Sydney Cricket and Sports Ground Trust (Maintenance Staff) Enterprise Award 2014

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Federation of Employers and Industries, Industrial Organisation of Employers and State Peak Council.

 

(No. IRC 747 of 2014)

 

 

AWARD

 

PART A

 

1.         Title

 

This enterprise award shall be known as the Sydney Cricket and Sports Ground Trust (Maintenance Staff) Enterprise Award 2014.

 

2.         Arrangement

 

PART A

 

Clause No.         Subject Matter

 

1.         Title

2.         Arrangement

3.         Parties

4.         Definitions

4A.      Contract of Employment

5.         Intent of the Enterprise Award

6.         Commitment to Improving Productivity, Efficiency and Flexibility

7.         Measures to Achieve Gains in Productivity, Efficiency and Flexibility

8.         Hours of Work

9.         Rostered Days Off

9A.      Commitment to Negotiations

10.       Apprentices

11.       Annual Leave

12.       Sick Leave

13.       Long Service Leave

14.       Parental Leave

15.       Bereavement Leave

16.       Jury Service

17.       Induction/Training

18.       Wage Rates

19.       Allowances

20.       No Extra Claims

21.       Payment of Wages

22.       Superannuation

23.       Public Holidays

24.       Consultative Committee

25.       Work Health and Safety

26.       Contracting of Works

27.       Trust Uniform and Personal Identification

28.       Tools

29.       Posting of Notices

30.       Union Delegate

31.       Fares and Travel Time

32.       Income Protection Insurance

33.       Grievance and Dispute Procedures

34.       Termination of Employment

35.       Redundancy

36.       Relationship to Parent Awards

37.       Anti-Discrimination  

38.       Area, Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

3.         Parties

 

3.1       The parties to this enterprise award are:

 

3.1.1    The Sydney Cricket and Sports Ground Trust; and

 

3.1.2    the following industrial organisations of employees that represent persons employed, or intending to be employed, in this enterprise:

 

3.1.2.1             CEPU Plumbing Division - NSW Branch

 

3.1.2.2             The Construction, Forestry, Mining and Energy Union (New South Wales Branch); and

 

3.1.2.3             The Electrical Trades Union of Australia, New South Wales Branch.

 

4.         Definitions

 

4.1       "Enterprise Award" means this enterprise award.

 

4.2       "Operative Date" means the first full pay period on or after 9 October 2014.

 

4.3       "Enterprise" and "Trust" means the Sydney Cricket and Sports Ground Trust and the Sydney Cricket and Sportsground Trust Division of Government Service.

 

4.4       "Union(s)" means:

 

4.4.1    CEPU Plumbing Division - NSW Branch

 

4.4.2    Construction, Forestry, Mining and Energy Union (New South Wales Branch) (CFMEU)

 

4.4.3    Electrical Trades Union of Australia, New South Wales Branch (ETU)

 

4.5       "TAFE" means the NSW Technical and Further Education Commission

 

4A  Contract of Employment

 

4A.1    "Full Time Employee" means a permanent employee engaged to work an average of 38 hours per week.

 

4A.2    "Casual Employee" means:

 

4A.2.1 an employee engaged and paid as such. Casual employees shall be paid an hourly rate equivalent to 1/38th of the weekly rate plus a loading of 20%. This loading is inclusive of the 1/12th annual holiday component. Casual employees shall not accrue leave entitlements under this Enterprise Award.

 

4A.2.2 Casual Employees shall be engaged to facilitate permanent employees accessing leave entitlements, or to meet operational requirements as necessary.

 

4A.2.3 A casual employee may be engaged by the Trust on a regular and systematic basis for a period not exceeding 13 weeks, provided that such time restriction will not apply in circumstances where a casual is engaged to replace an employee on long term sick leave or workers compensation.

 

5.         Intent of the Enterprise Award

 

5.1       This Enterprise Award has been negotiated to provide the vehicle by which the repair and maintenance operations of the Trust can be established in an efficient, flexible and productive manner.

 

5.2       The Trust, the unions and the employees each recognise that the work methods which were used in the past may not be consistent with the current needs of the enterprise. It is, therefore, important that change be introduced in a consultative, constructive and managed way in order to secure the future viability of the enterprise and hence the long-term job security of the employees, together with fair and equitable working conditions.

 

5.3       The parties therefore commit to co-operate in their collective efforts to achieve significant, lasting improvements in productivity, efficiency and flexibility, together with fair and equitable working conditions.

 

5.4       The parties anticipate that the Enterprise Award shall:

 

5.4.1    increase job satisfaction and security;

 

5.4.2    increase the skill levels of all members of the workforce with the implementation of the training program, tailored to meet the requirements of the work program;

 

5.4.3    increase Trust efficiency and profitability;

 

5.4.4    establish a management system that generates informed and democratic input from employees on all work-related issues;

 

5.4.5    ensure the development of a decisive, committed and responsive Trust decision-making structure that resources and supports the contributions of employees to workplace reform;

 

5.4.6    achieve change and progress through a process of communications, agreements and team work;

 

5.4.7    improve the competitive position of the Trust in the market;

 

5.4.8    protect and enhance the quality of the environment;

 

5.4.9    realistically ensure and promote equality of employment and shall preclude discrimination on the basis of sex, marital status, ethnic background, religious or political beliefs.

 

6.         Commitment to Improving Productivity, Efficiency and Flexibility

 

6.1       The parties to this Enterprise Award are committed to the continual development of flexibility regarding the functions performed by Trust maintenance staff.  The flexibility should be consistent with agreed productivity objectives and the removal of artificial demarcation work barriers by agreement, subject to competence and training.

 

6.2       The commitment extends to individual employees performing tasks which, while primarily involving the skills of the employee's classification, are incidental or peripheral to the primary task and enables the completion of the whole task.  Such incidental or peripheral tasks would be carried out giving due consideration to it being safe, legal, sensible and within the employee's competence.

 

6.3       Employees shall be required to perform all duties required by the Trust within their skill and competence. This clause is designed to ensure the elimination of demarcation barriers preventing an employee from performing the whole job.

 

6.4       In light of the commitment to productivity, efficiency and flexibility, employees agree to perform other works, such as preventative maintenance within the employees own trade area, on event days.

 

6.5       During the term of this Enterprise Award, the parties agree to confer on other productivity improvements.

 

7.         Measures to Achieve Gains in Productivity, Efficiency and Flexibility

 

The parties commit to using their best endeavours to achieve the following:

 

7.1       Monthly preventative maintenance checks are to be completed within the scheduled months;

 

7.2       An agreed percentage of breakdown work orders are to be completed within the given period; and

 

7.3       All pre-event inspections are to be completed by midday, the business day before the event, and event day maintenance requests are to be completed within the agreed time.

 

8.         Hours of Work

 

8.1       Ordinary hours of work

 

8.1.1    The ordinary hours of work shall be an average of 38 hours per week over a four week cycle which allows for the accrual of a rostered day off in accordance with clause 9 of this Enterprise Award. Such ordinary hours may be worked between the hours of 6.00am and 6.00 pm.

