Sydney Cricket and Sports Ground Trust (Maintenance
Staff) Enterprise Award 2018
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian Federation of Employers and Industries, Industrial Organisation of Employers and State Peak
Council.
(Case No. 386497 of 2017)
Before Chief Commissioner Kite
|
12 January 2018
|
ENTERPRISE AWARD
Part A
1. Title
This enterprise award shall be known as the Sydney
Cricket and Sports Ground Trust (Maintenance Staff) Enterprise Award 2018.
2. Arrangement
Clause No. Subject
Matter
1. Title
2. Arrangement
3. Parties
4. Definitions
4A. Contract of
Employment
5. Intent of
the Enterprise Award
6. Commitment
to Improving Productivity, Efficiency and Flexibility
7. Measures
to Achieve Gains in Productivity, Efficiency and Flexibility
8. Hours of
Work
9. Rostered
Days Off
10. Apprentices
11. Annual
Leave
12. Sick Leave
13. Long
Service Leave
14. Parental
Leave
15. Bereavement
Leave
16. Jury
Service
17. Induction/Training
18. Wage Rates
19. Allowances
20. No Extra
Claims
21. Payment of
Wages
22. Superannuation
23. Public
Holidays
24. Consultative
Committee
25. Work Health
and Safety
26. Contracting
of Works
27. Trust
Uniform and Personal Identification
28. Tools
29. Posting of
Notices
30. Union
Delegate
31. Fares and
Travel Time
32. Income
Protection Insurance
33. Grievance
and Dispute Procedures
34. Termination
of Employment
35. Redundancy
36. Relationship
to Parent Awards
37. Anti-Discrimination
38. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
3. Parties
3.1 The parties to
this enterprise award are:
3.1.1 The Sydney
Cricket and Sports Ground Trust; and
3.1.2 the following industrial organisations of employees that
represent persons employed, or intending to be employed, in this enterprise:
3.1.2.1 The
New South Wales Plumbers and Gasfitters Employees' Union
3.1.2.2 The
Construction, Forestry, Mining and Energy Union (New South Wales Branch); and
3.1.2.3 The
Electrical Trades Union of Australia, New South Wales Branch.
4. Definitions
4.1 "Enterprise
Award" means this enterprise award.
4.2 "Operative
Date" means the first full pay period on or after the date of the approval
of the award.
4.3 "Enterprise"
and "Trust" means the Sydney Cricket and Sports Ground Trust
4.4 "Union(s)"
means:
4.4.1 The New South
Wales Plumbers and Gasfitters Employees' Union
4.4.2 Construction,
Forestry, Mining and Energy Union (New South Wales Branch) (CFMEU)
4.4.3 Electrical Trades
Union of Australia, New South Wales Branch (ETU)
4.5 "TAFE"
means the NSW Technical and Further Education Commission
4A.
Contract of Employment
4A.1 "Full Time
Employee" means a permanent employee engaged to work an average of 38
hours per week.
4A.2 "Casual
Employee" means:
4A.2.1 an
employee engaged and paid as such. Casual employees shall be paid an hourly
rate equivalent to 1/38th of the weekly rate plus a loading of 20%. This
loading is inclusive of the 1/12th annual holiday component. Casual employees
shall not accrue leave entitlements under this Enterprise Award.
4A.2.2 Casual
Employees shall be engaged to facilitate permanent employees accessing leave
entitlements, or to meet operational requirements as necessary.
4A.2.3 A
casual employee may be engaged by the Trust on a regular and systematic basis
for a period not exceeding 13 weeks, provided that such time restriction will
not apply in circumstances where a casual is engaged to replace an employee on
long term sick leave or workers compensation.
5. Intent of the
Enterprise Award
5.1 This Enterprise
Award has been negotiated to provide the vehicle by which the repair and
maintenance operations of the Trust can be established in an efficient,
flexible and productive manner.
5.2 The Trust, the
unions and the employees each recognise that the work methods which were used
in the past may not be consistent with the current needs of the enterprise. It
is, therefore, important that change be introduced in a consultative,
constructive and managed way in order to secure the future viability of the
enterprise and hence the long-term job security of the employees, together with
fair and equitable working conditions.
5.3 The parties
therefore commit to co-operate in their collective efforts to achieve
significant, lasting improvements in productivity, efficiency and flexibility,
together with fair and equitable working conditions.
5.4 The parties
anticipate that the Enterprise Award shall:
5.4.1 increase job satisfaction and security;
5.4.2 increase the skill levels of all members of the workforce
with the implementation of the training program, tailored to meet the
requirements of the work program;
5.4.3 increase Trust efficiency and profitability;
5.4.4 establish a management system that generates informed and
democratic input from employees on all work-related issues;
5.4.5 ensure the
development of a decisive, committed and responsive Trust decision-making
structure that resources and supports the contributions of employees to
workplace reform;
5.4.6 achieve change and progress through a process of
communications, agreements and team work;
5.4.7 improve the competitive position of the Trust in the market;
5.4.8 protect and enhance the quality of the environment;
5.4.9 realistically ensure and promote equality of employment and
shall preclude discrimination on the basis of sex, marital status, ethnic
background, religious or political beliefs.
6. Commitment to
Improving Productivity, Efficiency and Flexibility
6.1 The parties to
this Enterprise Award are committed to the continual development of flexibility
regarding the functions performed by Trust maintenance staff. The flexibility should be consistent with
agreed productivity objectives and the removal of artificial demarcation work
barriers by agreement, subject to competence and training.
6.2 The commitment
extends to individual employees performing tasks which, while primarily
involving the skills of the employee's classification, are incidental or
peripheral to the primary task and enables the completion of the whole
task. Such incidental or peripheral
tasks would be carried out giving due consideration to it being safe, legal,
sensible and within the employee's competence.
6.3 Employees shall
be required to perform all duties required by the Trust within their skill and
competence. This clause is designed to ensure the elimination of demarcation
barriers preventing an employee from performing the whole job.
6.4 In light of the
commitment to productivity, efficiency and flexibility, employees agree to perform
other works, such as preventative maintenance within the employees own trade
area, on event days.
6.5 During the term
of this Enterprise Award, the parties agree to confer on other productivity
improvements.
7. Measures to Achieve
Gains in Productivity, Efficiency and Flexibility
The parties commit to using their best endeavours to
achieve the following:
7.1 Monthly
preventative maintenance checks are to be completed within the scheduled
months;
7.2 An agreed
percentage of breakdown work orders are to be completed within the given
period; and
7.3 All pre-event
inspections are to be completed by midday, the business day before the event,
and event day maintenance requests are to be completed within the agreed time.
8. Hours of Work
8.1 Ordinary hours
of work
8.1.1 The ordinary
hours of work shall be an average of 38 hours per week over a four-week cycle
which allows for the accrual of a rostered day off in accordance with clause 9
of this Enterprise Award. Such ordinary hours may be worked between the hours
of 6.00am and 6.00 pm.
8.1.2 Notwithstanding
8.1.1, the parties acknowledge that the ordinary hours of work will generally
be worked between the hours of 7.00 a.m. and 3.30 p.m. Such hours may be varied
to accommodate operational requirements by agreement between the Trust and an
employee, provided that such hours shall not be worked outside the span of
hours specified in 8.1.1 without the payment of overtime.
8.2 During such
hours employees shall be entitled to two paid rest breaks of ten minutes
duration. It is agreed that the current
afternoon "smoko" will be taken at the end of the ordinary working
hours each day.
8.3 In addition to
the breaks specified in subclause 8.2, employees shall be allowed one unpaid
meal break each day of 30 minutes duration. Such break shall not count as time
worked
8.4 Overtime
8.4.1 Subject to subclause
8.1, all time worked at the direction of the Trust in excess of the ordinary
hours provided for in clause 8, Hours of Work shall be overtime and paid at the
rate of time and one half for the first two hours and double time thereafter.
