Venues NSW (Ground Staff) Enterprise Award 2022
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH
WALES
Application by Australian Federation of
Employers and Industries, Industrial
Organisation of Employers and State Peak Council.
(Case No. 319851 of 2022)
|
Before Commissioner
Webster
|
2 November
2022
|
AWARD
PART A
1. Arrangement
Clause No. Subject
Matter
PART A
1. Arrangement
2. Title
3. Coverage
4. Definitions
5. Intent of the Enterprise Award
6. Commitment to Improving Productivity,
Efficiency and Flexibility
7. Full-time, Part-time and Casual
Employees
8. Hours of Work
9. Meal Allowance
10. Meal Breaks
11. Excess Hours
12. Public Holidays
13. Annual Leave
14. Sick Leave
15. Personal/Carers Leave
16. Bereavement Leave
17. Income Protection Plan
18. Induction/Training
19. Consultative Committee
20. Workplace Health and Safety
21. Labour Flexibility
22. Additional Functions
23. Supplementary Staff
24. Working in the Rain
25. Acting Supervisor
26. Change Rooms
27. Tools
28. Trust Uniform and Personal Identification
29. Job Representative
30. Wage Rates
31. Payment of Wages
32. Terms of Engagement
33. Redundancy
34. No Extra Claims
35. Long Service Leave
36. Grievance and Dispute Procedures
37. Declaration
38. Provision of Training
39. Commencement and Duration
40. Jury Service
41. Superannuation
42. Anti-Discrimination
PART B
Table 1 - Full
Time and Part Time Employees
Table 2 - Casual
Employees
Table 3 -
Apprentices
2. Title
This Enterprise
Award will be known as the Venues NSW (Ground Staff) Enterprise Award 2022.
3. Coverage
3.1 This Enterprise Award will apply to all
Ground Staff employed by Venues NSW at the Moore Park site, previously
regulated by the Sydney Cricket and Sports Ground Trust (Ground Staff)
Enterprise Award 2019 made by the New South Wales Industrial Relations
Commission. This Enterprise Award will prevail to the extent of any
inconsistency.
3.2 This Enterprise Award will apply to:
3.2.1 Venues NSW
3.2.2 Employees engaged by Venues NSW who are
employed to work primarily at our venues located at Moore Park who work in the
Grounds Department, including apprentices, greenkeepers, mechanics, grounds
persons and gardeners; and
3.2.3 The Australian Worker’s Union, New South
Wales.
4. Definitions
4.1 "Enterprise Award" means the
Venues NSW (Ground Staff) Enterprise Award 2022.
4.2 "Enterprise" means Venues NSW
4.3 "Union" means The Australian
Workers’ Union, New South Wales
4.4 "A Grade C is an employee with
recognised industry experience appropriate to the operational needs of Venues
NSW and who is undertaking a structured course in Greenkeeping, Sports Turf
Management or a Horticultural Certificate, Diploma or other qualification
deemed relevant by Venues NSW at an approved registered training organisation.
Apprentices who
have completed their apprenticeship with Venues NSW will be required to
complete one years’ service as a Grade C post qualification completion before
progressing to Grade B.
4.5 "Grounds Person Grade B" will be
an employee holding a Greenkeepers Certificate or Horticultural Certificate or
other appropriate trade qualification who has also completed the equivalent of
one years’ industry experience post qualification.
4.6 "Grounds Person Grade A" will
mean:
4.6.1 an employee who holds a recognised Tertiary
qualification relevant to the operational needs of Venues NSW; or
4.6.2 an employee who holds a dual green keepers and
horticultural qualifications or equivalent quantification recognised by Venues
NSW and who has completed at least one years’ service at the level of a Grade B
Grounds Person; or
4.6.3 an employee who has completed at least two
years’ service as the level of a Grade B Grounds Person.
4.7 "Commission" means the
Industrial Relations Commission of NSW
5. Intent of the Enterprise Award
5.1 This Enterprise Award has been negotiated
to provide the vehicle by which the grounds maintenance operations of Venues
NSW can be established in an efficient, flexible and
productive manner.
