Sydney
Olympic Park Aquatic, Athletics and Archery Centres (State) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Sydney
Olympic Park Authority.
(No. IRC 1379 of 2008)
Before Commissioner
McKenna
|
29 August 2008
|
AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Parties to
the Award and Employee Defined
3. Intention
4. Rates of
Pay
5. Classification
Levels
6. Income
Protection Plan
7. Hours of
Work
8. Full-Time,
Part-Time, Fixed Term and Casual Employees
9. Higher
Duties
10. Meal Breaks
11. Excess
Hours Worked
12. Public
Holidays
13. Sick Leave
14. Personal
Carer’s Leave
15. Bereavement
Leave
16. Parental
Leave
17. Terms of
Engagement
18. Training
Wage
19. Payment of
Wages
20. Annual
Leave and Annual Leave Loading
21. Long
Service Leave
22. Consultative
Mechanism
23. Labour
Flexibility
24. Uniforms
and Protective Clothing
25. Tools and
Equipment
26. Change
Rooms
27. Redundancy
28. Major
Interruption to Operations
29. Grievance
and Dispute Resolution Procedures
30. Secure
Employment
31. No Extra
Claims
32. Leave
Reserved
33. Anti-Discrimination
34. Area,
Incidence and Duration
PART B
Table 1 - Rates of Pay
Table 2 - Hourly Rates of Pay for Casual Employees
2. Parties to the
Award and Employee Defined
2.1 The parties to
this award are:
(i) The Division
Head of the Sydney Olympic Park Authority Aquatic and Athletic Centres
Division, being the Chief Executive Officer of the Sydney Olympic Park Authority,
exercising on behalf of the Government of NSW the employer functions of the
Government in relation to members of staff of the Sydney Olympic Park Authority
Aquatic and Athletics Centre Division under Schedule 1, Part 3 of the Public
Sector Employment and Management Act 2002 ("the Employer"); and
(ii) The Australian
Workers’ Union, New South Wales ("the AWU").
2.2 Employee means a
person employed by the Government of NSW in the service of the Crown under
Chapter 1A of the Public Sector Employment and Management Act 2002 in
the Sydney Olympic Park Authority Aquatic and Athletic Centres Division in the
classifications prescribed by this Award.
3. Intention
3.1 The principal
intentions of this award are:
(i) To promote
harmonious industrial relations for the Sydney Olympic Park Aquatic, Athletics,
and Archery Centres;
(ii) To maximise
standards of service to the public and centres users, measured against those
applying in the leisure and recreation industry nationally and internationally;
and
(iii) To provide a
multi-skilled workforce.
4. Rates of Pay
4.1 The minimum
rates of pay for full time employees covered by this award employed in the
classifications set out below in Clause 5 are contained in Table 1 of Part B of
this award.
5. Classification
Levels
5.1 Classifications
(Skill/Definitions) for full-time and part-time employees:
5.1.1 Level I
Means an employee with no qualifications and who
performs duties of a routine nature, requiring the use of minimum judgement and
supervision.
Employees at this level may include the initial recruit
who may have limited relevant experience.
(a) An employee at
this level will be able to:
Communicate with the public in a courteous and tactful
manner.
(b) Indicative of
some of the tasks which an employee at this level may perform are:
Exercises basic keyboard skills;
General Attendant/Cashier duties which includes basic
clerical, office assistance, kiosk duties involving customer turnover and cash
handling, taking of bookings and tickets and general assistance in the
day-to-day activities of the operation;
Maintains simple records;
Assists with administration of the Swim School Program;
Is directly employed as Car Park Attendant, Usher or Door
Attendant who is engaged in a non-security capacity;
Receives, despatches, distributes, sorts, checks, documents,
orders and records of goods and/or materials;
Is employed as a General Hand;
Undertakes duties peripheral and ancillary to the above as
required.
(c) Progression to
Level II will be dependent upon availability of position and successful
application.
5.1.2 Level II
Means an employee who has undertaken structured
training recognised by the industry as relevant and appropriate to perform work
within the scope of this level.
(a) An employee at
this level:
Assists with the provision of on-the-job training to a
limited degree;
Conducts individual or group
activities/programs/sessions/tours, under supervision, only after commencing a
recognised course or undergoing accredited training;
Exercises intermediate keyboard skills with
instructions;
Works in a team environment under routine supervision;
Where appropriate, holds and maintains life saving and
first aid qualifications recognised as being appropriate for the safe and
effective conduct of duties involving public and employee health and safety;
Works from instructions or procedures;
Has an understanding of general office procedures;
Co-ordinates duties under the direction of a Level III
employee;
Provides general supervision of and assistance to Level
I employees; and
Is capable of and may perform Level 1 duties.
