soil, operating hand-propelled mowers or light rotary mowers and other light
duties. The minimum rate of pay shall
be as set out under Table 4 - Youth Rates, of Part B, Monetary Rates.
(v) Time and one
half shall mean 1 ½ times the ordinary hourly rate and double time shall mean 2
times the ordinary hourly rate.
4. Terms of
Engagement
(i) Employees,
other than casuals, shall be employed by the week and their engagement shall be
terminated only by a week’s notice on either side, to be given at any time
during the week, or by the payment or forfeiture, as the case may be, of a
week’s wages in lieu thereof.
(ii) This clause
shall not affect the right of the employer to dismiss any employee without
notice for refusal of duty or misconduct and in such cases the wages shall be
made up to the time of dismissal only.
5. Hours of Work
(i) The ordinary
hours of work shall be an average of 38 hours per week which, at the discretion
of the employer, may be worked on up to five days, Monday to Friday, plus one
half - day of 4 hours on Saturday prior to noon in each week of the work cycle;
provided that, by written agreement between the employer and employee and
subject to subclause (vi) of this clause, ordinary hours may be worked on any
day of the week.
(ii) Subject to
subclause (iii) hereof, the pattern of working hours shall be as agreed in
writing between the employer and employees and shall be one of the following -
(a) by rostering each
employee off on one work day in each four - week work cycle; provided that,
where ordinary hours are worked in five and one - half days, the employee shall
receive one day off, Monday to Friday, being a day of seven hours, twelve
minutes duration plus an additional forty - eight minutes to be taken on one of
the remaining days in the four - week work cycle;
(b) by rostering
each employee off for two ordinary hours on any one day in each week of the
four - week cycle; or
(c) by rostering
each employee off for four ordinary hours on any one day in each fortnight of
the four - week cycle.
Failing agreement, the employer shall determine the
method of working hours.
(iii) An agreement
on or determination of the pattern of working hours as per subclause (ii) hereof shall be subject to the following -
(a) Such hours
shall not be less than 4 hours nor more than 9 hours each day between the hours
of 6.00 a.m and 6.00 p.m; provided that by agreement between the employer and
an individual employee, or a majority of employees, ordinary hours may be
worked for up to 12 hours per day between such times as may be mutually agreed.
(b) The hours
shall not exceed 152 hours in each 4 - week cycle.
(iv) Such hours
shall be worked continuously except for meal breaks and no employee shall work
for longer than five hours without a break for a meal or six hours by
agreement.
(v) Employees
shall receive at least seven days’ notice of a change in rostered hours or such lesser period as may
be mutually agreed.
(vi) The rate of
pay for working ordinary hours on a Saturday past noon shall be time and one
half, and on a Sunday shall be double the ordinary time rate of pay.
(vii) No employee
shall suffer a reduction in earnings as a result of the introduction of this clause.
6. Rostered Days Off
(i) Where the
method of implementation is a rostered day off taken in accordance with
paragraph (a) of subclause (ii) of clause 5, Hours, the following accrual shall
occur -
(a) Where eight
ordinary hours are worked in five days, for each such day upon which an
employee is rostered to work as part of the ordinary working week, the employee
shall accumulate 24 minutes towards a rostered day off in each 4 - week work
cycle.
(b) Where eight
ordinary hours are worked in five and one- half days, for each such day, Monday
to Friday inclusive, upon which an employee is rostered to work as part of the
ordinary week, the employee shall accumulate 22 minutes; and as well for each
Saturday upon which an employee is rostered to work as part of the ordinary
working week, the employee shall accumulate 10 minutes; provided that such
accumulated time goes towards a rostered day off in each 4 - week work cycle.
(c) An employee
who is absent on paid leave of absence in accordance with the award or with the
employer’s approval shall be entitled to accrual for the said absence. Accrual shall not, however, occur during
periods of leave pursuant to Clause 19, Annual Leave, 21, Sick Leave and 24
Long Service Leave.
(ii) Where the
method of implementation of the 38 - hour week, in accordance with paragraph
(a) of subclause (ii) of clause 5, Hours, is an additional rostered day off,
the employer should, so far as is
practicable, allow the rostered day off to be taken consecutively with any
other time off as a result of this award.
(iii) Rostered days
off shall be notified to employees four weeks in advance: Provided that, in the
case of emergency, an employee may be required to change the rostered day off.
(iv) Rostered days
off shall not be rostered on a public holiday as prescribed in Clause 18,
Public Holidays.
(v) Rostered days
off may be "banked" by written agreement for a period not exceeding
five months, to be taken at a time agreed on between the employer and employee,
or, alternatively, as determined by the employer.
(vi) An employee
required to work on a rostered day off shall be paid a minimum payment as for
four hours worked at double the ordinary time rate.
