WIN Sports and Entertainment Centres Australian
Workers' Union (State) Award 2023
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. 213275 of 2023)
|
Before Commissioner Sloan
|
14 July 2023
|
AWARD
ARRANGEMENT
The conditions of employment contained in Part A of this
award apply to all employees.
The conditions of employment contained in Part B of this
award apply only to all non-managerial employees.
The conditions of employment contained in Part C of this award
apply only to all managerial employees.
PART A
ALL EMPLOYEES
Clause No. Subject Matter
1. Title
2. Definitions
3. Parties
4. Intention
5. No Extra
Claims
6. Application
7. Period of
Operation
8. Terms of
Engagement
9. Rates of
Pay
10. Payment of
Wages
11. Superannuation
and Salary Sacrificing
12. Income
Protection
13. Training
14. Meal Breaks
and Allowances
15. Annual
Leave and Annual Leave Loading
16. Long
Service Leave
17. Sick Leave
18. Personal
Carers Leave
19. Bereavement
Leave
20. Time off in
Lieu / Make up Time / Roster Days
21. Parental
Leave
22. Jury
Service
23. Introduction
of Change
24. Classification
Level and Salary Point
25. Disputes
Procedure
26. Role of the
Union
27. Consultative
Committee
28. Anti-Discrimination
29. Secure
Employment
PART B - GENERAL EMPLOYEES
30 Classifications
31. Termination
of Employment
32. Hours of
Work
33. Overtime
and Time Off In Lieu
34. Meal Breaks
and Allowances
35. First Aid
Allowance
36. Public
Holidays
37. Uniforms
and Protective Clothing
38. Multi-Hiring
PART C - MANAGEMENT EMPLOYEES
39. Duties and
Responsibilities
40. Remuneration
41. Provision
of a Vehicle
42. Termination
43. Hours of
Work
44. Confidentially
45. Professional
Indemnity
46. Resources
47. Professional
Development
48. Expenses
PART D - MONETARY RATES
Table 1 - Non-annualised Employees Rates of Pay
Table 2 - Casual Employees Rates of Pay
Table 3 - Annualised Employees Rates of Pay
Table 4 - Management Employees Rates of Pay
Table 5 - Other Rates and Allowances
PART A
ALL EMPLOYEES
1. Title
1.1 This award will
be known as the WIN Sports and Entertainment Centres Australian Workers’ Union
(State) Award 2023.
2. Definitions
“Annualised Employee” means an employee receiving an
annualised salary in a classification contained in Table 3 of part D - Monetary
Rates of the award.
"Employee"
means a person employed by the Venues NSW Staff Agency at the WIN Sports and
Entertainment Centres on an ongoing full-time, ongoing part-time, temporary or casual basis.
"General Employee" means an employee engaged in a classifications contained in Tables 1, 2 or 3 of Part D -
Monetary Rate of the award.
“Non-Annualised Employee” means an employee engaged and
remunerated in a classification contained in Tables 1 or 2 of Part D - Monetary
Rates of the award.
"Management Employee" means an employee engaged in
a classification contained in Table 4 of Part D - Monetary Rates of the award.
"Union" means the Australian Workers Union, New
South Wales.
"WSEC" means the WIN Sports and Entertainment
Centres.
3. Parties
3.1 The parties to
this award are:
a. Venues NSW
b. The Venues NSW
Staff Agency
c. The Industrial
Relations Secretary; and
d. The Australian
Workers’ Union, New South Wales (the Union).
4. Intention
4.1 The parties to
this Award acknowledge that good industrial relations are central to the
effective and efficient operation of facilities controlled by the WIN Sports
and Entertainment Centres and thereby providing the workforce with fair and
equitable rates of pay, stability of income and employment, whilst providing
the community of the Illawarra with first class sporting, entertainment
and recreation facilities.
5. No Extra Claims
5.1 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.
5.2 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or
enforcement of existing award provisions.
6. Application
6.1 This Award is binding on Venues
NSW, the Venues NSW Staff Agency, WSEC, employees of the Venues NSW Staff Agency
working for the WSEC, and the Australian Workers Union (New South Wales Branch)
representing their members employed at the WSEC, in respect of the employment
conditions and rates of pay for the Venues NSW Staff Agency employees engaged
in the operation, maintenance and administration of grounds and facilities
operated and/or controlled by the WIN Sports and Entertainment Centres."
7. Period of Operation
7.1 This
award will operate from 4 July 2023 and remain in effect for one (1) year and
rescinds and replaces the WIN Sports and Entertainment Centres Australian
Workers’ Union (State) Award 2022 published 13 May 2022 (391 I.G. 1198),
and any variation thereof.
7.2 The
award stands alone. All other agreements and awards are excluded from having
any application to employees of the Venues NSW Staff Agency working for the
WSEC while performing the work covered by the award.
8. Terms of Engagement
8.1 Employees under
this Award will be engaged as Ongoing (full-time or part-time), Temporary or
Casual employees as defined in Section 43 of the Government Sector Employment Act 2013.
8.2 Ongoing
and temporary non-annualised full-time employees, will be paid the rate
of pay for the appropriate skill level as set out in of Table 1 of Part D,
Monetary Rates.
8.3 Ongoing and
temporary annualised full-time employees will be paid the rate of pay for the
appropriate skill level as set out in Table 3 of Part D, Monetary Rates.
Ongoing and temporary annualised part-time employees will be paid pro-rata the
rate for the appropriate skill level as set out in Table 3 of Part D, Monetary
Rates. Further terms of engagement for annualised salaried employees are set
out in clause 33 of Part B, Overtime and Time off in Lieu.
8.4 Ongoing and
temporary non-annualised part-time employees will be engaged to work flexible
hours and rosters to meet the needs of the business as agreed in advance
between the WSEC and the employee concerned, provided that such lesser hours
are no fewer than 80 hours per month or 4 hours per shift.
8.5 Part-time
non-annualised employees will be paid pro-rata the rate for the appropriate
skills level as set out in Table 1 of Part D Monetary Rates. The provisions of
subclause8.4 of this Clause will apply to part-time employees in addition to
the other provisions of this award, with the exception that sick leave, annual
leave loading and family leave will be allowed on a pro-rata basis.
8.6 Casual employees
will be employees employed by the hour and will be employed for a minimum of
three (3) hours per engagement.
8.7 All employees
may be requested to attend training. When employees have been rostered on or
requested to attend for training there
will be a minimum shift engagement of (2) hours per training engagement.
8.8 The WSEC may
direct an employee to carry out such duties as are within the limits of the
employee’s skill, competence and training, provided
that such duties are not designed to promote de-skilling.
8.9 Despite any
other provision of this Award, the WSEC is not required to pay wages to any
employee for any day on which that employee cannot be usefully employed because
of any strike.