 

8.1.2    Notwithstanding 8.1.1, the parties acknowledge that the ordinary hours of work will generally be worked between the hours of 7.00 a.m. and 3.30 p.m. Such hours may be varied to accommodate operational requirements by agreement between the Trust and an employee, provided that such hours shall not be worked outside the span of hours specified in 8.1.1 without the payment of overtime.

 

8.2       During such hours employees shall be entitled to two paid rest breaks of ten minutes duration.  It is agreed that the current afternoon "smoko" will be taken at the end of the ordinary working hours each day.

 

8.3       In addition to the breaks specified in clause 8.2, employees shall be allowed one unpaid meal break each day of 30 minutes duration. Such break shall not count as time worked

 

8.4       Overtime

 

8.4.1    Subject to clause 8.1, all time worked at the direction of the Trust in excess of the ordinary hours provided for in clause 8 Hours of Work shall be overtime and paid at the rate of time and one half for the first two hours and double time thereafter.

 

8.5       All time worked at the direction of the Trust on weekends shall be paid as follows:

 

8.5.1    Prior to 12 noon on Saturday at the rate of time and one half for the first two hours and double time thereafter.

 

8.5.2    After 12 noon on Saturday at the rate of double time.

 

8.5.3    An employee required to work overtime on a Saturday shall be afforded at least 4 hours’ work or paid for 4 hours at the appropriate rate except where such overtime is continuous with overtime commenced on Friday.

 

8.5.4    On Sunday at the rate of double time.

 

8.6       In computing overtime and weekend penalties each day shall stand alone.

 

8.7       Crib Break

 

8.7.1    An employee working overtime shall be allowed a crib break of 20 minutes at the appropriate rate without deduction of pay after the completion of a minimum of 4 hours work provided that the employee continues work after such crib break. The crib break is to be given and taken at a mutually agreeable time as soon as practicable after the completion of the 4 hours worked.

 

8.7.2    The provision of 8.7.2 shall only apply to those employees engaged as Electricians previously falling within the scope of the Electricians, &c. (State) Award, and who are eligible to be members of the ETU and to those employees engaged as Plumbers previously falling within the scope of the Plumbers and Gasfitters (State) Award, and who are eligible to be members of the CEPU Plumbing Division - NSW Branch:

 

Unless the period of overtime is less than 1 ½ hours an employee before starting overtime after working ordinary hours shall be allowed the crib break of 20 minutes which shall be paid for at ordinary rates. The Trust and employee may agree to any variation of this provision to meet the circumstances of the work in hand provided that the Trust shall not be required to make any payment in respect of any time allowed in excess of 20 minutes. Subject to any agreement reached in accordance with this provision, this crib break will be taken immediately after the afternoon smoko prior to starting overtime.

 

8.7.3    The provision of 8.7.3 shall only apply to employees employed as carpenter, painter and labourer, and who are eligible to be members of the CFMEU:

 

When an employee is required to work overtime after the usual ceasing time for the day for two hours or more, the employee shall be allowed to take at the employees ordinary rate of pay a crib break of 20 minutes in duration immediately after ceasing time. This crib break will be taken immediately after the afternoon smoko prior to starting overtime.

 

8.8       Rest Period After Overtime

 

8.8.1    When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have a rest period of at least 10 consecutive hours following the completion of such duty.

 

8.8.2    An employee who works so much overtime between the termination of ordinary work on one day and the commencement of ordinary work the following day that he/she has not had at least the rest period specified in 8.8.1 off duty between those times, shall subject to this subclause, be released after the completion of such overtime until he/she has had the rest period specified in 8.8.1 off duty without loss of pay for ordinary working time occurring during such absence.

 

8.8.3    If on the instruction of the Trust, an employee resumes or continues to work without having had ten consecutive hours off duty, the employee shall be paid at double ordinary time rates until the employee is released from duty for such period, and shall be entitled to be absent from duty without loss of pay for ordinary hours until the employee has had ten consecutive hours off duty.

 

8.9       Call Back

 

8.9.1    An employee recalled to work overtime after leaving the Trust’s premises (whether notified before or after leaving the premises) shall be paid a minimum of 4 hours’ work at the appropriate rate for each time he/she is so recalled.

 

8.9.2    Overtime worked in the circumstances specified in 8.9.1 shall not be regarded as overtime for the purposes of subclause 8.8, rest period after overtime, when the actual time worked is less than a total of 3 hours.

 

 8.9.3   The provision of 8.9.3 shall only apply to those employees engaged as Electricians previously falling within the scope of the Electricians, &c. (State) Award, and who are eligible to be members of the ETU and to those employees engaged as Plumbers previously falling within the scope of the Plumbers and Gasfitters (State) Award, and who are eligible to be members of the CEPU Plumbing Division- NSW Branch.

 

In the case of an unforeseen circumstance arising resulting in an employee being called back, the employee shall not be required to work the full 4 hours if the job he/she was recalled to perform is completed in a shorter period.

 

8.10     Transport home from work

 

The provisions of 8.10 of this Enterprise Award shall only apply to those employees engaged as Electricians previously falling within the scope of the Electricians, &c. (State) Award, and who are eligible to be members of the ETU and to those employees engaged as Plumbers previously falling within the scope of the Plumbers and Gasfitters (State) Award, and who are eligible to be members of the CEPU Plumbing Division - NSW Branch.

 

Where an employee, after having worked overtime, or a shift for which he/she has not been regularly rostered, finishes work at a time when reasonable means of transport are not available immediately upon completion of that overtime or shift, the Trust shall provide him/her with a conveyance to his/her home or pay him/her his/her current wage rate for the time reasonably occupied in reaching his/her home.

 

8.11     Standing By

 

The provisions of 8.11 of this Enterprise Award shall only apply to those employees engaged as Electricians previously falling within the scope of the Electricians, &c. (State) Award, and who are eligible to be members of the ETU:

 

Subject to any custom now prevailing under which an employee is required regularly to hold him/herself in readiness for a call back, an employee required to hold him/herself in readiness to work after ordinary hours shall until released be paid standing-by time at ordinary rates for the time from which he/she is told to hold him/herself in readiness.

 

9.         Rostered Days Off

 

9.1       The parties acknowledge and agree that the following provisions shall apply in respect of rostered days off:

 

9.1.1    Employees shall be entitled to accrue one rostered day off in the nominated work cycle;

 

9.1.2    Where circumstances prevent the taking of rostered days off within the nominated work cycle in accordance with 9.1.1 above, employees may not accumulate more than a maximum of 5 rostered days off at any one time;

 

9.1.3    The rostered day off shall be taken at a time mutually agreed to between the Trust and the employee; and

 

9.1.4    An employee who is required to work on their rostered day off shall be entitled to take an alternative day off agreed between the Trust and the employee.

 

9A. Commitment to Negotiations

 

9A.1    The parties will discuss hours of work patterns (including the nine day fortnight) in the workplace. Variation to the existing hours of work patterns will only occur by agreement between the parties and where they meet organisational requirements and are cost neutral. Nothing in this subclause will alter the rights and obligations contained in other provisions of this Enterprise Award.

