Venues NSW (SCG & SFS Event Day Employees) Award 2022
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by Venues NSW.
(Case No. 305177 of 2022)
|
Before Commissioner
Webster
|
28 October
2022
|
AWARD
PART A - CONDITIONS
1. Arrangement
PART A -
CONDITIONS
Clause No. Subject
Matter
1. Arrangement
2. Title
3. Parties Bound by this Award
4. Operation and Duration of this Award
5. Intention
6. Classifications and Rates of Pay
7. Superannuation
8. Payment of Wages
9. Consecutive Employment Terms
10. Minimum Engagement
11. Shift Cancellation
12. Meal Breaks
13. Meal Discount
14. Uniforms
15. Overtime
16. Public Holidays
17. Long Service Leave
18 Transport, Security and Related Matters
19. Employee Consultation
20. Provision and Use of Staff Seating
21. Implementation of the Non-Smoking Policy
22. Anti-Discrimination
23. Grievance and Dispute Procedures
24. No Extra Claims
25. Award Observance
26. Commitment to Further Negotiations
27. Signing of Award
PART B - RATES OF
PAY
Monday to Sunday
Flat Rate
Non Event
Attendance Rate
Uniform Allowance
2. Title
This award will be
known as the Venues NSW (SCG & SFS Event Day Employees) Award 2022
("this award").
3. Parties Bound by this Award
(a) This award is binding upon:
1. Venues NSW ("the employer");
and
2. The Media Entertainment and Arts
Alliance ("MEAA"), its officers and members ("the Union")
in respect of all employees (whether members of the MEAA or not) engaged by the
session or by the hour for work done in connection with the staging of a
fixture being conducted by the employer (including an employee who is also
engaged by the employer to perform work in a different position under a
separate contract or weekly hiring) at the Sydney Cricket Ground or the Sydney
Football Stadium.
(b) This award will not apply to an honorary
official i.e. any person who is either a member of the employer or who has
previously acted in an honorary capacity in performing functions for which wage
rates are prescribed by this award.
4. Operation and Duration of This Award
(a) This award will rescind and replace the
Venues NSW (SCG & SFS Event Day Employees) Award 2021 published 26 March
2021 (389 I.G. 285) (an award of the New South Wales Industrial Relations
Commission).
(b) This award will operate on and from the
first full pay period on or after 28 October 2022 and will remain in force for
a nominal term of 24 months.
5. Intention
(a) The principal intentions of this award
are:
1. To promote harmonious industrial
relations for Venues NSW; and
2. To maximise standards of Customer
experience to the public and members, measured against those applying in the
leisure and recreation industry nationally and internationally.
6. Classifications and Rates of Pay
(a) Employees employed under this award work
at day time, twilight and evening fixtures and will receive the appropriate hourly
rate for the applicable classification as contained in Part B of this award
from the first full pay period on or after the approval of this award.
(b) The hourly rates set out in Part B of
this award incorporate an increase for all event day work undertaken of 2.53%
from the first full pay period on or after the approval of this award and a
further increase of 2.53% effective from the first full pay period on or after
the date that is 12 months after this award takes effect.
(c) Employees employed under this award will
be paid the non-event attendance rate as contained in Part B of this award from
the first full pay period on or after the approval of this award.
(d) The rates of pay set out in Part B -
Rates of pay of this Award contain hourly rates of pay loaded to compensate
employees covered by this Award for working ordinary hours Monday to Sunday, at
daytime, twilight and evening fixtures and a separate hourly rate for working
public holidays and overtime.
7. Superannuation
The subject of superannuation
legislation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration)
Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth),
the Superannuation (Resolution of
Complaints Act 1993 (Cth), and s124 of the Industrial Relations Act 1996. This legislation, as varied
from time to time, governs the superannuation rights and obligations of the
parties.
8. Payment of Wages
8.1 Period
of Payment
(a) Wages
will be paid in arrears and on a weekly basis, based on working hours performed
in the period Monday to Sunday
(b) Wages
will be paid no later than the Thursday following the end of the previous pay
period, unless the employer and the majority of employees agree to later
payment.
