Health, Fitness and Indoor Sports Centres (State)
Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial
Relations Act 1996.
(Case No. 201095 of 2021)
|
Before Commissioner Sloan
|
6 June 2022
|
REVIEWED
AWARD
PART A
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Rates of
Pay
3. Classifications
4. Terms of
Engagement
5. Casual
Employment
5A. Secure
Employment
6. Part-time Employment
7. Hours of
Work
8. Overtime
9. Saturday
and Sunday Work
10. Public
Holidays
11. Payment of
Wages
12. Higher
Duties
13. Meal Breaks
14. Sick Leave
15. Personal/Carer's
Leave
15A. Parental
Leave
16. Unpaid
Leave for Family Purpose
17. Annual Leave
18. Annual
Leave Loading
19. Compassionate
Leave
20. Jury
Service
21. First-Aid
22. General
Conditions
23. Allowances
24. Travelling
Time
25. Miscellaneous
Statutory Provisions
26. Grievance
and Dispute Settlement Procedure
27. Training
28. Traineeships
29. Superannuation
30. Annualised
Salaries
31. State Wage
Case Adjustment
32. Anti-Discrimination
33. Redundancy
34. Area,
Incidence and Duration
35. Leave
Reserved
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Other Rates and Allowances
Table 3 - Base Rate
Table 4 - Supplementary Payments
PART C
TRAINEE MONETARY RATES
Table 1 - Industry/Skill Level A
Table 2 - Industry/Skill Level B
Table 3 - Industry/Skill Level C
Table 4 - School Based Traineeships
APPENDIX A - Skills Levels for Qualifications
2. Rates of Pay
(a) Weekly Rates -
The rates paid to an employee in the classification set out in clause 3,
Classifications will be as set out in (i) of Table 1‑
Rates of Pay, of Part B, Monetary.
NOTE: These rates are fixed in relation to the
tradesperson (C10) classification in the Federal Metal Industry Award. The
relativities fixed in relation to that classification are:
|
(i)
|
Level 1
|
78%
|
|
(ii)
|
Level 2
|
82%
|
|
(iii)
|
Level 3A
|
87.4%
|
|
(iv)
|
Level 3B
|
91.5%
|
|
(v)
|
Level 4
|
92%
|
|
(vi)
|
Level 5
|
100%
|
|
(vii)
|
Level 6
|
115%
|
The wages payable to employees under this award are
inclusive of any payment by way of commissions or other similar payments to the
extent that commissions or other similar payments match the total Supplementary
Payments in Table 4 - Supplementary Payments, of Part B.
(b) Junior Rates -
A junior employee engaged at level 1, 2 or 3 will be paid the following for
that level:
|
Percentage of Appropriate
Adult Rate
|
%
|
|
At sixteen years and
under
|
55%
|
|
At seventeen years
|
65%
|
|
At eighteen years
|
75%
|
|
At nineteen years
|
85%
|
|
At twenty years
|
100%
|
Provided that employees who hold recognised industry-wide
qualifications and are required to act upon them at 18 years or older with at
least 12 months experience will be paid the full adult rate of pay.
(c) Supervisory
Loadings - an employee appointed by an employer to supervise other employees will
be paid, in addition to the rates of pay prescribed in subclause (a) of this
clause, the following amount per week specified in Table 2 - Other Rates and
Allowances, of Part B as follows:
In charge of up to 5 employees - Item 1;
In charge of 6 and up to 10 employees - Item 2;
In charge of 11 or more employees - Item 3;
or pro rata amount per engagement for part‑time
and casual employees.
(d) For the
calculation of the casual hourly rate refer to clause 5, Casual Employment.
3. Classifications
Level 1 - A level 1 employee is an employee who is
undertaking training which may include information on the employer’s business,
conditions of employment, introduction of supervisors and fellow workers,
training and career path opportunities, workplace health and safety, equal
employment opportunities and quality assurance.
An employee at this level performs routine duties
essentially of a manual nature and to the level of their training:
exercises minimal judgement;
works under direct supervision;
is undertaking structured training/learning in the
following areas:
- clerical assistant duties including switchboard
operation, reception, information services, taking bookings;
- providing general assistance to employees of a higher
grade, not including cooking or direct service to customers;
- cleaning, tidying and setting up of kitchen, food
preparation and customer service areas, including cleaning of equipment,
crockery and general utensils;
- assembly and preparation of ingredients for cooking;
- handling pantry items and linen;
- setting and/or wiping down tables, removing food
plates, emptying ashtrays and picking up glasses;
- general cleaning, gardening
and labouring tasks
- door duties, attending a cloakroom or car park not
involving the handling of cash
Level 2 - A Level 2 employee is an employee who has
completed at least three months or in the case of a casual or part time
employee, 456 hours training at Level 1 so as to
enable them to perform work within the scope of this level. An employee at this level:
performs work above and beyond the skills of an
employee at Level 1 and to the level of their training.
works from instructions or procedures and works under
direct supervision either individually or in a team environment.
is primarily engaged in one or more of the following
duties:
- overseeing pool activities;
- assisting with classes and directing leisure
activities in a recreational complex;
- attending to equipment and displays, e.g. pool attendant;
- providing customer advice, sales and services;
- operating switchboard and/or telephone paging system;
- clerical duties, involving intermediate keyboard
skills with instructions;
- programme/ticket selling and general sales involving
receipt of monies and giving change, including operation of cash registers, use
of electronic swipe input devices - laundry and/or cleaning duties involving
the use of cleaning equipment and/or chemicals;
- maintaining general presentation of grounds;
- door duties, attending a cloak room or car park;
- serving from a snack bar, buffet or meal counter;
- supplying, dispensing or mixing of liquor, including
cleaning of bar area and equipment, preparing the bar for service, taking
orders and serving drinks;
- non-cook duties in a kitchen.
Level 3A - A Level 3A employee has completed structured
training (which may include formal Life Saving, Rescue and Resuscitation
Training) recognised by the industry as relevant and appropriate to perform
within the scope of this level.
is responsible for the quality of their own work
subject to routine supervision either individually or in a team environment;
exercises discretion within their level of skills and training;
assists in the provision of on-the-job training of
employees at Levels 2 and 1 where applicable.
Indicative of some of the duties which an employee at
this level may perform include:
- pool attendant (Lifeguard) involved in overseeing pool
activities under supervision by a more qualified employee;
- Instructor who works directly with more qualified
staff to provide supervision of a group or individual fitness activity or
program, only after commencing a recognised course or undertaking accredited training;
- Aerobics instructor undertaking accredited training
with less than 12 months experience in the industry;
- recreational/leisure activities, involving the
planning, and/or co-ordinating and/or conduct of individual leisure, games, promotional
and/or entertainment activities;
- masseur with less than 12 months experience in the industry;
- supervision of front desk, including customer liaison
and rostering of front office staff;
- building service employee who undertakes maintenance
and/or restoration of hard floor surfaces, including buffing and sealing and/or
operating ride on powered sweeping machines;
- gardener/grounds maintenance employee not possessing
trade qualifications (and not employed as green keeper);
- maintenance of machinery, plant and technical
equipment (non trade
qualifications), including a trade assistant undertaking formal training who
takes direction from a more qualified employee;
- preparing and cooking a limited range of basic food
items such as breakfasts, grills and snacks;
- security work requiring the holding of an appropriate
license
- reconciling cash transactions;
- ordering stock;
- undertakes routine chemical testing under technical
supervision
Level 3B - Weight loss counsellor who develops
nutritional plans and weight loss programs and who weighs and measures and
records clients’ progress.
Level 4 - An employee at this level must be capable of
performing the indicative skills of a Level 3A employee and must also be able
to work from complex instructions in the following areas:
Aerobics instructor who has undertaken accredited
training plus who has a minimum of 12 months of regular employment in the industry;
Masseur with more than 12 months experience in the industry;
Caretaker who is responsible for maintaining general
site appearance and supervising or co-ordinating the work of building services
/ grounds employees at lower levels.
Progression to Level 5 will be dependent upon
successful application and availability of position
Level 5 - An employee who is qualified in a trade
recognised by the industry as relevant and appropriate to the work performed,
and who is competent to perform work within the scope of this level.
An employee at this level is responsible for
supervision, training and co-ordination (including
rostering) of employees within their respective work area to ensure delivery of
service. An employee at this level is
one who performs the following range of tasks or duties:
- Instructor (including Aerobics instructor) who
conducts more than one level or type of class or activity and who may assist in
the design and delivery of programs and is capable of assessing participants;
- Lifeguard holding relevant industry qualifications at
trade or equivalent level;
- Weight loss counsellor responsible for co-ordinating
or supervising the work of employees at lower levels;
- Trade qualified in a single trade stream and who is
responsible for giving trade directions for Levels 1 to 4;
- Employee performing horticultural duties at a
Certificate or equivalent level.
- Building Maintenance supervisor involved in
supervising the general maintenance of buildings and work of employees at
Levels 1 to 4;
Level 6 - An employee who is engaged in supervising, training and co-ordinating staff and who is responsible for
the maintenance of service and operational standards, and who exercises
substantial responsibility and independent initiative and judgement with a
requisite knowledge of their specific field and of the employer’s business.
