Sydney Olympic Park Authority Managed Sports Venues
Award 2016
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Office of Sport.
(Case No. 2016/00143498)
Before Commissioner Newall
|
2 June 2016
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Intention
4. Rates of
Pay
5. Classification
Levels
6. Income
Protection Plan
7. Hours of
Work
8. Full-Time,
Part-Time, Fixed Term and Casual Employees
9. Higher
Duties
10. Meal
Breaks
11. Overtime
12. Public
Holidays
13. Sick Leave
14. Personal
Carer’s Leave
15. Bereavement
Leave
16. Parental
Leave
17. Leave for Matters Arising From Domestic
Violence
18. Terms of
Engagement
19. Training
Wage
20. Payment of
Wages
21. Annual
Leave and Annual Leave Loading
22. Long
Service Leave
23. Consultation
and Union Access
24. Labour
Flexibility
25. Uniforms
and Protective Clothing
26. Tools and
Equipment
27. Change
Rooms
28. Redundancy
29. Major
Interruption to Operations
30. Grievance
and Dispute Resolution Procedures
31. Secure
Employment
32. Work
Health and Safety
33. No Extra
Claims
34. Anti-Discrimination
35. Area,
Incidence and Duration
Table 1 - Rates of Pay for Full Time Classifications
Table 2 - Hourly Rates of Pay for Casual Employees
Table 3 - Hourly Rates of Pay for Sports Centre Casual
Event Staff Employees
Percentage of
Appropriate Adult Rate
|
%
|
At sixteen years and under
|
55
|
At seventeen years
|
65
|
At eighteen years
|
75
|
At nineteen years
|
85
|
At twenty years
|
100
|
Provided
that employees who hold recognised industry-wide qualifications and are
required to act upon them at 18 years or older with at least 12 months
experience shall be paid the full adult rate of pay.
4.5 A casual employed in the classifications
set out in subclause 5.4 shall be paid either on an ordinary or ‘all-up’ basis
as detailed below
(i) Ordinary
Casual - An ordinary casual shall be paid 1/38 of the appropriate weekly rate
provided for in Table 4 of Part B plus:
(a) a 15 per cent
loading (except when Saturday, Sunday, public holiday or night work penalties
are paid); and
(b) the equivalent
of one‑twelfth of the ordinary
hourly rate of pay for a full-time employee for each hour worked.
An ordinary casual employee shall be paid for a minimum
engagement of three hours.
(ii) All‑up Casual - An all-up casual shall be
paid 1/38 of the appropriate weekly rate provided for in Table 4 of Part B plus
a loading of 30 per cent for each hour worked.
This
30 per cent loading includes loadings applicable under this award for work on
Saturdays, Sundays, public holidays and at night.
An
all up casual employee shall be paid for a minimum engagement of one hour.
4.6. Supervisory
Loadings - an employee employed in the classifications set out in Clause 5.4
who is appointed by an employer to supervise other employees shall be paid, in
addition to the rates of pay prescribed in subclause 4.4. and 4.5. of this
clause, the following amount per week specified in Table 5 - Other Rates and
Allowances, of Part B as follows:
(a) In charge of
up to 5 employees - Item 1;
(b) In charge of 6
and up to 10 employees - Item 2;
(c) In charge of
11 or more employees - Item 3;
(d) or pro rata
amount per engagement for part‑time and casual employees
4.7. An employee
employed in the classifications set out in subclause 5.4 who is appointed by an
employer to perform first aid duties and who holds a first aid certificate shall
be paid, an additional amount per week, or per shift, as set out in Item 4 of
Table 5 - Other Rates and Allowances, of Part B.
4.8. A part-time or
full-time employee employed in the classifications set out in subclause 5.4 who
is required to work more than one shift on any day shall be paid the additional
allowance per day, as set out in Item 5 of Table 5 - Other Rates and
Allowances, of Part B.
5. Classification
Levels
5.1 Classifications
(Skill/Definitions) for full-time and part-time employees at the Aquatic,
Athletic and Archery Centres:
5.1.1 Level 1
Means an employee with no qualifications and who
performs duties of a routine nature, requiring the use of minimum judgement and
supervision.
Employees at this level may include the initial recruit
who may have limited relevant experience.
(a) An employee at
this level will be able to:
Communicate with the public in a courteous and tactful
manner.
(b) Indicative of
some of the tasks which an employee at this level may perform are:
Exercises basic keyboard skills;
General Attendant/Cashier duties which includes basic
clerical, office assistance, kiosk duties involving customer turnover and cash
handling, taking of bookings and tickets and general assistance in the
day-to-day activities of the operation;
Maintains simple records;
Assists with administration of the Swim School Program;
Is directly employed as Car Park Attendant, Usher or
Door Attendant who is engaged in a non-security capacity;
Receives, despatches, distributes, sorts, checks,
documents, orders and records of goods and/or materials;
Is employed as a General Hand;
Assists in basic food preparation. Assists in taking
orders, and maintaining cleanliness of customer space and service areas. Serves
basic foods and beverages; and
Undertakes duties peripheral and ancillary to the above
as required.
(c) Progression to
Level II will be dependent upon availability of position and successful
application.
5.1.2 Level 2
Means an employee who has undertaken structured
training recognised by the industry as relevant and appropriate to perform work
within the scope of this level.
(a) An employee at
this level:
Assists with the provision of on-the-job training to a
limited degree;
Conducts individual or group
activities/programs/sessions/tours, under supervision, only after commencing a
recognised course or undergoing accredited training;
Exercises intermediate keyboard skills with
instructions;
Works in a team environment under routine supervision;
Where appropriate, holds and maintains life saving and
first aid qualifications recognised as being appropriate for the safe and
effective conduct of duties involving public and employee health and safety;
Works from instructions or procedures;
Has an understanding of general office procedures;
Co-ordinates duties under the direction of a Level III
employee;
Provides general supervision of and assistance to Level
I employees; and
Is capable of and may perform Level 1 duties.
(b) Indicative of
some of the tasks which an employee at this level may perform:
Takes classes and directs leisure activities;
Supervises public swimming;
Attends to health and safety of the public;
Sells programs/tickets and gives change;
Co-ordinates events and bookings;
Undertakes receptionist duties;
Undertakes office administrative duties;
Attends to equipment and displays eg. pool attendant;
Safeguards individuals e.g. child care attendants;
Undertakes cooking duties associated with basic foods
eg snacks and grills. Takes orders, and maintains cleanliness of customer space
and service areas. Serves foods and beverages.
(c) Progression to
Level III will be dependent upon availability of position and successful
application.
5.1.3 Level 3
Means an employee who has completed structured training
recognised by the industry as relevant and appropriate to perform work within
the scope of this level.
(a) An employee at
this level:
Assists in the provision of on-the-job training where
applicable;
Exercises discretion within one’s own level of skill
and training;
Takes responsibility for the quality of one’s work
(subject to routine supervision);
Exercises good keyboard skills and knowledge of office
procedures/equipment/systems; and
Is capable of and may perform the Level II and level I
duties.
(b) Indicative of
some of the tasks which an employee at this level may perform:
Is employed as a Gym Exercise Specialist;
Co-ordinates Swim School, Customer Services, Tours and
Health and Fitness Activities;
Maintains machinery, plant and technical equipment;
Undertakes secretarial duties;
In the absence of line supervisors, acts in an appropriate
way to supervise the work areas to ensure delivery of services;
Undertakes general cooking duties and assists with
specialist cooking duties. Performs higher level waiting and customer service
duties.