9. Rates of Pay
9.1 The rates of pay
in this Award take into account structural efficiency
changes and safety net wage increases available up to the date of its making;
and include a loading in lieu of penalty rates on Saturday and Sundays.
9.2 The ordinary
hourly rates of pay relating to persons employed under this award are those
applying in Tables 1, 2, 3 and 4 of Part D attached hereto.
9.3 An employee will
only be classified and paid at a higher level of skill if the WSEC has a
vacancy at that level and the employee has attained the necessary skills and
has been accredited and appointed to a higher level. The employee will be paid
the rate for that classification regardless of the actual task carried out in
the enterprise.
9.4 An employee who
is required to perform work, for a temporary period, at a higher skill level
than that which is normally performed will be paid at the appropriate higher
wage rate whilst performing such duties, provided that the work so performed
extends beyond four hours.
9.5 A non-annualised
or annualised salaried employee who, during a single period of relief of 5
working days or greater, is required to perform the duties of a Manager and, in
the opinion of the appropriate Department Head, satisfactorily performs the
whole of the duties and assumes the whole of the responsibilities of that role
will be paid by allowance any difference between the employee’s present salary
and the salary to which the employee would have been entitled if appointed to
that Management role.
9.6 When the
employee undertakes a proportion of the duties and responsibilities of the
relief role an allowance will be paid to reflect the percentage of duties
undertaken, for example if an employee undertakes 50% of the duties and
responsibilities of the substantive occupant during the relevant period a 50%
allowance would be payable.
10. Payment of Wages
10.1 All moneys
payable to employees will be paid fortnightly by electronic funds transfer.
10.2 For each pay
period the employee will be supplied with a written statement showing how the
pay has been made up and including details of any deductions.
11. Superannuation and
Salary Sacrificing
11.1 The subject of
superannuation is dealt with extensively by federal legislation including the Superannuation Guarantee (Administration)
Act 1992, the Superannuation
Guarantee Charge Act 1992, the Superannuation
Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and Section 124 of the Industrial Relations Act 1996 (NSW).
This legislation, as varied from time to time, governs the Superannuation
rights and obligations of the parties.
11.2 Subject to the
requirements of this legislation, superannuation contributions may be made to
either ASSET (Australian Superannuation Savings Employment Trust), Australian
Super, or HESTA (Health & Community Services Industry Fund) on a monthly basis on behalf of employees engaged under the
provisions of this award.
SALARY SACRIFICE TO
SUPERANNUATION
11.3 Notwithstanding the
salaries as varied by Clause 9, Rates of Pay of this award an employee may
elect, subject to the agreement of the WSEC, to sacrifice a portion of the
salary payable under Clause 9 Rates of Pay of this award to additional employer
superannuation contributions. Such election must be made prior to the
commencement of the period of service to which the earnings relate. The amount
sacrificed may be up to one hundred (100) percent of the salary payable under
Clause 9, Rates of Pay of this award.
11.4 Where the
employee has elected to salary sacrifice a portion of their salary to
additional employer superannuation contributions:
i. Subject
to Australian Taxation law, the sacrificed portion of salary will reduce the
salary subject to appropriate PAYG taxation deductions by the amount of that
sacrificed portion; and
ii. Any allowance,
penalty rate, payment for unused leave entitlements, weekly worker’s
compensation or other payment, other than any payments for leave taken in
service, to which an employee is entitled under this Award or any applicable
Award, Act or statute which is expressed to be determined by reference to an
employee’s salary, will be calculated by reference to the salary which would
have applied to the employee under Clause 9, Rates of Pay of this award in the
absence of any salary sacrifice to superannuation made under this award.
11.5 Where an employee
elects to salary sacrifice in terms of subclause 11.3 above, the WSEC will pay
the sacrificed amount into the relevant superannuation fund.
12. Income Protection
12.1 All ongoing and
temporary weekly employees and regularly employed casuals (being casuals
rostered for more than 20 hours in any 28 day period)
will be covered by a Sickness and Accident Income Protection Plan approved and
endorsed by the union.
12.2 It is a term of
this award that the WSEC will bear the costs of one percent of gross weekly
award rate of pay per member towards providing income protection with a minimum
of $4.00 up to a maximum of $8.00 per month, for regularly employed casuals (as
defined).
13. Training
13.1 The WSEC
acknowledges its commitment to provide its employees with career paths and
access to more varied, fulfilling and better paid jobs through training.
13.2 No employee will be
required to perform work at a level of skill for which that employee has not
been suitably trained. In accordance with the needs of the enterprise, training
will be provided to enable employees to qualify for classification to, and to make a contribution at, higher levels of skill, by the
application of a Training Program.
13.3 The WSEC will
accept responsibility for the organisation of ‘on-the-job’ training
but employees will assist as required in the training of other employees. For
training ‘off-the-job’ the WSEC will accept responsibility for arranging the
training in all cases where the WSEC requests such training to meet staffing
requirements.
13.4 The WSEC will pay
at the classified level of skill during all training undertaken in normal
working hours. For training undertaken ‘off-the-job’ and outside normal working
hours, and approved by the WSEC as being in accordance
with the need of the enterprise, the company will pay all necessary fees and
the cost of essential textbooks, literature and stationery.
13.5 An employee who
undertakes one or more tasks, but not all the tasks, at a higher level of skill
than that to which the employee is accredited, as part of their training for
qualification to that higher level, will continue to be paid at the classification
level rate for which the employee has been accredited.
14. Meal Breaks and Allowances
14.1 Full-time and
part-time employees
i. All
employees will be allowed an unpaid meal break of 45
minutes duration, to be taken between five to six hours after the commencement
of work (depending on the need of the WSEC). Each subsequent unpaid meal break
of similar duration will be taken between five to six hours after the time of
the previous meal.
14.2 Casual Employees
i. All
casual employees who work for more than five consecutive hours will be entitled
to an unpaid meal break of 45 minutes duration, to be taken according to the
needs of the WSEC before six hours have elapsed. After each subsequent
five-hour period from the time of the first entitlement the employee will be
given a further meal break under similar conditions.
ii. Casual
employees who work at least four hours will be entitled to a paid refreshment
break of ten minutes duration during that shift, to be taken at the place of
work and at a time to suit the needs of the WSEC.
15. Annual Leave and
Annual Leave Loading
15.1 The annual leave
provisions will be governed by the Annual
Holidays Act 1944 (NSW) as
amended.
15.2 All ongoing and
temporary employees will be entitled to four weeks annual leave for each
completed year of service, less the period of annual leave taken.
Note: For part-time employees the entitlement under
this subclause, expressed in hours, is pro-rata the entitlement of fulltime
employees.
15.3 Ongoing and
temporary employees engaged as General Employees under Tables 1 or 3 of Part D
of this award will accrue at the anniversary of their employment a loading
equal to seventeen and a half percent of their ordinary pay for four weeks.