(b) Indicative of
some of the tasks which an employee at this level may perform:
Takes classes and directs leisure activities;
Supervises public swimming;
Attends to health and safety of the public;
Sells programs/tickets and gives change;
Co-ordinates events and bookings;
Undertakes receptionist duties;
Undertakes office administrative duties;
Attends to equipment and displays eg. pool attendant;
Safeguards individuals e.g. child care attendants;
(c) Progression to
Level III will be dependent upon availability of position and successful
application.
5.1.3 Level III
Means an employee who has completed structured training
recognised by the industry as relevant and appropriate to perform work within
the scope of this level.
(a) An employee at
this level:
Assists in the provision of on-the-job training where
applicable;
Exercises discretion within one’s own level of skill
and training;
Takes responsibility for the quality of one’s work
(subject to routine supervision);
Exercises good keyboard skills and knowledge of office
procedures/equipment/systems; and
Is capable of and may perform the Level II and level I
duties.
(b) Indicative of
some of the tasks which an employee at this level may perform:
Is employed as a Gym Exercise Specialist;
Co-ordinates Swim School, Customer Services, Tours and
Health and Fitness Activities;
Maintains machinery, plant and technical equipment;
Undertakes secretarial duties;
In the absence of line supervisors, acts in an
appropriate way to supervise the work areas to ensure delivery of services;
(c) Progression to
Level IV will be dependent upon availability of position and successful application.
5.1.4 Level IV
Means an employee who is subject to broad guidance or
direction and would report to more senior staff as required.
An employee at this level would have worked or studied
in a relevant field and/or have specialist knowledge, qualifications and
experience sufficient to enable them to advise on a range of activities and
features and contribute, as required, to the determination of objectives,
within their delegated area of supervision.
(a) An employee at
this level:
Takes responsibility for ensuring the quality of their
own work and exercises initiative, discretion and judgement at times in the
performance of their duties;
Is directly responsible to the appropriate manager for
the section or area of operation;
Assists with the management of the section or area of
operation;
Has the delegated responsibility for the work under
their control or supervision in terms of, inter alia, allocation of duties,
co-ordinating work flows, checking progress, quality of work and resolving
problems, as well as counselling staff for performance and work related
problems where required;
Trains employees at Level III, II and I as required;
Is capable of and may perform the Level III, Level II
and Level I duties.
(b) Indicative of
some of the tasks which an employee at this level may perform:
Supervises Pool Attendants;
Supervises
Athletic Centre employee;
Supervises
Aquatic Centre employees;
Supervises Archery Centre Employees
Supervises
administrative and accounting operations;
Supervises
information technology;
Supervises
daily activities and operation of health and fitness activities;
Supervises
maintenance employees;
5.2 Classifications
(Skill/Definitions) for casual employees:
5.2.1 Casual Level A
Means an employee with no qualifications who performs
duties of a routine nature, requiring the use of minimum judgement and
supervision.
Employees at this level may include the initial recruit
who may have limited relevant experience.
(a) An employee at
this level will be able to:
Communicate with the public in a courteous and tactful
manner.
(b) Indicative of
some of the tasks which an employee at this level may perform are:
Is employed as a Car Park Attendant;
Is employed as a Tour Guide;
Undertakes clerical duties including exercising basic
keyboard skills, office assistance and maintenance of simple records;
Assists with the administration of the Swim School
programme;
Receives, despatches, distributes, sorts, checks,
documents, orders and records goods and/or materials;
Is employed as General Hand;
Duties peripheral and ancillary to the above as
required.
5.2.2 Casual Level B
Means an employee who has undertaken structured
training recognised by the industry as relevant and appropriate to perform work
within the scope of this level.
(a) An employee at
this level:
Assists with the provision of on-the-job training to a
limited degree;
Conducts individual or group
activities/programs/sessions under supervision, only after commencing a
recognised course or undergoing accredited training;
Exercises intermediate keyboard skills with
instructions;
Works in a team environment under routine
supervision;
Where appropriate holds and maintains life saving and
first aid qualifications recognised as being appropriate for the safe and
effective conduct of duties involving public and employee health and safety;
Works from instructions or procedures;
Has an understanding of general office procedures;
Co-ordinates duties under the direction of a Level III
employee;
Provides general supervision and assistance of Level A
employees; and
Is capable of and may perform duties of a Level A -
casual employee.
(b) Indicative of
some of the tasks which an employee at this level may perform:
Is employed as a cashier involved in kiosk duties
including customer turnover and cash handling, taking of bookings and tickets
and assists generally in the day-to-day activities of the operation;
Takes classes and directs leisure activities;
Supervises public swimming;
Attends to health and safety of the public;
Sells programmes/tickets and gives change;
Co-ordinates events and bookings;
Undertakes receptionist duties;
Undertakes office administrative duties;
Attends to equipment and displays eg., pool attendant,
athletic track Attendants; archery attendant.
