Australian
Jockey Club Hospitality Employees Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian
Federation of Employers and Industries, Industrial Organisation of
Employers and State Peak Council.
(No. IRC 509 of 2008)
|
Before Commissioner
Murphy
|
28 April 2008
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Statement
of Intent
3. AJC
Convention and Exhibition Centre Classification Structure
4. Wage Rates
5. Hours of
Minimum Engagement
6. Overtime
7. Labour
Flexibility
8. Meals and
Rest Periods
9. Terms of
Employment
10. Postponement
11. Public
Holidays
12. Time and
Wages Book or Sheet
13. Payment of
Wages
14. Right of
Entry of Union Officials
15. Posting of
Agreement
16. Occupational
Health and Safety
17. Uniforms
18. Equal
Employment Opportunity
19. Mixed
Functions
20. Grievance
Procedure
21. Training
22.. Fares and
Parking
23. Anti-Discrimination
24. Area,
Incidence and Duration
25. Leave
Reserved and No Extra Claims
PART A
PART B - MONETARY
RATES
2. Statement of
Intent
(i) This award has
been designed to facilitate the smooth establishment and ongoing organisational
development of the Australian Jockey Club (AJC).
(ii) The parties to
this award 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 and competitor service
organisations on a cost-effective basis.
(b) The creation and
maintenance of a harmonious employee relations environment which is typified by
consultation and participation with employees and the Union 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 and
progress through a career path 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 internal demarcation are eliminated
where such work falls within the employees level of skills and training.
(e) To maintain the
highest standard in quality and consistency for food and food service,
attending to all guest requirements, ensuring the guest receives professional,
courteous and efficient service in accordance with the AJC’s general
competencies, set service standards and procedures.
3. AJC Convention and
Exhibition Centre Classification Structure
(i) The following
classification structure shall apply:
(a) Grade 1 is an
employee who is:
(1) undertaking up
to three months or six engagements (whichever is the greater) on-the-job
training so as to enable the employee to be employed as a Grade 2 employee; or
(2) providing
general assistance to employees of a higher grade, not including cooking or
direct service to customers, and is primarily engaged in one or more of the
following:
- assembly and
preparation of ingredients for cooking;
- cleaning and
tidying of associated areas;
- handling pantry
items;
- room set-up
including dressing tables;
- directing
guests to parking areas;
- setting and/or
wiping down tables, removing food plates, emptying ashtrays and picking up glasses
and the cleaning of equipment, general utensils, crockery and glasses;
- general
cleaning and labouring tasks;
- receiving,
storing and distributing goods not involving the extensive use of documents and
records (runner);
- shop days,
which shall mean days of employment in preparatory or cleaning up work at the
AJC or at the site of the job.
- taking orders
by telephone or whilst stationed at a fixed ordering point
(b) Grade 2 is an
employee who in addition to the duties of Grade 1 is primarily engaged in one
or more of the following:
- heating
pre-prepared meals and/or preparing and/or serving simple food items such as
sandwiches, salads, toasted foodstuffs, carvery and barbeque;
- undertaking
general waiting duties of both food and or beverages, including cleaning of
restaurant equipment, clearing tables, taking customers orders at a table and
serving food and/or beverages to tables;
- cleaning,
tidying and setting up of kitchen, food preparation, wash-up and customer
service areas, including the cleaning of equipment, crockery, pantry and pot
wash and general utensils, and involving the use of specialised cleaning
equipment and/or chemicals;
- service from a
snack bar, buffet or meal counter;
- receipt of
monies, giving change, operation of cash registers, and use of electronic swipe
input devices;
- driving a motor
vehicle requiring the holding of a NSW class 1A licence;
- greeting and
seating guests under general supervision;
- supplying,
dispensing or mixing of liquor including the sale of liquor, cleaning of bar
areas and equipment, preparing the bar for service, taking orders and serving
drinks and assisting in the cellar;
- attending the
cloakroom;
- laundry and
specialised cleaning duties involving the use of specialised cleaning equipment
and/or chemicals;
- supervising
food and beverage attendants of a lower grade.
- Responsible
Service of Alcohol Monitor shall mean a Grade 2 employee who is engaged in
watching and observing crowd behaviour, checking ‘I.D’ and communicating with
patrons on RSA requirements, as well as liaising with Security and Beverage
staff to ensure all in house RSA guidelines are adhered to.
- Barista shall
mean a Grade 2 employee who is engaged in the specialised
use of coffee espresso machines.
