Taronga Conservation Society Australia Retail and Restaurant Employees' Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Taronga Conservation Society Australia.

 

(Case No. 2018/191069)

 

 

AWARD

 

1.  Title

 

The Award is called the Taronga Conservation Society Australia Retail and Restaurant Employees’ Award

 

2.  Arrangement

 

Clause No.       Subject Matter

 

1.         Title

2.         Arrangement

3.         Definitions

4.         Application

5.         Area, Incidence and Duration

6.         No Extra Claims

7.         General Conditions of Employment

8.         Availability of Award

9.         Dispute Resolution

10.      Workplace Flexibility and Multi-skilling

11.      Types of Employment

12.      Multiple Contracts

13.      Leave

14.      Wage Increases and Wage Rates

15.      Payment of Wages

16.      Wage Sacrifice for Superannuation

17.      Classification Requirements

18.      Allowances

19.      Insurance of Tools

20.      Rosters

21.      Ordinary Hours of Work

22.      Rest Period

23.      Shift Loadings

24.      Overtime

25.      Call Back

26.      Starting and Finishing Work

27.      Annual Leave

28.      Annual Leave Loading

29.      Sick Leave

30.      Parental Leave

31.      Long Service Leave

32.      Public Holidays and Picnic Days

33.      Uniforms, Personal Protective Clothing and Equipment

34.      Secure Employment

35.      Contractors and Volunteers

36.      Anti-discrimination

37.      Delegates and Trade Union Activities

 

Schedule 1 - Wage Rates (Weekly)

Schedule 2 - Allowances

Appendix A - Classifications

Appendix B - Additional Leave Entitlements - Taronga Retail and Restaurant Award

 

3.  Definitions

 

"Award" means the Taronga Conservation Society Australia Retail and Restaurant Employees’ Award.

 

"Supervisor" means a person who supervises an employee or employees covered by the Award.

 

"Employer" shall mean the Office of Environment and Heritage at Taronga Conservation Society Australia (Taronga).

 

"Employee" means a person employed by the Office of Environment and Heritage at Taronga Conservation Society Australia (Taronga) within the scope of this Award.

 

"Restaurant" means any restaurant or food outlet.

 

"Retail" means any retail outlet.

 

"Taronga" means any site operated by the Taronga Conservation Society Australia.

 

"TZ" means Taronga Zoo, Bradleys Head Road, Mosman, New South Wales.

 

"TWPZ" means Taronga Western Plains Zoo, Obley Road, Dubbo, New South Wales.

 

"Union" means the United Voice.

 

4.  Application

 

4.1      The parties to the Award are Taronga and the United Voice.

 

4.2      The Award applies to and is binding on the parties to the Award and all ongoing, temporary, casual and apprentice employees, employed by the Office of Environment and Heritage at Taronga in the classifications of: Retail Sales Assistant, Retail Sales Supervisor, Retail Sales Coordinator, Wait Staff, Kitchen Hand, Cook, Apprentice Chef, Chef, Senior Chef and Duty Officer. 

 

4.3      The Award will regulate the terms and conditions of employment which were previously regulated by the Restaurant & Employees (State) Award 2015 and the Shop Employees (State) Award 2015.

 

4.4      There shall be effective means of consultation on matters of interest and concern, both formal and informal, at all levels of the organisation, between the parties to this Award and Employees. 

 

5.  Area, Incidence and Duration

 

5.1      This Award has effect from the beginning of the first full pay period on or after 1 July 2018 and will remain in force until 30 June 2019.

 

5.2      This award remains in force until varied or rescinded, the period for which it was made having already expired.

 

6.  No Extra Claims

 

6.1      The parties agree that, during the term of this award, there will be no extra wage claims, claims for improved conditions of employment or demands made with respect to the employees covered by the award and, further, that no proceedings, claims or demands concerning wages or conditions of employment with respect to those employees will be instituted before the Industrial Relations Commission or any other industrial tribunal.

 

6.2      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.

 

7.  General Conditions of Employment

 

7.1      It is the intention of the parties to this Award that all other conditions not specified in this Award will be in accordance with the Government Sector Employment Act 2013 and the Government Sector Employment Regulation 2013 as amended from time to time.

 

8.  Availability of Award

 

8.1      A copy of the Award will be made available on the Taronga intranet.  A printed copy can be obtained from the Human Resources area if required.

 

9.  Dispute Resolution

 

9.1      A dispute under this clause is a dispute about the interpretation or application of the Award.

 

9.2      The Vocational Training Order for Apprentices made under the Apprenticeship and Traineeship Act 2001 will override any conflicting steps contained in this clause.

 

9.3      The objective of the procedures contained in this clause is the timely resolution of disputes at the level they occur in the workplace.

 

9.4      Every effort will be made to resolve a dispute as quickly as is practicably possible.

 

9.5      Without prejudice to any party, while the procedures contained in this clause are being followed, no stoppage of work or other form of limitation or work ban will be applied.

 

9.6      Where a bona fide and critical work health or safety issue exists, an employee will not work in an unsafe environment and where appropriate will accept alternative suitable work while the procedures contained in this clause are being applied.

 

9.7      An employee who is a member of a Union may seek the advice or assistance of their Union at any stage of the application of procedures contained in this clause.

 

9.8      A Union, Taronga or an employee must receive reasonable notice, of not less than 24 hours, of any meeting they are required to attend as part of the application of the procedures contained in this clause.

 

9.9      A matter in dispute will first be discussed between an employee and their Supervisor with the aim of trying to resolve the matter within 5 working days.  If the dispute cannot be resolved at this level, or is of such a nature that it cannot be dealt with at this level, the following subclause will apply.

 

9.10    The matter in dispute will be discussed between the employee and/or their Union representative and the relevant manager with the aim of trying to resolve the matter within 5 working days.  If the dispute cannot be resolved at this level the following subclause will apply.