Safeguards individuals e.g. child care attendants.
5.2.3 Casual Level C
Means an employee who has completed structured training
recognised by the industry as relevant and appropriate to perform work within
the scope of this level.
(a) An employee at
this level:
Assists in the provision of on-the-job training where
applicable;
Exercises discretion within one’s own level of skill
and training;
Takes responsibility for the quality of one’s work (subject
to routine supervision);
Exercises good keyboard skills and knowledge of office
procedures/equipment/systems;
Is capable of and may perform Level A and Level B
duties.
(b) Indicative of
some of the tasks which an employee at this level may perform:
Is employed as Gym Exercise Specialist;
Is employed as Head Coach;
In the Absence of Line Supervisors, Acts in an
Appropriate Way to Supervise the Work Areas to Ensure Delivery of Services.
6. Income Protection
Plan
6.1 All full-time,
part-time and casual employees who are members of the AWU to whom this award
applies shall be covered by the Sickness and Accident Income Protection Plan
approved and endorsed by the AWU (provided by Chifley Financial Services). It is a term of this award that the employer
will bear the costs of 1.55% of gross weekly pay per week per member towards
providing income protection with a maximum payment of $4.55 per week for
casuals.
7. Hours of Work
7.1 The ordinary
hours of work, exclusive of meal times, shall not exceed an average of 38 hours
per week, between the hours of 4.30 am and 11.00 pm. The ordinary hours of work
may be extended to 2.00 am to cover special events, provided that management
gives all employees involved seven clear days' notice of the extension of
ordinary hours, or upon agreement between the employer and employee.
7.2 The employer
shall arrange the working of the thirty eighty hour week in one of the
following ways:
7.2.1 by employees
working less than eight hours per day;
7.2.2 by employees
working less than eight hours on one or more days in each week; or
7.2.3 by working up to
ten hours on one or more days in the week.
7.3 Employees other
than maintenance employees, pool attendants, and those employees employed in
the gym shall be entitled to receive 4 sets of 2 consecutive days off in each
28 day period.
7.4 Notwithstanding
the provision of subclause 7.1 & 7.3 the employer and employee may agree to
change the rostered time of ordinary hours by one week’s notice or with the consent
of the employee at any time.
8. Full-Time,
Part-Time, Fixed Term and Casual Employees
8.1 An employee
shall be engaged as either a full-time, part-time, fixed term or casual
employee.
8.2 A full-time
employee is an employee who is engaged to work an average 38 hours per week.
8.3 A part-time
employee is an employee engaged to work a minimum of 10 hours work per week. A
part-time employee shall receive sick leave, annual leave and long service
leave on a pro rata basis.
8.4 A casual
employee is an employee engaged and paid as such. A casual employee shall be
paid the appropriate hourly rate as set out in Table 2 of Part B.
8.5 The casual
hourly rate contained in this award, contains a component in lieu of any
entitlement to sick leave, paid bereavement leave, and annual leave.
8.6 A casual
employee shall receive a minimum payment of 3 hours for each engagement, in
relation to casual employees involved in the presentation or conducting of
sports, games and training e.g. instructors, (other than those engaged in
relation to the Sydney Athletic Centre) which shall be for a minimum of one
hour.
8.7 Casual rosters
may be changed by management provided that shifts are not shortened to less
than the minimums referred to above.
8.8 A fixed term employee
is an employee who is employed on a full-time or part-time basis for a fixed
period. An employee who is engaged on this basis shall be notified in writing
of the dates on which their engagement will commence and cease. The commencing
and ceasing dates may be varied by agreement.
9. Higher Duties
9.1 An employee
required to perform the entire function of a position attracting a higher level
under the award shall, on each occasion, be paid the entire difference between
their own salary and the salary of the higher position on the fifth and
subsequent days of acting up to the higher position.
9.2 The parties to
the Award agree that employees required to be in charge of the Pool Deck (that
is employees who are rostered on to open and close the Sydney Olympic Park
Aquatic Centre) will at all times be paid at Level 3 or above.
10. Meal Breaks
10.1 Employees shall
be entitled to an unpaid meal break of 30 minutes which shall be taken no more
than five hours after commencing duty.
10.2 Employees working
more than six hours per day (excluding breaks) shall also be entitled to two
paid ten minutes rest breaks either side of the unpaid meal break.
10.3 The employer and
employee shall determine the time at which a rest break shall be taken.
10.4 Where an employee
is required to work in excess of ten ordinary hours, discussions will occur
between the employee and his/her supervisor as to whether an additional unpaid
meal break of 30 minutes is warranted and if so, the time at which that meal
break should be taken.
10.5 Notwithstanding
the provisions of subclause 10.1 the employer and employee can determine the
appropriate time to take a meal break by mutual agreement.
