Sydney Cricket and Sports Ground Trust Security
Enterprise Award 2019
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by United Voice, New South Wales Branch,
Industrial Organisation of Employees.
(Case Nos. 135623 and 305231 of 2019)
Before Chief Commissioner Constant
|
29 April 2020
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1 Arrangement
2 Title of
Enterprise Award
3 Parties to
this Enterprise Award
4 Definitions
5 Intention
6 Date and
Period of Operation
7 Parties
Bound
8 Duress
9 Ordinary
Hours
10 Rates of
Pay
11 Shift
Arrangements
12 Event Days
and Functions
13 Annual
Leave
14 Sick Leave
15 Personal/Carer’s
Leave
15A Parental
Leave
16 Bereavement
Leave
17 Jury
Service
18 Army
Reserve Leave
19 Public
Holidays
20 No Extra
Claims
21 Grievance
and Dispute Resolution Procedure
22 Area,
Incidence and Duration
23 Anti-Discrimination
24 Secure
Employment Provisions
25 First Aid
Certificates
26 Security
Licence
27 Uniforms
28 Tools of
the Trade
29 Meetings
and Training
30 Notice of
Termination
PART B
MONETARY RATES
Table 1
2. Title of Enterprise
Award
This enterprise award shall be known as the Sydney Cricket
and Sports Ground Trust Security Enterprise Award 2019.
3. Parties to This
Enterprise Award
3.1 The parties to
this enterprise award are:
3.1.1 the Sydney
Cricket and Sports Ground Trust;
3.1.2 the Security
Staff of the employer; and
3.1.3 United Voice.
4. Definitions
For the purpose of this Enterprise
Award the following definitions shall apply:
4.1 "Enterprise
Award" shall mean the Sydney Cricket & Sports Ground Trust Security
Enterprise Award 2019.
4.2 "Employee"
or "Employees" shall mean the Security Staff employed by the
Employer.
4.3 "Full-time
employee" shall mean a permanent employee working an average of
thirty-eight ordinary hours per week.
4.4 "Part-time"
employee shall mean a permanent employee working an average of less than
thirty-eight ordinary hours per week.
4.5 "Casual
Employee" shall mean an employee engaged and paid as such.
4.6 "Employer"
shall mean the Sydney Cricket & Sports Ground Trust (‘SCSGT’).
4.7 "Security
Officer Grade B" shall mean a person employed in one or more of the
following capacities:
(a) to watch, guard
and/or protect premises and/or property;
(b) as an employee
stationed at an entrance and/or exit whose principal duties shall include the control
and movement of persons, vehicles, goods and/or property coming out of or going
into premises or property, including vehicles carrying goods of any description
to ensure that the quantity and description of such goods is in accordance with
the requirements of the relevant documents and/or gate pass and who also may
have other duties to perform and shall include an area or door attendant or
commissionaire in a commercial building;
(d) lock up gates,
stands, buildings and patrol venues on foot or in vehicle;
(e) use and control
of security and emergency control systems;
(f) performs the
duties of securing, watching, guarding and/or protecting as directed, including
responses to alarm signals;
(g) monitors and
acts upon intelligent building management systems;
(h) acts as two-way
radio operator as required as part of control room duties;
(i) records
incidents utilising the computer and compiles other reports as needed;
(j) provided that a
Security Officer Grade B may be required to utilise keyboard skills in the
performance of their duties and may perform incidental duties.
4.8 "Security
Officer Grade A" shall mean a person who, whilst in charge of a shift of
one or more Security Officers carries out co-ordinating duties in addition to
the normal duties of a Security Officer Grade B.
4.9 "The
Act" shall mean the Industrial
Relations Act 1996 (NSW).
4.10 "Seven Day
Shift Worker" means an employee who is regularly rostered by their
employer to work ordinary hours on Saturdays and/or Sundays.
4.11 "WH&S"
shall mean Workplace Health & Safety.
4.12 "SCSGT"
is the trading name of the of the Sydney Cricket and Sports Ground Trust.
5. Intention
5.1 It is intended
that the Enterprise Award will provide a suitable basis for the parties to implement
at the organisation level appropriate arrangements to ensure that corporate
objectives are met.
