WA Sports Centre Trust Enterprise Agreement 2000

WA Sports Centre Trust Enterprise Agreement 2000

No. PSGAG 6 of 2000

1. - TITLE

This Agreement shall be known as the “WA Sports Centre Trust Enterprise Agreement 2000” and replaces the WA Sports Centre Trust Enterprise Agreement 1998.

At the time of registration this Agreement covers 40 Employees.

2. - ARRANGEMENT

1.Title

2.Arrangement

3.Vision

4.Mission

5.Aim of Agreement

6.Parties to Agreement

7.Relationship to Parent Awards

8.Duration Renewal and Continuation of Agreement

9.No Further Claims

10.Single Bargaining Unit

11.Dispute Settlement Procedures

12.Copies of the Agreement

13.Performance and Reward System - Staged Salary Payments

14.Contract of Employment

15.Redeployment and Redundancy

16.Salary and Associated Payments

17.Flexible Working Arrangements and Hours of Work

18.Overtime and Shift Loading

19.Public Holidays

20.Annual Leave

21.Long Service Leave

22.Parental Leave

23.Personal/Carers Leave

24.Bereavement Leave

25.Leave Without Pay

26.Jury Service and Witness Leave

27.Other Leave

1. Effects of Periods of Leave on Entitlements
2. Signatories of the Parties to the Agreement

Appendix 1 - Salary Rates

Appendix 2 - Application of Key Performance Indicators

Appendix 3 - Motor Vehicle Allowance

Appendix 4 - Travel Allowance

3. - VISION

The WA Sports Centre Trust has a vision for the organisation.

Our facilities to be recognised as Australia’s premier sport, recreation and entertainment venues.

Progress towards this vision is dependent upon our employees’ commitment to excellence.

4. - MISSION

This Agreement recognises the WA Sports Centre Trust (“the Trust”) Mission:

To manage and promote major state owned sporting, recreation and entertainment facilities for the benefit of all West Australians by delivering excellence in venue presentation, customer service and financial management.

5. - AIM OF AGREEMENT

(1)The aim of this Agreement is:

(a)To introduce continuous improvement initiatives and to establish and support customer oriented attitudes and behaviour leading to:

(i)Customer satisfaction

(ii)Optimal usage of all facilities, and

(iii)Generation of an optimal commercial return

(b)To provide employment terms and conditions that attract and retain employees and enhance their opportunities to advance through the Trust.

(2)This will be achieved by meeting the following objectives:

(a)To establish a whole of organisation focus for the Trust.

(b)To facilitate all venues operating as world class facilities at world class standards.

(c)To provide a focus for continuous improvements; in particular, customer service and ongoing productivity improvements.

(d)To provide opportunities for all employees to develop careers.

(e)To provide recognition of employee performance based on meeting overall Trust objectives.

(f)To optimise revenue and profit levels at Trust, venue, and departmental or business unit level.

(3)The Trust’s success is dependent upon:

(a)Development of an integrated, skilled and efficient work force through training and where appropriate the opportunity to work across the various venues of the Trust.

(b)Continuous improvements to operational and work force flexibility to support services provided 364 days of the year.

(c)Employees recognition that they are responsible for productive and efficient operation and standards of customer service.

(d)Employee participation in an effective performance and reward system which links the individual to achievement of Trust goals providing for staged salary increases during the life of this Agreement.

(e)Recognition of all employees’ contribution to excellence in overall Trust financial performance through arrangements which provide for employees to share in the benefits when Trust financial performance exceeds targets set.

6. - PARTIES TO AGREEMENT

The WA Sports Centre Trust Enterprise Agreement 2000 is binding upon:

(1)The Western Australian Sports Centre Trust (“the Trust”);

(2)Civil Service Association of Western Australia Incorporated (“CSA”);

(3)Media, Entertainment and Arts Alliance of Western Australia (Union of Employees) (“MEAA”);

(4)Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch (“ALHMWU”).