 

9.11    The matter in dispute will be discussed with the employee and/or their Union representative and representatives of the relevant manager and/or the Director People, Culture and Learning or their delegate with the aim of trying to resolve the matter within 5 working days.

 

9.12    Only when all the above procedures contained in this clause have been exhausted and the dispute remains unresolved, a Union or Taronga may submit the dispute to the Industrial Relations Commission of New South Wales.

 

10.  Workplace Flexibility and Multi-Skilling

 

10.1    The Union and Taronga are committed to workplace flexibility and multi-skilling so that employees may perform a wide range of work, including work that is incidental or peripheral to their main tasks or function, and/or requested by Taronga to contribute to the development of a more strategic and visitor-oriented operation. Taronga may direct an employee to carry out such duties as are within the limits of the employee’s skill, competence and training consistent with the classification structure of this award.

 

10.2    Employees will be trained in basic skills that were previously regarded as the work of the various trades.  Regard will be had for the training requirements of Apprentices.  Taronga will also support employees obtaining transferable accreditation and recognised certificates when this is relevant to their work and to Taronga Conservation Society Australia operational requirements.

 

10.3    Employees will perform work that is within their skill, competence and training, provided that such work is not designed to promote deskilling.

 

10.4    Employees will fully co-operate with all other employees (including those not covered by the Award) to ensure there are no artificial demarcations in work and will communicate and consult with one another in a timely and open manner in an endeavour to achieve this.

 

10.5    Taronga may direct employees to perform duties and use the required tools and equipment, if they have been properly trained in their use, provided that the direction is consistent with the provision of a safe and healthy working environment.

 

10.6    Employees will not impose any limitation on supervisors or technical personnel, who are qualified to do so, demonstrating the use of new equipment or machinery.

 

10.7    Employees in one classification may be required by Taronga to temporarily perform the duties of another classification, provided they have been suitably trained to do so, and subject to the temporary assignment provisions of the Award.

 

11.  Types of Employment

 

11.1    An employee will be engaged as an ongoing, temporary, casual or apprentice employee.

 

11.2    An employee may be required by Taronga to perform their duties on sites other than Taronga Conservation Society Australia premises.

 

11.3    Taronga may dismiss an employee without notice for serious misconduct or wilful disobedience.

 

11.4    If Taronga terminates an employee’s employment, Taronga will supply the employee with a statement of service if they request it.

 

Ongoing Employment

 

11.5    An ongoing employee is an employee engaged for a continuing period of time subject to a probationary period on appointment.

 

11.6    A probationary period may be for a period of up to 6 months and may be extended for a further period not exceeding 12 months.

 

11.7    During a probationary period, Taronga may terminate the employment of an ongoing employee giving one week's notice.

 

11.8    An ongoing employee may terminate their employment giving 2 weeks’ notice or the payment/forfeiture of 2 weeks wages in lieu of notice.

 

11.9    If an ongoing employee’s role becomes redundant, New South Wales Government policy will apply.

 

11.10  After the probationary period, Taronga may terminate the employment of an ongoing employee in accordance with the Dealing with Misconduct and Dealing with Unsatisfactory Performance clauses in this Award. 

 

Temporary Employment

 

11.11  A temporary employee is an employee engaged for a specified term fixed at the outset of their employment.

 

11.12  A temporary employee will be advised in writing that their employment is temporary.

 

11.13  Taronga or the employee may terminate the employment of a temporary employee giving one week's notice.

 

Casual Employment

 

11.14  A casual employee is an employee engaged to perform work by the hour and paid on an hourly basis, employed by Taronga on a short or irregular basis, where Taronga has no intention of continuing the employment and the employee has no reasonable expectation of the employment continuing.

 

11.15  A casual Retail employee will receive a 15% casual loading in addition to the relevant wage rate prescribed in Schedule 1 of the Award to compensate them for the casual nature of their employment and leave, except long service leave and annual leave.  A casual Retail employee will also receive an allowance of 1/12th of the ordinary hourly rate to compensate for annual leave. 

 

11.16  A casual Restaurant employee will receive a 20% casual loading in addition to the relevant wage rate prescribed in Schedule 1 of the Award to compensate them for the casual nature of their employment and leave, except long service leave and annual leave.  A casual Restaurant employee will also receive an allowance of 1/12th of the ordinary hourly rate to compensate for annual leave. 

 

11.17  The casual loading and casual annual leave allowance will not be paid on overtime. 

 

11.18  Casual employees will be engaged for a minimum shift of 3 hours. A shift may be terminated at or after 3 hours due to operational requirements.

 

11.19  Taronga or the employee may terminate the employment of a casual employee by giving one hour's notice.

 

11.20  Where practicable, Taronga will provide casual employees with reasonable notice for cancellation of a

 

shift. However due to the unforeseen circumstances and the nature of the tourism industry, shifts may need to be varied or cancelled within this timeframe. A minimum of 2 hours notice is required by an employee to cancel a shift.

 

Apprentices and Trainees

 

11.21  The Vocational Training Order made under the Apprenticeship and Traineeship Act 2001 will override any conditions of employment for an Apprentice or Trainee otherwise prescribed in the Award.

 

11.22  An apprentice will be paid in accordance with Schedule 1 of the Award.

 

11.23  Progression within the rates prescribed for the years of service for Apprentices and Trainees will be in accordance with the Vocational Training Order made under the Apprenticeship and Traineeship Act 2001.

 

Adult Apprentice

 

11.24  An adult apprentice is an Apprentice engaged by Taronga Conservation Society Australia after turning 21 years of age. 

 

11.25  An adult apprentice is to be paid the higher of the following rates:

 

(a)       Year 1 80% of the level 3 adult minimum wage (Miscellaneous Award 2010 MA000104, Apprentice Minimum Wages)

 

(b)       Years 2, 3 and 4 to be paid under the adult minimum wage outlined in the above mentioned Miscellaneous Award.