7. Meal Breaks
A period of not more than one hour shall be allowed for meals
between 11.00am and 2.00pm each day, Monday to Friday, inclusive. A rest pause of ten minutes’ duration shall
be allowed to each employee during the morning of each day, Monday to Friday
inclusive, at a time to be arranged by the employer.
No employee shall work for more than five hours without a
meal break, or for more than six hours by agreement between the employer and
the employee.
8. Rates of Pay
(i) The minimum
rate of pay shall be as set out under the Rate Per Week column of Table 1 -
Rates of Pay, of Part B, Monetary Rates.
(ii) Classification
Structure
Level 1 shall mean an employee primarily engaged in the
following activities -
keeping areas clean and tidy;
weeding and watering;
trimming, mowing of surrounds, etc., with hand implements;
assistance in preparing areas for play;
assistance in course or green maintenance and
construction;
operation of a limited range of vehicles, including
motor vehicles.
It is recommended that employees of this level have
undergone structured training at the introductory level and are appropriately
assessed during the first three months of work; provided that employees graded
at Level 1 shall be promoted to Level 2 not later than at the expiration of
three months’ service as a Level 1 employee.
Level 2 shall mean an employee who has satisfactorily
attained the appropriate level of training (at Level 2) and is engaged in the
following activities in addition to the work of Level 1:
operation and minor maintenance of motorised equipment other
than machinery or equipment requiring the holding of specialised licences;
assistance in the maintenance, renovation and
reconstruction of greens and fairways, and/or maintenance of playing surfaces,
including mowing, rolling, top dressing, seeding, turfing and sprigging,
fertilising under supervision; planting and maintenance of trees, pruning under
supervision.
Level 3 shall mean an employee who has satisfactorily
attained the appropriate level of training (at Level 3) and is engaged in the
following activities in addition to the work of Levels 1 and 2 -
assistance in the training and supervision of lower
grade employees;
assistance in chemical and other spraying, where
required to hold an appropriate licence;
operation of machinery and/or equipment where required
to hold
specialised licences or possession of specialised
skills;
completion of basic records;
assistance in the construction and installation of
facilities and systems.
Level 4 (Greenkeeper) shall mean an employee who has
satisfactorily attained the appropriate level of training at the trade or an
equivalent level, who works on a course having greens, and is primarily engaged
in the following activities in addition to the work of Levels 1 to 3 -
training and supervision of employees of a lower grade,
including
apprentices;
construction of surfaces, gardens;
installation and maintenance or irrigation and drainage
systems;
control and maintenance of stores and facilities;
stock control, record keeping;
planning the work programme in consultation with
management.
Level 5 - Bowling (Head Greenkeeper) applies to those
employed in a Bowling Club and shall mean an employee who has satisfactorily
attained the appropriate level of training at trade or the equivalent level,
together with the additional requirements in supervision or other appropriate
specialist modules. In addition to the duties of Levels 1 to 4, the employee is
also engaged in the following activities:
Supervision and training of subordinate staff,
including tradespersons;
Presentations of written and/ or verbal reports,
general liaison with management;
Activities requiring application of specialist skills.
Level 5 Golf (Head Greenkeeper) applies to those
employed in Golf Clubs - shall mean an employee who has satisfactorily attained
the appropriate level of training at trade or the equivalent level, together
with the additional requirements in supervision or other appropriate specialist
modules. In addition to the duties of Levels 1 to 4, the employee is also
engaged in the following activities:
Supervision and training of subordinate staff,
including tradesperson;
Presentation of written and/ or verbal reports
including budgets;
General liaison with management;
Activities requiring application of specialist skills;
Level 6 Golf (Superintendent) applies to those employed
in Golf Clubs - shall mean an employee who has attained the appropriate level
of training at Level 5 and is primarily engaged in the following activities in
addition to the work of levels 1 to 5:
Preparation of budgets and financial reports;
Planning for the overall development of the facility in
consultation with management;
Supervision and Co-ordination of five or more
tradespersons, including
Development of staffing and training plans, staff
counselling; and
Assisting management in the selection of personnel, but
does not extend to the right to engage or dismiss employees;
(iii) The rates of
pay in this award include the adjustments payable under the State Wage Case
2004. This adjustment may be offset
against:
(A) any equivalent
overaward payments, and/or
(B) award wage
increases since 29 May 1991 other than safety net adjustments and minimum rates
adjustments.
(iv) "Overaward
Payment" is defined as the amount (whether "award payment",
"attendance bonus", "service increment", or any term
whatsoever) which an employee would receive in excess of the minimum award
safety net (i.e., base rate plus supplementary payment) for all classifications
in which such employee is engaged; provided that such payment shall exclude
overtime, shift allowances, penalty rates, tool allowances, industry
allowances, disability allowances, location allowances, special rates or
allowances, fares and travelling allowance, and any other ancillary payment of
a like nature prescribed by this award.