5.2 The Enterprise
Award will help to facilitate the processes necessary to enhance the
productivity of the organisation and provide a better security service to the
organisation, the staff and the community.
5.3 The Enterprise
Award will provide employees with the ability to work a rotating roster which
provides for the equalisation of wages across the employees and better coverage
of shifts.
5.4 The Enterprise
Award will promote harmonious industrial relations at the SCSGT.
6. Date and Period of
Operation
6.1 This enterprise
award shall operate from the beginning of the first full pay period to commence
on or after 30 September 2019 and shall remain in force thereafter for a period
of thirty-six months.
6.2 The renewal of
this Enterprise Award has been made toward improved work practices and the more
flexible operation of hours of work as permanent staff. Any further renewal of this Enterprise Award
will be considered in the light of progress which may be made towards further
improving work practices and the flexibility of hours of work.
6.3 During the term
of this Enterprise Award the parties agree to confer on other productivity
improvements.
6.4 This award
rescinds and replaces the Sydney Cricket and Sports Ground Trust Security
Enterprise Award 2016 published 21 October 2016 (380 I.G. 1682), inclusive of
variations up to and including those taking effect from 30 September 2019.
7. Parties Bound
This Enterprise Award covers employees employed by the SCSGT
and its employees employed as security personnel, including gatekeepers,
security, surveillance including persons employed in control rooms to monitor,
respond to or act upon alarm systems excepting persons employed as typists,
stenographers, bookkeepers, switchboard operators or engaged in any clerical
capacity whatsoever.
8. Duress
The parties to this Enterprise Award declare that this
Enterprise Award was not entered into under duress by
any party to it.
9. Ordinary Hours
9.1 The ordinary
hours of work for Security Officers covered by this Enterprise Award shall be
an average of 38 per week. The ordinary hours shall be worked on any day Monday
through Sunday.
9.2 It is agreed
between the parties to this Enterprise Award that the ordinary hours of work
will encompass shifts at both the Sydney Cricket Ground, the Sydney Football
Stadium and other venues as directed.
9.3 The ordinary
hours of work shall be rostered in one of the following ways:
(a) shifts of no
more than 9.5 ordinary hours and no more than 16 ordinary shifts per 28 day cycle; or
(b) shifts of no
more than 8 ordinary hours in length.
10. Rates of Pay
10.1 A Security
Officer Grade A shall be paid the rate as set out in Item 1 of Table 1 of Part
B of this award for all work performed during ordinary hours.
10.2 A Security
Officer Grade A shall be paid the rate as set out in Item 2 of Table 1 of Part
B of this award for all work performed in excess of
ordinary hours.
10.3 A Security
Officer Grade B shall be paid the rate as set out in Item 3 of Table 1 of Part
B of this award for all work performed during ordinary hours.
10.4 A Security
Officer Grade B shall be paid the rate as set out in Item 4 of Table 1 of Part
B of this award for all work performed in excess of
ordinary hours.
10.5 A casual Security
Officer Grade B shall be paid the rate as set out in Item 5 of Table 1 of Part
B of this award for all worked performed during ordinary hours.
10.6 A Security Officer
required to work a shift in excess of twelve hours
will be provided with a meal voucher redeemable at the place of employment or
where this is not practical be paid a meal allowance in accordance with the
following table, provided that no meal allowance will be payable where a shift
handover time of 15 minutes is rostered.
Meal Allowance to be paid from the
first
|
Meal Allowance to be paid from the
first
|
Meal Allowance to be paid from the first
|
full pay period commencing on or at
|
full pay period commencing on or at
|
full pay period commencing on or at
|
30 September 2019
|
30 September 2020
|
30 September 2021
|
(2.5%)
|
(2.38%)
|
(2.04%)
|
|
|
|
$18.19
|
$18.62
|
$19.00
|
10.7 The rate of pay
referred to in Clauses 10.5 is inclusive of all penalty rates, shift allowances,
overtime penalties, annual leave and meal allowances.
10.8 The SCSGT
reserves the right to engage additional Security Officers to meet operational
requirements.
10.9 Excluding
casuals, all time worked on a public holiday will be paid at 150% of the
ordinary rate.
