DETERMINATION

Fair Work Act 2009
s.156—4 yearly review of modern awards

4 yearly review of modern awards - Amusement, Events and Recreation Award 2010 - substantive claims
(AM2019/7)

AMUSEMENT, EVENTS AND RECREATION AWARD 2010
[MA000080]

Amusement, Events and Recreation Award 2010 – annual leave loading – golf industry-related coverage and classifications – award varied.

A. Further to the decision issued by the Full Bench of the Fair Work Commission on 9 April 2020 [[2020] FWCFB 1518], the Amusement, Events and Recreation Award 2010 is varied as follows:

1. By inserting the following definitions in clause 3.1 in alphabetical order:

golf professional means a qualified and current Full Member (Vocational) of the Professional Golfers Association of Australia

golf trainee means an individual formally undertaking the Professional Golfers Association’s Trainee Program, for the purposes of becoming a Full Member of the Professional Golfers Association of Australia

2. By deleting clause 4.2(a) and inserting the following:

(a) Amusement, events and recreation industry means the operation of:

(i) leisure and recreation facilities and centres;

(ii) sporting, exhibition, convention and amusement complexes;

(iii) theme parks;

(iv) heritage, tourism and cultural centres;

(v) museums and galleries;

(vi) zoos, animal parks and aquariums;

(vii) agricultural and horticultural shows;

(viii) carnivals and amusement parks;

(ix) ten pin bowling venues;

(x) go-kart racing venues;

(xi) amusement arcades, including video game and pinball parlours; and

(xii) golf facilities including but not limited to golf clubs, on-course and off-course golf shops and driving ranges.

3. By inserting clause 4.2(e) as follows:

(e) For the purpose of this clause, the amusements, events and recreation industry also includes golf facilities including but not limited to golf clubs, on-course and off-course golf shops and driving ranges.

4. By renumbering clauses 4.3(c)(iv) to (v) as clauses 4.3(c)(v) to (vi).

5. By inserting a new clause 4.3(c)(iv) as follows:

(iv) Registered and Licensed Clubs 2010

6. By deleting the table appearing in clause 14.1 and inserting the following:

7. By renumbering clauses 24.2 to 24.6 as clauses 24.3 to 24.7.

8. By inserting a new clause 24.2 as follows:

24.2 Annual leave loading

When an employee takes a period of paid annual leave or is paid for accrued leave on termination, the employee will be paid an annual leave loading of 17.5% of the base rate of pay for the period in addition to the payment required to be made under Division 6 of the NES.

9. By deleting the words “Usher and Event day attendant” appearing in clause B.2.3 and inserting “Usher, Event day attendant and Golf Trainee Year 1”.

10. By deleting the words “General hand (exhibition employees) and Game warden” appearing in clause B.3.2 and inserting “General hand (exhibition employees), Game warden and a Golf Trainee Years 2 and 3”.

11. By deleting clause B.7 and inserting the following:

B.7 Grade 6

An employee at this level may include a Head technician maintenance person, Restoration officer, Museum technician and Senior animal attendant or trainer. An employee at this level may also include an Assistant or Teaching Golf Professional who has completed the appropriate level of training and is engaged in assisting in the operation of a golf professional shop, delivering golf coaching, club-fitting and assisting in the operation and delivery of club events.

12. By inserting clause B.11 as follows:

B.11 Grade 10

An employee at this level may include a Golf Professional who has completed the appropriate level of training and is engaged in managing stock in a golf professional shop, retail sales and advice, developing and delivering golf coaching and club fitting programs, managing golf shop staff and managing time sheets, competition fields, cart fleets and the handicap system.

13. By updating cross-references accordingly.

B. This determination comes into operation from 1 June 2020. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect until the start of the first full pay period that starts on or after 1 June 2020.

DEPUTY PRESIDENT

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