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New South Wales Industrial Relations Commission
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Sydney Cricket and Sports Ground Trust (Ground Staff) Enterprise Award 2019
  
Date05/08/2020
Volume387
Part6
Page No.1114
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C9064
CategoryAward
Award Code 644  
Date Posted05/08/2020

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(644)

SERIAL C9064

 

Sydney Cricket and Sports Ground Trust (Ground Staff) Enterprise Award 2019

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Australian Federation of Employers and Industries, Industrial Organisation of Employers and State Peak Council.

 

(Case No. 321845 of 2019)

 

Before Chief Commissioner Kite

24 October 2019

 

AWARD

 

PART A

 

1.  Arrangement

 

Clause No.       Subject Matter

 

PART A

 

1.         Arrangement

2.         Title

3.         Coverage

4.         Definitions

5.         Intent of the Enterprise Award

6.         Commitment to Improving Productivity, Efficiency and Flexibility

7.         Full-time, Part-time and Casual Employees

8.         Hours of Work

9.         Meal Allowance

10.      Meal Breaks

11.      Excess Hours

12.      Public Holidays

13.      Annual Leave

14.      Sick Leave

15.      Personal/Carers Leave

16.      Bereavement Leave

17.      Income Protection Plan

18.      Induction/Training

19.      Consultative Committee

20.      Workplace Health and Safety

21.      Labour Flexibility

22.      Additional Functions

23.      Supplementary Staff

24.      Working in the Rain

25.      Acting Supervisor

26.      Change Rooms

27.      Tools

28.      Trust Uniform and Personal Identification

29.      Job Representative

30.      Wage Rates

31.      Payment of Wages

32.      Terms of Engagement

33.      Redundancy

34.      No Extra Claims

35.      Long Service Leave

36.      Grievance and Dispute Procedures

37.      Declaration

38.      Provision of Training

39.      Commencement and Duration

40.      Jury Service

41.      Superannuation

42.      Anti-Discrimination

 

PART B

 

Table 1 - Full Time and Part Time Employees

Table 2 - Casual Employees

Table 3 - Apprentices

 

2.  Title

 

This Enterprise Award shall be known as the Sydney Cricket and Sports Ground Trust (Ground Staff) Enterprise Award 2019.

 

3.  Coverage

 

3.1      This Enterprise Award shall apply to all Ground Staff employed by the Sydney Cricket and Sports Ground Trust at the Moore Park site, previously regulated by the Sydney Cricket and Sports Ground Trust (Ground Staff) Enterprise Award 2016 made by the New South Wales Industrial Relations Commission. This Enterprise Award shall prevail to the extent of any inconsistency.

 

3.2      This Enterprise Award shall apply to:

 

3.2.1   Sydney Cricket and Sports Ground Trust ("the Trust");

 

3.2.2   Employees engaged by the Trust to work in the Grounds Department, including apprentices, greenkeepers, mechanics, grounds persons and gardeners; and

 

3.2.3   The Australian Worker’s Union, New South Wales.

 

4.  Definitions

 

4.1      "Enterprise Award" means the Sydney Cricket and Sports Ground Trust (Ground Staff) Enterprise Award 2019.

 

4.2      "Enterprise" means the Sydney Cricket and Sports Ground Trust.

 

4.3      "Union" means The Australian Workers’ Union, New South Wales

 

4.4      "Grounds Person Grade C" shall mean an employee with recognised industry experience appropriate to the operational needs of the Trust and who is undertaking a structured course in Greenkeeping or a Horticultural Diploma or other qualification deemed relevant by the Trust at an approved TAFE College.

 

Upon the successful completion of the approved course(s) of study, a Grade C employee will, subject to the satisfactory performance of their duties, have the expectation of ongoing employment by the Trust.

 

4.5      "Grounds Person Grade B" shall be an employee holding a Greenkeepers Certificate or Horticultural Certificate or other appropriate trade qualification

 

4.6      "Grounds Person Grade A" shall mean:

 

4.6.1   an employee who holds a recognised Tertiary qualification relevant to the operational needs of the Trust; or

 

4.6.2   an employee who holds a dual green keepers and horticultural qualifications or equivalent quantification recognised by the Trust and who has completed at least one years’ service at the level of a Grade B Grounds Person; or

 

4.6.3   an employee who has completed at least two years’ service as the level of a Grade B Grounds Person.

