Collective Employment Agreement Contents 3. Mutual Obligations Schedule B - Terms Relating to Rigger Attendants Schedule C - Terms Relating to Action Supervisor Schedule D - Terms Relating to Table Games Staff Schedule E - Irregular or Intermittent ("Casual") Employment Schedule F - Resolving Employment Relationship Problems This Collective Employment Agreement ("Agreement") is made under the Employment Relations Act 2000 and shall be binding on the signatory parties to it. 1.1 The parties to this Agreement are: 1.2 This Agreement binds and is enforceable by SKYCITY, SEA-Unite and the Employees covered by this Agreement. 2.1 SKYCITY’s vision is “to create fun and entertainment”. Employees agree that they will do everything they can in their jobs to help SKYCITY achieve this vision. 2.2 In return SKYCITY aims to provide Employees with: 2.3 SEA-Unite accepts that an Employee's role is to help SKYCITY create a fun and entertaining environment for its customers and a collaborative, team based environment for the business. 3.1 This Agreement covers all waged Employees who are members of SEA-Unite and work at the SKYCITY Auckland site in any of the jobs listed in Schedule “A”. 3.5 This Agreement will not apply to or will stop applying to Employees who are appointed or transferred to a new job that isn’t covered by this Agreement. 4.1 This Agreement takes effect from 1 July 2006 and will expire on 30 June 2008. 5.1 Given that at SKYCITY Auckland there are 2 unions with collective agreements covering the same waged employees and the position in Schedule C, SKYCITY will adhere to section 63 (3) of the Employment Relations Act. This means that in their first 30 days of employment, SKYCITY will provide a new employee with whichever of the collective agreements binds more of SKYCITY's employees in relation to the work the employee will be performing ("the predominant collective agreement"). 5.3 SKYCITY will give all new employees whose jobs are listed in Schedule "A", and "C" a copy of this Agreement and will give them a SEA-Unite application form at the same time other employment forms are given out. 5.4 If a new employee agrees, SKYCITY will inform SEA-Unite as soon as practicable that they have been employed. 6.1 Employees may be full-time, part-time, fixed term or casual. 6.2 A "Full-time Employee" is a permanent Employee who is regularly rostered to work: 6.3 A "Part-time Employee" is a permanent Employee rostered regularly for: 6.4 A "Casual Employee" is an Employee who works on a basis that is intermittent or irregular on an ‘as required’ basis to meet SKYCITY’s needs. 6.6 Casual Employees who have worked regular shifts for a period of at least three months may be required to choose either to become a full or part-time employee or to alter their hours so that they are working more intermittent or irregular hours. SKYCITY will place Casual Employees who choose to become full or part-time on a roster or shift pattern that matches as closely as possible the pattern they have been working and their service as a Casual Employee will be recognised by SKYCITY. 6.7 "Fixed Term Employee" means an Employee employed for a regular number of hours each week for a set length of time meet operational requirements. The Employee’s employment will end on a set date, or at the end of the specific need or project they have been employed for . Fixed term employment will not usually be for more than 12 months. 6.8 Schedule E refers to further terms applicable to casual and fixed term Employees. 6.9 This clause 6 does not apply to salaried Employees (and, in particular, those referred to in Schedule C). 7.1 Employees may agree with SKYCITY that they will work variable shift spans in any working week, rather than a set shift span every week. Where Employees agree to work variable shifts spans, SKYCITY will guarantee that each week they are not paid less than their contracted hours, apart from when they take unpaid leave during that week or an early out (those hours will be deducted from the contracted hours). Employees will be paid whatever is the greater between their contracted hours or the hours they have worked on the variable shifts in that week. 7.2 Under no circumstances will Employees be rostered to work a shift in excess of 12 hours in any 24-hour period. 7.3 If Employees are not working variable hours then their hours of work will be as classified in clause 6 above. 8.1 Subject to clause 3.4 anything in this Agreement (but not things required by law) may be varied for all or a section of the Employees, if SKYCITY and SEA-Unite agree. 8.4 An agreed variation will be put in writing and signed by SKYCITY and SEA-Unite. 9.1 Subject to clause 9.2 Employees’ duties will be those agreed at the time an Employee starts their job. When an Employee is at work they must spend their time doing their duties. 9.2 As well as doing their duties, Employees must follow all reasonable instructions and do any work they are asked to do that could be seen as part of their job, as long as this work isn’t a substantial change to their duties. Employees may be asked to do duties in which they are trained, skilled or experienced. 9.3 Employees will be told about minor changes to their duties before changes happen and they will be discussed with them. If SKYCITY wants to make a major change to an Employees’ duties it will consult with SEA-Unite and affected Employee/s before any changes are made. 9.4 If SKYCITY requires to transfer Employees to other duties it will make sure they are given enough training and skills to do that work safely and will make sure they are given supervision until they are skilled. 9.5 SKYCITY may need an Employee to work from time to time in a higher paid job within their department. If this happens the Employee will be paid either: 9.6 From time to time the Department of Internal Affairs, or appropriate regulatory body may issue directions or requirements in relation to the way some jobs are done. Where Employees duties could be substantially affected by changes suggested in this way, and SKYCITY has the opportunity to give input to the decision on the changes, it will consult potentially affected Employees about the suggested changes. 9.7 Licensed Employees must always have a Certificate of Approval as required by the Gambling Act 2003. Failure to get or keep a Certificate of Approval will result in immediate termination of employment. SKYCITY shall keep the original copy on file. 9.8 At all times Employees must inform SKYCITY immediately if they suffer from any circumstance, condition, disease or disability that stops them from safely or adequately carrying out all their duties. 10.1 10.1.2 Ordinary hours of work will be paid for at ordinary rates of pay. 10.1.3 “Pay week” means the week from Monday to Sunday. 