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New South Wales Industrial Relations Commission
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Office of Sport WIN Sports and Entertainment Centres Australian Workers Union (State) Award 2017
  
Date04/06/2018
Volume382
Part3
Page No.912
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C8779
CategoryAward
Award Code 1728  
Date Posted04/06/2018

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(1728)

SERIAL C8779

 

Office of Sport WIN Sports and Entertainment Centres Australian Workers Union (State) Award 2017

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Office of Sport.

 

(Case No. 372346 of 2017)

 

Before Chief Commissioner Kite

15 December 2017

 

AWARD

 

AWARD ARRANGEMENT

 

The conditions of employment contained in Part A of this award apply to all employees.

 

The conditions of employment contained in Part B of this award apply only to all non-managerial employees.

 

The conditions of employment contained in Part C of this award apply only to all managerial employees.

 

PART A - ALL EMPLOYEES

 

Clause No. Subject Matter

 

1. Title

2. Definitions

3. Parties

4. Intention

5. No Extra Claims

6. Application

7. Period of Operation

8. Terms of Engagement

9. Rates of Pay

10. Payment of Wages

11. Superannuation and Salary Sacrificing

12. Income Protection

13. Training

14. Meal Breaks and Allowances

15. Annual Leave and Annual Leave Loading

16. Long Service Leave

17. Sick Leave

18. Personal Carers Leave

19. Bereavement Leave

20. Time off in Lieu / Make up Time / Roster Days

21. Parental Leave

22. Jury Service

23. Introduction of Change

24. Classification Level and Salary Point

25. Disputes Procedure

26. Role of the Union

27. Consultative Committee

28. Anti-Discrimination

29. Secure Employment

 

PART B - GENERAL EMPLOYEES

 

30 Classifications

31. Termination of Employment

32. Hours of Work

33. Overtime and Time Off In Lieu

34. Meal Breaks and Allowances

35. First Aid Allowance

36. Public Holidays

37. Uniforms and Protective Clothing

38. Multi-Hiring

 

PART C - MANAGEMENT EMPLOYEES

 

39. Duties and Responsibilities

40. Remuneration

41. Provision of a Vehicle

42. Termination

43. Hours of Work

44. Confidentially

45. Professional Indemnity

46. Resources

47. Professional Development

48. Expenses

 

PART D - MONETARY RATES

 

Table 1 - Non-annualised Employees Rates of Pay

Table 2 - Casual Employees Rates of Pay

Table 3 - Annualised Employees Rates of Pay

Table 4 - Management Employees Rates of Pay

Table 5 - Other Rates and Allowances

 

PART A - ALL EMPLOYEES

 

1. Title

 

1.1 This award shall be known as the Office of Sport WIN Sports and Entertainment Centres Australian Workers Union (State) Award 2017.

 

2. Definitions

 

"Employee" means a person employed by the Office of Sport at the WIN Sports and Entertainment Centres on an ongoing full-time, ongoing part-time, temporary or casual basis.

 

"General Employee" means an employee engaged in a classifications contained in Tables 1, 2 or 3 of Part D - Monetary Rate of the award.

 

"Management Employee" means an employee engaged in a classification contained in Table 4 of Part D - Monetary Rates of the award.

 

"Union" means the Australian Workers Union, New South Wales.

 

"WSEC" means the WIN Sports and Entertainment Centres.

 

3. Parties

 

3.1 The parties to this award are:

 

a. The Office of Sport;

 

b. The Industrial Relations Secretary; and

 

c. The Australian Workers’ Union, New South Wales (the Union).

 

4. Intention

 

4.1 The parties to this Award acknowledge that good industrial relations are central to the effective and efficient operation of facilities controlled by the WIN Sports and Entertainment Centres and thereby providing the workforce with fair and equitable rates of pay, stability of income and employment, whilst providing the community of the Illawarra with first class sporting, entertainment and recreation facilities.

 

5. No Extra Claims

 

5.1 Other than as provided for in the Industrial Relations Act 1996 and the Industrial Relations (Public Sector Conditions of Employment) Regulation 2014, there shall be no further claims/demands or proceedings instituted before the NSW Industrial Relations Commission for extra or reduced wages, salaries, rates of pay, allowances or conditions of employment with respect to the Employees covered by the Award that take effect prior to 13 December 2018 by a party to this Award.

 

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

 

6. Application

 

6.1 This Award is binding on the Office of Sport, WSEC, employees of the Office of Sport working for the WSEC, and the Australian Workers Union (New South Wales Branch) representing their members employed at the WSEC, in respect of the employment conditions and rates of pay for the Office of Sport employees engaged in the operation, maintenance and administration of grounds and facilities operated and/or controlled by the WIN Sports and Entertainment Centres.

 

7. Period of Operation

 

7.1 This award will operate from the first pay period commencing on or after 14 December 2017 and will remain in force for a period of one year, and rescinds and replaces the Office of Sport WIN Sports and Entertainment Centres Australian Workers Union (State) Award 2016 published 16 December 2016 (381 I.G. 81), and any variation thereof.

 

7.2 The award stands alone. All other agreements and awards are excluded from having any application to employees of the Office of Sport working for the WSEC while performing the work covered by the Agreement.

 

8. Terms of Engagement

 

8.1 Employees under this Award shall be engaged as Ongoing (full-time or part-time), Temporary or Casual employees as defined in Section 43 of the Government Sector Employment Act 2013.

 

8.2 Ongoing and temporary non-annualised full-time employees, will be paid the rate of pay for the appropriate skill level as set out in of Table 1 of Part D, Monetary Rates.

 

8.3 Ongoing and temporary annualised full-time employees will be paid the rate of pay for the appropriate skill level as set out in Table 3 of Part D, Monetary Rates. Ongoing and temporary annualised part-time employees will be paid pro-rata the rate for the appropriate skill level as set out in Table 3 of Part D, Monetary Rates. Further terms of engagement for annualised salaried employees are set out in clause 33 of Part B, Overtime and Time off in Lieu.

 

8.4 Ongoing and temporary non-annualised part-time employees will be engaged to work flexible hours and rosters to meet the needs of the business as agreed in advance between the WSEC and the employee concerned, provided that such lesser hours are no fewer than 80 hours per month or 4 hours per shift.