 

4.7      "Commission" means the Industrial Relations Commission of NSW

 

5.  Intent of the Enterprise Award

 

5.1      This Enterprise Award has been negotiated to provide the vehicle by which the grounds maintenance operations of the Trust can be established in an efficient, flexible and productive manner.

 

5.2      The Trust, and the employees each recognise that the work methods that were used in the past, may not be consistent with the current needs of the Enterprise. It is therefore important that change be introduced in a consultative, constructive and managed way in order to secure the future viability of the Enterprise and hence the long term job security of the Employees together with fair and equitable working conditions.

 

5.3      The parties therefore commit to co-operate in their collective efforts to achieve significant, lasting improvements in productivity, efficiency and flexibility together with fair and equitable working conditions.

 

5.4      The parties anticipate that the Enterprise Award shall:

 

Increase job satisfaction and security.

 

Increase the skill levels of all members of the workforce with the implementation of training programs, tailored to meet the requirements of the work programme.

 

Increase Trust efficiency and profitability.

 

Establish a management system that generates informed and democratic input from employees on all work-related issues.

 

Ensure the development of a decisive, committed and responsive Trust decision making structure that resources and supports the contributions of employees to workplace reform.

 

Achieve change and progress through a process of communications, agreement and teamwork.

 

Improves the competitive position of the Trust in the market.

 

Protect and enhance the quality of the environment.

 

Realistically ensure and promote equality of employment and shall preclude discrimination on the basis of sex, marital status, ethnic background, religious or political beliefs.

 

6.  Commitment to Improving Productivity, Efficiency and Flexibility

 

6.1      The parties to this Enterprise Award are committed to continually developing flexibility over the functions performed by the Trust. The flexibility should be consistent with agreed productivity objectives and the removal of artificial demarcation work barriers by agreement, subject to competence and training.

 

6.2      The commitment extends to individual employees performing tasks that, while primarily involving the skills of the employee’s classification, are incidental or peripheral to the primary task and enables the completion of the whole task. Such incidental or peripheral tasks would be carried out giving due consideration to it being safe, legal, sensible and within the employee’s competence.

 

6.3      Employees shall be required to perform all duties required by the Enterprise within their skill and competence. This clause is designed to ensure the elimination of demarcation barriers preventing an employee from performing the whole job.

 

6.4      During the term of this Enterprise Award, the parties agree to confer on other productivity improvements.

 

7.  Full-Time, Part-Time and Casual Employees

 

7.1      An employee shall be engaged as either a full-time, part-time, or casual employee.

 

7.2      A full-time employee shall mean an employee who is engaged to work an average of seventy-six hours in a fortnight.

 

7.3      A part-time employee shall mean an employee engaged to work a minimum of six hours per week or a minimum of twelve hours over twenty-eight days (with a minimum of two hours for each engagement). A part-time employee shall receive sick leave, annual leave and long service leave on a pro rata basis.

 

7.4      A casual employee shall mean an employee who is engaged and paid as such. A casual employee shall be paid a 20% casual loading in addition to the full-time hourly rate. The casual rate is set out in Table 2 of Part B of this Enterprise Award. The 20% casual loading contained in this Enterprise Award, is paid in lieu of any entitlement to sick leave, bereavement leave, long service leave and annual leave.

 

7.5      A casual employee shall receive a minimum payment of 3 hours for each engagement, to be worked consecutively.

 

8.  Hours of Work

 

8.1      The ordinary hours of work shall be an average of seventy-six hours in any fortnight and may be worked on any five days of the week, Monday to Sunday between the hours of 6:00am and 11:30 pm.

 

8.2      Any hours worked between 11:30pm and 6:00am shall be paid to the Employees at time and one half.

 

8.3      Employees will be required to work no more than eight ordinary hours on any day.

 

8.4      Unless an agreement is made to the contrary, Employees shall receive a minimum break between shifts of ten (10) consecutive hours.

 

8.5      Should an agreement be reached pursuant to clause 8.4 to waive the minimum break between shifts and the Employee commences work prior to receiving a 10 hour break, that Employee shall be paid a penalty of time and one half for the hours up to the time when the ten (10) hour break would have been completed.

 

For example, if the Employee finishes work at 12:00am (midnight) and starts his/her next shift at 8:00am, the Employee is entitled to the time and one-half penalty for the first two hours of his/her shift, finishing at 10:00am.

 

8.6      Rosters shall be based on ten workdays in any fourteen day cycle with days off being taken consecutively wherever possible.