(c) Progression to
Level IV will be dependent upon availability of position and successful
application.
5.1.4 Level 4
Means an employee who is subject to broad guidance or
direction and would report to more senior staff as required.
An employee at this level would have worked or studied
in a relevant field and/or have specialist knowledge, qualifications and
experience sufficient to enable them to advise on a range of activities and
features and contribute, as required, to the determination of objectives,
within their delegated area of supervision.
(a) An employee at
this level:
Takes responsibility for ensuring the quality of their
own work and exercises initiative, discretion and judgement at times in the
performance of their duties;
Is directly responsible to the appropriate manager for
the section or area of operation;
Assists with the management of the section or area of
operation;
Has the delegated responsibility for the work under
their control or supervision in terms of, inter alia, allocation of duties,
co-ordinating work flows, checking progress, quality of work and resolving
problems, as well as counselling staff for performance and work related
problems where required;
Trains employees at Level III, II and I as required;
Is capable of and may perform the Level III, Level II
and Level I duties.
(b) Indicative of
some of the tasks which an employee at this level may perform:
Supervises Pool Attendants;
Supervises Athletic Centre employee;
Supervises Aquatic Centre employees;
Supervises Archery Centre Employees
Supervises administrative and accounting operations;
Supervises information technology;
Supervises daily activities and operation of health and
fitness activities;
Supervises maintenance employees;
Supervises café and concessions staff and operations
Undertakes specialist and higher level/more complex
cooking duties, and provides specialist input and advice into menu content and
function operations.
5.2 Classifications
(Skill/Definitions) for casual employees at the Aquatic, Athletic and Archery
Centres:
5.2.1 Casual Level A
Means an employee with no qualifications who performs
duties of a routine nature, requiring the use of minimum judgement and
supervision.
Employees at this level may include the initial recruit
who may have limited relevant experience.
(a) An employee at
this level will be able to:
Communicate with the public in a courteous and tactful
manner.
(b) Indicative of
some of the tasks which an employee at this level may perform are:
Is employed as a Car Park Attendant;
Is employed as a Tour Guide;
Undertakes clerical duties including exercising basic
keyboard skills, office assistance and maintenance of simple records;
Assists with the administration of the Swim School
programme;
Receives, despatches, distributes, sorts, checks,
documents, orders and records goods and/or materials;
Is employed as General Hand;
Assists in basic food preparation. Assists in taking
orders, and maintaining cleanliness of customer space and service areas. Serves
basic foods and beverages.
Duties peripheral and ancillary to the above as
required.
5.2.2 Casual Level B
Means an employee who has undertaken structured
training recognised by the industry as relevant and appropriate to perform work
within the scope of this level.
(a) An employee at
this level:
Assists with the provision of on-the-job training to a
limited degree;
Conducts individual or group
activities/programs/sessions under supervision, only after commencing a recognised
course or undergoing accredited training;
Exercises intermediate keyboard skills with
instructions;
Works in a team environment under routine supervision;
Where appropriate holds and maintains life saving and
first aid qualifications recognised as being appropriate for the safe and
effective conduct of duties involving public and employee health and safety;
Works from instructions or procedures;
Has an understanding of general office procedures;
Co-ordinates duties under the direction of a Level III
employee;
Provides general supervision and assistance of Level A
employees; and
Is capable of and may perform duties of a Level A -
casual employee.
(b) Indicative of
some of the tasks which an employee at this level may perform:
Is employed as a cashier involved in kiosk duties
including customer turnover and cash handling, taking of bookings and tickets
and assists generally in the day-to-day activities of the operation;
Takes classes and directs leisure activities;
Supervises public swimming;
Attends to health and safety of the public;
Sells programmes/tickets and gives change;
Co-ordinates events and bookings;
Undertakes receptionist duties;
Undertakes office administrative duties;
Attends to equipment and displays eg., pool attendant,
athletic track Attendants; archery attendant.
Safeguards individuals e.g. child care attendants.
Undertakes cooking duties associated with basic foods
eg snacks and grills. Takes orders, and maintains cleanliness of customer space
and service areas. Serves foods and beverages.
5.2.3 Casual Level C
Means an employee who has completed structured training
recognised by the industry as relevant and appropriate to perform work within
the scope of this level.
(a) An employee at this
level:
Assists in the provision of on-the-job training where
applicable;
Exercises discretion within one’s own level of skill
and training;
Takes responsibility for the quality of one’s work
(subject to routine supervision);
Exercises good keyboard skills and knowledge of office
procedures/equipment/systems;
Is capable of and may perform Level A and Level B
duties.
(b) Indicative of
some of the tasks which an employee at this level may perform:
Is employed as Gym Exercise Specialist;
Is employed as Head Coach;
Undertakes general cooking duties and assists with
specialist cooking duties. Performs
higher level waiting and customer service duties.
In the Absence of Line Supervisors, Acts in an
Appropriate Way to Supervise the Work Areas to Ensure Delivery of Services.
5.3 Classifications
(Skill/Definitions) for casual event staff employees at the Sports Centre:
5.3.1 Level 1
(a) An employee at
this level:
Has no qualifications and performs duties of a routine
nature, requiring the use of minimum judgement and supervision.
Includes the initial recruit who may have limited
relevant experience.
Communicates with the public in a courteous and tactful
manner.
Works under close supervision and undergoes on-the-job training,
(b) Indicative of
some of the tasks which an employee at this level may perform:
would perform the function of car parking attendant,
door attendant, door attendant or usher cashier (including basic clerical and
office duties including answering the phone).
Upon completion of 400 hours of employment at Level 1,
an employee will be reclassified to Level 2.
5.3.2 Level 2
a) An employee at
this level:
Has undertaken structured training recognised b the
Centre's management as being relevant; or
Completed 400 hours employment at the level required of
a Level 1 operative or equivalent work within the leisure and recreation or
venue management sector.
works in a team environment under routine supervision
and assists with the provision of on-the-job training to a limited degree.
Where appropriate, holds and maintain first-aid
qualifications recognised as being in accord with the safe and effective
conduct of duties involving public and employee health and safety.
(b) Indicative of
some of the tasks which an employee at this level may perform:
:
Program selling/merchandise selling;
Processing ticket sales and bookings;
Conduct tours of the Centre or associated facilities;
Supervise uniform room.
5.3.3 Level 3
a) An employee at
this level:
exercises discretion within one's own level of skill
and training and has delegated responsibility for work under their control or
supervision in terms of allocation of duties, co-ordinating workflows, checking
progress, quality of work and resolving problems, as well as counselling staff
for performance and work-related problems where required.
(b) Indicative of
some of the tasks which an employee at this level may perform:
trains new employees at Levels 1 and 2 and supervises a
discrete section or group;
acts as an assistant theatre manager or event
co-ordinator/client liaison, audio visual technician.
5.3.4 Level 4
a) An employee at
this level:
is subject to broad guidance or direction,
reports to more senior staff as required.
would have worked or studied in a relevant field and/or
have specialist knowledge, qualifications and experience sufficient to enable
them to advise on a range of activities and features and contribute, as
required, to the determination of objectives, within their delegated area of
supervision, including box office management, theatre craft, event management,
publicity and promotion.