8.2 Method
of payment
Payment of wages will be made via
electronic funds transfer into an account nominated by the employee with a
bank, building society or credit union.
9. Consecutive Employment Terms
All employees are required
to make themselves available, accept a shift and perform work for a minimum of
one shift over a two month period from the cessation of their last engagement.
Any employee who does not satisfy these criteria may be required to re-apply
for their position before being eligible for further engagements.
Prior to terminating
the employment relationship the employer will attempt to contact any employee
who has not satisfied this criteria. The employer may, in exceptional
circumstances and at its sole discretion, waive the requirement for employees
to re-apply where they are absent for a period of two months or more.
10. Minimum Engagement
The minimum
engagement for all employees under this award will be four (4) hours to be
worked consecutively, with the exception of non-match day staff meetings and
training sessions which will be two (2) hours.
11. Shift Cancellation
When an engagement
is cancelled by the employer and the cancellation of that engagement is made
prior to the four hours before the commencement of the engagement, the employee
will not be entitled to any remuneration for that day. When a cancellation of
the engagement takes place by the employer within four hours of the engagement
and prior to the normal starting time, an employee will be paid the minimum
engagement as contained in clause 10 of the Award.
12. Meal Breaks
All employees
rostered for more than four hours will receive a minimum of one paid 20 minute
break. These breaks will be coordinated by team leaders and/or supervisors.
13.
Meal Discount
Upon presentation of the staff
identification card, employees rostered to work on match days will receive
a discount off the normal purchase price
for food and beverage (excluding alcoholic beverages) purchased from any
on-site food and beverage outlet managed by our on-site catering service
provider. This discount does not apply to any third party catering or franchise
arrangements.
14. Uniforms
(a) The employer will provide a uniform to
staff where applicable.
1. Uniforms will consist of any SCG or SFS
apparel issued to staff during the course of their employment including but not
limited to; trousers, skirts, shirts, jackets, vests, jumpers, ties, scarves,
hats, armbands, wet weather jackets and name badges.
(b) Where uniforms are issued to staff other
than on a daily basis;
1. All new Employees who commenced after 1
October 2009 will be required to pay a $100.00 uniform bond on commencement of
employment which will be refunded when the uniform is returned in good
condition, fair wear and tear accepted.
2. The bond will be paid via payroll
deduction and can be made as one deduction of $100.00 or instalments of $20.00
per deduction per pay over five pay periods.
3. The Employee will be responsible for the
laundering of the uniforms. A laundry allowance of $1.10 per shift will be paid
into the Employee’s nominated bank account.
4. Uniforms will remain the property of the
Employer and will be returned to the Employer on the termination of an
Employee’s employment in accordance with cl.14(b)5
5. All uniforms issued to an employee are
to be returned within one (1) month of the Employee’s termination. Terminated
Employees who do not return their full uniform issue within one (1) month of
termination will forfeit their deposit.
15. Overtime
(a) Overtime will be payable to an employee
for all time worked:
1. In excess of ten (10) hours per
engagement on a particular event; or
2. In a day generally observed as a public
holiday.
(b) Overtime will be paid for at the rate of
time and a half.
(c) Overtime rates will not apply for any attendance
at non-event related meetings or training.
16. Public Holidays
Public Holidays will
be paid for at the rate of time and a half.
The days on which
New Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday,
Easter Monday, Anzac Day, Queen’s Birthday, Labour Day, Christmas Day, Boxing
Day or any proclaimed day in lieu thereof for the State of New South Wales will
be holidays.
17. Long Service Leave
(a) Subject to clause 17(b) below, Long
Service Leave entitlement will be governed by the Long Service Leave Act 1955 (NSW).
(b) The parties to this award acknowledge
that prior 30 September 2008, employees employed by the Sydney Cricket and
Sports Ground Trust as match day employees (or event day employees) received an
hourly rate of pay which was loaded to compensate for entitlements arising from
legislation applying in the State of NSW in relation to long service leave.
