LUNA PARK PTY LTD (ACN: 107 258 524) ENTERPRISE AWARD 2003

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by The Australian Workers' Union, New South Wales, industrial organisation of employees.

 

(No. IRC 7111 of 2004)

 

 

AWARD

 

1.  Arrangement

 

Clause No.          Subject Matter

 

1.         Arrangement

2.         Parties

3.         Application

4.         Intention

5.         Term

6.         Definitions

7.         Classification & Rates of Pay

8.         Terms of Engagement

9.         Casual Employment

10.       Part-time Employment

11.       Fixed Term Employment

12.       Mixed Engagements

13.       Hours of Work

14.       Overtime

15.       Public Holidays

16.       Higher Duties

17.       Meal Breaks

18.       Sick Leave

19.       Personal/Carer’s Leave

20.       Jury Service

21.       Annual Leave

22.       First Aid

23.       Injury & Incident Reporting

24.       Uniforms & Protective Clothing

25.       Alcohol & Drugs

26.       Breakages & Till Shortages

27.       Superannuation

28.       Payment of Wages & Related Records

29.       Anti-Discrimination

30.       Suspension & Investigation of Serious Misconduct

31.       Grievance & Dispute Settlement Procedure

32.       Right of Entry of Union Representatives, Duties & Rights of Union Delegates, Deduction of Union Dues

33.       Training

34.       General Conditions

35.       Adjustment of Rates

36.       Bonus Payments - Weekly Employees

 

PART B

 

MONETARY HOURLY RATES

 

Table One - Rates Applicable from the first pay

period beginning on or after 1st March 2005.

Table Two - Rates Applicable from the first pay

period beginning on or after 1st March 2005.

 

2.  Parties

 

The parties to this award are Luna Park Services Pty Ltd: ACN: 107 258 524 and the Australian Workers Union, New South Wales.

 

3.  Application

 

(a)        This award shall apply to employees in the classifications and exercising the skills identified in Clause 7, ‘Classification & Rates of Pay’, employed in or around Luna Park by Luna Park Services Pty Ltd: ACN: 107 258 524 (the Company).

 

(b)        Except in regard to the following provisions:

 

Annual Leave

 

Sick Leave

 

Jury Service

 

Superannuation

 

Personal Carer’s Leave

 

Grievance and Dispute Settlement Procedure

 

Anti-Discrimination,

 

The conditions and terms of this award shall not apply to an employee of Luna Park Services Pty Ltd in receipt of an annualised salary package in excess of $35,000 per annum.

 

(c)        Nothing in this provision is to be taken to affect any right to make other salary arrangements.

 

4.  Intention

 

This award demonstrates that the parties recognise the need for harmonious Employee and Industrial Relations for Luna Park Services Pty Ltd to realise its corporate goals.

 

The parties will work together to ensure that the people of Sydney, and the users of the facilities, generally, in and about Luna Park Sydney, will enjoy high levels of customer service, the maintenance of the Park’s operations as a unique attraction, as well as a world class venue for corporate functions, leisure, entertainment and recreation.

 

5.  Term

 

This award shall operate from March 1st 2004, and shall remain in force for a period of three (3) years thereafter.  This award rescinds and replaces the Luna Park Services Pty Ltd Enterprise Award 2003 published 5 November 2004 (347 I.G. 146).

 

6.  Definitions

 

Acting up means the circumstances when the provisions of Clause 16 (Higher Duties) operate.

Authorised Representative of the Union shall be workforce delegates, officers or employees of the Union, identified in writing by the Union.

 

Company’s nominated Representative/Nominated Officer shall be the individual or class of individuals identified in writing by the General Manager of the Company, for the operation of the relevant sections of this award, to a party or individual who has a need arising from the operation of this award.

 

Ordinary Rate for weekly employees means the appropriate weekly loaded rates appearing in Tables One and Two of Part B Monetary Hourly Rates.  These rates contain components to compensate for work on weekends, public holidays, evenings and early morning shifts.

 

Park means Luna Park either in whole or in relation to some of the activities associated with its operation, whether they be on-site or not.

 

The Company on all occasions means Luna Park Services Pty Ltd: ACN:

 

7.  Classifications and Rates of Pay

 

(a)        Classification Definitions:

 

Employees engaged under this classification structure will be classified by the Company into one of the following levels, according to their skills, experience, responsibilities and aptitude.

 

Luna Park Employee Level One

 

This is a training level.

 

A Level One Employee has no qualifications or relevant previous experience. They perform duties of a routine nature, requiring the use of minimal judgement and work under close supervision.