10.6 Staff engaged as
casual pool attendants shall be given a paid break of 10 minutes within three
hours of commencing duty, with a further paid break of ten minutes should work
be required after six hours, in lieu of the provisions outlined in subclause
10.2 above.
11. Excess Hours
Worked
11.1 All time worked
in excess of an average of thirty-eight hours in any one week outside the
spread of hours prescribed in subclause 7.1 of this award or in excess of ten
hours in one day shall be paid as overtime or given as time off in lieu.
11.2 All excess hours
must be authorised by the appropriate supervisor in each section, prior to any
overtime being worked.
11.3 By mutual
agreement, excess hours shall be paid as overtime or taken off, as time off in
lieu. Time off in lieu will be the
equivalent number of actual hours worked.
All accrued time off in lieu shall be taken two months after it falls
due unless there is mutual agreement between the employer and employee to do
otherwise. The maximum number of hours to be accrued at any time is 38.
11.4 Where it is
impracticable for the excess hours to be taken off as time off in lieu, it
shall be paid for at the rate of time and one half for the first two hours and
double time thereafter.
11.5 An employee
(other than a casual employee) who works so many excess hours between the
termination of ordinary work on one day and the commencement of ordinary work
on the next day, that the employee has not had at least ten (10) consecutive
hours off duty between those times, shall be released after the completion of
such overtime until ten (10) consecutive hours has been allowed without loss of
pay for ordinary working time occurring during such absence.
11.6 For the purposes
of this clause "excess hours" means "overtime".
12. Public Holidays
12.1 The days on which
New Year’s Day, Australia Day, Good Friday, Easter Saturday, 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 and no deduction shall be made in respect of such holidays from the
wages due to any employee for the week in which such holiday or holidays occur.
12.2 Provided that the
abovementioned holiday may be substituted for another day off by agreement
between the employer and employee(s) to be take within one (1) month of the
said holiday or adjacent to a period of annual leave.
12.3 Any full-time or
part-time employee, including a fixed term employee, who is required to work on
a public holiday shall be entitled to either time and one half hours pay for
each hour worked as well as a day off in lieu at a time mutually agreed; or
double time and one half for each hour worked on the public holiday. Casual
employees who are required to work on a public holiday shall be entitled to
double time and one half for each hour work on the public holiday.
12.4 An employee who
is absent from work on the day before or the day after a public holiday shall
provide the employer with proof of sickness (by way of a medical certificate)
prior to receiving payment for those days.
12.5 An employee whose
day or days off duty coincides with a public holiday shall not be entitled to
receive an additional day in lieu.
12.6 A full-time,
part-time or fixed term employee, who presents proof of purchase of a ticket to
the Union’s Picnic Day function, at least ten calendar days in advance of the
event, shall be entitled to paid leave to attend the function. The Union shall advise management at least
three months prior to the event of any change of date to the Picnic, which
shall otherwise be held on the first Monday in December.
13. Sick Leave
13.1 A full-time
employee shall be entitled to ten days sick leave per year of service. Part-time employees shall be entitled to a
proportionate amount of sick leave.
13.2 If the full
period of sick leave is not taken in any one year, the whole or untaken portion
shall accumulate from year to year.
13.3 An employee shall
not be entitled to sick leave for any period in respect of which such employee
is entitled to worker’s compensation.
13.4 Where an employee
is ill or incapacitated on a rostered day or shift off he/she shall not be
entitled to sick pay on that day nor shall his/her entitlement to sick leave be
reduced as a result of such illness or incapacity.
13.5 Where an employee
is absent for more than one consecutive day, or more than five single days in a
year, the employee shall provide the employer with a doctor’s certificate.
13.6 The employee,
wherever possible, shall, prior to the commencement of the absence on sick
leave, inform the employer of their inability to attend for duty and as far as
practicable, the estimated duration of the absence.
14. Personal Carer’s
Leave
14.1 Use of Sick
Leave:
14.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in subclause 14.1.6 (b), who needs the employee’s care and support,
shall be entitled to use, in accordance with this clause, any current or
accrued sick leave entitlement, provided for in clause 13, Sick Leave, 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.
14.1.2 Note: In the
unlikely event that more than 10 days sick leave in any year is to be used for
caring purposes the employer and employee shall discuss appropriate
arrangements which, as far as practicable, take account of the employer’s and
employee’s requirements.
14.1.3 Where the parties
are unable to reach agreement the disputes procedure at Clause 29 should be
followed.
14.1.4 The employee
shall, if required
(a) establish 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
(b) 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.
14.1.5 In normal circumstances,
an employee must not take carer's leave under this clause where another person
had taken leave to care for the same person.