8.5 All time worked
at the direction of the Trust on weekends shall be paid as follows:
8.5.1 Prior to 12 noon
on Saturday at the rate of time and one half for the first two hours and double
time thereafter.
8.5.2 After 12 noon on Saturday at the rate of double time.
8.5.3 An employee
required to work overtime on a Saturday shall be afforded at least 4 hours’
work or paid for 4 hours at the appropriate rate except where such overtime is
continuous with overtime commenced on Friday.
8.5.4 On Sunday at the
rate of double time.
8.6 In computing
overtime and weekend penalties each day shall stand alone.
8.7 Crib Break
8.7.1 An employee
working overtime shall be allowed a crib break of 20 minutes at the appropriate
rate without deduction of pay after the completion of a minimum of 4 hours work provided that the employee continues work after
such crib break. The crib break is to be given and taken at a mutually
agreeable time as soon as practicable after the completion of the 4 hours
worked.
8.7.2 The provision of
8.7.2 shall only apply to those employees engaged as Electricians previously
falling within the scope of the Electricians, &c. (State) Award, and who
are eligible to be members of the ETU and to those employees engaged as
Plumbers previously falling within the scope of the Plumbers and Gasfitters
(State) Award, and who are eligible to be members of The New South Wales
Plumbers and Gasfitters Employees' Union:
Unless the period of overtime is less than 1 ½ hours an
employee before starting overtime after working ordinary hours shall be allowed
the crib break of 20 minutes which shall be paid for at ordinary rates. The
Trust and employee may agree to any variation of this provision to meet the
circumstances of the work in hand provided that the Trust shall not be required
to make any payment in respect of any time allowed in excess of 20 minutes.
Subject to any agreement reached in accordance with this provision, this crib
break will be taken immediately after the afternoon smoko prior to starting
overtime.
8.7.3 The provision of
8.7.3 shall only apply to employees employed as carpenter, painter and
labourer, and who are eligible to be members of the CFMEU:
When an employee is required to work overtime after the
usual ceasing time for the day for two hours or more, the employee shall be
allowed to take at the employees ordinary rate of pay
a crib break of 20 minutes in duration immediately after ceasing time. This
crib break will be taken immediately after the afternoon smoko prior to
starting overtime.
8.8 Rest Period
After Overtime
8.8.1 When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have a rest period of at least 10 consecutive hours following
the completion of such duty.
8.8.2 An employee who
works so much overtime between the termination of ordinary work on one day and
the commencement of ordinary work the following day that he/she has not had at
least the rest period specified in 8.8.1 off duty between those times, shall
subject to this subclause, be released after the completion of such overtime
until he/she has had the rest period specified in 8.8.1 off duty without loss
of pay for ordinary working time occurring during such absence.
8.8.3 If on the
instruction of the Trust, an employee resumes or continues to work without
having had ten consecutive hours off duty, the employee shall be paid at double
ordinary time rates until the employee is released from duty for such period,
and shall be entitled to be absent from duty without loss of pay for ordinary
hours until the employee has had ten consecutive hours off duty.
8.9 Call Back
8.9.1 An employee
recalled to work overtime after leaving the Trust’s premises
(whether notified before or after leaving the premises) shall be paid a minimum
of 4 hours’ work at the appropriate rate for each time he/she is so recalled.
8.9.2 Overtime worked
in the circumstances specified in 8.9.1 shall not be regarded as overtime for
the purposes of subclause 8.8, rest period after overtime, when the actual time
worked is less than a total of 3 hours.
8.9.3 The provision of
8.9.3 shall only apply to those employees engaged as Electricians previously
falling within the scope of the Electricians, &c. (State) Award, and who
are eligible to be members of the ETU and to those employees engaged as
Plumbers previously falling within the scope of the Plumbers and Gasfitters
(State) Award, and who are eligible to be members of The New South Wales
Plumbers and Gasfitters Employees' Union.
In the case of an unforeseen circumstance arising
resulting in an employee being called back, the employee shall not be required
to work the full 4 hours if the job he/she was recalled to perform is completed
in a shorter period.
8.10 Transport home
from work
The provisions of 8.10 of this Enterprise Award shall
only apply to those employees engaged as Electricians previously falling within
the scope of the Electricians, &c. (State) Award, and who are eligible to
be members of the ETU and to those employees engaged as Plumbers previously
falling within the scope of the Plumbers and Gasfitters (State) Award, and who
are eligible to be members of The New South Wales Plumbers and Gasfitters
Employees' Union.
Where an employee, after having worked overtime, or a
shift for which he/she has not been regularly rostered, finishes work at a time
when reasonable means of transport are not available immediately upon
completion of that overtime or shift, the Trust shall provide him/her with a
conveyance to his/her home or pay him/her his/her current wage rate for the
time reasonably occupied in reaching his/her home.
8.11 Standing By
The provisions of 8.11 of this Enterprise Award shall
only apply to those employees engaged as Electricians previously falling within
the scope of the Electricians, &c. (State) Award, and who are eligible to
be members of the ETU:
Subject to any custom now prevailing under which an
employee is required regularly to hold him/herself in readiness for a call
back, an employee required to hold him/herself in readiness to work after
ordinary hours shall until released be paid standing-by time at ordinary rates
for the time from which he/she is told to hold him/herself in readiness.
9. Rostered Days Off
9.1 The parties
acknowledge and agree that the following provisions shall apply in respect of
rostered days off:
9.1.1 Employees shall
be entitled to accrue one rostered day off in the nominated work cycle;
9.1.2 Where
circumstances prevent the taking of rostered days off within the nominated work
cycle in accordance with 9.1.1 above, employees may not accumulate more than a
maximum of 5 rostered days off at any one time;
9.1.3 The rostered day
off shall be taken at a time mutually agreed to between the Trust and the
employee; and
9.1.4 An employee who
is required to work on their rostered day off shall be entitled to take an
alternative day off agreed between the Trust and the employee.
10. Apprentices
10.1 Term of
Apprenticeship
10.1.1 The period of
apprenticeship for the trades referred to in this Enterprise Award shall not
exceed four years.
10.1.2 Apprentices shall
for every day of absence from their work during any year of the term of
apprenticeship without the consent of the Trust serve one day at the end of the
calendar period of any such year of their apprenticeship if required so to do
by the Trust and the calendar period of the next succeeding year of
apprenticeship shall be deemed not to begin until the said additional day or
days have been served: Provided that in calculating the extra time to be so
served the apprentice shall be credited with time which the employee has worked
during the relevant year in excess of their ordinary hours of service.
10.2 Limitation of
Overtime
10.2.1 No apprentice
under the age of 18 years shall be required to work overtime unless the
employee so desires.
10.2.2 No apprentice
shall, except in an emergency work or be required to work overtime at times
which would prevent their attendance at technical school as required by any
statute, award or regulation application to the apprentice.
10.2.3 An apprentice
shall not work overtime except under the direction of a tradesperson.
10.3 Prohibition of
Labouring Work
10.3.1 An apprentice shall
be deemed to be working at the trade when working in association with a
tradesperson upon the material and with the tools of trade usually used by a
tradesperson, as the case may be.
10.3.2 An apprentice
shall not perform any other work than with the materials and tools of trade
usually used by a tradesperson, as the case may be.
10.4 Termination of
Employment of Trainee Apprentices
10.4.1 Two weeks' notice
of the termination of employment shall be given by either party.
10.5 TAFE Fees
10.5.1 The fees for
attending such school or correspondence class shall be paid by the Trust by
whom the apprentice is employed. Such fees shall be paid at the beginning of
each school year. The obligation of the Trust in regard to fees payable in
respect of apprentices undergoing studying the certificate diploma or degree
courses shall be limited to those prescribed for the appropriate trade course.
