1
Form 40
Application for certification of agreement
R.139(1)
Industrial Relations Act 1999, section 156 (Form to apply for certification of an agreement)
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999, s.156.
THE CORPORATION OF THE TRUSTEES OF THE ROMAN CATHOLIC ARCHDIOCESE OF BRISBANE AND QUEENSLAND INDEPENDENT EDUCATION UNION OF EMPLOYEES
(No.CA 824 of 2003)
APPLICATION FOR CERTIFICATION OF THE BRISBANE CATHOLIC EDUCATION ADMINISTRATION and EDUCATION OFFICERS’ – CERTIFIED AGREEMENT - 2003 TO:
The Industrial Registrar, Industrial Registry, Level 14, Central Plaza 2, 66 Eagle Street, (Corner Creek and Elizabeth Streets), Brisbane 4000, GPO Box 373, Brisbane Q 4001 Phone: (07) 3227 8060, Fax: (07) 3221 6074
THE AGREEMENT, attachment A, having been made under the Industrial Relations Act 1999 this 24th day of November 2003, BETWEEN The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane (hereinafter referred to as the Employing Authority) AND the Queensland Independent Education Union of Employees (hereinafter referred to as the Union). All the parties to the agreement now seek certification of the agreement under chapter 6, part 1 of the Act. All the parties’ signatures appear below. The information required under the Industrial Relations Regulations 2000, section 9 and any other information in support of the application is set out in the affidavit of David James Hutton which is the attachment marked B. Particulars of current or previous certified agreement: CA 749 of 2000. This agreement replaces that agreement.
Form 40, R.139(1)
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Signed for and on behalf of The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane
In the presence of
(signature)
(witness to sign)
(print name)
(print name)
Signed for and on behalf of Queensland Independent Education Union of Employees
In the presence of
(signature)
(witness to sign)
(print name)
(print name)
This agreement is certified under the Industrial Relations Act 1999, chapter 6 part 1.
(Signature)
(name of commissioner) Industrial Commissioner Filed on 24 November 2003, certified by the commission and given Register No CA 824 of 2003, in the Certified Agreements Register. Industrial Registrar
Operative date: 9 December 2003
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PARTICULARS OF THE EMPLOYER Name: The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane (Brisbane Catholic Education) Business address: GPO Box 1201, Brisbane Qld 4001 Address for service: As above Phone number or contact phone number: 3840 0400 Fax number (if any): 3844 5101 E-mail address (if any): executivedirector@bne.catholic.edu.au
PARTICULARS OF OTHER PARTY Name: Terry Burke, General Secretary, Queensland Independent Education Union of Employees Business address: 346 Turbot Street, Spring Hill, Qld 4000 Address for service: As above Phone number or contact phone number: 3839 7020 Fax number (if any): 3839 7021 E-mail address (if any): tburke@qieu.asn.au
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Attachment A Brisbane Catholic Education - Administration and Education Officers’ – Certified Agreement - 2003 ARRANGEMENT of AGREEMENT Subject matter
Clause No.
Part 1 – PRELIMINARY Title
1.1
Definitions
1.2
Parties bound
1.3
Application
1.4
Date and operation of the agreement
1.5
Conditions not to be reduced
1.6
No further claims
1.7
Part 2 – Communication, consultation and dispute resolution Consultative mechanisms and procedures in the workplace
2.1
Grievance and dispute resolution procedures
2.2
Anti-discrimination
2.3
Equal employment opportunity
2.4
Part 3 – Relationship to the aims of Brisbane Catholic Education Acknowledgment
3.1
Objectives of the certified agreement
3.2
Part 4 – EMPLOYER and EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP and RELATED ARRANGEMENTS Role description
4.1
Terms of engagement
4.2
Termination of employment
4.3
Fixed Term Contracts
4.4
Deeming of AST status
4.5
Part 5 – SALARY and RELATED MATTERS Salary increase
5.1
Further salary increases
5.2
Superannuation
5.3
Classification of AEO positions
5.4
Reclassification
5.5
Increments
5.6
Higher duties
5.7
Payment of salaries
5.8
5 Salary packaging
5.9
Annual goal setting and performance review
5.10
Part 6 – LEAVE Long service leave
6.1
Sick leave
6.2
Health check leave
6.3
Bereavement leave
6.4
Family leave
6.5
Maternity leave
6.6
Paid adoption leave
6.7
Annual leave
6.8
Public holidays
6.9
Leave without pay
6.10
Part 7 – TRAVELLING and EXPENSES Travelling allowance
7.1
Part 8 – ISSUES of WORK PRACTICE Professional development and training
8.1
Statement of principles
8.2
New work practices
8.3
Workplace Stress
8.4
Casual employment
8.5
Breast-feeding and expressing facilities
8.6
Pay slip advice
8.7
Part 9 – FUTURE RE-NEGOTIATION of AGREEMENT Renewal or replacement agreement
9.1
PART 10 – SIGNATORIES TO AGREEMENT Signatories to agreement
10.1
SCHEDULES Schedule 1 Schedule 2 Schedule 3 Schedule 4 Schedule 5 Schedule 6 Schedule 7 Schedule 8 Schedule 9
BCE Salary Scale BCE Salary Scale – effective 1 July 2004 BCE Salary Scale – effective 1 July 2005 BCE Classification Structure Catholic Education Council Policy Statement - Equal Opportunity for Women in the Workplace (Revised July 2002). Archdiocese of Brisbane Mission and Directions Statement and the Vision Statement for Catholic Education for the Archdiocese of Brisbane Annual Goal Setting and Performance Review Policy and Process Travel Statement of Principles
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Part 1 – PRELIMINARY 1.1
Title
This Agreement shall be known as the Brisbane Catholic Education Administration and Education Officers’ certified agreement 2003.
