Venues NSW (SCG & SFS Event Day Employees)
Award 2021
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Venues NSW.
(Case No. 35533 of 2021)
|
Before Chief Commissioner Constant
|
18 February 2021
|
AWARD
PART A - CONDITIONS
1. Arrangement
PART A - CONDITIONS
Clause No. Subject
Matter
1. Arrangement
2. Title
3. Parties
Bound by this Award
4. Operation
and Duration of this Award
5. Intention
6. Classifications
and Rates of Pay
7. Superannuation
8. Payment
of Wages
9. Consecutive
Employment Terms
10. Minimum
Engagement
11. Shift
Cancellation
12. Meal Breaks
13. Meal
Discount
14. Uniforms
15. Overtime
16. Public
Holidays
17. Long
Service Leave
18 Transport,
Security and Related Matters
19. Employee
Consultation
20. Provision
and Use of Staff Seating
21. Implementation
of the Non-Smoking Policy
22. Anti-Discrimination
23. Grievance
and Dispute Procedures
24. No Extra
Claims
25. Award
Observance
26. Commitment
to Further Negotiations
27. Signing of Award
PART B - RATES OF PAY
Monday to Sunday Flat Rate
Non Event Attendance Rate
Uniform Allowance
2. Title
This award will be known as the Venues NSW (SCG & SFS
Event Day Employees) Award 2021 ("this award").
3. Parties Bound by
this Award
(a) This award is
binding upon:
1. Venues NSW
("the employer"); and
2. The Media
Entertainment and Arts Alliance ("MEAA"), its officers and members
("the Union") in respect of all employees (whether members of the MEAA
or not) engaged by the session or by the hour for work done in connection with
the staging of a fixture being conducted by the employer (including an employee
who is also engaged by the employer to perform work in a different position
under a separate contract or weekly hiring) at the Sydney Cricket Ground or the
Sydney Football Stadium.
(b) This award
shall not apply to an honorary official i.e. any person who is either a member
of the employer or who has previously acted in an honorary capacity in performing
functions for which wage rates are prescribed by this award.
4. Operation and
Duration of This Award
(a) This award
shall replace the Sydney Cricket and Sports Ground Trust (Event Day Employees)
Award 2017 published 6 April 2018 (382 I.G. 1200) (an award of the New South
Wales Industrial Relations Commission).
(b) This award
shall operate on and from the first full pay period on or after the date of
approval of the Award and shall remain in force for as nominal term of 12
months.
5. Intention
(a) The principal
intentions of this award are:
1. To promote
harmonious industrial relations for Venues NSW; and
2. To maximise
standards of Customer experience to the public and members, measured against
those applying in the leisure and recreation industry nationally and
internationally.
6. Classifications and
Rates of Pay
(a) Employees
employed under this award to work at day time, twilight and evening fixtures
shall receive the appropriate hourly rate for the applicable classification as
contained in Part B of this award from the first full pay period on or after 24
October 2020.
(b) The hourly
rates set out in Part B of this award incorporate an increase for all event day
work undertaken of 0.3% from the first full pay period on or after 24 October
2020.
(c) Employees
employed under this award shall be paid the non-event attendance rate as
contained in Part B of this award from the first full pay period on or after 24
October 2020.
(d) The rates of pay
set out in Part B - Rates of pay of this Award contain hourly rates of pay
loaded to compensate employees covered by this Award for working ordinary hours
Monday to Sunday, at daytime, twilight and evening fixtures and a separate
hourly rate for working public holidays and overtime.
7. Superannuation
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.
8. Payment of Wages
8.1. Period of Payment
(a) Wages will be paid in arrears and on a
weekly basis, based on working hours performed in the period Monday to Sunday
(b) Wages will be paid no later than the
Thursday following the end of the previous pay period, unless the employer and
the majority of employees agree to later payment.
8.2 Method of payment
Payment
of wages will be made via electronic funds transfer into an account nominated
by the employee with a bank, building society or credit union.
9. Consecutive
Employment Terms
All employees are required to make themselves
available, accept a shift and perform work for a minimum of one shift over a
two month period from the cessation of their last engagement. Any employee who
does not satisfy these criteria may be required to re-apply for their position
before being eligible for further engagements.
Prior to terminating the employment relationship the
employer will attempt to contact any employee who has not satisfied this criteria. The employer may, in exceptional
circumstances and at its sole discretion, waive the requirement for employees
to re-apply where they are absent for a period of two months or more.