18. Transport, Security and Related Matters
(a) The employer will upon request of an
individual employee provide a security escort from the ground to the closest
public transport late at night, where the employer is able to provide it within
a reasonable period of time.
(b) The employer will provide parking to
employees on a discretionary basis subject to availability.
19. Employee Consultation
(a) The Event Day Staff Operations Committee
(EDSOC) will meet during the life of this award to identify and discuss matters
relating to the operation of the Award and other workplace matters, which
affect employees generally, but which are not explicitly covered by this Award,
such as staff facilities, uniforms, training and other like workplace matters.
(b) The EDSOC will be made up of management
and employee nominated representatives.
Wherever possible, all areas of event day operations should be
represented. The union may nominate up to two employee representatives to
participate as members of EDSOC. Prior
to an EDSOC meeting employee representatives will be allowed up to 1 hour
pre-meeting time to canvass matters and consolidate views on the EDSOC agenda.
Employee representatives will participate in the EDSOC without loss of pay.
(c) The EDSOC will meet as required, at a
time suitable to both the employer and employees and at the request of either
party, but not less than quarterly.
(d) The employer acknowledges employee
representatives have a role in gathering and disseminating information to
colleagues during work hours provided it does not disrupt service to the public
and members.
(e) The operation of the EDSOC in accordance
with this clause does not override the dispute settling procedure as contained
in clause 23 of this award.
20. Provision and Use of Staff Seating
Where practicable,
seating will be provided to employees where prolonged periods of standing would
otherwise be required. The use of such seating will be subject to customer
service requirements and guidelines as reasonably determined by the employer,
having regard to its Workplace Health and Safety obligations.
21. Implementation of the Non-Smoking Policy
All employees will
have access to and will abide by and follow the procedures of the non-smoking
policy developed by the employer in relation to patrons smoking in and around
the employer venues.
22. Anti-Discrimination
(a) It is the intention of the employer to
seek to achieve the object in section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This includes discrimination on the grounds of
race, sex, marital status, disability, homosexuality, transgender identify, age
and responsibilities as a carer.
(b) It follows that in fulfilling their
obligations under the dispute resolution procedure prescribed by this award,
the parties have obligations to take all reasonable steps to ensure that the
operation of the provisions of this award are not directly or indirectly
discriminatory in their effects. It will be consistent with the fulfilment of these
obligations for the parties to make application to vary any provision of the
award which, by its terms or operation, has a direct or indirect discriminatory
effect.
(c) Under the Anti-Discrimination Act 1977, it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
(d) Nothing in this clause is to be taken to
affect:
1. any conduct or act which is specifically
exempted from anti-discrimination legislation;
2. any act or practice of a body
established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;
3. a party to this award from pursuing
matters of unlawful discrimination in any State or Federal jurisdiction.
(e) This clause does not create legal rights
or obligations in addition to those imposed upon the parties by legislation
referred to in this clause.
23. Grievance and Dispute Procedures
23.1 The aim of this procedure is to ensure that
during the life of this enterprise award, industrial grievances or disputes are
prevented, or resolved as quickly as possible, at the lowest level possible in
the workplace. When a dispute or grievance arises, or is considered likely to
occur, the following steps will be followed:
(a) The matter is discussed between the staff
member(s) and the supervisor involved. If the matter is not resolved, then:
(b) The employee may be required to provide in
writing the substance of the grievance and state the remedy sought.
(c) The matter is then discussed between the
staff member(s), the supervisor and the manager. If the matter remains
unresolved, then:
(d) The matter is discussed between the staff
member(s), the union delegate or staff member(s) representative and the
supervisor and/or Manager. If the matter remains unresolved, then:
(e) The matter is discussed between senior
representatives of the organisation and the relevant union and/or staff
member(s) representative.
(f) Each of the steps will be followed within
a reasonable time frame, allowing sufficient time for discussions at each level
of authority and having regard to the nature of the grievance or dispute.