1.2
Definitions
(1)
The term, AEO, shall refer to Administration and Education Officers.
(2)
The term, BCE salary scale, shall refer to the salary scales set out in Schedule 1, 2 and 3 in this agreement.
(3)
The term, casual employee, shall mean an employee who is engaged by the hour and receives a casual loading in addition to the full time hourly rate, but does not receive service benefits. A casual employee is appointed to a position which is classified in accordance with the provisions of clause 5.3 of this agreement. Provided that a casual employee shall be entitled to the accrual of long service leave in accordance with the provisions of Chapter 2 Part 3 of the Industrial Relations Act 1999.
(4)
The term, employing authority, shall mean the Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane, operating as Brisbane Catholic Education at 243 Gladstone Road Dutton Park, Queensland 4102.
(5)
The term, Union, shall mean the Queensland Independent Education Union of Employees.
1.3
Parties bound
The parties bound by this Agreement are as follows: The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane. Queensland Independent Education Union of Employees.
1.4
Application
This agreement shall apply to those employees who are employed as Administration and Education Officers by the employing authority including those members of Religious Congregations who are employed as an employee under the conditions of the Administration and Education Officers certified agreement.
1.5
Date and operation of the agreement
This agreement shall operate from the date of certification by the Queensland Industrial Relations Commission and shall remain in force until 1st September 2006.
1.6
Conditions not to be reduced
No AEO employee shall suffer a reduction in wages or conditions of employment (including entitlements in excess of the minima prescribed in this agreement) as a result of the introduction of this agreement. This certified agreement shall prevail over any contract of employment to the extent of any inconsistency. For the purposes of this agreement “inconsistency” shall mean that where the terms and conditions of this agreement are more favourable than those contained in the contract of employment, then the terms and conditions of this agreement shall prevail. Conversely when the terms and conditions of the contract of employment are more favourable than those contained in this agreement, then the terms and conditions of the contract of employment shall apply.
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1.7
No further claims
There shall be no further wage increases during the life of this Agreement other than those provided for in Clauses 5.1 and 5.2. The Agreement constitutes a closed agreement in settlement of all matters contained herein for the duration of this Agreement. The parties agree that there will be no further claims in regard to the matters set out herein during the life of this Agreement. This agreement may be varied in accordance with the provisions of the Act. This Certified Agreement may be varied in circumstances where all of the parties genuinely agree that a variation is necessary. Where agreement is reached then this Agreement shall be varied by application to the Queensland Industrial Relations Commission in accordance with the provisions of the Act. Any agreed variation to this Agreement will be subject to the same consultation and approval process as that used for this Agreement.
Part 2 - COMMUNICATION, CONSULTATION and DISPUTE RESOLUTION 2.1
Consultative mechanisms and procedures in the workplace
(1)
The parties to this agreement are committed to ongoing and positive co-operation to maintain and improve the quality of the provision of Catholic education for students in the Catholic education enterprise covered by this Agreement. Further, the parties are committed to the enhancement of career opportunities and job security of AEO employees.
(2)
Consistent with the preceding sub-clause and consistent with the objectives of the agreement, matters raised by the parties for consideration shall be processed through a consultative mechanism and procedure. The Executive Director (or nominee), supported by an Executive Officer, will meet at least twice per year with a maximum of two employee representatives from each of the following areas of the Brisbane Catholic Education Centre: • Executive Support and Faith Education Services • Supervision and Equity • Religious Education and Curriculum • Administrative Services • Employee Support Services. This Consultative Committee shall operate within the following guidelines:
2.2
1.
The committee shall meet at least two (2) times per year, or once for each school semester
2.
Additional meetings may be called at the discretion of the Employing Authority representative or at the request of at least three employee members of the committee
3.
Representatives will consult with the group(s) that they represent on matters under consideration
4.
The committee shall demonstrate through regular reports what steps and/or actions it has taken to address actions resulting from the agreement or matters raised by either the Employer or Employee groups. A brief outline of the report may be presented at BCEC staff meetings and the full report shall be posted to the staff intranet and advertised appropriately.
Grievance and dispute resolution procedures
In the event of any dispute arising between the employing authority and the employee(s) such dispute shall be dealt with in the manner prescribed by this clause. While the procedure set out hereunder is being followed normal work shall continue except in the case of a genuine health and/or safety issue. (1)
The matter in dispute shall in the first instance be raised by the employee(s) for discussion with the relevant senior manager or nominee. Such discussions should take place as soon as possible after the request by the employee or the employee’s representative.
8 (2)
If the matter is not resolved it shall be dealt with by the employee(s) or the chosen representative of the employee(s) or the union and the relevant member of the Leadership Team or nominee of the Director.
(3)
If the grievance or dispute is not resolved under subclauses (1) and (2) hereof, the employee(s) or the chosen representative of the employee(s) may refer the matter to the Director. A response to the matter should be provided, if possible, within 24 hours of the request by the employee(s) or the representative of the employee(s).
(4)
If the grievance or dispute is not resolved under subclauses (1), (2) and (3) hereof, the employee(s) or the chosen representative of the employee(s) may refer the matter to the office of the Moderator of the Archdiocese of Brisbane for response. Such response should be provided as soon as possible after the request by the employee(s) or the representative of the employee(s).