 

They shall display an ability to communicate with the public in a courteous and tactful manner. They shall have sound numeracy and literacy skills, and may be required to exercise basic key-board skills.

 

Aside from learning operational practises and procedures, their typical duties may include, light cleaning, assisting with some or all of the following, games, rides, ushering, retail transactions, and including general labouring and break-relief for other team members.

 

Progression to a Level Two role will depend on an employee having filled this Level for six months, and, upon successful application and availability of a position.

 

Luna Park Employee Level Two

 

A level Two Employee must have completed six months work at Level One, and have demonstrated a clear understanding of and the ability to work within the Park’s policies and procedures, relevant to their operation at this Level in a safe, efficient and effective manner.

 

They shall be responsible for the quality of their own work, subject to routine supervision, working individually or in a team environment. They shall have demonstrated the ability to exercise discretion within their level of skills and training, working from detailed instructions and or procedures.

 

A Level Two Employee shall be able to operate across more than one role or functional grouping of roles.

 

A Level Two employee may be called upon to assist with the training of Level One Employees.

 

Indicative tasks of a Level Two Employee are: guest relations, ticket selling, ticket taking, ushering, ride attending, games attending, retail assisting, food preparation assistance, first-aid assisting, receptionist/ telephonist, break relief person, stores controlling, cleaning duties, assisting with maintenance duties.

 

Luna Park Employee Level Three

 

Progression or appointment to this Level shall be upon successful application, and the availability of a position.

 

A Level Three Employee works from complex instructions and procedures, assists with on the job training of staff, and may be required to co-ordinate work in a small team environment, whilst they work under general supervision.

 

Indicative tasks at this level include: functions co-ordination, food and beverage servicing, area supervision and crowd control, cash control and first- aid supervision.

 

Luna Park Employee Level Four

 

A Level Four Employee is someone with a specialist set of skills or knowledge, including trade or technical qualifications required in the usual operations of the Park and associated facilities, including electrical, electronic, mechanical and structural maintenance, and who may work as part of a team or alone.

 

Luna Park Employee Level Five

 

A Level Five Employee, as Duty Manager, or other middle management position designated by the Company, shall be responsible for the performance of staff rostered to work under them. They shall ensure that their team work to the required levels of costumer service and in accordance with the established policies of the Company.

 

As a middle manager, shall be responsible for undertaking performance reviews of team members and making recommendations to Senior Management on staff development and disciplinary matters.

 

They shall exercise a degree of discretion within well-defined directions and responsibilities, and report regularly and directly to Senior Staff Management.

 

An employee at this Level shall be appointed in writing, except in the case of a weekly employee acting up to this level on a temporary basis, in which case they shall be paid in accordance with Table One of Part B, with their hourly rate of pay being commensurate with their training, skills and relevant experience. In all other aspects they shall be paid in accordance with the provisions of this award.

 

(b)        Junior Rates:

 

Junior Employees shall be employed, subject to the following terms and limitations:

 

(i)         Employees less than 19 years of age shall not be required to perform functions or duties required of an employee properly classified as a Level Two Employee or above.

 

(ii)        Only employees aged 20 years and older shall be eligible for reclassification as Core Casuals, as provided in Clause 9 (b), Casual Employment. Employment prior to an employee’s twentieth birthday shall not count towards the performance criteria relating to Core Casuals.

 

(iii)       Employees who are less than 20 years of age shall receive the following percentages of the appropriate Hourly Monetary Rate for the relevant classification:

 

At 16 years and under	55%
At 17 years	65%
At 18 years	75%
At 19 years	85%
At 20 years	100%

 

Key Performance Indicators

 

(a)        The Company is highly committed to the philosophy that it values and recognises the contribution employees make to its overall performance, operations and success. The Company’s Management, believe that feedback, encouragement and recognition with regard to on the job performance are critical in improving communications, management/employee relations and maintaining a high level of commitment and morale in the workforce.

 

(b)       Key Performance Indicators have been developed covering employees engaged under the provisions of this award. A copy of the Key Performance Indictors will be given, upon employment, or promotion to a new position, to each employee.

 

(c)        An employee’s performance will be regularly reviewed against these indicators and they will be advised of the outcome of such reviews.

 

8.  Terms of Engagement

 

(a)        An employee may be engaged under the terms of this Award as:

 

(i)         a full-time weekly employee;

 

(ii)        a part-time weekly employee;

 

(iii)       a casual employee;

 

(iv)       a fixed term weekly employee.

 

(b)        The employment of weekly employees (excluding casuals) may be terminated by one week’s notice on either, side which may be given at any time, or by the payment by the Company or forfeiture by the employee of a week’s pay in lieu of notice. This shall not affect the right of the Company to dismiss an employee without notice in the case of an employee guilty of malingering, inefficiency, neglect of duty or misconduct.