An employee at this level would have:
worked or studied in a relevant field and/or have
specialist knowledge, qualifications and experience;
or
hold formal trade or technical qualifications relevant
to the employer in more than one trade or technical field; which are required
by the employer to perform the job; or
hold specialist post trade qualifications which are
required by the employer to perform the job and will have achieved a level or
organisation or industry specific knowledge sufficient for them to give advice
and/or guidance to their organisation and/or clients in relation to specific
areas of their responsibility.
Indicative of duties at this level are:
- General supervision of catering or retail functions;
- Centre administration involving supervision of staff
and systems and co-ordinating events;
- development of in-house training programs for
instructors and co-ordinators
NOTE: Where supervision is a feature or responsibility
of the Level, the supervisory loading referred to in subclause (c), of Clause
2, Rates of Pay, will not be payable.
FURTHER NOTE: The definitions contained in the
classification structure above will have no application to a person employed in
a managerial capacity (including a manager employed in a Weight Loss Centre)
that is a person who is employed primarily to control the conduct of the
employer’s business either in whole or in part and who in the performance of
his/her duties regularly makes decisions and accepts responsibility on matters
relating to the administration and conduct of business.
4. Terms of Engagement
(a) An employee
will be employed as one of the following:
(i) a
full-time employee;
(ii) a part-time employee;
(iii) a casual
employee
(b) The employment
of employees (excluding casual employees) may be terminated by one week's
notice on either side which may be given at any time or by the payment by the
employer or forfeiture by the employee of a week's pay 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 malingering, inefficiency, neglect of duty
or misconduct.
(c) Trial Period -
Notwithstanding anything elsewhere contained in this clause, the first three
months of employment will be on a trial basis and may be terminated by two
days' notice by either side, or by the payment in lieu by
the employer or forfeiture by the employee, of two days' wages.
(d) Notwithstanding
anything contained in this award, an employer may deduct payment of wages for
any day, or part thereof, on which an employee cannot be usefully employed
because of:
(i) any
strike;
(ii) any breakdown
of machinery; or
(iii) any stoppage of
work unavoidable by the employer.
5. Casual Employment
(a) Casual
employees are persons engaged and paid as such.
(b) A casual
employee will be engaged either on an ordinary or "all‑up"
basis as detailed below:
(i) Ordinary
Casual - An ordinary casual will be paid 1/38 of the appropriate weekly rate
plus:
(1) a 15 per cent
loading (except when Saturday, Sunday, public holiday
or night work penalties are paid); and
(2) the equivalent
of one‑twelfth of the ordinary hourly rate of pay for a full-time
employee for each hour worked.
The payments specified in this subclause include
statutory obligations under the Annual Holidays Act 1944.
An ordinary casual employee will be paid for a minimum
engagement of three hours.
(ii) All‑up
Casual - An all-up casual will be paid 1/38 of the appropriate weekly rate plus
a loading of 30 per cent for each hour worked.
This 30 per cent loading includes statutory obligations
under the Annual Holidays Act 1944, and the loadings applicable under
this award for work on Saturdays, Sundays, public holidays and at night.
An all‑up casual employee will be paid for a
minimum engagement of three hours.
Provided that where an employer has been engaging casual(s) for periods
of less than three hours prior to the commencement of this award, they may
continue to do so, subject to a minimum engagement of one hour and a half. Also provided that an all‑up casual
employee involved in the presentation or conducting of sports games/training (e.g. instructors) will be paid for a minimum engagement of
one hour.
5A. Secure Employment
(a) 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.
(b) 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 six months will thereafter have the right to elect to have
their 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 six months. However, the employee retains their 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 paragraph (b)(i),
upon receiving notice under paragraph (b)(ii) or after the expiry of the time
for giving such notice, may give four weeks’ notice in writing to the employer
that they seek to elect to convert their ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer must consent to or refuse the election,
but must not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so must be fully stated and discussed with the
employee concerned, and a genuine attempt must 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 their contract of employment converted to
full-time or part-time employment in accordance with paragraph (b)(iii), the
employer and employee must, in accordance with this paragraph, and subject to
paragraph (b)(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 their 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 their 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 paragraph (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 must 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.
(c) 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 must 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.
(d) 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 disputes settlement procedure of this award.
(e) 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.
6. Part-time
Employment
(a) A part‑time
employee is a permanent employee engaged to work less than an average of 38-
hours per week over any 28-day period, but not less than 15 hours per fortnight
and who is not engaged and paid as a casual.
(b) A part‑time
employee will be engaged in writing, detailing their minimum weekly hours and
method of engagement.
(c) A part-time
employee will be paid an hourly rate equivalent to the appropriate weekly rate
divided by 38 with a minimum shift of three consecutive hours.
(d) Part-time
employees will receive the same benefits as apply to full‑time employees
under this award but on a pro rata basis.
(e) A part‑time
employee can be required to work more than one shift on any day. Provided that the total shifts on any day
will not be less than three hours in duration and there will be not more than
two such shifts per day within a span of 12 hours from the start of the first
such shift to the end of the second such shift, exclusive of any breaks.
7. Hours of Work
(a) Subject to
subclause (g) of this clause, the ordinary hours of work will be not more than
an average of 38 per week to be worked on one of the following bases:
(i) 38
hours within a work cycle not exceeding seven consecutive days;
(ii) 76 hours within
a work cycle not exceeding 14consecutive days; or
(iii) 152 hours
within a work cycle not exceeding 28 consecutive days.
The hours of work are to be worked each day in either
one or two shifts totalling not more than:
(i) 10
hours for full-time employees.
(ii) 10 hours for
part-time employees, subject to subclause (e) of clause 6, Part-time
Employment.
(iii) Eight hours for
casual employees.
exclusive of any breaks.
(b) All employees
will be notified by the employer of their working shifts by means of a roster
placed in the staff room for each employee's perusal. At least seven days’
notice will be given to the employee should any alteration of the working hours
be intended, except in the case of emergency or where the employee(s) agrees to
the alteration.
(c) Each employee
will have an average of two days off in each week of employment in a 28-day
period. Such two days will be consecutive if it is reasonably possible to
arrange rosters accordingly.
(d) An employee
will be paid a loading of 30 per cent for ordinary hours worked between
midnight and 6.00 a.m. on all occasions.
(e) An employee who
is principally engaged as a cleaner will be paid a loading of 15 per cent for
ordinary hours worked between 6.00pm and midnight. This loading is not payable
on weekends or public holidays.
(f) Full-time and
part-time employees will be given 10 clear hours off between finishing work on
one ordinary shift and starting work on the next ordinary shift on consecutive
days or be paid overtime for all time worked until the employee has had ten
clear hours off.
(g) Employees in
Weight Loss Centres - the ordinary hours of work for employees in weight loss
centres covered by this award will be 38 per week between the hours of 6.00 am
to 8.00 pm, Monday to Friday, and 8.00 am to 6.00 pm on a Saturday.
(h) Make-up Time -
(i) 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.
(ii) 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 and works
those hours at a later time), at the shift work rate
which would have been applicable to the hours taken off.
8. Overtime
(a) All work
performed in excess of the hours prescribed in
subclause (a) of clause 7, Hours of Work, will be overtime.
(b) Overtime will
be paid at the rate of time and a half for the first two hours and double time
thereafter on a daily basis, calculated on:
(i) The
ordinary rate of pay for weekly employees;
(ii) The loaded
casual rate (i.e. 15 per cent or 30 per cent loading)
for casual employees
(c) Reasonable
Overtime
(i) Subject
to paragraph (ii) below, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for in this award.
(ii) An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours, which are unreasonable.
(iii) For the
purposes of paragraph (ii) what is unreasonable or otherwise will be determined
having regard to:
(1) any risk to
employee health and safety;
(2) the employee's
personal circumstances including any family and carer responsibilities;
(3) the needs of
the workplace or enterprise;
(4) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(5) any other
relevant matter.
(d) When overtime
work is necessary it will, wherever reasonably practicable, be arranged that employees have at least 10 consecutive hours off duty
between the work of successive days. An
employee (other than a casual employee) who works so much overtime between the
termination of ordinary work on one day and the commencement of ordinary work
on the next day, and that employee has not had at least 10 consecutive hours
off duty between those times, will be released after completion of such
overtime until 10 consecutive hours off duty has been allowed without loss of
pay for ordinary working time occurring during such absence.
When such a break is not granted by the employer, the
employee will be paid double time for all time worked until the appropriate
break is granted.
(e) Time Off in
Lieu of Payment for Overtime
(i) Prior
to working overtime, 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.
(ii) Overtime taken
as time off during ordinary time hours will be taken at the ordinary time rate,
that is an hour for each hour worked.
(iii) If, having
elected to take time as leave in accordance with paragraph (i)
of this subclause, the leave is not taken for whatever reason payment for time
accrued at overtime rates will be made at the expiry of the 12
month period or on termination.
(iv) Where no
election is made in accordance with the said paragraph (i),
the employee will be paid overtime rates in accordance with the award.
