Venues NSW Security Enterprise Award 2022
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Australian Federation of Employers and Industries, Industrial Organisation of Employers and State Peak
Council.
(Case No. 19354 of 2023)
|
Before Commissioner Muir
|
28 February 2023
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1 Arrangement
2 Title of
Enterprise Award
3 Parties to
this Enterprise Award
4 Definitions
5 Intention
6 Date and
Period of Operation
7 Parties
Bound
8 Duress
9 Ordinary
Hours
10 Rates of
Pay
11 Shift
Arrangements
12 Event Days
and Functions
13 Annual
Leave
14 Sick Leave
15 Personal/Carer’s
Leave
15A Parental
Leave
16 Bereavement
Leave
17 Jury
Service
18 Army
Reserve Leave
19 Public
Holidays
20 No Extra
Claims
21 Grievance
and Dispute Resolution Procedure
22 Area,
Incidence and Duration
23 Anti-Discrimination
24 Secure
Employment Provisions
25 First Aid
Certificates
26 Security
Licence
27 Uniforms
28 Tools of
the Trade
29 Meetings
and Training
30 Notice of
Termination
31 Trade Union
Training Courses
32 Deduction
of Trade Union Membership Fees
MONETARY RATES
Table 1
2. Title of Enterprise
Award
This enterprise award will be known as the Venues NSW
Security Enterprise Award 2022.
3. Parties to This
Enterprise Award
3.1 The parties to
this enterprise award are:
3.1.1 Venues NSW
3.1.2 the Security
Staff of the employer; and
3.1.3 United Voice.
4. Definitions
For the purpose of this Enterprise
Award the following definitions will apply:
4.1 "Enterprise
Award" will mean the Venues NSW Security Enterprise Award 2022.
4.2 "Employee"
or "Employees" will mean the Security Staff employed by the Employer.
4.3 "Full-time
employee" will mean a permanent employee working an average of
thirty-eight ordinary hours per week.
4.4 "Part-time"
employee will mean a permanent employee working an average of less than
thirty-eight ordinary hours per week.
4.5 "Casual
Employee" will mean an employee engaged and paid as such.
4.6 "Employer"
will mean Venues NSW
4.7 "Security Officer
Grade B" will mean a person employed in one or more of the following
capacities:
(a) to watch, guard
and/or protect premises and/or property;
(b) as an employee
stationed at an entrance and/or exit whose principal duties will include the
control and movement of persons, vehicles, goods and/or property coming out of
or going into premises or property, including vehicles carrying goods of any
description to ensure that the quantity and description of such goods is in
accordance with the requirements of the relevant documents and/or gate pass and
who also may have other duties to perform and will include an area or door
attendant or commissionaire in a commercial building;
(d) lock up gates,
stands, buildings and patrol venues on foot or in vehicle;
(e) use and control
of security and emergency control systems;
(f) performs the
duties of securing, watching, guarding and/or protecting as directed, including
responses to alarm signals;
(g) monitors and
acts upon intelligent building management systems;
(h) acts as two-way
radio operator as required as part of control room duties;
(i) records
incidents utilising the computer and compiles other reports as needed;
(j) provided that a
Security Officer Grade B may be required to utilise keyboard skills in the
performance of their duties and may perform incidental duties.
4.8 "Security
Officer Grade A" will mean a person who, whilst in charge of a shift of
one or more Security Officers carries out co-ordinating duties in addition to
the normal duties of a Security Officer Grade B.
4.9 "The
Act" will mean the Industrial
Relations Act 1996 (NSW).
4.10 "Seven Day
Shift Worker" means an employee who is regularly rostered by their
employer to work ordinary hours on Saturdays and/or Sundays.
4.11 "WH&S"
will mean Workplace Health & Safety.
5. Intention
5.1 It is intended
that the Enterprise Award will provide a suitable basis for the parties to
implement at the organisation level appropriate arrangements to ensure that
corporate objectives are met.
