Club Managers' (State) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 1678 of 2008)
Before Commissioner
Ritchie
|
2 December 2008
|
REVIEWED
AWARD
1. Award Title
This award shall be known as the Club Managers (State) Award
2008.
2. Arrangement
PART A
This award is arranged as follows:
Clause No. Subject Matter
34. Accommodation
25. Annual
Leave
12. Anti-Discrimination
and Harassment
2. Arrangement
3. Area,
Incidence and Duration
1. Award
Title
29. Bereavement
Leave
9. Classifications
and Wage Rates
5. Definitions
6. Duties and
Responsibilities
32. Emergency
Service Leave (SES/RFS)
8. Enterprise
Flexibility Provisions
7. Exemptions
16. Expenses
42. Further
Negotiations
39. Grievance
and Dispute Procedure
18. Higher
Duties Allowance
19. Hours of
Work
33. Jury
service
26. Long
Service Leave
10. Management
Trainees
20. Meal Break
and Allowance
4. No Extra
Claims
17. Motor
Vehicle Allowance
22. Overtime
29A. Parental
Leave
13. Payment of
Salaries
28. Personal/Carer's
Leave
30. Professional
Development Leave
24. Public
Holidays
11. Part-time
Employees
23. Recall to
Duty
40. Redundancy
31. Reserve Forces
Leave
15. Rights of
Entry of Association Officials
21. Rostered
Days Off
27. Sick Leave
41. Structural
Efficiency
37. Superannuation
38. Termination
of Employment
14. Times and
Salaries Record
35. Uniforms
36. Workers'
Compensation Insurance and Payments
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
Appendix A - Training requirements
3. Area, Incidence
and Duration
3.1 It shall apply
to all persons employed as Managers within clubs and Management Trainees, within
the State of New South Wales, excluding the County of Yancowinna.
3.2 This award is
made following a review under section 19 of the Industrial Relations Act
1996 and rescinds and replaces the Club Managers' (State) Award 2006 published
24 February 2006 (357 I.G. 501).
3.3 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 2 December 2008.
3.4 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
4. No Extra Claims
The parties agree that there shall be no further claims in
relation to issues covered by the award, for the duration of this award, except
as to agreed matters allowed by the Industrial Relations Act 1996 or in
accordance with the State Wage Case Principle.
5. Definitions
5.1 Association
shall mean the Club Managers’ Association.
5.2 Club or employer
shall mean any Club registered under the provisions of the Registered Clubs
Act 1976. Or is a Club that amalgamates with a Registered Club.
5.3 CMDA shall mean
Club Management Development Australia.
5.4 Continuous
service
5.4.1 In calculating an
employee’s continuous service, the only absences counted as time worked are the
following:
(a) up to 160
ordinary working hours in a twelve month period because of sickness or
accident; (or proportionally less for a part-time employee);
(b) long service
leave that an employee takes under the Long Service Leave Act (NSW)
1955;
(c) annual leave;
and
(d) any absence
covered by workers compensation legislation.
5.4.2 The following events
do not break an employee’s continuous service:
(a) sick leave;
(b) non paid leave
as the result of an accident of a reasonable duration;
(c) leave lawfully
granted by the employer; or
(d) absence for a
reasonable cause. (The employee must prove that the absence was reasonable).
5.4.3 Where employees
are temporarily stood down through no fault of their own, service is not to be
considered to be broken.
5.4.4 Any other absence
from work does not break continuity of service unless the employer notifies the
employee, in writing, within fourteen days of the employee returning to work
after the absence. If an individual employee is absent, the employer must tell
that employee by:
(a) giving the
notice to him or her personally; or
(b) posting the
notice to his or her last known address.
5.4.5 If a number of
employees are absent because of collective action, continuity of employment
will not be effected unless the employer gives advice by placing a notice in
the place where the employer normally places general notices to employees that
such continued action may affect the continuity of employment. The employer
must also send a copy of the notice to the Association on the same day.
5.4.6 Continuous
service is not affected if the employer breaks or ends the employee’s service
in order to avoid the employer’s obligations in respect of leave.
5.5 Employee shall
mean any Manager (by whatever title), or Trainee Manager employed by the Club.
5.6 Gender - Words imparting
the masculine gender also include the feminine gender, and unless the context
otherwise indicates or requires words imparting the singular also include the
plural and vice versa.
5.7 Gross annual
revenue shall mean gross receipts from bar, dining areas, green fee and other
miscellaneous income and net income from poker machines less any licence fee
paid.
5.8 Management
trainee shall mean an employee appointed as such by the Club’s Board of
Directors or Committee of Management or by a person, including the Club
Manager, authorised to make such appointment, and engaged in management
training subject to the provisions of 10.3 - Management trainee rates.
5.9 CLUBS NSW shall
mean the trading name of The Registered Clubs Association of New South Wales.
5.10 Secretary/Manager,
Club Manager, Manager, General Manager, Chief Executive Officer (which
classifications are in this award collectively referred to as the Club Manager)
shall mean an employee who is appointed by the club's Board of Directors or
Committee of Management, or the governing body’s duly appointed representative,
to undertake the duties of the general management, promotion and supervision of
the Club's activities, functions and business and the direction, supervision
and control of all other staff employed therein, and without limiting the
generality of the foregoing shall unless otherwise directed by the Board,
include any but not necessarily all of the areas cover in Clause 6. of this
award.
6. Duties and
Responsibilities
Standard of Conduct
6.1 Policy
6.1.1 Club Managers as
defined in clause 5.10 are expected to achieve and maintain a high standard of
work performance in order to set an example for other Club employees and ensure
the confidence of Club members and their elected representatives on the Club’s
governing management committee.
6.2 Practice
6.2.1 Managers should
perform their duties with professionalism and integrity by providing
operational information to the Club’s Board of Directors, in a timely manner.
6.2.2 All Managers
shall be responsible for the administration and implementation of Club policies
on a day-to-day basis. Club polices are as determined by the Club’s Board of
Directors.
6.2.3 If a manager
finds that they have some personal, financial or other involvement which may
lead to a conflict of interest they shall discuss the matter with the Club’s
Board of Directors or the duly appointed representative of the Board.
6.3 Managers shall
be required to dress appropriately for the duties they perform and in
accordance with the policy and culture of the Club.
6.4 Administration
6.4.1 Policy
The implementation of Club policy as laid down by the
Board of Directors;
The implementation of Board of Directors’ instructions;
Reporting to the Board of Directors, including a
written report to the Board, on the running of the Club since the last monthly
report was written;
Recommending courses of action to Board of Directors.
Prepare and maintain a Club "Business Plan"
in consultation with the Board of Directors or delegated executive members of
the Board
6.4.2 Secretarial
Organisation and control of office staff activities;
Supervision of wages preparation, and verification in
accordance with industrial instruments and awards, where necessary, of
employee's entitlements;
Supervision of preparation of up-to-date membership
lists and registers;
Preparation of statutory returns relating to:
poker machines;
financial performance;
taxation;
licensing requirements.
maintenance of proper records, including preparation of
accurate minutes.
6.4.3 Legal
Interpretation and application of the relevant Statutes
and Acts of parliament and regulations made thereunder, in so far as each of
these affects the Club, including but not limited to the regulation of the
following issues:
Industrial Relations;
Corporations and Associations;
Taxation;
Trade Practices;
Liquor, Gaming and Food;
Workplace Health and Safety;
Discrimination;
Accommodation;
Security;
Registered Clubs.
6.4.4 Accounting
Supervision of accounting procedures, and where
appropriate, preparation of accounts, and accounting procedures and maintenance
(in conjunction with the Finance Manager or Club Accountant where applicable);
Preparation of annual accounts and annual reports;
Interpretation of financial results;
Preparation of budgets and the Office of Racing and
Gaming returns.
6.4.5 Personnel/Human
Resources
Establish, procedures and policies in relation to
matters pertaining to positive employment practises;
Delegation of authority and responsibility to staff;
Explanation to, and general supervision of duties of
subordinate managerial staff members;
The engagement of staff, except where the Board
reserves the right to make the appointment, and the termination of staff in
appropriate circumstances;
Interpretation and application of the relevant Statutes
and Acts of parliament and regulations made thereunder, in so far as each of
these affects the Club, including but not limited to the regulation of the
following issues:
Industrial Relations;
Income
Taxation;
Occupational
Superannuation;
Vocational
Education and Training;
Affirmative
Action;
Discrimination;
Workplace
Health and Safety;
Annual and
Long Service Leave;
Workers
Compensation;
Negotiations
with staff and/or unions, and problem resolution;
Training
and development of staff;
Staff
motivation (otherwise than by over-award payments and/or conditions, without
prior Board approval);
Maintenance
of effective employer/employee relations.
6.4.6 Bar operations
Responsibility for supervision of activities of Bar
staff (in conjunction with the Beverage Manager, where applicable);
Supervision of liquor purchasing;
Supervision of stock control procedures;
Supervision of security of bar areas;
Responsibility for security of cash takings;
General control of effective and economical staff
rostering;
Analysis and interpretation of bar trading results;
Responsibility for hygiene in bar areas; and
Responsibility for standard of liquor service.