9. Saturday and Sunday
Work
(a) All ordinary
work on a Saturday will be paid at the employee's ordinary‑time
classification rate of pay plus a penalty equal to 25 per cent of the
employee's ordinary-time classification rate of pay.
(b) All ordinary
work on a Sunday will be paid at the employee's ordinary‑time
classification rate of pay plus a penalty equal to 50 per cent of the
employee's ordinary‑time classification rate of pay.
10. Public Holidays
(a) Employees,
other than casual employees, will be entitled to the following public holidays
without deduction of pay: New Year's Day, Australia Day, Labour Day, Good
Friday, Easter Saturday, Easter Monday, Anzac Day, Birthday of the Sovereign,
Christmas Day, Boxing Day, and any other day or days gazetted as public
holidays will be public holidays for the purposes of this clause.
Provided that the abovementioned holidays may be substituted
for another day off, by agreement between the employer and the employee(s), to
be taken within one month of the said holiday or adjacent to a period of annual
leave.
(b) In addition to
the holidays specified in subclause (a) of this clause, an employee will be
entitled to one additional day as a public holiday in each calendar year. Such
additional holiday will be observed on the day when the
majority of employees in an establishment observed a day as an
additional holiday or on another day mutually agreed between the employer and
the employee. The additional holiday is not cumulative and must be taken within
each calendar year.
(c) Where an
employee is absent from employment on the working day (or part thereof) before,
or the working day (or part thereof) after a public holiday (or group of public
holidays) without reasonable cause, onus of proof of which will lie with the
employee, the employee will not be entitled to payment for the holiday(s)
succeeding or preceding the absence.
(d) For all work
performed on a public holiday an employee will be paid at double time and a
half.
11. Payment of Wages
(a) All employees
are to be paid either weekly, fortnightly or monthly,
provided that if demanded by the employee, they will be paid at least once each
fortnight.
(b) Wages will be
paid at the election of the employer by:
(i) cash;
or
(ii) cheque; or
(iii) electronic
funds transfer (EFT).
An employer will be required to give reasonable notice
to employees of any decision to change the method of payments of wages.
(c) Written details
of all payments and deductions from wages must be supplied to employees.
12. Higher Duties
An employee transferred to work in a classification
that provides for a rate of pay higher than the employee's own ordinary rate
will be paid at such higher rate during the period of transfer, such payment to
continue for a minimum period of one hour.
13. Meal Breaks
(a) Meal breaks will
be not less than 30-minutes and not more than one hour.
(b) Such meal
breaks are to be commenced not more than five hours after commencing work.
(c) If the
employees are required to work during the time when a meal break should be
allowed pursuant to this clause, they will be paid for such time at the
appropriate overtime rate and the meal break will be postponed to another
mutually convenient time.
(d) No part of the
time taken as a meal interval will be counted as part of the ordinary hours of
work.
(e) Where
practicable a paid tea break may be allowed each day for full‑time
employees. Provided that the taking of such break(s) will be subject to the
workload of the business.
(f) Subject to (c),
no employee will be required to work more than five consecutive hours without a
break.
14. Sick Leave
An employee, other than a casual employee with not less
than three months' continuous service with the employer who, by reason of
personal ill-health, is unable to attend for duty will be entitled to ordinary
rates of pay for the actual time of such non-attendance, subject to the
following conditions and limitations.
(a) The employees
will not be entitled to paid leave of absence for a period in respect of which
the employee is entitled to compensation under the Workplace Injury
Management and Workers' Compensation Act 1998.
(b) The employee
wherever possible must, prior to the commencement of such absence, inform the
employer of the employee's inability to attend for duty and, as far as
practicable, state the nature of the injury or illness and the estimated
duration of absence.
(c) The employee
must provide, to the satisfaction of the employer, by the production of a
medical certificate or such other evidence as may be acceptable to the
employer, that they were unable, on account of illness or injury, to attend for
duty on the day or days for which sick leave is claimed.
(d) An employee
will be entitled to be paid sick leave according to the following scale:
(i) During
the first year of service - 38 hours.
(ii) During the
second year of service - 60.8 hours.
(iii) During the
third and subsequent years of service - 76 hours.
Provided that the sick leave entitlement under this clause
may be accumulated, subject to continuous employment, for a maximum of 228
hours in addition to the current year's entitlement.
(e) For absences
adjacent to public holidays, refer to subclause (c) of clause 10, Public
Holidays.
15. Personal/Carer's
Leave
(a) Use of Sick
Leave -
(i) An
employee, other than a casual employee, with responsibilities in relation to a
class of person set out in 15(iii)(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.
(ii) The employee
must, 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.
(iii) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care and support of the person concerned; and
(2) the person
concerned being:
(A) a spouse of the
employee; or
(B) a de facto spouse,
who, in relation to a person, is a 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
(C) 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
(D) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(E) a relative of
the employee who is a member of the same household, where for the purposes of
this paragraph:
" 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.
(iv) An employee
must, 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 leave and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee must 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
must 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 26, Grievance and Dispute Settlement Procedure,
should be followed.
(b) Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 15(a)(ii) and 15(a)(iv) 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(iii)(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
must 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 3(a)(ii) and 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
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 must 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 must
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
must 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. Unpaid Leave for
Family Purpose
(i) 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(iii)(2) above who is ill or who requires care due to an
unexpected emergency.
17. Annual Leave
(a) See Annual
Holidays Act 1944. Reference should
also be made to subclause (b) of clause 5, Casual Employment.
(b) Annual Leave -
(i) An
employee may elect, with the consent of the employer to take annual leave not
exceeding 10 days in single-day periods, or part thereof, in any calendar year
at a time or times agreed by the parties.
(ii) Access to
annual leave, as prescribed in paragraph (a) of this subclause, will be
exclusive of any shutdown period provided for elsewhere under this award.
(iii) An employee and
employer may agree to defer payment of the annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
(c) 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.
18. Annual Leave
Loading
(a) Each employee,
other than a casual employee, before going on any period of annual leave will
for each week of such leave be paid an annual leave loading at the rate of 17½
per cent of the ordinary weekly rate of pay prescribed herein for such
employee.
(b) No loading is
payable to an employee who takes leave wholly or partly in advance. Provided
that if the employment of such an employee continues until the day when they
would have become entitled to annual leave, the loading then becomes payable in
respect of the period of such leave and is to be calculated by applying the
award rates of wages applicable on that day.
(c) No loading is
payable on the termination of an employee's employment.
19. Compassionate
Leave
(i) An
employee, other than a casual employee, will be entitled to up to two days
compassionate leave, without deduction of pay, on each occasion of the death of
a person within Australia as prescribed in subclause (iii) of this clause.
Where the death of a person as prescribed by the said subclause (iii) occurs
outside Australia, the employee will be entitled to three days compassionate
leave where the person travels overseas to attend the funeral.
(ii) The employee
must notify the employer as soon as practicable of the intention to take
compassionate leave and will provide to the satisfaction of the employer proof
of death.
(iii) Compassionate
leave will be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer's leave as set out in
subparagraph (2) of paragraph (iii) of subclause (a) of Clause 15,
Personal/Carer's Leave, provided that for the purpose of compassionate leave,
the employee need not have been responsible for the care of the person
concerned.
(iv) An employee will
not be entitled to bereavement leave under this clause during any period in
respect of which the employee has been granted other leave.
(v) Compassionate leave
may be taken in conjunction with other leave available under paragraph (iv)
subclause (a) of the said clause 15, and clause 16, Unpaid Leave for Family
Purpose. In determining such a request, the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(vi) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 19(ii) 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(iii)(2) of clause 15, Personal/Carer's
Leave.
(b) 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.
(c) 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.
20. Jury Service
(a) An employee,
other than a casual employee, required to attend for jury service during their
ordinary working hours will be reimbursed by the employer an amount equal to
the difference between the amount paid in respect of their attendance for such
jury service and the amount of wages they would have
received in respect of the ordinary time they would have worked had they not
been on jury service.
(b) An employee
will notify the employer as soon as possible of the date upon which they are
required to attend for jury service.
Also, the employee will give the employer proof of their attendance, the
duration of such attendance and the amount received in respect of such jury
service.
21. First-Aid
(a) An employee
appointed by the employer to perform first-aid duties and who holds a first-aid
certificate will be paid an additional amount per week as set out in Item 4 of
Table 2 of Part B or per shift as set out in Item 4 of Table 2 of Part B.
This allowance will not be regarded for calculating
other payments arising from this award.
(b) First-aid Kits
- See Work Health and Safety Act 2011
(First-aid Regulation).
22. General Conditions
(a) A sufficient
supply of boiling or purified water will be provided at meal hours for all
employees.
(b) A lunch room, which may be an area separated by a partition
(mobile or otherwise) from the public and is separated from any dressing room,
will be provided by the employer.
(c) A lockable
cabinet, cupboard, drawer or locker where employee's
valuable may be stored will be provided by the employer.
(d) Access to
suitable lavatory facilities, in close proximity to the work
station, will be provided by the employer.
