Sydney Olympic Park Authority Managed Sports Venues Award 2018

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Sydney Olympic Park Authority.

 

(Case No. 2018/176811)

 

 

AWARD

 

1.  Arrangement

 

Clause No.       Subject Matter

 

1.         Arrangement

2.         Parties and Definitions

3.         Intention

4.         Rates of Pay

5.         Classification Levels

6.         Income Protection Plan

7.         Hours of Work

8.         Full-Time, Part-Time, Fixed Term and Casual Employees

9.         Higher Duties

10.      Meal Breaks

11.      Overtime

12.      Public Holidays

13.      Sick Leave

14.      Personal Carer’s Leave

15.      Bereavement Leave

16.      Parental Leave

17.      Leave for Matters Arising From Domestic Violence

18.      Terms of Engagement

19.      Training Wage

20.      Payment of Wages

21.      Annual Leave and Annual Leave Loading

22.      Long Service Leave

23.      Consultation and Union Access

24.      Labour Flexibility

25.      Uniforms and Protective Clothing

26.      Tools and Equipment

27.      Change Rooms

28.      Redundancy

29.      Major Interruption to Operations

30.      Grievance and Dispute Resolution Procedures

31.      Secure Employment

32.      Work Health and Safety

33.      No Extra Claims

34.      Anti-Discrimination

35.      Area, Incidence and Duration

 

PART B

 

Table 1 - Rates of Pay for Full Time Classifications under Clause 5.1

Table 2 - Hourly Rates of Pay for Casual Employees under Clause 5.2

Table 3 - Hourly Rates of Pay for Sports Centre Casual Event Staff Employees under Clause 5.3

Table 4 - Rates of Pay for full time classifications under Clause 5.4

Table 5 - Other rates and allowances for classifications under Clause 5.4

 

2.  Parties and Definitions

 

2.1      This award has been made between the following parties:

 

Industrial Relations Secretary

 

Office of Sport

 

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

 

2.2      Industrial Relations Secretary means the person within the meaning of the Government Sector Employment Act 2013, who is for the purposes of any proceedings relating to Public Service employees held before a competent tribunal having jurisdiction to deal with industrial matters, taken to be the employer of public service employees.

 

2.3      Employee means a person employed by the Government of NSW in the service of the Crown under Division 1, Part 4 of the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority Branch of the Office of Sport, at the Aquatic, Athletic and Archery Centres or Satellite Sports Venues, or as a casual event staff employee or gymnastics program employee at the Sports Centre, in the classifications prescribed by this Award.

 

3.  Intention

 

3.1      The principal intentions of this award are:

 

(i)        To promote harmonious industrial relations for the Sydney Olympic Park Aquatic, Athletics, and Archery Centres, Satellite Sports Venues and Sports Centre;

 

(ii)       To maximise standards of service to the public and centres users, measured against those applying in the leisure and recreation industry nationally and internationally; and

 

(iii)     To provide a multi-skilled workforce.

 

4.  Rates of Pay

 

4.1      The minimum rates of pay for full time employees at the Aquatic, Athletics and Archery Centres and Satellite Sports Venues, employed in the classifications set out in subclause 5.1 of this award are contained in Table 1 of Part B of this award.

 

4.2      A casual employee at the Aquatic, Athletics, and Archery Centres or Satellite Sports Venues, employed in the classifications set out in subclause 5.2, shall be paid the appropriate hourly rate as set out in Table 2 of Part B

 

4.3      A casual event staff employee at the Sports Centre, employed in the classifications set out in subclause 5.3, shall be paid the appropriate hourly rate as set out in Table 3 of Part B

 

4.4      The minimum rates of pay for full time gymnastics program employees employed in the classifications set out in subclause 5.4 are set out in Table 4 of Part B.

 

4.4.1.  Junior Rates  A junior employee engaged at level 1, 2 or 3 in the classifications set out in subclause 5.4 shall be paid at the following for that level:

 

 

Provided that employees who hold recognised industry-wide qualifications and are required to act upon them at 18 years or older with at least 12 months experience shall be paid the full adult rate of pay.

 

4.5      A casual employed in the classifications set out in subclause 5.4 shall be paid either on an ordinary or ‘all-up’ basis as detailed below

 

(i)        Ordinary Casual - An ordinary casual shall be paid 1/38 of the appropriate weekly rate provided for in Table 4 of Part B plus:

 

(a)       a 15 per cent loading (except when Saturday, Sunday, public holiday or night work penalties are paid); and

 

(b)       the equivalent of one-twelfth of the ordinary hourly rate of pay for a full-time employee for each hour worked.

 

An ordinary casual employee shall be paid for a minimum engagement of three hours.

 

(ii)       All‑up Casual - An all-up casual shall be paid 1/38 of the appropriate weekly rate provided for in Table 4 of Part B plus a loading of 30 per cent for each hour worked.

 

This 30 per cent loading includes loadings applicable under this award for work on Saturdays, Sundays, public holidays and at night.

 

An all up casual employee shall be paid for a minimum engagement of one hour.

 

4.6.     Supervisory Loadings - an employee employed in the classifications set out in clause 5.4 who is appointed by an employer to supervise other employees shall be paid, in addition to the rates of pay prescribed in subclause 4.4 and 4.5 of this clause, the following amount per week specified in Table 5 - Other Rates and Allowances, of Part B as follows:

 

(a)       In charge of up to 5 employees - Item 1;

 

(b)       In charge of 6 and up to 10 employees - Item 2;

 

(c)       In charge of 11 or more employees - Item 3;

 

(d)       or pro rata amount per engagement for part‑time and casual employees

 

4.7.     An employee employed in the classifications set out in subclause 5.4 who is appointed by an employer to perform first aid duties and who holds a first aid certificate shall be paid, an additional amount per week, or per shift, as set out in Item 4 of Table 5 - Other Rates and Allowances, of Part B.

 

4.8.     A part-time or full-time employee employed in the classifications set out in subclause 5.4 who is required to work more than one shift on any day shall be paid the additional allowance per day, as set out in Item 5 of Table 5 - Other Rates and Allowances, of Part B.

 

5.  Classification Levels

 

5.1      Classifications (Skill/Definitions) for full-time and part-time employees at the Aquatic, Athletic and Archery Centres and Satellite Sports Venues:

 

5.1.1   Level 1

 

Means an employee with no qualifications and who performs duties of a routine nature, requiring the use of minimum judgement and supervision.

 

Employees at this level may include the initial recruit who may have limited relevant experience.

 

(a)       An employee at this level will be able to:

 

Communicate with the public in a courteous and tactful manner.

 

(b)       Indicative of some of the tasks which an employee at this level may perform are:

 

Exercises basic keyboard skills;

 

General Attendant/Cashier duties which includes basic clerical, office assistance, kiosk duties involving customer turnover and cash handling, taking of bookings and tickets and general assistance in the day-to-day activities of the operation;

 

Maintains simple records;

 

Assists with administration of the Swim School Program;

 

Is directly employed as Car Park Attendant, Usher or Door Attendant who is engaged in a non-security capacity;

 

Receives, despatches, distributes, sorts, checks, documents, orders and records of goods and/or materials;

 

Is employed as a General Hand;

 

Assists in basic food preparation. Assists in taking orders, and maintaining cleanliness of customer space and service areas. Serves basic foods and beverages; and

 

Undertakes duties peripheral and ancillary to the above as required.