10.1.4 “Shift span” means the total length of time of a shift, including the time taken for paid and unpaid breaks. 10.1.5 Full-time Employees are entitled to a break of at least 8 hours between the end of one shift span and the start of the next shift span. 10.1.6 If SKYCITY needs an Employee to work their next shift before they have had an 8-hour break, they will be paid time and a quarter for the second shift. 10.1.7 Employees will be told at the start of their employment what shift they will normally work. 10.2.1 Employees will work an average of 5 days each week. Ordinary hours of work will not be more than an average of 40 per week over a 4-week roster cycle. With the exception of Table Games employees each shift span will be 81⁄2 hours long including one half-hour unpaid break and Employees will receive 8 ordinary hours’ pay for each shift span worked 10.2.2 Employees employed to work on a roster of 5 x 8-hour shifts will be entitled to have an average of 2 full 24-hour days off work for every 5 days worked. Wherever possible these days off will be one after the other. 10.3 Full-time Employees - 10-Hour Shifts 10.3.1 Ordinary hours of work for Employees won’t be more than an average of 40 per week over a 4-week roster cycle. Each shift span will be 101⁄2 hours long including one half-hour unpaid break, with the exception of Table Games where the shift span will be 10 hours. Employees will work an average of 4 days per week over a 4-week roster cycle. 10.3.2 Employees employed to work on a roster of 4 x 10-hour shifts will be entitled to have an average of 3 full 24-hour days off work for every 4 days worked. Wherever possible these days off will be one after the other. 10.4 Full-time Employees - 11-Hour Shifts 10.4.1 Ordinary hours of work for Employees won’t be more than 44 per week. Each shift span will be 12 hours long, including 2 half-hour unpaid breaks. Employees will work 4 days per week. 10.4.2 Subject to the overtime section, Employees employed to work on a roster of 4 x 11-hour shifts will be entitled to 4 days off work for every 4 days worked. Wherever possible these days off will be one after the other. 10.4.2 Employees who work 11 hour shifts will be paid on a weekly basis as if they had worked 40 hours that week whether they work 3 or 4 shifts. Any unpaid absences in any pay week will be deducted from the 40 hours’ ordinary pay for that week. 10.5 Part-time Employees 10.5.1 For part-time Employees who were members of SEA-Unite as at 4 September 2006 the minimum time that such a part-time Employee may work in each shift will be 4 hours and their ordinary hours of work will be at least 8 hours each week. 10.5.2 For part-time Employees who joined SEA-Unite after 4 September 2006 the minimum time that such a part-time Employee may work in each shift will be 3 hours and their ordinary hours of work will be at least 8 hours each week. 10.5.3 Part time employees may be required to work more than 8 hours each week. At the time that an Employee starts work SKYCITY will agree with them the hours that they are available to work. 10.5.4 Prior to employing new staff within a department SKYCITY will, where appropriate, offer additional hours to existing part time Employees within that department, providing the hours are within the minimum and maximum hours specified for part-time Employees in clause 6.3 of this Agreement, the hours are paid at ordinary rates and the part-time Employee is considered by SKYCITY to be suitably skilled. 10.6 Breaks 10.6.1 Subject to clause 10.6.3, Employees are entitled to a half hour uninterrupted unpaid break after working for 5 hours. 10.6.2 In addition to the break in 10.6.1 but subject to clause 10.6.3, Employees are entitled to 2 x 15-minute paid breaks during each shift or, if working less than a full shift, one 15-minute paid break after working for 3 hours. Employees may however, in consultation with their Manager, choose to take 1 x 30 minute paid break instead of 2 x 15 minute paid breaks during their shift. Tower Employees may have to take these breaks within the Tower. SKYCITY will provide tea, coffee, milo, milk and sugar. Break times may be spread amongst Employees to meet operational requirements. 10.7.1 “Roster” means the weekly roster in which Employees’ start and finish times are set. 10.7.2 Rosters have to be designed to meet SKYCITY’s operating needs and to make sure that weekend and/or shift work within departments is distributed fairly amongst staff subject to the normal rostering protocols in specific departments. 10.7.3 SKYCITY will post rosters on notice boards within departments at least 7 days before the start of the roster. If SKYCITY needs to change individual Employees’ rosters it will make every effort to give Employees at least 48 hours notice, except in situations beyond SKYCITY’s control. 10.7.4 Employees must give SKYCITY at least 48 hours’ notice of wanting to change rosters and SKYCITY will try to meet individual Employees’ requests to change rosters. 10.7.5 Where an Employee covered by this Agreement works a regular pattern of work, SKYCITY will not make any significant changes to this pattern of work without good reason and consultation. SEA-Unite will be advised in advance of any significant changes to rosters which will affect a group of Employees covered by this Agreement. 10.8 Variation of Hours 10.8.1 Because of changes that affect its business, SKYCITY sometimes needs to alter rosters and hours of work. 10.9 Where there is not enough work for all Employees on a shift, SKYCITY may ask Employees if they wish to stop working early for that shift. Employees who volunteer for an Early Out will not be paid for the hours they do not work. 11.1 Overtime will be paid for at time and a quarter with the exception of any overtime worked between the hours of noon and midnight on 31 December (New Year’s Eve), which will be paid at time and a half. 11.2 All overtime must be authorised by the shift or departmental manager before it is worked by Employees. Authorisation must be in the way required by each department’s procedures. 11.3 Subject to clause 12, where an Employee works more than a total of work and paid leave of 40 hours in a pay week, and that time is authorised by the Employee's manager, the time worked over and above the 40 hours will be paid as overtime. 