10. Minimum Engagement
The minimum engagement for all employees under this award
shall be four (4) hours to be worked consecutively, with the exception of
non-match day staff meetings and training sessions which shall be two (2)
hours.
11. Shift Cancellation
When an engagement is cancelled by the employer and the cancellation
of that engagement is made prior to the four hours before the commencement of
the engagement, the employee shall not be entitled to any remuneration for that
day. When a cancellation of the engagement takes place by the employer within
four hours of the engagement and prior to the normal starting time, an employee
will be paid the minimum engagement as contained in clause 10 of the Award.
12. Meal Breaks
All employees rostered for more than four hours will receive
a minimum of one paid 20 minute break. These breaks will be coordinated by team
leaders and/or supervisors.
13. Meal Discount
Upon
presentation of the staff identification card, employees rostered to work on
match days will receive a 20 per cent discount off the normal purchase price
for food and beverage (excluding alcoholic beverages) purchased from any
on-site food and beverage outlet managed by our on-site catering service
provider. This discount does not apply to any third party catering or franchise
arrangements.
14. Uniforms
(a) The employer
will provide a uniform to staff where applicable.
1. Uniforms will
consist of any SCG or SFS apparel issued to staff during the course of their
employment including but not limited to; trousers, skirts, shirts, jackets,
vests, jumpers, ties, scarves, hats, armbands, wet weather jackets and name
badges.
(b) Where uniforms
are issued to staff other than on a daily basis;
1. All new
Employees who commenced after 1 October 2009 will be required to pay a $100.00
uniform bond on commencement of employment which shall be refunded when the
uniform is returned in good condition, fair wear and tear accepted.
2. The bond will
be paid via payroll deduction and can be made as one deduction of $100.00 or
instalments of $20.00 per deduction per pay over five pay periods.
3. The Employee
shall be responsible for the laundering of the uniforms. A laundry allowance of
$1.00 per shift shall be paid into the Employee’s nominated bank account.
4. Uniforms shall
remain the property of the Employer and shall be returned to the Employer on
the termination of an Employee’s employment in accordance with cl.14(b)5
5. All uniforms
issued to an employee are to be returned within one (1) month of the Employee’s
termination. Terminated Employees who do not return their full uniform issue
within one (1) month of termination will forfeit their deposit.
15. Overtime
(a) Overtime shall
be payable to an employee for all time worked:
1. In excess of
ten (10) hours per engagement on a particular event; or
2. In a day
generally observed as a public holiday.
(b) Overtime shall
be paid for at the rate of time and a half.
(c) Overtime rates
shall not apply for any attendance at non-event related meetings or training.
16. Public Holidays
Public Holidays shall be paid for at the rate of time and a
half.
The days on which New Year’s Day, Australia Day, Good
Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen’s
Birthday, Labour Day, Christmas Day, Boxing Day or any proclaimed day in lieu
thereof for the State of New South Wales shall be holidays.
17. Long Service Leave
(a) Subject to
clause 17(b) below, Long Service Leave entitlement will be governed by the Long Service Leave Act 1955 (NSW).
(b) The parties to
this award acknowledge that prior 30 September 2008, employees employed by the
Sydney Cricket and Sports Ground Trust as match day employees (or event day
employees) received an hourly rate of pay which was loaded to compensate for
entitlements arising from legislation applying in the State of NSW in relation
to long service leave.
18. Transport,
Security and Related Matters
(a) The employer
shall upon request of an individual employee provide a security escort from the
ground to the closest public transport late at night, where the employer is
able to provide it within a reasonable period of time.
(b) The employer
will provide parking to employees on a discretionary basis subject to
availability.
19. Employee Consultation
(a) The Event Day
Staff Operations Committee (EDSOC) will meet during the life of this award to
identify and discuss matters relating to the operation of the Award and other
workplace matters, which affect employees generally, but which are not explicitly
covered by this Award, such as staff facilities, uniforms, training and other
like workplace matters.
(b) The EDSOC will
be made up of management and employee nominated representatives. Wherever possible, all areas of event day
operations should be represented. The union may nominate up to two employee
representatives to participate as members of EDSOC. Prior to an EDSOC meeting employee
representatives will be allowed up to 1 hour pre-meeting time to canvass
matters and consolidate views on the EDSOC agenda. Employee representatives
will participate in the EDSOC without loss of pay.
(c) The EDSOC will
meet as required, at a time suitable to both the employer and employees and at
the request of either party, but not less than quarterly.
(d) The employer
acknowledges employee representatives have a role in gathering and
disseminating information to colleagues during work hours provided it does not
disrupt service to the public and members.