11. Shift Arrangements
11.1 All Officers will
be required to perform shifts as outlined in a roster developed by the employer
which may vary from time to time.
11.2 Except in the
case of emergency or by mutual agreement, the employer
will provide seven days’ notice to permanent employees of a change to their
roster.
11.3 Major changes to
regular rosters are to subject to consultation with the affected employees.
11.4 The employer may
implement a 12 hour shift roster which requires Security
Officers to perform 9.5 ordinary hours and a minimum of 2.5 overtime hours per
shift.
11.5 A minimum 8 hours
break will be provided between shifts (including overtime). The employee will
be released until they have had at least 8 consecutive hours off duty without
loss of pay for ordinary rostered hours occurring during such absence.
11.6 If, on
instruction of the employer, the employee resumes work without having 8
consecutive hours off duty, the employee will be paid an amount equivalent to
overtime rates in lieu of all other penalties until an 8 hour
break is provided.
11.7 When rostering
overtime, WH&S and staff welling must be considered.
12. Event Days and
Functions
12.1 Employees covered
by this Enterprise Award will be offered, where available, extra shifts on
event days and functions as an Event Day Security officer, provided they are
not rostered to work the shifts outlined in Clause 9.
12.2 Where an employee
elects to work a second job as a an Event Day Security
officer in accordance with this clause he/she shall be paid under the Sydney
Cricket and Sports Ground Trust (Event Day Employees) Award 2017 or any
agreement that subsequently rescinds or replaces the aforementioned
agreement.
12.3 An employee is
not obliged to accept any extra shifts offered by the employer pursuant to this
clause. An employee has an obligation to ensure that any proposed Event Day
Security shift does not conflict with their commitments as a full-time Security
Officer under this award.
13. Annual Leave
13.1 An employee shall
be entitled to four weeks annual leave in accordance with the Annual Holidays Act 1944.
13.2 Additional Leave
for Seven-Day Shift Workers
In addition to an annual holiday of four weeks provided
by section 3 of the Annual Holidays Act
1944 (New South Wales), a seven-day shift worker at the end of each year of
employment is entitled to the additional leave as prescribed below:
13.2.1 If during the year
of employment the employee has served continuously as
a seven-day shift worker, the additional leave with respect to that year is one
week.
13.2.2 If during the year
of employment the employee has served only a portion
of it as a seven-day shift worker, the additional leave is 3 1/4 hours for each
completed month of employment as a seven-day shift worker. Where the additional
leave is or comprises a fraction of a day such fraction does not form part of
the leave period and any such fraction must be discharged by payment only.
13.2.3 Where the
employment of a seven-day shift worker is terminated and there is thereby an
entitlement due under section 4 of the Annual
Holidays Act 1944 (New South Wales), to payment in lieu of an annual
holiday with respect to a period of employment such employee is also entitled
to an additional payment of 3 1/4 hour's pay for each completed month of
service as a seven-day shift worker.
13.3 Upon becoming
entitled to such annual leave an employee shall be entitled to be paid an
annual leave loading of 17½% of the employees ordinary
earnings which shall be paid each time the employee takes annual leave.
14. Sick Leave
14.1 Employees shall
be entitled to up to 10 days sick leave without loss of pay in their first year
of service with the employer. Employees
shall be entitled to 10 days sick leave in their second and subsequent years of
service with the employer.
14.2 An employee who
is unable to attend for duty during ordinary working hours by reason of
personal illness or incapacity not due to the employee’s own serious and wilful
misconduct, shall be entitled to take their sick leave subject to the following
conditions:
14.2.1 the employee shall
not be entitled to paid leave of absence for any period in respect of which
there is entitlement to payment under the Workplace
Injury Management and Workers
Compensation Act 2000 (New South Wales).
14.2.2 the employee
shall, as soon as possible, and in any event prior to the commencement of
shift, inform the employer of such employee’s inability to attend for duty and
as far as possible, state the nature of the injury of illness and the estimated
duration of absence.
14.2.3 where an employee
does not notify the employer of the employee’s inability to attend for duty
prior to the commencement of the shift the employee shall not be entitled to
payment for the first shift of such absence, provided however, in cases of
accident or incapacity to notify, to receive payment for the above the employee
shall provide reasonable proof that he/she was unable to notify the employer on
account of such accident or incapacity.