 

10.       Apprentices

 

10.1     Term of Apprenticeship

 

10.1.1 The period of apprenticeship for the trades referred to in this Enterprise Award shall not exceed four years. 

 

10.1.2 Apprentices shall for every day of absence from their work during any year of the term of apprenticeship without the consent of the Trust serve one day at the end of the calendar period of any such year of their apprenticeship if required so to do by the Trust and the calendar period of the next succeeding year of apprenticeship shall be deemed not to begin until the said additional day or days have been served: Provided that in calculating the extra time to be so served the apprentice shall be credited with time which the employee has worked during the relevant year in excess of their ordinary hours of service.

 

10.2     Limitation of Overtime

 

10.2.1 No apprentice under the age of 18 years shall be required to work overtime unless the employee so desires.

 

10.2.2 No apprentice shall, except in an emergency work or be required to work overtime at times which would prevent their attendance at technical school as required by any statute, award or regulation application to the apprentice.

 

10.2.3 An apprentice shall not work overtime except under the direction of a tradesperson.

 

10.3     Prohibition of Labouring Work

 

10.3.1 An apprentice shall be deemed to be working at the trade when working in association with a tradesperson upon the material and with the tools of trade usually used by a tradesperson, as the case may be.

 

10.3.2 An apprentice shall not perform any other work than with the materials and tools of trade usually used by a tradesperson, as the case may be.

 

10.4     Termination of Employment of Trainee Apprentices

 

10.4.1 Two weeks' notice of the termination of employment shall be given by either party.

 

10.5     TAFE Fees

 

10.5.1 The fees for attending such school or correspondence class shall be paid by the Trust by whom the apprentice is employed. Such fees shall be paid at the beginning of each school year. The obligation of the Trust in regard to fees payable in respect of apprentices undergoing studying the certificate diploma or degree courses shall be limited to those prescribed for the appropriate trade course.

 

10.6     School Based Apprentices

 

10.6.1 Progression through Wage Structure

 

10.6.1.1          School based apprentices progress through the wage scale at the rate of 12 months' progression for each two years of employment as an apprentice, provided that such apprentice satisfies the requirements of the Vocational Training Order issued by the NSW Department of Education and Training (DET) relevant to the trade being undertaken by the school based apprentice.

 

10.6.1.2          The rates of pay are based on a standard apprenticeship of four years (unless the apprenticeship is of three years duration). The rate of progression reflects the average rate of skill acquisition expected from the typical combination of work and training for a school based apprentice undertaking the applicable apprenticeship.

 

10.6.2 Conversion from a school based to a full time apprenticeship

 

Where an apprentice converts from a school based to a full-time apprenticeship, all time spent as a full-time apprentice counts for the purpose of progression through the wage scale set out in this  Enterprise Award. This progression applies in addition to the progression achieved as a school based apprentice.

 

10.6.3 Conditions of employment

 

10.6.3.1          Except as provided by this Enterprise Award, school based apprentices are entitled to pro-rata entitlements and all other conditions of employment contained in this Enterprise Award.

 

10.6.3.2          The school based apprentice shall be allowed, over the duration of the apprenticeship, the same amount of time to attend off-the-job training as an equivalent full-time apprentice.

 

10.6.3.3          For the purposes of this sub-clause, off-the-job training is structured training delivered by a Registered Training Organisation separate from normal work duties or general supervised practice undertaken on the job.

 

10.6.3.4          The duration of the apprenticeship shall be as specified in the training agreement or contract for each apprentice. The period so specified to which the apprentice wage rates apply shall not exceed 6 years.

 

10.7     Disputes and disciplinary matters

 

The Settlement of Dispute provisions of this Enterprise Award, subject to the provisions of the Apprenticeship and Traineeship Act 2001, shall apply for the resolution of disputes and disciplinary matters. This means that in the event that a dispute cannot be resolved at the enterprise level in accordance with the Settlement of Dispute provisions of this Enterprise Award, it will be first referred to the Vocational Training Tribunal in accordance with the Apprenticeship and Traineeship Act 2001. Then if necessary it will be referred to the Industrial Relations Commission of NSW.

 

10.8     Rate of Pay for school based apprentice

 

10.8.1 The hourly rates for full time apprentices as set out in this Enterprise Award shall apply to school based apprentices for total hours worked including time deemed to be spent off-the-job Training.

 

10.8.2 Where a school based apprentice is a full time school student, the time spent in off-the-job training for which the school based apprentice is paid is deemed to be 25 per cent of the actual hours worked on-the-job each week. The wages paid for training time may be averaged over the school term or year.

 

10.8.3 Where this Enterprise Award specifies a weekly rate for full time apprentices the hourly rate shall be calculated by dividing the applicable weekly rate by 38.

 

11.       Annual Leave

 

11.1     Annual leave

 

11.1.1 Subject to the Annual Holidays Act 1944; Annual leave accrues at 4 weeks per year, with such leave to be taken in accordance with the Annual Holidays Act 1944, within six months of the leave becoming an entitlement.  The Trust sees annual leave as being important to the health and well being of the employees and their families and therefore encourages employees to take their annual leave each year.

 

11.1.2 The parties commit to reducing annual leave accruals in accordance with the Annual Holidays Act 1944 by end of the nominal term of this Enterprise Award, specifically ensuring that annual leave accruals are maintained in accordance with the provisions of the Act.

 

11.2     Annual Leave Loading

 

11.2.1 In this subclause the Annual Holidays Act 1944, is referred to as "the Act".

 

11.2.2 Before an employee is given and takes his/her annual holiday, or, where by agreement between the Trust and employee the annual holiday is given and taken in more than one separate period, then before each of such separate periods, the Trust shall pay the employee a loading determined in accordance with this subclause. 

 

11.2.3 The loading is payable in addition to the pay for the period of annual holiday given and taken and due to the employee under the Act and this Enterprise Award.

 

11.2.4 The loading is to be calculated in relation to any period of annual holiday to which the employee becomes or has become entitled under the Act and this Enterprise Award and where such annual holiday is given and taken in separate periods, then in relation to each such separate period.

 

11.2.5 The loading is the amount payable for the period or the separate period, as the case may be, stated in subclause 11.2.2 of this subclause at the rate per week of 17½ per cent of the appropriate ordinary wage rate calculated in accordance with the provisions of subclause 18.1 for the classification in which the employee was employed immediately before commencing his/her annual holiday but shall not include any other allowances, penalty or disability rates, commissions, bonuses, incentive payments, overtime rates or any other payments prescribed by this Enterprise Award.

 

11.2.6 No loading is payable to an employee who takes an annual holiday wholly or partly in advance:  Provided that, if the employment of such an employee continues until the day when he/she would have become entitled under the Act to an annual holiday, the loading then becomes payable in respect of the period of such annual holiday and is to be calculated in accordance with 11.2.5 applying the  Enterprise Award rates of wages payable on that day.

 

11.2.7 Where in accordance with the Act the Trust's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or leave without pay to the employee concerned:

 

(1)       an employee who is entitled under the Act to an annual holiday and who is given and takes such annual holiday shall be paid the loading calculated in accordance with subclause 11.2.5.