- Forklift Driver
shall mean a Grade 2 employee who is engaged to operate a forklift. All
Forklift Drivers must hold a current NSW Forklift Licence and be familiar with
the AJC’s standard operating procedures.
(c) Grade 3 is an
employee who in addition to the duties of Grade 2 is primarily engaged in one
or more of the following:
- preparing and
cooking a limited range of basic food items such as breakfasts, grills and
snacks;
- waiting duties
of food and/or beverages, including providing assistance in choosing the meal
and wines by providing detailed information when required of each item listed
on menus, advising customers on the appropriate choices of wine and providing
information of wine types and all items on the wine list, taking customer
orders, serving food and/or beverages, supervises or undertakes the clearing of
tables after and during meals, receipt of monies, taking reservations, greeting
and seating guests;
- preparing and
serving a range of drinks, including blended and other cocktails;
- receiving,
storing and distributing goods including use of documents and records not
involving the control of the store or cellar;
- providing basic
instruction and on the job training on a one to one basis to employees of a
lower grade;
- supervision of
food and beverage attendants of a lower grade;
- cashier;
- kitchen
attendant Grade 3 shall mean an employee who is engaged in specialised
non-cooking duties in kitchen or food preparation area, or supervision of
kitchen attendants.
(d) Grade 4 is an
employee who is primarily engaged in one or more of the following:
- undertaking
general cooking items, including a la carte cooking, baking, pastry cooking or
butchery;
- full control of
a cellar and/or store including stock control and ordering;
- food and beverage
supervisor shall mean an employee who has the appropriate supervisory course,
and who has the responsibility for supervision, training and co-ordination of
food and beverage staff, and/or stock control for a bar or series of bars;
- kitchen attendant
Grade 4 shall mean an employee who has the appropriate supervisory course, and
has the responsibility for the supervision, training and co-ordination of
kitchen attendants of a lower grade.
- Progression to
this level is not automatic on gaining the relevant qualification. It is
subject to the availability of a position and the operational needs of the
business.
(e) Grade 5 is an
employee who has completed an apprenticeship or who has passed the appropriate
trade test and who is engaged in any of the following:
- undertaking
cooking, baking or pastry cooking duties;
- undertaking
general and specialised waiting duties in a restaurant;
- other trade
work as appropriate to an employees trade.
(ii) The AJC may
require the employee to provide proof of any previous service or a trade
certificate at the time of commencing employment. Where it is established that the employee failed to disclose that
information when required to do so such service or qualification shall not be
taken into account when assessing any later claim on the AJC.
(iii) The above
grades cover all food and beverage employees working at the AJC, but not
managerial staff whose principal functions are not described in the grade
descriptions. Where an employee’s duties are not mentioned within these
classifications the employee shall be classified in a grade which, by reference
to the grading descriptors, most closely reflects the skills and
responsibilities of the job.
4. Wage Rates
(a) The hourly wage
rates shall be those prescribed in Table 1 of Part B, Monetary Rates of this
award. These hourly wage rates include
compensation for the provision of uniforms and pro rata annual leave.
5. Hours and Minimum
Engagement
(i) All employees
engaged by the AJC prior to 9th April 2001, shall be paid for a minimum of 4
hours for each engagement except for existing food employees working at:-
(a) Weekend race
meetings at Randwick and Warwick Farm Racecourses - a minimum of 6 hours shall
be paid.
(b) Mid-week and
twilight race meetings at Warwick Farm Racecourse - a minimum of 4.5 hours
shall be paid.
(c) Mid-week race
meetings at Randwick Racecourse - a minimum of 5 hours shall be paid.
(ii) For the
purposes of this award, an existing food employee means an employee who worked
for the AJC on at least eight engagements in the twelve months prior to 28
January 1998 and who is not engaged as a bar attendant or to pick up glasses.
(iii) For employees
engaged after 9th April 2001 a minimum of three hours per engagement shall
apply.
(iv) Subject to the
minimum hours requirement of this clause, finishing times are indicative only
and may vary at management discretion according to customer activity
levels. For employees engaged before
the operation of this Award this subclause will only apply by mutual agreement.
6. Overtime
All work in excess of ten hours per engagement on Monday to
Saturday shall be paid at the rate payable for work on a Sunday.