 

9.  Meal Allowance

 

A meal allowance shall be payable to an employee where he/she works 2 hours or more after their scheduled finishing time.

 

The meal allowance shall be paid in accordance with the following table;

 

From the first full pay period on or after

From the first full pay period on or after

From the first full pay period on

1 October 2019 @2.5%

1 October 2020 @2.38%

or after 1 October 2021 @2.04%

$12.62

$12.92

$13.18

 

10.  Meal Breaks

 

10.1    Employees shall be entitled to an unpaid meal break of forty-five minutes, which should be taken no more than five hours after commencing duty.

 

10.2    The time of the meal break shall be determined by most of the employees concerned and the Enterprise.

 

10.3    An employee who works for more than four hours shall be entitled to a ten-minute paid tea break and shall be entitled to a further ten-minute paid tea break where work continues beyond eight hours.

 

10.4    The time of the tea breaks shall be determined mutually by most employees concerned and the Enterprise and may be staggered with meal breaks.

 

11.  Excess Hours

 

11.1    All time in excess of eight hours in any one day or in excess of 76 hours per fortnightly pay cycle shall be overtime and shall be credited to an ‘overtime bank’. The employee may, with the consent of the employer, take an equivalent number of ordinary hours off as time in lieu.

 

11.2    Employees may only accrue a maximum amount of 76 hours in the ‘overtime bank’ at any given time.

 

11.3    Employees engaged within the ‘Grounds Mechanic’ classification may accrue a maximum of 152 hours in the ‘overtime bank’ at any given time.

 

11.4    Where the Enterprise deems that the employee can perform no productive work, the employee may be directed to cease work prior to the normal eight hours being completed. The difference in hours between cessation of work and normal eight-hour day will be deducted from the overtime bank.

 

11.5    The employee may not be directed to cease work if it would cause the overtime bank to be more than eight hours in the negative without agreement between the Curator and the employee.

 

11.6    The above arrangements have applied from the commencement of the previous Certified Agreement and shall continue to apply under this Enterprise Award; any hours outstanding in regard to the overtime bank arising from the previous Enterprise Award or previous Certified Agreement shall remain unaffected by this provision

 

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, Queens Birthday, Labour Day, Christmas Day, Boxing Day or any day proclaimed in lieu thereof and other days which may be proclaimed as public holidays for the State shall be holidays and no deduction in respect of such holidays shall be made from the wages due to any employee for the week in which such holidays or holidays occur.

 

12.2    If an ordinary workday falls on a public holiday and the employees are required to work, then the employees will be paid at single time with 1.5 times the number of hours being credited to the overtime bank.

 

12.3    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 (10) 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 (3) 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.  Annual Leave

 

13.1    Full time employees shall receive annual leave of 5 weeks per annum plus 17.5% annual leave loading, upon the completion of 12 months’ service.

 

13.2    Part time employees 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.

 

13.3    The loading referred to in 13.1 above shall be paid to all weekly employees as a lump sum either at the beginning of the pay period commencing on or after 1st January each year or at the termination of their employment as a pro-rata amount.

 

13.4    Leave shall only be taken between the months of March and October in any calendar year with the agreement of the Enterprise.

 

14.  Sick Leave

 

Existing Employees (employed as at 27 October 2004)

 

14.1    A weekly employee who has been employed for less than five years shall be entitled to 10 days’ sick leave per annum.

 

A weekly employee who has been employed for more than five years shall be entitled to 20 days’ sick leave per annum during the sixth and subsequent years of service.

 

New Employees (engaged after 27 October 2004)

 

14.2    A weekly employee who has been employed for less than five years shall be entitled to 10 days’ sick leave per annum.

 

A weekly employee who has been employed for more than five-years shall be entitled to 15 days’ sick leave per annum during the sixth and subsequent years of service.

 

14.3    Such sick leave shall be cumulative.

 

14.4    Part-time employees shall receive sick leave on a proportionate basis.

 

14.5    An employee shall not be entitled to sick leave where payments are being made to such employee under the Workers’ Compensation Insurance or pursuant to the Sickness and Accident Income Protection Plan as provided for in clause 17 of this Enterprise Award.

 

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

 

14.7    Where an employee is absent for more than one consecutive day, or more than five single days in a year, the employee may be required to provide the Trust with satisfactory evidence i.e., doctors certificate or statutory declaration, stating the nature of the illness and the duration of the absence

 

15.  Personal/Carers Leave

 

(a)       Use of Sick Leave

 

(i)        An employee, other than a casual employee, with responsibilities in relation to a class of person set out in subparagraph (2) of paragraph (iii), who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for in clause 14, Sick Leave, for absences to provide care and support, for such persons when they are ill. Such leave may be taken for part of a single day.

