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New South Wales Industrial Relations Commission
(Industrial Gazette)





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Venues NSW Security Enterprise Award 2022
  
Date03/30/2023
Volume393
Part8
Page No.1721
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C9619
CategoryAward
Award Code 1339  
Date Posted03/30/2023

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(1339)

SERIAL C9619

 

Venues NSW Security Enterprise Award 2022

 

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. 19354 of 2023)

 

Before Commissioner Muir

28 February 2023

 

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

31       Trade Union Training Courses

32       Deduction of Trade Union Membership Fees

 

 

MONETARY RATES

 

Table 1

 

2.  Title of Enterprise Award

 

This enterprise award will be known as the Venues NSW Security Enterprise Award 2022.

 

3.  Parties to This Enterprise Award

 

3.1      The parties to this enterprise award are:

 

3.1.1   Venues NSW

 

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 will apply:

 

4.1      "Enterprise Award" will mean the Venues NSW Security Enterprise Award 2022.

 

4.2      "Employee" or "Employees" will mean the Security Staff employed by the Employer.

 

4.3      "Full-time employee" will mean a permanent employee working an average of thirty-eight ordinary hours per week.

 

4.4      "Part-time" employee will mean a permanent employee working an average of less than thirty-eight ordinary hours per week. 

 

4.5      "Casual Employee" will mean an employee engaged and paid as such.

 

4.6      "Employer" will mean Venues NSW

 

4.7      "Security Officer Grade B" will 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 will 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 will 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" will 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" will 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" will mean Workplace Health & Safety.

 

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 Venues NSW.

 

6.  Date and Period of Operation

 

6.1      This award will take effect from the first full pay period on or after the date of approval and will remain in force for a period of twenty four 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 2019 published 19 June 2020 (388 I.G. 998) inclusive of variations up to and including those taking effect from 30 September 2022.

 

7.  Parties Bound

 

 The provisions of this Enterprise Award will apply to security officer employees of Venues NSW performing work at our Moore Park Precinct which consists of the Sydney Cricket Ground and Sydney Football Stadium venues. This includes people 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 will be an average of 38 per week. The ordinary hours will 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 will 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 will 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 will 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 will 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 will 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 will 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.

 

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

(2.53%)

(2.53%)

$19.48

$19.97

 

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    Venues NSW 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 hour 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 an Event Day Security officer in accordance with this clause they will be paid under the appropriate Venues NSW (Event Day Employees) Award 

 

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 will 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 will be entitled to be paid an annual leave loading of 17½% of the employees ordinary earnings which will be paid each time the employee takes annual leave.

 

14.  Sick Leave

 

14.1    Employees will be entitled to up to 10 days sick leave without loss of pay in their first year of service with the employer.  Employees will 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, will be entitled to take their sick leave subject to the following conditions:

 

14.2.1 the employee will 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 will, 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 will 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 will provide reasonable proof that he/she was unable to notify the employer on account of such accident or incapacity.

 

14.2.4 the employee will 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 will 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 will 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, will 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 will, 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 will, 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 will 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 will 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 21, 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 will 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 will 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 will 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 will 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 will 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 will 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 will, 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, will 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 will be entitled to leave of one day without loss of any ordinary pay, provided that such leave will be extended to two days where the employee travels overseas to attend the funeral.

 

16.2    The rights to such paid leave will be dependent on compliance with the following conditions:

 

16.2.1 satisfactory evidence of such death will be furnished by the employee to the employer; and

 

16.2.2 the employee will 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 will 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 will be allowed leave of absence during any period when required to attend for jury service, provided that such leave will be limited to a maximum of two weeks in any period of jury service.

 

17.2    During such leave of absence, an employee will be paid the difference between the jury service fees received and the normal rate of pay as if working.

 

17.3    An employee will 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 will 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 will be allowed leave of absence to attend official army reserve activities.

 

18.2    Subject to subclause 18.3, such leave of absence will 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:

 

18.3.1 The current amount that is provided to the employer under the (ADF 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 will 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 will 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 2019 published 19 June 2020 (388 I.G. 998) as varied.

 

22.2    The purpose of this Enterprise Award is to regulate the terms and conditions of employment of Security Staff at Venues NSW whose primary employment location is at our Moore Park Precinct which consists of the Sydney Cricket Ground and the Sydney Football Stadium.

 

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 will apply.

 

22.4    This award will take effect from the first full pay period on or after the date of approval and will remain in force for a period of twenty four 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 will 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 will 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 will consent to or refuse the election, but will not unreasonably so refuse. Where an employer refuses an election to convert, the reasons for doing so will be fully stated and discussed with the employee concerned, and a genuine attempt will be made to reach agreement. Any dispute about a refusal of an election to convert an ongoing contract of employment will 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 will, 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 will 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 will 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 will 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 will 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 will 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    Venues NSW will 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 Venues NSW as at the date of renewal;

 

(b)      The employee obtains the renewal of their security licence; and

 

(c)       The employee provides evidence to Venues NSW of the payment of the relevant fee, as required by the Venues NSW.

 

27.  Uniforms

 

27.1    Employees will 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    Venues NSW 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 will 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 employer. A lesser period of notice may be negotiated by mutual agreement.

 

31. Trade Union Training Courses

 

Special leave can be granted for Accredited Work Health and Safety (WHS) courses and any other accredited WHS training for employees who are WHS Committee members. The provider(s) of accredited WHS training courses and the conditions on which special leave for such courses will be granted, will be decided on and approved by Venues NSW.

 

The Trade Union Education Foundation, the Union or a training provider nominated by the Union may nominate courses for employees to participate in. Employee participation will be approved by Venues NSW and will be subject to:

 

(a)       The operating requirements of the workplace permitting the grant of leave and the absence not requiring employment of relief employees;

 

(b)       Payment being made by Venues NSW at the base rate, i.e. excluding all separately identifiable payments such as shift penalties/allowances and overtime, etc.;

 

(c)       All travelling and associated expenses being met by the employee or the Association;

 

(d)       Attendance being confirmed in writing by the Association or a nominated training provider.

 

32. Deduction of Trade Union Membership Fees

 

At the employee’s election, the Employer shall provide for the employee’s Union membership fees to be deducted from the employee’s pay and ensure that such fees are transmitted to the employee’s Union at regular intervals. Alternative arrangements for the deduction of Union membership fees may be negotiated between the Employer and United Voice.

 

PART B

 

MONETARY RATES

 

Table 1

 

Item No.

Classification

Rates from the FFPP on or after

30 September 2021

(2.04%)

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

 

 

 

(2.53%)

(2.53%)

1

Security Officer Grade A Ordinary hours

$32.85

$33.68

$34.53

2

Security Officer Grade A In excess of ordinary hours

$49.28

$50.53

$51.81

3

Security Officer Grade B Ordinary Hours

$30.12

$30.88

$31.66

4

Security Officer Grade B In excess of ordinary hours

$45.18

$46.32

$47.49

5

Security Officer Grade B Casual

$35.39

$36.29

$37.21

 

 

 

C. MUIR Commissioner

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

 

 

 

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