The Star Agreement
The Star Agreement
The Star Agreement
DECISION
Fair Work Act 2009
s.185—Enterprise agreement
[1] An application has been made for approval of an enterprise agreement known as The
Star Sydney Enterprise Agreement 2017 (the Agreement). The application was made pursuant
to s.185 of the Fair Work Act 2009 (the Act). It has been made by The Star Pty Ltd T/A The
Star Sydney. The Agreement is a single enterprise agreement.
[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied
that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this
application for approval have been met.
[3] As noted, pursuant to s.190(3), I have accepted undertakings from The Star Pty Ltd
T/A The Star Sydney. In accordance with s.191(1) of the Act the undertakings are taken to be
a term of the Agreement. A copy of the undertakings are attached to this decision.
[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work
Regulations 2009 is taken to be a term of the Agreement.
[5] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”
known as the Australian Manufacturing Workers’ Union (AMWU) and United Voice being
bargaining representatives for the Agreement, have given notice under s.183 of the Act that
they want the Agreement to cover them. In accordance with s.201(2) I note that the
Agreement covers these organisations.
1
[2018] FWCA 1342
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from
13 March 2018. The nominal expiry date of the Agreement is 30 June 2020.
DEPUTY PRESIDENT
<AE427531 PR600912>
2
[2018] FWCA 1342
ANNEXURE A
Pursyant to sec;ti<:>n 190 of the F~ir Work Act 2009 (Cth) (the Act) and Regulation 2.07 of the Fair Work Regulations 2009 (Cth),
The Star Sydney pty Ltd provides the following written undertakings, which applies to The Star Sydney Enterprise Agreement
2017 (the enterprise agreement) in respect of employees covered by the enterprise agreement.
1. An employee on an annualised sala1y pursuant to clause 5.3 of the enterprise agreement will not be disadvantaged.
The salary paid to an annualised salaried employee over a year will be sufficient to cover what the employee would
have been entitled to if all the enterprise agreement overtime and penalty rate payment obligations had been
complied with. In the event of termination of employment prior to completion of a year the salary paid during such
period of employment will be sufficient to cover what the annualised salaried employee would have been entitled to
if all the enterprise agreement overtime and penalty rate payment obligations had been complied with.
2. Where in a pay cycle a part time employee will be paid in total less under clauses 5.1 wage rates and clause 6.11
penalty rates of the enterprise agreement than they would have recEived in total pursuant to clause 20 minimum
wages and clause 32 penalty rates of the Hospitality Industry General Award (the Award), The Star Sydney will top-
up the employee's pay so the employee is paid at least what they would have received had the Award applied.
3. In place of agreement clause 7.7{c) of the enterpri se agreement: a team member may take a period of unpaid
parental leave concurrent with the primary care giver for up to 8 weeks (concurrent unpaid parental leave).
4. In relation to clause 8.3 of the enterprise agreement, where an employee is absent from work for three consecutive
days without prior notice and/or reasonable explanation, The Star will use this only as prima facie evidence of
abandonment of employment, not as a matter having been deemed to be the case.
Greg Hawkins
Managing Director
Who is duly authorised to sign this undertaking for The Star Sydney Enterprise Agreement 2017 on behalf of the company
3
Note - the model flexibility term is taken to be a term of this agreement and can
be found at the end of the agreement.
Note - this agreement is to be read together with an undertaking given by the
employer. The undertaking is taken to be a term of the agreement. A copy of it
can be found at the end of the agreement.
The Star Sydney Enterprise Agreement 2017
Rollout Version, 24 October 2017
Arrangement of Agreement
Part 1 Preliminary
(b) This Enterprise Agreement covers The Star Sydney and all team members of The Star Sydney, who are employed in
the position classifications contained in this Enterprise Agreement.
(c) This Enterprise Agreement will commence on the first day of the pay cycle following its approval by FWC and its
nominal expiry date is 30 June 2020.
(d) This Enterprise Agreement operates in place of any award (including a modern award) or agreement whether
approved by FWC or not unless specifically referred to within this Enterprise Agreement.
(e) No term of this Enterprise Agreement will operate to exclude the National Employment Standards (NES) or any
provision of the NES.
(f) A copy of this Enterprise Agreement will be readily available to team members covered by it.
(g) The parties undertake for the period of operation to the nominal expiry date of this Enterprise Agreement not to
pursue any extra claims, award or other which are related to matters dealt with in this Enterprise Agreement
(including any claim related to decisions handed down by FWC).
1.2 Definitions
(a) 'Act' means Fair Work Act 2009 (Cth) as amended from time-to-time.
(b) 'AMWU' means the Australian Manufacturing Workers Union.
(c) 'chosen representative' means a person, or organisation that a team member has chosen to represent them
including, but is not limited to, United Voice, a colleague or confidant.
(d) 'confidential information' means all information of any kind, including but ·not limited to, any commercially sensitive
or valuable information concerning the business, affairs, patrons and team members of The Star Sydney or any
member of The Star Entertainment Group and includes employee information, information containing patron data,
player trip and play details, internal control and procedures, research materials, patron lists, trade secrets, financial
statements, projections, business plans, business strategies, new product developments, acquisition plans, software
and computer programs, whether confidential information of (a) The Star Sydney or any member of The Star
Entertainment Group; or (b) a third person where The Star Sydney or any member of The Star Entertainment Group
has an obligation to keep such information confidential.