 

(c)        Trial Period - Notwithstanding anything elsewhere contained in this award, the first 3 months of employment will be on a trial basis and may be terminated by 2 day’s notice by either side. Provided that if the requisite notice is not given during this period the payment or forfeiture of 2 day’s wages, depending upon when termination is effected, will be applied.

 

(d)        Notwithstanding anything contained in this award, the Company may deduct payment of   wages for any day on which an employee cannot be usefully employed because of:

 

(i)         any strike;

 

(ii)        any breakdown of machinery; or

 

(iii)       any stoppage of work unavoidable by the Company.

 

9.  Casual Employment

 

(a)        General Provisions

 

(i)         Casual employees are persons engaged and paid as such.

 

(ii)        A casual employee will be paid the appropriate rate of pay for their skill level or classification or category, provided in Part B, Monetary Hourly Rates, Table One or Two, as is appropriate. These hourly rates include loadings include and statutory obligations under the Annual Holidays Act 1944, or successor legislation, and components to compensate for work on evenings, early morning shifts, weekends and public holidays.

(iii)       If wet weather threatens and the Company makes a decision not to open the Park the following provisions shall apply to casual employees:

 

(1)        If the decision is made not later than two hours before the employee’s rostered starting time, the Company shall make a facility available for the employee to enquire by telephone in order to ascertain whether it is necessary to report for work. Should an employee report for work on an occasion when such a decision has been made, they shall be reimbursed the amount of fares, if any, they would have paid if they had travelled by public transport to reach the Park and return to their place of residence.

 

(2)        If that decision is made later than two hours before the scheduled rostered starting time, an employee reporting for work shall be paid for half of their minimum engagement.

 

(3)        If the Park is closed during a casual employee’s shift, they will be paid for a minimum of four hours.

 

(b)        Core Casuals

 

(i)         The status of "core employee" applies only to casual employees who have been confirmed as such in writing.

 

(ii)        The Company recognises that performance and attitude of the workforce are paramount to the ongoing success of Luna Park Sydney. Therefore consistent with the stated objectives of the parties in Clause 4 of this award to reward employees who are motivated and display an above average willingness to be flexible in regard to work arrangements, these employees will as far as practicable, have opportunity for promotion and or appointment to weekly employment, and higher hourly rates as Core Casuals under the provisions of this award.

 

(iii)       To be classified as a ‘core casual’ an employee will have one hundred percent rostered attendance for 400 hours or more; met all key performance criteria for their job, that shall include, but not be limited to consistently displaying the following characteristics:

 

Compliance at all times with all Company policies and Occupational Health and Safety regulations.

 

Presentation and image.

 

Willingness to work at lower levels when specifically requested by their Supervisor to do so.

 

Being reliable and consistent.

 

Displaying loyalty toward Luna Park and their customers.

 

Willingness to learn and upgrade skills.

 

Demonstrated a full understanding of Company policies and procedures relevant to them.

 

Preparedness to be flexible in relation to extended shift duties.

 

Consistently achieves above average performance relevant to their job description.

 

Is a trustworthy team player.

 

Willingly assists with the training and development of other employees.

 

Preparedness to work unsociable hours.

 

Being punctual.

 

(iv)       Where an employee fails to meet the above criteria on three separate occasions over a six months period without legitimate or substantiated cause, the status of ‘core casual’ will be taken from the employee, immediately that they are advised in writing as to the reasons for the revocation of status.

 

(v)        An employee shall not regain the status of ‘core casual’ until their performance is reviewed and they have reached the required level of performance, provided that such review is not carried out less than three months after the revocation.

 

10.  Part-Time Employment

 

(a)        A part-time employee is one engaged, in writing, to work not less than sixty four ordinary hours, over a period of twenty eight days, and who is not engaged and paid as a casual.

 

(b)        A part-time employee shall receive the same benefits as those applying to weekly full-time employees under this award but on a pro rata basis.

 

(c)        A part-time employee can be required to work more than one shift in one day, provided that each work period is not less than four consecutive hours.

 

11.  Fixed Term Employment

 

Where circumstances require a role to be filled on a short-term basis, weekly employees maybe engaged by the Company to meet the identified needs.

 

(a)        Employees engaged on a fixed-term basis shall be engaged in writing, with their classification, rate of pay and duration of engagement conveyed in a letter of appointment.

 

(b)        A fixed-term employee engaged for longer than four consecutive weeks shall be paid a pro- rata benefit in relation to Annual Leave at the point of termination.