9. Exemption Rate
(i) Notwithstanding
the provisions of this award, an adult employee may freely agree in writing
with the employer to be paid a salary of not less than thirty three per cent in
excess of the minimum weekly rate of pay for a level 4 (Greenkeeper) (subject
to a further minimum of $25, 000 per annum), and in such case, in lieu of the
following provisions of the award, conditions shall be as determined between the
parties:
Award Provisions -
Hours of work;
Rostered days off;
Overtime;
Call back;
Public holidays;
Meal allowance;
Meal breaks.
(ii) An agreement
pursuant to subclause (i) of this clause, shall be determinable after 12 months
by either party to the agreement giving 28 days’ written notice to this effect
or such lesser period as is mutually agreed upon: Provided that an employee may
rescind in writing such agreement at any time within 14 days of entering into
the agreement.
(iii) No employee
to whom this clause refers shall be required to work in excess of a minimum of
38 ordinary hours per week, averaged over a 52 week period.
(iv) No existing
employee shall suffer a reduction in earnings as a direct result of any
agreement reached pursuant to this clause unless the agreement otherwise
provides reasonable compensatory benefits.
10. Labour
Flexibility
(i) Employees
shall carry out such tasks as are reasonably incidental or peripheral to their
work as directed by the employer.
(ii) Employees
shall carry out all functions and duties within their capacity, training and
skill according to the duty descriptions contained in the classification
structure in subclause (ii) of Clause 8, Rates of Pay.
(iii) Employees
engaged under this award shall give priority to the caring of the green or
greens, and they shall not be compelled to perform duties associated with or in
the Club House.
(iv) The parties
acknowledge the need to achieve high quality standards. Both management and
greenkeeping staff accept the need for the provision of high quality services
and will continually work together to seek improvement in the quality of the
greens and associated areas.
11. Overtime
(i) Except as
herein provided, all time worked:
(a) in excess of
the ordinary hours of work as provided in Clause 5, Hours of Work; or
(b) outside an
employee’s ordinary hours;
shall be paid for at the rate of time and one - half
shall be paid for the 2 hours and double time thereafter.
(ii) Time and one -
half shall be paid for all overtime worked on a Sunday with a minimum payment
of four hours, and an employee who
works on a Sunday shall be allowed to have a day off without loss of pay within
fifteen days of the Sunday worked or, in lieu thereof, at the election of the
employee, be paid double time for the time actually worked on the Sunday with a
minimum payment of four hours; provided that, where the method of working the
38-hour week at the club provides for the taking of rostered days off, where in
any week an employee is so entitled to a rostered day off and works on the
following Sunday, then in lieu of the above provisions, the employee shall only
be entitled to payment for work on the Sunday at double rates with a minimum
payment as for 3 hours worked.
(iii) When an
employee is required to work during his/her meal break, he/she shall be paid at
overtime rates until the end of his/her rostered ordinary hours of that shift,
or until the employee is allowed a meal break of the usual period.
(iv) Reasonable
Overtime
I. Subject to
paragraph (ii) below, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for in this award.
II. An employee
may refuse to work overtime in the circumstances where the working of such
overtime would result in the employee working hours, which are unreasonable.
III. For the
purposes of paragraph (ii) what is unreasonable or otherwise will be determined
having regards to:
a. Any risk to
employee health and safety;
b. The employee’s
personal circumstances including any family and carer responsibilities;
c. The needs of
the workplace or enterprise;
d. The notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
e. Any other
relevant matter.
(v) No apprentice
shall, except in an emergency, work or be required to work overtime at times
which would prevent attendance at a Technical College or equivalent Registered
Training Provider as required by any statute, award or regulation.
(vi) 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 off in lieu will be
the same as the monetary calculation for overtime as prescribed by subclause
(I) of this clause.
12. Call Back
An employee specifically recalled by the employer from
his/her home to work overtime, after having left the premises of the employer,
shall be paid a minimum of three hours at overtime rates.
13. Redundancy
(A) Application -
(i) This clause
shall apply in respect of full - time and part time persons employed in the
classifications specified by clause 8 of this award.
(ii) This clause
shall apply in respect of employers who employ 15 or more employees immediately
prior to the termination of employment of employees, in the terms of paragraph
(I) of subclause (D) of this clause.
(iii) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be not more than to give such employee 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 employment.
(iv) Notwithstanding
anything contained elsewhere in this clause, this clause 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.
(B) Introduction of
Change -
(i) Employer’s
Duty to Notify -
(a) 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 effect on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(b) "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 of any of the matters referred to herein, an alteration shall be
deemed not to have significant effect.
(ii) Employer’s Duty
to Discuss Change -
(a) The
employer shall discuss with the
employees affected and to the union which they belong, inter alia, the
introduction of the changes referred to in paragraph (i) of this subclause, the
effects the changes are likely to have on employees, 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 their union in relation
to the changes.
