Racing Industry Ground Maintenance Award 2010

Racing Industry Ground Maintenance Award 2010

The above award was first made on 19 December 2008 [PR985124]

This consolidated version of the award includes variations made on 11 September 2009 [PR988384], 10 December 2009 [PR990539]; 15 December 2009 [PR990824]

NOTE: Transitional provisions may apply to certain clauses – see clause 2 and Schedule A

Table of Contents

[Varied by PR988384]

Part 1—Application and Operation 3

1. Title 3

2. Commencement and transitional 3

3. Definitions and interpretation 4

4. Coverage 5

5. Access to the award and the National Employment Standards 5

6. The National Employment Standards and this award 5

7. Award flexibility 5

Part 2—Consultation and Dispute Resolution 7

8. Consultation regarding major workplace change 7

9. Dispute resolution 7

Part 3—Types of Employment and Termination of Employment 8

10. Employment categories 8

11. Termination of employment 9

12. Redundancy 10

Part 4—Minimum Wages and Related Matters 11

13. Classifications 11

14. Minimum wages 14

15. Allowances 16

16. District allowances 18

17. Accident pay 18

18. Mixed functions 19

19. Payment of wages 19

20. Superannuation 19

Part 5—Hours of work and related matters 21

21. Ordinary hours of work and rostering 21

22. Breaks 21

23. Overtime and penalty rates 22

Part 6—Leave and Public Holidays 23

24. Annual leave 23

25. Personal/carer’s leave and compassionate leave 24

26. Community service leave 24

27. Public holidays 25

Schedule A—Transitional Provisions 26

Schedule B—Supported Wage System 30

Schedule C—School-Based Apprentices 31

Schedule D—National Training Wage 32

Part 1—Application and Operation

  1. Title

This award is the Racing Industry Ground Maintenance Award 2010.

2. Commencement and transitional

[Varied by PR988384]

2.1 This award commences on 1 January 2010.

[2.2–2.6 inserted by PR988384]

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

  • minimum wages and piecework rates
  • casual or part-time loadings
  • Saturday, Sunday, public holiday, evening or other penalties
  • shift allowances/penalties.

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, Fair Work Australia may make any order it considers appropriate to remedy the situation.

2.5 Fair Work Australia may review the transitional arrangements in this award and make a determination varying the award.

2.6 Fair Work Australia may review the transitional arrangements:

(a) on its own initiative; or

(b) on application by an employer, employee, organisation or outworker entity covered by the modern award; or

(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award; or

(d) in relation to outworker arrangements, on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

3.1 In this award, unless the contrary intention appears:

Act means the Workplace Relations Act 1996 (Cth)

Commission means the Australian Industrial Relations Commission or its successor

employee has the meaning in the Act

employee in charge of tractor plant means:

  • when two or more employees are employed at the plant at the one time the employee who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility; or
  • an employee who is invested with the superintendence and responsibility or who has to accept the superintendence and responsibility over one or more employees; or
  • when an employee is the only person of their class employed on the plant, the employee who does the general repair work of the plant in addition to the work of operating, but not when the employee merely assists a fitter or engineer to do such work

employer has the meaning in the Act

enterprise award has the meaning in the Act

leading hand means an employee who is required to supervise, direct or be in charge of another employee or employees

maintenance means:

  • the construction, ornamentation, presentation, formation, maintenance or keeping in order of grounds or enclosures used in conducting the racing industry; and
  • the laying out, planting, construction, cultivation, maintenance, keeping in order or removal of gardens (including ornamental features) and/or lawns and/or trees

NAPSA means notional agreement preserving a State award and has the meaning in the Act

NES means National Employment Standards

standard rate means the minimum weekly wage for the tradesperson classification in clause 14

3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.

4. Coverage

4.1 This industry award covers employers throughout Australia in the thoroughbred, harness, trotting and greyhound racing industries and their employees in the classifications in clause 13 of this award who are engaged in the maintenance of racing venues to the exclusion of any other modern award.

4.2 The award does not cover an employee excluded from award coverage by the Act.

4.3 The award does not cover an employer who is bound by an enterprise award with respect to an employee covered by the enterprise award.