(e) Where required,
an employee working outdoors will be supplied with wet weather gear, footwear and adequate reflective clothing.
23. Allowances
(a) Stocking
Allowance - Employees will be paid a stocking allowance as set out in Item 5 of
Table 2 of Part B, if they are required by the
employer to wear stockings in the course of their employment. This allowance
will only apply to employees employed in Weight Loss Centres.
(b) Toilet Cleaning
Allowance - A cleaner required to clean lavatories will be paid an allowance as
set out in Item 5 of Table 2 of Part B. Lavatories of both sexes can be cleaned
by cleaners regardless of their gender identity as long as
appropriate steps are taken to ensure that the lavatories are not in use at the
time of cleaning. This allowance will not be payable to employees required to
clean toilets as an ancillary function to their normal duties.
(c) Laundry
Allowance - Where a Weight Loss Centre requires an employee to wear a uniform
or clothing, the Weight Loss Centre will supply and maintain such uniforms,
free of charge to the employee by the Weight Loss Centre laundering or dry
cleaning such uniform or clothing.
Provided that a laundry allowance as set out in Item 5 of Table 2 may be
paid in lieu.
(d) Broken Shift
Allowance - part-time or full-time employees working broken shifts as provided
for in subclause (e) of Clause 6, Part-time Employment
and clause 7, Hours of Work, will be paid the additional allowances as set out
in Item 5 of Table 2.
24. Travelling Time
If an employee is temporarily transferred from the
usual place of employment, the employee will be reimbursed any extra cost of
travelling and will be paid for any excess time occupied in travelling.
25. Miscellaneous
Statutory Provisions
(a) Long Service
Leave - Long Service Leave Act 1955.
(b) Parental Leave
- See Industrial Relations Act 1996 (Chapter 2, Part 4, Division 1).
(c) Particulars of
wages to be supplied to employees - See Industrial Relations Act 1996
(Section 123).
(d) Time and pay
sheets to be kept - See Industrial Relations Act 1996 (Section 129).
26. Grievance and
Dispute Settlement Procedure
Subject to the Industrial Relations Act 1996
grievances or disputes will be dealt with in the following manner:
(a) The employee is
required to notify (in writing or otherwise) the employer as to the substance of
the grievance, requesting a meeting with the employer for bilateral discussions
and state the remedy sought. This meeting must take place within two working
days of the issue arising (weekends and holidays excepted).
(b) If agreement is
not reached, the matter must then be referred by the employer to a higher
authority (where this exists) not later than three working days after (a) above
(weekends and holidays excepted). 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 (in writing or otherwise) for not
implementing any proposed remedy.
(c) If the matter
is still not settled within a reasonable period of time,
it may be referred/notified to the Industrial Relations Commission for
settlement by either party.
(d) While a
procedure is being followed, normal work must continue.
(e) The employer
may be represented by an industrial organisation of employers and the
employees(s) may be represented by the Union for the purposes of each step of
the procedure.
(f) The foregoing
disputes settlement procedure is not mandatory for an employee of a small
business employer. For the purposes of this subclause a small business employer
is defined as:
(i) an
employer of fewer than 20 employees; or
(ii) an employer
with a management structure under which all persons employed by the employer
are subject to the direct supervision and control of the employer or the chief
executive of the employer.
27. Training
The parties acknowledge that varying degrees of
training are provided to employees, both via internal, on the job and through
external training providers.
The parties commit themselves to continuing such
training as is regarded by them as appropriate and improving training in cases
where this is required.
It is agreed that the parties will co‑operate in
ensuring that appropriate training is available for all employees and the
parties agree to co‑operate in encouraging both employers and employee to
avail themselves of the benefits to both from such training.
28. Traineeships
(i) Application
-
(a) Subject to
paragraph (c) of this subclause, and clause 34, Area, Incidence and Duration
this clause will apply to persons who are undertaking a traineeship (as
defined) and is to be read in conjunction with this award.
(b) Notwithstanding
(a), this clause will apply provisionally for an interim period:
(i) Starting
upon the commencement date as recorded on a valid "Application to
Establish a Traineeship" signed by both the employer and the Trainee,
which has been lodged with the Commissioner for Vocational Training; and
(ii) Ending at the
time the employer is notified that the establishment of the traineeship has
been approved, or at the end of the probationary period, whichever is the
later.
(c) This award or
any former industrial agreement of the Industrial Relations Commission of New
South Wales will apply, except where inconsistent with this clause.
(d) Notwithstanding
the foregoing, this clause will not apply to employees who were employed by an
employer under this award referred to in paragraph (a) of this subclause prior
to the date of approval of a traineeship relevant to the employer, except where agreed upon between the employer and the relevant
union(s).
(e) This clause
does not apply to the apprenticeship system or any training program which
applies to the same occupation and achieves essentially the same training
outcome as an existing apprenticeship in an award as at
27 April 1998, or in an award that binds the employer. This clause only applies
to AQF IV traineeships when the AQF III traineeship in the training package is
listed in Appendix A to this award. Further, this award also does not apply to
any certificate IV training qualification that is an extension of the
competencies acquired under a certificate III qualification which is excluded
from this clause due to the operation of this subclause.
NOTATION: - The abbreviation ‘AQF’ means Australian
Qualification Framework.
(f) At the
conclusion of the traineeship, this clause will cease to apply to the
employment of the trainee and the rest of this award will apply to the former
trainee.
(ii) Objective - The
objective of this clause is to assist in the establishment of a system of
traineeships which provides approved training in conjunction with employment to
enhance the skill levels and future employment prospects of trainees,
particularly young people, and the long term unemployed. The system is neither designed nor intended
for those who are already trained and job ready. It is not intended that
existing employees will be displaced from employment by trainees. Nothing in
this clause will be taken to replace the prescription of training requirements
in the award.
(iii) Definitions
Structured Training means that training which is
specified in the Training Plan which is part of the Training contract
registered with the relevant NSW Training Authority. It includes training undertaken both on and
off-the-job in a Traineeship and involves formal instruction, both theoretical
and practical, and supervised practice.
The training reflects the requirements of a Traineeship approved by the
relevant NSW Training Authority and leads to a qualification set out in
paragraph (f) of subclause (iv) of this clause.
Relevant Union means a union party to the making of
this award and which is entitled to enrol the Trainee as a member.
Trainee is an individual who is a signatory to a
Training contract registered with the relevant NSW Training Authority and is
involved in paid work and structured training which may be on or off the
job. A trainee can be full-time, part-time or school-based.
Traineeship means a system of training which has been
approved by the relevant NSW Training Authority and includes full time
traineeships and part time traineeships including school-based traineeships.
Training contract means an instrument which establishes
a Traineeship under the Apprenticeship
and Traineeship Act 2001 (NSW).
Training Plan means a programme of training which forms
part of a Training contract registered with the Relevant NSW Training
Authority.
School-Based Trainee is a student enrolled in the
Higher School Certificate, or equivalent qualification, who is undertaking a
traineeship which forms a recognised component of their HSC curriculum and is
endorsed by the relevant NSW Training Authority and the NSW Education Standards
Authority as such.
Relevant NSW Training Authority means the Department of
Education and Training, or successor organisation.
Year 10 - For the purposes of this clause, any person
leaving school before completing Year 10 will be deemed to have completed Year
10.
(iv) Training Conditions
(a) The Trainee
will attend an approved training course or training program prescribed in the
Traineeship contract or as notified to the trainee by the relevant NSW Training
Authority in an accredited and relevant traineeship.
(b) A Traineeship
will not commence until the relevant Training contract, has been signed by the
employer and the trainee and lodged for registration with the relevant NSW
Training Authority.
(c) The employer
will ensure that the Trainee is permitted to attend the training course or
program provided for in the Traineeship contract and will ensure that the
Trainee receives the appropriate on-the-job training.
(d) The employer
will provide a level of supervision in accordance with the Training contract
during the traineeship period.
(e) The employer
agrees that the overall training program will be monitored by officers of the
relevant NSW Training Authority and that training records or workbooks may be
utilised as part of this monitoring process.
(f) Training will
be directed at:
(i) the
achievement of key competencies required for successful participation in the
workplace (e.g. literacy, numeracy, problem solving,
teamwork, using technology) and an Australian Qualification Framework
Certificate Level I.
This could be achieved through foundation competencies
which are part of endorsed competencies for an industry or enterprise; and/or
(ii) the achievement
of key competencies required for successful participation in an industry or
enterprise (where there are endorsed national standards these will define these
competencies) as are proposed to be included in an Australian Qualification
Framework Certificate Level II or above.
(v) Employment
Conditions
(a) A Trainee will
be engaged as a full-time employee for a maximum of one year's duration or a
part-time trainee for a period no greater than the equivalent of one-year
full-time employment.
For example, a part-time trainee working 2½ days per
week (including the time spent in approved training) works (and trains) half
the hours of a full-time trainee and therefore their traineeship could extend
for a maximum of two years.
In any event, unless the relevant NSW Training
Authority directs, the maximum duration for a traineeship will be 36 months.