5.2 Venues NSW, and the employees each
recognise that the work methods that were used in the past, may not be
consistent with the current needs of the Employer. It is therefore important
that change be introduced in a consultative, constructive and managed way in
order to secure the future viability of the Employer and hence the long term job security of the Employees together with fair
and equitable working conditions.
5.3 The parties therefore commit to co-operate
in their collective efforts to achieve significant, lasting improvements in
productivity, efficiency and flexibility together with
fair and equitable working conditions.
5.4 The parties anticipate that the Enterprise
Award will:
Increase job
satisfaction and security.
Increase the
skill levels of all members of the workforce with the implementation of
training programs, tailored to meet the requirements of the work programme.
Increase
efficiency and profitability.
Establish a
management system that generates informed and democratic input from employees
on all work-related issues.
Ensure the
development of a decisive, committed and responsive decision
making structure that resources and supports the contributions of
employees to workplace reform.
Achieve change
and progress through a process of communications, agreement
and teamwork.
Improves the
competitive position of Venues NSW in the market.
Protect and
enhance the quality of the environment.
Realistically
ensure and promote equality of employment and will preclude discrimination on the basis of sex, marital status, ethnic background,
religious or political beliefs.
6. Commitment to Improving Productivity,
Efficiency and Flexibility
6.1 The parties to this Enterprise Award are
committed to continually developing flexibility over the functions performed by
Venues NSW. The flexibility should be consistent with agreed productivity
objectives and the removal of artificial demarcation work barriers by
agreement, subject to competence and training.
6.2 The commitment extends to individual
employees performing tasks that, while primarily involving the skills of the
employee’s classification, are incidental or peripheral to the primary task and
enables the completion of the whole task. Such incidental or peripheral tasks
would be carried out giving due consideration to it being safe, legal, sensible
and within the employee’s competence.
6.3 Employees will be required to perform all
duties required by Venues NSW within their skill and competence. This clause is
designed to ensure the elimination of demarcation barriers preventing an
employee from performing the whole job.
6.4 During the term of this Enterprise Award,
the parties agree to confer on other productivity improvements.
7. Full-Time, Part-Time and Casual Employees
7.1 An employee will be engaged as either a
full-time, part-time, or casual employee.
7.2 A full-time employee will mean an employee
who is engaged to work an average of seventy-six hours in a fortnight.
7.3 A part-time employee will mean an employee
engaged to work a minimum of six hours per week or a minimum of twelve hours
over twenty-eight days (with a minimum of two hours for each engagement). A
part-time employee will receive sick leave, annual leave
and long service leave on a pro rata basis.
7.4 A casual employee will mean an employee
who is engaged and paid as such. A casual employee will be paid a 20% casual
loading in addition to the full-time hourly rate. The casual rate is set out in
Table 2 of Part B of this Enterprise Award. The 20% casual loading contained in
this Enterprise Award, is paid in lieu of any entitlement to sick leave,
bereavement leave, long service leave and annual
leave.
7.5 A casual employee will receive a minimum
payment of 3 hours for each engagement, to be worked consecutively.
8. Hours of Work
8.1 The ordinary hours of work will be an
average of seventy-six hours in any fortnight and may be worked on any five
days of the week, Monday to Sunday between the hours of 6:00am and 11:30 pm.
8.2 Any hours worked between 11:30pm and
6:00am will be paid to the Employees at time and one half.
8.3 Employees will be
required to work no more than eight ordinary hours on any day.
8.4 Unless an agreement is made to the
contrary, Employees will receive a minimum break between shifts of ten (10)
consecutive hours.
8.5 Should an agreement be reached pursuant to
clause 8.4 to waive the minimum break between shifts and the Employee commences
work prior to receiving a 10 hour break, that Employee
will be paid a penalty of time and one half for the hours up to the time when
the ten (10) hour break would have been completed.
For example,
if the Employee finishes work at 12:00am (midnight) and starts his/her next
shift at 8:00am, the Employee is entitled to the time and one-half penalty for
the first two hours of his/her shift, finishing at 10:00am.
8.6 Rosters will be based on ten workdays in
any fourteen-day cycle with days off being taken consecutively wherever
possible.
