AN120136 – Club Employees (State) Award

This Fair Work Australia consolidated award reproduces the former State award Club Employees (State) Award as at 27 March 2006.

About this Award:
Formerly award 140, Serial C2917, of the Industrial Relations Commission of New South Wales.

Printed by authority of the Commonwealth Government Printer.

Disclaimer:
Please note that this consolidated former State award is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

AN120136 [Notional FWA Consolidation]

CLUB EMPLOYEES (STATE) AWARD

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by Australian Liquor, Hospitality and Miscellaneous Workers Union, New South Wales Branch, an industrial organisation of employees.

(No. IRC 3530 of 2004)

AWARD

TABLE OF PROVISIONS

PART A
PRELIMINARY

1. AREA INCIDENCE AND DURATION

1.1 This Award shall apply to all persons employed in clubs in the State of New South Wales, excluding the County of Yancowinna, within the jurisdiction of the Club Employees (State) Industrial Committee.

This award shall not apply to employees who are covered by the Club Managers (State) Award.

1.2 This award is made pursuant to section 10 and section 17 of the Industrial Relations Act 1996 and rescinds and replaces the Club Employees (State) Award published 20 October 2000 (319 I.G. 589).

1.3 It shall take effect on and from 5 July 2004 and remain in force for a period of three years.

2. DEFINITIONS

2.1 Except where the context otherwise provides the masculine gender shall include the feminine gender and vice-versa and words in the singular number shall include the plural and vice-versa.

2.2 The ordinary hourly rate shall mean the appropriate classification rate of the work being done by a full time employee inclusive of the minimum classification rate, supplementary payments and the non-adjustable amount.

2.3 Time and one half shall mean 1½ times the ordinary hourly rate.

2.4 Time and three quarters shall mean 1¾ times the ordinary hourly rate.

2.5 Double time shall mean 2 times the ordinary hourly rate.

2.6 Double time and one half shall mean 2½ times the ordinary hourly rate.

2.7 Full Sporting Club means a club which is treated as a full sporting club for the purposes of Section 23 of the Income Tax Assessment Act 1936 (Cth).

2.8 The Union shall mean the Australian Liquor, Hospitality & Miscellaneous Workers Union, Liquor & Hospitality Division, NSW Branch.

2.9 RCA shall mean The Registered Clubs Association of New South Wales. Where RCA appears it could also be the Licensed Clubs Association of Australia (LCA) or Employers’ First.

2.10 Rostered Day Off shall mean a continuous period of 24 hours where an employee is rostered off duty.

2.11 Rostered Day shall mean the 24 hour period between midnight and midnight that an employee is rostered to work provided that any work extending past midnight shall be regarded as the previous day’s work. (This does not affect Saturday and Sunday rates).

2.12 ‘Saturday’ shall mean the twenty-four hour period from midnight on Friday to midnight on Saturday.

2.13 ‘Sunday’ shall mean the twenty-four hour period from midnight on Saturday to midnight on Sunday.

2.14 Additional rostered day off shall mean the additional rostered day off to be taken in the 4th (or short) week of the 4 week roster cycle (where applicable).

2.15 Engagement shall mean the period or periods of time that the employer notifies and so requires the employee to attend in any one day.

3. MIXED FUNCTIONS

3.1 Where the employee is required to perform duties at a higher classification level, the employee shall be paid at that higher classification:-

(a) if the work performed is of 2 hours or less, for the time actually worked;

(b) if the work performed is of greater than 2 hours, for the employee’s entire shift for that day.

3.2 Where the employee is required to perform duties at a lower classification level, no deduction in pay shall be made.

4. PAYMENT OF WAGES

4.1 All wages including overtime, shall be paid on one day of the week, not later than Thursday. Where a public holiday falls on a Friday, wages shall be paid on one day of the week not later than Wednesday, provided that accrued overtime payment shall be made not later than within the week following the week in which it is worked. Employees who are paid their wages at any other time than during work time, if kept waiting more than fifteen minutes, shall be paid overtime rates for such waiting time.

4.2 The minimum weekly rate of pay for employees working in a classification set out in Clause 8 of this award shall be that set out in Table 1 in Part J comprising the minimum rate, supplementary amount and non adjustable amounts set out therein.

4.3 Weekly employees, including part time employees, whose weekly rostered day off falls on a pay day shall be paid their wages, if they so desire, prior to going off duty on the day previous to their day off.

4.4 An employer may pay by a means other than cash and in such case the employer will meet all costs, taxes and charges which would otherwise be payable by the employee.

5. TIME AND WAGES RECORDS

5.1 Time and wages records or sheets and/or bundy clock(s) shall be provided and kept by each employer. Each employee shall, on commencing work on a shift, enter his starting time, and on finishing each shift, enter his finishing time. Each employee shall similarly enter the commencing and finishing time of each unpaid meal break. Entry shall also be made by the employer of the time worked and the amount of wages and overtime paid each week, together with the date of payment.

5.2 The employer shall keep such book or sheets available at all reasonable times and in a convenient place to which the employee shall have access for the purpose of making such entries. Such book or sheet, together with all past rosters and written consent forms prescribed by Clause 19 of this award which are not more than six years old may be inspected by the officials of the Union at all reasonable hours.

6. STRUCTURAL EFFICIENCY

6.1 Employees shall carry out all functions within their capacity to perform, including duties of a lower grade where this is reasonably required.

6.2 Consultation - Clubs shall establish a consultative mechanism and procedures appropriate to their size, structure and needs for consultation and negotiation on matters effecting their efficiency and productivity.

7. TERMS OF EMPLOYMENT

7.1 Full time and part time employees shall be employed by the week. Employment shall be terminated by either the employer or the employee giving one week’s notice. Alternatively, the employer may pay one week’s pay in lieu of notice or the employee may forfeit one week’s pay.

7.2 No employee shall be dismissed without notice for sickness or accident or any other reasonable cause of absence from duty provided that he informs his employer of his inability to commence work, within twenty-four hours of his usual starting time.

7.3 This Clause shall not affect the right of the employer to dismiss an employee in accordance with the procedures outlined in Part E of the award for proven acts of refusal of duty, wilful misconduct, theft or the consumption of, possession of or trading in prohibited drugs on the employer’s premises. In such cases wages shall be made up to the time of dismissal only and shall be paid within twenty four hours after the time of the dismissal. Where dismissal occurs later that 5.00pm on Friday, payment may be made at the employer’s office on the Monday morning following.

7.4 An employee not attending for duty shall lose pay for the actual time of such non-attendance except as provided by Clause 26.6 of this award.

7.5 Where notice of termination of service has been given to an employee, he shall be paid all money due upon expiry of such notice in accordance with Clause 4.

7.6 Any employee who has been employed for not less than one month, on leaving or being dismissed shall, upon request, be entitled to a statement in writing containing the date the employment began, the date of its termination, the classification of the employee and the period or periods of paid sick leave taken by the employee. The statement shall be the property of the employee and shall be returned to him unnoted by any subsequent employer, within seven days of the engagement.

7.7 Upon engagement an employee shall be informed by the employer of the basis of the employment, i.e., full time, part time or casual, and the employer shall record this information on the time and pay sheets.

7.8 Subclauses 7.1 to 7.6 inclusive of this Clause shall not apply to casual employees.

7.9 No employee to whom this award applies shall be transferred by his/her employer to part- time employment or terminated with a view to re- employment as a part time employee without the consent of the employee.

PART B
CLASSIFICATIONS AND HOURS OF WORK

8. CLASSIFICATIONS

8.1 Introductory Level

8.1.1 To be employed at this level employees must:

(a) have not achieved the appropriate standard of training at an Introductory Level and

(b) have worked less than a total of 10 weeks in the Club industry or in another industry where the employee performed similar work to that required by the present employer.

8.1.2 Employees at this level may be engaged as either full-time, part-time or casual.

8.1.3 Employment at this level is for a maximum of 10 weeks (less any period the employee has been performing similar work in a club or any other similar industry).

8.1.4 Where required, the employer shall provide the employee with a written statement outlining their period of employment at this level.

8.1.5 Employees shall be provided with structured training to the prescribed standard which must start within 10 weeks of the date of commencement, and be completed within 20 weeks of the date of commencement.

8.1.6 If structured training to the prescribed standard is not provided then the employee shall receive retrospective payment of the difference between the Introductory Level rate of pay and the rate of pay applicable to the work being performed.

8.1.7 A club engaging Introductory Level employees must observe the terms of the Industry Training Contract as agreed between the parties to that agreement.

8.1.8 An employer must offer assessment and training to existing employees prior to the engagement of new employees at the Introductory Level.

8.2 Level 1

8.2.1 Employees at this level essentially perform simple duties requiring minimal judgment.

8.2.2 It is recommended that employees at this level have satisfactorily completed the prescribed standard of training at Introductory Level.

8.2.3 Indicative duties include:-

general assistance to employees of a higher level, but not involving the employee in actual cooking or direct service to customers;

general cleaning tasks;

cleaning and tidying of kitchens, food preparation and customer service areas including the cleaning of equipment, crockery and general utensils;

picking up glasses, emptying ashtrays, wiping down tables, removing plates;

assembling and preparing ingredients for cooking;

simple gardening tasks;

handling, storing and distributing goods not involving the extensive use of documents and records.

8.3 Level 2

8.3.1 Level 2 employees are required to perform work above the skills of a Level 1 employee and may be engaged in structured training at a Basic level so as to enable them to work at Level 3.

8.3.2 It is recommended that employees at this level have satisfactorily completed the prescribed standard of training at Introductory Level.

8.3.3 Indicative duties include:-

supplying, dispensing or mixing of liquor, including the cleaning of bar areas and equipment, preparing the bar for service, taking orders and serving drinks;

selling of other goods on sale;

assisting in a cellar;

undertaking general waiting duties of both food and /or beverage including cleaning of restaurant equipment, preparing tables and sideboards, taking customer orders, serving food and/ or beverage and clearing tables, and, under general supervision, greeting and seating guests;

receipt of monies, operation of cash registers, use of electronic swipe input devices;

serving from a snack bar, buffet or meal counter;

servicing rooms;

heating of pre-prepared meals and foods: preparing simple food items such as sandwiches, salads and toasted foodstuffs;

specialised non-cooking duties in a kitchen;

completion of simple documents such as stock requisitions or wastage slips;

laundry and specialised cleaning duties involving the use of specialised cleaning equipment and/or chemicals;

payment of authorised jackpots, not requiring attendance at the device nor maintenance of detailed records; operation of coin dispensing machines;

door duties, attending a cloakroom or a car park;

assists in the preparation for, and instruction in, leisure activities, attending a pool, taking of bookings;

setting up for functions; internal ordering and/or replenishment of supplies;

performs a range of basic clerical and routine office duties such as filing, collating, photocopying, delivering messages, answering telephones, etc.;

general gardening duties, allocated building maintenance duties;

receiving, handling, storing and distributing goods not involving the control of a store or cellar;

8.4 Level 3

8.4.1 Employees at this level may have satisfactorily completed the prescribed standard of training at a Basic level or of a ATS traineeship so as to enable the employee to perform work within the scope of this level.

8.4.2 Level 3 employees are required to perform work above the skills of a Level 2 employee and may be engaged in structured training at an Advanced level so as to enable them to work at a higher level.

8.4.3 Indicative duties include:

assisting in the training of employees at a lower level by way of on the job training;

attending a boiler requiring the holding of a certificate;

operation of a range of mobile equipment requiring the holding of a certificate, including forklifts;

responsibility for the operation and routine maintenance of a TAB, Keno, or other like terminal; the sale of tickets of any kind;

responsibility for payment of jackpots and correction of minor gaming device faults;

preparing and cooking a limited range of basic food items such as breakfasts, snacks and grills;

security work requiring the holding of an appropriate licence;

reception duties which may include control of a switchboard, ticket sale etc., door or car park duties where required to assume responsibility for the application of club policy in areas such as dress, age, residence and other entry requirements;

takes classes and/or directs activities in sporting areas, health clubs, swimming pools, etc.;

cellar duties;

change box duties where required to balance a float;

general clerical or office duties such as typing, word processing, data entry, maintaining records, switchboard operation, etc.;

responsible for routine building and/or grounds maintenance but not possessing the appropriate trade qualification nor being employed as greenkeeping personnel;

driving a motor vehicle requiring the holding of a New South Wales Class 1A license;

8.5 Level 4

8.5.1 Employees at this level may have satisfactorily completed the prescribed standard of training at an Advanced level so as to enable them to perform work within the scope of this level.