 

(c)        In all other aspects a fixed-term employee shall receive pro rata the entitlements due to a weekly employee under this award.

 

12.  Mixed Engagements

 

Nothing in this award shall be construed to prevent an employee engaged under a weekly contract of employment from being engaged as a casual employee. In all respects the engagements shall be treated separately.

 

13.  Hours of Work

 

(a)        The ordinary hours of work shall not be more than an average of thirty eight per week over any twenty eight day period to be worked in shifts of not less than four consecutive hours nor not more than:

 

(i)         Ten hours for weekly employees

 

(ii)        Ten hours for casual employees, with each shift standing alone

 

(b)        All employees shall be notified by the Company of their working shifts by means of a roster placed in the staff room for each employee’s perusal. At least seven days notice shall be given to the employee should any alteration of the working hours be intended, except in the case of emergency, or unforeseen circumstances, such as inclement weather, or where the employee(s) agrees to the alteration

 

(c)        Except as otherwise provided, each weekly employee shall have two days off each week if it is reasonably possible to arrange accordingly.

 

(d)        Full-time and part-time employees will be given ten clear hours off between finishing ordinary hours on one shift and starting ordinary hours of work on the next shift or be paid overtime for all time worked until the employee has had twelve clear hours off.

 

14.  Overtime

 

(a)        All work performed in excess of the hours prescribed in sub-clause (a) of Clause 13, Hours Of Work, shall be paid overtime

 

(b)        Overtime shall be paid at the rate of:

 

(i)         For, all weekly engaged employees, time and a half for the first two hours and double time thereafter on a daily basis, calculated on their ordinary rate of pay.

 

(ii)        For, all casual employees, at the rate of time and a half for the first two hours and thence double time thereafter, calculated on a daily basis and to the nearest quarter of an hour, and based on their casual hourly rate

 

(c)        An employee may be required to work a reasonable amount of overtime by the Company and such employee shall work overtime in accordance with such requirement

 

(d)        When overtime work is necessary it shall, wherever reasonably practicable, be arranged that employees have at least ten consecutive hours off duty between work on successive days. An employee (other than a casual employee) who works so much overtime between the termination of work on one day and the commencement of ordinary work hours on the next day, and that employee has not had at least ten consecutive hours off duty between those times, shall be released after the completion of such overtime until ten consecutive hours off duty has been allowed without loss of pay for ordinary working time occurring during such absence

 

When such a break is not granted by the Company, the employee shall be paid double time for all time worked until the appropriate break is granted

 

(e)        The Company and the employee may agree to compensate for the working of overtime by allowing an equivalent amount of time off without penalty for actual time worked. The taking of such time shall be at a time requested by the employee and acceptable to the Company. Such arrangements shall be indicated in the time and wages records

 

15.  Public Holidays

 

(a)        New Year’s Day, Australia Day, Labour Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Birthday of the Sovereign, Christmas Day, Boxing Day and any other day gazetted as public holidays shall be public holidays for the purposes of this clause. The Company acknowledges and agrees that where a weekly employee works, they may substitute the abovementioned holidays for another day off, by agreement between the Company and the employee, to be taken within one month of the said holiday or adjacent to a period of annual leave.

 

(b)        Where a weekly employee is absent from employment on the working day (or part thereof) before, or the working day (or part thereof) after a public holiday (or group of public holidays) without reasonable cause, onus of proof of which will lie with the employee, the employee shall not be entitled to payment for the holiday (s) succeeding or preceding the absence.

 

(c)        Weekly employees, for all work performed on a public holiday shall be paid double the ordinary hourly rate, with a minimum payment as for four hours.

 

(d)        All employees rostered to work on Christmas Day, or for a shift commencing on 31st December and finishing in the a.m. on 1st January, shall receive an attendance bonus of $75.00, paid subject to the following provisos:

 

(i)         The bonus shall be in addition to all other payments arising from the application of the provisions of this award.

 

(ii)        Shall not be used for the calculation of any other entitlements arising from this award.

 

(iii)       Shall not be adjusted during the currency of this award, nor used by any party as a precedent in regard to any other day or days gazetted as Public Holidays.

 

16.  Higher Duties

 

An employee, other than a Level One operative, transferred to work in a classification that provides a rate of pay higher than the employee’s own ordinary rate shall be paid at such higher rate during the period of transfer, such payment to continue for a minimum period of one hour.

 

17.  Meal Breaks

 

(a)        Meal breaks shall be not less than thirty minutes and not more than one hour.

 

(b)        Such breaks are to be commenced not earlier than four hours after commencing work.

