Individual Employment

Agreement

Employee Name:

This Individual Employment Agreement is made under Section 65 of

The Employment Relations Act 2000

Between(“The Employee”)

ANDNORTHEASTVALLEY BOWLING CLUB (Inc)(“The Employer”)

The Agreement will commence on 1 May 2006

SPIRIT OF THE CONTRACT

The parties to this contract will act towards each other in good faith in all matters that are relevant to the contract.

CONSULTATION

The parties acknowledge that their interests are mutually dependent. They have committed to promoting harmony and ensuring that consultation and co-operation are the bases for the relationship between them.

UNDERLYING PRINCIPLES

The Club is a non profit making incorporated society. This existence of this position is reliant upon the ability of the club to afford to maintain it.

CONTRACT TERM AND REVIEW PROVISIONS

This contract shall commence on ( 1 May 2006) and subject to the terms and conditions contained within is for an indefinite duration. The terms may be reviewed at any time during its currency and changed by mutual agreement.

ANNUAL SALARY

Remuneration payable to the employee is at the rate of $xxxxx p.a. paid fortnightly by automatic payment to the employee’s nominated Bank account plus 2 lump sum payments of $xxxxxx each paid on 20 June and 20 December each year.

VEHICLE ALLOWANCE

An allowance of $xx per week ($xxxxx p.a.) will be paid to cover the vehicle running expenses of the employee.

DUTIES

A list of duties required to be carried out is attached.

  1. Salary Payments

1.Your salary is paid fortnightly in arrears in the manner agreed

2.Your fortnightly salary will be calculated by dividing your Salary by 26

3.The employer shall be entitled to make a rateable adjustment to your fortnightly salary when you are absent from duty without the consent of the Employer notwithstanding other provisions in this Agreement. Any adjustment to salary payable for a fortnight subsequent to that in which the absence occurred, will comply with the provisions of the Wages Protection Act 1983.

4Within one month of the anniversary of this contract the Green Supervisor is to meet with the Employee for the purpose of reviewing the employee’s performance against the schedule of duties. The Green Superintendent is to then report to the next executive meeting with any recommendations

  1. Hours of Work

1.Your hours of work/attendance at the Club are to be flexible as required to satisfy the requirements of your position as per the description of duties.

  1. Work / Life Balance

1.The employer is committed to ensuring that employees are able to balance their work and personal lives satisfactorily.

2.The employer expects that employees will be able to meet the requirements of their role within their usual daily and weekly hours of work without the need to work additional hours on a regular basis.

3.The employer will monitor workloads to ensure that regular and/or excessive additional hours of work are not required.

  1. Conduct

1.You are required to comply with:

  • All reasonable and lawful instructions given to you by the Green Supervisor or Club President
  • All work rules and procedures which have been or may be in place for the Club’s employees
  • The Club’s Health and Safety Policies and Procedures .

2.You are required to faithfully and diligently carry out all duties reasonably assigned to you by the Club to the best of your ability.

  1. Health and Safety
  1. The employer is committed to promoting the health and safety of all its employees. The employer recognises that the health of employees is an important factor in a productive and efficient workplace and that the promotion of good health and safety practices is preferable to dealing with illness and accidents. Accordingly, the employer undertakes to take all practicable steps to provide and maintain a safe work environment, and to comply with the Health and Safety in Employment Act 1992, and all other relevant legislation.
  1. As the Greenkeeper/Administration manager your co-operation and involvement is an essential part of the Club’s health and safety strategy.
  1. As an employee, you also have individual duties and obligations under the Health and Safety in Employment Act 1992. In particular you are required to take all practicable steps to ensure your own safety while at work, and that you do not act or omit to act, in any manner that may cause harm to any other person. To ensure compliance with the legislation you are required to be aware of, and comply with all the Club’s health and safety policies and procedures.

4. Accidents and Accident Leave

All work related accidents must be promptly reported.

If you have an accident and require a period of convalescence, you will continue to receive your standard fortnightly pay, subject to the availability of leave for a maximum period of three months. This includes any payments made by ACC.

The type of leave available will depend on the nature of the accident:

  • If it is a work-related accident, special leave on pay will be granted
  • If it is a non-work related accident, sick leave with or without pay will be granted

5Meet the requirements under the Hazardous Substance statutory requirements.

In the case of a new employee it is a condition of continued employment that the appropriate certification to fully administer application, control and security of hazardous substances is obtained and applied within six months of the commencement of the contract.

  1. Public Holidays
  1. Public holidays will be allowed in accordance with the Holidays Act 2003.

The recognised holidays are:

  • Christmas Day
  • Boxing Day
  • New Years Day
  • The second day of January (or some other day in its place)
  • Waitangi Day
  • Good Friday
  • Easter Monday
  • Anzac Day
  • The anniversary of the reigning Sovereign
  • Labour Day
  • Anniversary Day (or some other day in its place)
  1. For all authorised work performed on a public holiday you will be paid at the rate of time and a half for each hour worked.