8.5.2 Employees are required to perform work above and beyond the skills of a Level 3 employee.

8.5.3 Indicative duties include:-

general cooking duties, including a la carte cookery, baking, pastry cooking or butchery not requiring an appropriate trades certificate;

full control of a cellar or store, general purchasing and stock control duties (including receipt, recording and inventory control of goods, ordering goods of a type directed by the employer from approved suppliers);

general and specialised waiting and/or drink service in a fine dining room requiring the mixing of a range of sophisticated drinks and a wide knowledge of wines;

basic direct supervision of a small group of employees in a section, department or area of a club;

general secretarial, stenographic, bookkeeping and/or clerical duties of an advanced nature, including the preparation of the payroll under supervision and may be responsible for checking and allocating work of other clerical staff;

planning, co-ordination and/or conduct of individual leisure games, promotional and/or entertainment activities;

the work of a caretaker;

planning and/or co-ordination of conferences and/or banquets;

being in charge of supervising children in designated playing and similar areas, but not possessing the appropriate trade or professional qualifications;

driving a bus requiring the holding of a New South Wales Class 1B or Class 4B licence.

8.6 Level 5

8.6.1 Employees at this level may have satisfactorily completed the prescribed standard of training at trade or the equivalent level so as to enable the employee to perform work within the scope of this level.

8.6.2 Employees are required to perform work above and beyond the skills of a Level 4 employee.

8.6.3 Indicative duties include:

general or specialised cooking, baking, pastry cooking or butchering requiring an appropriate trades certificate;

supervision, training and coordination of large numbers of subordinate staff, including level 4 supervisors, in one or more sections, departments or areas of the club;

trade work appropriate to an employee’s trade including technical level maintenance of gaming devices;

preparation and maintenance of staff rosters;

responsibility and accountability for the whole operation of a safe or counting room from which change is issued to bars and poker machine change areas, rather than the mere physical movement of monies only, and including the responsibility and accountability for the safe balance and for checking the balances reported by operators of tills, change cages, TABs, Keno operations, etc.

responsibility for locking and securing the Club premises;

8.7 Level 6

8.7.1 Employees at this level may have satisfied the training requirements of Level 5 and, where required to supervise other employees, have completed the prescribed standard of training in supervision.

8.7.2 Employees are required to perform work above and beyond the skills of a Level 5 employee.

8.7.3 Indicative duties include:

specialised cooking, butchering, baking, pastry cooking; may supervise the operation of a section and/or other cooks and kitchen staff; menu planning;

control of an office and other clerical employees, responsibility for preparation and analysis of overall financial and statutory reports, budgeting; control of a substantial clerical function, such as the work of administering the payroll system of a club including knowledge, interpretation and application of complex legislative and/or award provisions and requirements; specialised purchasing duties, including evaluation of suppliers and negotiations of purchasing conditions;

substantial accounting duties where the employee is required to have or has attained all or most of the formal accountancy qualifications;

supervision, training and co-ordination of large numbers of subordinate staff (including Level 5 employees), responsibility for their efficient allocation and control; undertaking budgeting, staff costing and operational reporting; staff recruitment and induction.

8.8 Level 7

8.8.1 Employees at this level may have satisfactorily completed the prescribed standard of training at a post-trade or equivalent level so as to enable the employee to perform work within the scope of this level.

8.8.2 Employees are required to perform work above and beyond the skills of a Level 6 employee.

8.8.3 Indicative duties include:

full control of one or more kitchens and/or food outlets; supervision of other qualified cooks and kitchen staff.

NB: It is not intended that any changes to the above classification levels shall result in a change to the assigned classification level of any employee engaged prior to 2 July 1999.

8.9 Fitness Instructor

8.9.1 Definition:

(a) This Clause does not relate to fitness instructors who are full-time employees.

(b) "Fitness Instructor: is an employee engaged in instructing people in either aquarobics, aerobics, pump, step aerobics, Boxing circuits, circuits, walking, cardiac class, yoga, or similar discipline.

8.9.2 Hours:

(a) An employee engaged as a fitness instructor shall be engaged for a minimum shift of 1 hour.

(b) The spread of hours for fitness instructors shall be 15 from the commencement of their first shift to the cessation of the last shift within a day.

8.9.3 Rate of Pay

The minimum all-up rate of pay shall be as set out in Table 1 Rates of Pay (iv), (v), &(vi). No penalty or weekend payments of any type will apply. The actual hourly rate shall be negotiable on a club by club basis.

8.10 Classification Review

8.10.1 There will be a review of award classifications by the parties to the award commencing as soon as practicable after the award is made.

8.10.2 The award may be varied during its nominal term by consent to reflect any changes to classifications which occur as a result of that review.

8.11 State Wage Case

8.11.1 Following a decision of the Industrial Relations Commission to grant a State Wage Case increase, the parties shall by consent flow on the increase arising from the State Wage Case upon application by the Union, that shall take effect on and from no later than 5 July of each year during the life of this Award.

9. EXISTING EMPLOYEES

(For those employees employed prior to 2 July 1999 in the appropriate category. Any employee changing status (e.g. casual to full-time) shall be employed under the conditions of Clause 10).

1. Full-time Employees

9.1 Normal Hours Of Work

9.1.1 A full time employee is a weekly hire employee engaged to work 38 hours per week.

9.1.2 The ordinary hours of work shall not exceed 38 hours per week which shall be worked over cycles of four weeks as follows:

(a) in each of 3 weeks, 5 days of 8 hours duration, and

(b) in the other week, 4 days of 8 hours duration.

9.1.3 Margin of hours:

The ordinary working hours shall be worked from the commencing to the finishing time of the shift within:

(a) Eleven hours for kitchen, dining and housekeeping staff;

(b) Nine hours for all other employees.

9.1.4 During each four week period the employee shall be allowed days off duty as follows:

(a) in each of three weeks in the cycle 2 days of 24 hours off; and

(b) in the other week of the cycle 3 days of 24 hours off, two of which must be consecutive.

9.2 Alternative Hours Of Work

9.2.1 Where the employer and either:

(a) an individual full-time employee with at least 4 weeks service;

or

(b) a two-thirds majority of full-time employees within a club or a section of a club freely agree in writing (using the form in Clause 19) to adopt an alternative method of working the 38 hour week, then that agreed method shall apply provided that:

(c) a copy of the agreement is sent to both the Union and the RCA within 14 days of the commencement of the agreement. Where either the Union or the RCA objects to the agreement, it shall confer as soon as possible with the other organisation. Should the Union and the RCA fail to reach agreement on the appropriateness or otherwise of the arrangement, the matter shall be notified to the Industrial Relations Commission of New South Wales;

(d) either party to the agreement may terminate the agreement by giving 28 days notice to terminate, or such lesser period as is mutually agreed;

(e) total ordinary hours do not exceed 152 over 20 days in any four week period;

(f) the maximum ordinary hours of any shift does not exceed 12;

(g) the minimum ordinary hours of any shift do not fall below 4;

(h) the margin of hours do not exceed 14;

(i) if broken shifts are agreed upon for the convenience of the employee, the proof of which shall lie with the employer, no broken shift penalty is payable;

(j) if it is agreed to work more than 5 hours without a meal break, no penalty applies;

(k) where no meal break is agreed upon, the employee shall receive 1 x 20 minute paid crib break if the shift is 10 ordinary hours or less and 2 x 20 minute paid crib breaks if the shift exceeds 10 ordinary hours. At no time shall the employee be required to work more than 6 hours without a crib break.

9.3 Full Sporting Club

9.3.1 Where a club is a Full Sporting Club (as defined), the club is entitled to roster the 38 ordinary hours of work as follows:

(a) in each of 3 weeks of the four week cycle - 40 ordinary hours per week with up to 8 ordinary hours within a spread of 9 hours for 3 shifts and up to 10 ordinary hours within a spread of 11 hours for 2 shifts, and

(b) in the other week of the cycle - 32 ordinary hours with up to 8 ordinary hours within a spread of 9 hours for 2 shifts and up to 10 ordinary hours within a spread of 11 hours for 2 shifts;

(c) such hours shall be worked continuously except for a meal break.

9.3.2 Where a club adopts such a roster, the club shall, within 14 days of its commencement, inform the Union of its action and provide the Union with proof that it is a Full Sporting club.

9.4 Rosters

9.4.1 A roster shall be posted in a place accessible to all employees at least four weeks in advance.

9.4.2 The roster shall show the starting times, finishing times, meal breaks and rostered days off for the four week cycle.

9.4.3 The roster shall only be changed:

(a) by mutual consent at any time;

(b) in respect to the two consecutive rostered days off (which occur one in every four weeks) - by two weeks notice;

(c) when such a change is necessary because of absences or shortages of staff - 12 hours notice;

(d) for any other reasons - 7 days notice.

9.4.4 The roster shall be accessible for inspection on request by an officer of the Union.

9.5 Penalty Payments

9.5.1 These penalties do not apply on Saturdays, Sundays or Public Holidays.

9.5.2 Shift Penalty

An employee whose shift starts before 7:00am or finishes after 8:00pm shall be paid an allowance as set out in Item 1 of Table 2 per hour or part thereof with a minimum payment as set out in Item 2 of Table 2.

9.5.3 Broken Shift Penalty

An employee, who is required to work a shift where an interval(s) of more than one hour in the aggregate unpaid time occurs between the starting and finishing times of the shift, shall be paid a penalty as set out in Item 3 of Table 2.

9.5.4 Night Shift Penalty

(i) Where an employee works a shift which falls totally between 11:00pm and 8:00am, the employee shall be paid a penalty as set out in Item 4 of Table 2.

(ii) Instead of the meal period prescribed by Clause 9.6.2, the employee shall receive a paid 20 minute crib break.

9.6 Meal Periods

9.6.1 An Employee shall be entitled to a meal break after each 5 hours of work.

9.6.2 The meal break shall be between 30 and 60 minutes and shall be unpaid.

9.6.3 Where the meal break is not given, then a penalty of ½ time additional to the ordinary hourly rate shall apply for all time worked beyond 5 hours (or 6 as the case may be).

9.6.4 Where the club employs less than 10 people covered by this award, then the break prescribed by subclause 9.6.2 can be substituted by a paid twenty minute crib break which can be taken, as trade permits, at any time within that day’s shift, and the penalty prescribed by subclause 9.6.3 shall not apply.

9.7 Limitations On Hours Of Work

9.7.1 Subject to subclause 9.6.4, no employee shall be required to work more than 5 hours without a meal break except in an emergency when the meal break may be varied by up to 60 minutes.

9.7.2 The employer shall roster so that there is at least 10 hours off between the finishing of one ordinary shift and the start of the next ordinary shift (this may be reduced to 8 hours at the changeover of rosters).

9.7.3 Where an employee is required to work his ordinary hours in such a way that the employee does not receive 10 hours (or 8 hours on roster changeover) off as required by Clause 9.7.2, then either:

(a) the employee is released from starting his next ordinary shift without loss of pay until he has had 10 hours off duty (or 8 hours on roster changeover); or

(b) the employee is paid at double ordinary time rates until he is so released to have 10 hours off duty (or 8 as the case may be) without loss of pay for ordinary working time.

2. Part-time Employees

9.8 Hours Of Work

9.8.1 Part-time employees shall receive a loading of 15% in addition to the ordinary hourly rate of pay for all ordinary hours worked on Mondays to Fridays inclusive (except for Public Holidays).

9.8.2 The ordinary hours of work shall be:

(a) not less than 15 nor more than 30 per week;

(b) worked in shifts of not less than 3 nor more than 8 hours per day;

(c) worked on no less than 2 shifts nor more than 5 shifts per week;

(d) except for meal breaks such hours shall be continuous.

9.9 Alternative Hours Of Work

9.9.1 Where the employer and a part-time employee with at least 4 weeks service freely agree in writing (using the form in Clause 19) to adopt alternative hours arrangements, the following can be modified:

(a) Shifts of up to 12 ordinary hours duration may be worked;

(b) Where shifts are of more than 10 ordinary hours duration, 2 x 20 minute paid crib breaks are substituted for the unpaid meal break;

9.10 Rosters

9.10.1 A roster shall be posted in a place accessible to all employees at least four weeks in advance. Such rosters shall be accessible, on request, for inspection by an officer of the Union.

9.10.2 The roster shall show the starting times, finishing times, meal breaks and rostered days off for the four week cycle.

9.10.3 The roster shall only be changed:

(a) by mutual consent at any time;

(b) in respect to the two consecutive rostered days off (which occurs once every four weeks) - by two weeks notice;

(c) when such a change is necessary because of absences or shortages of staff - 12 hours notice;

(d) for any other reasons - 7 days notice.

9.11 Penalties

9.11.1 This Clause shall not apply on Saturdays, Sundays or Public Holidays.

9.11.2 Shift Penalty

An employee whose shift starts before 7:00am or finishes after 8:00pm shall be paid an allowance as set out in Item 1 of Table 2 per hour or part thereof with a minimum payment as set out in Item 2 of Table 2.