(e) 'continuous service' means service for any team member in accordance with Section 22 of the Act.
(f) 'culinary' means a Commi Chef, Demi Chef, Chef de Partie.
(g) 'flex up hours' are ordinary hours worked by a part time team member beyond their minimum contracted ordinary
hours, up to a maximum of less than 152 hours per 4 week cycle or less than 76 hours per 2 week cycle (whichever
is applicable), paid at the team member's ordinary hourly rate of pay.
(h) 'FWC' means Fair Work Commission.
(i) General Management Team consists of The Star Sydney General Managers or their representatives.
G) 'immediate family' means:
(i) A spouse (including former spouse), de-facto partner (including former de-facto partner and same sex partner),
child, parent, grandparent, grandchild or sibling of the team member; or
(ii) A child (including adopted, step and ex-nuptial), parent, grandparent, grandchild (including step grandchild) or
sibling of a spouse or de-facto partner of the team member.
(k) 'NES' means the National Employment Standards in the Act and Regulations.
(I) 'operational area' means one of the following 9 operational areas at The Star Sydney: Table Games, Gaming
Machines, Finance, Food and Beverage, Property Services, Security, Hotel, Facilities, VIP International.
(m) 'ordinary hourly rate of pay' means the ordinary hourly rate of pay as expressed in the Enterprise Agreement Wage
Rate tables in Attachments A to D excluding entitlements such as overtime rates, penalty rates, allowances.
(n) 'ordinary hours' means for a full time team member 152 hours per 4 week cycle or 76 hours per 2 week cycle
(whichever is applicable) and for a part time team member the minimum contracted ordinary hours plus any flex up
hours worked within the range of ordinary hours (as set out in clause 3.5(a)).
(o) 'penalties' are the additional amounts above the ordinary hourly rate of pay for work from 7pm to midnight on
Monday to Friday; work from midnight to ?am on Monday to Friday; work on Saturday; work on Sunday; and work
on a Public Holiday.
(p) 'permanent team members' means full time team members and part time team members.
(q) 'per occasion' is each occasion a member of the team member's immediate family or household requires care or
support because of a personal injury, personal illness or an unexpected emergency affecting the member.
(r) 'Regulations' means the Fair Work Regulations 2009 (Cth) as amended from time to time.
(s) 'rostered day off' (RDO) means any continuous 24 hour period during which the team member is not required to
work between the completion of the last ordinary hours shift and the commencement of the next ordinary hours
shift on which a team member is rostered for duty.
(t) 'shift' means the period of time elapsing from the time a team member commences work to the time the team
member ceases work.
(u) 'shift cycle' means the broad pattern of shifts (eg day shift, afternoon shift and night shift) a team member works on
a forward rotation basis.
(v) 'shiftworker' is a 7 day shiftworker who is regularly rostered to work on Sundays and public holidays in a business in
which shifts are continuously rostered 24 hours a day for 7 days a week.
(w) 'The Star Entertainment Group' means The Star Sydney and any entity that is connected with The Star Sydney by a
common interest in an economic enterprise, for example a related body corporate (as the term is defined in the
Corporations Act 2001) or a joint venture partner.
(x) 'team member' means a person employed by The Star Sydney who is covered by this Enterprise Agreement.
(y) 'the 2013 Enterprise Agreement' refers to The Star Enterprise Agreement 2013 (AG2013/6713).
(z) 'The Star Sydney' means The Star Sydney Pty Ltd (ACN 060 510 410).
(aa) 'The Star Sydney premises' means the property or properties owned, leased or controlled by The Star Sydney where
team members covered by this Enterprise Agreement work, or usually work.
(bb) 'trainee' means a team member who upon commencing employment with The Star Sydney is bound by a Training
Agreement under a traineeship (excluding a Trainee Dealer).
(cc) 'traineeship' means a system comprising structured on-the-job training and may include off-the-job training in a
recognised and relevant training institution.
(dd) 'weekend' means two consecutive shifts between the hours of Spm on Friday anc;J 4am on Monday.
(ee) 'union(s)' means either United Voice or the AMWU or both United Voice and the AMWU.
(ff) 'United Voice' means United Voice.
(f) The Star Sydney or the team member may terminate the IFA:
(i) By giving no less than 28 days written notice to the other party to the IFA; or
(ii) By both The Star Sydney and the team member agreeing in writing - at any time.
(g) Where a team member informs The Star Sydney that they are to be represented by United Voice or AMWU (or other
representative) The Star Sydney will take all reasonable steps to facilitate the representation.
(h) A part time team member will receive on a pro rata basis equivalent pay and conditions to full time team members
who perform the same work.
(i) Where possible The Star will offer flex up hours to part time employees over casual employment.
4.1 General
(a) The Star Sydney will classify each team member in the appropriate Classification Level in The Star Sydney
Classification Structure of this Enterprise Agreement according to the skills they possess and the competencies in
which they perform their duties.