 

(c)       Progression to Level II will be dependent upon availability of position and successful application.

 

5.1.2   Level 2

 

Means an employee who has undertaken structured training recognised by the industry as relevant and appropriate to perform work within the scope of this level.

 

(a)       An employee at this level:

 

Assists with the provision of on-the-job training to a limited degree;

 

Conducts individual or group activities/programs/sessions/tours, under supervision, only after commencing a recognised course or undergoing accredited training;

 

Exercises intermediate keyboard skills with instructions;

 

Works in a team environment under routine supervision;

 

Where appropriate, holds and maintains life saving and first aid qualifications recognised as being appropriate for the safe and effective conduct of duties involving public and employee health and safety;

 

Works from instructions or procedures;

 

Has an understanding of general office procedures;

 

Co-ordinates duties under the direction of a Level III employee;

 

Provides general supervision of and assistance to Level I employees; and

 

Is capable of and may perform Level 1 duties.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

Takes classes and directs leisure activities;

 

Supervises public swimming;

 

Attends to health and safety of the public;

 

Sells programs/tickets and gives change;

 

Co-ordinates events and bookings;

 

Undertakes receptionist duties;

 

Undertakes office administrative duties;

 

Attends to equipment and displays eg. pool attendant;

 

Safeguards individuals e.g. child care attendants;

 

Undertakes cooking duties associated with basic foods eg snacks and grills. Takes orders, and maintains cleanliness of customer space and service areas. Serves foods and beverages.

 

(c)       Progression to Level III will be dependent upon availability of position and successful application.

 

5.1.3   Level 3

 

Means an employee who has completed structured training recognised by the industry as relevant and appropriate to perform work within the scope of this level.

 

(a)       An employee at this level:

 

Assists in the provision of on-the-job training where applicable;

 

Exercises discretion within one’s own level of skill and training;

 

Takes responsibility for the quality of one’s work (subject to routine supervision);

 

Exercises good keyboard skills and knowledge of office procedures/equipment/systems; and

 

Is capable of and may perform the Level II and level I duties.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

Is employed as a Gym Exercise Specialist;

 

Co-ordinates Swim School, Customer Services, Tours and Health and Fitness Activities;

 

Maintains machinery, plant and technical equipment;

 

Undertakes secretarial duties;

 

In the absence of line supervisors, acts in an appropriate way to supervise the work areas to ensure delivery of services;

 

Undertakes general cooking duties and assists with specialist cooking duties. Performs higher level waiting and customer service duties.

 

(c)       Progression to Level IV will be dependent upon availability of position and successful application.

 

5.1.4   Level 4

 

Means an employee who is subject to broad guidance or direction and would report to more senior staff as required.

 

An employee at this level would have worked or studied in a relevant field and/or have specialist knowledge, qualifications and experience sufficient to enable them to advise on a range of activities and features and contribute, as required, to the determination of objectives, within their delegated area of supervision.

 

(a)       An employee at this level:

 

Takes responsibility for ensuring the quality of their own work and exercises initiative, discretion and judgement at times in the performance of their duties;

 

Is directly responsible to the appropriate manager for the section or area of operation;

 

Assists with the management of the section or area of operation;

 

Has the delegated responsibility for the work under their control or supervision in terms of, inter alia, allocation of duties, co-ordinating work flows, checking progress, quality of work and resolving problems, as well as counselling staff for performance and work related problems where required;

 

Trains employees at Level III, II and I as required;

 

Is capable of and may perform the Level III, Level II and Level I duties.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

Supervises Pool Attendants;

 

Supervises Athletic Centre employees;

 

Supervises Aquatic Centre employees;

 

Supervises Archery Centre Employees

 

Supervises Satellite Sports Venues employees

 

Supervises administrative and accounting operations;

 

Supervises information technology;

 

Supervises daily activities and operation of health and fitness activities;

 

Supervises maintenance employees;

 

Supervises café and concessions staff and operations

 

Undertakes specialist and higher level/more complex cooking duties, and provides specialist input and advice into menu content and function operations.

 

5.2      Classifications (Skill/Definitions) for casual employees at the Aquatic, Athletic and Archery Centres:

 

5.2.1   Casual Level A

 

Means an employee with no qualifications who performs duties of a routine nature, requiring the use of minimum judgement and supervision.

 

Employees at this level may include the initial recruit who may have limited relevant experience.

 

(a)       An employee at this level will be able to:

 

Communicate with the public in a courteous and tactful manner.

 

(b)       Indicative of some of the tasks which an employee at this level may perform are:

 

Is employed as a Car Park Attendant;

 

Is employed as a Tour Guide;

 

Undertakes clerical duties including exercising basic keyboard skills, office assistance and maintenance of simple records;

 

Assists with the administration of the Swim School programme;

 

Receives, despatches, distributes, sorts, checks, documents, orders and records goods and/or materials;

 

Is employed as General Hand;

 

Assists in basic food preparation. Assists in taking orders, and maintaining cleanliness of customer space and service areas. Serves basic foods and beverages.

 

Duties peripheral and ancillary to the above as required.

 

5.2.2   Casual Level B

 

Means an employee who has undertaken structured training recognised by the industry as relevant and appropriate to perform work within the scope of this level.

 

(a)       An employee at this level:

 

Assists with the provision of on-the-job training to a limited degree;

 

Conducts individual or group activities/programs/sessions under supervision, only after commencing a recognised course or undergoing accredited training;

 

Exercises intermediate keyboard skills with instructions;

 

Works in a team environment under routine supervision;

 

Where appropriate holds and maintains life saving and first aid qualifications recognised as being appropriate for the safe and effective conduct of duties involving public and employee health and safety;

 

Works from instructions or procedures;

 

Has an understanding of general office procedures;

 

Co-ordinates duties under the direction of a Level III employee;

 

Provides general supervision and assistance of Level A employees; and

 

Is capable of and may perform duties of a Level A - casual employee.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

Is employed as a cashier involved in kiosk duties including customer turnover and cash handling, taking of bookings and tickets and assists generally in the day-to-day activities of the operation;

 

Takes classes and directs leisure activities;

 

Supervises public swimming;

 

Attends to health and safety of the public;

 

Sells programmes/tickets and gives change;

 

Co-ordinates events and bookings;

 

Undertakes receptionist duties;

 

Undertakes office administrative duties;

 

Attends to equipment and displays e.g., pool attendant, athletic track Attendants; archery attendant.

 

Safeguards individuals e.g. child care attendants.

 

Undertakes cooking duties associated with basic foods eg snacks and grills. Takes orders, and maintains cleanliness of customer space and service areas. Serves foods and beverages.

 

5.2.3   Casual Level C

 

Means an employee who has completed structured training recognised by the industry as relevant and appropriate to perform work within the scope of this level.

 

(a)       An employee at this level:

 

Assists in the provision of on-the-job training where applicable;

 

Exercises discretion within one’s own level of skill and training;

 

Takes responsibility for the quality of one’s work (subject to routine supervision);

 

Exercises good keyboard skills and knowledge of office procedures/equipment/systems;

 

Is capable of and may perform Level A and Level B duties.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

Is employed as Gym Exercise Specialist;

 

Is employed as Head Coach;

 

Undertakes general cooking duties and assists with specialist cooking duties.  Performs higher level waiting and customer service duties.