3No work is to be performed on a public holiday unless it is specifically authorised by the Green Supervisor or in their absence the President. If after reasonable efforts have been made to contact both of these people then authorisation must be obtained from any member of the Club’s Executive.

An exception this would be an emergency in the nature of a flood or burglary.

  1. If you are authorised to work on a public holiday which would otherwise be a working day, you will be granted an alternative day’s holiday to be taken at a later time.
  1. Annual Leave

1.You shall be entitled to annual leave as set out in the Holidays Act 2003.

2.Annual leave should be taken within twelve months of falling due, but a limited amount of leave may be accumulated until a later date for a specified purpose, by agreement with the Green Supervisor Such agreement must be recorded in writing.

4.Where you have taken holiday leave in advance of entitlements, you will be required to refund to the Club any portion of the holiday pay to which you are not entitled, in the event of resignation or termination of employment.

  1. Parental Leave
  1. Parental Leave shall be granted in accordance with any Club policy and the terms of the Parental Leave and Employment Protection Act 1987.
  1. Family Leave
  1. Where you or your partner gives birth to, or adopts a child, under the age of 5, you are entitled to take 3 days paid Family Leave within 3 weeks prior to or following the birth or adoption. In addition you are entitled to take a further 7 days as unpaid leave.
  1. Your entitlement to Family Leave is in addition to your entitlements under the Parental Leave and Employment Protection Act 1987.
  1. Where you elect to take Family Leave while you are already on Parental Leave, your Parental Leave will be extended accordingly.
  1. Flexible Sick Leave

1.Where you are absent due to your illness or non work injury you will continue to receive your normal remuneration, subject to the terms and conditions listed below:

  1. You are required to advise the Green Supervisor as soon as practicable on the first day of absence.
  1. In cases of absence for three or more days, you will be required to present a medical certificate to support your application for sick leave. The Club may agree to waive this requirement.
  1. In cases of long or frequent periods of sick leave the Club will review whether the leave is paid or unpaid.
  1. In conducting such a review the Club shall consult with you and take into account any representations you may make.
  1. In certain circumstances, to obtain a second opinion, the Club may, at its expense, require you to undergo a medical examination by a medical practitioner, specialist or other member of the medical profession nominated by the Club after consultation with you.
  1. Domestic Leave
  1. Where your partner or a dependent is ill, or where it is essential for you to be absent from work due to pressing family or personal needs, you may take up to three days paid domestic leave per leave year. Domestic Leave is non-cumulative and is granted at The Green Supervisor’s discretion.
  1. Bereavement Leave
  1. In each year you are entitled to up to three days paid Bereavement Leave on the death of a spouse or partner, parent or guardian, parent-in-law, brother, sister, child, grandparent or grandchild.
  1. If you require more than 3 days Bereavement Leave, additional paid or unpaid leave may be granted at the discretion of the Green Supervisor.
  1. In addition to the above, and in accordance with the Holidays Act 2003, you will be granted Bereavement Leave of up to one day upon the death of a person with whom you have had a close association.
  1. Leave Entitlements
  1. The leave entitlements provided above are inclusive of the leave entitlements contained in the Holidays Act 2003.
  1. If you want further information regarding the Holidays Act 2003, then you should discuss this with the Labour Department.
  1. Reimbursement of Expenses
  1. You will be reimbursed for approved receipted business expenses, including any travel expenses, incurred in the course of your employment.
  1. Clearance is to be obtained from the Green Supervisor if there is any doubt about eligibility for reimbursement of expenses.
  1. Redundancy

1.There is no provision for redundancy compensation.

2.Notice

If your position becomes superfluous to the needs of the Club you will receive a minimum of three months written notice of termination of your employment.

3.Leave Without Pay

If you are on Parental Leave, or other leave of absence, and you have previously been advised that a position will be held open, and:

  • You have advised the Club in writing that you wish to return to work at the conclusion of that leave and the provisions of this clause O will apply.
  1. Termination of Employment

1.Subject to 2(ii) below, “date of termination of employment” shall mean the last day that you are required by the Club to attend the workplace and perform the Services under this Agreement, and this date shall not be extended by any payment in lieu of notice, or by any period of unused leave.

2.Both the Club and employee shall give at least 3 months notice of termination of employment or such lesser period as may be mutually agreed.

The Club on receiving your notice may at its discretion:

  1. Elect to make a payment in lieu of notice, in which case termination will be deemed to have occurred summarily, and the termination date will be your last day at work or,
  1. Require you to remain in its employ for the duration of the notice period. In these circumstances you may not be required to attend the work place, and your normal pay will continue until the expiry of the notice period or,
  1. Require you to undertake such duties directly or indirectly related to your position, as the employer may think fit.
  1. Where the employer elects to make a payment in lieu of notice, such payment shall be at the rate of your remuneration as specified in this contract This rate of payment shall also apply to any unused annual leave or public holidays to which you have become entitled at the date of termination. The provision of all packaged benefits shall cease on the date of termination of employment, and the cash equivalent of the benefits as determined by the Club will be paid for the balance of the notice period.
  1. Nothing in this clause shall in any way affect the right of the employer to terminate your employment for serious misconduct or any breach of this Agreement other than non-performance. Such cases shall be handled in accordance with the employer’s usual policies and procedures, using the principles of natural justice.

