Crown Employees (Department of Planning, Industry and Environment) Sydney Olympic Park Authority Managed Sports Venues Award 2021

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Department of Planning, Industry and Environment.

 

(Case No. 194117 of 2021)

 

 

VARIATION

 

1.        Delete the title of the award published 27 August 2021 (390 I.G. 78), and insert in lieu thereof the following:

 

Crown Employees (Department of Planning, Industry and Environment) Sydney Olympic Park Authority Managed Sports Venues Award 2021

 

2.        Delete clause 1, title, and inset in lieu thereof the following:

 

1.  Title

 

This Award shall be known as the Crown Employees (Department of Planning, Industry and Environment) Sydney Olympic Park Authority Managed Sports Venues Award 2021.

 

3.        Delete clause 33, Anti-Discrimination and clause 34, Area, Incidence and Duration, and insert in lieu thereof the following:

 

33.  No Extra Claims

 

33.1    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.  Anti-Discrimination

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

35.  Area, Incidence and Duration

 

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

 

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

 

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

 

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

 

(d)      of the Government of NSW employed in the Public Service under Division 1, Part 4 of the Government Sector Employment Act 2013 in the Sydney Olympic Park Authority, Department of Planning, Industry and Environment in the classifications prescribed by this Award, in connection with the gymnastics program, at the Sydney Olympic Park Quaycentre, or associated facilities.

 

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

 

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

 

35.4    This award is made following an application by the Sydney Olympic Park Authority, Department of Planning, Industry and Environment, under section 10 of the Industrial Relations Act 1996 and rescinds and replaces the Sydney Olympic Park Authority Managed Sports Venues Award 2019 published on 24 April 2019 (387 I.G. 737) and all variations thereof.

 

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

 

35.5    The award will operate from 1 July 2020 and remain in force until 30 June 2022. 

 

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

 

4.        Delete Part B and insert in lieu thereof the following:

 

PART B

 

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

 

 

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

 

 

 

Table 3 - Hourly Rates of Pay for Quaycentre Casual Event Staff Employees under subclause 5.3

 

 

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

 

 

 

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

 

 

5.        This variation will take effect from the first full pay period on or after 1 July 2021.

 

 

 

N. CONSTANT, Chief Commissioner

 

 

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Printed by the authority of the Industrial Registrar.