By agreement in writing, and with the consent of the
relevant NSW Training Authority, the relevant employer and the Trainee may vary
the duration of the Traineeship and the extent of approved training provided
that any agreement to vary is in accordance with the relevant Traineeship.
(b) A trainee will
be subject to a satisfactory probation period of up to one month which may be
reduced at the discretion of the employer.
(c) Where the
trainee completes the qualification in the Training contract, earlier than the
time specified in the Training contract then the traineeship may be concluded
by mutual agreement.
(d) A traineeship
must not be terminated before its conclusion, except in accordance with the Apprenticeship and Traineeship Act 2001
(NSW), or by mutual agreement.
An employer who chooses not to continue the employment
of a trainee upon the completion of the traineeship must notify, in writing,
the relevant NSW Training Authority of their decision.
(e) The Trainee
will be permitted to be absent from work without loss of continuity of
employment and/or wages to attend the approved training in accordance with the
Training contract.
(f) Where the
employment of a Trainee by an employer is continued after the completion of the
traineeship period, such traineeship period will be counted as service for the
purposes of any award or any other legislative entitlements.
(g)
(i) The
Training contract may restrict the circumstances under which the Trainee may
work overtime and shift work in order to ensure the
training program is successfully completed.
(ii) No Trainee will
work overtime or shift work on their own unless consistent with the provisions
of this award.
(iii) No Trainee will
work shift work unless the relevant parties to this award agree that such shift
work makes satisfactory provision for Structured Training. Such training may be
applied over a cycle in excess of a week, but must
average over the relevant period no less than the amount of training required
for non-shift work Trainees.
(iv) The Trainee wage
will be the basis for the calculation of overtime and/or shift penalty rates
prescribed by this award.
(h) All other terms
and conditions of this award will apply.
(i) A
Trainee who fails to either complete the Traineeship or who cannot for any
reason, be placed in full time employment with the employer on successful
completion of the Traineeship will not be entitled to any severance payment.
The following employment conditions apply specifically
to part-time and school-based trainees
(j) A part-time
trainee will receive, on a pro rata basis, all employment conditions applicable
to a full-time trainee. All the
provisions of this award will apply to part time trainees except as specified
in this clause.
(k) A part time
trainee may, by agreement, transfer from a part time to a fulltime traineeship
position should one become available.
(l) The minimum
daily engagement periods applying to part-time employees specified in this
award will also be applicable to part time trainees.
Where there is no provision for a minimum daily
engagement period in this award or other industrial instrument(s), applying to
part-time employees, then the minimum start per occasion will be three
continuous hours, except in cases where it is agreed that there will be a start
of two continuous hours, on two or more days per week, provided that:
(i) a
two hour start is sought by the employee to
accommodate the employee’s personal circumstances, or
(ii) the place of
work is within a distance of 5km from the employee’s
place of residence.
(m) School-based
trainees will not be required to attend work during the interval starting four
weeks prior to the commencement of the final year Higher School Certificate
Examination period and ending upon the completion of the individual’s last HSC
examination paper.
(n) For the purposes
of this clause, a school-based trainee will become an ordinary trainee as at January 1 of the year following the year in which they
ceased to be a school student.
(vi) Wages -
Wages - Full-Trainees -
(a) The weekly
wages payable to full time trainees will be as prescribed in Part C of the award,
as follows:
|
Industry/Skill
Level A
|
Table 1A
|
|
Industry/Skill
Level B
|
Table 1B
|
|
Industry Skill
Level C
|
Table 1C
|
|
School-Based
Trainees
|
Table 1D
|
(b) These wage rates
will only apply to Trainees while they are undertaking an approved Traineeship
which includes approved training as defined in this clause.
(c) The wage rates
prescribed in this clause do not apply to complete trade level training which
is covered by the Apprenticeship system.
(d) The rates of pay
in this award include the adjustments payable under the State Wage Case 2021.
These adjustments may be offset against:
(i) any
equivalent over-award payments; and/or
(ii) award wage increases
other than State Wage Case adjustments
(e) Appendix A sets
out the rate of pay or skill level of a Traineeship. Where the actual traineeship is listed in
Appendix A, the rate of pay or skill level in respect of the traineeship is
determinative of the actual rate of pay or skill levels (i.e.
skill levels A, B or C) that are contained in the Traineeship. Where the traineeship is not listed in
Appendix A, the skill levels in Appendix A are illustrative of the appropriate
levels but are not determinative of the actual skill levels. The determination
of the appropriate rate of pay or skill level for the purpose of determining
the appropriate wage rate will be based on the following criteria:
(i) Any
agreement of the parties, or submission by the parties;
(ii) The nature of
the industry;
(iii) The total
training plan;
(iv) Recognition that
training can be undertaken in stages;
(v) The exit skill
level in the Parent Award contemplated by the traineeship.
In the event that the parties
disagree with such determination it will be open to any party to the award to
seek to have the matters in dispute determined by the Industrial Relations
Commission of New South Wales.
(f) For the
purposes of this provision, "out of school" will refer only to
periods out of school beyond Year 10, and will be deemed to
(i) include
any period of schooling beyond Year 10 which was not part of nor contributed to
a completed year of schooling;
(ii) include any
period during which a Trainee repeats in whole or part a year of schooling
beyond Year 10;
(iii) not include any
period during a calendar year in which a year of schooling is completed; and
(iv) have effect on
an anniversary date being January 1 in each year.
(g)
(i) Definition
of Adult Trainee
An adult trainee for the purpose of this subclause is a
trainee who would qualify for the highest wage rate in Industry/Skill Level A,
B, or C if covered by that Industry/Skill Level.
(ii) Wage Rates for
Certificate IV Traineeships
(a) Trainees
undertaking an AQF IV traineeship will receive the relevant weekly wage rate
for AQF III trainees at Industry/Skill Levels A, B, or C as applicable with the
addition of 3.8 per cent of that wage rate.
(b) An adult
trainee who is undertaking a traineeship for an AQF IV qualification will
receive the following weekly wage as applicable based on the allocation of AQF
III qualifications:
|
Industry/Skill
Level
|
First
Year of Traineeship
|
Second
Year of Traineeship
|
First
Year of Traineeship
|
Second
Year of Traineeship
|
Second
Year of Traineeship
|
First
Year of Traineeship
|
Second
Year of Traineeship
|
|
|
SWC
2014
|
SWC
2014
|
SWC
2015
|
SWC
2015
|
SWC
2020
|
SWC
2021
|
SWC
2021
|
|
|
2.38%
|
2.38%
|
2.50%
|
2.50%
|
2.50%
|
2.04%
|
2.04%
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
|
Industry/Skill
|
|
|
|
|
|
|
|
|
Level A
|
616.30
|
640.90
|
631.70
|
656.90
|
673.30
|
644.60
|
687.00
|
|
Industry/Skill
|
|
|
|
|
|
|
|
|
Level B
|
594.80
|
616.30
|
609.70
|
631.70
|
647.50
|
622.10
|
660.70
|
|
Industry/Skill
|
|
|
|
|
|
|
|
|
Level C
|
538.50
|
558.00
|
552.00
|
571.95
|
586.20
|
563.30
|
598.20
|
Wages for Part-time and School-Based Trainees -
(a) This clause
will apply to trainees who undertake a traineeship on a part time basis by
working less than full time ordinary hours and by undertaking the approved
training at the same or lesser training time than a full-time trainee.
(b) Table 1 - Hourly
Rates for Trainees Who Have Left School and Table 4 - Hourly Rates for
School-based Traineeships of Part C, Monetary Rates are the hourly rates of pay
where the training is either fully off-the-job or where 20% of time is spent in
approved training. These rates are
derived from a 38-hour week.
(c) The hours for
which payment will be made are determined as follows:
(i) Where
the approved training for a traineeship (including a school
based traineeship) is provided off-the-job by a registered training
organisation, for example at school or at TAFE, these rates will apply only to
the total hours worked by the part-time trainee on-the-job.
(ii) Where the
approved training is undertaken on-the-job or in a combination of on-the-job
and off-the-job, and the average proportion of time to be spent in approved
training is 20% (i.e., the same as for the equivalent full-time traineeship):
(1) If the training
is solely on-the-job, then the total hours on-the-job will be multiplied by the
applicable hourly rate, and then 20 per cent will be deducted.
(2) If the training
is partly on-the-job and partly off-the-job, then the total of all hours spent
in work and training will be multiplied by the applicable hourly rate, and then
20 per cent will be deducted.
Note: 20 per cent is the average proportion of time
spent in approved training which has been taken into account
in setting the wage rates for most fulltime traineeships.
(iii) Where the
normal full time weekly hours are not 38 the appropriate hourly rate may be
obtained by multiplying the rate in the table by 38 and then dividing by the
normal fulltime hours.
(d) For traineeships
not covered by clause 8(b) above, the following formula for the calculation of
wage rates will apply:
The wage rate will be pro-rata the fulltime rates based
on variation in the amount of training and/or the amount of work over the
period of the traineeship which may also be varied on the
basis of the following formula:
|
Wage = Full-time wage rate
|
x
|
Trainee hours - average weekly training time
|
|
|
|
30.4*
|
* NOTE: 30.4 in the above formula represents 38
ordinary fulltime hours less the average training time for full time trainees
(i.e., 20%) a pro rata adjustment will need to be made in the case where the
Parent Award specifies different ordinary fulltime hours: for example where the ordinary weekly hours are 40, 30.4 will be
replaced by 32.