 

(2)       an employee who is not entitled under the Act to an annual holiday and who is given and takes leave without pay shall be paid in addition to the amount payable to him under the Act such proportion of the loading that would have been payable to him under this subclause if he/she had become entitled to an annual holiday prior to the close‑down as his/her qualifying period of employment in completed weeks proportionate to 52 weeks.

 

11.3     Annual Leave Loading on Termination of Employment

 

11.3.1 When the employment of an employee is terminated by the Trust for a cause other than misconduct and at the time of the termination the employee has not been given and has not taken the whole of an annual holiday to which he/she became entitled he/she shall be paid a loading calculated in accordance with subclause 11.2.5 for the period not taken.

 

11.3.2 Except as provided by subclause 11.3.1 of this paragraph no loading is payable on the termination of an employee's employment.

 

12.       Sick Leave

 

12.1     Sick leave entitlement

 

12.1.1 A full-time employee who has been employed for less than five years shall be entitled to 10 days sick leave per annum.

 

12.1.2 A full-time employee who has been employed for more than five years shall be entitled to 20 days sick leave per annum during the sixth and subsequent years of service.

 

12.2.3 A full-time employee in the first year of employment with the Trust shall be entitled to 2.5 days sick leave every three months.

 

12.2     Conditions of sick leave

 

12.2.1 Employees are committed to reducing the amount of sick leave.

 

12.2.2 Where an employee is absent for more than one consecutive day, or more than five days in an anniversary year, the employee may be required to provide the Trust with a doctor’s certificate or statutory declaration, stating the nature of the illness and the expected duration of the absence

 

12.3     Untaken sick leave is cumulative from year to year, however such leave is not payable on termination of employment.

 

12.4     Workers Compensation and Sick Leave

 

12.4.1 If an employee is suffering from an illness or injury for which a workers’ compensation claim is made, the employee shall be paid sick leave while waiting for the claim to be approved provided that:

 

12.4.1.1          An appropriate medical certificate is produced.

 

12.4.1.2          The employee has sick leave accrued.

 

12.4.1.3          And further provided that:

 

12.4.1.3.1       There shall be no double counting of workers’ compensation and sick leave.

 

12.4.1.3.2       If the claim is approved the employee’s sick leave entitlements will be re-credited.

 

12.5     Personal/Carers Leave

 

12.5.1 Use of Sick Leave for the Purpose of Personal Carers Leave

 

12.5.1.1          An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph 12.5.1.3 of paragraph 12.5, 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 12

 

12.5.1.2          The employee shall, if required,

 

(a)        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, or

 

(b)        establish by production of documentation acceptable to the Trust or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

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.

 

12.5.1.3          The entitlement to use sick leave in accordance with this subclause is subject to:

 

12.5.1.3.1       the employee being responsible for the care of the person concerned; and

 

12.5.1.3.2        the person concerned being:

 

(a)        a spouse of the employee; or

 

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

 

(c)        a child or an adult child (including an adopted child, a step child, a foster child or an ex nuptial 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 of the same household, where for the purposes of this subparagraph:

 

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.

 

12.5.1.4          An employee shall, wherever practicable, give the Trust 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 Trust by telephone of such absence at the first opportunity on the day of absence.

 

Note:  In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the Trust and employee shall discuss appropriate arrangements which, as far as practicable, take account of the Trust’s and employee’s requirements.

 

Where the parties are unable to reach agreement the disputes procedure at Clause 33 should be followed.

 

12.6     Unpaid Leave for Family Purpose

 

12.6.1 An employee may elect, with the consent of the Trust, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subclause 12.5.1.3.2 who is ill or who requires care due to an unexpected emergency.

 

12.7     Annual Leave for the Purpose of Personal/Carers Leave

 

12.7.1 An employee may elect with the consent of the Trust, to take annual leave not exceeding ten days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

12.7.2 Access to annual leave, as prescribed in paragraph 12.7.1 of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this Enterprise Award.

 

12.7.3 An employee and the Trust 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.

 

12.7.4 An employee may elect with the Trusts agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

 

12.8     Time Off in Lieu of Payment for Overtime for the Purpose of Personal/Carers Leave

 

12.8.1 An employee may elect, with the consent of the Trust, to take time off in lieu of payment for overtime at a time or times agreed with the Trust within 12 months of the said election.

 

12.8.2 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.

 

12.8.3 If, having elected to take time as leave in accordance with paragraph (a) of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the 12 month period or on termination.

 

12.8.4 Where no election is made in accordance with the said paragraph (a), the employee shall be paid overtime rates in accordance with this Enterprise Award.

 

13.       Long Service Leave

 

13.1     For long service leave refer to the  Long Service Leave Act 1955 (NSW).

 

14.       Parental Leave

 

14.1     For unpaid parental leave and related entitlements refer to the Fair Work Act 2009 (Cth) as extended by Chapter 6, Part 6-3, Division 2.

 

15.       Bereavement Leave

 

15.1     An employee, other than a casual employee, shall be entitled to up to two days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in subclause 12.5.1.3.2.

 

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

 

15.3     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 as set out in subclause 12.5.1.3.2 of Clause 12.5 - Personal/Carer’s Leave of this Enterprise Award, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

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

 

15.5     Bereavement leave may be taken in conjunction with other leave available under this Enterprise Award.  In determining such a request the Trust will give consideration to the circumstances of the employee and the reasonable operational requirements of the business.

 

15.6     Bereavement Entitlement for Casual Employees

 

(a)        Subject to the evidentiary and notice requirements in Clause 15.2 casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 12.5.1.3.2 of Clause 12.5 - Personal/Carer’s Leave of this Enterprise Award.

 

(b)        The Trust and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (ie two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

(c)        The Trust must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The right of the Trust to engage or not engage a casual employee are otherwise not affected.

 

16.       Jury Service

 

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

 

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

 

17.       Induction/Training

 

17.1     All new employees of the Trust will attend an induction course. The purpose of the induction is to ensure each new employee is familiar with the Trust's operations, methods of work and to ensure that they are clearly instructed in and fully understand the Trust's expectations of them in regard to safety, quality, work performance, flexibility and attitude.

 

17.2     The induction shall include information of the following:

 

scope, purpose and general briefing on the contract;

 

familiarisation with, and adherence to, the terms of employment contained within the agreement governing each employee's contract of employment;

 

adherence to legislative, site and employer safety standards and requirements;

 

co-operative objectives regarding goals that the Trust has while carrying out the contract;

 

specific reference to the application of the Avoidance of Disputes -grievance procedure and continuous operations clauses;

 

outline of House Rules, including disciplinary procedures;

 

industrial organisations represented on site.

 

17.3     Trade Union Training Leave

 

The provisions of this subclause shall only apply to those employees previously falling within the scope of the Building Employees Mixed Industries (State) Award and who are eligible to be members of the CFMEU and those employees previously falling within the scope of the Plumbers and Gasfitters (State) Award and who are eligible to be members of the CEPU Plumbing Division - NSW Branch..