4.4 Where an employer is covered by more than one award, an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and the employee are covered by an award with occupational coverage.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Award flexibility

7.1 Notwithstanding any other provision of this award, an employer and an individual employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the employer and the individual employee. The terms the employer and the individual employee may agree to vary the application of are those concerning:

(a) arrangements for when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances; and

(e) leave loading.

7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress.

7.3 The agreement between the employer and the individual employee must:

(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and

(b) not disadvantage the individual employee in relation to the individual employee’s terms and conditions of employment.

7.4 For the purposes of clause 7.3(b) the agreement will be taken not to disadvantage the individual employee in relation to the individual employee’s terms and conditions of employment if:

(a) the agreement does not result, on balance, in a reduction in the overall terms and conditions of employment of the individual employee under this award and any applicable agreement made under the Act, as those instruments applied as at the date the agreement commences to operate; and

(b) the agreement does not result in a reduction in the terms and conditions of employment of the individual employee under any other relevant laws of the Commonwealth or any relevant laws of a State or Territory.

7.5 The agreement between the employer and the individual employee must also:

(a) be in writing, name the parties to the agreement and be signed by the employer and the individual employee and, if the employee is under 18 years of age, the employee’s parent or guardian;

(b) state each term of this award that the employer and the individual employee have agreed to vary;

(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;

(d) detail how the agreement does not disadvantage the individual employee in relation to the individual employee’s terms and conditions of employment; and

(e) state the date the agreement commences to operate.

7.6 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.

7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.

7.8 The agreement may be terminated:

(a) by the employer or the individual employee giving four weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between the employer and the individual employee.

7.9 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

  1. Consultation regarding major workplace change

8.1 Employer to notify

(a) 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 must notify the employees who may be affected by the proposed changes and their representatives, if any.

(b) Significant effects include termination of employment, major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

8.2 Employer to discuss change

(a) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, 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 must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

(b) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1.

(c) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, 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 no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.

9. Dispute resolution

9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.

9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Commission.

9.3 The parties may agree on the process to be utilised by the Commission including mediation, conciliation and consent arbitration.

9.4 Where the matter in dispute remains unresolved, the Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.

Part 3—Types of Employment and Termination of Employment

  1. Employment categories

10.1 General

(a) Employees may be employed in one of the following categories:

(i) full-time;

(ii) part-time; or

(iii) casual.

(b) At the time of engagement an employer must inform each employee in writing of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.

10.2 Part-time employment

(a) A part-time employee:

(i) works less than full-time hours of 38 per week;

(ii) has predictable hours of work; and

(iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

(b) At the time of engagement the employer and the part-time employee must agree in writing on a regular pattern of work including the hours to be worked and the starting and finishing times on each day. Once fixed these hours can only be varied by mutual agreement.

(c) Any agreed variation to the regular pattern of work must be recorded in writing. An employer must roster a part-time employee for a minimum of three consecutive hours on any shift. All time worked in excess of the agreed hours is overtime and the employee must be paid in accordance with clause 23.

(d) An employee who does not meet the definition of a part-time employee and who is not a full-time employee must be paid as a casual employee in accordance with clause 10.3.

(e) A part-time employee must be paid 1/38th of the minimum weekly wage for the relevant classification in clause 14—Minimum wages per hour.

(f) Part-time employees must receive a minimum of eight full days off for each four week period.

10.3 Casual employees

(a) A casual employee is an employee engaged and paid as such.

(b) A casual employee must be paid 1/38th of the minimum weekly wage for the relevant classification in clause 14—Minimum wages per hour plus a loading of 25%.

(c) A casual employee engaged on night cleaning duties must be paid, in addition to the casual loading of 25% a shift allowance of 30% of the relevant minimum rate calculated hourly for all time worked.

The provisions of clause 21—Ordinary hours of work and rostering and clause 23—Overtime and penalty rates do not apply.

(d) The casual loading is instead of all paid leave including annual leave, sick leave, long service leave, and public holidays not worked.

(e) A casual employee is entitled to a minimum period of engagement of three hours.