 

(ii)       The employee shall, if required, establish either by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another person. In normal circumstances, an employee must not take carer’s leave under this subclause where another person has taken leave to care for the same person.

 

(iii)     The entitlement to use sick leave in accordance with this subclause is subject to:

 

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

 

(2)       The person concerned being;

 

(A)      a spouse of the employee; or

 

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

 

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

 

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

 

(E)      a relative of the employee who is a member of the same household, where for the purposes of this subparagraph:

 

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

 

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

 

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

 

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

 

(b)       Unpaid Leave for Family Leave

 

(i)        An employee may elect, with the consent of the Enterprise, to take unpaid leave for the purpose of providing care and support to a member of a class of person set out in subparagraph (2) of paragraph (iii) of subclause (a) who is ill.

 

(c)       Annual Leave

 

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

 

(ii)       Access to annual leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of any shutdown period provided for elsewhere under this Enterprise Award.

 

(iii)     An employee and Enterprise may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

 

(d)       Time Off in Lieu of Payment of Overtime

 

See clause 11 of this Enterprise Award.

 

(e)       Make-up Time

 

An employee may elect, with the consent of the Enterprise, 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 Enterprise Award, at the ordinary rate of pay.

 

16.  Bereavement Leave

 

16.1    A full-time or part-time 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 paragraph 15(a)(iii)(2) of clause 15, Personal/Carers Leave).

 

16.2    Bereavement leave may be taken in conjunction with other leave available under subclauses 1, 2, 3, 4 and 5 of Clause 15, Personal/Carers Leave.

 

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 Enterprise.

 

17.  Income Protection Plan

 

All full-time, part-time and casual employees to whom this Enterprise Award applies shall be covered by the Sickness and Accident Income Protection Plan approved and endorsed by the Union.

 

It is a term of this Enterprise Award that the Enterprise will bear the costs of 1.27 per cent (inclusive of GST) of gross weekly pay per week per member, or $1.50 per week in the case of casual employees, towards providing protection under the endorsed plan.

 

18.  Induction/Training

 

18.1    All new employees of the Trust will attend an Induction course. The purpose of the Induction is to ensure each new employee is familiar with the Company’s operations, methods of work and to ensure that they are clearly instructed in and fully understand the Trust’s expectations of them in regard to Safety, Quality, Work Performance, Flexibility and Attitude.

 

18.2    The induction shall include information of the following:

 

Scope, purpose and general briefing on the Contract.

 

Familiarisation with, and adherence to, the terms of Employment continued within the Agreement governing each employee’s contract of employment.

 

Adherence to Legislative, Site and Enterprise safety standards and requirements.

 

Co-operative objectives regarding goals that the Trust has while carrying out the Contract.

 

Specific reference to the application of the Avoidance of Disputes - Grievance Procedure and Continuous Operations clauses.

 

Outline of House Rules, including disciplinary procedures.

 

19.  Consultative Committee

 

19.1    Composition of Consultative Committee

 

19.1.1 A Consultative Committee shall continue to assist management in the implementation of initiatives consistent with the intent of the Enterprise Award.

 

19.1.2 The Consultative Committee shall consist of two representatives of the workforce and two representatives of management, being the General Manager and the Head Supervisor who shall meet every second month.

 

19.2    Scope of Tasks of the Consultative Committee

 

19.2.1 The task to be undertaken by the Consultative Committee shall be broad and shall be in the best interests of the quality and task execution for the Enterprise, consistent with this Enterprise Award. The tasks to be undertaken shall include, but shall not necessarily be limited to the following:

 

Oversee the Training Program content and evaluation criteria to suit the requirements of the Trust for the maintenance servicing of the Trust’s assets.

 

Facilitate the resolution of difficulties and problems which may arise.

 

Contribute to the development of work rosters.

 

Create feasible work methods to enhance productivity and efficiency.

 

Develop concepts for productivity and efficiency improvements within the Enterprise.

 

Develop an open, participative and co-operative management approach.

 

Promote team-based work methods.

 

Assist with communication, participative and training programmes to bring about attitudinal and cultural change.

 

Ensure propagation of experience, knowledge and skills at all levels.