14.2.4 the employee shall
furnish to the employer such evidence as the employer may desire that the
employee was unable by reason of such illness or injury to attend for duty on
the day or days for which sick leave is claimed. Provided that a Statutory Declaration shall
be accepted in respect of any single day absences, but not more than two such
declarations in any one year. Provided
further, that where such single day absence occurs before or after a public
holiday or rostered day off a medical certificate shall be supplied.
15. Personal/Carer’s
Leave
15.1 Use of Sick Leave
15.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in 15.1.3.2 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 at clause 14, Sick Leave of the award, 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.
15.1.2 The employee
shall, if required,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(2) 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.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
15.1.3 The entitlement to
use sick leave in accordance with this subclause is subject to:
15.1.3.1 the
employee being responsible for the care of the person concerned; and
15.1.3.2 the
person concerned being either:
15.1.3.2.1 a spouse
of the employee; or
15.1.3.2.2 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
15.1.3.2.3 a child
or an adult child (including an adopted child, a step child, a foster child or
an ex nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
15.1.3.2.4 a same
sex partner who lives with the employee as the de factor partner of that
employee on a bona fide domestic basis; or
15.1.3.2.5 a
relative of the employee who is a member of the same household, where for the
purposes of this clause:
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 relative of the other; and
3. "household"
means a family group living in the same domestic dwelling.
15.1.3.3 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 that person’s relationship to the employee, the reasons for taking such
leave and the estimated length of absence.
If it is not practicable for the employee to give prior notice of
absence, the employee shall notify the employer by telephone of such absence at
the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 22, Grievance and Dispute Resolution Procedure,
should be followed.
15.2 Unpaid Leave for
Family Purpose
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 15.1.3.2 above who
is ill or who requires care due to an unexpected emergency.
15.3 Annual Leave
15.3.1 An employee may
elect, with the consent of the employer 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.
15.3.2 An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least 5 consecutive annual leave days are taken.
15.3.3 An employee may
elect with the employer's agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
15.4 Make-Up Time
15.4.1 An employee may
elect, with the consent of their 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 this award, at the ordinary rate of pay.
15.4.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours at a later time), at the shift work rate which would have
been applicable to the hours taken off.
15.5 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 15.1.2 and 15.1.3.3 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 15.1.3.2 of this clause who are sick
and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(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.
(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.
15A. Parental Leave
(1) Refer to 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).
(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.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to
extend the period of simultaneous unpaid parental leave use up to a maximum of
eight weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) 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.
(b) 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.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under subclause 3(a)(ii) and subclause 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
subclause 3(a)(iii), 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.
(4) Communication
during parental leave
(a) 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:
(i) 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
(ii) 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.
(b) 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.
(c) 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 paragraph (a).
16. Bereavement Leave
16.1 An employee
shall, on the death within Australia of a member of the employee’s family or
household (as defined in paragraph 15.1.3.2 of clause 15, Family Leave), be
entitled to leave including the day of the funeral of such relation. Such leave, for a period not exceeding two
days in respect of any such death, shall be without loss of any ordinary pay
which the employee would have received if the employee had not been on such
leave. An employee whose relative, as
defined, dies outside Australia shall be entitled to leave of one day without
loss of any ordinary pay, provided that such leave shall be extended to two
days where the employee travels overseas to attend the funeral.
16.2 The rights to
such paid leave shall be dependent on compliance with the following conditions:
16.2.1 satisfactory
evidence of such death shall be furnished by the employee to the employer; and
16.2.2 the employee shall
not be entitled to leave under this clause in respect of any period which
coincides with any other entitlements under this award or otherwise.
16.3 Bereavement leave
may be taken in conjunction with other leave available under subclauses 15.1,
15.2, 15.3 and 15.4 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 employer.
16.4 Bereavement
entitlements for casual employees
16.4.1 Subject to the
evidentiary and notice requirements in 16.2.1 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 15.1.3.2 of clause 15, Personal/Carer's
Leave.
16.4.2 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.
16.4.3 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.