9.11.3 Night Shift Penalty

(i) Where an employee works a shift which falls totally between 11:00pm and 8:00am, the employee shall be paid a penalty as set out in Item 4 of Table 2. This penalty shall not apply on weekends or Public Holidays.

(ii) If the employee’s shift exceeds 5 hours, the meal period prescribed by Clause 9.12 will be substituted by a paid 20 minute crib break.

9.12 Meal Periods

9.12.1 An employee shall be entitled to a meal break after each 5 hours of work.

9.12.2 The meal break shall be between 30 and 60 minutes and shall be unpaid.

9.12.3 Where the meal break is not given, then a penalty of ½ times additional to the ordinary hourly rate shall apply for all time worked beyond 5 hours (or 6 in an emergency).

9.12.4 Where the club employees less than 10 people covered by this award, then the break prescribed by subclause 9.12.2 can be substituted by a paid twenty minute crib break which can be taken, as trade permits, at any time within that day’s shift, in which case the penalty prescribed by subclause 9.12.3 shall not apply.

9.13 Limitations On Hours Of Work

9.13.1 Subject to subclause 9.12.4 no employee shall be required to work more than 5 hours without a meal break except in an emergency when the meal break may be varied by up to 60 minutes.

9.13.2 The employer shall roster so that there is at least 10 hours off between the finishing of one ordinary shift and the start of the next ordinary shift (this may be reduced to 8 hours at the changeover of rosters).

9.13.3 Where an employee is required to work his ordinary hours in such a way that the employee does not receive 10 hours (or 8 hours on roster changeover) off, then either:

(a) the employee is released from starting his next ordinary shift without loss of pay until he has had 10 hours off duty (or 8 hours on roster changeover); or

(b) the employee is paid at double ordinary time rates until he is released to have 10 hours off duty (or 8 as the case may be) without loss of pay for ordinary working time.

100. Casual Employees

9.14 Hours Of Work

9.14.1 The minimum engagement shall be 3 continuous hours per day.

9.14.2 Where the employee is required to work for periods of time separated by more than 1 hour, each period shall be of a minimum 3 continuous hours.

9.14.3 A casual employee shall receive a loading of 331/3% in addition to the ordinary time rate of pay for all ordinary hours worked on Monday to Friday inclusive (except for Public Holidays).

9.14.4 A casual employee shall receive 1/12th of the Monday to Friday casual hourly rate for each hour of ordinary time worked (Monday - Sunday) as a pro rata annual leave entitlement. Such pro rata annual leave shall be paid weekly.

9.15 Meal Periods And Meal Allowance

9.15.1 An employee shall be entitled to a meal break after 5 hours of work (or 6 hours in an emergency);

9.15.2 The meal break shall be between 30 and 60 minute and shall be unpaid;

9.15.3 Where the meal break is not given, then a penalty of ½ times additional to the casual hourly rate of the day shall apply;

9.15.4 Casual employees whose engagement extends for 5 hours or more shall be entitled to a meal free of charge or paid an allowance as set out in Item 9 of Table 2. The employee shall have the right to choose any meal on the menu up to the value of the meal allowance.

9.16 Casual Roster

9.16.1 A roster shall be posted in a place accessible to all employees at least two weeks in advance;

9.16.2 The roster shall show the engagements of each employee;

9.16.3 Where, due to unforeseen circumstances, the employer needs to cancel a shift or the employee is unavailable to work the shift, then the one party shall give the maximum possible notice to the other party.

9.16.4 The employer shall offer all casual work to existing casual employees before engaging new casual employees provided that it is acknowledged that the business needs of the club are paramount.

9.17 Penalties

9.17.1 An employee whose shift starts before 7.00am or finishes after 8.00pm shall be paid an allowance as set out in Item 1 of Table 2 per hour or part thereof with a minimum payment as set out in Item 2 of Table 2. This penalty shall not apply on Saturdays, Sundays or Public Holidays.

10. NEW EMPLOYEES

(For employees employed after 2 July 1999)

1. Full-time Employees

10.1 Hours Of Work

10.1.1 The ordinary hours of work shall not exceed 152 in any four week period.

10.1.2 The maximum number of days on which ordinary time is to be worked shall not exceed 20 in any four week period.

10.1.3 The maximum ordinary hours on any shift shall not exceed 12.

10.1.4 The minimum ordinary hours on any shift shall not be less than 4.

10.1.5 The margin of hours shall not exceed 14.

10.1.6 Subject to subclauses 10.1.7 and 10.1.8 of this award, an employee shall be entitled to an unpaid meal break of not less than 30 minutes or more than 60 minutes after each 5 hours of work.

10.1.7 Where an unpaid meal break is not to be given, the employee shall be entitled to a 20 minute paid crib break.

10.1.8 Where the shift the employee is required to work exceeds 10 ordinary hours, the employee shall, instead of receiving an unpaid meal break, receive two 20 minute paid crib breaks.

10.1.9 A roster showing starting and ceasing times for the ordinary hours of duty together with meal periods for full time employees shall be posted four weeks in advance in a place accessible to all employees and shall not be changed except:

(a) by mutual consent at any time;

(b) when such a change is necessary because of absences or shortages of staff - 12 hours notice;

(c) for any other reason - 7 days notice.

10.1.10 Where the employer and a full-time employee agree, the monetary value of the 4 week roster shall be paid in 4 equal weekly instalments. Any monetary adjustments required will be made at the end of the 4 week cycle.

2. Part-time Employees

10.2 Hours Of Work

10.2.1 The ordinary hours of work shall be not less than 32 nor more than 148 in any four week period.

10.2.2 The maximum number of days on which ordinary time is to be worked shall not exceed 20 in any four week period.

10.2.3 The maximum ordinary hours on any shift shall not exceed 12.

10.2.4 The minimum ordinary hours on any shift shall be not less than 3.

10.2.5 The margin of hours shall not exceed 14.

10.2.6 Subject to subclauses 10.2.7 and 10.2.8 of this award, an employee shall be entitled to an unpaid meal break of not less than 30 minutes nor more than 60 minutes after each 5 hours of work.

10.2.7 Where an unpaid meal break is not to be given, the employee shall be entitled to a 20 minute paid crib break.

10.2.8 Where the shift the employee is required to work exceeds 10 ordinary hours, the employee shall, instead of receiving an unpaid meal break, receive two 20 minute paid crib breaks.

10.2.9 A roster showing starting and ceasing times for the ordinary hours of duty together with meal periods for part-time employees shall be posted two weeks in advance in a place accessible to all employees and shall not be changed except:

(a) by mutual consent;

(b) when such a change is necessary because of absences or shortages of staff - 12 hours notice;

(c) for any other reason - 7 days notice;

(d) such roster shall be accessible, on request, for inspection by an officer of the Union.

10.2.10 With an exemption for clubs who employ less than 10 employees covered by this award, a club shall not have more than 3 part-time employees for each full-time employee.

10.2.11 The minimum hours of work prescribed by subclause 10.2.1 shall not apply to clubs who employ less than 10 employees covered by this award.

10.2.12

(i) It is noted that if, within six months of 2 July 1999, any existing casual employee who took up a part-time position as described in Part B of Clause 10, such employee was entitled to be paid a loading of 15% for all work performed on Mondays through to Fridays (excluding Public Holidays).

(ii) At the expiration of the 1999 Award (being 2 July 2002) the loading referred to in the preceding paragraph shall, based on the weekly average of the last four week period worked, be converted into a monetary amount. This monetary amount will be considered to be an overaward amount which shall be absorbed into future pay increases.

(iii) An ‘existing’ casual employee is an employee who was employed in a casual capacity by the employer at 2 July 1999.

100. Casual Employees

10.3 Hours Of Work

10.3.1 The minimum engagement shall be 3 continuous hours per day.

10.3.2 Where the employee is required to work for periods of time separated by more than 1 hour, each period shall be of a minimum 3 continuous hours.

10.3.3 A casual employee shall receive a loading of 25% in addition to the ordinary time rate of pay for all ordinary hours worked on Monday to Friday inclusive (except for Public Holidays).

10.3.4 A casual employee shall receive 1/12th of the Monday to Friday casual hourly rate for each hour of ordinary time worked (Monday - Sunday) as a pro rata annual leave entitlement. Such pro rata annual leave shall be paid weekly.

10.3.5 An employee shall be entitled to a meal break after 5 hours of work (or 6 hours in an emergency).

10.3.6 The meal break shall be between 30 and 60 minute and shall be unpaid.

10.3.7 Where the meal break is not given, then a penalty of ½ times additional to the casual hourly rate of the day shall apply.

10.3.8 A roster at least two weeks in advance, shall be posted in a place accessible to all employees.

10.3.9 The roster shall show the engagements of each employee.

10.3.10 Where, due to unforeseen circumstances, the employer needs to cancel a shift or the employee is unavailable to work the shift, then the one party shall give the maximum possible notice to the other party.

10.3.11 The employer shall offer all casual work to existing casual employees before engaging new casual employees, provided that it is acknowledged that the business needs of the club are paramount.

11. VOLUNTARY EXEMPTION AGREEMENTS

(For any full-time employee)

11.1

11.1.1 An employer and an individual full-time employee who has been employed for not less than four weeks may freely enter into a written Voluntary Exemption Agreement by following the procedures set out in this Clause.

11.1.2 Prior to negotiating such an agreement, the employer must, where the employee has advised the employer that he is a Union member, advise the Union of its intention to negotiate with the employee and the Union may be involved in those negotiations at the request of the employee.

11.1.3 The employer, the employee and, if appropriate, the Union can reach agreement on those matters now covered by any or all of the following Clauses:

Hours

Overtime

Saturday and Sunday Rates

Rostered Days Off

Public Holidays

11.1.4 The terms then agreed to would operate in lieu of those set out in the Clauses nominated in the agreement, provided that the following minimum standards are observed:

(a) No agreement may permit an employee to work more than a maximum of 38 ordinary hours per week, averaged over 52 weeks.

(b) The agreement shall provide that the employee must be paid a wage not less than 33% above the award total rate for the work being performed from time to time.

(c) No employee shall receive a wage less than 33% above the total award rate for a Level 4 employee.

11.1.5 The terms agreed to and the wage agreed upon shall be set out in writing and signed by the parties. The written agreement must also contain the terms of any undertakings made at the time of entering the agreement and, if a roster is agreed upon, a copy of that roster.

11.1.6 A copy of the agreement shall be sent to the Union and the RCA within 14 days of the commencement of operation of the agreement.

11.1.7 The agreement may be terminated by:

(a) the employee, by giving written notice within 28 days of entering the agreement;

(b) either party, after 12 months, by giving 28 days notice in writing to the other party (or such lesser period as is agreed).

11.1.8 No employee shall suffer a reduction in earnings as a result of entering into an agreement.

11.1.9 No employer shall offer employment to any person on the basis that the employee must enter into an agreement.

11.1.10 The agreement must be in the form as set out in Clause 19.

12. APPRENTICES

12.1

12.1.1 Apprentices wage rate(s) shall be the following percentages of the Level 5 ordinary time wage rate calculated to the nearest 10 cents.

12.1.2 No apprentice under the age of 18 years shall be required to work overtime unless the apprentice so agrees. Such overtime shall not exceed one hour in any one day.

12.1.3 At 18 years or over, an apprentice who is required to work overtime for two hours or more, after the usual ceasing time, shall be provided with a meal free of charge, or paid a meal allowance as set out in Item 9 of Table 2.

12.1.4 No apprentice shall, except in an emergency, work overtime or ordinary time which would prevent attendance at technical college as required by any statute, award or regulation.

12.1.5 Proficiency Rates - Should an apprentice in any year pass in each of the subjects prescribed for that year of his apprenticeship course, and attain a standard as certified by the Department of Technical and Further Education of not less than an average of 70 per cent of possible marks allotted at the Annual Examination conducted by the Department, in the subjects of trade theory and trade practice prescribed for that year in the relevant course, he shall:

(a) On the first occasion on which he attains such standard be paid for the next succeeding year the sum set out in Item 5 of Table 2, in addition to the prescribed minimum weekly wage.

(b) For the second occasion on which he attains such standard be paid for the next succeeding year the sum set out in Item 6 of Table 2, in addition to the prescribed minimum weekly wage.

(c) For the third occasion on which he attains such standard be paid for the next succeeding year the sum set out in Item 7 of Table 2, in addition to the prescribed minimum weekly wage.

13. JUNIORS - CLERICAL ONLY

13.1

13.1.1 The minimum rates for junior clerical employee performing up to Level 3 work shall be the following percentages of the Level 3 total award rate calculated to the nearest ten cents.