(5)
Should the matter remain unresolved either party may refer the matter to the Industrial Relations Commission of Queensland for resolution.
(6)
Any order of the Industrial Relations Commission (subject to the parties right of appeal under the Act) shall be final and binding on all parties to the dispute.
(7)
The status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed, without prejudice to the position of any party.
(8)
Discussions at any stage of the procedure shall not be unreasonably delayed by any party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed, or hindered it shall be open to any party to give notification of the dispute to the Industrial Relations Commission of Queensland.
2.3
Anti-discrimination
It is the intention of the p arties to this certified agreement to achieve the principal object in section 3(c) of the Industrial Relations Act 1999 by helping to prevent and eliminate discrimination.
2.4
Equal employment opportunity
(1)
The employing authority seeks to ensure that policies on recruitment and promotion provide equal opportunity for all employees. To this end all appointments and promotions shall be based on merit, skills and qualifications.
(2)
Practices employed by Brisbane Catholic Education will implement the intention and meet the requirements of the Catholic Education Council Policy Statement - Equal Opportunity for Women in the Workplace (Revised July 2002). (See schedule 5)
Part 3 - RELATIONSHIP to the AIMS of BRISBANE CATHOLIC EDUCATION 3.1
Acknowledg ment
The employing authority and employees acknowledge and agree to work towards the achievement of the Mission Statement and Goals for Brisbane Catholic Education Centre staff.
3.2
Objectives of the certified agreement
This agreement provides a framework for the employing authority and the employees to implement further a culture of mutual collaborative partnership within and across the Brisbane Catholic Education Centre for the purpose of improving productivity, efficiency and more effective work practices.
9 The Objectives of the Terms of Agreement are to develop a culture of workplace reform by: (1)
Demonstrating a commitment to working as part of the Archdiocesan educational ministry through an understanding of Archdiocese of Brisbane Mission and Directions Statement and the Vision Statement for Catholic Education for the Archdiocese of Brisbane. (See schedule 6)
(2)
Demonstrating a commitment to the Mission Statement of Brisbane Catholic Education Centre witnessed in attitude and performance.
(3)
Supporting the development of staff members so that they give witness to the mission, values and goals of Brisbane Catholic Education Centre.
(4)
Improving the effectiveness of support services to schools and other agencies in contributing to the provision of quality t eaching and learning.
(5)
Improving work practices to enhance the efficiency and productivity so that excellent service is provided.
(6)
Creating more effective management and resourcing processes which increase flexibility, responsiveness and professionalism.
(7)
Reflecting upon and initiating new ways of working.
(8)
Promoting a learning community by regularly reflecting on performance, goal setting and planning for professional development needs.
(9)
Providing benefits to employees through improved wages and conditions of service.
(10)
Developing and implementing collaborative and consultative decision making processes.
(11)
Ensuring that the Brisbane Catholic Education Centre is a supportive, caring, professional and safe working environment.
(12)
Demonstrating a commitment to continual professional development and upgrading as required to maintain excellent work practices and performance.
(13)
Promoting a welcoming, affirming and non-discriminatory environment.
(14)
Encouraging leadership to promote justice and spiritual development in the wider educational faith community.
Part 4 – EMPLOYER and EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP and RELATED ARRANGEMENTS 4.1
Role description
The employing authority shall provide the employee upon appointment with a role description which sets out key functions, result areas and responsibilities of that role.
4.2
Terms of engagement
At the point of engagement the employing authority shall provide the employee with a letter of employment which sets out the terms of engagement stating, inter alia, the length of appointment, the position classification, the rate of salary as at appointment and other conditions of employment.
4.3
Termination of employment
Excepting where otherwise agreed, notice of one (1) month shall be given by either party on the termination of employment of the employee. The period of notice shall not apply to any employee dismissed for gross misconduct.
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4.4
Fixed Term Contracts
(1)
AEO fixed term positions for employees who do not have a guarantee of employment in the system beyond the contract period(s) shall be reviewed within the last six months of three years of employment in that position. Such review will determine whether the position will become a continuing position.
(2)
An AEO employee on a fixed term contract will be advised three months prior to the end of the contract as to whether the contract will be renewed.
4.5
Deeming of AST status
At the conclusion of a term of employment for an employee within the Brisbane Catholic Education Centre, who is a registered teacher with the Board of Teacher Registration in Queensland, the relevant provisions 1) and 2) below will be applied. (1)
An AEO employee, employed within the Brisbane Catholic Education Centre on the date of the certification of this agreement and whose performance in the role has met the criteria in the “Deeming of AST status guidelines”, shall, on application, be deemed to hold AST 1 or AST 2 status on return to a teaching or administrative position within a school in Brisbane Catholic Education.
(2)
An AEO employee, employed within Brisbane Catholic Education Centre after the date of the certification of this agreement will not be granted AST 1 or 2 status on termination of the contract unless that employee reaches the equivalent of Band 3 Step 4 eligibility for AST during the period of contract. An employee who reaches eligibility for AST 1 status during the period of the contract and, whose performance in the role has met the criteria in the “Deeming of AST status guidelines”, shall, on application, be deemed to hold AST 1 status. After a period of three years of being deemed as AST 1 status, an employee, whose performance in the role has met the criteria in the “Deeming of AST status guidelines”, shall be eligible to apply for the deeming of AST 2 status.
(3)
The employing authority undertakes to revise the “Deeming of AST status guidelines” and liaise through the consultative committee. This task shall be completed by June 2004.