7. - RELATIONSHIP TO PARENT AWARDS

While it is in force, this Agreement overrides the Theatrical Employees Entertainment Sporting and Amusement Facilities (Western Australian Government) Award 1987 and the Restaurant, Tearoom and Catering Workers Award, 1979 so far as these awards apply to employees of the Trust.

For employees who are eligible to be members of the CSA only, the Government Officers Salaries and Allowances Award 1989 (GOSAC) shall be read in conjunction with this Agreement. In the case of any inconsistencies with that Award, this Agreement shall have precedence to the extent of any inconsistencies and where this Agreement is silent the Award shall apply.

8. - DURATION RENEWAL AND CONTINUATION OF AGREEMENT

(1)This Agreement shall apply from the date of registration for a term of two years.

(2)This Agreement shall apply to employees of the Trust, eligible for membership of the CSA, MEAA andALHMWU.

(3)No later than six months prior to expiry of this Agreement, the parties are to meet to develop and register a new agreement.

(4)Upon expiration of this Agreement, the provisions of this Agreement shall continue to apply until replaced by a new Agreement.

9. - NO FURTHER CLAIMS

(1)It is a condition of this Agreement that there shall be no further salary or wages increases for the life of the Agreement except for those provided under the terms of thisAgreement

(2)The parties to the Agreement shall be bound by the terms of the Agreement for its duration.

(3)The parties to the Agreement shall oppose any application by other parties to be joined to this Agreement.

(4)No provision of this Agreement shall operate to cause any employees a reduction in ordinary time earnings, or to cause departure from the standards of the Western Australian Industrial Relations Commission in regard to hours of work, annual leave or long service leave.

10. - SINGLE BARGAINING UNIT

(1)This Agreement was negotiated by union representatives of the CSA, MEAA and ALHMWU, and management representatives of the Trust, as a single bargaining unit.

(2)The process established to develop this Agreement involved employee meetings with relevant unions, staff briefings, meetings and employee focus groups conducted by management.

11. - DISPUTE SETTLEMENT PROCEDURES

(1)Preamble

The following procedures shall apply for the purpose of dealing with any question or dispute that arises between an employee and the employer about the meaning and effect of this Agreement which cannot be resolved by discussion between the parties.

(2)Procedures

An employee shall have the right for a grievance to be heard through all levels of the Trust management as follows:

(a)In the first instance, the matter shall be discussed between the employee and the employee’s Manager, and resolved, if possible, within three working days.

(b)If the grievance remains unresolved, then the matter shall be referred to the Human Resources Manager and resolved, if possible, within an additional three working days.

(c)If the grievance is still unresolved, the matter shall be referred to the Chief Executive Officer and resolved, if possible, within an additional three working days.

(3)At the employee’s request, a union representative may be present and may represent the employee, at any meeting arranged between Trust management and the employee for the purposes of resolving a grievance in accordance with the foregoing process.

(4)At the conclusion of the foregoing process, and at the request of either party, the matter may be referred to the Western Australian Industrial Relations Commission for conciliation and/or decision, which shall be accepted by the parties as ending the matter.

(5)Except where the grievance involves a bona fide health and safety issue, work shall continue normally and service to customers shall not be affected while the procedure outlined above is followed.

12. - COPIES OF THE AGREEMENT

All employees covered by this Agreement shall be given a copy of this Agreement.

13. - PERFORMANCE AND REWARD SYSTEM - STAGED SALARY PAYMENTS

(1)An initial payment of 3% will be applied to any employee’s base rate of pay from date of registration of this Agreement.

(2)Employees covered by this Agreement will participate in a performance and reward system which will provide staged pay increases over the life of this Agreement, subject to the Trust as a whole achieving defined levels of performance or targets. These percentage pay increases determined will be applied to all employees’ base rate of pay and are detailed in Appendix 1.

(3)Key Performance Indicators (“KPIs”), performance targets and the relationship to salary increases are detailed in Appendix 2.

(4)Key Performance Indicators have been established to monitor progress toward the achievement of critical business goals of the Trust.

(5)KPI performance data will be reviewed regularly by the partiesto assess achievement of performance targets. Outcomes from this review and subsequent changes will form part of the ongoing process of continuous improvement. A summary of KPI performance data will be provided to all employees.

(6)Changes to future KPIs will be based on the Trust’s business needs.

(7)The KPIs to apply cover the following priority issues:

(a)Customer service overall satisfaction levels

(b)Performance planning and evaluation

(c)Training hours per full-time equivalent employees

(d)Net revenue achieved

(e)Venue usage

(f)Fitness memberships and Aquacard numbers

(g)Numbers of Events and functions held

(8)Both Trust Management and employees acknowledge that the agreed performance indicators are capable of achievement. Trust Management acknowledges that achievement of these KPIs may require the provision of appropriate technology, resources and training in a timely manner.

(9)An employee covered by this Agreement will actively work towards the achievement of all indicators.

(10)Each of the KPIs have an equal weighting and taken together shall form the basis for a salary increase of up to 3% maximum to apply on 1st July 2001. In the event of any KPI not being achieved at the target level, the corresponding salary adjustment for all employees covered by the enterprise agreement shall be reduced by a proportionate amount, based on those achieved.

(11)In the event of a change of circumstances which are beyond the control of the parties to the Agreement and impact on the outcome of the KPIs, the parties shall confer to consider whether the measures/indicators should be changed.

14. - CONTRACT OF EMPLOYMENT

(1)Employment Categories

(a)“Permanent employee” shall mean any person engaged on a full time or part time basis for an indefinite period.

(b)“Full time employee” shall mean any person employed to work 100% of standard hours.

(c)“Part time employee” is an employee employed on a permanent basis who works a minimum of 7½ hours per week but works less than the standard full time hours.

(d)A part time position shall be one which has discrete functions and responsibilities, but arranged in such a way as to be consistent with job redesign and multi-skilling.

(e)“Fixed term employee” shall mean any person engaged on a full time or part time basis for a specific period of time up to a maximum of five years.

(f)Fixed term appointments shall be limited in use to cover for permanent employees who are on extended leave or for specific projects. In general such employment shall not be for periods greater than twelve months. This clause shall not apply to fixed term appointments existing on the date of registration.

(g)“Casual Employee” shall mean a person employed at an hourly rate:

(i)with standard hours of less than 7.5 hours a week; or

(ii)to work on events, functions, programmes or other Trust services where staffing levels are determined by customer demand; or

(iii)to relieve permanent staff on a temporary basis.

(2)Rates of Pay

(a)An employee will be appointed to the first increment of the appropriate salary range, unless he/she has prior relevant experience at a commensurate level.

(b)Employees engaged on a training contract (e.g. apprenticeship, traineeship) shall be paid in accordance with the National Training Wage Award or other prescribed Award.

(c)Junior employees shall be paid the following percentage for the appropriate classification:

Under 17 years of age 50%

17 years of age 60%

18 years of age 70%

19 years of age 80%

20 years of age 90%

21 years of age100%

(3)Progression Between Levels

Progression to a higher level will be dependent upon availability of a vacant position and successful application through a merit selection process, with the exception that:

(a)An employee appointed or promoted to Level 3 may, subject to satisfactorily meeting performance criteria, progress to Level 4.

(b)If a position is reclassified and the substantive occupant has had 12 months doing the higher level of work in the position, he/she shall be reclassified with the position.

(4)Letter of Appointment

All full-time and part-time employees shall receive a letter of appointment detailing:

(a)the agreed period of the arrangement;

(b)ordinary span of hours and days to be worked, including starting and finishing times;

(c)the minimum hours to be worked in a four week period;

(d)rates of pay and terms and conditions.

(5)Minimum Attendance

All part-time employees shall be employed for a minimum attendance on any day of three hours.

(6)Casual Agreement

(a)Casual employees shall receive a loading of 30% that shall apply in addition to the normal salary rate for all work performed. This loading will be in lieu of all leave, allowances, loadings, public holidays, and overtime rates which may apply to other employees as specified within this Agreement.

(b)Casual employees shall be employed for a minimum attendance of two hours except that:

(i)Aquatic Service Officers shall be employed for minimum attendance of three hours;

(ii)Employees required to take fitness sessions may be paid the agreed rate for all work associated with the session and the minimum attendance provisions of this Agreement shall not apply.

(c)The contract of employment may be terminated by either party giving one hour’s notice or payment in lieu of notice.

(d)After six months continuous service, the status of casual employees who regularly work 10 or more hours a week shall be reviewed by the parties.

(7)Part Time Agreement

(a)Employees may, where mutually agreed in writing between the employee and management, revert from full-time to part-time status and from part-time to full-time status.

(b)A part time employee shall be entitled to the same leave and conditions prescribed in this Agreement as for full time employees, with payments proportionate to the hours worked.

(c)Additional hours worked by part-time employees up to a total of 150 hours in a four week cycle, shall be paid at the normal rate of pay.

(d)Salary payments and leave entitlements for part-time employees shall be calculated on a pro-rata basis except for long service leave where the calculation shall be based on the average number of ordinary hours worked per fortnight in the last 12 months of the qualifying period unless it is requested that the calculation be based on the average number of hours worked per fortnight over the whole qualifying period.

(e)Sick leave and any other paid leave shall be at the current salary, but only for those hours or days that would normally have been worked.

(8)Employment Arrangements for Events, Functions and Special Circumstances

(a)Full time and part time employees who are given approval by the Manager to work on an event or function, or to assist or relieve staff in order to maintain services in exceptional circumstances, in a position other than their normal position (in addition to normal duties), shall be paid at the casual rate for the position performed.

(b)For the purposes of staging international events the Trust may, with agreement of the employee, modify the employment arrangements and work conditions as contained within this Agreement to meet particular operating requirements of an event.

(9)Probationary Period

(a)A maximum period of four months probation will apply to all full time and part time employees upon commencement of employment.

(b)During probation an employee shall be provided with a performance assessment. If there is a perceived problem then the employee shall be given appropriate opportunity to meet the required standard.

(c)Within the probationary period, employment may be terminated by 1 week’s notice on either side or by the payment, or forfeiture, as the case may be, of 1 week’s rate of pay. A lesser period of notice may apply where both parties agree.

(d)At the completion of the probationary period the Trust will conduct a performance review. As a result of this review the employee will either be granted a permanent or fixed term position in accordance with their letter of appointment or have their employment terminated.

(10)Termination of Employment

(a)Employment of a full time or part time employee (including fixed term employee) may be terminated by either the Trust or the employee by written advice. If termination (based on reasons other than serious misconduct) is to occur, the following minimum notice periods apply to both the employee and the Trust.

(b)These may be substituted for payment by the Trust based on the employee’s rate of pay:

(i)During first year of service - 1 week.

(ii)More than one but less than three years service - 2 weeks.

(iii)More than three but less than five years service - 3 weeks.

(iv)Over five years service - 4 weeks.

*Note: If over 45 years of age and at least two years of service - the employer shall add one week to the above.

(c)Payment made by the Trust in lieu of the notice period must equal the amount the employee would have received had he or she worked until the end of the notice period except where the Trust and the employee agree to reduce this period.

(d)Where an employee is unable to provide the above period of notice there will be a forfeiture of an equivalent monetary amount against any outstanding credits.

15. - REDEPLOYMENT AND REDUNDANCY

Where any action by the Trust is likely to have a ‘significant effect’ on the employee or make the employee’s position redundant the employee will be informed as soon as possible after a decision to make the changes has been made. “Significant effect” includes termination of employment; major changes to either the composition of the work force or the operations carried out within the workplace; the elimination or termination of job tenure; the alteration of hours at work; changes in the roles and responsibilities of the employee; the need for re-training or transfer to other work or locations and the restructuring of the position.

The regulations of the Public Sector Management Act 1994, covering redeployment, retraining and redundancy will apply to employees covered by this Agreement.