(b) Team members must undertake duties as directed by The Star Sydney within the limits of their skills and
competence. lhis may involve performing other job roles for which they have the relevant skill level and
competency.
(c) New team members who wish to have their previous experience recognised for the purposes of The Star Sydney
Classification Structure (Attachments A and B) may be required to undertake appropriate competency assessments
by The Star Sydney.
(d) Team members may be temporarily required at their ordinary rate of pay to perform duties at a lower level than the
level they are currently classified provided that duties performed at a lower level are not designed to erode their
skills.
(e) Prerequisites for progression to a higher level Classification Level will be the team member satisfying The Star
Sydney with respect to their skill and competency level, together with a position being vacant at a higher level.
(f) Reclassification to a Lower Classification Level
(i) The Star Sydney may permanently reclassify a team member at a lower Classification Level where the team
member, after counselling, has failed to satisfy The Star Sydney in respect of work, skill, competency or
performance at the level on which the team member is currently classified.
(ii) To reclassify a team member to a lower Classification Level The Star Sydney is required to give a minirrlUm
period of notice of one week.
(g) Classification Task Flexibility
(i) The Star Sydney Classification Table reflects the need for flexibility, progressive development of skills, multi-
skilling and the performance of incidental and peripheral work.
(ii) The Star Sydney may at its discretion move a Classification Level to a higher Classification Level after
consultation with the relevant union.
(iii) New positions created by the changing operational or business requirements of The Star Sydney will be classified
by The Star Sydney in the Classification Structure after consultation with the relevant union.
4.3 Training
(a) The Star Sydney is committed to the training and development of its team members. The Star Sydney will support
flexible arrangements to ensure access to training and will, as far as possible, release team members for approved
training within their ordinary hours. If this is not possible, time spent on approved training will be paid at the
applicable ordinary hourly rate of pay.
(b) Training initiated by the team member that is not related to the duties that they perform will be unpaid.
(c) Access to training will be in accordance with the requirements determined by The Star Sydney for each training
module and will include an assessment of the team member's capability to complete the training to the required
standard, their work performance in their current role, the operational requirements of the work area and personal
circumstances of the team member.
(d) The Star Sydney may provide education assistance to undertake courses at other institutions. This assistance may
include financial support for courses which The Star Sydney considers may assist in furthering a team member's
career at The Star Sydney.
5.2 Apprentices
Any agreements and/or regulations made by the NSW State apprenticeship board or industrial tribunal apply to any
section of the trade to which such agreements and/or regulations are expressed to apply, despite anything contained in
this Enterprise Agreement.
(iv) The team member or The Star Sydney may elect to opt out of an annualised salary arrangement on giving 4
weeks' notice; and
(v) The rate paid under this annualised salary arrangement will be for all purposes.
5.5 Superannuation
(a) The Star Sydney will contribute superannuation on behalf of all eligible team members to a fund of their choice or
the Default Fund in accordance with the Superannuation Guarantee Legislation.
(b) The Default Fund will be HostPius superannuation fund.
(c) On commencement of employment team members will be provided a superannuation Standard Choice Form and a
HostPius Form. Upon advice from the team member's chosen superannuation fund that membership has been
accepted, The Star Sydney contributions will be made to the chosen superannuation fund from the next
superannuation payment cycle.
(d) The minimum level of contribution will be adjusted when necessary to comply with the Superannuation Guarantee
Charge Act 1992 (Cth) as amended from time-to-time.
(e) The Star Sydney will be required to make superannuation contributions to a team member's fund where the team
member's earnings from The Star Sydney are $150 or more in a calendar month.
(f) A team member may elect to change superannuation funds at any time, however only 1 change can occur in a 12
month period.
(g) Superannuation contributions will be made by The Star Sydney in respect of all actual weeks of continuous service of
a team member including periods of paid leave and the first 26 weeks of a period of workers compensation.
Voluntary Team Member Contributions
(h) Any salary sacrificing superannuation contributions made by a team member must be directed to the same
superannuation fund chosen by the team member ie splitting of contributions to different funds is not available.
(d) A team member may elect to salary sacrifice for superannuation by completing the appropriate form authorising The
Star Sydney to make such deductions.
(e) Should a team member's wages not be in their account, due to an error made by The Star Sydney of which
The Star Sydney is aware, The Star Sydney will ensure that alternative arrangements are made so that the
team member is paid on the next (business) banking day. However, where an application by a team
member is made and there are exceptional circumstances, The Star Sydney may approve an alternative
payment method(s).
5.8 Allowances
(a) Dealers who can deal five major games or more will receive an allowance per fortnight as detailed in the Allowance
Table.
(b) Housekeeping Attendants that are instructed by their supervisor and/or manager to clean protein spills, ie: vomit
and/or defecation in an area(s) other than a toilet, during their rostered shift will be paid an allowance on a daily
basis as detailed in the Allowance Table.
(c) Facilities team members that attend an event where a major sewer or waste water line blocks up causing effluent to
be discharged from the floor grates or vents and an electric or hand held eel is used to unblock the line will be paid
an allowance per occasion as detailed in the Allowance Table. Where an electric or hand held eel is not used,
payment of the allowance per occasion will be at the discretion of the supervisor I manager.