 

8.5 Part-time non-annualised employees will be paid pro-rata the rate for the appropriate skills level as set out in Table 1 of Part D Monetary Rates. The provisions of subclause (b) of this Clause will apply to part-time employees in addition to the other provisions of this award, with the exception that sick leave, annual leave loading and family leave will be allowed on a pro-rata basis.

 

8.6 Casual employees will be employees employed by the hour and will be employed for a minimum of three (3) hours per engagement.

 

8.7 The WSEC may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training, provided that such duties are not designed to promote de-skilling.

 

8.8 Despite any other provision of this Award, the WSEC is not required to pay wages to any employee for any day on which that employee cannot be usefully employed because of any strike.

 

9. Rates of Pay

 

9.1 The rates of pay in this Award take into account structural efficiency changes and safety net wage increases available up to the date of its making; and include a loading in lieu of penalty rates on Saturday and Sundays.

 

9.2 The ordinary hourly rates of pay relating to persons employed under this award are those applying in Tables 1, 2, 3 and 4 of Part D attached hereto.

 

9.3 An employee will only be classified and paid at a higher level of skill if the WSEC has a vacancy at that level and the employee has attained the necessary skills and has been accredited and appointed to a higher level. The employee will be paid the rate for that classification regardless of the actual task carried out in the enterprise.

 

9.4 An employee who is required to perform work, for a temporary period, at a higher skill level than that which is normally performed will be paid at the appropriate higher wage rate whilst performing such duties, provided that the work so performed extends beyond four hours.

 

9.5 A non-annualised or annualised salaried employee who, during a single period of relief of 5 working days or greater, is required to perform the duties of a Manager and, in the opinion of the appropriate Department Head, satisfactorily performs the whole of the duties and assumes the whole of the responsibilities of that role will be paid by allowance any difference between the employee’s present salary and the salary to which the employee would have been entitled if appointed to that Management role.

 

9.6 When the employee undertakes a proportion of the duties and responsibilities of the relief role an allowance will be paid to reflect the percentage of duties undertaken, for example if an employee undertakes 50% of the duties and responsibilities of the substantive occupant during the relevant period a 50% allowance would be payable.

 

10. Payment of Wages

 

10.1 All moneys payable to employees will be paid fortnightly by electronic funds transfer.

 

10.2 For each pay period the employee will be supplied with a written statement showing how the pay has been made up and including details of any deductions.

 

11. Superannuation and Salary Sacrificing

 

11.1 The subject of superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation (Resolution of Complaints) Act 1993 and Section 124 of the Industrial Relations Act 1996 (NSW). This legislation, as varied from time to time, governs the Superannuation rights and obligations of the parties.

 

11.2 Subject to the requirements of this legislation, superannuation contributions may be made to either ASSET (Australian Superannuation Savings Employment Trust), Australian Super, or HESTA (Health & Community Services Industry Fund) on a monthly basis on behalf of employees engaged under the provisions of this award.

 

SALARY SACRIFICE TO SUPERANNUATION

 

11.3 Notwithstanding the salaries as varied by Clause 9 Rates of Pay of this award an employee may elect, subject to the agreement of the WSEC, to sacrifice a portion of the salary payable under Clause 9 Rates of Pay of this award to additional employer superannuation contributions. Such election must be made prior to the commencement of the period of service to which the earnings relate. The amount sacrificed may be up to one hundred (100) percent of the salary payable under Clause 9 Rates of Pay of this award.

 

11.4 Where the employee has elected to salary sacrifice a portion of their salary to additional employer superannuation contributions:

 

i. Subject to Australian Taxation law, the sacrificed portion of salary will reduce the salary subject to appropriate PAYG taxation deductions by the amount of that sacrificed portion; and

 

ii. Any allowance, penalty rate, payment for unused leave entitlements, weekly worker’s compensation or other payment, other than any payments for leave taken in service, to which an employee is entitled under this Award or any applicable Award, Act or statute which is expressed to be determined by reference to an employee’s salary, shall be calculated by reference to the salary which would have applied to the employee under Clause 9 Rates of Pay of this award in the absence of any salary sacrifice to superannuation made under this award.

 

11.5 Where an employee elects to salary sacrifice in terms of subclause 11.3 above, the WSEC will pay the sacrificed amount into the relevant superannuation fund.

 

12. Income Protection

 

12.1 All ongoing and temporary weekly employees and regularly employed casuals (being casuals rostered for more than 20 hours in any 28 day period) shall be covered by a Sickness and Accident Income Protection Plan approved and endorsed by the union.

 

12.2 It is a term of this award that the WSEC will bear the costs of one percent of gross weekly award rate of pay per member towards providing income protection with a minimum of $4.00 up to a maximum of $8.00 per month, for regularly employed casuals (as defined).

 

13. Training

 

13.1 The WSEC acknowledges its commitment to provide its employees with career paths and access to more varied, fulfilling and better paid jobs through training.

 

13.2 No employee will be required to perform work at a level of skill for which that employee has not been suitably trained. In accordance with the needs of the enterprise, training will be provided to enable employees to qualify for classification to, and to make a contribution at, higher levels of skill, by the application of a Training Program.

 

13.3 The WSEC will accept responsibility for the organisation of ‘on-the-job’ training but employees will assist as required in the training of other employees. For training ‘off-the-job’ the WSEC will accept responsibility for arranging the training in all cases where the WSEC requests such training to meet staffing requirements.

 

13.4 The WSEC will pay at the classified level of skill during all training undertaken in normal working hours. For training undertaken ‘off-the-job’ and outside normal working hours, and approved by the WSEC as being in accordance with the need of the enterprise, the company will pay all necessary fees and the cost of essential textbooks, literature and stationery.

 

13.5 An employee who undertakes one or more tasks, but not all the tasks, at a higher level of skill than that to which the employee is accredited, as part of their training for qualification to that higher level, will continue to be paid at the classification level rate for which the employee has been accredited.

 

14. Meal Breaks and Allowances

 

14.1 Full-time and part-time employees

 

i. All employees will be allowed an unpaid meal break of 45 minutes duration, to be taken between four to six hours after the commencement of work (depending on the need of the enterprise). Each subsequent unpaid meal break of similar duration will be taken between four to six hours after the time of the previous meal.