15.4 Annual leave
loading will be paid on a pro-rata basis on each occasion an employee takes
annual leave in the leave loading year, except as provided for in subclause
15.9 of this clause, up to the maximum amount specified in subclause 15.3.
15.5 The taking of
annual leave will as far as practicable be taken at a mutually agreed time and
for a mutually agreed duration up to the maximum entitlement contained herein.
15.6 Under no
circumstances will annual leave be allowed to accrue above the entitlement for
a period of two years.
15.7 No employee will
be recalled from annual leave once they have commenced such leave, without the
re-crediting of that proportion of the leave already used and the
re-imbursement of any additional expenses incurred by the employee as a consequence of such recall.
15.8 An employee may
elect, with the consent of the employer, subject to the Annual Holidays Act 1944, 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.
15.9 An employee and
employer may agree to defer payment of annual leave loading in respect of
single day absences, until at least five consecutive annual leave days are
taken.
16. Long Service Leave
16.1 Prior to 1st
September 2005, employees are entitled to long service leave in accordance with
the provisions of the Long Service Leave
Act 1955.
16.2 For continuous
service post 1st September 2005, employees will accrue long service leave as
follows:
a. Ten weeks paid
leave after ten years’ service, and thereafter,
b. Five weeks paid
leave on the completion of each additional five years’ service.
Note: For part-time employees the entitlement under
this subclause, expressed in hours, is pro-rata the entitlement of fulltime
employees.
16.3 Such leave
accrual will not apply to any long service leave that has accrued prior to 1st
September 2005.
17. Sick Leave
17.1 A full time employee
will be entitled to 10 days sick leave per year. Part-time employees will be
entitled to a proportionate amount of sick leave.
17.2 If the full
period of sick leave is not taken in any one year, the whole or untaken portion
will accumulate from year to year. Such accumulation will be limited to
benefits up to a maximum of 100 days paid leave.
17.3 An employee will
not be entitled to sick leave for any period in respect of which such employee
is entitled to worker’s compensation.
17.4 Where an employee
is ill or incapacitated on a rostered day or shift off
he/she will not be entitled to sick pay on that day nor will his/her
entitlement to sick leave be reduced as a result of such illness or incapacity.
17.5 Where an employee
is absent for more than one consecutive day, or more than three single days in
a year, the employee will provide the employer with a doctor’s certificate.
17.6 The employee,
wherever possible, will, prior to the commencement of the absence on sick
leave, inform the employer of their inability to attend for duty and as far as
practicable, state the nature of the injury or illness, and the estimated
duration of the absence.
18. Personal Carers Leave
18.1 An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subclause 18.3.2 of this subclause, who need the employee’s
care and support, will be entitled to use, in accordance with the subclause,
any current or accrued sick leave entitlement provided for in Clause 17, Sick
Leave, of this Part 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.
18.2 The employee
will, if required, establish by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
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.
18.3 The entitlement
to use sick leave in accordance with this subclause is subject to:
18.3.1 The employee being
responsible for the care and support of the person concerned; and
18.3.2 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 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
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 purpose of
this paragraph:
"relative" means a person related by blood,
marriage or affinity;
"affinity" means a relationship that one
spouse because of marriage has to blood relatives of the other;
and
"household" means a family group living in
the same domestic dwelling.
18.4 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 their
relationship to the employee, the reasons for taking such leave and the
estimated length of absence. If it is not practicable for the employee to give
prior notice of absence, the employee will notify the employer by telephone of
such of such absence at the first opportunity on the day of absence.
Unpaid Leave for Family Purpose
18.5 An employee may
elect, with the consent of the employer, to take unpaid leave for the purpose
of providing care and support to a class of person set out in subclause
18.3.2above who is ill.
19. Bereavement Leave
19.1 A full-time or
part-time employee will be entitled to a maximum of three (3) days leave
without loss of pay on each occasion and on the production of satisfactory
evidence of the death within Australia of a parent (including foster parent and
parent-in-law), grandmother, grandfather, wife, husband, de facto wife, de
facto husband, sister, brother, child, stepchild or
grandchild.
20. Time Off in
Lieu/Make Up Time/Roster Days
20.1 Time Off in Lieu
of Payment of Overtime
20.1.1 An employee may elect,
with the consent of the employer, to take time off in lieu of payment for
overtime at a time or times agreed with the employer within twelve (12) months
of the said election.
20.1.2 Overtime taken as
time off during ordinary time hours will be taken at the ordinary time rate
that is an hour for each hour worked.
20.1.3 If, having elected
to take time as leave in accordance with paragraph 20.1.1 of this subclause,
the leave is not taken for whatever reason payment for time accrued at overtime
rates will be made at the expiry of the twelve (12) month period or on
termination.
20.1.4 Where no election
is made in accordance with the said paragraph 20.1.1, the employee will be paid
overtime rates in accordance with the award.
20.2 Make-up Time
20.2.1 An employee may
elect, with the consent of the employer, to work "make-up time",
under which the employee takes time off during ordinary hours, and works those
hours at a later time, during the spread of ordinary
hours provided in the award, at the ordinary rate of pay.
20.3 Rostered days off
20.3.1 An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
20.3.2 An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
20.3.3 An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employer or employee.
20.3.4 Where a dispute
may arise in respect of this subclause, the disputes procedure as provided for
in clause 25 of this award will be followed.
21. Parental Leave
21.1 An ongoing or temporary
full-time and part-time employee will be entitled to parental leave pursuant to
the provisions of the NSW Industrial
Relations Act 1996.
21.2 Concurrent with
the above unpaid leave provisions, all employees will be entitled to the
following employer paid parental leave provisions:
a. Paid Maternity
Leave - fourteen (14) weeks paid maternity leave to all female ongoing and
temporary full-time and part-time employees
b. Paid Paternity
Leave - two (2) weeks paid paternity leave to all male ongoing and temporary
full-time and part-time employees
21.3 Determination No.
4 of 2022 made under Section 52 of the Government Sector Employment Act
2013 (‘the Paid Parental Leave Scheme Determination’) includes various
conditions of employment for public sector employees related to paid parental
leave. To the extent of any
inconsistencies between the Parental Leave Scheme Determination and this Award,
the provisions of the Parental Leave Scheme Determination apply and prevail
over the Award.
22. Jury Service
22.1 An ongoing or
temporary employee required to attend for jury service will be reimbursed by
the WSEC the difference between the amount received for the service and the
amount the employee would have earned for ordinary hours, on production of
evidence of payment received for the service.
23. Introduction of Change
23.1 Where the WSEC
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 WSEC will notify the employees
who may be affected by the proposed changes, and the union, if the employees
are members.
23.2 "Significant
effects" include termination of employment, major changes in the
composition of the WSEC workforce or in the skills required; the elimination or
diminution of job opportunities, promotions 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. However, where this
award makes provision for alteration of any of the matters referred to herein,
an alteration will be deemed not to have a significant effect.