7. Labour Flexibility
(i) For the purpose
of increasing productivity and efficiency employees shall:
(a) perform all work
within the grade in which they are employed and that of lower grades;
(b) perform all work
which is incidental to their main task(s) or function(s);
(c) not impose or
enforce demarcation barriers between food and beverage tasks they are required
to perform;
(d) perform work at
any work station as required by the AJC.
Provided that the work required to be performed is in the
scope of the employee’s skills and competence.
8. Meals and Rest
Periods
(i) An employee who
is required to work more than four and a half hours will be allowed a 30 minute
paid meal break and be provided with a meal of a substantial nature.
(ii) Employees who
do not qualify for a meal break under subclause (i) shall, where practicable be
allowed one rest period of ten (10) minutes duration which shall be counted as
time worked.
(iii) At the
conclusion of their shift staff are entitled to one non-alcoholic drink to be
consumed on course. The practice of the
AJC supplying alcoholic drinks to staff covered by the terms of this award was
discontinued effective from 9 April, 2001.
9. Terms of
Employment
(i) An employee
shall be advised by the AJC prior to the commencement of duty of the time he or
she will be required to commence duty.
(ii) Subject to the
provision of the postponement conditions of Clause 10 any employee if so
directed by the AJC to report for duty shall, if the employee so attends, be
paid from that time whether work is ready to be commenced or not.
(iii) Upon
engagement an employee shall be informed by the AJC of the basis and nature of
engagement, and the AJC shall record same on the time and pay sheets.
10. Postponement
(i) Except as set
out below, an employee who is engaged to attend and attends a meeting or
function which is postponed or cancelled after the employee’s nominated
starting time, and the employee has commenced work, the employee shall be paid
a minimum of four hours or hours worked in excess of four hours.
(ii) If notice of
postponement or cancellation of the meeting or function is broadcast or
published by radio or press two hours or more before the employee’s rostered
starting time the employee shall not be paid.
(iii) Except where
notice has been given in accordance with paragraph (ii), if the employee
attends work but the meeting is postponed or cancelled prior to the employee’s
nominated starting time the employee shall be paid for two hours.
(iv) Where the race
meeting has been cancelled or postponed and in lieu thereof a phantom fixture
is conducted, employees not required for duty for the purpose of the phantom
race meeting are to have their entitlements determined in accordance with the
provisions of this clause.
11. Public Holidays
(i) Holidays shall
mean New Years Day, Australia Day, the third Monday in February, Good Friday,
Easter Saturday, Easter Monday, Queens Birthday, Eight Hour Day, Anzac Day,
Christmas Day, Boxing Day, or such other day as is generally observed in the
locality as a substitute for any of the said days respectively.
(ii) Where an
additional public holiday is proclaimed or gazetted by the authority of the
State Government and such proclaimed or gazetted holiday is to be observed
generally by persons throughout the State, or when such a proclaimed or
gazetted day is, by any required judicial or administrative order, to be so
observed, then such day shall be deemed to be a holiday for the purposes of the
award.
12. Time and Wages
Book Or Sheet
The AJC shall keep a time and wages book or sheet showing
the number of hours worked each day by each employee and the rate of payment
made to such employees, such book or sheet shall be open for inspection by an
accredited official of the union at all reasonable times.
13. Payment of Wages
(i) If not paid
before, wages shall be paid on a weekly basis, within three working days from
the end of the pay period, by electronic funds transfer to an employee’s
nominated bank or other financial institution.
The normal pay period will run from Tuesday to Monday. Compensation for
any cost to employees associated with such transfer is included in the hourly
rate. It is agreed that the AJC may during the life of this Award introduce an
electronic or computerised time and attendance system to complement the
existing computerised rostering system. Further, from the 1st July 2009 the AJC
may elect to pay wages fortnightly (eg every second Thursday) with the giving
of three (3) months notice.
(ii) 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.
(iii) Where salary
sacrifice contributions are to be made on behalf of an employee to the Asset
Superannuation Plan, the wage rates prescribed by Table 1 (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 Asset Superannuation Plan. As a consequence, the employees taxable
salary shall equal the relevant wage rate less the salary sacrifice
contribution (if any).
14. Right of Entry of
Union Officials
The Secretary or an accredited officer of the union shall
have the right to enter the premises of the AJC at any time for the purpose of
interviewing members of the union but shall not without reasonable cause enter
behind a bar or service counter and shall not unduly disrupt work or services.
15. Posting of Award
A copy of this award shall be posted in a conspicuous
position at the working premises by the AJC.
16. Occupational
Health and Safety
(i) 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.