11. Termination of employment

11.1 Notice of termination is provided for in the NES.

11.2 Notice of termination by an employee

The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

11.3 Job search entitlement

Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

  1. Redundancy

12.1 Redundancy pay is provided for in the NES.

12.2 Transfer to lower paid duties

Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the ordinary time rate of pay for the number of weeks of notice still owing.

12.3 Employee leaving during notice period

An employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.

12.4 Job search entitlement

(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of notice for the purpose of seeking other employment.

(b) If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.

(c) This entitlement applies instead of clause 11.3.

12.5 Transitional provisions

(a) Subject to clause 12.5(b), an employee whose employment is terminated by an employer is entitled to redundancy pay in accordance with the terms of a NAPSA:

(i) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under the Act had applied to the employee; and

(ii) that would have entitled the employee to redundancy pay in excess of the employee’s entitlement to redundancy pay, if any, under the NES.

(b) The employee’s entitlement to redundancy pay under the NAPSA is limited to the amount of redundancy pay which exceeds the employee’s entitlement to redundancy pay, if any, under the NES.

(c) This clause does not operate to diminish an employee’s entitlement to redundancy pay under any other instrument.

(d) This clause ceases to operate on 31 December 2014.

Part 4—Minimum Wages and Related Matters

  1. Classifications

13.1 Introductory level

An introductory level employee is an employee who enters the industry and who has not demonstrated the competency requirements of a maintenance and horticulture employee Level 1. An employee at this level will undergo training for up to three months before progressing to Level 1. Progression to Level 1 may be delayed for a further period of up to three months where it is agreed that further training is required.

13.2 Maintenance and Horticulture Employee Level 1

An employee at this level undertakes one or more of the following duties:

(a) works under direct supervision either individually or in a team environment;

(b) gardening duties including the planting and trimming of trees, sowing, planting and cutting of grass, and the watering of plants, gardens, trees, lawns, and displays;

(c) removes cuttings, rakes leaves, cleans/empties litter bins, cleans gutters/drains/culverts;

(d) performs routine maintenance of turf, synthetic, artificial and other play surfaces;

(e) track crossing attendant; and/or

(f) performs non-trade tasks incidental to their work.

13.3 Maintenance and Horticulture Employee Level 2

An employee at this level undertakes one or more of the following duties:

(a) operates, maintains and adjusts turf machinery under general supervision;

(b) cleans machinery and inspects machinery after each use under general supervision;

(c) applies fertilisers, fungicides, herbicides and insecticides under general supervision;

(d) gardening duties including the planting and trimming of trees, sowing, planting and cutting of grass, and the watering of plants, gardens, trees, lawns and displays;

(e) removes cuttings, rakes leaves, cleans/empties litter bins, cleans gutters/drains/culverts;

(f) performs routine maintenance of turf, synthetic, artificial and other play surfaces;

(g) track crossing attendant; and/or

(h) performs non-trade tasks incidental to their work.

13.4 Tradesperson

An employee at this level has completed trade or equivalent qualifications and undertakes one or more of the following duties (including non-trade tasks incidental to their work):

(a) operates, maintains and adjusts turf machinery as appropriate;

(b) cleans machinery and inspects machinery after each use, reporting any problems to a management employee;

(c) applies fertilisers, fungicides, herbicides and insecticides as directed by a management employee;

(d) prepares turf, synthetic, artificial and other surfaces for play;

(e) maintenance and repair of vehicles and/or motor engines;

(f) repair and minor renovation work involving carpentry and/or painting and/or welding;

(g) formation and maintenance of all gardens, lawns and greens; and/or

(h) the planting, maintenance and care of trees.