17. Jury Service
17.1 An employee shall
be allowed leave of absence during any period when required to attend for jury
service, provided that such leave shall be limited to a maximum of two weeks in
any period of jury service.
17.2 During such leave
of absence, an employee shall be paid the difference between the jury service
fees received and the normal rate of pay as if working.
17.3 An employee shall
be required to produce to the employer proof of jury service fees received and
proof of requirement to attend and attendance on jury service and shall give
the employer notice of such requirement as soon as practicable after receiving
notification to attend for jury service.
18. Army Reserve Leave
18.1 Upon request and
subject to the employer’s ability to grant leave, an employee shall be allowed
leave of absence to attend official army reserve activities.
18.2 Subject to
subclause 18.3, such leave of absence shall be without pay.
18.3 In the event that
the employer is entitled to claim a payment under the Australian Defence Force
Employer Support Payment (ESP) Scheme, an employee may be granted paid army
reserve leave to attend official army reserve activities, which will be paid at
the rate of:
18.3.1 $1,604.90 per week
(or such other amount as is provided to the employer under the ESP Scheme); or
18.3.2 the employee’s
ordinary rate of pay
whichever is the lesser.
18.4 An employee is
not entitled to receive paid army reserve leave if he or she is receiving other
paid leave such as annual leave or long service leave to attend army reserve
activities.
19. Public Holidays
19.1 The following
days shall be observed as public holidays:
New Year’s Day, Australia Day, Good Friday, Easter
Saturday, Easter Sunday, Easter Monday, Anzac Day, Queens Birthday, Labour Day,
Christmas Day, Boxing Day, Tuesday following Easter Monday, and any proclaimed
day in lieu thereof for the state.
19.2 An extra holiday
in lieu of the Tuesday following Easter Monday may be substituted by another
day in the calendar year, where mutual agreement has
been reached between the employer and the employee.
19.3 All employees may
be directed to work on public holidays as part of their rostered shift.
Employees other than casuals, will be paid at the rate of 150% of the ordinary
rate of pay.
19.4 Days in lieu of
working public holidays will not be provided.
20. No Extra Claims
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.
21. Grievance and
Disputes Resolution Procedure
21.1 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:
21.1.1 The matter is
discussed between the staff member(s) and the supervisor involved. If the
matter is not resolved, then:
21.1.2 The initiator of
the dispute may be required to provide in writing the substance of the
grievance and state the remedy sought.
21.1.3 The matter is then
discussed in a timely way between staff member(s), the supervisor and the
manager. If the matter remains unresolved, then:
21.1.4 The matter is
discussed between senior representatives of the organisation and the relevant
union and/or staff member(s) representative.
21.2 Each of the steps
will be followed within a reasonable time frame, allowing sufficient
time for discussions at each level of authority and having regard to the nature
of the grievance or dispute.
21.3 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 commencing the Arbitration process.
21.4 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.
21.5 It is agreed that
the parties will not deliberately frustrate or delay these procedures.
21.6 Normal work
will continue without disruption while these procedures are followed.
22. Area Incidence and
Duration
22.1 This Enterprise
Award rescinds and replaces the Sydney Cricket and Sports Ground Trust Security
Enterprise Award 2016 published 21 October 2016 (380 I.G. 1682) as varied.
22.2 The purpose of
this Enterprise Award is to partially regulate the terms and conditions of
employment of Security Staff at the Sydney Cricket Ground, the Sydney Football
Stadium and any other sites that the employer may manage.
22.3 This Enterprise
Award is to read in conjunction with the Security Industry (State) Award and
variations thereof. Where there is an
inconsistency between the two awards, this award shall apply.
22.4 This award shall
operate from the beginning of the first pay period to commence on or after 30
September 2019 and shall remain in force for a period of thirty-six months.
23.
Anti-Discrimination
23.1 It is the
intention of the parties bound by this award to seek to achieve the object of
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 or domestic status, disability, homosexuality,
transgender identity, age, and responsibilities as a carer.
23.2 Accordingly, in
fulfilling their obligations under the dispute resolution procedure, 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.
23.3 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.
23.4 Nothing in this
clause is to be taken to affect:
23.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation,
23.4.2 offering or
providing junior rates of pay to persons under 21 years of age,
23.4.3 any act or
practice of body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977 (NSW),
23.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
23.5 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."