 

17.3.1              Subject to all qualifications in this clause, an employee appointed or elected as an accredited representative of the union [as defined] to which he/she belongs shall, upon application in writing to the Trust, be granted up to [5] five days leave with pay each calendar year non-cumulative to attend courses conducted or approved by an accredited training provider as agreed by the parties.

 

17.3.2              Such Courses shall be designed and structured with the objective of promoting good industrial relations within the offsite building and construction industry associated with mixed enterprises.

 

17.3.3              Consultation may take place between the parties and the accredited training provider as agreed by the parties, where appropriate, in the furtherance of this objective.

 

17.3.4              For the purpose of this clause an "accredited" representative of the union shall mean a steward/delegate recognised by the Trust.

 

17.3.5              The following scale shall apply:

 

No. of Employees	Maximum Number of Employees	Maximum No. of
Covered by this Enterprise Award	Eligible to Attend Per Year	Days Permitted
Up to 15	1	5
16 - 30	2	10
31 - 50	3	15
51 - 100	4	20
101 and over	5	25

 

17.3.6              The application for leave shall be given to the Trust at least 6 weeks in advance of the date of commencement of the course. The application for leave shall contain the following details:

 

(a)       The name of employee seeking the leave;

 

(b)       The period of time for which the leave is sought [including course dates and the daily commencing and finishing times]; and

 

(c)        The title, general description and structure of the course to be attended and the location of where the course is conducted.

 

17.3.7              The Trust shall advise the union within seven clear working days [Monday to Friday] of receiving the application as the whether or not the application for leave has been approved.

 

17.3.8              The time of taking leave shall be arranged so as to minimise any adverse effect on the Trusts operations. The onus shall rest with the Trust to demonstrate an inability to grant leave when an eligible employee is otherwise entitled.

 

17.3.9              The Trust shall not be liable for any additional expenses associated with an employee’s attendance at a course other than the payment of ordinary time earnings for such absence. For the purpose of this clause ordinary time earnings shall be defined as the relevant Enterprise Award classification rate including supplementary payments, shift work loadings where relevant plus over-award payments where applicable.

 

17.3.10           Leave rights granted in accordance with this clause shall not result in additional payment or alternative time off to the extent that the course attended coincides with an employee’s day off in the 19 day month work cycle or with any concessional leave.

 

17.3.11           An employee on request by the Trust shall provide proof of their attendance at any course within 7 days. If an employee fails to provide such proof the Trust may deduct any amount already paid for attendance from the next week’s pay or from any other monies due to the employee.

 

17.3.12           Where an employee is sick during a period when leave pursuant to this clause has been granted proof of attendance at the course is not required for that period and the employee shall receive payment, if entitled, under the provisions of Clause 12 of this Enterprise Award.

 

17.3.13           Leave of absence granted pursuant to this clause shall count as service for all purposes of this Enterprise Award.

 

18.       Wage Rates & Employee Related Cost Savings

 

18.1     The rates of pay for employees covered by this Enterprise Award are set out in Table 1 - Rates of Pay, of Part B, Monetary Rates.

 

18.2     Employees covered by this Enterprise Award shall be paid the rates of pay as set out in Column One of Table 1 of Part B from the first full pay period on or after 9 October 2014.

 

18.3     Employees covered by this Enterprise Award shall be paid the rates of pay as set out in Column Two of Table 1 of Part B from the first pay period on or after 9 October 2015.

 

18.4     Employees covered by this Enterprise Award shall be paid the rates of pay as set out in Column Three of Table 1 of Part B from the first pay period on or after 9 October 2016.

 

19.       Allowances

 

19.1     Sewer Choke Allowance

 

19.1.1 If an employee is employed upon any chokage or oil chokage (other than domestic) and is required to open up any soil pipe, waste pipe or drain pipe conveying offensive material, or scupper containing sewerage, he/she shall be paid an additional amount of $6.14 per day or part of a day.

 

19.2     Height Allowance

 

19.2.1 An employee working on a building or structure of a height of 15 metres or more directly above a substantial level surface shall be paid a height allowance 0.54 cents per hour and an additional 0.54 cents per hour for each further 15 metres increase in the height at which he/she is working.

 

19.2.2 An employee working on any building or structure in a bosun's chair or swinging scaffold at a height up to 15 metres directly above a substantial level surface shall be paid a height allowance 0.54 cents per hour and an additional amount 0.54 cents per hour for each further 15 metres increase in the height at which he/she is working.

 

The allowances specified in 19.1 and 19.2 shall be increased annually in accordance with the State Wage Case Decision of the Industrial Relations Commission of New South Wales. No other rate or allowance specified in this Enterprise Award shall be subject to variation in accordance with this decision.

 

19.3     Higher Duties Allowance

 

19.3.1 In the event of the leading hand employee being absent for a period of 5 consecutive days or more, a replacement employee may be appointed as the acting leading hand by the Trust and shall receive the leading hand rate for all work performed Monday - Friday falling within the ordinary hours of work.

 

19.3.2 All work performed on weekends or as overtime shall be paid at the employee’s ordinary rate of pay plus the appropriate loadings prescribed by this Enterprise Award.

 

19.3.3 In the event of a supervisory employee other than a leading hand being absent for a period of 5 or more consecutive days, a replacement employee may be appointed by the Trust and this employee shall receive an allowance of $2.05 per hour for all ordinary hours of work.

 

19.3.4 All work performed on weekends or as overtime shall be paid at the employee’s ordinary rate of pay plus the appropriate loadings prescribed by this Enterprise Award.

 

19.4     Living Away From Home

 

19.4.1 Trust employees shall be paid an allowance for all meals, travel and accommodation expenses incurred when required to perform work away from home. Such allowances shall be paid in accordance with the rates specified in circulars released by the Department of Premier and Cabinet. The rates shall be based on the most recent circular released.

 

19.5     No additional special rates or allowances shall be applicable other than those specified by this clause.

 

20.       No Extra Claims

 

20.1     The parties agree that, during the term of this Enterprise Award, there will be no extra wage claims, claims for improved conditions of employment or demands made with respect to the employees covered by the Enterprise Award and, further, that no proceedings, claims or demands concerning wages or conditions of employment with respect to those employees will be instituted before the Industrial Relations Commission or any other industrial tribunal.

 

20.2     The terms of the preceding paragraph do not prevent the parties from taking any proceedings with respect to the interpretation, application or enforcement of existing Enterprise Award provisions.

 

21.       Payment of Wages

 

21.1     Wages shall be paid fortnightly into the employee's account by means of electronic funds transfer.

 

21.2     Employees are required to nominate an appropriate account held with a bank, building society or credit union for the purpose of payment of wages.

 

21.3     The pay period shall commence on a Wednesday and end at the end of usual time on a Tuesday the following fortnight.

 

21.4     On the commencement of this Enterprise Award, the Trust shall notify the employee of the day of the fortnight upon which the employee is to be paid his/her wages and allowances and such day shall be recorded in the employees wages and/or service record as pay day.

 

21.5     Pay day is usually Thursday each fortnight. Payments shall be paid and available to the employee not later than the cessation of ordinary hours of work on Thursday of each working fortnight.

