Crown Employees (Office of Sport - Centre Managers)
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(No. IRC 706 of 2015)
Before Commissioner Stanton
|
17 November 2015
|
REVIEWED
AWARD
PART A
Arrangement
PART A
Clause No. Subject
Matter
1. Title
2. Definitions
3. Parties
4. Classifications
5. Appointment
and Qualification Requirements
6. Salaries
7. General Conditions
of Employment
8. Saving of
Rights
9. Hours of
Duty
10. Residential
Requirements
11. Compensation
for On-Call, Out-of-Hours, Weekend and Public Holiday Duty
12. Annual
Leave Loading
13. Deduction
of Union Membership Fees
14. Anti-Discrimination
15. No Extra
Claims
16. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Annual Allowance
APPENDIX 1
Centre Locations
1. Title
1.1 This award will
be known as the Crown Employees (Office of Sport - Centre Managers) Award.
2. Definitions
“Agency” refers to the Office of Sport.
“Agency Head” refers to the Chief Executive of the
Office of Sport.
"Centre" refers to a departmental residential
or non-residential venue (as listed at Appendix 1). It also includes any place designated as part
of, or as annex to, such a venue.
"Centre Manager" refers to an employee
occupying a role of Centre Manager in a residential Centre.
”Chief Executive” refers to the Chief Executive of the
Office of Sport.
"Director Commercial Services" refers to the
Director Commercial Services of the Sport and Recreation Division of the Office
of Sport.
"Industrial Relations Secretary" has the same
meaning as in the Government Sector Employment Act 2013.
"Employee" refers to and includes all persons
employed under the provisions of the Government
Sector Employment Act 2013 and who, as at the operative date of this award,
were occupying one of the roles covered by this award or who, after that date,
are appointed to or employed in any of such roles.
"Events Manager" refers to an employee
occupying a role of Events Manager at a non-residential Centre
"Operations Manager" refers to an employee
occupying a role of Operations Manager at a non-residential Centre.
"Program Coordinator" refers to an employee
occupying a role of Program Coordinator in a Centre.
"Service" refers to continuous service with
the Agency in a role covered by the award.
"Service Co-ordinator" refers to an employee
occupying a role of Services Co-ordinator in a Centre.
"Union" refers to the Public Service
Association and Professional Officers' Association Amalgamated Union of New
South Wales.
"Venue Manager" refers to an employee
occupying a role of Venue Manager at a non-residential Centre
3. Parties
3.1 This award has
been made between the following parties:
Industrial Relations Secretary
Office of Sport
Public Service Association and Professional Officers'
Association Amalgamated Union of New South Wales
4. Classifications
4.1 The classifications
covered by this award are:
Centre Manager (formerly known as General Manager)
Venue Manager
Program Coordinator (formerly known as Client Services
Coordinator)
Operations Manager
Events Manager
Service Co-ordinator
Roles at Centres which have rostered and/or on-call
responsibilities as determined by the relevant Director excluding Program
Staff, Catering Officers and Services Officers.
4.2 Roles are
classified in accordance with the classification and grading system approved by
the Industrial Relations Secretary.
5. Appointment and
Qualification Requirements
5.1 The appointment
or employment of employees to vacant roles will be in accordance with the
principles of merit. Employees appointed
to roles covered by this Award must possess relevant knowledge, skills and
experience.
5.2 In addition to
relevant knowledge, skills and experience, Program Coordinators are required to
possess tertiary qualifications in a relevant field as determined by the Executive
Director Sport and Recreation. Relevant
fields include, but are not limited to, Education, Arts, Social Sciences,
Applied Science, Health and Human Movement.
The minimum entry level qualification required is a degree or
alternatively, Certificate IV (Australian Qualifications Framework - AQF)
Outdoor Recreation and relevant industry experience.
6. Salaries
6.1 Salaries
payable to employees covered by this Award shall be in accordance with the Crown Employees (Public Sector – Salaries
2015) Award or any replacement award.
7. General Conditions
of Employment
7.1 Employees shall
be entitled to conditions of employment as set out in this award or, where this
award is silent, conditions of employment as provided for under the Government Sector Employment Act 2013,
the Government Sector Employment
Regulation 2014, the Government
Sector Employment Rules 2014 and the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 or
any replacement award.
8. Saving of Rights
8.1 At the time of
making of this Award, no employee covered by this Award will suffer a reduction
of their rate of pay or dimution in his or her conditions of employment as a
consequence of the making of this Award.
9. Hours of Duty
9.1 The contract
working hours will be 35 hours per week averaged over a four week period. Rostered hours of duty may include any day of
the week including Saturday, Sunday and public holidays.