14.1.6 The entitlement to
use sick leave in accordance with this subclause is subject to:
(a) The employee
being responsible for the care and support of the person concerned; and
(b) The person
concerned being:
(i) a spouse of the
employee, or
(ii) a de facto
spouse, who is a person of the opposite sex to the employee, who lives with the
employee as the husband or wife of that person on a bona fide domestic basis
although not legally married to that person; or
(iii) a child or an
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial), 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
(iv) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(v) a relative of the
employee who is a member of the same household, where for the purpose of this
clause:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other; and
"household" means a family group living in
the same domestic dwelling.
14.1.7 An employee shall,
wherever practicable, give the employer notice prior to the absence of the
intention to take leave, the name of the person requiring care and their
relationship to the employee, the reasons for taking such level and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee shall notify the employer by telephone of
such absence at the first opportunity on the day of absence.
14.2 Use of Unpaid
Leave:
14.2.1 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 subclause 14.1.6
(b) who is ill, or who requires care due to an unexpected emergency.
14.3 Use of Annual
Leave:
14.3.1 An employee may
elect, with the consent of the employer, subject to the Annual Holidays Act 1944,
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.
14.3.2 Access to annual
leave, as prescribed in subclause 14.3.1, shall be exclusive of any shutdown
period provided for elsewhere under this award.
14.4 Use of Time Off
in Lieu of Payment of Overtime:
14.4.1 An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within 12 months of
the said election.
14.4.2 Overtime taken as
time off during ordinary time hours shall be taken at the ordinary time rate,
that is an hour for each hour worked.
14.4.3 If, having elected
to take time as leave in accordance with subclause 14.4.1, the leave is not
taken, for whatever reason, payment for time accrued at overtime rates shall be
made at the expiry of the 12 month period or on termination.
14.4.4 Where no election
is made in accordance with subclause 14.4.1, the employee shall be paid
overtime rates in accordance with the award.
14.5 Use of Make-Up
Time:
14.5.1 An employee may
elect, with the consent of the 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 the award, at
the ordinary rate of pay.
14.6 Personal Carer’s
Entitlement for Casual Employees
14.6.1 Subject to the
evidentiary and notice requirements in subclause 14.1.4, 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 14.1.6 (b) who is sick and requires
care and support, or who requires care due to an unexpected emergency, or the
birth of a child.
14.6.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
14.6.3 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.
15. Bereavement Leave
15.1 A full-time or
part-time employee, including a fixed term employee, shall be entitled to a
maximum of three days leave without loss of pay on each occasion and on the
production of satisfactory evidence of death within Australia of a member of
the employee’s family or household (as defined in subclause 14.1.6 (b)).
15.2 An employee shall
not be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
15.3 Bereavement leave
may be taken in conjunction with other leave available under subclauses 14.2,
14.3, 14.4 and 14.5. 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.
15.4 Bereavement Leave
for casual employees
15.4.1 Subject to the
evidentiary and notice requirements in subclause 14.1.4, 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 14.1.6 (b).
15.4.2 The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
15.4.3 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.
16. Parental Leave
16.1 Refer to Part 4
of Chapter 2 of the Industrial Relations Act 1996 (NSW). The
following provisions shall also apply
in addition to those set out in the Industrial Relations Act 1996 (NSW).
16.2 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.
16.3 Right to request
An employee entitled to parental leave may request the
employer to allow the employee:
16.3.1 to extend the
period of simultaneous unpaid parental leave up to a maximum of eight weeks;
16.3.2 to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
16.3.3 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.
16.4 The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
16.5 Employee’s
request and the employer’s decision to be in writing
16.5.1 The employee’s
request and the employer’s decision made under subclause 16.4 and 16.5 must be
recorded in writing.
16.6 Request to return
to work part-time
Where an employee wishes to make a request under
subclause 16.4, 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.
16.7 Communication
during parental leave
16.7.1 Where an employee
is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(a) 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
(b) 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.
16.7.2 The employee shall
take reasonable steps to inform the employer about any significant matter that will
affect the employee’s decision regarding the duration of parental leave to be
taken, whether the employee intends to return to work and whether the employee
intends to request to return to work on a part-time basis.
16.7.3 The employee shall
also notify the employer of changes of address or other contact details which
might affect the employer’s capacity to comply with subclause 16.7.1.
17. Terms of
Engagement
17.1 Full-time and
part-time employees shall be engaged by the week and their engagement shall
only be terminated by the employer or employee giving the notice prescribed
below, or by payment or forfeiture, as the case may be of the appropriate wages
in lieu of notice.
Levels 1 & 2
|
1 week
|
Level 3
|
2 weeks
|
Level 4
|
4 weeks
|
17.2 A fixed term
employee shall be employed for a fixed period. The engagement of a fixed term
employee may be varied by agreement between the employer and employee.
Notwithstanding the above provisions, a fixed term contract may be terminated
by one week’s notice on either side or by the payment or forfeiture, as the
case may be, of a week’s wages in lieu of notice thereof.