 

21.6     Upon termination of employment, wages and allowances due to an employee shall be paid to the employee on the day of such termination by electronic funds transfer or forwarded to the employee by e-mail/post on the next working day.

 

21.7     If wages are not paid on pay day, except where the default has not been caused by the Trust, a penalty of payment of 2 hours at ordinary rates shall be incurred and shall be paid together with the normal pay by midday on the next working day after pay day.

 

22.       Superannuation

 

22.1     The subject of superannuation legislation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints Act 1993 (Cth), and s124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

23.       Public Holidays

 

23.1     The following days shall be observed as public holidays; New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day and any other day that is gazetted and proclaimed to operate throughout the State.

 

23.2     An employee who is not required to work on such day shall be paid a day's ordinary wages for each gazetted public holiday proclaimed to operate throughout the State and which falls on a day on which they would have ordinarily worked.

 

Employees shall receive an additional day in recognition of the union picnic day. This day shall be observed on the relevant date in December each year or an alternate date in December may be substituted by mutual agreement.

 

23.3     Employees required to work on such a public holiday specified in clause 23.1 and 23.2 shall be paid at the rate of double time and one half for a minimum of 4 hours for all time worked.

 

23.4     An employee shall not be entitled to payment for a holiday if he/she is absent from work without reasonable excuse; or without the consent of the Trust; on the ordinary working day before or the ordinary working day after a holiday.

 

24.       Consultative Committee

 

24.1     Composition of Consultative Committee

 

24.1.1 A Consultative Committee shall continue to assist management in the implementation of initiatives consistent with the intent of this Enterprise Award.

 

24.1.2 The Consultative Committee shall consist of three representatives of the workforce, elected by the workforce, and two representatives of management, who shall meet as frequently as the Committee determines is necessary. It is intended that the members of the Committee would be from a broad cross-section of the workforce.

 

24.1.3 The Consultative Committee shall appoint a suitable person to keep minutes of meetings and to provide an agenda for each meeting.

 

24.1.4 In an effort to provide further input into the Committee from time to time, the Committee may invite other representatives to attend the Consultative Committee meetings.

 

24.2     Scope of Tasks of the Consultative Committee -

 

24.2.1 The tasks to be undertaken by the Consultative Committee shall be broad and shall be in the best interests of the quality and task execution for the enterprise, consistent with this Enterprise Award.  The tasks to be undertaken shall include, but shall not necessarily be limited to, the following:

 

oversee the training programme content and evaluation criteria to suit the requirements of the Trust for the maintenance servicing of the Trust's assets;

 

facilitate the resolution of difficulties and problems which may arise;

 

contribute to the development of work rosters;

 

create feasible work methods to enhance productivity and efficiency;

 

develop concepts for productivity and efficiency improvements within the enterprise;

 

develop an open, participative and co-operative management approach;

 

promote team-based work methods;

 

assist with communication, participative and training programmes to bring about attitudinal and cultural change;

 

ensure propagation of experience, knowledge and skills at all levels.

 

25.       Work Health and Safety

 

25.1     Scope

 

25.1.1 Consistent with the Trust's obligations under the relevant Work Health and Safety legislation, prospective employees may be required to attend a duly qualified medical practitioner for examination at the Trust's expense prior to commencement of employment at the Trust.

 

25.1.2 The Trust shall comply with all the provisions of the Work Health and Safety legislation in New South Wales, which includes the provision of personal protective equipment for employees when utilising hazardous chemicals or working with noxious materials.

 

25.2     Work Health and Safety Committee

 

25.2.1 A Work Health and Safety Committee has been established pursuant to the relevant provisions of the Work Health and Safety Act 2011.  This Committee shall endeavour to reach consensus on all aspects of the Trust's Work Health and Safety Policy.  The Work Health and Safety Committee shall be separate and distinct from the Consultative Committee and shall not deal with matters of an industrial relations nature.

 

25.3     Employee Obligation

 

Employees are to comply with the Trust’s Work Health and Safety Policy, comply with Safe Work Method Statements (SWMS) and ensure no injuries occur consistent with the Work Health and Safety Act 2011.

 

25.4     First Aid

 

In the event of any serious accident happening to any employee whilst at work the Trust shall, at their expense, provide transport facilities to the nearest hospital or doctor.

 

26.       Contracting of Works

 

26.1     The Trust may require additional resources to meet the requirements of an increased workload.  The Trust may therefore engage the services of contractors to assist in meeting its contractual obligations.

 

26.2     The level of work undertaken by contractors in accordance with this clause shall be monitored in conjunction with the Consultative Committee.

 

26.3     The Trust shall take all steps to insure full utilisation of all staff employed under this Enterprise Award, and shall not engage contract services that will impact on the availability of work to full-time employees.

 

27.       Trust Uniform and Personal Identification

 

27.1     Trust Uniform

 

27.1.1 The Trust shall supply, free of charge to each employee, a uniform which shall be identified by the Trust logo.  The uniform supplied shall be worn at all times whilst on duty.

 

27.1.2 Each employee shall be issued with a set of clothing, on commencement of duty or at a suitable time afterwards, consisting of one pair of appropriate safety footwear; two pairs of shorts; two pairs of long pants; four shirts; one jumper or sloppy joe; one winter jacket; one set of wet weather gear; and personal protective equipment.

 

Such clothing shall be replaced on a fair wear and tear basis.

 

27.1.3 Employee's must maintain a neat appearance at all times consistent with operational requirements.

 

27.2     Personal Identification

 

27.2.1 Due to the requirement to liaise with members of the public and visitors, all employees shall be issued with a personal identity card which shall include the employee's name and photograph.

 

27.2.2 This card must be produced while on duty if required and must be returned to the Trust should the employee cease to be employed by the Trust for any reason.

 

28.       Tools

 

28.1     An employee shall apply due diligence towards the care of tools and equipment supplied by the Trust. An employee will, as soon as possible, report any lost or damaged tools on the appropriate report form. Periodic checks will be made by stores personnel of the tools and equipment issued.

 

28.2     The provisions of subclause 28.3 and subclause 28.4 shall only apply to those employees engaged as carpenters, painters and sign writers previously falling within the scope of the Building Employees Mixed Industries (State) Award and who are eligible to be members of the CFMEU and those employees engaged as plumbers previously falling within the scope of the Plumbers and Gasfitters (State) Award and who are eligible to be members of the CEPU Plumbing Division - NSW Branch.

 

28.3     An employee whose spectacles or hearing aids are genuinely damaged or destroyed by fire or spoiled by acids or sulphur or other deleterious substances due to the circumstances of the employee’s employment shall be recompensed by the Trust to the extent of the loss. The Trust will not recompense an employee whose spectacles or hearing aids are damaged as a result of negligence or mishap on the part of an employee, for example, in situations where such items are dropped by the employee or where the employee has failed to wear the appropriate personal protective equipment to prevent such damage.