5.4 Classifications
(Skill/Definitions) for gymnastics program employees at the Sports Centre:
5.4.1 Level 1
a) An employee at
this level:
is an employee who is undertaking training which may
include information on the employer’s business, conditions of employment,
introduction of supervisors and fellow workers, training and career path
opportunities, occupational health and safety, equity, and quality assurance..
An employee at this level performs routine duties
essentially to the level of his/her training:
exercises minimal judgement;
works under direct supervision;
b) whilst
undertaking structured training/learning the employee may be engaged in one or
more of the following duties:
- undertakes basic safety checks of equipment and the
floor area;
- provides gymnastic instruction to classes by
following programmed lessons/activities;
- judges gymnastic performance for Industry Levels 1-3;
- undertakes set-ups and pull-downs, under supervision;
- prepares participant injury reports.
5.4.2 Level 2
a) An employee at
this level:
has completed the Industry recognised level of training
so as to enable him/her to perform work within the scope of this level. An
employee at this level performs work above and beyond the skills of an employee
at Level 1 and to the level of his/her training.
works from instructions or procedures and works under
direct supervision either individually or in a team environment. .
(b) is primarily
engaged in one or more of the following duties:
:
- instructs classes up to Industry Level 3 ;
- develops lower level gymnastics programs/lessons;
- judges gymnastic performance for Industry Levels 1-6;
- attends external basic competitions with program
participants;
- Undertakes set
ups and pull downs;.
5.4.3 Level 3
a) An employee at
this level:
has completed structured training recognised by the
industry as relevant and appropriate to perform within the scope of this level.
is responsible for the quality of their own work
subject to routine supervision either individually or in a team environment;
exercises discretion within their level of skills and
training;
assists in the provision of on-the-job training of
employees at Levels 2 and 1 where applicable.
b) Indicative of
some of the tasks which an employee at this level may perform:
- instructs classes up to Industry Level 6;
- judges gymnastic performance for Industry Levels 1-6
- develops gymnastics programs/lessons of an
intermediate nature;
- attends external higher level competitions with
program participants;
- certifies completion of safety checks for equipment
and the floor area;
- Undertakes set ups and pull downs;
- discusses routine participant issues with parents.
5.4.4 Level 4
a) An employee at
this level:
shall be capable of performing the indicative skills of
a Level 3 employee and shall also be able to work from complex instructions:
b) Indicative of
some of the tasks which an employee at this level may perform:
- instructs classes up to Industry Level 10;
- coordinates activities across the gymnastics floor
area.
- supervises set up and pull downs;
- assesses participant ability for progression and
competition participation.
5.4.5 Level 5
a) An employee at
this level:
has an Advanced Industry qualification and is competent
to perform work within the scope of this level.
An employee at this level is responsible for
supervision, training and co-ordination of employees within their respective
work area to ensure delivery of service.
b) Indicative of
some of the tasks which an employee at this level may perform:
- Instructs advanced and elite program classes;
- organises competition entry;
- develops gymnastics programs/lessons of an advanced
and elite nature;
- makes decisions on participants’ progression;
- works with Levels 1 to 4 to address/correct
participant technique/capability/progression issues;
- discusses program and participant matters with
parents;
5.4.6 Level 6
a) An employee at
this level:
is engaged in supervising, training and co-ordinating
staff and is responsible for the maintenance of service and operational standards,
and exercises substantial responsibility and independent initiative and
judgement with a requisite knowledge of their specific field and of the
employer’s business.
would hold formal technical qualifications relevant to
the employer which are required by the employer to perform the job, and
would have worked in a relevant field and have
specialist knowledge and experience, sufficient for them to give advice and/or
guidance to their organisation and/or clients in relation to specific areas of
their responsibility.
b) Indicative of
some of the tasks which an employee at this level may perform:
- general supervision of gymnastics centre and program;
- Instruct elite program classes;
- develop gymnastics programs/lessons of an elite
nature;
- centre administration involving supervision of staff
and systems and co-ordinating competitions;
- develops in-house training programs for instructors
- prepares reports for management on program
performance and program initiatives,
- discusses a broad range of program/participant
matters with parents.
-may represent the program or centre in external forums
where requested and approved.
6. Income
Protection Plan
6.1 All full-time, part-time
and casual employees at the Aquatic, Athletic and Archery Centres, who are
members of the AWU to whom this award applies shall be covered by the Sickness
and Accident Income Protection Plan approved and endorsed by the AWU (provided
by Chifley Financial Services). It is a
term of this award that the employer will bear the costs of 1.55% of gross
weekly pay per week per member towards providing income protection with a
maximum payment of $4.55 per week for casuals.
6.2 All Sports Centre casual event staff and
gymnastic program employees employed in classifications provided in
Clause 5 who are members of the union to whom this award applies shall be
covered by the Sickness and Accident Income Protection Plan approved and
endorsed by The Australian Workers' Union.
It is a term of this award that the employer will bear the costs of a
daily premium of $1.00 per employee per day worked to cover employees who are
members of the union
7. Hours of Work
7.1 The Hours of Work for Aquatic, Athletic
and Archery Centres’, and Gymnastics Program employees at the Sports centre
(excepting gymnastic program casual staff) are those outlined at subclauses 7.2
to 7.5 below. Hours of Work for Sports Centre casual event staff employees are
outlined at clause 7.6. Hours of Work for Sports Centre casual gymnastic
program employees are outlined at subclause 7.7.
7.2 The ordinary
hours of work, exclusive of meal times, shall not exceed an average of 38 hours
per week, between the hours of 4.30 am and 11.00 pm. The ordinary hours of work
may be extended to 2.00 am to cover special events, provided that management
gives all employees involved seven clear days' notice of the extension of
ordinary hours, or upon agreement between the employer and employee.
7.3 The employer shall
arrange the working of the thirty eighty hour week in one of the following
ways:
7.2.1 by employees
working less than eight hours per day;
7.2.2 by employees
working less than eight hours on one or more days in each week; or
7.2.3 by working up to
ten hours on one or more days in the week.
7.4 Employees other
than maintenance employees, pool attendants, and those employees employed in
the gym shall be entitled to receive 4 sets of 2 consecutive days off in each
28 day period.
7.5 Notwithstanding
the provision of subclause 7.1 & 7.3 the employer and employee may agree to
change the rostered time of ordinary hours by one week’s notice or with the
consent of the employee at any time.
7.6 The ordinary hours of work for
Sports Centre casual event staff employees shall be rostered, between the hours
of 7.00 am and 11.30 pm. The ordinary
hours of work may be extended to 2.00 am to cover special events, provided that
management gives all employees involved 7 clear days' notice of the extension
of ordinary hours, or upon agreement between the employer and employee.
7.7 The ordinary
hours of work for Sports Centre gymnastics program casual employees shall be up
to 8 hours on any shift
7.8 All ordinary work
by a gymnastics program employee, including an ordinary casual, on a Saturday
shall be paid at the ordinary time classification rate of pay plus a penalty
equal to 25 per cent of the employee’s ordinary time classification rate of
pay. All ordinary work by a gymnastics program employee, including an ordinary
casual on a Sunday shall be paid at the ordinary time classification rate of
pay plus a penalty equal to 50 per cent of the employee’s ordinary time
classification rate of pay.
