Crown Employees (Office of Sport - Centre Managers)
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 287223 of 2018)
Before Chief Commissioner Kite
|
13 March 2019
|
REVIEWED
AWARD
PART A
Arrangement
PART A
Clause No. Subject
Matter
1. Title
2. Definitions
3. Parties
4. Classifications
5. Appointment
and Qualification Requirements
6. Salaries
6A. Calculation
of Service
7. General
Conditions of Employment
8. Saving of
Rights
9. Hours of
Duty
10. Residential
Requirements
11. Compensation
for On-Call, Out-of-Hours, Weekend and Public Holiday Duty
12. Annual
Leave Loading
13. Deduction
of Union Membership Fees
14. Anti-Discrimination
15. No Extra
Claims
16. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Salaries
Table 2 - Annual Allowance
APPENDIX 1
Centre Locations
1. Title
1.1 This award will
be known as the Crown Employees (Office of Sport - Centre Managers) Award.
2. Definitions
"Agency" refers to the Office of Sport.
"Agency Head" means the Chief Executive of the
Office of Sport.
"Centre" means a departmental residential or
non-residential venue (as listed at Appendix 1). It also includes any place designated as part
of, or as annex to, such a venue.
"Centre Manager" means an employee occupying a
role of Centre Manager in a residential Centre.
"Chief Executive" means the Chief Executive of the
Office of Sport.
"Executive Director" means the Executive Director
Sport and Recreation Services of the Sport and Recreation Services Group of the
Office of Sport.
"Industrial Relations Secretary" has the same
meaning as in the Government Sector
Employment Act 2013.
"Employee" means and includes all persons employed
under the provisions of the Government
Sector Employment Act 2013 and who, as at the operative date of this award,
were occupying one of the roles covered by this award or who, after that date,
are appointed to or employed in any of such roles.
"Events Coordinator" means an employee assigned to
a role of Events Coordinator at a non-residential Centre
"Operations Coordinator" means an employee
assigned to a role of Operations Coordinator at a non-residential Centre.
"Program Coordinator" means an employee occupying
a role of Program Coordinator in a Centre.
"Regional Director" means
a Regional Director of the Sport and Recreation Services Group of the Office of
Sport.
"Service" means continuous service with the Agency
in a role covered by the award.
"Service Co-ordinator" means an employee occupying
a role of Services Co-ordinator in a Centre.
"Union" means the Public Service Association and
Professional Officers' Association Amalgamated Union of New South Wales.
"Venue Manager" means an employee occupying a role
of Venue Manager at a non-residential Centre
3. Parties
3.1 This award has
been made between the following parties:
Industrial Relations Secretary
Office of Sport
Public Service Association and Professional Officers'
Association Amalgamated Union of New South Wales
4. Classifications
4.1 The
classifications covered by this award are:
Centre Manager (formerly known as General Manager)
Venue Manager
Program Coordinator (formerly known as Client Services
Coordinator)
Operations Coordinator (formerly known as Operations
Manager)
Events Coordinator (formerly known as Events Manager)
Service Co-ordinator
Roles at Centres which have rostered and/or on-call
responsibilities as determined by the relevant Director excluding Program
Staff, Catering Officers and Services Officers.
4.2 Roles are
classified in accordance with the classification and grading system approved by
the Industrial Relations Secretary.
5. Appointment and
Qualification Requirements
5.1 The appointment
or employment of employees to vacant roles will be in accordance with the
principles of merit. Employees appointed
to roles covered by this Award must possess relevant knowledge, skills and experience.
5.2 In addition to
relevant knowledge, skills and experience, Program Coordinators are required to
possess tertiary qualifications in a relevant field as determined by the
Executive Director Sport and Recreation.
Relevant fields include, but are not limited to, Education, Arts, Social
Sciences, Applied Science, Health and Human Movement. The minimum entry level qualification
required is a degree or alternatively, Certificate IV (Australian Qualifications
Framework - AQF) Outdoor Recreation and relevant industry experience.