 

20.  Workplace Health and Safety

 

20.1    Scope

 

20.1.1 Consistent with the Trust’s obligations under the relevant Workplace Health and Safety legislation, employees may be required to attend a duly qualified medical practitioner for examination at the Trust’s expense prior to commencement of employment at the Trust.

 

20.1.2 Giving due consideration to each employee’s work scope. The Trust may require employees to be immunised against infectious diseases, where they are at risk.

 

20.1.3 The Trust shall comply with all the provisions of the Workplace Health and Safety legislation of NSW which includes the provision of personal protective equipment for employees when utilising hazardous chemicals or working with noxious materials or in such conditions.

 

20.2.   Workplace Health and Safety Committee

 

20.2.1 A Workplace Health and Safety Committee has been established pursuant to the relevant provisions of the Work Health and Safety Act 2011. This Committee shall endeavour to reach consensus on all aspects of the Trust’s Workplace Health and Safety Policy. The Workplace Health and Safety Committee shall be separate and distinct from the Consultative Committee and shall not deal with matters of an Industrial Relations nature.

 

21.  Labour Flexibility

 

Employees shall carry out such tasks as are reasonably incidental or peripheral to their work as directed by the Enterprise.

 

22.  Additional Functions

 

22.1    Employees may be required to assist tradespeople and perform other permanent functions associated with the maintenance and running of the Sydney Cricket Ground, the Sydney Football Stadium and any other facility under the care, management or control of the Trust.

 

22.2    Notwithstanding the provisions of 22.1, employees will be primarily engaged within their trade classification.

 

23.  Supplementary Staff

 

Supplementary staff may be used to perform the duties of placing and removing the covers, goal post pads, operating the sightscreens and other duties.

 

24.  Working in the Rain

 

All employees called upon to work in the rain shall be supplied, by the Enterprise, with protective clothing, free of charge.

 

25.  Acting Supervisor

 

An employee appointed by the Enterprise to undertake the role of Acting Supervisor on any event day or for a minimum of five consecutive shifts shall be paid an additional 15% of their ordinary rate of pay for all hours worked in that capacity.

 

26.  Change Rooms

 

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

 

27.  Tools

 

An employee shall apply due diligence towards the care of tools and equipment supplied by the Trust. An employee will as soon as possible report any lost or damaged tools on the appropriate report form.  Periodic checks will be made by stores personnel of the tools and equipment issued.

 

28.  Trust Uniform and Personal Identification

 

28.1.   Employee’s must always maintain a neat appearance consistent with operational requirements.

 

28.2.   Personal Identification

 

28.2.1 Due to the requirement to liaise with members of the public and visitors, all employees shall be issued with a personal identity card which shall include the employees name and photograph.

 

28.2.2 This card must be produced while on duty if required and must be returned to the Trust should the employee cease to be employed by the Trust for any reason.

 

29.  Job Representative

 

29.1    A job representative appointed by the employees shall be allowed the necessary time during working hours, to interview the Supervisor or officer in charge on matters affecting the employees whom he/she represents.

 

29.2    The Australian Workers’ Union job delegates shall be allowed up to five days paid leave per year to attend approved courses run by the Union.

 

30.  Wage Rates

 

30.1    This Enterprise Award provides the following increases to the full time hourly rate of pay:

 

2.5% on and from 1 October 2019

 

2.38% on and from 1 October 2020

 

2.04% on and from 1 October 2021

 

30.2    Full time and part-time employees employed in the classifications set out in Clause 4 shall be paid the appropriate rate of pay as set out in Column One of Table 1 of Part B.

 

30.3    Casual employees employed in the classifications set out in Clause 4 shall be paid the appropriate rate of pay as set out in Column One of Table 2 of Part B.

 

30.4    Apprentices employed in the classifications set out in Clause 4 shall be paid the appropriate rate of pay as set out in Column One of Table 3 of Part B.

 

31.  Payment of Wages

 

31.1    Wages shall be paid on a fixed day no later than the Thursday of each fortnight. Employees shall be paid during ordinary working hours by Electronic Funds Transfer to their nominated bank account.

 

31.2    Any employee who has to wait after ordinary ceasing time on pay day to receive their wages shall be rendered assistance until such wages are paid into the nominated bank account.

 

32.  Terms of Engagement

 

Full-time and part-time employees shall be engaged by the fortnight and their engagement shall be terminated by four week’s notice on either side given at any time during the fortnight or by the payment or forfeiture, as the case may be, of four week’s wages in lieu thereof: Provided that this shall not affect the right of the Enterprise to dismiss any employee without notice for misconduct or to deduct payment for time lost by any employee who fails to attend for duty without leave to absent him/herself for actual time of such non-attendance.