11.4 Employees will normally be able to choose whether or not to work overtime when they are asked to do so. However, during the Christmas and New Year’s period (i.e. from 22 December to 3 January inclusive) and on the occurrence of other exceptional events (as determined by SKYCITY), it may be necessary to require Employees to work overtime. If SKYCITY requires Employees to work overtime during these periods it will take into account the individual's personal and family needs and responsibilities as well as their general health and safety. In respect of exceptional events, SKYCITY will first of all ask for volunteers. If not enough people volunteer for overtime SKYCITY will give Employees 2 weeks' notice of its requirement for them to work overtime, and they will not be required to work more than 4 hours overtime on any day. Exceptional Events will be business wide and will require the sign-off of the General Manager Gaming and General Manager Attractions and Support Services as well as HR. 11.5 Where Employees are required to come to work on a rostered day off for any reason, they will be paid for the time that they were required to come to work for at the appropriate rate, provided that will always be paid for a minimum of 3 hours. This clause is subject to clause 10.9 above, so that if an Employee volunteers for an Early Out the Employee will not be paid for the hours he or she does not work. 11.6 If the Employee is asked and agrees to work extra hours in addition to the Employee's rostered shift on any day, the Employee will be paid for the hours that he or she were asked and agreed to work for at the appropriate rate. This clause is subject to clause 10.9 above, so that if you volunteer for an Early Out you will not be paid for the hours you do not work. 11.7 Full-time Employees - 8 or 10-Hour Shifts 11.7.1 Time authorised by SKYCITY to be worked more than a combined total of work and paid leave of 40 hours per week where the roster cycle is 5 on/2 off or 4 on/3 off within a pay week will be considered overtime. 11.8 Full-time Employees - 11-Hour Shifts 11.8.1 Time authorised by SKYCITY to be worked more than the hours rostered and taken as paid leave in any pay week will be considered overtime. 11.9 Part-time Employees 11.9.1 Time authorised by SKYCITY to be worked over a combined total of work and paid leave of 40 hours per week (Monday - Sunday) will be considered overtime. 12.1 Employees who apply for, and are appointed to, a second job at SKYCITY in addition to their main position will be paid for the hours worked in the second job at the ordinary time rate applicable to the second job, unless they work in your second job for more than 40 hours in a pay week, in which case you will be paid overtime as set out in clause 11.1. The overtime must be authorised in accordance with clause 11.2. The hours worked in the Employee's main position are not added to the hours in the Employee's second job when calculating whether overtime should be paid. top 13.1 The minimum wages and benefits for Waged Employees’ jobs will be as written in this Agreement and its schedules. 13.2 Wages will be paid weekly by direct credit to Employees’ nominated bank accounts. 13.3 Deductions may be made from Employees’ wages if they are absent from work, without an entitlement to leave or without authorisation or where an Employee does not return SKYCITY property, or for any other reason requested in writing by Employees and approved by SKYCITY. 13.4 Full-time Employees will be given medical insurance at a level of cover and with a provider to be decided by SKYCITY, or an alternative benefit of equal value to be decided by agreement between the Employee and SKYCITY. 13.5 All Employees will be given access to subsidised parking and meals in the staff cafeteria. Should SkyCity propose to raise charges on any of these services they shall consult with SEA-Unite prior to a decision being made. Should road tolls be introduced during the term of this Agreement the parties shall meet to discuss the matter. 14.1 Employees’ performance may be reviewed at least once a year and the review will be based on the Employee’s performance against the requirements of their role. Reviews will be carried out following SKYCITY’s policy for performance reviews. 15.1 SKYCITY will abide by any current legislation regarding Annual Leave. At the time of implementation of this agreement that legislation is the Holidays Act 2003. The conditions of that legislation are set out below. If there is a change to the legislation during the life of this agreement at least the minimum requirements of the new legislation will be applied to your agreement. 15.2 After completing 12 months’ continuous service Employees will be entitled to 3 weeks’ annual leave (pro-rata for part-time Employees). 15.3 For the purposes of this section a "week" means 4 shifts for full-time Employees employed on 10 or 11-hour shifts, and 5 shifts for full-time Employees employed on 8-hour shifts. 15.4 Until 31 March 2007, at the end of an Employee's fifth year at SKYCITY they will receive an additional week’s annual leave and will then accrue annual leave at the rate of 4 weeks per year instead of 3. 15.5 From 1 April 2007 all Employees will accrue annual leave at the rate of 4 weeks each year pursuant to the Holidays Act 2003. From that date Employees will receive a single allocation of 1 week’s additional leave, or its cash equivalent at the end of their 5th year of employment at SKYCITY. This leave is a one-off allocation to recognise the five years' service. It is not added to the Employee's annual entitlement, which will remain at 4 weeks. This leave must be taken within 12 months of the Employee receiving it. 15.6 An Employee will be paid for any annual leave in the pay period(s) that relate to that period of leave. If the Employee wishes to be paid for any annual leave before starting the leave the Employee may do so, providing the Employee gives 7 days prior written notice asking for the payment of holiday pay. 15.7 Employees are entitled to take a single block of two weeks’ leave in any year. 15.9 Employees who were employed at SKYCITY on 11-hour shifts before 1 September 2002 and had a “week” treated as 5 shifts will now accrue leave as described in clause 15.2. However, they will be entitled to accrue shift based leave and while they continue to work a pattern of 2 days/2 nights SKYCITY will grandparent an additional shift’s leave each year, so that they can earn a combined total of 15 shifts’ annual and shift based leave each year for continuous service of less than 5 years and 19 shifts for continuous service of more than 5 years. 15.10 The way in which annual leave is managed is outlined in SKYCITY's Policy Manual. SKYCITY may limit the number of employees who may take leave during time of peak customer attendance such as Christmas and Easter. 15.11 After Employees have been employed at SKYCITY continuously for 12 months they shall be entitled to take annual leave on their birthday provided that the Employee gives at least 14 days notice. This leave is part of their usual annual leave entitlement 15.12 Leave Planning 15.12.1 SKYCITY understands the importance of Employees being able to plan their leave. In order to assist with this Employees will be provided with a leave planner during January showing their individual leave entitlement, public holidays, religious holidays, school holidays and periods of limited leave availability. The leave planner will be for the period 1 March to 28 February. 