(d) Broken Shift Allowance: team members who mutually agree with The Star Sydney to work a shift that is broken in
two by more than 90 non-working minutes will receive the Broken Shift Allowance per occasion. The Star Sydney will
take into account carer's responsibilities raised by a team member during the process of seeking mutual agreement
to working broken shifts.
(e) Security Allowance: security team members employed prior to the certification of The Star City Enterprise Agreement
2000 will receive an allowance per fortnight as detailed in the Allowance Table.
Allowance Table
From first full Qa'i Qeriod after: Date of AQQroval b'i FWC 1 Jul-r 2018 1 Jul-r 2019
in 2017
6.1 Attendance
(a) The Star Sydney is a 24 hour a day, 7 day a week operation. In order to meet these requirements team members
may be rostered at any time including public holidays and weekends unless agreed otherwise with a team member
in writing.
(b) Team members are required to be at their designated work area ready and able to commence work at the
commencing time as rostered. Any period of time a team member uses to make ready for work prior to being at
their designated work area is not counted for the purpose of ordinary hours. Team members who are not in
attendance at their designated work area ready and able to commence work will be subject to deductions to their
wages for the time of such non-attendance. In these circumstances, the minimum ordinary hours of work as
prescribed by this Enterprise Agreement will not apply to the team member for that shift or roster cycle.
(c) If a team member is unable to commence work at their rostered commencement time or will be absent from their
shift they will give at least 2 hours' notice (except where they are genuinely not able to do so) prior to the start of
the shift. This applies to all absences including those due to personal leave. The notice must include:
(i) The reason for not being at work or being at work on-time;
(ii) The type of leave they are applying to take; and
(iii) How long they expect to be away from work.
(d) Where a genuine reason exists. for not providing 2 hours prior notice of the absence and it is not possible for the
team member to give prior notice of absence, the team member must notify their supervisor or appropriate
representative from their department by telephone at the first opportunity.
*Casual team member percentages include the loading of 25% paid to casual team members as per clause 3.6(b)
6.12 Overtime
(a) The Star Sydney may require a permanent team member to work reasonable overtime, paid at overtime rates, for
any hours worked in excess of the rostering requirements set out in clause 6.3(d). Notwithstanding anything else in
this Enterprise Agreement, overtime will not apply to:
(i) Ordinary hours of work;
(ii) Part time team member flex up hours of work;
(iii) A RDO, due to a roster swap; or
(iv) An alternate engagement under this Enterprise Agreement.
(b) A team member may refuse to work overtime in circumstances where working overtime would be unreasonable
having regards to:
(i) Any risk to the team member's health and safety;
(ii) The team member's personal circumstances including any family responsibilities;
(iii) The needs of the workplace;
(iv) The notice (if any) given by The Star Sydney of the overtime and by the team member of their intention to
refuse it; and
(v) Any other relevant matter.
(c) Overtime will be paid at 200% of the team member's ordinary hourly rate of pay for any overtime hours worked,
except on a gazetted public holiday recognised by this Enterprise Agreement when overtime will be paid at 250% of
the team member's ordinary hourly rate of pay for any overtime hours worked on the public holiday.
(d) Overtime worked on any shift stands alone.
(e) The Star Sydney will only cancel a pre-confirmed overtime shift if 4 hours notice is given.
Part 7 Leave
(j) The Star Sydney may reasonably require a team member to take annual leave by giving at least 4 weeks' notice in
the following circumstances:
(i) As part of a close down of its operations (or part of its operations); or
(ii) Where more than 8 weeks' annual leave is accrued.
(k) A team member affected by a close down (as set out in clause 7.10)) will be required to take approved unpaid leave
if they do not have sufficient paid annual leave to cover the close-down period.
(I) If the period during which a team member takes paid annual leave includes a period of any other leave (except for
unpaid parental leave or unpaid community service leave) the team member is taken not to be on paid annual leave
for the period of that other leave or absence.
(I) Unpaid carer's leave of 2 days per occasion (as defined) is available to a team member who has exhausted their
accrued paid personal leave.
(m) Where a team member is taking unpaid carer's leave, the team member may elect, with the consent of The Star
Sydney, to take paid annual leave (if the team member has sufficient paid annual leave entitlements).
(n) Unpaid carer's leave of 2 days per occasion (as defined) is available to casual team members.
(o) Upon termination of employment, team members that have accessed paid personal leave prior to having accrued the
leave will have the unaccrued portion of personal leave accessed in advance deducted from their final pay.
(p) If a team member is receiving workers' compensation payments, he or she is not entitled to personal leave
payments.
• New Year's Day (8pm New Year's Eve to 8pm New Year's Day)
(c) A full time team member whose ROO falls on a public holiday will be paid an extra day (note: for the purposes of
this sub-clause 'day' means 7.6 ordinary hours). This sub-clause applies on a pro-rated basis to a part time team
member where the payment for the extra day will be based on the relevant part time team member's ordinary hours
of work over the previous 12 months from:
(i) The commencement of this Enterprise Agreement (or an average of a lesser period of employment where
applicable) and thereafter;
(ii) The commencement anniversary date of this Enterprise Agreement.