8. Full-Time,
Part-Time, Fixed Term and Casual Employees
8.1 An employee at
the Aquatic, Athletic or Archery centres or an employee at the Sports Centre
engaged in a classification under subclause 5.4 shall be engaged as either a
full-time, part-time, fixed term or casual employee. Sports Centre event staff
engaged under this Award shall be engaged as casual employees.
8.2 A full-time
employee is an employee who is engaged to work an average 38 hours per week.
8.3 A part-time
employee is an employee engaged to work a minimum of 10 hours work per week. A
part-time employee shall receive sick leave, annual leave and long service
leave on a pro rata basis.
8.4 A casual
employee is an employee engaged and paid as such. A casual employee at the
Aquatic, Athletic and Archery Centres shall be paid the appropriate hourly rate
as set out in Table 2 of Part B. A casual event staff employee at the Sports
Centre shall be paid the hourly rate as set out in Table 3 of Part B. A casual
employee at the Sports Centre engaged in a classification under Clause 5.4
shall be paid either on an ordinary or ‘all-up’ basis as set out in subclause
4.5
8.5 The casual
hourly rate contained in this award, contains a component in lieu of any
entitlement to sick leave, paid bereavement leave, paid personal carer’s leave,
and annual leave.
8.6 A casual
employee, except as provided for in subclauses 8.7 and 4.5 (ii) shall receive a
minimum payment of 3 hours for each engagement.
8.7 Casual employees involved in the presentation
or conducting of sports, games and training e.g. instructors, shall receive a
minimum payment of one hour, except those so engaged at the Sydney Athletic
Centre, and casual event staff at the
Sports Centre engaged in a classification under Clause 5.3, who shall
receive a minimum payment of 3 hours.
8.8 Casual rosters
may be changed by management provided that shifts are not shortened to less
than the minimums referred to above.
8.9 A fixed term
employee is an employee who is employed on a full-time or part-time basis for a
fixed period. An employee who is engaged on this basis shall be notified in
writing of the dates on which their engagement will commence and cease. The
commencing and ceasing dates may be varied by agreement.
9. Higher Duties
9.1 An employee
required to perform the entire function of a position attracting a higher level
under the award shall, on each occasion, be paid the entire difference between
their own salary and the salary of the higher position on the fifth and subsequent
days of acting up to the higher position.
9.2 The parties to
the Award agree that employees required to be in charge of the Pool Deck (that
is employees who are rostered on to open and close the Aquatic Centre) will at all times be paid at
Level 3 or above.
10. Meal Breaks
10.1 The provisions
of subclauses 10.2 to 10.6 apply to employees of the Aquatic, Athletic and
Archery Centres
10.2 Employees shall
be entitled to an unpaid meal break of 30 minutes which shall be taken no more than
five hours after commencing duty.
10.3 Employees
working more than six hours per day (excluding breaks) shall also be entitled
to two paid ten minutes rest breaks either side of the unpaid meal break.
10.4 The employer and
employee shall determine the time at which a rest break shall be taken.
10.5 Where an
employee is required to work in excess of ten ordinary hours, discussions will
occur between the employee and his/her supervisor as to whether an additional
unpaid meal break of 30 minutes is warranted and if so, the time at which that
meal break should be taken.
10.6 Staff engaged as
casual pool attendants shall be given a paid break of 10 minutes within three
hours of commencing duty, with a further paid break of ten minutes should work
be required after six hours, in lieu of the provisions outlined in subclause
10.2 above.
10.7 Sports Centre
casual event staff employees who are required to work on any shift for more
than 5 hours shall be entitled to a paid meal break of 30 minutes which should
be taken no more than 5 hours after commencing duty.
10.8 Sports Centre
gymnastics program employees shall be entitled to an unpaid meal break of not less than 30 minutes and
not more than one hour not more than 5 hours after commencing duty.
10.9 Notwithstanding
the provisions of subclause 10.1 and 10.8 the employer and employee can
determine the appropriate time to take a meal break by mutual agreement.
11. Overtime
11.1 The provisions
of subclauses 11.2 to 11.6 apply to employees of the Aquatic, Athletic and
Archery Centres and Gymnastic Program staff at the Sports Centre, excluding
casual gymnastic program employees.
11.2 All time worked
in excess of an average of thirty-eight hours in any one week outside the
spread of hours prescribed in subclause 7.1 of this award or in excess of ten
hours in one day shall be paid as overtime or given as time off in lieu.
11.3 All excess hours
must be authorised by the appropriate supervisor in each section, prior to any
overtime being worked.
11.4 By mutual
agreement, excess hours shall be paid as overtime or taken off, as time off in
lieu. Time off in lieu will be at the
overtime rate of time and a half for the first two hours and double time
thereafter. This means each excess hour worked will entitle an employee to
either one and a half or two hours as time off in lieu. All accrued time off in
lieu shall be taken two months after it falls due unless there is mutual
agreement between the employer and employee to do otherwise. The maximum number
of hours to be accrued at any time is 38.
11.5 Where it is
impracticable for the excess hours to be taken off as time off in lieu, it
shall be paid for at the rate of time and one half for the first two hours and
double time thereafter.
11.6 An employee (other
than a casual employee) who works so many excess hours between the termination
of ordinary work on one day and the commencement of ordinary work on the next
day, that the employee has not had at least ten (10) consecutive hours off duty
between those times, shall be released after the completion of such overtime
until ten (10) consecutive hours has been allowed without loss of pay for
ordinary working time occurring during such absence.
11.7 Overtime shall
be paid to Sports Centre casual event staff employees where
(a) the hours of
work exceed 10 in any day;
(b) the hours of
work extend beyond the time limits specified in subclause 7.6,
(c) the employee
receives less than a 10-hour break between work on consecutive days
11.8 Overtime
for Sports Centre casual event staff
employees shall be paid on the hourly rates contained in Table 3 of Part B,
based on time and one half for the first 2 hours and double time for each hour
worked thereafter calculated to the nearest quarter hour.
11.9 Overtime for
casual gymnastic program staff shall be paid on the loaded casual rate (ie 15
per cent or 30 per cent) based on time and one half for the first 2 hours and
double time for each hour worked in excess of 8 hours, calculated to the
nearest quarter hour.
12. Public
Holidays
12.1 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 and no deduction shall be made in respect of such
holidays from the wages due to any employee for the week in which such holiday
or holidays occur.
12.2 Provided that
the abovementioned holiday may be substituted for another day off by agreement
between the employer and employee(s) to be take within one (1) month of the
said holiday or adjacent to a period of annual leave.
12.3 Any full-time or
part-time employee, including a fixed term employee, who is required to work on
a public holiday shall be entitled to either time and one half hours pay for
each hour worked as well as a day off in lieu at a time mutually agreed; or
double time and one half for each hour worked on the public holiday. Casual
employees (but not including Sports Centre casual event staff employees) who
are required to work on a public holiday shall be entitled to double time and
one half for each hour work on the public holiday. Sports Centre casual event
staff employees who are required to work on a public holiday shall be paid at
the hourly rate applicable in Table 3
12.4 Full time, part
time and fixed term employees who are absent from work on the day before or the
day after a public holiday shall provide the employer with proof of sickness
(by way of a medical certificate) prior to receiving payment for those days.