16.1 As well as other leave provided for in this Agreement , Employees who work a shift, or any part of a shift that falls between the hours of 2300 and 0600 hours, Employees will be entitled to earn additional leave as follows: 16.3 Employees can take shift based leave for any purpose in 1⁄4 hour blocks as it accrues. Employees can apply to have shift based leave cashed up. A minimum 4 hour block is required for cashing up. 17.1 As with Annual Holidays, SKYCITY will abide by any current legislation regarding Public Holidays. At the time of implementation of this Agreement that legislation is the Holidays Act 2003. The conditions of that legislation are set out below. If there is a change to the legislation during the life of this Agreement at least the minimum requirements of the new legislation will be applied to the Agreement. 17.2 In addition to annual leave, Employees are entitled up to 11 whole public holidays each year on pay in accordance with the Holidays Act 2003, to be taken on days that would otherwise be working days as agreed between the Employee and SKYCITY. Leave will be paid at the Employees “relevant daily pay” rate (i.e. the amount the Employee would have received had they worked their usual hours that day, including regular productivity, commission and overtime payments). 17.3 Pursuant to the Holidays Act 2003, if the Employee’s Manager requires them to work on a public holiday the Employee is entitled to time and a half the relevant daily pay for all hours worked on that day, plus a full paid day off as an alternative holiday, paid at the “relevant daily pay”. Subject to clause 17.5 below, if an Employee’s rostered day off falls on a public holiday, they will be granted a paid alternative holiday. 17.4 The Employee’s alternative holiday must be taken by agreement with SKYCITY management. If no agreement can be reached the Employee must give 14 days notice and take into account SKYCITY’s view as to when it would be convenient to take the alternative holiday. If the alternative holiday is not taken within 12 months the Employee may request to cash it up. 17.5 Where an Employee’s normal days of work are Monday to Friday, with Saturday/Sunday off, a public holiday, other than those over Christmas and the New Year, falling on the Employee’s normal days off will not entitle the Employee to a paid alternative holiday. 17.6 The public holidays over Christmas and the New Year have special arrangements, namely: 17.7 For the avoidance of doubt Casual Employees are not entitled to a paid alternative holiday if they work on a public holiday. top 18.1 After six months continuous service Employees are entitled to 7 days sick leave in the following twelve-month period and then seven days each 12 month period after that (pro-rated for part-time employees, but to not less than 5 days per year). 18.2 Sick leave that is not used during each year may be accumulated up to 40 days for use during employment. 18.3 Sick leave may be taken when: 18.4 SKYCITY may require an Employee to produce a medical certificate either: 18.5 This leave is in substitution for and not in addition to the sick leave set out in the Holidays Act 2003. Sick leave will not be paid out on termination of employment. 18.6 Employees will not be disciplined or disadvantaged in performance reviews, training or promotions for taking sick/domestic leave for the purposes of the genuine sickness of themselves or their partner, dependent child, parent or partner’s parent. 18.7 In addition, Employees will not be disciplined or otherwise disadvantaged for taking leave without pay for the purposes of genuine sickness of themselves or their partner, dependent child, parent or partner’s parent (in addition to their sick leave entitlement), providing that such leave without pay does not exceed two weeks’ leave without pay per leave year. 18.8 Sick leave will be paid at the Employee's “relevant daily pay” rate. 19 BEREAVEMENT/TANGIHANGA LEAVE 19.1 Employees should have a reasonable opportunity to pay their respects to a person who has died and to whom you were close and to meet any responsibilities you may have as a result of the bereavement. Those responsibilities may be because of blood or family ties or because of cultural requirements, for example, attending all or part of a Tangihanga or something similar from a different culture. 19.3 A decision must be made as quickly as possible so that the Employee is given the maximum time possible to make any arrangements necessary. In most cases the necessary approval will be given immediately, but it may be given retrospectively where necessary. 19.4 If paid leave is not appropriate, then annual leave or leave without pay should be granted, but as a last resort. 19.5 SKYCITY may require some proof when paid bereavement/tangihanga leave if requested. The Employees manager can request that this be produced upon return from bereavement leave, where it would be insensitive to demand proof whilst the Employee is obviously grieving. Such proof will only be required where a manager has genuine reason to doubt the authenticity of the claim. 19.6 This leave is in substitution for and not in addition to the bereavement leave set out in the Holidays Act 2003. 19.7 Bereavement/Tangihanga leave will be paid at the rate of the Employee's “relevant daily pay”. 19.8 Employees who need any further information about any of the provisions of the Holidays Act 2003 can get it from the Department of Labour on: 0800 800 863; or www.dol.govt.nz. 20.1 Employees are entitled to Parental leave in accordance with the Parental Leave and Employment Protection Act 1987. 20.2 In addition to paid parental leave provided by legislation, Employees who are the primary caregiver and take parental leave are entitled to a payment equal to one week’s ordinary wages at the time they start parental leave, and a payment equal to one week’s ordinary wages when they return to work at SKYCITY after parental leave. 20.3 The Parental Leave and Employment Protection Act 1987 currently provides for: 21.1 If an employee is called for Jury Service and it is important, because of the nature of SKYCITY’s business, that they work instead, SKYCITY may agree to make a joint application to the Court asking for the Employee to be excused from service. 21.2 If, however, the Court does not excuse the Employee, or if it is acceptable for them to complete Jury Service, the Employee will be granted Jury Service leave as follows: 22.1 SKYCITY aims to achieve best practice in looking after the health and safety of all Employees. 