Tourism Industry Award 2010 · AWU and AWUEQ Draft Tourism Award 2010 – 16 March 2009 3 Part...

AWU and AWUEQ Draft Tourism Award 2010 – 16 March 2009

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Tourism Industry Award 2010

Table of Contents

Part 1— Application and Operation.................................................................3 1. Title..................................................................................................................... 3 2. Commencement date .......................................................................................... 3 3. Definitions and interpretation............................................................................. 3 4. Application ......................................................................................................... 5 5. Access to the award and the National Employment Standards .......................... 5 6. The National Employment Standards and this award ........................................ 5 7. Award flexibility ................................................................................................ 6

Part 2— Consultation and Dispute Resolution..................................................7 8. Consultation regarding major workplace change ............................................... 7 9. Dispute resolution............................................................................................... 8

Part 3— General Employment Conditions .......................................................8 10. Types of employment ......................................................................................... 8 11. Termination of employment ............................................................................. 11 12. Redundancy ...................................................................................................... 11 13. Higher duties .................................................................................................... 13 14. Breaks ............................................................................................................... 13 15. Rostering........................................................................................................... 15 16. Payment of wages............................................................................................. 15 17. District allowances ........................................................................................... 16 18. Supported wage system .................................................................................... 17 19. National training wage ..................................................................................... 17 20. Accident pay..................................................................................................... 17 21. Superannuation ................................................................................................. 18 22. Annual leave ..................................................................................................... 19 23. Personal/carer’s leave and compassionate leave .............................................. 21 24. Community service leave ................................................................................. 21 25. Public holidays ................................................................................................. 21

Part 4— Operations.......................................................................................21 26. Classifications................................................................................................... 21


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27. Minimum wages................................................................................................22 28. Allowances........................................................................................................23 29. Ordinary hours of work and rostering...............................................................25 30. Overtime............................................................................................................25 31. Provision of transport and travelling time.........................................................25 32. Provision of accommodation ............................................................................26 33. Late night penalty (Tour Guides)......................................................................26 34. Weekend penalty rates ......................................................................................26 35. Payment for public holidays .............................................................................26


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Part 1—Application and Operation

1. Title

This award is the Tourism Industry Award 2010.

2. Commencement date

This award commences on 1 January 2010.

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

continuous service is not broken when an employee:

(a) takes up to 152 ordinary working hours because of sickness or accident in a 12 month period (i.e. paid sick leave and workers compensation leave);

(b) takes long service leave, annual leave, public holidays, paid bereavement leave and jury service; or

(c) has their service interrupted or terminated by an employer whose intentions are to avoid their obligations under this clause.

Absences from work, which do not count as time worked for the purposes of calculating continuous service but do not break continuity of service include:

(a) any absence with reasonable cause, proof of which will be upon the employee;

(b) any leave without pay taken with the agreement of the employer; and

(c) parental leave

employee has the meaning in the Act

employer has the meaning in the Act

enterprise award has the meaning in the Act

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

NES means National Employment Standards

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Outdoor activities means those non competitive physical activities undertaken in an outdoor environment or simulated outdoor environment for the purposes of recreation, education, personal and/or professional development, adventure therapy, adventure-based counselling, tourism or ecotourism. Outdoor activities include (but are not limited to) non-competitive:

abseiling and canyoning ballooning boating/sailing and sailboarding/windsurfing bungy jumping bushwalking camping canoeing and kayaking (river and sea) caving climbing cycling and mountain bike riding fishing fossicking/collecting four-wheel-driving hang-gliding/para-gliding/parachuting horse riding hunting (recreational) and shooting (recreational) jet skiing kite flying motor/trail bike riding orienteering and rogaining picnicking rafting ropes courses scuba diving and snorkelling skateboarding / rollerblading skiing (snow): cross country/nordic and downhill; snowboarding surfing waterskiing

standard rate means the hourly rate payable to a [insert grade]

Theme Park means location or enterprises operating attractions or amusements (whether indoor or outdoor) open to the public through either paid or general admission, relying upon historical, cultural, agricultural, technological or zoological activities to gain patronage, but shall exclude amusement centres and video arcades not contained within a ‘theme park’.

Tour Guide means an employee specifically engaged to conduct a guided tour involving explanations in one or more languages of the sights, venues of facilities being visited and generally to guide and assist tour members (including safety and welfare considerations) and do whatever is reasonably necessary to maximise their appreciation and enjoyment of the tour. Tour Guides may also be involved in selling additional tours as part of their normal Tour Guide activities, and any other duties that are incidental to Tour Guide operations.

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Tourism means travel for recreational or leisure purposes. Tourism is the temporary, short-term movement of people to destinations outside the places where they normally live and work and their activities during the stay at each destination. Such movement can be by those who are local or from interstate or overseas.

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

4. Application

4.1 This award applies to employers throughout Australia in the Tourism industry and their employees in the classifications set out in this award to the exclusion of any other modern award.

4.2 Tourism industry means all employers and employees who are engaged in or in connection with:

(a) Theme Parks (as defined);

(b) Tour Guides (as defined):or

(c) Outdoor Activities (as defined).

4.3 The award does not cover employers in the following industries:

(a) Alpine Resorts

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

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

4.6 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 that 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.

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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.

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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

8. 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, 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.

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(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—General Employment Conditions

10. Types of employment

10.1 At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time, part-time or casual.

10.2 Full-time employment

(a) A full-time employee is an employee who is engaged to work 38 hours per week or a lower number of hours which are regarded as the full-time hours at a particular workplace.

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(b) A full-time employee must be provided with a written statement setting out their classification, applicable pay scale and terms of engagement.

10.3 Part-time employment

(a) A part-time employee is an employee who is engaged to perform more than 16 hours and less than the full-time hours of 38 per week at the workplace; has reasonably predictable hours of work; and receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.

(b) An employee who does not meet the definition of a part-time employee in clause 10.3(a) and who is not a full-time employee will be paid as a casual employee in accordance with clause 10.4.

(c) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work, and the actual starting and finishing times each day.

(d) Changes in hours may only be made by agreement in writing between the employer and employee. Any agreed variation to the regular pattern of work will be recorded in writing.

(e) An employer is required to roster a part-time employee for a minimum of four consecutive hours on any shift.

(f) All time worked in excess of the hours mutually arranged will be deemed overtime and paid for at the appropriate overtime rate.

(g) A part-time employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.

10.4 Casual employment

(a) A casual employee is an employee engaged as such and paid by the hour. An employer when engaging a casual must inform the employee that they are employed as a casual, stating by whom the employee is employed, their hours of work, their classification level and their rate of pay.

(b) A casual employee must be paid per hour at the rate of 1/38th of the weekly rate prescribed for the class of work performed, plus 25%.

(c) The casual loading is paid instead of annual leave, personal/carer’s leave, notice of termination, redundancy benefits and the other attributes of full-time or part-time employment (with the exception of overtime and penalty rates which shall be paid).

(d) Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly or fortnightly.

(e) On each occasion a casual employee is required to attend for work, casual employees are entitled to a minimum payment of three hours’ work at the appropriate rate.

(f) Casual conversion

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A casual employee, who has been engaged on a regular and systematic basis and for several periods of employment under this Award during a period of 6 months, will thereafter have the right to elect to have their contract of employment converted to full-time employment or part-time employment if the employment is to continue beyond the conversion process.

Every employer of such an employee will give the employee notice in writing of the provisions of this clause within 4 weeks of the employee having attained such period of 6 months.

The employee retains their right of election under this clause if the employer fails to comply with the clause.

Any such casual employee who does not within 4 weeks of receiving written notice elect to convert their contract of employment to full-time or part-time employment will be deemed to have elected against any such conversion.

Any casual employee who has a right to elect under this clause, upon receiving notice under this clause, or after the expiry of the time for giving such notice, may give 4 weeks' notice in writing to the employer that they seek to elect to convert their contract of employment to full-time or part-time employment, and within 4 weeks of receiving such notice the employer will consent to or refuse the election but will not unreasonably so refuse. Any dispute about a refusal of an election to convert a contract of employment will be dealt with as far as practicable with expedition through the grievance procedure.

Once a casual employee has elected to become and been converted to a full-time employee or a part-time employee, the employer may only revert to casual employment by written agreement with the employer.

If a casual employee has elected to have their contract of employment converted to full-time or part-time employment the employer and employee in accordance with this clause will discuss and agree upon:

- which form of employment the employee will convert to, that is, full-time or part-time; and

- if it is agreed that the employee will become a part-time employee, the number of hours and the pattern of hours that will be worked, as set out in clause xx Part Time Employment:

Provided that an employee who has worked on a full-time basis throughout the period of casual employment has the right to elect to convert their contract of employment to full-time employment and an employee who has worked on a part-time basis during the period of casual employment has the right to elect to convert their contract of employment to part-time employment, on the basis of the same number of hours and times of work as previously worked, unless other arrangements are agreed upon between the employer and employee.

Following such agreement being reached, the employee will convert to full-time or part-time employment.

Where an employer refuses an election to convert, the reasons for doing so will be fully stated to and discussed with the employee concerned and a genuine attempt made to reach agreement.

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Any dispute about refusal of an election to convert, or arrangements to apply to an employee converting from casual employment to full-time or part-time employment will be dealt with as far as practicable with expedition through the dispute resolution procedure.

An employee must not be engaged and re-engaged to avoid any obligation under this Award.

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.

12. 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.

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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) Clause 12.5 ceases to operate on 31 December 2014.

12.6 Severance pay – employees of a small employer

An employee of a small employer (means an employer who employs fewer than 15 employees) whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service:

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Period of continuous service

Severance pay

Less than 1 year

1 year and less than 2 years

2 years and less than 3 years

3 years and less than 4 years

4 years and over

Nil

4 weeks’ pay*

6 weeks’ pay

7 weeks’ pay

8 weeks’ pay

*Week’s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude:

• overtime; • penalty rates; • disability allowances; • shift allowances; • special rates; • fares and travelling time allowances; • bonuses; and • any other ancillary payments of a like nature.

13. Higher duties

13.1 An employee who is requested by the employer and accepts to temporarily undertake the substantial duties of an employee in a position which carries a higher classification shall be entitled to receive the higher rate of pay applicable to that higher classification for the duration of the time they are undertaking those duties.

13.2 Where an employee is required to perform work attracting a higher rate of pay for less than four hours on any one day they shall be entitled to be paid the higher rate for four hours. If the employee is required to undertake such duties for four or more hours they shall be entitled to be paid the higher rate in respect of those hours actually worked at the higher classification.

13.3 All such work performed in a position of a higher classification will be taken into account and be recognised as experience and competency gained for any performance or competency assessment appraisal.

14. Breaks

The following provisions will apply to all employees

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14.1 Meal break Each employee shall be entitled to an unpaid lunch break of a minimum 30 minutes and up to a maximum of one hour where shifts of 7.6 hours or more are worked. Such meal break shall be taken between the fourth and sixth hour of work or at a time convenient to and as agreed to between the employer and the particular employee involved.

Casual and part-time employees working for more than five hours on any one day shall be entitled to an unpaid meal break of 30 minutes to be taken between the 4th and 6th hour or as agreed to between the employer and the particular employee involved.

All work performed on the instruction of the employer during a recognised meal break will be paid for at double time rates. Such payment will continue until the employee is released for a meal break of not less than 30 minutes.

Tour Guides: Where, at the instruction of the Employer, the meal period is worked, it shall be deemed to be overtime and shall be paid for at the rate of double time for half an hour, except in circumstances where the employee chooses to work through the meal break in order to finish their tour duties half an hour earlier for that day. In the normal course of events, Tour Guides will have their meal break at the same time that meals are taken by the tourists whom they guide.

Rest break

Employees who work a minimum of 4 consecutive ordinary hours, but less than 7.6 consecutive ordinary hours on any one day, shall receive a rest pause of 10 minutes duration.

Employees who work a minimum of 7.6 consecutive ordinary hours (excluding meal break) on any one day shall receive a rest pause of 10 minutes duration in the first half and the second half of the period worked:

- Provided that when more than 10 ordinary working hours per day are worked, the employee shall be entitled to 3 such 10 minute rest pauses during any such day.

Rest pauses shall be taken in the Employer's time.

Rest pauses shall be taken at times to suit the convenience of the Employer and so as not to interfere with the continuity of work where continuity is necessary.

Where there is agreement between the Employer and the majority of employees, the rest pauses may be combined into one 20 minute rest pause to be taken in the first or second half of the working day, with the combined rest pause and the meal break being arranged in such a way that the ordinary working day is broken up into 3 approximate equal periods.

Notwithstanding the above rest pauses shall be taken at times to suit the convenience of the operation/tour so as to not interfere with the continuity of the work where continuity is necessary.

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14.2 10 hour break after ceasing work for the day

(a) An employee is entitled to a break of 10 hours between finishing work on one day and commencing work on the next day.

(b) Overtime rates will be paid for work required to be performed by the employer where an employee has not had the 10 hour break, until such time as the employee is released and able to take the 10 hour break.

15. Rostering

15.1 A roster for full-time and part-time employees showing normal starting and finishing times and the name of each employee must be prepared by the employer and must be posted in a conspicuous place accessible to the employees concerned.

15.2 The roster will be alterable by mutual consent at any time or by amendment of the roster on seven days’ notice. Where practicable two weeks’ notice of rostered day or days off should be given provided that the days off may be changed by mutual consent or through sickness or other cause over which the employer has no control.

16. Payment of wages

16.1 Period of payment

Wages must be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight.

16.2 Method of payment

All wages must be paid in the Employer's time, and shall be paid weekly or fortnightly as determined by the Employer, but on the day being fixed it shall not be altered more than once in 3 months.

In the case of a statutory holiday occurring on the payday, such payment shall be made on the last banking business day before the holiday.

Wages may be paid be electronic funds transfer into the bank of other financial institution of the employee's choice.

No Employer shall hold more than 2 days' wages in hand.

16.3 Payment of wages on termination of employment

On termination of employment, wages due to an employee must be paid on the day of termination or forwarded to the employee by post on the next working day.

16.4 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.

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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 Clothing, equipment and tool

allowance Clothing and footwear group

Tools allowance Tools component of the household appliances, utensils and tools sub-group

Vehicle/travel allowance Private motoring sub-group

16.5 Reimbursement of expenses

Where an employer authorises an employee to incur expenses in the course of the employee’s employment, the expense will be reimbursed by the employer upon provision by the employee of a tax invoice and receipt.

16.6 Provision of meals

On all occasions where, employees work with clients, in locations remote from established food outlets or where circumstances require them to supervise clients, they shall be provided with food free of charge.

The arrangements relating to the quality, quantity and preparation of food shall be consistent with standards set through the Queensland Outdoor Recreation Federation, and be agreed between the employer and employee.

16.7 All-purpose allowances

The following allowances apply for all purposes of this award:

(a) First aid allowance

An employee designated by the employer to render first aid in addition to their usual duties and who is the current holder of a recognised first aid qualification, such as St John Ambulance or similar body, must be paid a daily allowance of 14% of the standard rate to carry out such work.

17. District allowances

17.1 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.

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17.2 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):



17.3 Queensland

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):



17.4 This clause ceases to operate on 31 December 2014.

18. Supported wage system

See Schedule A

19. National training wage

See Schedule B

20. Accident pay

20.1 Subject to clause 20.2, 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.

20.2 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.

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

20.4 This clause ceases to operate on 31 December 2014.

21. Superannuation

21.1 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.

21.2 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.

21.3 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 21.2.

(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 21.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 21.3(a) or (b) was made.

21.4 Superannuation fund

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or (b) to one of the following superannuation funds:

(a) Australian Super;

(b) Sun Super; or

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(c) 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.

21.5 Absence from work

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or (b):

(a) Paid leave—while the employee is on any paid leave;

(b) Work-related injury or illness—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

(i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements; and

(ii) the employee remains employed by the employer.

22. Annual leave

22.1 Annual leave is provided for in the NES.

22.2 Conversion to hourly entitlement

An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in s.32 of the NES to an hourly entitlement for administrative ease.

22.3 Payment for period of annual leave

(a) Instead of the base rate of pay as referred to in s.35(1) of the NES, an employee under this award, before going on annual leave, must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.

(b) In the case of an employee employed on piecework, the rate which is the weekly average of payments made to the employee for the period prior to the time of going on leave or termination of employment, as the case may be.

22.4 Annual leave loading

(a) An employee must also be paid a loading calculated on the wages prescribed by this award.

(b) The loading must be as follows:

(i) Other than shiftworkers

• An employee other than a shiftworker must be paid a loading equal to 17.5% of the wages prescribed by this award for the ordinary hours of work as performed between Monday and Friday.

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• Where an employee is rostered to work the ordinary weekly hours on days which attract penalty rates and the employee would have earned a greater amount than the payment for ordinary hours worked between Monday and Friday plus 17.5% but for the period of leave then the amount which the employee would have earned for the ordinary hours of work they would have worked but for the period of leave will be paid instead of the 17.5% loading.

(ii) Shiftworkers

An employee who would have worked on shiftwork had they not been on leave must be paid a loading equal to 17.5% of the wages prescribed by this award or the shift loading including relevant weekend penalty rates, whichever is the greater but not both (except those employees classified under the Tour Guides stream who shall be paid a loading equal to 17.5% of the wages prescribed by this award AND the shift loading including relevant weekend penalty rates).

22.5 Excessive leave

Notwithstanding s.33 of the NES, if an employer has genuinely tried to reach agreement with an employee as to the timing of taking annual leave, the employer can require the employee to take annual leave by giving not less than four weeks’ notice of the time when such leave is to be taken if:

(a) at the time the direction is given, the employee has eight weeks or more of annual leave accrued; and

(b) the amount of annual leave the employee is directed to take is less than or equal to a quarter of the amount of leave accrued.

22.6 Paid leave in advance of accrued entitlement

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.

22.7 Transmission of business

(a) Where a business is transmitted from one employer to another, the period of continuous service that an employee had with the transmitter must be deemed to be service with the transmittee and taken into account when calculating annual leave. However an employee is not entitled to leave or payment in lieu for any period in respect of which leave has been taken or paid for.

(b) Where a business is transmitted from one employer to another, employees formerly employed by the transmitter will be deemed to have served any applicable probationary period with that employer. Employees will not be required to serve any probationary period for any purpose in relation to their employment with the transmittee.

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22.8 Proportionate leave on termination

On termination of employment, an employee must be paid for leave accrued (including shift loading) that has not been taken at the appropriate wage calculated in accordance with this award.

23. Personal/carer’s leave and compassionate leave

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

24. Community service leave

24.1 Community service leave is provided for in the NES.

25. Public holidays

25.1 Public holidays are provided for in the NES.

25.2 Public holidays which fall on a weekend

(a) Where Christmas Day falls on a Saturday or a Sunday, 27 December is observed as the public holiday instead of the prescribed day.

(b) Where Boxing Day falls on a Saturday or a Sunday, 28 December is observed as the public holiday instead of the prescribed day.

(c) Where New Year’s Day or Australia Day falls on a Saturday or a Sunday, the following Monday is observed as the public holiday instead of the prescribed day.

25.3 Substitution of certain public holidays by agreement at the enterprise

(a) By agreement between the employer and the majority of employees in the enterprise or part of the enterprise concerned, an alternative day may be taken as the public holiday instead of any of the prescribed days.

(b) An employer and an individual employee may agree to the employee taking another day as the public holiday instead of the day which is being observed as the public holiday in the enterprise or part of the enterprise concerned.

Part 4— Operations

26. Classifications

(a) Appendix 1 – Theme Park Employees

(b) Appendix 2 – Tour Guide Employees

(c) Appendix 3 – Outdoor Activity Employees

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27. Minimum wages

27.1 Adult wages

Theme Park Employees

The minimum weekly rates paid to employees shall be as follows:

Level Weekly wage rate

$

1 560.38

2 585.38

3 610.48

4 637.48

5 689.68

6 738.84

Tour Guide Employees


Classification Weekly Wage rate

$

Introductory Tour Guide 560.38

583.28

Tour Guide Level 1 604.08

Tour Guide Level 2 637.48

Tour Guide Level 3

(a) First 3 months

(b) Over 3 and up to 6 months

679.18

Outdoor Activities Employees



$

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$

Level 1 (A) 543.78

Level 1 (B) 565.38

Level 2 565.38

Level 3 586.88

Level 4 620.38

Level 5 662.18

Level 6 854.52

Level 7 938.02

27.2 Junior wages

Percentage of relevant adult rate

%

Under 16 years of age 55

16 years of age 60

17 years of age 70

18 years of age 80

19 years of age 90

20 years of age 100

28. Allowances Uniform allowance

The employer will provide, where applicable, a park uniform excluding footwear. Park uniforms shall remain the property of the employer and shall be returned to the employer on the termination of an employee’s employment. The employee shall be responsible for the cleaning of their park uniform. If the employee is required to wear a uniform and that uniform is not supplied by the employer they shall be paid $6.47 per week for the supply and maintenance of their own uniform. Protective clothing allowance

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The employer will provide gloves, goggles, aprons, masks, waterproof clothing, sunscreen, sunglasses or other safety items that may be deemed necessary by the employer for employees working in areas that require protection.

If the employee is required to provide the required safety items themselves, they shall be entitled to receive a weekly allowance of $6.72 to cover the cost of such items.

Tool allowance

Except as hereafter provided, all power tools and materials required for the usual performance of any job task, shall be supplied by the employer without cost to the employee.

Employees employed within the technical services division who are required to provide hand tools at their own expense shall receive an allowance of $15.93 per week as compensation for wear and tear and replacement costs. Cooks/chefs required to provide their own knives and equipment shall receive an allowance of $8.51 per week.

When an employee brings his/her own tools, gear etc., onto the job, the tools, gear etc., remain the property of the employee and the employer has no responsibility for any damage done to the tools, unless negligence by the Company caused or contributed to said damage. Transport allowance

Where an employee agrees to a request from the Employer to use the employee’s own motor vehicle for the purpose of travelling on the Employer’s business the Employer shall pay an allowance per kilometre as set out hereunder (2000/01 Income Tax Rates), or amended when required, in accordance with rates published by the Taxation Department.

Vehicle: 0 to 1600cc 58 cents

1601cc to 2600cc 69 cents

2601cc and over 70 cents

If an employee is required to work overtime beyond the normal rostered ceasing time and as a consequence thereof, the employee’s normal means of transport is not available and public transport is also not available, the employer shall arrange to have such employee transported home. Meal allowance The allowance to be paid in accordance with clause xx is $10.25.

Supply of Torches and Batteries

The Employer shall either provide suitable torches and batteries as required (such items to remain the property of the Employer) or alternatively, shall pay to the employee an allowance of $5.62 per week to provide this equipment.

Mobile Phone Allowance

Where the employee is required to have a mobile phone for work related duties, a mobile phone will be provided and paid for by the Employer:

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Provided that, except in the case of a non-work related emergency such phone may be used for work related purposes only:

Provided further that where the employee already has their own phone, they may enter into a mutually acceptable alternative arrangement with the Employer regarding the use of their own phone for work related purposes.

29. Ordinary hours of work and rostering

29.1 Ordinary hours of work are provided for in the NES.

The average ordinary working hours will be fixed by agreement between the employer and the employees but will not exceed an average of 38 hours per week.

Daily working hours for full-time employees shall be worked continuously except for meal breaks on not more than five days in any one week Monday to Sunday inclusive.

29.2 Spread of hours

Ordinary hours may be worked between 6am and 6pm for up to 8 hours per day.

Provided that the ordinary hours of work on any day may be worked up to 10 hours per day by agreement between the employer and employees in the workplace.

Any work performed outside the ordinary hours must be paid for at overtime rates.

Where broken shifts are worked, the spread of hours can be no greater than 12 hours per day.

30. Overtime

30.1 Overtime, calculated daily by reference to the employee’s base rate, will be paid at the rate of time and one half for the first two (2) hours and double time thereafter.

Further, all work performed in excess of the employees rostered shift on a Sunday shall be paid for at the rate of double time and a half.

30.2 An employee may elect to take time off duty, with pay, for a period equal to the overtime worked.

31. Provision of transport and travelling time

Employees travelling under the instruction of their employer will be paid for such travelling time at a rate equivalent to their ordinary time rate exclusive of any loadings.

Employers shall be responsible for ensuring that staff are transported to and from remote locations with no cost to the employee/s concerned.

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32. Provision of accommodation

Employees, working with clients in the field, shall be provided with accommodation by the employer, to a mutually agreed standard.

33. Late night penalty (Tour Guides)

Any ordinary hours worked between 10.00 p.m. and 6.00 a.m. the following day Monday to Friday, shall receive an ordinary time loading of 15%.

34. Weekend penalty rates

All ordinary work performed between midnight Friday and midnight Saturday shall be paid for at the rate of time and a-half and for the rate of double time from midnight Saturday to midnight Sunday.

Casual loadings shall not be applied to hourly rates when calculating entitlements for work performed on weekends and public holidays.

35. Payment for public holidays

35.1 Where an employee is required to perform work on a public holiday the rate of pay will be double time and a half with a minimum engagement of four hours.

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Appendix 1

Theme Park Employees’ Classification Structure

Employees shall be either classified as a trainee or appointed to the appropriate classification where the characteristics of the job, as determined by the employer, fall within that level. Theme park trainee

This is an employee appointed as a trainee under a government approved traineeship or any employee who does not already possess accredited qualifications or a minimum of three months of relevant industry experience or its equivalent to perform the job they are employed in.

(i) An employee employed as such shall receive 92.5% of the base skill rate of pay for the appropriate job classification for a maximum period of three months or its equivalent. Provided that this provision shall not apply to employees on junior rates of pay.

(ii) Where a trainee is being trained on the job by an employer by means not involving a formal traineeship, the employee shall have a programme for, and keep a progress record of, such training.

(iii) In special circumstances for employees covered by this provision, where three months or equivalent on the job training is insufficient to complete such training because of the peculiarities and or complexities/skills required, such three month training period may be extended by agreement between the employer and the employee.

Progression/re-classification

Progression through levels one to six shall require formal application by the employee and such progression shall be at the discretion of the employer, subject to availability of positions at the higher level, and the employee having successfully completed the appropriate training modules (or having demonstrated the relevant industry experience) and having achieved the level of competency required for appointment to the higher level.

Theme park employee level 1 (82% of the trade rate)

A level 1 employee shall mean an employee appointed as such, who has completed appropriate training either externally or in-house or has displayed equivalent competency so as to enable the employee to perform work within the scope of position descriptions at this level.

An employee at this level performs work above and beyond the skills of an employee under training. Such an employee shall possess the following characteristics:

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• Performs tasks under direct supervision or in accordance with strictly defined procedures.

• Is trained in and applies basic customer service skills as required by the section/department.

• Is required to show minimal judgement. • Performs routine functions requiring an understanding of clear procedures or

guidelines and may require basis manual skills across work areas within the business.

• Applies basic communication and interpersonal skills in dealing with customers and other workers.

• Requires basic health and safety knowledge. • Generally performs a limited range of tasks of limited complexity and skill.

Typical duties/skills As a guide only, the following are indicative typical tasks for work performed at this level:

General cleaning duties, issuing costumes, grooming, cleaning of enclosures, mowing lawns, laundry duties, brush-cutting, basic repairs to clothing, food preparation, basic preparation of ingredients, assisting employees who are cooking, basic cooking and kitchen attending.


A level 2 employee shall mean an employee appointed as such who has completed appropriate training either externally or in-house; or has displayed equivalent competency so as to enable the employee to perform duties within the scope of position descriptions at this level.

An employee at this level performs work of greater complexity than an employee at level 1. Such an employee shall possess the following characteristics:

Performs tasks under general supervision, exercising limited discretion

within defined procedures. Performs, work which is subject to final checking and, as required,

progress checking. Is trained in and applies basic quality/service requirements relating to

own work and may be required to give general inquiry assistance to the customer.

Applies good interpersonal and communication skills in dealing with customers and other workers.

Has a good working knowledge of health and safety at this level. May assist in on the job training of employees of a lower level who are

undergoing training to attain this level. May require basic technical skills to perform the work.

Typical duties/skills

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As a guide only, the following are indicative typical tasks for work performed at this level:

Food preparation, attending counter, handling cash, specific cleaning duties, animal care, ordering stock, hostessing duties, operate rides, eftpos transactions, maintenance of records, telephone operations, feeding animals, presentations, operate cash register, beer reticulation, maintenance of enclosures and gardens, process invoices, drive fork lift, stock control, pruning, irrigation, bar attending, waitering, attending snack bar, non specialised cooking duties, operate games/amusement rides, ground controller/basic security, general park maintenance.


A level 3 employee shall mean an employee appointed as such who has completed appropriate training or has acquired equivalent competency so as to enable the employee to perform work within the scope of this level.

An employee at this level performs work of a greater complexity than an employee at level 2. Such an employee shall possess the following characteristics:

Can perform a greater variety of tasks competently in accordance with

the establishment procedures within their work classification. Can provide assistance for problem solving and work direction. Is trained in, and can apply a higher level of quality control and

customer service. Performs work which is the subject of final checking only. Has a thorough knowledge of the health and safety procedures relating

to work within their department. May assist in the provision of on-the-job training. Works individually under general supervision while having the ability

to coordinate work within a small team environment. Communicates effectively with other workers in their work section. May require some higher level technical skills below trade level to

perform work.

Typical duties/skills The tasks set out below are an indicative guide only and should not be regarded as an exhaustive list. Indicative typical tasks for work performed at this level are as follows:

Operating a passenger vehicle, handling animals, grading garments, maintenance, pattern making, equine health management, basic stable/animal compound management, presentations, specialised animal care, international hostess required to speak a second language, cocktail or specialised waiter, non-trade cooking, operate a food outlet, bookings and reservations, basic lifeguarding.


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A level 4 employee shall mean an employee appointed as such who has completed appropriate training or has acquired equivalent competency so as to perform work within the scope of this level. Work performed at this level shall be trade level or equivalent.

An employee at this level performs work of greater complexity than an employee at level 3. Such an employee shall possess the following characteristics:

Works from complex instructions and procedures and a has a thorough

understanding of the park’s internal policies and procedures relating to their department.

Is able to provide training for fellow employees within their specific area of responsibility for skill development.

Is able to coordinate work in a team environment or work individually under general supervision.

Is accountable for their own work at trade level or equivalent. Has health and safety knowledge of the whole park. Is able to exercise good interpersonal and communication skills in

dealing with fellow workers. Performs lower level tasks incidental to their work or which facilitate

the completion of the whole task. Such incidental or peripheral work would not require additional formal technical training.

Has worked or studied in a relevant field for a significant time to ensure competence to undertake and advise on a full range of normal requirements for the work and has the ability to perform a variety of activities involving special or unusual features of the work.

Typical duties/skills The tasks set out below are an indicative guide only and should not be regarded as an exhaustive list. Indicative typical tasks for work performed at this level are as follows:

Trade qualified cooking, food production, senior security officer for park, trade qualified maintenance (i.e. plumbing, spray painting, construction work) designs costumes and production, liaise with agencies, staff recruitment, menu planning, animal training, medication of animals, plantation management, animal education duties, management of a food outlet, coordinates, cleaning operators, projectionist, bar supervisor, maitre’d, greenkeeping, specialised performers, advanced lifeguarding.

Theme park employee level 5 (112.5% of the trade rate)

A level 5 employee shall mean an employee appointed a such who has completed appropriate training and is capable of applying skills learned to the work. A level 5 employee may have specific supervisory duties and the authority to direct other staff, however, the greater percentage of their time need not be spent on management functions.

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An employee at this level performs work of a greater complexity than an employee at Level 4 because of one or more of the following factors:

Level of responsibility and/or management, e.g. administrative, financial, project coordination, technical or post trade, etc; such an employee shall possess the following characteristics:

Would have studied or worked in a relevant area to develop a

specialised skill in a particular profession, technical or service field above trade level or its equivalent;

Is accountable and responsible for workplace output and can work under pressure;

Generally works without supervision; Understands all operations relevant to their job role and department; Plans training and establishment development in conformity with

employer guidelines; Has excellent knowledge of health and safety requirements throughout

the park; Coordinates supervises and directs the work of others in a team

environment. Typical duties/skills The tasks set out below are an indicative guide only and should not be regarded as an exhaustive list. Indicative typical tasks for work performed at this level are as follows:

Financial reporting, operational reporting, specialised supervision/direction of five or more staff, specialised maintenance or technical skills.


Theme park employee level 6 shall mean an employee appointed as such who possesses qualifications or experience such as advanced engineering or technical skills or post trade or diploma level or who undertakes duties of a more advanced or complex level than those at level 5.

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Appendix 2 Tour Guide Employees’ Classification Structure

Classifications

The classifications of employees covered by this Award shall be as follows:

Introductory Tour Guide - Employees with no relevant industry experience may be employed as an Introductory Tour Guide for the first 6 months at two levels. During the first 3 months as an introductory Tour Guide A, at 82% relativity to trade rate equivalent, and for the subsequent period of 3 months as an introductory Tour Guide B; at 87% relativity to the trade rate equivalent.

Tour Guide Level 1 (Relativity to Trade Equivalent 92%) - shall mean an employee having undertaken 6 months employment at the introductory level or an employee with relevant industry experience that is at least equivalent to the introductory level.

(a) An employee at this level should be versed in guest services and public relations skills;

(b) An employee at this level should understand matters of cultural sensitivity concerning tourists from other nations;

(c) An employee at this level should have reasonable knowledge of tourism attractions and facilities in the area.

(d) An employee at this level should also have a good understanding of the health and safety obligations required for the protection of tourists that may not understand dangers associated with the Australian environment and wildlife; and

(e) An employee at this level may be required to hold the appropriate driver authorisation.

Indicative tasks of an employee at this level may include any of the follows:

- Conducting and/or supervising a number of tourists on a tour;

- Collecting cash;

- Driving an appropriate vehicle; and

- Promotional activities and incidental sales.

Tour Guide Level 2 (Relativity to Trade Equivalent 100%) - means an employee possessing the skills of a Level 1 employee who is required to have detailed knowledge of the tourism attractions and facilities in the area and to fluently use a second language in the course of their duties. A "second language" is a language other than the employee's first language or native tongue.

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Tour Guide Level 3 (Relativity to Trade Equivalent 110%) - means an employee possessing the skills of a Level 2 employee who is required to fluently use more than two languages in the course of their duties.

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Appendix 3 Outdoor Activity Employees’ Classification Structure

CLASSIFICATION STRUCTURE

Classification Level 1 (A), being an employee without any Industry experience (relativity to Trade Equivalent 84.7%)

Classification Level 1 (B), being an employee who has completed at least 3 months' Industry Experience (relativity to trade equivalent 92.4%), with the following requirements:

LEVEL 1

A Level 1 employee means an employee who:

(a) has completed a Certificate I in Sport and Recreation or who demonstrates equivalent skills and knowledge

(b) has a current Senior First Aid Certificate

(c) provides general assistance to employees of a higher grade, and is primarily engaged in one or more of the following (under direct supervision):

• Basic administration duties

• Basic hospitality, retail or grounds maintenance duties

• Preparation and maintenance of defined outdoor equipment

• Participation in outdoor activities

• Performance of tasks of limited complexity associated with outdoor learning experiences, such as assisting staff in preparing, implementing and supervising outdoor activities


• assisting in minimal capacity in the preparation and conduct of outdoor activities

• provision and maintenance of equipment and facilities under supervision

LEVEL 2 (92.4%)


(a) has completed a Certificate II in Sport and Recreation with relevant specialisations or a Certificate II in Outdoor Recreation or who demonstrates equivalent skills and knowledge; and

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(b) has a current Senior First Aid Certificate; and

(c) has skills to participate in outdoor recreation activities under supervision and to assist in conducting those activities or to complement those skills with specialisations from non-activity areas; and

(d) provides general assistance to employees of a higher grade, and is primarily engaged in one or more of the following (under supervision):

• applying basic logistics to planning outdoor recreation activities, assisting in the conduct of outdoor recreation sessions under supervision and implementing minimal impact practices

• planning food, water and clothing requirements, selecting and using equipment and demonstrating safe participation in outdoor recreation activities under supervision

• maintaining facilities and equipment

• setting up and operating a campsite for clients, providing campsite catering in an hygienic manner

• applying specialist skills to enhance the conduct of outdoor programs, such as skills in interpretation, tour guiding, special needs


• providing basic logistics or back up support to programs or activities

• cleaning and repairing and maintaining equipment and resources

• basic administration and servicing client needs

LEVEL 3 (94% )


(a) has completed a Certificate III in Sport and Recreation with relevant specialisations or a Certificate III in Outdoor Recreation or who demonstrates equivalent skills and knowledge and;

(b) has a current Senior First Aid Certificate and;

(c) has skills to independently participate in several outdoor recreation activities and to guide or instruct those activities or to complement those skills with specialist skills from non-activity areas and;

(d) provides general assistance to employees of a higher grade, and is primarily engaged in one or more of the following (under supervision):

• planning outdoor recreation activities in situations where extreme environmental conditions are not likely to occur activities

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• guiding outdoor recreation sessions within clearly defined contexts (e.g. site-specific situations), acting according to clearly defined Standard Operating Procedures and the organisation's documented guidelines and planning to ensure minimal environmental impact

• establishing functional groups, facilitating groups of clients and dealing effectively with conflict

• applying weather information to the conduct of outdoor recreation activities

• recognising potential risks and emergency situations and taking action where required

• independently guiding outdoor recreation activities within defined contexts acting according to clearly defined Standard Operating Procedures and the organisation's documented guidelines

• independently instructing outdoor recreation skills within a defined range of operations within clearly defined contexts

• applying specialist skills to enhance the conduct of outdoor programs, such as skills in adventure-based facilitation, interpretation, tour guiding, providing care and support for persons with a disability or special needs.


• providing technical advice and some leadership in resolution of specific problems

• working within clearly defined contexts (e.g. site-specific situations) conducting activities on programs

• performing other associated tasks, acting according to clearly defined Standard Operating Procedures and the organisation's documented guidelines

• working as an assistant with a more experienced leader in potentially non-routine or more complex activities and programs.

LEVEL 4 (100%)


(a) has completed a Certificate IV in Sport and Recreation with relevant specialisations or a Certificate IV in Outdoor Recreation or who demonstrates equivalent skills and knowledge; or

(b) has completed either a Certificate III in Sport and Recreation with relevant specialisations or a Certificate III in Outdoor Recreation and who has completed service equivalent to three years in the industry at Level 3; and

(c) has a current Senior First Aid Certificate; and

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(d) has skills to independently participate in several outdoor recreation activities and to guide or instruct those activities or to complement those skills with specialist skills from non-activity areas; and

(e) provides general assistance to employees of a higher grade, and is primarily engaged in one or more of the following:

• planning outdoor recreation activities which occur at a diversity of locations and/or for extended periods (three days or more) and where extreme environmental conditions could potentially occur

• identifying and recording the potential risks and hazards in an activity, evaluating risk analysis and risk management plans and developing management strategies to lessen the potential impact of risks

• developing non-instructional programs to cater for a diversity of needs and different program goals incorporating outdoor adventure activities and applying adventure programming principles

• coordinating responses to emergency situations

• providing first aid to a casualty in a remote or isolated area and managing their care over an extended period of time until the provision of medical assistance or evacuation of the casualty

• providing leadership to groups

• identifying resource requirements and usage trends, organising maintenance programs, and developing recommendations re the use and improvement of resources

• guiding outdoor recreation activities within a broad range of varied contexts that may be complex and non-routine and require technical solutions of a non-routine or contingency nature, dealing with unpredictable and non-routine situations

• instructing outdoor recreation skills which may be complex and non-routine, requiring technical solutions of a non-routine or contingency nature

• applying specialist skills to enhance the conduct of outdoor programs, such as skills in adventure-based facilitation, interpretation, tour guiding, providing care and support for persons with a disability or special needs.


• working independently at a broad range of venues with a variety of different client groups

• dealing with unpredictable and non-routine situations.

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LEVEL 5 (110%)


(a)

(i) has completed a Diploma of Sport and Recreation with relevant specialisations or a Diploma of Outdoor Recreation, or who demonstrates equivalent skills and knowledge; or

(ii) has completed either a Certificate IV in Sport and Recreation with relevant specialisations or a Certificate IV in Outdoor Recreation, and who has completed service equivalent to three years in the industry at Level 4; or

(iii)has completed a Bachelor Degree with relevant specialisations; or

(iv) demonstrates equivalent skills and knowledge;

(b) has a current Senior First Aid Certificate; and

(c) provides general assistance to employees of a higher grade, and is primarily engaged in one or more of the following:

• applying the principles of natural resource management to the planning and conduct of outdoor recreation activities

• coordinating facility and equipment acquisition and maintenance within an outdoor recreation centre/organisation

• evaluating policies and procedures for outdoor recreation organisations

• reviewing outdoor recreation ethics and philosophies in order to develop a personal ethic and philosophy

• guiding outdoor recreation activities requiring complex technical operation and/or management, coordination or organisation of difficult or challenging client groups and/or requiring the use of advanced technical, planning and leadership skills

• instructing outdoor activities at a level which requires substantial depth in some areas and which requires judgement in planning and selecting appropriate equipment, sequencing, services and techniques

• participating in outdoor activities requiring advanced specialist skills where judgement is required in planning and selecting appropriate equipment, sequencing, services and techniques

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• applying specialist skills to enhance the conduct of outdoor programs, such as skills to:

- design and facilitate adventure-based programs requiring advanced techniques

- work with government and other key stakeholders to develop recreation programs

- coordinate work in the disability sector, designing and adapting surroundings to group requirements and maintaining an environment designed to empower people with disabilities

- apply environmental principles to the design and maintenance of the built environment

- undertake open space planning and apply environmental legislation to natural resource planning

- achieve sustainable land management by conserving and re-establishing natural systems

- manage tourism operations by sourcing and packaging tourism products and services, preparing quotations and selling tourism products and services

- plan and develop ecologically sustainable and culturally appropriate tourism operations and implementing strategic product development initiatives

- provide appropriate services for young people, including responding to critical situations including risk of violence

- manage service response to young people in crisis and implementing procedures to enable young people to address their circumstances

Typical duties

- working as Senior Instructors/Guides, Operations Managers and Program Managers

- working in locations and/or in situations (eg, with difficult or challenging client groups) requiring the use of advanced technical, planning and leadership skills.

LEVEL 6 (145%)

A Level 6 employee means an employee appointed as such, who:

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(a)

(i) has completed an Advanced Diploma of Sport and Recreation with relevant specialisations and professional development; or

(ii) has completed a Bachelor Degree with relevant specialisations and professional development, or demonstrates equivalent skills and knowledge;

(b) has a current Senior First Aid Certificate;

(c) provides general assistance to employees of a higher grade, and is primarily engaged in one or more of the following:

identification of strategic change requirements and opportunities, the development of change management strategies and their implementation and evaluation

development of an organisation development plan, preparing the organisation for an on-going approach to its development and the implementation and maintenance of its organisational development process

evaluation of the aspects of employee relations impacting on managers at the strategic level; development and maintenance of a positive and productive workplace environment

review and development of appropriate planning tools for organisation redesign and the implementation and evaluation of those plans

provision of leadership in a diverse workplace where customers and staff are from a wide range of backgrounds

business mentoring to other individuals in industry or workplace

analysis and interpretation of relevant markets, capability assessment of the organisation and its existing and potential competitors and allies

confirmation of strategic direction, the development of detailed objectives and strategies, and the creation of measures and criteria to evaluate progress towards those objectives

Typical duties

• Section or specialist Manager within a larger organisation or Outdoor Centre

• Assistant Manager of an Outdoor Centre, organisation or business.

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LEVEL 7 (160%)

A Level 7 employee shall mean an employee appointed as such, who:

(a) has completed relevant post graduate qualifications (Graduate Certificate, Graduate Diploma, Masters Degree) and professional development or who demonstrates equivalent skills and knowledge;

(b) is primarily engaged in the following:

identifying training needs and training professional staff

monitoring and allocating resources for the outdoor centre or business

developing and implementing policy

marketing and promotion of the outdoor centre, business or organisation

managing a well organised and responsive office facility

managing and supervising staff

managing and coordinating projects

developing and implementing systems and procedures

implementing and monitoring continuous improvement systems and processes

monitoring quality control

Typical duties

• Manager within a larger organisation, business or Outdoor Centre.

Date post:	17-Oct-2020
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Tourism Industry Award 2010 · AWU and AWUEQ Draft Tourism Award 2010 – 16 March 2009 3 Part...

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