5.2 The Enterprise
Award will help to facilitate the processes necessary to enhance the
productivity of the organisation and provide a better security service to the
organisation, the staff and the community.
5.3 The Enterprise
Award will provide employees with the ability to work a rotating roster which
provides for the equalisation of wages across the employees and better coverage
of shifts.
5.4 The Enterprise
Award will promote harmonious industrial relations at Venues NSW.
6. Date and Period of
Operation
6.1 This award will
take effect from the first full pay period on or after the date of approval and
will remain in force for a period of twenty four
months.
6.2 The renewal of
this Enterprise Award has been made toward improved work practices and the more
flexible operation of hours of work as permanent staff. Any further renewal of this Enterprise Award
will be considered in the light of progress which may be made towards further
improving work practices and the flexibility of hours of work.
6.3 During the term
of this Enterprise Award the parties agree to confer on other productivity
improvements.
6.4 This award
rescinds and replaces the Sydney Cricket and Sports Ground Trust Security
Enterprise Award 2019 published 19 June 2020 (388 I.G. 998) inclusive of
variations up to and including those taking effect from 30 September 2022.
7. Parties Bound
The provisions of
this Enterprise Award will apply to
security officer employees of Venues NSW performing work at our Moore Park
Precinct which consists of the Sydney Cricket Ground and Sydney Football
Stadium venues. This includes people employed as security personnel,
including gatekeepers, security, surveillance including persons employed in
control rooms to monitor, respond to or act upon alarm systems excepting
persons employed as typists, stenographers, bookkeepers, switchboard operators
or engaged in any clerical capacity whatsoever.
8. Duress
The parties to this Enterprise Award declare that this
Enterprise Award was not entered into under duress by any party to it.
9. Ordinary Hours
9.1 The ordinary
hours of work for Security Officers covered by this Enterprise Award will be an
average of 38 per week. The ordinary hours will be worked on any day Monday
through Sunday.
9.2 It is agreed
between the parties to this Enterprise Award that the ordinary hours of work
will encompass shifts at both the Sydney Cricket Ground, the Sydney Football
Stadium and other venues as directed.
9.3 The ordinary
hours of work will be rostered in one of the following ways:
(a) shifts of no
more than 9.5 ordinary hours and no more than 16 ordinary shifts per 28 day cycle; or
(b) shifts of no
more than 8 ordinary hours in length.
10. Rates of Pay
10.1 A Security Officer
Grade A will be paid the rate as set out in Item 1 of Table 1 of Part B of this
award for all work performed during ordinary hours.
10.2 A Security
Officer Grade A will be paid the rate as set out in Item 2 of Table 1 of Part B
of this award for all work performed in excess of
ordinary hours.
10.3 A Security
Officer Grade B will be paid the rate as set out in Item 3 of Table 1 of Part B
of this award for all work performed during ordinary hours.
10.4 A Security
Officer Grade B will be paid the rate as set out in Item 4 of Table 1 of Part B
of this award for all work performed in excess of
ordinary hours.
10.5 A casual Security
Officer Grade B will be paid the rate as set out in Item 5 of Table 1 of Part B
of this award for all worked performed during ordinary hours.
10.6 A Security
Officer required to work a shift in excess of twelve
hours will be provided with a meal voucher redeemable at the place of
employment or where this is not practical be paid a meal allowance in
accordance with the following table, provided that no meal allowance will be
payable where a shift handover time of 15 minutes is rostered.
10.7 The rate of pay
referred to in Clauses 10.5 is inclusive of all penalty rates, shift
allowances, overtime penalties, annual leave and meal
allowances.
10.8 Venues NSW reserves
the right to engage additional Security Officers to meet operational
requirements.
10.9 Excluding
casuals, all time worked on a public holiday will be paid at 150% of the
ordinary rate.
