Sydney Cricket and Sports Ground Trust (Event Day
Employees) Award 2014
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Sydney Cricket and Sports Ground Trust.
(No. IRC 748 of 2014)
|
Before Commissioner Newall
|
30 October 2014
|
AWARD
PART A - CONDITIONS
1. Arrangement
PART A - CONDITIONS
Clause No. Subject
Matter
1. Arrangement
2. Title
3. Parties
Bound by this Award
4. Operation
and Duration of this Award
5. Intention
6. Classifications
and Rates of Pay
7. Superannuation
8. Payment
of Wages
9. Consecutive
Employment Terms
10. Minimum
Engagement
11. Meal
Breaks
12. Meal
Discount
13. Uniforms
14. Overtime
15. Public
Holidays
16. Long
Service Leave
17. Transport,
Security and Related Matters
18. Employee
Consultation
19. Provision
and Use of Staff Seating
20. Implementation
of the Non-Smoking Policy
21. Anti-Discrimination
22. Grievance
and Dispute Procedures
23. No Extra
Claims
24. Calculation
of Flat Hourly Rate
25. Award
Observance
26. Commitment
to Further Negotiations
27. Signing of
Award
PART B - RATES OF PAY
Monday to Sunday Flat Rate
Non Event Attendance Rate
Uniform Allowance
2. Title
This award will be known as the Sydney Cricket and Sports
Ground Trust (Event Day Employees) Award 2014 ("this award").
3. Parties Bound
By This Award
(a) This award is
binding upon:
1. Sydney
Cricket & Sports Ground Trust ("the employer"); and
2. The Media
Entertainment and Arts Alliance ("MEAA"), its officers and members
("the Union") in respect of all employees (whether members of the
MEAA or not) engaged by the session or by the hour for work done in connection
with the staging of a fixture being conducted by the employer (including an
employee who is also engaged by the employer to perform work in a different
position under a separate contract or weekly hiring).
(b) This award
shall not apply to an honorary official i.e. any person who is either a member
of the employer or who has previously acted in an honorary capacity in
performing functions for which wage rates are prescribed by this award.
4. Operation and
Duration of This Award
(a) This award
shall replace the the Sydney Cricket and Sports Ground Trust (Event
Day Employees) Award 2011 published 29 June 2012 (372 I.G. 1482) (an award of
the New South Wales Industrial Relations Commission).
(b) This award
shall operate on and from the first full pay period on or after 1 October 2014
and shall remain in force for as nominal term of three years.
5. Intention
(a) The principal
intentions of this award are:
1. To promote
harmonious industrial relations for the Sydney Cricket and Sports Ground Trust;
and
2. To maximise
standards of service to the public and members, measured against those applying
in the leisure and recreation industry nationally and internationally.
6. Classifications
and Rates of Pay
(a) Employees
employed under this award to work at day time, twilight and evening fixtures
shall receive the appropriate hourly rate for the applicable classification as
contained in Part B of this award from the first full pay period on or after 1
October 2014.
(b) The hourly
rates set out in Part B of this award incorporate an increase for all event day
work undertaken of 2.33% from the first full pay period on or after 1 October
2014, a further 2.5% increase from the first full pay period on or after 1
October 2015, and a further 2.5% increase from the first full pay period on or
after 1 October 2016.
(c) Employees
employed under this award shall be paid the non-event attendance rate as
contained in Part B of this award from the first full pay period on or after 1
October 2014.
(d) The rates of
pay set out in Part B - Rates of pay of this Award contain hourly rates of pay loaded
to compensate employees covered by this Award for all entitlements not
otherwise provided under this Award.
7. Superannuation
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.
8. Payment of
Wages
8.1 Period of payment
(a) Wages will be paid in arrears and on a
weekly basis, based on working hours performed in the period Monday to Sunday
(b) Wages will be paid no later than the
Thursday following the end of the previous pay period, unless the Trust and the
majority of employees agree to later payment.
8.2 Method of payment
Payment
of wages will be made via electronic funds transfer into an account nominated
by the employee with a bank, building society or credit union.
9. Consecutive
Employment Terms
Any employee who does not make himself or herself available
to perform work during any shift for a period of three months or more from the
cessation of their last engagement will be required to re-apply for their
position before being eligible for further engagements.
Prior to terminating the employment relationship the
employer will attempt to contact any employer who has not made himself or
herself available to inform them that they will be required to re-apply in
order to perform work at future events. The employer may, in exceptional
circumstances and at its sole discretion, waive the requirement for employees
to re-apply where they are absent for a period of three months or more.
10. Minimum
Engagement
The minimum engagement for all employees under this award
shall be four (4) hours to be worked consecutively, with the exception of
non-match day staff meetings and training sessions which shall be two (2) hours.
11. Meal Breaks
All employees rostered for more than four hours will receive
a minimum of one paid 20 minute break. These breaks will be coordinated by team
leaders and/or supervisors.
12. Meal Discount
Upon presentation
of the staff identification card, employees rostered to work on match days will
receive a 20 per cent discount off the normal purchase price for food and
beverage (excluding alcoholic beverages) purchased from any on-site food and
beverage outlet managed by our on-site catering service provider. This discount
does not apply to any third party catering or franchise arrangements.
13. Uniforms
(a) The employer
will provide a uniform to staff where applicable.
1. Uniforms will
consist of any SCGT apparel issued to staff during the course of their
employment including but not limited to; trousers, skirts, shirts, jackets,
vests, jumpers, ties, scarves, hats, armbands, wet weather jackets and name
badges.