 

12.  Multiple Contracts

 

12.1    An employee may be engaged by Taronga in more than one type of employment or the same type of employment but in a different classification under the Award (multiple contracts).

 

12.2    Multiple contracts are separate and distinct contracts of employment where each stands alone in relation to the application of the Award or other relevant industrial instruments, including for the purposes of payment of ordinary hours, overtime and penalties. Employees working in multiple roles cannot claim payment of the same allowance across different roles. The conditions for employees working under multiple contracts can be no less favourable than the applicable Award.

 

12.3    An employee will not be engaged under multiple contracts for work relating to the employee’s area of expertise where such work would normally attract the payment of overtime rates or shift loadings.

 

12.4    When rostering employees under multiple contracts consideration will be given to fatigue management.

 

13.  Leave

 

13.1    General leave conditions of employees under this Award shall be regulated in accordance with the provisions contained within this Award, the GSE Act and Regulations and the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (Section 6 Leave).

 

13.2    Employees employed on a part-time basis will accrue any leave on a pro-rata basis, which will be determined on the number of approved contract hours worked in a pay period.

 

14.  Wage Increases and Wage Rates

 

14.1    This increase in remuneration or other conditions of employment will be processed as soon as practicable after the finalisation of the award negotiations and on the certification of the new award by the IRC.

 

14.2    Schedule 1 of the Award sets out the weekly wage rates for employees engaged full-time in each classification and grade according to the wage increases prescribed in this clause.  The hourly wage rate for employees engaged part-time will be calculated by dividing the relevant weekly wage rate by 38.

 

14.3    The wage increases provided for in the Award, insofar as they apply will only be paid to those employees who are employed at the date of the making of the Award.

 

15.  Payment of Wages

 

15.1    Wages will be paid fortnightly to employees on a day specified by Taronga and paid by direct deposit into a recognised financial institution account nominated by the employee.

 

15.2    Taronga will provide employees with pay advice electronically. An employee may, on application to Taronga, be provided with the advice in paper form.

 

15.3    When a Public Holiday occurs in the lead up to pay day, payment of additional monies such as overtime, shift loadings and allowances may be paid in the following pay period.

 

15.4    Where there is an overpayment of wages, shift loadings or allowances, the employee will be notified and consulted about repayment.  The following factors will be considered in determining the period over which repayment is to be made:

 

(a)       the employee’s financial circumstances and commitments;

 

(b)       the circumstances involved in the overpayment; and

 

(c)       the amount of the overpayment.

 

16.  Wage Sacrifice for Superannuation

 

16.1    If Taronga agrees, an employee may elect to sacrifice part of their wages payable under Schedule 1 of the Award, for additional employer superannuation contributions.

 

16.2    The election is subject to the rules of the employees’ superannuation fund allowing Taronga to pay additional employer contribution and the payment not attracting Fringe Benefit or any other tax.

 

16.3    The election must be made before the period of service to which the earnings relate.

 

16.4    Additional employer contributions are subject to the age based limits set by the Australian Taxation Office.

 

16.5    Any allowance, loading, payment for unused leave, weekly worker’s compensation or other payment based on an employee’s wage, except payment for leave taken in service, to which an employee is entitled under the Award or an Act, will be calculated by reference to the wage which would have applied had the election not been made.

 

17.  Classification Requirements

 

17.1    Refer to Appendix A for full coverage of classifications and rates of pay.

 

18.  Allowances

 

18.1    The allowances provided for in this clause are set out in Schedule 2 of the Award.

 

18.2    Where an allowance is specified as a weekly rate and an employee who is entitled to the allowance is engaged part time, the allowance will be paid on a pro rata basis by dividing the weekly rate by 38 for an hourly rate to a maximum of the weekly allowance.

 

Tool Allowance

 

18.3    A weekly tool allowance will be paid to a Chef and an Apprentice for providing and maintaining their own hand tools. All tools owned by employees and Apprentices need to comply with WHS regulations and meet Taronga’s WHS processes.

 

Temporary Assignment Allowance

 

18.4    Temporary assignment is the process of assigning an employee to a role for a defined period with a specified end date. Temporary assignment may be at level, or to a higher or lower classification.

 

18.5    Above-level temporary assignment

 

Above-level temporary assignments may attract payment of a temporary assignment allowance.

 

Above-level temporary assignments of up to 12 months may be made on the basis of a suitability assessment which includes

 

Pre-screening for essential requirements such as a qualification or licence

 

Resume

 

At least two capability-based assessments, one of which is an interview and

 

Referee checks against the pre-established standards for the role

 

Above-level temporary assignments for longer than 12 months must be based on a comparative assessment resulting from external advertising across the NSW Public Service. Comparative assessments require a minimum of three capability based assessments, one of which is an interview.

 

The amount of the allowance payable to the employee who is temporarily assigned to another role is the difference between the salary of the employee’s usual role and the point in the salary range of the other role.

 

The proportionate temporary assignment allowance paid is proportionate to the duties to be performed. This is to be determined by the agency head and by mutual agreement with the employee before the employee starts the temporary assignment.

 

First Aid Allowances

 

18.6    A weekly senior first aid allowance will be paid to an employee who holds a current Senior First Aid Certificate and who is appointed by Taronga to carry out the duties of a Senior First Aid Officer.

 

18.7    A weekly Occupational First Aid allowance will be paid to an employee who holds a current Occupational First Aid Certificate and is appointed by Taronga as an Occupational First Aid Officer.

 

18.8    An employee who is temporarily appointed by Taronga to perform the duties of a First Aid Officer while the appointed First Aid Officer is on leave for one week or more, will be paid the relevant first aid allowance for the period appointed.