(e) The operation
of the EDSOC in accordance with this clause does not override the dispute
settling procedure as contained in clause 23 of this award.
20. Provision and Use
of Staff Seating
Where practicable, seating shall be provided to employees
where prolonged periods of standing would otherwise be required. The use of
such seating shall be subject to customer service requirements and guidelines
as reasonably determined by the employer, having regard to its Workplace Health
and Safety obligations.
21. Implementation of
the Non-Smoking Policy
All employees shall have access to and shall abide by and
follow the procedures of the non-smoking policy developed by the employer in
relation to patrons smoking in and around the employer venues.
22.
Anti-Discrimination
(a) It is the
intention of the employer to seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent
and eliminate discrimination in the workplace. This includes discrimination on
the grounds of race, sex, marital status, disability, homosexuality,
transgender identify, age and responsibilities as a carer.
(b) It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable steps
to ensure that the operation of the provisions of this award are not directly
or indirectly discriminatory in their effects. It will be consistent with the
fulfilment of these obligations for the parties to make application to vary any
provision of the award which, by its terms or operation, has a direct or
indirect discriminatory effect.
(c) Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
(d) Nothing in this
clause is to be taken to affect:
1. any conduct or act which is specifically exempted from
anti-discrimination legislation;
2. any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
3. a party to this award from pursuing matters of unlawful
discrimination in any State or Federal jurisdiction.
(e) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by legislation referred to in this clause.
23. Grievance and
Dispute Procedures
23.1 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:
(a) The matter is
discussed between the staff member(s) and the supervisor involved. If the
matter is not resolved, then:
(b) The employee
may be required to provide in writing the substance of the grievance and state
the remedy sought.
(c) The matter is
then discussed between the staff member(s), the supervisor and the manager. If
the matter remains unresolved, then:
(d) 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:
(e) The matter is
discussed between senior representatives of the organisation and the relevant
union and/or staff member(s) representative.
(f) 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.
(g) 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.
(h) 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.
(i) It
is agreed that the parties will not deliberately frustrate or delay these
procedures.
(j) Normal work
will continue without disruption while these procedures are followed.
24. No Extra Claims
24.1 Subject to clause
24.2, 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.
24.2 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing Award
provisions.
25. Award Observance
For the purpose of ensuring the observance of this award,
the employer will:
(a) subject to
prior consultation with the employer, provide that representatives of the MEAA
will have reasonable access to all places of work for the purposes of
interviewing and holding meetings with their members in non-work time; and
(b) ensure that a copy of this award and matters relating to
this award be posted on a notice board in a centrally located position.
26. Commitment to
Further Negotiations
The parties to this award agree to commence discussions for
a new award nine months prior to the expiration of the nominal term of this
award.
27. Signing of Award
In recognition of their acceptance of the terms and
conditions of this award the parties have signed below as indicated.
PART B - RATES OF PAY
|
|
Current Rates
|
Rates
from the FFPP on or after 24 October 2020
|
|
|
Ordinary
flat rate
|
Overtime
and Public Holiday
|
Ordinary
flat rate
|
Overtime
and Public Holiday
|
|
|
|
|
0.3%
|
|
|
|
$
|
$
|
$
|
$
|
|
POSITION
|
|
|
|
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Customer Service Positions
|
|
|
|
|
|
Usher/Attendant
|
31.59
|
47.38
|
31.68
|
47.52
|
|
Pressure point
|
33.21
|
49.82
|
33.31
|
49.97
|
|
Team Leader
|
35.87
|
53.81
|
35.98
|
53.97
|
|
Supervisor
|
40.20
|
60.30
|
40.32
|
60.48
|
|
-
Staff Entry
|
|
|
|
|
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Crowd Safety Positions
|
|
|
|
|
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Crowd Safety Officers
|
38.00
|
57.01
|
38.11
|
57.17
|
|
Crowd Safety Supervisor
|
42.58
|
63.87
|
42.71
|
64.07
|
|
-
Event Communications
|
|
|
|
|
|
-
Process Room
|
|
|
|
|
|
-
Report Writer
|
|
|
|
|
|
Control 1 & 2/Base
|
45.74
|
68.62
|
45.88
|
68.82
|
|
Non-Event
Attendance Rate
|
26.39
|
26.39
|
26.47
|
26.47
|
|
ALLOWANCES
|
|
|
|
|
|
Uniform Allowance (per shift)
|
1.00
|
1.00
|
1.00
|
1.00
|
N. CONSTANT, Chief Commissioner
____________________
Printed by the authority of the Industrial Registrar.