17.3 The provisions
outlined in subclauses 17.1 and 17.2 shall not affect the right of an employer
to dismiss any employee without notice for misconduct or other neglect of duty.
17.4 The employer
shall have the right to deduct payment for the time of non-attendance by any
employee who fails to attend for duty, or absents himself/herself from duty,
without leave.
18. Training Wage
18.1 See the
Theatrical Employees (Training Wage) (State) Award.
19. Payment of Wages
19.1 Wages will be
paid fortnightly by Electronic Funds Transfer.
20. Annual Leave and
Annual Leave Loading
20.1 Full-time and
part-time employees employed on or prior to 19 April, 1999 shall receive annual
leave of five weeks per annum plus 17.5% Annual Leave Loading, upon the
completion of twelve months service.
20.2 Part time
employees employed after 19 April, 1999 shall be entitled to four (4) weeks
paid annual leave per annum plus 17.5% Annual Leave Loading, upon the
completion of twelve months service.
20.3 Full-time
employees employed after 19 April, 1999 shall be entitled to annual leave of
five weeks per annum plus 17.5% annual leave loading, upon the completion of
twelve months service.
20.4 The loading
referred to in subclauses 20.1, 20.2 and 20.3 above shall be paid to all weekly
employees upon the anniversary of their entitlement, as a lump sum.
20.5 Fixed term
employees who are engaged on a contract of less than twelve months shall be
entitled to annual leave loading, provided that they have been employed as
either a casual or weekly employee for a period of longer than twelve months in
total, as on aggregate of full-time, part-time or casual employment.
21. Long Service
Leave
21.1 The New South
Wales Long Service Leave Act 1955 applies.
22. Consultative
Mechanism
22.1 A meeting will be
held every two months between the four employee representatives and the General
Manager of the Sydney Olympic Park Aquatic, Athletics, and Archery Centres for
the purpose of discussing matters affecting the productivity and efficiency at
the Sydney Olympic Park Aquatic, Athletics and Archery Centres.
23. Labour
Flexibility
23.1 Employees covered
by this award shall perform all work within their skill and competence
including but not limited to work which is incidental but not peripheral to
their main tasks and functions.
24. Uniforms and
Protective Clothing
24.1 Where employees
are required to wear a uniform they will be provided to the employee free of
charge. Employees required to work in the rain shall be provided with oilskins,
gumboots or other protective clothing, free of charge.
24.2 Upon termination
of employment all uniforms and property belonging to the employer shall be
returned by the employee to the employer properly laundered and/or in working
order.
25. Tools and
Equipment
25.1 All tools and
equipment required by the employees to perform their duties shall be provided
by the employer, free of charge.
26. Change Rooms
26.1 The employer
shall provide a change room for the use of the employees, free of charge. Such
change room shall be equipped with hot and cold showers and shall be fitted
with individual locker accommodation.
27. Redundancy
27.1 Application of
this Clause.
27.1.1 This clause shall
apply in respect of full-time and part-time employees as defined in Clause 8
27.1.2 This clause shall
not apply to employees with less than one year’s continuous service
27.1.3 This clause shall
not apply where employment is terminated as a consequence of conduct that
warrants dismissal, or in the case of employees engaged for a specific period
of time, or for a specified task or tasks, where employment is terminated due
to the ordinary turnover of labour.
27.2 Employer to
Notify and Discuss Change
27.2.1 Where the employer
has made a definite decision to introduce major changes that are likely to have
significant effects on employees, for example in structure, technology and or
program/service delivery, the employer shall notify the employees who may be
affected by the proposed changes and the union to which they belong
27.2.2 The employer shall
discuss with the employees affected and the union to which they belong, among
other matters, the introduction of the changes referred to in clause 27.2.1,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
27.2.3 The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in 27.2.1
27.2.4 For the purpose of
such discussion, the employer shall provide to the employees concerned, and the
union to which they belong, all relevant information about the changes
including the nature of the changes proposed, the expected effects of the
changes on employees and any other matters likely to affect employees, provided
that any employer shall not be required to disclose confidential information
the disclosure of which would adversely affect the employer.
27.2.5 Where the employer
has made a definite decision that the employer no longer wishes the job the
employee has been doing done by anyone, pursuant to clause 27.2.1, and that
decision may lead to the termination of employment, the employer shall hold
discussions with the employees directly affected and with the union to which
they belong as early as practicable.
27.2.6 The discussions
referred to in 27.2.5 shall cover, among other matters any reasons for the
proposed terminations, measures to avoid or minimise the terminations and
measures to mitigate any adverse effects of any termination on the employees
concerned, the number and categories of employees likely to be affected, and
the number of workers normally employed, and the period over which the
terminations are likely to be carried out.