 

(c)        If an employee is required to work during the time when a meal break should have been allowed pursuant to this clause they shall be paid for such time at the appropriate overtime rate and the meal break shall be postponed to another mutually convenient time.

 

(d)        No part of the time taken as a meal interval shall be counted as part of the ordinary hours of work.

 

(e)        Where practicable a paid tea break may be allowed and taken at least once in every work period of greater than six hours duration. Provided that the taking of such break (s) shall be subject to the workload of the Park.

 

(f)         Where an employee, including a casual employee, is required to work a shift, of a duration greater than ten hours, they shall be granted, in addition to other breaks arising from the application of this clause, a paid break of thirty minutes, to be taken between eight and a half, and ten and a half hours after the commencement of that particular shift.

 

(g)        Where the employee elects to work through the period when the break referred to in sub-clause (f) above, should be taken if requested by the employee’s immediate supervisor, they shall be paid the appropriate overtime rate for such time.

 

18.  Sick Leave

 

A weekly employee with not less than three months’ continuous service with the Company who, by reason of personal ill-health’ is unable to attend for duty shall be entitled to ordinary rates of pay for the actual time of such non-attendance, subject to the following conditions and limitations.

 

(a)        The employee shall not be entitled to paid leave of absence for a period in respect of which the employee is entitled to compensation under the Workplace Injury Management and Workers’ Compensation Act 1998.

 

(b)        The employee wherever possible shall, prior to the commencement of such absence, inform the Company’s authorised representative of the employee’s inability to attend for duty and, as far as practicable, stating the nature of the injury or illness and the estimated duration of absence.

 

(c)        The employee shall provide, after three consecutive days absence, to the satisfaction of the Company, a medical certificate or such other evidence as may be acceptable to the Company, that he/she was unable, on account of illness or injury, to attend for duty on the day or days for which sick leave is claimed.

 

(d)        An employee shall be entitled to the paid sick leave according to the following scale:

 

(i)         During the first year of service - 38 hours.

 

(ii)        During the second and subsequent years of service  - 60.8 hours.

 

Provided that the sick leave entitlement under this clause may be accumulated, subject to continuous employment, for a maximum of 220.4 hours in addition to the current year’s entitlement.

 

19.  Personal/Carer’s Leave

 

(a)        Use of Sick Leave-

 

(i)         An employee, other than a casual employee, with responsibilities in relation to a class of person set out in sub-paragraph (2) of paragraph (iii), 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 18, 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.

 

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

 

(iii)       The entitlement to use Sick Leave in accordance with this sub-clause is subject to:

 

(1)        the employee being responsible for the care and support of the person concerned; and

 

(2)        the person concerned being:

 

(A)       a spouse of the employee; or

 

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

 

(C)       a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial), parent (including 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 paragraph;

 

‘relative’ means a person related by blood, marriage or affinity.

 

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

 

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

 

(iv)       An employee shall, wherever practicable, give the Company notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reason 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 Company by telephone of such absence at the first opportunity on the day of absence.

 

(b)        Unpaid leave for family purpose-

 

(i)         An employee may elect, with the consent of the Company, to take unpaid leave for the purpose of providing care and support to a class of person set out in sub-paragraph (2) of paragraph (iii) of sub-clause (a) who is ill.

 

(c)        Annual Leave-

 

(i)         An employee may elect, with the consent of the Company, 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.

 

(d)        Time off in lieu of payment for Overtime-

 

(i)         An employee may elect, with the consent of the Company, to take time off in lieu of payment for overtime at a time or times agreed with the Company within twelve months of the said election.

 

(ii)        Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

(iii)       If having elected to take time as leave in accordance with paragraph (i) of this sub-clause, leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the twelve month period or on termination.

 

(iv)       Where no election is made in accordance with the said paragraph (i), the employee shall be  paid overtime rates in accordance with the award.

 

(e)        Make-up Time-

 

(i)         An employee may elect, with the consent of the Company, 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.

 

(ii)        An employee on shift work may elect, with the consent of the Company, to work ‘make-up time’ (under which the employee takes time off ordinary hours and works those hours at a later time).

 

(f)

 

(i)         An employee, other that a casual employee, shall be entitled to up to two days compassionate leave without deduction of pay, on each occasion of the death of a person within Australia as prescribed in paragraph (iii) of this sub-clause. Where the death of a person as prescribed by the said paragraph (iii) occurs outside Australia, the employee shall be entitled to three days compassionate leave where the employee travels outside Australia to attend the funeral. Provided that an unpaid leave of absence authorised by the Company, taken in conjunction with such leave, shall not affect the employee’s continuity of service.