10.6 School Based
Apprentices
10.6.1 Progression
through Wage Structure
10.6.1.1 School
based apprentices progress through the wage scale at the rate of 12 months'
progression for each two years of employment as an apprentice, provided that
such apprentice satisfies the requirements of the Vocational Training Order
issued by the NSW Department of Education and Training (DET) relevant to the
trade being undertaken by the school based apprentice.
10.6.1.2 The
rates of pay are based on a standard apprenticeship of four years (unless the
apprenticeship is of three years duration). The rate of progression reflects
the average rate of skill acquisition expected from the typical combination of
work and training for a school based apprentice undertaking the applicable
apprenticeship.
10.6.2 Conversion from a
school based to a full time apprenticeship
Where an apprentice converts from a school based to a
full-time apprenticeship, all time spent as a full-time apprentice counts for
the purpose of progression through the wage scale set out in this Enterprise
Award. This progression applies in addition to the progression achieved as a
school based apprentice.
10.6.3 Conditions of
employment
10.6.3.1 Except
as provided by this Enterprise Award, school based apprentices are entitled to
pro-rata entitlements and all other conditions of employment contained in this
Enterprise Award.
10.6.3.2 The
school based apprentice shall be allowed, over the duration of the
apprenticeship, the same amount of time to attend off-the-job training as an
equivalent full-time apprentice.
10.6.3.3 For the
purposes of this sub-clause, off-the-job training is structured training
delivered by a Registered Training Organisation separate from normal work
duties or general supervised practice undertaken on the job.
10.6.3.4 The
duration of the apprenticeship shall be as specified in the training agreement
or contract for each apprentice. The period so specified to which the
apprentice wage rates apply shall not exceed 6 years.
10.7 Disputes and
disciplinary matters
The Settlement of Dispute provisions of this Enterprise
Award, subject to the provisions of the Apprenticeship
and Traineeship Act 2001, shall apply for the resolution of disputes and
disciplinary matters. This means that in the event that a dispute cannot be
resolved at the enterprise level in accordance with the Settlement of Dispute
provisions of this Enterprise Award, it will be first referred to the
Vocational Training Tribunal in accordance with the Apprenticeship and Traineeship Act 2001. Then if necessary it will
be referred to the Industrial Relations Commission of NSW.
10.8 Rate of Pay for
school based apprentice
10.8.1 The hourly rates
for full time apprentices as set out in this Enterprise Award shall apply to
school based apprentices for total hours worked including time deemed to be
spent off-the-job Training.
10.8.2 Where a school based
apprentice is a full time school student, the time spent in off-the-job
training for which the school based apprentice is paid is deemed to be 25 per
cent of the actual hours worked on-the-job each week. The wages paid for
training time may be averaged over the school term or year.
10.8.3 Where this
Enterprise Award specifies a weekly rate for full time apprentices the hourly
rate shall be calculated by dividing the applicable weekly rate by 38.
11. Annual Leave
11.1 Annual leave
11.1.1 Subject to the Annual Holidays Act 1944; Annual leave
accrues at 4 weeks per year, with such leave to be taken in accordance with the
Annual Holidays Act 1944, within six
months of the leave becoming an entitlement.
The Trust sees annual leave as being important to the health and well being of the employees and their families and
therefore encourages employees to take their annual leave each year.
11.1.2 The parties commit
to reducing annual leave accruals in accordance with the Annual Holidays Act 1944 by end of the nominal term of this
Enterprise Award, specifically ensuring that annual leave accruals are
maintained in accordance with the provisions of the Act.
11.2 Annual Leave
Loading
11.2.1 In this subclause
the Annual Holidays Act 1944, is
referred to as "the Act".
11.2.2 Before an employee
is given and takes his/her annual holiday, or, where by agreement between the
Trust and employee the annual holiday is given and taken in more than one
separate period, then before each of such separate periods, the Trust shall pay
the employee a loading determined in accordance with this subclause.
11.2.3 The loading is
payable in addition to the pay for the period of annual holiday given and taken
and due to the employee under the Act and this Enterprise Award.
11.2.4 The loading is to
be calculated in relation to any period of annual holiday to which the employee
becomes or has become entitled under the Act and this Enterprise Award and
where such annual holiday is given and taken in separate periods, then in relation
to each such separate period.
11.2.5 The loading is the
amount payable for the period or the separate period, as the case may be,
stated in paragraph 11.2.2 of this subclause at the rate per week of 17½ per
cent of the appropriate ordinary wage rate calculated in accordance with the
provisions of subclause 18.1 for the classification in which the employee was
employed immediately before commencing his/her annual holiday but shall not
include any other allowances, penalty or disability rates, commissions,
bonuses, incentive payments, overtime rates or any other payments prescribed by
this Enterprise Award.
11.2.6 No loading is
payable to an employee who takes an annual holiday wholly or partly in advance:
Provided that, if the employment of such an employee continues until the day
when he/she would have become entitled under the Act to an annual holiday, the
loading then becomes payable in respect of the period of such annual holiday
and is to be calculated in accordance with 11.2.5 applying the Enterprise Award
rates of wages payable on that day.
11.2.7 Where in
accordance with the Act the Trust's establishment or part of it is temporarily
closed down for the purpose of giving an annual holiday or leave without pay to
the employee concerned:
(1) an employee who is entitled under the Act to an annual
holiday and who is given and takes such annual holiday shall be paid the
loading calculated in accordance with paragraph 11.2.5.
(2) an employee who
is not entitled under the Act to an annual holiday and who is given and takes
leave without pay shall be paid in addition to the amount payable to him under
the Act such proportion of the loading that would have been payable to him
under this subclause if he/she had become entitled to an annual holiday prior
to the close‑down as his/her qualifying period of employment in completed
weeks proportionate to 52 weeks.
11.3 Annual Leave
Loading on Termination of Employment
11.3.1 When the
employment of an employee is terminated by the Trust for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which he/she became
entitled he/she shall be paid a loading calculated in accordance with subclause
11.2.5 for the period not taken.
11.3.2 Except as provided
by paragraph 11.3.1 of this subclause no loading is payable on the termination
of an employee's employment.
12. Sick Leave
12.1 Sick leave
entitlement
12.1.1 A full-time
employee who has been employed for less than five years shall be entitled to 10
days sick leave per annum.
12.1.2 A full-time
employee who has been employed for more than five years shall be entitled to 20
days sick leave per annum during the sixth and subsequent years of service.
12.2.3 A full-time
employee in the first year of employment with the Trust shall be entitled to
2.5 days sick leave every three months.
12.2 Conditions of
sick leave
12.2.1 Employees are
committed to reducing the amount of sick leave.
12.2.2 Where an employee
is absent for more than one consecutive day, or more than five days in an
anniversary year, the employee may be required to provide the Trust with a
doctor’s certificate or statutory declaration, stating the nature of the
illness and the expected duration of the absence
12.2.3 Where an employee
is absent on the day before or the day after a weekend and/or a public holiday,
the employee may be required to provide the Trust with a doctor’s certificate
or statutory declaration, stating the nature of the illness and the expected
duration of the absence.
12.3 Untaken sick
leave is cumulative from year to year, however such
leave is not payable on termination of employment.
12.4 Workers
Compensation and Sick Leave
12.4.1 If an employee is
suffering from an illness or injury for which a workers’ compensation claim is
made, the employee shall be paid sick leave while waiting for the claim to be
approved provided that:
12.4.1.1 An
appropriate medical certificate is produced.
12.4.1.2 The
employee has sick leave accrued.
12.4.1.3 And
further provided that:
12.4.1.3.1 There
shall be no double counting of workers’ compensation and sick leave.
12.4.1.3.2 If the
claim is approved the employee’s sick leave entitlements will be re-credited.