Part 5 - SALARY and RELATED MATTERS 5.1
Salary increase Employees covered by this agreement shall be paid in the first full pay period following an affirmative ballot, an increase according to the BCE salary scale as outlined in Schedule 1. (This salary scale reflects a salary increase of 3.8% applied to rates established on 4 February 2002.)
5.2
Further salary increases
(1)
Further salary increases outlined in this Clause shall be paid to employees covered by this agreement following an affirmative ballot in the Diocesan Catholic Education Employing Authorities in Queensland Certified Agreement 2003. The salary increases paid in accordance with this provision and the operative dates are specified in Schedules 2 and 3.
(2)
Employees will also receive any increase commensurate with the percentage increases (from the relevant operative dates) applied to teachers at Band 3 Step 4 of the Teachers’ Award – Non-Governmental Schools who are employed by the employing authority. The salary increase paid in accordance with Clauses 5.1 and 5.2(1) of this Agreement will be absorbed into any other increase paid in accordance with this sub-clause.
(3)
If teachers covered by the Diocesan Catholic Education Employing Authorities in Queensland Certified Agreement 2003 receive an increase in salary which is subsequently absorbed into any further increased payments, the same principle of payment of increased salaries will apply to employees covered by this certified agreement.
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5.3
Superannuation
(1)
The employing authority recognises that an increased employer contribution combined with an employee copayment, delivers a substantial benefit to the employee’s superannuation savings.
(2)
The parties recognise that any additional superannuation contributions from employees is a matter of employee choice within the options available. The payment to be made by the employing authority will be subsumed into any payment mandated by Superannuation Guarantee Charge legislation, if any such payment is mandated.
(3)
Employees shall receive a minimum level of superannuation consistent with existing contractual arrangements which apply in each employing authority.
(4)
The employing authority shall make available to all employees, an option of a 10.75% superannuation employer contribution inclusive of the Superannuation Guarantee Contribution with a co-payment of 3% as the minimum employee contribution. This superannuation option will be available from the first full pay period on or after the date of a successful ballot for this enterprise bargaining Agreement.
(5)
The employing authority shall also make available to all employees covered by this Agreement the following options a)
as of the first full pay period on or after 1 June 2004, a superannuation employer contribution of 11.75% inclusive of the Superannuation Guarantee Contribution, with a co-payment of 4% as the minimum employee contribution; and
b)
as of the first full pay period on or after 1 June 2005, a superannuation employer contribution of 12.75% inclusive of the Superannuation Guarantee Contribution, with a co-payment of 5% as the minimum employee contribution.
(6)
An employee’s voluntary superannuation co-payment may be made before tax in accordance with the salary packaging provisions.
5.4
Classification of AEO positions
(1)
Upon appointment or upon establishment of the position, the AEO position shall be classified by the employing authority in accordance with an appropriate work value methodology that reflects an educational and service organization. The employee will be appointed to the level within the BCE salary scale that accords with the outcomes of the methodology.
(2)
AEO positions and work value points which have been classified in accordance with the work value methodology referred to in subclause (1) are set out in attached Schedule 4.
5.5
Reclassification
(1)
The parties to this agreement recognise that the reclassification of positions is a prerogative of the employing authority.
(2)
The employee may request of the employing authority a classification review when the employee believes that there has been a change in the work value of the employee’s role. The reclassification of an established position shall occur only when there has been a substantial and sustained change in the work value pertaining to the role, responsibility and accountability of such a position. A work value analysis shall be conducted by an accredited consultant, in accordance with an appropriate work value methodology that reflects an educational and service organization. The consultant shall conduct an appropriate analysis of the position and forward recommendations to the employing authority for determination.
(3)
Should the employing authority require that a position be reclassified during the term of engagement of an employee occupying that position, the employee shall not be disadvantaged by the outcomes of such reclassification. The employee concerned will be afforded all rights and entitlements in accordance with their common law contract of employment, the provisions of the Industrial Relations Act 1999, the tenets of procedural fairness and the provisions of this agreement.
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5.6
Increments
(1)
Once appointed to a level within the salary scale as outlined in clause 5.1 and 5.2, an AEO employee shall progress, subject to satisfactory performance, by annual increments through the steps of that particular level.
(2)
An employee may be appointed to a position which has been classified at a higher level in terms of work value points and salary without having progressed through all steps within a lower level.
5.7
Higher duties
(1)
Employees who are appointed, for four consecutive weeks or more, to undertake the full duties and responsibilities of a position which is classified at a higher level in accordance with the salary scale set out in clause 5.1and 5.2, shall receive the salary appropriate to that position.
(2)
Provided that the employee who is carrying out the higher duties shall be paid at the pay point appropriate to the acting position which is equal to or greater than the employee’s current rate of remuneration.
5.8
Payment of salaries
The pay ment of employee salaries shall be made fortnightly by electronic funds transfer into an account/s nominated by the employee.
5.9
Salary packaging
(1)
All Administration and Education Officers shall have the option of entering into a salary packaging arrangement. A salary packaging arrangement may be entered into by mutual agreement between the individual employee and the employing authority. In such circumstances the value of the salary prior to packaging, excluding compulsory employer superannuation payments, shall not be less than the rates identified in clauses 5.1 and 5.2 of this agreement.
(2)
A Total Employment Cost (TEC) approach shall apply during the continuance of the appointment as employee. The TEC shall be the sum of the employee’s base salary set out in clause 5.1 and 5.2 of this agreement, leave loadings where such apply, and compulsory superannuation payments being met by the employing authority.