9. Meal Allowance
A meal allowance
will be payable to an employee who works 2 hours or more after their scheduled
finishing time. The meal allowance will
be paid in accordance with the following table;
10. Meal Breaks
10.1 Employees will be
entitled to an unpaid meal break of forty-five minutes, which should be taken
no more than five hours after commencing duty.
10.2 The time of the meal break will be
determined by most of the employees concerned and the Employer.
10.3 An employee who works for more than four
hours will be entitled to a ten-minute paid tea break and will be entitled to a
further ten-minute paid tea break where work continues beyond eight hours.
10.4 The time of the tea breaks will be
determined mutually by most employees concerned and the Employer and may be
staggered with meal breaks.
11. Excess Hours
11.1 All time in excess of eight hours in any one day or in excess of
76 hours per fortnightly pay cycle will be overtime and will be credited to an
‘overtime bank’. The employee may, with the consent of the employer, take an
equivalent number of ordinary hours off as time in lieu.
11.2 Employees may only accrue a maximum amount
of 76 hours in the ‘overtime bank’ at any given time.
11.3 Where the employer deems that the employee
can perform no productive work, the employee may be directed to cease work
prior to the normal eight hours being completed. The difference in hours
between cessation of work and normal eight-hour day will be deducted from the
overtime bank.
11.4 The employee may not be directed to cease
work if it would cause the overtime bank to be more than eight hours in the
negative without agreement between the employer and the employee.
11.5 The above arrangements have applied from the
commencement of the previous Certified Agreement and will continue to apply
under this Enterprise Award; any hours outstanding in regard
to the overtime bank arising from the previous Enterprise Award will
remain unaffected by this provision
12. Public Holidays
12.1 The days on which New Year’s Day, Australia
Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day,
Queens Birthday, Labour Day, Christmas Day, Boxing Day or any day proclaimed in
lieu thereof and other days which may be proclaimed as public holidays for the
State will be holidays and no deduction in respect of such holidays will be
made from the wages due to any employee for the week in which such holidays or
holidays occur.
12.2 If an ordinary workday falls on a public
holiday and the employees are required to work, then the employees will be paid
at single time with 1.5 times the number of hours being credited to the
overtime bank.
12.3 A full time, part time or fixed term
employee, who presents proof of purchase of a ticket to the Union’s Picnic Day
function, at least ten (10) calendar days in advance of the event, will be
entitled to paid leave to attend the function. The Union will advise management
at least three (3) months prior to the event of any change of date to the
Picnic, which will otherwise be held on the first Monday in December.
13. Annual Leave
13.1 Full time employees will receive annual
leave of 5 weeks per annum plus 17.5% annual leave loading, upon the completion
of 12 months’ service.
13.2 Part time employees will be entitled to four
(4) weeks paid annual leave per annum plus 17.5% Annual Leave Loading, upon the
completion of twelve months’ service.
13.3 The loading referred to in 13.1 above will
be paid to all weekly employees as a lump sum either at the beginning of the
pay period commencing on or after 1st January each year or at the termination
of their employment as a pro-rata amount.
13.4 Leave will only be taken between the months
of March and October in any calendar year with the agreement of the Employer.
14. Sick Leave
Existing
Employees (employed as at 27 October 2004)
14.1 A weekly employee who has been employed for
less than five years will be entitled to 10 days’ sick leave per annum.
A weekly
employee who has been employed for more than five years will be entitled to 20
days’ sick leave per annum during the sixth and subsequent years of service.
New Employees
(engaged after 27 October 2004)
14.2 A weekly employee who has been employed for
less than five years will be entitled to 10 days’ sick leave per annum.
A weekly
employee who has been employed for more than five-years will be entitled to 15
days’ sick leave per annum during the sixth and subsequent years of service.
14.3 Such sick leave will be cumulative.
14.4 Part-time employees will receive sick leave
on a proportionate basis.
14.5 An employee will not be entitled to sick
leave where payments are being made to such employee under the Workers’
Compensation Insurance or pursuant to the Sickness and Accident Income
Protection Plan as provided for in clause 17 of this Enterprise Award.
14.6 Where an employee is ill or incapacitated
within the meaning of the Clause, on a rostered day off or shift off, he/she
will not be entitled to sick pay on that day nor will
his/her sick leave entitlement be reduced as a result of such illness or
incapacity.