23.3 The WSEC will
discuss with the employees affected and, if they are members of the union, the
union, inter alia, the introduction of the changes referred to in subclause
23.1 of this clause, the effects the changes are likely to have on employees
and will give prompt consideration to matters raised by employees and, if they
are members of the union, by their union, in relation to the changes.
23.4 The discussions
will commence as early as practicable after a definite decision has been made
by the WSEC to make the changes referred to in subclause 23.1 of this clause.
23.5 For the purpose
of such discussion, the WSEC will provide in writing to the employees concerned
and, if they are members of the union, to their union, 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. However, the WSEC will not be required to disclose confidential
information, the disclosure of which would be contrary to the WSEC’s interests.
24. Classification
Level and Salary Point
24.1 The WSEC will
provide in writing to each employee, a brief job description and the level upon
which they are being employed and whether they will be remunerated as either a
non-annualised or annualised employee.
24.2 An employee may
request on an annual basis a performance and skills review if they believe
their work, level of responsibility or skill have changed significantly enough
to warrant an upgrade to a new salary point or level.
24.3 Employees may be
appointed to their classification level and salary point on the wages structure
according to the level of job performance, responsibility, skills, experience and work to be carried out.
25. Disputes Procedure
25.1 All grievances
and disputes relating to the provisions of this award will initially be dealt
with as close to the source as possible, with graduated steps for further
attempts at resolution at higher levels of authority within the Agency, if
required.
25.2 An employee is
required to notify in writing their immediate manager, as to the substance of
the grievance, dispute or difficulty, request a
meeting to discuss the matter, and if possible, state the remedy sought.
25.3 Where the
grievance or dispute involves confidential or other sensitive material
(including issues of harassment or discrimination under the Anti-Discrimination Act 1977) that makes
it impractical for the employee to advise their immediate manager the
notification may occur to the next appropriate level of management, including
where required, to the Department Head or delegate.
25.4 The immediate
manager, or other appropriate employee, will convene a meeting in order to resolve the grievance, dispute or difficulty
within two (2) working days, or as soon as practicable, of the matter being
brought to attention.
25.5 If the matter
remains unresolved with the immediate manager, the employee may request to meet
the appropriate person at the next level of management in
order to resolve the matter. This manager will respond within two (2)
working days, or as soon as practicable. The employee may pursue the sequence
of reference to successive levels of management until the matter is referred to
the Agency Head.
25.6 The Agency Head
may refer the matter to the Industrial Relations Secretary for consideration.
25.7 If the matter
remains unresolved, the Agency Head will provide a written response to the
employee and any other party involved in the grievance, dispute
or difficulty, concerning action to be taken, or the reason for not taking
action, in relation to the matter.
25.8 An employee, at
any stage, may request to be represented by the Union.
25.9 The employee or
the Union on their behalf or the Agency Head may refer the matter to the New
South Wales Industrial Relations Commission if the matter is unresolved
following the use of these procedures.
25.10 The employee,
Association, Union and the industrial Relations
Secretary will agree to be bound by any order or determination by the New South
Wales Industrial Relations Commission in relation to the dispute.
25.11 Whilst the
procedures outlined in subclauses 25.1 to 25.10 of this clause are being
followed, normal work undertaken prior to notification of the dispute or
difficulty will continue unless otherwise agreed between the parties, or, in
the case involving work health and safety, if practicable, normal work will
proceed in a manner which avoids any risk to the health and safety of any
employee or member of the public.
26. Role of the Union
26.1 Union Commitment
The union commits itself to promote a harmonious and
productive workplace environment in which employees are committed to the
organisation. Every effort will be made to ensure that the dispute settlement
procedures are followed and industrial disruption is
avoided.
In recognition of this, the following procedure will be
implemented:
26.1.1 Attendance at the
work site.
Properly accredited officials of the union will have
the right, subject to security arrangements, to enter the work site to observe
the performance of work and to talk to employees, after notifying his presence
on the worksite to managements. The union will be provided with appropriate
access to employees to promote the benefits of union membership.
26.1.2 Union/Employer
Co-operation.
To facilitate union membership, the WSEC will:
a. Provide
payroll deduction services for union fees. Such fees will be remitted to the
union on a monthly/fortnightly basis with enough information supplied to enable
the union to carry out a reconciliation;
b. Supply all
employees with an application form to join the union at the same time as
employees are provided with their taxation declaration form;
c. Provide the
union with access to talk to all new employees at all induction training. In
this regard the WSEC will organise such access for the union in a way which is
conductive to the union being able to give a presentation to as small a group
as practicable;
d. Ensure that all
supervisors are trained in the provisions of the award and the employer’s
policy on union membership.
26.1.3 Role of the union
delegate
a. For the
purpose of the union conducting their business on a day to
day basis, the WSEC will recognise duly elected/appointed union
delegates.
b. Union delegates
will be allowed reasonable time during work hours to interview the WSEC or the
WSEC’s representatives on matters affecting employees.
c. Union
delegates will be allowed reasonable time during working hours to discuss with
individual union members any matters pertaining to their work.
d. Union delegates
will be allowed to meet with their union official(s) to discuss issues, which
may need to be progressed either in the consultative committee or via the
dispute settling procedure. Such meetings whilst in paid time will be
determined following consultation with the employer.
26.14 Investigating
Complaints
For the purpose of
investigating complaints concerning the application of this Award, a duly
accredited union representative will be afforded reasonable facilities for
entering an employer’s worksite during working hours, subject to the following
conditions:
a. The
representative discloses to the WSEC nominee the complaint which is to be investigated;
b. The
representative conducts such investigations in the presence of the WSEC’s Nominee;
c. The
representative does not interfere with work proceeding in the workshop or plant;
d. The
representative conducts themselves properly.
27. Consultative Committee
27.1 A consultative
committee made up of management and the workplace union representatives will
meet on a bi-monthly or an as-required basis for the purpose of reviewing the
implementation of this award and other workplace issues which might arise from
time to time.
27.2 Minutes of each
meeting will be kept and made available to the WSEC or the union if required.
28.
Anti-Discrimination
28.1 It is the intention
of the parties bound by this award to seek to achieve the object in section
3(f) of the Industrial Relations Act
1996 to prevent and eliminate discrimination in the workplace. This includes
discrimination on the grounds of race, sex, marital status, disability,
homosexuality, transgender identity, age and
responsibilities as a carer.
28.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award, the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of these obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
28.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
28.4 Nothing in this
clause is to be taken to affect:
a. any conduct or
act which is specifically exempted from anti-discrimination legislation;
b. offering or
providing junior rates of pay to persons under 21 years of age;
c. any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
Act 1977;
d. a party to this
award from pursuing matters of unlawful discrimination in any State or federal
jurisdiction.