11. Shift Arrangements
11.1 All Officers will
be required to perform shifts as outlined in a roster developed by the employer
which may vary from time to time.
11.2 Except in the
case of emergency or by mutual agreement, the employer will provide seven days’
notice to permanent employees of a change to their roster.
11.3 Major changes to
regular rosters are to subject to consultation with the affected employees.
11.4 The employer may
implement a 12 hour shift roster which requires
Security Officers to perform 9.5 ordinary hours and a minimum of 2.5 overtime
hours per shift.
11.5 A minimum 8 hour break will be provided between shifts (including
overtime). The employee will be released until they have had at least 8
consecutive hours off duty without loss of pay for ordinary rostered hours
occurring during such absence.
11.6 If, on
instruction of the employer, the employee resumes work without having 8
consecutive hours off duty, the employee will be paid an amount equivalent to
overtime rates in lieu of all other penalties until an 8-hour break is
provided.
11.7 When rostering
overtime, WH&S and staff welling must be considered.
12. Event Days and
Functions
12.1 Employees covered
by this Enterprise Award will be offered, where available, extra shifts on
event days and functions as an Event Day Security officer, provided they are
not rostered to work the shifts outlined in Clause 9.
12.2 Where an employee
elects to work a second job as an Event Day Security officer in accordance with
this clause they will be paid under the appropriate Venues NSW (Event Day
Employees) Award
12.3 An employee is
not obliged to accept any extra shifts offered by the employer pursuant to this
clause. An employee has an obligation to ensure that any proposed Event Day
Security shift does not conflict with their commitments as a full-time Security
Officer under this award.
13. Annual Leave
13.1 An employee will
be entitled to four weeks annual leave in accordance with the Annual Holidays Act 1944.
13.2 Additional Leave
for Seven-Day Shift Workers
In addition to an annual holiday of four weeks provided
by section 3 of the Annual Holidays Act, 1944 (New South Wales), a seven-day
shift worker at the end of each year of employment is entitled to the
additional leave as prescribed below:
13.2.1 If during the year
of employment the employee has served continuously as
a seven-day shift worker, the additional leave with respect to that year is one
week.
13.2.2 If during the year
of employment the employee has served only a portion
of it as a seven-day shift worker, the additional leave is 3 1/4 hours for each
completed month of employment as a seven-day shift worker. Where the additional
leave is or comprises a fraction of a day such fraction does not form part of
the leave period and any such fraction must be discharged by payment only.
13.2.3 Where the
employment of a seven-day shift worker is terminated and there is thereby an
entitlement due under section 4 of the Annual
Holidays Act 1944 (New South Wales), to payment in lieu of an annual
holiday with respect to a period of employment such employee is also entitled
to an additional payment of 3 1/4 hour's pay for each completed month of
service as a seven-day shift worker.
13.3 Upon becoming
entitled to such annual leave an employee will be entitled to be paid an annual
leave loading of 17½% of the employees ordinary
earnings which will be paid each time the employee takes annual leave.
14. Sick Leave
14.1 Employees will be
entitled to up to 10 days sick leave without loss of pay in their first year of
service with the employer. Employees
will be entitled to 10 days sick leave in their second and subsequent years of
service with the employer.
14.2 An employee who
is unable to attend for duty during ordinary working hours by reason of
personal illness or incapacity not due to the employee’s own serious and wilful
misconduct, will be entitled to take their sick leave subject to the following
conditions:
14.2.1 the employee will
not be entitled to paid leave of absence for any period in respect of which
there is entitlement to payment under the Workplace
Injury Management and Workers
Compensation Act 2000 (New South Wales).
14.2.2 the employee will,
as soon as possible, and in any event prior to the commencement of shift,
inform the employer of such employee’s inability to attend for duty and as far
as possible, state the nature of the injury of illness and the estimated
duration of absence.