9.2 Employees shall
be rostered for 19 days within a four week roster cycle.
9.3 Employees shall
not be rostered for more than 10 consecutive calendar days over any period.
9.4 Employees are
entitled to nine days rostered off duty including a minimum of two x two
consecutive rostered days off in any four week roster cycle. Where it is not possible to roster 9 days off
in a four week roster cycle, the days not taken may be carried over and
utilised in the next two roster cycles.
If not taken in the next two roster cycles the entitlement shall be forfeited,
subject to the provisions of subclause 9.5 of this Award.
9.5 Where
exceptional circumstances arise and it appears that the employee will not be
able to take rostered days off carried over in accordance with subclause 9.4 or
subclause 11.8 of this Award, the Director Commercial Services may approve the
rostered days off being carried forward provided the employee and their
supervisor devise a strategy in writing to ensure that the rostered days off
are taken. The identified strategy must be reported to and authorised by the
Director Commercial Services.
9.6 Hours of duty
shall be determined by way of roster, which shall be displayed in an area
available to all employees not less than seven days prior to the commencement
of the four week roster cycle.
9.7 Weekend and public
holiday duty is based on client demand at the Centre and shall be allocated
equitably between the employees covered by this Award.
10. Residential
Requirements
10.1 Employees
employed under this Award at residential venues may be required to reside
on-site. However, the Director Commercial Services has the authority to
consider exemptions from this requirement.
10.2 The manner in
which accommodation and food/meals are administered for employees shall be
consistent with the Agency’s Centre meals and accommodation policies.
11. Compensation for
on-Call, Out-of-Hours, Weekend and Public Holiday Duty
11.1 Employees are
entitled to an annual allowance as specified in Table 2 - Annual Allowance, of
Part B, Monetary Rates, and 25 days' recreation leave as compensation for
out-of-hours, weekend and public holiday work, for being on-call and for duty
undertaken after being "called" for duty. Recreation leave will be administered
consistent with general public sector provisions.
11.2 The annual allowance will be adjusted in accordance with the Crown Employees (Public Sector - Salaries
2015) Award or any replacement award.
11.3 "On
call" is defined as being available for additional duties, when not on
duty performing rostered weekly contract hours.
Employees are required to be on call to perform such additional duties
(e.g. emergencies) on a rostered basis.
11.4 On-call duty
shall be rostered equitably at each Centre between the employees covered by
this Award.
11.5 A Centre Manager
of a residential Centre may call for expressions of interest from employees in
roles other than those roles covered by this award who wish to be considered as
alternative on-call employees. This may only be instituted on a long-term basis
where there are only two roles covered by this award in the staffing
structure. No alternative employee can
be forced to assume on-call responsibilities.
Any such arrangement must be by agreement between the individual
employee and the Centre Manager and will be subject to the approval of the
Director Commercial Services. The
Director Commercial Services will determine if the nominated employee is
required to reside on-site.
11.6 The annual
allowance may also be paid on a short-term temporary basis to an employee in a
role other than those roles covered by this award when the normal recipient is
on leave for a period of at least one week.
The allowance is payable for the whole period of leave and not only for
those days that the temporary recipient is rostered on-call.
11.7 All on-call conditions
as determined by this clause shall apply to those employees elected. If an employee already receives an allowance
for similar after-hours responsibilities under another industrial instrument,
the total of their on-call duties will not exceed the total of their duties
under the first instrument.
11.8 Employees
required to be called for duty whilst not rostered on duty and not rostered on
call shall be entitled to the equivalent time off within the roster cycle. Where it is not possible for time off within
that cycle, the time may be carried forward for a maximum of two roster cycles
and must be taken in that period. If not taken the entitlement shall be
forfeited, subject to the provisions of subclause 9.5 of clause 9 Hours of Duty
of this Award.
11.9 The annual
allowance is an all-inclusive payment that represents compensation for all
incidences of employment.
11.10 No additional
entitlement accrues for employees who are called to perform duty whilst on
call.
12. Annual Leave
Loading
12.1 Employees are
entitled to an annual leave loading of 17.5% calculated on four weeks
recreation leave.
13. Deduction of Union
Membership Fees
13.1 The union shall
provide the Agency with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union’s rules.
13.2 The union shall
advise the Agency of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable shall be provided to
the Agency at least one month in advance of the variation taking effect.
13.3 Subject to
subclauses 13.1 and 13.2, the Agency shall deduct union fortnightly membership
fees from the pay of any employee who is a member of the union in accordance
with the union’s rules, provided that the employee has authorised the Agency to
make such deductions.