 

(ii)        The employee must notify the Company as soon as practicable of the intention to take compassionate leave and will provide to the satisfaction of the Company proof of death.

 

(iii)       Compassionate leave shall be available to the employee in respect to the death of a person prescribed for the purposes of personal/carer’s leave as set out in sub-paragraph (2) of paragraph (iii) of sub-clause (a) of this clause, provided that, for the purposes of compassionate leave, the employee need not have been responsible for the care of the person concerned.

(iv)       An employee shall not be entitled to compassionate leave under this clause during any period in respect of which the employee has been granted other leave.

 

(v)        Compassionate leave may be taken in conjunction with other leave available under sub-clauses (b), (c), (d) and (e) of this clause. In determining such a request, the Company will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

20.  Jury Service

 

(a)        A weekly employee required to attend for jury service during his/her ordinary working hours shall be reimbursed by the Company an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the amount of wages they would have received in respect of the ordinary rate they would have worked had they not been on jury service.

 

(b)        An employee shall notify the employer as soon as possible of the date upon which he/she is required to attend for jury service. Also, the employee shall give the Company proof of their attendance, the duration of such attendance and the amount received in respect of such jury service.

 

21.  Annual Leave

 

See Annual Holidays Act 1944. Reference should also be made to sub-clause (a)(ii) of Clause 9 Casual Employment.

 

22.  First Aid

 

(a)        A full time employee appointed by the Company as a First Aid Supervisor to perform, in addition to their regular functions, first-aid duties and holding a first-aid certificate shall be paid an additional amount of $25.00 per week or a pro-rata amount per engagement for part-time and casual employees.

 

(b)        Such an appointed employee shall be responsible for rendering first-aid to the best of their abilities and shall be responsible for ensuring that all first-aid kits distributed around the Park, to provide for the needs of the Company’s Workforce, are stocked at all times in accordance with regulations made under Occupational Health and Safety Legislation covering the Park’s operation.

 

(c)        An appropriate number of qualified employees shall be appointed as first -aid assistants, to provide first-aid services in the absence of the First-Aid Supervisor.

 

In addition to their ordinary rates they shall be paid an additional $3.00 per shift when they are rostered to be available to attend first-aid requirements.

 

(d)        The Company undertakes that the name and location of First-Aid providers will be posted for each roster period.

 

23.  Injury and Incident Reporting

 

(a)        All injuries or illnesses no matter how minor  shall be immediately reported to a Supervisor.

 

The Supervisor and or First Aid Attendant, (being either a First Aid Assistant or the First Aid Supervisor) after providing appropriate treatment, shall ensure that the injury or illness is recorded on a Company Injury /Incident Form as soon as is practicable after an injury has been sustained.

 

(b)        An injured or ill employee must advise management before they leave the Park.

 

(c)        Employees involved in, or aware of, an incident that has taken place in the Park (such as injury to any person, or damage to property or equipment) must take all reasonably practicable steps to report it to their Supervisor and/ or Manager immediately.

 

24.  Uniforms and Protective Clothing

 

(a)        The Company shall provide, where applicable, a Park Uniform excluding footwear. Park Uniforms shall remain the property of the Company and shall be returned on the termination of an employee’s employment. The Company shall clean and maintain all items of clothing issued to staff.

 

(b)        The Company shall issue to employees, on an as required basis, all protective clothing requirements, including adequate wet weather gear.

 

25.  Alcohol and Drugs

 

No employee shall be allowed to enter the Park or work if the person is under the influence of alcohol or any other substance that impairs the person’s work performance or creates an unsafe working environment. Failure to comply with this condition of employment will lead to disciplinary proceedings being commenced under the provisions of this award.

 

26.  Breakages and Till Shortages

 

(a)        The Company shall not charge any sum against, nor deduct any sum from the wage of any employee in respect of breakages of plant and equipment (including glasses, crockery or utensils) except in the case of proven wilful misconduct.

 

(b)        The Company shall not deduct money from any employee’s pay for till shortages except in the case of proven fraudulent misconduct by the employee.

 

27.  Superannuation

 

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

 

(b)        Occupational Superannuation entitlements falling due to employees of Luna Park Services Pty Ltd, subject to the requirements of the appropriate legislation, engaged under the provisions of this award shall be paid into a fund nominated by the Company.

 

(c)        All employees engaged under this award shall be appraised of the administrative arrangements relating to Occupational Superannuation prior to the commencement of their employment.

 

28.  Payment of Wages and Related Records

 

(a)        All wages due to an employee will be paid by close of business on the designated pay day each fortnight, into an account designated by the employee, by the means of electronic funds transfer.