13.1.2 Where a clerical employee aged 18 or 19 years has at least 12 months experience in clerical work the employee shall be paid the rate prescribed for an adult clerical employee performing the same work.

14. OVERTIME

14.1 Full-Time and Part-Time Employees

14.1.1 Overtime shall mean all time worked-

(a) in excess of ordinary hours, or

(b) outside the required margin of hours, or

(c) outside of rostered hours, and paid on the ordinary hourly rate at the rate of:-

(d) 11/2 times for the 1st 2 hours of overtime (Monday to Friday)

(e) 2 times for all overtime beyond 2 hours of overtime (Monday to Friday)

(f) 2 times for all overtime performed on Saturdays and Sundays and Rostered Days Off.

(g) 2½ times for all overtime performed on Public Holidays.

14.1.2 An employee required to work overtime of two or more hours which is continuous with the commencement or cessation of his ordinary shift shall, before commencing such overtime or ordinary shift, be allowed a crib break of 20 minutes which shall be paid for at the ordinary rate for the day.

14.1.3 An additional crib break shall be allowed after each four hours of overtime if the overtime is to continue.

14.1.4 Where 10 or more hours are worked on a Rostered Day Off, a crib break of 20 minutes shall apply.

14.1.5 An employee required to work overtime in excess of two hours without being notified on the previous day or earlier shall be supplied with a meal by the employer or be paid an amount as set out in Item 9 of Table 2.

14.1.6 An additional meal or meal allowance shall be provided after each 4 hours of overtime, if the overtime is to continue.

14.1.7 In computing overtime, each day shall stand alone.

14.1.8 To ensure that full-time and part-time employees are not deprived of the opportunity to work reasonable overtime an employer shall, as far as is practicable, offer such employees the opportunity to work any overtime that may be required to meet fluctuations in trade or other special circumstances in preference to engaging casuals to supplement the normal labour force. In such case employees shall work reasonable overtime to meet the circumstances of the employer.

14.1.9 A full-time or part-time employee recalled to work overtime after leaving the employer’s business premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours’ work at the appropriate overtime rate for each time he is so recalled provided that, the employee shall not be required to work the full four hours, if the job the employee was recalled to perform is completed within a shorter period. This subclause shall not apply, where the overtime is continuous with the completion or commencement of ordinary working time.

14.1.10 Where the actual overtime worked is less than four hours, the period of 4 hours for which payment has to be made shall not be regarded as overtime worked for the purpose of a crib break.

14.1.11 Where an employee is required to work on his Rostered Day Off, he shall be paid at double time rates with a minimum as for 4 hours.

14.1.12 An employee, including a part-time employee, who works so much overtime between the finishing of ordinary work on one shift and the commencement of ordinary work on the next shift that the employee has not had at least eight hours off duty between these times shall be released after completion of such overtime until the employee has had eight hours off duty without loss of pay for ordinary working time occurring during such absence.

14.1.13 If on the instructions of the employer such an employee resumes or continues work without having had eight hours off duty the employee shall be paid at double ordinary time rates until released from duty for such period and then shall be entitled to be absent until the employee has had eight hours off duty without loss of pay for ordinary working time occurring during such absence.

14.1.14 By mutual agreement payment for overtime may be converted to time off in lieu, to be taken as one hour off for one hour’s pay. The calculation formula for time in lieu will be the same as the monetary calculation for overtime.

14.1.15 The time off shall be taken at an agreed time within one month of accrual, failing which payment shall be made. An employer shall not offer overtime on the basis that it must be converted to time off.

14.2 Casual Employees

14.2.1 A casual employee shall receive overtime payments for all hours in excess of 8 in any one day.

15. SATURDAY AND SUNDAY RATES - ALL EMPLOYEES

15.1

15.1.1 All ordinary time worked on Saturdays shall be paid at time and one half.

15.1.2 All ordinary time worked on Sundays shall be paid at time and three quarters.

16. PUBLIC HOLIDAYS - ALL EMPLOYEES

16.1

16.1.1 The day or days upon which the following Holidays fall, or the days on which such Holidays are observed, shall be Holidays for the purpose of this award: New Year’s Day, Australia Day, Good Friday, Easter Monday, Anzac Day, Queen’s Birthday, Eight Hour Day, Christmas Day, Boxing Day, the third Monday in February of each year shall be a holiday for the purpose of this clause, and any other day or days proclaimed or gazetted as Public Holidays for the State.

16.1.2 A full-time or part-time employee who is not required by the employer to work on a Public Holiday shall receive payment for the day at the ordinary rate of pay for the hours rostered.

16.1.3 All time worked on a Public Holiday shall be paid for at the rate of 21/2 times the ordinary time rate of pay.

16.1.4 The minimum payments for work on a Public Holiday are:

(a) for full-time employees either the employees usual shift for that day or 6 hours whichever is the greater.

(b) for part-time employees either the employee’s usual shift for that day or 4 hours whichever is the greater.

(c) for casual employees, 3 hours

16.1.5 The minimum payments prescribed by 16.1.4 do not apply where an employee’s work commences on the day before a Public Holiday and terminates on the Public Holiday or commences on a Public Holiday and terminates on the day after the Public Holiday. In such cases only the hours actually worked on the Public Holiday will attract the Public Holiday rate.

16.1.6 Where a Public Holiday falls on a full-time or part-time employee’s Rostered Day Off, the employee shall be paid:

(a) 8 hours in the case of full-time employee’s;

(b) 1/5 of the ordinary weekly hours in the case of a part-time employee.

This subclause shall not apply to a weekly employee who has not worked any ordinary hours outside the range of midnight Sunday to midnight Friday and who never works ordinary hours on weekends.

16.1.7 A weekly employee, including a part-time employee, absent from work on the working day before a holiday or two or more consecutive holidays, or on the working day immediately after such holiday or holidays, who fails to provide or furnish evidence satisfactory to the employer that this absence was due to a good and satisfactory cause, shall not be entitled to payment for such holiday or holidays.

16.1.8 An employer and an employee, or an employer and the majority of employees in an establishment, may agree to observe an alternative day as a holiday in lieu of the third Monday in February.

17. ADDITIONAL ROSTERED DAYS OFF

17.1

17.1.1 Where the employee is required to work on his Additional Rostered Day Off (where appropriate), the employee shall be paid at double time (or 2½ if a Public Holiday) the ordinary hourly rate for all time worked with a minimum payment as for 4 hours.

17.1.2 By agreement in writing with the employer an employee may bank up to 9 Additional Rostered Days Off.

18. TEA BREAK

18.1

18.1.1 Any employee who works a shift of six or more hours shall be entitled to a paid 10 minute break.

18.1.2 The taking of the tea break shall be in either the first or second half of the shift but must not be taken within the first or last 90 minutes of the shift.

18.1.3 The taking of the tea break shall be by agreement but failing agreement, the employer shall determine when the tea break is to be taken.

19. AGREEMENT FORMS

19.1 Agreement To Adopt An Alternative Pattern Of Hours

This form records the terms of agreement freely reached between:

the employee, __________________________________________________________________and the employer, __________________________________________________________________

under the award, employees have the following entitlements:

(a) 3 weeks of 5 shifts of 8 hours and a fourth week of 4 shifts of 8 hours. Special conditions exist for Full Sporting Clubs (Clause 9.3), and new full-time employees (Clause 10.1).

(b) The maximum span of hours from the commencing time to the ceasing time of the ordinary hours of any shift shall be:

(1) Eleven hours per shift for kitchen staff, dining room staff including drink waiter or waitress and housemaids.

(2) Nine hours per shift for other employees.

However

The award provides that

(c) an employer and two-thirds of the full time employees concerned in a club or section of a club may freely agree in writing to adopt certain alternative patterns of working hours; and

(d) the employer and an individual full time employee who has been employed for not less than four weeks may freely agree in writing to adopt certain alternative patterns of working hours including extended shifts and/or an altered margin of hours; and

(e) the employer and an individual part time employee who has been employed for not less than four weeks may freely agree in writing to adopt extended shifts.

This consent must be freely given and neither party is obliged to agree - the general award provision will apply except where you agree to adopt the alternative set out in this document.

The employer and employee have agreed to adopt the following alternative pattern of hours the details of which are set out below:

__________________________________________________________________

____________________________________________________________________________________________________________________________________

This agreement has been reached between:

__________________________________________________________________

(Insert full name of Club or Employer)

And __________________________________________________________________

(Insert full name of Employee)

Pursuant to Clause 9.2 the parties agree that

1 They have read and understand the terms of this document.

2. They know that this agreement is voluntary and that neither party may be compelled to agree.

3. They know that this may be rescinded by either party giving twenty-eight days notice or such lesser period as is mutually agreed.

Set out hereunder are the terms of any undertakings given in reaching this agreement

(Set out the undertakings)

__________________________________________________________________

__________________________________________________________________

Attached hereto is a copy of any roster proposed to the employee as being the intended roster

Signed By Or On Behalf Of The Employer _______________________________

Witnessed By________________________________________________________

Signed By The Employee ______________________________________________

Witnessed By________________________________________________________

Dated______________________________________________________________

A signed copy of this document and any attachments is to be given to the employee.

YOUR AWARD RIGHTS

Procedure for adoption of alternative pattern of hours

Clause 9.2 of this award (see below) sets out the circumstances where certain alternative patterns of hours may be agreed to between an employer and an employee. where such an agreement is reached in accordance with that section the employer shall:

(a) provide to the employee in writing a document in the form set out below.

(b) give the employee such time as the employee may request to read and consider the document.

(c) enter in the document all details required to be entered including the terms of any undertakings given at the time of entering the agreement.

(d) attach to the document a copy of any roster proposed to the employee as being the intended roster.

(e) sign the document and attachments, and

(f) give to the employee a signed copy of the document and any attachments and the employee shall also sign the document and any attachments.

(g) send a copy to the Union and the RCA.

The award provides:-

Alternative Hours of Work. Clause 9.2.1 provides that

Where

(a) the employer and an individual full time employee who has been employed for not less than four weeks; or

(b) the employer and two-thirds of the full time employees concerned in a club or section of a club freely agree in writing as provided for by Clause 19 of this award to adopt an alternative pattern of working hours that method shall apply provided that:

(a) Any club adopting an alternative pattern of working hours to that prescribed in Clause 9.2.1 hereof shall comply with Clause 19 of this award and shall, within 14 days of the commencement of operation of the arrangement, advise the Union and the RCA in writing of the agreed alternative method by sending to them a copy of the document in the form prescribed by Clause 19.

Where either the Union or the RCA objects to that arrangement, it shall confer as soon as practicable with the RCA or the Union respectively.

Should the Union and the RCA fail to reach agreement on the appropriateness or otherwise of the arrangement, the matter shall be notified to the Industrial Relations Commission of New South Wales.

No employer shall offer employment to any person on the basis that the employee must agree to an alternative pattern of working hours.

(b) Where an alternative pattern of working ordinary hours has been agreed to in accordance with this section of this Clause either party may terminate such agreement by giving to the other party 28 days notice or such lesser period as is mutually agreed.

(c) Any alternative pattern of working hours shall not in any four week period exceed 152 hours which shall be worked in not more than twenty shifts.

(d) The maximum ordinary hours that an employee may be required to work shall not exceed twelve in any shift.

(e) The minimum ordinary hours that a full time employee may be required to work shall be not less than four hours in any shift.

(f) Where the employer and an individual part time employee who has been employed for not less than four weeks freely agree in writing as provided for by Clause 19 of this award.

(i) the maximum ordinary hours that the part time employee may be required to work in any shift shall not exceed twelve. The provisions of subclause (j) shall apply to such agreements;

(ii) the part time employee may work broken shifts within the margins prescribed in subclause 9.1.3 of this Clause, in which case the penalty provided for in subclause 9.5.3 shall apply.

(g) Where the employer and an individual full time employee who has been employed for not less than four weeks freely agree in writing as provided for by Clause 19 of the margin of hours may be extended to a maximum of fourteen. The provisions of subclause (a) hereof shall apply to such agreement. Employees working in accordance with this subclause shall receive the broken shift penalty provided for in subclause 9.5.3 provided that, where the broken shift is arranged for the convenience of the employee, no penalty shall be paid.

(h) Where an alternative pattern of working hours has been adopted the taking of time off shall be as mutually agreed and recorded between the parties to the agreement.

(i) Meal period - The employer and an individual full time or part time employee who has been employed for not less than four weeks may freely agree in writing as provided for by Clause 19 that the provisions of subclause 9.6.1 may be varied as agreed between the employer and the employee provided that, where no unpaid meal break as prescribed by subclause 9.6.2 is to be taken, the employee shall receive a twenty minute paid crib break to be taken at an agreed time during the shift.

