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New South Wales Industrial Relations Commission
(Industrial Gazette)





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BOWLING AND GOLF CLUBS EMPLOYEES (STATE) AWARD
  
Date04/15/2005
Volume350
Part1
Page No.
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C3449
CategoryAward
Award Code 043  
Date Posted04/14/2005

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(043)

SERIAL C3449

 

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 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 & 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 & 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 & 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.

 

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