12.5 Personal/Carers
Leave
12.5.1 Use of Sick Leave
for the Purpose of Personal Carers Leave
12.5.1.1 An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in subparagraph 12.5.1.3 of subclause 12.5, who needs
the employee's care and support, shall be entitled to use, in accordance with
this subclause, any current or accrued sick leave entitlement, provided for in
Clause 12
12.5.1.2 The
employee shall, if required,
(a) establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person, or
(b) establish by production of documentation acceptable to the
Trust or a statutory declaration, the nature of the emergency and that such
emergency resulted in the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person has taken leave to care
for the same person.
12.5.1.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
12.5.1.3.1 the employee being responsible for the care of the person
concerned; and
12.5.1.3.2 the person concerned being:
(a) a spouse of the employee; or
(b) a de facto spouse,
who, in relation to a person, is a person of the opposite sex to the first
mentioned person who lives with the first mentioned person as the husband or
wife of that person on a bona fide domestic basis although not legally married
to that person; or
(c) a child or an adult child (including an adopted child, a
step child, a foster child or an ex nuptial child), parent (including a foster
parent and legal guardian), grandparent, grandchild or sibling of the employee
or spouse or de facto spouse of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of the employee who is a member of the same
household, where for the purposes of this subparagraph:
1. "relative" means a person related by blood, marriage or
affinity;
2. "affinity" means a relationship that one spouse because
of marriage has to blood relatives of the other; and
3. "household" means a family group living in the same
domestic dwelling.
12.5.1.4 An
employee shall, wherever practicable, give the Trust notice prior to the
absence of the intention to take leave, the name of the person requiring care
and that person's relationship to the employee, the reasons for taking such
leave and the estimated length of absence.
If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the Trust by telephone of such absence at
the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the Trust and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the Trust’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at Clause 33 should be followed.
12.6 Unpaid Leave for
Family Purpose
12.6.1 An employee may
elect, with the consent of the Trust, to take unpaid leave for the purpose of
providing care and support to a member of a class of person set out in subparagraph
12.5.1.3.2 who is ill or who requires care due to an unexpected emergency.
12.7 Annual Leave for
the Purpose of Personal/Carers Leave
12.7.1 An employee may
elect with the consent of the Trust, to take annual leave not exceeding ten
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
12.7.2 Access to annual
leave, as prescribed in paragraph 12.7.1 of this subclause, shall be exclusive
of any shutdown period provided for elsewhere under this Enterprise Award.
12.7.3 An employee and
the Trust may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
12.7.4 An employee may
elect with the Trusts agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
12.8 Time Off in Lieu
of Payment for Overtime for the Purpose of Personal/Carers Leave
12.8.1 An employee may
elect, with the consent of the Trust, to take time off in lieu of payment for
overtime at a time or times agreed with the Trust within 12 months of the said
election.
12.8.2 Overtime taken as
time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked.
12.8.3 If, having elected
to take time as leave in accordance with paragraph (a) of this subclause, the
leave is not taken for whatever reason payment for time accrued at overtime
rates shall be made at the expiry of the 12 month period or on termination.
12.8.4 Where no election
is made in accordance with the said paragraph (a), the employee shall be paid
overtime rates in accordance with this Enterprise Award.
13. Long Service Leave
13.1 For long service
leave refer to the Long Service Leave Act
1955 (NSW).
14. Parental Leave
14.1 For unpaid
parental leave and related entitlements refer to the Fair Work Act 2009 (Cth) as extended by
Chapter 6, Part 6-3, Division 2.
15. Bereavement Leave
15.1 An employee, other
than a casual employee, shall be entitled to up to two days bereavement leave
without deduction of pay on each occasion of the death of a person prescribed
in subparagraph 12.5.1.3.2.
15.2 The employee must
notify the Trust as soon as practicable of the intention to take bereavement
leave and will, if required by the Trust, provide to the satisfaction of the
Trust proof of death.
15.3 Bereavement leave
shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in subparagraph
12.5.1.3.2 of subclause 12.5 - Personal/Carer’s Leave of this Enterprise Award,
provided that for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
15.4 An employee shall
not be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
15.5 Bereavement leave
may be taken in conjunction with other leave available under this Enterprise
Award. In determining such a request the
Trust will give consideration to the circumstances of the employee and the
reasonable operational requirements of the business.
15.6 Bereavement
Entitlement for Casual Employees
(a) Subject to the
evidentiary and notice requirements in subclause 15.2 casual employees are
entitled to not be available to attend work, or to leave work upon the death in
Australia of a person prescribed in subparagraph 12.5.1.3.2 of subclause 12.5 -
Personal/Carer’s Leave of this Enterprise Award.
(b) The Trust and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) The Trust must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The right of the Trust to engage or
not engage a casual employee are otherwise not affected.
16. Jury Service
16.1 A full time
employee required to attend for jury service during his/her ordinary working
hours shall be reimbursed by the Trust an amount equal to the difference
between the amount paid in respect of his/her attendance for such jury service
and the amount of wage he/she would have been paid in respect of his/her
attendance for such jury service and the amount of wage he/she would have received
in respect of the ordinary time he/she would have worked had he/she not been on
jury service.
16.2 An employee shall
notify the Trust as soon as practicable of the date upon which he/she is
required to attend for jury service, and shall provide the Trust with proof of
his/her attendance, the duration of such attendance, and the amount received in
respect thereof.
17. Induction/Training
17.1 All new employees
of the Trust will attend an induction course. The purpose of the induction is
to ensure each new employee is familiar with the Trust's operations, methods of
work and to ensure that they are clearly instructed in and fully understand the
Trust's expectations of them in regard to safety, quality, work performance,
flexibility and attitude.
17.2 The induction
shall include information of the following:
scope, purpose and general
briefing on the contract;
familiarisation with, and
adherence to, the terms of employment contained within the agreement governing
each employee's contract of employment;
adherence to legislative, site
and employer safety standards and requirements;
co-operative objectives
regarding goals that the Trust has while carrying out the contract;
specific reference to the
application of the Avoidance of Disputes -grievance procedure and continuous
operations clauses;
outline of House Rules,
including disciplinary procedures;
industrial organisations
represented on site.
17.3 Trade Union
Training Leave
The provisions of this subclause shall only apply to
those employees previously falling within the scope of the Building Employees
Mixed Industries (State) Award and who are eligible to be members of the CFMEU
and those employees previously falling within the scope of the Plumbers and
Gasfitters (State) Award and who are eligible to be members of The New South
Wales Plumbers and Gasfitters Employees' Union.
17.3.1 Subject to all
qualifications in this clause, an employee appointed or elected as an
accredited representative of the union [as defined] to which he/she belongs shall,
upon application in writing to the Trust, be granted up to [5] five days leave
with pay each calendar year non-cumulative to attend courses conducted or
approved by an accredited training provider as agreed by the parties.
17.3.2 Such Courses shall
be designed and structured with the objective of promoting good industrial
relations within the offsite building and construction industry associated with
mixed enterprises.
17.3.3 Consultation may
take place between the parties and the accredited training provider as agreed
by the parties, where appropriate, in the furtherance of this objective.
17.3.4 For the purpose of
this clause an "accredited" representative of the union shall mean a
steward/delegate recognised by the Trust.
17.3.5 The following scale
shall apply:
No.
of Employees
|
Maximum
Number of Employees
|
Maximum
No. of
|
Covered
by this Enterprise Award
|
Eligible
to Attend Per Year
|
Days
Permitted
|
Up to 15
|
1
|
5
|
16 - 30
|
2
|
10
|
31 - 50
|
3
|
15
|
51 - 100
|
4
|
20
|
101 and over
|
5
|
25
|
17.3.6 The application for
leave shall be given to the Trust at least 6 weeks in advance of the date of
commencement of the course. The application for leave shall contain the
following details:
(a) The name of
employee seeking the leave;
(b) The period of
time for which the leave is sought [including course dates and the daily
commencing and finishing times]; and
(c) The title,
general description and structure of the course to be attended and the location
of where the course is conducted.