 

(b)        The particulars of wages to be supplied to employees shall coincide with the requirements of Section 123 of the NSW Industrial Relations Act 1996.

 

(c)        Time and pay sheets will be kept in a fashion that meets the requirements of Section 129 of the NSW Industrial Relations Act 1996.

 

29.  Anti -Discrimination

 

(a)        It is the intention of the parties bound by this award to seek to achieve the object of Section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

(b)        It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their affects. 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 affect.

 

(c)        Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

(d)        Nothing in this clause shall be taken to affect:

 

(i)         any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(ii)        offering or providing junior rates of pay to persons under 21 years of age;

 

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

 

(iv)       a party to this award from pursuing unlawful discrimination in any State or Federal Jurisdiction.

 

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

 

30.  Suspension and Investigation of Serious Misconduct

 

(a)        Prior to dismissal of any employee the Company shall undertake a full and fair investigation into any alleged acts of serious or gross misconduct.

 

(b)        Any employee under investigation for allegations of serious or gross misconduct may, at the Company’s sole discretion, be suspended on their ordinary rate of pay (according to their projected rostered hours) while the investigation takes place. In these circumstances, the employee will be given a minimum of forty-eight (48) hours, unless otherwise agreed between the parties, to prepare their response to the allegation.

 

(c)        Any employee under investigation would be advised by a representative of the Company as to the nature of the investigation and details of the alleged misconduct prior to their suspension and before an investigation period commences.

 

(d)        An employee will have the right to seek representation and assistance that the employee deems appropriate in order to prepare and present their response to the allegations.

 

(e)        The details of any investigation or suspension will remain confidential between the parties and their representatives at all times. Provided that in special circumstances the parties may agree to the release of a statement relating to these circumstances.

 

(f)         If the allegations are proved to the satisfaction of the Company and the employee’s employment is subsequently terminated, the termination will be effected from the date of suspension and all entitlements to wages, accrued leave, etc, will be effected as at that date.

 

(g)        If the allegations are not proved to the satisfaction of the Company, the employee will remain in employment and will receive full payment, according to the projected roster, for the period of the employee’s suspension.

 

(h)        Nothing in this clause will derogate the right of an employee to seek redress through the New South Wales Industrial Relations Commission, in the case of a termination of employment.

 

31.  Grievance and Dispute Settlement Procedure

 

Subject to the Industrial Relations Act 1996 grievances or disputes shall be dealt with in the following manner:

 

(a)        The employee is required to notify (in writing or otherwise) their immediate supervisor as to the substance of the grievance, requesting a meeting with that person for bilateral discussions and state the remedy sought. This meeting shall take place within two working days of the issue arising (weekends and holidays excepted).

 

(b)        If agreement is not reached, the matter shall then be referred by the supervisor to a higher authority within the Company, not latter than three working days after (a) above (weekends and holidays excepted). At the conclusion of the discussion, the Company’s Representative must provide a response to the employee’s grievance if the matter has not been resolved, including reasons (in writing or otherwise) for not implementing any proposed remedy.

 

(c)        If the matter is still not settled within a reasonable period of time, it may be referred/notified to the Industrial Relations Commission of New South Wales for settlement by either party.

 

(d)        While these procedures are being followed, normal work must continue.

 

(e)        Each party may choose to be represented at each step of these proceedings by an  individual or organization of their choice.

 

(f)         All new employees shall be appraised by the Company of their rights and obligations under these procedures at the point of staff induction.

 

32.  Right of Entry of Union Representatives, Duties and Rights of Union Delegates, Deduction of Union Dues

 

The Company undertakes to observe the following arrangements in regard to union representation and union delegates.

 

Union Representatives:

 

1.          Authorised representatives of the union shall have access to employees covered by this award subject to the following limitations:

 

(a)        They shall not interfere with the operation of the Park or its employees usual work performance.

 

(b)        They shall advise the Company’s nominated officer in advance of their intention to visit the Park, the nature of their business, and whom they wish to interview.

 

(c)        Interviews of staff or meetings of members shall take place, no less than thirty minutes prior to the announced opening time of the Park’s operations, nor other than during meal break periods of the employee/s concerned.

 

(d)        That no action is inconsistent with the stated intention of the parties to this award to conduct industrial relations in a harmonious fashion.

 

Delegates

 

2.          The Company shall acknowledge the right of the union’s accredited delegates to conduct legitimate union business during operational time, and shall do whatever is practicable to achieve the continuance of harmonious industrial relations within the Park, through co-operation with accredited delegates.

 

3.          Management shall provide a notice board in an area convenient to either staff changing facilities or rest rooms, for the purpose of the union posting notices and a copy of this award, and all variations.