 

14.2 Casual Employees

 

i. All casual employees who work for more than four consecutive hours will be entitled to an unpaid meal break of 45 minutes duration, to be taken according to the needs of the operation before six hours have elapsed. After each subsequent four-hour period from the time of the first entitlement the employee will be given a further meal break under similar conditions.

 

ii. Casual employees who work at least four hours will be entitled to a paid refreshment break of ten minutes duration during that shift, to be taken at the place of work and at a time to suit the needs of the enterprise.

 

15. Annual Leave and Annual Leave Loading

 

15.1 The annual leave provisions will be governed by the Annual Holidays Act 1944 (NSW) as amended.

 

15.2 All ongoing and temporary employees shall be entitled to four weeks annual leave for each completed year of service, less the period of annual leave taken.

 

Note: For part-time employees the entitlement under this subclause, expressed in hours, is pro-rata the entitlement of fulltime employees.

 

15.3 Ongoing and temporary employees engaged as General Employees under Tables 1 or 3 of Part D of this award shall accrue at the anniversary of their employment a loading equal to seventeen and a half percent of their ordinary pay for four weeks.

 

15.4 Annual leave loading shall be paid on a pro-rata basis on each occasion an employee takes annual leave in the leave loading year, except as provided for in subclause 15.9 of this clause, up to the maximum amount specified in subclause 15.3.

 

15.5 The taking of annual leave shall as far as practicable be taken at a mutually agreed time and for a mutually agreed duration up to the maximum entitlement contained herein.

 

15.6 Under no circumstances shall annual leave be allowed to accrue above the entitlement for a period of two years.

 

15.7 No employee shall be recalled from annual leave once they have commenced such leave, without the re-crediting of that proportion of the leave already used and the re-imbursement of any additional expenses incurred by the employee as a consequence of such recall.

 

15.8 An employee may elect, with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual leave not exceeding five days in single day periods or part thereof, in any calendar year at a time or times agreed by the parties.

 

15.9 An employee and employer may agree to defer payment of annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

16. Long Service Leave

 

16.1 Prior to 1st September 2005, employees are entitled to long service leave in accordance with the provisions of the Long Service Leave Act 1955.

 

16.2 For continuous service post 1st September 2005, employees shall accrue long service leave as follows:

 

a. Ten weeks paid leave after ten years’ service, and thereafter,

 

b. Five weeks paid leave on the completion of each additional five years’ service.

 

Note: For part-time employees the entitlement under this subclause, expressed in hours, is pro-rata the entitlement of fulltime employees.

 

16.3 Such leave accrual shall not apply to any long service leave that has accrued prior to 1st September 2005.

 

17. Sick Leave

 

17.1 A full time employee shall be entitled to 10 days sick leave per year. Part-time employees shall be entitled to a proportionate amount of sick leave.

 

17.2 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. Such accumulation shall be limited to benefits up to a maximum of 100 days paid leave.

 

17.3 An employee shall not be entitled to sick leave for any period in respect of which such employee is entitled to worker’s compensation.

 

17.4 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.

 

17.5 Where an employee is absent for more than one consecutive day, or more than three single days in a year, the employee shall provide the employer with a doctor’s certificate.

 

17.6 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, state the nature of the injury or illness, and the estimated duration of the absence.

 

18. Personal Carers Leave

 

Use of Sick Leave

 

18.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 18.3.2 of this subclause, who need the employee’s care and support, shall be entitled to use, in accordance with the subclause, any current or accrued sick leave entitlement provided for in Clause 17, Sick Leave, of this Part for absences to provide care and support for such persons when they are ill. Such leave may be taken for part of a single day.

 

18.2 The employee shall, if required, 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. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

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

 

18.3.1 The employee being responsible for the care and support of the person concerned; and

 

18.3.2 The person concerned being:

 

a. a spouse of the employee, or

 

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

 

c. a child or an adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), parent (including a foster parent and legal guardian), grandparent, grandchild or sibling of the employee or spouse or de facto spouse of the employee; or

 

d. a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

 

e. a relative of the employee who is a member of the same household, where for the purpose of this paragraph:

 

"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.

 

18.4 An employee shall, wherever practicable, give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such of such absence at the first opportunity on the day of absence.

 

Unpaid Leave for Family Purpose

 

18.5 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 18.3.2above who is ill.

 

19. Bereavement Leave

 

19.1 A full-time or part-time employee shall be entitled to a maximum of three (3) days leave without loss of pay on each occasion and on the production of satisfactory evidence of the death within Australia of a parent (including foster parent and parent-in-law), grandmother, grandfather, wife, husband, de facto wife, de facto husband, sister, brother, child, stepchild or grandchild.

 

20. Time Off in Lieu / Make Up Time / Roster Days

 

20.1 Time Off in Lieu of Payment of Overtime

 

20.1.1 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 twelve (12) months of the said election.

 

20.1.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate that is an hour for each hour worked.

 

20.1.3 If, having elected to take time as leave in accordance with paragraph 20.1.1 of this subclause, the leave is not taken for whatever reason payment for time accrued at overtime rates shall be made at the expiry of the twelve (12) month period or on termination.

 

20.1.4 Where no election is made in accordance with the said paragraph 20.1.1, the employee shall be paid overtime rates in accordance with the award.

 

20.2 Make-up Time

 

20.2.1 An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off during 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.

 

20.3 Rostered days off

 

20.3.1 An employee may elect, with the consent of the employer, to take a rostered day off at any time.

 

20.3.2 An employee may elect, with the consent of the employer, to take rostered days off in part day amounts.

 

20.3.3 An employee may elect, with the consent of the employer, to accrue some or all rostered days off for the purpose of creating a bank to be drawn upon at a time mutually agreed between the employer and employee, or subject to reasonable notice by the employer or employee.

 

20.3.4 Where a dispute may arise in respect of this subclause, the disputes procedure as provided for in clause 25 of this award will be followed.

 

21. Parental Leave

 

21.1 An ongoing or temporary full-time and part-time employee shall be entitled to parental leave pursuant to the provisions of the NSW Industrial Relations Act 1996.

 

21.2 Concurrent with the above unpaid leave provisions, all employees shall be entitled to the following employer paid parental leave provisions:

 

a. Paid Maternity Leave - fourteen (14) weeks paid maternity leave to all female ongoing and temporary full-time and part-time employees

 

b. Paid Paternity Leave - two (2) weeks paid paternity leave to all male ongoing and temporary full-time and part-time employees

 

22. Jury Service

 

22.1 An ongoing or temporary employee required to attend for jury service will be reimbursed by the WSEC the difference between the amount received for the service and the amount the employee would have earned for ordinary hours, on production of evidence of payment received for the service.