Implementation of Responsible Service of Alcohol
practices and procedures
6.4.7 Catering
operations
Responsibility for supervision of activities of
catering staff (in conjunction with the Catering Manager or Head Chef, where
applicable);
Menu
planning;
Dish
costing;
Food
preparation;
Food
service techniques; and
Billing
procedures.
Responsibility
for supervision of food purchasing;
Responsibility
for supervision of stock control procedures;
Responsibility
for security of cash takings;
General
control of effective and economical staff rostering;
Analysis
and interpretation of food trading results;
Responsibility
for hygiene in food service areas; and
Maintenance
of up-to-date knowledge of new products, services and equipment.
6.4.8 Poker machine/
Gaming operations
Responsibility for supervision of activities of poker
machine/gaming staff (in conjunction with the Gaming Manager, where applicable);
Maintaining up-to-date knowledge of models and their
operations;
Make recommendations to the Board of Directors about
gaming machine upgrades and replacements;
Arranging for maintenance and repairs;
Compilation of returns to statutory authorities;
Prevention of frauds;
Responsibility for supervision of cash takings
procedures; and
Analysis and interpretation of trading results.
Responsibility for all other forms of gaming within the
Club, including but not limited to; TAB facilities and Keno.
Implementation of practice and procedures for the
Responsible Conduct of Gaming.
6.4.9 Premises
operations
Responsibility for supervision, upkeep and maintenance
of Club property, buildings and capital equipment in all Club areas (in
conjunction with the Maintenance Manager, where applicable);
Responsibility for supervising cleaning operations in
all Club areas;
Responsibility for checking of need and arranging for
maintenance and repairs;
Responsibility for arranging for overall Club major
maintenance and repairs, in accordance with expressed policy of the Board;
Planning and coordinating of activities in connection
with renovations or extensions, in accordance with expressed policy of the Board;
Submission of samples and/or tenders for selection by
the Board of furniture and fittings;
Responsibility for security for all stocks and moneys
in the Club; and
Responsibility for security and safety of premises.
6.4.10 Club promotion
Responsibility for supervision of activities of
promotional staff (in conjunction with the Marketing and Promotions Manager,
where applicable);
By personal conduct and bearing, the maintenance of
good relations with members; exemplified by prompt:
Handling of members' complaints;
Dealing with intoxicated members and guests;
Social activities with members.
Production of Members Newsletters and Journals.
Creation, Production and Implementation of Strategic
Marketing Plans.
6.4.11 Club
Entertainment/Functions.
Responsibility for Club entertainment (in conjunction
with Entertainment/Functions Manager, where applicable);
Determine programmes and schedules for
functions/entertainment
Engagement of artists, in accordance with Board policy;
Arranging and publicising Club entertainment and
functions
6.4.12 Club
Sporting/Greens and Course operations
Responsibility for supervision upkeep and maintenance
of Club sporting facilities and capital equipment (in conjunction with the
designated sports Manager, Greenkeeper or Course superintendent where
applicable);
6.4.13 Club information
and technology operations
Responsibility for supervision establishment, upkeep
and maintenance of Club information and technology systems and capital equipment
including but not limited to, Club Web site and computer hardware and soft ware
systems (in conjunction with the designated IT Manager where applicable);
6.4.14 Club commitment
and involvement with sporting, charity, and community activities.
Responsibility for Club sporting activities;
Liaison
with Club sports associations;
Publicising
Club sporting activities;
Provision
of Club sporting equipment and facilities, as approved by the Board, in
response to requests by internal Sports Committees.
Organisation, planning and promotion of Club functions.
Maintenance or establishment of Club's community
activities, in accordance with the expressed policy of the Board;
Facilitating support to charities;
Establishing alternative areas of community
involvement.
6.4.15 Club external
relations
Maintenance or establishment of relations with
organisations and Government departments;
Employers' associations;
Industrial unions;
Liquor licensing division;
Office of Gaming and Racing.
7. Exemption
This award does not apply to:
7.1 Clubs' Honorary
Secretaries.
7.2 Clubs with a
gross annual revenue of less than $500,000.
8. Enterprise
Flexibility Provisions
Where an employer or employees wish to pursue an agreement
at the enterprise or workplace about how the award should be varied so as to
make the enterprise or workplace operate more efficiently according to its
particular needs the following process shall apply:
8.1 A consultative
mechanism and procedures appropriate to the size, structure and needs of the
enterprise or workplace shall be established.
8.2 For the purpose
of the consultative process the employees may nominate the Association.
8.3 Where agreement
is reached an application shall be made to the Commission.
9. Classifications
and Wage Rates
9.1 Classifications
9.1.1 The Management
Committee of an employing Club shall establish an appropriate Management
Classification level for management positions at their respective Club. Management
employee shall be advised in writing of their classification level. Disputes
arising from established classifications levels of individual managers may be
dealt with in accordance with clause 39 of this award.
9.1.2 In compliance
with the provisions of Sections 34A-34E of the Registered Clubs Act
1976, as amended from time to time. The minimum Classification level for
managers appointed by the Board of Directors, or their duly authorised
representative to manage a separate premise of the club shall be that of a
Level ‘B’ Classification as prescribed in sub clause 9.1.5 of this clause.
9.1.3 From the
commencement date of this award and subject to this Clause a management
employee shall be classified and appointed as such in accordance with the nature
of the job being performed, into any of the following classification levels;
9.1.4 Level
"A" Manager
(a) Directly
supervises the work of other employees and is supervised by more senior
management;
(b) Has completed
the prescribed standard of training; and
(c) Indicative tasks
of a Level "A" Manager include:
Supervision of staff in one or more sections of the
Club, including allocation of duties, preparation of rosters, approval of
overtime, employee counselling, discipline and performance appraisal.
Plan and implement improved work procedures.
Make recommendations to senior management or the
management committee on staff including training requirements and staffing
levels.
Decides in consultation with senior management or the
management committee on the engagement, termination and promotion of
non-managerial staff.
Trains non-managerial staff.
Supervises clerical work, maintains records including
the use of computers.
Supervision of stock control and stocktaking.
Contributes ideas for long term planning, including the
areas of new equipment, maintenance, human resources, and marketing.
Checks and supervises quality of services, hygiene and
safety arrangements.
Checks equipment and facilities for maintenance, replacement
and upgrading.
Checks, organises and implements security procedures.
Places supply orders and authorises payments within set
procedures.
9.1.5 Level
"B" Manager
(a) Is in charge of
a premise that is not the main premise of the Club, in accordance with 34A -
34E of the Registered Clubs Act;
(b) Directly
supervises the work of other employees and is supervised by more senior
management;
(c) Has completed
the prescribed standard of training; and
(d) Works at a level
above and beyond the skills required of a Level "A" Manager.
(e) Indicative tasks
of a Level "B" Manager include duties of a lower level plus:
Establishes stock control levels, checks accuracy of
stocktaking, evaluates suppliers, negotiates pricing and/or terms.
Sets quality standards for facilities, service, etc.
More complex checking than for a Level "A"
employee, including the economical use of old plant and equipment or the need
for new plant and equipment.
Implements and checks emergency procedures.
Organises training, evaluates training materials for
non-managerial employees.
Consults with union delegates, requiring an accurate
knowledge of industrial awards.
Collects statistics, analyses income; reads and
understands computer system and user materials.
Authorises payments or expenditure according to Club
procedures.
Updates security procedures.
9.1.6 Level
"C" Manager
(a) Directly
supervises the work of other employees which may include other Managers and is
supervised by more senior management;
(b) Has completed
the prescribed standard of training; and
(c) Works at a level
above and beyond the skills required of a Level "B" Manager.
(d) Indicative tasks
of a Level "C" Manager include duties of a lower level plus:
Duty or House manager with established portfolio
responsibilities.
Supervision of other managerial employees, including
discipline, analysis of training needs, allocation of duties, performance
appraisal.
Determine suitability of training courses and/or
methods.
Negotiate about industrial issues with union delegates
and other employees.
Designs information collection systems; consults with
computer suppliers/advisers.
Plans emergency procedures.
Interprets and applies specific Board policy in the
running of the Club
Assesses tenders and quotations; inspects works done on
property; liaises with outside businesses.
Provide ideas for longer term financial planning.
Analyses income and expenditure for a number of the
Club's operations; calculates costs and/or value of stock and sales.
Investigates financial irregularities
9.1.7 Level
"D" Manager
(a) Is in charge of
a Club where the Manager is the sole paid member of management.
(b) Where supervised
by another Manager, duties are clearly within the scope of this level
(c) Has completed
the prescribed standard of training; and
(d) Works at a level
above and beyond the skills of a Level "C" Manager.
(e) Indicative tasks
of a Level "D" Manager include duties of a lower level plus:
Ensures
legal requirements are met, prepares statutory returns, required to interpret
relevant Acts and Statutes.
Organises safety procedures, keeps abreast of
developments in safety and is responsible for maintenance of safety equipment.
Implements
marketing programs and activities.