22.2 Employees must do their best not to harm themselves or other people and must follow all SKYCITY health and safety policies and practices and do what is required by health and safety law. 22.3 SKYCITY will operate health and safety policies and practices that: 22.4 Employees who become aware of any hazards or any accident or incident that happens at work must report that as soon as possible to their supervisor/manager. 22.5 If Employees suffer illness or injury, whether work-related or not, SKYCITY will take steps to provide a rehabilitation programme. The programme will promote and provide, whenever possible, the means for ill or injured Employees to remain in or return to the workforce as soon as possible. Employees must actively participate in an agreed and approved rehabilitation programme. 22.6 Cleaning Services Attendants, Security Medics, Plumbers, Electricians, Trades Assistants and any other Employees who may be at increased risk of exposure to Hepatitis A and B because of the nature of their jobs will be offered free immunisation at SKYCITY’s expense. 22.7 For tasks that may place Employees at risk of Hepatitis or other communicable diseases Employees will be provided appropriate training and protective equipment such as gloves, disposable coveralls and disposable masks. 22.8 Two days paid training for elected representatives at a Health and Safety course approved by SKYCITY will be allowed in each year. SKYCITY will not unreasonably withhold consent. top 23.1 All forms of workplace harassment are unacceptable at SKYCITY. Employees may not harass other employees, suppliers or customers. If they do they may be disciplined up to and including dismissal from employment. 23.2 "Workplace harassment" is verbal, written, physical or pictorial behaviour of a sexual nature or based on a person’s race, colour, culture, national or ethnic origins, sex, pregnancy, disability, marital status, sexual orientation, family status, political belief, religion, age or union affiliation that is unwelcome or offensive to that person. It may occur from the behaviour of work colleagues, managers, suppliers or customers. 23.3 SKYCITY will operate a harassment prevention programme to reduce the likelihood of workplace harassment occurring to or from Employees. This harassment prevention programme will include the following: 24 EQUAL EMPLOYMENT OPPORTUNITY 24.1 SKYCITY is committed to policies that prevent discrimination in the workplace on the grounds of race, colour, culture, national or ethnic origins, sex, pregnancy, disability, marital status, sexual orientation, family status, political belief, religion, age or union affiliation and will promote equal employment opportunity for all Employees. 25.1 SKYCITY has policies in place about Employees’ employment at SKYCITY. SKYCITY will make sure Employees can easily find out about policies, and Employees must make sure they know about the policies and follow them. Policies must not conflict with provisions of this Agreement. 25.2 SKYCITY may change policies from time to time as long as it gives reasonable notice to Employees. SKYCITY will consult with SEA-Unite and Employees if it wants to make substantial changes to policies. 26.1 Employees may not game at any premises owned or operated by SKYCITY Entertainment Group or any of its subsidiaries. This includes all properties owned at the time this agreement comes into force and all properties acquired or built during the term of this agreement. 27.1 All business information belonging to SKYCITY is confidential. This includes information about customers, products and work methods. During Employees’ employment, and after termination, they must keep secret all confidential information they come to know about while working at SKYCITY. 27.2 This clause does not stop Employees from using their general knowledge, experience and skills for employment after they leave SKYCITY. 28.1 An Employee’s employment may be terminated by either the Employee giving one week’s notice in writing or by SKYCITY giving the employee giving one week’s notice in writing. SKYCITY may decide to pay an Employee the one weeks notice rather than have them work out their notice period. 28.2 If an Employee is dismissed for serious misconduct, their employment may be terminated without notice or any payment instead of notice. 28.3 If an Employee is absent from work for a period of 3 or more consecutive shifts and fails to contact SKYCITY and provide a reasonable explanation for their absence, they will be considered to have abandoned their employment and SKYCITY will terminate their job without notice or any payment instead of notice. 28.4 When employment ends Employees must return to their manager all SKYCITY property in their possession. 28.5 If Employees owe any outstanding debts or monies, SKYCITY may withhold the amount the Employee owes from their final pay, including from their holiday pay. 29.1 "Redundancy" is a situation where an Employee’s employment is terminated by SKYCITY because the Employee’s position has become surplus to SKYCITY’s requirements. 29.2 Employees will be paid compensation for redundancy as follows: 29.3 SKYCITY recognises the serious consequences that the loss of permanent employment can have on Employees and will try to minimise this by placing the Employee in another position (redeployment) and/or retraining of Employees wherever possible. It is agreed that it is better if possible that Employees be encouraged to remain in employment within SKYCITY, rather than be paid redundancy pay. SKYCITY will make every effort to identify suitable redeployment opportunities in accordance with the clauses below. 29.4 If an Employee is offered an alternative position they will not be entitled to redundancy compensation if that job is on the same or better wages, if they are able to carry out the role and if the role is reasonable given their skills, capabilities and experience (regardless of whether or not they accept that offer). 29.5 In addition, if an Employee is offered and accepts an alternative position (even if that position is on less wages) the Employee will not be entitled to redundancy compensation. 29.6 However, if an Employee is offered and declines an alternative position which is on less wages or which is not reasonable given their skills, capabilities and experience, they will be entitled to redundancy compensation in accordance with clause 29.2 above. 29.7 SKYCITY will advise SEA-Unite about any proposed redundancy situation likely to affect SEA-Unite members, and the likely number of employees affected. SKYCITY will consult with SEA-Unite about such a redundancy proposal and any alternatives. The consultation will include the process for selection for any alternative roles which may be available. 