6. Salaries
6.1 This award is
listed in Schedule A of the Crown Employees (Public Sector - Salaries 2018)
Award and salaries and allowances payable to employees shall be in accordance
with that award or any award replacing it. The rates set out at Part B - Tables
1 & 2 of this award are subject to the rates as set by the Crown Employees
(Public Sector - Salaries 2018) Award or any award replacing it.
6A.
Calculation of Service
6A1 In
calculating years of service for the purpose of this award the following
periods are not taken into account:
(a) Any period in
respect of which an increment is refused in accordance with clause 14,
Increments, of the Government Sector Employment Regulation 2014;
(b) Any leave of
absence without pay exceeding five days in any incremental year;
(c) Any period
necessary to give full effect to a reduction in salary imposed under sections
68 Unsatisfactory performance of government sector
employees and 69 Misconduct - Public Service and other prescribed government
sector employees the Government Sector
Employment Act 2013."
7. General Conditions
of Employment
7.1 Employees shall
be entitled to conditions of employment as set out in this award or, where this
award is silent, conditions of employment as provided for under the Crown
Employees (Public Service Conditions of Employment) Reviewed Award 2009 or any
replacement award.
8. Saving of Rights
8.1 At the time of
making of this Award, no employee covered by this Award will suffer a reduction
of their rate of pay or dimution in his or her
conditions of employment as a consequence of the making of this Award.
9. Hours of Duty
9.1 The contract
working hours will be 35 hours per week averaged over a four week period. Rostered hours of duty may include any day of
the week including Saturday, Sunday and public holidays.
9.2 Employees shall
be rostered for 19 days within a four week roster cycle.
9.3 Employees shall
not be rostered for more than 10 consecutive calendar days over any period.
9.4 Employees are
entitled to nine days rostered off duty including a minimum of two x two
consecutive rostered days off in any four week roster cycle. Where it is not possible to roster 9 days off
in a four week roster cycle, the days not taken may be carried over and
utilised in the next two roster cycles.
If not taken in the next two roster cycles the entitlement shall be
forfeited, subject to the provisions of subclause 9.5 of this Award.
9.5 Where
exceptional circumstances arise and it appears that the employee will not be
able to take rostered days off carried over in accordance with subclause 9.4 or
subclause 11.8 of this Award, the Regional Director may approve the rostered
days off being carried forward provided the employee and their supervisor
devise a strategy in writing to ensure that the rostered days off are taken.
The identified strategy must be reported to and authorised by the Regional
Director.
9.6 Hours of duty
shall be determined by way of roster, which shall be displayed in an area
available to all employees not less than seven days prior to the commencement
of the four week roster cycle.
9.7 Weekend and
public holiday duty is based on client demand at the Centre and shall be
allocated equitably between the employees covered by this Award.
10. Residential
Requirements
10.1 Employees
employed under this Award at residential venues may be required to reside
on-site. However, the Regional Director has the authority to consider
exemptions from this requirement.
10.2 The manner in
which accommodation and food/meals are administered for employees shall be
consistent with the Agency’s Centre meals and accommodation policies.
11. Compensation for
on-Call, Out-of-Hours, Weekend and Public Holiday Duty
11.1 Employees are
entitled to an annual allowance as specified in Table 2 - Annual Allowance, of
Part B, Monetary Rates, and 25 days' recreation leave as compensation for
out-of-hours, weekend and public holiday work, for being on-call and for duty
undertaken after being "called" for duty. Recreation leave will be administered
consistent with general public sector provisions.
11.2 The annual
allowance will be adjusted in accordance with the Crown Employees (Public
Sector - Salaries 2018) Award or any replacement award.
11.3 "On
call" is defined as being available for additional duties, when not on
duty performing rostered weekly contract hours.
Employees are required to be on call to perform such additional duties
(e.g. emergencies) on a rostered basis.
