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New South Wales Industrial Relations Commission
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Venues NSW (SCG & SFS Event Day Employees) Award 2022
  
Date12/16/2022
Volume393
Part3
Page No.836
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C9570
CategoryAward
Award Code 1896  
Date Posted12/19/2022

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(1896)

SERIAL C9570

 

Venues NSW (SCG & SFS Event Day Employees) Award 2022

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by Venues NSW.

 

(Case No. 305177 of 2022)

 

Before Commissioner Webster

28 October 2022

 

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 2022 ("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 will 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 will rescind and replace the Venues NSW (SCG & SFS Event Day Employees) Award 2021 published 26 March 2021 (389 I.G. 285) (an award of the New South Wales Industrial Relations Commission).

 

(b)       This award will operate on and from the first full pay period on or after 28 October 2022 and will remain in force for a nominal term of 24 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 work at day time, twilight and evening fixtures and will 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 the approval of this award.

 

(b)       The hourly rates set out in Part B of this award incorporate an increase for all event day work undertaken of 2.53% from the first full pay period on or after the approval of this award and a further increase of 2.53% effective from the first full pay period on or after the date that is 12 months after this award takes effect.

 

(c)       Employees employed under this award will be paid the non-event attendance rate as contained in Part B of this award from the first full pay period on or after the approval of this award.

 

(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 will be four (4) hours to be worked consecutively, with the exception of non-match day staff meetings and training sessions which will 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 will 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  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 will 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 will be responsible for the laundering of the uniforms. A laundry allowance of $1.10 per shift will be paid into the Employee’s nominated bank account.

 

4.        Uniforms will remain the property of the Employer and will 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 will 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 will be paid for at the rate of time and a half.

 

(c)       Overtime rates will not apply for any attendance at non-event related meetings or training.

 

16.  Public Holidays

 

Public Holidays will 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 will 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 will 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 will be provided to employees where prolonged periods of standing would otherwise be required. The use of such seating will 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 will have access to and will 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 will 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 the date this award comes into effect

Rates from the FFPP 12 months after this award comes into effect

 

Ordinary flat rate

Overtime and Public

Holiday

Ordinary flat rate 2.53%

$

Overtime and Public Holiday

$

Ordinary flat rate 2.53%

$

Overtime and Public Holiday

POSITION

 

 

 

 

 

 

Customer Service Positions

 

 

 

 

 

 

Usher/Attendant

31.68

47.52

32.48

48.72

33.30

49.95

Pressure point

33.31

49.97

34.15

51.23

35.01

52.51

Team Leader

35.98

53.97

36.89

55.34

37.82

56.73

Supervisor

40.32

60.48

41.34

62.01

42.39

63.58

- Staff Entry

 

 

 

 

 

 

Crowd Security Positions

 

 

 

 

 

 

Crowd Security Officers

38.11

57.17

39.07

58.61

40.06

60.09

Crowd security Supervisor

42.71

64.07

43.79

65.69

44.90

67.35

- Event Communications

 

 

 

 

 

 

- Process Room

 

 

 

 

 

 

- Report Writer

 

 

 

 

 

 

Control 1 & 2/Base

45.88

68.82

47.04

70.56

48.23

72.35

Non-Event Attendance Rate

26.47

26.47

27.14

27.14

27.83

41.75

ALLOWANCES

 

 

 

 

 

 

Uniform Allowance

(per shift)

1.00

1.00

1.10

1.10

1.10

1.10

 

Young Worker Rates

 

Employees who are less than 20 years of age and who commenced employment on or after the date this award comes into effect will be paid according to the following scale:

 

18 years and under 19 years – 70% of the appropriate rate

19 years and under 20 years - 80% of the appropriate rate

20 years and under 21 years - 90% of the appropriate rate

 

 

 

J. WEBSTER, Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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