 

In the Absence of Line Supervisors, Acts in an Appropriate Way to Supervise the Work Areas to Ensure Delivery of Services.

 

5.3      Classifications (Skill/Definitions) for casual event staff employees at the Sports Centre:

 

5.3.1   Level 1

 

(a)       An employee at this level:

 

Has no qualifications and performs duties of a routine nature, requiring the use of minimum judgement and supervision.

 

Includes the initial recruit who may have limited relevant experience.

 

Communicates with the public in a courteous and tactful manner.

 

Works under close supervision and undergoes on-the-job training,

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

would perform the function of car parking attendant, door attendant, door attendant or usher cashier (including basic clerical and office duties including answering the phone).

 

Upon completion of 400 hours of employment at Level 1, an employee will be reclassified to Level 2.

 

5.3.2   Level 2

 

a)        An employee at this level:

 

Has undertaken structured training recognised b the Centre's management as being relevant; or

 

Completed 400 hours employment at the level required of a Level 1 operative or equivalent work within the leisure and recreation or venue management sector.

 

works in a team environment under routine supervision and assists with the provision of on-the-job training to a limited degree.

 

Where appropriate, holds and maintain first-aid qualifications recognised as being in accord with the safe and effective conduct of duties involving public and employee health and safety.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

Program selling/merchandise selling;

 

Processing ticket sales and bookings;

 

Conduct tours of the Centre or associated facilities;

 

Supervise uniform room.

 

5.3.3   Level 3

 

a)        An employee at this level:

 

exercises discretion within one's own level of skill and training and has delegated responsibility for work under their control or supervision in terms of allocation of duties, co-ordinating workflows, checking progress, quality of work and resolving problems, as well as counselling staff for performance and work-related problems where required.

 

(b)       Indicative of some of the tasks which an employee at this level may perform:

 

trains new employees at Levels 1 and 2 and supervises a discrete section or group;

 

acts as an assistant theatre manager or event co-ordinator/client liaison, audio visual technician.

 

5.3.4   Level 4

 

a)        An employee at this level:

 

is subject to broad guidance or direction,

 

reports to more senior staff as required.

 

would have worked or studied in a relevant field and/or have specialist knowledge, qualifications and experience sufficient to enable them to advise on a range of activities and features and contribute, as required, to the determination of objectives, within their delegated area of supervision, including box office management, theatre craft, event management, publicity and promotion.

 

5.4      Classifications (Skill/Definitions) for gymnastics program employees at the Sports Centre:

 

5.4.1   Level 1

 

a)        An employee at this level:

 

is an employee who is undertaking training which may include information on the employer’s business, conditions of employment, introduction of supervisors and fellow workers, training and career path opportunities, occupational health and safety, equity, and quality assurance..

 

An employee at this level performs routine duties essentially to the level of his/her training:

 

exercises minimal judgement;

 

works under direct supervision;

 

b)        whilst undertaking structured training/learning the employee may be engaged in one or more of the following duties:

 

- undertakes basic safety checks of equipment and the floor area;

 

- provides gymnastic instruction to classes by following programmed lessons/activities;

 

- judges gymnastic performance for Industry Levels 1-3;

 

- undertakes set-ups and pull-downs, under supervision;

 

- prepares participant injury reports.

 

5.4.2   Level 2

 

a)        An employee at this level:

 

has completed the Industry recognised level of training so as to enable him/her to perform work within the scope of this level. An employee at this level performs work above and beyond the skills of an employee at Level 1 and to the level of his/her training.

 

works from instructions or procedures and works under direct supervision either individually or in a team environment. .

 

(b)       is primarily engaged in one or more of the following duties:

 

- instructs classes up to Industry Level 3 ;

 

- develops lower level gymnastics programs/lessons;

 

- judges gymnastic performance for Industry Levels 1-6;

 

- attends external basic competitions with program participants;

 

- Undertakes set ups and pull downs;.

 

5.4.3   Level 3

 

a)        An employee at this level:

 

has completed structured training recognised by the industry as relevant and appropriate to perform within the scope of this level.

 

is responsible for the quality of their own work subject to routine supervision either individually or in a team environment;

 

exercises discretion within their level of skills and training;

 

assists in the provision of on-the-job training of employees at Levels 2 and 1 where applicable.

 

b)        Indicative of some of the tasks which an employee at this level may perform:

 

- instructs classes up to Industry Level 6;

 

- judges gymnastic performance for Industry Levels 1-6

 

- develops gymnastics programs/lessons of an intermediate nature;

 

- attends external higher level competitions with program participants;

 

- certifies completion of safety checks for equipment and the floor area;

 

- Undertakes set ups and pull downs;

 

- discusses routine participant issues with parents.

 

5.4.4   Level 4

 

a)        An employee at this level:

 

shall be capable of performing the indicative skills of a Level 3 employee and shall also be able to work from complex instructions:

 

b)        Indicative of some of the tasks which an employee at this level may perform:

 

- instructs classes up to Industry Level 10;

 

- coordinates activities across the gymnastics floor area.

 

- supervises set up and pull downs;

 

- assesses participant ability for progression and competition participation.

 

5.4.5   Level 5

 

a)        An employee at this level:

 

has an Advanced Industry qualification and is competent to perform work within the scope of this level.

 

An employee at this level is responsible for supervision, training and co-ordination of employees within their respective work area to ensure delivery of service.

 

b)        Indicative of some of the tasks which an employee at this level may perform:

 

- Instructs advanced and elite program classes;

 

- organises competition entry;

 

- develops gymnastics programs/lessons of an advanced and elite nature;

 

- makes decisions on participants’ progression;

 

- works with Levels 1 to 4 to address/correct participant technique/capability/progression issues;

 

- discusses program and participant matters with parents;

 

5.4.6   Level 6

 

a)        An employee at this level:

 

is engaged in supervising, training and co-ordinating staff and is responsible for the maintenance of service and operational standards, and exercises substantial responsibility and independent initiative and judgement with a requisite knowledge of their specific field and of the employer’s business.

 

would hold formal technical qualifications relevant to the employer which are required by the employer to perform the job, and

 

would have worked in a relevant field and have specialist knowledge and experience, sufficient for them to give advice and/or guidance to their organisation and/or clients in relation to specific areas of their responsibility.

 

b)        Indicative of some of the tasks which an employee at this level may perform:

 

- general supervision of gymnastics centre and program;

 

- Instruct elite program classes;

 

- develop gymnastics programs/lessons of an elite nature;

 

- centre administration involving supervision of staff and systems and co-ordinating competitions;

 

- develops in-house training programs for instructors

 

- prepares reports for management on program performance and program initiatives,

 

- discusses a broad range of program/participant matters with parents.

 

-may represent the program or centre in external forums where requested and approved.

 

6.  Income Protection Plan

 

6.1      All full-time, part-time and casual employees at the Aquatic, Athletic and Archery Centres, and Satellite Sports Venues who are members of the AWU to whom this award applies shall be covered by the Sickness and Accident Income Protection Plan approved and endorsed by the AWU (provided by Chifley Financial Services).  It is a term of this award that the employer will bear the costs of 1.55% of gross weekly pay per week per member towards providing income protection with a maximum payment of $4.55 per week for casuals.