12.5 An employee
whose day or days off duty coincides with a public holiday shall not be
entitled to receive an additional day in lieu.
12.6 A full-time, part-time
or fixed term employee, who presents proof of purchase of a ticket to the
Union’s Picnic Day function, at least ten calendar days in advance of the
event, shall be entitled to paid leave to attend the function. The Union shall advise management at least
three months prior to the event of any change of date to the Picnic, which
shall otherwise be held on the first Monday in December.
13. Sick Leave
13.1 A full-time
employee shall be entitled to ten days sick leave per year of service. Part-time employees shall be entitled to a
proportionate amount of sick leave.
13.2 If the full
period of sick leave is not taken in any one year, the whole or untaken portion
shall accumulate from year to year.
13.3 An employee
shall not be entitled to sick leave for any period in respect of which such
employee is entitled to worker’s compensation.
13.4 Where an
employee is ill or incapacitated on a rostered day or shift off he/she shall
not be entitled to sick pay on that day nor shall his/her entitlement to sick
leave be reduced as a result of such illness or incapacity.
13.5 Where an
employee is absent for more than one consecutive day, or more than five single
days in a year, the employee shall provide the employer with a doctor’s
certificate.
13.6 The employee,
wherever possible, shall, prior to the commencement of the absence on sick
leave, inform the employer of their inability to attend for duty and as far as
practicable, the estimated duration of the absence.
14. Personal
Carer’s Leave
14.1 Use of Sick
Leave:
14.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in subclause 14.1.6 (b), who needs the employee’s care and support,
shall be entitled to use, in accordance with this clause, any current or
accrued sick leave entitlement, provided for in clause 13, Sick Leave, for
absences to provide care and support, for such persons, when they are ill, or
who require care due to an unexpected emergency. Such leave may be taken for
part of a single day.
14.1.2 Note: In the
unlikely event that more than 10 days sick leave in any year is to be used for
caring purposes the employer and employee shall discuss appropriate
arrangements which, as far as practicable, take account of the employer’s and
employee’s requirements.
14.1.3 Where the parties
are unable to reach agreement the disputes procedure at Clause 29 should be
followed.
14.1.4 The employee
shall, if required
(a) establish 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 employer, or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
14.1.5 In normal
circumstances, an employee must not take carer's leave under this clause where
another person had taken leave to care for the same person.
14.1.6 The entitlement to
use sick leave in accordance with this subclause is subject to:
(a) The employee
being responsible for the care and support of the person concerned; and
(b) The person
concerned being:
(i) a spouse of
the employee, or
(ii) a de facto
spouse, who is a person of the opposite sex to the employee, who lives with the
employee as the husband or wife of that person on a bona fide domestic basis
although not legally married to that person; or
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial), 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of
the employee who is a member of the same household, where for the purpose of
this clause:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
14.1.7 An employee shall,
wherever practicable, give the employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such level and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the employer by telephone of
such absence at the first opportunity on the day of absence.
14.2 Use of Unpaid
Leave:
14.2.1 An employee may elect,
with the consent of the employer, to take unpaid leave for the purpose of
providing care and support to a class of person set out in subclause 14.1.6 (b)
who is ill, or who requires care due to an unexpected emergency.
14.3 Use of Annual
Leave:
14.3.1 An employee may
elect, with the consent of the employer, subject to the Annual Holidays Act
1944, 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.
14.3.2 Access to annual
leave, as prescribed in subclause 14.3.1, shall be exclusive of any shutdown
period provided for elsewhere under this award.
14.4 Use of Time Off
in Lieu of Payment of Overtime:
14.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 2 months of the
said election.
14.4.2 Overtime taken as
time off during ordinary time hours shall be available at the rate of time and
one half for the first two works worked and double time thereafter.
14.4.3 If, having elected
to take time as leave in accordance with subclause 14.4.1, the leave is not
taken, for whatever reason, payment for time accrued at overtime rates shall be
made at the expiry of the 2 month period or on termination.
14.4.4 Where no election
is made in accordance with subclause 14.4.1, the employee shall be paid
overtime rates in accordance with the award.
14.5 Use of Make-Up
Time:
14.5.1 An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours
at a later time, during the spread of ordinary hours provided in the award, at
the ordinary rate of pay.
14.6 Personal Carer’s
Entitlement for Casual Employees
14.6.1 Subject to the
evidentiary and notice requirements in subclause 14.1.4, casual employees are
entitled to not be available to attend work, or to leave work if they need to care
for a person prescribed in subclause 14.1.6 (b) who is sick and requires care
and support, or who requires care due to an unexpected emergency, or the birth
of a child.
14.6.2 The employer 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 (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
14.6.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
15. Bereavement
Leave
15.1 A full-time or
part-time employee, including a fixed term employee, shall be entitled to a
maximum of three days leave without loss of pay on each occasion and on the
production of satisfactory evidence of death within Australia of a member of
the employee’s family or household (as defined in subclause 14.1.6 (b)).
15.2 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.
15.3 Bereavement
leave may be taken in conjunction with other leave available under subclauses
14.2, 14.3, 14.4 and 14.5. Where such other available leave is to be taken in
conjunction with bereavement leave, consideration will be given to the circumstances
of the employee and the reasonable operational requirements of the employer.
15.4 Bereavement
Leave for casual employees
15.4.1 Subject to the
evidentiary and notice requirements in subclause 14.1.4, 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 14.1.6 (b).
15.4.2 The employer 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 (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
15.4.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
16. Parental Leave
16.1 Refer to Part 4
of Chapter 2 of the Industrial Relations Act 1996 (NSW). The following
provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
16.2 An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) the employee
or employee's spouse is pregnant; or
(b) the employee
is or has been immediately absent on parental leave.
16.3 Right to request
An employee entitled to parental leave may request the
employer to allow the employee:
16.3.1 to extend the
period of simultaneous unpaid parental leave up to a maximum of eight weeks;
16.3.2 to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
16.3.3 to return from a
period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
16.4 The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
16.5 Employee’s
request and the employer’s decision to be in writing
16.5.1 The employee’s
request and the employer’s decision made under subclause 16.4 and 16.5 must be
recorded in writing.
16.6 Request to
return to work part-time
Where an employee wishes to make a request under
subclause 16.4, such a request must be made as soon as possible but no less
than seven weeks prior to the date upon which the employee is due to return to
work from parental leave.
16.7 Communication
during parental leave
16.7.1 Where an employee
is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(a) make information
available in relation to any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave; and
(b) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
16.7.2 The employee shall
take reasonable steps to inform the employer about any significant matter that
will affect the employee’s decision regarding the duration of parental leave to
be taken, whether the employee intends to return to work and whether the
employee intends to request to return to work on a part-time basis.
16.7.3 The employee shall
also notify the employer of changes of address or other contact details which
might affect the employer’s capacity to comply with subclause 16.7.1.
17. Leave for
Matters Arising From Domestic Violence
17.1 For the purposes
of this clause Domestic Violence means domestic violence as defined in the
Crimes (Domestic and personal Violence) Act 2007
17.2 Leave
entitlements provided for in clause 13, Sick leave and clause 14, Personal
carer’s leave, may be used by employees experiencing domestic violence.