14.2.3 where an employee
does not notify the employer of the employee’s inability to attend for duty
prior to the commencement of the shift the employee will not be entitled to
payment for the first shift of such absence, provided however, in cases of
accident or incapacity to notify, to receive payment for the above the employee
will provide reasonable proof that he/she was unable to notify the employer on
account of such accident or incapacity.
14.2.4 the employee will
furnish to the employer such evidence as the employer may desire that the
employee was unable by reason of such illness or injury to attend for duty on
the day or days for which sick leave is claimed. Provided that a Statutory Declaration will be
accepted in respect of any single day absences, but not more than two such declarations
in any one year. Provided further, that
where such single day absence occurs before or after a public holiday or
rostered day off a medical certificate will be supplied.
15. Personal/Carer’s
Leave
15.1 Use of Sick Leave
15.1.1 An employee, other
than a casual employee, with responsibilities in relation to a class of person
set out in 15.1.3.2 who needs the employee’s care and support, will be entitled
to use, in accordance with this subclause, any current or accrued sick leave
entitlement, provided for at clause 14, Sick Leave of the award, for absences
to provide care and support for such persons when they are ill, or who require
care due to an unexpected emergency. Such leave may be taken for part of a
single day.
15.1.2 The employee will,
if required,
(1) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness
is such as to require care by another person, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
15.1.3 The entitlement to
use sick leave in accordance with this subclause is subject to:
15.1.3.1 the
employee being responsible for the care of the person concerned; and
15.1.3.2 the
person concerned being either:
15.1.3.2.1 a spouse
of the employee; or
15.1.3.2.2 a de
facto spouse, who, in relation to a person, is a person of the opposite sex to
the first mentioned person who lives with the first mentioned person as the
husband or wife of that person on a bona fide domestic basis although not
legally married to that person; or
15.1.3.2.3 a child
or an adult child (including an adopted child, a step child,
a foster child or an ex nuptial child), parent (including a foster parent and
legal guardian), grandparent, grandchild or sibling of the employee or spouse
or de facto spouse of the employee; or
15.1.3.2.4 a same
sex partner who lives with the employee as the de factor partner of that
employee on a bona fide domestic basis; or
15.1.3.2.5 a
relative of the employee who is a member of the same household, where for the
purposes of this clause:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relative
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
15.1.3.3 An
employee will, wherever practicable, give the employer notice prior to the
absence of the intention to take leave, the name of the person requiring care
and that person’s relationship to the employee, the reasons for taking such
leave and the estimated length of absence.
If it is not practicable for the employee to give prior notice of
absence, the employee will notify the employer by telephone of such absence at
the first opportunity on the day of absence.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
will discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 21, Grievance and Dispute Resolution Procedure,
should be followed.
15.2 Unpaid Leave for
Family Purpose
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in 15.1.3.2 above who is ill or who requires care due
to an unexpected emergency.
15.3 Annual Leave
15.3.1 An employee may
elect, with the consent of the employer to take annual leave not exceeding ten
days in single-day periods, or part thereof, in any calendar year at a time or
times agreed by the parties.
15.3.2 An employee and
employer may agree to defer payment of the annual leave loading in respect of single
day absences, until at least 5 consecutive annual leave days are taken.
15.3.3 An employee may
elect with the employer's agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
15.4 Make-Up Time
15.4.1 An employee may
elect, with the consent of their employer, to work "make-up time",
under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours
provided in this award, at the ordinary rate of pay.
15.4.2 An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours at a later time), at the shift work rate which would have
been applicable to the hours taken off.
15.5 Personal Carers
Entitlement for casual employees -
(1) Subject to the
evidentiary and notice requirements in 15.1.2 and 15.1.3.3 casual employees are
entitled to not be available to attend work, or to leave work if they need to care
for a person prescribed in subclause 15.1.3.2 of this clause who are sick and
require care and support, or who require care due to an
unexpected emergency, or the birth of a child.
(2) The employer and
the employee will agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not
entitled to any payment for the period of non-attendance.
(3) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
15A. Parental Leave
(1) Refer to the Industrial Relations Act 1996
(NSW). The following provisions will
also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).
(2) An employer
must not fail to re-engage a regular casual employee (see section 53(2) of the
Act) because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to
request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to
extend the period of simultaneous unpaid parental leave use up to a maximum of
eight weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
will consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under subclause 3(a)(ii) and subclause 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
subclause 3(a)(iii), such a request must be made as soon as possible but no less
than seven weeks prior to the date upon which the employee is due to return to
work from parental leave.
(4) Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer will take
reasonable steps to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
will take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
will also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
16. Bereavement Leave
16.1 An employee will,
on the death within Australia of a member of the employee’s family or household
(as defined in paragraph 15.1.3.2 of clause 15, Family Leave), be entitled to
leave including the day of the funeral of such relation. Such leave, for a period not exceeding two
days in respect of any such death, will be without loss of any ordinary pay
which the employee would have received if the employee had not been on such
leave. An employee whose relative, as
defined, dies outside Australia will be entitled to leave of one day without
loss of any ordinary pay, provided that such leave will be extended to two days
where the employee travels overseas to attend the funeral.
16.2 The rights to
such paid leave will be dependent on compliance with the following conditions:
16.2.1 satisfactory
evidence of such death will be furnished by the employee to the employer; and
16.2.2 the employee will
not be entitled to leave under this clause in respect of any period which
coincides with any other entitlements under this award or otherwise.
16.3 Bereavement leave
may be taken in conjunction with other leave available under subclauses 15.1,
15.2, 15.3 and 15.4 of Clause 15, Personal/Carers Leave. Where such other available leave is to be
taken in conjunction with bereavement leave, consideration will be given to the
circumstances of the employee and the reasonable operational requirements of
the employer.
16.4 Bereavement
entitlements for casual employees
16.4.1 Subject to the evidentiary
and notice requirements in 16.2.1 casual employees are entitled to not be
available to attend work, or to leave work upon the death in Australia of a
person prescribed in subclause 15.1.3.2 of clause 15, Personal/Carer's Leave.
16.4.2 The employer and
the employee will agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not
entitled to any payment for the period of non-attendance.
16.4.3 An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
17. Jury Service
17.1 An employee will
be allowed leave of absence during any period when required to attend for jury
service, provided that such leave will be limited to a maximum of two weeks in
any period of jury service.
17.2 During such leave
of absence, an employee will be paid the difference between the jury service
fees received and the normal rate of pay as if working.
17.3 An employee will
be required to produce to the employer proof of jury service fees received and
proof of requirement to attend and attendance on jury service and will give the
employer notice of such requirement as soon as practicable after receiving
notification to attend for jury service.
18. Army Reserve Leave
18.1 Upon request and
subject to the employer’s ability to grant leave, an employee will be allowed
leave of absence to attend official army reserve activities.
18.2 Subject to
subclause 18.3, such leave of absence will be without pay.
18.3 In the event that
the employer is entitled to claim a payment under the Australian Defence Force
Employer Support Payment (ESP) Scheme, an employee may be granted paid army
reserve leave to attend official army reserve activities, which will be paid
at:
18.3.1 The current amount
that is provided to the employer under the (ADF ESP Scheme); or
18.3.2 the employee’s
ordinary rate of pay
whichever is the lesser.
18.4 An employee is
not entitled to receive paid army reserve leave if he or she is receiving other
paid leave such as annual leave or long service leave to attend army reserve
activities.
19. Public Holidays
19.1 The following
days will be observed as public holidays:
New Year’s Day, Australia Day, Good Friday, Easter
Saturday, Easter Sunday, Easter Monday, Anzac Day, Queens Birthday, Labour Day,
Christmas Day, Boxing Day, Tuesday following Easter Monday, and any proclaimed
day in lieu thereof for the state.
19.2 An extra holiday
in lieu of the Tuesday following Easter Monday may be substituted by another
day in the calendar year, where mutual agreement has been reached between the
employer and the employee.
19.3 All employees may
be directed to work on public holidays as part of their rostered shift.
Employees other than casuals, will be paid at the rate of 150% of the ordinary
rate of pay.
19.4 Days in lieu of
working public holidays will not be provided.
20. No Extra Claims
The parties agree that, during the term of this award, there
will be no extra wage claims, claims for improved conditions of employment or
demands made with respect to the employees covered by the award and, further,
that no proceedings, claims or demands concerning wages or conditions of
employment with respect to those employees will be instituted before the
Industrial Relations Commission or any other industrial tribunal.
The terms of the preceding paragraph do not prevent the
parties from taking any proceedings with respect to the interpretation, application or enforcement of existing award provisions.
21. Grievance and
Disputes Resolution Procedure
21.1 The aim of this
procedure is to ensure that during the life of this Enterprise Award,
industrial grievances or disputes are prevented or resolved as quickly as
possible, at the lowest level possible in the workplace. When a dispute or
grievance arises, or is considered likely to occur, the following steps will be
followed:
21.1.1 The matter is
discussed between the staff member(s) and the supervisor involved. If the
matter is not resolved, then:
21.1.2 The initiator of
the dispute may be required to provide in writing the substance of the
grievance and state the remedy sought.
21.1.3 The matter is then
discussed in a timely way between staff member(s), the supervisor
and the manager. If the matter remains unresolved, then:
21.1.4 The matter is
discussed between senior representatives of the organisation and the relevant
union and/or staff member(s) representative.
21.2 Each of the steps
will be followed within a reasonable time frame, allowing sufficient time for
discussions at each level of authority and having regard to the nature of the
grievance or dispute.
21.3 If the matter
remains unresolved, then, it may be referred by either party
to the Industrial Relations Commission of New South Wales to exercise its
functions under the Industrial Relations
Act 1996. The parties agree to exhaust the conciliation process before
commencing the Arbitration process.
21.4 At any stage of
this procedure, the employer may be represented by an industrial organisation
of employers and the employees may be represented by an industrial organisation
of employees.
21.5 It is agreed that
the parties will not deliberately frustrate or delay these procedures.
21.6 Normal work
will continue without disruption while these procedures are followed.
22. Area Incidence and
Duration
22.1 This Enterprise
Award rescinds and replaces the Sydney Cricket and Sports Ground Trust Security
Enterprise Award 2019 published 19 June 2020 (388 I.G. 998) as varied.
22.2 The purpose of
this Enterprise Award is to regulate the terms and conditions of employment of
Security Staff at Venues NSW whose primary employment location is at our Moore Park
Precinct which consists of the Sydney
Cricket Ground and the Sydney Football Stadium.
22.3 This Enterprise
Award is to read in conjunction with the Security Industry (State) Award and
variations thereof. Where there is an
inconsistency between the two awards, this award will apply.
22.4 This award will take effect from the first full pay period
on or after the date of approval and will remain in force for a period of twenty four months.
23.
Anti-Discrimination
23.1 It is the
intention of the parties bound by this award to seek to achieve the object of
in section 3(f) of the Industrial
Relations Act 1996 (NSW), to prevent and eliminate discrimination in the
workplace on the grounds of race, sex marital or domestic status, disability,
homosexuality, transgender identity, age, and responsibilities as a carer.
23.2 Accordingly, in
fulfilling their obligations under the dispute resolution procedure, the parties
must take all reasonable steps to ensure that neither the award provisions nor
their operation are directly or indirectly discriminatory in their effects.
23.3 Under the Anti-Discrimination Act 1977 (NSW), it
is unlawful to victimise an employee because the employee has made or may make
or has been involved in a complaint of unlawful discrimination or harassment.