 

18.9    The allowances will be paid as a flat rate on all ordinary hours worked.

 

Laundry Allowance

 

18.10  A weekly laundry allowance will be paid to an employee when they are required by Taronga to wear a uniform, including overalls, and where the cost of any laundering is not borne by Taronga.

 

18.11  The laundry allowance will be paid as a weekly allowance when an employee engaged full-time works any part of a week or as a pro rata allowance for any part time or casual employees.

 

18.12  The laundry allowance is not payable when an employee is on leave.

 

Overnight Allowance

 

18.13  An overnight allowance will be paid where Taronga requests, and an employee agrees to stay overnight on Taronga premises for a period outside/between the employee’s normal rostered hours of duty.

 

The overnight allowance is deemed to provide compensation for the overnight stay and also includes compensation for being on call during the period and any work required to be completed up to a total of 1 hour duration.  Additional work required outside a total of 1 hour will be paid at overtime rates.

 

This allowance is payable when employees stay overnight such as, but not limited to Roar and Snore, Billabong Camp and Zoofari.

 

The allowance applicable is only when required to sleep over.

 

Bus Allowance

 

18.14  A bus allowance will be paid on a per shift basis where an employee is appropriately licensed and is required to drive a passenger bus on a rostered shift.

 

19.  Insurance of Tools

 

19.1    Taronga will insure an employee’s tools, used by them in the course of their employment, against loss or damage by fire while on Taronga Conservation Society Australia premises.

 

19.2    An employee will provide a list of the tools insured if requested by Taronga.

 

19.3    An employee will ensure that their tools are cared for and kept safely.

 

19.4    Taronga will reimburse an employee for loss of tools, if the tools are lost by theft from breaking and entering while they are being stored on the job at the direction of Taronga.

 

20.  Rosters

 

20.1    Employees may be rostered to suit Taronga Conservation Society Australia operational requirements.

 

20.2    Taronga will prepare rosters that are fair and equitable and meet work health and safety requirements.

 

20.3    In rostering employees, consideration will be given to the preferences and personal commitments of individuals, wherever possible.

 

20.4    In developing a roster for the next period, Taronga and employees will have regard to the roster for the previous and subsequent periods.

 

20.5    Rosters will be prepared 7 days in advance.

 

20.6    Rosters may be changed as long as they comply with the terms set out in Clause 21 - Ordinary Hours of Work of the Award.

 

20.7    Changes to published rosters may be made inside 7 days by agreement between the Manager and an employee.

 

20.8    An employee will not be rostered to work more than one shift in any period of 24 hours, except by mutual agreement.

 

20.9    Taronga requires employees to provide a minimum availability to meet operational requirements and business needs. These requirements will be communicated to employees during the recruitment and selection process and will form part of the employment contract.  Availability requirements may change over time in accordance with operational requirements.

 

21.  Ordinary Hours of Work

 

21.1    The ordinary hours of work of full time employees are 152 hours in a 28 day period. Part time employees will be contracted to work less than 152 hours in a four week period however may be rostered up to 152 hours in any four week period.

 

21.2    All full-time and part-time employees shall be rostered their ordinary hours of work on the following basis:

 

(a)       At least once every two weeks an employee shall be granted two consecutive days off

 

(b)       Full-time and part-time employees will work not more than 5 days per week or, by agreement between the employer and the employee, not more than 20 days in a 4 week period.

 

(c)       By agreement between the employer and the employee, the maximum number of ordinary hours which may be worked on any one day shall be 12 hours (inclusive of meal breaks).

 

(d)       There shall be not less than a ten-hour break between finishing work (including overtime) one day or shift and the commencement of work on the next day or shift.

 

21.3    Where a Restaurant employee works a broken shift, Taronga will pay the employee for not less than 8 hours worked on any one shift. The shift will be spread over not more than 2 periods within a span of not more than 14 hours inclusive of meal breaks.

 

21.4    Restaurant employees working a broken shift shall be paid an allowance of one half of the hourly ordinary rate of pay at the Wait Staff classification.

 

22.  Rest Period - Restaurant Employees

 

22.1    An employee will be given a meal break of between 30 minutes and 1 hour after working not more than 5 hours. The first meal break taken on any shift shall be unpaid. The second meal break will be a paid break, and the employee will be paid a meal allowance for the second break the amount of which is set out in the Allowances Table or given a meal.

 

22.2    If, because the work the employee is doing means that the employee cannot take a meal break by the end of 5 hours, the employer can ask the employee to work up to a further hour before the employee takes the break, and that break will become a paid break.

 

22.2    In addition to the employee's meal break(s), an employee will be given a paid rest break of ten minutes once during each work period of 5 hours.

 

22A.  Rest Period - Retail Employees

 

22A.1 When and where it can be conveniently arranged by Taronga, an employee who works more than four ordinary hours on any day shall be allowed a paid rest break of ten minutes.

 

22A.2 No rest break shall be given or taken within one hour of the employee's commencing or ceasing time or within one hour before or after any meal break.

 

22A.3 An unpaid meal break of between 30 minutes and one hour shall be given to employees who are rostered for more than five hours.

 

22A.4 An employee who works nine hours or more on any day shall be allowed two rest breaks (each of ten minutes duration) if only one meal break is taken; or one rest break of ten minutes if two meal breaks are taken.

 

23.  Shift Loadings

 

23.1    If Taronga requires an employee to work, the employee will be paid the following shift loadings: 

 

(a)       on a Saturday time and a quarter of the ordinary rate of pay for all ordinary hours worked (except if the Restaurant employee works a regular night shift referred to in clause 23.2, or if the employee is a casual Retail employee referred to in clause 23.3), 

 

(b)       on a Sunday time and a half of the ordinary rate of pay for all ordinary hours worked,

 

(c)       on a Public Holiday two and a half times the ordinary rate of pay for all ordinary hours worked.