 

23. Introduction of Change

 

23.1 Where the WSEC has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the WSEC will notify the employees who may be affected by the proposed changes, and the union, if the employees are members.

 

23.2 "Significant effects" include termination of employment, major changes in the composition of the WSEC workforce or in the skills required; the elimination or diminution of job opportunities, promotions opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. However, where this award makes provision for alteration of any of the matters referred to herein, an alteration will be deemed not to have a significant effect.

 

23.3 The WSEC will discuss with the employees affected and, if they are members of the union, the union, inter alia, the introduction of the changes referred to in subclause 23.1 of this clause, the effects the changes are likely to have on employees and will give prompt consideration to matters raised by employees and, if they are members of the union, by their union, in relation to the changes.

 

23.4 The discussions will commence as early as practicable after a definite decision has been made by the WSEC to make the changes referred to in subclause 23.1 of this clause.

 

23.5 For the purpose of such discussion, the WSEC will provide in writing to the employees concerned and, if they are members of the union, to their union, 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. However, the WSEC will not be required to disclose confidential information, the disclosure of which would be contrary to the WSEC’s interests.

 

24. Classification Level and Salary Point

 

24.1 The WSEC shall provide in writing to each employee, a brief job description and the level upon which they are being employed and whether they will be remunerated as either a non-annualised or annualised employee.

 

24.2 An employee may request on an annual basis a performance and skills review if they believe their work, level of responsibility or skill have changed significantly enough to warrant an upgrade to a new salary point or level.

 

24.3 Employees may be appointed to their classification level and salary point on the wages structure according to the level of job performance, responsibility, skills, experience and work to be carried out.

 

25. Disputes Procedure

 

25.1 All grievances and disputes relating to the provisions of this award shall initially be dealt with as close to the source as possible, with graduated steps for further attempts at resolution at higher levels of authority within the Agency, if required.

 

25.2 An employee is required to notify in writing their immediate manager, as to the substance of the grievance, dispute or difficulty, request a meeting to discuss the matter, and if possible, state the remedy sought.

 

25.3 Where the grievance or dispute involves confidential or other sensitive material (including issues of harassment or discrimination under the Anti Discrimination Act 1977) that makes it impractical for the employee to advise their immediate manager the notification may occur to the next appropriate level of management, including where required, to the Department Head or delegate.

 

25.4 The immediate manager, or other appropriate employee, shall convene a meeting in order to resolve the grievance, dispute or difficulty within two (2) working days, or as soon as practicable, of the matter being brought to attention.

 

25.5 If the matter remains unresolved with the immediate manager, the employee may request to meet the appropriate person at the next level of management in order to resolve the matter. This manager shall respond within two (2) working days, or as soon as practicable. The employee may pursue the sequence of reference to successive levels of management until the matter is referred to the Agency Head.

 

25.6 The Agency Head may refer the matter to the Industrial Relations Secretary for consideration.

 

25.7 If the matter remains unresolved, the Agency Head shall provide a written response to the employee and any other party involved in the grievance, dispute or difficulty, concerning action to be taken, or the reason for not taking action, in relation to the matter.

 

25.8 An employee, at any stage, may request to be represented by the Union.

 

25.9 The employee or the Union on their behalf or the Agency Head may refer the matter to the New South Wales Industrial Relations Commission if the matter is unresolved following the use of these procedures.

 

25.10 The employee, Association, Union and the industrial Relations Secretary shall agree to be bound by any order or determination by the New South Wales Industrial Relations Commission in relation to the dispute.

 

25.11 Whilst the procedures outlined in subclauses 25.1 to 25.10 of this clause are being followed, normal work undertaken prior to notification of the dispute or difficulty shall continue unless otherwise agreed between the parties, or, in the case involving work health and safety, if practicable, normal work shall proceed in a manner which avoids any risk to the health and safety of any employee or member of the public.

 

26. Role of the Union

 

26.1 Union Commitment

 

The union commits itself to promote a harmonious and productive workplace environment in which employees are committed to the organisation. Every effort will be made to ensure that the dispute settlement procedures are followed and industrial disruption is avoided.

 

In recognition of this, the following procedure will be implemented:

 

26.1.1 Attendance at the work site.

 

Properly accredited officials of the union shall have the right, subject to security arrangements, to enter the work site to observe the performance of work and to talk to employees, after notifying his presence on the worksite to managements. The union shall be provided with appropriate access to employees to promote the benefits of union membership.

 

26.1.2 Union/Employer Co-operation.

 

To facilitate union membership, the WSEC will:

 

a. Provide payroll deduction services for union fees. Such fees shall be remitted to the union on a monthly/fortnightly basis with enough information supplied to enable the union to carry out a reconciliation;

 

b. Supply all employees with an application form to join the union at the same time as employees are provided with their taxation declaration form;

 

c. Provide the union with access to talk to all new employees at all induction training. In this regard the WSEC will organise such access for the union in a way which is conductive to the union being able to give a presentation to as small a group as practicable;

 

d. Ensure that all supervisors are trained in the provisions of the award and the employer’s policy on union membership.

 

26.1.3 Role of the union delegate

 

a. For the purpose of the union conducting their business on a day to day basis, the WSEC will recognise duly elected/appointed union delegates.

 

b. Union delegates will be allowed reasonable time during work hours to interview the WSEC or the WSEC’s representatives on matters affecting employees.

 

c. Union delegates will be allowed reasonable time during working hours to discuss with individual union members any matters pertaining to their work.

 

d. Union delegates will be allowed to meet with their union official(s) to discuss issues, which may need to be progressed either in the consultative committee or via the dispute settling procedure. Such meetings whilst in paid time will be determined following consultation with the employer.

 

26.14 Investigating Complaints

 

For the purpose of investigating complaints concerning the application of this Award, a duly accredited union representative shall be afforded reasonable facilities for entering an employer’s worksite during working hours, subject to the following conditions:

 

a. The representative discloses to the WSEC nominee the complaint which is to be investigated;

 

b. The representative conducts such investigations in the presence of the WSEC’s Nominee;

 

c. The representative does not interfere with work proceeding in the workshop or plant;

 

d. The representative conducts themselves properly.