 

33.  Redundancy

 

(i)        Application

 

(a)       This clause shall apply in respect of full time and part time employees.

 

(b)       This clause shall only apply to the Enterprise if it employs 15 or more employees immediately prior to the termination of employment of employees

 

(c)       Notwithstanding anything contained elsewhere in this Enterprise Award, this clause shall not apply to employees with less than one year's continuous service and the general obligation on the Enterprise shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

 

(d)       Notwithstanding anything contained elsewhere in this Enterprise Award, this clause shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks or where employment is terminated due to the ordinary and customary turnover of labour.

 

(ii)      Introduction of Change

 

(a)       Where the Enterprise has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the Enterprise shall notify the employees who may be affected by the proposed changes and the union to which they belong.

 

(b)       'Significant effects' include termination of employment, major changes in the composition, operation or size of the Enterprise’s workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

 

Provided that where this Enterprise Award makes provision for alteration of any of the matters referred to herein, an alteration shall be deemed not to have significant effect.

 

(iii)     Enterprises Duty to Discuss Change

 

(a)       The Enterprise shall discuss with the employees affected and the union to which they belong, inter alia, the introduction of the changes referred to in subclause (ii) of this clause, 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.

 

(b)       The discussion shall commence as early as practicable after a definite decision has been made by the Enterprise to make the changes referred to in subclause (ii) of this clause.

 

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

 

(iv)     Discussions Before Terminations

 

(a)       Where the Enterprise has made a definite decision that the Enterprise no longer wishes the job the employee has been doing done by anyone pursuant to paragraph (a) of subclause (ii), of this clause and that decision may lead to the termination of employment, the Enterprise shall hold discussions with the employees directly affected and with the union to which they belong.

 

(b)       The discussions shall take place as soon as is practicable after the Enterprise has made a definite decision which will invoke the provision of paragraph (a) of this subclause and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination of the employees concerned.

 

(c)       For the purposes of the discussion the Enterprise shall, as soon as practicable, provide to the employees concerned and the union to which they belong, all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that the Enterprise shall not be required to disclose confidential information the disclosure of which would adversely affect the Enterprise.

 

(v)       Notice for Changes in Production, Program, Organisation Or Structure

 

This subclause sets out the notice provisions to be applied to terminations by the Enterprise for reasons arising from 'production', 'program', 'organisation' or 'structure' in accordance with paragraph (a) of subclause (ii) of this clause.

 

(a)       In order to terminate the employment of an employee the Enterprise shall give to the employee the following notice:

 

Period of Continuous Service

Period of Notice

Less than 1 year

1 week

1 year and less than 3 years

2 weeks

3 years and less than 5 years

3 weeks

5 years and over

4 weeks

 

(b)       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.

 

(c)       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.

 

(vi)     Notice for Technological Change

 

This subclause sets out the notice provisions to be applied to terminations by the Enterprise for reasons arising from 'technology' in accordance with paragraph (a) of subclause (ii) of this clause:

 

(a)       In order to terminate the employment of an employee the Enterprise shall give to the employee 3 months notice of termination.

 

(b)       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.

 

(c)       The period of notice required by this subclause to be given shall be deemed to be service with the Enterprise 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.

 

(vii)    Time Off During the Notice Period

 

(a)       During the period of notice of termination given by the Enterprise 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.

 

(b)       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 Enterprise, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

 

(viii)   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 Enterprise until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

 

(ix)     Statement of Employment

 

The Enterprise shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

 

(x)       Centrelink Separation Certificate

 

The Enterprise shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an 'Employment Separation Certificate' in the form required by Centrelink.

 

(xi)     Transfer to Lower Paid Duties

 

Where an employee is transferred to lower paid duties for reasons set out in paragraph (a) of subclause (ii), of this clause, 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 Enterprise may at the Enterprise'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.