 

4.          Union Representatives or accredited delegates, shall be offered the opportunity to address induction sessions for new employees to explain the application of this award and the services offered by the union to members.

 

Union Dues.

 

The Company shall, upon receiving a written and signed authorisation by an employee, for the deduction of Union Dues, as determined from time to time by the Australian Workers Union, deduct the appropriate sums and forward them to the Union on a monthly basis, together with a reconciliation of all deductions made in regard to such authorisation.

33.  Training

 

The parties will co-operate in ensuring that appropriate training necessary for the efficient and safe operation of the Park is available.  The parties agree to co-operate in encouraging employees to avail themselves of the benefits of such training.

 

The parties shall develop appropriate training programs to facilitate skill enhancement based on the following procedures:

 

(a)        Training shall comply with the criteria and guidelines established by the Company.

 

(b)        Training may be undertaken either on or off the job; training authorised by the Company and undertaken by way of external courses, will be paid for by the Company.

 

(c)        Where authorised training is undertaken either on or off the job, during ordinary hours of work, the employee will not suffer any loss of ordinary pay.

 

34.  General Conditions

 

(a)        The Company will provide a meal room facility, away from the public areas, with boiling water or purified water at meal hours for all employees.

 

(b)        The Company will provide separate male and female change-room and toilet facilities for the exclusive use of staff.

 

35.  Adjustment of Rates

 

(a)        The base hourly rates contained in Table One of Part B, shall be adjusted on the first full pay periods commencing on or after 1st March 2005, and 1st March 2006.

 

(b)        The base hourly rates adjustments referred to in (a) shall be the higher of the following, rounded off to the nearest ten cents per hour:

 

(i)         In regard to the 1st March 2005, an increase of three percent;

 

or

 

(ii)        Where a decision of the Full-bench of the New South Wales Industrial Relations Commission in the State Wage Case, in the twelve months preceding 1st March 2005, determines a general wage increase higher than either a flat weekly amount greater than three percent of the Base Hourly Rate relating to skill level one; or conversely, in relation to a percentage increase, higher than three per cent, such higher increase shall be applied to the rates of all skill levels.

 

and

 

(iii)       In regard to the 1st March 2006, an increase of four percent, on the adjusted rates applying to each skill level;

 

or

 

(iv)       Where a decision of the Full-bench of the New South Wales Industrial Relations Commission in the State Wage Case, in the twelve months preceding 1st March 2006, determines a general increase higher than either a flat weekly amount greater than four percent of the base hourly rate relating to skill level one; or conversely in regard to a percentage increase, higher than four per cent, such higher adjustment be applied to the rates of all skill levels.

 

(c)        In applying flat dollar outcomes, of the State Wage Case Decisions to level one, the base hourly rates shall be multiplied by 38 and the Wage Case Decision amount added, with the outcome being in turn re-divided by 38 and rounded off to gain the new rate.

 

(d)        All other allowances are to be, unless otherwise specified in this award, adjusted in line with the strict requirements of the State Wage Case Decisions.

 

36.  Bonus Payments - Weekly Employees

 

In recognition of the unique operational requirements of Luna Park Sydney, particularly in relation to the need to roster team members to work at weekends, on some Public Holidays, and in relation to late finishing shifts, and further, to reward staff loyalty, the following additional entitlement will apply to weekly staff engaged under this award.

 

(a)        Upon the anniversary of a weekly employee’s employment, and in each year thereafter, they shall be entitled to an additional payment on the following conditions:

 

(i)         The additional payment will be calculated on the average number of ordinary hours worked during the previous four or the previous fifty two weeks, whichever is the greater.

 

(ii)        That the additional payment not exceed an amount equal to thirty eight ordinary hours pay, at the employee’s rate at the date of entitlement.

 

(iii)       The additional payment, subject to sub-clause (b) below, shall be made at the conclusion of the pay period subsequent to the anniversary date.

 

(v)        No casual employment arising from the application of this award shall be used in the calculation of entitlements arising from this clause.

 

(b)        The additional payment referred to in (a), may be, at the choosing of the employee, held for a period of up to twenty six weeks, and be used to take as additional time off without loss of pay, concurrently with periods of annual leave.

 

PART B

 

MONETARY HOURLY RATES

 

Table 1 (Rates Applicable from the first pay period beginning on or after 1st March 2005)

 

 

JUNIOR HOURLY RATES

 

Table 2 (Rates Applicable from the first pay period beginning on or after 1st March 2005)

 

 

* Not applicable

 

 

 

A. W. MACDONALD, Commissioner.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.