(j) Meal period, extended shift workers - in lieu of the provisions of subclause 9.6.1 of this Clause, employees working ordinary shifts greater than ten hours in working time shall not be required to work more than five hours without receiving a twenty minute paid crib break, provided always that the time of taking the break may be varied to meet working requirements and the employee is not required to work more than six hours without receiving a break and further provided that the employee shall receive two such breaks during the course of the shift.

19.2 Voluntary Exemption Agreement

This form records the terms of agreement freely reached between

The employee ___________________________________________________ and

The employer _______________________________________________________

Following negotiations between the parties in which the Union was/was not involved, in accordance with Clause 11, it has been agreed to replace the following provisions of the award with the terms set out below.

__________________________________________________________________

____________________________________________________________________________________________________________________________________

The wage for the employee, which shall not be less than 33% above the award total rate for the work being performed from time to time, with a further minimum of not less than 133% of the total award rate for a Level 4 employee is $____________.

Set out below are the terms of any undertakings given in reaching this agreement:

(Set out the undertakings)____________________________________________

__________________________________________________________________

__________________________________________________________________

Attached hereto is a copy of any roster proposed to the employee as being the intended roster.

This agreement has been reached between: .

____________________________________(insert full name of Club or Employer)

and_______________________________________(insert full name of Employee)

Pursuant to clause 11, voluntary exemption agreements of the Club Employees (State) Award.

(i) An employer and an individual full time employee who has been employed for not less than four weeks may freely enter into a written Voluntary Exemption Agreement by following the procedures set out in this Clause.

(ii) Prior to negotiating such an agreement, the employer must, where the employee is a Union member, advise the Union of its intention to negotiate with the employee and the Union may be involved in those negotiations at the request of the employee.

(iii) The employer, the Union and the employee could reach agreement on those matters now covered by any or all of the following Clauses:

Hours

Overtime

Saturday and Sunday Rates

Rostered Days Off

Public Holidays

The terms then agreed to would operate in lieu of those set out in the Clauses nominated in the agreement, provided that the following minimum standards are observed:

(a) No agreement may permit an employee to work more than a maximum of 38 ordinary hours per week, averaged over 52 weeks.

(b) The agreement shall provide that the employee must be paid a wage not less than 33% above the award total rate for the work being performed from time to time.

(c) No employee shall receive a wage less than 33% above the total award rate for a Level 4 employee.

(iv) the Terms Agreed to and the Wage Agreed Upon Shall be Set Out in Writing and Signed By the Parties. the Written Agreement Must Also Contain the Terms of Any Undertakings Given at the Time of Entering the Agreement and, If a Roster is Agreed Upon, a Copy of that Roster.

(v) A copy of the agreement shall be sent to the Union and the RCA within 14 days of the commencement of operation of the agreement.

(vi) An employee may terminate an agreement by giving written advice within 28 days of entering into the agreement.

(vii) Either party may terminate an agreement after 12 months by giving to the other party 28 days notice in writing or such lesser period as is mutually agreed.

(viii) No employee shall suffer a reduction in earnings as a result of entering into an agreement.

(ix) No employer shall offer employment to any person on the basis that the employee must enter into an agreement.

The Parties Agree That:

1. They have read and understand the terms of this document.

2. They know that this agreement is voluntary and that neither party may be compelled to agree.

3. They know that the employee may terminate this agreement by giving written advice within 28 days of entering into the agreement and that either party may terminate this agreement after 12 months by giving to the other party 28 days notice or such lesser period as is mutually agreed.

Signed By Or On Behalf Of The Employer__________________________________

Witnessed By________________________________________________________

Signed By The Employee_______________________________________________

Witnessed By________________________________________________________

Dated______________________________________________________________

A signed copy of this document and any attachments is to be given to the employee.

PART C
ALLOWANCES

20. BOARD AND LODGINGS

20.1

20.1.1 Where meals or board and lodging are provided, the following deductions may be made -

(i) Per Meal - the amount in Item 23 of Table 2

(ii) Full Board and Lodging - the amount in Item 24 of Table 2

(iii) Lodging only - the amount in Item 25 of Table 2.

20.1.2 Resident Staff who do not require meals on their days off shall be entitled to a refund of the amount outlined as a deduction charge for each meal.

20.1.3 Juniors cannot be charged for lodging.

21. FIRST AID ALLOWANCE

21.1

21.1.1 An employee, being the holder of a current St. Johns Ambulance First Aid Certificate, or other WorkCover approved certificate, who is appointed by the employer as a first-aid attendant shall be paid an allowance of:

(i) Weekly employee - the rate set out in Item 8 of Table 2.

(ii) Part time employees - a pro rata payment based on the rate applicable to weekly employees.

(iii) Casuals - for engagements where so appointed an hourly amount calculated at the rate of one thirty-eight of the weekly rate.

21.1.2 This allowance shall be paid as part of the employee's wage for all purposes of the award.

21.1.3 Subject to the provisions of the NSW Occupational Health & Safety Act (First Aid Regulation) a club shall appoint at least one first-aid attendant from among employees covered by this award at all times that the club is trading where one or more employees qualified in terms of this Clause are in the club's employ and on duty.

22. SPECIAL CLOTHING

22.1

22.1.1 Where an employer requires an employee to wear either:

(a) black and white clothing as defined, or;

(b) a specifically designed club uniform

then the employer shall either supply the clothing or pay an allowance as follows:

(i) for permanent employees the weekly allowance set out in Item 10 of Table 2;

(ii) for apprentices the weekly allowance set out in Item 11 of Table 2;

(iii) for casual employees an allowance per engagement as set out in Item 12 of Table 2.

22.1.2 Clothing shall mean:

(a) for male employees: - shirts, trousers or shorts, vests, shoes, cummerbund and bow tie;

(b) for female employees: dresses, shirts, slacks (other than stretch slacks), blouses, vests, shoes, cummerbund and bow tie;

(c) appropriately coloured socks or stockings, which shall remain the responsibility of the employee.

22.1.3 No existing employee shall have any existing entitlement they receive removed because of the introduction of this Clause.

22.1.4 Where an employer provides all items of uniform except shoes, the employer shall pay the allowances as set out in Items 13, 14 and 15 respectively, of Table 2.

22.1.5 When any item of special clothing is supplied to an employee the employee may be required to sign a receipt for that item. Such receipt shall show the item and its value, proof whereof shall rest with the employer. Upon the termination of the employee's employment the employee shall return the item to the employer, failing which the employer may retain from any wages due to the employee the value of the item as stated on the receipt less proper allowance for fair wear and tear.

22.1.6 Records of receipt shall be available for inspection by an official of the Union. In the case of genuine wear and tear, damage, loss, or theft that is not the employee's fault this provision shall not apply.

22.1.7 Any disagreement concerning the value of an item of uniform and any other aspect of this subclause shall be determined in accordance with the terms of Clause 30.

22.1.8 Where an employee is required by the employer to wear any special clothing other than that provided for above, such clothing shall be purchased at the employer's expense.

22.1.9 Special clothing shall be laundered or cleaned at the employers expense or the employer can pay an allowance of:

(i) In the case of permanent employees an amount as set out in item 16 of Table 2, or

(ii) in the case of waiting apprentices, an amount as set out in Item 17 of Table 2;

(iii) where the apprentice is only required to wear a cummerbund, an amount as set out in Item 18 of Table 2.

(iv) in the case of casual employees an amount set out in Item 19 of Table 2;

(v) in the case of permanent cooks an amount as set out in Item 20 of Table 2;

(vi) in the case of cooking apprentices an amount as set out in item 21 of Table 2;

(vii) in the case of casual kitchen staff an amount as set out in Item 22 of Table 2;

22.1.10 Clothing allowances shall be paid while an employee is absent on approved paid leave.

23. TOOL ALLOWANCE

23.1

23.1.1 Where an employer expressly requires an employee other than an apprentice to provide his own tools to perform the employer’s work, the employee shall be paid a tool allowance, an amount set out in Item 26 of Table 2.

23.1.2 Apprentices in cooking shall be paid each week a tool allowance equal to 60 per centum of the amount prescribed by subclause 23.1.1 hereof, and set out in Item 27 of Table 2.

23.1.3 Where the employer supplies the apprentice with all the necessary tools of use in his trade (such tools to remain the property of the employer) no tool allowance is payable.

23.1.4 Where a tool allowance is paid to apprentices, the employer may, from time to time inspect the tools provided by an apprentice and, if not satisfied that reasonable tools are being provided and kept in serviceable condition having regard to the quantum of tool allowance paid, may supply or render serviceable such tools and deduct the cost thereof from tool allowance payments thereafter becoming due.

24. CPI INCREASES

24.1.1 Upon application by the Union and upon publication by the Australian Bureau of Statistics of the Consumer Price Index (8 Capital) for the six months ended June and December in each year, the allowances prescribed by Clauses 20, 22 and 23 of this Part together within subclauses 9.5, 9.11 and 9.17 of Part B, shall be increased by the percentage increase in the index over the previous six months.

PART D
LEAVE

25. ALL EMPLOYEES

25.1 Annual Holiday

25.1.1 This Clause applies to full-time and part-time employees only. For Casual employees see the Annual Holidays Act 1944 and Clause 9.14.4.

25.1.2 All employees are entitled to 4 weeks annual leave per year in accordance with the provisions of the Annual Holidays Act 1944.

25.1.3 An employee who works at least 30 Sundays and/or Public Holidays in each twelve month period shall be entitled to an additional 1 week’s annual leave.

25.1.4 Where an employee’s employment is terminated during any twelve month period but he has still worked 30 Sundays and/or Public Holidays, the employee shall receive payment of an additional 1 week’s leave.

25.2 Annual Holiday Loading

25.2.1 Prior to an employee proceeding on annual Holidays, the employer shall, in addition to the annual holiday pay, pay to the employee a loading of either:

(a) 17½% of the ordinary time weekly wage, or

(b) any shift allowances and weekend penalties in respect of the ordinary time the employee would have worked had he not been on holiday, whichever is the greater amount.

25.2.2 The Clothing & First Aid Allowance are payable on annual leave.

25.2.3 The loading is payable on termination for accrued annual leave except where the employee is dismissed for misconduct.

25.3 Long Service Leave

See Long Service Leave Act 1955.

26. FULL-TIME AND PART-TIME EMPLOYEES

26.1 Bereavement Leave

26.1.1 The entitlement to bereavement leave occurs upon the death of:

(a) spouse, father, mother, father-in-law, mother-in-law, foster father, foster mother, grandfather, grandmother,

(b) child, stepchild, fosterchild, grandchild,

(c) brother, sister, brother-in-law, sister-in-law

26.1.2 "Spouse" includes a person with whom the employee is living in a de facto relationship at the time of bereavement.

26.1.3 When an employee claims bereavement leave in respect to a de facto spouse they cannot further claim such leave on the death of a legal spouse.

26.1.4 "Bereavement Leave" means leave without loss of pay for a period not exceeding the number of ordinary hours rostered for the employee in three ordinary days and shall be granted only for the purpose of arranging and/or attending the funeral.

26.1.5 "Funeral" includes a formal memorial service conducted in Australia for a deceased person who has died and/or is being laid to rest overseas.

26.1.6 To claim bereavement leave the employee

(a) must give proper and reasonable notice to the employer of the funeral, and

(b) must provide satisfactory proof that he attended the funeral.

26.1.7 Bereavement Leave cannot be claimed when the employee is already off on leave or on his Rostered Days Off.

26.1.8 Bereavement entitlements for casual employees

26.1.8.1 Subject to the evidentiary and notice requirements in 26.1.6(b) 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 26.4.1(d) of clause 26, Full-Time and Part-Time Employees.

26.1.8.2 The employer and the employee shall 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.

26.1.8.3 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.

26.2 Blood Donors

26.2.1 A employee who wishes to donate blood shall be allowed to do so during working hours without loss of pay for ordinary time, provided that

(a) the employee agrees with the employer upon the day and time which least inconveniences the club's operations. In the case of a disagreement, the employer shall have the right to nominate the date and time, or to refuse to give the employee leave; and

(b) the employee is able to donate blood at a mobile service of the Red Cross Blood Bank which is situated in or immediately adjacent to the club's land or premises, or at a hospital within five or less walking minutes from the club's premises; and

(c) having donated blood, the employee provides sufficient proof thereof and returns to work thereafter; and

(d) the entitlement is limited to a maximum of two hours on no more than three occasions in any one year of employment.

26.3 Jury Service

26.3.1 An employee required to attend for jury service during his ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of his attendance for such jury service and the amount of wages he would have received in respect of the ordinary time he would have worked had he not been on jury service.