28.5 This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by legislation referred to in this clause.
29. Secure Employment
29.1 Work Health and
Safety
29.1.1 For the purposes
of this subclause, the following definitions will apply:
(a) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(b) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
29.1.2 Any employer which
engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises will do the following (either
directly, or through the agency of the labour hire or contract business):
(a) consult with
employees of the labour hire business and/or contract business regarding the
workplace occupational health and safety consultative arrangements;
(b) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(c) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(d) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
29.1.3 Nothing in this
subclause 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.
29.2 Disputes
Regarding the Application of this Clause
29.2.1 Where a dispute
arises as to the application or implementation of this clause, the matter will
be dealt with pursuant to the disputes settlement
procedure of this award.
29.3 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.
PART B
GENERAL EMPLOYEES
30. Classifications
30.1 Employees will
perform all duties required by the WSEC within their skill and competence, to ensure
the elimination of demarcation barriers preventing an employee from performing
the whole job. At times, these duties may require an employee to perform tasks
incidental to their normal activities in order to
ensure events are staged in the most cost-efficient manner possible.
30.2 Subject to
subclause 30.1 of this clause, general employees will be advised in writing of
their employment relating to the following classification structure:
30.3 LEVEL 1
30.3.1 Will be an
employee with no qualifications or relevant industry experience, who performs
duties of a routine nature, requiring the use of minimal judgement and direct
supervision.
Such an employee will be undertaking either on-the-job
or off-the-job structured training relevant to the enterprises’ needs.
30.3.2 A Level 1 employee
will perform the work of a Level 2 but under direct supervision. The maximum
period of employment for an employee as a Level 1 employee will be 380 hours.
30.3.3 Provided that an
employee who hasn’t demonstrably reached the standard of performance required
by the WSEC justifying progression to Level 2, will be counselled
and provided the appropriate additional training and be allowed the opportunity
to achieve the standard required for a period of a maximum of four (4) additional
weeks, prior to a further review of their performance. After such additional
period the employment of the individual will either be terminated
or they will be reclassified to a higher level or offered an alternative role.
30.4 LEVEL 2
30.4.1 Will be an
employee who has completed some structured training relevant and/or experience
to the operational needs of the WSEC, and who is continuing such training, or
has recognised industry experience appropriate to the WSEC’s needs.
30.4.2 A Level 2 employee
will, in addition to the skills of a Level 1 operative be able to perform a majority of the following:
i. Assist
with the on-the-job training of Level 1 employees, to a limited degree;
ii. Exercise
intermediate keyboard skills with instructions;
iii. Demonstrated
ability to work from instructions or procedures;
iv. Have a
demonstrated understanding of general office, or box office, or cash control or
staging or stadium procedures;
v. Demonstrated
customer service skills;
vi. Able to work
effectively as a member of a small team under general technical, trade or
administrative supervision;
vii. Demonstrated
knowledge of occupational health and safety requirements relating to the
operation of Public Venues
viii. Knowledge of
safe handling procedures in regards to tools and
chemicals
30.4.3 Indicative tasks for Level 2
will include but not be limited to:
|
Events Employees
|
Grounds Building and
Technical Employees
|
Administration
& Client Support
|
|
Usher
|
Labourer
|
General Receptionist
|
|
|
|
|
|
Crowd control, which does not
|
Cleaner
|
Basic Clerical duties
|
|
require a security licence.
|
|
|
|
|
General Grounds Assistant
|
Maintenance of simple records
|
|
General Attendant
|
|
|
|
|
Trades Assistant
|
Basic Client Liaison
|
|
Ticket Seller
|
|
|
|
Customer Service Assistant
|
Stage Hand
|
|
|
Sales Assistant
|
Driver
|
|
30.5 LEVEL 3
30.5.1 Will be an
employee who has completed structured training and/or experience recognised by
the WSEC as relevant and appropriate to perform within the scope of this Level
or has industrial experience appropriate to the WSEC’s needs.
30.5.2 An employee at
this Level will assist with the training and development of employees at Levels
1 and 2.
30.5.3 An employee at
this Level will exercise discretion within one’s own level of skill and
training, whilst taking responsibility for the quality of one’s own work
(subject to routine supervision). A person at this level will also be a person
who typically holds a trade or equivalent qualification and/or experience.
30.5.4 Indicative tasks
at this level would include:
|
Events Employees
|
Grounds Building
Technical Employees
|
Administration
& Client Support
|
|
Can perform function of Level 2 but in addition includes:
|
Can perform function of Level 2 but in addition includes:
|
Can perform function of Level 2 but in addition includes:
|
|
Supervisors of Ushers/crowd control
|
Trades - Groundsmen
|
Client Services Officer
|
|
|
Trades - Technicians Cleaner
|
Non-qualified
|
|
|
|
Bookkeeper
|
|
|
|
Bookings Clerk
|
|
|
|
Personal Assistant
|
30.6 LEVEL 4
30.6.1 Will be an
employee who is engaged in supervising, training and co-ordinating
employees and who is responsible for the maintenance of service and operational
standards across a mixed trade team.
30.6.2 Indicative tasks
and competencies for a Level 4 employee would include:
|
Events Employees
|
Grounds
Building Technical Employees
|
Administration
& Client Support
|
|
|
Typical work at this
Level includes:
|
Typical work at this
Level includes:
|
|
|
Maintenance Supervisor
|
Bookkeeper
|
|
|
Operations Supervisor
|
|
|
|
Technical Supervisor
|
|
|
|
Grounds Keeper
|
|
30.7 Level 5
30.7.1 Will be an
employee who is a holder of a post trade qualification or technical
qualification relevant to the WSEC’s operations or will have worked or studied
in a relevant field and/or have specialist knowledge, qualifications
and experience.
30.7.2 A Level 5 employee
will be directly responsible to the Executive Management for the operation and
policy development relating to a discreet workforce or site.
30.7.3 Indicative tasks
and competencies for a Level 5 employee would include:
|
Events Employees
|
Grounds
Building Technical Employees
|
Administration
& Client Support
|
|
|
Typical
work at this Level includes:
|
Typical
work at this Level includes:
|
|
|
Operations Coordinator
|
IT/Systems Coordinator
|
|
|
|
Accounts Officer
|
30.8 Progression to
succeeding levels within the above structure will be dependent on a
demonstrated capacity to perform the functions required and availability of a
vacant role.
31. Termination of
Employment
31.1 Employment may be
terminated by either the WSEC or the employee at any time during the week by
the giving of the following notice (except as provided by subclause 8.3 of
Clause 8 Terms of Engagement of Part A, and subclause 31.6 of this clause):
|
Period of
Continuous Service
|
Period of Notice
|
|
Over 1 year and up to the completion of 3 years
|
2 weeks
|
|
Over 3 years and up to the completion of 5 years
|
3 weeks
|
|
Over 5 years
|
4 weeks
|
Plus one extra week for
employees over 45 years of age with not less than two years continuous service
(except in the case of an employee giving notice).