13.4 Monies so
deducted from the employee’s pay shall be forwarded regularly to the union
together with all necessary information to enable the union to reconcile and
credit subscriptions to employees’ union membership accounts.
13.5 Unless other
arrangements are agreed to by the Agency and the union, all union membership
fees shall be deducted on a fortnightly basis.
13.6 Where an
employee has already authorised the deduction of union membership fees from his
or her pay prior to this clause taking effect, nothing in this clause shall be
read as requiring the employee to make a fresh authorisation in order for such
deduction to continue.
14. Anti-Discrimination
14.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace.
This includes discrimination on the grounds of race, sex, marital
status, disability, homosexuality, transgender identity, age and
responsibilities as a carer.
14.2 It follows that,
in fulfilling their obligations under the Grievance and Dispute Settling
Procedures prescribed by the Crown
Employees (Public Sector – Salaries 2015) 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.
14.3 Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
14.4 Nothing in this
clause is to be taken to affect:
14.4.1 Any conduct or act which is specifically exempted from
anti-discrimination legislation;
14.4.2 Offering or providing junior rates of pay to persons under 21 years of age;
14.4.3 Any act or practice of a body established to propagate religion
which is exempted under section 56(d) of the Anti Discrimination Act 1977;
14.4.4 A party to this award from pursuing matters of unlawful
discrimination in any State or federal jurisdiction.
14.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
14.5.1 Employers and employees may also be subject to Commonwealth
anti-discrimination legislation.
14.5.2 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."
15. No Extra Claims
15.1 The no extra claims clause (clause 8)
contained in the Crown Employees (Public
Sector – Salaries 2015) Award shall apply to employees covered by this
award.
16. Area, Incidence
and Duration
16.1 This award shall
apply to all employees employed by the Office of Sport who, at the operative
date of this award, are employed in the classifications specified in Clause 4,
Classifications at the locations specified at Appendix 1 of this award.
16.2 The employees
regulated by this award will be entitled to the conditions of employment as set
out in this award and, except where specifically varied by this award, existing
conditions provided for by the Government
Sector Employment Act 2013 and Government
Sector Employment Regulation 2014, the Government
Sector Employment Rules 2014, the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 and
the Crown Employees (Public Sector -
Salaries 2015) Award or any replacement awards.
16.3 The changes made
to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial
Relations Act 1996 and Principle 26 of the Principles for Review of Awards
made by the Industrial Relations Commission of New South Wales on 28 April 1999
(310 I.G. 359) take effect on and from 17 November 2015.
16.4 Changes made to
this award subsequent to it first being published on published 26 December 2008
(366 I.G. 1492) have been incorporated into this award as part of the review.
16.5 The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Grades and salary rates for classifications in this
award are in accordance with the Crown
Employees Administrative and Clerical Officers - Salaries) Award 2007
Grades 4 to 12.
Allowance
|
1.7.15
|
|
Per annum
|
|
2.50%
|
|
$
|
Annual allowance (Clause 11)
|
10,775
|
Appendix 1
Centre Locations
Residential
Venues
Berry Sport and Recreation Centre
|
|
BERRY
|
2535
|
|
|
|
Borambola Sport and Recreation Centre
|
|
WAGGA WAGGA
|
2650
|
|
|
|
Broken Bay Sport and Recreation Centre
|
|
BROOKLYN
|
2083
|
|
|
|
Lake Ainsworth Sport and Recreation Centre
|
|
LENNOX HEAD
|
2478
|
|
|
|
Lake Burrendong Sport and Recreation Centre
|
|
MUMBIL
|
2820
|
|
|
|
Jindabyne Sport and Recreation Centre
|
|
JINDABYNE
|
2627
|
|
|
|
Lake Keepit Sport and Recreation Centre
|
|
GUNNEDAH
|
2380
|
|
|
|
Milson Island Sport and Recreation Centre
|
|
BROOKLYN
|
2083
|
|
|
|
Myuna Bay Sport and Recreation Centre
|
|
DORA CREEK
|
2264
|
|
|
|
Point Wolstoncroft Sport and Recreation Centre
|
|
GWANDALAN
|
2259
|
|
|
|
Sydney Academy of Sport and Recreation
|
|
NARRABEEN
|
2101
|
|
|
|
Non-Residential
Venues
|
|
Sydney International Equestrian Centre
|
|
HORSLEY PARK NSW
|
2164
|
|
|
|
Sydney International Shooting Centre
|
|
CECIL PARK NSW
|
2171
|
|
J. D. STANTON, Commissioner
____________________
Printed by the authority of the Industrial Registrar.