 

27. Consultative Committee

 

27.1 A consultative committee made up of management and the workplace union representatives shall meet on a bi-monthly or an as-required basis for the purpose of reviewing the implementation of this award and other workplace issues which might arise from time to time.

 

27.2 Minutes of each meeting will be kept and made available to the WSEC or the union if required.

 

28. Anti-Discrimination

 

28.1 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.

 

28.2 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.

 

28.3 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.

 

28.4 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.

 

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

 

29. Secure Employment

 

29.1 Work Health and Safety

 

29.1.1 For the purposes of this subclause, 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.

 

29.1.2 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 occupational 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.

 

29.1.3 Nothing in this subclause 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.

 

29.2 Disputes Regarding the Application of this Clause

 

29.2.1 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.

 

29.3 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.

 

PART B - GENERAL EMPLOYEES

 

30. Classifications

 

30.1 Employees shall perform all duties required by the WSEC within their skill and competence, to ensure the elimination of demarcation barriers preventing an employee from performing the whole job. At times, these duties may require an employee to perform tasks incidental to their normal activities in order to ensure events are staged in the most cost-efficient manner possible.

 

30.2 Subject to subclause 30.1 of this clause, general employees shall be advised in writing of their employment relating to the following classification structure:

 

30.3 LEVEL 1

 

30.3.1 Shall be an employee with no qualifications or relevant industry experience, who performs duties of a routine nature, requiring the use of minimal judgement and direct supervision.

 

Such an employee shall be undertaking either on-the-job or off-the-job structured training relevant to the enterprises’ needs.

 

30.3.2 A Level 1 employee will perform the work of a Level 2 but under direct supervision. The maximum period of employment for an employee as a Level 1 employee shall be 380 hours.

 

30.3.3 Provided that an employee who hasn’t demonstrably reached the standard of performance required by the WSEC justifying progression to Level 2, shall be counselled and provided the appropriate additional training and be allowed the opportunity to achieve the standard required for a period of a maximum of four (4) additional weeks, prior to a further review of their performance. After such additional period the employment of the individual shall either be terminated or they shall be reclassified to a higher level or offered an alternative role.

 

30.4 LEVEL 2

 

30.4.1 Shall be an employee who has completed some structured training relevant and/or experience to the operational needs of the WSEC, and who is continuing such training, or has recognised industry experience appropriate to the WSEC’s needs.

 

30.4.2 A Level 2 employee shall, in addition to the skills of a Level 1 operative be able to perform a majority of the following:

 

i. Assist with the on-the-job training of Level 1 employees, to a limited degree;

 

ii. Exercise intermediate keyboard skills with instructions;

 

iii. Demonstrated ability to work from instructions or procedures;

 

iv. Have a demonstrated understanding of general office, or box office, or cash control or staging or stadium procedures;

 

v. Demonstrated customer service skills;

 

vi. Able to work effectively as a member of a small team under general technical, trade or administrative supervision;

 

vii. Demonstrated knowledge of occupational health and safety requirements relating to the operation of Public Venues

 

viii. Knowledge of safe handling procedures in regards to tools and chemicals

 

30.4.3 Indicative tasks for Level 2 shall include but not be limited to:

 

Events Employees

Grounds Building And

Administration &

 

Technical Employees

Client Support

Usher

Labourer

General Receptionist

 

 

 

Crowd control, which does not

Cleaner

Basic Clerical duties

require a security licence.

 

 

 

General Grounds Assistant

Maintenance of simple records

General Attendant

 

 

 

Trades Assistant

Basic Client Liaison

Ticket Seller

 

 

Customer Service Assistant

Stage Hand

 

Sales Assistant

Driver

 

 

30.5 LEVEL 3

 

30.5.1 Shall be an employee who has completed structured training and/or experience recognised by the WSEC as relevant and appropriate to perform within the scope of this Level or has industrial experience appropriate to the WSEC’s needs.

 

30.5.2 An employee at this Level shall assist with the training and development of employees at Levels 1 and 2.

 

30.5.3 An employee at this Level shall exercise discretion within one’s own level of skill and training, whilst taking responsibility for the quality of one’s own work (subject to routine supervision). A person at this level shall also be a person who typically holds a trade or equivalent qualification and/or experience.

 

30.5.4 Indicative tasks at this level would include:

 

Events Employees

Grounds Building

Administration &

 

Technical Employees

Client Support

Can perform function of Level 2

Can perform function of Level 2

Can perform function of Level 2

but in addition includes:

but in addition includes:

but in addition includes:

Supervisors of Ushers/crowd

Trades - Groundsmen

Client Services Officer

control

Trades - Technicians Cleaner

 

 

Non-qualified

 

 

Bookkeeper

 

 

Bookings Clerk

 

 

Personal Assistant

 

30.6 LEVEL 4

 

30.6.1 Shall be an employee who is engaged in supervising, training and co-ordinating employees and who is responsible for the maintenance of service and operational standards across a mixed trade team.

 

30.6.2 Indicative tasks and competencies for a Level 4 employee would include:

 

Events Employees

Grounds Building Technical

Administration & Client Support

 

Employees

 

Typical work at this Level

Typical work at this Level

 

includes:

includes:

 

 

 

 

Maintenance Supervisor

Bookkeeper

 

Operations Supervisor

 

 

Technical Supervisor

 

 

Grounds Keeper

 

 

30.7 Level 5

 

30.7.1 Shall be an employee who is a holder of a post trade qualification or technical qualification relevant to the WSEC’s operations or will have worked or studied in a relevant field and/or have specialist knowledge, qualifications and experience.

 

30.7.2 A Level 5 employee will be directly responsible to the Executive Management for the operation and policy development relating to a discreet workforce or site.

 

30.7.3 Indicative tasks and competencies for a Level 5 employee would include:

 

Events Employees

Grounds Building Technical

Administration & Client

 

Employees

Support

 

Typical work at this Level

Typical work at this Level

 

includes:

includes:

 

 

Operations Coordinator

IT/Systems Coordinator

 

 

Accounts Officer

 

30.8 Progression to succeeding levels within the above structure will be dependent on a demonstrated capacity to perform the functions required and availability of a vacant role.