(b) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in the said paragraph (I).
(c) For the
purposes of such discussion, the employer shall provide in writing to the
employees concerned and their 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 the employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
(C) Redundancy
(i) Discussions
Before Termination’s -
(a) Where an
employer has made a definite decision that it no longer wishes the job the
employee has been doing done by anyone pursuant to subparagraph (a) of
paragraph (I) of subclause (B), Introduction of Change, and that decision may
lead to termination of employment, the employer shall hold discussions with the
employees directly affected.
(b) The discussions
shall take place as soon as is practicable after the company has made a
definite decision which will invoke the provisions of subparagraph (a) of this
paragraph and shall cover, inter alia,
any reasons for the proposed termination’s, measures to avoid or minimise the
terminations and measures to mitigate any adverse effects of any terminations
on the employees concerned.
(c) For the
purposes of the discussion the employer shall, as soon as practicable, provide
in writing to the employees concerned and their 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 workers normally employed and the period over which
the terminations are likely to be carried out. Provided that the employer shall
not be required to disclose confidential information the disclosure of which
would adversely affect the employer.
(D) Termination of
Employment -
(i) Notice of
Changes in Production, Program, Organisation or Structure - This paragraph 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 subparagraph (a) of paragraph (I) of subclause (B) of this
clause.
(a) 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 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
5 weeks
|
(b) 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.
(c) 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.
(ii) Notice for
Technological Change - This paragraph sets out the notice for provisions to be
applied to termination by the company for reasons arising from
"technology" in accordance with subparagraph (a) of paragraph (I) of
subclause (B) of this clause.
(a) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that the employment may
be terminated by part of the period of notice specified and part payment in
lieu thereof.
(c) The period of
notice required by this sub-clause to be given shall be deemed to be service
with the company 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.
(iii) Time Off
During Notice Period -
(a) 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
for the purpose of seeking other employment.
(b) 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 company, be required to produce proof of attendance at an interview or he
or she shall not receive payment for the time absent.
(iv) Employee
Leaving During Notice - 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 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.
(v) 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 his or her employment and the classification
of or the type of work performed by the employee.
(vi) Notice to
Centrelink - Where a decision has been made to terminate employees, the
employer shall notify Centrelink 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.
(vii) Centrelink
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 Centrelink.
(viii) Transfer to
Lower paid duties - Where an employee is transferred to lower - paid duties for
reasons set out in subparagraph (a) of paragraph (I) of subclause (B) of this
clause, 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 rate for the number of weeks of notice still owing.
(E) Severance Pay
(i) Where an
employee is to be terminated pursuant to paragraph (I) of subclause (D) of this
clause, subject to further order of the Industrial Relations Commission of New
South Wales, the employer shall pay the following severance pay in respect of a
continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the following
scale:
Years of Service
|
45 Years of Age and
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
|
45 Years of Age and
Entitlement
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) "Week’s
pay" means the all - purpose rate of 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 in accordance with this award.
(ii) Incapacity to
Pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no amount)
of severance pay than that contained in paragraph (I) of this subclause.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Commission thinks relevant, and the probable effect paying the amount of
severance pay in the said paragraph (I) will have on the employer.
(iii) 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 the said paragraph (I) if the employer obtains
acceptable alternative employment for an employee.
(F) Savings Clause-
Nothing in this clause shall be construed so as to require
the reduction or alteration of more advantageous benefits or conditions which
an employee may be entitled to under any existing redundancy agreement, taken
as a whole, between the union and any employer bound by this award.
14. Traineeships
See the AWU Training Wage (State) Award 2002 published 5
April 2002 (332 I.G 522), as varied, or any successor industrial instrument.
15. Superannuation
(i) Definitions
In this part:
"CLUB PLUS" means: The Club Plus Superannuation Scheme established by trust deed
dated 27 February, 1987.
"Eligible Employee" means: Any employee employed under the terms and
provisions of this award.
"Employed in the Club Industry" means: Employed by and to work in a club where such
employment is governed by the terms of this award.
"Ordinary time earnings" means:
(a) 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.
Payments incurred for working Public Holidays and
overtime worked are not included in such calculations.
(b) 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.
(c) 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 casual
loading for the classification of the employee. Pro rata annual leave loading
is excluded.
"Trustee" shall mean: CLUB PLUS Pty. Limited
or such other trustee of CLUB PLUS as may be appointed from time to time.
"Union" means: "The Australian Workers’
Union, New South Wales.
(ii) Enrolment
(a) Subject to the
provisions of section 124 of the Industrial Relations Act 1996 and the Superannuation
Guarantee (Administrative) Act 1992, the Superannuation Guarantee Charge
Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 each employer shall:
enter into a formal agreement with the Trustee
acknowledging itself to be bound by the CLUB PLUS trust deed; or any fund that
complies with the legislation and
take all necessary steps to ensure that each of his/her
eligible employees becomes a member of a fund that complies with the
requirements of the legislation.