13.5 Trackwork and Pool Supervisor

An employee appointed to this level generally reports directly to either the Track Manager or Club Managers as appropriate and undertakes three or more of the following duties and other incidental tasks:

(a) supervising the use of the training facilities and maintaining accurate records of usage;

(b) immediately reporting to the track manager the following:

  • any person using the facility who is not a registered trainer;
  • horses believed not to be stabled at the club;
  • any person believed to be ‘breaking’ or ‘pretraining’ horses at the club without approval;
  • any serious breaches of the rules and regulations; or
  • any person who is not registered as a stable hand or track rider in charge of a horse or assisting a trainer;

(c) ensuring the observance of the training track rules and regulations, with particular emphasis on occupational health and safety and ensuring observance of safe practices by trainers and track riders, including the wearing of protective clothing;

(d) ensuring that any necessary repairs and maintenance are reported to the track manager for action so that all areas are maintained in safe and proper condition at all times;

(e) physically inspecting all training tracks prior to the commencement of all training, to ensure such tracks are safe for the conduct of daily training. This includes the grass track for grass gallops/jump outs. Ensuring that appropriate rails and other practices and procedures are in place when ‘reverse way of going’ is implemented; and/or

(f) keeping accurate daily records of the number of trainers and horses using the training facilities and providing accurate records of grass track usage to the track manager for invoicing of track fees to trainers.

13.6 Management Employee Level 1

An employee appointed to this level reports directly to either the Committee of Management or Management Employee Level 2 as appropriate and undertakes three or more of the following duties:

(a) responsible for supervision of all staff involved in daily course maintenance;

(b) responsible for the planning, scheduling and supervision of all aspects of turf maintenance;

(c) supervises and participates in the operation and maintenance of pumps, irrigation equipment and drainage systems;

(d) instructs operators in the safe and efficient operation of all equipment associated with turf maintenance;

(e) supervises the majority of chemical and fertiliser applications and undertakes the appropriate training of operators in this field;

(f) allocates specific daily duties having regard to the scheduled work program; or

(g) undertakes the duties of a Maintenance and Horticulture Employee Level 2 in their absence.

13.7 Management Employee Level 2

An employee appointed to this level reports directly to the Committee of Management and undertakes three or more of the following duties:

(a) responsible for the implementation of all major turf projects for the facility according to the Course Architect’s design;

(b) responsible for the development of an annual work program for all outdoor staff that incorporates both further development and continued maintenance;

(c) responsible for supervision of all outdoor staff;

(d) responsible for the operation and maintenance of all turf equipment;

(e) responsible for all occupational health and safety management in outdoor areas;

(f) responsible for purchasing within the limits imposed by the club policy and the definition of the budget; and/or

(g) responsible for ensuring that all administrative systems are complied with by the staff under their direction.

13.8 Apprenticeship

An apprentice is an employee who is engaged under a training contract registered by the relevant State or Territory training authority, where the qualification outcome specified in the training agreement is a relevant qualification from a Training Package endorsed by the National Training Quality Council, or successor organisation.

(a) For the purpose of this sub-clause a relevant qualification is a qualification:

(i) from a National Training Package that covers occupations or work which are covered by this award, or is a qualification from an enterprise Training Package listed in this award; and

(ii) at Australian Qualifications Framework Certificate Level III (or at Level IV where applicable).

(b) An apprentice will also include an employee who is engaged under a training agreement or contract of training for an apprenticeship declared or recognised by the relevant State or Territory Training authority.

14. Minimum wages

14.1 Juniors

Percentage of weekly wages for Maintenance Employee Level 1 as follows:


%
18 years of age and under
75
19 years of age and over
100

14.2 Apprentices

Apprentices must receive the following percentage of the minimum wage rate for the tradesperson classification:


%
1st year
47.5
2nd year
60
3rd year
75
4th year
95

14.3 Employees generally

Employees are entitled to the following minimum weekly wages for the classification in which they are employed:

Classification
Minimum wage

$
Introductory level
543.90
Maintenance and Horticultural Employee Level 1
567.60
Maintenance and Horticultural Employee Level 2
614.30
Tradesperson
637.60
Trackwork and Pool Supervisor
689.80
Management Employee Level 1
741.90
Management Employee Level 2
821.60

14.4 Supported wage system

[Sched A renumbered as Sched B by PR988384]

See Schedule B

14.5 School-based apprentices

[Sched B renumbered as Sched C by PR988384]

See Schedule C

14.6 National training wage

[Sched C renumbered as Sched D by PR988384]

See Schedule D

15. Allowances

15.1 Leading hands

(a) A leading hand (as defined) must be paid a weekly allowance as follows:

In charge of:

Fewer than three other employees
2% of the standard rate
Three but not more than six other employees
4% of the standard rate
More than six other employees
5% of the standard rate

(b) The provisions of this clause do not apply to employees classified as Management Employee Level 2.

