Bowls New Zealand Greenkeeping Association Incorporated

APPENDIX 1

BOWLS NEW ZEALAND GREENKEEPING ASSOCIATION INCORPORATED

MODEL CONTRACT

BETWEEN:

………………………… BOWLING CLUB INCORPORATED

AND

FULL TIME PERMANENT GREENKEEPER

GENERAL CONDITIONS

1.Conditions of employment are governed by the attached conditions of contract.

2.I agree that we Are required I will observe all safety precautions and procedures including

the wearing of protective clothing and equipment.

3.I agree that in the event of the termination of my employment with the ………………….….BOWLING CLUB (INC.) to the deduction of my final pay for the value of any unreturned protective clothing and/or equipment and/or other debt owing to the said club what so ever it

may be.

WAGES

4.Rate of ordinary pay $……….. per hour with a minimum of $ ………… per week.

PERIOD OF CONTRACT

5. This contract is to commence on the 1st day of July …. and expires on the 30th day of June ….. .

DECLARATION

I …………………………. Declare that I have read and understand the conditions of employment

detailed above and on the attached conditions of contract and accept them fully.

Signed ………………….Date ……………….

(employee)

Signed ………………….Date ……………….

(Employer)

Enclosed:Conditions of contract (5 pages)

CONDITIONS OF CONTRACT

1. HOURS OF WORK

(a) An ordinary weeks work shall be spread over five and one half days (5 ½) a week. Monday morning day till noon Saturday. The ordinary hours of work shall not exceed forty (40) hours per week or eight hours per day.

(b) A morning and afternoon tea break of ten (10) minutes shall be allowed to the worker without deduction from wages.

2. OVERTIME

(a) All time worked in excess of the forty (40) hours in clause 1, shall be deemed to be overtime and paid for at the rate of time and a half (1 ½). Weekly wages shall be paid by individual arrangement.

(b) All work done on Sundays, or after noon on Saturdays, shall be paid for at time and a half (1 ½) time rate. When a worker is called upon to work overtime on Saturdays, Sundays, or holidays, he/she shall receive not less than three (3) hours at overtime rates.

3. TIMESHEETS

A time sheet showing the daily ordinary and overtime hours worked by the employee shall be kept. The employee shall sign the time sheet at the conclusion of the week’s work.

4. PAYMENT OF WAGES

(a) All wages (less taxable amount) shall be paid weekly in cash or by any other mutually acceptable method on the job during working hours on a regular pay day, not later than Thursday, except in the event of any holidays enumerated in subclause (a) of Clause 7 of this contract being observed on a Friday in which case wages shall be paid not later than the preceding Wednesday.

(b) The employee shall be entitled to receive an itemised statement of his wage payment.

(c) No reduction in respect of time lost by the employee shall be made from the wages payable to him except for time lost by reason of the default of the worker or by of his/her illness (except as provided in clause 10 of this contract) or of any accident suffered by him/her.

5. GENERAL PROVISIONS

(a) The employee shall supply one pair of protective footwear and wet weather clothing to the worker required to work in wet weather, such articles to remain the property of the employer.

(b) When applying pesticides (herbicides, insecticides, or fungicides) the worker shall be supplied with such protective clothing and equipment as recommended by the Department of Health. All pesticides will be applied with due regard to the safety of club members and neighbouring properties.

(c) First aid emergency equipment as deemed necessary by the Inspector shall be kept by the employer in a convenient and accessible situation.

(d) On request the worker shall be supplied with two (2) pairs of overalls per annum and one (1) pair (gum) boots as required. Such items shall remain the property of the employee.

(e) The employer shall supply free of charge tea, coffee, milk, and sugar for rest and meal intervals
6. DUTIES OF THE GREENKEEPER

The greenkeeper is responsible for:

(a) Overall management of the Club’s green, maintaining them in good condition in accordance with accepted principles of good green management.

(b) Preparing the greens for play as necessary under the club’s playing programme, dependent on climatic conditions.

(c) Maintenance of all club machinery, including oil changes, greasing etc.

(d) Requesting volunteer assistance from Club members when required through the greens Superintendent.

(e) Maintaining a log of green maintenance and renovations in line with the programme laid down by the greens committee.

The greenkeeper may:

(a) Purchase small items (necessary to fulfil the maintenance programme) to a maximum of $ ………..

(b) Not purchase items costing in excess of $ ………. Without the prior approval of the club Treasurer or in his/her absence of the Club Chairperson.