(c) Permanent team members experiencing domestic violence may take up to:
(i) For full-time employees: 5 days paid domestic violence leave per year;
(ii) For part-time employees: the pro-rated amount of 5 days paid domestic violence leave per year based on the
greater of the part time team member's average weekly ordinary hours of work over the previous anniversary
year of the Enterprise Agreement (the anniversary date) or their weekly minimum contracted ordinary hours.
(d) Domestic violence leave entitlements accrue in-full up-front on the date of commencement of this Enterprise
Agreement and each the anniversary date. If a new employee commences after the anniversary date, the leave is
accrued up-front on a pro-rated basis calculated on the expected length of service until the next anniversary date.
The same calculation applies if a casual team member converts to permanent employment.
(e) Team members will be paid for domestic violence leave taken in accordance with this clause based on their ordinary
hourly rate of pay for the team member's ordinary hours of work for the period taken as domestic violence leave.
(f) If a team member requires domestic violence leave they must contact their manager (or other person/department as
The Star Sydney directs) as soon as reasonably practicable and inform them of the reason for taking the leave and
the estimated length of absence.
(g) On each occasion take domestic violence leave, team members will be required to provide evidence acceptable to
The Star Sydney in support of domestic violence leave such as documents issued by the police, a court, medical
practitioner, a domestic violence support service, a lawyer, or a counselling professional.
(h) If a team member's domestic violence leave exceeds 3 consecutive rostered shifts, the team member must give The
Star Sydney at least 12 hours' notice of their intention to return to work. This notification is necessary for rostering
purposes. Failure to comply with this requirement may affect The Star Sydney's ability to roster the team member
for work upon their return, and the team member may be required to take unpaid leave as a result.
(i) Domestic violence leave does not accrue from year to year and team members are not entitled to be paid for their
accrued domestic violence on termination.
(b) A permanent team member over 45 years of age who has completed at least 2 years of continuous service is entitled
to 1 extra week's notice.
(c) If The Star Sydney elects to make payment in lieu of notice it will be calculated on the team member's ordinary
hourly rate of pay and penalties, loadings and allowances the team member would have received had the team
member continued to work until the end of the notice period.
(d) The following team members are not entitled to notice of termination under this clause:
(i) Casual team members;
(ii) Team members dismissed for serious or wilful misconduct;
(iii) Team members engaged for a specific period of time or for a specific task or tasks, or for the duration of a
specified season, where the employment terminates at the end of the period of time or on completion of the task
or tasks or at the end of the season; and
(iv) Trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period
or is, for any reason, limited to the duration of the agreement, where the employment has terminated at the end
of the training arrangement or approved traineeship.
(e) The notice of termination due to resignation required to be given by a team member to The Star Sydney is one week
in their first year of continuous service and two weeks thereafter provided the first year of continuous service is
completed. If a team member fails to give any of the required amount of notice The Star Sydney has the right to
withhold any monies due to the team member to a maximum amount equal to the ordinary hourly rate of pay for
the number of hours of notice the team member was required to, but did not, provide The Star Sydney.
(f) To the extent possible, any termination payments will be made in the next normal pay cycle.
(g) Where The Star Sydney has given notice of termination to a team member, a team member will be allowed up to 1
day off without loss of pay for the purpose of seeking other employment. The time off will be taken at times that are
convenient to the team member after consultation with The Star Sydney.
(h) The Star Sydney will provide a Statement of Service on request from a team member whose employment
has terminated.
8.2 Confidentiality
(a) At all times during and after employment ends (for whatever reason) with The Star Sydney, a team member must
keep confidential and not disclose any confidential information of The Star Sydney or any member of The Star
Entertainment Group, to any person other in the performance of their work duties, as required by law or with the
prior written consent of The Star Sydney. In this context, team members must not (during or after their employment
with The Star Sydney) use any confidential information for the benefit of any person, including them, except The
Star Sydney.
(b) During employment, any breach of a team member's obligations in relation to confidential information will be
considered serious misconduct justifying summary dismissal.
8.4 Deductions
(a) The Star Sydney will not deduct any sum from the wages or income of a team member in respect of breakages or
cashiering underings except in the case of wilful misconduct.
(b) In the case of overpayment of wages or leave to a team member, The Star Sydney will notify the team member in
writing of the overpayment and how it is made up. In the notification The Star Sydney will advise the team member
they may use the Disputes Procedure if they do not agree with how The Star Sydney propose to recoup the
overpayment. The Star Sydney will endeavour to reach an agreement with the team member as to the method of
recovery of the overpayment. If a team member unreasonably withholds agreement, The Star Sydney may recover
the amount of the overpayment through deductions from the team member's wage in any future pay period or
periods, after notification to the team member in writing.
(c) The Star Sydney is entitled to withhold any payment due to a team member on termination of employment for any
reason pending the team member's return to The Star Sydney of all security identification, keys, uniforms or other
The Star Sydney property.