 

31. Termination of Employment

 

31.1 Employment may be terminated by either the WSEC or the employee at any time during the week by the giving of the following notice (except as provided by subclause 8.3 of Clause 8 Terms of Engagement of Part A, and subclause 31.6 of this clause:

 

Period of Continuous Service

Period of Notice

Over 1 year and up to the completion of 3 years

2 weeks

Over 3 years and up to the completion of 5 years

3 weeks

Over 5 years

4 weeks

 

Plus one extra week for employees over 45 years of age with not less than two years continuous service (except in the case of an employee giving notice).

 

31.2 An employee who fails to give the appropriate notice may have moneys withheld to the equivalent of the notice period required, and not given.

 

31.3 The WSEC will not terminate an employee’s employment for reasons related to the employee’s conduct, performance, malingering or inefficiency, unless the employee has been given the opportunity to defend himself or herself against the allegations made or the WSEC could not reasonably be expected to give the employee that opportunity.

 

31.4 An employee who has been given notice will be allowed up to one day as time off without loss of pay (at a time convenient to the WSEC) for the purpose of seeking another job.

 

31.5 Following a request from the terminated employee, the WSEC will provide a written statement of the period of employment and the type of work performed.

 

31.6 The WSEC may dismiss any employee without notice for neglect of duty or misconduct. In such case the employee will be paid only up to the time of dismissal.

 

31.7 The employment of a casual employee may be terminated by either the WSEC or the employee without the giving of notice. However, the WSEC will pay wages for the minimum period as set out in subclause 8.4 of Clause 8 Part A, Terms of Engagement, providing the employee works for the remainder of the minimum period if required to do so.

 

32. Hours of Work

 

The ordinary hours of work can be rostered Monday to Sunday, inclusive, subject to the following:

 

32.1 Hours of Work (Ongoing and Temporary Employees)

 

32.1.1 To suit the needs of the enterprise, ordinary hours will be worked on a rostered basis over a fortnightly period with the following limitations;

 

a. A maximum of 76 ordinary hours will be worked in any one fortnightly period.

 

b. A maximum of 10 ordinary hours will be worked in any 24 hours period.

 

32.2 The ordinary hours will be rostered to give employees four clear days off in 14, and, at least two lots of consecutive days off in 28.

 

32.3 Rosters (Ongoing and Temporary Employees)

 

32.3.1 Rosters will be provided at least seven days in advance, unless such changes are mutually agreed. Roster changes given with less than seven days’ notice will incur a penalty of 50 per cent of the appropriate skill level rate to be applied to any shifts worked for which less than seven days’ notice has been given.

 

32.3.2 If a changed roster is advised with less than seven days but more than 48 hours’ notice, it will be obligatory for employees to work the roster. If notice is less than 48 hours it will be optional for the employees to work the roster.

 

32.4 Rosters (Casual Employees)

 

32.4.1 Casuals will be rostered to meet the requirement of the enterprise. Should a casual be advised of a cancellation or shortening of roster with less than four (4) hours’ notice they shall be paid for half of the number of hours rostered originally.

 

33. Overtime and Time Off in Lieu

 

33.1 Overtime based on the payment of time and one half for the first two hours and double time thereafter for work on other than Public Holiday shall be paid to a non-annualised full-time or part-time employee, in the following circumstances:

 

a. For all hours worked in excess of 10 per shift

 

b. For all hours worked in excess of 76 in a fourteen day cycle

 

33.2 Overtime based on the payment of time and one half for the first two hours and double time thereafter for work on other than Public Holiday shall be paid to a casual employee engaged under the provisions of Section B of Part D, for all hours worked in excess of 10 per shift.

 

33.3 An employee who has worked between midnight and 6:00am (and has commenced work before 5:00 am), will be provided with a meal by the WSEC or be paid the amount as set out in Item 2 of Table 5 - Other Rates and Allowances, of Part D, Monetary Rates, for each meal break occurring before finishing time.

 

33.4 Non-annualised employees may take time off in lieu of overtime payments as agreed between the employee and employer. Such time off shall be shall be taken at the ordinary time rate, that is an hour for each hour worked.

 

33.5 Notwithstanding subclauses 33.1, 33.2 and 33.3 of this Clause, employees engaged as annualised salaried employees shall work hours and rosters to meet the needs of the business subject to the following:

 

a. Employees can work up to 20 hours per twenty eight (28) day cycle in excess of 152 hours without the payment of overtime or time off in lieu. The number of hours worked by part-time annualised employees without the payment of overtime or time off in lieu will be based on their normal working week hours e.g. an employee working 3/5 of a normal 38 hour working week can work up to 3/5 of 20 hours per twenty eight (28) day cycle without the payment of overtime or time off in lieu.

 

b. All hours worked in excess of 172 hours per twenty eight (28) day cycle (or pro-rata hours for part-time annualised employees) shall be accrued as time off in lieu, at overtime rates, and taken at a time and date agreed between the employer and the employee.

 

c. ‘Overtime rates’ in above paragraph 33.5 (b) are defined as time and one half (1) for the first two hours worked, and double (2) time thereafter, during each shift worked.

 

d. The calculation of time ‘worked’ during each twenty eight (28) day cycle includes hours away from the work place on public holidays, annual leave and sick leave.

 

e. It is agreed by the parties that the annualised salaried employees shall receive a 10 hour break between shifts wherever possible.

 

33.6 The employer shall monitor the hours of work of employees so that no employee works excessive hours which might contribute to an occupational health and safety problem for the employee concerned, other employees or patrons of the WSEC.

 

34. Meal Breaks and Allowances

 

34.1 Employees who are required to work through a meal break will be paid at the rate of double time for the period when the meal break would have been taken.

 

34.2 All employees will be allowed a paid refreshment break of ten minutes, to be taken at the place of work and at a time to suit the needs of the enterprise.

 

35. First Aid Allowance

 

35.1 An employee who holds and appropriate first-aid certificate and who is appointed by the WSEC to perform first-aid duties, in addition to ordinary work, will be paid an allowance per day as set out in Item 3 of Table 5 - Other Rates and Allowances, of Part D, Monetary Rates, in addition to the wage rate as set out in Table 1 or Table 3 - Rates of Pay, of the said Part D.