Determines
long-term planning priorities, including how and which information is to be
collected; contributes ideas for long-term forward planning of property.
Supervises
financial reports and calculation of finances, establishes stocktaking
procedures, is involved in the identification of financial risks and evaluation
of financial options; may supervise preparation of wages; calculates costs of
services.
Evaluates
computer hardware.
Prepares
agendas and proposals for consideration by the Board.
Establishes
procedures that apply to the whole Club.
9.1.8 Level
"E" Manager
(a) Is a Manager
responsible for the general management of a Club and is supported by another
Manager/Managers; or
(b) The Manager’s
duties are clearly within the scope of this level;
(c) Has completed
the prescribed standard of training; and
(d) Works at a level
above and beyond the skills of a Level "D" Manager.
(e) Indicative tasks
of a Level "E" Manager include duties of a lower level plus:
Consults/Negotiates with employer and employee
organisations about industrial problems, laws, regulations including
formulation and implementation of practises and procedures relating to Club
employees.
Negotiates legal requirements.
Prepares policy recommendations for the Board and
assists the Board to decide policy; makes recommendations to the Board on
Management staffing matters.
Prepares financial reports; co-ordinates annual
reports.
Establishes financial procedures including
authorisation for routine or regular payments.
Negotiates sales contracts/agreements.
Prepares marketing /promotional materials.
Evaluates and assesses Club requirements for computer
(and related) hardware and software, and makes recommendations for the
purchase, implementation and installation of such systems.
Represents the Club at speaking engagements, including
annual meetings/Club meetings.
9.1.9 Level
"F" Manager
(a) Is a Manager
responsible for the general management of a Club and is supported by other
Managers; and whose duties are clearly within the scope of this level;
(b) Has completed
the prescribed standard of training; and
(c) Works at a level
above and beyond the skills of a Level "E" Manager.
(d) Indicative tasks
of a Level "F" Manager include duties of a lower level plus:
Define industrial relations policy, negotiate about
problems with union officials and implement procedures for resolution.
Design staff appraisal systems.
Liaise with media, government, chair meetings of outside
groups (e.g. community groups).
Manage property maintenance and development contracts;
negotiate with potential property developers.
9.1.10 Level
"G" Manager
(a) Is a Manager
responsible for the general management of a Club and is supported by other
Managers; and whose duties are clearly within the scope of this level;
(b) Has completed
the prescribed standard of training; and
(c) Works at a level
above and beyond the skills of a Level "F" Manager.
(d) Indicative tasks
of a Level "G" Manager include duties of a lower level plus:
The characteristics of the clubs in which Managers at
this level work require them to engage in more complex planning and design, and
to have increased levels of accountability and responsibility.
9.1.11 Prescribed level
of training
For the purpose of this Clause, prescribed level of
training means:
(a) Satisfactory
completion of a training course in accordance with the guidelines listed in
appendix A issued through Tourism Training Australia for that particular classification
and accredited by the Department of Education, Science and Training; managers
covered by this award may hold other professional qualifications, or
(b) That the
employee's skills have been assessed to be at least the equivalent of those
attained through the suitable course described in 9.1.11(a). Such assessment
may be undertaken under the Recognition of Prior Learning (RPL) system approved
by Tourism Training Australia.
(c) If at the time
of making this award, a manager is already competent in an area of management
they will be able to have their skills and experience assessed against the same
national competence standards used as the basis for the training modules.
Managers will then achieve the module, just as if they had undertaken training,
to enable them to receive national qualifications and satisfy the training
requirements of this award.
9.2 Minimum rates
The rates of pay as set out in Table 1 - Rates of Pay -
of Part B, Monetary Rates, shall be the minimum annual amount payable to
employees within the named classification levels: Rates contained in Table 1.1
shall be payable from the first full pay period on or after 24th of October
2008.
9.3 Overaward
Payment
"Overaward Payment" is defined as the amount
(whether it be termed "Overaward payment," "attendance
bonus", "service increment", or any term whatsoever) which an
employee would receive in excess of the award rate of pay for the
classification in which such employee is engaged. Provided that such payment
shall exclude overtime, shift allowances, penalty rates, disability allowances
and any other ancillary payments of a like nature prescribed by this award,
unless otherwise specifically agreed via the provisions contained within a
Management Agreement.
9.3.1 The rates of pay
in this award include the adjustments payable under the State Wage Case 2008.
These adjustments may be offset against:
(a) any equivalent
overaward payments, and/or (ii) award wage increases since 29 May 1991 other
than safety net, State Wage Case, and minimum rates adjustments.'
(b) The above clause
will replace the offsetting clause inserted into awards pursuant to the
Principles determined in the State Wage Case 2007 decision.
9.4 Weekly wage
equivalent
For the purpose of calculating the weekly equivalent of
the annual salary rates prescribed by this clause, the divisor of 52 shall be
used and the resultant amount shall be taken to the nearest ten cents. All
calculations required to be made under this award for the purpose of
determining hourly amounts payable to an employee shall be calculated on the
weekly equivalent of the annual salary.
9.5 Salaries
Exemption and Management Agreements
9.5.1 The provisions of
clauses, 18 - Higher Duties Allowance, 19 - Hours of Work, 22 - Overtime, and
23 Recall to Duty shall not apply to employees who are in receipt of a salary
of 30% in excess of the minimum annual salary rates for the appropriate
classification prescribed by clause 9.2 - Classifications and wage rates of
this award.
9.5.2 The Provisions of
clause 17 - Motor Vehicle Allowance, clause 18 Higher Duties Allowance, clause
19 - Hours Of Work, clause 20 - Meal Break and Allowance, clause 21 - Rostered
Days Off, clause 22 - Overtime, clause 23 - Recall to Duty, clause 24 - Public
Holidays, clause 27 - Sick Leave {sick leave shall be in accordance with the
State Minimum as outlined in the New South Wales Industrial Relations Act 1996
Section 26(1)(a) and 26(1)(b)} and clause 35 - Uniforms, shall not apply to
employees who are in receipt of a salary 50% in excess of the minimum annual
salary rate for the appropriate classification prescribed by clause 9.2 -
Classifications and wage rates of this award.
9.5.3 Nothing in this
award is intended to preclude a Manager and a Club from agreeing to conditions
of employment (‘Management Agreements’) which are more beneficial to those
provided in this award.
9.5.4 Where
circumstances arise that require a Manager and a Club to agree to rates of pay
and/or conditions that are less than those provided by this award, the Club and
the Manager or their representatives must apply to the Industrial Relations
Commission of NSW for an exemption from the whole or part of this award in
accordance with the provisions of section 18 of the NSW Industrial Relations
Act 1996.
Notation: Assistance with developing Management
Agreements is available from Clubs NSW and the Club Managers Association.
10. Management
Trainees
10.1 The engagement of
management trainees shall be mutually agreed upon in writing by the employing
Club and the Club Managers Association.
10.2 When a Club,
which employs a management trainee in accordance with this clause, the Club
shall release the trainee for the equivalent of one day of each week of term
for the purpose of achieving the required modules duly accredited under the
National Qualification Framework. This training may be completed on a weekly or
block release basis. Each such day shall be paid as for 8 ordinary hours
worked.
10.3 The minimum rates
payable for Management Trainees shall be the following percentages of the Level
B Manager's rate
Percentage of Level
B Rate
|
%
|
First year
|
90
|
Second year
|
95
|
Third year
|
97.5
|
Fourth year
|
100
|
10.4 Provided that when
a management trainee is undertaking the required training as set by the CMDA
and Clubs NSW, progression to the next year of service salary scale shall be
dependent upon the trainee having acquired training levels for the preceding
year.
11. Part Time
Employees
11.1 Part-time
employees may be engaged to work not less than 3 ordinary hours per week nor
more than 37 hours per week, subject to the following provisions.
(a) The minimum
number of hours worked on any one day shall be 3.
(b) Such hours must
be worked within a span of eleven hours.
(c) Part-time
employees shall be paid an hourly rate relative to the employee's
classification number specified in Clause 9 'Salaries', of this Award.
(d) Any part-time
employee required to work on a public holiday shall be paid for all hours
worked at the rate of double time and one-half the ordinary hourly time payable
to a weekly employee, with a minimum payment as for four hours worked.
11.2 Employees shall
be advised of the rostered working hours and rostered time off as soon as
practicable, and in any event, by not less than seven days notice without the
employee’s consent, except in an emergency.
11.3 Notwithstanding
the provisions of subclause 11.1 of this clause and clause 9 'Salaries', of this
Award, the employer and the Club Managers Association may by mutual consent
agree in writing to observe other conditions in order to meet special cases,
which may include job sharing arrangements.
12.
Anti-Discrimination and Harassment
12.1 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.
12.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed in 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.
12.3 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.
12.4 Nothing in this
clause is to be taken to affect:
12.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation;
12.4.2 offering or
providing junior rates of pay to persons under 21 years of age;
12.4.3 any act or
practice or a body established to propagate religion which is exempted under
section 56 (d) of the Anti-Discrimination Act 1977;
12.4.4 a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
12.5 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 the Act affects...any other act or
practice of a body established to propagate religion that conforms to the doctrines
of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion".