(d) Where a team member ceases employment and fails to return any property belonging to The Star Sydney, The Star
Sydney may deduct from any outstanding termination,entitlements (including wages, leave accruals etc) owing to
the team member the cost of replacing such property. The Star Sydney may also recover from any outstanding
termination entitlement the value of any cash advances that had been made to the team member prior to the
termination of their employment.
8.6 Redundancy
(a) Redundancy occurs if The Star Sydney decides it no longer wishes the job the team member has been doing to be
done by anyone and this is not due to the ordinary and customary turnover of labour.
(b) The NES redundancy clauses apply to any permanent team member made redundant except as otherwise provided
for in this clause.
(c) The redundancy payment schedule for relevant team members is:
Additional Entitlements
(d) Where a team member is transferred to lower paid duties by reason of redundancy the same period of notice will be
given as the team member would have been entitled to if the employment had been terminated and The Star
Sydney may1 at The Star Sydney's discretion 1 make payment in lieu of notice.
(e) A team member given notice of termination in circumstances of redundancy will be allowed up to 1 day off without
loss of pay during each week of actual notice for the purpose of seeking other employment. If the team member has
been allowed paid leave for more than 1 day during the notice period for the purpose of seeking other employment/
the team member will 1 at the request of The Star Sydney, be required to produce proof of attendance at an
interview or they will not receive payment for the time absent. For this purpose a statutory declaration will be
sufficient.
(f) A team member who is made redundant may terminate his or her employment during the period of actual notice
and, if this occurs 1 will be entitled to the same benefits and payments under the Redundancy Payment Table in
clause 8.6(c) had the team member remained with The Star Sydney until the expiry of such notice (providing the
team member is not currently being investigated for any form of misconduct). However/ in this situation the team
member will not be entitled to any payment in lieu of notice.
8.8 Uniforms
(a) Where team members are required to wear uniforms they will be supplied free of cost to the team member and
replaced as required on a fair wear and tear basis. Where the uniform is damaged, other than through fair wear and
tear, the team member will be responsible for the cost of repair or replacement of the damaged item(s).
(b) The Star Sydney will require all team members wear a particular type and colour of shoe as notified by The Star
Sydney from time-to-time. This requirement is not regarded as special clothing but The Star Sydney will make every
effort to ensure that the required standard of footwear is available readily and at discounted rates. Team members
in turn must comply with the requirement.
(c) The Star Sydney will provide, maintain and launder uniforms at no cost to the team member.
(d) Where a team member is engaged upon work of an unusually dirty nature, The Star Sydney will provide, maintain
and launder suitable protective clothing at no cost to the team member.
(e) Upon termination of employment or in circumstances where the team member is no longer required to wear a
uniform, the team member will return the uniform to The Star Sydney immediately and in good condition, subject
only to fair wear and tear.
8.9 Transport
The Star Sydney will provide a service free of charge to team members on the Light Rail system at least for the period of
the contract between The Star Sydney and the operator of the Light Rail system for this service. The Star Sydney will hold
discussions with the unions prior to the termination of the contract.
8.10 Licenses
The Star Sydney will pay for:
(i) Security licenses required by the Security Industry Act 1997 (NSW) (as amended from time-to-time);
(ii) Gaming licenses as required by the Casino Control Act 1992 (NSW) (as amended from time-to-time) where any
such a license is required by a team member to perform their role;
(iii) Forklift licence to assist a Level 4 warehouse team members obtain the skills of a Level 5 of the General
Classifications; and
(iv) Truck driving license for Level 5 warehouse team members moving to a Level 6 of the General Classifications as
or when positions become available.
(a) Any team member who was employed in the classification of level 4 Guest Services Attendant, prior to the approval
of the 2013 Enterprise Agreement by FWC, will remain as a level 4 of the General Classifications level while the team
member performs that role.
Level 3 Recreation Attendant
(b) Any team member who was employed in the classification of level 3 Recreation Attendant, prior to the approval of
this Enterprise Agreement by FWC, will remain as a level 3 of the General Classifications while the team member
performs that role.
Level 7 HD Dealer
(c) Any team member who was employed in the classification of level 7 Dealer/Supervisor, prior to the approval of this
Enterprise Agreement by FWC, will remain as a level 7 of the General Classifications while the team member
performs that role.
(b) The Allowances that will apply from the making of this Enterprise Agreement by team members by vote (within the
meaning of section 182 of the Act) will be in accordance with the Allowance Table of this Enterprise Agreement at
clause 5.8(e).
....................................... (Signature)
....................... (Date)
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NSW Branch Secretary
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~~~~.~~~~.\~~?,~~~.~~tional Area) ~ (2.-o~t-1 ~
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-~.\~~\~~~.' (Date) Address: 133 Parramatta Road, Granville, NSW
Address: 80 Pyrmont Street, Pyrmont, NSW
The Star Level 1 Team members at this level have no formal training, but can
demonstrate skills to undertake routine tasks requiring low skill levels,
under continual supervision, with no decision making. Team members
at this level will have acquired some knowledge of The Star systems.