7. HOLIDAYS

(a) The following holidays shall be allowed without deduction from wages: New Year’s Day, 2nd of January or a day in lieu thereof as mutually agreed, Anniversary Day, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the birthday of the reigning Sovereign, Labour Day, Christmas Day, and Boxing Day. In the event the worker is required to work on any of the foraging holidays, he shall be paid for at time and a half (1 ½) rates for the whole day(s) or part day(s).

(b) The provisions of the holiday Act 1981 shall be deemed to be incorporated in this contract.

(c) Subject to the provisions of subclause 7(a) of this contract, time worked on any holiday specified in the said subclause shall be paid for at time and a half (1 ½) time rates with a minimum payment of three (3) hours in addition to the weekly wage.

8. ANNUAL HOLIDAYS

(a) Except as otherwise provided, the worker shall at the end of each year of his employment by the employer become entitled to an annual holiday of four weeks paid on the basis of the workers average weekly taxable earnings as defined in the Holidays Act 1981, in recognition of the spread of the ordinary hours and the period in which the holiday shall be taken.

Such holidays shall be taken during the period from 1st of May to 30th of September or at a time mutually arranged between the employer and the worker.

(b) Upon completion of seven (7) years’ current continuous service with the employer, the worker shall, in the eighth and subsequent years, be entitled to an annual holiday of five (5) weeks instead of four (4) weeks paid as prescribed in subclause (a) of this point clause. The fifth week’s holiday may be taken in conjunction with or separately from the first four (4) weeks as the employer may decide.

9. SPECIAL HOLIDAYS FOR LONG SERVICE

The worker shall be entitled to a special holiday as follows:

One special holiday of two (2) weeks after the completion of fifteen (15) years and before the completion of twenty five (25) years of current continuous service with the employer.

10. SICK PAY

(a) (i) After six (6) months’ current continuous service with the employer the worker shall be entitled in each subsequent year of service to sick pay for up to ten (10) days calculated at the rate of his ordinary pay. Provided that the employer may, at his discretion, grant sick leave to a worker who may not have completed six (6) months’ current continuous service.

(ii) Sick pay shall accumulate up to a maximum of 40 days by carrying forward from one year to another

any unused sick pay of up to thirty five (35) days.

(b) Sick pay shall not be paid in respect of any statutory or award holiday for which the worker is entitled full pay.

(c) Sick pay for a day shall be calculated according to the number of working days for which the worker’s ordinary weekly pay is paid.

(d) The worker shall ensure that wherever practicable notice is given to the employer on the first day of absence due to illness.

(e) The employer shall have the right to require the worker to produce additionally a medical certificate at the employers expense from a doctor nominated by the employer.

(f) The worker on receiving compensation from the Accident Compensation Corporation may elect to take one (1) day’s sick leave entitlement for each complete week for which compensation is paid.

(g) Where the worker has an unused sick leave entitlement on producing a medical certificate, leave on ordinary pay of up to five (5) days per year shall be granted to a married employee or solo parent who finds it essential to stay home in an emergency in the event of the illness of the spouse or child. Such leave shall be treated as though it was due to the employee’s own sickness and shall be taken subject to the following conditions:

(i) Leave shall be offset against the employee’s sick leave entitlement.

(ii) The worker shall ensure that notice is given to the employer on the first day off absence.

11. BEREAVEMENT LEAVE

In the event of the death in New Zealand of an immediate member of the family of the worker covered by this contract, and subject to satisfactory proof, the employer shall grant up to three (3) days bereavement leave. The worker shall be paid at his/her ordinary rate of pay for the period of his/her leave. For the purpose of this clause and “immediate member of the family” means parent, spouse, child, brother, sister, grandparent, grandchild, and parent-in-law.

12.JURY SERVICE

When the worker is required to perform jury service the difference if any between the gross weekly pay from the employer and his/her jury service remuneration shall be made up by the employer.

13. AUTHORITY

The Greenkeeper will take instructions from the Green Supervisor or such appointed person and the Executive of the Employer will take steps to prevent any undue interference.

14. PERSONAL GRIEVENCE/DISPUTE SETTLEMENT

(a) The Greenkeeper will have the right of access to the Executive Committee of the employer should any dispute arise.

(b) In the event that settlement under subclause (a) is not made the matter shall be placed before the Employment Tribunal for the mediation and, if required, subsequent Tribunal arbitration.

15. DISMISSAL

The Greenkeeper shall not be dismissed without the approval of the executive committee.

16. AGENT

The Greenkeeper is not the Agent of the Employer in respect of the purchases of materials or repairs to machinery etc. Any such purchases shall be made upon the employers’ official order book from and signed by the Green Supervisor or any member of the Executive Committee.