13. Payment of
Salaries
13.1 Salaries shall be
paid weekly, fortnightly or monthly during working hours, Monday to Friday. Payments
that are to be made at intervals greater than fortnightly shall be by mutual
agreement between the Club and the individual Manager.
13.2 By agreement
between the employer and the employee, salaries may be paid by one of the
following means:
13.2.1 cash;
13.2.2 cheque; or
13.2.3 payment into an
employee's bank, building society, or credit union accounts. Provided that all
charges associated with the fund’s transfer are met by the employer and the
employee’s account is credited on the normal payday.
13.3 Upon termination
of employment, eligible termination entitlements due to an employee must be
paid on the date of such termination or forwarded to the employee by post
within two working days.
14. Times and
Salaries Record
In accordance with Section 123 of the Industrial
Relations Act 1996, time sheets and pay sheets must contain the following
particulars:
14.1 the full name of
the employer and A.B.N. number;
14.2 the full names of
the employees;
14.3 the occupation
and classification of all employees under this award;
14.4 the date on which
payment was made,
14.5 the period of
employment to which the payment relates,
14.6 the gross amount
of remuneration (including overtime and other payments),
14.7 the number of hours
worked by each employee during the week;
14.8 the deductions
made for tax, employee superannuation contributions;
14.9 the particulars
of all other authorised deductions;
14.10 the net amount
paid.
15. Rights of Entry
of Association Officials
See Section 296,297,298 & 299 of the Industrial
Relations Act 1996.
16. Expenses
16.1 An employee shall
be reimbursed for all monies reasonably expended by him/her for and on behalf
of the employer subject to Board policy or approval.
16.2 The Board of Directors
or a duly appointed representative of the Board may pre determine the
parameters for the usage of credit cards issued to the employee and advise the
Club card holder of those parameters accordingly.
17. Motor Vehicle
Allowance
17.1 Where an employee
is required by the employer to use the employee's own motor vehicle for the
performance of the employee's duties, and unless a higher rate is otherwise
agreed to, the employee must be reimbursed for such use of their motor vehicle
at the rate of 65.5 cents per kilometre. Subject to a maximum payment of
$288.20 in any one week, in which case the claim must be approved by the Board
or a duly appointed representative of the Board. The relevant amounts payable
are contained in Item 1 of Table 2 - other Rates and Allowances, of Part B
Monetary Rates.
17.2 Vehicle allowance
payments must be made weekly or at the end of such period as the employee and
the employer agree on presentation of a written claim containing such
particulars as the employer may reasonably require.
18. Higher Duties
Allowance
18.1 An employee who
is required to perform substantially all the duties of a higher position for
one week or more shall be paid not less than the minimum rate prescribed for such
higher position for all time so engaged.
18.2 An employee shall
perform all reasonable and lawful directions of the Management of the Club as
properly authorised by the Board of the Club or by a duly authorised
representative of the Board
19. Hours of Work
19.1 The ordinary
hours of duty of each employee shall be:
19.1.1 160 hours per four
week period;
19.1.2 worked within a
span of twelve hours per day.
19.1.3 rosters shall
permit the employee to have at least 8 hours off duty between the finishing of
one shift and the commencement of the next.
19.2 Employees shall
be advised of their rostered working hours and rostered time off as soon as
practicable, and in any event by not less than seven days notice without the
employee's consent, except in an emergency.
19.3 An employer and
an employee may agree in writing to modify the provisions of 19.1.2.
20. Meal Break and
Allowance
20.1 Where a Club
provides meals for members, any Manager employed by the Club shall, whilst on
duty, be entitled to a meal free of cost whenever the Club is providing such
meals.
20.2 An employee shall
be entitled, where practicable, to a meal break within 5 hours of commencing
duty of between 30 and 60 minutes and each 5 hours thereafter.
20.3 Where an employee
due to operational requirements is unable to partake in a meal free of cost the
employee shall be paid an allowance of an amount as set out in item 2 of Table
2 - other Rates and Allowances, of Part B, Monetary Rates.
20.4 Notwithstanding the
provisions of subclauses 20.1 and 20.3 hereof, an employer and an employee may
agree in writing that an allowance of the amount set out in the said item 2
shall be paid in lieu of the provision of a meal free of cost to the employee.
20.5 Where a Club does
not provide a meal for members, the employee shall be entitled to an allowance
of the amount set out in the said item 2 of Table 2 - other Rates and
Allowances, of Part B, Monetary Rates.
21. Rostered Days Off
21.1 Each employee
shall be free from duty for at least nine days in each four weekly period
provided that in each such period that on at least two occasions such days
shall be consecutive.
21.2 Where the
employer and an employee mutually agree in writing to substitute an alternative
method of taking time off, then that method shall apply.
21.3 In clubs where
only a Club Manager is employed the Board of Directors and the Club Manager
may, by mutual consent in writing, agree to the Club Manager taking eight full
days and two half days off in each four week period.
21.4 The Club's Board
of Directors or a duly authorised representative of the Board shall have the
right to direct when a rostered day off shall not be worked and, in the case of
an emergency, the right to direct when a rostered day off shall be worked.
21.5 An employee who
works on his/her rostered day(s) off as directed shall be paid at overtime
rates for all hours so worked. With the exception that those employees who are
required by the employer to undertake training courses on rostered days off
shall be subject to the provisions of Clause 21.6 of this Award.
21.5.1 Details of all
work performed on a rostered day off by any employee covered by this award shall be submitted in writing by
the Club Manager to the Club's Board of Directors or to a duly authorised
representative of the Board prior to or at the meeting of the Board following
the day on which such work performed and payment for such work shall be made on
the first pay day after that meeting.
21.5.2 Where details of
work are not submitted in accordance with 21.5.1, no entitlement to payment
shall arise.
21.5.3 An employee in
receipt of a salary inclusive of the exemption rate prescribed in sub clause
9.5.1 shall not be entitled to additional payment if directed to work on a
rostered day off, provided that:
(a) A least 8 hours
break has occurred prior to being directed to commence duties on a rostered day
off.
(b) The cancelled
rostered day off shall be deferred or banked in accordance with the provisions
of 21.6.
21.6 The taking of
rostered days off may be deferred with the prior approval of the Club’s Board,
with such rostered days off to be banked, by written agreement for a period not
exceeding twelve months from the date such rostered days off accrued to the
employee, to be taken at a time agreed upon between the employer and employee;
provided that the number of rostered days off so banked shall at no time exceed
twenty such days.
21.6.1 The employer and the
employee may agree in writing that the monetary value of any rostered days off
accrued and banked pursuant to 21.6 hereof, but not taken by the employee, may
be paid to the employee in lieu of taking such accrued and banked rostered days
off. Payment shall be made at normal time rates of pay.
21.6.2 By agreement with
the employer, the employees’ accrued RDO’s may be added to their annual leave
(no annual leave loading shall apply to such accruals).
21.6.3 Upon termination
of the employees’ employment for any reason the monetary value of any rostered
days off accrued and banked pursuant to 21.6. hereof, but not taken by the
employee, shall be paid to the employee at normal time rates of pay. Any
rostered days off accrued in excess of 20 shall be disregarded.
21.7 Make-up time
An employee may elect, with the consent of their
employer, to work make-up time, under which the employee takes time off
ordinary hours, and works those hours at a later time, during the spread of
ordinary hours provided in the award.
22. Overtime
22.1 All time worked
in excess or outside of the ordinary hours of duty or on a rostered day off
shall be overtime.
22.2 In computing
overtime each day's work shall stand alone and be paid for at the rate of time
and one-half for the first two hours and double time thereafter.
22.3 Details of all
overtime worked by any employee covered by this award shall be submitted in
writing by the employee to the Club's Board of Directors or to a duly
authorised representative of the Board prior to or at the next meeting
following the day on which such overtime is worked, and payment for such
overtime shall be made on the first pay day after that meeting, provided that
if details of overtime worked are not so submitted, payment for such overtime
may not be made by the Club and in such event no entitlement to payment shall
arise.
22.4 Subject to 22.4.1
the Club's Board of Directors or a duly authorised representative of the Board
may require an employee to work reasonable overtime at overtime rates.
22.4.1 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 having regard
to:
(a) any risk to
employee health and safety;
(b) the employee’s personal
circumstances including any family and carer responsibilities;
(c) the need of the
workplace or enterprise;
(d) the (notice if
any) given by the employer of overtime and by the employee of his or her
intention to refuse it; and
(e) any other relevant
matter.
22.5 An employee who
is required to work and works so much overtime between the cessation of that
employee's ordinary hours on one day or shift and the commencement of that
employee's ordinary starting time on the next day or shift that the employee
has not had at least ten consecutive hours off duty between those times shall
be released after completion of such overtime until the employee has had ten
consecutive hours off duty, without loss of pay for ordinary working time
occurring during such absence.