11.4 On-call duty
shall be rostered equitably at each Centre between the employees covered by
this Award.
11.5 A Centre Manager
of a residential Centre may call for expressions of interest from employees in
roles other than those roles covered by this award who wish to be considered as
alternative on-call employees. This may only be instituted on a long-term basis
where there are only two roles covered by this award in the staffing
structure. No alternative employee can be
forced to assume on-call responsibilities.
Any such arrangement must be by agreement between the individual
employee and the Centre Manager and will be subject to the approval of the
Executive Director. The Executive
Director will determine if the nominated employee is required to reside on-site.
11.6 The annual
allowance may also be paid on a short-term temporary basis to an employee in a
role other than those roles covered by this award when the normal recipient is
on leave for a period of at least one week.
The allowance is payable for the whole period of leave and not only for
those days that the temporary recipient is rostered on-call.
11.7 Employees
selected in terms of subclause 11.5 of this clause to perform on-call duties
are deemed to be within the coverage of this award for the purposes of
performing on-call duties, recall to duty whilst on‑call and receiving
the annual allowance as specified in Table 2 - Annual Allowance, of Part B,
Monetary Rates.
11.8 The annual
allowance is payable on a pro-rata basis for part time duty or part year
assignments to roles within the coverage of this role or to persons deemed to
be within the coverage of this award.
11.9 All on-call
conditions as determined by this clause shall apply to those employees
selected. If an employee already
receives an allowance for similar after-hours responsibilities under another
industrial instrument, the total of their on-call duties will not exceed the
total of their duties under the first instrument.
11.10 Employees required
to be called for duty whilst not rostered on duty and not rostered on call
shall be entitled to the equivalent time off within the roster cycle. Where it is not possible for time off within
that cycle, the time may be carried forward for a maximum of two roster cycles
and must be taken in that period. If not taken the entitlement shall be
forfeited, subject to the provisions of subclause 9.5 of clause 9 Hours of Duty
of this Award.
11.11 The annual
allowance is an all-inclusive payment that represents compensation for all
incidences of employment.
11.12 No additional
entitlement accrues for employees who are called to perform duty whilst on
call.
12. Annual Leave
Loading
12.1 Employees are
entitled to an annual leave loading of 17.5% calculated on four weeks
recreation leave.
13. Deduction of Union
Membership Fees
13.1 The union shall
provide the Agency with a schedule setting out union fortnightly membership
fees payable by members of the union in accordance with the union’s rules.
13.2 The union shall
advise the Agency of any change to the amount of fortnightly membership fees
made under its rules. Any variation to
the schedule of union fortnightly membership fees payable shall be provided to
the Agency at least one month in advance of the variation taking effect.
13.3 Subject to
subclauses 13.1 and 13.2, the Agency shall deduct union fortnightly membership
fees from the pay of any employee who is a member of the union in accordance
with the union’s rules, provided that the employee has authorised the Agency to
make such deductions.
13.4 Monies so
deducted from the employee’s pay shall be forwarded regularly to the union
together with all necessary information to enable the union to reconcile and
credit subscriptions to employees’ union membership accounts.
13.5 Unless other arrangements
are agreed to by the Agency and the union, all union membership fees shall be
deducted on a fortnightly basis.
13.6 Where an employee
has already authorised the deduction of union membership fees from his or her
pay prior to this clause taking effect, nothing in this clause shall be read as
requiring the employee to make a fresh authorisation in order for such
deduction to continue.
14.
Anti-Discrimination
14.1 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.
14.2 It follows that,
in fulfilling their obligations under the Grievance and Dispute Settling
Procedures prescribed by the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 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.
14.3 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.
14.4 Nothing in this
clause is to be taken to affect:
14.4.1 Any conduct or act
which is specifically exempted from anti-discrimination legislation;
14.4.2 Offering or
providing junior rates of pay to persons under 21
years of age;
14.4.3 Any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti
Discrimination Act 1977;
14.4.4 A party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
14.5 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.
14.5.1 Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
14.5.2 Section 56(d) of
the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects... any other act or
practice of a body established to propagate religion that conforms to the doctrines
of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
15. No Extra Claims
15.1 The no extra
claims clause (clause 8) contained in the Crown Employees (Public Sector -
Salaries 2018) Award shall apply to employees covered by this award.
16. Area, Incidence
and Duration
16.1 This award shall
apply to all employees employed by the Office of Sport who, at the operative
date of this award, are employed in the classifications specified in Clause 4,
Classifications at the locations specified at Appendix 1 of this award.
16.2 Employees
selected in terms of subclause 11.5 of clause 11 of this award to perform
on-call duties are deemed to be within the coverage of this award for the purposes
of performing on-call duties, recall to duty whilst on‑call and receiving
the annual allowance as specified in Table 2 - Annual Allowance, of Part B,
Monetary Rates.
16.3 The employees
regulated by this award will be entitled to the conditions of employment as set
out in this award and, except where specifically varied by this award, existing
conditions provided for by the Crown Employees (Public Service Conditions of
Employment) Reviewed Award 2009 and the Crown Employees (Public Sector -
Salaries 2018) Award or any replacement awards.
16.4 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) take
effect on and from 13 March 2019.
16.5 This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Crown Employees (Office of Sport - Centre Managers)
Award published 15 January 2016 (378
I.G. 1297), as varied.
16.6 This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
This award is listed in Schedule A of the Crown Employees
(Public Sector - Salaries 2018) Award and salaries payable to employees shall
be in accordance with that award or any award replacing it. The rates set out
at Table 1 of Part B of this award are subject to the rates as set by the Crown
Employees (Public Sector - Salaries 2018) Award or any award replacing it.
Annual incremental progression within a grade or broad
banded grades shall be on the anniversary of assignment to a role; and subject to
satisfying the provisions of clause 13, Increments, of the Government Sector
Employment Regulation 2014.
Table 1 - Salaries
Grades and salary rates for classifications in this award
are in accordance with the Crown Employees
Administrative and Clerical Officers
Salaries) Award 2007 Grades 4 to 12.
Table 2 - Annual Allowances
Allowance
|
1.7.18
|
|
Per annum
|
|
2.50%
|
|
$
|
Annual allowance (Clause 11)
|
11,603
|
Appendix 1
Centre Locations
Residential Venues
Berry Sport and Recreation Centre
|
|
BERRY
|
2535
|
|
|
|
Borambola Sport and Recreation
Centre
|
|
WAGGA WAGGA
|
2650
|
|
|
|
Broken Bay Sport and Recreation Centre
|
|
BROOKLYN
|
2083
|
|
|
|
Lake Ainsworth Sport and Recreation Centre
|
|
LENNOX HEAD
|
2478
|
|
|
|
Lake Burrendong Sport and
Recreation Centre
|
|
MUMBIL
|
2820
|
|
|
|
Jindabyne Sport and Recreation Centre
|
|
JINDABYNE
|
2627
|
|
|
|
Lake Keepit Sport and Recreation
Centre
|
|
GUNNEDAH
|
2380
|
|
|
|
Milson Island Sport and Recreation Centre
|
|
BROOKLYN
|
2083
|
|
|
|
Myuna Bay Sport and Recreation
Centre
|
|
DORA CREEK
|
2264
|
|
|
|
Point Wolstoncroft Sport and
Recreation Centre
|
|
GWANDALAN
|
2259
|
|
|
|
Sydney Academy of Sport and Recreation
|
|
NARRABEEN
|
2101
|
|
|
|
Non-Residential Venues
|
|
Sydney International Equestrian Centre
|
|
HORSLEY PARK NSW
|
2164
|
|
|
|
Sydney International Shooting Centre
|
|
CECIL PARK NSW
|
2171
|
|
HILL TOP NSW
|
2575
|
|
P. M. KITE, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.