 

36. Public Holidays

 

36.1 The days on which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queens Birthday, Labour Day, Christmas Day, Boxing Day, Union Picnic Day (being the first Tuesday after Easter) or any proclaimed days in lieu thereof throughout the State shall be holidays without deduction from the wages due to any employee for the week in which such holiday or holidays occur.

 

36.1.1 Provided that the above mentioned holidays may be substituted for another day/s off by agreement between the employer and employee(s) to be taken within one (1) month of the said holiday/s or adjacent to a period of annual leave.

 

36.1.2 Part-time employees are entitled to paid absence on a public holiday only when the public holiday falls on a day that is regularly worked by the employee (working days as defined in the part-time employee’s employment agreement). When a public holiday falls on a non-working day, the part-time employee is not entitled to paid absence.

 

36.2 Entitlement to paid absence on the Union Picnic Day shall only apply to non-annualised and annualised employees who are members of the Union.

 

36.3 Any full-time or part-time 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 shall receive double time and a half based on the ordinary hourly rate for the appropriate non-annualised classification.

 

36.4 Where the Picnic Day referred to in subclause 36.2 of this Clause falls on a bump-in, bump-out or an event day, the employer shall organise an alternative union picnic day at a time agreeable between management and the workplace union representatives.

 

37. Uniforms and Protective Clothing

 

37.1 Where employees are required to wear a branded uniform they will provided free of charge.

 

37.2 Where items of clothing referred to in subclause 37.1 are required to be cleaned and maintained by the employee the provisions of Part D Table 5, herein, shall apply.

 

37.3 The WSEC commits to providing appropriate protective clothing for employees as is deemed necessary to provide a safe working environment for Trust employees.

 

37.4 The WSEC shall have the right to determine a dress or uniform code for all employees covered by this award, which may include a particular style and colour of dress, which is practical to the working environment, such items shall be provided by the employee.

 

37.5 All uniform items, protective clothing and other tools provided by the WSEC shall remain the property of the WSEC and shall, upon demand be returned to the WSEC in reasonable conditions. Upon termination, monies owed to the employee may be withheld until such time as this subclause is complied with by the employee.

 

38. Multi-Hiring

 

38.1 Employees may be separately engaged as casual employees (whether they hold non-annualised roles or not) for duties in a separate section of the WSEC’s operations covered by this award from that in which the employee engages in their ordinary employment. For the purpose of this clause a "section" shall mean a discrete work location other than the employee’s usual work location, or alternatively, may mean a discrete set of duties other than the employee’s usual duties, provided such duties are not wholly or substantially performed in the employee’s usual work location, and shall not apply to work where overtime would normally be performed.

 

38.2 An Operator engaged for stage productions will be remunerated at the appropriate tech rate for the duration of such engagement.

 

38.3 The arrangements entered into under this clause shall be mutually agreed and recorded in writing at the time.

 

PART C - MANAGEMENT EMPLOYEES

 

39. Duties and Responsibilities

 

39.1 The employee shall:

 

39.1.1 Satisfactorily carry out the duties and responsibilities set out in the role description as provided to the employee upon commencement in that role;

 

39.1.2 take all necessary steps to meet the Performance Management Plan that will;

 

a. promote the best interests of the WSEC; and

 

b. perform all duties imposed by law.

 

39.2 The employee will assist in the implementation of decisions and policies of the WSEC.

 

39.3 It is accepted that the duties and responsibilities set out in the position description may vary from time to time, by agreement, in writing, between the WSEC and the employee.

 

39.4 In addition, notwithstanding subclause 39.3 of this Part, if one of the Management Team leaves, or the business of the WSEC changes significantly, The WSEC reserves the right to vary the duties and responsibilities set out in the role description following consultation with the employee.

 

39.5 Employees agree that employment is subject to a Code of Conduct that is based on a need for accountable, honest and responsible behaviour.

 

40. Remuneration

 

40.1 The employee shall be paid a salary in accordance with the employee’s relevant level, as detailed in the letter of appointment and the role description, and within the salary range as set out in Table 4 of Part D Monetary Rates.

 

40.2 The salary paid under subclause 40.1 of this clause is compensation for all hours worked, including work on public holidays and weekends.

 

40.3 Superannuation shall be based on the employee’s salary, excluding the provision of a motor vehicle.

 

41. Provision of a Vehicle

 

41.1 An employee may be provided with a vehicle as part of their employment.

 

41.2 Where a vehicle is supplied in accordance with this clause it shall be a fully maintained vehicle for private use and business use (to a standard agreed and approved by the WSEC), with fuel supplied, except when the employee uses the vehicle when on leave.

 

41.3 The WSEC agrees to pay any liabilities involved in Fringe Benefits Tax through the provision of the motor vehicle.

 

42. Termination

 

42.1 Where an employee is to be terminated, the following notice period shall apply.

 

a. By the employee giving two (2) months’ notice, with the General Manager authorised to approve a shorter period (of up to a minimum of one (1) month) with the employee, if considered essential.

 

b. By the WSEC with one (1) month notice in writing or by the payment of one (1) month’s pay in lieu of notice by the WSEC, where the employee does not meet the duties and responsibilities as specified in Clause 2 Duties and Responsibilities of this Part.

 

c. By the WSEC, without notice, if the employee commits any act that could entitle the WSEC to summarily dismiss the employee including:

 

i. any serious or persistent breach of any conditions of employment

 

ii. grave misconduct including dishonesty or fraud in the discharge of the employee’s duties to the WSEC

 

iii. wilful neglect or disobedience in the discharge of the employee’s duties to the WSEC

 

iv. conviction of an offence precluding or inhibiting the further performance of duties under the employee’s contract.

 

d. By the WSEC if satisfied that the employee is permanently incapacitated as a consequence of injury or illness and is unable to continue to perform the duties of the position. A termination under this clause shall constitute a medical retirement and the WSEC may consider appropriate financial retirement arrangements.

 

42.2 Upon termination of employment, the employee shall immediately return all property of the WSEC to the WSEC.

 

42.3 The provisions of Clause 23 Introduction of Change apply, notwithstanding the provisions of this Clause.

 

43. Hours of Work

 

43.1 The employee acknowledges that this is a senior managerial role and that the hours of work performed will be such as to meet the needs of the organisation, the duties and responsibilities and may include evening and weekend activity.