 

6.2      All Sports Centre casual event staff and gymnastic program employees employed in classifications provided in Clause 5 who are members of the union to whom this award applies shall be covered by the Sickness and Accident Income Protection Plan approved and endorsed by The Australian Workers' Union.  It is a term of this award that the employer will bear the costs of a daily premium of $1.00 per employee per day worked to cover employees who are members of the union

 

7.  Hours of Work

 

7.1      The Hours of Work for Aquatic, Athletic and Archery Centres’, Satellite Sports Venues and Gymnastics Program employees at the Sports centre (excepting gymnastic program casual staff) are those outlined at subclauses 7.2 to 7.5 below. Hours of Work for Sports Centre casual event staff employees are outlined at subclause 7.6, Hours of Work for Sports Centre casual gymnastic program employees are outlined at subclause 7.7.

 

7.2      The ordinary hours of work, exclusive of meal times, shall not exceed an average of 38 hours per week, between the hours of 4.30 am and 11.00 pm. The ordinary hours of work may be extended to 2.00 am to cover special events, provided that management gives all employees involved seven clear days' notice of the extension of ordinary hours, or upon agreement between the employer and employee.

 

7.3      The employer shall arrange the working of the thirty eighty hour week in one of the following ways:

 

7.2.1   by employees working less than eight hours per day;

 

7.2.2   by employees working less than eight hours on one or more days in each week; or

 

7.2.3   by working up to ten hours on one or more days in the week.

 

7.4      Employees other than maintenance employees, pool attendants, and those employees employed in the gym shall be entitled to receive 4 sets of 2 consecutive days off in each 28 day period.

 

7.5      Notwithstanding the provision of subclauses 7.1 & 7.3 the employer and employee may agree to change the rostered time of ordinary hours by one week’s notice or with the consent of the employee at any time.

 

7.6      The ordinary hours of work for Sports Centre casual event staff employees shall be rostered, between the hours of 7.00 am and 11.30 pm.  The ordinary hours of work may be extended to 2.00 am to cover special events, provided that management gives all employees involved 7 clear days' notice of the extension of ordinary hours, or upon agreement between the employer and employee.

 

7.7      The ordinary hours of work for Sports Centre gymnastics program casual employees shall be up to 8 hours on any shift

 

7.8      All ordinary work by a gymnastics program employee, including an ordinary casual, on a Saturday shall be paid at the ordinary time classification rate of pay plus a penalty equal to 25 per cent of the employee’s ordinary time classification rate of pay. All ordinary work by a gymnastics program employee, including an ordinary casual on a Sunday shall be paid at the ordinary time classification rate of pay plus a penalty equal to 50 per cent of the employee’s ordinary time classification rate of pay.

 

8.  Full-Time, Part-Time, Fixed Term and Casual Employees

 

8.1      An employee at the Aquatic, Athletic or Archery Centres or the Satellite Sports Venues, or an employee at the Sports Centre engaged in a classification under subclause 5.4 shall be engaged as either a full-time, part-time, fixed term or casual employee. Sports Centre event staff engaged under this Award shall be engaged as casual employees.

 

8.2      A full-time employee is an employee who is engaged to work an average 38 hours per week.

 

8.3      A part-time employee is an employee engaged to work a minimum of 10 hours work per week. A part-time employee shall receive sick leave, annual leave and long service leave on a pro rata basis.

 

8.4      A casual employee is an employee engaged and paid as such. A casual employee at the Aquatic, Athletic and Archery Centres or Satellite Sports Venues shall be paid the appropriate hourly rate as set out in Table 2 of Part B. A casual event staff employee at the Sports Centre shall be paid the hourly rate as set out in Table 3 of Part B. A casual employee at the Sports Centre engaged in a classification under subclause 5.4 shall be paid either on an ordinary or ‘all-up’ basis as set out in subclause 4.5.

 

8.5      The casual hourly rate contained in this award, contains a component in lieu of any entitlement to sick leave, paid bereavement leave, paid personal carer’s leave, and annual leave.

 

8.6      A casual employee, except as provided for in subclauses 8.7 and 4.5 (ii) shall receive a minimum payment of 3 hours for each engagement.

 

8.7      Casual employees involved in the presentation or conducting of sports, games and training e.g. instructors, shall receive a minimum payment of one hour, except those so engaged at the Sydney Athletic Centre, and casual event staff at the Sports Centre engaged in a classification under Clause 5.3, who shall receive a minimum payment of 3 hours.

 

8.8      Casual rosters may be changed by management provided that shifts are not shortened to less than the minimums referred to above.

 

8.9      A fixed term employee is an employee who is employed on a full-time or part-time basis for a fixed period. An employee who is engaged on this basis shall be notified in writing of the dates on which their engagement will commence and cease. The commencing and ceasing dates may be varied by agreement.

 

9.  Higher Duties

 

9.1      An employee required to perform the entire function of a position attracting a higher level under the award shall, on each occasion, be paid the entire difference between their own salary and the salary of the higher position on the fifth and subsequent days of acting up to the higher position.

 

9.2      The parties to the Award agree that employees required to be in charge of the Pool Deck (that is employees who are rostered on to open and close the  Aquatic Centre) will at all times be paid at Level 3 or above.

 

10.  Meal Breaks

 

10.1    The provisions of subclauses 10.2 to 10.6 apply to employees of the Aquatic, Athletic and Archery Centres and Satellite Sports Venues

 

10.2    Employees shall be entitled to an unpaid meal break of 30 minutes which shall be taken no more than five hours after commencing duty.

 

10.3    Employees working more than six hours per day (excluding breaks) shall also be entitled to two paid ten minutes rest breaks either side of the unpaid meal break.

 

10.4    The employer and employee shall determine the time at which a rest break shall be taken.

 

10.5    Where an employee is required to work in excess of ten ordinary hours, discussions will occur between the employee and his/her supervisor as to whether an additional unpaid meal break of 30 minutes is warranted and if so, the time at which that meal break should be taken.

 

10.6    Staff engaged as casual pool attendants shall be given a paid break of 10 minutes within three hours of commencing duty, with a further paid break of ten minutes should work be required after six hours, in lieu of the provisions outlined in subclause 10.2 above.

 

10.7    Sports Centre casual event staff employees who are required to work on any shift for more than 5 hours shall be entitled to a paid meal break of 30 minutes which should be taken no more than 5 hours after commencing duty.

 

10.8    Sports Centre gymnastics program employees shall be entitled to an unpaid  meal break of not less than 30 minutes and not more than one hour not more than 5 hours after commencing duty.

 

10.9    Notwithstanding the provisions of subclause 10.1 and 10.8 the employer and employee can determine the appropriate time to take a meal break by mutual agreement.

 

11.  Overtime

 

11.1    The provisions of subclauses 11.2 to 11.6 apply to employees of the Aquatic, Athletic and Archery Centres Satellite Sports Venues and Gymnastic Program staff at the Sports Centre, excluding casual gymnastic program employees.

 

11.2    All time worked in excess of an average of thirty-eight hours in any one week outside the spread of hours prescribed in subclause 7.1 of this award or in excess of ten hours in one day shall be paid as overtime or given as time off in lieu.

 

11.3    All excess hours must be authorised by the appropriate supervisor in each section, prior to any overtime being worked.

 

11.4    By mutual agreement, excess hours shall be paid as overtime or taken off, as time off in lieu.  Time off in lieu will be at the overtime rate of time and a half for the first two hours and double time thereafter. This means each excess hour worked will entitle an employee to either one and a half or two hours as time off in lieu. All accrued time off in lieu shall be taken two months after it falls due unless there is mutual agreement between the employer and employee to do otherwise. The maximum number of hours to be accrued at any time is 38.