(i) "Full
time wage rate" means the appropriate rate as set out in Table 1 -
Industry/Skill Level A, Table 2 - Industry/Skill Level B, Table 3 -
Industry/Skill Level C and Table 4 - School-based Traineeships of Part C,
Monetary Rates.
(ii) "Trainee
hours" will be the hours worked per week including the time spent in
approved training. For the purposes of
this definition, the time spent in approved vocational training may be taken as
an average for that particular year of the traineeship.
(iii) "Average
weekly training time" is based upon the length of the traineeship
specified in the traineeship agreement or training agreement as follows:
|
Average Weekly Training Time
=
|
7.6
x 12
|
|
|
length
of the traineeship in months
|
NOTE: 1:7.6 in the above formula represents the average
weekly training time for a fulltime trainee whose ordinary hours are 38 per
week a pro rata adjustment will need to be made in the case where the Parent
Award specifies different ordinary time hours for example, where the ordinary
weekly hours are 40, 7.6 will be replaced by 8.
NOTE 2: The parties note that the traineeship agreement
will require a trainee to be employed for sufficient hours to complete all
requirements of the traineeship, including the on-the-job work experience and
demonstration of competencies the parties also note that this would result in
the equivalent of a full day’s on the job work per
week.
|
Example of the
calculation for the wage rate for a part time traineeship
A school student commences a traineeship in year 11 the
ordinary hours of work in the Parent Award are 38. The training agreement
specifies two years (24 months) as the length of the traineeship.
"Average weekly training time" is therefore 7.6
x 12/24 = 3.8 hours.
"Trainee hours" totals 15 hours; these are made
up of 11 hours work which is worked over two days of the
week plus 1-1/2 hours on-the-job training plus 2-1/2 hours
off the job approved training at school and at
TAFE.
So the wage rate in year 11 is:
|
$181 x
|
15 - 3.8
|
=
|
$66.68 plus any applicable penalty rates under the
Parent Award.
|
|
|
30.4
|
|
|
The wage rate varies when the student completes year 11
and passes the anniversary date of 1 January the
following year to begin year 12 and/or if "trainee
hours" changes.
|
(vii) Grievance
Procedures for Trainees -
(a) Procedures
relating to grievances of individual trainees -
(i) A
trainee will notify the employer as to the substance of any grievance and
request a meeting with the employer for bilateral discussions in order to settle the grievance.
(ii) If no remedy to
the trainee’s grievance is found, then the trainee will seek further
discussions and attempt to resolve the grievance at a higher level of
authority, where appropriate.
(iii) Reasonable time
limits must be allowed for discussions at each level of authority.
(iv) At the
conclusion of the discussions, the employer must provide a response to the
trainee’s grievance, if the matter has not been resolved, including reasons for
not implementing any proposed remedy. At
this stage an employer or a trainee may involve an industrial organisation of
employers or employees of which they are a member.
(v) If no
resolution of the trainee’s grievance can be found, then the matter may be
referred to the Industrial Relations Commission of New South Wales by either
the trainee or the employer or the industrial organisation representing either
party.
(vi) While this
grievance procedure is being followed, normal work will continue.
(b) Procedures
relating to disputes, etc., between employers and their trainees:
(i) A
question, dispute or difficulty must initially be dealt with at the workplace
level where the problem has arisen. If
the problem cannot be resolved at this level, the matter will be referred to a
higher level of authority.
(ii) If no
resolution can be found to the question, dispute or
difficulty the matter may be referred to the Industrial Relations Commission of
New South Wales by any party to the dispute or the industrial organisation
representing any of the parties to the dispute.
(iii) Reasonable time
limits must be allowed for discussion at each level of authority.
(iv) While a
procedure is being followed, normal work must continue.
(v) The employer may
be represented by an industrial organisation of employers and the trainees may
be represented by an industrial organisation of employees for the purpose of
each procedure.
29. Superannuation
Superannuation Legislation -
(a) The subject of
superannuation is dealt with extensively by federal legislation including the Superannuation
Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge
Act, 1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and s.124 of the Industrial
Relations Act 1996. This
legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties.
(b) Subject to the
requirements of this legislation, superannuation contributions may be made to:
(i) Nationwide
Superannuation Fund (NSF); or
(ii) ASSET
(Australian Superannuation Savings Employment Trust);or
(iii) Any industry or
multi-employer superannuation fund which has application to the employees in
the main business of the employer where employees covered by this award are a
minority of award covered employees, provided that such fund complies with the
Occupational Superannuation Guidelines and has joint employer/union management
such as ARF (Australian Retirement Fund), LIST (Law Industry Superannuation
Trust), MTAAISF (Motor Traders’ Association of Australia Industry
Superannuation Fund), PISF (Printing Industry Superannuation Fund), REST
(Retail Employees Superannuation Trust),STA (Superannuation Trust of Australia)
and TISS (Timber Industry Superannuation Scheme); or
(iv) Any
superannuation fund which has application to the employees in the main business
of the employer, pursuant to a superannuation arrangement approved by an
industrial tribunal prior to 18 July 1989, and where employees covered by this
award are a minority of award covered employees. Where freedom of choice is
provided for in such arrangement the principle of that provision will apply; or
(v) Any
superannuation fund which improves or provides superannuation to employees
covered by this clause provided that the employer commenced contributions to
such fund prior to 14 February, 1992.
(vi) Such other funds
that comply with the requirements of this legislation.
(vii) Any other
approved occupational superannuation fund to which an employer or employee who
is a member of the religious fellowship known as The Brethren elects to
contribute.
30. Annualised
Salaries
Except as to the provisions of subclause (a), of clause
10, Public Holidays, clause 14, Sick Leave, clause 15, Personal/Carer's Leave, clause 16, Unpaid Leave For Family Purpose, clause 17,
Annual Leave, clause 19, Compassionate
Leave, clause 20, Jury Service, clause 25, Miscellaneous Statutory Provisions
and clause 28, Superannuation, this
award will not apply to full-time and part-time employees who are in receipt of
a weekly wage in excess of 15 per cent above the rate for a Level 6 employee.
This provision will not be taken to effect
any right to make other salary arrangements.
31. State Wage Case
Adjustment
The rates of pay in this award include the adjustments
payable under the State Wage Case 2021. These adjustments may be offset
against:
(a) any equivalent overaward payments, and/or
(b) award wage
increases other than State Wage Case adjustments.
32.
Anti-Discrimination
(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 or
domestic status, disability, sexuality, gender identity, age
and responsibilities as a carer.
(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.
(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.
(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.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
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."
33. Redundancy
(i) Application
-
(a) This clause
will apply in respect of full-time and part-time employees.
(b) This clause will
only apply to employers who employ 15 or more employees immediately prior to
the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this clause, this clause will not apply to
employees with less than one year’s continuous service and the general
obligation on employers will be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(d) Notwithstanding anything
contained elsewhere in this clause, this clause will not apply where employment
is terminated as a consequence of conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty, or in the case of casual employees, apprentices or employees engaged for
a specific period of time or for a specified task or tasks or where employment
is terminated due to the ordinary and customary turnover of labour.
(ii) Introduction of
Change -
(a) Employer’s duty
to notify
(1) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that
are likely to have significant effects on employees, the employer will notify
the employees who may be affected by the proposed changes and the union to
which they belong.
(2) ‘Significant
effects’ include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the
skills required, the elimination or diminution of job opportunities, promotion
opportunities or job tenure, the alteration of hours of work, the need for
retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where the award makes provision for alteration
of any of the matters referred to herein, an alteration will be deemed not to
have significant effect.
(b) Employer’s duty
to discuss change
(1) The employer
will discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a) above,
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 will give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(2) The discussion
will commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in paragraph (a) of this
subclause.
(3) For the purpose
of such discussion, the employer will 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 will not be required to disclose confidential information the
disclosure of which would adversely affect the employer.
(iii) Redundancy -
(a) Discussions
before terminations
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to subparagraph (1) of
paragraph (a) of subclause (ii) above, and that decision may lead to the
termination of employment, the employer will hold discussions with the
employees directly affected and with the union to which they belong.
(2) The discussions
will take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subparagraph (1) of this
subclause and will cover, inter alia, 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.
(3) For the
purposes of the discussion the employer will, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, 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. Provided that any employer will not be
required to disclose confidential information the disclosure of which would
adversely affect the employer.
(iv) Termination of
Employment -
(a) Notice for Changes
in Production, Programme, Organisation or Structure - This subclause sets out
the notice provisions to be applied to terminations by the employer for reasons
arising from "production", "programme",
"organisation" or "structure" in accordance with subclause
(ii) (a)(1) above.
(1) In order to
terminate the employment of an employee the employer will 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
|
(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, will be entitled to an
additional week’s notice.
(3) Payment in lieu
of the notice above will 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.