(c) These allowances are in addition to any other wage specified for the employee.

15.2 Tractor plant

An employee in charge of tractor plant (as defined) will receive an additional weekly payment of 3% of the standard rate.

15.3 Tool allowance

(a) Tradespersons must be paid a weekly tool allowance for all purposes of the award in accordance with the following table:

Classification
$
Tradesperson (other than carpenter)
12.10
Carpenter
23.60

(b) These allowances do not apply where the employer provides all the tools reasonably required by the tradesperson to perform all the functions of the tradespersons employment.

(c) An employee provided with tools of the trade by the employer is not responsible for the loss of such tools where the loss is outside the control of the employee.

(d) An employee provided with tools of trade by the employer will replace all or any tools of trade lost due to the negligence of the employee.

15.4 Protective clothing and equipment

Where an employee is required to wear protective clothing (e.g. oilskins, gumboots, overalls, goggles, safety boots, bowling shoes, etc.), the employer must reimburse the employee for the cost of purchasing such special clothing and equipment. The provisions of this paragraph do not apply where the clothing and equipment is paid for by the employer.

15.5 Loss of clothing

The employer must reimburse up to a maximum of 95% of the standard rate for a single claim if an employee’s clothing is destroyed by fire in an employer’s changing house or other shelter, provided that such destruction is not caused in any way by the employee’s own wilful act or neglect.

15.6 Accommodation

Where an employee is required by the employer to live on the premises and is required to act as caretaker, the employee must be paid an allowance equal to the amount of the rental charged by the employer for the accommodation at the said premises.

15.7 Meal allowance

An employee who is required to work overtime for one and a half hours or more immediately after the completion of their ordinary hours of work on an ordinary working day or immediately after the completion of eight hours of work on a Saturday, Sunday or public holiday must be paid a meal allowance of $8.80.

15.8 First aid attendant

Any employee holding a first aid qualification from the St John Ambulance or a similar body and who is appointed by the employer to perform first aid duties must be paid an allowance of 2% of the standard rate.

15.9 Adjustment of expense related allowances

At the time of any adjustment to the standard rate, each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:

Allowance
Applicable Consumer Price Index figure
Meal allowance
Take away and fast foods sub-group
Tools allowance
Tools component of the household appliances, utensils and tools sub-group

16. District allowances

16.1 Northern Territory

An employee in the Northern Territory is entitled to payment of a district allowance in accordance with the terms of an award made under the Workplace Relations Act 1996 (Cth):

(a) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under that Act had applied to the employee; and

(b) that would have entitled the employee to payment of a district allowance.

16.2 Western Australia

An employee in Western Australia is entitled to payment of a district allowance in accordance with the terms of a NAPSA or an award made under the Workplace Relations Act 1996 (Cth):

(a) that would have applied to the employee immediately prior to 1 January 2010, if the employee had at that time been in their current circumstances of employment and no agreement made under that Act had applied to the employee; and

(b) that would have entitled the employee to payment of a district allowance.

16.3 This clause ceases to operate on 31 December 2014.

17. Accident pay

17.1 Subject to clause 17.2 an employee is entitled to accident pay in accordance with the terms of:

(a) a NAPSA that would have applied to the employee immediately prior to 1 January 2010 or an award made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, if the employee had at that time been in their current circumstances of employment and no agreement made under the Workplace Relations Act 1996 (Cth) had applied to the employee; and

(b) that would have entitled the employee to accident pay in excess of the employee’s entitlement to accident pay, if any, under any other instrument.

17.2 The employee’s entitlement to accident pay under the NAPSA or award is limited to the amount of accident pay which exceeds the employee’s entitlement to accident pay, if any, under any other instrument.

