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AUSTRALIAN JOCKEY CLUB TRACK MAINTENANCE AND ANCILLARY STAFF AWARD 2005
  
Date01/20/2006
Volume356
Part2
Page No.520
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C4227
CategoryAward
Award Code 1001  
Date Posted01/20/2006

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(1001)

(1001)

SERIAL C4227

 

AUSTRALIAN JOCKEY CLUB TRACK MAINTENANCE AND ANCILLARY STAFF AWARD 2005

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Employers First, industrial organisation of employers.

 

(No. IRC 4637 of 2005)

 

Before The Honourable Justice Schmidt

15 September 2005

 

AWARD

 

PART A

 

1.  Title

 

This consent award shall be referred to as the Australian Jockey Club Track Maintenance and Ancillary Staff Award 2005.

 

2.  Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Arrangement

3.         Parties to the Award

4.         Statement of Intent

5.         Anti Discrimination

6.         Contract of Employment

7.         Classification Structure

8.         No Extra Claims

9.         No Reduction in Standards

10.       Labour Flexibility, Skills Utilisation, Training and Development

11.       Annual Leave

12.       Annual Leave Loading

13.       Personal Carer’s Leave

14.       Sick Leave

15.       Long Service Leave

16.       Bereavement Leave

17.       Redundancy

18.       Payment of Wages

19.       Mixed Functions

20.       Working in the Rain

21.       Meal and Change Rooms

22.       Night Racing

23.       First-aid

24.       Tools

25.       Occupational, Health & Safety

26.       Reasonable Overtime

27.       Protective Equipment

28.       Recalled to Work

29.       Jury Service

30.       Disputes Procedure

31.       Consultative Procedure

32.       Area, Incidence and Duration

 

PART B - ROYAL RANDWICK RACECOURSE

 

33.       Hours of Work and Rosters

34.       Overtime and Sundays

35.       Public Holidays

36.       Day in Lieu Procedure

37.       Royal Randwick Monetary Rates

 

PART C - WARWICK FARM RACECOURSE

 

38.       Hours of Work

39.       Rostered Day Off Banking

40.       Overtime

41.       Public Holidays

42.       Warwick Farm Monetary Rates

 

3.  Parties to the Award

 

The parties to this award are:

 

The Australian Jockey Club (AJC)

 

The Australian Workers Union, New South Wales (AWU) and its members employed in the occupations detailed in clause 7, Classification Structure.

 

4.  Statement of Intent

 

4.1        This Award has been designed to facilitate the smooth establishment and ongoing organisational development of the AJC at Royal Randwick and Warwick Farm Racecourse.

 

4.2        The parties are committed through this Award to supporting and maintaining the AJC's vision as Australia's premier thoroughbred racing organisation.

 

The parties are committed to:

 

(a)        Efficiencies and productivity being constantly reviewed and improved and thereby allowing the AJC to compete against other racing, gaming and wagering organisations on a cost-effective basis.

 

(b)        The creation and maintenance of a harmonious employee relations environment which is typified by consultation and participation which supports the AJC's vision.

 

(c)        The provision of a framework within which the AJC can generate interesting and fulfilling work and develop systems which allow employees to reach their full potential while simultaneously maximising the efficiency and productivity of the AJC.

 

(d)        The creation of a co-operative working environment, where quality and pride of working for the AJC are fostered and that any issues of demarcation are eliminated.

 

5.  Anti-Discrimination

 

5.1        It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (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.

 

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

 

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

 

5.4        Nothing in this clause is to be taken to affect:

 

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

 

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

 

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

 

(d)        a party to this award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

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

 

Notes

 

(a)        Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

(b)        Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in this 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."

 

6.  Contract of Employment

 

6.1        Employees may be engaged on a full-time, fixed term, part-time or casual basis.

 

6.2        Full-time Employment

 

Except for the first four months of employment, which shall be probation, full time employees will be employed on a weekly basis.  Probationary appointed employees shall be reviewed continuously throughout the probationary period and any deficiencies in performance brought to their attention.

 

Employees unable to satisfactorily meet all criteria by the end of the probation period will be dismissed.

 

6.3        Part-time Employment

 

(a)        A part-time employee is a weekly employee who is employed to work less than the full hours of full-time employees.

 

(b)        A part-time employee shall be engaged for a minimum of four hours for each engagement.

 

(c)        Part-time employees shall receive the same entitlements as full-time employees but on a pro-rata basis.

 

(d)        Part time employees shall be paid per day at one fifth of the weekly aggregate wages and may be required to work any of the rostered hours of full time employees.

 

(e)        Where required to work for less than a full day they shall be paid a proportion of a day’s pay.

 

6.4        Fixed Term Employment

 

A fixed term employee shall be employed for a particular task with a known or estimated completion date which will be advised at the time of engagement.

 

6.5        Casual Employment

 

Casual employees shall be paid on an hourly basis of the appropriate weekly rate as contained in the Race Club Employees (State) Award published 24 August 2001 (327 IG 95) as varied.  Casuals will be used as required and may be called upon to work in any position in which they can satisfactorily perform either through skills and experience or by direct supervision and instruction.  In addition to the hourly rate a loading of 15% to compensate for the casual nature of the employment shall be paid.

 

6.6        Termination of Employment

 

Employees, other than casuals, shall be employed by the week and their engagements shall only be terminated 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.

 

6.7        Employees are responsible for the care and safe keeping of all AJC property issued to them and shall return each item to the AJC on termination of employment.  In default, the AJC may deduct, from wages or salary due, an amount equal to the replacement value.  AJC issued clothing and protective equipment shall remain the property of the AJC and shall be returned on termination of employment.

 

6.8        Employees shall perform all work in all areas as the AJC may reasonably require, to the limit of the skills and competence of the employee and the task required to be undertaken, including the working of reasonable overtime.

 

7.  Classification Structure

 

Racecourse Employee Level 1:

 

An employee without trade qualifications performing gardening or general track maintenance work including but not limited to:

 

The operation of:

 

General tractors and mowers (with or without attachments), Mechanical spray operators;

 

‘pto’ equipment including dedicated power sweepers and power harrows.