 

23.2    Where a Restaurant employee works ordinary hours between midnight and 6.00am, they are to be paid an extra 30% penalty for all time worked during these hours. If the hours worked between midnight and 6.00am is greater than 50% of the total shift, the employee will be paid a loading of 30% for all hours worked. This loading excludes shifts worked on a Sunday or Public Holiday.

 

23.3    Retail casual employees working on a Saturday will be paid an applicable allowance as outlined in the Allowances Table in addition to the day’s pay.

 

23.4    The penalties and loadings prescribed in this clause shall not be taken into consideration in calculating any payment for overtime or public holidays, or for any period of leave including sick leave, annual leave and long service leave.

 

24.  Overtime

 

24.1    Hours worked at the direction of Taronga outside ordinary hours of work as set out in this Award, will be overtime.

 

24.2    Taronga may direct an employee to work a reasonable amount of overtime taking into account:

 

(a)       an employee’s prior commitments outside the workplace, particularly their family responsibilities, community obligations and study arrangements; and

 

(b)       the urgency of the work required to be performed, the impact on Taronga’s operational requirements and the effect on customer services.

 

24.3    Overtime rates of pay for Retail employees will be time and one-half for the first two hours on any one day and at the rate of double time thereafter, except on a Sunday which shall be paid for at the rate of double time.

 

24.4    Overtime rates of pay for Restaurant employees will be time and one half of the ordinary rate of pay for the first 2 hours worked and after that double time.

 

24.5    If their manager agrees, an ongoing or temporary employee who works overtime may elect to take time off work in lieu of payment for all or part of the overtime. The time off will be calculated at the same rate as would have applied to the payment of the overtime. The following provisions will apply to time off in lieu:

 

(a)       Before the overtime is worked, or as soon as practicable on completion of overtime, the employee will advise their manager, or the manager’s delegate, that they intend to take time off in lieu of payment.

 

(b)       The time off in lieu must be taken at the convenience of Taronga, except when it is being taken to look after a sick family member in accordance with Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (Section 6 Leave).

 

(c)       Time off in lieu accrued for overtime worked on days other than Public Holidays, will be given and taken within three months of accrual. At the employee’s election, time off in lieu for overtime worked on a Public Holiday may be added to the employee’s annual leave credits and may be taken in conjunction with annual leave.

 

(d)       An employee will be paid for the balance of any overtime entitlement not taken as time off in lieu.

 

25.  Call Back

 

25.1    An employee recalled to work overtime for any reason after leaving the premises (whether notified before or after leaving the premises) will be paid for a minimum of 3 hours.

 

25.2    For employees, where the recall is for the purpose of a disciplinary and/or counselling interview and/or administrative procedures, an employee will be paid a minimum of 2 hours at the relevant rate for each recall.

 

25.3    Where the actual time worked is less than 3 hours on each recall, overtime worked in the circumstances specified in this clause will not be regarded as overtime for the purposes of Clause 22 Rest Period - Restaurant Employees and Clause 22A - Retail Employees.

 

25.4    Time worked will be calculated as one continuous period when an employee returns to the workplace on a number of occasions in the same day and the first or subsequent minimum pay period overlaps into the next call out period.  Payment will be calculated from the start of the first recall until either the end of work, or the minimum pay period from the start of the last recall, whichever is the greater.

 

25.5    A recall to work starts when the employee starts work and finishes when the work is completed i.e. it does not include time spent travelling to and from the place at which work is to be done.

 

25.6    This clause does not apply if an employee is regularly required to return to Taronga premises to perform a specific job outside rostered hours or if overtime is continuous (subject to a reasonable meal break) with the end or the beginning of a rostered shift.

 

26.  Starting and Finishing Work

 

26.1    An employee’s starting and finishing times of ordinary hours of work will be calculated from the time they arrive at the actual job or work station or signing on point, or from the time they are rostered to commence work.

 

26.2    If an employee is required to collect Taronga equipment before going to the work site or return Taronga equipment at the end of work from a location other than the actual work site or sites, then the starting and finishing times will operate from the point of collection or return.

 

27.  Annual Leave

 

27.1    Taronga employees are entitled to 4 weeks annual leave for working a whole year or pro rata for part time employees.

 

28.  Annual Leave Loading

 

28.1    Employees are entitled to an annual leave loading of 17.5% of the base salary of up to 4 weeks annual leave accrued in a leave year.

 

28.2    For the purpose of calculating annual leave loading, the leave year will start on 1 December of each year and end on 30 November of the following year.

 

28.3    Payment of annual leave loading will not be made on any annual leave taken in the first leave year of employment, i.e. from the date of employment to the following 30 November.  The loading accrued in the first leave year will be paid during the second leave year of employment.

 

28.4    Leave loading will be paid on the first occasion in a leave year (other than the first leave year) when at least 2 consecutive weeks of annual leave is taken.

 

28.5    In the event that a 2 week period of annual leave is not taken by 30 November each year, then the monetary value of the annual leave loading accrued over the previous year will be paid as soon as practicable.

 

28.6    An annual leave loading will not be paid on resignation/dismissal arising from misconduct.

 

28.7    Annual leave loading will be paid on retirement or termination by Taronga, except for misconduct, if the loading would have been due had the employee taken 2 weeks annual leave.

 

29.  Sick Leave

 

29.1    Taronga employees are entitled to sick leave provisions in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (Section 6 Leave).

 

30.  Parental Leave

 

30.1    Taronga employees are entitled to parental leave provisions in accordance with the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (Section 6 Leave).

 

31. Long Service Leave

 

31.1    Taronga employees are entitled to long service leave provisions in accordance with NSW Long Service Leave Act 1955.