27.3 Notice of
Termination of Employment
27.3.1 In order to
terminate the employment of an employee for reasons arising from
"structure", or "program/service delivery", in accordance
with 27.2.1, the employer shall give to the employee the following notice
Period of
Continuous Service
|
Period of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
27.3.2 In addition to the
notice above, employees over 45 years of age at the time of the giving of the
notice with not less than two years continuous service, shall be entitled to an
additional week’s notice
27.3.3 Payment in lieu of
the notice in 27.3.2 shall be made if the appropriate notice period is not
given, provided that employment may be terminated by part of the period of
notice specified and part payment in lieu thereof
27.4 Notice for
Technological Change
27.4.1 In order to
terminate the employment of an employee for reasons arising from
"technology" in accordance with 27.2.1, the employer shall give to
the employee three months’ notice of termination
27.4.2 Payment in lieu of
the notice above shall be made if the appropriate notice period is not given,
provided that employment may be terminated by part of the period of notice
specified and part payment in lieu thereof.
27.4.3 The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act, 1955, the
Annual Holidays Act, 1944, or any Act amending or replacing either of these
Acts.
27.5 Time Off During
the Notice Period
27.5.1 During the period
of notice of termination given by the employer, an employee shall be allowed up
to one day’s time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purposes of seeking other employment
27.5.2 If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent
27.5.3 Employee leaving
during the notice period - If the employment of an employee is terminated
(other than for misconduct) before the notice period expires, the employee
shall be entitled to the same benefits and payments under this clause had the
employee remained with the employer until the expiry of such notice. Provided
that in such circumstances the employee shall not be entitled to payment in
lieu of notice
27.6 Transfer to Lower
Paid Duties
27.6.1 Where an employee
is transferred to lower paid duties for reasons set out in 27.2.1 the employee
shall be entitled to the same period of notice of transfer as the employee
would have been entitled to if the employee’s employment had been terminated,
and the employer may at the employer’s option make payment in lieu thereof of
an amount equal to the difference between the former ordinary time rate of pay
and the new ordinary time rates for the number of weeks of notice still owing.
27.7 Severance Pay
27.7.1 Where an employee
is to be terminated pursuant to clause 27, subject to further order of the
Industrial Relations Commission, the employer shall pay the following severance
pay in respect of a continuous period of service:
(a) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale
Years of Service
|
Under 45 Years Age
Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(b) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
|
45 Years and over
Age Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(c) ‘Weeks pay’
means the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and any allowances.
27.7.2 Subject to an
application by the employer and further order of the Industrial Relations
Commission, an employer may pay a lesser amount (or no amount) of severance pay
than that contained in subclause 27.7.1 if the employer obtains acceptable
alternative employment for an employee
28. Major
Interruption to Operations
28.1 Although a rare
eventuality, external factors such as acts of God or malicious acts by a third
party or parties, or industrial action, breakdown of machinery or any other act
or omission for which the employer is not responsible may result in the closure
of the Centres.
28.2 In the first
instance options for staff to work at another location will be investigated.
28.3 In instances
where this is not possible, staff will be given the opportunity to access
available annual and/or long service leave entitlements.
28.4 Where staff are
not able to be placed in work pursuant to clause 28.2 or do not elect to access
leave entitlements pursuant to clause 28.3, either party may make an
application to the Industrial Relations Commission pursuant to s126 of the Industrial
Relations Act 1996 for a stand down order.
29. Grievance and
Dispute Resolution Procedures
29.1 Procedures
relating to grievances of individual employees.
29.1.1 The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
29.1.2 A grievance must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
29.1.3 Reasonable time
limits must be allowed for discussion at each level of authority.
29.1.4 At the conclusion
of the discussion, the employer must provide a response to the employee’s
grievance if the matter has not been resolved, including reasons for not
implementing any proposed remedy.
29.1.5 While a procedure
is being followed, normal work must continue.
29.1.6 The employee may
be represented by a union party to this award for the purpose of each
procedure.
29.2 Procedures
relating to disputes etc. between the employer and its employees.
29.2.1 A question, dispute
or difficulty must initially be dealt with as close to its source as possible,
with graduated steps for further discussion and resolution at higher level of
authority.
29.2.2 Reasonable time
limits must be allowed for discussion at each level of authority.
29.2.3 While a procedure
is being followed, normal work must continue.
29.2.4 The employer may
be represented by an industrial organisation of employers and the employees may
be represented by a union party to this award for the purpose of each
procedure.
29.2.5 If the dispute
resolution process is exhausted without the dispute being resolved, the parties
may jointly or individually refer the matter to the NSW Industrial Relations
Commission for conciliation and/or arbitration.
30. Secure Employment
30.1 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.
30.2 Casual Conversion
30.2.1 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
six months shall thereafter have the right to elect to have his or her ongoing
contract of employment converted to permanent full-time employment, or
part-time employment, if the employment is to continue beyond the conversion
process prescribed by this clause.