17.3.7 The
Trust shall advise the union within seven clear working days [Monday to Friday]
of receiving the application as the whether or not the application for leave
has been approved.
17.3.8 The
time of taking leave shall be arranged so as to minimise any adverse effect on
the Trusts operations. The onus shall rest with the Trust to demonstrate an
inability to grant leave when an eligible employee is otherwise entitled.
17.3.9 The
Trust shall not be liable for any additional expenses associated with an
employee’s attendance at a course other than the payment of ordinary time
earnings for such absence. For the purpose of this clause ordinary time
earnings shall be defined as the relevant Enterprise Award classification rate
including supplementary payments, shift work loadings where relevant plus
over-award payments where applicable.
17.3.10 Leave
rights granted in accordance with this clause shall not result in additional
payment or alternative time off to the extent that the course attended
coincides with an employee’s day off in the 19 day month work cycle or with any
concessional leave.
17.3.11 An employee on request by the Trust shall provide proof of
their attendance at any course within 7 days. If an employee fails to provide
such proof the Trust may deduct any amount already paid for attendance from the
next week’s pay or from any other monies due to the employee.
17.3.12 Where an employee is sick during a period when leave
pursuant to this clause has been granted proof of attendance at the course is
not required for that period and the employee shall receive payment, if
entitled, under the provisions of Clause 12 of this Enterprise Award.
17.3.13 Leave
of absence granted pursuant to this clause shall count as service for all
purposes of this Enterprise Award.
18. Wage Rates & Employee
Related Cost Savings
18.1 The rates of pay
for employees covered by this Enterprise Award are set out in Table 1 - Rates
of Pay, of Part B, Monetary Rates.
18.2 Employees covered
by this Enterprise Award shall be paid the rates of pay as set out in Column
One of Table 1 of Part B from the first full pay period on or after the
approval of this award.
18.3 Employees covered
by this Enterprise Award shall be paid the rates of pay as set out in Column
Two of Table 1 of Part B from the first pay period on or after one year from the
approval of this award.
18.4 Employees covered
by this Enterprise Award shall be paid the rates of pay as set out in Column
Three of Table 1 of Part B from the first pay period on or after two years from
the approval of this award.
19. Allowances
19.1 Sewer Choke
Allowance
19.1.1 If an employee is
employed upon any chokage or oil chokage
(other than domestic) and is required to open up any soil pipe, waste pipe or
drain pipe conveying offensive material, or scupper containing sewerage, he/she
shall be paid an additional amount of $6.14 per day or part of a day.
19.2 Height Allowance
19.2.1 An employee
working on a building or structure of a height of 15 metres or more directly
above a substantial level surface shall be paid a height allowance 0.54 cents
per hour and an additional 0.54 cents per hour for each further 15 metres
increase in the height at which he/she is working.
19.2.2 An employee
working on any building or structure in a bosun's
chair or swinging scaffold at a height up to 15 metres directly above a
substantial level surface shall be paid a height allowance 0.54 cents per hour
and an additional amount 0.54 cents per hour for each further 15 metres
increase in the height at which he/she is working.
The allowances specified in subclauses 19.1 and 19.2
shall be increased annually in accordance with the State Wage Case Decision of
the Industrial Relations Commission of New South Wales. No other rate or
allowance specified in this Enterprise Award shall be subject to variation in
accordance with this decision.
19.3 Higher Duties
Allowance
19.3.1 In the event of
the leading hand employee being absent for a period of 5 consecutive days or
more, a replacement employee may be appointed as the acting leading hand by the
Trust and shall receive the leading hand rate for all work performed Monday -
Friday falling within the ordinary hours of work.
19.3.2 All work performed
on weekends or as overtime shall be paid at the employee’s ordinary rate of pay
plus the appropriate loadings prescribed by this Enterprise Award.
19.3.3 In the event of a
supervisory employee other than a leading hand being absent for a period of 5
or more consecutive days, a replacement employee may be appointed by the Trust
and this employee shall receive an allowance of $2.05 per hour for all ordinary
hours of work.
19.3.4 All work performed
on weekends or as overtime shall be paid at the employee’s ordinary rate of pay
plus the appropriate loadings prescribed by this Enterprise Award.
19.4 Living Away From
Home
19.4.1 Trust employees
shall be paid an allowance for all meals, travel and accommodation expenses
incurred when required to perform work away from home. Such allowances shall be
paid in accordance with the rates specified in circulars released by the
Department of Premier and Cabinet. The rates shall be based on the most recent
circular released.
19.5 No additional
special rates or allowances shall be applicable other than those specified by
this clause.
20. No Extra Claims
20.1 The parties agree
that, during the term of this Enterprise Award, there will be no extra wage
claims, claims for improved conditions of employment or demands made with
respect to the employees covered by the Enterprise Award and, further, that no
proceedings, claims or demands concerning wages or conditions of employment
with respect to those employees will be instituted before the Industrial
Relations Commission or any other industrial tribunal.
20.2 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing
Enterprise Award provisions.
21. Payment of Wages
21.1 Wages shall be
paid fortnightly into the employee's account by means of electronic funds
transfer.
21.2 Employees are
required to nominate an appropriate account held with a bank, building society
or credit union for the purpose of payment of wages.
21.3 The pay period
shall commence on a Wednesday and end at the end of usual time on a Tuesday the
following fortnight.
21.4 On the
commencement of this Enterprise Award, the Trust shall notify the employee of
the day of the fortnight upon which the employee is to be paid his/her wages
and allowances and such day shall be recorded in the employees wages and/or service record as pay day.
21.5 Pay day is
usually Thursday each fortnight. Payments shall be paid and available to the
employee not later than the cessation of ordinary hours of work on Thursday of
each working fortnight.
21.6 Upon termination
of employment, wages and allowances due to an employee shall be paid to the
employee on the day of such termination by electronic funds transfer
21.7 If wages are not
paid on pay day, except where the default has not been caused by the Trust, a penalty
of payment of 2 hours at ordinary rates shall be incurred and shall be paid
together with the normal pay by midday on the next working day after pay day.
22. Superannuation
22.1 The subject of
superannuation legislation is dealt with extensively by federal legislation
including the Superannuation Guarantee
(Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993
(Cth), the Superannuation
(Resolution of Complaints Act 1993 (Cth), and
s124 of the Industrial Relations Act 1996.
This legislation, as varied from time to time, governs the superannuation
rights and obligations of the parties.
23. Public Holidays
23.1 The following
days shall be observed as public holidays; New Year’s Day, Australia Day, Good
Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s
Birthday, Labour Day, Christmas Day, Boxing Day and any other day that is
gazetted and proclaimed to operate throughout the State.
23.2 An employee who
is not required to work on such day shall be paid a day's ordinary wages for
each gazetted public holiday proclaimed to operate throughout the State and
which falls on a day on which they would have ordinarily worked.
Employees shall receive an additional day in
recognition of the union picnic day. This day shall be observed on the relevant
date in December each year or an alternate date in December may be substituted
by mutual agreement.
23.3 Employees
required to work on such a public holiday specified in clause 23.1 and 23.2
shall be paid at the rate of double time and one half for a minimum of 4 hours
for all time worked.
24. Consultative
Committee
24.1 Composition of
Consultative Committee
24.1.1 A Consultative
Committee shall continue to assist management in the implementation of initiatives
consistent with the intent of this Enterprise Award.
24.1.2 The Consultative
Committee shall consist of three representatives of the workforce, elected by
the workforce, and two representatives of management, who shall meet as
frequently as the Committee determines is necessary. It is intended that the
members of the Committee would be from a broad cross-section of the workforce.