 

32.  Public Holidays and Picnic Days

 

32.1    Public Holidays are: 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 such other holiday that may be proclaimed as a Public Holiday applicable to the operation of the Award.

 

32.3    The first Monday in August each year will be a Picnic Day (in lieu of the Public Service Holiday) and will be treated as a Public Holiday.

 

32.4    For an employee who works according to an ordinary hours roster that covers every day of the week, if a Public Holiday occurs on a rostered day off they will be paid for an additional 7 hours and 36 minutes ordinary hours. Employees who do not work the seven-day roster will not be entitled to this payment.

 

33.  Uniforms, Personal Protective Clothing and Equipment

 

33.1    Where an employee is required to wear a uniform, Taronga will provide employees with appropriate uniforms that will be allocated in accordance with the work patterns of employees.

 

33.2    Allocations to employees engaged part-time, and/or who are casual employees, will be determined by Taronga according to the employee’s work patterns.

 

33.3    Employees are required to wear uniforms provided by Taronga at all times when performing their functions and will maintain their uniforms in a neat, clean and presentable manner.

 

33.6    Protective equipment and clothing, together with replacement uniform items, are provided as needed.  Unserviceable uniforms and equipment must be returned when a request for replacement is made.

 

33.7    Uniforms, protective clothing and other equipment issued by Taronga to employees will remain the property of Taronga.

 

33.8    An employee will return all items of protective equipment and clothing together with any keys, identification cards and other items issued to them by Taronga when they cease employment with Taronga.

 

33.9    If an employee fails to return any uniform or protective clothing issued to them by Taronga when they cease employment, Taronga may deduct the monetary value of the uniform or protective clothing from the employee’s separation pay if the employee has given Taronga prior written authority to do so.  Taronga may require an employee to sign a written authority on engagement or on receipt of the next issue of uniform and protective clothing.

 

34.  Secure Employment

 

34.1    Objective of this clause

 

The objective of this clause is for Taronga to take all reasonable steps to provide its employees with secure employment by maximising the number of ongoing roles in Taronga’s workforce, in particular by ensuring that casual employees have an opportunity to elect to become full-time or part-time employees.

 

34.2    Casual Conversion:

 

(a)       A casual employee engaged by Taronga on a regular and systematic basis for a sequence of periods of employment under this Award during a calendar period of 6 months shall thereafter have the right to elect to have his or her casual contract of employment converted to ongoing full-time employment or part-time employment if the employment is to continue beyond the conversion process prescribed by this subclause.

 

(b)       Taronga shall give the casual employee notice in writing of the provisions of this subclause within 4 weeks of the employee having attained such period of 6 months. However, the employee retains his or her right of election under this subclause if the employer fails to comply with this notice requirement.

 

(c)       Any casual employee who has a right to elect under subclause 34.2(a), upon receiving notice under subclause 34.2(b) or after the expiry of the time for giving such notice, may give 4 weeks’ notice in writing to Taronga that he or she seeks to elect to convert his or her casual contract of employment to ongoing full-time or part-time employment, and within 4 weeks of receiving such notice from the employee, Taronga shall consent to or refuse the election, but shall not unreasonably so refuse. Where Taronga refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(d)       Any casual employee who does not, within 4 weeks of receiving written notice from Taronga, elect to convert his or her casual contract of employment to ongoing full-time employment or part-time employment will be deemed to have elected against any such conversion.

 

(e)       Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employee may only revert to casual employment by written agreement with Taronga.

 

(f)        If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with subclause 34.2(c), Taronga and the employee shall, in accordance with this subclause, and subject to subclause 34.2(c), discuss and agree upon

 

(i)        whether the employee will convert to full-time or part-time employment; and

 

(ii)      if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked either consistent with any other part-time employment provisions of this Award pursuant to a part time work agreement made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);

 

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert his or her contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert his or her contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed between Taronga and the employee.

 

(g)       Following an agreement being reached pursuant to subclause 34.2(f), the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

(h)       An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this subclause.

 

35.  Contractors and Volunteers

 

35.1    Contractors may be engaged to perform work if it is impracticable for the work to be carried out by employees because specialist skills and/or tools, plant or equipment are unavailable; or the timeframe is unacceptable; or there are competing priorities.

 

35.4    Where contractors are engaged, Taronga will ensure that all relevant awards and agreements are observed.

 

35.5    Employees may be required to work cooperatively with contractors and such work will not give rise to any claims for extra payments.

 

35.6    Taronga will continue to support the efforts of volunteers whose services aim to enhance the public’s experience while visiting Taronga.

 

35.7    Employees may be required to work co-operatively with volunteers and/or students and such work will not give rise to any claims for extra payments.

 

36.  Anti-Discrimination

 

36.1    The parties bound by the Award respect and value equity and diversity in the workplace.

 

36.2    It is the intention of the parties bound by the 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, pregnancy, physical or mental disability, homosexuality, transgender identity, age, and carer’s responsibilities.

 

36.3    It follows that in fulfilling their obligations under the dispute resolution procedures prescribed in the Award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of the 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 that, by its terms or operation, has a direct or indirect discriminatory effect.

 

36.4    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.

 

36.5    Nothing in this clause is to be taken to affect any conduct or act which is specifically exempted from anti-discrimination legislation;

 

(a)       offering or providing junior rates of pay to persons under 21 years of age;

 

(b)       any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977

 

(c)       a party to the Award from pursuing matters of unlawful discrimination in any State or Federal jurisdiction.

 

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

 

37.  Delegates and Trade Union Activities

 

Right of Entry of Union Officials

 

37.1    A Union official or officer may enter Taronga property at any time during working hours for the purposes of conducting Union business provided that prior to an anticipated visit they make contact with the nominated manager, or other senior manager, to outline the reason for and timing of the visit.