26.3.2 An employee shall notify his employer as soon as possible of the date upon which he is required to attend for jury service.

26.3.3 The employee shall give his employer proof of his attendance, the duration of such attendance and the amount received in respect of such jury service.

26.4 Family Care Leave

26.4.1 Use of sick leave

(a) An employee, other than a casual employee, with responsibilities in relation to a class of person set out in 26.4.1(d) who needs the employee’s care and support, shall be entitled to use, in accordance with this subclause, any current or accrued sick leave entitlement, provided for at subclause 26.6 of clause 26, Full-Time and Part-Time Employees 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.

(b) The employee shall, 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.

(c) The entitlement to use sick leave in accordance with this subclause is subject to the employee being responsible for the care and support of the person concerned; and

(d) the person concerned being:

(i) a spouse of the employee; or

(ii) 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

(iii) 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

(iv) a same sex partner who lives with the employee as the de facto partner of that employee on a bona fide domestic basis; or

(v) a relative of the employee who is a member of the same household, where for the purposes of this paragraph:

1. "relative" means a person related by blood, marriage or affinity;

2. "affinity" means a relationship that one spouse because of marriage has to blood relatives of the other; and

3. "household" means a family group living in the same domestic dwelling.

(e) An employee shall, 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 shall notify the employer by telephone of such absence at the first opportunity on the first 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 shall 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 30, Settlement of Disputes, should be followed.

26.4.2 Unpaid Leave For Family Purposes

(a) 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 26.4.1(d) above who is ill or who requires care due to an unexpected emergency.

26.4.3 Annual Leave

(a) 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.

(b) Access to annual leave, as prescribed in paragraph (a) above, shall be exclusive of any shutdown period provided for elsewhere under this award.

(c) An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least five consecutive annual leave days are taken.

(d) An employee may elect with the employers agreement to take annual leave at any time within a period of 24 months from the date at which it falls due.

26.4.4 Time Off In Lieu Of Payment For Overtime

(a) The terms of Clause 14.1.14 shall apply except for "make-up" time provided for in subclause 26.4.5 hereof.

26.4.4A Personal Carers Entitlement for casual employees -

(1) Subject to the evidentiary and notice requirements in 26.4.1(b) and 26.4.1(e) 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 26.4.1(d) 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 shall 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.

26.4.5 Make Up Time

(a) 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 the award, at the ordinary rate of pay.

26.4.6 Grievance Process

(a) In the event of any dispute arising in connection with any part of this Clause, such dispute shall be processed in accordance with Clause 30.

26.5 Repatriation Leave

26.5.1 An employee, being a Returned Service person, shall be allowed as time worked, lost time incurred in attending Repatriation Centres for medical examinations and/or treatment.

26.5.2 Payment for lost time shall be limited to

(a) 8 hours on any one attendance

(b) 5 attendances per year

(c) total of 24 hours per year

26.5.3 The employer shall only pay the difference between ordinary wages rates for the time lost and any payment received from the Repatriation Department as a result of any such visit.

26.5.4 The employee must produce satisfactory evidence that he is required to and subsequently does attend a Repatriation Centre.

26.6 Sick Leave

26.6.1 After 3 months continuous service an employee becomes entitled to 76 hours sick leave or a proportional amount in the case of a part time employee.

26.6.2 At each subsequent anniversary of the employee’s commencement he shall become entitled to another 76 hours of sick leave or a proportional amount in the case of a part time employee.

26.6.3 Sick leave is fully accumulative until used.

26.6.4 Other than one single day absence per year, an employee must provide a doctors certificate if the employer so requires. For the single day absence each year a statutory declaration shall be sufficient.

26.6.5 When sick, the employee shall, as soon as possible, and in any case within 24 hours of the commencement of the absence, inform the employer of his inability to attend for duty, and, as far as possible, state the nature of the injury or illness and the estimated duration of the incapacity.

26.6.6 For the purpose of this Clause continuous service shall be deemed not to have been broken by:

(a) any absence from work on leave granted by the employer;

(b) any absence from work by reason of personal illness, injury or other reasonable cause (proof whereof shall in each case be upon the employee); provided that any time so lost shall not be taken into account in computing the qualifying period of three months.

26.7 Parental Leave

(1) Refer to the Industrial Relations Act 1996 (NSW). The following provisions shall 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 shall 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 3(a)(ii) and 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 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 shall 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 shall 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 shall also notify the employer of changes of address or other contact details which might affect the employer's capacity to comply with paragraph (a).

PART E
DISPUTE RESOLUTION

27. AUTHORISED STOPWORK MEETINGS

27.1 Full-time and part-time employees, together with those casual employees usually rostered on at the time and on the day on which an authorised meeting is held, who are members of the Union shall be allowed to attend two stopwork meetings per year, authorised by the Secretary and/or President of the Union, without loss of ordinary pay, for the purpose of discussing matters affecting the award, provided that the following conditions are observed:-

(a) At least fourteen days' notice of such meeting is given to the Registered Clubs Association of New South Wales, in addition to the customary distribution of circulars by the Union to its members;

(b) The period of the meeting shall be of not more than three hours duration including all necessary travelling time, and the employees rostered on shall return by noon on that day;

(c) Payment shall be made for the period that the full-time or part-time employee was rostered for duty, or, in the case of a casual employee for the time usually rostered on and the employee was in attendance at the meeting as set out above;

(d) Such stopwork meeting shall be held on a Monday, Tuesday, Wednesday or Thursday (the day as selected by the Union not being a Public Holiday under this award): However, when any such meeting is held on a Wednesday, those office employees usually and actually employed on that day in the making up of wages shall be exempt from attendance at the meeting while they are so engaged;

(e) Payment of wages shall be made only upon the employer being in receipt of satisfactory evidence of the employee's attendance at the meeting;

(f) In residential clubs the employer and the Union may agree on the composition of essential staff for security purposes with a maximum of two persons who may remain on duty during the meeting;

(g) Employees who are not members of the Union and who are rostered for work on the day and for the duration of the stopwork meeting of Union members, may be required to work as rostered;

(h) Where a club decides to trade during the time of a meeting and sufficient employees who are not members of the Union are not available, Union members who freely volunteer to work during the time of the meeting shall be entitled to attend a separate paid stopwork meeting in accordance with this Clause in the same week.

28. RIGHT OF ENTRY TO UNION OFFICIALS

See sections 297 & 298 of the Industrial Relations Act 1996.

29. GRIEVANCE PROCEDURE

(a) Procedures relating to grievances of individual employees -

(i) The employee shall notify the employer in writing, or otherwise, as to the substance of any grievance and request a meeting with the employer for bilateral discussions in order to settle the grievance. The employee may have another employee or the Union delegate present during these discussions.

(ii) If no remedy to the employee’s grievance is found, then the employee shall seek further discussions and attempt to resolve the grievance at a higher level of authority, where appropriate.

(iii) Reasonable time limits must be allowed for discussions at each level of authority.

(iv) At the conclusion of the discussions, the employer must provide a response to the employee’s grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy. At this stage if the employee’s grievance still exists, Clause 30 shall be invoked.

30. SETTLEMENT OF DISPUTES

30.1

30.1.1 In an effort to promote the growth and maintenance of good industrial relations between the Union, its members and employers in the Club Industry of New South Wales, the following procedures will be complied with.

30.1.2 Where a matter likely to affect industrial relations arises the Union and the Club affected must seek to resolve the problem by negotiation.

30.1.3 Such matters must initially be discussed between the club manager and/or his representative and the Union delegates at the club.

30.1.4 Should the matter not then be resolved it must be discussed between the club manager, the Union delegates and a Union official nominated by the Secretary and/ or President of the Union, together with such advisers as each party may require.

30.1.5 While this procedure is being followed the status quo will be maintained, that is the employer will not implement the matter which is the subject of the dispute and the employees will not take industrial action.

30.1.6 In a case of proposed change of roster, a request that the status quo be maintained must be made within 3 days after the change of roster is notified. Where such request is not made negotiations shall proceed in accordance with this procedure without the need to maintain the status quo.

30.1.7 Neither party will notify the Industrial Relations Commission of New South Wales until a final conference between the parties and their advisers determines that the matter is likely to cause an industrial dispute.

30.1.8 At this stage, should the matter not be resolved, each side is free to proceed as it may decide.

30.1.9 In the case of dismissal the employer shall, without prejudice to his final rights, ensure that an employee is subject to the accepted counselling procedure, has an opportunity to answer any allegations put to him and has the opportunity of being represented by a Union official in accordance with this procedure prior to dismissing the employee. The employer shall comply with this requirement by advising the employee that dismissal is being considered, that the employee has the right to be represented by a Union official and allowing sufficient time for a Union official to attend; provided that, where a Union official does not attend within 3 days from the advice of the employer to the employee, the employer may deal with the dismissal without a Union official being present.

30.1.10 Where an employer is considering dismissal he may suspend an employee from attendance at the workplace for the purpose of observing this procedure, in which case the employee shall receive the total wages that would have been payable according to the employee's roster had the employee not been suspended.

PART F
SUPERANNUATION

31. DEFINITIONS

31.1

31.1.1 In this Clause:

(a) "Club Plus" means

The Club Plus Superannuation Scheme established by trust deed dated 27 February, 1987.

(b) "Eligible Employee" means:

Any employee employed under the terms and provisions of the Club Employees (State) Award

(c) "Employed in the Club Industry" means:

Employed to work in a club where such employment is governed by the terms of the Club Employees (State) Award.

(d) "Ordinary Time Earnings" means:

(i) in the case of a full time weekly employee, the weekly rate for the classification, together with penalty payments for ordinary hours including Saturday and Sunday rates and Voluntary Enterprise Agreements where appropriate.

Payments incurred for working Public Holidays and overtime worked are not included in such calculations.

(ii) In the case of a part time employee the number of ordinary hours (excluding overtime) worked in a week multiplied by the Monday to Friday hourly rate including the part-time loading for the employee (where applicable).

(iii) In the case of a casual employee the number of ordinary hours worked in each week (excluding overtime hours) multiplied by the Monday to Friday hourly rate including the appropriate casual loading for the classification of the employee. Pro rata annual leave loading is excluded.

(e) "Trustee" shall mean:

Club Plus Pty Limited or such other trustee of Club Plus as may be appointed from time to time.

(f) "Union" means:

The Australian Liquor, Hospitality & Miscellaneous Workers Union, Liquor & Hospitality Division, New South Wales Branch.

32. ENROLMENT

32.1

32.1.1 Subject to the provisions of section 124 of the Industrial Relations Act 1996 each employer shall

(a) enter into a formal agreement with the Trustee acknowledging itself to be bound by the Club Plus trust deed; and

(b) take all necessary steps to ensure that each of his eligible employees becomes a member of Club Plus.

32.1.2 Each eligible employee shall join Club Plus.

33. CONTRIBUTIONS

33.1

33.1.1 Each employer shall pay to the Trustee in respect of each eligible employee an amount equal to three per centum of the employee's ordinary time earnings.

34. REMITTING PAYMENTS

34.1 Each employer shall remit to the Trustee of the fund all payments due in respect of his employees immediately at the conclusion of each calendar month or at such other times and in such other manner as may be agreed in writing between the Trustee and the employer. Where such agreement cannot be reached the matter shall be referred to the NSW Industrial Commission for determination.

35. RECORDS

35.1

35.1.1 The employer shall retain all records relating to the calculation of payments due to Club Plus in respect of each employee and such records shall be retained for a period of six years. They shall be available for inspection by:

(a) the officials of the Union;

(b) representatives of the Trustee.

36. TIME AND WAGES RECORDS

36.1

36.1.1 In addition to the information that each employee is required by Clause 5, Time and Wages Records, to enter on his time and wages book or sheets and/or bundy clock he shall enter his membership number of CLUB PLUS.

37. CASUAL EMPLOYEES

37.1

37.1.1 Casual employees - For the purposes of ensuring that a casual employee who is not an eligible employee may prove his/her service in the industry each employer shall, if requested by a casual employee, provide him/her with a written statement setting out the dates of his her employment with the employer.

38. UNPAID CONTRIBUTIONS

38.1

38.1.1 Should an employer fail to sign the Deed of Adherence as prescribed by clause 32.1.1 and further fail to make the payments prescribed by clause 33 of this clause the sum of three per cent of ordinary time earnings shall become due to each employee, provided always that:

(a) this clause shall cease to apply if the employer subsequently complies with the said provisions of clause 32.1.1 and clause 33 of this clause by making the payments due during the period of non compliance.

(b) Nothing in this clause shall relieve the employer of his/her obligation under clause 32.1.1.