 

11.5    Where it is impracticable for the excess hours to be taken off as time off in lieu, it shall be paid for at the rate of time and one half for the first two hours and double time thereafter.

 

11.6    An employee (other than a casual employee) who works so many excess hours between the termination of ordinary work on one day and the commencement of ordinary work on the next day, that the employee has not had at least ten (10) consecutive hours off duty between those times, shall be released after the completion of such overtime until ten (10) consecutive hours has been allowed without loss of pay for ordinary working time occurring during such absence.

 

11.7    Overtime shall be paid to Sports Centre casual event staff employees where

 

(a)       the hours of work exceed 10 in any day;

 

(b)       the hours of work extend beyond the time limits specified in subclause 7.6,

 

(c)       the employee receives less than a 10-hour break between work on consecutive days

 

11.8    Overtime for  Sports Centre casual event staff employees shall be paid on the hourly rates contained in Table 3 of Part B, based on time and one half for the first 2 hours and double time for each hour worked thereafter calculated to the nearest quarter hour.

 

11.9    Overtime for casual gymnastic program staff shall be paid on the loaded casual rate (i.e. 15 per cent or 30 per cent) based on time and one half for the first 2 hours and double time for each hour worked in excess of 8 hours, calculated to the nearest quarter hour.

 

12.  Public Holidays

 

12.1    The days on which New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing Day or any additional public holidays or substituted public holidays proclaimed for the State of New South Wales under the Public Holidays Act 2010, shall be holidays and no deduction shall be made in respect of such holidays from the wages due to any employee for the week in which such holiday or holidays occur.

 

12.2    Provided that the abovementioned holiday may be substituted for another day off by agreement between the employer and employee(s) to be take within one (1) month of the said holiday or adjacent to a period of annual leave.

 

12.3    Any full-time or part-time employee, including a fixed term employee, who is required to work on a public holiday shall be entitled to either time and one half hours pay for each hour worked as well as a day off in lieu at a time mutually agreed; or double time and one half for each hour worked on the public holiday. Casual employees (but not including Sports Centre casual event staff employees) who are required to work on a public holiday shall be entitled to double time and one half for each hour work on the public holiday. Sports Centre casual event staff employees who are required to work on a public holiday shall be paid at the hourly rate applicable in Table 3

 

12.4    Full time, part time and fixed term employees who are absent from work on the day before or the day after a public holiday shall provide the employer with proof of sickness (by way of a medical certificate) prior to receiving payment for those days.

 

12.5    An employee whose day or days off duty coincides with a public holiday shall not be entitled to receive an additional day in lieu.

 

12.6    A full-time, part-time or fixed term employee, who presents proof of purchase of a ticket to the Union’s Picnic Day function, at least ten calendar days in advance of the event, shall be entitled to paid leave to attend the function.  The Union shall advise management at least three months prior to the event of any change of date to the Picnic, which shall otherwise be held on the first Monday in December.

 

13.  Sick Leave

 

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

 

13.2    If the full period of sick leave is not taken in any one year, the whole or untaken portion shall accumulate from year to year.

 

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

 

13.4    Where an employee is ill or incapacitated on a rostered day or shift off he/she shall not be entitled to sick pay on that day nor shall his/her entitlement to sick leave be reduced as a result of such illness or incapacity.

 

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

 

13.6    The employee, wherever possible, shall, prior to the commencement of the absence on sick leave, inform the employer of their inability to attend for duty and as far as practicable, the estimated duration of the absence.

 

14.  Personal Carer’s Leave

 

14.1    Use of Sick Leave:

 

14.1.1 An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subclause 14.1.6 (b), who needs the employee’s care and support, shall be entitled to use, in accordance with this clause, any current or accrued sick leave entitlement, provided for in clause 13, Sick Leave, for absences to provide care and support, for such persons, when they are ill, or who require care due to an unexpected emergency. Such leave may be taken for part of a single day.

 

14.1.2 Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

 

14.1.3 Where the parties are unable to reach agreement the disputes procedure at clause 30, Grievance and Dispute Resolution Procedures should be followed.

 

14.1.4 The employee shall, if required

 

(a)       establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person, or

 

(b)       establish by production of documentation acceptable to the employer, or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the employee.

 

14.1.5 In normal circumstances, an employee must not take carer's leave under this clause where another person had taken leave to care for the same person.

 

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

 

(a)       The employee being responsible for the care and support of the person concerned; and

 

(b)       The person concerned being:

 

(i)        a spouse of the employee, or

 

(ii)      a de facto spouse, who is a person of the opposite sex to the employee, who lives with the employee as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; or

 

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

 

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

 

(v)       a relative of the employee who is a member of the same household, where for the purpose of this clause:

 

"relative" means a person related by blood, marriage or affinity;

 

"affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

 

"household" means a family group living in the same domestic dwelling.

 

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

 

14.2    Use of Unpaid Leave:

 

14.2.1 An employee may elect, with the consent of the employer, to take unpaid leave for the purpose of providing care and support to a class of person set out in subclause 14.1.6 (b) who is ill, or who requires care due to an unexpected emergency.

 

14.3    Use of Annual Leave:

 

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

 

14.3.2 Access to annual leave, as prescribed in subclause 14.3.1, shall be exclusive of any shutdown period provided for elsewhere under this award.

 

14.4    Use of Time Off in Lieu of Payment of Overtime:

 

14.4.1 An employee may elect, with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer within 2 months of the said election.

 

14.4.2 Overtime taken as time off during ordinary time hours shall be available at the rate of time and one half for the first two works worked and double time thereafter.

 

14.4.3 If, having elected to take time in lieu of payment of overtime in accordance with subclause 14.4.1, the time in lieu is not taken, for whatever reason, payment for time accrued at overtime rates shall be made at the expiry of the 2 month period or on termination.

 

14.4.4 Where no election is made in accordance with subclause 14.4.1, the employee shall be paid overtime rates in accordance with the award.

 

14.5    Use of Make-Up Time:

 

14.5.1 An employee may elect, with the consent of the employer, to work "make-up time", under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

14.6    Personal Carer’s Entitlement for Casual Employees

 

14.6.1 Subject to the evidentiary and notice requirements in subclause 14.1.4, casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in subclause 14.1.6 (b) who is sick and requires care and support, or who requires care due to an unexpected emergency, or the birth of a child.

 

14.6.2 The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

14.6.3 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.

 

15.  Bereavement Leave

 

15.1    A full-time or part-time employee, including a fixed term employee, shall be entitled to a maximum of three days leave without loss of pay on each occasion and on the production of satisfactory evidence of death within Australia of a member of the employee’s family or household (as defined in subclause 14.1.6 (b)).

 

15.2    An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

15.3    Bereavement leave may be taken in conjunction with other leave available under subclauses 14.2, 14.3, 14.4 and 14.5. Where such other available leave is to be taken in conjunction with bereavement leave, consideration will be given to the circumstances of the employee and the reasonable operational requirements of the employer.

 

15.4    Bereavement Leave for casual employees

 

15.4.1 Subject to the evidentiary and notice requirements in subclause 14.1.4, casual employees are entitled to not be available to attend work, or to leave work upon the death in Australia of a person prescribed in subclause 14.1.6 (b).