(ii) The AJC is
responsible for taking all reasonable and practicable action to achieve and
maintain a performance level which safeguards the health and safety of all
employees in accordance with the Occupational Health and Safety Act 2000.
(iii) 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; and
(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 and equipment issued and specified for the job.
(iv) 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:
(a) provide
information, instructions and training of employees to increase personal understanding
of safe work practices, workplace hazards and principles of hazard control; and
(b) maintain a close
relationship with employees, the Union and regulatory authorities in the
development and implementation of standards and future strategies.
(v) The occupational
health and safety committee shall be convened subject to the provisions of the
regulations of the Occupational Health and Safety Act 2000 and shall
meet at intervals not less frequent than specified in the regulations.
(vi) First aid kits
and safe flooring shall be provided.
17. Uniforms
Where special uniforms other than traditional black and
white dress are required to be worn they shall be supplied by the AJC and shall
be and remain the property of the AJC.
18. Equal Employment
Opportunity
The AJC is committed to providing a workplace based on Equal
Employment Opportunity and free of sexual harassment.
19. Mixed Functions
An employee engaged for more than two hours during one day
or shift on duties carrying a higher rate than his or her ordinary
classification, shall be paid the higher rate for such day or shift. If engaged for two hours or less during one
day or shift, he or she shall be paid the higher rate for the time so worked.
20. Grievance
Procedure
Any dispute or grievances between the AJC and its employees
or any of them shall be settled in accordance with the procedures set out
below.
(i) Any grievance,
claim or dispute which arises shall, where possible, be settled by discussion
on the job between the employee and the management,
(ii) If the matter
is not resolved at this level, the matter will be further discussed between the
affected employee, the union delegate and the management,
(iii) If no
agreement is reached, the relevant union organiser and delegate will discuss
the matter with representatives of the AJC.
(iv) Should the
matter still not be resolved the following procedure will be followed:
(a) a joint
discussion shall be held between representatives of the AJC and officials of
the union,
(b) if the matters
are not finalised they shall be referred to the Industrial Relations Commission
of NSW.
(v) Whilst the
foregoing procedure is being followed work shall continue normally without any
bans or limitations. Where it is agreed
that there is an existing custom, work shall continue in accordance with the
direction of the AJC. No party shall be
prejudiced as to the final settlement by the continuance of work in accordance
with this subclause.
21. Training
(i) The AJC is
committed to develop and offer training to employees to enable them to
undertake a wider range of tasks and proceed through a career path and to carry
out their duties in accordance with the best practice in the hospitality
industry.
(ii) To achieve
this aim the AJC will offer structured training to employees on an equitable
basis so that employees of all work levels have a fair opportunity to
participate. Employees undergoing such
training will be paid for attendance at training, provided that, where product
familiarisation meetings and the like are held management may allow employees
not directly affected to attend without liability to payment.
Employees attending induction or orientation prior to
or upon commencement of employment or employees identified as requiring
training may be required to attend up to four (4) hours training per annum
without pay.
Employees who elect to attend non-compulsory training
and development activities shall not receive payment for time spent at such
activities.
(iii) The club will
not unreasonably refuse a request by an employee for training and in
determining training priorities will give preference to training requested by
an employee for skills specified at that employee’s current level and/or the
next higher level.
(iv) The minimum
engagement for attendance at training will be two hours. This minimum does not
apply where the training is rostered in conjunction with a ‘regular’ shift.
22. Fares and Parking
(i) An allowance of
$10.00 per race meeting shall be paid to employees who are engaged to work at
Warwick Farm Racecourse.
(ii) Employees
shall be entitled to free parking for their vehicle when attending for work at
a racecourse.
23.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and responsibilities
as a carer.
(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 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.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimize an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(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) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by 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."
24. Area, Incidence
and Duration
(i) This award
applies to persons employed on an hourly basis as casual employees by the
Australian Jockey Club in the classifications prescribed in this award in or in
connection with the provisions of food, beverage and related hospitality
services for AJC race meetings, functions or other events.
(ii) It shall
supersede and be in substitution for all previous awards, agreements and orders
relating to the employment of persons covered by the award, but no right,
obligation or liability accrued or incurred thereunder shall be thereby
affected.