39. EXEMPTIONS

39.1

39.1.1 Where an employer is incapable of complying with this award on the grounds of extreme incapacity to pay as set out in the wage fixing principles adopted by the Industrial Relations Commission of New South Wales he/she may apply to the said Commission for exemption from this award while ever the incapacity exists, provided that:

(a) he/she shall comply with this award until the matter is determined by the Commission;

(b) such compliance shall be without prejudice to the outcome of the application.

PART G
TRAINING

40. PRESCRIBED STANDARD OF TRAINING

40.1

40.1.1 "Prescribed Standard of Training" means:

(a) Satisfactory completion of a training course deemed suitable according to guidelines issued through Tourism Training Australia for that particular classification and accredited by the Australian Hospitality Review Panel; or

(b) That the employee's skills have been assessed to be at least the equivalent of those attained through the suitable course described in (a) , such assessment to be undertaken by a skills assessor qualified under the ACCESS system.

41. INDUSTRY TRAINING CONTRACT

41.1

41.1.1 This contract is entered into by the Union and the RCA to recognise the benefits of training for the industry.

41.1.2 The parties commitment to training means that all employees (Board members, management and wages employees) should have the opportunity to upgrade their skills. Therefore employees should have reasonable access to relevant training and/or training facilities.

41.1.3 Where it is agreed in a Club, consultative mechanisms shall be established involving employer and employee representatives to discuss the efficient implementation of training programs within the club.

41.2 Employer Contributions

41.2.1 Where an employee is requested by the employer to undertake a specific training course, it is to be expected that the employer should contribute to the cost of the training including arranging training during normal working hours where practicable, contributing towards course fees and materials, arranging assessment, etc.

41.2.2 Where appropriate, clubs will seek to have employees qualified as Workplace Assessors and/or to otherwise provide reasonable facilities for assessment during working hours.

41.2.3 Employers shall ensure that access to assessment and/or training will be conducted on an equitable basis.

41.2.4 This shall not prevent an employee being denied such benefits where this is a result of reasonable disciplinary action.

41.3 Employee Contributions

41.3.1 As employees will benefit from training through access to higher pay levels, greater marketability, and increased job satisfaction, it is also expected that employees should contribute to the cost of training.

41.3.2 Where an employee has been requested by the employer to undertake training, this should include travelling to training in the employee's time where necessary; in cases where training cannot be arranged during the usual rostered hours accepting payment for training time occurring outside the usual rostered hours at ordinary time; or agreeing to alter rosters and work flexible hours in accordance with the award to allow training to occur during rostered hours but not so as to reduce an employees’ earnings for the usual working time.

41.3.3 The RCA will organise Workplace and Industry Assessor training courses immediately this contract is entered into, with the aim that sufficient assessors will be available within 18 months to allow all employees within the industry to have reasonable access to assessment.

41.3.4 The parties shall establish a Committee of Review to be chaired by an agreed independent party to monitor the progress of implementation of this Training Contract and of the new classification structure. Disagreements over aspects of the new structure may also be referred to the Committee.

42. TRAINING - GENERAL

42.1 General

42.1.1 Where an employee is requested by the employer to undertake a specific training course, then the following conditions shall apply: -

(a) Where it is required for an employee to travel to or from training outside of ordinary working hours, such travelling shall be deemed to be non-working time.

(b) Where training cannot be arranged during the employee's usual rostered hours, then the employee shall not be entitled to receive in excess of the employee's ordinary (single time) hourly rate for the period of training.

(c) An employee shall not unreasonably refuse to agree to alter rosters or to work flexible hours in accordance with the award to allow training to occur during rostered hours but not so as to reduce the employee's earnings for usual working time.

42.2 Apprentices

42.2.1 Apprentices attending college for training shall be entitled to fares to and from home to college.

42.2.2 The fees for attending college shall be paid by the employer at the beginning of the college year.

43. TRAINING WAGES

43.1 Application

43.1.1 This Clause shall apply to persons who are undertaking a traineeship (as defined).

43.1.2 The terms and conditions of this award shall apply, except where inconsistent with this Clause.

43.1.3 This Clause does not apply to the apprenticeship system.

43.2 Objective

43.2.1 The objective of this award is to assist with the establishment of a system of traineeships which provide approved training in conjunction with employment in order to enhance the skill levels and future employment prospects of trainees, particularly young people, and the long-term unemployed. The system is neither designed nor intended for those who are already trained and job ready. Existing full-time, part-time and casual employees shall not be displaced from employment by trainees.

43.3 Definitions

43.3.1 "Approved Training" means training undertaken (both on or off the job) in a traineeship and shall involve formal instruction, both theoretical and practical, and supervised practice in accordance with a traineeship scheme approved by the Department of Employment and Training (DET). The training will be accredited and lead to qualifications as set out in subclause 43.4.5.

43.3.2 "Relevant Union" means the Australian Liquor, Hospitality and Miscellaneous Workers Union, Liquor and Hospitality Division, New South Wales Branch.

43.3.3 "Trainee" means an employee who is bound by a traineeship agreement made in accordance with this Clause.

43.3.4 "Traineeship" means a system of training which has been approved by DET.

43.3.5 "Traineeship Agreement" means an agreement made subject to the terms of this part between an employer and the trainee for a traineeship and which is registered with DET, or under the provisions of the appropriate State legislation. A traineeship agreement shall be made in accordance with the relevant approved traineeship scheme and shall not operate unless this condition is met.

43.3.6 "Traineeship Scheme" means an approved traineeship applicable to a group or class of employees or to an industry or sector of an industry or an enterprise. A traineeship scheme shall not be given approval unless consultation and negotiation with the relevant Union(s) upon the terms of the proposed traineeship scheme and the traineeship have occurred. An application for approval of a traineeship scheme shall identify the relevant Union(s).

43.3.7 "Parties to a Traineeship Scheme" means the employer organisation and/or the employer and the relevant Union involved in the consultation and negotiation required for the approval of a traineeship scheme.

43.3.8 "DET" means the New South Wales Department of Employment and Training.

43.3.9 "Appropriate State Legislation" means the Industrial and Commercial Training Act 1989, or any successor legislation.

43.4 Training Conditions

43.4.1 The trainee shall attend an approved training course or training program prescribed in the traineeship agreement or as notified to the trainee by DET in accredited and relevant traineeship schemes.

43.4.2 A traineeship shall not commence until the relevant traineeship agreement, made in accordance with a traineeship scheme, has been signed by the employer and the trainee and lodged for registration with DET, provided that if the traineeship agreement is not in a standard format, a traineeship shall not commence until the traineeship agreement has been registered with DET. The employer shall ensure that the trainee is permitted to attend the training course or program provided for in the traineeship agreement and shall ensure that the trainee receives the appropriate on-the-job training.

43.4.3 The employer shall provide a level of supervision in accordance with the traineeship agreement during the traineeship period.

43.4.4 The employer agrees that the overall training program will be monitored by officers of the nominated New Apprenticeship Centre (NAC) and training records or work books may be utilised as part of this monitoring process. Like access to training records and work books shall be given to Union officials.

43.4.5 Training shall be directed at:

(a) the achievement of key competencies required for successful participation in the workplace, where these have not been achieved (e.g., literacy, numeracy, problem solving, team work, using technology), and as are proposed to be included in the Australian Vocational Certificate Level 1 qualification.

This could be achieved through foundation competencies which are part of endorsed competencies for an industry or enterprise; and/or

(b) the achievement of competencies required for successful participation in an industry or enterprise (where there are endorsed national standards, these will define these competencies), as are proposed to be included in the Australian Vocational Certificate Level 2 qualification or above.

43.5 Employment Conditions

43.5.1 A trainee shall be engaged as a full-time employee for a maximum of one year's duration, provided that a trainee shall be subject to a satisfactory probation period of up to one month, which may be reduced at the discretion of the employer. By agreement in writing, and with the consent of DET, the relevant employer and the trainee may vary the duration of the traineeship and the extent of approved training, provided that any agreement to vary is in accordance with the relevant traineeship scheme.

43.5.2 An employer shall not terminate the employment of a trainee in contravention of subclause 30.1.9, Settlement of Disputes, and without firstly having provided written notice of termination to the trainee concerned and DET in accordance with the traineeship agreement or the Industrial and Commercial Training Act 1989.

43.5.3 The trainee will be permitted to be absent from work without loss of continuity of employment and/or wages to attend the training in accordance with the traineeship agreement.

43.5.4 Where the employment of a trainee by an employer is continued after the completion of the traineeship period, such traineeship period shall be counted as service for the purposes of any relevant award or any other legislative entitlements.

43.5.5 The traineeship agreement may:

(a) Restrict the circumstances under which the trainee may work overtime and shift work in order to ensure the training program is successfully completed.

(b) No trainee shall work overtime or shift work on their own unless consistent with the provisions of this award.

(c) No trainee shall work shift work unless the parties to a traineeship scheme agree that such shift work makes satisfactory provision for approved training. Such training may be applied over a cycle in excess of a week, but must average over the relevant period not less than the amount of training required for non-shift-work trainees.

(d) The trainee wages shall be the basis for the calculation of overtime and/or shift penalty rates prescribed by the relevant award, unless otherwise agreed upon by the parties to a traineeship scheme.

43.5.6 All other terms and conditions of this award are applicable to the trainee, or would be applicable to the trainee but for this Clause, shall apply unless specifically varied by this Clause.

43.5.7 A trainee who fails to either complete the traineeship or who cannot for any reason be placed in full-time employment with the employer on successful completion of the traineeship, shall not be entitled to any severance payments.

43.6 Wages

43.6.1 The weekly wages payable to trainees are as provided in Tables 3 and 4 of Part J of this award.

(a) These wage rates will only apply to trainees while they are undertaking an approved traineeship, which includes approved training as defined in this Clause.

(b) The wage rates prescribed by this Clause do not apply to the complete trade level training, which is covered by the apprenticeship system.

43.6.2 Clause 43.7 sets out the industry/skill level of an approved traineeship. The industry/skill levels contained in Clause 43.7 are, prima facie, the appropriate levels but are not determinative of the actual skill levels (i.e., Skill Levels A or B) that may be contained in a traineeship scheme. The determination of the appropriate skill level for the purpose of determining the appropriate wage rate shall be made by DET, based on the following criteria:

(a) any agreement of the parties;

(b) the nature of the industry;

(c) the total training plan;

(d) recognition that training can be undertaken in stages;

(e) the exit skill level in the award contemplated by the traineeship.

In the event that the parties disagree with such determination, it shall be open to any party to the award to seek to have the matters in dispute determined by the Industrial Relations Commission of New South Wales.

43.6.3 For the purposes of Tables 3 and 4 "out of school" shall refer only to periods out of school beyond Year 10, and shall be deemed to:

(a) include any period of schooling beyond Year 10 which was not part of, nor contributed to, a completed year of schooling;

(b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10; and

(c) not include any period during a calendar year in which a year of schooling is completed.

43.6.4 At the conclusion of the traineeship, and if the employment of the trainee continues, this Clause ceases to apply to the employment of the trainee.

43.7 Industry/Skill Levels

Industry/Skill Level A

Office Clerical

Commonwealth Public Sector Clerical

Local Government Clerical

Finance, Property and Business Services

Industry/Skill Level B

Wholesale and Retail

Recreation and Personal Services

Transport and Storage

Manufacturing

PART H
GENERAL

44. GENERAL CONDITIONS

44.1

44.1.1 An employer shall provide for non resident employees a separate dressing room, each for male and female employees, adequately lighted and ventilated, with suitable floor covering and floor space, to be sufficiently roomy to accommodate all employees likely to use it at one time, sufficient seating accommodation, and a lounge settee and steel or vermin proof lockers, a wash basin with hot and cold water, and toilets for ‘staff use only’.

44.1.2 Where employees are not permitted to use the dining room facilities of the club, the employer shall provide reasonable facilities for use by the employees.

44.1.3 The provisions of subclause 44.1.1 of this clause shall not apply to a club where not more than two weekly or part time employees are regularly employed.

45. OTHER CONDITIONS

45.1

45.1.1 Protective Clothing

Where it is necessary that waterproof or other protective clothing such as waterproof boots, aprons, or gloves be worn by an employee such clothing shall be supplied without cost to the employee and shall remain the property of the employer.

45.1.2 Travelling Facilities

Where an employee, who does not have his own form of transport, is detained at work beyond their normal rostered hours so that it is too late for the employee to travel by bus, train or other means of public transport to his usual place of residence, the employer shall provide and pay for the proper conveyance of the employee to his usual place of residence.

45.1.3 First Aid Kit

A medical first-aid kit shall be readily accessible to all employees. The kit is to be supplied and maintained by the employer and shall be of the standard required by the relevant NSW Occupational Health and Safety (First Aid Regulation).

