Registered and Licensed Clubs Award 2010 - Clubs Queensland

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Registered and Licensed Clubs Award 2010(c)(d)(e)(f)landscape gardeners and master gardeners;employees employed by an employer other than the club, where the employeroperates a golf pro shop, driving range or other golfing facility, or providesgolf coaching or other similar services, which are accessible to the generalpublic;thoroughbred, harness, trotting and greyhound racing clubs and theiremployees in relation to operations covered by the Racing Clubs Events Award2010; orclub honorary secretaries.4.3 This award does not apply to employees of employers who are covered by thefollowing awards:(a) Hospitality Industry (General) Award 2010;(b) Cleaning Services Award 2010;(c)Racing Industry Ground Maintenance Award 2010; or(d) Security Services Industry Award 2010.4.4 The award does not cover an employee excluded from award coverage by the Act.4.5 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (TransitionalProvisions and Consequential Amendments) Act 2009 (Cth)), or employers inrelation to those employees.[New 4.6, 4.7 and 4.8 inserted by PR994478 from 01Jan10]4.6 The award does not cover employees who are covered by a State reference publicsector modern award, or a State reference public sector transitional award (within themeaning of the Fair Work (Transitional Provisions and Consequential Amendments)Act 2009 (Cth)), or employers in relation to those employees.4.7 This award covers any employer which supplies labour on an on-hire basis in theindustry set out in clause 4.1 in respect of on-hire employees in classificationscovered by this award, and those on-hire employees, while engaged in theperformance of work for a business in that industry. This subclause operates subjectto the exclusions from coverage in this award.4.8 This award covers employers which provide group training services for apprenticesand/or trainees engaged in the industry and/or parts of industry set out at clause 4.1and those apprentices and/or trainees engaged by a group training service hosted by acompany to perform work at a location where the activities described herein arebeing performed. This subclause operates subject to the exclusions from coverage inthis award.[4.6 renumbered as 4.9 by PR994478 from 01Jan10]4.9 Where an employer is covered by more than one award, an employee of thatemployer is covered by the award classification which is most appropriate to the6 MA000058
Registered and Licensed Clubs Award 2010work performed by the employee and to the environment in which the employeenormally performs the work.NOTE: Where there is no classification for a particular employee in this award it ispossible that the employer and that employee are covered by an award withoccupational coverage.5. Access to the award and the National Employment StandardsThe employer must ensure that copies of this award and the NES are available to allemployees to whom they apply either on a noticeboard which is conveniently located at ornear the workplace or through electronic means, whichever makes them more accessible.6. The National Employment Standards and this awardThe NES and this award contain the minimum conditions of employment for employeescovered by this award.7. Award flexibility7.1 Notwithstanding any other provision of this award, an employer and an individualemployee may agree to vary the application of certain terms of this award to meet thegenuine individual needs of the employer and the individual employee. The terms theemployer and the individual employee may agree to vary the application of are thoseconcerning:(a)(b)(c)(d)(e)arrangements for when work is performed;overtime rates;penalty rates;allowances; andleave loading.7.2 The employer and the individual employee must have genuinely made the agreementwithout coercion or duress.7.3 The agreement between the employer and the individual employee must:(a)(b)be confined to a variation in the application of one or more of the terms listedin clause 7.1; andresult in the employee being better off overall than the employee would havebeen if no individual flexibility agreement had been agreed to.7.4 The agreement between the employer and the individual employee must also:(a)(b)be in writing, name the parties to the agreement and be signed by the employerand the individual employee and, if the employee is under 18 years of age, theemployee’s parent or guardian;state each term of this award that the employer and the individual employeehave agreed to vary;MA000058 7
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Registered and Licensed Clubs Award 2010 - Clubs Queensland

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