29.8 Employees who are made redundant will be given a minimum of four weeks' notice of the termination of their employment or payment in lieu of notice. 29.9 In order to help Employees deal with problems associated with the loss of permanent employment, SKYCITY will make individual employee assistance counselling available as soon as they are told about their redundancy. 29.10 If Employees are made redundant they will be allowed paid time to go to interviews for a new job, as long as they first get permission from SKYCITY. 29.11 SKYCITY will supply written certificates of service at the Employee's request. 29.12 Where an Employee’s employment is terminated because of the sale, transfer, merger, amalgamation or reorganisation of the whole or part of SKYCITY’s business so that there is a new employer, SKYCITY will be under no obligation to pay compensation for redundancy if the new employer has offered the Employee employment in the same or a substantially similar job on no less favourable terms of employment and has offered to treat service with SKYCITY as if it were continuous service with the new employer. 29.13 Your entitlements and the process that will apply in the event of a restructuring are set out in the Employee Protection Provision in clause 31 below. 30 CONTRACTING OUT OF SERVICES 30.1 Where an Employee's job ceases to exist as a result of the contracting out of all or part of SKYCITY’s business, SKYCITY will make reasonable endeavours in good faith to ensure that they will be offered employment in the same or a substantially similar position on no less favourable terms of employment and with a recognition of their service being continuous. 31 EMPLOYMENT PROTECTION PROVISION 31.1 This clause applies to a restructuring (as defined in Section 69L of the Employment Relations Act 2000). For all employees performing cleaning or food catering services (ie staff who do catering for functions and banquets) the following terms are applicable: 31.2 For the purpose of this clause only, the phrase "new employer" means the person who the contract or business will be transferred too. 31.3 Employees have the right, in law, to choose to transfer to employment with the new employer on the same terms and conditions of employment and ongoing service. 31.4 Before a restructuring takes place employees will be able to decide, within a reasonable timeframe specified by SKYCITY, whether or not they wish to transfer to the new employer. 31.5 If employees wish to transfer to the new employer, they will become an employee of the new employer from a date to be agreed by them and SKYCITY or from when the restructuring takes effect. From that date, their terms and conditions of employment as contained in this agreement will continue to apply, their previous service to SKYCITY will be recognised, and they will not be redundant. 31.6 If an Employee does not wish to transfer to the new employer, that will be their choice but they will not be entitled to redundancy notice or compensation and SKYCITY will have no obligation to find them an alternative role. Clause 29.3 will not apply in these circumstances. For all other employees 31.7 In the event of such a restructuring affecting an employees position, SKYCITY shall, as soon as is reasonably practicable, taking into account the commercial and confidentiality requirements of the business, commence negotiations with the other party involved in the restructuring (the "Other Party") concerning the impact of the restructuring on them. 31.8 In those negotiations, SKYCITY will, subject to any statutory, commercial confidence or privacy issues, provide the Other Party with all information about the employees who will be affected by the restructuring, including all details of their terms and conditions of employment, and it will encourage the Other Party to offer all affected employees, employment on terms and conditions of employment which are no less favourable than they currently enjoy with SKYCITY. 31.9 However, whether the Other Party offers them ongoing employment and on what terms and conditions, will ultimately be the decision of that Other Party. 31.10 In the event that the Other Party does offer them employment in the same or a substantially similar position on no less favourable terms of employment and the Other Party has offered to treat their service with SKYCITY as if it were continuous service with it, then they will not be entitled to notice or any redundancy compensation from SKYCITY, whether or not they accept that offer. 31.11 However, if they are not offered employment or are not offered a position on the basis set out in clause 31.10, then the provisions of clauses 29.3, 29.4, 29.5 and 29.6 will apply and SKYCITY will look for an alternative position for them. If no alternative position is found then they will be given notice of termination and redundancy compensation as per clause 29 of this Agreement. 32.1 SKYCITY recognises that SEA-Unite delegates are the authorised representatives of their union members on the worksite. 32.2 Authorised representatives of SEA-Unite are entitled to enter SKYCITY premises at all reasonable times to speak with a SEA-Unite member for purposes related to their employment or Union business. Union representatives will exercise such access in a reasonable way having regard to normal business operations 32.3 SEA-Unite may hold paid union meetings of its members for up to a total of 4 hours per calendar year provided that: 32.4 Union members are entitled to one further paid union meeting of up to 2 hours per calendar year to attend SEA-Unite’s Annual General meeting, provided that the conditions outlined in clause 32.3 are met 32.5 SEA-Unite may claim up to a total of 30 hours per week of paid time for SEA-Unite delegates to attend meetings with other Union delegates and to represent Union members, as long as reasonable prior notice is given to their supervisor/manager, their attendance will not cause undue disruption to the business operations and no single delegate undertakes more than 8 hours per week of such union business. Such "paid time" will be at the Employees ordinary rate of pay. 32.7 In addition to the provisions of 32.4, where SKYCITY agrees it is appropriate for Union delegates to have paid time off work to do Union work on or off the job, SKYCITY will facilitate paid release of delegates from normal duties provided their attendance will not cause undue disruption to the business operations. Extra time off may be given to prepare and participate in collective agreement bargaining. 32.8 At the request of a SEA-Unite member, a SEA-Unite representative may represent that member in a disciplinary meeting and in relation to any employment relationship problem. 