 

15.4.2 The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.

 

15.4.3 An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

16.  Parental Leave

 

16.1    Refer to Part 4 of Chapter 2 of the Industrial Relations Act 1996 (NSW). The following provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

16.2    An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(a)       the employee or employee's spouse is pregnant; or

 

(b)       the employee is or has been immediately absent on parental leave.

 

16.3    Right to request

 

An employee entitled to parental leave may request the employer to allow the employee:

 

16.3.1 to extend the period of simultaneous unpaid parental leave up to a maximum of eight weeks;

 

16.3.2 to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

16.3.3 to return from a period of parental leave on a part-time basis until the child reaches school age;

 

to assist the employee in reconciling work and parental responsibilities.

 

16.4    The employer shall consider the request having regard to the employee’s circumstances and, provided the request is genuinely based on the employee’s parental responsibilities, may only refuse the request on reasonable grounds related to the effect on the workplace or the employer’s business. Such grounds might include cost, lack of adequate replacement staff, loss of efficiency and the impact on customer service.

 

16.5    Employee’s request and the employer’s decision to be in writing

 

16.5.1 The employee’s request and the employer’s decision made under subclause 16.4 and 16.5 must be recorded in writing.

 

16.6    Request to return to work part-time

 

Where an employee wishes to make a request under subclause 16.3, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

16.7    Communication during parental leave

 

16.7.1 Where an employee is on parental leave and a definite decision has been made to introduce significant change at the workplace, the employer shall take reasonable steps to:

 

(a)       make information available in relation to any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave; and

 

(b)       provide an opportunity for the employee to discuss any significant effect the change will have on the status or responsibility level of the position the employee held before commencing parental leave.

 

16.7.2 The employee shall take reasonable steps to inform the employer about any significant matter that will affect the employee’s decision regarding the duration of parental leave to be taken, whether the employee intends to return to work and whether the employee intends to request to return to work on a part-time basis.

 

16.7.3 The employee shall also notify the employer of changes of address or other contact details which might affect the employer’s capacity to comply with subclause 16.7.1.

 

17.  Leave for Matters Arising from Domestic Violence

 

17.1    For the purposes of this clause Domestic Violence means domestic violence as defined in the Crimes (Domestic and Personal Violence) Act 2007

 

17.2    Leave entitlements provided for in clause 13, Sick Leave and clause 14, Personal Carer’s Leave, may be used by employees experiencing domestic violence.

 

17.3    Where the entitlements referred to in subclause 17.2 are exhausted, the employer shall grant up to five days paid special leave to be used for absences from the workplace to attend to matters arising from domestic violence situations.

 

17.4    The employer will need to be satisfied, on reasonable grounds, that domestic violence has occurred and may require proof presented in the form of an agreed document issued by the Police Force, a Court, a Doctor, a Domestic Violence Support Service, or a Lawyer.

 

17.5    Personal information concerning domestic violence will be kept confidential by the employer.

 

17.6    The employer, where appropriate, may facilitate flexible working arrangements subject to operational requirements, including changes to working times and changes to work location, telephone number, and email address.

 

18.  Terms of Engagement

 

18.1    Full-time and part-time employees at the Aquatic, Athletics and Archery Centres and Satellite Sports Venues employed in classifications under subclause 5.1 shall be engaged by the week and their engagement shall only be terminated by the employer or employee giving the notice prescribed below, or by payment or forfeiture, as the case may be of the appropriate wages in lieu of notice.

 

 

18.2    A fixed term employee shall be employed for a fixed period. The engagement of a fixed term employee may be varied by agreement between the employer and employee. Notwithstanding the above provisions, a fixed term contract may be terminated by one week’s notice on either side or by the payment or forfeiture, as the case may be, of a week’s wages in lieu of notice thereof.

 

18.3    Full-time and part-time gymnastics program employees employed in classifications under subclause 5.4 shall be engaged by the week and their engagement may be terminated by the employer or employee giving one week’s notice, or by payment or forfeiture, as the case may be of the appropriate wages in lieu of notice.

 

18.4    The provisions outlined in subclauses 18.1 and 18.2 shall not affect the right of an employer to dismiss any employee without notice for misconduct or other neglect of duty.

 

18.5    The employer shall have the right to deduct payment for the time of non-attendance by any employee who fails to attend for duty, or absents himself/herself from duty, without leave.

 

19.  Training Wage

 

19.1    See the Theatrical Employees (Training Wage) (State) Award.

 

20.  Payment of Wages

 

20.1    Wages will be paid fortnightly by Electronic Funds Transfer.

 

21.  Annual Leave and Annual Leave Loading

 

21.1    Full-time and part-time employees employed on or prior to 19 April, 1999 shall receive annual leave of five weeks per annum plus 17.5% Annual Leave Loading, upon the completion of twelve months service.

 

21.2    Part time employees employed after 19 April, 1999 shall be entitled to four (4) weeks paid annual leave per annum plus 17.5% Annual Leave Loading, upon the completion of twelve months service.

 

21.3    Full-time employees employed after 19 April, 1999 shall be entitled to annual leave of five weeks per annum plus 17.5% annual leave loading, upon the completion of twelve months service.

 

21.4    Full-time and part-time gymnastics program employees employed in the classifications under subclause 5.4 shall be entitled to four (4) weeks paid annual leave per annum plus 17.5% Annual Leave Loading, upon the completion of twelve months service.

 

21.5    The loading referred to in subclauses 21.1, 21.2, 21.3 and 21.4 above shall be paid to all weekly employees upon the anniversary of their entitlement, as a lump sum.

 

21.6    Fixed term employees who are engaged on a contract of less than twelve months shall be entitled to annual leave loading, provided that they have been employed as either a casual or weekly employee for a period of longer than twelve months in total, as on aggregate of full-time, part-time or casual employment.

 

21.7    Cashing out of Annual leave

 

21.7.1 Full-time and part-time employees who are entitled to annual leave of 5 weeks per annum under subclause 21.1 or subclause 21.3 shall be able to elect to cash out 1 weeks annual leave, on a single occasion, once in each calendar year. This provision does not apply to employees who accrue 4 weeks annual leave per annum under subclauses 21.2 and 21.4

 

21.7.2 Employees wishing to cash out leave shall indicate their intention in writing, or by email.

 

21.7.3 The cashing out of leave under subclause 21.7 is not available to employees, where the cashing out of leave would result in the employee’s leave balance reducing to below 4 weeks at the time of cashing out.

 

22.  Long Service Leave

 

22.1    The New South Wales Long Service Leave Act 1955 applies.

 

23.  Consultation and Union Access

 

23.1    A meeting will be held every two months between employee representatives, the Union Official and the Director of the Sydney Olympic Park Sports Venues for the purpose of discussing matters affecting the employment, productivity and efficiency at the Sydney Olympic Park Sports Venues.

 

23.2    The Employer recognises the rights of employees to elect union delegates as their representative for the purposes of this Award and to enhance the consultative mechanism.

 

23.3    Where operational matters permit, and subject to sufficient notice to management, accredited union delegates will be allowed reasonable time in work hours to prepare for and meet with management, a union official or employees they represent on urgent matters affecting union members. Management agreement will not be unreasonably withheld.

 

Collective meetings of employees with a union official or accredited union delegate will be held during a lunch or other work break or outside hours unless otherwise agreed by management.