 

(xii)    Severance Pay

 

Where the employment of an employee is to be terminated pursuant to subclause (v) of this clause, subject to further order of the Industrial Relations Commission, the Enterprise 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 Enterprise shall pay in accordance with the following scale:

 

Years of Service

Under 45 Years of Age Entitlement

Less than 1 year

Nil

1 year and less than 2 years

4 weeks

2 years and less than 3 years

7 weeks

3 years and less than 4 years

10 weeks

4 years and less than 5 years

12 weeks

5 years and less than 6 years

14 weeks

6 years and over

16 weeks

 

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

 

Years of Service

45 Years of Age &Over Entitlement

Less than 1 year

Nil

1 year and less than 2 years

5 weeks

2 years and less than 3 years

8.75 weeks

3 years and less than 4 years

12.5 weeks

4 years and less than 5 years

15 weeks

5 years and less than 6 years

17.5 weeks

6 years and over

20 weeks

 

Week’s 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 Enterprise Award/Certified Agreement payments, shift penalties and all purpose allowances paid in accordance with the Enterprise Award/Certified Agreement.

 

(xii)    Incapacity to Pay

 

Subject to an application by the Enterprise and further order of the Industrial Relations Commission, an Enterprise may pay a lesser amount (or no amount) of severance pay than that contained in subclause (xiii) of this clause.

 

The Industrial Relations Commission shall have regard to such financial and other resources of the Enterprise concerned as the Industrial Relations Commission thinks relevant, and the probable effect of paying the amount of severance pay in subclause (xiii) of this clause will have on the Enterprise.

 

(xiii)   Alternative Employment

 

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

 

(xiv)   Procedures Relating to Grievances

 

Grievances relating to individual employees will be dealt with in accordance with clause 36, Grievance and Disputes Procedure' of this Enterprise Award.

 

34.  No Extra Claims

 

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

 

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.

 

34.2    The agreed rates of pay and conditions comprehend all working conditions to be encountered in the performance of work. No additional special areas or allowances shall be applicable other than those specified by this Enterprise Award.

 

34.3    There shall be no further wage increases for the life of this Enterprise Award.

 

35.  Long Service Leave

 

See Long Service Leave Act 1955 (NSW)

 

36.  Grievance and Dispute Procedures

 

The procedure for the resolution of industrial disputation will as follows:

 

36.1    The aim of this procedure is to ensure that during the life of this Enterprise Award, industrial grievances or disputes are prevented or resolved as quickly as possible, at the lowest level possible in the workplace. When a dispute or grievance arises or is considered likely to occur, the following steps shall be followed:

 

36.1.1 The matter is discussed between the staff member(s) and the supervisor involved. If the matter is not resolved, then:

 

36.1.2 The employee may be required to provide in writing the substance of the grievance and state the remedy sought.

 

36.1.3 The matter is then discussed between the staff member(s), the supervisor and the manager. If the matter remains unresolved, then:

 

36.1.4 The matter is discussed between the staff member(s), the union delegate or staff member(s) representative and the supervisor and/or Manager. If the matter remains unresolved, then:

 

36.1.5 The matter is discussed between senior representatives of the organisation and the relevant union and/or staff member(s) representative.

 

36.2    Each of the following steps will be followed within a reasonable time frame, allowing sufficient time for discussions at each level of authority and having regard to the nature of the grievance or dispute.

 

36.3    If the matter remains unresolved, then, it may be referred by either party to the Industrial Relations Commission of New South Wales to exercise its functions under the Industrial Relations Act 1996. The parties agree to exhaust the conciliation process before considering this step.

 

36.4    At any stage of this procedure, the employer may be represented by an industrial organisation of employers and the employees may be represented by an industrial organisation of employees.

 

36.5    It is agreed that the parties will not deliberately frustrate or delay these procedures.

 

36.7    Normal work will continue without disruption while these procedures are followed.

 

37.  Declaration

 

The parties declare that this Enterprise Award:

 

37.1    Is not contrary to the public interest;

 

37.2    Was not entered into under duress;

 

37.3    Is not unfair, harsh or unconscionable;

 

37.4    Is in the interests of the parties.

 

38.  Provision of Training

 

38.1    The Trust shall pay all fees associated with the conduct of the training courses associated with the traineeship or training relationship or apprenticeship of a Grounds Person Grade D and will provide paid study leave to facilitate the successful completion of the training modules.

 

38.2    The Trust shall provide a Grounds Person Grade C where possible with one full day’s paid attendance at an approved course, each week, with flexibility being provided to accommodate the exam timetable. A Ground Person Grade C will be required to meet all costs associated with the agreed training courses.

 

38.3    The Trust will assist a Grounds Person Grade A to attend appropriate training courses through the provision of flexible rostering. A Grounds Person Grade A shall not be entitled to paid time to attend an appropriate training course (s) nor shall they be entitled to have their expenses associated with the training course paid for by the Trust.