17.3 This clause does not operate to diminish an employee’s entitlement to accident pay under any other instrument.

17.4 This clause ceases to operate on 31 December 2014.

18. Mixed functions

18.1 An employee who is required to do work for which a higher rate is fixed than that provided for their ordinary duties will, if such work exceeds a total of four hours on any day, be paid for all work done on such day at the higher rate.

18.2 In all other cases the employee will be paid the higher rate for the actual time worked.

19. Payment of wages

19.1 Period of payment

Where it is agreed between an employer and an employee, wages may be paid on a weekly, fortnightly or monthly basis.

Wages will be paid no later than Thursday of the agreed pay period, unless the employer and the majority of employees agree to later payment.

19.2 Method of payment

Where it is agreed between an employer and an employee, wages may be paid by cash, cheque or into a nominated bank or financial institution account.

If payment is by cash or cheque, wages must be paid during ordinary working hours.

19.3 Late payment of wages

An employee not paid within the time required by clause 19.1 through circumstances beyond the reasonable control of the employer is entitled to a payment of $25 per day until the wages are paid.

20. Superannuation

[Varied by PR990539; PR990824]

20.1 Superannuation legislation

(a) Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund, any superannuation fund nominated in the award covering the employee applies.

(b) The rights and obligations in these clauses supplement those in superannuation legislation.

20.2 Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

20.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an employee may, in writing, authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 20.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’ written notice to their employer.

(c) The employer must pay the amount authorised under clauses 20.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 20.3(a) or (b) was made.

20.4 Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 20.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 20.2 and pay the amount authorised under clauses 20.3(a) or (b) to one of the following superannuation funds:

(a) AustralianSuper;

(b) HOSTPLUS;

(c) SunSuper;

[20.4(d) deleted by PR990824]

[20.4(e) varied by PR990539; renumbered as 20.4(d); substituted by PR990824]

(d) AMP Superannuation Savings Trust;

[New 20.4(f) inserted by PR990539; renumbered as 20.4(e) by PR990824]

(e) Asset Limited; or

[20.4(f) renumbered as 20.4(g) by PR990539; renumbered as 20.4(f) by PR990824]

(f) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund.

Part 5—Hours of work and related matters

  1. Ordinary hours of work and rostering

21.1 Ordinary working hours

(a) Except as provided elsewhere in this award the ordinary working hours will be 38 or an average of 38 hours per week over a four week period to be worked between 6.30 am and 6.30 pm.

(b) Ordinary hours are to be rostered on a maximum of five days per week with a maximum of 10 hours per day and two consecutive days off per week.

(c) Ordinary hours for track crossing attendants and other employees required to open the racecourse in preparation for early morning trackwork or for related duties are between 4.00 am and 4.00 pm.

(d) Ordinary hours may be extended to 11.00 pm where the employer conducts a greyhound or harness racing meeting which is open to the public.

(e) Ordinary hours may be worked on a Saturday or Sunday where the employer conducts an event which is open to the public.

(f) The commencing and finishing times of ordinary work when once fixed are not to be altered except by agreement or by the employer on 14 days notice.

21.2 Water restrictions

(a) Where an employer is subjected to water restriction, the employer may require any employee to perform their ordinary hours of work (or any such ordinary hours of work) at any time on any day other than a Saturday or a Sunday on the basis of 38 hours per week. The following rates will apply for such work:

(i) for work performed on Mondays to Fridays from 6.30 am to 6.30 pm—the appropriate minimum wage;

(ii) for work performed at all other times (other than on a Saturday or a Sunday)—the appropriate minimum wage plus a penalty of 50% calculated hourly.

(b) For the purpose of clause 21.2(a), water restriction means restriction or rationing in the use of water in accordance with orders or regulations approved by the relevant authority.

22. Breaks

22.1 Meal breaks

(a) A period of not less than 30 minutes, not later than five hours after commencing work, will be allowed for a meal break. Track crossing attendants required to commence work prior to 6.30 am must be given a 30 minute break for breakfast paid at ordinary time.

(b) An employee required to work through their normal meal break must be paid at the rate of 150% of the appropriate minimum wage calculated hourly until such time as they receive a meal break of the customary duration.