23.4 Nothing in this
clause is to be taken to affect:
23.4.1 any conduct or act
which is specifically exempted from anti-discrimination legislation,
23.4.2 offering or
providing junior rates of pay to persons under 21 years of age,
23.4.3 any act or
practice of body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977 (NSW),
23.4.4 a party to this
award from pursuing matters of unlawful discrimination in any state or federal
jurisdiction.
23.5 This clause does
not create legal rights or obligations in addition to those imposed upon by the
parties by the legislation referred to in this clause.
NOTES
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d) of
the Anti-Discrimination Act 1977
provides:
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
24. Secure Employment
Provisions
24.1 Objective of this
Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer's workforce, in particular by ensuring that casual employees have an
opportunity to elect to become full-time or part-time employees.
24.2 Casual Conversion
(i)
A casual employee engaged by a particular employer on a
regular and systematic basis for a sequence of periods of employment under this
Award during a calendar period of nine months will thereafter have the right to
elect to have his or her ongoing contract of employment converted to permanent
full-time employment or part-time employment if the employment is to continue
beyond the conversion process prescribed by this subclause.
(ii) Every employer
of such a casual employee will give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of nine months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(iii) Any casual
employee who has a right to elect under subclause 24.2(i),
upon receiving notice under subclause 24.2(ii) or after the expiry of the time
for giving such notice, may give four weeks' notice in writing to the employer
that he or she seeks to elect to convert his or her ongoing contract of
employment to full-time or part-time employment, and within four weeks of
receiving such notice from the employee, the employer will consent to or refuse
the election, but will not unreasonably so refuse. Where an employer refuses an
election to convert, the reasons for doing so will be fully stated and
discussed with the employee concerned, and a genuine attempt will be made to
reach agreement. Any dispute about a refusal of an election to convert an
ongoing contract of employment will be dealt with as far as practicable and
with expedition through the disputes settlement
procedure.
(iv) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(v) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(vi) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with subclause 24.2(iii), the
employer and employee will, in accordance with this paragraph, and subject to
paragraph 24.2(iii), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial
Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(vii) Following an
agreement being reached pursuant to subclause 24.2(vi), the employee will
convert to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it will be dealt with as far as practicable
and with expedition through the disputes settlement
procedure.
(viii) An employee must
not be engaged and re-engaged, dismissed or replaced
in order to avoid any obligation under this subclause.
24.3 Workplace Health
and Safety
(i) For
the purposes of this subclause, the following definitions will apply:
(1) A "labour
hire business" is a business whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which has as its business function, or one of its
business functions, to supply staff employed or engaged by it to another
employer for the purpose of such staff performing work or services for that
other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer's own employees.
(ii) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer's premises will do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the
workplace health and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
workplace health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(iii) Nothing in this
subclause (c) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Work Health and Safety Act 2011 or the Workplace Injury Management and Workers
Compensation Act 1998.
24.4 Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter will be dealt with pursuant to the
dispute settlement procedure of this award.
24.5 This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship
and Traineeship Act 2001 (or equivalent interstate legislation) and are
deemed by the relevant State Training Authority to comply with the national
standards for Group Training Organisations established by the ANTA Ministerial
Council.
25. First Aid
Certificates
25.1 The employer will
provide relevant first aid training on an as required/a time to time basis for
the provision of first aid certificates.
25.2 A first aid
certificate will be provided to the employee upon successful completion of the
relevant first aid training.
25.3 Where the
employer doesn’t provide in-house training as clause 25.1 stipulates, and the
employee needs to undertake first aid training with a Registered Training
Organisation the employer will reimburse the employee the cost of the training,
subject to prior approval before attending the training and upon providing
evidence of relevant fees paid.
26. Security Licence
26.1 It is a condition
of employment that employees hold and maintain a valid security licence.
26.2 Venues NSW will
pay to employees a gross amount equivalent to the fee payable by an employee
upon application for the renewal of licence under the Security Industry Act 1997 (NSW), subject to the satisfaction of
the following conditions:
(a) The employee is
employed by Venues NSW as at the date of renewal;
(b) The employee
obtains the renewal of their security licence; and
(c) The employee
provides evidence to Venues NSW of the payment of the relevant fee, as required
by the Venues NSW.
27. Uniforms
27.1 Employees will be
provided with four shirts, two pairs of pants and one pair of boots on
commencement of employment and thereafter annually.
27.2 Uniform items no
longer serviceable due to fair wear and tear will be, where necessary replaced
subject to an aggregate maximum of eight shirts, four pairs of pants and two
pairs of shoes per annum.
28. Tools of the Trade
28.1 Employees will be
issued with relevant tools of the trade for their safety and operational
requirements which may include, but is not limited to load bearing vests,
handcuffs, batons, leather-man, torch, body worn video, IFAK medical kit,
protective gloves, and protective eyewear.
29. Meetings and
Training
29.1 Wherever possible,
meetings and training should be scheduled during rostered hours set out in
clause 9.1 and are considered standard business.
29.2 Any training
undertaken outside of the employee’s rostered hours will be scheduled as
overtime and be paid as such.
30. Notice of
Termination
30.1 Venues NSW may
terminate the employment of a full-time or part time employee by providing the
employee with four (4) weeks’ notice of termination or payment in lieu of
notice. This will not affect the right of the employer to dismiss an employee
without notice in the case of an employee guilty of serious misconduct.
30.2 The notice of
termination required to be given by a full-time or part-time employee on
resignation is the same as that required of the employer. A lesser period of
notice may be negotiated by mutual agreement.
31. Trade Union Training Courses
Special
leave can be granted for Accredited Work Health and Safety (WHS) courses and
any other accredited WHS training for employees who are WHS Committee members.
The provider(s) of accredited WHS training courses and
the conditions on which special leave for such courses will be
granted, will be decided on and approved by Venues NSW.
The
Trade Union Education Foundation, the Union or a training provider nominated by
the Union may nominate courses for employees to participate in. Employee
participation will be approved by Venues NSW and will be subject to:
(a) The operating requirements of the workplace permitting the
grant of leave and the absence not requiring employment of relief employees;
(b) Payment being made by Venues NSW at the base rate, i.e. excluding all separately identifiable payments such as
shift penalties/allowances and overtime, etc.;
(c) All travelling and associated expenses being met by the employee
or the Association;
(d) Attendance being confirmed in writing by the Association or a
nominated training provider.
32. Deduction of Trade Union Membership Fees
At the employee’s election,
the Employer shall provide for the employee’s Union membership fees to be
deducted from the employee’s pay and ensure that such fees are transmitted to
the employee’s Union at regular intervals. Alternative arrangements for the
deduction of Union membership fees may be negotiated between the Employer and
United Voice.
PART B
MONETARY RATES
Table 1
|
Item No.
|
Classification
|
Rates from the FFPP on or after
30 September 2021
(2.04%)
|
Rates from the FFPP on or after
the date this award comes into effect.
|
Rates from the FFPP 12 months after this
award comes into effect
|
|
|
|
|
(2.53%)
|
(2.53%)
|
|
1
|
Security Officer Grade A Ordinary
hours
|
$32.85
|
$33.68
|
$34.53
|
|
2
|
Security Officer Grade A In excess of
ordinary hours
|
$49.28
|
$50.53
|
$51.81
|
|
3
|
Security Officer Grade B Ordinary Hours
|
$30.12
|
$30.88
|
$31.66
|
|
4
|
Security Officer Grade B In excess of ordinary hours
|
$45.18
|
$46.32
|
$47.49
|
|
5
|
Security Officer Grade B Casual
|
$35.39
|
$36.29
|
$37.21
|
C. MUIR Commissioner
____________________
Printed by
the authority of the Industrial Registrar.