32.9 Union delegates will have access to a union office, a noticeboard on which to post communications to their members, a telephone with voicemail and email facilities. 32.10 The parties recognise that consultation between SKYCITY, Employees and the onsite unions is desirable on matters of mutual concern and interest. SKYCITY accepts that elected SEA-Unite delegates are the recognised channel of communication between SEA-Unite and SKYCITY. SKYCITY agrees to inform SEA-Unite in writing of any review or process that might result in surplus staffing, or changes to departmental roster patterns. SEA-Unite delegates in affected areas will also be informed. Where SEA-Unite advises a wish to contribute to the review, adequate time for consultation with SKYCITY will be allowed to enable SEA-Unite to have substantive input. Where the implementation of an option identified by a review may result in staff surplus, the redundancy provisions in this Agreement will apply. 32.11 SKYCITY will release Employees bound by this Agreement on paid employment relations education leave in accordance with the provisions of the ERA. 32.12 SKYCITY will deduct Union fees from wages of Union members bound by this Agreement where SEA-Unite confirms the Employee has given express written consent to SKYCITY making that deduction. This also includes deductions for periods during time off work or on paid leave. For new Employees who join SEA-Unite written authorisation for deductions will be required. 32.12.1 SKYCITY will pass on all deducted fees to SEA-Unite not less than monthly on or before the 20th of the month following deduction. Such remittance is to be made as a single direct credit to SEA-Unite’s bank account with an identifying reference. 32.12.2 SKYCITY will at the same time forward to SEA-Unite via email a schedule detailing the names of the Employees for whom the deductions were made. 32.13 Delegates have the right to apply for unpaid leave for period of up to 6 weeks to work for SEA-Unite, when considering such requests SKYCITY will take into account operational requirements. Delegates will retain all service-based entitlements including CEI upon their return to SKYCITY. 33.1 Where SKYCITY considers it necessary for the protection of its operational and business interests, it may require Employees to carry out reduced or alternative duties consistent with their abilities or remain away from work, on your ordinary rate of pay, while it conducts an investigation into their conduct or performance as an Employee. 34.1 SKYCITY may, at its expense, require Employees to undergo a medical examination by a doctor nominated by SKYCITY (after SKYCITY has considered their wishes in respect of the doctor), and a copy of any medical report provided by the doctor shall be available to both parties. For the avoidance of doubt, SKYCITY may exercise this right for the purposes of: 34.1.2 determining whether an Employee employment should be terminated for incapacity; 34.1.3 assessing an Employees fitness for work and/or return to work after a period of sick leave; or 34.1.4 obtaining a second opinion where an Employee has provided a medical certificate/report. 35.1 The Employee agrees not to enter into any contracts, business interests and/or activities which may: 35.1.2 reflect adversely on SKYCITY's business or its public perception; or 35.1.3 impact adversely on the Employee’s ability to carry out his or her duties 36 EMPLOYMENT RELATIONSHIP PROBLEMS 36.1 Employment relationship problems will be dealt with in accordance with the procedure in Schedule F of this Agreement. 37.1 Employees who are bound by this agreement who later become a member of the Service and Food Workers Union will no longer be covered by the terms of this Agreement but will be employed on an individual employment agreement based on the terms of this Agreement (or any variation made between the employee and SKYCITY) until 60 days prior to the expiry of the SFWU collective agreement. In accordance with the Employment Relations Act, at this 60 day point, the employee will become covered by the SFWU agreement, and the terms and conditions of that agreement (including the pay rate applicable to their position i.e. they will no longer receive the pay increase provided for when they agreed to this agreement). 38.1 Unless otherwise stated in the Agreement, nothing in the Agreement will operate so as to reduce any individual entitlements of Employees covered by this Agreement. Signed for and on behalf of SKYCITY Management Ltd: SCHEDULE A
* A Working Party will be established to consider security and surveillance issues raised in negotiations, including the potential phasing out of the Ambassador position. SCHEDULE B
2. Levels are progressive and must be achieved in order. SCHEDULE C 1.1 Employees will work a minimum of 80 hours each fortnight (being Monday to Sunday), unless they are employed in a part time position, in which case the hours stipulated in their letter of agreement will apply. 1.2 Employees may be required to work ordinary daily hours of 11 per day, excluding breaks. If this is the case the Employee’s ordinary hours of work will not be less than 88 per 16 day period. 1.3 Subject to clause 17.3 in the body of this Agreement an Employee’s salary is payment for the overall performance of the position and all the hours worked. 1.4 To suit the operational needs of the Company an Employee’s hours of work may be altered. Employees will be given reasonable notice of any changes. 1.5 Additional hours may only be worked on a rostered day off by agreement between an individual Employee and SKYCITY. However, SKYCITY may require Employees to work additional hours during the Christmas and New Year period and on the occurrence of other exceptional events (taking into account the considerations set out in clause 11.4). 1.6 Every effort shall be made to avoid excessive additional hours of work and to ensure that additional hours of work are reasonable. This is a joint responsibility between SKYCITY and the Employee. 1.7 “Reasonable hours” of work will vary from Employee to Employee depending on circumstances such as: 1.8 If an Employee is required to work at least one half of one full shift (i.e. half one day’s ordinary hours of consecutive additional hours) they will be entitled to time off in lieu equivalent to the time worked. Such time in lieu is to be taken at a time convenient to SKYCITY with due regard being taken of the Employee’s wishes. 1.9 If an Employee considers their hours of work to be unreasonable they are encouraged to discuss their concerns with their manager, the Employee Advocate or Human Resources. 2. REMUNERATION – SALARY AND BENEFITS 2.1 The Employee's salary and benefits are set out in the Employee’s personal letter, but shall not be less than the minimum rates in clause 2.3 of this Schedule C. Their base salary is payable fortnightly by direct credit to the Employee’s nominated bank account. The Employee’s salary is subject to annual review with effect from the 1 October each year based on their performance as assessed in accordance with Company policy. SKYCITY does not have to increase the salary of the Employee. 2.2 Deductions may be made from an Employee's salary in accordance with clause 13.3 of the Agreement. 2.3 The minimum salary for the salaried Employee is:
3.1 Clause 28.1 of the Agreement shall apply where the Employee’s employment is terminated by either SKYCITY or the Employee on notice, except that a four week notice period will apply. 3.2 In the event that either the Employee or SKYCITY gives notice of termination, SKYCITY may require the Employee to perform all or some of their duties during this period, or to remain away from work during the notice period. If this occurs, the Employee will remain an employee of SKYCITY until the end of the notice period, and therefore will continue to be bound by the terms of this Agreement. 3.3 SKYCITY may elect to have the Employee removed from the site immediately upon termination if the circumstances warrant. 3.4 All other provisions of clause 28 will apply. 4.1 .All ideas, concepts, copyright, inventions, patents, trademarks or other processes developed or created by the Employee arising from or in connection with the activities of the Company shall be the sole property of the Company and the Employee shall take whatever steps are required to ensure that such property and all entitlements vest fully in SKYCITY 5.1 In accordance with the Casino Control Act, Employees holding a Certificate of Approval shall not solicit or accept any tip, gratuity, consideration or other benefit from any person(s) (including, but not limited to players and customers) other than SKYCITY in payment for any matter or thing concerned with their duties. 5.2 In respect to all other Employees, the Company policy relating to the non-solicitation and acceptance of gratuities shall apply, as outlined in the Company policy and procedures manual. 6.1 Subject to the Company Policy clause in the body of this Agreement, SCHEDULE D: TABLE GAMES 2.1 At the time new employees commence employment, they will be informed what their normal start time (or start times, where a combination) will be, and what their normal week's roster will be. Existing Employees will remain on their current start time and roster, unless any changes are made pursuant to this clause. 2.2 Unless otherwise agreed the shift span for Full Time Table Games Employees will be either 8 or 10 hours long. Full Time employees on an 8-hour shift will receive 8 ordinary hours' pay for each shift span worked and Full Time employees on a 10 hour shift will receive 10 ordinary hours' pay for each shift span worked 3. OVERTIME 3.1 Time authorised by SKYCITY to be worked more than a combined total of work and paid leave of 40 hours per week within a pay week will be considered overtime. Any hours spent in paid training pursuant to clause 8 of this Schedule will not be taken into account for overtime purposes. 4. ANNUAL LEAVE 4.1 For full time employees, in relation to annual leave a “week” means 40 ordinary hours. 5. BREAKS 5.1 Table Games Dealers are entitled to a 20-minute break after working for 80 minutes, depending on breaks being spread among all Dealers so that there is adequate cover. A game must be completed before they take their break. The first 20-minute break may fall within the first 80 minutes of their shift. Table Games Supervisors will work the same break system as a Dealer, or they will be entitled to a 30 minutes break after working for 2 hours. 7. REMUNERATION 7.1 Dealers or Dealer Higher Duties employees who have completed training in an additional approved major game will be moved to the applicable minimum rate after they have completed 100 hours in the additional major game, or after 3 months, whichever occurs sooner. 7.2 Poker as a major game may require the completion of an agreed amount of tournament dealing hours and will not be subject to the aforementioned 3 month timeline. Where an employee is not able to achieve the tournament dealing hours due to hours of work they will move to the rate following 4 months dealing. Current agreed tournament hours for Poker will be 20, but may change from time to time. The Poker package will include Caribbean Stud and 3 Card poker in addition to Texas Hold ‘em. 8.1 To meet customer demand, staffing and operating needs, SKYCITY may approve Employees undertaking inhouse training on a new game. In the event of such approval, Employees may be required to undertake training outside their normal rostered hours at times to be determined by SKYCITY, and they will receive their ordinary hourly wage rate for the hours spent in undertaking the training. Where possible training will be conducted within normal rostered hours. 9. DUTIES 9.1 Dealer Higher Duties 9.1.1 Dealer Higher Duties Employees will not be required to Supervise play in the Pacific/VIP Room. Supervision of VIP play will be on a voluntary basis only. Upon application SKYCITY will make selection decisions for work within the VIP area based upon the experience and capability of each individual. 9.1.2 Dealer Higher Duties Employees will not be permitted to Supervise International play. 9.2 Gaming Supervisors 9.2.1 Gaming Supervisors will be required to be available to perform the full range of Supervisory duties including International and VIP play. The range of technical duties shall not exceed those determined and agreed within the Department of Internal Affairs guidelines and may change from time to time subject to DIA approval and subject to clause 9.3 of the main body of the Agreement. No Supervisor will be required to take on duties which they are not suitably skilled at and/or have been trained in. 9.2.2 Employees employed as Gaming Supervisor Level Y as at 03 April 2006 will be able to remain on their current duties and will not be required to take on the broader duties of Gaming Supervisor as outlined in 9.2.1 above. Level Y Supervisors who agree to take on the broader responsibilities will do so from 03 July 2006, unless they volunteer to do so prior to this date. SCHEDULE E 2. FIXED-TERM EMPLOYEES 2.1 Fixed-term Employees are not entitled to redundancy compensation. SCHEDULE F Term of Agreement: Wage Increase Dates: Term Compensation Offer: Minimum Wage: C.O.A: COA for existing employees paid: Passing On: Part Time Clause: Salaried Staff: Security / Surveillance: Sick Leave Accumulation: Dry Cleaning: Riggers: Housekeeping: Rosters: Savings: Signed on behalf of SKYCITY Management Limited Signed on behalf of SEA-Unite |