31.2 An employee who
fails to give the appropriate notice may have moneys withheld to the equivalent
of the notice period required, and not given.
31.3 The WSEC will not
terminate an employee’s employment for reasons related to the employee’s
conduct, performance, malingering or inefficiency, unless the employee has been
given the opportunity to defend himself or herself against the allegations made
or the WSEC could not reasonably be expected to give the employee that opportunity.
31.4 An employee who
has been given notice will be allowed up to one day as time off without loss of
pay (at a time convenient to the WSEC) for the purpose of seeking another job.
31.5 Following a
request from the terminated employee, the WSEC will provide a written statement
of the period of employment and the type of work performed.
31.6 The WSEC may dismiss
any employee without notice for neglect of duty or misconduct. In such case the
employee will be paid only up to the time of dismissal.
31.7 The employment of
a casual employee may be terminated by either the WSEC or the employee without
the giving of notice. However, the WSEC will pay wages for the minimum period
as set out in subclause 8.4 of Clause 8 Part A, Terms of Engagement, providing
the employee works for the remainder of the minimum period if required to do
so.
32. Hours of Work
The ordinary hours of work can be rostered Monday to
Sunday, inclusive, subject to the following:
32.1 Hours of Work
(Ongoing and Temporary Employees)
32.1.1 To suit the needs
of the enterprise, ordinary hours will be worked on a rostered basis over a
fortnightly period with the following limitations;
a. A maximum of
76 ordinary hours will be worked in any one fortnightly period.
b. A maximum of 10
ordinary hours will be worked in any 24 hours period.
32.2 The ordinary
hours will be rostered to give employees four clear days off in 14, and, at least two lots of consecutive days off in 28.
32.3 Rosters (Ongoing
and Temporary Employees)
32.3.1 Rosters will be
provided at least seven days in advance, unless such
changes are mutually agreed. Roster changes given with less than seven days’
notice will incur a penalty of 50 per cent of the appropriate skill level rate
to be applied to any shifts worked for which less than seven days’ notice has
been given.
32.3.2 If a changed
roster is advised with less than seven days but more than 48 hours’ notice, it
will be obligatory for employees to work the roster. If notice is less than 48 hours it will be optional for the employees to work the
roster.
32.4 Rosters (Casual
Employees)
32.4.1 Casuals will be
rostered to meet the requirement of the enterprise. Should a casual be advised
of a cancellation or shortening of roster with less than four (4) hours’ notice
they will be paid for half of the number of hours rostered originally.
33. Overtime and Time Off
in Lieu
33.1 Overtime based on
the payment of time and one half for the first two hours and double time
thereafter for work on other than Public Holiday will be paid to a
non-annualised full-time or part-time employee, in the following circumstances:
a. For all hours
worked in excess of 10 per shift
b. For all hours
worked in excess of 76 in a fourteen day cycle
33.2 Overtime based on
the payment of time and one half for the first two hours and double time
thereafter for work on other than Public Holiday will be paid to a casual
employee engaged under the provisions of Section B of Part D, for all hours
worked in excess of 10 per shift.
33.3 An employee who
has worked between midnight and 6:00am (and has commenced work before 5:00 am),
will be provided with a meal by the WSEC or be paid the amount as set out in
Item 2 of Table 5 - Other Rates and Allowances, of Part D, Monetary Rates, for
each meal break occurring before finishing time.
33.4 Non-annualised employees may take time off in lieu of overtime
payments as agreed between the employee and employer. Such time off will be
taken at the ordinary time rate, that is an hour for each hour worked.
33.5 Notwithstanding
subclauses 33.1, 33.2 and 33.3 of this Clause, employees engaged as annualised
employees will work hours and rosters to meet the needs of the business subject
to the following:
a. Employees can
work up to 20 hours per twenty eight (28) day cycle in
excess of 152 hours without the payment of overtime or time off in lieu. The
number of hours worked by part-time annualised employees without the payment of
overtime or time off in lieu will be based on their normal working week hours e.g. an employee working 3/5 of a normal 38 hour working
week can work up to 3/5 of 20 hours per twenty eight (28) day cycle without the
payment of overtime or time off in lieu.
b. All hours
worked in excess of 172 hours per twenty eight (28)
day cycle (or pro-rata hours for part-time annualised employees) will be
accrued as time off in lieu, at overtime rates, and taken at a time and date
agreed between the employer and the employee.
c. ‘Overtime
rates’ in above paragraph 33.5 (b) are defined as time and one half (1½) for
the first two hours worked, and double (2) time thereafter, during each shift
worked.
d. The calculation
of time ‘worked’ during each twenty eight (28) day
cycle includes hours away from the work place on public holidays, annual leave
and sick leave.
e. Employees may
only accrue a maximum amount of 76 hours in time in lieu at any given time.
d. It is agreed by
the parties that the annualised salaried employees will receive a 10 hour break between shifts wherever possible.
33.6 The employer will
monitor the hours of work of employees so that no employee works excessive
hours which might contribute to an occupational health and safety problem for
the employee concerned, other employees or patrons of the WSEC.
34. Meal Breaks and
Allowances
34.1 Employees who are
required to work through a meal break will be paid at the rate of time and a
half for the period when the meal break would have been taken.
34.2 All employees
will be allowed a paid refreshment break of ten
minutes, to be taken at the place of work and at a time to suit the needs of
the enterprise.
35. First Aid
Allowance
35.1 An employee who
holds and appropriate first-aid certificate and who is appointed by the WSEC to
perform first-aid duties, in addition to ordinary work, will be paid an
allowance per day as set out in Item 3 of Table 5 - Other Rates and Allowances,
of Part D, Monetary Rates, in addition to the wage rate as set out in Table 1
or Table 3 - Rates of Pay, of the said Part D.
36. Public Holidays
36.1 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, Union Picnic Day (being the first Tuesday after Easter) or any proclaimed
days in lieu thereof throughout the State will be holidays without deduction
from the wages due to any employee for the week in which such holiday or
holidays occur.
36.1.1 Provided that the above mentioned holidays may be substituted for another
day/s off by agreement between the employer and employee(s) to be taken within
one (1) month of the said holiday/s or adjacent to a period of annual leave.
36.1.2 Part-time
employees are entitled to paid absence on a public holiday only when the public
holiday falls on a day that is regularly worked by the employee (working days
as defined in the part-time employee’s employment agreement). When a public
holiday falls on a non-working day, the part-time employee is not entitled to
paid absence.
36.2 Entitlement to
paid absence on the Union Picnic Day will only apply to non-annualised and
annualised employees who are members of the Union.