 

Racecourse Employee Level 2:

 

Holder of a Trade Certificate relevant to the work being performed;

 

Mechanic;

 

Track crossing attendant, track office administrator (early morning trackwork);

 

An employee principally employed to operate plant and who is qualified, capable and is required to operate all the specialised mechanical plant used by the employer (except a grader over 80 h.p.), in addition to tractors and front end loaders with or without attachments.  Such specialised mechanical plant may include back hoes, fork lifts, front end loaders and similar plant requiring qualification and barrier tractors.

 

Racecourse Employee Level 3:

 

Plant Operator 2 - an employee principally employed to operate plant and who is qualified, capable and is required by the AJC to operate a grader over 80 h.p. in an addition to the plant driven by Racecourse Employee Level 2.

 

Racecourse Employee Level 4:

 

Track leading hand or foreperson, gardens leading hand or foreperson, pool attendant, senior track crossing attendant.

 

8.  No Extra Claims

 

None of the parties to this award shall pursue any extra claims, award or over award.

 

9.  No Reduction in Standards

 

This Award shall not operate so as to cause a current employee as at the date of this Award to suffer a reduction in ordinary time earnings provided by any award, agreement or overaward arrangements in operation at the time of the making of this Award.

 

10.  Labour Flexibility, Skills Utilisation, Training and Development

 

10.1      Labour Flexibility

 

For the purpose of increasing productivity and flexibility as well as enhancing opportunities for employees:

 

(a)        Employees shall perform all work and operate all equipment within the classification in which they are employed and those of lower classifications.

 

(b)        Employees shall perform work which is incidental or peripheral to the duties of their classification, including the operation and routine maintenance of all mechanical equipment.

 

(c)        Employees shall not impose or continue to enforce demarcation barriers on the tasks they are to perform (provided such tasks are within the skills and competence of the employee concerned).

 

(d)        Flexibility of Labour will be enhanced by track maintenance hands, garden staff and cleaning staff may be allocated to other (AWU type) jobs e.g., track maintenance staff may be allocated to assist gardeners. Another example is that cleaners may be allocated to assist in track maintenance or gardening when required or gardeners may perform knocking-in duties on racedays.

 

(e)        Employees shall take all reasonable steps to achieve quality, accuracy and completion of any job or task assigned by the AJC.

 

(f)         Employees shall perform all work in all areas as the AJC may reasonably require, to the limit of the skills and competence of the employee and the task required to be undertaken including the working of reasonable overtime.

 

(g)        The parties to this award acknowledge that for the efficient running of the AJC an employee engaged at Randwick or Warwick Farm Racecourse prior to 2001 may be required to perform duties at both courses.  Such a transfer may occur on individual days or consecutive days but no longer than four months in any one calendar year.

 

(h)        This clause shall not operate on a permanent transfer basis. In cases of temporary transfer the employee may be required to commence and finish work at the normal start and finish times operating at either Randwick or Warwick Farm Racecourses subject to the following:

 

(a)        The employee’s ability to provide their own appropriate transport.

 

(b)       Consideration of individual’s family/carer responsibilities.

 

(c)        Negotiation of an acceptable amount of compensation for fares/tolls, vehicle wear and tear and petrol.

 

Employees engaged after 2001 may be required to work at Randwick and Warwick Farm commencing and finishing work in accordance with the respective times.

 

10.2      Skills Utilisation

 

(a)        Training and development shall be subject to the AJC's skill requirements.  It is the aim of the parties to this Award that all employees shall be provided with opportunities for training and development, encouraging the formation of a flexible, highly skilled and committed workforce, enjoying maximum job satisfaction.

 

(b)        Employees will move between tasks and functions within their appointed classifications and skills and competency levels in order to apply and develop their skills to meet AJC objectives.  In moving employees between tasks and functions and in regrouping tasks and functions the AJC will consult with the employees and consider:

 

(i)         the career development needs of individuals;

 

(ii)        the efficient organisation of work;

 

(iii)       any personal and geographic considerations.

 

(c)        The process described in paragraph (b) of this subclause shall not include those functions or tasks where the safety of an employee learning "on the job" cannot be guaranteed by the AJC or where an essential requirement of a formal qualification limits the process.

 

(d)        Processes will be adopted to facilitate the skills enhancement and career development opportunities of employees whilst promoting aims and objectives of the AJC.

 

10.3      Training & Development

 

(a)        The parties confirm a commitment to training and skill development for employees in accordance with the needs of the AJC.

 

(b)        The types of training needs which shall be met include:

 

(i)         training required to increase the level of competency of the employees;

 

(ii)        training required through the creation of new tasks, restructuring of existing tasks and/or multi-skilling;

 

(iii)       training required to assist employees to pursue, where possible, their preferred career paths and to improve their opportunities for career advancement;

 

(iv)      the provision of training, shall be undertaken in line with the Clubs EEO policy and procedures.

 

11.  Annual Leave

 

See Annual Holidays Act 1944.

 

12.  Annual Leave Loading

 

12.1      In this clause the Annual Holidays Act 1944, is referred to as the Act.

 

12.2      Before an employee is given and takes an annual holiday, or whereby agreement between the AJC and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the AJC 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 an annual holiday wholly or partly in advance - see subclause 12.5 of this clause.)

 

12.3      The loading is payable in addition to the pay for the period of holiday given and taken and due to the employee under the Act.

 

12.4      The loading is the amount payable for the period or the separate period, as the case may be, at the rate per week of 17.5% 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 his/her annual holiday.

 

12.5      No loading is payable to an employee who takes an annual holiday wholly or partly in advance; provided that, if the employment of such an employee continues until the day when the employee would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such holiday and is to be calculated in accordance with subclause 12.4 of this clause applying the award rates of wages payable on that day.

 

12.6      If the AJC’s establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employees concerned:

 

(a)        an employee who is entitled under the Act to an annual holiday and who is given and takes such a holiday shall be paid the loading calculated in accordance with subclause 12.4 of this clause;

 

(b)        an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable under the Act such proportion of the loading that would have been payable under this clause if the employee had become entitled to an annual holiday prior to the close-down as the employee’s qualifying period of employment in completed weeks bears to 52.

 

12.7

 

(a)        When the employment of an employee is terminated by the AJC for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which the employee became entitled after the employee shall be paid a loading calculated in accordance with subclause 12.4 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.