 

37.2    A Union official or officer has the right to meet with their members when they are not working.  Where they request to meet with their members during work time this is subject to the needs of Taronga operations and must be approved by the relevant manager.

 

37.3    A Union official or officer will at all times be bound by the rules and standards of Taronga whilst on Taronga property including undertaking site inductions when they intend to visit the site on a regular or ongoing basis, and complying with security procedures for admission onto the property.

 

37.4    A Union official will have regard for the provisions of the New South Wales Industrial Relations Act 1996.

 

Delegates

 

37.5    A delegate is an employee who has been elected by fellow employees to be their Union representative and whose name has been registered with Taronga by the relevant Union.

 

37.6    A Union official may contact a delegate at work if they first contact the relevant manager, or other Taronga nominated representative, to make arrangements for the contact with the delegate at a convenient time.

 

37.7    Taronga will cooperate with a Union to release and pay delegates, at ordinary hours rates of pay, for up to 12 days over two years per union, to attend agreed Union courses in cases where

 

(a)       there is prior consultation with Taronga about the course content and the ability to release particular employees from the job;

 

(b)       the course is aimed at improving industrial relations and deals with relevant matters including SafeWork NSW and Work Health and Safety; and

 

(c)       where relevant, there is an opportunity for Taronga participation in or contribution to the course.

 

Payroll Deductions for Union Membership Subscriptions

 

37.8    Taronga will make fortnightly deductions of the fortnightly union membership fee from the pay of an employee who is a member of a Union in accordance with the Union’s rules, provided that

 

(a)       the employee has authorised Taronga to make such deduction;

 

(b)       a Union has provided Taronga with a schedule setting out union fortnightly membership fees payable by members of the Union in accordance with the Union’s rule

 

(c)       the Union has advised Taronga of any change of the fortnightly membership fee, consequent upon a variation of the annual union membership fee as provided in the Union rules, at least one month in advance of the variation taking effect, with no more than two variations to be effected in any financial year;

 

(d)       deduction of the fortnightly membership fee will only occur in each pay period in which payment has or is to be made to an employee;

 

(e)       as soon as practicable after the fortnightly pay period has been processed, monies deducted from employees’ pay will be forwarded fortnightly to the Union by way of electronic funds transfer, together with all necessary information to enable the Union to reconcile and credit subscriptions to employees’ Union membership accounts;

 

(f)        no fortnightly membership fee will be deducted for periods where an employee is absent on leave without pay, including unpaid parental, sick or carers’ leave;

 

(g)       for casual employees the fortnightly membership fee will only be deducted, if the casual employee has worked within the relevant fortnightly pay period; and

 

(h)       where an employee has already authorised the deduction of union membership fees from their pay prior to this clause taking effect, nothing in this clause will be read as requiring the employee to make a fresh authorisation in order for such deductions to continue.

 

SCHEDULE 1

 

 

Schedule 2

 

Allowances

 

 

 

Appendix A: Classifications

 

The provisions of this clause will not limit Taronga from allocating to an employee other duties consistent with Clause 10 - Workplace Flexibility and Multi-skilling of the Award or changing with written advice, the expected nature and mix of duties consistent with the classification requirements. The classification requirements outlined below list key duties employees are expected to perform or have the ability to perform. All employees are expected to comply with Taronga’s policies and procedures, Customer Service Charter and Work, Health and Safety Charter.

 

Retail Sales Assistant

 

The role of the Retail Sales Assistant is to enhance the guest experience and maximise retail sales by providing excellent customer service in Taronga’s retail stores and animal experience stations. Key duties include but are not limited to:

 

Greeting guests who enter the retail outlet

 

Having strong product knowledge of Taronga’s retail offerings to be able to up sell and explain the link with Taronga’s vision

 

Responsible for cash and card payments

 

Receiving and preparing sale and display of goods including maintaining store presentation (including prams), light cleaning and stocking shelves

 

Enhancing guest experience by providing photography opportunities with animal encounters

 

Retail Sales Supervisor

 

The role of the Retail Sales Supervisor is to lead the retail sales team to maximise retail sales and enhance the visitor experience through high level customer service. In addition to the duties of the Retail Sales Assistant, key duties include but are not limited to:

 

Leading, mentoring and coaching the Retail Sales team to deliver high quality customer service experiences.

 

Demonstrating high levels of store operational management including cash management, balancing cash registers, receipts and daily takings, visual mechanising, stock level management, housekeeping, staff direction and daily briefings, customer service and end of day reporting,

 

Retail Sales Coordinator TWPZ

 

The role of the Retail Sales Coordinator TWPZ is to lead the retail sales team to maximise retail sales and enhance the guest experience through high levels of customer service. In addition to the duties of the Retail Sales Supervisor, key duties include but are not limited to:

 

Maintaining and coordinating the retail outlet to maximise sales and ensure efficient day to day operations

 

Supervising and rostering the Retail Sales team to deliver high quality customer service experiences in order to provide excellent guest experience and promote repeat visitation

 

Managing the stock deliveries, stock taking and store merchandising

 

Retail Sales Coordinator TZ

 

The role of the Retail Sales Coordinator TWPZ is to lead the retail sales team to maximise retail sales and enhance the guest experience through high levels of customer service. In addition to the duties of the Retail Sales Supervisor, key duties include but are not limited to:

 

Daily coordination and operational communication of all TZ shops

 

Operational management of the TZ Top Shop

 

Coordination of operations of retail outlets during events

 

Support the Retail Sales Manager with recruitment and staff management as required

 

Possess and maintain a current Senior First Aid Certificate or Occupational First Aid Certificate;

 

Kitchen Hand

 

The role of the Kitchen Hand is to provide support for kitchen staff in all areas of kitchen operation by maintaining high levels of quality customer service with all stakeholders. The duties of the Kitchen Hand include but are not limited to:

 