22.6 If, as a result
of special operational circumstances and upon the Board of Directors
instructions, an employee resumes duty without having had ten consecutive hours
off duty the employee shall be paid at double ordinary time rates until
released from duty (or if the duty is resumed on a public holiday, at public
holiday rates) for such period and then shall be entitled to be absent until
the employee has had ten consecutive hours off duty without loss of pay for
ordinary working time occurring during such absence.
22.7 An employee may
elect with the consent of the employer to take time off during ordinary hours
in lieu of payment for overtime. The taking of such time must be agreed to by
the employer and time off shall be the same as the overtime worked.
23. Recall to Duty
An employee recalled to work any overtime in one or more
periods after having left the Club premises shall, when such overtime is worked
after the conclusion of the ordinary hours of one shift and before the commencement
of the ordinary hours of the next shift (whether notified before or after
having left the said premises), be paid for a minimum of one hour's work,
provided such overtime is not required to be paid because of the failure of the
employee to perform a duty, or function, during his ordinary working hours. The
employee shall not be paid for the time spent travelling to and from the Club
on a recall.
24. Public Holidays
24.1 The day or days
upon which the following holidays fall or days on which such holidays are
observed shall be holidays for the purpose of this award: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, Eight Hour Day, Christmas Day and Boxing Day and any other day or
days proclaimed or gazetted as public holidays for the State.
24.2 An employee who
is required to work on a public holiday and who so works shall be paid at the
rate of double time and one-half with a minimum payment at such rate for 4
hours worked. Where an exemption rate is paid pursuant to sub clause 9.5.1,
that rate shall be used for the calculation of penalty rates for such public
holidays.
24.3 Details of all
work performed by an employee on a public holiday shall, other than normal
rostered duties, be submitted in writing by the employee to the Club's Board of
Directors or to a duly authorised representative of the Board prior to or at
the next meeting following the day on which such public holiday is worked, and
payment for such work shall be made on the first pay day after that meeting,
provided that if details of work performed on a public holiday are not so
submitted, payment for such work may not be made by the Club and in such event
no entitlement to payment shall arise.
24.4 Where a public
holiday falls on an employee's rostered day off and the employee is not
required to attend for duty, the employee shall be entitled, for each such
occasion, to either:
24.4.1 an additional
day's salary; or
24.4.2 be granted another
day off in lieu; or
24.4.3 have an additional
day without annual leave loading added to the employee's annual leave.
24.5 The provisions
referred to in sub clause 24.4 shall not apply to employees whose regular
roster excludes rostered duties on Saturday or a Sunday. Where a public holiday
as prescribed by sub clause 24.1 falls on a Saturday no additional payment as
prescribed by that clause shall apply.
25. Annual Leave
25.1 Annual leave
entitlement
Five weeks paid annual leave shall be allowed to an
employee after each completed year of service and an employee whose services
are terminated or who leaves their employment during a twelve monthly period
shall be entitled to pro rata annual leave for the period of employment served.
25.2 Annual Leave
exclusive of Public Holidays
The annual leave prescribed by this clause shall be
exclusive of any of the holidays prescribed by clause 24 - Public Holidays -
and, if any such holiday falls within an employee's period of annual leave and
is observed on a day which in the case of that employee would have been an
ordinary working day, there shall be added to the period of annual leave time
equivalent to the ordinary time which the employee would have worked if such
day had not been a holiday.
25.3 The taking of
annual leave
25.3.1 Annual leave shall
be taken in consecutive weeks except that by agreement between the employee and
employer the leave may be split into separate periods provided that no period
shall be less than one week, subject to the provisions of clause 28.3.1
Personal/Carers provisions
25.3.2 No employee shall
be required to go on annual leave unless at least one month’s prior notice has
been given, except where a shorter period of notice is mutually agreed between
the employer and employee concerned.
25.3.3 Each employee
shall be asked to state when they require annual leave and the employer shall,
as far as practicable, arrange to suit annual leave for the convenience of
employees.
25.3.4 Before proceeding
on annual leave, the employee shall be paid any salary then due or which may
accrue during the period of leave.
25.4 Annual leave
loading
25.4.1 Before an employee
is given and takes annual leave or, where by agreement between the employer and
the employee the annual leave is given and taken in more than one separate
period, then before each of such separate periods, the employer shall pay the
employee a loading determined in accordance with this clause.
25.4.2 The loading is
payable in addition to the employee's salary for the period of annual leave given
and taken.
25.4.3 Prior to
commencing a period of annual leave, the employee shall receive a loading of
17.5 per cent calculated at the appropriate ordinary time rate of salary,
prescribed in clause 9.2.1 - Classifications and wage rates, for the classification
in which the employee was employed immediately before commencing annual leave
or where applicable the salary rate payable as prescribed in clause 9.5. Salaries exemptions - shall be deemed to be
the gross salary for the purpose of this clause.
25.5 Proportionate
leave on termination
25.5.1 When the
employment of an employee is terminated by the employer for a cause other than
for serious and wilful misconduct and at the time of the termination the
employee has not been given and has not taken the whole of annual leave to
which the employee became entitled, the employee shall be paid a loading
calculated in accordance with 25.4.3 for the accrued entitlement not taken at
time of the last anniversary date of employment.
25.5.2 Where an employee
resigns and has not taken the whole of an annual holiday to which the employee
has become entitled on or after that date, he or she shall be paid a loading
calculated in accordance with 25.4.3 for the accrued entitlement not taken at
time of the last anniversary date of employment.
26. Long Service
Leave
See Long Service Leave Act (NSW) 1955.
27. Sick Leave
27.1 After four weeks
of continuous employment with the same Club, an employee absent from duty on
account of personal illness, or accident, shall be paid for the period of such
absence for up to 80 hours per annum, at the rate of his full salary, provided
that an employee shall not be entitled to paid leave of absence for any period
in respect of which the employee is entitled to workers' compensation.
27.2 The rights under
this clause shall accumulate from year to year until used.
27.3 To be entitled to
sick leave under this clause an employee may be required to prove to the
satisfaction of the employer that he or she was unable, on account of such
illness or accident to attend for duty on the day or days for which such leave
is claimed.
27.4 For the purpose
of this clause continuous service shall be deemed not to have been broken by
any absence from work on leave granted by the employer; or any absence from
work by reason of personal illness, injury or other reasonable cause (proof
whereof shall in each case be upon the employee); provided that any time so
lost shall not be taken into account in computing the qualifying period of four
weeks.
27.5 For the purpose
of subclause 27.1 of this clause, service before the date of the coming into
force of this award shall be counted as service.
28. Personal/Carer’s
Leave
28.1 Use of Sick Leave
28.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in 28.1.3(ii) who needs the employee’s care and support, shall be
entitled to use, in accordance with this subclause, any current or accrued sick
leave entitlement, provided for in clause 27, - 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.
28.1.2 The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person. In normal circumstances, an
employee must not take carer’s leave under this subclause where another person
has taken leave to care for the same person.
28.1.3 The entitlement to
use sick leave in accordance with this subclause is subject to;
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of the
employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member or the same household, where for the purposes of
this sub clause:
1. "Relative"
means a person related by blood, marriage or affinity;
2. "Affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "Household"
means a family group living in the same domestic dwelling.
28.1.4 An employee shall,
wherever practicable, give the employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and that person’s
relationship to the employee, the reasons for taking such leave and the
estimated length of absence, If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the employer by telephone of
such absence at the first opportunity on the day of absence.
28.2 Unpaid Leave for
Family Purpose
28.2.1 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a member of a class of person set out in
28.1.3(ii) who is ill.
28.3 Annual Leave
28.3.1 Subject to the Annual
Holidays Act, 1944 an employee may elect with the consent of the employer
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.
28.3.2 Access to annual
leave, as prescribed in 28.3.1 of this subclause, shall be exclusive of any
shutdown period provided for elsewhere under this award.
28.3.3 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
28.4 Time Off in Lieu
of Payment for Overtime
28.4.1 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.
28.4.2 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.
28.4.3 If, having elected
to take time as leave in accordance with 28.4.1, 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.
28.4.4 Where no election
is made in accordance with the said 28.4.1 employee shall be paid overtime
rates in accordance with the award.
28.5 Make-up Time
28.5.1 An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
28.5.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
29. Bereavement Leave
29.1 Leave granted under
this clause shall be without deduction of pay to a maximum period not exceeding
the number of hours worked by the employee in three ordinary days. An employee other than a casual employee
shall be entitled to bereavement leave without deduction of pay on each
occasion of the death of a person prescribed in Clause 29.3 below.
29.2 An employee shall
be entitled to bereavement leave upon production of satisfactory proof of such
death, to leave up to and including the day of the funeral of such relation as
prescribed in Clause 29.3 below.
29.3 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 28.1.3, provided that
for the purpose of bereavement leave, the employee need not have been
responsible for the care of the person concerned.
29.4 This clause shall
have no operation during any time when the period of leave referred to herein
coincides with any other period of leave of the employee or their rostered day
off.
29.5 Bereavement leave
may be taken in conjunction with other leave available under 28.2, 28.3, 28.4,
28.5 and 21, Rostered Days Off, of this award. In determining such a request
the employer will give consideration to the circumstances of the employee and
the reasonable operational requirements of the business.