22.2 Tea breaks

(a) A tea break of 10 minutes’ duration, to be counted as time worked, will be allowed during the morning and afternoon periods of each working day to each individual employee at a time to be arranged by the employer.

(b) The afternoon tea break is not to be taken in any establishment where the majority of employees agrees to forego the break and cease normal work 10 minutes earlier each day.

22.3 Paid breaks

(a) An employee working overtime will be allowed a paid break of 20 minutes duration after each four hours of overtime worked if the employee continues work after such a break.

(b) Where the period of overtime is to be for more than one and a half hours an employee will be allowed a paid meal break of 20 minutes after ordinary hours before starting overtime. This break will be paid for at the appropriate minimum wage calculated hourly.

(c) An employer and employee may agree to any variation of the provisions of clause 22.3 to meet the circumstances of the work in hand provided that the employer will not be required to make payment in respect of any time allowed in excess of 20 minutes.

23. Overtime and penalty rates

23.1 Overtime

(a) All time worked in excess of 38 hours a week or outside the spread of hours set out in clause 21.1 of this award or in excess of 10 hours per day will be paid for at the rate of 150% of the appropriate minimum wage calculated hourly for the first two hours and 200% after the first two hours.

(b) Except as provided in clause 23.2, in computing overtime each day’s work will stand alone.

23.2 Rest period after overtime duty

(a) Overtime will be arranged so that employees have at least 10 consecutive hours off duty between the work of successive days.

(b) Where an employee (other than a casual employee) works so much overtime that there is less than 10 hours between finishing overtime from one day and the commencement of their ordinary work on the next day, the employee will be released, subject to clause 23.2(c) until they have had at least 10 consecutive hours off without loss of pay for ordinary working time occurring during such absence.

(c) If, on the instructions of the employer, such an employee resumes work or continues work without having had such 10 consecutive hours off duty they must be paid at 200% of the appropriate minimum wage until the employee is released from duty for such period and the employee can then be absent until they have had 10 consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

23.3 Transport after overtime work

When an employee, after having worked overtime, finishes work at a time when reasonable means of transport are not available the employer will provide the employee with transportation to their home.

23.4 Penalty rates

(a) Morning work

Ordinary time worked by track crossing attendants prior to 6:30 am attracts a penalty of 25% of the appropriate minimum wage calculated hourly

(b) Evening work

Ordinary time worked between 6.00 pm and 11.00 pm by employees at a greyhound or harness racing meeting attracts a penalty of 15% of the appropriate minimum wage calculated hourly.

(c) Saturday work

Ordinary time worked on Saturday where the employer conducts an event which is open to the public attracts a penalty of 25% of the appropriate minimum wage calculated hourly.

(d) Sunday work

(i) Ordinary time worked on a Sunday where the employer conducts an event which is open to the public attracts a penalty of 75% of the appropriate minimum wage calculated hourly.

(ii) All time other than ordinary time worked on Sunday must be paid for at the rate of 200% of the appropriate minimum wage.

(e) Public holidays

For all time worked on a public holiday an employee must be paid 250% of the appropriate minimum wage calculated hourly.

Part 6—Leave and Public Holidays

  1. Annual leave

24.1 Annual leave is provided for in the NES. Annual leave does not apply to casual employees.

24.2 By agreement between an employer and an employee a period of annual leave may be taken in advance of the entitlement accruing. Provided that if leave is taken in advance and the employment terminates before the entitlement has accrued the employer may make a corresponding deduction from any money due to the employee on termination.

(a) Where an employer intends temporarily to close (or reduce to nucleus) the place of employment or a section of it for the purpose, amongst others, of allowing annual leave to the employees concerned or a majority of them, the employer may give those employees one month’s notice in writing of an intention to apply the provisions of this clause. In the case of any employee engaged after notice has been given, notice must be given to that employee on the date of their engagement.

(b) Any employee who has accrued annual leave at the date of closing must:

  • be given annual leave commencing from the date of closing; and
  • be paid one twelfth of their ordinary pay for any period of employment between accrual of the employee’s right to the annual leave and the date of closing.