Obtaining and maintaining a NSW Statement of Attainment in Food Handling

 

Cleaning, tidying and setting up of kitchen, food preparation and customer service areas

 

Washing and cleaning equipment, crockery and utensils

 

Assembly and preparation of ingredients for cooking

 

Setting, clearing and wiping down tables

 

Handling, sorting, storing and distributing food items

 

Maintaining a high level of food safety by following all food safety processes

 

Wait Staff

 

In addition to the duties of the Kitchen Hand, the role of the Wait Staff is to deliver high quality customer service to provide excellent guest experience and promote repeat visitation by providing excellent front-of-house waiting and bar services. The duties of the Wait Staff include but are not limited to:

 

Undertaking general waiting food and beverage duties, including preparing and clearing tables, greeting and seating guests, taking orders, serving food and beverages and general cleaning

 

Heating pre prepared meals and/or preparing simple food items such as sandwiches and salads

 

Receipting of monies (cash and electronic), giving change and operating cash registers

 

Supplying, dispensing or mixing of liquor, including cleaning of bar areas and equipment, preparing the bar for service, taking orders and serving drinks and assisting in the cellar

 

Obtaining and maintaining a NSW Responsible Service of Alcohol when required to supply, dispense or mix liquor, including cleaning of bar areas and equipment, preparing the bar for service, taking orders and serving drinks and assisting in the cellar

 

Receiving, storing and distributing goods

 

Maintaining a high level of food safety

 

Cook

 

The role of the Cook is to prepare, cook and present a range of food items that are of the highest quality at all times to provide a first class culinary guest experience.  The duties of the Cook include but are not limited to:

 

Obtaining and maintaining a NSW Statement of Attainment in Food Handling

 

Preparing and cooking a range of food items such as breakfasts, grills and snacks for guests, whilst delivering high quality customer service.

 

Maintaining a high level of food safety.

 

Maintaining consistently high levels of guest satisfaction ensuring a high quality cost effective service is provided

 

Providing instruction to the Apprentice chef, Kitchen Hand and Wait Staff

 

Apprentice Chef

 

The role of the apprentice chef is to assist the chef in providing a high standard of food by way of preparation, cooking and presentation whilst ensuring best practice food and kitchen hygiene practices are met.  The duties of the apprentice chef include but are not limited to:

 

Obtaining and maintaining a NSW Statement of Attainment in Food Handling

 

Undertaking and learning all the different aspects of Commercial Cookery that is required as part of the Chef Apprenticeship including appropriate TAFE role requirements, training and assessments

 

Ensuring work carried out meets Taronga stakeholder needs and legislative and statutory requirements.

 

Identifying and communicating issues impacting on operations and guests

 

Chef

 

The role of the Chef is to manage the day to day operational activities within the Kitchens of Taronga by providing a high standard of food preparation, cooking and presentation whilst ensuring best practice food and kitchen hygiene practices are met.  Progression between Chef Level 1 to Chef Level 2 to Chef Level 3 will be based on merit selection processes when vacancies arise or on an operation requirements and business needs basis. The duties of a Chef include but are not limited to:

 

Obtaining and maintaining a NSW Food Safety Supervisor Certificate

 

Completion of an apprenticeship or appropriate trade qualifications in cookery, butchery, baking or pastry cooking

 

Establishing and maintaining a first class culinary experience across multiple food outlets including preparing and cooking food as per Taronga menus

 

Planning menus and determining food and labour costs in consultation with stakeholders

 

Demonstrating techniques to apprentices and advising on cooking procedures

 

Maintaining and enforcing a high level of food safety

 

Manage complex stakeholder relations, expectations and competing priorities in a busy hospitality environment.

 

Maintain professionalism, tact and diplomacy when working within a high paced environment.

 

Supervising and training staff

 

Senior Chef

 

In addition to the duties of Chef, the key duties of the Senior Chef include but are not limited to:

 

Completion of appropriate additional training

 

Supervising other trade qualified cooks, recruitment, training and rostering

 

Coordinate stocktake across all departments

 

Purchase and maintain equipment kitchen items including cooking utensils, dishwashers

 

Budgeting including raising purchase orders, investigating Profit/Loss

 

Liaising with internal and external stakeholders including current and potential suppliers and contractors

 

Create and implement policies and best practices for food safety, hygiene and Work Health Safety

 

Possess and maintain a current Senior First Aid Certificate or Occupational First Aid Certificate;

 

Duty Officer

 

The role of the Duty Officer is to provide and maintain high quality customer service standards. Key duties include but are not limited to:

 

Managing complex stakeholder relations, competing priorities and visitor expectations

 

Delivering a high quality customer service experience to guests at Taronga

 

Assisting in coordinating, training and supervising employees

 

Resolving guest issues to ensure that complaints are dealt with effectively and complex issues are escalated accordingly.

 

Ensuring the smooth operation of the day-to-day operations of the three accommodation outlets in the absence of senior management and assisting the frontline teams in these areas to address, report, and escalate any issues.

 

Responding to emergencies and initiating the appropriate response in accordance with Taronga Emergency and after-hours procedures.

 

Obtain and maintain a Senior First Aid or Occupational First Aid Certificate

 

Monitoring and ensuring compliance with RSA regulations during bar service.

 

Be responsible for the daily reconciliation of in-house and departing guest accounts across the accommodation outlets, ensuring compliance with Taronga cash handling and finance procedures.

 

Appendix B: Additional Leave Entitlements - Taronga Retail and Restaurant Award

 

The table below outlines all the leave provisions contained in the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009 (Section 6 Leave) which employees covered by the Taronga Retail and Restaurant Award have access to.

 

The Taronga Retail and Restaurant Award outlines entitlements to Annual Leave, Annual Leave Loading, Long Service Leave and Public Holidays.

 

 

 

 

P. M. Kite, Chief Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.