(3)
The employee’s total package shall comprise a cash salary component and an agreed optional range of benefits financed by the employee by salary sacrifice. The cash salary shall not be less than 50% of the employee’s TEC less the appropriate Superannuation Guarantee Charge and any voluntary superannuation contributions.
(4)
The employee does not pay income tax on the non-cash benefits within the package, but shall package an amount equivalent to any and every amount of the liability under current fringe benefits taxation incurred by the employing authority for the benefits provided to the employee. All regulations set down by the Australian Taxation Office shall be followed by the employing authority.
(5)
The parties agree to review this process if and when there is significant change to existing tax laws.
(6)
The employee may change the election of benefits prior to the commencement of each school year. The composition of the package can be altered without affecting the other terms of the contract of employment as an employee. The employee shall be responsible for seeking their own independent advice on the financial implications of accepting payment in accordance with the TEC method, prior to submitting their preferred options to the employing authority for payment.
(7)
5.10
Annual goal setting and performance review
Each employee shall undertake a process of annual goal setting and performance review in accordance with Brisbane Catholic Education policies and procedures. (See schedule 7)
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Part 6 – LEAVE 6.1
Long service leave
(1)
All employees covered by this agreement shall accrue long service leave on full pay at the rate of (thirteen) 13 weeks leave for (ten) 10 years of full time continuous service. The taking and approval of such leave shall be in accordance with the provisions of the Brisbane Catholic Education Leave Handbook. The employing authority shall make available for all Administration and Education Officers the second and subsequent accrual of long service leave after five (5) years of continuous service.
(2)
From 1 January 2004, service for Long Service Leave accruals with Queensland Catholic education employing authorities shall be portable provided that (a)
all service with the employee’s employer on and after 1 January 2004, shall be portable, and
(b)
all service for the purposes of Long Service Leave accruals, with any Catholic education employing authority in Queensland after 1 January 1994, shall be portable, and
(c)
there must be continuity of service between Catholic education employing authorities.
6.2
Sick leave
(1)
Accrual of sick leave (a)
Full time employees are entitled to sick leave accrual at the rate of ten (10) days per year. Such accrual will operate from and include the first pay period after the commencement of the 2001 school year. Sick leave is accumulated at one (1) day for every 5.2 weeks worked. Part-time employees are entitled to sick leave on a pro rata basis. An employee engaged on a casual basis does not accrue and is not entitled to paid sick leave.
(b)
(2)
The employing authority shall provide access to accrued sick leave entitlements beyond 13 weeks in any one year.
Use of sick leave.
An employee who is absent from work due to illness shall be entitled to payment in full for all time absent from work in accordance with this clause:
(3)
(a)
If the absence due to illness exceeds two (2) days, the employee shall be required to produce a certificate from a duly qualified medical practitioner specifying the nature of the illness and the period or approximate period during which the employee will be unable to work, or other evidence of illness to the satisfaction of the employing authority.
(b)
The employee shall promptly notify the employing authority of the illness and of the approximate period during which the employee will be unable to work.
Continuity of employment (a)
The continuity of employment of an employee with the employing authority for sick leave accumulation purposes shall be deemed to be not broken by any of the following: (i)
absence from work on leave granted by the employing authority;
(ii)
the employee having been stood down by the employing authority, or the employment having been terminated by either the employing authority or the employee, for any period not exceeding three months. Provided that the employee shall have been re-employed by that employing authority.
14 (b)
(4)
The period during which the employment of the employee with the employing authority shall have been interrupted or determined in any of the circumstances mentioned in subclause (3)(a) shall not be taken into account in calculating the period of employment of the employee with the employing authority.
Sick leave provision
There will be portability of sick leave among all Catholic education employing authorities within Queensland conditional upon the following.
6.3
(a)
All sick leave accruing after the date of certification of the Agreement will be portable; and
(b)
There must be continuity of service between Catholic education employing authorities; and
(c)
The employing authority will grant a new employee, with at least twelve (12) months service with another Catholic education employing authority in Queensland, an initial sick leave provision of eight (8) days, when that employee moves from one Catholic education employing authority in Queensland to another. Such provision shall only operate where the period between the date of termination with the former employer and the date of commencement with the new employer was no longer than three (3) months. Such provision will be in addition to sick leave accrued through service with the new employer.
(d)
As of twelve months after the certification date of this Agreement, the provision that exists in subclause (c) for the recognition of 8 days sick leave for an employee who moves from one Catholic education employer to another will cease.
Health check leave
The parties recognise the importance of employees maintaining healthy lifestyles and regular health check-ups. The employing authority agrees that employees with forty (40) or more days of accumulated sick leave shall be entitled to use one (1) day per annum of this accumulated sick leave to obtain medical advice and/or treatment of a preventative nature. The employee shall, where practicable, give the employer two (2) weeks’ notice prior to taking health check leave.
6.4
Bereavement leave
(1)
An employee, other than a casual, on the death of a wife, husband, father, mother, father-in-law, mother-inlaw, grandparent, brother, sister, child, step-child, grandchild, other family member or close family friend shall be entitled on notice to leave up to and including the day of the funeral of such relative and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee for two ordinary days of work.
(2)
Proof of such death shall be furnished by the employee to the satisfaction of the employing authority whenever required.
6.5
Family leave
The provisions of the Family Leave Award 2003 (AR10 of 2003) apply to and are deemed to form part of this certified agreement. These provisions include maternity leave, paternity leave, adoption leave and carer’s leave.
6.6
Maternity leave
(1)
Eligible employees are entitled to six (6) weeks paid maternity leave. An administrative document setting out the terms and conditions of this entitlement has been developed.
(2)
A pregnant woman may take unpaid special maternity leave, for a duration identified as necessary by a doctor, if she should have a miscarriage at any time during the pregnancy.
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6.7
Paid adoption leave
The employer agrees to the introduction of a provision for up to six (6) weeks paid adoption leave for the primary care giver from the date of placement of the adopted child. This leave will be taken in accordance with the provisions of the Family Leave Award – State and the agreed Adoption Leave Procedures.
6.8
Annual leave
(1)
Every employee shall become entitled to not less than twenty days’ (20) annual leave for each completed year of employment with the employing authority.
(2)
In respect to annual leave entitlements to which this clause applies, payment for annual leave shall be calculated as follows:(a)
the employee’s ordinary weekly salary rate as prescribed in clauses 5.1 and 5.2 for the period of annual leave and;
(b)
a further amount calculated at the rate of seventeen and one half per centum of the amounts referred to in subclause (a) of this clause.
(3)
Provided that those employees who elect to enter into a salary packaging arrangement based on the Total Employment Cost approach as prescribed in clause 5.9 of this agreement shall receive the payment for annual leave in accordance with clause 5.9(2).
(4)
Provided that employees who are engaged on a casual basis are not entitled to accrue or receive annual leave.
6.9
Public holidays
(1)
An employee shall be entitled to a holiday on the following days: New Year’s Day Australia Day Good Friday Easter Saturday Easter Monday Anzac Day Labour Day Queen’s Birthday Christmas Day Boxing Day or day appointed under the Holidays Act in lieu of the above days.
(2)
In addition an employee shall be entitled to a holiday on the day appointed under the Holidays Act as a holiday in relation to the agricultural, horticultural or industrial show for that city, town or district.
6.10
Leave without pay
(1)
Any employee who is granted leave of absence without pay to obtain further experience, training, or qualifications, or who is granted special leave (e.g. under the Family Leave Award State) shall not lose continuity of service for salary, sick and long service leave purposes.
(2)
The period of leave shall not by reason only of this provision be taken into account in calculating the period of service of the employee.
16
Part 7 - TRAVELLING and EXPENSES 7.1
Travelling allowance
Where an employee is required to travel in the course of employment, the employing authority shall meet all reasonable costs associated with that travel in accordance with the provisions of the Brisbane Catholic Education Centre Policy as amended from time to time. (See schedule 8)
Part 8 – ISSUES of WORK PRACTICE 8.1
Professional development and training
(1)
The employing authority and employees accept a shared responsibility for the negotiation of a program of relevant professional development linked to the performance review outcomes and the mission and goals of Brisbane Catholic Education Centre.
(2)
In the context of the mission and goals of Brisbane Catholic Education Centre, and consistent with performance review outcomes, the employer and employee shall determine and each year the employee shall undertake professional development. It is acknowledged that some of this professional development will occur during work time. It is expected however, that the employee shall also undertake professional development outside of working time.
(3)
Except where the employing authority sponsors, provides and/or pays for the professional development, the costs shall be met by the individual employee.
(4)
Eligible long-serving employees shall be granted Professional Renewal Program leave in accordance with the guidelines developed.
(5)
AEO employees will be eligible to apply for sponsorship for study within the parameters of the current sponsorship scheme available to teachers.
(6)
During February 2004 the employer and employees will establish a joint Professional Development Task Group of up to seven persons with knowledge, expertise and commitment to the ongoing professional development of staff. This Task Group will operate on the following principles: • • •
(7)
Brisbane Catholic Education is a professional learning community that is committed to lifelong learning for all Ongoing professional development is a shared responsibility between employer and employee Employer supported professional development opportunities for staff are related to role and function within BCEC and to goal setting and performance appraisal processes
The Task Group will undertake the following: (i)
Analyse the application of current funds allocated to professional development within and across budgets related to AEO employees
(ii)
Develop written guidelines for professional development options available to staff inclusive of matters such as: • The development of a professional development framework for AEO employees • Fully funded professional development • Part funded professional development • Leave (paid and unpaid) considerations for approved study • Formal course work related to role and function • Conference attendance • Payment of approved tertiary fees • Management and authorisation • Overall budget implications
(iii)
Make recommendations for future action.
17
8.2
Statement of principles
(1)
All employees appointed to Brisbane Catholic Education are required to accept the Statement of Principles which reflect the expectations that employees within Brisbane Catholic Education Centre by their words, attitudes and deeds give witness to their work within the Archdiocese of Brisbane. (See schedule 9)
8.3
New work practices
(1)
The line manager is responsible for the daily requirements of an AEO employee to work their normal hours. An AEO employee and their line manager may negotiate on a needs basis for modified working hours or discretionary leave as long as it is not regular or significant.
(2)
As a learning people working within an educational setting it is acknowledged that new work practices are constantly evolving through educational and technological change and the introduction of new procedures. The employing authority provides a commitment to minimise the impact of new work practices on employees through a process of consultation and collaboration with employees. Employees are committed to the implementation of new work practices in accordance with the objectives of this agreement.