 

28.4     An employee shall be reimbursed by the Trust to a maximum of 150% of that employee’s weekly wage for the loss of tools or equipment by fire or breaking and entering whilst securely stored at the Trust’s direction in a room or building on the Trust’s premises, job or workshop or in a lock-up, or if the tools are lost or stolen whilst being transported by the employee at the Trust’s direction between or on job sites, or if the tools are lost over water during such transit or if the tools are lost or stolen from the Trusts premises during an employee’s absence after leaving the job because of injury or illness. No reimbursement shall be made to an employee in the event that there tools or equipment are damaged or stolen whilst stored at the employee’s premises or in the employee’s vehicle with the exception of when such vehicle may be used as transportation at the Trust’s request between jobsites.

 

28.5     Sharpening Tools

 

28.5.1 The Trust shall supply suitable grinding stone or carborundum stone for the use of the employees. Where such grindstone or carborundum stone is not driven by mechanical power the Trust shall provide assistance in turning the grindstone and/or carborundum stone.

 

28.5.2 Saw sharpening and tool grinding may be done by the employee during the progress of the work or the Trust shall pay or shall provide the same.

 

28.6     The following provisions shall only apply to employees engaged as Electricians previously falling within the scope of the Electricians, &c. (State) Award and who are eligible to be members of the Electrical Trades Union (ETU):

 

28.6.1 Provision of tools

 

The Trust shall continue to provide such tools of trade as we customarily provided to them at the time of the making of this Enterprise Award.

 

28.6.2 Power tools

 

The Trust shall provide for the use of tradespersons and apprentices all power tools, special purpose tools, precision measuring instruments and electrical measuring and/or testing instruments where the use of such equipment is reasonable and necessary.

 

28.6.3 Carrying tools

 

An employee shall not be required to carry tools and/or materials exceeding 20 kilograms in weight to or from the job.

 

28.6.4 Storing employees’ tools

 

At each workshop or depot and at each job site, the Trust shall provide suitable free storage accommodation for employee’s tools. The Trust shall ensure that such tool storage and accommodation is as secure as practicable against unauthorised entry outside working hours.

 

28.6.5 Damage to tools

 

Compensation to the extent of the damage sustained shall be made where, in the course of the work, tools are damaged or destroyed by fire, or molten metal or through the use of corrosive substances; provided that the Trust’s liability shall be limited to such tools of trade as are ordinarily required for the performance of the employees duties.

 

29.       Posting of Notices

 

29.1     The Trust shall not prevent an official of the union at any reasonable time from posting or keeping posted a copy of this Enterprise Award or any notice of the union, not exceeding 35cm by 22cm, in a suitable place on any job.

 

30.       Union Delegate

 

30.1     An employee appointed as a job delegate shall upon notification by the union to the Trust be recognised as the accredited representative of the union to which the employee belongs and shall be allowed all necessary time during working hours to submit to the Trust matters affecting the employees the employee represents and further shall be allowed reasonable time during working hours to attend to job matters affecting their union. A job delegate shall notify the Trust’s representative and the union prior to the calling of any stop work meeting.

 

30.2     Prior to transfer or dismissal, excluding summary dismissal, 2 days’ notice shall be given to any job delegate and their appropriate union. In the event of the union disputing the decision of management to transfer or terminate the services of the job delegate the employee shall remain on the job during which time the Industrial Relations Commission shall deal with the matter.

 

31.       Fares and Travelling Time

 

31.1     When an employee, after reporting to the usual place of work, is required to perform work at another place the employee shall be paid all fares and travelling time incurred. When an employee is required to report for work at a place other than the usual place of work the employee shall be paid all fares reasonably incurred in excess of those the employee normally would incur attending at the usual place of work and shall be paid all travelling time in excess of that taken to reach the usual place of work.

 

31.2     Such allowances shall be paid in accordance with the rates specified in circulars released by the Department of Premier and Cabinet. The rates shall be based on the most recent circular released.

 

32.       Income Protection Insurance

 

32.1     Persons employed in accordance with this Enterprise Award shall be covered by the Sickness and Accident Income Protection Plan approved and endorsed by the Union parties to this Enterprise Award.  It is a term of this Enterprise Award that the Trust will bear the costs of 1.27% (inclusive of GST) of gross weekly pay per week per member towards providing income protection insurance.

 

33.       Grievance and Dispute Procedures

 

33.1     The aim of this procedure is to ensure that during the life of this Enterprise Award, industrial grievances or disputes are prevented, or resolved as quickly as possible, at the lowest level possible in the workplace. When a dispute or grievance arises, or is considered likely to occur, the following steps shall be followed:

 

33.1.1 The matter is discussed between the staff member(s) and the supervisor involved. If the matter is not resolved, then:

 

33.1.2 The employee may be required to provide in writing the substance of the grievance and state the remedy sought.

 

33.1.3 The matter is discussed between the staff member(s), the supervisor and the manager.  If the matter remains unresolved, then:

 

33.1.4 The matter is discussed between staff member(s), the union delegate or staff member's representative and the supervisor and/or manager.  If the matter remains unresolved, then:

 

33.1.5 The matter is discussed between senior representatives of the organisation and the relevant union and/or staff member(s) representative.

 

33.2     Each of the steps will be followed within a reasonable time frame, allowing sufficient time for discussions at each level of authority and having regard to the nature of the grievance or dispute.

 

33.3     If the matter remains unresolved, then, it may be referred by either party to the Industrial Relations Commission of New South Wales to exercise its functions under the Industrial Relations Act 1996. The parties agree to exhaust the conciliation process before considering this step.

 

33.4     At any stage of this procedure, the Trust may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees.

 

33.5     It is agreed that the parties will not deliberately frustrate or delay these procedures.

 

33.6     Normal work will continue without disruption while these procedures are followed.

 

34.       Termination of Employment

 

34.1     In order to terminate the employment of an employee the Trust shall give to the employee the following notice or pay in lieu of notice except where the circumstances of termination of employment fall within the provisions of Clause 35 - Redundancy, of this Enterprise Award:

 

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

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

 

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.

 

34.2     In order to terminate their employment an employee shall give the Trust two weeks notice or forfeiture of two week's wage,

 

34.3     Notwithstanding the provisions of subclause 34.1 the Trust shall have the right to dismiss any employee without notice for malingering, inefficiency, neglect of duty or misconduct and in such cases the wages shall be paid up to the time of dismissal only.

 

35.       Redundancy

 

35.1     Application

 

35.1.1 This clause shall apply in respect of persons employed in the classifications contained in this Enterprise Award.

 

35.1.2 If the Trust employs 15 employees or more immediately prior to the termination of employment of employees, see subclause 35.4 - Termination of Employment of this clause.

 

35.1.3 Notwithstanding anything contained elsewhere in this Enterprise Award, this Enterprise Award shall not apply to employees with less than one year's continuous service and the general obligation on the Trust 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.

 

35.1.4 Notwithstanding anything contained elsewhere in this Enterprise Award, this Enterprise Award shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

35.2     Introduction of Change

 

35.2.1 Trusts Duty to Notify

 

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

 

(2)       "Significant effects" include termination of employment, major changes in the composition, operation or size of the Trusts workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or location and the restructuring of jobs.