36.3 Any full-time or
part-time employee who is required to work on a public holiday will be entitled
to either time and one half hours pay for each hour
worked as well as a day off in lieu at a time mutually agreed or double time
and one half for each hour worked on the public holiday. Casual employees will
receive double time and a half based on the ordinary hourly rate for the
appropriate non-annualised classification.
36.4 Where the Picnic
Day referred to in subclause 36.2 of this Clause falls on a bump-in, bump-out
or an event day, the employer will organise an alternative union picnic day at
a time agreeable between management and the workplace union representatives.
37. Uniforms and
Protective Clothing
37.1 Where employees
are required to wear a branded uniform they will
provided free of charge.
37.2 Where items of clothing
referred to in subclause 37.1 are required to be cleaned and maintained by the
employee the provisions of Part D Table 5, herein, will apply.
37.3 The WSEC commits
to providing appropriate protective clothing for employees as is deemed
necessary to provide a safe working environment for Trust employees.
37.4 The WSEC will
have the right to determine a dress or uniform code for all employees covered
by this award, which may include a particular style and colour of dress, which
is practical to the working environment, such items will be provided by the
employee.
37.5 All uniform
items, protective clothing and other tools provided by the WSEC will remain the
property of the WSEC and will, upon demand be returned to the WSEC in
reasonable conditions. Upon termination, monies owed to the employee may be
withheld until such time as this subclause is complied with by the employee.
38. Multi-Hiring
38.1 Employees may be
separately engaged as casual employees (whether they hold non-annualised roles
or not) for duties in a separate section of the WSEC’s operations covered by
this award from that in which the employee engages in their ordinary
employment. For the purpose of this clause a
"section" will mean a discrete work location other than the employee’s
usual work location, or alternatively, may mean a discrete set of duties other
than the employee’s usual duties, provided such duties are not wholly or
substantially performed in the employee’s usual work location, and will not
apply to work where overtime would normally be performed.
38.2 An Operator
engaged for stage productions will be remunerated at the appropriate tech rate
for the duration of such engagement.
38.3 The arrangements entered into under this clause will be mutually agreed and
recorded in writing at the time.
PART C
MANAGEMENT EMPLOYEES
39. Duties and
Responsibilities
39.1 The employee
will:
39.1.1 Satisfactorily carry
out the duties and responsibilities set out in the role description as provided
to the employee upon commencement in that role;
39.1.2 take all necessary
steps to meet the Performance Management Plan that will;
a. promote the best interests of the WSEC; and
b. perform all duties imposed by law.
39.2 The employee will
assist in the implementation of decisions and policies of the WSEC.
39.3 It is accepted
that the duties and responsibilities set out in the position description may
vary from time to time, by agreement, in writing, between the WSEC and the
employee.
39.4 In addition,
notwithstanding subclause 39.3 of this Part, if one of the Management Team
leaves, or the business of the WSEC changes significantly, the WSEC reserves
the right to vary the duties and responsibilities set out in the role
description following consultation with the employee.
39.5 Employees agree
that employment is subject to a Code of Conduct that is based on a need for
accountable, honest and responsible behaviour.
40. Remuneration
40.1 The employee will
be paid a salary in accordance with the employee’s relevant level, as detailed
in the letter of appointment and the role description, and within the salary
range as set out in Table 4 of Part D Monetary Rates.
40.2 The salary paid
under subclause 40.1 of this clause is compensation for all hours worked,
including work on public holidays and weekends.
40.3 Superannuation
will be based on the employee’s salary, excluding the provision of a motor
vehicle.
41. Provision of a
Vehicle
41.1 An employee may
be provided with a vehicle as part of their employment.
41.2 Where a vehicle is
supplied in accordance with this clause it will be a fully maintained vehicle
for private use and business use (to a standard agreed and approved by the
WSEC), with fuel supplied, except when the employee uses the vehicle when on
leave.
41.3 The WSEC agrees
to pay any liabilities involved in Fringe Benefits Tax through the provision of
the motor vehicle.
42. Termination
42.1 Where an employee
is to be terminated, the following notice period will apply.
a. By the employee
giving two (2) months’ notice, with the Venue Manager authorised to approve a
shorter period (of up to a minimum of one (1) month) with the employee, if
considered essential.
b. By the WSEC
with one (1) month notice in writing or by the payment of one (1) month’s pay
in lieu of notice by the WSEC, where the employee does not meet the duties and
responsibilities as specified in Clause 2 Duties and Responsibilities of this
Part.
c. By the WSEC,
without notice, if the employee commits any act that could entitle the WSEC to
summarily dismiss the employee including:
i. any
serious or persistent breach of any conditions of employment
ii. grave
misconduct including dishonesty or fraud in the discharge of the employee’s
duties to the WSEC
iii. wilful neglect
or disobedience in the discharge of the employee’s duties to the WSEC
iv. conviction of
an offence precluding or inhibiting the further performance of duties under the
employee’s contract.
d. By the WSEC if
satisfied that the employee is permanently incapacitated as a
consequence of injury or illness and is unable to continue to perform
the duties of the position. A termination under this clause will constitute a
medical retirement and the WSEC may consider appropriate financial retirement
arrangements.
42.2 Upon termination
of employment, the employee will immediately return all property of the WSEC to
the WSEC.
42.3 The provisions of
Clause 23 Introduction of Change apply, notwithstanding the provisions of this
Clause.
43. Hours of Work
43.1 The employee
acknowledges that this is a senior managerial role and that the hours of work
performed will be such as to meet the needs of the organisation, the duties and
responsibilities and may include evening and weekend activity.
43.2 Employees agree
to devote the whole of their time and attention during working hours, and such
other time as may be deemed reasonably necessary, to the business of the WSEC.
44. Confidentially
44.1 Confidentiality
in respect to the WSEC’s affairs must be appropriately maintained
at all times. The employee must not use any property, information
or knowledge of the WSEC in a manner that would not be in the best interest of
the WSEC.
44.2 Any intellectual
property invented or created by the employee as a result of
his/her employment under this contract will remain the property of the WSEC,
unless agreed in writing with Venues NSW.
45. Professional
Indemnity
45.1 The WSEC will
indemnify the employee against any loss or claim made by a third party or cause
of action of any kind arising out of their employment, provided the employee
acted honestly, diligently and in good faith.
46. Resources
46.1 The WSEC will
ensure that resources and personnel as identified at the time of appointment or
as varied by agreement between the WSEC and the employee, are available to the
employee to enable him/her to adequately perform the duties and
responsibilities outlined in the role description.
46.2 These resources
may include the provision of a mobile phone.
47. Professional
Development
47.1 It is agreed that
it is the responsibility of the employee to keep informed of developments in
the profession and to develop professional knowledge and ability in accordance
with current management theories.
47.2 Where in
pursuance of these aims, the employee is granted permission by the WSEC to
attend a conference, seminar, short term study course or the like, the WSEC
will meet all associated costs and will continue payment of full salary and
benefits to the employee.