14.7 Where an employee is absent for more than
one consecutive day, or more than five single days in a year, the employee may
be required to provide Venues NSW with satisfactory evidence i.e., doctors
certificate or statutory declaration, stating the nature of the illness and the
duration of the absence
15. Personal/Carers 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
subparagraph (2) of paragraph (iii), 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 in clause 14, Sick Leave, for
absences to provide care and support, for such persons when they are ill. Such
leave may be taken for part of a single day.
(ii) The employee will, if required, 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. In normal circumstances, an employee must not take carer’s
leave under this subclause where another person has 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 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 of the opposite sex to the first mentioned person who lives
with the first mentioned person as the husband or wife of that person on a bona
fide domestic basis although not legally married to that person; or
(C) a child or an adult child (including an
adopted child, a stepchild, a foster child or an ex
nuptial child), parent (including a foster parent or 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 subparagraph:
1. "relative" means a person
related by blood, marriage or affinity;
2. "affinity" means a
relationship that one spouse because of marriage has to blood relatives of the other; and
3. "household" means a family
group living in the same domestic dwelling.
(iv) An employee will, wherever practicable,
give the employer notice prior to the absence of the intention to take leave,
the name of the person requiring care and the person’s relationship to the
employee, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for the employee to give prior notice of
absence, the employee will notify the employer by telephone of such absence at
the first opportunity on the day of absence.
(b) Unpaid Leave for Family Leave
(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 member of a class of person set out in subparagraph (2) of
paragraph (iii) of subclause (a) who is ill.
(c) Annual Leave
(i) An employee may elect with the consent of
the Employer, subject to the Annual
Holidays Act 1944 (NSW), to take annual leave not exceeding five 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 Enterprise 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.
(d) Time Off in Lieu of Payment of Overtime
See clause 11
of this Enterprise Award.
(e) Make-up Time
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 Enterprise Award, at the ordinary rate of pay.
16. Bereavement Leave
16.1 A full-time or part-time employee will be
entitled to a maximum of three days leave without loss of pay on each occasion
and on the production of satisfactory evidence of death within Australia of a
member of the employee’s family or household (as defined in paragraph
15(a)(iii)(2) of clause 15, Personal/Carers Leave).
16.2 Bereavement leave may be taken in
conjunction with other leave available under subclauses 1, 2, 3, 4 and 5 of
Clause 15, Personal/Carers Leave.
Where such
other available leave is to be taken in conjunction with bereavement leave,
consideration will be given to the circumstances of the employee and the
reasonable operational requirements of the Employer.
17. Income Protection Plan
All full-time, part-time and casual employees to whom this Enterprise Award
applies will be covered by the Sickness and Accident Income Protection Plan
approved and endorsed by the Union.
It is a term of
this Enterprise Award that the Employer will bear the costs of 1.27 per cent
(inclusive of GST) of gross weekly pay per week per member, or $1.50 per week
in the case of casual employees, towards providing protection under the
endorsed plan.
18. Induction/Training
18.1 All new employees of Venues NSW will attend
an Induction course. The purpose of the Induction is to ensure each new
employee is familiar with the Company’s operations, methods of work and to
ensure that they are clearly instructed in and fully understand Venues NSW’s
expectations of them in regard to Safety, Quality,
Work Performance, Flexibility and Attitude.
18.2 The induction will include information of
the following:
Scope, purpose and general briefing on the Contract.
Familiarisation
with, and adherence to, the terms of Employment continued within the Agreement
governing each employee’s contract of employment.
Adherence to
Legislative, Site and Employer safety standards and requirements.
Co-operative
objectives regarding goals that Venues NSW has while carrying out the Contract.
Specific
reference to the application of the Avoidance of Disputes - Grievance Procedure
and Continuous Operations clauses.
Outline of
House Rules, including disciplinary procedures.
19. Consultative Committee
19.1 Composition of Consultative Committee
19.1.1 A Consultative Committee will continue to
assist management in the implementation of initiatives consistent with the
intent of the Enterprise Award.
19.1.2 The Consultative Committee will consist of two
representatives of the workforce and two representatives of management, who
will meet every second month.