24. Secure Employment
Provisions
24.1 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.
24.2 Casual Conversion
(i) 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 nine 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 subclause.
(ii) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of nine months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under subclause 24.2(i),
upon receiving notice under subclause 24.2(ii) 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.
(iv) 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.
(v) 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.
(vi) 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 24.2(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph 24.2(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) 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.
(vii) Following an
agreement being reached pursuant to subclause 24.2(vi), 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.
(viii) An employee must
not be engaged and re-engaged, dismissed or replaced in order
to avoid any obligation under this subclause.
24.3 Workplace Health
and Safety
(i) For
the purposes of this subclause, the following definitions shall apply:
(1) 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.
(2) 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.
(ii) 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):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace
health and safety consultative arrangements;
(2) 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;
(3) 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
(4) 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.
(iii) Nothing in this
subclause (c) 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.
24.4 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
dispute settlement procedure of this award.
24.5 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.
25. First Aid
Certificates
25.1 The employer will
provide relevant first aid training on an as required/a time to time basis for
the provision of first aid certificates.
25.2 A first aid
certificate will be provided to the employee upon successful completion of the
relevant first aid training.
25.3 Where the
employer doesn’t provide in-house training as clause 25.1 stipulates, and the
employee needs to undertake first aid training with a Registered Training
Organisation the employer will reimburse the employee the cost of the training,
subject to prior approval before attending the training and upon providing
evidence of relevant fees paid.
26. Security Licence
26.1 It is a condition
of employment that employees hold and maintain a valid security licence.
26.2 The SCSGT shall
pay to employees a gross amount equivalent to the fee payable by an employee
upon application for the renewal of licence under the Security Industry Act 1997 (NSW), subject to the satisfaction of
the following conditions:
(a) The employee is
employed by the SCSGT as at the date of renewal;
(b) The employee
obtains the renewal of his/her security licence; and
(c) The employee
provides evidence to the SCSGT of the payment of the relevant fee, as required
by the SCSGT.
27. Uniforms
27.1 Employees shall
be provided with four shirts, two pairs of pants and one pair of boots on
commencement of employment and thereafter annually.
27.2 Uniform items no
longer serviceable due to fair wear and tear will be, where necessary replaced
subject to an aggregate maximum of eight shirts, four pairs of pants and two
pairs of shoes per annum.
28. Tools of the Trade
28.1 Employees will be
issued with relevant tools of the trade for their safety and operational
requirements which may include, but is not limited to load bearing vests,
handcuffs, batons, leather-man, torch, body worn video, IFAK medical kit,
protective gloves, and protective eyewear.
29. Meetings and
Training
29.1 Wherever
possible, meetings and training should be scheduled during rostered hours set
out in clause 9.1 and are considered standard business.
29.2 Any training
undertaken outside of the employee’s rostered hours will be scheduled as
overtime and be paid as such.
30. Notice of Termination
30.1 The SCSGT may
terminate the employment of a full-time or part time employee by providing the
employee with four (4) weeks’ notice of termination or payment in lieu of
notice. This shall not affect the right of the employer to dismiss an employee
without notice in the case of an employee guilty of serious misconduct.
30.2 The notice of
termination required to be given by a full-time or part-time employee on
resignation is the same as that required of the SCSGT. A lesser period of
notice may be negotiated by mutual agreement.
PART B
MONETARY RATES
Table 1
Item
No.
|
New
rate per hour from first full
|
New
rate per hour from first full
|
New
rate per hour from first full
|
|
pay
period to commence on or after
|
pay
period to commence on or after
|
pay
period to commence on or after
|
|
30
September 2019 (2.5%)
|
30
September 2020 (2.38%)
|
30
September 2021 (2.04%)
|
1
|
$31.45
|
$32.20
|
$32.85
|
2
|
$47.17
|
$48.29
|
$49.28
|
3
|
$28.83
|
$29.52
|
$30.12
|
4
|
$43.24
|
$44.27
|
$45.18
|
5
|
$33.88
|
$34.68
|
$35.39
|
N. CONSTANT, Chief Commissioner
____________________
Printed by
the authority of the Industrial Registrar.