(iii) Contributions
Each employer shall make superannuation contributions
in respect of each employee an amount equal to the requirements of the
legislation.
Contributions shall not fall below 3% of the ordinary -
time earnings.
(iv) Remitting
Payments
Each employer shall remit to the Trustee of Club Plus
or any other fund that complies with the legislation all payments due in respect of his/her 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 of Club Plus or other
fund and the employer. Where such agreement cannot be reached the matter shall
be referred to the NSW Industrial Commission for determination.
(v) Records
The employer shall retain all records relating to the
calculation of payments due to CLUB PLUS or any other fund in respect of each
employee and such records shall be retained for a period of six years. They
shall be available for inspection by -
the officials of the union;
representatives of the Trustee.
(vi) Time And Wages
Records
In addition to the information that each employee is
required by Clause, Time and Wages Records, to enter on his/her time and wages
book or sheets and/or bundy clock he/she shall enter his/her membership number
of CLUB PLUS or any other fund that complies with the legislation.
(vii) Exemptions
(a) Where an
employer is incapable of complying with this award on the grounds of extreme
incapacity to pay as set out in the wage fixation principles adopted by the
Industrial Commission of New South Wales he may apply to the said Commission
for exemption from this award while ever the incapacity exists, provided that -
they shall comply with this award until the matter is
determined by the Commission;
such compliance shall be without prejudice to the
outcome of the application.
16. Meal Allowance
An employee required to work one or more hours’ overtime
without being notified the day before that he/she will be so required to work,
shall be provided either with a meal by the employer or shall be paid the
amount set in Item 2 of Table 3 - Other Rates and Allowances, of Part B,
Monetary Rates.
17. Public Holidays
(i) The days on
which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter
Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day and Boxing Day
are observed and any other day proclaimed as a public holiday for the State,
together with the Picnic Day of The Australian Workers’ Union New South Wales ,
which shall be the first Monday in March of each year, shall be holidays and no
deduction in respect of such holidays shall be made from the wages due to an
employee for the week in which such holiday or holidays occur: Provided that
where an employer allows the employee a paid holiday not being one of the days
specified in this clause, such employer shall be exempted from the provision of
a Picnic Day of The Australian Workers’ Union, New South Wales.
(ii) An employer
may require from an employee evidence of his/her attendance at the union picnic
and the production of the butt of the picnic ticket issued for the picnic shall
be sufficient evidence of attendance. Where such evidence is required by the
employer, payment need not be made unless the evidence is produced.
(iii) Where an
employee is required by the employer to work four or more hours on a holiday,
the employee shall be paid for all time worked at the rate of double time and
one-half with a minimum payment as for four hours worked or, alternatively, at
the election of the employee, be paid at time and one-half for all time worked
plus be given a day off to be taken at a later date or to be added to annual
leave.
(iv) For the
purpose of this clause, the rate to be paid to part-time employees for holidays
prescribed in subclause (i) of this clause not worked shall be the average
daily payment for the four weeks preceding the holiday or holidays.
18. Annual Leave
(i) Employee
shall be entitled to annual leave as prescribed by the Annual Holidays Act
1944.
(ii) In addition
to the provisions of the said Act, an employee shall be entitled to an
additional paid one week’s annual leave for every 30 Sundays and/or public
holidays worked during a relevant year of employment.
19. Annual Leave
Loading
(i) In this
clause the Annual Holidays Act 1944 is referred to as "the
Act".
(ii) Before an
employee is given and takes annual leave or, where by agreement between the
employer and the employee the annual leave is given and taken in more than one
separate period, then before each of such separate periods the employer shall
pay the employee a loading determined in accordance with this clause.
(NOTE: The obligation to pay in advance
does not apply where an employee takes annual leave wholly or partly in advance
- see subclause (vi) of this clause.)
(iii) The loading
is payable in addition to the pay for the period of leave given and taken and
due to the employee under the Act, and under subclause (ii) of Clause 19,
Annual Leave.
(iv) The loading is
to be calculated in relation to any period of annual leave to which the
employee becomes or has become entitled or, where such leave is given and taken
in separate periods, then in relation to each such separate period.
(v) The loading is
the amount payable for the period or the separate periods, as the case may be,
stated in subclause (iv), at the rate per week of 17.5 per cent of the
appropriate ordinary weekly time rate of pay prescribed by this award for the
classification in which the employee was employed immediately before commencing
an annual holiday.
(vi) No loading is
payable to an employee who takes annual leave wholly or partly in advance;
provided that if the employment of such an employee continues until the day
when he/she would have become entitled under the Act to annual leave, the
loading then becomes payable in respect of the period of such leave and is to
be calculated in accordance with subclause (v) of this clause, applying the
award rates of wages payable on that day.