(b) Where uniforms
are issued to staff other than on a daily basis;
1. All new
Employees who commenced after 1 October 2009 will be required to pay a $50.00
uniform bond on commencement of employment which shall be refunded when the
uniform is returned in good condition, fair wear and tear accepted.
2. The bond will
be paid via payroll deduction and can be made as one deduction of $50.00 or
instalments of $10.00 per deduction per pay over five pay periods.
3. The Employee
shall be responsible for the laundering of the uniforms. A laundry allowance of
$1.00 per shift shall be paid into the Employee’s nominated bank account.
4. Uniforms shall
remain the property of the Employer and shall be returned to the Employer on
the termination of an Employee’s employment.
5. All uniforms
issued to an employee are to be returned within two (2) months of the
Employee’s termination. Terminated Employees who do not return their full
uniform issue within two (2) months of termination will forfeit their deposit.
14. Overtime
(a) Overtime shall
be payable to an employee for all time worked:
1. In excess of
ten (10) hours per engagement on a particular event; or
2. In a day
generally observed as a public holiday.
(b) Overtime shall
be paid for at the rate of time and a half.
(c) Overtime rates
shall not apply for any attendance at non-event related meetings or training.
15. Public
Holidays
Public Holidays shall be paid for at the rate of time
and a half.
The days on which 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 or any proclaimed day in lieu
thereof for the State of New South Wales shall be holidays.
16. Long Service
Leave
(a) Subject to
clause 13(b) below, Long Service Leave entitlement will be governed by the Long
Service Leave Act, 1955 (NSW).
(b) The parties to
this award acknowledge that prior 30 September 2008, employees employed by the
Trust as match day employees (or event day employees) received an hourly rate
of pay which was loaded to compensate for entitlements arising from legislation
applying in the State of NSW in relation to long service leave.
17. Transport,
Security and Related Matters
(a) The employer
shall upon request of an individual employee provide a security escort from the
ground to the closest public transport late at night, where the employer is
able to provide it within a reasonable period of time.
(b) On any
particular event, an employee engaged as a Team Leader, Supervisor, Assistant
Supervisor, or who works one hour past the scheduled event finish time will be
eligible to park in MP1.
18. Employee
Consultation
(a) The Event Day
Staff Operations Committee (EDSOC) will meet during the life of this award to identify
and discuss workplace matters, which affect employees generally, but which are
not explicitly covered by this Award, such as staff facilities, uniforms,
training and other like workplace matters.
(b) The EDSOC will
be made up of management and employee nominated representatives. Wherever possible, all areas of match day
operations should be represented. Employee representatives will participate in
the EDSOC without loss of pay.
(c) The EDSOC will
meet as required, at a time suitable to both the employer and employees and at
the request of either party, but not less than quarterly.
(d) The operation
of the EDSOC in accordance with this clause does not override the dispute
settling procedure as contained in Clause 22 of this award.
19. Provision and
Use of Staff Seating
Where practicable, seating shall be provided to
employees where prolonged periods of standing would otherwise be required. The
use of such seating shall be subject to customer service requirements and
guidelines as reasonably determined by the Trust, having regard to its
Occupational Health and Safety obligations.
20. Implementation
of the Non-Smoking Policy
All employees shall have access to and shall abide by
and follow the procedures of the non-smoking policy developed by the employer
in relation to patrons smoking in and around the Trust venues.
21. Anti-Discrimination
(a) It is the
intention of the Trust 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 identify, age and
responsibilities as a carer.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
1. any conduct or act which is specifically exempted from
anti-discrimination legislation;
2. any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act
1977;
3. a party to this award from pursuing matters of unlawful
discrimination in any State or Federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
22. Grievance and
Dispute Procedures
19.1 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:
(a) The matter is
discussed between the staff member(s) and the supervisor involved. If the
matter is not resolved, then:
(b) The employee
may be required to provide in writing the substance of the grievance and state
the remedy sought.
(c) The matter is
then discussed between the staff member(s), the supervisor and the manager. If
the matter remains unresolved, then:
(d) The matter is
discussed between the staff member(s), the union delegate or staff member(s)
representative and the supervisor and/or Manager. If the matter remains
unresolved, then:
(e) The matter is
discussed between senior representatives of the organisation and the relevant
union and/or staff member(s) representative.
(f) 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.
(g) 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.
(h) At any stage
of this procedure, the employer may be represented by an industrial
organisation of employers and the employees may be represented by an industrial
organisation of employees.
(i) It
is agreed that the parties will not deliberately frustrate or delay these
procedures.
(j) Normal work
will continue without disruption while these procedures are followed.
23. No Extra
Claims
23.1 Subject to
clause 24, The parties agree that, during the term of this 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 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.
23.2 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 Award provisions.
24. Calculation of
Flat Hourly Rate
The rates in this award have been calculated on the
assumption that 60% of events fall in the period Monday to Saturday and 40% of
events fall on a Sunday or a public holiday.
Should this ratio change significantly, either party on
1 January each year can request a review of the rates to reflect the change.
25. Award
Observance
For the purpose of ensuring the observance of this
award, the employer will:
(a) subject to
prior consultation with the employer, provide that representatives of the MEAA
will have reasonable access to all places of work for the purposes of
interviewing and holding meetings with their members in non-work time; and
(b) ensure that a copy of this award and matters relating to
this award be posted on a notice board in a centrally located position.
26. Commitment to
Further Negotiations
The parties to this award agree to commence discussions
for a new award nine months prior to the expiration of the nominal term of this
award.
27. Signing of
Award
In recognition of their acceptance of the terms and
conditions of this award the parties have signed below as indicated.