48. Expenses
48.1 The employee is entitled to be
reimbursed those expenses legitimately and reasonably incurred in conducting
and managing the arrangements of the Venues and a part of the duties outlined
in the employee’s role description.
PART D
MONETARY RATES
Table 1 - General Employees Non-Annualised Rates of Pay
Non-annualised rate of pay for a week not exceeding 38
ordinary hours.
Increases are effective from the beginning of the first pay
period to commence on or after the dates in the column headings
|
Classification
|
Step
|
Ordinary
Non-annualised Rate
|
(FFPP) from the
date this award comes into effect - 2023
|
|
|
|
22 January 2022
|
|
|
|
|
$ Per Annum
|
+4.00% $ Per Annum
|
|
Level 1
|
1
|
45,053
|
46,855
|
|
Level 2
|
1
|
46,880
|
48,755
|
|
|
2
|
47,451
|
49,349
|
|
|
3
|
48,998
|
50,958
|
|
Level 3
|
1
|
50,429
|
52,446
|
|
|
2
|
51,770
|
53,841
|
|
|
3
|
54,166
|
56,333
|
|
Level 4
|
1
|
55,024
|
57,225
|
|
|
2
|
57,042
|
59,324
|
|
|
3
|
59,435
|
61,812
|
|
|
4
|
65,933
|
68,570
|
|
|
5
|
72,421
|
75,318
|
|
Level 5
|
1
|
78,609
|
81,753
|
|
|
2
|
86,281
|
89,732
|
|
|
3
|
92,992
|
96,712
|
|
|
4
|
102,291
|
106,383
|
|
|
5
|
112,523
|
117,024
|
Employees engaged under Table 1, above will be paid 1.125
times the appropriate ordinary hourly rate for each hour, or part thereof,
worked between the hours of midnight and 6am on all days, excepting Public
Holidays as described in clause 8 of Part B.
Table 2 - Casual Employees Rates of Pay
Casual Hourly Rates for Employees engaged on all occasions
except for Public Holidays.
Increases are effective from the beginning of the first pay
period to commence on or after the dates in the column headings.
|
Classification
|
Step
|
Ordinary Hourly
Rate
|
(FFPP) from the
date this award comes into effect - 2023
|
|
|
|
22 January 2022
|
|
|
|
|
$ Per Hour
|
+4.00% $ Per Hour
|
|
Level 1
|
1
|
28.41
|
29.55
|
|
Level 2
|
1
|
29.55
|
30.73
|
|
|
2
|
29.93
|
31.13
|
|
|
3
|
31.05
|
32.29
|
|
Level 3
|
1
|
31.80
|
33.07
|
|
|
2
|
32.63
|
33.94
|
|
|
3
|
34.14
|
35.51
|
|
Level 4
|
1
|
34.71
|
36.10
|
|
|
2
|
35.99
|
37.43
|
|
|
3
|
37.46
|
38.96
|
Casual employees will be paid the hourly rate at the Steps in
each Level upon the accumulation of ordinary hours worked overtime at the site.
The maximum period of employment at Level 1 will be 380 hours. In the
succeeding Levels 2 through 3; progression to each Step will occur at the
accumulation of 800 hours per Step for all employees, except ushers. Ushers
will progress to each Step after working 380 hours per Step.
Employees engaged under Table 2, above will be paid 1.125
times the appropriate ordinary hourly rate for each hour, or part thereof,
worked between the hours of midnight and 6am on all days, excepting Public
Holidays as described in clause 8 of Part B herein.
JUNIOR RATES
Employees engaged as non-annualised employees or as casuals
under the provisions of Table 1 or Table 2, above, who are less than 18 years
of age will be paid according to the following scale:
Under 17 years of age - 80% of the
appropriate rate.
Under 18 years but more than 17
years - 90% in the appropriate rate.
18 years and older - 100% of the
appropriate rate.
Provided that the scale contained above relates to employees
engaged at Levels 1 and 2, performing functions other than cleaning and
labouring as defined in clause 2 of Part B.
Table 3 -
Annualised Salary Employees Rates of Pay
Employees engaged under annualised salary packages for all
incidents or work under this award.
Increases are effective from the beginning of the first pay
period to commence on or after the dates in the column headings
|
Classification
|
Step
|
Salary per Annum
|
Salary per Annum
|
|
|
22 January 2022
|
(FFPP) from the
date this award comes into effect - 2023
|
|
|
|
$
|
+4.00% $
|
|
Level 1
|
|
N/A
|
N/A
|
|
Level 2
|
1
|
58,988
|
61,348
|
|
|
2
|
59,712
|
62,100
|
|
|
3
|
62,006
|
64,486
|
|
Level 3
|
1
|
63,452
|
65,990
|
|
|
2
|
65,142
|
67,748
|
|
|
3
|
68,158
|
70,884
|
|
Level 4
|
1
|
69,243
|
72,013
|
|
|
2
|
71,776
|
74,647
|
|
|
3
|
74,792
|
77,784
|
|
|
4
|
82,962
|
86,280
|
|
|
5
|
91,132
|
94,777
|
|
Level 5
|
1
|
98,919
|
102,876
|
|
|
2
|
108,569
|
112,912
|
|
|
3
|
117,013
|
121,694
|
Table 4 - Management Employees Rates of Pay
Increases are effective from the beginning of the first pay
period to commence on or after the dates in the column headings.
|
Level
|
Pay Point
|
Salary per Annum
|
Salary per Annum
|
|
|
22 January 2022
|
(FFPP) from the
date this award comes into effect - 2023
|
|
|
$
|
+4.00% $
|
|
2
|
Maximum
|
153,789
|
159,941
|
|
Minimum
|
135,495
|
140,915
|
|
1
|
Maximum
|
130,891
|
136,127
|
|
Minimum
|
121,947
|
126,825
|
Table 5 - Other Rates and Allowances
|
|
|
FFPP) from the date
this award comes into effect
|
+4.00%
|
|
Allowance
|
Ongoing/temporary
employee
$
|
Casual employee
$
|
|
1
|
Laundry Allowance
|
18.84 Per week
|
1.73 Per shift
|
|
|
|
|
|
2
|
Meal Allowance
|
13.71
|
13.71
|
|
|
|
|
|
3
|
First Aid Allowance
|
3.54 Per shift
|
3.54 Per shift
|
|
|
|
|
|
4
|
Offensive Matter
Cleaning Allowance
|
4.40 Per day
|
4.40 Per shift
|
|
|
|
|
|
5
|
Leading Hand Allowance
|
|
|
|
3 to 10 employees
|
46.90 Per week
|
1.48 Per hour
|
|
11 to 20 employees
|
55.69 Per week
|
1.83 Per hour
|
|
More than 20 employees
|
66.82 Per week
|
2.19 Per hour
|
D. SLOAN, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.