17.3 Where the entitlements
referred to in subclause 17.2 are exhausted, the employer shall grant up to
five days paid special leave to be used for absences from the workplace to
attend to matters arising from domestic violence situations.
17.4 The employer
will need to be satisfied, on reasonable grounds, that domestic violence has
occurred and may require proof presented in the form of an agreed document
issued by the Police Force, a Court, a Doctor, a Domestic Violence Support
Service, or a Lawyer.
17.5 Personal
information concerning domestic violence will be kept confidential by the
employer.
17.6 The employer,
where appropriate, may facilitate flexible working arrangements subject to
operational requirements, including changes to working times and changes to
work location, telephone number, and email address.
18. Terms of
Engagement
18.1 Full-time and
part-time employees at the Aquatic, Athletics and Archery Centres employed in
classifications under subclause 5.1 shall be engaged by the week and their
engagement shall only be terminated by the employer or employee giving the
notice prescribed below, or by payment or forfeiture, as the case may be of the
appropriate wages in lieu of notice.
Levels 1 & 2
|
1 week
|
Level 3
|
2 weeks
|
Level 4
|
4 weeks
|
18.2 A fixed term
employee shall be employed for a fixed period. The engagement of a fixed term
employee may be varied by agreement between the employer and employee.
Notwithstanding the above provisions, a fixed term contract may be terminated
by one week’s notice on either side or by the payment or forfeiture, as the
case may be, of a week’s wages in lieu of notice thereof.
18.3 Full-time and
part-time gymnastics program employees employed in classifications under
subclause 5.4 shall be engaged by the week and their engagement may be
terminated by the employer or employee giving one week’s notice, or by payment
or forfeiture, as the case may be of the appropriate wages in lieu of notice.
18.4 The provisions
outlined in subclauses 18.1 and 18.2 shall not affect the right of an employer
to dismiss any employee without notice for misconduct or other neglect of duty.
18.5 The employer
shall have the right to deduct payment for the time of non-attendance by any
employee who fails to attend for duty, or absents himself/herself from duty,
without leave.
19. Training Wage
19.1 See the
Theatrical Employees (Training Wage) (State) Award.
20. Payment of
Wages
20.1 Wages will be
paid fortnightly by Electronic Funds Transfer.
21. Annual Leave and
Annual Leave Loading
21.1 Full-time and
part-time employees employed on or prior to 19 April, 1999 shall receive annual
leave of five weeks per annum plus 17.5% Annual Leave Loading, upon the
completion of twelve months service.
21.2 Part time employees
employed after 19 April, 1999 shall be entitled to four (4) weeks paid annual
leave per annum plus 17.5% Annual Leave Loading, upon the completion of twelve
months service.
21.3 Full-time
employees employed after 19 April, 1999 shall be entitled to annual leave of
five weeks per annum plus 17.5% annual leave loading, upon the completion of
twelve months service.
21.4 Full-time and
part-time gymnastics program employees employed in the classifications under subclause
5.4 shall be entitled to four (4) weeks paid annual leave per annum plus 17.5%
Annual Leave Loading, upon the completion of twelve months service.
21.5 The loading
referred to in subclauses 21.1, 21.2, 21.3 and 21.4 above shall be paid to all
weekly employees upon the anniversary of their entitlement, as a lump sum.
21.6 Fixed term
employees who are engaged on a contract of less than twelve months shall be
entitled to annual leave loading, provided that they have been employed as
either a casual or weekly employee for a period of longer than twelve months in
total, as on aggregate of full-time, part-time or casual employment.
21.7 Cashing out of Annual leave
21.7.1 Full-time and part-time employees who are
entitled to annual leave of 5 weeks per annum under subclause 21.1 or subclause
21.3 shall be able to elect to cash out 1 weeks annual leave, on a single
occasion, once in each calendar year. This provision does not apply to
employees who accrue 4 weeks annual leave per annum under subclauses 21.2 and
21.4
21.7.2 Employees wishing
to cash out leave shall indicate their intention in writing, or by email.
21.7.3 The cashing out of
leave under subclause 21.7 is not available to employees, where the cashing out
of leave would result in the employee’s leave balance reducing to below 4 weeks
at the time of cashing out.
22. Long Service
Leave
22.1 The New South
Wales Long Service Leave Act 1955 applies.
23. Consultation
and Union Access
23.1 A meeting will be
held every two months between employee representatives, the Union Official and
the Executive Manager of the Sydney Olympic Park Sports Venues for the purpose
of discussing matters affecting the employment, productivity and efficiency at
the Sydney Olympic Park Sports Venues.
23.2 The Employer
recognises the rights of employees to elect union delegates as their
representative for the purposes of this Award and to enhance the consultative
mechanism.
23.3 Where
operational matters permit, and subject to sufficient notice to management,
accredited union delegates will be allowed reasonable time in work hours to
prepare for and meet with management, a union official or employees they
represent on urgent matters affecting union members. Management agreement will
not be unreasonably withheld.
Collective meetings of employees with a union official
or accredited union delegate will be held during a lunch or other work break or
outside hours unless otherwise agreed by management.
23.4 The Employer
shall provide accredited delegates with reasonable access to the following
facilities for authorised union activities
23.4.1 Computer for word
processing and related purposes, email, telephone, photocopier, facsimile
machine and a private meeting room, if and when necessary.
23.4.2 Access to a notice
board for material authorised by the union. The Employer shall have the right
to decline the posting of material at its discretion but shall not unreasonably
do so.
23.5 Union Delegates
will be allowed to undertake the following activities without deduction from
ordinary time earnings, subject to operational requirements and management
agreement. Management will not unreasonably withhold agreement.
23.5.1 Up to 6 days per
annum for training courses conducted by the union or a training provider
nominated by the union; or to attend union conferences or industry meetings.
23.5.2 Attendance at, and
reasonable preparation time for, industrial proceedings that directly affects
the area or employee(s) that the union delegate represents.
23.5.3 Presenting
information on the union and union’s activities at induction sessions for new
employees
24. Labour
Flexibility
24.1 Employees
covered by this award shall perform all work within their skill and competence including
but not limited to work which is incidental but not peripheral to their main
tasks and functions.
25. Uniforms and
Protective Clothing
25.1 Where employees
are required to wear a uniform they will be provided to the employee free of
charge. Employees required to work in the rain shall be provided with oilskins,
gumboots or other protective clothing, free of charge.
25.2 Upon termination
of employment all uniforms and property belonging to the employer shall be
returned by the employee to the employer properly laundered and/or in working
order.
26. Tools and
Equipment
26.1 All tools and
equipment required by the employees to perform their duties shall be provided
by the employer, free of charge. Any other authorised work related expenses will
be reimbursed to the employee subject to satisfactory verification of the
expense.
27. Change Rooms
27.1 The employer
shall provide a change room for the use of the employees, free of charge. Such
change room shall be equipped with hot and cold showers and shall be fitted
with individual locker accommodation.
28. Redundancy
28.1 Application of
this Clause.
28.1.1 This clause shall
apply in respect of full-time and part-time employees as defined in Clause 8
28.1.2 This clause shall
not apply to employees with less than one year’s continuous service
28.1.3 This clause shall
not apply where employment is terminated as a consequence of conduct that
warrants dismissal, or in the case of employees engaged for a specific period
of time, or for a specified task or tasks, where employment is terminated due
to the ordinary turnover of labour.