 

13.  Personal Carer’s Leave

 

13.1      Use of Sick Leave

 

(a)        An employee other than a casual employee, with responsibilities in relation to a class of person set out in subclause 13.1(c)(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 at clause 14, 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 employees 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 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 and support of the person concerned: and

 

(ii)        the person concerned being:

 

(iii)       a spouse of the employee; or

 

(1)        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

 

(2)        a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial), 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

 

(3)        a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

(4)        a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

 

(a)        "relative" means a person related by blood, marriage or affinity;

 

(b)        "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

(c)        "household" means a family group living in the same  domestic dwelling.

 

(d)        An employee shall, wherever practicable, give the AJC notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence.  If it is not practicable for the employee to give prior notice of absence, the employee shall notify the AJC by telephone of such absence at the first opportunity on the day of absence.

 

13.2      Unpaid Leave for Family Purpose

 

An employee may elect, with the consent of the AJC, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subclause 13.1(c)(iii) above who is ill.

 

13.3      Annual Leave

 

(a)        An employee may elect with the consent of the AJC, 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 AJC 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.

 

13.4      Make-up Time

 

(a)        An employee may elect, with the consent of the AJC, to work "make-up time", under which the employee takes time off during 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 AJC, 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.

 

13.5      Time Off in Lieu of Payment for Overtime

 

(a)        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.

 

(b)        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.

 

(c)        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.

 

(d)        Where no election is made in accordance with paragraph (a) of this subclause the employee shall be paid overtime rates in accordance with the award.

 

13.6      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 amounts.

 

(c)        An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purposes 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.

 

14.  Sick Leave

 

14.1      Subject to the production of evidence satisfactory to the AJC, a full-time employee shall be entitled to fifteen (15) days sick leave on full pay per year of service.

 

14.2      Such sick leave shall be cumulative for twelve years from the end of the year in which it accrues.

 

15.  Long Service Leave

 

See Long Service Leave Act 1955.

 

16.  Bereavement Leave

 

16.1      An employee other than a casual employee shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause 13.1(c)(iii) Personal Carer’s Leave.

 

16.2      The employee must notify the AJC as soon as practicable of the intention to take bereavement leave and will, if required by the AJC, provide to the satisfaction of the AJC proof of death.

 

16.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer’s Leave in subclause 13.1(c)(iii), provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

16.5      Bereavement leave may be taken in conjunction with other leave available under clause 13.2, 13.3, 13.4, 13.5 and 13.6 of clause 13, Personal Carer’s Leave.  In determining such a request the AJC will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

17.  Redundancy

 

17.1      Application

 

(a)        This clause shall apply in respect of full-time and part-time employees.

 

(b)        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 AJCs shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(c)        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.

 

17.2      Introduction of Change

 

(a)        AJC’s duty to notify

 

(1)        Where the AJC has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the AJC shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(2)        ‘Significant effects’ include termination of employment, major changes in the composition, operation or size of the AJC’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.

 

(3)        Provided that where the award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(b)        AJC’s duty to discuss change

 

(1)        The AJC shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in paragraph (a) of this subclause, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(2)        The discussion shall commence as early as practicable after a definite decision has been made by the AJC to make the changes referred to in paragraph (a) of this subclause.

 

(3)        For the purpose of such discussion, the AJC shall provide to the employees concerned and the union to which they belong all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that the AJC shall not be required to disclose confidential information the disclosure of which would adversely affect the AJC.

 

17.3      Redundancy

 

(a)        Discussions before terminations

 

(1)        Where the AJC has made a definite decision that the AJC no longer wishes the job the employee has been doing done by anyone pursuant to subparagraph (1) of paragraph (a) of subclause 17.2 above, and that decision may lead to the termination of employment, the AJC shall hold discussions with the employees directly affected and with the union to which they belong.

 

(2)        The discussions shall take place as soon as is practicable after the AJC has made a definite decision which will invoke the provision of subparagraph (1) of paragraph (a) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

 

(3)        For the purposes of the discussion the AJC shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out.  Provided that the AJC shall not be required to disclose confidential information the disclosure of which would adversely affect the AJC.

 

17.4      Termination of Employment

 

(a)        Notice for changes in production, programme, organisation or structure

 

This subclause sets out the notice provisions to be applied to terminations by the AJC for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subclause 17.2(a)(1) above.

 

(1)        In order to terminate the employment of an employee the AJC 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

4 weeks

 

(2)        In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice.

 

(3)        Payment in lieu of the notice above shall be made if the appropriate notice period is not given.  Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

(b)        Notice for technological change

 

This subclause sets out the notice provisions to be applied to terminations by the AJC for reasons arising from "technology" in accordance with subclause 17.2 (a)(1) above:

 

(1)        In order to terminate the employment of an employee the AJC shall give to the employee 3 months notice of termination.

 

(2)        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.

 

(3)        The period of notice required by this subclause to be given shall be deemed to be service with the AJC 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.

 

(c)        Time off during the notice period

 

(1)        During the period of notice of termination given by the AJC, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment.

 

(2)        If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the AJC, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(d)        Employee leaving during the notice period

 

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the AJC until the expiry of such notice.  Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(e)        Statement of employment

 

The AJC shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

 

(f)         Notice to Centrelink

 

Where a decision has been made to terminate employees, the AJC shall notify the Centrelink thereof as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

 

(g)        Centrelink Separation Certificate

 

The AJC shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an "Employment Separation Certificate" in the form required by the Centrelink.

 

(h)        Transfer to lower paid duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause 17.2 above, 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 AJC may at the AJC’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

 

17.5      Severance Pay

 

(a)        Where an employee is to be terminated pursuant to subclause 17.4 above, subject to further order of the Industrial Relations Commission, the AJC shall pay the following severance pay in respect of a continuous period of service:

 

(1)        If an employee is under 45 years of age, the AJC shall pay in accordance with the following scale:

 

Under 45 Years of Age

Years of Service Age 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

 

(2)        Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

Years of Service

45 Years of Age and Over Entitlement

 

 

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

(3)        ‘Weeks pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

 

(b)        Incapacity to pay

 

Subject to an application by the AJC and further order of the Industrial Relations Commission, the AJC may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause above.

 

The Industrial Relations Commission shall have regard to such financial and other resources of the AJC concerned as the Industrial Relations Commission thinks relevant, and the probable effect paying the amount of severance pay in paragraph (a) of this subclause above will have on the AJC.

 

(c)        Alternative employment

 

Subject to an application by the AJC and further order of the Industrial Relations Commission, the AJC may pay a lesser amount (or no amount) of severance pay than that contained in paragraph (a) of this subclause above if the AJC obtains acceptable alternative employment for an employee.

 

17.6      Savings Clause

 

Nothing in this award 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 arrangement, taken as a whole, between the union and any AJC bound by this award.

 

18.  Payment of Wages

 

18.1      Wages shall be paid by electronic funds transfer unless otherwise agreed by the AJC.  Compensation for any costs associated with the EFT deposits or withdrawals is included in the weekly wage set out in clauses 37 and 42 of this Award.

 

18.2      Wages shall be paid on a fixed day not later than Friday of each week.  Provided that by agreement between the AJC and the majority of employees wages may be paid fortnightly.  Provided further that from 2002 the AJC may elect to pay fortnightly by giving one months notice.

 

18.3      Employees who are paid cash shall be paid during ordinary working hours and any employee who has to wait after ordinary ceasing time on pay day to receive wages shall be paid at ordinary time rates for all time the employee is kept waiting to be paid.

 

18.4      When an employee is paid by means of electronic funds transfer the provisions relating to waiting time shall not apply.  In lieu thereof, when an employee’s wages are not in the relevant employee’s nominated account on the designated pay day the AJC, if required to do so by the employee, shall provide the employee’s wages to the employee in cash by conclusion of the next day’s shift and in any case no later than Friday.

 

18.5      An employee may elect to sacrifice part of the employee’s salary to be an additional superannuation contribution above the rate prescribed by the Superannuation Guarantee Charge Act 1992.

 

Where salary sacrifice contributions are to be made on behalf of an employee to an approved Superannuation Plan, the wage rates prescribed by Table 1 of clauses 37 and 42 shall (in respect of such an employee) include a component being the salary sacrifice contribution.  That is, that part of the wage rate representing the salary sacrifice contribution chosen by the employee, shall be paid as a contribution by the AJC direct to the Superannuation Plan.  As a consequence, the employee’s taxable salary shall equal the relevant wage rate less the salary sacrifice contribution (if any).

 

Where an employee’s request for other salary sacrifice arrangements are approved by the AJC such arrangements will also be taken into consideration as meeting the obligation to pay the relevant wage set out by the award.

 

19.  Mixed Functions

 

19.1      An employee, who is required to perform on any day work for which a higher rate of wage than that prescribed for the employee’s ordinary classification, shall be paid as follows:

 

(a)        If required to perform such work for eight hours or more, payment shall be at the higher (or highest, as the case may be) rate of wage prescribed for the work performed;

 

(b)        If required to perform such work for less than eight hours, payment shall be at the higher (or highest, as the case may be) rate of wage prescribed for the time actually occupied on such work.

 

19.2      An employee who is required to perform, on any day, work for which a lower rate of wage than that prescribed for the employee’s ordinary classification shall suffer no reduction in pay in consequence thereof.

 

20.  Working in the Rain

 

All employees called upon to work in the rain shall be supplied by the AJC, free of charge, gum boots, or other protective clothing subject to safe working practices being observed.

 

21.  Change and Meal Room

 

The AJC shall provide free of charge at each place where this award applies, a change and meal room furnished with lockers, tables and seats for use by employees.  Such room shall be used exclusively as a change and meal room.  Boiling water shall be provided, free of charge, and shall be available to employees at the commencement of meal breaks.

 

22.  Night Racing

 

In the event that night racing, on any night, Monday to Friday, is introduced during the life of this Award the parties agree to enter negotiations to address the specific needs associated with conducting such events at Royal Randwick.  In the absence of any agreement arising out of those discussions, the following broad principles will apply:

 

22.1      Employees who are required to work on a night meeting will not be rostered and will not be paid for their ordinary hours, during the day, of a night meeting.

 

22.2      Employees working at a night meeting will be rostered for six (6) hours work (inclusive of a 30 minute meal break) on the night of the meeting.

 

22.3      The six hour period will be worked without any deduction in pay.  Employees shall also receive a night racing allowance, for each meeting as detailed in Table 2, Item 6.

 

Employees will resume work at their normal starting time the next day.

 

22.4      Where possible, the employees rostered for work at night meetings will be drawn from employees who have expressed a willingness to work night meetings.

 

22.5      Employees will be alternated, where possible, to work during the day or at a night meeting. People working at a night meeting will do so provided they are appropriately skilled and experienced to carry out the work required in all positions necessary to conduct a race meeting.  In some circumstances casual employees may be engaged to work during the day.

 

22.6      Night meetings will be staffed in a similar manner to the Randwick mid-week day meetings including the employment of some casual labour.  All employees engaged for a Night Racing Roster including casuals will be paid the Night Racing Allowance as set out in subclause 22.3 of this Award.

 

In the event that a night meeting is scheduled on a night other than Monday to Friday the matter will be subject to further negotiation between the parties to this Award.

 

23.  First Aid

 

A first-aid outfit shall be provided by the AJC at each course where this Award applies.

 

24.  Tools

 

All tools required by employees shall be provided, free of charge, by the AJC.

 

25.  Occupational Health and Safety

 

25.1      The AJC prides itself on quality occupational health and safety standards.  It is recognised that the benefits to be gained from effective health and safety programs are significant both in human and economic terms.

 

25.2      The AJC is responsible for taking all reasonable and practical action to achieve and maintain a performance level, which safeguards the health and safety of all employees in accordance with relevant Occupational Health and Safety legislation.

 

25.3      All employees are to be involved in safety matters and hence, to contribute to the reduction of hazards.  Employees are to:

 

(a)        Identify and reduce the risk associated with all types of work-related events that may produce injury or illness; or

 

(b)        Identify, measure and control to safe levels any physical agents in the workplace capable of causing ill health; and

 

(c)        Promote the good health and welfare of employees;

 

(d)        Report any perceived hazard to the immediate supervisor;

 

(e)        Report any work related injury, no matter how minor to their supervisor;

 

(f)         Wear any safety clothing, footwear, equipment issued and specified for the job.

 

25.4      The AJC's management is committed to the continuous monitoring and upgrading of its occupational health and safety policy to ensure the highest standards are met.  The AJC shall where appropriate:

 

(i)         provide information, instructions and training of employees to increase personal understanding of safe work practices, workplace hazards and principles of hazard control; and

 

(ii)        Maintain a close relationship with employees and regulatory authorities in the development of standards and future strategies.

 

25.5      The occupational health and safety committee shall be convened subject to the provisions of the relevant legislation and the regulations thereto and shall meet at intervals not less frequent than specified in the regulations.

 

26.  Reasonable Overtime

 

26.1      Subject to paragraph (2) below, an employer may require an employee to work reasonable overtime at overtime rates or as otherwise provided for in this award.

 

26.2      An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours, which are unreasonable.

 

26.3      For the purposes of paragraph (2) below what is unreasonable or otherwise will be determined having regarded to:

 

(1)        Any risk to employee health and safety;

 

(2)        The employee’s personal circumstances including any family and carer responsibilities;

 

(3)        The needs of the workplace or enterprise;

 

(4)        The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and

 

(5)        Any other relevant matter.

 

27.  Protective Equipment

 

Employees required to use pesticides, weedicides or poisonous sprays shall be provided with such protective clothing and equipment as is recommended by the manufacturer’s specifications.  Provided that no employee shall be required to use pesticides, weedicides or poisonous sprays unless that employee has been given instruction on their safe handling and use.

 

28.  Recall to Work

 

An employee recalled from his home to work overtime, after having left the premises of the AJC, shall be paid a minimum of four hours at overtime rates.

 

29.  Jury Service

 

An employee on weekly hiring required to attend for jury service during his ordinary working hours shall be reimbursed by the AJC an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

 

An employee shall notify the AJC as soon as practicable of the date upon which he/she is required to attend for jury service, and shall provide the AJC with proof of his/her attendance, the duration of such attendance and the amount received in respect thereof.

 

30.  Disputes Procedure

 

30.1      The aim of this procedure is to ensure that, during the term of this Award, industrial grievances or disputes are prevented or resolved as quickly as possible at the level they occur in the workplace.  At any time during the procedure an employee may elect to be represented by an official of their union.  During the life of the Award there shall be no disruption to or cessation of normal work other than in relation to bona fide safety issues.  In the event of a safety issue the grievance procedure shall be followed.

 

30.2      Where a dispute or grievance arises, or is considered likely to occur the steps below are to be followed.  In order to permit the peaceful resolution of grievances, the status quo shall remain and work shall continue as normal while the industrial grievance procedure is being followed, (status quo shall mean the situation existing immediately prior to the dispute or the matter giving rise to the dispute).

 

Step 1

 

The matter is discussed between the employee(s) and the immediate supervisor involved.  If the matter remains unresolved only then, follow Step 2.

 

Step 2

 

The matter is discussed between the employee, the employees' representative if the employee so wishes and the supervisor involved.  If the matter remains unresolved, only then, follow Step 3.

 

Step 3

 

The matter is discussed between the employee, the employee's representative if the employee so wishes, the supervisor and the departmental manager.  If the matter remains unresolved only then, follow Step 4.

 

Step 4

 

The matter is discussed between the departmental manager, the human resources manager and the employee's representative and/or union official if the employee so wishes.  If the matter remains unresolved only then, follow Step 5.

 

(Where it is agreed by the employee and departmental manager Steps 1 to above may be conducted concurrently.)

 

Step 5

 

The matter is discussed between senior representatives of the company and the relevant union if the employee is represented by a union.  The parties agree to exhaust the processes of conciliation before considering Step 6.  It is also agreed that the parties will not deliberately frustrate or delay these procedures.

 

Step 6

 

The matter may be referred by either party to the Industrial Relations Commission of New South Wales in order for the Commission to exercise its functions under the Industrial Relations Act 1996

 

31.  Consultative Process

 

31.1      A consultative process shall be established with the aim of achieving real improvements in employee/management relations, and to facilitate the cultural change to address the real problems and challenges that lie ahead on the road to achieving world best practise in the Racing Industry.

 

31.2      A consultative committee charter is to be fully developed and put into place to enable the committee to function effectively.

 

(a)        Consultative Committee Agreement

 

(i)         Preamble

 

In agreeing to form a Consultative Committee, all parties, management and unions acknowledge the requirement for an atmosphere of mutual trust and co-operation.  The overall purpose of the committee is to provide an environment for greater communication and, in doing so, establish a forum in which employees are able to express their points of view and thus an opportunity to influence management decision making and also allow management to utilise employee knowledge and experience.

 

(ii)        Objective

 

The objectives will be to improve not only the standard of working life but also the overall performance of all employees with the ultimate aim of maintaining and where possible, improving the club's competitiveness with the consequential improvement in job security.

 

In turn the provision of greater job satisfaction will be achieved by developing and increasing employees' overall skills while at the same time offering new and advanced employment opportunities.

 

(b)        Two important areas of operation are specifically excluded from the domain of the Consultative Committee.

 

Industrial relations issues will be processed via the normal disputes avoidance procedure.

 

Matters which by definition are the responsibility of the Occupational Health & Safety Committee will be referred to that committee.

 

(c)        The level of authority of the Consultative Committee is to give recommendations to Management.

 

(d)        One of the key objectives of this Award is to achieve a learning based culture and the parties undertake to remove all obstacles that prevent the achievement of this goal.

 

32.  Area, Incidence and Duration

 

32.1      This award shall apply to the employees of the AJC at Royal Randwick and Warwick Farm Racecourses within the jurisdiction of the Race Clubs Employees (State) Industrial Committee, and motor mechanics and dirt track employees.

 

32.2      This Award shall take precedence over any other award or agreement or understanding between the parties.

 

32.3      Subject to subclause 6.5, Table 2 in clause 37 and Table 2 in clause 42, this Award shall operate to the exclusion of the Race Club Employees (State) Award published 24 August 2001 (327 IG 95).

 

32.4      This award rescinds and replaces the Australian Jockey Club Track Maintenance and Ancillary Staff Award 2003 published 5 March 2004 (343 IG 503) as varied.

 

32.5      This award shall operate from the beginning of the first pay period on or after 26 August 2005 and shall remain in force for a period of two years and nine months.

 

PART B - ROYAL RANDWICK RACECOURSE

 

The following wages and conditions in Part B of this Award shall apply to employees employed principally to work at Royal Randwick Racecourse.

 

33.  Hours of Work and Rosters

 

33.1      All weekly employees will be rostered for 5 days of 8 hours in each week.  This includes 38 ordinary hours and 2 rostered overtime hours each week, payment for which is included in the aggregate wage.

 

33.2      Employees will be rostered for 8 hours duty per day on 5 days per week within the following span:

 

Monday

7.00am to 6.00pm

Tuesday

7.00am to 6.00pm

Wednesday

7.00am to 6.00pm

Thursday

7.00am to 6.00pm

Friday

7.00am to 6.00pm

Saturday

7.00am to 8.00pm

 

33.3      Subject to subclause 33.5 track crossing attendants and pool attendants may be required to commence their ordinary hours of work at 4.00am or later.

 

33.4      Pool attendants may be required to perform ordinary hours on any day of the week, provided that such hours on Sundays shall be paid at the Sunday overtime rate.  Pool Attendants may be required to perform 8 ordinary hours in split shifts of 4 hours each.

 

33.5      Where an employee is required to perform duties in preparation for early morning trackwork such as watering or general track crossing and his/her roster of ordinary hours has a starting time earlier than 4.00am he/she will be paid a shift allowance of 15%.

 

33.6      The Dirt track employees engaged in the operation of tractors and truck for the purposes of renovating and maintaining the dirt track training surfaces may be required to work eight ordinary hours between 4.00pm and 4.00am including split shifts.

 

33.7      The parties to this Award recognise that employees engaged on the night shift may reasonably request to transfer from the night shift roster to the day shift roster subject to the operational requirements of the AJC and a reasonable period of retraining.

 

33.8      Where starting times are staggered, there shall be at least one hour between such times.

 

33.9      A 10 minute paid rest period is taken at 11.50am to 12.00 midday.  Lunch will commence at midday and conclude at 12.45pm.

 

33.10    Employees working in the vicinity of their amenities shall be allowed sufficient working time, to get to and from their amenities prior to their break and at the cessation of their lunch break.

 

33.11    Employees working other than in the vicinity of their amenities shall be allowed a maximum of 5 minutes walking time to and from their amenities prior to their crib break and at the cessation of their lunch break.

 

33.12    Wash up time will be allowed 5 minutes prior to the normal finish time.  This allowance may be varied by management dependant upon the nature of the work performed.

 

33.13    Subclause 33.9 does not apply to trackhands who by agreement take a 30 minute lunch break instead of 55 minutes (10 minute rest period and 45 minute lunch break).  This is due to their 8.30am start and 4.50pm finish times.

 

33.14    By agreement between the club and an individual employee, the starting and finishing times may be varied provided that the daily limitation is not exceeded.

 

33.15    Time worked outside of the roster shall be paid as overtime.

 

33.16    Rosters will only be changed by 14 days notice, or mutual agreement between the club and the employee affected.

 

33.17    It is intended that each employee will be rostered to attend work for 26 Saturdays per year.  Where more than 26 Saturdays are rostered these shall be averaged out over a two year period to ensure all employees work an even number of Saturdays.

 

33.18    All parties to this agreement are committed to ensuring staffing levels or demands are met to ensure productivity levels are maintained.  As far as possible AJC employees who are AWU members will be used to meet any staffing or overtime requirements.

 

33.19    It is agreed between the parties that as a rule there will be no opportunity for employees to swap days or shifts.  However, employees may be permitted to do so on the following basis:

 

(a)        The swap of shifts is approved by the Racecourse Manager.

 

(b)        No entitlement or penalty for overtime is accrued by the relevant employees.

 

That is to say the swap occurs on a time off in lieu basis.

 

34.  Overtime and Sundays

 

34.1      Except as otherwise provided, all work outside of the hours provided by Clause 33, Hours of Work and Rosters, shall be overtime and paid for at the rate set out in Item 1 of Table 3 of clause 37 of this Award.

 

34.2      Work on raceday Sundays and non-raceday Sundays will be paid at the rates shown in Item 2 and Item 3 of Table 3 of clause 37 of this Award.

 

34.3      If there is a significant increase in Sunday racing dates, the matter will be subject to further negotiation between the parties to this award during the life of the award.

 

35.  Public Holidays

 

35.1      Employees other than casuals will be required to work on Public Holidays as part of his or her normal roster without penalty with the exception of Christmas Day and Good Friday.

 

35.2      An employee other than a casual required to work overtime on a Public Holiday shall be paid at the rate set out in Item 4 of Table 3 of clause 37 of Part B of this Award.

 

35.3      The days on which New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day, and any other days which may be proclaimed as public holidays for the State of New South Wales shall be holidays.

 

35.4      The first Monday in March of each year also shall be a holiday as the union picnic day unless another day off in lieu thereof is agreed between the AJC and an employee or the majority of employees.

 

35.5      Employees directed to report to work on a Sunday and not being required shall be paid a minimum of four hours at overtime rates.

 

36.  Day in Lieu Procedure

 

Any day in lieu accrued for working overtime on a public holiday must be taken within twelve months or it must be paid out.

 

On request of the employee any day in lieu may be paid out at the relevant rate at any time.

 

37.  Royal Randwick Racecourse Monetary Rates

 

37.1      Wages

 

The minimum rates of pay for any classification shall be set out in Table 1 Wages of this clause of this Award.

 

37.2      Aggregate Wage - Full-time Employees

 

(a)        The annual aggregate wage compensates for and includes ordinary hours, rostered overtime, penalties for Saturday work, overaward payments, service increment, industry allowance, power mower etc. allowance, tractor allowance, pesticides and weedicide allowance, horse handling allowance, clothing allowance and electronic funds transfer.

 

(b)        The following allowances and payments are not included in the aggregate wage and will be paid separately:

 

First Aid Allowance

Higher Duties Allowance

Annual Leave Loading

 

(c)        The clothing allowance will continue to be shown separately on Group Certificates.

 

(d)        The aggregate wages and allowances payable under this Award are set out in Table 1 of this clause.

 

(e)        The method of calculation of the aggregate rate and rules of pay are as follows:

 

(i)         The daily rate shall be calculated by dividing the weekly rate by 5;

 

(ii)        The hourly rate shall be calculated by dividing the daily rate by 8; and

 

(iii)       Such calculations shall be made to the nearest ten cents.