17. TERMINATION

The employer or the worker shall give one (1) month’s notice in writing of their intention to terminate this contract.

APPENDIX 2

BOWLS NEW ZEALAND GREENKEEPING ASSOCIATION INCORPORATED

MODEL CONTRACT

CONTRACTOR

MEMORANDUM OF AGREEMENT made on the ……..………………………..…………day of July

BETWEEN the BOWLING CLUB (INC.) (hereinafter called “the Club”)

of the one part

AND of

Contractor

(hereinafter called “the Contractor”) of the other part.

WHEREAS the Contractor has agreed to undertake the care and maintenance of the playing area and the area surrounding the playing area including the trimming and maintenance of the hedges and the gardens of the Club’s Bowling Greens for the period and upon and subject to the terms and conditions hereinafter appearing:

THE AGREEMENT as follows:

1. In consideration of the sum …………. Dollars per annum to be paid in twenty six (26) equal amounts each two week period by the Club to the Contractor, the Contractor shall for a period of …. (….) year ending the …… day of July 19…. work as required between the days of Monday to Friday inclusive and on such Saturdays and Sundays as may from time to time be required with the tools plant and materials provided or to be provided by the Club and at the proper times of the years for so doing, execute and carry out in a substantial and workmanlike manner to the reasonable satisfaction of the Convenor of the Greens Committee (sometimes called “the Greens Superintendent”) or in his absence his properly appointed deputy (hereinafter referred to as “the Convenor of the Greens Committee”) of the Club to care and to maintain the area surrounding the playing area including the trimming and maintenance of the hedges and the gardens and to maintain the playing area and ditches in a proper state of cultivation, management, repair, order and condition in accordance with approved methods of greenkeeping husbandry and management so as to keep the same in good heart, order and condition and in particular shall:

(a) Cut, roll, apply pesticides as per label instructions and by recognised safety methods,topdress, fertilise, water and otherwise tend to the playing surface of the greens at reasonable times and shall also keep greens free from stones and other obstructions, noxious weeds, rolled level and in proper conditions as required.

(b) Keep the ditches surrounding the greens level and free from obstruction and free from the growth of weeds, grass, clumps, etc.; and as of ten as shall be necessary or as required by the Match Committee mark out the rinks for play.

(c) Undertake the custody of the mowing machines, roller and other equipment, implements and tools and materials provided by the club for the work involved and maintain the same in proper working order and condition.

(d) Keep for the Club a “Works Diary” daily listing therein such relevant data as may be required, as to pesticides, fertilisers, topdressing(s) applied and the weather conditions pertaining at the time of application, for future reference and for inspection by the Greens Superintendent at regular intervals.

(e) Confer with the Greens Superintendent on the conditions of the greens at the beginning of each week and ascertain the use of the greens for that period.

2. It is hereby expressly agreed and declared that the relation between the club and the contractor is that of occupier and independent contractor and not as that of master and servant. The Club does hereby acknowledge that the Club shall not have any right to control over the Contractor as to the time occupied by him in execution of his work or as to the manner of such execution, provided the work is done to the reasonable satisfaction of the Convenor of the Greens Committee.

3. That no individual member of the Club has the right to instruct the Contractor. The Contractor is subject only under the terms of this Agreement to the Convenor of the Greens Committee appointed by the Club. Should there be any breach of this by a Club member, necessary disciplinary action will be taken by the committee.

4. THE club shall supply labour in the form of working bee, or hire extra labour on all major renovations. (Autumn grooving, topdressing and levelling, etc.)

5. IF the club requires and instructs the Contractor to provide services on any occasion outside the terms stated this shall be arranged with the Contractor as addition to the contract.

6. IT IS hereby agreed that the Contractor shall be responsible to arrange for an assistant, to whom the Contractor shall delegate such duties as may be necessary to maintain the greens to the satisfaction of the Convenor of the Greens Committee during any absence of the Contractor and that the Contractor shall be responsible for the payment, if any, to the assistant for the time so worked.

7. THIS agreement is revocable by either the Contractor or the Club in writing on one calendar month’s notice being given to that effect by either party

IN WITNESS WHEREOF these presents have been executed the day and first hereinbefore written.

THE COMMON SEAL of )

BOWLING CLUB (INC) )

was hereto affixed by and in )

the presence of: )

…………………………….

…………………………….

…………………………….

SIGNED by the above named)

)

in the presence of:)

…………………………

…………………………