29A. Parental Leave
29.1 Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
29.2 An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
29.2.1 the employee or
employee's spouse is pregnant; or
29.2.2 the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
29.3 Right to request
29.3.1 An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age; to assist the employee in reconciling work and parental responsibilities.
29.3.2 The employer shall
consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
29.3.3 Employee's request
and the employer's decision to be in writing
The employee's request and the employer's decision made
under 29.3.1(ii) and 29.3.1(iii) must be recorded in writing.
29.3.4 Request to return
to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
29.4 Communication
during parental leave
29.4.1 Where an employee
is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
29.4.2 The employee shall
take reasonable steps to inform the employer about any significant matter that
will affect the employee's decision regarding the duration of parental leave to
be taken, whether the employee intends to return to work and whether the
employee intends to request to return to work on a part-time basis.
29.4.3 The employee shall
also notify the employer of changes of address or other contact details which
might affect the employer's capacity to comply with 29.4.1.
30. Professional
Development Leave
30.1 In order to facilitate
progression through the classification structure in clause 9 - Classification
and Wage Rates - an employee is entitled to five days paid Professional
Development Leave in each calendar year, subject to the provisions of this
clause.
30.2 Professional
Development Leave is only available for the purpose of undertaking continuing
education and industry activity programs conducted by or approved for
accreditation by Club Management Development Australia (CMDA), Club Managers
Association Australia and Clubs NSW.
30.3 The entitlement
to paid Professional Development Leave is dependent on:
30.3.1 the employee
providing the Club with at least twenty eight days notice or a lesser period as
mutually agreed, of the dates on which the employee seeks to take Professional
Development Leave;
30.3.2 the granting of
leave not unduly affecting the operation of the Club;
30.3.3 the employee
agreeing to provide, if requested by the Club, a report outlining the potential
benefits of the training undertaken to the operation of the club; and
30.4 The Club may
reimburse an employee for any costs associated with undertaking continuing
education programs and industry activities conducted or approved by CMDA, CMAA
or CLUBSNSW.
31. Reserve Forces
Leave
31.1 An employee who
is a member of the Reserve Forces of Australia, with the approval of the Board,
shall be released from duty for two weeks per year for the purpose of
undertaking courses of training required by the Reserve Forces.
31.2 To become
entitled to be released from duty pursuant to 31.1 the employee shall within
seven days of receiving notification from the Reserve Forces, unless prevented
by accident, illness or other reasonable cause, inform the employer of the
dates between which the employee seeks to be released from duty, and failure to
comply with this clause shall relieve the employer of the obligations under
31.1.
31.3.1 The parties to
this award acknowledge and adhere to the provisions of the Defence Reserve
Service (Protection) Act 2001 or any such agreement that rescinds or replaces
it.
32. Emergency Service
Leave - (SES/RFS)
32.1 Where the
employee is a member of the State Emergency Service or Rural Bushfire Service
and is required to attend at a proclaimed emergency, the employer shall provide
the employee with ten (10) days leave per year.
32.2 The employer
shall reimburse the employee the difference between any amount paid in respect
to his/her attendance at such emergency and the amount of salary he/she would have
received in respect of the ordinary time had he/she not been on such service.
33. Jury Service
33.1 An employee on
weekly hiring required to attend for jury service during ordinary working hours
shall be reimbursed by the employer an amount equal to the difference between
the amount paid in respect of attendance for such jury service and the amount
of salary or wage the employee would have received in respect of the ordinary
time that would have been worked had the employee not been on jury service.
33.2 An employee shall
notify the employer as soon as possible of the date upon which the employee is
required to attend for jury service.
33.3 Further the
employee shall give the employer proof of attendance, the duration of such
attendance and the amount received in respect of such jury service.
34. Accommodation
34.1 Where a Club
provides accommodation for an employee, an employee and spouse, or an employee,
spouse and dependent children, the Club shall be entitled to deduct an amount
agreed in writing between the Club and the employee. The amount agreed on is to
be increased annually in accordance with the Consumer Price Index.
34.2 This clause is
made on the understanding that the deduction existing for employees at the date
on which the Award takes effect shall not be increased merely as a consequence
of the coming into operation of this clause.
35. Uniforms
35.1 Where the
employer requires a manager to wear a uniform whilst on duty, the employer must
reimburse the manager for the cost of purchasing the uniform. The provisions of
this sub-clause do not apply where the uniform is paid for by the employer.
35.2 Where a uniform
is required to be worn by a manager, the employer must pay to the employee an
allowance of an amount as set out in Item 3 of Table 2 - Other Rates - and
allowances, of Part B Monetary Rates, to cover the costs of laundering the
uniform. The provisions of this clause do not apply where the employer arranges
for the uniform to be laundered without cost to the manager.
35.3 An employer may
require an employee on commencing employment to sign a receipt for item/s of
uniform and property. This receipt must list the item/s of uniform and property
and the value of them. If, when an employee ceases employment, the employee
does not return the item/s of uniform and property in accordance with the
receipt, the employer will be entitled to deduct the value as stated on the
receipt from the employee’s wages.
35.4 In the case of
genuine wear and tear, damage, loss or theft that is not the employee’s fault
the provisions of clause 35.3 will not apply.
35.5 Any disagreement
concerning the value of item/s of uniform and property and any other aspect of
this clause may be determined by the Grievance and Dispute procedure.
36. Workers' Compensation
Insurance and Payments
Where applicable, the actual salary of the manager shall be
the rate insured for and the employee, while absent from duty on workers
compensation, shall be paid his actual salary.
37. Superannuation
37.1 Definitions
In this clause:
37.1.1 Industry fund
shall mean CLUB PLUS, being the Superannuation Scheme registered under Federal
Laws.
37.1.2 Eligible employee
means:
(a) a weekly
employee (including a part-time employee) employed in the Club industry,
subject to the completion of four weeks employment;
(b) is otherwise a
member of Club Plus.
37.1.3 Employed in the
club industry means employed to work in a Club where such employment is
governed by the terms of this Award.
37.1.4 Ordinary time
earnings means:
(a) in the case of a
full-time weekly employee the appropriate rate for the ordinary hours of the
week, as prescribed by clause 9 - Classifications and Wage Rates - hereof,
together with, if applicable, clause 9.5 - Salaries Exemptions - and Management
Agreements;
(b) in the case of a
part-time employee the number of ordinary hours worked in each week multiplied
by 1/40th of the weekly rate for the classification;
37.1.5 Trustee shall mean
Club Plus Pty Limited or such trustee of the Club Plus as may be appointed from
time to time.
37.1.6 Union means the
Club Managers’ Association, Australia.
37.2 Enrolment
The following conditions are subject to where the
employer is already making contributions in excess of those required under federal
legislation as provided for in Clause 37.3 below and where the occupational
superannuation scheme complies with the Superannuation Industry Supervision
Act.
37.2.1 Each employer
shall comply with the following:
(a) distribute
application for membership forms and relevant information of Industry Fund to
each of the eligible employees;
(b) as soon as
practicable on the completion of the application for membership form by an
eligible employee, the employer shall (if they have not already done so) enter
into a Deed of Adherence with the trustee acknowledging themselves to be bound
by Club plus trust deed; and
(c) Where the
employee is not a member of Club Plus the employer shall attached to the
completed application for membership form a letter signed by at least two
members of the Executive of the Club’s Board of Directors instructing the
trustee to;
(i) enrol in Club
Plus the named employee; and
(ii) accept
contributions from the date specified in the letter.
(d) Where the
employee is a member of Club Plus, the employer shall forward a letter to the
administrator signed by at least
two members of the Executive of the Club’s Board of Directors instructing the
trustee to accept contributions from the date specified in the letter.
(e) On commencement
of employment, an employee who is already a member of Club Plus, shall provide
the employer with his or her fund membership number.
37.3 Contributions
37.3.1 The quantum of
superannuation contributions shall be in accordance with the relevant legislation,
that being the Superannuation Guarantee Charge Legislation.
37.3.2 Each employer
shall pay to the trustee an amount equal to the appropriate proportion of the
employee's ordinary time earnings in accordance with clause 37.3.1.
37.3.3 An employee may
elect to make a voluntary contribution to a Superannuation Fund upon completion
of a voluntary contribution deduction authority or a direct contribution
remittance form.
37.4 Remitting
payments
37.4.1 Each employer
shall remit to the trustee of the fund all payments due in respect of their
employees immediately at the conclusion of each calendar month or at such other
times and in such other manner as may be agreed in writing between the trustee
and the employer.
37.4.2 Each employer shall
remit to the trustee of the fund all payments as authorised by the employee in
accordance with the completed voluntary contribution deduction authority or as
such other times and in such other manner as may be agreed in writing between
the trustee and the employee.
37.5 Exemptions
37.5.1 Where an employer
is incapable of complying with this clause on the grounds of extreme incapacity
to pay as set out in the wage fixation principles adopted by the Industrial
Commission of New South Wales, they may apply to the Commission for exemption
from this clause whilst ever the incapacity exists, provided that -
(a) the employer
shall comply with this clause until the matter is determined by the Commission;
(b) such compliance
shall be without prejudice to the outcome of the application.