 

37.3      Juniors

 

Junior employees shall be paid an annual aggregate wage, which is the following percentages of the aggregate wage applying to an adult groundsperson:

 

At 18 years of age and under

60

At 19 years of age and under 20 years of age

80

At 20 years and under 21 years of age

100

 

37.4      Apprentices

 

(a)        The annual aggregate wage for four-year apprentices will be the following percentages of the sum of the aggregate wage for an adult groundsperson and the trade qualification allowance:

 

Year

Percentage

 

 

1st year

58.5%

2nd year

58.5%

3rd year

68.5%

4th year

78%

 

(b)        Subject to attendance at TAFE, apprentices will be rostered to work the same hours as other employees.

 

37.5      Allowances

 

(a)        First Aid Allowance

 

An employee appointed by the AJC to perform first-aid duties shall be paid a flat non compoundable allowance as set out in Item 1 of Table 2 of this clause in addition to the ordinary rate of pay.

 

(b)        Meal Allowance

 

(i)         An employee required to work overtime in excess of one hour, without being notified the day before of a requirement to work overtime, shall either be provided with a meal by the AJC or be paid the sum as set out in Item 2 of Table 2 of this clause and the same amount for each subsequent meal.

 

(ii)        If an employee, pursuant to notice, has provided a meal and is not required to work overtime, the employee shall be paid the amounts prescribed in subparagraph (i) of this sub-clause.

 

(c)        Night Shift Dirt Track Maintenance Allowance

 

(i)         A Level 1 employee who is engaged at night to perform dirt track maintenance shall be paid a weekly allowance set out in Item 3.1 of Table 2 of this clause for each week that they are on the roster.

 

(ii)        A Level 2 employee who is engaged at night to perform dirt track maintenance shall be paid a weekly allowance set out in Item 3.2 of Table 2 of this clause for each week that they are on the roster.

 

(iii)       A Level 3 or 4 employee who is engaged at night to perform dirt track maintenance shall not receive any such allowance for the performance of such work.

 

(iv)      Further, all employees engaged at night to perform dirt track maintenance shall receive a 15% night shift loading calculated on the daily rate of pay for each day that they are so engaged.

 

(d)        Clothing Allowance

 

A clothing allowance as set out in Item 4 of Table 2 of this clause will be paid to all employees as part of the annual aggregate rate.

 

Employee Using Trade qualifications

 

A level 3 or 4 employee who holds and uses trade qualifications relevant to the work being performed shall receive the weekly allowance in Item 5 of table 2 of this clause.

 

Table 1 - Wages

 

Aggregate Wage - Weekly Equivalent

Classification

Current Rate as

First full pay

First full pay

First full pay

 

at July 2005

period on or after

period on or after

period on or after

 

$ wk (hr)

26 August2005

26 August 2006

26 August 2007

 

$

$

$

$

Racecourse employee

880.00

912.30

944.60

976.90

Level 1

 

 

 

 

Racecourse employee

908.90

942.20

975.50

1,008.80

Level 2

 

 

 

 

Racecourse employee

933.10

967.30

1,001.50

1,035.70

Level 3

 

 

 

 

Racecourse employee

963.10

998.40

1,033.70

1,069.00

Level 4

 

 

 

 

 

Table 2 - Allowances

 

Item

Allowances

Current Rate

First full pay

First full pay

First full pay

 

 

 

period on or

period on or

period on or

 

 

 

after 26 August

after 26 August

after 26 August

 

 

 

2005

2006

2007

Item 1

First Aid

As per the Race

As per the Race

As per the Race

As per the Race

 

 

Club Employees

Club Employees

Club Employees

Club Employees

 

 

(State) Award

(State) Award

(State) Award

(State) Award

Item 2

Meal Allowance

As per the Race

As per the Race

As per the Race

As per the Race

 

 

Club Employees

Club Employees

Club Employees

Club Employees

 

 

(State) Award

(State) Award

(State) Award

(State) Award

Item 3.1

Night Shift Dirt

$ 53.10

$ 55.00

$ 56.90

$ 58.80

 

Track Maintenance

per week

per week

per week

per week

 

Allowance subclause

 

 

 

 

 

37.5(c)(i)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Item 3.2

Night Shift Dirt

$ 24.20

$ 25.10

$ 26.00

$ 26.90

 

Track Maintenance

per week

per week

per week

per week

 

Allowance

 

 

 

 

 

subclause 37.5(c)(ii)

 

 

 

 

Item 4

Clothing Allowance

$6.10

$ 6.10

$ 6.10

$ 6.10

 

 

per week

per week

per week

per week

Item 5

Employee Using

$28.90

$ 29.90

$ 30.90

$ 31.90

 

Trade Qualifications

 

 

 

 

Item 6

Night Racing

$54.10

$ 56.10

$ 58.10

$ 60.10

 

Allowance

per week

per week

per week

per week

 

subclause 22.3

 

 

 

 

 

Table 3 - Overtime

 

Level 1 - Rates

 

Item

Allowances

Current Rate

First full pay

First full pay

First full pay

 

 

 

period on or after

period on or after

period on or after

 

 

 

26 August2005

26 August2006

26 August 2007

 

 

$/hour

$/hour

$/hour

$/hour

Item 1

Overtime

21.8475

22.66

23.47

24.27

Item 2

Non Racedays

32.77125

33.99

35.20

36.41

 

Sundays

 

 

 

 

Item 3

Raceday Sundays

32.77125

33.99

35.20

36.41

Item 4

Public Holidays

21.8475

22.66

23.47

24.27

 

Level 2 - Rates

 

Item

Allowances

Current Rate

First full pay

First full pay

First full pay

 

 

 

period on or after

period on or after

period on or after

 

 

 

26 August 2005

26 August 2006

26 August 2007

 

 

$/hour

$/hour

$/hour

$/hour

Item 1

Overtime

22.57

23.41

24.24

25.07

Item 2

Non Racedays

33.855

35.11

36.36

37.61

 

Sundays

 

 

 

 

Item 3

Raceday

33.855

35.11

36.36

37.61

 

Sundays

 

 

 

 

Item 4

Public Holidays

22.57

23.41

24.24

25.07

 

Level 3 - Rates

 

Item

Allowances

Current Rate

First full pay

First full pay

First full pay

 

 

 

period on or after

period on or after

period on or after

 

 

 

26 August 2005

26 August 2006

26 August 2007

 