(vii)
(a) When the
employment of an employee is terminated by the employer for a cause other than
misconduct and, at the time of the termination, the employee has not been given
and has no taken the whole of the annual leave to which the employee became
entitled, shall be paid a loading calculated in accordance with subclause (v)
of this clause for the period not taken.
(b) Except as
provided by paragraph (a) of this subclause, no loading is payable on the
termination of an employee’s employment.
20. Sick Leave
(i) A full-time
employee after three months’ service shall be entitled to 38 hours’ sick leave during
the first twelve months of employment, and shall be entitled to 60.8 hours’
sick leave during the second and subsequent years of service with the same
employer.
(ii) Any sick
leave not taken in a year shall be cumulative and may be taken by an employee
in addition to the sick leave which the employee may be entitled to in any one
year.
(iii) An employee,
if required by the employer, shall produce satisfactory evidence as to his/her
sickness and shall, as soon as possible, notify the employer of such sickness.
(iv) Part-time
employees shall receive the following sick leave entitlement -
(a) in the first
year of employment 0.021 hours for every hour worked;
(b) in the second
and subsequent years of employment 0.033 hours for every hour worked.
The provisions of subclauses (ii) and (iii) of this
clause shall apply in respect of part-time employees.
21. Personal/Carer’s
Leave
(1) Use of Sick
Leave
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c) who needs the employee’s
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in Clause 21, Sick
Leave, for absences to provide care and support for such persons when they are
ill. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer’s leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto spouse,
who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee, or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
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.
(d) 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 that
person’s 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 day of absence.
(2) Unpaid Leave
for Family Purpose
(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 member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, 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.
(4) Time Off in
Lieu of Payment for Overtime
(a) For the
purpose only of providing care and support for a person in accordance with
subclause (1) of this clause, the following provisions shall apply.
(b) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(c) 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.
(d) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(e) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates ;in accordance with the award.
(5) Make-Up Time
(a) An employee
may elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered Days
Off
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its intention
to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
22. Sick Leave -
Apprentices
(i) Each
apprentice shall be allowed sick leave up to a maximum of a fortnight for each
year of apprenticeship. Such sick leave
shall be cumulative for the period of apprenticeship; provided that, in the
event of a transfer to another employer, credit shall not be given for any
balance of sick leave not taken whilst in the service of the previous employer.
(ii) For absences
due to sickness of two days or less, the apprentice, if required by the
employer shall produce satisfactory evidence as to his/her sickness and shall,
as soon as possible notify the employer of such sickness.
(iii) A medical
certificate shall be furnished for absence in excess of two days.
23. Long Service
Leave
Employees shall be entitled to long service leave benefits
as prescribed by the Long Service Leave Act 1955.
24. Bereavement Leave
(i) Subject to
this clause, on the death within Australia of a spouse, father, mother, child
(including stepchild), brother, sister or parent-in-law, a weekly hired
employee shall, on proper notice to the employer, and for the purpose of making
arrangements for and/or attending the funeral, be entitled to bereavement
leave, without deduction of pay, up to and including the day of the funeral,
for a period not exceeding the number of ordinary hours usually worked by the
employee in two ordinary working days.
(ii) Provided
further, an employee on weekly hiring shall be entitled to a maximum two days’
leave without loss of pay on each occasion and on the production of
satisfactory evidence of the death outside of Australia of an employee’s
husband, wife, father or mother and where such employee travels outside of
Australia to attend the funeral.
(iii) The term
"spouse" shall include a person with whom the employee is living in a
de facto relationship at the time of bereavement: Provided that the entitlement
to leave under this clause shall not be exercisable on the subsequent death of
a legal spouse. The words "father" and "mother" shall
include foster father or foster mother and stepfather or stepmother:
Provided that the entitlement to leave under this
clause shall not be exercisable on the subsequent death of a natural father or
mother.
(iv) In all cases,
proof of death shall be furnished by the employee to the satisfaction of the
employer.
(v) This clause
shall have no operation during any time when the period of leave referred to
herein coincides with any other period of leave of the employee or on the
employee’s rostered day off.
25. Jury Service
An employee on weekly hiring required to attend for jury service
during the ordinary working hours shall be reimbursed by the employer an amount
equal of the difference between the amount paid in respect of the employee’s
attendance for such jury service and the amount of wage the employee would have
received in respect of the ordinary time the employee would have worked had the
employee not been on jury service.
An employee shall notify the employer as soon as practicable
of the date upon which the employee is required to attend for jury service.
Further, the employee shall give the employer proof of the
employee’s attendance, the duration of such attendance and the amount received
in respect of such jury service.
26. General
Conditions
(i) Change rooms
and conveniences:
(a) A separate
change room for male and female employees shall be provided.
(b) Showering
facilities and wash basins with hot and cold water shall be provided.