19.2 Scope of Tasks of the Consultative Committee
19.2.1 The task to be undertaken by the Consultative
Committee will be broad and will be in the best interests of the quality and
task execution for the Employer, consistent with this Enterprise Award. The
tasks to be undertaken will include, but will not necessarily be limited to the
following:
Oversee the
Training Program content and evaluation criteria to suit the requirements of
Venues NSW for the maintenance servicing of Venues NSW assets.
Facilitate the
resolution of difficulties and problems which may arise.
Contribute to
the development of work rosters.
Create
feasible work methods to enhance productivity and efficiency.
Develop
concepts for productivity and efficiency improvements for the Employer.
Develop an
open, participative and co-operative management
approach.
Promote
team-based work methods.
Assist with
communication, participative and training programmes to bring about attitudinal
and cultural change.
Ensure
propagation of experience, knowledge and skills at all
levels.
20. Workplace Health and Safety
20.1 Scope
20.1.1 Consistent with Venues NSW obligations under
the relevant Workplace Health and Safety legislation, employees may be required
to attend a duly qualified medical practitioner for examination at Venues NSW
expense prior to commencement of employment with Venues NSW.
20.1.2 Giving due consideration to each employee’s
work scope Venues NSW may require employees to be immunised against infectious
diseases, where they are at risk.
20.1.3 Venues NSW will comply with all the provisions
of the Workplace Health and Safety legislation of NSW which includes the
provision of personal protective equipment for employees when utilising
hazardous chemicals or working with noxious materials or in such conditions.
20.2. Workplace Health and Safety Committee
20.2.1 A Workplace Health and Safety Committee has
been established pursuant to the relevant provisions of the Work Health and Safety Act 2011. This
Committee will endeavour to reach consensus on all aspects of Venues NSW
Workplace Health and Safety Policy. The Workplace Health and Safety Committee
may be separate and distinct from the Consultative Committee and will not deal
with matters of an Industrial Relations nature.
21. Labour Flexibility
Employees will carry
out such tasks as are reasonably incidental or peripheral to their work as
directed by the Employer.
22. Additional Functions
22.1 Employees may be required to assist
tradespeople and perform other permanent functions associated with the
maintenance and running of the Sydney Cricket Ground, the Sydney Football
Stadium and any other facility under the care, management
or control of Venues NSW.
22.2 Notwithstanding the provisions of 22.1,
employees will be primarily engaged within their trade classification.
23. Supplementary Staff
Supplementary staff
may be used to perform the duties of placing and removing the covers, goal post
pads, operating the sightscreens and other duties.
24. Working in the Rain
All employees
called upon to work in the rain will be supplied, by the Employer, with
protective clothing, free of charge.
25. Acting Supervisor
An employee
appointed by the Employer to undertake the role of Acting Supervisor on any
event day or for a minimum of five consecutive shifts will be paid an
additional 15% of their ordinary rate of pay for all hours worked in that
capacity.
26. Change Rooms
The Employer will
provide a change room for the use of employees, free of charge. Such rooms will
be equipped with hot and cold showers and will be fitted with individual locker
accommodation.
27. Tools
An employee will
apply due diligence towards the care of tools and equipment supplied by Venues
NSW. An employee will as soon as possible report any lost or damaged tools on
the appropriate report form. Periodic
checks will be made by stores personnel of the tools and equipment issued.
28. Venues NSW Uniform and Personal
Identification
28.1. Employee’s must always maintain a neat
appearance consistent with operational requirements.
28.2. Personal Identification
28.2.1 Due to the requirement to liaise with members
of the public and visitors, all employees will be issued with a personal
identity card which will include the employees name and photograph.
28.2.2 This card must be produced while on duty if
required and must be returned to Venues NSW when the employee ceases to be
employed by Venues NSW for any reason.
29. Job Representative
29.1 A job representative appointed by the
employees will be allowed the necessary time during working hours, to discuss
with their manager matters affecting the employees they are representing.
29.2 The Australian Workers’ Union job delegates
will be allowed up to five days paid leave per year to attend approved courses
run by the Union.
30. Wage Rates
30.1 This Enterprise Award provides the following
increases to the full time hourly rate of pay:
2.53% on or
after the date this award comes into effect
2.53% twelve
months after this award comes into effect
30.2 Full time and part-time employees employed
in the classifications set out in Clause 4 will be paid the appropriate rate of
pay as set out in Column One of Table 1 of Part B.
30.3 Casual employees employed in the
classifications set out in Clause 4 will be paid the appropriate rate of pay as
set out in Column One of Table 2 of Part B.
30.4 Apprentices employed in the classifications
set out in Clause 4 will be paid the appropriate rate of pay as set out in
Column One of Table 3 of Part B.
31. Payment of Wages
31.1 Wages will be paid on a fixed day no later
than the Thursday of each fortnight. Employees will be paid during ordinary
working hours by Electronic Funds Transfer to their nominated bank account.
31.2 Any employee who has to
wait after ordinary ceasing time on pay day to receive their wages will be rendered
assistance until such wages are paid into the nominated bank account.
32. Terms of Engagement
Full-time and
part-time employees will be engaged by the fortnight and their engagement will
be terminated by four weeks’ notice on either side given at any time during the
fortnight or by the payment or forfeiture, as the case may be, of four week’s
wages in lieu thereof: Provided that this will not affect the right of the
Employer to dismiss any employee without notice for misconduct or to deduct
payment for time lost by any employee who fails to attend for duty without
leave to be absent for actual time of non-attendance.
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 the
Employer if it employs 15 or more employees immediately prior to the
termination of employment of employees
(c) Notwithstanding anything contained
elsewhere in this Enterprise Award, this clause will not apply to employees
with less than one year's continuous service and the general obligation on the
Employer 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 for the employees
suitable alternative employment.
(d) Notwithstanding anything contained
elsewhere in this Enterprise Award, 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) Where the 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.
(b) '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 this Enterprise Award makes provision for alteration of any of the
matters referred to herein, an alteration will be deemed not to have
significant effect.
(iii) Employers Duty to Discuss Change
(a) 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 subclause (ii) of this clause, 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.
(b) 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 subclause (ii) of this clause.
(c) 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 the Employer will not be
required to disclose confidential information the disclosure of which would adversely
affect the Employer.
(iv) Discussions Before Terminations
(a) Where the Employer has made a definite
decision that the Employer no longer wishes the job the employee has been doing
done by anyone pursuant to paragraph (a) of subclause (ii), of this clause 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.
(b) The discussions will take place as soon as
is practicable after the Employer has made a definite decision which will
invoke the provision of paragraph (a) 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 of the employees concerned.
(c) 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 the Employer will not
be required to disclose confidential information the disclosure of which would
adversely affect the Employer.
(v) Notice for Changes in Production,
Program, Organisation or Structure
This subclause
sets out the notice provisions to be applied to terminations by the Employer
for reasons arising from 'production', 'program', 'organisation' or 'structure'
in accordance with paragraph (a) of subclause (ii) of this clause.
(a) 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
|
(b) 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.
(c) 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.
(vi) 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 paragraph (a) of
subclause (ii) of this clause:
(a) In order to terminate the employment of
an employee the Employer will give to the employee 3 months’ notice of
termination.
(b) 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.
(c) 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.
(vii) Time Off During the Notice Period
(a) 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.
(b) 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.
(viii) 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.
(ix) Statement of Employment
The Employer
will, 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.
(x) Centrelink Separation Certificate
The Employer
will, 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.
(xi) Transfer to Lower Paid Duties
Where an
employee is transferred to lower paid duties for reasons set out in paragraph
(a) of subclause (ii), of this clause, 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.
(xii) Severance Pay
Where the
employment of an employee is to be terminated pursuant to subclause (v) of this
clause, 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:
(a) If an employee is under 45 years of age,
the Employer will pay in accordance with the following scale:
|
Years of Service
|
Under 45 Years of Age Entitlement
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
(b) Where an employee is 45 years old or over,
the entitlement will be in accordance with the following scale:
|
Years of Service
|
45 Years of Age &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
|
Week’s 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
Enterprise Award payments, shift penalties and all-purpose allowances paid in
accordance with the Enterprise Award.
(xii) 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 subclause (xiii) of this clause.
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 of paying the amount of severance pay in subclause
(xiii) of this clause will have on the Employer.
(xiii) Alternative Employment
Subject to an
application by the Employer and further order of the Industrial Relations
Commission, the Employer may pay a lesser amount (or no amount) of severance
pay than that contained in subclause (xiii) of this clause if the Employer
obtains acceptable alternative employment for an employee.
(xiv) Procedures Relating to Grievances
Grievances
relating to individual employees will be dealt with in accordance with clause
36, Grievance and Disputes Procedure' of this Enterprise Award.
34. No Extra Claims
34.1 The parties agree that, during the term of
this award, there will be no extra wage claims, claims for improved conditions
of employment or demands made with respect to the employees covered by the
award and, further, that no proceedings, claims or demands concerning wages or
conditions of employment with respect to those employees will be instituted
before the Industrial Relations Commission or any other industrial tribunal.
The
terms of the preceding paragraph do not prevent the parties from taking any
proceedings with
respect
to the interpretation, application or enforcement of
existing award provisions.
34.2 The agreed rates of pay and conditions
comprehend all working conditions to be encountered in the performance of work.
No additional special areas or allowances will be applicable other than those
specified by this Enterprise Award.
34.3 There will be no further wage increases for
the life of this Enterprise Award.
35. Long Service Leave
See Long Service Leave Act 1955 (NSW)
36. Grievance and Dispute Procedures
The procedure for
the resolution of industrial disputation will as follows:
36.1 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:
36.1.1 The matter is discussed between the staff
member(s) and the supervisor involved. If the matter is not resolved, then:
36.1.2 The employee may be required to provide in
writing the substance of the grievance and state the remedy sought.
36.1.3 The matter is then discussed between the staff
member(s), the supervisor and the manager. If the
matter remains unresolved, then:
36.1.4 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:
36.1.5 The matter is discussed between senior
representatives of the organisation and the relevant union and/or staff
member(s) representative.
36.2 Each of the following 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.
36.3 If the matter remains unresolved, then, it
may be referred by either party to the Industrial
Relations Commission of New South Wales to exercise its functions under the
Industrial Relations Act 1996. The parties agree to exhaust the conciliation
process before considering this step.
36.4 At any stage of this procedure, the employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees.
36.5 It is agreed that the parties will not
deliberately frustrate or delay these procedures.
36.7 Normal work will continue without disruption
while these procedures are followed.
37. Declaration
The parties declare
that this Enterprise Award:
37.1 Is not contrary to the public interest;
37.2 Was not entered into under duress;
37.3 Is not unfair, harsh or unconscionable;
37.4 Is in the interests of the parties.
38. Provision of Training
38.1 Venues NSW will provide a Grounds Person
Grade C where possible with one full day’s paid attendance at an approved
course, each week, with flexibility being provided to accommodate the exam
timetable. A Ground Person Grade C will be required to meet all costs
associated with the agreed training courses.
38.2 Venues NSW will assist a Grounds Person
Grade A to attend appropriate training courses through the provision of
flexible rostering. A Grounds Person Grade A will not be entitled to paid time
to attend an appropriate training course (s) nor will they be entitled to have
their expenses associated with the training course paid for by Venues NSW.
38.3 Venues NSW will
assist a Grounds Person Grade B or A with greater than 2 years of service to
take extended leave which will be approved at the discretion of Venues NSW to
attend international venues approved by Venues NSW for the purposes of employee
development. A Grounds Person Grade A will, where possible use annual leave or
long service leave entitlements where appropriate and can extend the leave
period with unpaid leave for a maximum period of ten weeks.
Extended leave
will only be approved during non-peak periods and when an adequate level of
service within the Grounds department can be maintained with existing levels of
staff.
Continuity of
service will continue for the duration of unpaid leave providing this total
amount of absence does not exceed 10 weeks.
Grounds
employees will not be entitled to have their expenses associated with the
travel to similar venues paid for by Venues NSW.
39. Commencement and Duration
This Enterprise Award will commence on
or after 2 November 2022 and will remain in force for a nominal term of 2 years
and rescinds and replaces the Sydney Cricket and Sports Ground Trust (Ground Staff)
Employer Award 2019 published 8 May 2020 (387 I.G. 1114) and all variations thereof.
40. Jury Service
40.1 A full time employee
required to attend for jury service during ordinary working hours will be
reimbursed by Venues NSW an amount equal to the difference between the amount
paid in respect of jury duty attendance for jury service and the amount of wage
that would have been received in respect of the ordinary time they would have
worked had they not been on jury service.
40.2 An employee will
notify their employer as soon as practicable of the date upon which they are
required to attend for jury service and will provide the employer with proof of
attendance, the duration of attendance, and the amount received in respect
thereof.
41. Superannuation
41.1 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.
42. Anti-Discrimination
42.1 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 (NSW), to
prevent and eliminate discrimination in the workplace on the grounds of race,
sex, marital status, disability, homosexuality, transgender identify, age and
responsibilities as a carer.
42.2 Accordingly, in fulfilling their obligations
under the dispute resolution procedures, the parties must take all reasonable
steps to ensure that neither the award provisions nor their operation are
directly or indirectly discriminatory in their effects.
42.3 Under the Anti-Discrimination Act 1977 (NSW), it is unlawful to victimise an
employee because the employee has made or may make or has been involved in a
complaint of unlawful discrimination or harassment.
42.4 Nothing in this clause is to be taken to
affect:
43.4.1 any conduct or act which is specially exempted
from anti-discrimination legislation;
43.4.2 offering or providing junior rates of pay to
person under 21 years of age;
43.4.3 any act or practice of body established to
propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977 (NSW)
43.4.4 a party to this award from pursuing matters of
unlawful discrimination in any state or federal jurisdiction.
42.5 This clause does not create legal rights or
obligations in addition to those imposed upon by the parties by the legislation
referred to in this clause.
NOTES:
(a) Employers and employees may also be
subject to Commonwealth Anti-Discrimination legislation
(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:
"Nothing
in the act affects ... any other act or practice of a body established to
propagate religion that conforms to the doctrines of that religion or is
necessary to avoid injury to the religious susceptibilities of the adherents of
that religion"
PART
B
Table 1 - Full Time and Part Time Employees
|
Hourly
Rate of Pay ($)
|
|
Classification
|
From
the first full pay period on or after 1 October 2021
|
Rates
from the FFPP on or after
2
November 2022
|
Rates
from the FFPP on or after
2
November 2023
|
|
|
2.04%
|
2.53%
|
2.53%
|
|
Grounds Person
Grade A
|
$44.34
|
$45.46
|
$46.61
|
|
Grounds Person
Grade B
|
$40.30
|
$41.32
|
$42.37
|
|
Grounds Person
Grade C
|
$38.27
|
$39.24
|
$40.23
|
|
Grounds Mechanic
|
$50.00
|
$51.27
|
$52.57
|
Table 2 - Casual Employees
|
Hourly
Rate of Pay ($)
|
|
Classification
|
From
the first full pay period on or after
1
October 2021
|
Rates
from the FFPP on or after
2
November 2022
|
Rates
from the FFPP on or after
2
November 2023
|
|
|
2.04%
|
2.53%
|
2.53%
|
|
Grounds Person
Grade A
|
$53.19
|
$54.54
|
$55.92
|
|
Grounds Person
Grade B
|
$48.36
|
$49.58
|
$50.83
|
|
Grounds Person
Grade C
|
$45.94
|
$47.10
|
$48.29
|
Table 3 - Apprentices
|
Hourly
Rate of Pay ($)
|
|
Classification
|
From
the first full pay period on or after 1 October 2021
2.04%
|
Rates
from the FFPP on or after
2
November 2022
2.53%
|
Rates
from the FFPP on or after
2
November 2023
2.53%
|
|
1st year of apprenticeship
|
$20.13
|
$20.64
|
$21.16
|
|
2rd year of
apprenticeship
|
$23.36
|
$23.95
|
$24.56
|
|
3rd year of apprenticeship
|
$27.59
|
$28.29
|
$29.01
|
|
4th year of apprenticeship
|
$31.43
|
$32.23
|
$33.05
|
J. WEBSTER, Commissioner
____________________
Printed by the authority of the
Industrial Registrar.