(g) If the matter remains unresolved, then it
may be referred by either party to the Industrial Relations Commission of New
South Wales to exercise its functions under the Industrial Relations Act 1996. The parties agree to exhaust the
conciliation process before considering this step.
(h) At any stage of this procedure, the
employer may be represented by an industrial organisation of employers and the
employees may be represented by an industrial organisation of employees.
(i) It is agreed that the parties will not
deliberately frustrate or delay these procedures.
(j) Normal work will continue without
disruption while these procedures are followed.
24. No Extra Claims
24.1 Subject to clause 24.2, the parties agree
that, during the term of this Award, there will be no extra wage claims, claims
for improved conditions of employment or demands made with respect to the
employees covered by the Award and, further, that no proceedings, claims or
demands concerning wages or conditions of employment with respect to those
employees will be instituted before the Industrial Relations Commission or any
other industrial tribunal.
24.2 The terms of the preceding paragraph do not
prevent the parties from taking any proceedings with respect to the
interpretation, application or enforcement of existing Award provisions.
25. Award Observance
For the purpose of
ensuring the observance of this award, the employer will:
(a) subject to prior consultation with the
employer, provide that representatives of the MEAA will have reasonable access
to all places of work for the purposes of interviewing and holding meetings
with their members in non-work time; and
(b) ensure that a copy of this award and
matters relating to this award be posted on a notice board in a centrally
located position.
26. Commitment to Further Negotiations
The parties to this
award agree to commence discussions for a new award nine months prior to the
expiration of the nominal term of this award.
27. Signing of Award
In
recognition of their acceptance of the terms and conditions of this award the
parties have signed below as indicated.
PART B
RATES OF PAY
|
|
Current Rates
|
Rates from the FFPP on or after the date this
award comes into effect
|
Rates from the FFPP 12 months after this
award comes into effect
|
|
|
Ordinary flat rate
|
Overtime and Public
Holiday
|
Ordinary flat rate 2.53%
$
|
Overtime and Public Holiday
$
|
Ordinary flat rate 2.53%
$
|
Overtime and Public Holiday
|
|
POSITION
|
|
|
|
|
|
|
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Customer Service Positions
|
|
|
|
|
|
|
|
Usher/Attendant
|
31.68
|
47.52
|
32.48
|
48.72
|
33.30
|
49.95
|
|
Pressure point
|
33.31
|
49.97
|
34.15
|
51.23
|
35.01
|
52.51
|
|
Team Leader
|
35.98
|
53.97
|
36.89
|
55.34
|
37.82
|
56.73
|
|
Supervisor
|
40.32
|
60.48
|
41.34
|
62.01
|
42.39
|
63.58
|
|
- Staff
Entry
|
|
|
|
|
|
|
|
Crowd Security Positions
|
|
|
|
|
|
|
|
Crowd Security Officers
|
38.11
|
57.17
|
39.07
|
58.61
|
40.06
|
60.09
|
|
Crowd security Supervisor
|
42.71
|
64.07
|
43.79
|
65.69
|
44.90
|
67.35
|
|
-
Event Communications
|
|
|
|
|
|
|
|
-
Process Room
|
|
|
|
|
|
|
|
-
Report Writer
|
|
|
|
|
|
|
|
Control 1 & 2/Base
|
45.88
|
68.82
|
47.04
|
70.56
|
48.23
|
72.35
|
|
Non-Event
Attendance Rate
|
26.47
|
26.47
|
27.14
|
27.14
|
27.83
|
41.75
|
|
ALLOWANCES
|
|
|
|
|
|
|
|
Uniform Allowance
(per shift)
|
1.00
|
1.00
|
1.10
|
1.10
|
1.10
|
1.10
|
Young Worker Rates
Employees who are less than 20 years of age
and who commenced employment on or after the date this award comes into effect
will be paid according to the following scale:
18 years and under 19 years – 70% of the
appropriate rate
19 years and under 20 years - 80% of the
appropriate rate
20 years and under 21 years - 90% of the
appropriate rate
J. WEBSTER, Commissioner
____________________
Printed by the authority of the
Industrial Registrar.