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New South Wales Industrial Relations Commission
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Club Managers' (State) Award 2008
  
Date03/27/2009
Volume367
Part3
Page No.485
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.C6918
CategoryAward
Award Code 141  
Date Posted03/26/2009

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SERIAL C6918

 

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.

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