(c) Adequate
toilet facilities shall be provided.
(d) A locker shall
be provided for each employee.
(ii) Meal Room -
The employer shall supply suitable shelter for meals and facilities for boiling
water for employees at the commencement of each meal and/or tea break. Such meal rooms shall be equipped as
follows:
(a) Fly screen
doors.
(b) Refrigerators.
(c) Heater for
food.
(d) Electric light
where practicable.
(e) Suitable table
and seating accommodation.
Provided that it shall be sufficient compliance with
this subclause if these facilities are found elsewhere in the club and employees
are given full access to those facilities.
(iv) Employees
using fumigants, fertilizers, hormones and/or other chemicals shall be supplied
free of charge and shall be required to use, in accordance with all necessary
safety instructions, all necessary and appropriate protective clothing and
equipment.
(v) Where an
employee is directed by the employer to use his/her own motor vehicle in the
performance of his/her duties, he/she shall be paid an allowance at the rate
set out in Item 1 of Table 3 - Other Rates and Allowances, of Part B, Monetary
Rates.
(vi) Employees
undertaking the Horticultural/Greenkeeping Certificate Course shall be given
leave in the employer’s time to attend such classes, lectures and examinations
as required by the relevant Technical College or equivalent and the fees for
such course shall be reimbursed by the employer to the employee at the end of
each year of the course completed by the employee to the standard requirement
of the college.
(vii) Footwear - Am
employee, after three months’ service with an employer, shall be provided in
each year with a minimum of two pairs of footwear suitable to the requirements
of his/her job. Such footwear shall
remain the property of the employer.
27. Mixed Functions
An employee directed by the employer to perform the duties
of a higher position for more than two consecutive working days shall be paid
not less than the minimum rate prescribed for such higher position for all time
whilst so engaged.
28. Working in the
Rain
All employees called upon to work in the rain shall be
supplied by the employer with oilskins, gumboots or other protective clothing
free of charge, such protective clothing to be issued to each individual
employee for his/her personal use only.
29. First-Aid
(i) At each place
of work, the employer shall provide and maintain a first-aid kit complying with
the requirements of the Occupational Health and Safety Act 1983
(Occupational Health and Safety (First-aid) Regulation 1989, Schedule 1.
(ii) An employee appointed
by an employer to perform first-aid duties shall be paid an amount set out in
Item 3 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates, in
addition to the classified rate.
30. Medical
Examinations
(i) The employer
shall grant an employee leave of absence on ordinary pay not more than once
each calendar year (unless special circumstances such as some unusual exposure
to chemicals make further testing necessary), to attend the following:
(a) A blood test
and urine test (where applicable) conducted by the Division of Occupational
Health, annually in each New South Wales region.
(b) Where
required, in addition to the test referred to in paragraph (a) in this
subclause or, where such test cannot conveniently be undertaken, an appointment
at the public hospital which is in the most convenient proximity to an
employee’s workplace or residence to enable a medical examination, including
the taking of a blood sample.
(ii) Any fee or
part thereof payable for such appointments in excess of Medicare or other
reimbursements shall be borne by the employer.
31. Tools
All tools, and other necessary equipment, required by
employees shall be provided free of charge by the employer. The employer shall
cause all electrical equipment to be kept in a proper and satisfactory
condition at all times.
32. Payment of Wages
(i) Wages shall
be paid on a fixed day not later than Thursday of each week. Such payment by
the employer, at the employer’s discretion, may be by cheque, cash or by the
employer transferring the amount due into an individual employee’s bank (or
other recognised financial institution) account of his or her choice.
(ii) Where such
wages are paid by cheque or electronic funds transfer, the following conditions
shall apply:
(a) Where the
employer pays wages by cheque or electronic funds transfer, the employer shall
reimburse the employees all banking or other financial institution costs
associated with such payment by cheque or electronic bank transfer.
(b) In the case of
employees paid by cheque, the employer shall, on pay day if it is required by
the employees, have a facility available during ordinary hours for the
encashment of the cheque.
32A. Payroll
Deduction of Union Dues
(i) The employer shall
deduct Union membership fees (not including fines or levies) from pay of any
employee, provided that:
a. The employee
has authorized the employer to make such deductions in accordance with
subclause (ii) herein;
b. The Union
advises the employer to make such deductions for each day 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 had
or is to be made to an employee; and
d. There shall be
no requirement to make deductions for casual employees with fewer than two
months’ service (continuous or otherwise).
(ii) The
employee’s authorization 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 employee’s 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 employee’s 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 the 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 changes to the amount of the 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 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 cease.
(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 in accordance
to the employer in writing of the need to revoke the authorisation to the
employer in order for payroll deductions of union membership fees to cease.
