BOWLING AND GOLF CLUBS EMPLOYEES (STATE) AWARD
INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
Application by The Registered Clubs Association of New South Wales and another.
(Nos. IRC 981 & 225 of 2000)
Before Commissioner Patterson / 21 July 2004AWARD
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Terms of Engagement
5. Hours of Work
6. Rostered Days Off
7. Meal Breaks
8. Rates of Pay
9. Exemption Rate
10. Labour Flexibility
11. Overtime
12. Call Back
13. Redundancy
14. Traineeships
15. Superannuation
16. Meal Allowance
17. Public Holidays
18. Annual Leave
19. Annual Leave Loading
20. Sick Leave
21. Personal/Carer’s Leave
22. Sick Leave - Apprentices
23. Long Service Leave
24. Bereavement Leave
25. Jury Service
26. General Conditions
27. Mixed Functions
28. Working in the Rain
29. First-aid
30. Medical Examinations
31. Tools
32. Payment of Wages
32A Payroll Deduction of Union Fees
33. Disputes Settlement Procedure
34. Anti - Discrimination
35. Area, Incidence and Duration
PART B
MONETARY RATES
Table 1 - Rates of Pay
Table 2 - Apprentices
Table 3 - Other rates and allowances
Table 4 - Youth Rates
2. Title
This Award shall be known as the Bowling and Golf Clubs (State) Award 2004
3. Definitions
(i) Apprentice: Apprentice shall mean a person engaged as an apprentice in the trade of greenkeeping.
(ii) Casual Employee: A casual employee shall mean an employee engaged by the hour, with a minimum of four hours’ work for each engagement. The hourly rate for a casual employee shall be ascertained by dividing the ordinary rate as set out in Table 1 - Rates of Pay, of Part B Monetary Rates, plus 15 per cent, and dividing by thirty-eight.
(iii) Part-time Employee: A part-time employee shall mean an employee employed by the week on a part-time basis. A part-time employee shall be provided with regular work for not less than twenty hours per week and not less than four hours per start.
A part-time employee shall be paid by the hour one thirty-eighth of the weekly rate prescribed in the said Table 1.
(iv) "Youth" means an employee of 16 years of age or over and under 21 years, who may be employed watering, weeding, racking bunkers, mixing fertilizers, spreading soil, operating hand-propelled mowers or light rotary mowers and other light duties. The minimum rate of pay shall be as set out under Table 4 - Youth Rates, of Part B, Monetary Rates.
(v) Time and one half shall mean 1 ½ times the ordinary hourly rate and double time shall mean 2 times the ordinary hourly rate.
4. Terms of Engagement
(i) Employees, other than casuals, shall be employed by the week and their engagement shall be terminated only by a week’s notice on either side, to be given at any time during the week, or by the payment or forfeiture, as the case may be, of a week’s wages in lieu thereof.
(ii) This clause shall not affect the right of the employer to dismiss any employee without notice for refusal of duty or misconduct and in such cases the wages shall be made up to the time of dismissal only.
5. Hours of Work
(i) The ordinary hours of work shall be an average of 38 hours per week which, at the discretion of the employer, may be worked on up to five days, Monday to Friday, plus one half - day of 4 hours on Saturday prior to noon in each week of the work cycle; provided that, by written agreement between the employer and employee and subject to subclause (vi) of this clause, ordinary hours may be worked on any day of the week.
(ii) Subject to subclause (iii) hereof, the pattern of working hours shall be as agreed in writing between the employer and employees and shall be one of the following -
(a) by rostering each employee off on one work day in each four - week work cycle; provided that, where ordinary hours are worked in five and one - half days, the employee shall receive one day off, Monday to Friday, being a day of seven hours, twelve minutes duration plus an additional forty - eight minutes to be taken on one of the remaining days in the four - week work cycle;
(b) by rostering each employee off for two ordinary hours on any one day in each week of the four - week cycle; or
(c) by rostering each employee off for four ordinary hours on any one day in each fortnight of the four - week cycle.
Failing agreement, the employer shall determine the method of working hours.
(iii) An agreement on or determination of the pattern of working hours as per subclause (ii) hereof shall be subject to the following -
(a) Such hours shall not be less than 4 hours nor more than 9 hours each day between the hours of 6.00 a.m and 6.00 p.m; provided that by agreement between the employer and an individual employee, or a majority of employees, ordinary hours may be worked for up to 12 hours per day between such times as may be mutually agreed.
(b) The hours shall not exceed 152 hours in each 4 - week cycle.
(iv) Such hours shall be worked continuously except for meal breaks and no employee shall work for longer than five hours without a break for a meal or six hours by agreement.
(v) Employees shall receive at least seven days’ notice of a change in rostered hours or such lesser period as may be mutually agreed.
(vi) The rate of pay for working ordinary hours on a Saturday past noon shall be time and one half, and on a Sunday shall be double the ordinary time rate of pay.
(vii) No employee shall suffer a reduction in earnings as a result of the introduction of this clause.
6. Rostered Days Off
(i) Where the method of implementation is a rostered day off taken in accordance with paragraph (a) of subclause (ii) of clause 5, Hours, the following accrual shall occur -
(a) Where eight ordinary hours are worked in five days, for each such day upon which an employee is rostered to work as part of the ordinary working week, the employee shall accumulate 24 minutes towards a rostered day off in each 4 - week work cycle.
(b) Where eight ordinary hours are worked in five and one- half days, for each such day, Monday to Friday inclusive, upon which an employee is rostered to work as part of the ordinary week, the employee shall accumulate 22 minutes; and as well for each Saturday upon which an employee is rostered to work as part of the ordinary working week, the employee shall accumulate 10 minutes; provided that such accumulated time goes towards a rostered day off in each 4 - week work cycle.