 

35.2.2 Trust's Duty to Discuss Change

 

(1)       The Trust shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause 35.2.1(1) the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

(2)       The discussion shall commence as early as practicable after a definite decision has been made by the Trust to make the changes referred to in subclause 35.2.1(1) of this clause.

 

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

 

35.3     Redundancy

 

35.3.1 Discussions Before Terminations

 

(1)       Where the Trust has made a definite decision that the Trust no longer wishes the job the employee has been doing done by anyone pursuant to subclause 35.2.1(1) and that decision may lead to the termination of employment, the Trust shall hold discussions with the employees directly affected and with the union to which they belong.

 

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

 

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

 

35.4     Termination of Employment

 

35.4.1 Notice for Changes in Production, Programme, Organisation or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the Trust for reasons arising from "production", "programme", "organisation" or "structure" in accordance with subclause 35.2.1(1) of this Enterprise Award.

 

(1)       In order to terminate the employment of an employee the Trust shall give to the employee the following notice:

 

Period of Continuous Service	Period of Notice
Less than 1 year	1 week
1 year and less than 3 years	2 weeks
3 years and less than 5 years	3 weeks
5 years and over	4 weeks

 

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

 

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

 

35.4.2 Notice for Technological Change

 

This subclause sets out the notice to be applied to terminations by the Trust for reasons arising from "technology" in accordance with subclause 35.2.1(1) of this Enterprise Award:

 

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

 

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

 

(3)       The period of notice required by this subclause to be given shall be deemed to be service with the Trust for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

35.4.3 Time Off During the Notice Period

 

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

 

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

 

35.4.4 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 Trust until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

35.4.5 Statement of Employment

 

The Trust 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.

 

35.4.6 Notice to Centrelink

 

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

 

35.4.7 Centrelink Separation Certificate

 

The Trust 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 Centrelink

 

35.4.8 Transfer to Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph 35.2.1 of subclause 35.2 above, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment has been terminated, and the Trust may at the Trust'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.

 

35.5     Severance Pay

 

35.5.1 Where an employee is to be terminated pursuant to subclause 35.4 of this clause, subject to further order of the Industrial Relations Commission, the Trust shall pay the employee the following severance pay in respect of a continuous period of service:

 

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

 

Years of Service Entitlement	Under 45 Years of Age
Less than 1 year	Nil
1 year and less than 2 years	4 weeks
2 years and less than 3 years	7 weeks
3 years and less than 4 years	10 weeks
4 years and less than 5 years	12 weeks
5 years and less than 6 years	14 weeks
6 years and over	16 weeks

 

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

 

Years of Service Entitlement	45 Years of Age and Over
Less than 1 year	Nil
1 year and less than 2 years	5 weeks
2 years and less than 3 years	8.75 weeks
3 years and less than 4 years	12.5 weeks
4 years and less than 5 years	15 weeks
5 years and less than 6 years	17.5 weeks
6 years and over	20 weeks

 

(3)       "Weeks pay" means the all purpose rate for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over-award payments, shift penalties and allowances paid in accordance with Clauses 18 - Wage Rates and Employee Related Cost Savings; 19 - Allowances, 28 - Tools of this Enterprise Award.

 

35.5.2 Incapacity to Pay

 

Subject to an application by the Trust and further order of the Industrial Relations Commission, the Trust may pay a lesser amount (or no amount) of severance pay than that contained in subclause 35.5 above.

 

The Commission shall have regard to such financial and other resources of the Trust concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 35.5 above will have on the Trust.

 

35.5.3 Alternative Employment

 

Subject to an application by the Trust and further order of the Commission, the Trust may pay a lesser amount (or no amount) of severance pay than that contained in subclause 35.5 above if the Trust obtains acceptable alternative employment for an employee.

 

36.       Relationship to Parent Awards

 

36.1     It is agreed that this Enterprise Award shall supersede and operate to the exclusion of any other industrial instrument, including any parent award that may have previously applied to employees covered by this Enterprise Award. To avoid doubt, this Enterprise Award will prevail in the event of any inconsistency between this Enterprise Award and the previous Enterprise and parent awards. Accordingly, it shall be read and interpreted as a stand-alone Enterprise Award.

 

37.       Anti-Discrimination

 

37.1     It is the intention of the parties bound by this Enterprise Award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 (NSW), to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identify, age and responsibilities as a carer.

 

37.2     Accordingly, in fulfilling their obligations under the dispute resolution procedures, the parties must take all reasonable steps to ensure that neither the Enterprise Award provisions nor their operation are directly or indirectly discriminatory in their effects.

 

37.3     Under the Anti-Discrimination Act 1977 (NSW), 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. 

 

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

 

37.4.1 any conduct or act which is specially exempted from anti-discrimination legislation;

 

37.4.2 offering or providing junior rates of pay to person under 21 years of age;

 

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

 

37.4.4 a party to this Enterprise Award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

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

 

NOTES:

 

(a)        The Trust 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"

 

38.       Area, Incidence and Duration

 

38.1     This Enterprise Award rescinds and replaces the Sydney Cricket and Sports Ground Trust (Maintenance Staff) Award 2011, published 29 June 2012 (372 IG 1507).

 

38.2     This Enterprise Award shall operate from the first full pay period on or after 9 October 2014 for a nominal period of three years.

 

PART B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

Classification		Rates operative	Rates operative	Rate operative
		on and from the	on and from the	on and from the
	Current Rate	First Full Pay	First Full Pay	First Full Pay
	of Pay	Period On	Period on	Period On
		or after	or after	or After
		9 October 2014	9 October 2015	9 October 2016
		2.33%	2.5%	2.5%
	$	$	$	$
Carpenter Leading Hand	32.5585	33.3171	34.15	35.0038
Carpenter	31.0643	31.7881	32.5828	33.3974
Electrician Leading Hand	35.8871	36.7233	37.6414	38.5824
Electrician	33.9753	34.7669	35.6361	36.527
Electrician Apprentice 1st	11.9756	12.2546	12.561	12.875
Year		0	0	0
Electrician Apprentice 2nd	15.6278	15.9919	16.3917	16.8015
Year		0	0	0
Electrician Apprentice 3rd	22.4330	22.9557	23.5296	24.1178
Year		0	0	0
Electrician Apprentice 4th	25.6818	26.2802	26.9372	27.6106
Year		0	0	0
Plumber Leading Hand	36.0253	36.8647	37.7863	38.731
Plumber	34.8645	35.6768	36.5687	37.4829
Painter Leading Hand	32.6046	33.3643	34.1984	35.0534
Painter	30.8207	31.5388	32.3273	33.1355
Painter Apprentice 1st Year	11.2734	11.5361	11.8245	12.1201
Painter Apprentice 2nd Year	16.0058	16.3787	16.7882	17.2079
Painter Apprentice 3rd Year	20.8261	21.3113	21.8441	22.3902
Painter Apprentice 4th Year	23.3552	23.8994	24.4969	25.1093
Labourer Grade 2	27.2727	27.9082	28.6059	29.321
Labourer Grade 3	29.1248	29.8034	30.5485	31.3122

 

 

 

 

P. J.  NEWALL, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.