(b) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subclause (ii)(a)(1) above:
(1) In order to
terminate the employment of an employee the employer will give to the employee
three months’ notice of termination.
(2) Payment in lieu
of the notice above will 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.
(3) The period of
notice required by this subclause to be given will 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.
(c) Time off during
the notice period -
(1) During the period
of notice of termination given by the employer, an employee will 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.
(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 will, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee will not receive payment for the time absent.
(d) 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 will
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 will not be entitled to payment in lieu of notice.
(e) Statement of
employment - The employer must, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
(f) Notice to Centrelink
- Where a decision has been made to terminate employees, the employer must
notify Centrelink thereof as soon as possible giving relevant information
including the number and categories of the employees likely to be affected and
the period over which the terminations are intended to be carried out.
(g) Centrelink
Separation Certificate - The employer must, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form required by
Centrelink.
(h) Transfer to
lower paid duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (a) of subclause (ii) above, the employee will 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.
(v) Severance Pay -
(a) Where an
employee is to be terminated pursuant to subclause (iv) above, subject to
further order of the Industrial Relations Commission, the employer will pay the
following severance pay in respect of a continuous period of service:
(1) If an employee
is under 45 years of age, the employer will pay in accordance with the
following scale:
|
Under 45 Years of
Age
|
Years of Service
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
|
(2) Where an
employee is 45 years old or over, the entitlement will be in accordance with
the following scale:
|
Years of Service
|
45 Years of Age and
over 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
|
(3) ‘Weeks pay’ means the all
purpose rate of pay for the employee concerned at the date of termination,
and will include, in addition to the ordinary rate of pay, over award payments,
shift penalties and allowances provided for in the relevant award.
(b) Incapacity to
pay - 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 paragraph (a) above.
The Industrial Relations Commission will have regard to
such financial and other resources of the employer concerned as the Industrial
Relations Commission thinks relevant, and the probable effect paying the amount
of severance pay in subclause (i) above will have on
the employer.
(c) Alternative
Employment - 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 paragraph (a) above if the
employer obtains acceptable alternative employment for an employee.
(vi) Savings Clause -
Nothing in this award will be construed so as to
require the reduction or alteration of more advantageous benefits or conditions
which an employee may be entitled to under any existing redundancy arrangement,
taken as a whole, between the union and any employer bound by this award.
34. Area, Incidence
and Duration
(a)
(i) This
award will apply to all employees engaged in the classifications detailed in
Clause 2, Rates of Pay and clause 3, Classifications by any organisation,
whether run for profit or not, whose operation is substantially one or more of
the following:
Weight Loss Centres;
Gymnasiums;
Squash Courts;
Indoor Cricket and/or Sports Centres;
Ten Pin Bowling Allies;
Aquatic Centres;
Golf Driving Ranges;
Dance Schools Including Jazzercise;
Martial Arts School;
Tennis Centres; and/or
other like Health and Fitness Centres; or
(ii) Or individuals
who predominantly carry out one or more of the following activities:
Aerobics Instructor, Gym Instructor, Dance Instructor,
Health Counsellor, Pool Attendant, Sports Instructor and/or any other like
Health Attendant work; where such work is performed in an organisation where no
other award or registered enterprise agreement covers such persons; and
(iii) will be binding
upon the Australian Workers’ Union, New South Wales, its officers and members,
the Australian Liquor, Hospitality and Miscellaneous Workers Union, NSW Branch,
its officers and members and employees, whether they are members of the union
or not.
(b) This award will
not apply to employees of:
(i) contract
companies who may provide cleaning, security, catering
and childcare to any organisation that this award would normally apply.
(ii) Registered
Clubs, Hotels, Motels, Resorts, which are already covered by awards.
(iii) Outdoor sports
stadiums (other than those persons in clause 33 (a) (ii) above,)
(iv) Entertainment
Venues.
(c) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Health, Fitness and Indoor Sports Centres (State)
Award published 28 February 2020 (386 I.G. 1000), as varied.
(d) This award will
take effect on and from 2 May 2022 and will remain in force for a period of 12
months.
(e) The changes
made to the award pursuant to the Award Review pursuant to section 19(6) of the
Industrial Relations Act 1996 and Principle 26 of the Principles for
Review of Awards made by the Industrial Relations Commission of New South Wales
on 28 April 1999 (310 I.G. 359) take effect on and from 2 May 2022.
This award remains in force until varied or rescinded,
the period for which it was made already having expired.
35. Leave Reserved
Leave is reserved to the parties to amend this award to
provide for the following:
(a) a specific
exclusion for Child Care, pending the decision of the Chief Industrial
Magistrate in Court file no. CIM 550 of 1997 and CIM 551 of 1997.
(b) provision of a
laundry allowance and uniforms.
PART B
MONETARY RATES
Table 1 - Rates of Pay
|
Grade
|
Relativities
|
Full
Time
|
Hourly
Rate
|
Full
Time
|
Hourly
Rate
|
Full
Time
|
Hourly
Rate
|
|
|
|
SWC
2018
|
SWC
2018
|
SWC
2020
|
SWC
2020
|
SWC
2021
|
SWC
2021
|
|
|
|
2.5%
|
2.5%
|
2.5%
|
2.5%
|
Based
on relativities
|
Based
on relativities
|
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
|
Level 1
|
78%
|
709.70
|
18.70
|
727.40
|
19.20
|
772.60
|
20.33
|
|
Level 2
|
82%
|
732.30
|
19.30
|
750.60
|
19.80
|
812.20
|
21.37
|
|
Level 3A
|
87%
|
762.80
|
20.10
|
781.90
|
20.60
|
865.70
|
22.78
|
|
Level 3B
|
92%
|
784.90
|
20.70
|
804.50
|
21.20
|
906.30
|
23.85
|
|
Level 4
|
92%
|
788.80
|
20.80
|
808.50
|
21.30
|
911.30
|
23.98
|
|
Level 5
|
100%
|
836.50
|
22.00
|
857.40
|
22.60
|
990.50
|
26.07
|
|
Level 6
|
115%
|
922.10
|
24.30
|
945.20
|
24.90
|
1139.10
|
29.98
|
|
Junior Rates for
Levels 1, 2 and 3
|
Percentage of
Appropriate Adult Rate
|
|
|
|
|
|
%
|
|
At 16 years and
under
|
55
|
|
At 17 years
|
65
|
|
At 18 years
|
75
|
|
At 19 years
|
85
|
|
At 20 years
|
100
|
Table 2 - Other Rates and Allowances
|
Item
No.
|
Clause
No.
|
Brief Description
|
Amount
|
Amount
|
Amount
|
Amount
|
|
|
|
|
Per
Week
|
Per
Week
|
Per
Week
|
Per
Week
|
|
|
|
|
SWC
2017
|
SWC
2018
|
SWC
2020
|
SWC
2021
|
|
|
|
|
2.50%
|
2.50%
|
2.50%
|
2.04%
|
|
|
|
|
$
|
$
|
$
|
$
|
|
1
|
2(c)
|
Supervisory loadings - Up to 5 employees
|
29.00
per week
|
29.70
per week
|
30.40
per week
|
31.00
per week
|
|
2
|
2(c)
|
Supervisory loadings - 6 to 10 employees
|
39.50
per week
|
40.50
per week
|
41.50
per week
|
42.30
per week
|
|
3
|
2(c)
|
Supervisory loadings - 11 or more employees
|
53.10
per week
|
54.40
per week
|
55.80
per week
|
56.90
per week
|
|
4
|
21(a)
|
First-aid allowance
|
13.60
per week
|
13.90
per week
|
14.20
per week
|
14.50
per week
|
|
|
|
|
2.65
per shift
|
2.70
per shift
|
2.80
per shift
|
2.90
per shift
|
|
5
|
23(a)
|
Stocking allowance
|
3.80
per week
|
3.90
per week
|
4.00
per week
|
4.10
per week
|
|
|
|
|
0.85
per day
|
0.90
per shift
|
0.90
per shift
|
0.9
per shift
|
|
23(b)
|
Toilet cleaning allowance
|
11.20
|
11.50
|
11.80
|
12.00
|
|
23(c)
|
Laundry Allowance
|
9.50
per week
|
9.70
per week
|
9.90
per week
|
10.10
per week
|
|
|
|
1.95
per day
|
2.00
per day
|
2.10
per day
|
2.10
per day
|
|
23(d)
|
Broken Shift Allowance:
|
|
|
|
|
|
|
|
for each broken shift so
worked
|
14.50
per day
|
14.90
per day
|
15.30
per day
|
15.60
per day
|
|
|
|
Excess fares allowance
|
9.70
per week
|
9.90
per week
|
10.10
per week
|
10.30
per week
|
|
|
|
|
1.95
per day
|
2.00
per day
|
2.10
per day
|
2.10
per day
|
Table 3 - Base Rate
|
|
Relativity
|
Amount
Per Week
|
Amount
Per Week
|
|
|
|
(includes 2.5% for 2020)
|
(includes 2.04% for 2021)
|
|
|
%
|
$
|
$
|
|
Level 1
|
78
|
354.40
|
361.60
|
|
Level 2
|
82
|
372.70
|
380.30
|
|
Level 3A
|
87.4
|
397.40
|
405.50
|
|
Level 3B
|
91.5
|
415.90
|
424.40
|
|
Level 4
|
92
|
418.20
|
426.70
|
|
Level 5
|
100
|
454.50
|
463.80
|
|
Level 6
|
115
|
522.60
|
533.30
|
Table 4 - Supplementary Payments
|
|
Relativity
|
Supplementary
Payments
|
Supplementary
Payments
|
|
|
|
(includes 1.75% for 2020)
|
(includes 2.04% for 2021)
|
|
|
%
|
|
|
|
Level 1
|
78
|
112.15
|
114.40
|
|
Level 2
|
82
|
114.80
|
117.10
|
|
Level 3A
|
87.4
|
118.30
|
120.70
|
|
Level 3B
|
91.5
|
120.15
|
122.60
|
|
Level 4
|
92
|
121.20
|
123.70
|
|
Level 5
|
100
|
126.85
|
129.40
|
|
Level 6
|
115
|
139.75
|
142.60
|
PART C
TRAINEE MONETARY RATES
Table 1 - Weekly Rates - Industry/Skill Level A
Where the accredited training course and work
performed are for the purpose of generating skills which have been defined for
work at Skill Level A.