24.1.3 The Consultative
Committee shall appoint a suitable person to keep minutes of meetings and to
provide an agenda for each meeting.
24.1.4 In an effort to
provide further input into the Committee from time to time, the Committee may
invite other representatives to attend the Consultative Committee meetings.
24.2 Scope of Tasks of
the Consultative Committee -
24.2.1 The tasks to be
undertaken by the Consultative Committee shall be broad and shall be in the
best interests of the quality and task execution for the enterprise, consistent
with this Enterprise Award. The tasks to
be undertaken shall include, but shall not necessarily be limited to, the
following:
oversee the training programme
content and evaluation criteria to suit the requirements of the Trust for the
maintenance servicing of the Trust's assets;
facilitate the resolution of
difficulties and problems which may arise;
contribute to the development
of work rosters;
create feasible work methods
to enhance productivity and efficiency;
develop concepts for
productivity and efficiency improvements within the enterprise;
develop an open, participative
and co-operative management approach;
promote team-based work
methods;
assist with communication,
participative and training programmes to bring about attitudinal and cultural
change;
ensure propagation of
experience, knowledge and skills at all levels.
25. Work Health and
Safety
25.1 Scope
25.1.1 Consistent with
the Trust's obligations under the relevant Work Health and Safety legislation,
prospective employees may be required to attend a duly qualified medical
practitioner for examination at the Trust's expense prior to commencement of
employment at the Trust.
25.1.2 The Trust shall
comply with all the provisions of the Work Health and Safety legislation in New
South Wales, which includes the provision of personal protective equipment for
employees when utilising hazardous chemicals or working with noxious materials.
25.2 Work Health and
Safety Committee
25.2.1 A Work Health and
Safety Committee has been established pursuant to the relevant provisions of
the Work Health and Safety Act
2011. This Committee shall endeavour to
reach consensus on all aspects of the Trust's Work Health and Safety
Policy. The Work Health and Safety
Committee shall be separate and distinct from the Consultative Committee and
shall not deal with matters of an industrial relations nature.
25.3 Employee
Obligation
Employees are to comply with the Trust’s Work Health
and Safety Policy, comply with Safe Work Method Statements (SWMS) and ensure no
injuries occur consistent with the Work
Health and Safety Act 2011.
25.4 First Aid
In the event of any serious accident happening to any
employee whilst at work the Trust shall, at their expense, provide transport
facilities to the nearest hospital or doctor.
26. Contracting of
Works
26.1 The Trust may
require additional resources to meet the requirements of an increased
workload. The Trust may therefore engage
the services of contractors to assist in meeting its contractual obligations.
26.2 The level of work
undertaken by contractors in accordance with this clause shall be monitored in
conjunction with the Consultative Committee.
26.3 The Trust shall
take all steps to insure full utilisation of all staff employed under this
Enterprise Award, and shall not engage contract services that will impact on
the availability of work to full-time employees.
27. Trust Uniform and
Personal Identification
27.1 Trust Uniform
27.1.1 The Trust shall
supply, free of charge to each employee, a uniform which shall be identified by
the Trust logo. The uniform supplied
shall be worn at all times whilst on duty.
27.1.2 Each employee
shall be issued with a set of clothing, on commencement of duty or at a
suitable time afterwards, consisting of one pair of appropriate safety
footwear; two pairs of shorts; two pairs of long pants; four shirts; one jumper
or sloppy joe; one winter jacket; one set of wet
weather gear; and personal protective equipment.
Such clothing shall be replaced on a fair wear and tear
basis.
27.1.3 Employee's must
maintain a neat appearance at all times consistent with operational requirements.
27.2 Personal
Identification
27.2.1 Due to the
requirement to liaise with members of the public and visitors, all employees
shall be issued with a personal identity card which shall include the
employee's name and photograph.
27.2.2 This card must be
produced while on duty if required and must be returned to the Trust should the
employee cease to be employed by the Trust for any reason.
28. Tools
28.1 An employee shall
apply due diligence towards the care of tools and equipment supplied by the
Trust. An employee will, as soon as possible, report any lost or damaged tools
on the appropriate report form. Periodic checks will be made by stores
personnel of the tools and equipment issued.
28.2 The provisions of
subclause 28.3 and subclause 28.4 shall only apply to those employees engaged
as carpenters, painters and sign writers previously falling within the scope of
the Building Employees Mixed Industries (State) Award and who are eligible to
be members of the CFMEU and those employees engaged as plumbers previously
falling within the scope of the Plumbers and Gasfitters (State) Award and who
are eligible to be members of The New South Wales Plumbers and Gasfitters
Employees' Union.
28.3 An employee whose
spectacles or hearing aids are genuinely damaged or destroyed by fire or
spoiled by acids or sulphur or other deleterious substances due to the
circumstances of the employee’s employment shall be recompensed by the Trust to
the extent of the loss. The Trust will not recompense an employee whose
spectacles or hearing aids are damaged as a result of negligence or mishap on
the part of an employee, for example, in situations where such items are
dropped by the employee or where the employee has failed to wear the
appropriate personal protective equipment to prevent such damage.
28.4 An employee shall
be reimbursed by the Trust to a maximum of 150% of that employee’s weekly wage
for the loss of tools or equipment by fire or breaking and entering whilst
securely stored at the Trust’s direction in a room or building on the Trust’s
premises, job or workshop or in a lock-up, or if the tools are lost or stolen
whilst being transported by the employee at the Trust’s direction between or on
job sites, or if the tools are lost over water during such transit or if the
tools are lost or stolen from the Trusts premises during an employee’s absence
after leaving the job because of injury or illness. No reimbursement shall be
made to an employee in the event that there tools or equipment are damaged or
stolen whilst stored at the employee’s premises or in the employee’s vehicle
with the exception of when such vehicle may be used as transportation at the
Trust’s request between jobsites.
28.5 Sharpening Tools
28.5.1 The Trust shall
supply suitable grinding stone or carborundum stone for the use of the
employees. Where such grindstone or carborundum stone is not driven by
mechanical power the Trust shall provide assistance in turning the grindstone
and/or carborundum stone.
28.5.2 Saw sharpening and
tool grinding may be done by the employee during the progress of the work or
the Trust shall pay or shall provide the same.
28.6 The following
provisions shall only apply to employees engaged as Electricians previously
falling within the scope of the Electricians, &c. (State) Award and who are
eligible to be members of the Electrical Trades Union (ETU):
28.6.1 Provision of tools
The Trust shall continue to provide such tools of trade
as we customarily provided to them at the time of the making of this Enterprise
Award.
28.6.2 Power tools
The Trust shall provide for the use of tradespersons
and apprentices all power tools, special purpose tools, precision measuring
instruments and electrical measuring and/or testing instruments where the use
of such equipment is reasonable and necessary.
28.6.3 Carrying tools
An employee shall not be required to carry tools and/or
materials exceeding 20 kilograms in weight to or from the job.
28.6.4 Storing employees’
tools
At each workshop or depot and at each job site, the
Trust shall provide suitable free storage accommodation for employee’s tools.
The Trust shall ensure that such tool storage and accommodation is as secure as
practicable against unauthorised entry outside working hours.
28.6.5 Damage to tools
Compensation to the extent of the damage sustained
shall be made where, in the course of the work, tools are damaged or destroyed
by fire, or molten metal or through the use of corrosive substances; provided
that the Trust’s liability shall be limited to such tools of trade as are
ordinarily required for the performance of the employees duties.
29. Posting of Notices
29.1 The Trust shall
not prevent an official of the union at any reasonable time from posting or
keeping posted a copy of this Enterprise Award or any notice of the union, not
exceeding 35cm by 22cm, in a suitable place on any job.