28.2 Employer to
Notify and Discuss Change
28.2.1 Where the employer
has made a definite decision to introduce major changes that are likely to have
significant effects on employees, for example in structure, technology and or
program/service delivery, the employer shall notify the employees who may be
affected by the proposed changes and the union to which they belong
28.2.2 The employer shall
discuss with the employees affected and the union to which they belong, among
other matters, the introduction of the changes referred to in clause 28.2.1,
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.
28.2.3 The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in 28.2.1
28.2.4 For the purpose of
such discussion, the employer shall provide to the employees concerned, and the
union to which they belong, all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees, provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
28.2.5 Where the employer
has made a definite decision that the employer no longer wishes the job the
employee has been doing done by anyone, pursuant to clause 28.2.1, and that
decision may lead to the termination of employment, the employer shall hold
discussions with the employees directly affected and with the union to which
they belong as early as practicable.
28.2.6 The discussions
referred to in 28.2.5 shall cover, among other matters any reasons for the
proposed terminations, measures to avoid or minimise the terminations and
measures to mitigate any adverse effects of any termination on the employees
concerned, 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.
28.3 Notice of
Termination of Employment
28.3.1 In order to
terminate the employment of an employee for reasons arising from
"structure", or "program/service delivery", in accordance
with 28.2.1, the employer 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
|
28.3.2 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
28.3.3 Payment in lieu of
the notice in 28.3.2 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
28.4 Notice for Technological Change
28.4.1 In order to
terminate the employment of an employee for reasons arising from
"technology" in accordance with 28.2.1, the employer shall give to
the employee three months’ notice of termination
28.4.2 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.
28.4.3 The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act, 1955, the
Annual Holidays Act, 1944, or any Act amending or replacing either of these
Acts.
28.5 Time Off During
the Notice Period
28.5.1 During the period of
notice of termination given by the employer, an employee shall be allowed up to
one day’s time off without loss of pay during each week of notice, to a maximum
of five weeks, for the purposes of seeking other employment
28.5.2 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 employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent
28.5.3 Employee leaving
during the notice period - If the employment of an employee is terminated
(other than for misconduct) before the notice period expires, the employee
shall be entitled to the same benefits and payments under this clause had the
employee remained with the employer until the expiry of such notice. Provided
that in such circumstances the employee shall not be entitled to payment in
lieu of notice
28.6 Transfer to
Lower Paid Duties
28.6.1 Where an employee
is transferred to lower paid duties for reasons set out in 28.2.1 the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee’s employment had been terminated,
and the employer may at the employer’s option make payment in lieu thereof of
an amount equal to the difference between the former ordinary time rate of pay
and the new ordinary time rates for the number of weeks of notice still owing.
28.7 Severance Pay
28.7.1 Where an employee
is to be terminated pursuant to clause 28, subject to further order of the
Industrial Relations Commission, the employer shall pay the following severance
pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale
Years of Service
|
Under 45 Years Age
Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with the
following scale:
Years of Service
|
45 Years and over
Age Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) ‘Weeks pay’
means the all purpose rate of pay 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 any allowances.
28.7.2 Subject to an
application by the employer and further order of the Industrial Relations
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in subclause 28.7.1 if the employer obtains acceptable
alternative employment for an employee
29. Major
Interruption to Operations
29.1 Although a rare
event, external factors such as acts of God or malicious acts by a third party
or parties, or industrial action, breakdown of machinery or any other act or
omission for which the employer is not responsible may result in the closure of
the Centres.
29.2 In the first
instance options for staff to work at another location will be investigated.
29.3 In instances
where this is not possible, staff will be given the opportunity to access
available annual and/or long service leave entitlements.
29.4 Where staff are not
able to be placed in work pursuant to clause 29.2 or do not elect to access
leave entitlements pursuant to clause 29.3, either party may make an
application to the Industrial Relations Commission pursuant to s126 of the
Industrial Relations Act 1996 for a stand down order.
30. Grievance and
Dispute Resolution Procedures
30.1 Procedures
relating to grievances of individual employees.
30.1.1 The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
30.1.2 A grievance must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
30.1.3 Reasonable time
limits must be allowed for discussion at each level of authority.
30.1.4 At the conclusion
of the discussion, the employer must provide a response to the employee’s
grievance if the matter has not been resolved, including reasons for not
implementing any proposed remedy.
30.1.5 While a procedure
is being followed, normal work must continue.
30.1.6 The employee may
be represented by a union party to this award for the purpose of each
procedure.
30.1.7 The grievance may be referred to the New South
Wales Industrial Relations Commission by any party for conciliation or
arbitration if the matter is unresolved following the use of the above
procedure.
30.2 Procedures
relating to disputes etc. between the employer and its employees.
30.2.1 A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
level of authority.
30.2.2 Reasonable time
limits must be allowed for discussion at each level of authority.
30.2.3 While a procedure
is being followed, normal work must continue.
30.2.4 The employer may
be represented by an industrial organisation of employers and the employees may
be represented by a union party to this award for the purpose of each
procedure.
30.2.5 If the dispute
resolution process is exhausted without the dispute being resolved, the parties
may jointly or individually refer the matter to the NSW Industrial Relations
Commission for conciliation and/or arbitration.
31. Secure
Employment
31.1 Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
31.2 Casual
Conversion
31.2.1 A casual employee
engaged by a particular employer on a regular and systematic basis for a
sequence of periods of employment under this Award during a calendar period of
six months shall thereafter have the right to elect to have his or her ongoing
contract of employment converted to permanent full-time employment, or
part-time employment, if the employment is to continue beyond the conversion
process prescribed by this clause.
31.2.2 Every employer of
such a casual employee shall give the employee notice in writing of the
provisions of this clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this clause if the employer fails to comply with this notice
requirement.
31.2.3 Any casual
employee who has a right to elect under subclause 31.2.1, upon receiving notice
under subclause 31.2.2 or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the
disputes settlement procedure.
31.2.4 Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(i) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
31.2.5 If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with subclause 31.2.3, the
employer and employee shall, in accordance with this clause, and subject to
subclause 31.2.3, discuss and agree upon:
(a) whether the
employee will convert to full-time or part-time employment; and
(b) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
31.2.6 Following an
agreement being reached pursuant to subclause 31.2.5, the employee shall
convert to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
31.2.7 An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this clause.
31.2.8 The parties
recognise the seasonal nature of casual employment at the Centres and
acknowledge that regular and systematic work may extend over a number of months
on a seasonal basis, but not over the full year. These circumstances will
constitute valid grounds for the employer to not unreasonably refuse an
employee’s election to convert to full time or part time employment (in
accordance with subclause 31.2.3) where the seasonal nature of the work can be
demonstrated.
31.2.9 This clause does
not apply to casual event staff employees at the Sports Centre in the
classification described in clause 5.3
32. Work Health
and Safety
32.1 Work Health and
Safety
32.1.1 For the purposes
of this clause, the following definitions shall apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or
services or to produce a specific outcome or result for that other employer
which might otherwise have been carried out by that other employer’s own
employees.