37.5.2 Notwithstanding
the provisions of this subclause, the employer and the Club Managers
Association may, by mutual consent, agree in writing to observe other
conditions in order to meet special cases.
38. Termination of
Employment
38.1 Notice of
termination by employer
38.1.1 The employment of
a full-time or part-time employee shall not be terminated (except for the
provision of 38.1.5) without giving to the employee the period of notice
specified in the table below:
Period of
continuous service
|
Period of Notice
|
|
|
Up to and including 6 months
|
1 week
|
Over six months service
|
4 weeks
|
38.1.2 In addition to
this notice, employees over 45 years of age at the time of the giving of the notice
with not less than two years continuous service, are entitled to an additional
week’s notice.
38.1.3 Payment in lieu of
the notice will be made if the appropriate notice period is not required to be
worked. Employment may be terminated by the employee working part of the
required period of notice and by the employer making payment for the remainder
of the period of notice.
38.1.4 In calculating any
payment in lieu of notice, the wages an employee would have received in respect
of the ordinary time they would have worked during the period of notice had
their employment not been terminated will be used.
38.1.5 The period of
notice in this clause, shall not apply in the case of dismissal for conduct
that justifies instant dismissal including serious misconduct or failure to
carry out a lawful and reasonable instruction of the Board of Directors or the
duly appointed representative of the Board.
38.1.6 Notwithstanding
the foregoing provisions trainees who are engaged for a specific period of time
shall once the traineeship is completed and provided that the trainees’
services are retained have all service including the training period counted in
determining entitlements. In the event that a trainee is terminated at the end
of his or her traineeship and is re-engaged by the same employer within six
months of such termination the period of traineeship shall be counted as
service in determining any future termination.
38.2 Notice of
termination by an employee
38.2.1 The notice of termination
required to be given by an employee is the same as that required of an
employer, save and except that there is no requirement on the employee to give
additional notice based on the age of the employee concerned.
38.2.2 If an employee
fails to give notice the employer has the right to withhold and/or deduct
monies due to the employee, excluding accrued annual and long service leave
entitlements due at the time of termination, to a maximum amount equal to
ordinary time rate of pay for the period of notice.
38.3 Time off during
notice period
Where an employer has given notice of termination to an
employee, an employee shall be allowed up to two day’s time off without loss of
pay for the purpose of seeking other employment. The time off shall be taken at
times that are convenient to the employee after consultation with the employer.
38.4 Procedural
Fairness
38.4.1 An employer shall
not terminate the services of any employee for reasons of conduct or
performance unless:
(a) The employee has
been provided prior to the termination with full particulars verbally or in
writing, of all allegations against the employee;
(b) The employee has
been given the opportunity to defend himself or herself against all allegations
relied upon by the employer.
38.4.2 An employee whom
at the direction of the employer is instructed not to attend for duty whilst
the procedures of Clause 38.4.1 are
being implemented or further enquires are being made shall, during such
absence, be paid the equivalent to the weekly salary or part thereof.
38.4.3 Should the
employer elect to suspend the employee from duties the process must be
completed in a timely fashion. In the event the employee is suspended for a
period in excess of 10 working days, the employee shall inform the Association
and the employer shall inform the Clubs NSW.
39. Grievance and
Disputes Procedure
39.1 Procedures
relating to grievances of individual employees
39.1.1 The employee or the
Association on behalf of its member is required to notify (in writing or
otherwise) the employer as to the substance of the grievance, request a meeting
with the employer for bilateral discussions and state the remedy sought.
39.1.2 A grievance must initially
be dealt with as close to its source as possible, with graduated steps for
further discussion and resolution at higher levels of authority.
39.1.3 Reasonable time
limits must be allowed for discussion at each level of authority.
At the conclusion of the discussions, the employer must
provide a response to the employee's grievance including reasons.
39.1.4 While a procedure
is being followed, normal work must continue.
39.1.5 The employee may
be represented by the CMA, and the employer may be represented by Clubs NSW, at
any stage during this process.
39.2 Procedures
relating to disputes etc. between employers and their employees
39.2.1 A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
39.2.2 Reasonable time
limits must be allowed for discussion at each level of authority.
39.2.3 While a procedure
is being followed, normal work must continue.
39.2.4 The employer may
be represented by the Clubs NSW and the employee may be represented by the CMA
for the purpose of each procedure.
40. Redundancy
40.1 Application
40.1.1 This clause shall apply
in respect to full time and part time persons employed in the classifications
specified by Clause 9, Classifications.
40.1.2 The provisions of
this clause shall only apply in respect to employers who employ 15 or more
employees immediately prior to the termination of employment of employees, in
the terms of Clause 40.5 of this award.
40.1.3 Notwithstanding
anything contained elsewhere in this clause, these provisions shall not apply
to employees with less than one year’s continuous service and the general
obligation on employers 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.
40.1.4 Notwithstanding
anything contained elsewhere in this clause, these provisions 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 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.
40.2 Introduction of
Change/Employer’s Duty to Notify
40.2.1 Where an employer
has made a definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, the employer shall notify the employees who may be
affected by the proposed changes and the union to which they belong.
40.2.2 "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the employers workforce of 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.
40.2.3 Provided that
where this award makes provision for alteration of any of the matters referred
to herein, an alteration shall be deemed not to have significant effect.
40.3 Employer’s Duty
to Discuss change
40.3.1 The employer shall
discuss with the employees affected and the union to which they belong, inter
alia, the introduction of the changes referred to in 40.2.1 above, the effects
the changes are likely to have on employees and measures to avert of 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.
40.3.2 The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in 40.3.1 of this clause.
40.3.3 For the purpose of
such discussion, the employer 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 any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
40.4 Redundancy
40.4.1 Discussions before
Terminations
(a) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to Clause 40.2,
"Introduction of Change", and that decision may lead to the
termination of employment, the employer shall hold discussions which the
employees directly affected and with the union to which they belong.
(b) The discussion
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of 40.4.1(a) of this
subclause and shall cover, inter alia, any reason for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination of the employees concerned.
(c) For the purpose
of the discussion the employer shall, as soon as practicable, provide to the
employees concerned and the union to which they belong, all relevant
information about the proposed terminations, the number and categories of
employees likely to be affected, and the number of employees normally employed
and the period over which the terminations are likely to be carried out,
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
40.5 Termination of
Employment
40.5.1 Notice of Changes
in Production, Program, Organisation or Structure.
This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
‘production", "program", "organisation" or
"structure", in accordance with Clause 40.4.1 of this award.
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee the following notice:
Period of Continuous
Service
|
Period of Notice
|
|
|
Up to an including 6 months
|
1 week
|
More than 6 months
|
4 weeks
|
(b) In addition to
the notice above, employees over 45 years of age at the time of the giving of the
notice with not less than two years continuous service, shall be entitled to an
additional week’s notice.
(c) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given, provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
40.5.2 Notice for
Technological Change
This subclause sets out the notice provisions to be
applied to termination by the employer for reasons arising from
"technology" in accordance with Clause 40.4.1 of this award:
(a) In order to
terminate the employment of an employee, the employer shall give to the
employee 3 months notice of termination.
(b) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given, provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(c) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
40.5.3 Time Off During
the Notice Period
(a) During the period
of notice of termination given by the employer, an employee shall be allowed up
to one day’s time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purposes of seeking other employment.
(b) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview, or
the employee shall not receive payment for the time absent.
40.5.4 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 employer until the expiry of such notice, provided that in
such circumstances the employee shall not be entitled to payment in lieu of
notice.
40.5.5 Statement of
Employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
40.5.6 Notice to
Commonwealth Employment Service (Jobs Network)
Where a decision has been made to terminate employees,
the employer shall notify the Commonwealth Employment Service (Jobs Network)
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 by carried out.
40.5.7 Department of
Social Security (Centre Link) Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by the
Department of Social Security (Centre Link).
40.5.8 Transfer to Lower
Paid Duties
Where an employee is transferred to lower paid duties
for reasons set out in Clause 40.4.1 of this award, the employee shall be
entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee’s employment had been terminated, and the
employer may, at the employer’s option, make payment in lieu thereof of an
amount equal to the difference between the former ordinary time rate of pay and
the new ordinary time rates for the number of weeks of notice still owing.
40.6 Severance Pay
Where an employee is to be terminated pursuant to
Clause 40.5 of this award, subject to further order of the Industrial Relations
Commission, the employer shall pay the following severance pay in respect of a
continuous period of service:
40.6.1 If an employee is
under 45 years of age, the employer shall pay in accordance with the following
scale:
Years of Service
Age
|
Under 45 Years of
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
|
40.6.2 Where an employee is
45 years of age 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
|
40.6.3 "Weeks
pay" means the all purpose rate for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, exemption rates and allowances paid pursuant to this Award.
40.7 Incapacity to Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in Clause 40.6
above.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Industrial Relations Commission thinks relevant, and the probable effect of
paying the amount of severance pay in Clause 40.6 above will have on the
employer.