(iii) This award
rescinds and replaces the Australian Jockey Club Hospitality Employees Award
2004 published 8 April 2005 (349 I.G. 1014). It shall take effect on and from
28 April 2008 force for a period of three (3) years.
25. Leave Reserved
and No Extra Claims
(i) Subject to
sub-clause (ii) below, it is a term of this Award that the union undertakes
that for the life of this Award it will not pursue any extra claims, award or
overaward. In the case of state wage
case adjustments the union undertakes not to make application for any increases
as a result of state wage case adjustments.
(ii) Leave is
reserved for the union to make any application to vary the award to increase
the Fares Allowance.
PART A
(i) The rates of
pay in this award have been loaded to compensate employees for the casual
nature of the work, weekend and holiday penalties and benefits otherwise
available to full time employees including annual leave, sick leave,
bereavement leave, etc.
(ii) The hourly
rates in this award are based upon a 38 hour week.
PART B
MONETARY RATES
Table 1
Effective
from 28 April 2008 (4% increase)
|
Grade
|
Monday to
Saturday
|
Sunday
|
Public Holidays
|
|
|
New
|
Old
|
Increase
|
New
|
Old
|
Increase
|
New
|
Old
|
Increase
|
|
|
Rate
|
Rate
|
|
Rate
|
Rate
|
|
Rate
|
Rate
|
|
|
|
$
|
$
|
|
$
|
$
|
|
$
|
$
|
|
|
1
|
19.69
|
18.93
|
0.76
|
26.10
|
25.10
|
1.00
|
33.80
|
32.50
|
1.30
|
|
2
|
20.50
|
19.71
|
0.79
|
26.85
|
25.82
|
1.03
|
35.43
|
34.07
|
1.36
|
|
3
|
22.39
|
21.53
|
0.86
|
29.00
|
27.88
|
1.12
|
37.45
|
36.01
|
1.44
|
|
4
|
24.17
|
23.24
|
0.93
|
31.01
|
29.82
|
1.19
|
39.07
|
37.57
|
1.50
|
|
5
|
25.80
|
24.81
|
0.99
|
31.80
|
30.58
|
1.22
|
41.84
|
40.23
|
1.61
|
2009 (4% Increase) Effective after 28 April 2009
|
Grade
|
Monday to Saturday
|
Sunday
|
Public Holidays
|
|
|
New
|
Old
|
Increase
|
New
|
Old
|
Increase
|
New
|
Old
|
Increase
|
|
|
Rate
|
Rate
|
|
Rate
|
Rate
|
|
Rate
|
Rate
|
|
|
|
$
|
$
|
|
$
|
$
|
|
$
|
$
|
|
|
1
|
20.48
|
19.69
|
0.79
|
27.14
|
26.10
|
1.04
|
35.15
|
33.80
|
1.35
|
|
2
|
21.32
|
20.50
|
0.82
|
27.92
|
26.85
|
1.07
|
36.85
|
35.43
|
1.42
|
|
3
|
23.29
|
22.39
|
0.90
|
30.16
|
29.00
|
1.16
|
38.95
|
37.45
|
1.50
|
|
4
|
25.14
|
24.17
|
0.97
|
32.25
|
31.01
|
1.24
|
40.63
|
39.07
|
1.56
|
|
5
|
26.83
|
25.80
|
1.03
|
33.07
|
31.80
|
1.27
|
43.51
|
41.84
|
1.67
|
2010 (4% Increase) Effective after 28 April 2010
|
Grade
|
Monday to Saturday
|
Sunday
|
Public Holidays
|
|
|
New
|
Old
|
Increase
|
New
|
Old
|
Increase
|
New
|
Old
|
Increase
|
|
|
Rate
|
Rate
|
|
Rate
|
Rate
|
|
Rate
|
Rate
|
|
|
|
$
|
$
|
|
$
|
$
|
|
$
|
$
|
|
|
1
|
21.29
|
20.47
|
0.82
|
28.23
|
27.15
|
1.09
|
36.56
|
35.15
|
1.41
|
|
2
|
22.17
|
21.32
|
0.85
|
29.04
|
27.93
|
1.12
|
38.32
|
36.85
|
1.47
|
|
3
|
24.22
|
23.29
|
0.93
|
31.37
|
30.16
|
1.21
|
40.51
|
38.95
|
1.56
|
|
4
|
26.15
|
25.14
|
1.01
|
33.54
|
32.25
|
1.29
|
42.27
|
40.64
|
1.63
|
|
5
|
27.90
|
26.83
|
1.07
|
34.40
|
33.08
|
1.32
|
45.25
|
43.51
|
1.74
|
J.
P. MURPHY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.