 

$/hour

$/hour

$/hour

$/hour

 

 

 

 

 

 

Item 1

Overtime

23.175

24.03

24.89

25.74

Item 2

Non Racedays

34.7625

36.05

37.33

38.61

 

Sundays

 

 

 

 

Item 3

Raceday

34.7625

36.05

37.33

38.61

 

Sundays

 

 

 

 

Item 4

Public Holidays

23.175

24.03

24.89

24.74

 

Level 4 - Rates

 

Item

Allowances

Current Rate

First full pay

First full pay

First full pay

 

 

 

period on or

period on or

period on or

 

 

 

after26 August

after26 August

After 26

 

 

 

2005

2006

August 2007

 

 

$/hour

$/hour

$/hour

$/hour

Item 1

Overtime

23.925

24.81

25.69

26.58

Item 2

Non Racedays Sundays

35.8875

37.22

38.54

39.86

Item 3

Raceday Sundays

35.8875

37.22

38.54

39.86

Item 4.

Public Holidays

23.9

24.81

25.69

26.58

 

PART C - WARWICK FARM RACECOURSE

 

The following wages and conditions in Part C of the Award shall apply to employees employed principally to work at Warwick Farm Racecourse.

 

38.  Hours of Work

 

38.1      Employees shall work an average of 38 ordinary hours per week over a 4-week period.  Subject to subclause 38.5 the spread of ordinary hours shall be 7.00am to 5.15pm with a limit of 8 hours at ordinary time.

 

38.2      Employees engaged prior to 1 January 1997 shall continue to work ordinary hours on any day Monday to Friday, unless otherwise agreed.

 

38.3      Employees engaged after 1 January 1997 may work their ordinary hours on no more than five days Monday to Saturday.

 

38.4      Where ordinary hours worked on Saturday form part of the weekly ordinary hours such hours shall be paid at penalty rates i.e. time and one half for the first two hours and double time thereafter.  Provided that sick pay shall be paid at ordinary singular rates for all days.

 

The Dirt track employees engaged in the operation of tractors and truck for the purposes of renovating and maintaining the dirt track training surfaces may be required to work eight ordinary hours between 4.00pm and 4.00am including split shifts.

 

The parties to this Award recognise that employees engaged on the night shift may reasonably request to transfer from the night shift roster to the day shift roster subject to the operational requirements of the AJC and a reasonable period of retraining.

 

38.5

 

(a)        Track crossing attendants shall have a starting time of no earlier than 4.00am.

 

(b)        New employees will be engaged on a spread of ordinary hours from 7.00am - 6.00pm.

 

(c)        Pool Attendants may be required to perform 8 ordinary hours in split shifts of 4 hours each.

 

38.6 Night Shift Dirt Track Maintenance Allowance

 

(i)         A Level 1 employee who is engaged at night to perform dirt track maintenance shall be paid a weekly allowance set out in Item 3.1 of Table 2 of this clause for each week that they are on the roster.

 

(ii)        A Level 2 employee who is engaged at night to perform dirt track maintenance shall be paid a weekly allowance set out in Item 3.2 of Table 2 of this clause for each week that they are on the roster.

 

(iii)       A Level 3 or 4 employee who is engaged at night to perform dirt track maintenance shall not receive any such allowance for the performance of such work.

 

(iv)       Further, all employees engaged at night to perform dirt track maintenance shall receive a 15% night shift loading calculated on the daily rate of pay for each day that they are so engaged.

 

39.  Rostered Day Off - Banking

 

No more than five RDO’s are to be banked as determined by the Manager - Racecourses.  These days will be taken at times of mutual agreement provided that they are not to be taken within two weeks preceding a major carnival period.  If a dispute arises on the taking of the leave then the dispute procedure is to be followed.

 

40.  Overtime

 

40.1      All hours outside the spread of ordinary hours prescribed by clause 38 shall be paid for at the rate of time and a half for the first two hours and double time thereafter.

 

40.2      All overtime worked on Saturdays shall be paid for at the rate of ordinary time and a half for the first two hours and ordinary double time thereafter.

 

40.3      All work on Sunday shall be paid for at the rate of double time.

 

41.  Public Holiday Work

 

Any work performed on a public holiday as prescribed by the award will be paid at the rate of double time and a half in addition to the ordinary rate.

 

42.  Warwick Farm Monetary Rates

 

42.1      Employees will be paid a weekly wage as set out in Table 1 below which includes compensation for:

 

ordinary hours

over-award payments

clothing allowance

service increment

industry allowance

seythe or power mower allowance

tractor allowance

front end loader

pesticide, weedicide poisonous spray allowance

horse handling allowance

 

Table 1

 

Aggregate Wage - Weekly Equivalent

Classification

Current Rate as

First full pay

First full pay

First full pay

 

at July 2005

period on or after

period on or after

period on or after

 

$ wk (hr)

26 August 2005

26 August2006

26 August2007

Racecourse employee

 

695.40

 

 

 

Level 1

+ clothing

(6.10)

$727.20

$752.90

$778.70

Racecourse employee

 

722.10

 

 

 

Level 2

+ clothing

(6.10)

$754.90

$781.60

$808.30

 

 

$728.20

 

 

 

Racecourse employee

 

749.50

 

 

 

Level 3

+ clothing

(6.10)

$783.30

$811.00

$838.70

 

 

$755.60

 

 

 

Racecourse employee

 

763.10

 

 

 

Level 4

+ clothing 

(6.10)

$797.40

$826.60

$853.80

 

 

$769.20

 

 

 

 

42.2      The clothing allowance is included in the weekly wages shown in table 1 above but will be shown separately on employee payslips.

 

42.3      The first aid allowance is not included in the aggregate wage and will be paid separately as follows:

 

Table 2

 

Item

Allowances

Current Rate

First full pay

First full pay

First full pay

 

 

 

period on or after

period on or after

period on or after

 

 

 

26 August 2005

26 August 2006

26 August2007

 

 

 

 

 

 

 

 

 

 

 

 

Item 1

First Aid

$As per the

As per the Race

As per the Race

As per the Race

 

 

Race Club

Club Employees

Club Employees

Club

 

 

Employees

(State) Award

(State) Award

Employees

 

 

(State)

 

 

(State) Award

 

 

Award

 

 

 

 

 

 

M. SCHMIDT  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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