45A. DEDUCTION OF UNION MEMBERSHIP FEES

(i) The employer shall deduct Union membership fees (not including fines or levies) from the pay of any employee, provided that:

(a) the employee has authorised the employer to make such deductions in accordance with subclause (ii) herein;

(b) the Union shall advise the employer of the amount to be deducted for each pay period applying at the employer's workplace and any changes to that amount;

(c) deduction of union membership fees shall only occur in each pay period in which payment has or is to be made to an employee; and

(d) there shall be no requirement to make deductions for casual employees with less than two months' service (continuous or otherwise).

(ii) The employee's authorisation shall be in writing and shall authorise the deduction of an amount of Union fees (including any variation in that fee effected in accordance with the Union rules) that the Union advises the employer to deduct. Where the employee passes any such written authorisation to the Union, the Union shall not pass the written authorisation on to the employer without first obtaining the employee's consent to do so. Such consent may form part of the written authorisation.

(iii) Monies so deducted from employees' pay shall be remitted to the Union on either a weekly, fortnightly, monthly or quarterly basis at the employer's election, together with all necessary information to enable the reconciliation and crediting of subscriptions to employees' membership accounts, provided that:

(a) where the employer has elected to remit on a weekly or fortnightly basis, the employer shall be entitled to retain up to five per cent of the monies deducted; and

(b) where the employer has elected to remit on a monthly or quarterly basis, the employer shall be entitled to retain up to 2.5 per cent of the monies deducted.

(iv) Where an employee has already authorised the deduction of Union membership fees in writing from his or her pay prior to this clause taking effect, nothing in this clause shall be read as requiring the employee to make a fresh authorisation in order for such deductions to commence or continue.

(v) The Union shall advise the employer of any change to the amount of membership fees made under its rules, provided that this does not occur more than once in any calendar year. Such advice shall be in the form of a schedule of fees to be deducted specifying either weekly, fortnightly, monthly, or quarterly as the case may be. The Union shall give the employer a minimum of two months' notice of any such change.

(vi) An employee may at any time revoke in writing an authorisation to the employer to make payroll deductions of Union membership fees.

(vii) Where an employee who is a member of the Union and who has authorised the employer to make payroll deductions of Union membership fees resigns his or her membership of the Union in accordance with the rules of the Union, the Union shall inform the employee in writing of the need to revoke the authorisation to the employer in order for payroll deductions of union membership fees to cease.

2. The above variations shall take effect:

(i) In the case of employers which currently deduct union membership fees, or whose payroll facilities are carried out by way of an outsourcing arrangement, or whose payroll calculations are made through the use of computerised means, from the beginning of the first pay period to commence on or after 1 February 2003.

(ii) In the case of employers who do not fall within subparagraph (i) above, but who currently make deductions, other than union membership fee deductions or mandatory deductions (such as for taxation instalments or superannuation contributions) from employees' pay, or have in place facilities to make such deductions, from the beginning of the first pay period to commence on or after 1 May 2003.

(iii) For all other employers, from the beginning of the first pay period to commence on or after 1 August 2003.

46. ANTI-DISCRIMINATION

46.1

46.1.1 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 and age.

46.1.2 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 effect. 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.

46.1.3 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.

46.1.4 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.

46.1.5 This Clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this Clause.

46.1.6 NOTES

(a) Employers and employees may also be subject to Commonwealth anti-discrimination legislation.

(b) Section 56(d) of the Anti-Discrimination Act 1977 provides:

"Nothing in the Act affects any other act or practice of a body established to propagate religion that conforms to the doctrines of that religion or is necessary to avoid injury to the religious susceptibilities of the adherents of that religion".

PART I
REDUNDANCY AND TECHNOLOGICAL CHANGE

47. APPLICATION

47.1

47.1.1 This Part shall apply in respect to full time and part time persons employed in the classifications specified by Clause 8, Classifications.

47.1.2 In respect to employers who employ 15 or more employees immediately prior to the termination of employment of employees, in the terms of Clause 50.

47.1.3 Notwithstanding anything contained elsewhere in this Part, this Part shall not apply to employees with less than one year’s continuous service and the general obligation on employers shall be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment.

47.1.4 Notwithstanding anything contained elsewhere in this Part, this Part shall not apply where employment is terminated as a consequence of conduct that justifies instant dismissal, including malingering, inefficiency or neglect of duty, or in the case of casual employees, apprentices or employees engaged for a specific period of time or for a specified task or tasks, or where employment is terminated due to the ordinary and customary turnover of labour.

48. INTRODUCTION OF CHANGE

48.1 Employer's Duty To Notify

48.1.1 Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the Union to which they belong.

48.1.2 "Significant effects" include termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required, the elimination or diminution of job opportunities, promotion opportunities or job tenure, the alteration of hours of work, the need for retraining or transfer of employees to other work or locations and the restructuring of jobs.

Provided that where this award makes provision for alteration, it shall be deemed not to have significant effect.

48.2 Employer's Duty To Discuss Change

48.2.1 The employer shall discuss with the employees affected and the Union to which they belong, inter alia, the introduction of the changes referred to in subclause 48.1 above, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees, and shall give prompt consideration to matters raised by the employees and/or the Union in relation to the changes.

48.2.2 The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in subclause 48.1 of this Clause.

48.2.3 For the purpose of such discussions, the employer shall provide to the employees concerned and the Union to which they belong all relevant information about the changes, including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

49. REDUNDANCY

49.1 Discussions Before Terminations

49.1.1 Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone pursuant to subclause 48.1.1, and that decision may lead to the termination of employment, the employer shall hold discussions with the employees directly affected and with the Union to which they belong.

49.1.2 The discussions shall take place as soon as is practicable after the employer has made a definite decision which will invoke the provision of subclause 49.1.1 and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any termination on the employees concerned.

49.1.3 For the purpose of the discussion the employer shall, as soon as practicable, provide to the employees concerned and the Union to which they belong all relevant information about the proposed terminations, including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which would adversely affect the employer.

50. TERMINATION OF EMPLOYMENT

50.1 Notice For Changes In Production, Programme, Organisation Or Structure

This subclause sets out the notice provisions to be applied to terminations by the employer for reasons arising from production, program, organisation or structure, in accordance with subclause 48.1.1.

50.1.1 In order to terminate the employment of an employee, the employer shall give to the employee the following notice:

50.1.2 In addition to the notice above, employees over 45 years of age at the time of the giving of the notice, with not less than two years' continuous service, shall be entitled to an additional week's notice.

50.1.3 Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof.

50.1.4 Unless and until the employer has complied with the requirements of Clause 48, Introduction of Change, and Clause 49, Redundancy, the status quo will be maintained; that is, the employer will not implement the redundancy or redundancies which is or are the subject of the dispute, and the employees will not take industrial action.

50.2 Notice For Technological Change

This subclause sets out the notice provisions to be applied to termination by the employer for reasons arising from technology in accordance with subclause 48.1.1 of this award:

50.2.1 In order to terminate the employment of an employee, the employer shall give to the employee three months' notice of termination.

50.2.2 Payment in lieu of the notice above shall be made if the appropriate notice period is not given. Provided that employment shall be terminated by part of the period of notice specified and part payment in lieu thereof.

50.2.3 The period of notice required by this subclause to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1955, the Annual Holidays Act 1944, or any Act amending or replacing either of these Acts.

50.3 Time Off During The Notice Period

50.3.1 During the period of notice of termination given by the employer, an employee shall be allowed up to one day's time off without loss of pay during each week of notice, to a maximum of five weeks, for the purpose of seeking other employment.

50.3.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent.

50.4 Employee Leaving During The Notice Period

If the employment of an employee is terminated (other than for misconduct) before the notice period expires, the employee shall be entitled to the same benefits and payments under this Clause to which the employee would have been entitled had the employee remained with the employer until the expiry of such notice. Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice.

50.5 Statement Of Employment

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of the employee's employment and the classification of or the type of work performed by the employee.

50.6 Notice To Commonwealth Employment Service

Where a decision has been made to terminate employees, the employer shall notify the Commonwealth Employment Service thereof as soon as possible, giving relevant information, including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out.

50.7 Department Of Social Security Employment Separation Certificate

The employer shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee an Employment Separation Certificate in the form required by the Department of Social Security.

50.8 Transfer To Lower-Paid Duties

Where an employee is transferred to lower-paid duties for reasons set out in subclause 48.1, the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated, and the employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary-time rate of pay and the new ordinary-time rates for the number of weeks of notice still owing.

51. SEVERANCE PAY

51.1 Where an employee is to be terminated pursuant to subclause 50, subject to further order of the Industrial Relations Commission of New South Wales, the employer shall pay the employee the following severance pay in respect of a continuous period of service.

51.1.1 If an employee is under 45 years of age, the employer shall pay in accordance with the following scale:

51.1.2 Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

51.1.3 "Week's pay" means the all-purpose rate for the employee concerned at the date of termination and shall include, in addition to the ordinary rate of pay, overaward payments, shift penalties and allowances paid pursuant to this award.

51.2 Incapacity To Pay

Subject to an application by the employer and further order of the Industrial Relations Commission of New South Wales, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 51.1 above.

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect of paying the amount of severance pay in subclause 51.1 of this Clause will have on the employer.

51.3 Alternative Employment

Subject to an application by the employer and further order of the Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 51.1 above if the employer obtains acceptable alternative employment for an employee.

PART J
MONETARY RATES

TABLE 1 - RATES OF PAY

(i) On and from 5 July 2005:

The rates of pay in this award include the adjustments payable under the State Wage Case 2005. These adjustments may be offset against:

(a) any equivalent overaward payments; and/or

(b) award wage increases since 29 May 1991, other than safety net, State Wage Case, and minimum rates adjustments.

(ii) Fitness Instructor - $35.84 per hour

Table 2 - Other Rates And Allowances

(i) On and from 8 February 2006:

Table 3 - Industry/Skill

Level A:

On and from 1 October 2005

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill level A:

*Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rates is 20 per cent.

Table 4 - Industry/Skill

Level B

On and from 1 October 2005

Where the accredited training course and work performed are for the purpose of generating skills which have been defined for work at industry/skill level B:

*Figures in brackets indicate the average proportion of time spent in approved training to which the associated wage rate is applicable. Where not specifically indicated, the average proportion of time spent in structured training which has been taken into account in setting the rates is 20 per cent.

PART K
APPENDICES

APPENDIX A

Training Requirements Under Award Restructuring

This Appendix shows how the Training Requirements for the classification structure under the Award are to be applied on an initial basis under the guidelines issued through Tourism Training Australia.

It is included as an Appendix for the information of employers and employees only and shall not otherwise be used in construing the meaning of the award.

The training requirements which follow are based on the new seven level classification structure plus an introductory level inserted into the award.

The suggested modules referred to at each level are those detailed in the "Hospitality Training Resources Manual" prepared by Tourism Training Australia. Hospitality Industry modules of an equivalent standard may be substituted within the guidelines issued through Tourism Training Australia. The letters in brackets following the modules refer to the module identification code they relate to in the training specifications.

I = Introductory

B = Basic

A = Advanced

S = Supervisory

In the kitchen area the letter in brackets for the higher levels are:-

CC = Common Core Curriculum for Apprenticeship

Modules with an (*) are those for which the materials have not yet been finalised. They are club specific modules which are yet to be approved.

As well as undertaking a formal training course approved by the Australian Hospitality Review Panel, training requirements can be met by current skills being formally assessed and recognised under the ACCESS program.

Introductory Level

Level I

Level II

(*) - if not already undertaken

Plus a choice of ONE of the following:-

Level III

Completion of an ATS Traineeship or previous modules plus one of the following options:

OPTION 'A'

plus TWO of the below:-

OR

OPTION 'B'

OR

OPTION 'C'

OR

OPTION 'D'

OR

OPTION 'E'

Level IV

OPTION 'A'

Completion of the previous modules from Club Employee Grade III (Options A or B) plus:-

Plus AT LEAST FOUR of the following modules:

OPTION 'B'

Previous modules for Club Employee Grade III (Option 'D') plus the following core curriculum subjects from Commercial Cookery:

OPTION 'C'

Previous modules for Club Employees Grade III (Option 'C') plus:-

OR

Completion of a one (1) year Full-time Secretarial Course or equivalent.

Level V

OPTION 'A'

Completion of previous modules for LEVEL IV (Option "A") plus:

Plus AT LEAST ONE of the following:

OPTION 'B'

Completion of a recognised Trade Apprenticeship OR a trade test or equivalent.

Level VI

OPTION 'A'

Completion of previous modules for LEVEL V (Option 'A') Plus;

OPTION 'B'

Post Trade Qualifications

M. SCHMIDT J.

Printed by the authority of the Industrial Registrar.

**end of text**