(3)
During February 2004 the employer shall convene a joint Flexible Work Arrangement Task Group (FWATG) comprised of four employer nominees and three employees determined by employees. In giving consideration to the membership of FWATG the employer and employees shall consider the need for persons with knowledge and expertise in the matter of flexible work arrangements. The FWATG will operate on the following principles: • • • • •
Organisational needs are to continue to be met in the consideration of any trial flexible arrangements Any trial arrangements will not result in a reduction of hours of engagement of employees Development and implementation of trial arrangements are to be cost neutral and not impact negatively on the work of other BCEC staff Enhancement of service delivery to those whom AEO employees serve is an intentional outcome of any trial arrangements Any trial arrangements require ease of management and implementation and will be evaluated after an agreed period of time.
The FWATG will undertake the following: (1) Examine and document current work practices across AEO employees (2) Identify and document possible flexible work arrangements which are open to the organisation and its employees consistent with the principles (3) Identify and recommend the areas of work practice where trials may be implemented Upon acceptance of some or all of the recommendations by the employer the Task Group will: (4) Establish guidelines, procedures and a timeline for trials (5) Manage the evaluation of the trials (6) Make recommendations for future action. The FWATG will meet, where appropriate, conjointly with a Clerical Employees Flexible Work Arrangement Task Group. To assist conjoint arrangements there may be the same chairperson of each Task Group and cross delegation of membership.
8.4
Workplace stress
(1)
Preamble The prevention and management of workplace stress helps secure a safer and healthier and more effective workplace for employees. The term 'workplace stress' refers to those negative reactions people have to aspects of their environment due to pressures within the work environment.
18 The employing authority recognises its legal requirement to assess the working environment for systems and practices that may lead to negative stress response and to put into place preventative measures. It is also recognised that policies which benefit employee health can improve productivity. Low levels of negative stress response are associated with low levels of staff turnover, absenteeism and low rates of injury. Workplaces that are perceived as healthy are characterised by clear policies and active methods of dealing with people which encourage a) respect for the dignity of each employee; b) regular feedback and recognition of performance; c) clear goals for employees in line with organisational goals; d) employee input into decision-making and career progression; and e) consistent and fair management actions. (2)
Implementation The employing authority agrees to the implementation of strategies to prevent and address workplace stress.
(3)
Managing Workplace Stress Stress management interventions shall be based on prevention, management and minimisation strategies and are aimed at identifying and eliminating causes of workplace stress.
(4)
Structured Approach A structured step -by-step problem solving approach involving participation and consultation shall be adopted to identify and focus on the real issues causing workplace stress.
(5)
Control Strategies Control strategies shall be adopted to reduce the incidence of workplace stress.
8.5
Casual employment
(1)
Casual loading As from the first full pay period after the coming into effect of this Agreement, the casual loading payable to relevant employees will be twenty-three per cent (23%) unless varied within the life of this Agreement by a general ruling of the Queensland Industrial Relations Commission.
(2)
Duties A casual employee cannot be directed to perform duties in excess of those for which the employee is paid.
8.6
Breast-feeding and expressing facilities
The employing authority will, upon request, provide a private and secure area for the purpose of breastfeeding and/or expressing and storing milk separate to communal staff facilities.
8.7
Pay slip advice
The employing authority agrees to the implementation of measures to provide all employees with details of leave accruals. Where information concerning the accrual of sick leave and annual leave is not currently reported on pay slips, the employing authority will respond to employee requests for this information within twenty-one (21) days of receipt of the request. Where the capacity to report on these accruals currently does not exist, the employing authority will work towards achieving this capacity within the life of the Agreement.
19 The employing authority will advise employees when they are eligible for Long service Leave. The employing authority will respond to requests from employees for an assessment of current long service accrual within twenty-one (21) days of receipt of the request.
Part 9 – FUTURE RE-NEGOTIATION of AGREEMENT 9.1
Renewal or replacement agreement
The parties agree to re-open negotiations at least three months prior to the expiry of this Agreement, with a view to negotiate a further Agreement.
PART 10 – SIGNATORIES to AGREEMENT 10.1
Signatories to agreement
Signed for and on behalf of The Corporation of the Trustees of the Roman Catholic Archdiocese of Brisbane
In the presence of:
(signature)
(witness to sign)
(print name)
(print name)