 

23.4    The Employer shall provide accredited delegates with reasonable access to the following facilities for authorised union activities

 

23.4.1 Computer for word processing and related purposes, email, telephone, photocopier, facsimile machine and a private meeting room, if and when necessary.

 

23.4.2 Access to a notice board for material authorised by the union. The Employer shall have the right to decline the posting of material at its discretion but shall not unreasonably do so.

 

23.5    Union Delegates will be allowed to undertake the following activities without deduction from ordinary time earnings, subject to operational requirements and management agreement. Management will not unreasonably withhold agreement.

 

23.5.1 Up to 6 days per annum for training courses conducted by the union or a training provider nominated by the union; or to attend union conferences or industry meetings.

 

23.5.2 Attendance at, and reasonable preparation time for, industrial proceedings that directly affects the area or employee(s) that the union delegate represents.

 

23.5.3 Presenting information on the union and union’s activities at induction sessions for new employees

 

24.  Labour Flexibility

 

24.1    Employees covered by this award shall perform all work within their skill and competence including but not limited to work which is incidental but not peripheral to their main tasks and functions.

 

25.  Uniforms and Protective Clothing

 

25.1    Where employees are required to wear a uniform they will be provided to the employee free of charge. Employees required to work in the rain shall be provided with oilskins, gumboots or other protective clothing, free of charge.

 

25.2    Upon termination of employment all uniforms and property belonging to the employer shall be returned by the employee to the employer properly laundered and/or in working order.

 

26.  Tools and Equipment

 

26.1    All tools and equipment required by the employees to perform their duties shall be provided by the employer, free of charge. Any other authorised work related expenses will be reimbursed to the employee subject to satisfactory verification of the expense.

 

27.  Change Rooms

 

27.1    The employer shall provide a change room for the use of the employees, free of charge. Such change room shall be equipped with hot and cold showers and shall be fitted with individual locker accommodation.

 

28.  Redundancy

 

28.1    Application of this Clause.

 

28.1.1 This clause shall apply in respect of full-time and part-time employees as defined in Clause 8

 

28.1.2 This clause shall not apply to employees with less than one year’s continuous service

 

28.1.3 This clause shall not apply where employment is terminated as a consequence of conduct that warrants dismissal, or in the case of employees engaged for a specific period of time, or for a specified task or tasks, where employment is terminated due to the ordinary turnover of labour.

 

28.2    Employer to Notify and Discuss Change

 

28.2.1 Where the employer has made a definite decision to introduce major changes that are likely to have significant effects on employees, for example in structure, technology and or program/service delivery, the employer shall notify the employees who may be affected by the proposed changes and the union to which they belong

 

28.2.2 The employer shall discuss with the employees affected and the union to which they belong, among other matters, the introduction of the changes referred to in clause 28.2.1, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the union in relation to the changes.

 

28.2.3 The discussion shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in 28.2.1

 

28.2.4 For the purpose of such discussion, the employer shall provide to the employees concerned, and the union to which they belong, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

 

28.2.5 Where the employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone, pursuant to clause 28.2.1, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the union to which they belong as early as practicable.

 

28.2.6 The discussions referred to in 28.2.5 shall cover, among other matters any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned, the number and categories of employees likely to be affected, and the number of workers normally employed, and the period over which the terminations are likely to be carried out.

 

28.3    Notice of Termination of Employment

 

28.3.1 In order to terminate the employment of an employee for reasons arising from "structure", or "program/service delivery", in accordance with 28.2.1, the employer shall give to the employee the following notice

 

 

28.3.2 In addition to the notice above, employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, shall be entitled to an additional week’s notice

 

28.3.3 Payment in lieu of the notice in 28.3.2 shall be made if the appropriate notice period is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof

 

28.4    Notice for Technological Change

 

28.4.1 In order to terminate the employment of an employee for reasons arising from "technology" in accordance with 28.2.1, the employer shall give to the employee three months’ notice of termination

 

28.4.2 Payment in lieu of the notice above shall be made if the appropriate notice period is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

 

28.4.3 The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

 

28.5    Time Off During the Notice Period

 

28.5.1 During the period of notice of termination given by the employer, an employee shall be allowed up to one day’s time off without loss of pay during each week of notice, to a maximum of five weeks, for the purposes of seeking other employment

 

28.5.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent

 

28.5.3 Employee leaving during the notice period - If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this clause had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice

 

28.6    Transfer to Lower Paid Duties

 

28.6.1 Where an employee is transferred to lower paid duties for reasons set out in 28.2.1 the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee’s employment had been terminated, and the employer may at the employer’s option make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rates for the number of weeks of notice still owing.

 

28.7    Severance Pay

 

28.7.1 Where an employee is to be terminated pursuant to clause 28, subject to further order of the Industrial Relations Commission, the employer shall pay the following severance pay in respect of a continuous period of service:

 

(a)       If an employee is under 45 years of age, the employer shall pay in accordance with the following scale

 

 

(b)       Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

 

(c)       'Weeks pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and any allowances.

 

28.7.2 Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 28.7.1 if the employer obtains acceptable alternative employment for an employee

 

29.  Major Interruption to Operations

 

29.1    Although a rare event, external factors such as acts of God or malicious acts by a third party or parties, or industrial action, breakdown of machinery or any other act or omission for which the employer is not responsible may result in the closure of the Centres.

 

29.2    In the first instance options for staff to work at another location will be investigated.

 

29.3    In instances where this is not possible, staff will be given the opportunity to access available annual and/or long service leave entitlements.

 

29.4    Where staff are not able to be placed in work pursuant to clause 29.2 or do not elect to access leave entitlements pursuant to clause 29.3, either party may make an application to the Industrial Relations Commission pursuant to s.126 of the Industrial Relations Act 1996 for a stand down order.

 

30.  Grievance and Dispute Resolution Procedures

 

30.1    Procedures relating to grievances of individual employees.

 

30.1.1 The employee is required to notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer for bilateral discussions and state the remedy sought.

 

30.1.2 A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

30.1.3 Reasonable time limits must be allowed for discussion at each level of authority.

 

30.1.4 At the conclusion of the discussion, the employer must provide a response to the employee’s grievance if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

30.1.5 While a procedure is being followed, normal work must continue.

 

30.1.6 The employee may be represented by a union party to this award for the purpose of each procedure.

 

30.1.7 The grievance may be referred to the New South Wales Industrial Relations Commission by any party for conciliation or arbitration if the matter is unresolved following the use of the above procedure. 

 

30.2    Procedures relating to disputes etc. between the employer and its employees.

 

30.2.1 A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher level of authority.

 

30.2.2 Reasonable time limits must be allowed for discussion at each level of authority.

 

30.2.3 While a procedure is being followed, normal work must continue.

 

30.2.4 The employer may be represented by an industrial organisation of employers and the employees may be represented by a union party to this award for the purpose of each procedure.

 

30.2.5 If the dispute resolution process is exhausted without the dispute being resolved, the parties may jointly or individually refer the matter to the NSW Industrial Relations Commission for conciliation and/or arbitration.

 

31.  Secure Employment

 

31.1    Objective of this Clause

 

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

 

31.2    Casual Conversion

 

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

 

31.2.2 Every employer of such a casual employee shall give the employee notice in writing of the provisions of this clause within four weeks of the employee having attained such period of six months. However, the employee retains his or her right of election under this clause if the employer fails to comply with this notice requirement.