30.2.2 Every employer of
such a casual employee shall give the employee notice in writing of the
provisions of this clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this clause if the employer fails to comply with this notice
requirement.
30.2.3 Any casual
employee who has a right to elect under subclause 30.2.1, upon receiving notice
under subclause 30.2.2 or after the expiry of the time for giving such notice,
may give four weeks’ notice in writing to the employer that he or she seeks to
elect to convert his or her ongoing contract of employment to full-time or
part-time employment, and within four weeks of receiving such notice from the
employee, the employer shall consent to or refuse the election, but shall not
unreasonably so refuse. Where an employer refuses an election to convert, the
reasons for doing so shall be fully stated and discussed with the employee
concerned, and a genuine attempt shall be made to reach agreement. Any dispute
about a refusal of an election to convert an ongoing contract of employment
shall be dealt with as far as practicable and with expedition through the disputes
settlement procedure.
30.2.4 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.
(i) 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.
30.2.5 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 30.2.3, the
employer and employee shall, in accordance with this clause, and subject to
subclause 30.2.3, discuss and agree upon:
(a) whether the
employee will convert to full-time or part-time employment; and
(b) 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.
30.2.6 Following an
agreement being reached pursuant to subclause 30.2.5, the employee shall
convert to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
30.2.7 An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this clause.
30.2.8 The parties
recognise the seasonal nature of casual employment at the Centres and
acknowledge that regular and systematic work may extend over a number of months
on a seasonal basis, but not over the full year. These circumstances will
constitute valid grounds for the employer to not unreasonably refuse an employee’s election to convert to
full time or part time employment ( in accordance with subclause 30.2.3) where
the seasonal nature of the work can be demonstrated.
30.3 Occupational
Health and Safety
30.3.1 For the purposes
of this clause, the following definitions shall apply:
(a) 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.
(b) 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.
30.3.2 Any employer which
engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) 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
(d) 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.
30.3.3 Nothing in
subclause 30.3 is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
30.4 Disputes
Regarding the Application of this Clause
30.4.1 Where a dispute
arises as to the application or implementation of this clause, the matter shall
be dealt with pursuant to the disputes settlement procedure of this award.
30.5 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.
31. No Extra Claims
31.1 Subject to the
provisions of Clause 32. Leave Reserved, it is a term of this award that the
Union undertakes not to pursue any extra claims, award or over award, of a
general nature, for the duration of the Award.
32. Leave Reserved
32.1 Leave is
reserved:
(a) To the parties
to apply to insert vocational training benchmarks and relativities for
full-time, part-time and casual employees subsequent to a variation to the
Health, Fitness and Indoor Sports Centres (State) Award for similar matters.
33.
Anti-Discrimination
33.1 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.
33.2 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.
33.3 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.
33.4 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) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
33.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
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 this 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."
34. Area, Incidence
and Duration
34.1 This award shall
regulate the terms and conditions of employment of employees:
(a) of the
Government of NSW employed under Chapter 1A of the Public Sector Employment
and Management Act 2002 in the Sydney Olympic Park Authority Aquatic and
Athletic Centres Division in the classifications prescribed by this Award at
the Sydney Olympic Park Aquatic, Athletic and Archery Centres, in
classifications covered by this Award; and
(b) not classified
as staff members of the management team.
34.2 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, and the Sydney Olympic
Park Archery Centre.
34.3 This award shall
take effect from 1 July 2008, and shall remain in force for a period of two
years.
34.4 This award
rescinds and replaces the Sydney Olympic Park Aquatic Centre and Sydney
Athletics Centre (State) Award 2006 published 23 February 2007 (362 I.G. 1).
PART B
Table 1 - Rates of
Pay for Full-Time Classifications
Classification
|
Current Salary as
at
|
Salary from the
|
Salary from the
|
Level
|
11 July 2007
|
First Pay Period on
|
First Pay Period on
|
|
$
|
or after 1 July
2008
|
or after 1 July
2009
|
|
|
$
|
$
|
Level I
|
32,866
|
33,688
|
34,530
|
Level II
|
36,966
|
37,890
|
38.837
|
Level III
|
41,080
|
42,107
|
43,160
|
Level IV
|
49,283
|
50,515
|
51,778
|
Table 2 - Hourly
Rates of Pay for Casual Employees
|
Current Rate as at
|
Salary from the
|
Salary from the
|
|
11 July 2007
|
First Pay Period on
|
First Pay Period on
|
Classification
|
|
or After 1 July
2008
|
or After 1 July
2009
|
|
$
|
$
|
$
|
Level A
|
19.20
|
19.70
|
20.20
|
Level B
|
20.60
|
21.10
|
21.60
|
Level C
|
21.75
|
22.30
|
22.85
|
D.
S. McKENNA, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.