Indicative tasks only:
Food &
Beverage
Bar Porter
Steward
Bus Person
..• Collecting glasses I plates I cutlery
Kitchen cleaning 1 dishwashing
Line serving
* Food and Beverage • Set up work area
Server • Bar I pantry I stock maintenance
* Bar Attendant • *Limited experience in the industry
* Cocktail Server
The Star Level 2 Team members at this level have some formal training (but principally
on-the-job training), can demonstrate skills requiring a higher level of
skill than The Star Level 1 but who can also perform to The Star
satisfaction the full range of tasks at The Star Level 1 and can make
limited decisions with respect to their duties. Team members at this
level can work under less continual supervision and/or in a team
environment and have acquired a wider knowledge of The Star
systems to the point where they can give basic guidance to team
members at a lower level.
Indicative tasks only:
.. equipment
Ensure consistent service levels to customers
Property
Services
Carpark Attendant
Guest Service Attendant
.• Carpark duties
Cloak Room I Valet duties
The Star Level 3 Team members at this level can make routine decisions with respect to
their work, have limited training responsibilities for team members at
lower levels, and have a sound knowledge of The Star systems and
knowledge of product associated with duties. Team members at this
level can work under routine supervision.
Indicative tasks only:
Table
Games
Dealer
Trainee Dealer ..• Dealer in first 6 months of continuous service •
1 major game
Stadium Dealer
. Deals minor games only, does not handle cash or chips
Guest interaction and hosting
Gaming Gaming Attendant • Minor repairs to electronic gaming machine and electronic
Machines table games
The Star Level 4 Team members at this level have formal qualifications or equivalent
competencies with respect to their duties (which may be task specific),
and can demonstrate a wide and detailed knowledge of The Star
systems and the industry generally, are capable of co-ordinating
and/or training small numbers of team members at lower levels and
take responsibility for their own work performance. Team members at
this level can work under minimal supervision.
Indicative tasks only:
Property
Services
Warehouse Storeperson
Warehouse Clerk
.. Assist in beverage stores
Operate mechanical lift devices I machines including pallet
Facilities Clerk
.. jack
Operate ticketing systems
Table
Games
Dealer .. Completion of 6 months continuous service
1 major game plus 1 minor game
The Star Level 5 Team members at this level have trade qualifications or equivalent
competencies and/or have formal training with respect to their duties
(which may be task specific), and are responsible for their own work
performance, can make decisions with respect to their own work, can
demonstrate a comprehensive knowledge of The Star systems and
apply those systems to their own work. Team members at this level
need the capability to co-ordinate and direct subordinate team
members within their work area in day-to-day operational matters and
can work under limited supervision.
Indicative tasks only:
VIP
International
Butler Services Executive
Reservations/VIP Specialist
. VIP guest skill
Food & Commis Chef • Cooking (including trade level baking and pastry cooking)
Beverage • Position is engaged in cooking duties which carries out a
wide range of cooking duties such as a Ia carte cooking,
baking and pastry cooking, butchering.
Property Warehouse Storeperson • Store person with more than 12 months of continual service
Services Truck Driver I Warehouse Storeperson at Level 4 and detailed knowledge of warehouse systems
The Star Level 6 Team members at this level can make decisions with respect to their
work area, can co-ordinate the work of other team members and/or
can perform their own tasks with a greater degree of skill and
proficiency than team members at lower levels, and accept greater
responsibilities and a wider range of tasks than team leaders at lower
levels. Team leaders at this level need extensive knowledge of The
Star systems. Team members at this level need the capability to co-
ordinate and train other team members and accept responsibility for
the work performance of their area, and work under general
supervision.
Indicative tasks only:
Table
Games
Dealer . 3 major games plus at least 1 minor games
Food &
Beverage
Demi Chef . Position is engaged in specialised cooking duties a Ia carte
cooking, baking and pastry cooking, butchering
The Star Level 7 Team members at this level have extensive product knowledge and
can undertake close & constant co-ordination I inspection of other
team members in the performance of their work and/or who can
accept responsibility for productivity I performance of their immediate
I designated work area.
Indicative tasks only:
Table
Games
Dealer I Supervisor . HD Dealer I Supervisor
Dealer • 4 major games plus at least 1 minor game
Food &
Beverage
Chef de Partie .. Supervises and trains other cooks and kitchen employees
Menu creation and costing
Note: A Minor Game is any game which requires training equal to or less than 25 hours. A Major Game is any game which requires
training totalling more than 25 hours.
..
OR
Has detailed knowledge of the complex &
.
• Undertaken a train the trainer course or equivalent & can train other staff &
Co-ordinating Handypersons at a lower level
.
• Any additional recognised trade qualification &
Has detailed knowledge of the complex &
• Consistently meets the productivity requirements of the work order system (Maximo) .
..
OR
Detailed knowledge of the complex &
Undertaken WHS &
• Consistently shown initiative with the ability to coordinate trade works &
.
• Consistently meets the productivity requirements of the work order system (Maximo) &
Detailed knowledge of the plant & equipment relevant to the trade and able to fault find to
EG Technicians:
The Star must provide relevant courses to a team member within 12 months of the team member meeting the timeframe
requirements.
Existing level 5 Gaming Technicians II will become EG Technician 3 when the conditions are met and any additional EG Technician 3
positions are based on business requirement.