30. Union Delegate
30.1 An employee
appointed as a job delegate shall upon notification by the union to the Trust
be recognised as the accredited representative of the union to which the
employee belongs and shall be allowed all necessary time during working hours
to submit to the Trust matters affecting the employees the employee represents
and further shall be allowed reasonable time during working hours to attend to
job matters affecting their union. A job delegate shall notify the Trust’s
representative and the union prior to the calling of any stop work meeting.
30.2 Prior to transfer
or dismissal, excluding summary dismissal, 2 days’ notice shall be given to any
job delegate and their appropriate union. In the event of the union disputing
the decision of management to transfer or terminate the services of the job
delegate the employee shall remain on the job during which time the Industrial
Relations Commission shall deal with the matter.
31. Fares and
Travelling Time
31.1 When an employee,
after reporting to the usual place of work, is required to perform work at
another place the employee shall be paid all fares and travelling time
incurred. When an employee is required to report for work at a place other than
the usual place of work the employee shall be paid all fares reasonably
incurred in excess of those the employee normally would incur attending at the
usual place of work and shall be paid all travelling time in excess of that
taken to reach the usual place of work.
31.2 Such allowances
shall be paid in accordance with the rates specified in circulars released by
the Department of Premier and Cabinet. The rates shall be based on the most
recent circular released.
32. Income Protection
Insurance
32.1 Persons employed
in accordance with this Enterprise Award shall be covered by the Sickness and
Accident Income Protection Plan approved and endorsed by the Union parties to
this Enterprise Award. It is a term of
this Enterprise Award that the Trust will bear the costs of 1.27% (inclusive of
GST) of gross weekly pay per week per member towards providing income
protection insurance.
33. Grievance and
Dispute Procedures
33.1 The aim of this
procedure is to ensure that during the life of this Enterprise Award,
industrial grievances or disputes are prevented, or resolved as quickly as
possible, at the lowest level possible in the workplace. When a dispute or
grievance arises, or is considered likely to occur, the following steps shall
be followed:
33.1.1 The matter is
discussed between the staff member(s) and the supervisor involved. If the
matter is not resolved, then:
33.1.2 The employee may
be required to provide in writing the substance of the grievance and state the
remedy sought.
33.1.3 The matter is
discussed between the staff member(s), the supervisor and the manager. If the matter remains unresolved, then:
33.1.4 The matter is
discussed between staff member(s), the union delegate or staff member's
representative and the supervisor and/or manager. If the matter remains unresolved, then:
33.1.5 The matter is
discussed between senior representatives of the organisation and the relevant
union and/or staff member(s) representative.
33.2 Each of the steps
will be followed within a reasonable time frame, allowing sufficient time for
discussions at each level of authority and having regard to the nature of the
grievance or dispute.
33.3 If the matter
remains unresolved, then, it may be referred by either party to the Industrial
Relations Commission of New South Wales to exercise its functions under the Industrial Relations Act 1996. The
parties agree to exhaust the conciliation process before considering this step.
33.4 At any stage of
this procedure, the Trust may be represented by an industrial organisation of
employers and the employees may be represented by an industrial organisation of
employees.
33.5 It is agreed that
the parties will not deliberately frustrate or delay these procedures.
33.6 Normal work will
continue without disruption while these procedures are followed.
34. Termination of
Employment
34.1 In order to
terminate the employment of an employee the Trust shall give to the employee
the following notice or pay in lieu of notice except where the circumstances of
termination of employment fall within the provisions of clause 35 - Redundancy,
of this Enterprise Award:
Period of Continuous Service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
In addition to the notice above, employees over 45
years of age at the time notice is given with not less than two years
continuous service, shall be entitled to an additional
week’s notice.
Payment in lieu of the notice above shall be made if
the appropriate notice period is not given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
34.2 In order to
terminate their employment an employee shall give the Trust two weeks notice or forfeiture of two week's wage,
34.3 Notwithstanding
the provisions of subclause 34.1 the Trust shall have the right to dismiss any
employee without notice for malingering, inefficiency, neglect of duty or
misconduct and in such cases the wages shall be paid up to the time of
dismissal only.
35. Redundancy
35.1 Application
35.1.1 This clause shall
apply in respect of persons employed in the classifications contained in this
Enterprise Award.
35.1.2 If the Trust
employs 15 employees or more immediately prior to the termination of employment
of employees, see subclause 35.4 - Termination of Employment of this clause.
35.1.3 Notwithstanding
anything contained elsewhere in this Enterprise Award, this Enterprise Award
shall not apply to employees with less than one year's continuous service and
the general obligation on the Trust shall be no more than to give such
employees an indication of the impending redundancy at the first reasonable
opportunity, and to take such steps as may be reasonable to facilitate the
obtaining by the employees of suitable alternative employment.
35.1.4 Notwithstanding
anything contained elsewhere in this Enterprise Award, this Enterprise Award
shall not apply where employment is terminated as a consequence of conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty, or in the case of casual employees, apprentices or employees engaged for
a specific period of time or for a specified task or tasks or where employment
is terminated due to the ordinary and customary turnover of labour.
35.2 Introduction of
Change
35.2.1 Trusts Duty to
Notify
(1) Where the Trust
has made a definite decision to introduce changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, the Trust shall notify the employees who may be affected
by the proposed changes and the union to which they belong.
(2) "Significant
effects" include termination of employment, major changes in the
composition, operation or size of the Trusts workforce or in the skills
required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or location and the
restructuring of jobs.
35.2.2 Trust's Duty to
Discuss Change
(1) The Trust shall
discuss with the employees affected and the union to which they belong, inter
alia, the introduction of the changes referred to in subparagraph 35.2.1(1) the
effects the changes are likely to have on employees and measures to avert or
mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the Trust to make the changes referred to in subparagraph 35.2.1(1) of this paragraph.
(3) For the purpose
of such discussion, the Trust shall provide to the employees concerned and the
union to which they belong all relevant information about the changes including
the nature of the changes proposed, the expected effects of the changes on
employees and any other matters likely to affect employees. Provided that the
Trust shall not be required to disclose confidential information, the
disclosure of which would adversely affect the Trust.
35.3 Redundancy
35.3.1 Discussions before
Terminations
(1) Where the Trust
has made a definite decision that the Trust no longer wishes the job the
employee has been doing done by anyone pursuant to subparagraph 35.2.1(1) and
that decision may lead to the termination of employment, the Trust shall hold
discussions with the employees directly affected and with the union to which
they belong.
(2) The discussions
shall take place as soon as is practicable after the Trust has made a definite
decision which will invoke the provision of subparagraph (1) of this paragraph
and shall cover, inter alia, any reasons for the proposed termination and
measures to mitigate any adverse effects of any termination of the employees
concerned.
(3) For the
purposes of the discussion the Trust shall, as soon as practicable, provide to
the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out. Provided that the Trust shall
not be required to disclose confidential information, the disclosure of which
would adversely affect the Trust.
35.4 Termination of
Employment
35.4.1 Notice for Changes
in Production, Programme, Organisation or Structure
This subclause sets out the notice provisions to be
applied to terminations by the Trust for reasons arising from
"production", "programme", "organisation" or
"structure" in accordance with subparagraph 35.2.1(1) of this
Enterprise Award.
(1) In order to
terminate the employment of an employee the Trust shall give to the employee
the following notice:
Period of Continuous Service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3
years
|
2 weeks
|
3 years and less than 5
years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week's notice.
(3) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
35.4.2 Notice for
Technological Change
This subclause sets out the notice to be applied to
terminations by the Trust for reasons arising from "technology" in
accordance with subparagraph 35.2.1(1) of this Enterprise Award:
(1) In order to
terminate the employment of an employee the Trust shall give to the employee 3 months notice of termination.
(2) Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the Trust for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
35.4.3 Time Off During
the Notice Period
(1) During the
period of notice of termination given by the Trust, an employee shall be
allowed up to one day's time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
(2) If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the Trust, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
35.4.4 Employee Leaving
During the Notice Period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this clause had the employee
remained with the Trust until the expiry of such notice. Provided
that in such circumstances the employee shall not be entitled to payment in
lieu of notice.