 

43.2 Employees agree to devote the whole of their time and attention during working hours, and such other time as may be deemed reasonably necessary, to the business of the WSEC.

 

44. Confidentially

 

44.1 Confidentiality in respect to the WSEC’s affairs must be appropriately maintained at all times. The employee must not use any property, information or knowledge of the WSEC in a manner that would not be in the best interest of the WSEC.

 

44.2 Any intellectual property invented or created by the employee as a result of his/her employment under this contract shall remain the property of the WSEC, unless agreed in writing with Venues NSW.

 

45. Professional Indemnity

 

45.1 The WSEC will indemnify the employee against any loss or claim made by a third party or cause of action of any kind arising out of their employment, provided the employee acted honestly, diligently and in good faith.

 

46. Resources

 

46.1 The WSEC shall ensure that resources and personnel as identified at the time of appointment or as varied by agreement between the WSEC and the employee, are available to the employee to enable him/her to adequately perform the duties and responsibilities outlined in the role description.

 

46.2 These resources may include the provision of a mobile phone.

 

47. Professional Development

 

47.1 It is agreed that it is the responsibility of the employee to keep informed of developments in the profession and to develop professional knowledge and ability in accordance with current management theories.

 

47.2 Where in pursuance of these aims, the employee is granted permission by the WSEC to attend a conference, seminar, short term study course or the like, the WSEC shall meet all associated costs and shall continue payment of full salary and benefits to the employee.

 

48. Expenses

 

48.1 The employee is entitled to be reimbursed those expenses legitimately and reasonably incurred in conducting and managing the arrangements of the Venues and a part of the duties outlined in the employee’s role description.

 

PART D

 

MONETARY RATES

 

Table 1 - General Employees Non-annualised Rates of Pay

 

Non-annualised rate of pay for a week not exceeding 38 ordinary hours.

 

Increases are effective from the beginning of the first pay period to commence on or after the dates in the column headings

 

Classification

Step

Ordinary Non-annualised Rate

 

 

14 December 2017

 

 

$ Per Annum

Level 1

1

41,899

Level 2

1

43,599

 

2

44,129

 

3

45,567

Level 3

1

46,899

 

2

48,145

 

3

50,374

Level 4

1

51,173

 

2

53,050

 

3

55,275

 

4

61,318

 

5

67,351

Level 5

1

73,106

 

2

80,241

 

3

86,482

 

4

95,130

 

5

104,645

 

Employees engaged under Table 1, above shall be paid 1.125 times the appropriate ordinary hourly rate for each hour, or part thereof, worked between the hours of midnight and 6am on all days, excepting Public Holidays as described in clause 8 of Part B herein.

 

Table 2 - Casual Employees Rates of Pay

 

Casual Hourly Rates for Employees engaged on all occasions except for Public Holidays.

 

Increases are effective from the beginning of the first pay period to commence on or after the dates in the column headings.

 

Classification

Step

Ordinary Hourly Rate

 

 

14 December 2017

 

 

$

Level 1

1

26.42

Level 2

1

27.48

 

2

27.83

 

3

28.88

Level 3

1

29.57

 

2

30.34

 

3

31.76

Level 4

1

32.28

 

2

33.46

 

3

34.84

 

Casual employees shall be paid the hourly rate at the Steps in each Level upon the accumulation of ordinary hours worked over time at the site. The maximum period of employment at Level 1 shall be 380 hours. In the succeeding Levels 2 through 3; progression to each Step will occur at the accumulation of 800 hours per Step for all employees, except ushers. Ushers shall progress to each Step after working 380 hours per Step.

 

Employees engaged under Table 2, above shall be paid 1.125 times the appropriate ordinary hourly rate for each hour, or part thereof, worked between the hours of midnight and 6am on all days, excepting Public Holidays as described in clause 8 of Part B herein.

 

JUNIOR RATES

 

Employees engaged as non-annualised employees or as casuals under the provisions of Table 1 or Table 2, above, who are less than 18 years of age shall be paid according to the following scale:

 

Under 17 years of age - 80% of the appropriate rate.

 

Under 18 years but more than 17 years - 90% in the appropriate rate.

 

18 years and older - 100% of the appropriate rate.

 

Provided that the scale contained above relates to employees engaged at Levels 1 and 2, performing functions other than cleaning and labouring as defined in clause 2 of Part B, here-in.

 

Table 3 - Annualised Salary Employees Rates of Pay

 

Employees engaged under annualised salary packages for all incidents or work under this award.

 

Increases are effective from the beginning of the first pay period to commence on or after the dates in the column headings

 

Classification

Step

Salary per Annum

 

 

14 December 2017

 

 

$

Level 1

 

N/A

Level 2

1

54,859

 

2

55,532

 

3

57,664

Level 3

1

59,010

 

2

60,582

 

3

63,386

Level 4

1

64,396

 

2

66,751

 

3

69,557

 

4

77,154

 

5

84,752

Level 5

1

91,994

 

2

100,969

 

3

108,821

 

Table 4 - Management Employees Rates of Pay

 

Increases are effective from the beginning of the first pay period to commence on or after the dates in the column headings.

 

Level

Pay Point

Salary per Annum

 

 

14 December 2017

 

 

$

2

Maximum

143,022

 

Minimum

126,010

1

Maximum

121,728

 

Minimum

113,411

 

Table 5 - Other Rates and Allowances

 

 

14 December 2017

 

Allowance

Amount

Casuals

 

 

 

$

$

 

1

Laundry

16.85

1.55

 

 

Allowance

Per week

Per shift

 

 

 

 

 

 

2

Meal

12.26

12.26

 

 

Allowance

 

 

 

 

 

 

 

 

3

First Aid

3.16

3.16

 

 

Allowance

Per shift

Per shift

 

 

 

 

 

 

4

Offensive

 

 

 

 

Matter

 

 

 

 

Cleaning

3.94

3.94

 

 

Allowance

Per day

Per shift

 

5

Leading Hand Allowance

 

 

 

 

3 to 10

41.94

1.32

 

 

employees

Per week

Per hour

 

 

 

 

 

 

 

11 to 20 employees

49.80

1.64

 

 

Per week

Per hour

 

 

 

 

 

 

 

More than

59.76

1.97

 

 

20

Per week

Per hour

 

 

employees

 

 

 

 

 

 

P. KITE, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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