 

38.4    The Trust will assist a Grounds Person Grade A with greater than 2 years of service to take extended leave which will be approved at the discretion of the Trust to attend international venues approved by the Trust for the purposes of employee development. A Grounds Person Grade A will, where possible use annual leave or long service leave entitlements where appropriate and can extend the leave period with unpaid leave for a maximum period of ten weeks.

 

Extended leave will only be approved during non-peak periods and when an adequate level of service within the Grounds department can be maintained with existing levels of staff.

 

Continuity of service will continue for the duration of unpaid leave providing this total amount of absence does not exceed 10 weeks.

 

Grounds employees shall not be entitled to have their expenses associated with the travel to similar venues paid for by the Trust.

 

39.  Commencement and Duration

 

This Enterprise Award shall commence from 1 October 2019 and shall remain in force for a nominal term of 3 years and rescinds and replaces the Sydney Cricket And Sports Ground Trust (Ground Staff) Enterprise Award 2016 published 16 December 2016 (381 I.G. 176), and all variations thereof.

 

40.  Jury Service

 

40.1    A full time employee required to attend for jury service during his/her ordinary working hours shall be reimbursed by the Trust an amount equal to the difference between the amount paid in respect of his/her attendance for such jury service and the amount of wage he/she would have been paid in respect of his/her attendance for such jury service and the amount of wage he/she would have received in respect of the ordinary time he/she would have worked had he/she not been on jury service.

 

40.2    An employee shall notify his/her employer as soon as practicable of the date upon which he/she is required to attend for jury service and shall provide his/her employer with proof of his/her attendance, the duration of such attendance, and the amount received in respect thereof.

 

41.  Superannuation

 

41.1    The subject of superannuation legislation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth), the Superannuation (Resolution of Complaints Act 1993 (Cth), and s124 of the Industrial Relations Act 1996. This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties.

 

42.  Anti-Discrimination

 

42.1    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 (NSW), to prevent and eliminate discrimination in the workplace on the grounds of race, sex, marital status, disability, homosexuality, transgender identify, age and responsibilities as a carer.

 

42.2    Accordingly, in fulfilling their obligations under the dispute resolution procedures, the parties must take all reasonable steps to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects.

 

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

 

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

 

43.4.1 any conduct or act which is specially exempted from anti-discrimination legislation;

 

43.4.2 offering or providing junior rates of pay to person under 21 years of age;

 

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

 

43.4.4 a party to this award from pursuing matters of unlawful discrimination in any state or federal jurisdiction.

 

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

 

NOTES:

 

(a)       Employers and employees may also be subject to Commonwealth Anti-Discrimination legislation

 

(b)       Section 56(d) of the Anti-Discrimination Act 1977 provides:

 

"Nothing in the act affects ... any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion"

 

PART B

 

Table 1 - Full Time and Part Time Employees

 

Hourly Rate of Pay ($)

Classification

From the first full pay period on or after

From the first full pay period on or after

From the first full pay period on or after

 

1 October 2019

1 October 2020

1 October 2021

 

2.5%

2.38%

2.04%

Grounds Person Grade A

$42.44

$43.45

$44.34

Grounds Person Grade B

$38.57

$39.49

$40.30

Grounds Person Grade C

$36.64

$37.51

$38.27

Grounds Mechanic

$47.86

$49.00

$50.00

 

Table 2 - Casual Employees

 

Hourly Rate of Pay ($)

Classification

From the first full pay period on or after

From the first full pay period on or after

From the first full pay period on or after

 

1 October 2019

1 October 2020

1 October 2021

 

2.5%

2.38%

2.04%

Grounds Person Grade A

$50.92

$52.13

$53.19

Grounds Person Grade B

$46.29

$47.39

$48.36

Grounds Person Grade C

$43.97

$45.02

$45.94

 

Table 3 - Apprentices

 

Hourly Rate of Pay ($)

Classification

From the first full pay period on or after

From the first full pay period on or after

From the first full pay period on or after

 

1 October 2019

1 October 2020

1 October 2021

 

@ 2.5%

@ 2.38%

@ 2.04%

1st year of apprenticeship

$19.28

$19.73

$20.13

2rd year of apprenticeship

$22.36

$22.89

$23.36

3rd year of apprenticeship

$26.41

$27.04

$27.59

4th year of apprenticeship

$30.08

$30.80

$31.43

 

 

 

P. M. KITE, Chief Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

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