35.4.5 Statement of
Employment
The Trust shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee's employment and the
classification of or the type of work performed by the employee.
35.4.6 Notice to Centrelink
Where a decision has been made to terminate employees,
the Trust shall notify Centrelink thereof as soon as
possible giving relevant information including the number of categories of the
employees likely to be affected and the period over which the terminations are
intended to be carried out.
35.4.7 Centrelink Separation Certificate
The Trust shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by Centrelink
35.4.8 Transfer to Lower
Paid Duties
Where an employee is transferred to lower paid duties
for reasons set out in paragraph 35.2.1 of subclause 35.2 above, the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee's employment has been terminated,
and the Trust may at the Trust's option make payment in lieu thereof of an
amount equal to the difference between the former ordinary time rate of pay and
the new ordinary time rates for the number of weeks of notice still owing.
35.5 Severance Pay
35.5.1 Where an employee
is to be terminated pursuant to subclause 35.4 of this clause, subject to
further order of the Industrial Relations Commission, the Trust shall pay the
employee the following severance pay in respect of a continuous period of
service:
(1) If an employee
is under 45 years of age, the Trust shall pay in accordance with the following
scale:
Years of Service Entitlement
|
Under 45 Years of
Age
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(2) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
Entitlement
|
45 Years of Age and
Over
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(3) "Weeks pay" means the all purpose
rate for the employee concerned at the date of termination, and shall include,
in addition to the ordinary rate of pay, over-award payments, shift penalties
and allowances paid in accordance with clauses 18 - Wage Rates and Employee
Related Cost Savings; 19 - Allowances, 28 - Tools of this Enterprise Award.
35.5.2 Incapacity to Pay
Subject to an application by the Trust and further
order of the Industrial Relations Commission, the Trust may pay a lesser amount
(or no amount) of severance pay than that contained in subclause 35.5 above.
The Commission shall have regard to such financial and
other resources of the Trust concerned as the Commission thinks relevant, and
the probable effect paying the amount of severance pay in subclause 35.5 above
will have on the Trust.
35.5.3 Alternative
Employment
Subject to an application by the Trust and further
order of the Commission, the Trust may pay a lesser amount (or no amount) of
severance pay than that contained in subclause 35.5 above if the Trust obtains
acceptable alternative employment for an employee.
36. Relationship to
Parent Awards
36.1 It is agreed that
this Enterprise Award shall supersede and operate to the exclusion of any other
industrial instrument, including any parent award that may have previously
applied to employees covered by this Enterprise Award. To avoid doubt, this
Enterprise Award will prevail in the event of any inconsistency between this
Enterprise Award and the previous Enterprise and parent awards. Accordingly, it
shall be read and interpreted as a stand-alone Enterprise Award.
37.
Anti-Discrimination
37.1 It is the
intention of the parties bound by this Enterprise Award to seek to achieve the
object in section 3(f) of the Industrial
Relations Act 1996 (NSW), to prevent and eliminate discrimination in the
workplace on the grounds of race, sex, marital status, disability,
homosexuality, transgender identify, age and responsibilities as a carer.
37.2 Accordingly, in fulfilling
their obligations under the dispute resolution procedures, the parties must
take all reasonable steps to ensure that neither the Enterprise Award
provisions nor their operation are directly or indirectly discriminatory in
their effects.
37.3 Under the Anti-Discrimination Act 1977 (NSW), it
is unlawful to victimise an employee because the employee has made or may make
or has been involved in a complaint of unlawful discrimination or
harassment.
37.4 Nothing in this
clause is to be taken to affect:
37.4.1 any
conduct or act which is specially exempted from anti-discrimination
legislation;
37.4.2 offering
or providing junior rates of pay to person under 21 years of age;
37.4.3 any act or
practice of body established to propagate religion which is exempted under
section 56(d) of the Anti
Discrimination Act 1977
(NSW)
37.4.4 a
party to this Enterprise Award from pursuing matters of unlawful discrimination
in any state or federal jurisdiction.
37.5 This clause does
not create legal rights or obligations in addition to those imposed upon by the
parties by the legislation referred to in this clause.
NOTES:
(a) The Trust and
employees may also be subject to Commonwealth Anti-Discrimination legislation
(b) Section 56(d)
of the Anti
Discrimination Act 1977
provides:
"Nothing in the act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion"
38. Area, Incidence
and Duration
38.1 This Enterprise
Award rescinds and replaces the Sydney Cricket and Sports Ground Trust
(Maintenance Staff) Enterprise Award 2014 published 31 October 2014 (376 I.G.
1254)
38.2 This Enterprise
Award shall operate from the first full pay period on or after the approval of
this award for a nominal period of three years.
PART B
MONETARY RATES
Table 1 - Rates of Pay
Classification
|
Current
rate of pay
|
Rates
operative on
|
Rates
operative on
|
Rates
operative on
|
|
|
and
from the first
|
and
from the first
|
and
from the first
|
|
|
full
pay period on
|
full
pay period on
|
full
pay period on
|
|
|
or
after the
|
or
after the
|
or
after the
|
|
|
approval
of this
|
approval
of this
|
approval
of this
|
|
|
award
|
award
|
award
|
Annual increase
|
|
2.00%
|
2.00%
|
2.00%
|
Carpenter Leading
|
|
|
|
|
Hand
|
$35.0038
|
$35.7039
|
$36.4180
|
$37.1463
|
Carpenter
|
$33.3974
|
$34.0653
|
$34.7467
|
$35.4416
|
Electrician Leading
|
|
|
|
|
Hand
|
$38.5824
|
$39.3540
|
$40.1411
|
$40.9440
|
Electrician
|
$36.5270
|
$37.2575
|
$38.0027
|
$38.7627
|
Electrician
|
|
|
|
|
Apprentice 1st Year
|
$12.8750
|
$13.1325
|
$13.3952
|
$13.6631
|
Electrician Apprentice
|
|
|
|
|
2nd Year
|
$16.8015
|
$17.1375
|
$17.4803
|
$17.8299
|
Electrician
|
|
|
|
|
Apprentice 3rd Year
|
$24.1178
|
$24.6002
|
$25.0922
|
$25.5940
|
Electrician
|
|
|
|
|
Apprentice 4th Year
|
$27.6106
|
$28.1628
|
$28.7261
|
$29.3006
|
Plumber Leading
|
|
|
|
|
Hand
|
$38.7310
|
$39.5056
|
$40.2957
|
$41.1016
|
Plumber
|
$37.4829
|
$38.2326
|
$38.9972
|
$39.7772
|
Painter Leading
|
|
|
|
|
Hand
|
$35.0534
|
$35.7545
|
$36.4696
|
$37.1989
|
Painter
|
$33.1355
|
$33.7982
|
$34.4742
|
$35.1637
|
Painter Apprentice
|
|
|
|
|
1st Year
|
$12.1201
|
$12.3625
|
$12.6098
|
$12.8619
|
Painter Apprentice
|
|
|
|
|
2nd Year
|
$17.2079
|
$17.5521
|
$17.9031
|
$18.2612
|
Painter Apprentice
|
|
|
|
|
3rd Year
|
$22.3902
|
$22.8380
|
$23.2948
|
$23.7607
|
Painter Apprentice
|
|
|
|
|
4th Year
|
$25.1093
|
$25.6115
|
$26.1237
|
$26.6462
|
Labourer Grade 2
|
$29.3210
|
$29.9074
|
$30.5056
|
$31.1157
|
Labourer Grade 3
|
$31.3122
|
$31.9384
|
$32.5772
|
$33.2288
|
P. KITE ,Chief Commissioner.
____________________
Printed by the authority of the Industrial Registrar.