 

31.2.3 Any casual employee who has a right to elect under subclause 31.2.1, upon receiving notice under subclause 31.2.2 or after the expiry of the time for giving such notice, may give four weeks’ notice in writing to the employer that he or she seeks to elect to convert his or her ongoing contract of employment to full-time or part-time employment, and within four weeks of receiving such notice from the employee, the employer shall consent to or refuse the election, but shall not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so shall be fully stated and discussed with the employee concerned, and a genuine attempt shall be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

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

 

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

 

31.2.5 If a casual employee has elected to have his or her contract of employment converted to full-time or part-time employment in accordance with subclause 31.2.3, the employer and employee shall, in accordance with this clause, and subject to subclause 31.2.3, discuss and agree upon:

 

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

 

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

 

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

 

31.2.6 Following an agreement being reached pursuant to subclause 31.2.5, the employee shall convert to full-time or part-time employment. If there is any dispute about the arrangements to apply to an employee converting from casual employment to full-time or part-time employment, it shall be dealt with as far as practicable and with expedition through the disputes settlement procedure.

 

31.2.7 An employee must not be engaged and re-engaged, dismissed or replaced in order to avoid any obligation under this clause.

 

31.2.8 The parties recognise the seasonal nature of casual employment at the Centres and acknowledge that regular and systematic work may extend over a number of months on a seasonal basis, but not over the full year. These circumstances will constitute valid grounds for the employer to not unreasonably refuse an employee’s election to convert to full time or part time employment (in accordance with subclause 31.2.3) where the seasonal nature of the work can be demonstrated.

 

31.2.9 This clause does not apply to casual event staff employees at the Sports Centre in the classification described in clause 5.3

 

32.  Work Health and Safety

 

32.1    Work Health and Safety

 

32.1.1 For the purposes of this clause, the following definitions shall apply:

 

(a)       A "labour hire business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which has as its business function, or one of its business functions, to supply staff employed or engaged by it to another employer for the purpose of such staff performing work or services for that other employer.

 

(b)       A "contract business" is a business (whether an organisation, business enterprise, company, partnership, co-operative, sole trader, family trust or unit trust, corporation and/or person) which is contracted by another employer to provide a specified   service or services or to produce a specific outcome or result for that other employer which might otherwise have been carried out by that other employer’s own employees.

 

32.1.2 Any employer which engages a labour hire business and/or a contract business to perform work wholly or partially on the employer’s premises shall do the following (either directly, or through the agency of the labour hire or contract business):

 

(a)       consult with employees of the labour hire business and/or contract business regarding the workplace occupational health and safety consultative arrangements;

 

(b)       provide employees of the labour hire business and/or contract business with appropriate workplace health and safety induction training including the appropriate training required for such employees to perform their jobs safely;

 

(c)       provide employees of the labour hire business and/or contract business with appropriate personal protective equipment and/or clothing and all safe work method statements that they would otherwise supply to their own employees; and

 

(d)       ensure employees of the labour hire business and/or contract business are made aware of any risks identified in the workplace and the procedures to control those risks.

 

32.1.3 Nothing in clause 32 is intended to affect or detract from any obligation or responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers Compensation Act 1998.

 

32.2    Disputes Regarding the Application of this Clause

 

32.2.1 Where a dispute arises as to the application or implementation of this clause, the matter shall be dealt with pursuant to the disputes settlement procedure of this award.

 

32.3    This clause has no application in respect of organisations which are properly registered as Group Training Organisations under the Apprenticeship and Traineeship Act 2001 (or equivalent interstate legislation) and are deemed by the relevant State Training Authority to comply with the national standards for Group Training Organisations established by the ANTA Ministerial Council.

 

32.4    The parties to this agreement are committed to continuous improvement in work health and safety (WHS) standards through the implementation of an organisational framework, involving all parties in protecting workers' health and safety.

 

In addition to initial work health and safety training for employee representatives, employee representatives may undertake one day per annum refresher training at a course, conference or seminar, chosen in consultation with the employer.

 

33.  No Extra Claims

 

33.      The 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.

 

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.

 

34.  Anti-Discrimination

 

34.1    It is the intention of the parties bound by this award to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity, age and responsibilities as a carer.

 

34.2    It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award, the parties have obligations to take all reasonable steps to ensure that the operation of the provisions of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award which, by its terms or operation, has a direct or indirect discriminatory effect.

 

34.3    Under the Anti-Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

34.4    Nothing in this clause is to be taken to affect:

 

(a)       any conduct or act which is specifically exempted from anti-discrimination legislation;

 

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

 

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

 

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

 

34.6    Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

 

35.  Area, Incidence and Duration

 

35.1    This award shall regulate the terms and conditions of employment of employees:

 

(a)       of the Government of NSW employed in the Public Service under Division 1, Part 4 of the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority Branch of the Office of Sport in the classifications prescribed by this Award at the Sydney Olympic Park Aquatic, Athletic and Archery Centres, and Satellite Sports Venues, and

 

(b)       not classified as staff members of the management team.

 

(c)       of the Government of NSW employed in the Public Service under Division 1, Part 4 of the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority Branch of the Office of Sport in the classifications prescribed by this Award in connection with (whether indoors or outdoors) any fixture, event, exhibition or performance at the Sydney Olympic Park Sports Centre, or associated facilities.

 

(d)       of the Government of NSW employed in the Public Service under Division 1, Part 4 of the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority Branch of the Office of Sport in the classifications prescribed by this Award, in connection with the gymnastics program, at the Sydney Olympic Park Sports Centre, or associated facilities.

 

35.2    This award shall not apply to employees employed in a security capacity in or in connection with, or in or about (whether indoors or outdoors), the Sydney Olympic Park Aquatic Centre, Sydney Olympic Park Athletic Centre, the Sydney Olympic Park Archery Centre, the Sydney Olympic Park Sports Centre and the Satellite Sports Venues.

 

35.3    This award shall not apply to employees at the Sports Centre who from time to time may perform functions covered by the classification structure in subclause 5.3, who are engaged by the week..

 

35.4    This award is made following an application by the Office of Sport, Sydney Olympic Park Authority Branch under section 10 of the Industrial Relations Act 1996 and rescinds and replaces the Sydney Olympic Park Authority Managed Sports Venues Award 2016 published on 24 June 2016 (379 I.G. 928)  and all variations thereof.

 

The changes made to the award pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and Principle 26 of the Principles for Review of Awards made by the Industrial Relations Commission of New South Wales on 28 April 1999 (310 I.G. 359) have been included in the award.

 

35.5    The award will operate from 1 July 2018 and remain in force until 30 June 2019.

 

35.6    The parties to this award have agreed to commence discussions for a new award 6 months prior to the nominal expiry date.

 

PART B

 

Table 1 - Rates of Pay for Full-Time Classifications under Clause 5.1

 

 

Table 2 - Hourly Rates of Pay for Casual Employees under Clause 5.2

 

 

Table 3 - Hourly Rates of Pay for Sports Centre Casual Event Staff Employees under clause 5.3

 

 

Table 4 - Rates of Pay for Full-Time Classifications under Clause 5.4

 

 

 

Table 5 - Other Rates and Allowances for Classifications under Clause 5.4

 

 

 

 

P. M. KITE, Chief Commissioner.

 

 

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Printed by the authority of the Industrial Registrar.