Signed for and on behalf of the Queensland Independent Education Union of Employees
In the presence of:
(signature)
(witness to sign)
(print name)
(print name)
20
SCHEDULE 1
BCE Salary Scale 3.8%
Level
Work value points
Step Annual
F/N
BCE-7
(750-929)
1 2 3 4
$89,760 $93,081 $96,408 $99,648
$3,440.50 $3,567.80 $3,695.30 $3,819.50
BCE-6
(600-749)
1 2 3 4
$83,058 $86,136 $89,212 $92,291
$3,183.60 $3,301.60 $3,419.50 $3,537.50
BCE-5
(480-599)
1 2 3 4
$77,198 $80,052 $82,912 $85,774
$2,959.00 $3,068.40 $3,178.00 $3,287.70
BCE4
(380-479)
1 2 3 4
$68,357 $70,887 $73,415 $75,954
$2,620.10 $2,717.10 $2,814.00 $2,911.30
BCE-3
(300-379)
1 2 3 4
$60,736 $62,870 $65,012 $67,151
$2,328.00 $2,409.80 $2,491.90 $2,573.90
BCE-2
(240-299)
1 2 3 4
$53,026 $54,991 $56,950 $58,917
$2,032.50 $2,107.80 $2,182.90 $2,258.30
BCE-1
(180-239)
1 2 3 4
$45,440 $47,120 $48,808 $50,271
$1,741.70 $1,806.10 $1,870.80 $1,926.90
21
SCHEDULE 2
BCE Salary Scale
Level
3.5% Effective from 1 July 2004 Work value points Step Annual
F/N
BCE-7
(750-929)
1 2 3 4
$92,901 $96,340 $99,781 $103,136
$3,560.90 $3,692.70 $3,824.60 $3,953.20
BCE-6
(600-749)
1 2 3 4
$85,964 $89,152 $92,335 $95,521
$3,295.00 $3,417.20 $3,539.20 $3,661.30
BCE-5
(480-599)
1 2 3 4
$79,901 $82,854 $85,813 $88,777
$3,062.60 $3,175.80 $3,289.20 $3,402.80
BCE4
(380-479)
1 2 3 4
$70,749 $73,368 $75,985 $78,612
$2,711.80 $2,812.20 $2,912.50 $3,013.20
BCE-3
(300-379)
1 2 3 4
$62,862 $65,069 $67,287 $69,502
$2,409.50 $2,494.10 $2,579.10 $2,664.00
BCE-2
(240-299)
1 2 3 4
$54,881 $56,916 $58,944 $60,978
$2,103.60 $2,181.60 $2,259.30 $2,337.30
BCE-1
(180-239)
1 2 3 4
$47,031 $48,769 $50,517 $52,030
$1,802.70 $1,869.30 $1,936.30 $1,994.30
22
SCHEDULE 3
BCE Salary Scale
Level
3.5% Effective from 1 July 2005 Work value points Step Annual
F/N
BCE-7
(750-929)
1 2 3 4
$96,152 $99,711 $103,274 $106,747
$3,685.50 $3,821.90 $3,958.50 $4,091.60
BCE-6
(600-749)
1 2 3 4
$88,972 $92,273 $95,568 $98,863
$3,410.30 $3,536.80 $3,663.10 $3,789.40
BCE-5
(480-599)
1 2 3 4
$82,698 $85,755 $88,816 $91,884
$3,169.80 $3,287.00 $3,404.30 $3,521.90
BCE4
(380-479)
1 2 3 4
$73,225 $75,935 $78,644 $81,365
$2,806.70 $2,910.60 $3,014.40 $3,118.70
BCE-3
(300-379)
1 2 3 4
$65,061 $67,347 $69,643 $71,933
$2,493.80 $2,581.40 $2,669.40 $2,757.20
BCE-2
(240-299)
1 2 3 4
$56,802 $58,910 $61,007 $63,113
$2,177.20 $2,258.00 $2,338.40 $2,419.10
BCE-1
(180-239)
1 2 3 4
$48,677 $50,475 $52,286 $53,851
$1,865.80 $1,934.70 $2,004.10 $2,064.10
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SCHEDULE 4 BCE CLASSIFICATION STRUCTURE
Classification BCE 7 (750-929) BCE 6 (600-749)
BCE 5 (480-599)
BCE 4 (380-479)
Position Title
Area Supervisor
Manager - Employee Development Manager - Employee Relations Manager - Information & Communication Technologies Manager - Planning and Building Principal Education Officer - Curriculum Principal Education Officer - Equity Services Principal Education Officer - Faith Education Services Principal Education Officer - Religious Education Support Team
Co-ordinator - Multimedia Centre Manager – Communications and Marketing Manager – Employee Services School Community Development Officer Senior Accountant – Financial Services Senior Development Officer – Primary Schooling Senior Development Officer – Secondary Schooling Senior Education Officer – Aboriginal and Torres Strait Islander Education Senior Education Officer – Curriculum Senior Education Officer – Guidance Counselling Student Protection Senior Education Officer – Learning Support and Therapy Services Team Leader – User Services
Accountant – School Support Building Officer – Capital Works Building Officer - Maintenance Co-ordinator - Adult Education Education Officer – Counsellor Supervision Education Officer – Cultural Literacy and Languages Education Officer – Curriculum Education Officer – Disability Resource Education Officer – Distance Education Education Officer – Information Technology Education Officer – Learning Support and Therapy Services Education Officer – Religious Education Education Officer – Resource Consultant Education Officer – Speech Pathology Supervisor Education Officer – State School Parish Family RE Team Education Officer – Theological Studies (IFE) Education Officer – Young Adult Ministry Financial Accountant Manager – Office Services Planning Officer – Grade 1 Professional Officer – Executive Support Professional Officer – Student Protection Project Officers – Religious Education and Curriculum Senior Consultant – Professional Development Support Solicitor - Employee Relations Staffing Officer
24 BCE 3 (300-379)
BCE 2 (240-299)
BCE 1 (180-239)
Please note:
Building Officer – Construction Data Base Administrator Education Officer – Ministry Formation and Adult Education Field Officer – State School Parish Family RE Team Manager – Occupational Health and Safety Network Administrator Planning Officer – Grade 2 SmartStream & Support Officer
Communications and Marketing Officer Co-ordinator Aboriginal & Torres Strait Islander Cultural Studies Centre - Inala Co-ordinator Training Officer - ESS Employee Relations Officer Workplace Health and Safety Officer
Assistant Manager Office Services Assistant Network Administrator Co-ordinator – O’Shea Centre Co-ordinator Receipt & Dispatch Database Development Officer Employee Development Officer MAZE Development Officer Personal Assistant to Executive Director Senior Printer Staffing Administration Officer Website Development Officer Workplace Health & Safety Officer
Not all AEO positions may appear in this schedule. As positions are classified in accordance with clause 5.4 (2), then amendments shall form part of this schedule.