(c) An employee who is absent on paid leave of absence in accordance with the award or with the employer’s approval shall be entitled to accrual for the said absence. Accrual shall not, however, occur during periods of leave pursuant to Clause 19, Annual Leave, 21, Sick Leave and 24 Long Service Leave.
(ii) Where the method of implementation of the 38 - hour week, in accordance with paragraph (a) of subclause (ii) of clause 5, Hours, is an additional rostered day off, the employer should, so far as is practicable, allow the rostered day off to be taken consecutively with any other time off as a result of this award.
(iii) Rostered days off shall be notified to employees four weeks in advance: Provided that, in the case of emergency, an employee may be required to change the rostered day off.
(iv) Rostered days off shall not be rostered on a public holiday as prescribed in Clause 18, Public Holidays.
(v) Rostered days off may be "banked" by written agreement for a period not exceeding five months, to be taken at a time agreed on between the employer and employee, or, alternatively, as determined by the employer.
(vi) An employee required to work on a rostered day off shall be paid a minimum payment as for four hours worked at double the ordinary time rate.
7. Meal Breaks
A period of not more than one hour shall be allowed for meals between 11.00am and 2.00pm each day, Monday to Friday, inclusive. A rest pause of ten minutes’ duration shall be allowed to each employee during the morning of each day, Monday to Friday inclusive, at a time to be arranged by the employer.
No employee shall work for more than five hours without a meal break, or for more than six hours by agreement between the employer and the employee.
8. Rates of Pay
(i) The minimum rate of pay shall be as set out under the Rate Per Week column of Table 1 - Rates of Pay, of Part B, Monetary Rates.
(ii) Classification Structure
Level 1 shall mean an employee primarily engaged in the following activities -
keeping areas clean and tidy;
weeding and watering;
trimming, mowing of surrounds, etc., with hand implements;
assistance in preparing areas for play;
assistance in course or green maintenance and construction;
operation of a limited range of vehicles, including motor vehicles.
It is recommended that employees of this level have undergone structured training at the introductory level and are appropriately assessed during the first three months of work; provided that employees graded at Level 1 shall be promoted to Level 2 not later than at the expiration of three months’ service as a Level 1 employee.
Level 2 shall mean an employee who has satisfactorily attained the appropriate level of training (at Level 2) and is engaged in the following activities in addition to the work of Level 1:
operation and minor maintenance of motorised equipment other than machinery or equipment requiring the holding of specialised licences;
assistance in the maintenance, renovation and reconstruction of greens and fairways, and/or maintenance of playing surfaces, including mowing, rolling, top dressing, seeding, turfing and sprigging, fertilising under supervision; planting and maintenance of trees, pruning under supervision.
Level 3 shall mean an employee who has satisfactorily attained the appropriate level of training (at Level 3)
and is engaged in the following activities in addition to the work of Levels 1 and 2 -
assistance in the training and supervision of lower grade employees;
assistance in chemical and other spraying, where required to hold an
appropriate licence;
operation of machinery and/or equipment where required to hold
specialised licences or possession of specialised skills;
completion of basic records;
assistance in the construction and installation of facilities and systems.
Level 4 (Greenkeeper) shall mean an employee who has satisfactorily attained the appropriate level of training at the trade or an equivalent level, who works on a course having greens, and is primarily engaged in the following activities in addition to the work of Levels 1 to 3 -
training and supervision of employees of a lower grade, including
apprentices;
construction of surfaces, gardens;
installation and maintenance or irrigation and drainage systems;
control and maintenance of stores and facilities;
stock control, record keeping;
planning the work programme in consultation with management.
Level 5 - Bowling (Head Greenkeeper) applies to those employed in a Bowling Club and shall mean an employee who has satisfactorily attained the appropriate level of training at trade or the equivalent level, together with the additional requirements in supervision or other appropriate specialist modules. In addition to the duties of Levels 1 to 4, the employee is also engaged in the following activities:
Supervision and training of subordinate staff, including tradespersons;
Presentations of written and/ or verbal reports, general liaison with management;
Activities requiring application of specialist skills.
Level 5 Golf (Head Greenkeeper) applies to those employed in Golf Clubs - shall mean an employee who has satisfactorily attained the appropriate level of training at trade or the equivalent level, together with the additional requirements in supervision or other appropriate specialist modules. In addition to the duties of Levels 1 to 4, the employee is also engaged in the following activities:
Supervision and training of subordinate staff, including tradesperson;
Presentation of written and/ or verbal reports including budgets;
General liaison with management;
Activities requiring application of specialist skills;
Level 6 Golf (Superintendent) applies to those employed in Golf Clubs - shall mean an employee who has attained the appropriate level of training at Level 5 and is primarily engaged in the following activities in addition to the work of levels 1 to 5:
Preparation of budgets and financial reports;
Planning for the overall development of the facility in consultation with management;
Supervision and Co-ordination of five or more tradespersons, including
Development of staffing and training plans, staff counselling; and
Assisting management in the selection of personnel, but does not extend to the right to engage or dismiss employees;
(iii) The rates of pay in this award include the adjustments payable under the State Wage Case 2004. This adjustment may be offset against:
(A) any equivalent overaward payments, and/or
(B) award wage increases since 29 May 1991 other than safety net adjustments and minimum rates adjustments.
(iv) "Overaward Payment" is defined as the amount (whether "award payment", "attendance bonus", "service increment", or any term whatsoever) which an employee would receive in excess of the minimum award safety net (i.e., base rate plus supplementary payment) for all classifications in which such employee is engaged; provided that such payment shall exclude overtime, shift allowances, penalty rates, tool allowances, industry allowances, disability allowances, location allowances, special rates or allowances, fares and travelling allowance, and any other ancillary payment of a like nature prescribed by this award.