(c) Any employee who has no accrued annual leave at the date of closing must:

  • be given leave without pay as from the date of closing; and
  • be paid for any public holiday during such leave for which the employee is entitled to payment.

24.3 Annual leave is to be taken within 18 months of the entitlement accruing. For the purpose of ensuring accrued annual leave is taken within that period, and in the absence of agreement as provided for in the NES, an employer may require an employee to take a period of annual leave from a particular date provided the employee is given at least 28 days notice.

24.4 Before the start of the employee’s annual leave the employer must pay the employee:

(a) instead of the base rate of pay referred to in the NES, the amount the employee would have earned for working their normal hours, exclusive of overtime, had they not been on leave; and

(b) an additional loading of 17.5% of the minimum rate prescribed in clause 14.

25. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

26. Community service leave

Community service leave is provided for in the NES.

27. Public holidays

27.1 Public holidays are provided for in the NES.

27.2 Substitution of public holidays by agreement

By agreement between the employer and the majority of employees in an enterprise another day may be substituted for a day provided for in the NES.

Schedule A

—Transitional Provisions

[Sched A inserted by PR988384]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

A.1.2 The provisions of this schedule are to be applied when there is a difference, in money or percentage terms, between a provision in a transitional minimum wage instrument (including the transitional default casual loading) or an award-based transitional instrument on the one hand and an equivalent provision in a modern award on the other.

A.2 Minimum wages – existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a) was obliged,

(b) but for the operation of an agreement-based transitional instrument would have been obliged, or

(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

(a) a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;

(b) a piecework rate; and

(c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

First full pay period on or after

1 July 2010
80%
1 July 2011
60%
1 July 2012
40%
1 July 2013
20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages – existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a) was obliged,

(b) but for the operation of an agreement-based transitional instrument would have been obliged, or

(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

(a) a minimum wage for a junior employee, an employee to whom training arrangements apply and an employee with a disability;

(b) a piecework rate; and

(c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

First full pay period on or after

1 July 2010
80%
1 July 2011
60%
1 July 2012
40%
1 July 2013
20%

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

For the purposes of this schedule loading or penalty means a:

  • casual or part-time loading;
  • Saturday, Sunday, public holiday, evening or other penalty;
  • shift allowance/penalty.

A.5 Loadings and penalty rates – existing loading or penalty rate lower

A.5.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a) was obliged,

(b) but for the operation of an agreement-based transitional instrument would have been obliged, or

(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by the terms of the transitional default casual loading or an award-based transitional instrument to pay a particular loading or penalty lower than that in this award for any classification of employee.

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the transitional default casual loading or the loading or penalty in the relevant award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

First full pay period on or after

1 July 2010
80%
1 July 2011
60%
1 July 2012
40%
1 July 2013
20%

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates – existing loading or penalty rate higher

A.6.1 The following transitional arrangements apply to an employer which, immediately prior to 1 January 2010:

(a) was obliged,

(b) but for the operation of an agreement-based transitional instrument would have been obliged, or

(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by the terms of an award-based transitional instrument to pay a particular loading or penalty higher than that in this award for any classification of employee.

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant award-based transitional instrument.

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

First full pay period on or after

1 July 2010
80%
1 July 2011
60%
1 July 2012
40%
1 July 2013
20%

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates – no existing loading or penalty rate

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty:

First full pay period on or after

1 July 2010
20%
1 July 2011
40%
1 July 2012
60%
1 July 2013
80%

These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B

—Supported Wage System

[Sched A renumbered as Sched B by PR988384]

Schedule C

—School-Based Apprentices

[Sched B renumbered as Sched C by PR988384]

Schedule D

—National Training Wage

[Sched C renumbered as Sched D by PR988384]

About this document
(1)
Code:
MA000014
Title:
Racing Industry Ground Maintenance Award 2010
Effective:
20 Sep 2019
Instrument Type:
Modern Award
(37)
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
Racing Industry Ground Maintenance Award 2010
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(1)
2 Sep 2016
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1.0.11.0 SD