40.8 Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in Clause 40.6 if
the employer obtains acceptable alternative employment for an employee.
40.9 Grievance and
Dispute Resolution Procedures
Procedure Relating to Grievance of Individual Employees
shall be dealt with in accordance with the provisions contained in clause 39 of
this award.
41. Structural
Efficiency
41.1 Employees shall
carry out all functions within their capacity to perform, and may be required
from time to time to carry out other duties of a lower classification or duties
of other employees employed at the Club, where this is reasonably required,
such as during unexpected busy trading periods, special functions, or where
existing staff resources are deemed to be inadequate.
41.2 Nothing in this
clause shall allow an employer to continually or unreasonably require an
employee to perform duties as indicated in subclause 41.1 or to reduce work
normally available to employees engaged at either a lower level or pursuant to
a distinct and separate industrial instrument. Employees Classified in
accordance with Clause 9 of this award shall not be rostered to perform work of
any kind of an employee engaged at either a lower level or pursuant to a
distinct and separate industrial instrument
42. Further
Negotiations
The parties to the award may agree to re open negotiations
in order to review wages (Table 1.2 of Part B Monetary Rates), during the term
of this award with a view to reaching agreement on increasing flexibility in
the following areas:
Clause 7(7.2) ‘Exemptions’;
Clause 8 ‘Enterprise
flexibility provisions’;
Clause 9 ‘Classifications
and Wage Rates’(consideration compliance with the provisions of Sections
34A-34E of the Registered Clubs Act 1976 (Registered Clubs Amendment
Act 2003).
Clause 19 ‘Hours
of Work’;
Clause 20 ‘Meal
Breaks and Allowances’;
Clause 21 ‘Rostered
Days Off’;
Clause 22 ‘Overtime’;
Clause 40 ‘Redundancy’;
and such other areas as the parties see as appropriate.
PART B
MONETARY RATES
Table 1 - The following rates of salary shall be the minimum
annual amount payable to employees within the named classification levels:
Table 1 - Rates of
Pay
From the first pay period commencing on or after 24 October 2008.
Classification
level
|
|
+ 30%
|
+ 50%
|
|
$
|
$
|
$
|
|
|
|
|
Level A
|
43,893
|
57,061
|
65,840
|
Level B
|
45,556
|
59,223
|
68,334
|
Level C
|
47,220
|
61,386
|
70,830
|
Level D
|
49,552
|
64,418
|
74,328
|
Level E
|
54,546
|
70,910
|
81,819
|
Level F
|
62,867
|
81,727
|
94,301
|
Level G
|
72,857
|
94,714
|
109,286
|
Table 2 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
|
|
|
|
|
|
|
|
1
|
Clause 17.1
|
Vehicle allowance -
|
|
|
|
Per kilometre
|
65.5 Cents
|
|
|
Maximum payment in one week
|
$288.20
|
2
|
Clause 20.2,
|
|
|
|
20.3, 20.4.
|
Meal Allowance
|
10.40 per shift
|
3
|
Clause 34.2
|
Laundry Allowance
|
10.40per week
|
4
|
Clause 7.2
|
Gross annual revenue of a club below which this
|
|
|
|
award does not apply
|
$500,000.00
|
APPENDIX A
TRAINING
REQUIREMENTS
This appendix shows how the Training Requirements for the
classification guidelines issued through Tourism Training Australia, the
Hospitality Industry Training Advisory Board (ITAB).
It is included as an appendix for the information of
employers and employees only and shall not otherwise be used in construing the
meaning of the award.
The training requirements which follow are based on the
seven level classification structure inserted into Clause 9.1 Club Managers
(State) Award 2008.
The suggested units referred to at each level are those
detailed in the "Hospitality Training Package" prepared by Tourism
Training Australia. Hospitality Industry units of an equivalent standard may be
substituted within the guidelines issued through Tourism Training Australia.
As well as undertaking a formal training course approved by
the Department of Education, Science and Training, training requirements can be
met by current skills being formally assessed and recognised under the
Recognition of Prior learning (RPL) system approved by Tourism Training
Australia.
LEVEL A MANAGER
THHGFA06A
|
Interpret Financial Information
|
THHGGA06B
|
Receive and Store Stock
|
THHGGA07B
|
Control and Order Stock
|
THHGLE01B
|
Monitor Work Operations
|
THHGLE02B
|
Implement Workplace, Health, Safety and Security
Procedures
|
THHGLE08B
|
Lead and Manage People
|
THHGGA02B
|
Perform Office Procedures
|
THHGFA01B
|
Process Financial Transactions
|
BSBCMN213A
|
Produce Simple Word Processed Documents
|
THHGHS03B
|
Provide First Aid
|
Satisfies requirements for National Certificate IV
LEVEL B MANAGER
Competencies from Levels A plus:
THHGCS08B
|
Establish and Conduct Business Relationships
|
THHGLE03B
|
Develop and Implement Operational Plans
|
THHGLE04B
|
Establish and Maintain a Safe and Secure Workplace
|
THHGLE05B
|
Roster Staff
|
THHGLE09B
|
Manage Workplace Diversity
|
THHGLE13B
|
Manage Finances within a Budget
|
THHGLE14B
|
Prepare and Monitor Budgets
|
THHGLE20B
|
Develop and Update the Legal Knowledge required for
Business Compliance
|
THHGCS06B
|
Plan and Implement Sales Activities
|
THHGLE10A
|
Manage Workplace Relations
|
THHGGA05A
|
Plan and Manage Meetings
|
THHGGA08A
|
Plan and Establish Systems and Procedures
|
THHGCS04B
|
Make Presentations
|
THHADG01B
|
Analyse and Report on Poker Machine Data
|
Satisfies requirements for a National Diploma
LEVEL C MANAGER
Competencies for Levels A and B plus:
THHGLE06B
|
Monitor Staff Performance
|
THHGLE07B
|
Recruit and Select Staff
|
THHGLE12B
|
Develop and Manage Marketing Strategies
|
THHGLE11B
|
Manage Quality Customer Service
|
THHADG01A
|
Develop and Manage Gaming Activities
|
LEVEL D MANAGER
Competencies for Levels A, B, C plus:
THHGLE15B Manage Financial Operations
THHGLE16B Manage Physical Assets
LEVEL E MANAGER
Competencies for Levels A,B,C,D plus
THHGLE19A Develop and Implement a Business Plan
THHGLE17A Manage and Purchase Stock
Satisfies the requirements for a National Advanced Diploma
LEVEL F MANAGER
Competencies for Levels A, B,C, D, and E
LEVEL G MANAGER
The training requirements are as for a Level E Manager and
additionally where duties are clearly within the scope of this level
Training Package Code by Level
Training Package Code by Level
Code
|
Training Package Title
|
Level
|
THHGFA06A
|
Interpret Financial Information
|
A
|
THHGGA06B
|
Receive and Store Stock
|
A
|
THHGGA07B
|
Control and Order Stock
|
A
|
THHGLE01B
|
Monitor Work Operations
|
A
|
THHGLE02B
|
Implement Workplace, Health, Safety and Security
Procedures
|
A
|
THHGLE08B
|
Lead and Manage People
|
A
|
THHGGA02B
|
Perform Office Procedures
|
A
|
THHGFA01B
|
Process Financial Transactions
|
A
|
BSBCMN213A
|
Produce Simple Word Processed Documents
|
A
|
THHGCS08B
|
Establish and Conduct Business Relationships
|
B
|
THHGLE03B
|
Develop and Implement Operational Plans
|
B
|
THHGLE04B
|
Establish and Maintain a Safe and Secure Workplace
|
B
|
THHGLE05B
|
Roster Staff
|
B
|
THHGLE09B
|
Manage Workplace Diversity
|
B
|
THHGLE13B
|
Manage Finances within a Budget
|
B
|
THHGLE14B
|
Prepare and Monitor Budgets
|
B
|
THHGLE20B
|
Develop and Update the Legal Knowledge required for
Business
|
B
|
|
Compliance
|
|
THHGCS06B
|
Plan and Implement Sales Activities
|
B
|
THHGLE10A
|
Manage Workplace Relations
|
B
|
THHGGA05A
|
Plan and Manage Meetings
|
B
|
THHGGA08A
|
Plan and Establish Systems and Procedures
|
B
|
THHGCS04B
|
Make Presentations
|
B
|
THHADG01B
|
Analyse and Report on Poker Machine Data
|
B
|
THHGLE06B
|
Monitor Staff Performance
|
C
|
THHGLE07B
|
Recruit and Select Staff
|
C
|
THHGLE12B
|
Develop and Manage Marketing Strategies
|
C
|
THHGLE11B
|
Manage Quality Customer Service
|
C
|
THHADG01A
|
Develop and Manage Gaming Activities
|
C
|
THHGHS03B
|
Provide First Aid
|
C
|
THHGLE15B
|
Manage Financial Operations
|
D
|
THHGLE16B
|
Manage Physical Assets
|
D
|
THHGLE19A
|
Develop and Implement a Business Plan
|
E
|
THHGLE17A
|
Manage and Purchase Stock
|
E
|
D.W.
RITCHIE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.