33. Disputes Settlement
Procedure
The procedure for the resolution of industrial disputation
will be in accordance with the Industrial Relations Act 1996. These procedural steps are -
(1) Procedure
relating to a grievance of an individual employee:
(a) The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) A grievance
must initially be dealt with as close to the source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(2) Procedures
relating to disputes, etc., between an employer and the employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purpose
of each procedure.
34. Anti -
Discrimination
(i) 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 (NSW) to prevent and
eliminate discrimination in the workplace on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award which, by its terms or operation, has a direct or indirect
discriminatory effect.
(iii) Under the Ant-Discrimination
Act 1977 (NSW) 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.
(iv) 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.
(v) 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.
(vi) 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:
i) 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".
35. Area, Incidence
and Duration
This award rescinds and replaces the Golf Club, &c., Employees
(State) Award published 8 February 2002 (331 I.G. 32), as varied and the
Bowling Clubs, &c., Employees (State) Award published (331 I.G. 1), as
varied made in matters IRC 98/6455 99/2299 99/2303 99/2313 99/2319 01/903 and
01/1052 on 24th July, 2001 in proceedings before Commissioner Patterson.
This award applies to all employees classified in Clause 8,
Rates of Pay, within the jurisdiction of the Bowling and Golf Clubs, &c.,
Employees (State) Conciliation Committee, established 14 January 1993. The award contains the changes made to the
award pursuant to section 19 (6) of the Industrial Relations Act 1996
and principle 26 of the principles of review of awards made by the Industrial
Relations Commission of New South Wales on 18th December 1998 308 I.G 307.
This award shall take effect from the first full pay period
to commence on or after 21 July 2004 and shall remain in force for a period of
12 months
Bowling and Golf Clubs, &c., Employees (State)
Conciliation Committee
Industries and Callings
All persons engaged as greenkeepers, ground attendants,
gardeners, propagators, lawn mower and motor roller drivers and general
labourers in the construction and maintenance of bowling greens and golf
courses in the State of New South Wales, excluding the County of Yancowinna;
excepting employees of -
Municipal and Shire and County Councils;
The Council of the City of Newcastle;
The Council of the City of Sydney;
Sydney Electricity;
Landscape Gardeners;
Master Gardeners;
excepting also persons within the jurisdiction of the -
Club Managers and Secretaries (State) Conciliation
Committee;
Race Clubs, &c., Employees (State) Conciliation
Committee;
Sydney Cricket and Sportsground Trust, &c., Employees
(State) Conciliation Committee;
Club Employees (State) Conciliation Committee.
PART B
MONETARY RATES
Table 1 - Rates of
Pay
Classification
|
Rate Per Week ($)
|
5 Day Worker
|
|
Level 1
|
484.10
|
Level 2
|
506.60
|
Level 3
|
527.50
|
Level 4
|
561.20
|
Level 5 (Bowling Club)
|
582.10
|
Level 5 (Golf Clubs)
|
602.90
|
Level 6 (Golf Clubs)
|
642.60
|
5 & ½ Day Worker
|
|
Level 1
|
495.00
|
Level 2
|
517.50
|
Level 3
|
538.30
|
Level 4
|
572.00
|
Level 5 (Bowling Club)
|
592.90
|
Level 5 (Golf Club)
|
611.80
|
Level 6 (Golf Club)
|
653.50
|
Table 2 -
Apprentices
Apprentice’s year
of
|
% of skilled
tradesperson’s
|
Rate per week ($)
|
apprenticeship
|
minimum weekly rate
|
|
|
(Greenkeeper Level
4)
|
|
5 Day Week
|
|
|
1st
|
50
|
280.60
|
2nd
|
58
|
325.50
|
3rd
|
68.5
|
384.40
|
4th
|
78
|
437.75
|
5 & ½ Day Week
|
|
|
1st
|
50
|
286.05
|
2nd
|
58
|
331.80
|
3rd
|
68.5
|
391.90
|
4th
|
78
|
446.25
|
Table 3 - Other Rates
and Allowances
Item No
|
Clause
|
Brief description
|
Amount
|
1
|
27
|
Motor vehicle allowance
|
$0.46 per kilometre
|
2
|
17
|
Meal allowance
|
$8.25
|
3
|
30
|
First Aid allowance
|
$1.80 per day
|
Table 4 - Youth
Rates
Youths
|
Percentage of
|
5 Day Week - Rate
Per
|
5 & ½ Day Week
-
|
|
Greenkeeper Level 1
|
Week ($)
|
Rate Per Week ($)
|
16 years and under 17 years
|
45
|
217.85
|
222.75
|
17 years and under 18 years
|
50
|
242.05
|
247.50
|
18 years and under 19 years
|
60
|
290.45
|
297.00
|
19 years and under 20 years
|
80
|
387.30
|
396.00
|
20 years and under 21 years
|
100
|
484.10
|
495.00
|
R. J. PATTERSON, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.