|
|
Year
10
|
Year
11
|
Year
12
|
Year
10
|
Year
11
|
Year
12
|
Year
10
|
Year
11
|
Year
12
|
|
|
SWC
2018
|
SWC
2018
|
SWC
2018
|
SWC
2020
|
SWC
2020
|
SWC
2020
|
SWC
2021
|
SWC
2021
|
SWC
2021
|
|
|
|
|
|
(correcting error)
|
(correcting error)
|
(correcting error)
|
|
|
|
|
|
2.50%
|
2.50%
|
2.50%
|
2.50%
|
2.50%
|
2.50%
|
2.04%
|
2.04%
|
2.04%
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
|
School
|
320.60
|
353.00
|
424.00
|
328.60
|
361.80
|
434.60
|
335.30
|
369.20
|
443.50
|
|
Leaver
|
|
|
|
|
|
|
|
|
|
|
Plus 1 year
|
353.00
|
424.00
|
494.30
|
361.80
|
434.60
|
506.70
|
369.20
|
443.50
|
517.00
|
|
out of school
|
|
|
|
|
|
|
|
|
|
|
Plus 2 years
|
423.60
|
494.30
|
573.20
|
434.20
|
506.70
|
587.50
|
443.10
|
517.00
|
599.50
|
|
Plus 3 years
|
494.30
|
573.20
|
655.70
|
506.70
|
587.50
|
672.10
|
517.00
|
599.50
|
685.80
|
|
Plus 4 years
|
573.20
|
655.70
|
655.70
|
587.50
|
672.10
|
672.10
|
599.50
|
685.80
|
685.80
|
|
Plus 5 years
|
655.70
|
655.70
|
655.70
|
672.10
|
672.10
|
672.10
|
685.80
|
685.80
|
685.80
|
|
or more
|
|
|
|
|
|
|
|
|
|
The average proportion of time spent in
Structured Training which has been taken into account
in setting the above rates is 20 per cent.
Table 2 - Weekly Rates - Industry/Skill Level B
Where the accredited training course and work
performed are for the purpose of generating skills which have been defined for
work at Skill Level B.
|
|
Year
10
|
Year
11
|
Year
12
|
Year
10
|
Year
11
|
Year
12
|
Year
10
|
Year
11
|
Year
12
|
|
|
SWC
2018
|
SWC
2018
|
SWC
2018
|
SWC
2020
|
SWC
2020
|
SWC
2020
|
SWC
2021
|
SWC
2021
|
SWC
2021
|
|
|
|
|
|
(correcting error)
|
(correcting error)
|
(correcting error)
|
|
|
|
|
|
2.50%
|
2.50%
|
2.50%
|
2.50%
|
2.50%
|
2.50%
|
2.04%
|
2.04%
|
2.04%
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
|
School
|
320.60
|
353.30
|
410.50
|
328.60
|
362.10
|
420.80
|
335.30
|
369.50
|
429.40
|
|
Leaver
|
|
|
|
|
|
|
|
|
|
|
Plus 1 year
|
353.30
|
410.50
|
472.30
|
362.10
|
420.80
|
484.10
|
369.50
|
429.40
|
494.00
|
|
out of school
|
|
|
|
|
|
|
|
|
|
|
Plus 2 years
|
410.50
|
472.30
|
554.90
|
420.80
|
484.10
|
568.80
|
429.40
|
494.00
|
580.40
|
|
Plus 3 years
|
472.50
|
554.90
|
632.50
|
484.30
|
568.80
|
648.30
|
494.20
|
580.40
|
661.50
|
|
Plus 4 years
|
554.90
|
632.50
|
632.50
|
568.80
|
648.30
|
648.30
|
580.40
|
661.50
|
661.50
|
|
Plus 5 years
|
632.50
|
632.50
|
632.50
|
648.30
|
648.30
|
648.30
|
661.50
|
661.50
|
661.50
|
|
or more
|
|
|
|
|
|
|
|
|
|
The average proportion of time spent in
Structured Training which has been taken into account
in setting the above rates is 20 per cent.
Table 3 - Weekly Rates - Industry/Skill Level C
Where the accredited training course and work
performed are for the purpose of generating skills which have been defined for
work at Skill Level C.
|
|
Year
10
|
Year
11
|
Year
12
|
Year
10
|
Year
11
|
Year
12
|
Year
10
|
Year
11
|
Year
12
|
|
|
SWC
2018
|
SWC
2018
|
SWC
2018
|
SWC
2020
|
SWC
2020
|
SWC
2020
|
SWC
2021
|
SWC
2021
|
SWC
2021
|
|
|
|
|
|
(correcting error)
|
(correcting error)
|
(correcting error)
|
|
|
|
|
|
2.50%
|
2.50%
|
2.50%
|
2.50%
|
2.50%
|
2.50%
|
2.04%
|
2.04%
|
2.04%
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
$
|
|
School
|
321.90
|
353.30
|
406.80
|
329.90
|
362.10
|
417.00
|
336.60
|
369.50
|
425.50
|
|
Leaver
|
|
|
|
|
|
|
|
|
|
|
Plus 1 year
|
353.30
|
406.80
|
457.70
|
362.10
|
417.00
|
469.10
|
369.50
|
425.50
|
478.70
|
|
out of school
|
|
|
|
|
|
|
|
|
|
|
Plus 2 years
|
406.80
|
457.70
|
509.90
|
417.00
|
469.10
|
522.60
|
425.50
|
478.70
|
533.30
|
|
Plus 3 years
|
457.70
|
509.90
|
570.50
|
469.10
|
522.60
|
584.80
|
478.70
|
533.30
|
596.70
|
|
Plus 4 years
|
511.00
|
570.50
|
570.50
|
523.80
|
584.80
|
584.80
|
534.50
|
596.70
|
596.70
|
|
Plus 5 years
|
570.50
|
570.50
|
570.50
|
584.80
|
584.80
|
584.80
|
596.70
|
596.70
|
596.70
|
|
or more
|
|
|
|
|
|
|
|
|
|
The average proportion of time spent in
structured training which has been taken into account
in setting the above rates is 20 per cent.
Table 4 - School-Based Traineeships
|
|
Year
11
|
Year
12
|
Year
11
|
Year
12
|
Year
11
|
Year
12
|
|
|
SWC
2018
|
SWC
2018
|
SWC
2020
|
SWC
2020
|
SWC
2021
|
SWC
2021
|
|
|
|
|
(correcting error)
|
(correcting error)
|
|
|
|
|
2.50%
|
2.50%
|
2.50%
|
2.50%
|
2.04%
|
2.04%
|
|
|
$
|
$
|
$
|
$
|
$
|
$
|
|
School based Traineeships
|
321.90
|
353.30
|
329.90
|
362.10
|
338.10
|
371.20
|
|
Skill Levels A, B and C
|
|
|
|
|
|
|
The average proportion of time spent in
structured training which has been taken into account
in setting the above rates is 20 per cent.
Appendix A
Industry/Skill Levels
Industry/Skill Level A
Industry/Skill Level B
Sport & Recreation (Sport & Recreation -
Certificate) II
Sport & Recreation (Sport & Recreation -
Certificate) III
Sport & Recreation (Career Oriented Participation)
Certificate II
Sport & Recreation (Career Oriented Participation)
Certificate III
Sport & Recreation (Coaching) Certificate III
Sport & Recreation (Officiating) Certificate II
Sport & Recreation (Officiating) Certificate III
Sport & Recreation Sport (Trainer) Certificate III
Sport & Recreation Community Recreation (Instruct)
Certificate II
Sport & Recreation Community Recreation Certificate
II
Sport & Recreation Community Recreation Certificate
III
Sport & Recreation Fitness Certificate III
Sport & Recreation Sport (Massage Therapy)
Certificate III
Industry/Skill Level C
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.