32.1.2 Any employer which
engages a labour hire business and/or a contract business to perform work wholly
or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
workplace health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method statements
that they would otherwise supply to their own employees; and
(d) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
32.1.3 Nothing in clause
32 is intended to affect or detract from any obligation or responsibility upon
a labour hire business arising under the Work Health and Safety Act 2011 or the
Workplace Injury Management and Workers Compensation Act 1998.
32.2 Disputes Regarding
the Application of this Clause
32.2.1 Where a dispute
arises as to the application or implementation of this clause, the matter shall
be dealt with pursuant to the disputes settlement procedure of this award.
32.3 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act 2001
(or equivalent interstate legislation) and are deemed by the relevant State
Training Authority to comply with the national standards for Group Training
Organisations established by the ANTA Ministerial Council.
32.4 The parties to
this agreement are committed to continuous improvement in work health and
safety (WHS) standards through the implementation of an organisational
framework, involving all parties in protecting workers' health and safety.
In addition to initial work health and safety training
for employee representatives, employee representatives may undertake one day
per annum refresher training at a course, conference or seminar, chosen in
consultation with the employer.
33. No Extra
Claims
33. 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.
34. Anti-Discrimination
34.1 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.
34.2 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.
34.3 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.
34.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or providing
junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
Federal jurisdiction.
34.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
"Nothing in this 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."
35. Area,
Incidence and Duration
35.1 This award shall
regulate the terms and conditions of employment of employees:
(a) of the
Government of NSW employed in the Public Service under Division 1, Part 4 of
the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority
Branch of the Office of Sport in the
classifications prescribed by this Award at the Sydney Olympic Park Aquatic,
Athletic and Archery Centres and
(b) not classified
as staff members of the management team.
(c) of the
Government of NSW employed in the Public Service under Division 1, Part 4 of
the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority
Branch of the Office of Sport in the classifications prescribed by this Award
in connection with (whether indoors or outdoors) any fixture, event, exhibition
or performance at the Sydney Olympic Park Sports Centre, or associated facilities.
(d) of the
Government of NSW employed in the Public Service under Division 1, Part 4 of
the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority
Branch of the Office of Sport in the classifications prescribed by this Award, in
connection with the gymnastics program, at the Sydney Olympic Park Sports
Centre, or associated facilities.
35.2 This award shall
not apply to employees employed in a security capacity in or in connection
with, or in or about (whether indoors or outdoors), the Sydney Olympic Park
Aquatic Centre, Sydney Olympic Park Athletic Centre, the Sydney Olympic Park
Archery Centre and the Sydney Olympic Park Sports Centre..
35.3 This award shall
not apply to employees at the Sports Centre who from time to time may perform
functions covered by the classification structure in subclause 5.3, who are
engaged by the week..
35.4 This award is
made following an application by the Office of Sport, Sydney Olympic Park
Authority Branch under section 10 of the Industrial Relations Act 1996 and
rescinds and replaces the Sydney Olympic Park Authority Managed Sports Venues
Award 2014 published on 4 July 2014 (376
IG page 630) and all variations thereof.
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 IG 359) have been
included in the award.
35.5 The award will operate
from 1 July 2016 and remain in force until 30 June 2018.
35.6 The parties to
this award have agreed to commence discussions for a new award 6 months prior
to the nominal expiry date.
PART B
Table 1 - Rates of Pay for Full-Time Classifications under
Clause 5.1
Classification
Level
|
Salary from the
first pay period on or
|
Salary from the
first pay
|
|
after 1 July 2016
|
period on or after
1 July
|
|
(2.50%)
|
2017 (250%)
|
|
$
|
$
|
Level 1
|
40,861
|
41,883
|
Level 2
|
45,958
|
47,107
|
Level 3
|
51,074
|
52,351
|
Level 4
|
61,271
|
62,803
|
Table 2 - Hourly Rates of Pay for Casual Employees under
Clause 5.2
Classification
Level
|
Hourly Rates from
the first pay
|
Hourly Rates from
the first pay
|
|
period on or after 1
July 2016
|
period on or after
1 July 2017
|
|
(2.50%)
|
(2.50%)
|
|
$
|
$
|
Level A
|
23.90
|
24.50
|
Level B
|
25.50
|
26.10
|
Level C
|
27.10
|
27.80
|
Table 3 - Hourly Rates of Pay for Sports Centre Casual Event
Staff Employees under clause 5.3
Classification
|
Monday to Sunday
|
Public Holidays
|
Monday to Sunday
|
Public Holidays
|
Level
|
from the first pay
|
from the first pay
|
from the first pay
|
from the first pay
|
|
period on or after
1
|
period on or after
1
|
period on or after
1
|
period on or after
1
|
|
July 2016(2.50%)
|
July 2016 (2.50%)
|
July 2017(2.50%)
|
July 2017 (2.50%)
|
|
$
|
$
|
$
|
$
|
Level 1
|
22.70
|
47.30
|
23.30
|
48.50
|
Level 2
|
24.40
|
50.80
|
25.00
|
52.10
|
Level 3
|
27.10
|
56.40
|
27.80
|
57.80
|
Level 4
|
32.30
|
67.10
|
33.10
|
68.80
|
Table 4 - Rates of Pay for Full-Time Classifications
under Clause 5.4
Classification
|
Salary from the
first pay
|
Salary from the
first
|
Level
|
period on or after
1 July
|
pay period on or
after
|
|
2016 (2.50%)
|
1 July 2017 (2.50%)
|
|
$
|
|
Level 1
|
659.80
|
676.30
|
Level 2
|
680.80
|
697.80
|
Level 3
|
709.10
|
726.80
|
Level 4
|
733.40
|
751.70
|
Level 5
|
777.80
|
797.20
|
Level 6
|
857.30
|
878.70
|
Junior Rates for
Levels 1, 2 and 3
|
Percentage of
Appropriate Adult Rate
|
|
%
|
At 16 years and under
|
55
|
At 17 years
|
65
|
At 18 years
|
75
|
At 19 years
|
85
|
At 20 years
|
100
|
Table 5 - Other Rates and Allowances for Classifications
under Clause 5.4
Item No.
|
Clause No.
|
Brief Description
|
Amount Per Week
|
Amount Per Week
|
|
|
|
Salary from the
first pay
|
Salary from the
first
|
|
|
|
period on or after
1 July
|
pay period on or
after
|
|
|
|
2016
|
1 July 2017
|
|
|
|
$
|
$
|
1
|
4.6 (a)
|
Supervisory
loadings -
|
27.70 per week
|
28.40 per week
|
|
|
up to 5 employees
|
|
|
|
|
|
|
|
2
|
4.6 (b)
|
Supervisory
loadings - 6
|
37.60 per week
|
38.50 per week
|
|
|
to 10 employees
|
|
|
|
|
|
|
|
3
|
4.6 (c)
|
Supervisory
loadings - 11
|
50.60 per week
|
51.90 per week
|
|
|
or more employees
|
|
|
|
|
|
|
|
4
|
4.7
|
First-aid allowance
|
13.00 per week
|
13.30 per week
|
|
|
|
2.55 per shift
|
2.60per shift
|
|
|
|
|
|
5
|
4.8
|
Broken Shift
Allowance
|
13.90 per day
|
14.20 per day
|
P. J. NEWALL,
Commissioner
____________________
Printed by
the authority of the Industrial Registrar.