Maintenance Technicians:
The Star must provide relevant courses to a team member within 12 months of the team member meeting the timeframe
requirements.
Recognised Trade - is a trade utilised in house by The Star Sydney. Currently these trades are Painter, Locksmith, Tiler, Fitter,
Electrician, Electronic, Carpenter.
Higher Duties -Training can be undertaken from Maintenance Technician levels 2 & 3 and can only perform the duties of a Facilities
Supervisor when licenced to perform the duties of a Facilities Supervisor.
General Classifications
General Classifications
General Classifications
1. The Star Sydney Pty Limited (The Star Sydney) has developed this policy in relation to application and selection for
preferred shifts so that a fair and transparent system applies for all team members seeking to have regular hours of
work rather than work on a rotating shift roster.
Coverage
2. This policy applies to all permanent full-time and part-time team members who have completed at least 12 months
continuous service working in Table Games at The Star Sydney (team members) may apply for a preferred shift in
accordance with this policy.
3. The Star Sydney recognises that team members may experience times when they would benefit from access to more
regular hours of work. As a result, "preferred shifts" have been developed by The Star Sydney so that team
members can request the same "shift" for a period of up to one year.
4. The Star Sydney will review its allocation of preferred shifts in accordance with its operational requirements and
usually on the provision of three months' notice to affected team members. Generally, this review will occur every
year.
5. When a review of preferred shift is called by The Star Sydney all currently allocated preferred shifts will be reviewed.
Any new applications by team members not currently on a preferred shift will also be considered.
6. If a team member who has been offered and has accepted a preferred shift is no longer able to work the preferred
shift they must provide The Star Sydney four weeks' notice in writing of the team members election to withdraw
from the preferred shift and the reasons why.
7. A limited number of preferred shifts will be available due to The Star Sydney's patron and operational requirements.
8. The Star Sydney will seek applications from eligible team members interested in obtaining a preferred shift, usually
on an annual basis. Criteria will be clearly displayed on the preferred shift application and include how team
members will be reviewed against the selection criteria.
(iv) All applications received by The Star Sydney will be reviewed by a Preferred Shift Review Committee (selected by
The Star Sydney) on an anonymous basis in accordance with the selection criteria (as set out below).
(v) Team members will be advised of the outcomes of the Preferred Shift Review Committee within 4 weeks of the
closure of the nomination period.
10. Where a preferred shift vacancy occurs outside of a review process (for example, due to a resignation of
employment), The Star Sydney will fill the vacancy based on the Preferred Shift Review Committee's outcomes from
the most recent prior review process.
What are the criteria for successful selection for a preferred shift?
11. Due to the large number of applications The Star Sydney receives for preferred shift, it is necessary to review the
details of all applications in a fair and transparent manner.
12. The review of applications is considered against "primary criteria" and "secondary criteria". Team members will be
considered for preferred shifts based primarily upon:
o The team member's need for the shift;
o The team member's performance, conduct and formal disciplinary records within the previous 12 months;
o A minimum 12 months' continuous service criteria; and
o Any other relevant factors.
13. It is in The Star Sydney complete discretion as to which team members are offered preferred shifts. The decision of
the Preferred Shift Review Committee is final.
14. The Star Sydney may accept or reject a preferred shift application or make a variation to the offer of a preferred
shift where there is a duty of care, legal consideration or operational or business need that is required to be taken
into consideration.
Pursuant to section 190 of the Fair Work Act 2009 (Cth) (the Act) and Regulation 2.07 of the Fair Work Regulations 2009 (Cth),
The Star Sydney Pty Ltd provides the following written undertakings, which applies to The Star Sydney Enterprise Agreement
2017 (the enterprise agreement) in respect of employees covered by the enterprise agreement.
1. An employee on an annualised salary pursuant to clause 5.3 of the enterprise agreement will not be disadvantaged.
The salary paid to an annualised salaried employee over a year will be sufficient to cover what the employee would
have been entitled to if all the enterprise agreement overtime and penalty rate payment obligations had been
complied with. In the event of termination of employment prior to completion of a year the salary paid during such
period of employment will be sufficient to cover what the annualised salaried employee would have been entitled to
if all the enterprise agreement overtime and penalty rate payment obligations had been complied with.
2. Where in a pay cycle a part time employee will be paid in total less under clauses 5.1 wage rates and clause 6.11
penalty rates of the enterprise agreement than they would have received in total pursuant to clause 20 minimum
wages and clause 32 penalty rates of the Hospitality Industry General Award (the Award), The Star Sydney will top-
up the employee's pay so the employee is paid at least what they would have received had the Award applied.
3. In place of agreement clause 7. 7( c) of the enterprise agreement: a team member may take a period of unpaid
parental leave concurrent with the primary care giver for up to 8 weeks (concurrent unpaid parental leave).
4. In relation to clause 8.3 of the enterprise agreement, where an employee is absent from work for three consecutive
days without prior notice and/or reasonable explanation, The Star will use this only as prima facie evidence of
abandonment of employment, not as a matter having been deemed to be the case.
Greg Hawkins
Managing Director
Who is duly authorised to sign this undertaking for The Star Sydney Enterprise Agreement 2017 on behalf of the company