5Termination for Incapacity

If as a result of mental or physical illness, you are incapable of carrying out your employment duties and obligations, the Club may terminate your employment. In such an event you would be given reasonable notice.

Before and termination for incapacity decision is made, you would be requested to undergo a medical examination by a registered medical practitioner nominated by the club, at the Club’s expense, to obtain an independent medical report for the Club. As far as practicable, the Club would take your wishes into account your wishes regarding a preferred medical practitioner.

  1. Resolving an Employment Relationship Problem
  1. Where you consider an employment relationship problem (ERP) exists between you and the Club the procedure set out below is to be followed. Examples of ERPs include:
  • A breach of an employment agreement term
  • A dispute over the interpretation, application or operation or an employment agreement
  • A personal grievance (discrimination, sexual harassment, unjustified dismissal)
  • Arrears of wages
  • Determination of employment status
  1. An ERP should be raised with the Club, via the Green Supervisor, as soon as possible. If you are not comfortable raising the problem with the Green Supervisor directly then you should raise it with the President or Club Captain. Notification should be in writing and should include the specific nature of your problem and what you want done about it.
  1. Where the ERP relates to a personal grievance you must ensure you notify the Green Supervisor within 20 days of the action which caused the grievance so as to enable the grievance to be remedied as rapidly as possible. Failure to notify the Green Supervisor of your grievance within 20 days will mean the Club is not obliged to consider your grievance, unless one of the stated exceptions apply.
  1. Once you have raised an ERP, the Green Supervisor, or a delegated representative, will meet with you for the purpose of discussing and attempting to resolve your problem/grievance. You can elect to bring a representative to this meeting.
  1. If the ERP is not able to be resolved informally between you and the Club then either party may seek assistance from the mediation services provided by the Department of Labour.
  1. If following assistance from the Department of Labour the matter is still unable to be resolved either party may apply to the Employment Relations Authority for the matter to be heard and decided.
  1. Review of Agreement
  1. You can request a review of the terms of this Agreement at any time. Any change will be by mutual agreement, recorded in writing and attached as a Schedule to this Agreement.
  1. Severability
  1. Should any part or portion of this Agreement be held invalid, the remainder of the Agreement shall continue in full force and effect as if the invalid provision had been deleted, provided however that the parties to this Agreement may negotiate a valid and enforceable provision in replacement of the invalid provision.
  1. Completeness

1.The parties agree that this Agreement supersedes all prior agreements that the Club may have entered into with the Employee.

2.Schedule A and other Schedules to this Agreement shall be deemed to be part of the Agreement and applicable to the employee.

Signed by the parties on the ______Day of ______2006

______

For and on behalf of North East Valley Bowling Club (Inc)

______

The Employee:

Schedule A

GREEN KEEPING AND ADMINISTRATION SERVICES

LIST OF DUTIES

PROMOTIONAL

  • Promote the Club and the sport of Lawn Bowls at all times
  • Take a lead role in major tournaments as directed by the President
  • Receive entries to Tournaments whilst at the Club.
  • Present monthly reports to the Club Executive on promotional activities.
  • Liase and maintain good relationships with the Club’s neighbours
  • Liase with sponsors and source funding applications to the financial benefit of the club

GREENKEEPING (To be supervised by the Green Supervisor)

  • Cut and roll the greens as required by the Green Supervisor
  • Care for and nurture the playing surfaces. This will include applying such treatments as the Green Supervisor may direct.
  • Arrange rink layouts, direction of play and opening and closing either green to promote even use of the greens.
  • Maintain the ditches, banks and surrounds of the greens in a neat and tidy condition. This includes tidying shelters, ashtrays and litter bins.
  • Maintain in good order and condition the greens equipment and plant of the Club.
  • Maintain in a clean and tidy condition the tool shed and other buildings.
  • Undertake the autumn greens renovation programme as directed by the Green Supervisor.
  • Maintain a diary of all work carried out on the greens.
  • For all play, determine direction and set out of rinks. Set out rink pegs for play.
  • Where possible attend meetings of the Greenkeeper’s Association on a monthly basis.
  • Maintain the lawns and surrounds of the Tennis Club.

SECRETARIAL:

  • At least three times weekly clear the Club’s mailbox and sort the mail and accounts.
  • Deal with routine correspondence.
  • Sort invoices (matching with delivery dockets where appropriate) and statements of account.
  • Receive and arrange hall bookings
  • Maintain a Club diary of events and bookings available to Club members in the Club lounge.
  • Attend monthly meetings of the Club Executive.
  • Maintain the Register of Club members and produce updated member contact lists.
  • Receive member’s subscriptions and issue receipts.
  • Prepare agendas and correspondence schedules for monthly Executive meetings.
  • Co-ordinate preparation of the Annual Report
  • Meet the statutory and Gaming Trust requirements for the operation of gaming machines on the club premises

HALL OPERATIONS: