FWAA 9385
DECISION Fair Work Act 2009 s.185—Enterprise agreement
Emmanuel Education Ltd T/A Emmanuel College (AG2011/3453)
EMMANUEL COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2012 Educational services VICE PRESIDENT LAWLER
SYDNEY, 30 DECEMBER 2011
Application for approval of the Emmanuel College Collective Enterprise Agreement 2012.  An application has been made for approval of an enterprise agreement known as the Emmanuel College Collective Enterprise Agreement 2012 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Emmanuel Education Ltd. The Agreement is a single-enterprise agreement.  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.  The Independent Education Union of Australia, Australian Nursing Federation, Queensland Nurses’ Union and United Voice being a 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) of the Act I note that the Agreement covers these organisations.  The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 January 2012. The nominal expiry date of the Agreement is 31 December 2015.
VICE PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code O, AE890685 PR518640>
Attachment A EMMANUEL COLLEGE COLLECTIVE ENTERPRISE AGREEMENT 2012 TABLE OF CONTENTS Clause No PART 1 – PRELIMINARY Title ....................................................................................................................................................................................... 1.1 Agreement Coverage ............................................................................................................................................................. 1.2 Date and Period of Operation ................................................................................................................................................ 1.3 Agreement Posting ................................................................................................................................................................ 1.4 Collective Bargaining Working Party ................................................................................................................................... 1.5 PART 2 – RELATIONSHIP TO AIMS OF THE COLLEGE Preamble ................................................................................................................................................................................ 2.1 Staff Lifestyle Requirement .................................................................................................................................................. 2.2 Objectives .............................................................................................................................................................................. 2.3 Educational Criteria............................................................................................................................................................... 2.4 School Improvement ............................................................................................................................................................. 2.5 PART 3 – EFFICIENCY AND EFFECTIVENESS INITIATIVES Hours of Duty - Teaching Staff ............................................................................................................................................. 3.1 Procedures for Resolving Disputes ....................................................................................................................................... 3.2 Professional Development ..................................................................................................................................................... 3.3 Computerisation and Technology.......................................................................................................................................... 3.4 Senior Teacher (Schedule 4) ................................................................................................................................................. 3.5 Senior Teacher 2 (Schedule 5) .............................................................................................................................................. 3.6 Resignation ........................................................................................................................................................................... 3.7 Notice of Termination ........................................................................................................................................................... 3.8 Redundancy ........................................................................................................................................................................... 3.9 Graduate Teacher ................................................................................................................................................................ 3.10 School Officers Classifications ........................................................................................................................................... 3.11 Performance Review (Schedule 2) ...................................................................................................................................... 3.12 Positions of Added Responsibility (Schedule 3) ................................................................................................................. 3.13 Additional Employment Arrangements (Schedules 7 – 11) ................................................................................................ 3.14 Individual Flexibility ........................................................................................................................................................... 3.15 Job Share ............................................................................................................................................................................. 3.16 PART 4 – WAGES, SALARIES AND RELATED MATTERS Wage Increases – Non-Teaching Employees ........................................................................................................................ 4.1 Salary Increases – Teaching Employees ............................................................................................................................... 4.2 Enforceability of Wage and Salary Increases ........................................................................................................................ 4.3 Occupational Superannuation................................................................................................................................................ 4.4 Annualisation of Salary for Term Time Non Teaching Staff ................................................................................................ 4.5 No Further Claims ................................................................................................................................................................. 4.6 PART 5 – NON-SALARY BENEFITS Leave ..................................................................................................................................................................................... 5.1 Annual Leave – Non Teaching Staff .................................................................................................................................... 5.2 Long Service Leave ............................................................................................................................................................... 5.3 Cashing out Long Service Leave........................................................................................................................................... 5.4 Maternity Leave (Schedule 6) ............................................................................................................................................... 5.5 Paid Paternity Leave.............................................................................................................................................................. 5.6 Paid Adoption Leave ............................................................................................................................................................. 5.7 Emergency And Natural Disaster Leave ............................................................................................................................... 5.8 Salary Packaging ................................................................................................................................................................... 5.9
PART 6 – SIGNATORIES SCHEDULE 1 – WAGE RATES SCHEDULE 2 – SPECIAL CASE PERFORMANCE REVIEW SCHEDULE 3 – POSITIONS OF ADDED RESPONSIBILITY SCHEDULE 4 – SENIOR TEACHER SCHEDULE 5 – SENIOR TEACHER 2 SCHEDULE 6 – MATERNITY LEAVE SCHEDULE 7 – NURSE EMPLOYMENT ARRANGEMENTS SCHEDULE 8 – TEACHER EMPLOYMENT ARRANGEMENTS SCHEDULE 9 – SCHOOL OFFICER EMPLOYMENT ARRANGEMENTS SCHEDULE 10 – GREENKEEPER EMPLOYMENT ARRANGEMENTS SCHEDULE 11 – OUTSIDE SCHOOL HOURS CARE AND VACATION CARE EMPLOYMENT ARRANGEMENTS SCHEDULE 12 – KINDERGARTEN TEACHER EMPLOYMENT ARRANGEMENTS SCHEDULE 13 – KINDERGARTEN NON TEACHER EMPLOYMENT ARRANGEMENTS SCHEDULE 14 – COMMON EMPLOYMENT ARRANGEMENTS FOR ALL EMPLOYEES SCHEDULE 15 – JOB SHARE
PART 1 – PRELIMINARY 1.1
This Agreement shall be known as the Emmanuel College Collective Enterprise Agreement 2012. 1.2
This Agreement shall apply to Emmanuel Education Limited (hereafter Emmanuel College, or College) (ACN 010 563 256), its employees for whom wage rates and classifications are included in this Agreement and to the Unions signatory to this Agreement. The Principal and Executive team members, for whom remuneration and conditions of employment have been specified under separate contractual arrangements, are not covered by this Agreement. 1.3
Date and Period of Operation
This Agreement shall operate from the date specified by Fair Work Australia provided that, where this Agreement specifies an operative date in relation to a particular provision then that provision shall operate from that date. The Agreement shall remain in force until 31 December 2015. 1.4
A copy of this Agreement shall be exhibited in a conspicuous and convenient place at the College so as to be easily read by employees. 1.5
Collective Bargaining Working Party
For the purposes of negotiating and establishing this Enterprise Agreement, a Working Party was formed and comprised employees from Emmanuel College and the Independent Education Union Australia – Queensland and Northern Territory Branch for and on behalf of all Unions party to this Agreement, on the one hand and the employer representatives of Emmanuel College and their Industrial Adviser on the other. PART 2 – RELATIONSHIP TO AIMS OF THE COLLEGE 2.1
Emmanuel College is a Christian College which places emphasis on the development of the whole person including the academic, spiritual, cultural, social, practical and physical dimensions. This Agreement has five (5) major priorities which are considered essential for the maintenance and preservation of the special qualities which constitute the distinctive style and nature of the College. These priorities are: 2.1.1 The distinctive Ethos of the College; 2.1.2 The sense of a Christ-centred community College; 2.1.3 The commitment to excellence in all endeavours; 2.1.4 The high quality of education provided by the College; 2.1.5 The ability of the College to serve efficiently and effectively. 2.2
Staff Lifestyle Requirement
2.2.1 Emmanuel College bases its doctrines and tenets on the Bible, both Old and New Testaments, which the School regards as the inspired and inerrant Word of God. These teachings are expounded in many of Emmanuel College's public and internal documents, both printed and on the school's website, and viewable by staff as part of their appointment process. These documents inform our understanding of the lifestyle values which staff who work in this school are required (subject to the provisions of relevant State and Commonwealth Anti Discrimination Laws) to respect and maintain at all times, and should be understood as source documents, defining our doctrines, tenets, beliefs or teachings.
2.2.2 All staff of Emmanuel College, regardless of their role, are required to be seen to conduct themselves in the course of, or in connection with their work, in a manner consistent with these principles and beliefs and in accordance with the Christian ethics of the School, as contained and interpreted in these documents, thus providing a specifically Christian role model and example to all the families associated with the School. 2.2.3 Without limitation to other defences available to Emmanuel College, it is a genuine occupational requirement (subject to the provisions of the Anti- Discrimination Act 1991) of Emmanuel College that, consistent with the Act, all staff members must not act in a way that they know, or ought reasonably to know, is contrary to the religious beliefs of Emmanuel College. Nothing in their deliberate conduct should be incompatible with the intrinsic character of their position, especially, but not only, in relation to the expression of human sexuality through heterosexual, monogamous relationships, expressed intimately through marriage. 2.2.4 Staff are required to regularly and frequently attend a Christian church and to regularly and frequently support Staff Devotions and Staff Worship Services. 2.2.5 Where any staff member acts contrary to these lifestyle requirements, the Principal may attempt restoration, counsel, discipline and dismiss the employee. 2.3
The agreed objectives of this Agreement are: 2.3.1 To maintain and improve productivity, efficiency, flexibility, and effectiveness of the College through the implementation of agreed measures which will significantly increase the performance of the College and offer secure and worthwhile employment for its employees. 2.3.2 To adopt a consultative and participative approach to implement increased and sustained improvement in performance across all areas of operation of the College. 2.3.3 To develop an environment of continuous improvement which is conducive to a flexible work organisation able to respond to changing demands in education. 2.3.4 To develop management systems and work practices that are capable of assuring all stakeholders of the quality of the College services. 2.3.5 To maintain the College as a non-elitist agency of services to the community through continued awareness of increasing pressures on operating costs and encouragement of optimum resource usage. 2.3.6 To maximise the learning outcomes for students through quality teaching. 2.3.7 To share equitably the benefits of enhanced service delivery among employees and the College community. 2.4
The following are the Educational Criteria which will form the Criteria for assessing success of this Enterprise Bargaining Agreement. 2.4.1 A high level of Parent Satisfaction: a) b) c) d)
maintenance, growth and retention of enrolments; effective communications between parents and school; effective management of public relations; high standards of student appearance, behaviour and manners.
2.4.2 Provision of educational programs: a) catering for full range of students; b) excellence in both curricular and co-curricular activities. 2.4.3 Commitment by staff to the Christian ethos of the College:
a) Recognition of the Core Documents of Faith which underpin the entire College, viz The Statement of Faith, the Lifestyle Clause, the Bible, the commitment to a multi denominational Christian expression of faith, and other policies, prospectuses, handbooks or public documents which are produced from time to time. b) Practical application and support of the College’s public principles of ‘Excellence in Christian Education’, being a ‘Caring School’, and the Emmanuel Graduate or Journey program. 2.4.4 A concern for Staff Welfare: a) provision for professional development. b) provision of an Employee Assistance Program to assist staff who are undergoing personal difficulties or crises. 2.5
2.5.1 The Parties acknowledge that in previous agreements the staff have addressed a number of school cultural goals in the areas of litter and student presentation, as well as some professional goals in the area of digital learning and curriculum development. The Parties acknowledge that the continuing commitment of the entire staff to all of these areas is an important part of school improvement and that each staff member must regard the active support of the College in the implementation of goals around these areas as an essential part of their individual responsibility. 2.5.2 All parties acknowledge the gains that have been made in School Improvement over the life of the previous Agreement. However, continual effort is needed to achieve the stated goals to the point where the staff and students see the daily achievement of these standards as part of the culture of the College. The Parties agree to the adoption of a form of monitoring whereby each staff member is required to be accountable for a number of specified tasks including: a) b) c)
daily attention to the cleanliness, professional presentation, and litter and graffiti free environment in those specific areas for which they are responsible; security and economy measures for the area for which they are responsible, especially after hours and at breaks; and attention to the neat and tidy presentation of students in their care during class or other activities.
2.5.3 Information Technology a) In the area of Information technology, the Parties agree that there is an urgent need to develop and maintain a high standard of currency in the quality of IT awareness and practice in the classroom and the general administration of the College. b) Following the development of the policy on the Minimum Standards of Computer Technology, the College is moving to further enhance the capacities of the teaching staff, nominated school assistants and non-teaching staff. Teaching staff should generally produce small documents and basic word-processing, without requiring the assistance of the Student Services Office. Over the life of this agreement, the Parties will continue to strengthen this document and implement minimum standards for all these staff, with reasonable progress toward achievement of those standards being agreed as a condition of continuing employment. PART 3 – EFFICIENCY AND EFFECTIVNESS INITIATIVES 3.1
Hours of Duty - Teaching Staff
This clause 3.1 does not apply to teachers in the College Kindergarten. The hours of duty clause for these employees is included in Schedule 12. This document seeks to outline only the prescribed hours teachers actually work at school. Emmanuel College recognises and values the fact that teachers carry out school work at home on a regular basis in addition to the stated hours in this document. The College and the staff are committed to achieving the Educational Criteria as outlined in this Agreement and are committed to one another in seeking the personal well being and professional development of all Parties. There will be times when staff members are asked or encouraged to undertake atypically heavy workloads (e.g. musicals, long camps, Queensland Studies Authority responsibilities). At such times, negotiations between staff and supervisors will occur in advance of the activity with the purpose of negotiating extra benefits such as short leave, or reduced duties or some other benefit in recognition of the staff member’s extraordinary commitment.
The Parties agree to the following terms, conditions and quanta relating to the allocation of duty to primary and secondary staff. 3.1.1 Teaching staff shall be required for duty during the teaching school year which shall be thirty-nine (39) weeks maximum. A whole teaching week shall be five (5) full days including Public Holidays that fall in a teaching week. Part weeks may have their days accumulated to form a whole teaching week. Days not utilised up to the 39 week quantum, not counting gazetted public holidays, may be used for scheduled noncontact days for professional development and planning purposes. The final week of Term 4 will be scheduled for report writing and/or other end of year activities. 3.1.2 Maximum Hours of Duty for both primary and secondary teachers shall be 1230 hours per annum. 3.1.3 Typical averaging Hours of Duty per week for both primary and secondary teachers shall be: 31.5 Hours per week 3.1.4 P-12 teaching staff shall be allocated hours on a pro rata basis Hours of Duty shall include: a) Contact Time: The maximum contact time for teachers shall be: Primary Classroom Teacher – 25 hours 15 minutes per week Secondary Classroom Teacher – 21 hours 40 minutes per week Contact time is defined as programmed teaching time, programmed sporting and administrative/pastoral care time. It shall not include compulsory weekly assemblies and chapel services. b) Non-Contact Time: During the period of this agreement, preparation and correction time in the Primary section of the College shall be 2 hours per week. During the period of this Agreement, preparation and correction time in the Secondary section of the College shall be an amount equal to approximately 20 percent of actual contact time. Non-contact duties include tasks primarily related to the Academic and Pastoral programs of the College. These tasks include preparing, setting, correcting and reporting on students’ work, assignments and tests; assisting in writing work programs; interviewing students; and discussing pastoral care matters with other staff members. Teaching Staff shall be provided with fifty (50) minutes of paid morning tea time per week. Other meal breaks are unpaid. c) Other Duties: The balance of the hours of duty may be made up by: i) Curricular Duties: Duties include such things as supervising students generally, playground and bus duty, supervising students detained for punishment, supervising students travelling on buses, staff meetings, assemblies and Chapel services. ii) Co-Curricular Duties: Teachers are required to be involved in co-curricular activities equivalent to an average of 1 hour per week. To achieve our Educational Criteria, staff will take on other co-curricular involvements where they feel able. These duties will normally occur before or after school and include supervision and training of sporting teams, performing arts and cultural activities, and sporting carnivals. The type of personal co-curricular involvement will be confirmed after consultation with staff and a consideration of the needs of the school. Where a teacher is timetabled to take sport, co-curricular duties will normally include the training of those teams. 3.1.5 Overtime Employees are paid a salary which takes into account all work required of them by the College under this Agreement. No overtime is payable to teachers under this agreement.
3.1.6 Extra Curricular Extra-curricular duties are those duties which fall outside the programmed ordinary hours of work. Such duties are honorary and voluntary and shall be arranged by agreement between the teachers and the College. 3.1.7 Other Hours Teaching staff may additionally perform twelve (12) hours per semester for such activities as Awards Nights, Open Day and evening parent-teacher meetings. 3.1.8 Camps For the success of the P - 12 camping programme, teachers should normally be available to attend one camp per year in an appropriate year level after consultation with the Head of School. 3.1.9 Reasonable Additional Hours The parties agree that hours under this clause are reasonable additional hours within the meaning of the Fair Work Act 2009. 3.2
Procedures for Resolving Disputes
3.2.1 In the event of a dispute about a matter under this agreement, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. 3.2.2 If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate. 3.2.3 If a dispute about a matter arising under this Agreement or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 3.2 have been taken, a party to the dispute may refer the dispute to Fair Work Australia. 3.2.4 Fair Work Australia will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation. 3.2.5 Where the matter in dispute remains unresolved, Fair Work Australia may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute including arbitration of the dispute and determinations that are binding on the parties. 3.2.6 The parties to the dispute agree to be bound by a decision made by Fair Work Australia in accordance with this clause. 3.2.7 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. 3.2.8 While the dispute resolution procedure is being conducted, work must continue in accordance with this Agreement and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform. 3.3
3.3.1 The Parties are committed to enhancing the skills of employees through the provision of both internal and external professional development and training, within the Collegeâ€™s resource capacity, linked to: a) b) c) d) e)
the relevant appraisal system; the goals of the College; the personal goals of employees as related to their work; the appropriateness to the employeeâ€™s position; and workplace and industrial issues.
3.3.2 All staff recognise the importance of professional development as a means of enhancing their skills. 3.3.3 It shall be the employer’s responsibility for provision of a core of professional development, including release time and course fees, within the College budget. 3.3.4 Staff acknowledge a need for on-going professional development, including release time and course fees, within College budget. Employees can access subsidised tuition fees in accordance with the Further Study Support Policy as amended from time to time. 3.3.5 Staff acknowledge a need for on-going professional development which may occur in school time and in their own time. 3.3.6 Teaching staff may be involved in such things as relevant subject associations, the Queensland Studies Authority as Panel Chairs and Review Panel members, attending and speaking at out-of-school in-services, Cluster meetings and Conferences and further formal study. 3.3.7 Examination/Study Leave a) Application may be made for leave with pay for the actual time taken to attend examinations, provided that the course being taken is directly related to the employee’s role in the College. Leave would normally be either a morning or afternoon College session as appropriate on the day of the examination plus time for essential travel. b) Application may be made for leave without pay for study purposes prior to an examination, provided that the course being taken is relevant to the employee’s role in the College. Leave would normally be for a day. 3.3.8 Professional Development for Teachers – Queensland College of Teacher (QCT) requirements Teachers are required to undertake annual QCT professional development requirements. Casual teachers employed regularly at the College and teachers on extended leave, shall be able to access professional development necessary (at no cost to the College) to ensure that they meet the QCT requirements for continued registration. Professional development, including that held during pupil free days and staff meetings, conducted by the Employer for teaching staff will endeavour to articulate the Queensland College of Teacher (QCT) professional standards. Teachers who attend these planned professional development activities will be provided with a record of attendance. Such documentation will be provided by the Employer to teachers to support the maintenance of a teacher’s individual account of professional development undertaken which is required for report to the Queensland College of Teachers. A copy of all records of attendance issued to teaching staff will also be held at the school. Notwithstanding the above, where the school administration actions advice to QCT of the roll of attendance of teachers at all relevant professional development activities through their online reporting facility, the maintenance of a further copy is no longer required. 3.3.9
Professional Development for Nurses The College will encourage nurses to attend seminars and conferences on a regular basis provided that they are relevant to their employment at the College. The College further agrees that full-time Employees will be entitled to three days paid professional development/conference leave per year. Part time Employees will be entitled to professional development/conference leave on a pro-rata basis with a minimum of one day paid professional development/conference leave per year. This leave is in addition to other leave entitlements in the Agreement. This leave is to be taken within each calendar year and is cumulative to a maximum of two calendar years. To access the benefits of this provision it is the responsibility of the nurse to make an application for this leave. An application for this leave, nominating the preferred date(s) will be made in writing providing a brief description of
the nature of the professional development activity to be undertaken. The application may be for research, attendance at seminars and/or conferences. This application will be made within reasonable time with a minimum of two weeks’ prior to the requested date(s) and be approved by the Director of Student Welfare. The application will not be unreasonably refused. Such application will be made, considered and processed in accordance with the College’s policies. 3.4
Computerisation and Technology
3.4.1 The Employer and all teaching and administrative employees accept a joint responsibility for enhancing skills in the use of a wide range of communication technologies in the College. The government’s Digital Education Revolution program as well as significant uptake in social media usage necessitates constant and ongoing professional development. The provision by the College of appropriate professional development and training is regarded as essential, as is also the willingness to commit reasonable time to such training by staff. Such training may be in the employee’s own time, College time and dedicated pupil-free days. Every staff member commits to active support of this ongoing professional and social development. 3.4.2 All staff commit unreservedly to diligent support of the College’s various policies on information technologies, in particular to those which stipulate required standards of information literacy and behaviour.
Senior Teacher 1 (Schedule 4)
3.5.1 The Parties agree to the implementation of a Senior Teacher 1 provision for eligible teachers who satisfy the agreed process. 3.5.2 A Senior Teacher may be requested to act as a mentor to a Graduate Teacher. 3.5.3 Senior Teacher 1 provision is outlined in Schedule 4 of this Agreement. 3.6
Senior Teacher 2 (Schedule 5)
3.6.1 The Parties agree to the implementation of a Senior Teacher 2 provision for eligible teachers who satisfy the agreed process as contained in Schedule 5. 3.7
3.7.1 The Parties agree that in order to enable the College to make appropriately considered appointments to the College staff, there needs to be sufficient time from the receipt of a resignation to the date of its effectiveness. Staff on special unpaid leave will meet whatever obligations are set down in the correspondence approving such leave. 3.7.2 It is agreed that all teaching staff will give not less than seven (7) weeks of term-time notice of resignation. In exceptional circumstances, by consultation with the Principal, a lesser resignation period may apply. 3.7.3 It is agreed that all non-teaching staff will give not less than two weeks notice of resignation. 3.7.4 The College may deduct from all or any amounts payable to the employee on termination of their employment any amount owing by the employee to the College in relation to an employee failing to provide resignation notice in accordance with this clause. The employer may withhold from any monies due to the employee on termination, an amount not exceeding the amount the employee would have been paid in respect of the period of notice required by this clause less any period of notice actually given by the employee. The parties acknowledge that this is a genuine pre-estimate of the College’s loss. 3.8
Notice of Termination
The employment of a teacher (other than a casual teacher) will not be terminated by the College without at least seven (7) weeks term-time notice (inclusive of the notice period required under the National Employment Standards).
Such notice may be provided in the form of a payment in lieu of notice either in full or in part provided that any part notice and part payment provides for a total of seven (7) term-time weeks.
Notice shall not be required in the case of dismissal for misconduct or other grounds that justify instant dismissal.
3.8.2 Non Teaching Staff 184.108.40.206
Notice of termination requirements for non teaching staff shall be in accordance with the National Employment Standards.
3.9.1 The College acknowledges duty of care to employees and seek to maintain full employment for their staff. 3.9.2 All parties acknowledge the constantly changing environment of education and the possibility for changes in staffing and structures to be required for the best development of the College and its programs. 3.9.3 Notwithstanding the commitment of the College to continuing employment, situations may arise where positions become redundant. The procedures and process to be followed in the case of redundancy are contained in clause 3 of Schedule 14. 3.10
3.10.1 The Employer recognises the challenges for newly employed graduate teachers as they begin their teaching career. The College is committed to the appropriate induction and support for new graduate teachers to assist them with the continuing development of their knowledge, skills and attitudes. 3.10.2 For the purpose of the clause, a Graduate Teacher is a teacher who is in their first year of teaching. 3.10.3 The following support is typical of the type of support that would be provided to graduate teachers in the first year of employment: (i) A formal induction program, including orientation of the new school workplace and professional development support; (ii) Allocation of an experienced teacher mentor; (iii) A reduced or compensatory teaching load (eg reduced teaching load, or other compensatory assistance) to enable the graduate teacher to undertake professional enrichment such as planning, receiving mentoring and / or observing exemplary teaching practice. 3.10.4 The Collegeâ€™s Graduate Teacher Mentor program will provide mentors with training and guidelines and the consideration of compensatory assistance. 3.11
School Officer Classifications
The School Officer Classification structure is provided in Schedule 9 of this Agreement. 3.12
Performance Review (Schedule 2)
The agreed process to assist staff who have been identified as experiencing difficulties is at Schedule 2 of this Agreement. 3.13
Positions of Added Responsibility (Schedule 3)
3.13.1 The parties agree that the employment arrangements for Positions of Added Responsibility shall be in accordance with Schedule 3 of this Agreement and shall apply from 1 January 2012. 3.13.2 Any incumbent employee (as at 1 January 2012) who is disadvantaged by the PAR structure contained in Schedule 3 due to the number of subject hours being within 10% of the new band divisions, shall remain at least on the entitlement of the former agreement provided that they continue in the position.
Additional Employment Arrangements (Schedules 9 – 13)
Additional employment arrangements for all staff covered by this Agreement are contained in Schedules 9 – 14 of this Agreement. 3.15
3.15.1 An employer and employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: a) the Agreement deals with 1 or more of the following matters: i) arrangements about when work is performed; ii) overtime rates; iii) penalty rates; iv) allowances; v) leave loading; and b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph a); and c) the arrangement is genuinely agreed to by the employer and employee. 3.15.2 The employer must ensure that the terms of the individual flexibility arrangement: a) are about permitted matters under section 172 of the Fair Work Act 2009; and b) are not unlawful terms under section 194 of the Fair Work Act 2009; and c) result in the employee being better off overall than the employee would be if no arrangement was made. 3.15.3 The employer must ensure that the individual flexibility arrangement: a) is in writing; and b) includes the name of the employer and employee; and c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and d) includes details of: i) the terms of the enterprise agreement that will be varied by the arrangement; and ii) how the arrangement will vary the effect of the terms; and iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and e) states the day on which the arrangement commences. 3.15.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 3.15.5 The employer or employee may terminate the individual flexibility arrangement: a) by giving no more than 28 days written notice to the other party to the arrangement; or b) if the employer and employee agree in writing — at any time. 3.16
3.16.1 The parties agree that job share provisions can assist employees in balancing work and family demands throughout various stages of their life and work cycle and as such job share can have advantages for employees and employer. Consequently the College agrees to implement a job share provision in accordance with agreed guidelines for teachers, school officers and services staff. Access to the job share provision shall be at the Principal’s discretion. 3.16.2 The agreed provisions are set out in Schedule 15 – Job Share.
PART 4 – WAGES, SALARIES AND RELATED MATTERS 4.1
Wage Increases – Non-Teaching Employees
4.1.1 This Agreement provides for the following wage increases for non-teaching employees to be implemented as follows: a)
A wage increase of 4% of the applicable wage rates shall be paid from the first pay period on or after 1 July 2012.
b) Further wage increases shall be paid as required during the life of this agreement to ensure wage increase parity with relevant or counterpart non teaching employees in Brisbane Catholic Education. This commitment to wages parity will involve wage increases from the same date in the same calendar year, or from another date in a manner agreed by the parties at the time if an increase includes retrospective payments from a previous year, so that comparability of wages is maintained equivalent to those paid to School Officer, Greenkeeper, Nursing and Childcare employees employed by Brisbane Catholic Education. c) Non teaching staff employed in the College Kindergarten shall receive the same percentage wage increases paid to School Officer employees under clause 4.1.1(c) above. d) The IEUA-QNT will advise the employer of the applicable Brisbane Catholic Education wage increases as and when they are determined. 4.1.2 For the increases contained in clauses 4.1.1(a), full-time employees shall receive an increase of 4% or $30 per week (based on a full-time wage), whichever is the greater. 4.2
Salary Increases â€“ Teaching Employees
4.2.1 This Agreement provides for the following salary increases for College teaching employees to be implemented as follows: a) A salary increase of 4% of the applicable salary rates shall be paid from the first pay period on or after 1 July 2012; b) Further salary increases shall be paid during the life of this agreement to ensure parity with the relevant teacher classification levels in Education Queensland . This commitment to salary parity will involve salary increases from the same date in the same calendar year, or from another date in a manner agreed by the parties at the time if an increase includes retrospective payments from a previous year, so that comparability of salaries is maintained with equivalent teacher classification levels in Education Queensland. This commitment to salary parity with Education Queensland shall relate solely to the teaching classification levels as detailed in clause 4 and clause 5 of Schedule 8 (Teacher Classification) and clause 3.6 (Senior Teacher) and shall not include Senior Teacher 2 or promotional position classifications such as Positions of Added Responsibility. c) Teaching staff employed in the College Kindergarten shall receive the same annual percentage wage increases paid to a College Teacher under clause 4.2.1(b) above. 4.3
Enforceability of Wage and Salary Increases
If clause 4.1.1c) or clause 4.2.1c) is invalid or unenforceable it is to be read down if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this agreement. 4.4
4.4.1 Application In addition to the rates of pay prescribed by this Agreement, eligible employees, as defined in clause 4.4.2 b), shall be entitled to Superannuation Benefits, in accordance with the provisions of this clause 4.4. 4.4.2 Definitions a) Approved Fund means a Fund identified by this clause for the receipt of superannuation contributions for employees. The funds are: (i) the Queensland Independent Education and Care Superannuation Trust;
(ii) Asgard Capital Management Fund; (iii) Christian Super Pty Limited; (iv) BT Superannuation; (v) Intrust Superannuation; and (vi) AMP. b) Eligible employee means an employee who has earned $450 or more in any month. c) Ordinary time earnings means the actual ordinary rate of pay the employee receives for ordinary hours of work including all allowances and loadings, including those applying to shiftwork, casual work, weekend and holiday work, tools and travel. 4.4.3 Contributions a) Amount – The employer shall make an employer superannuation contribution of 11% of the employee’s ordinary time earnings on behalf of each eligible employee into the Approved Fund. Each such payment of contributions shall be rounded off on an equitable basis either to the nearest cent or 10 cents provided that there is consistency of application to all employees of the employer. b) Regular Payment – The employer shall pay such contributions to the credit of each such employee at least once each calendar month or in accordance with the requirements of the superannuation Fund Trust Deed. c) Minimum level of earnings – An employer will not be required to pay superannuation contributions on behalf of any eligible employee whether full-time, part-time, casual, adult or junior in respect of any month where the employee’s earnings are less than $450. d) Absences from Work – Contributions shall continue to be paid on behalf of an eligible employee during any absence on paid leave such as annual leave, long service leave, public holidays, sick leave and bereavement leave. Except in the case of absence on Workers’ Compensation an employer will not be required to pay superannuation contributions on behalf of any eligible employee during any period of leave without pay. In the case of Workers’ Compensation, the employer will contribute in accordance with clause 4.3.3a) whenever the employee is receiving by way of Workers’ Compensation, an amount of money no less than their ordinary rate of pay. e) Where an employee wishes to make voluntary contributions to superannuation, the employee may authorise the company to deduct from the employee’s wages an amount specified by the employee. f) Additional employee contributions and/or additional employer contributions, in accordance with the provisions of this Agreement, will be forwarded to the Fund by the employer at the same time as the employer’s contributions made under clause 4.4.3a). g) Cessation of Contributions – An employer shall not be required to make any further contributions on behalf on an eligible employee for any period after the end of the ordinary working day upon which the contract of employment ceases to exist. h) No Other Deductions – No additional amounts shall be paid by the employer for the establishment, administration, management or any other charges in connection with the Fund other than the remission of contributions as prescribed herein. 4.4.4 Salary Sacrifice to Superannuation An employee may elect to Salary Sacrifice an amount to Superannuation. Where the employee so elects the following provisions will apply: a) The employer will continue to calculate the contributions required by clause 4.4.3a) and/or the Superannuation Guarantee (Administration) Act 1992 on the basis of the employee’s ordinary time earnings before the salary sacrifice is deducted. b) Salary sacrifice deductions will be made during a period of paid leave and the employee will receive the rate of pay specified under this agreement less the salary sacrifice deduction. c) Calculation of salary for all purposes including leave accruals and other payments due on termination of employment shall be calculated on a rate of pay which includes the salary sacrifice contributions.
d) The arrangement at clause 4.4.4 may be altered only once per year at no cost to the college. 4.4.5 Enrolment a) Each employer to whom clause 4.4 applies shall as soon as practicable as to both current and future eligible employees: i) notify each employee of the employees entitlement to Superannuation; ii) take all reasonable steps to ensure that each eligible employee receives, completes, signs and returns the necessary application forms provided by the employer, to enable that employee to become a member of the Superannuation Fund; and iii) submit all completed application forms and any other relevant material to the Trustees of the Superannuation Fund. b) Each employee upon becoming eligible to become a member of the superannuation Fund will: i) complete and sign the necessary application forms to enable that employee to become a member of the Fund; and ii) return such forms to the employer within 28 days of receipt. c) Notwithstanding the failure of an employee to complete the required paperwork, the employer will make payments on behalf of the employee to the Superannuation fund. d) The employee will be offered a choice of the funds identified in 4.4.2a). Where an employee does not exercise their choice within twenty-eight (28) days the employer will make contributions to the Queensland Independent Education and Care Superannuation Trust. 4.4.6 Unpaid Contributions a) Where it has been established that the employer has failed to comply with the requirements of clause 4.4.3 in respect of any eligible employee, such employer will be liable to make the appropriate contributions retrospectively to the date of eligibility of the employee, plus an amount equivalent to the rate of return those contributions would have attracted in the Superannuation Fund had they been paid on the due dates. b) The making of such contributions satisfies the requirements of clause 4.4 excepting that resort to the provisions of clause 4.4.6 shall not limit any common law action which may be available in relation to death, disablement or any similar cover existing within the terms of the Superannuation Fund. 4.5
Annualisation of Salary for Term Time Non Teaching Staff
All non teaching staff who are employed for an entire calendar year are entitled to request annualisation of salary payments as per current College policy. 4.6
No Further Claims
The Unions and employees parties to this Agreement, undertake that for the duration of this Agreement no further claims will be made on the College in respect to wages or working conditions. PART 5 â€“ NON-SALARY BENEFITS 5.1
5.1.1 Employees will receive Leave in accordance with the National Employment Standards (except where this Agreement provides otherwise, and the provision is more advantageous to the employee). 5.1.2 Additional paid personal leave (over and above that provided in the National Employment Standards) may be granted at the discretion of the Principal.
Annual Leave â€“ Non Teaching Staff
5.2.1 This clause 5.2 applies only to non teaching staff. 5.2.2 Employees will receive leave entitlements in accordance with the National Employment Standards, as provided in the Fair Work Act 2009 (except where this Agreement provides otherwise, and the provision in the Agreement is more advantageous to the employee, in which case the more advantageous provision will apply). 5.2.3 The accrual rate of annual leave for full time employees shall be 152 hours per annum (i.e. 4 weeks annual leave per annum on a 38 hour week basis). 5.2.4 Part time, term-time and fixed period employees shall be entitled to annual leave calculated as follows: (Number of weeks worked during the year / 52 weeks) x (4 weeks x average hours per week calculated on weeks worked) 5.2.5 Annual Leave may only be taken during School Holiday Periods, unless the Principal approves otherwise in his sole and absolute discretion. 5.2.6 A term-time employee will be entitled to their annual leave from the date that the mid-summer School Holiday Period commences. Where a term-time employee does not have sufficient accrued Annual Leave to cover the entire School Holiday Period, the term-time employee will be deemed to be on Unpaid Vacation Leave for the balance of that School Holiday Period. However, where a term-time employee and the Principal mutually agree, a term-time employee may access their accrued Annual Leave at some other time. Any part of a School Holiday Period which is not part of the term-time employeeâ€™s Annual Leave is deemed to be Unpaid Vacation Leave. 5.2.7 Annual leave pay shall be calculated as follows: a) The employee shall receive their ordinary wage rate as prescribed by this Agreement for the period of Annual Leave; and b) A further amount calculated at 17.5% of the amount referred to in clause 5.2.2. c) Clause 5.2.7 shall not apply to any periods of leave exceeding 4 weeks per annum. 5.2.8 In this clause 5.2: Annual Leave has the meaning provided in the National Employment Standards. School Holiday Periods means the days on which the College shuts down for student school holidays. Term-Time Employee, Fixed Period Employee and Part-Time Employee takes the meaning provided in Schedule 10. Unpaid Vacation Leave means those days in a School Holiday Period for which a term-time employee does not have sufficient accrued Annual Leave to be on Annual Leave. 5.3
Long Service Leave
5.3.1 All employees will accumulate Long Service leave entitlement at the rate of 1.3 weeks per full time equivalent year of completed service from the date of engagement. 5.3.2 Employees who complete seven (7) years of continuous service may access their entitlement to Long Service Leave. After the first 7 years, Long Service Leave may be taken after every 7 years. 5.3.3 Employees seeking to take Long Service Leave must do so in full academic term blocks. Provided that in exceptional or unusual circumstances an employee may be allowed to take Long Service Leave for a mutually agreed period of time. 5.3.4 Timing of leave will be at a mutually convenient time with reasonable notice given. Reasonable notice should be not less than two full school terms.
5.3.5 Where an employee is entitled to a period of Long Service Leave, such leave may be taken, by agreement between the employee and the employer at the rate of half pay. In such circumstances the length of the employeeâ€™s leave would be double the amount due to the employee. 5.3.6 Upon resignation, death, retrenchment or total and permanent incapacity, a pro-rata payment of Long Service Leave shall be made to an employee where the employee has served seven (7) years or more of recognised service. 5.4
Cashing Out of Long Service Leave
5.4.1 The Parties agree that long service leave is designed to ensure that long term Employees receive a break from service and as such the preference is for Employees to access accrued long service as appropriate. 5.4.2 The Parties accept that under certain circumstances it may be preferable for an Employee to request payment of all or part of the long service leave accrual when it falls due without accessing 'absence on leave' from the College. 5.4.3 The Parties agree that in considering an application for payment in lieu of leave, a teacher shall generally be required to retain ten weeks leave. Non teaching staff will generally be required to retain five weeks leave. 5.4.4 Any application by an Employee to have part or all of their accrued long service leave paid out would be subject to the following conditions: a) an employee making an application under this clause shall make a written application to the employer confirming that the application is at their request. b) the College agrees to make the payment and the arrangement is committed to writing and signed by both the applicant and the School; c) subject to any requirements at law, the Employee will have the right to determine to receive the payment in cash or to salary sacrifice all or part of the amount of the cashing out to superannuation; and d) the Employee completing the relevant form acknowledging the loss of entitlements which the Employee would have otherwise received but for the cashing out of long service leave. 5.4.5 For the purposes of clarity, an agreement to cash out long service leave can only be initiated by the Employee. 5.4.6 The College shall consider any employee requests for the cashing out of leave in light of the number of such applications in that year. 5.5
Maternity Leave (Schedule 6) Eligible employees are entitled to paid maternity leave. An administrative document setting out the terms and conditions of this entitlement is attached. (Schedule 6).
Paid Paternity Leave In addition to the unpaid parental leave provisions prescribed by the National Employment Standards, a male full time or part time permanent employee is entitled to a period of 5 days paid paternity leave as from 1 January 2012. Generally it is expected than an employee applying for paid paternity leave would have continuous service of at least 1 year. Applications for paternity leave should normally be made 10 weeks prior to the expected date of confinement provided that leave may need to be accessed at a different date to reflect the actual date upon which the birth occurs. A certificate of expected confinement date must be provided with the paternity leave application.
Paid Adoption Leave The eligibility, terms and conditions for paid maternity leave and paid paternity leave contained in this Agreement shall also apply to cases of adoption by a College employee.
Emergency and Natural Disaster Leave
5.8.1 The parties to this Agreement recognise the importance of keeping the school open wherever possible during times of natural disasters and, should the school need to be closed for a time, to reopen them as soon as possible. 5.8.2 Employees will assist with keeping the school open to support students, families and the community and to provide continuity of teaching/learning as far as is feasible and safe to do so. They will attend work unless prevented by circumstances described in clause 5.8.3 or are otherwise on approved leave. Subject to clause 5.8.3 employees may be asked to assist with preparing for a reopening of a damaged school. 5.8.3 An employee who is prevented from attending the employee’s normal place of employment because of floods, cyclonic disturbances, severe storms, or bush-fires (or any other comparable natural disaster or emergency) shall be granted a maximum of five (5) days per calendar year non-cumulative paid leave in the following circumstances: a) when they have experienced extreme loss or trauma; or b) where the employee must, of necessity, remain at home to safeguard the employee’s family or property; or c) where the employee must remain at home to have temporary repairs effected, restore or replace essential belongings, complete necessary clean up for safety or to enable occupation of residence etcetera; or d) where an employee must remain at home because transport services and facilities are disrupted or discontinued due to weather or flood conditions; or e) where the employee is away from their usual residence and is unavoidably delayed in returning to their place of employment due to identified and specific disruptions to transport services and facilities; or f) where the employee is required to return home before the employee’s usual ceasing time to ensure personal safety, the protection of the employee’s family and property or because the availability of transport services and facilities may be disrupted or discontinued due to weather or flood conditions. 5.8.4 Access to the leave in clause 5.8.3 will be coordinated by the College and will be at the discretion of the Principal. 5.8.5 The College and/or Principal will make every effort to clarify contact and communication procedures to be used at times of emergencies. 5.8.6 The College may consider additional paid leave in exceptional circumstances or where an employee is affected by more than one disaster or emergency in any year. 5.8.7 Leave for Attendance at Emergencies a) An employee who is a member of the State Emergency Service, voluntary member of a local fire fighting unit, members of a Rural Fire Brigade, auxiliary of a Fire Brigade, Honorary Ambulance Officer or St John Ambulance Volunteer may be granted paid leave, upon application and at the Employer’s discretion, when called out for emergencies, to fight local fires or where an emergency situation or state of disaster has been declared under the Public Safety Preservation Act 1986 or the Disaster Management Act 2003. b) Paid leave is not available for training purposes, however unpaid leave may be granted at the College’s discretion. 5.9
5.9.1 Salary Packaging may be accessed by the employees subject to Administrative Guidelines as developed by the College and made available to all employees. 5.9.2 Where agreement is reached between the employer and the employees, Salary Packaging arrangements may be made between the individual employee and the employer. 5.9.3 Where such an agreement is reached, the employee's total salary benefit shall be reduced by an amount equivalent to that agreed between the employer and employee plus any relevant tax liability incurred by the employer. 5.9.4 In calculating the total salary benefit the employer shall include the appropriate salary as per Schedule 1 of this Agreement, Leave Loading and Superannuation Guarantee Charge.
5.9.5 The employer reserves the right to outsource the administration of such agreed salary packaging arrangements. Where this occurs the costs will be borne by the employee in regard to their own package. The College reserves the right to recover any administrative costs. 5.9.6 The costs of administration of Salary Sacrifice for the purpose of superannuation only, shall be met by the employer as outlined in Clause 4.4.4 of this Agreement. 5.9.7 For the purpose of calculating employee benefits the following shall apply: a) the payment of vacation periods and long service leave and other benefits not identified in subclause b) will be based on the cash component of the salary package; and b) the payment of superannuation and annual leave loading shall be based on the employee's wage as prescribed in Schedule 1, prior to any salary packaging arrangements.
SCHEDULE 1 â€“ WAGE RATES TEACHING STAFF Classification
Current Rates as at 1 Jan 2012
4% Increase from 1 July 2012
Full Time (Hourly rate)
Full Time (Hourly rate)
1ST PAR Allow
Sub PAR Allow
TEA DOS Level 1
TEA DOS Level 2
TEA DOS Level 3
Senior Teacher 2
Current Rates as at 1 Jan 2012
4% Increase from 1 July 2012
Full Time (Hourly rate)
Full Time (Hourly rate)
Level 4 Step 1 Step 2
Level 6 Step 1
CHILD CARE STAFF Classification
Current Rates as at 1 Jan 2012
4% Increase from 1 July 2012
Full Time (Hourly rate)
Full Time (Hourly rate)
Co-Ordinator - Qualified Large Service Year 1
Assistant CCW Unqualified
Assistant CCW Qualified
Assistant Co-ordinator Qualified Large Service
Co-Ordinator - Unqualified
Co-Ordinator - Qualified Small Service
Current Rates as at 1 Jan 2012
4% Increase from 1 July 2012
Full Time (Hourly rate)
Full Time (Hourly rate)
Level 1 Up to 3 months
Current Rates as at 1 Jan 2012
4% Increase from 1 July 2012
Full Time (Hourly rate)
Full Time (Hourly rate)
Registered Nurse Level 1
Registered Nurse Level 2
Registered Nurse Level 3
Current Rates as at 1 Jan 2012 Classification
Full time (hourly rate)
4% Increase from 1 July 2012 Casual
Full time (hourly rate)
23.8 % from July 2011
Band 1 Step 1
KINDERGARTEN STAFF OTHER THAN TEACHERS Current Rates as at 1 Jan 2012 Full Time Fortnightly Annual (Hourly Rate)
4% Increase (or $30 per week) from 1 July 2012 Full Time Fortnightly Annual Casual (Hourly Rate)
Level 1 Level 2 Level 3
SCHEDULE 2 – SPECIAL CASE PERFORMANCE REVIEWS 1.1
From time to time, the performance of an employee (including a person in a Position of Added Responsibility or senior leadership role), may come under particular scrutiny. This could be for a variety of reasons such as, but not exclusively, pedagogical performance, or classroom management, or insubordination, or philosophical and religious issues in conflict with the College ethos, or continued absences, or staff relationships, or parental concerns, or a failure to meet some of the requirements of the Position Description, or failure to meet the expectations of policies and procedures, School Improvement (Clause 2.5) and expected conduct of staff.
To ensure that all parties concerned are treated justly, and to maintain professional and legal credibility, the procedures outlined below must be followed. In all cases where the Principal is mentioned, it should be understood that the Principal may delegate this to another senior staff member.
This Performance Review shall follow timeframes that reflect the principles of natural justice and the nature of the performance issue being addressed.
If after appropriate counselling or advice an employee still appears to be experiencing difficulty in discharging his / her duties to the satisfaction of the College, a Head of School or supervisor will provide written direction or notification to the employee outlining the nature of the issue/s. The document will inform the employee that he / she is required to undergo a Performance Review, during a specified period of time. The specific grounds and/or focus and period for this Review will be made clear in the letter of notification. Depending on the nature of the concerns, the period may be quite short, or over a long period. At the conclusion of that time the employee will be given a formal report of the success of the Performance Review.
An employee subject to a Performance Review shall have the right to be represented and supported by a person or organisation of their choice.
The Performance Review may involve all or some of the following at the initiation of the Performance Review Facilitator who may be a Head of School, Supervisor, Principal or Principal’s delegate: a) b) c) d) e)
Classroom inspections by senior teacher/s; Counselling or advice by internal or external advisors; Interviews and discussions with the employee and/or mentor; Reference to the personal appraisal file, or similar; Examination of relevant records, such as programs, rolls, assessment records, digital records or content, and other documentation; f) Soliciting of information from students, parents and staff; and/or g) Other investigations as deemed necessary. 1.7
The Performance Review Report will include some or all of the following: a) Verbal or written explanation / elaboration of the initial grounds / focus for the Performance Review; b) Notification of consultation with other staff where appropriate; and/or c) Supportive material gleaned from sources such as, but not exclusively, classroom observations, collegial comments, parental or student comments, the teacher’s records of planning and assessment, records of conversation and emails. d) Detailed comments of the employee’s performance in the areas relevant to the grounds / focus; e) Recommendations for change or improvement in clearly specified areas; f) Desired outcomes and timeframes, including clear warnings of what could occur if required change is not both satisfactory and sustained.
A copy of the Performance Review Report will be supplied to the employee and the Principal. The employee will be afforded the opportunity to respond verbally or in writing to the Report.
After due consideration of the Report and the employee’s responses , if any, the Principal will then direct the Performance Management Facilitator on appropriate action which may include further Performance Management procedures or an appropriate timeframe for the employee to demonstrate sustained adequate improvement and development.
If an employeeâ€™s performance is again found to be unsatisfactory after this process, the Principal may proceed by either enacting an appropriate correctional action or the dismissal of the teacher with appropriate notice or payment in lieu of notice.
Nothing in this Schedule prevents the College from summarily dismissing an employee for Serious Misconduct, or a serious breach of policy or professional conduct.
SCHEDULE 3 – POSITIONS OF ADDED RESPONSIBILITY 1
This Agreement shall apply to those teachers appointed to positions of added responsibility whose rates of remuneration are prescribed by this Agreement and who are employed by Emmanuel College. 1.2
Determination of Structure
There will be a Positions of Added Responsibility structure at Emmanuel College. The parties to this agreement accept that the determination of the College’s Positions of Added Responsibility structure is the prerogative of the College Principal, and that variations to the structure may be made from time to time including during the life of this agreement. 1.3
This Schedule prescribes conditions of employment for PARs covered in this Agreement. 2
A PAR is defined as a teaching position within the promotional structure of the College (up to Head of School) where the incumbent may be responsible for the co-ordination of curricular and/or co-curricular duties associated with a subject(s) or subject area(s) or the co-ordination of pastoral duties. 2.2
The co-ordination of Senior School and/or Junior School curricular, and co-curricular duties, programs and activities, associated with a subject or subject area(s). 2.3
The co-ordination of staff with pastoral duties, programs and activities. 2.4
The Senior School is defined as Years 7-12. All staff covered by this clause are expected to attend Chapel, House and Assembly each week. 2.5
The Junior Schools is defined as Years P-6. 3
The College may appoint teachers to positions which have a P-12 responsibility. The remuneration and release time for such positions will be determined by the College Principal and will be commensurate with the College’s expectations of such positions. 4
Where an area of responsibility is shared, the PAR points will be shared between those responsible as determined by the College Principal. 5
Positions of Added Responsibility
The PAR level shall be determined by the following: Level 7
Where the subject(s) or subject area(s) concerned in the Senior School occupy greater than 141 hours in the weekly teaching program, a Level 7 PAR shall be appointed.
Where the subject(s) or subject area(s) concerned in the Senior School occupies between 101 and 140 hours in the weekly teaching program, a Level 6 PAR shall be appointed.
Where the subject(s) or subject area(s) concerned in the Senior School occupies between 81 and 100 hours in the weekly teaching program, a Level 5 PAR shall be appointed.
Where the subject(s) or subject area(s) concerned in the Senior School occupies between 61 and 80 hours in the weekly teaching program, a Level 4 PAR shall be appointed.
Where the subject(s) or subject area(s) concerned in the Senior School occupies between 41 and 60 hours in the weekly teaching program, a Level 3 PAR shall be appointed.
Where the subject(s) or subject area(s) concerned in the Senior School occupies between 21 and 40 hours in the weekly teaching program, a Level 2 PAR shall be appointed.
Where the subject(s) or subject area(s) concerned in the Senior School occupies 20 or less hours in the weekly teaching program, a Level 1 PAR shall be appointed.
A teacher who is appointed as a PAR (Senior School Academic) shall be entitled to additional remuneration and time release as set out in the following table: Level
Total PAR Units
Minimum Salary Allowance
Minimum Time Release
7 6 5 4 3 2 1
15 11 9 7 5 3 2
4 3 3 2 1 1 1
4 3 3 2 1 1 1
PAR Units agreed to between Principal and Teacher 7 5 3 3 3 1
The College always reserves the right to determine which subjects will be grouped together under a Co-ordinator or Head of Department. It also reserves the right to alter such groupings from time to time to suit the needs of the College as determined by the Principal. 5.1.2 Pastoral Pastoral Care is an integral part of the work of Emmanuel College. The structure of positions of added responsibility in Pastoral Care will vary as the need changes within the College. It will include Counsellors, Year Co-ordinators, Heads of Houses and other such positions. Teachers appointed to positions which involve administrative responsibility with the pastoral care program may be renumerated as follows: Year Level Coordinator
Number of Students
Level 3 Level 2 Level 1
161 or more 141 â€“ 160 121 â€“ 140
Total PARs (time and salary) 11 10 9
Other Pastoral Positions Head of House Year Level Pastoral Advisor 5.2
Total PARs (time and salary) 1-3 1-2
Junior School Junior School Subject Coordinator
Total PARs (time and salary) 1-3
Additional Junior School positions will be determined by the Principal taking into consideration the following: 5.2.1 The Strategic Operational Plan of the College; 5.2.2 Number of students; 5.2.3 Number of year levels; 5.2.4 Number of teachers/homeroom groups; 5.2.5 Approximate hours per week involved. 5.3
The College may appoint teachers to Other Positions of Added Responsibility (such as Vocational Education Coordinator, Careers Adviser, etc.) The remuneration and release time for such positions will be determined by the College Principal and will be commensurate with the Collegeâ€™s expectations of such positions. 6
For the purpose of determined the appropriate remuneration and release time for each leave of PAR, one unit of allowance and one unit of release time shall be calculated as follows:
6.1.1 For teachers who have been on Band 3 Step 4 for at least 12 months the remuneration value for the first point of allowance is equivalent to the difference between the Senior Teacher salary scale and Band 3 Step 4 salary scale. Each subsequent point of allowance is equivalent to 3.45% of Band 3 Step 4. 6.1.2 For teachers who have not been on Band 3 Step 4 for at least 12 months one unit of allowance is equivalent to 3.45% of Band 3 Step 4. 6.1.3 One unit of release is equivalent to approximately 50 minutes per week. 6.2
The allowance is determined by the pay schedule of the Agreement and payable for all purposes of this Agreement.
The distribution of the total unit allocation identified in column five in the table at 6.1.1 shall be between the Principal and individual teacher by mutual agreement. The distribution of the total unit allocation may be reviewed each year and varied by mutual agreement. Should agreement not be reached the PAR unit allocation shall be equally distributed between the salary allowance and time release provided that this can be facilitated within time-tabling and other requirements of the College. In such cases the Principal will make the final determination.
Appointment to the position of PAR shall be at the discretion of the Principal. The suitability of an applicant for a position will be based on the requirements of the job description and general College needs. 8
A Teacher who is appointed to a promotional position shall retain that position except where:
8.1.1 the teacher’s performance has been found deficient by a formal performance review process; or 8.1.2 the existing promotional position has been abolished; or 8.1.3 the existing promotional position has been abolished and anew position has been declared open and the applicant fails to be reappointed to such a position; or 8.1.4 the provisions of subclauses 9.1.2 and 9.1.3 shall only be applied in circumstances where the College has undertaken academic and/or administrative change that has resulted in an alteration to the duties and/or responsibilities of the existing position. 8.2
Temporary PAR appointments may be made by the College where a PAR position is not a permanent role or the appointment is in an acting capacity. Any such temporary appointments shall be clearly detailed in the PAR letter of appointment including the reason for the temporary position and the duration of the appointment.
The College and its staff recognise that the face of education in Australia is currently changing rapidly and is likely to continue to do so. In this context, all staff members who hold Positions of Added Responsibility will be accountable to:
9.1.1 Achieve the performance outcomes required within the College’s Strategic Operational Plan 9.1.2 Achieve a high level of student and parent satisfaction in their area of responsibility 9.1.3 Maintain in their area of responsibility, a “cutting edge” level of development in terms of programmes, teaching methodology, Information Technology, and forward planning 9.1.4 Maintain currency in their field of responsibility through personal reading, study and professional development 9.1.5 Maintain a clear vision for the development of their area of responsibility in line with the College’s Strategic Operational Plan and current educational trends 9.1.6 Consistently support and reflect the College’s ethos in their personal and professional lives 9.1.7 Present to the Head of School each year by October 31, a Departmental report which outlines the above in addition to any other areas which demonstrate the particular achievements or directions of the Department. 10
Contract oF Employment
A teacher appointed to a Position of Added Responsibility under this Schedule shall be provided with a letter of appointment which sets out the following: 11.1.1 The Level allocated to the position; and/or 11.1.2 The distribution of the total allocation of salary and time release. This distribution may be varied on an annual basis by mutual agreement. However, where such variation occurs, this variation is detailed in writing.
Supplementary PAR Points Supplementary PAR Points (over and above the contracted number) may be allocated by the College Principal at his/her discretion for a fixed period of time to meet the particular needs of the College’s Strategic Operational Plan at that time.
SCHEDULE 4 - SENIOR TEACHER 1 1
A full time permanent teacher is eligible to be a Senior Teacher when he/she:
1.1.1 Has been on the classification Band 3 Step 4 for a period of 12 months; 1.1.2 Is an outstanding classroom practitioner who consistently demonstrates a commitment to excellence in teaching and who is committed to professional development; 1.1.3
Has an understanding of, commitment to and support for the value of the College in the classroom and the wider school community; and
1.1.2 Signs and presents to the Principal an undertaking clearly consistent with Clause 2: Senior Teacher Action Plan. 1.2
The College will confirm advice to the teacher regarding the teacher’s eligibility to be a Senior Teacher, following a written request from a teacher for such confirmation. Such confirmation will be in writing and identify the date of eligibility.
The teacher may submit a Senior Teacher Action Plan (see 2 below) prior to the eligibility date. However, remuneration as a Senior Teacher will commence only from the date of eligibility.
Senior Teacher Action Plan
The teacher will submit a Senior Teacher Action Plan which lists one or more tasks the teacher will undertake consistent with the express intention of increasing the excellence of the teacher’s contribution to the education life of the College.
This undertaking will be in the form of a Senior Teacher Action Plan (Attachment 1), which will identify specific task/s consistent with one or more of the skills identified in Clause 2.7.
The Senior Teacher Action Plan will be submitted to the Principal preferably one month prior to commencement to allow due consideration of the plan. The Principal may delegate the approval process to a Head of School, or may ask the teacher to modify the Action Plan in consultation with the Head of School. This process should be carried out in timely and efficient manner.
The date of appointment will generally be from the beginning of a calendar year, unless the Action Plan specifies a different starting date.
The Senior Teacher Action Plan may be altered a) by a teachers re-submitting the Senior Teacher Action Plan to the principal, or b) the Principal giving the teacher three terms; notice of the need to submit a new Action Plan. The teacher may re-submit an Action Plan no more than once per year, which will go through the same process as in Clause 2.3.
The tasks identified in the Senior Teacher Action Plan will be undertaken by the teacher in a timely and effective manner consistent with the overall program of the College.
The task/s identified shall utilise and/or demonstrate one or more of the following:
2.7.1 Skills in effective classroom practices; 2.7.2 Skills in tutoring or extending students’ knowledge or skills; 2.7.3 Skills in evaluating and reporting student’s progress; 2.7.4 Skills in developing a co-curricular area; 2.7.5 Skills in developing relationships with students; 2.7.6 Skills in the development of personal and professional relationships with other staff members, parents and the wider community;
2.7.7 Skills in the development and implementation of ideas gained from professional development activities to enhance student’s learning; 2.7.8 Skills in the development and implementation of ideas gained from professional development activities to promote organisational development; 2.7.9 Skills in administration or organisation or a technical field; 2.7.10 Mentoring of graduate teachers or of other staff in general; 2.7.11 Involvement in some aspects of the College’s missional or service programs. 3
The tasks of a Senior Teacher will not be so frequent or onerous as to detract from the Senior Teacher’s primary role as a classroom teacher. The normal classroom load of a Senior Teacher may be adjusted when necessary, from time to time at the discretion of the Principal, with the available resources and consistent with the Hours of Duty provisions. 4
Appointment to Senior Teacher will be for a 12 - 36 month period, from the date of approval. Teachers may resubmit an application one month prior to the expiration of the Action Plan, following the process outlined in clause 2.3 of this Schedule. Should a teacher not comply with an undertaking he/she has given, or fails to submit an acceptable Action Plan at the request of the Principal, (as in 2.5 above), the Principal will:
4.1.1 Outline the nature of the non-compliance; 4.1.2 Provide the teacher with an opportunity to provide an explanation. 4.2
If the teacher does not provide an explanation to the satisfaction of the Principal and after being given an opportunity, fails to address the situation, then:
4.2.1 The Principal will provide a written determination to the teacher outlining the teacher’s non-compliance with the undertaking; and 4.2.2 The teacher will revert to the classification Band 3 Step 4 for a period of 12 months from the date of the Principal’s written determination. 4.3
After 12 months, the teacher is again eligible for access to senior teacher, provided that the Principal is satisfied that the undertaking given will be honoured.
The appointment will automatically lapse in the event of the person taking on a temporary or permanent Position of Added Responsibility.
Should a Senior Teacher undergo a Special Case Performance Review that substantiates a case of unsatisfactory work performance against the teacher, appointment as a Senior Teacher may be suspended at the discretion of the Principal, until satisfactory, consistent improvement is demonstrated by the Senior Teacher.
Remuneration will be set by the Enterprise Bargaining Working Committee in accordance with the process determined at Clause 1.5 of this Agreement and prescribed in Schedule 1 of this Agreement.
Senior Teacher 1 Action Plan
Name of Applicant: ST1 Requested Tenure: 1 year
Date of Application: 2 years
Overview of task(s) intended to perform as Senior Teacher, in accordance with Clause 2.7 of Schedule 4 – Senior Teacher 1:
Specific details and outline of tasks / responsibilities proposed:
Accountability Trail List the person/s to whom you would choose to be responsible for the completion of the plan above, and also indicate some criteria by which your Action Plan may be assessed annually. (The College may require a different supervisor and may add or amend criteria and indicators.) Responsible to:
Performance Criteria: CRITERIA
INDICATORS 1. 2. 3. 1. 2. 3. 1. 2. 3. 1. 2. 3.
Special resources required (if any):
Professional Development required (if any): Â
Head of School’s Comments:
Supported by HOS:
Approved by Principal:
Tenure: ____________ months
(Only after Principal’s comments are included and discussions finalised)
SCHEDULE 5 - SENIOR TEACHER 2 1
Senior Teacher 2
A full time permanent teacher is eligible to be a Senior Teacher 2 when he/she:
1.1.1 Has held Senior Teacher 1 status for 3 years; and 1.1.2 Is an outstanding classroom practitioner who consistently demonstrates a commitment to excellence in teaching and who is committed to professional development; and 1.1.3 Has an understanding of, commitment to and support for the values of the College in the classroom and the wider school community; and 1.1.4 Signs and presents to the Principal an undertaking clearly consistent with Clause 2: Senior Teacher 2 Professional Plan. 1.2
The teacher may submit a Senior Teacher 2 Professional Plan (see 2 below) prior to the eligibility date. However, remuneration as a Senior Teacher 2 will commence only from the date of eligibility.
Senior Teacher 2 Professional Plan
The teacher will submit a Senior Teacher 2 Professional Plan which builds on the tasks that the person has been doing for their ST1 role, or on an entirely new area, consistent with the express intention of increasing the excellence of the teacher’s contribution to the educational life of the College. The purpose is not so much the addition of new tasks, but the development of that area with a greater degree of professional freedom.
This undertaking will be in the form of a Senior Teacher 2 Professional Plan (Attachment 1), which will identify the proposed area of contribution, identified in Clause 2.1.
The applicant should nominate two professional referees who have in-depth knowledge of the applicant’s performance as a teacher and ability to fulfil the Professional Plan. One of these referees must be the person’s immediate supervisor. These written references must be provided with the Professional Plan (Referee template Attachment 2).
The Senior Teacher 2 Professional Plan will be submitted to the Principal. The Principal may delegate the approval process to a Head of School, or may ask the teacher to modify the Professional Plan in consultation with the Head of School. This process should be carried out in timely and efficient manner.
The date of appointment will generally be from the beginning of a calendar year, unless the Professional Plan specifies a different starting date.
The Senior Teacher 2 Professional Plan may be altered (a) by a teacher re-submitting the Professional Plan to the Principal, or (b) the Principal giving the teacher one terms notice of the need to submit a new Professional Plan. The teacher may re-submit a Professional Plan no more than once per year, which will go through the same process as in Clause 2.3.
The tasks identified in the Senior Teacher 2 Professional Plan will be reviewed on an annual basis, by the Senior Teacher submitting a brief report based on the criteria identified in the Professional Plan.
The task/s identified shall be additional to scheduled and allocated classes or duties and shall utilise and/or demonstrate one or more of the following:
2.7.1 Effective classroom practices; 2.7.2 Tutoring or extending students’ knowledge or skills; 2.7.3 Evaluating and reporting student’s progress; 2.7.4 Developing a co-curricular area; 2.7.5 Developing relationships with students; 2.7.6 The development of personal and professional relationships with other staff members, parents and the wider community;
2.7.7 The development and implementation of ideas gained from professional development activities to enhance student’s learning; 2.7.8 The development and implementation of ideas gained from professional development activities to promote organisational development. 2.7.9 Administration or organisation or a technical field. 2.7.10 Mentoring of graduate teachers or of other staff in general. 2.7.11 Involvement in some aspect of the College’s missional or service programs. 3
The tasks of a Senior Teacher 2 will generally not be so frequent or onerous as to detract from the Senior Teacher’s primary role as a classroom teacher. The normal classroom load of a Senior Teacher may be adjusted when necessary, from time to time at the discretion of the Principal, with the available resources and consistent with the Hours of Duty provisions. 4
Appointment to Senior Teacher 2 will be for a period of 24 – 36 months based on the complexity and longevity of the Professional Plan, from the date of approval. Teachers may re-submit an application one term prior to the expiration of the ST2 Professional Plan, following the process outlined in Clause 2.3.
Should a teacher not meet the College’s expectations of an undertaking he/she has given, or fails to submit an acceptable Professional Plan at the request of the Principal, (as in 2.5 above), the Principal will:
4.1.1 Outline the nature of the non-compliance; 4.1.2 Provide the teacher with an opportunity to provide an explanation. 4.2
If the teacher does not provide an explanation to the satisfaction of the Principal and after being given an opportunity, fails to address the situation, then:
4.2.1 The Principal will provide a written determination to the teacher outlining the teacher’s non-compliance with the undertaking; and 4.2.2 The teacher will revert to the classification Band 3 Step 4 or to Senior Teacher 1, at the discretion of the Principal, for a period of 12 months from the date of the Principal’s written determination. 4.3
After 12 months, the teacher is again eligible for access to Senior Teacher 2, provided that the Principal is satisfied that the undertaking given will be honoured.
The appointment may automatically lapse in the event of the person taking on a temporary or permanent Position of Added Responsibility.
Should a Senior Teacher’s performance deteriorate resulting in a performance management process, appointment as Senior Teacher may be suspended at the discretion of the Principal, until satisfactory, consistent improvement is demonstrated by the Senior Teacher.
Remuneration for Senior Teacher 2 is as prescribed in Schedule 1 of this Agreement.
ATTACHMENT 1 Senior Teacher 2 Professional Plan
Name of Applicant:
Date of Application: 2 years
ST2 Requested Tenure:
Referee Details (One of these must be your current supervisor) Referee 1 (name, position): Reference attached?
Referee 2 (name, position): Reference attached?
Overview of undertaking(s) intended to perform as Senior Teacher 2, in accordance with Clause 2.7 of Schedule 5 – Senior Teacher 2:
Accountability Trail List the person/s to whom you would choose to be responsible for the completion of the plan above, and also indicate some criteria by which your Action Plan may be assessed annually. (The College may require a different supervisor and may add or amend criteria and indicators.) Responsible to:
Performance Criteria applicable to the Action Plan tasks, possible indicators and review CRITERIA
INDICATORS 1. 2. 3. 1. 2. 3. 1. 2. 3. 1. 2. 3.
Special resources required (if any):
Professional Development required (if any): Â
Head of School’s Comments:
Supported by HOS:
Approved by Principal: Tenure: ____________ months
Date: Appointment Date:
(Only after Principal’s comments are included and discussions finalised)
Referee Report (Sample Template) REFEREE REPORT As a referee, you are asked endorse the content of this application for Experienced Teacher 2 classification. Comments may be made in the space provided. CRITERIA Understanding of, commitment to and support for mission and vision statements of Emmanuel College in the classroom and the wider College community Effective classroom practices, in evaluating and reporting students’ progress and in encouraging positive relationships with students in the classroom Achieving appropriate personal and professional relationships with parents/carers of students and with other relevant community members Effective personal and professional skills in collaborating with colleagues and relevant professionals in promoting student achievement. Developing and implementing ideas gained from professional activities to enhance students’ learning.
SCHEDULE 6 - MATERNITY LEAVE Maternity Leave Administrative Document 1
A female permanent full time or part time employee must have continuous service of at least 1 year to qualify for benefits mentioned below.
Continuous service means service as either a full time employee or part time employee but excludes any casual service with a break in continuity of 3 months or more. It will include a combination of full time and part time/casual.
An eligible employee will make application for maternity leave to the College not less than 10 weeks before the expected date of confinement in the form of a certificate from a medical practitioner stating the expected date of confinement. An employee will not be in breach of this notice requirement should confinement occur earlier than the expected date.
An eligible employee upon proceeding on leave shall receive paid maternity leave in accordance with the following: a.) b.) c.) d.)
7 weeks paid leave from 1 January 2012 8 weeks paid leave from 1 January 2013 9 weeks paid leave from 1 January 2014 10 weeks paid leave from 1 January 2015
Should an employee work less than full time, the paid leave shall be paid on a pro rata basis.
The staff memberâ€™s absence on paid maternity leave does count as service or for incremental purpose.
The salary for paid Maternity Leave will be at the same rate of salary that the staff members was on prior to leave.
The staff member will provide eight (8) weeks notice in term time of her intention to return to her employment.
The above entitlements are in addition to the entitlements available to an employee under the federal governmentâ€™s paid parental leave scheme.
SCHEDULE 7 â€“ NURSES 1
This schedule will apply to nursing employees employed at the College. 2
"Registered Nurse" means an employee who appears on the Register of Practitioners of the Australian Health Practitioner Regulation Agency as a Registered Nurse (Division 1), is subject to the standards, codes and guidelines of the Nursing and Midwifery Board of Australia and holds current registration. 3
A Registered Nurse Level 1 is entitled to advance one pay point upon successful completion of a post-registration course of at least 12 months' duration where the employee is required to perform the duties of a position to which the course is directly relevant. It is recommended that nurses contemplating undertaking a course as described in this clause should consult with the College prior to commencement of study to clarify whether the College accepts that it is a course as described in this clause. A Registered Nurse Level 1 whose current rate of pay includes the advancement provided for in this Schedule shall not be entitled to further advancement under this clause. A Registered Nurse Level 1 shall not retain an entitlement to advancement in paypoint pursuant to clause 105.1. if that nurse is no longer working in a position for which such post-registration course is directly relevant. "Paypoint" in this clause only, means one year in pay. 4
Total Experience To Count a) For the purpose of determining the rate of wages payable by reference to the year of service or paypoint of any employee, an employee shall be given credit for all previous continuous nursing service. b) Previous nursing service shall include time spent in obtaining additional nursing certificates other than the General Nursing Certificate. c) A part-time or Casual Employee shall be required to complete the equivalent of a full working year (1,976 hours) from the time of their first appointment, enrolment or registration or of their last increment before being eligible for the next increment. A person who has completed 1,976 hours of duty, or has received payment for 1,976 hours, including annual, sick, bereavement and other paid leave, shall be deemed to have completed a full year. d) In calculating continuous service for the purpose of this clause, any period of service (other than time spent as a nursing employee on full pay in obtaining additional nursing certificates) prior to an absence of over 3 years from nursing duties covered by a relevant nursing Award or Agreement shall not be taken into account. e) On termination of employment each employee shall be given a certificate signed and dated by the College setting out the duration of employment, capacity of employment, details of any advancement (or reversal of advancement) in paypoint, and in the instance of part-time and Casual Employees, the total hours worked. f) The onus of proof of previous experience shall be on the employee. g) An employee unable to provide proof of previous experience within four weeks of engagement, will be paid at the appropriate rate of pay for the first year of service or the year to which proof of experience is provided for the class of employee. Wages shall continue at this rate of pay until proof of experience is provided to the College or until such time as service has been accumulated to warrant payment at a higher rate. The employee shall be paid the higher rate on the date that proof of previous experience is supplied by the employee.
h) Where proof of previous experience being provided within 4 weeks, the College will adjust previous payments back to the date of commencement. 5
Hours Of Work, Breaks And Overtime
The ordinary hours of work prescribed for nursing staff may be worked on up to any 5 consecutive days in the week, Monday to Friday inclusive between 6.00am and 6.00pm. The ordinary hours of work shall be worked continuously and shall not exceed 10 hours on any one day or 38 hours per week
Where the ordinary hours of work are to exceed 8 on any day, the arrangements of hours shall be subject to the agreement of the employer and the majority of employees concerned.
Ordinary working hours of employees are to be worked in accordance with a roster. A copy of the roster shall be exhibited in a conspicuous place easily accessible to all employees. Rostered starting times shall not be altered, except in agreed emergencies, without 7 days notice. Except in the case of emergencies where such notice has not been given, all hours worked outside of the roster, until this provision has been complied with, shall be deemed overtime and paid accordingly: Provided that a roster may be altered at any time by mutual consent.
All time worked in excess of the ordinary working hours contained in 5(a) of this clause shall be paid overtime at the rate of time and one-half for the first 3 hours and double time thereafter. All overtime on a Sunday shall be paid at double time. Notwithstanding the above, where the employer expressly directs an employee to work either before the normal starting times or after the normal finishing times up to a maximum of 2 hours on any one day the employee may be granted time in lieu for the equivalent hours worked to be taken at a mutually convenient time Where the employer expressly directs an employee to work more than 2 hours before or after the normal starting or finishing times, the employee may receive payment at the rate of time and a half for the first hour and double time thereafter for time worked beyond the first 2 hours or receive payment for the full period so worked.
"Afternoon shift" means a shift where a majority of hours are worked after 12 midday and finished at or after 6.00 p.m.. Afternoon shift workers shall be paid an allowance of 12.5% for each shift of ordinary hours.
â€œNight shiftâ€? is a shift commencing at or after 6.00 p.m. or before 7.30 a.m. the following day, the major portion of which is worked between 6.00 p.m. and 7.30 a.m. Night shift workers shall be paid an allowance of 15% for each shift of ordinary hours.
Where an employee works at least 6 hours, an unpaid meal break of no less than 30 minutes shall be available between the 4th and 6th hour of work. Time and a half shall be paid for all work required to be undertaken during meal breaks.
Full time employees shall be entitled to a paid rest pause of 10 minutes in the first and second portion of the day. Part time and casual employees shall be entitled to a paid rest pause of 10 minutes after 3 hours work provided that such employees shall receive the same rest pauses as full time staff if they work more than a 6 hour day. Rest pauses can be combined at the discretion of the College to provide one 20 minute break
Weekend work - extra payment All rostered ordinary hours worked by any employee between midnight Friday and midnight Sunday up to and including 10 ordinary hours in any one shift shall be paid for at the rate of ordinary time plus the additional percentage of the employee's ordinary time rate as follows:
Midnight Friday to midnight Saturday Midnight Saturday to midnight Sunday
All time worked by an employee during the above week-end period in excess of ordinary hours in any one shift shall be paid at the appropriate overtime rate in lieu of the above additional percentages: 6
An employee who is called upon to continue work after the usual ceasing time shall be supplied with a reasonable meal at the College's expense or be paid $12.10 in lieu. This applies only if such overtime is more than 2 hours or more than one hour if overtime continues beyond 6.00 p.m. 7
Ten Hour Break Between Shifts
Where a nurse is required to continue working after the completion of the nurse's ordinary shift, the nurse shall be allowed not less than ten (10) hours off duty without loss of pay in respect of the nurse's next ordinary shift of duty. 8
Registered Nurses â€“ Generic Level Statements
These generic level statements are intended as broad descriptions of the role at each level of the career structure and should be applicable in all health settings where nurses practice. Compliance With Anmc Competencies Is Required At Each Level
Level 1 - Registered Nurse Generic level statement
The Registered Nurse is the first level nurse who is licensed to practice nursing without Supervision and who assumes accountability and responsibility for own actions and acts to rectify unsafe nursing practice and/or unprofessional conduct. It is essential that the nurse appears on the Australian Health Practitioner Regulation Agency (AHPRA) Register of Practitioners as a Registered Nurse (Division 1).
The Registered Nurse gives direct nursing care based on the Australian Nursing & Midwifery Council Incorporated (ANMC) competencies, to a group of residents/clients in collaboration with the Clinical Nurse/Clinical Nurse Consultant.
The degree of expertise will increase as the Registered Nurse advances through this level.
Practises in accordance with legislation affecting nursing practice and health care
Practises within a professional and ethical nursing framework
These ANMC competencies are grouped as follows: PROFESSIONAL PRACTICE
CRITICAL THINKING AND ANALYSIS 3.
Practises within an evidence-based framework
Participates in ongoing professional development of self and others
PROVISION AND COORDINATION OF CARE 5.
Conducts a comprehensive and systematic nursing assessment
Plans nursing care in consultation with individuals/groups, significant others and the interdisciplinary health care team
Provides comprehensive, safe and effective evidenceâ€“ based nursing care to achieve identified individual/group health outcomes
Evaluates progress towards expected individual/group health outcomes in consultation with individuals/groups, significant others and interdisciplinary health care team
COLLABORATIVE AND THEURAPTIC PRACTICE 9.
Establishes, maintains and appropriately concludes therapeutic relationships
Collaborates with the interdisciplinary health care team to provide comprehensive nursing care
Level 2 - Clinical Nurse Generic level statement
A Clinical Nurse means a Registered Nurse who is appointed as such.
Gives direct care to a group of patients/clients.
May relieve Level 3 positions.
Generic level statement
The Clinical Nurse role requires a broad developing knowledge in professional nursing issues and a sound specific knowledge-base in relation to a field of practice.
Acts as a role model for Registered Nurses and other non-registered personnel in the provision of holistic patient/client care.
The Clinical Nurse assumes accountability and responsibility for own actions and acts to rectify unsafe nursing practice and/or unprofessional conduct.
Takes additional responsibility delegated from the CNC which clearly differentiates the role from that of the Registered Nurse e.g.:
planning and co-ordination of ward/unit education programs and other staff development activities.
A Clinical Nurse is responsible for a specific client population, and is able to function in more complex situations while providing support and direction to Registered Nurses and other non-registered nursing personnel.
orientation of new staff.
The Clinical Nurse identifies, selects, implements and evaluates nursing interventions that have less predictable outcomes.
preceptorship for new staff.
The Clinical Nurse is able to demonstrate:
participates in action research.
advanced level clinical skills and problemsolving skills;
Participates in nursing policy review and initiatives.
planning and co-ordination skills in the clinical management of patient care;
Co-operates with other Clinical Nurses in relation to development of programs and initiatives.
ability to work within a collegiate/team structure;
Ensures a safe working environment.
awareness of and involvement with the quality assurance process;
contribution to professional practice of the unit.
Level 3 - Clinical Nurse Consultant Generic level statement
The Clinical Nurse Consultant means an employee appointed as such, who is a Registered Nurse. The Clinical Nurse Consultant is a proficient practitioner who is accountable for the co-ordination of standards of care delivered in a specific patient/client care area.
Co-ordinates patient care activities for one patient care/service delivery area.
Gives, on a regular basis, direct care to a small number of patients with complex care needs.
Manages activities related to the provision of safe patient/client care.
The Clinical Nurse Consultant collaborates with the Nurse Manager, Nurse Educator and Nurse Researcher to facilitate the provision of quality cost-effective care.
Evaluates care and institutes mechanisms to correct deficiencies.
Participates in multi-disciplinary reviews of patient care outcomes.
The Clinical Nurse Consultant demonstrates:
Monitors patients' perceptions of their care and institutes mechanisms to remedy deficiencies in care
an advanced level of clinical skills
Undertakes action research to address patient/client care problems and issues.
proficiency in the delivery of nursing care
Reviews pattern of care delivery and assesses appropriateness of change.
Generic level statement
skilled co-ordination of nursing care
Participates in committees for patient/client care improvements, initiatives and policy development.
Assesses professional development needs of staff and co-ordinates unit education programs.
The Clinical Nurse Consultant fulfils the function of:
Acts as an expert consultant to staff of own unit and on request, to other units, in relation to area of expertise.
Identifies issues requiring policy review.
Participates in relevant policy development.
Develops and implements relevant quality assurance programs.
Participates in staff selection processes.
Participates in orientation and other staff development activities.
Participates in performance review mechanisms.
Ensures a safe working environment.
Participates in relevant research projects.
The Clinical Nurse Consultant has the authority to coordinate care for one patient/client unit and assumes accountability and responsibility for own actions and acts to rectify unsafe nursing practice and/or unprofessional conduct.
SCHEDULE 8 - TEACHER EMPLOYMENT ARRANGEMENTS (Other than Kindergarten Teachers) 1
This schedule shall apply to all teachers employed at the College with the exception of Kindergarten Teachers. 2
4 Year Trained Teacher means a person appointed as a Teacher who holds an Approved degree from a recognised tertiary education institution or an Approved equivalent tertiary qualification plus at least one Year of Teacher education or such other qualifications recognised by the Employer as equivalent to one Year of Teacher education.
Teacher means and includes any employee other than the headmaster/headmistress or principal, who is ordinarily engaged in teaching full-time or part time on the staff of a school. The term also includes any Teacher engaged in giving class instruction in physical education, commercial subjects, home science, agricultural subjects, art, music, manual training subjects or such other subjects Approved by the QSA.
3 Year Trained Teacher means a person appointed as a Teacher with 3 Years of Teacher education or such other qualifications as may be recognised by the Employer for this purpose.
Teachers shall be advised in writing of their employment category upon appointment.
3.1.1 Employment categories are: a) b) c) d) e) 3.2
full-time; part-time (as prescribed in clause 3.2); job share (as prescribed in clause 3.3); casual (as prescribed in clause 3.4): or fixed term (as prescribed in clause 3.5)
3.2.1 The rate of payment for part-time Teachers shall be calculated in accordance with the following: a) By dividing the fortnightly rate of salary prescribed by the agreement for a Teacher of equivalent teaching experience and academic qualification by 63. Part-time Teachers employed in accordance with clause 3.2.1 shall accrue a pro rata entitlement to sick leave and vacation periods based on the average weekly hours of employment. 3.2.2 A part-time Teacher in Secondary Schools and in Secondary Departments of Primary Schools shall be allowed time for corrections, assessments or evaluations at the school not less than at the rate of one hour for every 5 hours of teaching time. This time shall be paid in accordance with the scale of salaries prescribed in Part 5. 3.2.3 No part-time Teacher shall be employed in one school for more than 16 hours of actual teaching per week or if employed in more than one school be actually engaged in teaching for an aggregate time in excess of 19 hours. 3.2.4 The provisions of clauses 4, 5 and 6 of this schedule shall apply to part-time Teachers provided that a part-time Teacher shall be deemed to have completed a Year of Service, for the purpose of clause 4 and clause 5 only, when the aggregate amount of time paid for is 1,000 hours. 3.2.5 Payment shall be made at the prescribed rate to a part-time Teacher whose class or classes are not available unless notice has been given to the part-time Teacher of the unavailability of such class or classes on the preceding school day.
3.4.1 A casual Teacher shall be employed on an intermittent basis to relieve a Teacher absent from Duty or to meet a short term staffing need. 3.4.2 A casual Teacher shall be employed for a minimum period of 3 hours and a maximum period of 5 days of teaching in respect of any one engagement. There shall be a minimum payment of 3 hours for each day so employed. 3.4.3 Where Teachers are required to perform duties over and above their classroom teaching duties, they shall be remunerated in accordance with clause 3.4.4. 3.4.4 Remuneration for a casual Teacher shall be based on the scale of salaries prescribed in Part 5 in accordance with the formula below: a) By dividing the fortnightly rate of salary prescribed by this agreement for a Teacher of equivalent teaching experience and academic qualification by 53 and adding thereto a casual loading of 23 %. No payment shall be made to such part-time Teachers for public holidays, school vacation periods or days absent from Duty because of illness or any other reason. Notwithstanding the above, the parties acknowledge the intention of the College to increase the casual loading during the life of this Agreement subject to the wages parity commitments contained in clause 4.1 of this Agreement. 3.4.5 Casual Teachers in Secondary Schools and in Secondary Departments of Primary Schools will be paid for preparation and correction time in accordance with normal time provided. Casual Teachers will not receive such payment in respect of the first 2 days of any one engagement. 3.4.6 The provisions of clause 4.2 and clause 5.2 relating to salary increments shall apply provided that 1,200 hours shall be substituted for 1,000 hours. 3.5
Recognition of Additional Qualifications – Teaching Staff
3.5.1 The parties acknowledge the benefits to both the College and an Employee in gaining additional qualifications relevant to an employee’s position at the College. 3.5.2 A teacher who completes an additional appropriate qualification shall receive accelerated classification provided that the qualification is clearly advantageous to the teacher’s current role at the College. It is recommended that a teacher seek clarification from the College prior to enrolling in the study as to whether the completed qualification would be viewed as advantageous to the teacher’s role. 3.5.3 The level of accelerated classification shall normally be in the form of one additional incremental step subject to the discretion of the College. 3.6
Fixed term appointment
3.6.1 Fixed Term Appointee is defined as a Teacher appointed by the school to accommodate an identifiable short term need. Without limiting the application of the foregoing, an identifiable short term need could include: a) b) c) d) e)
Special projects Proposed closure of a school Special Government grants Filling the position of a specified Teacher who is on nominated leave from the school Filling the position of a Teacher arising from a resignation, where such position is declared vacant and no suitable permanent Teacher is available.
3.6.2 Fixed term appointees will be employed for a period no greater than 12 months and shall not be regarded as probationary Teachers provided that if the identifiable short term need exists after the 12 month period, the fixed term appointment may be re-negotiated.
3.6.3 Any agreement reached between a school and an individual Teacher as prescribed by this clause shall be in writing, signed by both parties, and shall clearly identify the terms, conditions and specific duration of the appointment. 4
Salaries - 3 Year trained Teachers
The following scale of minimum salaries shall apply: Band 1 Step 1 Step 2 Step 3 Step 4 Band 2 Step 1 Step 2 Step 3 Step 4 Step 5 Band 3 Step 1 Step 2 Step 3 Step 4
4.2.1 A 3 Year trained Teacher shall be appointed at Band 1 Step 1. 4.2.2 Except as otherwise provided by this agreement, progression from one salary Step to a higher salary Step shall be by annual increment up to a maximum salary of Band 2. 4.2.3 Except as otherwise provided by this Agreement, a 3 Year trained Teacher shall have access to Band 3 and shall complete 2 years service on Steps 1, 2 and 3 of Band 3 before progression to the next Step. 4.3
Progression - Additional qualifications
A 3 Year trained Teacher who successfully completes further tertiary study to achieve the status of 4 Year trained Teacher shall as from 1 January or 1 July whichever is the first following such completion upon production of satisfactory evidence thereof have the appropriate salary Step in clause 4.1 determined according to the following table: Salary Step clause 4.1
Salary Step clause 5.1
Band 1 Step 1 Band 1 Step 2 Band 1 Step 3 Band 1 Step 4 Band 2 Step 1 Band 2 Step 2 Band 2 Step 3 Band 2 Step 4 Band 2 Step 5
Band 2 Step 1 Band 2 Step 2 Band 2 Step 3 Band 2 Step 4 Band 2 Step 5 Band 3 Step 1 Band 3 Step 2 Band 3 Step 3 Band 3 Step 4
The arrangements contained in clause 4.3 shall not alter the date at which a Teacher progresses to the next salary Step on the scale where applicable.
Progression - Professional Development
4.5.1 Notwithstanding the provisions of clause 4.2, a 3 Year trained Teacher may apply for progression by annual increments through Band 3 subject to the following conditions:
completion of at least 12 months service on Step 5 Band 2;
b) participation in 150 hours of accredited professional development activities undertaken no earlier than 1 January 1990 to be achieved at an annual average rate of not less than 30 hours (5 days) and to be undertaken outside the hours engaged in teaching; and c) provision of a statement outlining the knowledge and skills acquired through participation in professional development. 4.5.2 Applications for progression shall be made through the Principal of the school and be subject to assessment and recommendation to the school authority by a panel consisting of â€“ a) a representative of the School Authority; b) a representative of the Teacher seeking progression; c) a representative jointly agreed to. 4.5.3 Applications shall include â€“ a) certification of participation in accredited professional development activities by activity providers; b) a brief statement on a standard agreed, outlining the additional knowledge and skills acquired and their application in the Teacher's work. 4.5.4 No Teacher shall be required to undergo classroom or other inspection for the purposes of certification. 4.5.5 The review panel shall make a recommendation to the employing authority as to whether in its opinion the Teacher has satisfied the eligibility criteria in clause 4.5. 4.5.6 A Teacher shall retain all rights under the Act. 4.5.7 A Teacher who is certified as having satisfied the requirements contained in clause 4.5.1 shall be entitled to progress to the next Step in Band 3 from the date of application or on the completion of 12 months' service on their current Step which shall be no lower than Step 1 of Band 3 whichever is the later and shall progress thereafter by annual increments to the maximum salary of Band 3. 5
Salaries - 4 Year trained Teachers
The following scale of minimum salaries shall apply: Band 2 Step 1 Step 2 Step 3 Step 4 Step 5 Band 3 Step 1 Step 2 Step 3 Step 4
5.2.1 A 4 Year trained Teacher shall be appointed at Band 2 Step 1. 5.2.2 A Teacher admitted to the service as a 4 Year trained Teacher who has an Approved bachelor's degree with first and second degree honours from a recognised University plus one Year of Teacher education or 2 Approved degrees from a recognised university plus one Year of Teacher education shall commence on the salary prescribed for Step 2. Notwithstanding the above, the granting of an additional salary classification level at the time of appointment shall be contingent upon the additional qualifications being recognised by the College as relevant to an employeeâ€™s position.
5.2.3 Except as otherwise provided by this agreement, progression from one salary Step to a higher salary Step shall be by annual increment up to a maximum salary of Band 3. 5.3
Recognition of relevant prior non teaching service and experience â€“ Teachers
5.3.1 In accordance with this clause a teacher new to Emmanuel College may apply to have prior non-teaching service and experience recognised for the purposes of salary classification. Full time and part-time service and/or experience can be recognised. 5.3.2 Where an existing employee successfully makes application for the recognition of prior non-teaching service in accordance with this clause, they will be paid at the adjusted rate. 5.3.3 Any application for recognition of prior non-teaching service and experience must be made in accordance with College policy and within 10 weeks of commencing employment at the College. 5.3.4 A teacher or applicant for the position of teacher may seek recognition for multiple categories of prior nonteaching employment in one application. 5.3.5 Applications for recognition of previous non-teaching service and experience should relate to employment in an area/s relevant to their current teaching role. Recognition will be given only to employment that ceased in the five (5) year period prior to the date of appointment. 5.3.6 The five (5) year limitation in clause x may be extended by the employer where special circumstances are demonstrated by the teacher or applicant. 5.3.7 The relevance of the prior non-teaching experience must be demonstrated by the employee and accepted by the employer as being applicable to the current teaching role. 5.3.8 For the purposes of this clause any prior non-teaching service as an apprentice or trainee will not be recognised as relevant prior service. 5.3.9 Should prior non-teaching service and experience be recognised for salary classification purposes, any such recognised service will count on the basis of no more than thirty-three percent (33%) of the recognised service. 6
Salary increments Subject to satisfactory conduct, diligence, and efficiency, a Teacher shall receive annual increments in salary according to the scale of salaries applicable until the Teacher receives the maximum salary for which the Teacher is eligible under this agreement.
Payment of salaries Except where otherwise mutually agreed between the employer and the majority of employees, payment of salaries shall be made fortnightly.
Proportion of Salary and Annual Leave
A Teacher upon appointment shall be paid in the first full pay period following the commencement of Term 1. This pay will be backpaid to 1 January of that year. A Teacher who has taught (or has been granted leave by the College) for each day of the school year shall be paid as for a full calendar year commencing on 1st January. A Teacher who ceases Duty before completing 10 teaching weeks of employment shall be paid in lieu of annual leave an amount equal to 1/12th of their ordinary pay for the period of employment.
A Teacher who ceases Duty after at least 10 teaching weeks of employment shall be paid the proportion of the Teacher's annual salary of that year that the Teacher's service excluding school vacations bears to a standard school year: Provided that such proportion of salary shall be calculated on the salary which the employee was receiving immediately before cessation of employment.
A standard year shall be deemed for the purposes of this clause to be the weeks set down in the annual calendar of Emmanuel College as teaching weeks plus any days set down as pupil-free days.
For the purpose of compliance with the National Employment Standards, and for no other purpose, the parties envisage that annual leave shall be deemed to be part of the paid school holiday periods for teachers and annual leave may only be taken during these holiday periods.
As a consequence of clause 8.6, the parties agree that, by the operation of this clause, all annual leave credited to an employee shall be deemed to have been either used in full each year in the case of a Teacher who teaches for a full year, or paid for on a pro-rata basis in the case of a teacher who teaches for less than a full year.
Annual leave loading
A Teacher who has taught (or has been granted leave by the school) for each day of the school year at the particular school shall receive an annual leave loading equivalent to 17.5% of 4 weeks' salary calculated upon the salary which such employee was receiving immediately before commencing the midsummer vacation.
A Teacher who commences employment after the beginning of a school year and: a)has actually taught for at least 20 weeks; or b) has taught for at least a full school term and who teaches to the end of the school year, shall be paid the proportion of the annual leave loading prescribed in clause 9.1 that the Teacher's service (excluding school vacations) bears to a standard school year.
A Teacher who resigns, having given the prescribed notice in writing, or whose services are terminated by the employer for some reason or reasons other than misconduct and who has taught for at least the full first school term shall be paid the proportion of the annual leave loading prescribed in clause 9.1 that the Teacher's service (excluding school vacations) bears to a standard school year: Provided that such loading shall be calculated upon salary which the employee was receiving immediately before cessation of employment.
The full amount of the abovementioned annual leave loadings shall be paid to the Teacher at the commencement of the midsummer vacation or prior date of cessation of employment.
A standard year shall be deemed for the purposes of this clause to be the weeks set down in the annual calendar of Emmanuel College as teaching weeks plus any days set down as pupil-free days.
An employee who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for the time the employee would ordinarily have been required to perform work on that day.
Work that is expressly directed by the employer to be undertaken by an employee on: - the 1st January; - the 26th January; - Good Friday; - Easter Saturday (the day after Good Friday); - Easter Monday; - the 25th April (Anzac Day); - Labour Day; - The Birthday of the Sovereign; - Christmas Day; - Boxing Day; or - any day appointed under the Holidays Act 1983, to be kept in place of any such holiday
will be paid for at the rate of double time and a-half with a minimum of 4 hours. 10.3
Double time and a-half For the purposes of this clause, where the rate of wages is a weekly rate, double time and a-half means one and one half day's wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day.
Work done on any other holiday shall not be deemed overtime or paid at an increased rate.
10.5.1 Work that is expressly directed by the employer to be undertaken by an employee in a district specified from time to time by the Minister by notification published in the Industrial Gazette on the day appointed under the Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural horticultural or industrial show held at the principal city or town, as specified in such notification, of such district shall be paid for at the rate of double time and a-half with a minimum of 4 hours. 10.5.2 In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes.
SCHEDULE 9 - SCHOOL OFFICER EMPLOYMENT ARRANGEMENTS 1
This schedule shall apply to those employees who are not employed as teachers but whose duties are ancillary to and/or involved in the educational process: and who may have been described as teacher aides, librarians, library aides, laboratory assistants, audio-visual aides, scientific personnel, school secretaries, school assistants, school officers and other non-teaching employees; but excluding persons employed as kindergarten non-teaching staff, persons employed as grounds-persons; nurses; builders; carpenters; manual labourers; estate hands; bus drivers; cleaners; cooks; domestics; kitchen hands; laundresses/seamstresses; domestic housemaids; housekeepers; school maintenance assistants, waiters; tutors, retail and hospitality staff, sport, fitness and swim instructors and boarding supervisors who are not teachers.
This schedule shall not apply to employees who may be commonly described as bursars, school accountants and managers.
Contract of employment
Each employee other than a casual employee shall be advised in writing at point of engagement and at other times when varied in accordance with this Agreement, the following:
2.1.1 The nature of engagement as either full-time or such other category as provided in this schedule. 2.1.2 If not full-time, the weeks the employee is to be employed. 2.1.3 The days of the week the employee is to be employed. 2.1.4 The normal starting and finishing time for each day's employment. 2.1.5 The duration of the engagement in respect of employment for a fixed period. 2.2
Employment categories are:
2.2.1 full-time which means an employee engaged to work 38 ordinary hours per week on the basis of 52 weeks per annum; 2.2.2 part-time (as prescribed in clause 3); 2.2.3 casual (as prescribed in clause 4); or 2.2.4 term-time employee (as prescribed in clause 5); or 2.2.5 fixed period employee (as prescribed in clause 5). 2.3
Subject to clause 3 and clause 4 of Schedule 11, an employer may vary the terms of engagement of any employee other than a casual employee by providing 2 weeks' notice of such changes unless it is mutually agreed between the employer and employee for a shorter period of time.
A part-time employee is an employee who:
3.1.1 is employed for less than 38 ordinary hours per week on the basis of 52 weeks per annum; and 3.1.2 has reasonably predictable hours of work; and 3.1.3 receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees covered by this Agreement. 3.2
At the time of engagement, the employer and the employee will agree in writing on the pattern of work required, including specifying the number of ordinary hours per week, the days on which the work is to be performed and the normal daily starting and finishing times.
Any variation to the work pattern, including the normal starting and finishing times prescribed in clause 10.2.3, will be in accordance with methods of altering the ordinary hours of work for full-time employees.
Subject to clause 2.3 the agreed number of ordinary hours per week may be varied by mutual agreement. Any such agreed variation to the number of weekly hours of work will be recorded in writing.
All time worked at the expressed direction of the employer outside the spread of ordinary working hours and the employees normal starting and finishing times of ordinary hours will be overtime and paid for at the rates prescribed in clause 11 - Overtime, of this Agreement.
A part-time employee employed under the provisions of clause 3 must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.
Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be paid the appropriate rate for the number of hours normally worked on that day.
Where an employee and their employer agree in writing, part-time employment may be converted to full-time, and vice-versa. If such an employee transfers from full-time to part-time (or vice-versa), all accrued entitlements shall be maintained. Following transfer to part-time employment accrual will occur in accordance with the provisions relevant to part-time employment.
Casual employee means an employee engaged and paid as such and who is employed by the hour for a maximum period of 20 working days on any one engagement.
A casual employee shall be paid an hourly rate equal to 1/38th of the weekly rate for a full-time employee plus 23% with a minimum payment of 2 hours for each day's engagement. Notwithstanding the above, the parties acknowledge the intention of the College to increase the casual loading during the life of this Agreement subject to the wages parity commitments contained in clause 4.1 of this Agreement.
Employment of term-time and fixed period employees
Term-time or fixed period employees shall be entitled to be paid an hourly rate for ordinary hours worked equal to the appropriate weekly full-time rate divided by 38.
Employees under clause 5 shall be entitled to receive pro rata entitlements to annual leave and sick leave.
Where a public holiday falls on a day upon which an employee is normally employed, that employee shall be paid the appropriate rate for the number of hours normally worked on that day.
Term-time employee is a continuing employee engaged to work:
38 ordinary hours per week but less than 52 weeks per annum; or Less than 38 ordinary hours per week and less than 52 weeks per annum.
Fixed period employee is one engaged to work 38 ordinary hours or less per week with a specified commencement and cessation date: Provided that a fixed period employee may be engaged for a period of up to 52 weeks in respect of any one engagement.
An employer shall determine the classification of a position through the following process:
6.1.1 An analysis is to be undertaken to establish the skills and responsibilities required for each identified position and a position description written for each position.
6.1.2 Each position is classified by reference to the classification criteria set out in clause 6.2 using the position description developed in accordance with clause 6.1.1. 6.1.3 Employees are appointed to a position at the appropriate level within the structure and to a step in the level according to experience based on years of service. 6.1.4 All position descriptions will be updated by the Human Resource Office, following consultation with the employee and/or relevant department, from time to time according to the needs of current practice, College requirements or external circumstances, and in any case within a five year period. 6.2
If at any time an employee or an employer considers that the skills and responsibilities as required by the employer for a position have altered or do not reflect the classification determined, a review of the classification applicable to the position is to be undertaken in accordance with clause 6.1 and an appropriate classification determined. However, except in exceptional circumstances such as a change in the skill and/or responsibility required, or a change in the conditions under which the work is performed, no employee shall be permitted to seek a reclassification of their position on more than one occasion in a 12-month period.
Where a disagreement arises as to the outcome of a classification review, it will be dealt with under the grievance procedure contained in 3.2 of this Agreement. At any meeting specified in clause 3.2 the person who made the decision about the classification review shall, wherever possible participate.
Recognition of Previous Service For Salary Purposes
6.4.1 Recognition of years of service for salary purposes may include all previous relevant experience as a school officer within the non-government education industry, or demonstrated relevant experience in a state school, at or above the classification level of the position to which the employee is appointed on and from the 27 February 1995. 6.4.2 Other government or private industry experience may also be recognised where the College considers this relevant to the position to which the employee is appointed. 6.4.3 Only service in the five (5) years prior to the date of application will be considered for recognition. 6.4.4 Applications for the recognition of previous service in accordance with this clause shall be made by the employee within ten (10) weeks of commencing employment at the College. 6.4.5 The provision of documentary evidence of previous employment as a school officer shall be the responsibility of the employee. 6.4.6 Notwithstanding the above other forms of documentary evidence may be accepted at the discretion of the College. 6.5
6.5.1 Classification criteria are guidelines to determine the appropriate classification level under this Agreement and consist of characteristics and typical duties and skills. 6.5.2 The characteristics are the principal guide to classification as they are designed to indicate the level of basic knowledge, comprehension of issues, problem and procedures required, the level of autonomy, accountability supervision/training involved with the position. The characteristics of a level must be read as a whole to gain an understanding of the position and the performance requirements. Isolated characteristics should not be used to justify the classification of a position. 6.5.3 The typical duties/skills are a non-exhaustive list of duties/skills that may be comprehended within the particular level. They reflect the competencies of a particular level. They are an indicative guide only and at any particular level employees may be expected to undertake duties of any level lower than their own. Employees at any particular level may perform/utilise one such duty/skill or many of them depending on the particular work allocated to them. Typical duties/skills should not be used as the primary determinant in classifying employees but may be useful if the characteristics of a level cannot be easily applied in an individual instance.
Some of the Characteristics have been included in the Typical Skills/Duties at each level. Where there is inconsistency between the Characteristics and the Typical Skills/Duties, the Characteristics will prevail over the Typical Skills/Duties. 6.5.4 The key issue to be looked at in properly classifying an employee is the level of initiative, responsibility/accountability, competency and skill that an employee is required to exercise in performing the employee's work within the parameters of the characteristics, read as a whole, of the position. 6.5.5 It should be noted that some typical duties/skills appear at one level only while others appear at more than one level. Because of this, the classification or reclassification of a position needs to be done by reference to the specific characteristics of the level. As an example, because an employee may be utilising a skill comprehended at a higher level than that to which the employee has been appointed, the employee assumes the level of initiative, accountability/responsibility, skill and competency envisaged by the characteristics of the higher level. 6.5.6 Level 1 in the structure may be applied as a level at which employees learn and gain competency in the basic skills required by the employer. In the event that the increased skills/competency are utilised by the employer, progression through the structure may be possible. 6.6
Classification Criteria and Levels Wage Relativities Level
1 2 3 4
88 90 92 94
1 2 3
96 99 100
1 2 3 4
105 107 109 110
1 2 3
112 115 118
1 2 3
122 125 128
1 2 3 4 5
132 139 146 154 161
1 2 3 4 5
163 166 169 172 175
CHARACTERISTICS AND QUALIFICATION Competency of Employee Level 2
Competency at this level involves self directed application of knowledge with substantial depth in some areas
Competency at this level involves self directed development and application of professional knowledge with substantial depth in some areas
Competency at this level involves the use of initiative in self directed development and application of expert knowledge with extensive recognised expertise in some areas
A range of technical and/or other skills are applied to roles and functions in both varied and highly specific contexts.
A broad range of professional skills are applied to roles and functions in both varied and highly specific contexts.
A breadth and depth of professional skills are applied to roles and functions in both varied and highly specific contexts.
A proportion of competencies involve complex, specialized or professional functions.
A high proportion of competencies involve significant scope and/or complex, specialized or professional functions.
Competency at this level involves application of knowledge and skills to a range of tasks and roles
Competency at this level involves application of knowledge with depth in some areas and a broad range of skills
There is a defined range of contexts where the choice of actions required is clear
There is a range of roles and tasks in a variety of contexts
There is a wide variety of tasks and roles in a variety of contexts.
There is limited complexity of choice
There is some complexity in the extent and choice of actions required
There is complexity in the ranges and choice of actions required
Competencies are normally checked within well established routines, methods and procedures
Competencies are normally used within routines, methods and procedures
Competencies are normally used within a variety of routines, methods and procedures
Competencies are normally used independently and both routinely and non routinely.
Competencies are used independently and are substantially non-routine with initiative being exercised in the application of professional practices
Duties of an innovative and/or critical nature are undertaken without professional direction and initiative is exercised in the application of professional practices
Limited discretion and judgement about possible actions is involved
Some discretion and judgement are involved in selection of equipment, work organisation, services, actions and achieving outcomes within time constraints.
Discretion and judgement are required for self and/or others in planning, selection of equipment, work organisation, services actions and achieving outcomes within time constraints.
Discretion and judgement are required in planning and selecting appropriate equipment, service techniques and work organisation for self and/or others.
Significant discretion and judgement are required in planning, design, professional, technical or supervisory functions related to services, operations or processes for self and/or others.
Significant discretion and independent judgement are required within constraints set by management.
Supervision of Employeesâ€™ Work Level 2
Works under direct and/or routine supervision depending on function.
Works under limited supervision.
Work is intermittently checked.
Work may be checked in relation to overall progress
May take the form of general guidance where working in teams is involved.
May take the form of broad guidance.
May involve detailed instructions in some situations;
May involve a level of autonomy when working in teams.
Work is carried out under general supervision.
Works under general supervision and/or broad guidance depending on function.
Progress and outcomes sought are under general guidance.
Works under broad guidance.
Work is usually performed under general guidance with limited or no professional supervision.
Work is usually measured in terms of the achievement of stated objectives to agreed standards.
The general quality of work is monitored by school management and is subject to stated objectives and professional standards.
May be less direct than at lower levels and usually be related to task methodology and work practices. May involve a level of autonomy in accordance with a broad plan or budget strategy.
Supervision of Others Level 2 An employee at this level will have no supervisory responsibilities
An experienced employee may assist others by providing peer support in the completion of routine tasks
Peer assistance may be provided to others.
The work of others may be supervised
An employee may have limited responsibility for guidance of the work of others
Responsibility for the work and organisation of others in limited areas.
Team co-ordination may be required
Teams may be guided or facilitated.
Training of subordinate staff may be required.
Responsibility for the planning and management of the work of others may be involved
Responsibility for the supervision and monitoring of the work of others and of workflow in the area of responsibility may be involved.
Responsibility for the setting and achieving of objectives by a work section and its staff may be involved.
Leadership and development of teams and responsibility for outcomes may be required.
Supervision and training of lower level staff may be involved.
Responsibility for assessment, training and development and performance counselling of staff may be required.
Levels 1 to 7 Qualifications Matrix Level 1 Level 2 Junior Certificate is the Junior Certificate is the minimum formal minimum formal qualification. No qualification. No experience is required. experience is required.
Level 3 Tertiary qualifications at Certificate level or equivalent qualifications relevant to the position may be required or such knowledge, qualifications and experience that are deemed by the employer as necessary to successfully carry out the duties of the position.
Level 4 Tertiary qualifications at Certificate level or equivalent qualifications relevant to the position may be required or such knowledge, qualifications and experience that are deemed by the employer as necessary to successfully carry out the duties of the position.
Level 5 Tertiary qualifications at Associate Diploma/Diploma level or equivalent qualifications relevant to the position may be required by the employer or knowledge, qualifications and experience that are determined by the employer as necessary to successfully carry out the duties of the position.
Level 6 Relevant formal qualifications at degree level are required.
Level 7 Formal qualifications at degree level are required, along with relevant post graduate qualifications or extensive and relevant experience as required by the employer to reflect higher levels of professional outcomes.
Typical Duties/Skills Employee Assisting Student Learning Level 2 Level 3 2.1.1 Assist developmentally appropriate student learning, either individually or in groups, under the direct supervision of an academic staff member where limited discretion and judgement are involved. 2.1.2 Under direct supervision of a higher level officer or members of the academic staff prepare and clear away materials for display/use in classrooms or libraries. 2.1.3 Perform within well established routines tasks associated with the mass production of printed material including collating, stapling, binding, folding, cutting, etc 2.1.4 Under direct and /or routine supervision, perform tasks of limited complexity, associated with classroom learning experiences, such as assisting teachers in preparing, implementing and supervising learning programs. 2.1.5 Support students in relation to their physical needs.
3.1.1 Assist developmentally appropriate student learning, either individually or in groups, where some discretion and judgement are involved in evaluating and assessing (under the supervision of an academic staff member(s)) the learning needs of students. 3.1.2 Within routines, methods and procedures carry out liaison between the school, the student and the student’s family where some discretion and judgement are involved. 3.1.3 Support students in relation to their physical needs where some discretion and judgement are involved.
4.1.1 Assist developmentally appropriate student learning, either individually or in groups, under the general supervision of an academic staff member(s). Employees at this level are required to exercise discretion and judgement to modify education programmes to meet the learning needs of specific students. 4.1.2 Carry out liaison between the school, the student and the student’s family where discretion and judgement are required in relation to planning, actions and achieving outcomes. 4.1.3 Within a variety of routines, methods and procedures provide significant assistance in the enrolment, family liaison and placement of overseas students.
5.1.1 Apply a range of technical and other skills involving the selfdirected application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position. This may include: developing the framework for and providing the instruction to students (within a structured learning environment) under the general supervision of an academic staff member(s); providing pastoral ministry and support for students. 5.1.2 Under broad guidance, supervise the operations of the school’s processes and activities in relation to overseas students. This may include: enrolment; family liaison; and placement.
6.1.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree. This may include: the gathering, analysis and interpretation of data; or preparation of reports and the consequent giving of advice to other professional staff to assist student learning; or providing pastoral ministry; or providing counselling and/or guidance support for students. 6.1.2 Provide professional advice to staff and students in the officer’s area of expertise or qualification.
7.1.1 Undertake more complex professional activities involving the selection and application, based on professional judgement, of new and existing techniques and methodologies requiring the exercise of professional independence combined with competence derived from extensive experience and/or additional study. 7.1.2 Undertake supervisory responsibilities which may include on the job training, staff assessment and performance counselling in relation to staff in lower level positions. 7.1.3 Operate and be accountable for the quality of output of a section or function within the school.
Laboratory Employees Level 2
Level 5 5.2.1 Apply a range of technical and other skills involving the self-directed application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position. This may include: designing laboratory experiments; and appropriate responsibility for the application of workplace health and safety requirements in the laboratory
Provide science program assistance where limited discretion and judgement are involved
3.2.1 Provide science program assistance where some discretion and judgement are involved.
4.2.1 Responsibility for and/or training of subordinate staff in limited areas may be required.
Maintain science equipment, materials and specimens not requiring a depth of knowledge or technical skills.
3.2.2 Assist in the design/demonstration of experiments under supervision of an academic staff member(s) where some discretion and judgement are involved.
4.2.2 Design and demonstrate experiments, within a variety of routines and procedures, under the supervision of an academic staff members(s) where discretion and judgement are required.
Under the direct supervision of an academic staff member(s) prepare and maintain laboratory teaching areas including routine setting up and dismantling of items of equipment for use in experimental, observational and teaching activities Assist in the demonstration of experiments and scientific equipment under the direct supervision of an academic staff member(s).
3.2.3 Under direction, prepare, maintain, organize, set-up and dismantle equipment and materials for routine experiments or student projects and dispose of waste materials. 3.2.4 Peer assistance and/or guidance may be provided for other assistants in a laboratory. 3.2.5 Under direction and within existing routines, methods and procedures, prepare, maintain and dispense stock solutions, simple chemical mixtures and compounds, cultures or similar materials.
4.2.3 Where there is complexity in the range and choice of action and discretion and judgement are required: prepare, maintain and dispense solutions, chemical mixtures, compounds and cultures; prepare, maintain, organise, setup and dismantle equipment and material for experiments.
Level 6 6.2.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree. 6.2.2 Operate (at a level consistent with the qualifications required) a laboratory. This may (or may not) include responsibility for the supervision, monitoring and training of staff in lower level positions. 6.2.3 Administer allocation monitoring resources in laboratory.
the and of the
6.2.4 Support employees reporting to the position in policies to be followed, methods to be used and standards to be observed. 6.2.5 Provide professional advice to staff and students in the officerâ€™s area of expertise.
Level 7 7.2.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree and post graduate qualifications and/or other professional development and/or industry experience. 7.2.2 Responsibility for the operation of a laboratory which provides complex and varied services. This may (or may not) include responsibility for the supervision, monitoring and training of professional staff and staff in lower level positions. 7.2.3 Manage the allocation and monitoring of resources in the laboratory. 7.2.4 Responsibility for direction and support of employees reporting to the position in
6.2.6 Formulate procedural policy and guidelines in the employeeâ€™s area of responsibility; submit recommendations for decision and prepare supporting statements as necessary.
policies to be followed, methods to be used and standards to be observed. 7.2.5 Provide subject matter expertise and/or policy advice across a range of programs or activities undertaken by the organizational area. Formulate policies and provide specialist advice on policy development to senior management.
Administration Employees Level 2 2.3.1 se keyboard skills to produce a document from written text using a standard format. 2.3.2 Receive and deal with enquiries within well established routines,, including the provision of general information and assistance to the public, parents, students and other employees. 2.3.3 Perform a range of general clerical duties at a basic level, for example, filing, handling mail, maintaining records.
3.3.1 Carry out a wide range of secretarial and clerical duties at an advanced level, including shorthand, typing, word processing and maintaining manual and computerized records. 3.3.2 Respond to enquiries from staff, students, parents and the general public and address issues in accordance with routines, methods and procedures. 3.3.3 Enter financial data into computer and prepare financial and management reports for review and authorization by senior management.
4.3.1 Provide administrative support to senior management of a school where discretion and judgment are required, including: taking minutes; shorthand; organizing appointments and diaries; initiating and handling correspondence (may include confidential correspondence); monitoring telephone calls; and establishing and/or maintaining working filing systems. 4.3.2 Within a variety of routines and procedures apply inventory and purchasing control procedures, prepare monthly summaries of debtors and creditors ledger transactions and reconcile these. 4.3.3 Apply knowledge of advanced functions of computer software packages and to manage data ie. modify fields of information, develop new databases or spreadsheet models; or graph previously prepared spreadsheets.
5.3.1 Provide executive support to senior management and associated committees concerning designated aspects of school management. 5.3.2 Direct and supervise the work of administrative/clerical and/or other staff. 5.3.3 Under broad guidance, supervise the operations of the school's office and other administrative activities, in the areas of enrolment, equipment and statistical staffing returns. 5.3.4 Under broad guidance, supervise the operations of the schoolâ€™s processes and activities in relation to overseas students. This may include: enrolment; family liaison; and placement.
6.3.1 Operate and be responsible for an autonomous section and all its operations. 6.3.2 Provide professional advice to staff and students in the officer's area of expertise. 6.3.3 Monitor and analyse regular management information, such as staffing and financial resource usage; ensure that associated information systems are maintained and that regular reports are provided to management.
7.3.1 Supervise staff including implementatio n and participation in induction, training, review, counselling and appraisal 7.3.2 Manage the work of administrative officers and other staff, assigning and outlining the work, advising on administrative problems, and revising work for accuracy and adequacy. 7.3.3 Identify policies and procedures requiring review or redevelopment, and define relevant issues.
Administration Employees cont.. 2.3.4 Operate within well 3.3.4 established routines, office equipment, such as, computer, 3.3.5 photocopier, facsimile, binding machine, guillotine, laminator, franking machine, calculators, switchboard, etc. 3.3.6 2.3.5 Under the direct supervision of the principal or nominee, contact parents, students and/or others in relation to school attendance and related matters. 2.3.6 Under the direct supervision of the 3.3.7 principal or nominee assist with the arrangement of group meetings, morning teas, meetings of parents and external parties, parent/teacher nights etc. 2.3.7 Carry out minor cash transactions including receipting, balancing and banking.
Prepare and process payroll transactions within routines, methods and procedures. Within routines, methods and procedures : provide administrative support to senior management; arrange appointments and diaries; and prepare correspondence. Within routines, methods and procedures, prepare and dispatch statements to debtors and payments to creditors, follow up on unpaid accounts; prepare bank reconciliations and reconcile accounts to balance; maintain wage and salary records. Maintain petty cash float and expenses for accounting purposes
4.3.4 From verbal or rough handwritten instructions; answer non-standard executive correspondence, prepare papers, briefing notes, or other written material. 4.3.5 Utilizing a variety of routines, methods and procedures, calculate and maintain wage and salary records; perform routine classification determinations; and process resignations, retirements and redundancies in accordance with relevant award entitlements. 4.3.6 Within a variety of routines, methods and procedures provide significant assistance in the preparation of: financial information to trial balance; budgets; cash flow records; balance sheets; trading accounts; cash management analysis; FBT and entity disclosure requirements. NOTE An employee is not required to perform all duties listed to satisfy this skill descriptor. 4.3.7 Train staff classified at lower levels by means of personal instruction and
5.3.5 Prepare the accounts of the school to operating statement stage and assist in the formulation of period and year-end entries. 5.3.6 Provide advice requiring knowledge of policies and / or the interpretation of rules or regulations within their area of operation. Assist in developing policy and procedures relating to their work area and identifying future trends. 5.3.7 Under broad guidance supervise the administration of specialized salary and payroll requirements, which may include: eligible termination payments, superannuation trust deed requirements, redundancy calculations or workersâ€™ compensation claims. 5.3.8 Prepare for senior management financial reports relating to the
6.3.4 Provide financial, policy, or planning advice which may include providing reports, statistical surveys and advice on regulations and procedures. 6.3.5 Monitor expenditure against a budget at a school level, draft financial forecasts / budgets at organizationa l level and / or prepare complex financial reports. 6.3.6 Administer programs with a range of tasks such as advice on financial implications, interpretation of information, assistance
7.3.4 Provide written reports to the school executive on complex matters, suggesting alternative courses of action and analyzing the implicatio ns of each alternative . 7.3.5 Provide financial, policy and planning advice and investigate , interpret or evaluate informatio n for the guidance of staff or clients. 7.3.6 Be substantiv ely involved in the constructi on of annual and
demonstration. 4.3.8 Within a variety of routines, methods and procedures provide significant assistance in the enrolment, family liaison and placement of overseas students.
employeeâ€™s area of responsibility.
and advice concerning complex issues. 6.3.7 Prepare corresponden ce which is complex, original and which initiates or responds to new cases or situations.
forward planning school budgets 7.3.7 Manage the operations of a discrete organizati onal area, program or administra tive function.
Administration Employees contâ€Ś 2.3.8 Monitor and maintain 3.3.8 stock levels of stationery/materials for office/department within 3.3.9 established parameters including reordering. 2.3.9 Within well established routines, sort, prepare 3.3.10 and record documents (e.g. invoices, cheques, correspondence) on a daily basis; file such documents in the 3.3.11 appropriate system. 2.3.10 Within well established routines, receive and distribute incoming mail collect outgoing mail, maintain mail 3.3.12 registers and records and collate and dispatch documents for bulk handling. 2.3.11 Perform, within well established routines, tasks associated with the mass production of 3.3.13 printed material including collating, stapling, binding, folding, cutting, etc.
Assist in the preparation of internal and external publications. Assist in the enrolment function including handling initial enquiries and arranging interviews. Under supervision, prepare Government and Statutory Authority returns for authorization by senior management. Use software application packages for personal computers to create database file structures; and spreadsheets/work sheets. Under direction and within routines, methods and procedures: draft agenda for meetings; assemble supporting documents for informal meetings; take and produce minutes. Draft and type routine correspondence from brief oral or written instructions. Respond to requests for information including drafting routine correspondence in reply.
5.3.9 Apply a knowledge of relevant industrial awards and agreements and occupational health and safety requirements. Provide general advice to staff in these areas. 5.3.10 Original writing of promotional and advertising material. 5.3.11 Coordination of, and participation in, marketing activities. 5.3.12 Design of promotional and marketing plans. 5.3.13 Responsibility for liaison with media.
6.3.8 Formulate procedural policy and guidelines in the employeeâ€™s area of responsibility; submit recommendations for decision and prepare supporting statements as necessary. 6.3.9 Direct and support employees reporting to the position in policies to be followed, methods to be used and standards to be observed. 6.3.10 Advise and assist in the preparation of the school budget. 6.3.11 Provide executive support to Principals and senior management. 6.3.12 Provide advice or make recommendations requiring detailed knowledge of policies, and/or the interpretation of rules or
7.3.8 Provide subject matter expertise and/or policy advice across a range of programs or activities undertaken by the organizational area, formulate policies and provide specialist advice on policy formulation to senior management. 7.3.9 Undertake high level research, review or investigations including the preparation of reports and associated papers to provide advice to the school on the operational and/or future directions of the employeeâ€™s section and to contribute to the
regulations within established guidelines, relating to a major function of the organizational work areas. 6.3.13 Supervise staff including participation in induction, training, review, counselling and appraisal and providing feedback on performance.
development of that section in the educational context of the school. 7.3.10 Prepare papers, investigate and present information with recommendatio ns for decision by senior officers.
3.3.14 Maintain established central filing / records systems in accordance with routines, methods and procedures. This would include: creating and indexing new files, retrieving records; distributing files within the school as requested, monitoring file locations and identifying and processing inactive and closed files. 3.3.15 Maintain a store through such duties as participation in ordering and issue of expendable stores, recording of stock levels, maintaining records of equipment distribution, delivery dockets, invoices and payment vouchers and responsibility for keys. 3.3.16 Make and record appointments on behalf of another and, where necessary, resolve involved appointment scheduling problems. 3.3.17 Make travel and accommodation bookings in line with a given itinerary. 3.3.18 Within routines, methods and procedures carry out liaison between the school, the student and the studentâ€™s family where some discretion and judgement are involved.
6.3.14 Develop systems and procedures for implementation in accordance with school policy. 6.3.15 Provide financial, policy and planning advice and investigate, interpret or evaluate information for the guidance of staff or clients. 6.3.16 Original writing of promotional and advertising material requiring significant discretion and judgement concerning content and design. 6.3.17 Management of, and participation in, marketing activities. 6.3.18 Design of promotional and marketing plans requiring initiative in the application of professional practices. 6.3.19 Responsibility for representing the school in the media.
Information Services and Resource Employees Level 2 Level 3 2.4.1 Process basic transactions such as 3.4.1 Search and verify issues and returns, produce overdue bibliographical data lists, entry of orders in a where some computerised system, perform stock discretion and takes, entering of accession judgement are information into computer. involved. 2.4.2 Operate and demonstrate the use of 3.4.2 Copy catalogue audio-visual equipment where there books, magazines, is limited complexity. journals and recorded material where some 2.4.3 Maintain a booking system for discretion and equipment use and for the judgement are organisation of repairs and involved. replacement of equipment. 2.4.4 Within well-established routines, 3.4.3 Maintain circulation systems where some methods and procedures, record discretion and audio/video programs and maintain a judgement are catalogue system of such recordings. involved. 2.4.5 Perform a range of general duties at a basic level, for example, minor book 3.4.4 Respond to enquiries from staff, students, repairs, photocopying and shelving. parents and the 2.4.6 Receive and deal with initial general public and requests for information from library address issues in clients. accordance with 2.4.7 Under the direct supervision of an routines, methods academic staff member(s), assist in and procedures. the demonstration of routine library 3.4.5 Assist in the operations and procedures. demonstration of 2.4.8 Under the direct supervision of an complex audio academic staff member(s), assist in visual or computer the supervision of students in the equipment under library. supervision of academic staff 2.4.9 Under direct supervision of a higher member(s) where level officer or members of the some discretion and academic staff prepare and clear judgement are away materials for display/use in involved. classrooms or libraries.)
Level 4 4.4.1 Responsibility for and/or training of subordinate staff in limited areas may be required 4.4.2 Within a variety of routines and procedures and with a depth of knowledge in some areas: demonstrate to staff and students the use of complex audio visual or computer equipment; or monitor performance of and carry out repairs to specialised equipment.
Level 5 5.4.1 Apply a range of technical and other skills involving the self-directed application of knowledge gained through formal studies/qualification s applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out the duties of the position. This may include: independent and original cataloguing and classification following precedents and standards; monitoring the performance of, and carrying out repairs to, specialised equipment; and developing the framework for and providing the instruction to students (within a structured learning environment)
Level 6 6.4.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree. 6.4.2 Operate (at a level consistent with the qualifications required) a library/resource centre. This may (or may not) include responsibility for the supervision, monitoring and training of staff in lower level positions. 6.4.3 Administer the allocation and monitoring of resources in the library/resource centre. 6.4.4 Support employees reporting to the position in policies to be followed, methods to be used and
Level 7 7.4.1 Apply a range of professional knowledge gained through successful completion of an appropriate undergraduate degree and post graduate qualifications and/or other professional development and/or industry experience. 7.4.2 Responsibility for the operation of a library/resource centre which provides complex and varied services. This may (or may not) include responsibility for the supervision, monitoring and training of professional staff and staff in lower level positions. 7.4.3 Manage allocation monitoring resources in library/resource centre.
the and of the
7.4.4 Responsibility for direction and support of employees reporting to the
under the general supervision of an academic staff member(s).
Computer/ICT Employees Level 2 2.5.1 keyboard skills to produce a document from written text using a standard format. 2.5.2 Operate within well established routines, office equipment, such as, computer, photocopier, facsimile, binding machine,
standards to be observed. 6.4.5 Provide professional advice to staff and students in the officerâ€™s area of expertise. 6.4.6 Formulate procedural policy and guidelines in the employeeâ€™s area of responsibility; submit recommendations for decision and prepare supporting statements as necessary.
position in policies to be followed, methods to be used and standards to be observed. 7.4.5 Provide subject matter expertise and/or policy advice across a range of programs or activities undertaken by the organizational area, formulate policies and provide specialist advice on policy formulation to senior management.
3.5.1 Use software application packages for personal computers to create database file structures; and spreadsheets/wo rk sheets.
4.5.1 Within a variety of routines, methods and procedures, maintain the hardware and software components of a computer network and provide user support.
5.5.1 Apply a range of technical and other skills involving the selfdirected application of knowledge gained through formal studies/qualifications applicable to this level or knowledge and experience that are determined by the employer as necessary to successfully carry out
6.5.1 Operate and be responsible for the computing section of the school and all its operations.
7.5.1 Operate and be responsible for the computing section which provides complex and varied services to the school community including being responsible for the supervision, monitoring and development of other staff reporting to the position.
4.5.2 Responsibility for and/or training of subordinate staff in
6.5.2 Perform non-routine professional tasks governed by procedures or guidelines. Within such constraints the employee is responsible for the independent performance of such functions. 6.5.3 Provide financial, policy and
guillotine, laminator, franking machine, calculators, switchboard, etc.
limited areas may be required.
the duties of the position. This may include: Assisting with systems analysis and design in relation to the development and maintenance of computer systems; and assisting with application programming (eg modification of package systems; and investigation of malfunctions in operational programs).
planning advice and investigate, interpret or evaluate information for the guidance of staff or management in computing. 6.5.4 Be responsible for the development of software, hardware or applications systems based on the use of current computer techniques.
7.5.2 Research and examine likely longterm requirements for computer systems, suggest alternative plans and strategies and report on their feasibility.
6.5.5 Be responsible for the development of computer systems, and recommend changes and improvements in systems where appropriate.
7.5.3 Consult with departmental computer users to understand and meet the needs of the department and resolve problems concerning systems.
6.5.6 Undertake maintenance programming tasks, including investigation and design requirements necessary to implement changes to existing systems.
7.5.4 Investigate and design the implementation of computer systems to meet specific needs of work areas.
6.5.7 Provide advice to the senior executive of the school on the operations/future directions of the section by utilising acquired knowledge and experience. Computer/ICT Employees contâ€Ś 6.5.8 Carry out a range of tasks necessary to support and develop systems software or other support processes
7.5.5 Carry out a range of complex and varied tasks requiring the selection and application of new and existing techniques and
methodologies necessary to support and develop systems software or other support processes. 7.5.6 Develop and present appropriate computer training courses.
Each level of the structure has varying pay steps which provide for yearly service increments within a level. Such increments are payable subject to satisfactory performance but will not be unreasonably withheld by the employer without due process.
For the purposes of establishing the entitlement of an employee to a yearly pay increment a year's service shall constitute 1976 hours of duty.
Progression from one level to a higher level is either by appointment to such higher level as a result of vacancy at that level or the employer requiring an employee to perform at a higher level in accordance with the classification criteria set out in clause 6.4.
An employee may be appointed to a higher level without having progressed through all paypoints within a lower level.
Payment of salaries
Except where otherwise mutually agreed to between the employer and the majority of employees, payment of salaries shall be made fortnightly.
Payments may be made by cash, cheque or direct transfer into the employee's bank account as determined by the employer.
First Aid Officer Allowance 9.1.1
School Officers who hold a QAS first aid qualification (or equivalent) and are appointed by the College as a first aid officer will be paid an allowance at the rate of $14.20 per week (pro rata for part time).
Special Project Allowance
9.2.1 This clause will apply where the following criteria are met: a) The employer requires a school officer to undertake responsibilities, or to exercise skills, at a level higher than the employeeâ€™s classified position for the purposes of undertaking a designated special project and such responsibilities or skills are not of such a substantive nature as to affect the classification of the employeeâ€™s position; and b) The special project will only be for a fixed period of time, being at least one week, and will not be on-going or indefinite in nature. 9.2.2 Where a school officer undertakes a special project, that employee will be paid an allowance of $35 per week for the duration of the designated project. 9.3
Specialised Care Allowance
9.3.1 A school officer who is designated by their employer to engage in, or assist particular students with, ongoing specialised care needs (for example, medical, manual handling and / or hygiene procedures) will receive a Specialised Care Allowance of $14.20 per week. 9.3.2 A school officer receiving this allowance must be undertaking specialised care duties on a regular basis as directed by the College and confirmed in their position description.
9.3.3 A school officer may receive either the First Aid Allowance or the Specialised Care Allowance but not more than one of these allowances. 10
Hours of work
The ordinary hours of work for an employee shall not exceed 38 hours per week.
Such ordinary hours of work shall be worked continuously (except for meal breaks) between 7.00 a.m. and 6.00 p.m. on Mondays to Fridays inclusive.
The normal starting and finishing times of ordinary hours shall be established at the point of engagement and may only be varied by the employer with 2 weeks' notice, or shorter period by mutual agreement.
Except as provided in clause 11.2, all time worked at the express direction of the employer outside of the hours prescribed in clause 10.2 and the normal starting and finishing times shall be paid for at the rate of time and onehalf for the first 3 hours and double time thereafter except on a Sunday, when the rate will be double time.
Time in lieu
11.2.1 Where the employer expressly directs requires an employee to work either before the normal starting times or after the normal finishing times contained in clause 10.2 up to a maximum of 2 hours on any one day the employee may be granted time in lieu for the equivalent hours worked to be taken at a mutually convenient time or receive payment at the rate of time and one half for the time worked. 11.2.2 Where the employer expressly directs an employee to work more than 2 hours before the normal starting times or more than 2 hours beyond the normal finishing times on any one day, the employee may receive payment at the rate of time and a half for the first hour and double time thereafter for time worked beyond the first 2 hours or receive payment in accordance with clause 11.1 for the full period so worked. 11.2.3 Any accrued time in lieu not taken within 6 months of its accrual shall be paid at the rate of time and one-half. 12
Full-time employees shall receive a paid rest pause of 10 minutes' duration in the first half and the second half of each day worked.
Employees other than full-time who work a minimum of 4 consecutive ordinary hours but no more than 6 consecutive ordinary hours on any one day shall receive a rest pause of 10 minutes' duration. Employees who work in excess of 6 consecutive ordinary hours (excluding the meal break) on any one day shall receive a rest pause of 10 minutes' duration in the first half and the second half of the period worked.
Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is necessary.
Notwithstanding the foregoing, where the employer and the employees agree the rest pauses may be combined.
An employee shall be entitled to an unpaid meal break of not less than half an hour and not more than one hour per working day. 14
An employee (other than a casual employee) who would ordinarily be required to work on a day on which a public holiday falls is entitled to full pay for the time the employee would ordinarily have been required to perform work on that day.
Work that is expressly directed by the employer to be undertaken by an employee on: the 1st January;
the 26th January; Good Friday; Easter Saturday (the day after Good Friday); Easter Monday; the 25th April (Anzac Day); The Birthday of the Sovereign; Christmas Day; Boxing Day; or any day appointed under the Holidays Act 1983, to be kept in place of any such holiday
will be paid for at the rate of double time and a-half with a minimum of 4 hours. 14.3
Double time and a-half
For the purposes of clause 14, where the rate of wages is a weekly rate, double time and a-half means one and one-half days wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. 14.4
14.4.1 Moreover, work that is expressly directed by the employer to be undertaken by an employee in a district specified from time to time by the Minister by notification published in the Queensland Government Industrial Gazette on the day appointed under the Holidays Act 1983, to be kept a holiday in relation to the annual agricultural, horticultural or industrial show held at the principal city or town, as specified in such notification, of such district shall be paid for at the date of double time and a-half with a minimum of 4 hours. 14.4.2 In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes. 14.5
Notwithstanding any other provision of clause 14, when an employee is expressly directed to work on a public holiday such employee shall be paid at the rate prescribed by clause 14 for the particular holiday or by agreement between the employee and the employer may be paid at the ordinary rate and given a day off in lieu thereof within 28 days of the holiday occurring: Provided that if an employee subsequently works on the day in lieu of the deferred public holiday, such employee shall be paid in accordance with the other provisions of clause 14.2.
SCHEDULE 10 - GREENKEEPER EMPLOYMENT ARRANGEMENTS 1
This Schedule shall apply to greenkeepers and to all other employees associated with the preparation and/or maintenance of playing fields and their environs. 2
An employee who is required to perform work on any day for which a higher rate of pay as prescribed by the Wages Schedule shall be paid as follows:
2.1.1 If more than 4 hours on any day the higher rate for the whole of such day. 2.1.2 If 4 hours or less then payment of the higher rate for 4 hours. 3
Is an employee who is engaged to assist in a range of general duties applicable to the maintenance and development of turf areas and surrounds. An employee will remain at this level for a maximum of 6 months. Duties: An employee at this level: -
Performs routine duties essentially of a manual nature and to the level of their training. Works under direct supervision. Exercises minimal judgement.
Indicative tasks and/or qualifications: 3.2
Assists in the general maintenance and development of turf areas and surrounds. Labouring and operation of some machinery.
Is an employee who has completed structures training so as to enable the employee to perform work within the scope of this level. An employee at this level performs work above and beyond the skills of a Greenkeeping Employee â€“ Level 1 and to the level of their training. Duties: -
Works under direct supervision either individually or in a team environment. Understands and undertakes basic quality control/assurance procedures. Understands and utilises basic statistical process control procedures.
Indicative tasks and/or qualifications: -
Operates and/or maintains machinery. At a Golf Club â€“ mark hazards, operates motorised bunker rake/slashers, etc. At a Sports Club â€“ set out and mark fields for play. Planting and maintaining tress and gardens. Maintains simple records. Assists in the maintenance of playing surfaces, including setting up of greens, top dressing, fertilising under supervision, seeding, turfing, coring and sprigging.
Is an employee who is engaged to assist and carry out, with or without direction, duties pertaining to the maintenance and development of turf areas and surrounds, and performs work above and beyond the skills of a Greenkeeping Employee â€“ Level 2 and to the level of their training. Duties: -
Is responsible for the quality of their own work subject to routine supervision. Works under routine supervision either individually or in a team environment. Exercises discretion within their level of skills and training.
Indicative tasks and/or qualifications: 3.4
Assists in the training and/or supervision of employees at Levels 1 and 2. Major non-trade maintenance of equipment. Assists in chemical and other spraying, where required to hold an appropriate licence. Completes basic records. Assists in the construction and installation of facilities and systems. Operates a specialised range of machinery e.g. greens, mowers, fairway units.
Is an employee who has satisfactorily attained the appropriate level of training at trade or equivalent level. Duties: -
Understands and applies quality control techniques. Exercises good interpersonal and communication skills. Performs work without supervision either individually, or in a team environment. Performs non-trade work incidental to their work.
Indicative tasks and/or qualifications: 3.5
Operates and/or maintains a wide range of turf machinery and equipment. Training and supervision of employees at Levels 1,2 and 3, and including apprentices. Construction of surfaces, gardens. Installation and maintenance of irrigation and drainage systems. Control and maintenance of stores and facilities. Stock control, record keeping. Plans the work programme in consultation with management. Trades maintenance of equipment.
Is an employee who has satisfactorily attained the appropriate level of training at the trade or equivalent level and who carries out and/or manages greenkeeping aspects pertaining to the general maintenance and development of turf areas and surrounds. Duties: -
Understands and applies quality control techniques. Exercises good interpersonal and communications skills. Capable of performing work without supervision, either individually or in a team environment.
Indicative tasks and/or qualifications: 4
Supervision and training of subordinate staff, including tradespersons. Presentation of written and/or verbal reports, general liaison with management. Activities requiring application of specialist skills.
Penalty Rates and Allowances
All ordinary time expressly directed to be worked on Sunday shall be paid at double time. 4.2
Work in the rain
When an employee is required to work in the rain and by so doing gets their clothes wet, such employees shall be paid double rates for all work performed. Such payment shall continue until such time as the employee finishes or is able to change into dry clothing. This clause does not apply where the employee has been supplied with adequate rainproof clothing as prescribed in clause 5 of this schedule. 4.3
Distributing fertilizer or spraying
Employees who are required to distribute fertiliser or who are engaged upon spraying shall, upon request, be supplied with gloves, overalls, goggles and a double respirator at the employer’s expense or, by mutual agreement, be paid an allowance of $1.60 per week in lieu thereof. 5
For the purposes of clause 4.2 of this schedule, Work in the rain, adequate rainproof clothing shall mean oilskins, gum boots and sou-wester.
Employees who are required to distribute fertiliser or who are engaged upon spraying shall, upon request, be supplied with gloves, overalls, goggles and a double respirator at the employer’s expense or, by mutual agreement, be paid the allowance prescribed in clause 4.
Upon request, all employees shall be supplied with one pair of gum boots free of cost.
Employees required to drive tractors or operate other machinery producing similar levels of noise shall, upon request, be supplied, at the employer’s expense, with ear muffs or other suitable protective gear mutually agreed upon.
Where a special type of footwear is require, an employee shall, after 3 months’ service with their employer, be provided with such footwear. Such employees shall be entitled to the issue of no less than 2 pairs of footwear per year, other than sandshoes, and such footwear shall remain the property of the employer.
SCHEDULE 11 - OUTSIDE SCHOOL HOURS CARE AND VACATION CARE EMPLOYMENT ARRANGEMENTS 1
This Schedule shall apply to outside school hours care and vacation care employees. 2
Assistant Director means an employee appointed as such who is approved in terms of the relevant legislation to have charge of the Centre in the absence of the Director.
Broken Shift means a shift of work performed by employees in the Outside School Hours Care Program which is broken into not more than 2 periods (excluding rest pauses and meal breaks), where the unpaid break in between such periods is greater than one hour.
Child Care Legislation means the Child Care Act 2002 and the Child Care Regulation 2003 as amended from time to time and any predecessor legislation where relevant or consequential amendments.
Children's Services Worker means an employee who is engaged in the provision of child care within a Centre and/or who is engaged in functions in or in connection with the general operation of the Centre including but not limited to all aspects of food preparation and service, cleaning and maintenance of all areas of the Centre (internal and external) to the standards required by the employer.
Centre Based Care means care for children in a centre as defined in the Child Care Legislation.
Outside School Hours Care and Vacation Care
2.6.1 Assistant Children's Services Worker - Unqualified means an employee who is unqualified and is employed to assist at an Outside School Hours Care and Vacation Care Service. 2.6.2 An Assistant must be supervised by a Co-ordinator. 2.6.3 Duties would include, but not be limited to, some or all of the following: a) b) c) d) e) f) g) 2.7
supervise children's activities; ensure the health and safety of the children in care; take a genuine interest in the children, their activities and participate in these as much as possible; supervise sports activities; routine communication with parents to the level of the employee's competence; assist in developing and implementing programs/activities; understand and work according to the Centre's policies.
Children's Services Worker - 1 Year Qualified
2.7.1 Children's Services Worker - 1 Year Qualified means an employee who has completed an AQF Certificate 3 or 4 in Children's Services. 2.7.2 This classification will also include a cook who prepares at least one full meal per day for each of a substantial proportion of children present at the Centre. 2.7.3 Duties would include, but not be limited to, some or all of the following: a) any of the duties of an Assistant Children's Services Worker - Unqualified; b) co-ordinate and direct activities of unqualified workers engaged in the implementation of programs and activities in group settings; c) liaise with parents; d) ensure a safe environment is provided for the children; e) ensure that records are maintained and are up-to-date concerning each child in their care; f) assist in the development, implementation and evaluation of daily routines; g) be responsible to the Director for the assessment of students on placement;
h) ensure the Centre or Service's policies are adhered to. i) assist the Director in the assessment of students on placement to the level of their competency; (j) under direction, work with individual children with particular needs; (k) undertake and implement the requirements of quality assurance; (l) administer first aid to the level of their competency when appropriate. 2.8
Assistant Co-ordinator - Qualified - Large Service
2.8.1 Assistant Co-ordinator - Qualified - Large Service means an employee who is required to assist a Co-ordinator of After School Hours Care as prescribed by the Child Care Legislation to manage a licensed Outside School Hours Care service licensed to accommodate 60 or more children at any time of the day. 2.8.2 Their duties include, but are not limited to, some or all of the following: a) all of the duties of an Assistant Children's Services Worker - I Year Qualified; b) in consultation with the Coordinator prepare, implement and evaluate developmentally appropriate programmes for individual children or groups of children in care; c) supervise staff and ensure staff members fulfill their various duties and responsibilities; d) ensure a safe environment is maintained for both children and staff; e) ensure records are maintained accurately for each child in care; f) ensure a service's policies and procedures are adhered to; g) liaise as need be with members of a child's family; h) administer first aid to the level of their competency when appropriate. 2.9
Co-ordinator - Unqualified
2.9.1 Co-ordinator - Unqualified means an employee who co-ordinates and manages an After School Hours Care and/or Vacation Care Service for children and has no relevant post secondary qualification. 2.9.2 The duties would include, but not be limited to, some or all of the following: a) develop and/or oversee programs and ensure they offer a balance of flexibility, variety, safety and fun; b) supervise the programs/activities, staff and ensure each staff member is fulfilling their relevant duties and responsibilities; c) carry out administration tasks including fee collection and receipting, banking, staff pay, etc; d) administer first aid when appropriate to the level of their competency; e) to work positively in working with parents and/or Committees; f) understanding and working in accordance with the Service's policies. 2.10
Co-ordinator - Qualified means an employee who has completed a AQF Diploma in Children's Services. The duties would include those listed under Co-ordinator - Unqualified.
Outside School Hours Care means care of children provided in schools, supervised playgrounds and other establishments, but not including child care centres as defined in the Child Care Legislation, outside normal school hours.
Teacher means an employee who meets the following criteria: a) that the employee holds a 3 or 4 year qualification in early childhood studies as approved under the Child Care Legislation; and b) that the employee be registered with the Board of Teacher Registration; and c) that the employee be required to deliver an educational program.
Vacation Care means care of children provided in schools, supervised playgrounds and other establishments, but not including child care centres, as defined in the Child Care Legislation, during school vacations.
Contract of Employment
3.1.1 Employees covered by this Agreement shall be advised in writing of their employment category upon appointment. 3.1.2 Employment categories are: a) full-time; b) part-time (as prescribed in clause 3.5); or c) casual (as prescribed in clause 3.6). 3.2
3.2.1 Where an employee is approved in accordance with the relevant legislation to perform a higher duty, and when approved and called upon by the employer to perform that higher duty for 4 hours or longer per day, such employee will be paid the rate of pay attaching to the higher duty for the actual time worked. 3.2.2 Provided that clause 3.2 will not apply to Assistant Directors who are acting as the Director of a Child Care Centre: a) whilst the Director is temporarily absent; or b) in cases where there is no Director employed, for a maximum period of 6 weeks. 3.3
Employee duties - Extended duties
3.3.1 An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement, provided that such duties are not designed to promote deskilling. 3.3.2 An employer may direct an employee to carry out such duties and use such resources and equipment as may be required, provided that the employee has been trained in the use of such resources and equipment. 3.3.3 Any direction issued by an employer pursuant to clauses 3.3.1 and 3.3.2 will be consistent with the employer's responsibilities to provide a safe and healthy working environment. 3.4
A full-time employee is one who is engaged by the week in accordance with the provisions of this Agreement. 3.5
3.5.1 A part-time employee is a weekly hired employee who is engaged to work a constant number of hours per week which is less than 38 hours per week on not more than 5 days of the week within the ordinary hours prescribed in clause 5.1. Except as hereinafter provided, all conditions provided for permanent full-time employees shall apply to part-time employees on a pro rata basis. 3.5.2 Part-time employees may be employed with a minimum single period of daily attendance of 2 hours. 3.5.3 The ordinary hours of work for a part-time employee may be altered by mutual agreement recorded in writing. In such cases part-time employees may work up to 10 hours per day, without the payment of overtime. The additional hours so worked will be taken into account in the pro rata calculation of entitlements. 3.5.4 Except in the case of clause 3.5.3, a part-time employee who works in excess of the ordinary daily or weekly hours prescribed in the contract of employment will be paid overtime in accordance with clause 5.4. 3.5.5 Part-time employees will be paid an hourly rate equal to 1/38th of the weekly rate prescribed by this Agreement for the classification under which they are engaged. 3.6
3.6.1 A casual employee is an employee engaged and paid as such but will not include: a) an employee working 38 ordinary hours per week; or
b) an employee who is engaged to work a regular, predetermined number of ordinary hours, in excess of 33 hours each week; or c) an employee defined as a part-time employee in accordance with clause 3.5 (Part-time employment): Provided that: i) For the purposes of relieving other employees on approved leave or rostered days off, a casual employee may work the ordinary rostered hours of the employee on such leave. ii) For the purposes of performing duties of a temporary nature including, but not limited to vacation care, a casual employee may work up to 38 hours per week. 3.6.2 The rate of payment to casual employees will be 1/38th of the appropriate weekly wage for the class of work they are engaged upon plus a 23% loading. Notwithstanding the above, the parties acknowledge the intention of the College to increase the casual loading during the life of this Agreement subject to the wages parity commitments contained in clause 4.1 of this Agreement. 3.6.3 A casual employee will be engaged for a minimum period of 2 hours' work or receive a minimum payment for 2 hours per engagement. 3.6.4 The employment of a casual employee may be terminated by one hour's notice by either side or payment or forfeiture of one hour's pay as the case may be. 3.7
More than one engagement - OSHC and Vacation Care
3.7.1 Clause 3.7 applies only to employers who operate facilities to specifically provide Outside School Hours Care and/or Vacation Care, and to employees who are specifically engaged under their contract of employment to provide Outside School Hours Care and/or Vacation Care, and this is the primary purpose of their engagement. 3.7.2 A part-time employee may be engaged on a casual basis for duties in a separate engagement under this Agreement provided that such engagement satisfies the following criteria: a) this arrangement is subject to mutual agreement between the employee and employer. Such agreement is to be recorded in writing and maintained with relevant time and wages records; b) an employee who elects to take a casual engagement is to be required to work no more than 38 hours in any one week; c) the work required to be performed in the separate engagement may be consistent with the usual job description of the employee concerned; d) the work required to be performed in the separate engagement does not interfere with the employee's original contract of employment; e) the work required to be performed in the separate engagement is not designed to avoid overtime obligations; f) the separate engagement enables the employee to obtain additional hours and/or remuneration; and g) employment on a casual basis performed during the separate engagement does not break the continuity of service of an employee. 3.7.3 Where the casual engagement requires an employee to travel a distance in excess of that travelled to the usual workplace the employee must be: a) paid for such excess time as for other work; and b) either paid the amount prescribed in clause 4.3 or be provided with transport by the employer to the workplace. 4
Classifications, wage rates and allowances
4.1.1 Annual Salary Increments Employees will be entitled to annual salary increments as specified in clause 4.1.1, being subject to increments for parttime and casual employees in accordance with clause 4.5.6 for their appropriate classification. All employees will receive increments in salary according to the scale of salaries under this Agreement up to the maximum rate, subject to satisfactory conduct, diligence and efficiency. 4.1.2 Accumulation Toward Increments (other than Teachers) For the purpose of the introduction of the incremental salary scale years of service will begin to accumulate from 1 September 1991. 4.1.3 Continuous Service For the purpose of determining the incremental level within a classification, total continuous service within the child care industry as defined in the Child Care Legislation or in a kindergarten or other child care centre as defined in the Child Care Legislation within Australia, will be counted effective from 1 September 1991. Employees moving from one classification level up to another will commence on the first year of service rate of that higher classification. 4.1.4 Credit for Previous Experience a) An employee who has been away from the Child Care Industry for 3 years or less will return at the same level of experience at which the employee was at when leaving the industry. For any absence of 3 years or part thereof over and above the period of 3 years referred to in clause 4.1.5, one year will be deducted from the actual years of experience fulfilled. b) A teacher on a second or subsequent engagement will be given full credit for previous experience in any educational institution, creche or child care centre for which the required qualification is a Kindergarten Teacher's Diploma or the equivalent (within Australia). c) Following termination of employment for any reason an employer will, upon demand, supply to a former employee a certificate of service, in writing, which certificate will amongst other things, specify the period of service of such employee and the classification level at which such employee was employed from time to time. 4.2
Broken shift allowance
Employees, other than casual employees, required to report to work twice per day will be paid the following extra rate: Broken Shift Allowance Per Day 4.3
Payment of wages
4.3.1 Wages will be paid either weekly or fortnightly in the employer's time and any employee who is not paid within 15 minutes from the time specified will be deemed to be working during the time such employee is kept waiting: Provided that clause 4.5.1 will not apply under circumstances beyond the control of the employer. 4.3.2 Wages will be paid by electronic funds transfer into the employee's nominated account where this is mutually agreeable between the employer and the majority of the employees. 5
Hours of Work
Outside School Hours Care
5.1.1 The ordinary working hours will not exceed 38 hours in any one week and will be worked Monday to Friday inclusive.
5.1.2 An employee other than a full-time employee will be engaged for a minimum period of 2 hours per day. Provided that the 2 hours may be broken into 2 periods of not less than 1 hour. 5.1.3 Such ordinary working hours will be worked between the hours of 6.00 a.m. and 7.00 p.m. for which the Broken Shift Allowance specified in clause 4.2 will be paid if employees report for work twice per day. 5.1.4 Where co-ordinators are required wholly or mainly to supervise children during the operative hours of the program and are required to perform administrative duties in relation to the Outside School Hours Care program, they will be employed for additional time to perform these duties. This additional time will be the equivalent of not less than 15 minutes per hour, for each hour of contact time with the children. 5.1.5 Where employees are required to prepare equipment and facilities for the Outside School Hours Care program, they will be allowed adequate paid time to perform these duties. 5.2
5.2.1 The ordinary working hours will be worked continuously excluding meal breaks and will not exceed 38 hours in any one week: Provided that where there is agreement between the employer and the employee the ordinary working hours will not exceed 10 in any one day. 5.2.2 Such ordinary working hours will be worked between 6.00 a.m. and 7.00 p.m. Monday to Friday, inclusive. 5.2.3 Where employees are required to prepare equipment and facilities, or perform administrative duties for the Vacation Care program they will be allowed adequate paid time to perform these duties. 5.3
Where the employer prescribes the ordinary working hours for employees by way of a roster, 12 hours' notice of any change of roster will be provided to the employees: Provided however, that in the cases of sickness, unplanned absenteeism or where the employer and the employees concerned mutually agree, the roster may be changed with less than 12 hours' notice. 5.4
5.4.1 Except as hereinafter provided, all time expressly directed by the employer to be worked outside or in excess of the ordinary hours of work prescribed by this Agreement, or outside of an employee's usual commencing and ceasing times, will be deemed to be overtime and will be paid for at the rate of time and a half for the first 3 hours and double time thereafter. 5.4.2 All overtime expressly directed by the employer to be worked on a Sunday will be paid for at the rate of double time, and all overtime worked on a Saturday or Sunday will be paid for with a minimum payment as for 2 hours' work. 5.4.3 An employee recalled from home to work overtime, after having left the premises of the employer, will be paid a minimum of 2 hours at overtime rates. 5.4.4 In the computation of overtime payments, any part of a quarter of an hour worked on any one day will count as a full quarter-hour worked. 5.4.5 A maximum of 4 hours per day calculated in accordance with clause 5.4.7 above and 12 hours per week may be taken as time off in lieu. 5.5
5.5.1 Except as hereinafter provided when an employee is employed for at least 6 hours, such employee will be allowed not less than 30 minutes and not more than one hour for a meal not later than 5 hours after commencing work:
Provided that in lieu of the foregoing, by mutual agreement between an employee and the employer an employee may be allowed a paid crib break of one-half hour, such period to be counted as time worked where the employee may be required to supervise children. 5.5.2 If an employee is required to work through the meal period, other than as prescribed in the proviso to clause 5.5.1, the time worked will be deemed to be overtime and paid for at the rate of double time and such double time payment will continue until such time as the employee finishes work or is allowed a half-hour meal break for which no deduction of pay will be made. 5.5.2 Any employee who is required to continue working for more than 2 hours beyond the ordinary ceasing time will be provided with an adequate meal by the employer or paid an amount of $9.60 in lieu thereof: Provided that where an employee has provided their own meal because of receipt of notice to work overtime and such overtime is not worked, they will be paid $9.60 for any meal so provided. 5.6
5.6.1 Weekly employees Weekly employees will receive a rest pause of 10 minutes' duration in the first half and the second half of each day worked. 5.6.2 Casual employees Casual employees who work a minimum of 4 consecutive ordinary hours but less than 7.6 consecutive ordinary hours, will receive a rest pause of 10' minutes duration. Employees who work a minimum of 7.6 consecutive ordinary hours will receive a rest pause of 10 minutes' duration in the first half and the second half of the period worked. 5.6.3 Rest pauses will be taken in the employer's time. 5.6.4 Rest pauses will be taken at times to suit the employer and where the employees agree the rest pauses may be combined so that the employee has one rest pause of 20 minutes' duration each day. 5.7
Start and finish times
Employers and employees will strictly adhere to start and finish times. 5.8
Payment for meetings
5.8.1 In each calendar month, where an employee is expected by the employer to attend a meeting or meetings, outside of the employee's ordinary paid working hours and/or usual commencing or ceasing time, such attendance shall be paid for at a minimum rate of: a) b) c) d)
single time for the first 11/2 hours; time and a half for all time in excess of 11/2 hours and up to and including 3 hours; double time for all time in excess of 3 hours; or the actual remuneration being paid for such attendance by the employer prior to 27 June 2006, whichever is the greater.
5.8.2 In clause 5.8, meeting includes, but is not limited to, staff meetings, meetings to discuss accreditation requirements, meetings with parents and meetings where training is delivered. 5.9
5.9.1 Work that is expressly directed by the employer to be undertaken by an employee on: - the 1st January; - the 26th January; - Good Friday; - Easter Saturday (the day after Good Friday); - Easter Monday; - the 25th April (Anzac Day);
The Birthday of the Sovereign; Christmas Day; Boxing Day; or any day appointed under the Holidays Act 1983, to be kept in place of any such holiday
will be paid for at the rate of double time and a-half with a minimum of 4 hours. 5.9.2 Labour Day All employees covered by this Agreement will be entitled to be paid a full day's wage for Labour Day (the first Monday in May or other day appointed under the Holidays Act 1983, to be kept in place of that holiday) irrespective of the fact that no work may be performed on such day and if any employee concerned is expressly directed to work on Labour Day, such employee will be paid a full day's wage for that day and in addition a payment for the time actually worked at one and a-half times the ordinary rate prescribed for such work with a minimum of 4 hours. 5.9.3 Annual show a) Subject to the provisions of clause 5.9.7, all work that is expressly directed by the employer to be undertaken by an employee in a district specified from time to time by the Minister by notification published in the Industrial Gazette on the day appointed under The Holidays Act 1983, to be kept as a holiday in relation to the annual agricultural, horticultural or industrial show held at the principal city or town, as specified in such notification, of such district will be paid for at the rate of double time and a-half with a minimum of 4 hours: b) In a district in which a holiday is not appointed for an annual agricultural, horticultural or industrial show, the employee and employer must agree on an ordinary working day that is to be treated as a show holiday for all purposes: c) Provided that all time worked on any of the aforesaid holidays outside the ordinary starting and ceasing times prescribed by this Agreement for the day of the week on which such holiday falls will be paid for at double the rate prescribed by this Agreement for such time when worked outside the ordinary starting and ceasing times on an ordinary working day. 5.9.4 Double time and a-half For the purposes of clause 5.9, where the rate of wages is a weekly rate, double time and a-half will mean one and ahalf days wages in addition to the prescribed weekly rate, or pro rata if there is more or less than a day. 5.9.5 Part-time employees A part-time employee who usually works on a day of the week on which a public holiday falls and is not required to work on that day, will be paid for the hours which would normally have been worked on that day. 5.9.6 Substitution Notwithstanding the provisions of clause 5.9, the employer and the majority of employees involved may agree to substitute the public holidays usually observed as the local show day in clause 5.9.3 with another ordinary day and all work performed on the gazetted public holiday will be at ordinary rates and work performed on the substituted day will be deemed to be work performed on the public holiday and paid in accordance with clause 5.9.3. 5.9.7 Stand down Any employee, with 2 weeks or more of continuous service, whose employment has been terminated by the employer or who has been stood down by the employer during the month of December, and who is re-employed in January of the following year, will be entitled to payment at the ordinary rate payable to that employee when they were dismissed or stood down, for any one or more of the following holidays, namely, Christmas Day, Boxing Day and the 1st January (New Year's Day).
First aid kit
A first-aid cabinet will be available for employees in cases of accidents. Such first-aid cabinet will be kept and maintained in accordance with the provisions of the Workplace Health and Safety Act 1995, relating to such first-aid cabinets. 7
Where employees are required to wear uniforms and/or aprons, such uniforms and/or aprons will be supplied, maintained and laundered at the employer's expense and will remain the property of the employer: Provided that where, by mutual agreement, an employee launders such items of clothing, the employee will be paid an allowance of $2.00 per week on that account or 40Â˘ per day for part-time or casual employees.
SCHEDULE 12 - KINDERGARTEN TEACHER EMPLOYMENT ARRANGEMENTS 1
all other teachers means an employee who does not have the qualifications of a three year, four year or five year trained teacher
director means the employee appointed by the employer to be responsible for the overall management and administration of a service in which an early childhood/preschool teacher is employed
five year trained teacher means a teacher who has completed a degree in education or early childhood education that requires four years of full-time study at an Australian university and in addition has completed a postgraduate degree at an Australian university requiring at least one year of full-time study, or the equivalent as determined by the National Office of Overseas Skills Recognition, or the relevant Educational Services (Teachers) Award 2010 MA000077 5 State or Territory teacher registration authority, or in the case of early childhood teachers the relevant licensing and accreditation authority
four year trained teacher means a teacher who has completed a degree in education or early childhood education that requires four years of full-time study at an Australian university or the equivalent as determined by the National Office of Overseas Skills Recognition, or the relevant State or Territory teacher registration authority, or in the case of early childhood teachers the relevant licensing and accreditation authority
teacher means a person employed as such by a school, children’s service or early childhood education service and who performs duties which include delivering an educational program, assessing student participation in an education program, administering an education program and performing other duties incidental to the delivery of the education program. So as to remove any doubt, teacher includes a teacher in a senior leadership position, but not a principal or deputy principal.
three year trained teacher means a teacher who has completed a degree in education or early childhood education that requires three years of full-time study at an Australian university or the equivalent as determined by the National Office of Overseas Skills Recognition, or the relevant State or Territory teacher registration authority, or in the case of early childhood teachers the relevant licensing and accreditation authority
Types of employment
Terms of engagement (a) On appointment, the employer will provide the employee (other than a casual employee) with a letter of appointment stating the classification and rate of salary applicable on commencement, the employee’s face-toface teaching load and details of their extra curricular commitment. (b) In the case of a part-time employee, the letter of appointment will include the employee’s teaching load expressed as a percentage of a full-time load in the school and that their extra curricular commitment will generally be, on balance, in the same proportion to their teaching load as that of a full-time teacher. (c) Where the employer engages the employee on a fixed term basis, the letter of appointment will inform the employee of the reason the employment is fixed term, the date of commencement and the period of the employment.
Full-time employment A full-time employee is an employee engaged to work an average of 38 ordinary hours per week.
Part-time employment (a) A part-time employee is an employee who is engaged to work on a regular basis for less than, but not more than 90% of, the hours of a full-time employee in the school, children’s service or early childhood education service. If the hours of a part-time employee rise above 90%, the employee will be considered to be full-time. (b) A part-time employee is entitled to the benefits under this Schedule on a pro rata basis. The pro rata basis will be calculated by dividing the number of face-to-face teaching hours prescribed for the part-time employee
from time to time by the usual number of face-to-face teaching hours prescribed for a full-time employee in the school, children’s service or early childhood education service. (c) An employee (full-time or part-time) who requests to work above 90% of full-time hours, but less than fulltime, will not be considered to be full-time and will be remunerated for the actual hours worked. (d) An employer cannot vary a part-time employee’s teaching load or days of attendance unless: (i) the employee consents; or (ii) where such a variation is required as a result of a change in funding, enrolment or curriculum, the employer provides seven weeks’ notice in writing in the case of a school teacher or four weeks’ notice in the case of an early childhood teacher, or where the change would result in a reduction in salary, the salary of the teacher is maintained for a period of seven weeks in the case of a school teacher or four weeks in the case of an early childhood teacher. 2.4
Casual employment (a) Casual employment means employment on a day-to-day basis for a period of not more than four consecutive weeks, or four consecutive term weeks in the case of a teacher in a school or preschool. (b) A casual engagement may be extended by agreement between the teacher and the employer provided the total period of the engagement does not exceed one school term in the case of teachers in a school or preschool or a total of 10 weeks in any other case. (c) The salary payable to a casual employee will be: (i) no higher than the salary at Level 8 in clause 14.1 where the employee is engaged for less than five consecutive days; or (ii) where the employee is engaged for five or more consecutive days the salary will be the appropriate salary for the classification as specified in this schedule , Full day
Weekly rate calculated in accordance with clause 14.3 divided by 5 plus 23%
Weekly rate calculated in accordance with clause 14.3 divided by 20 plus 23%
Notwithstanding the above, the parties acknowledge the intention of the College to increase the casual loading during the life of this Agreement subject to the wages parity commitments contained in clause 4.1 and 4.2 of this Agreement. 2.5
Fixed term employment An employee may be employed for a fixed period of time for a period of at least four weeks but no more than 12 months on either a full-time or part-time basis to: (a) undertake a specified project for which funding has been made available; (b) undertake a specified task which has a limited period of operation; or (c) replace an employee who is on leave, performing other duties temporarily or whose employment has terminated after the commencement of the school year. Provided that where the replacement arrangement extends beyond 12 months, the fixed term employment may be extended for up to a further 12 months.
Kindergarten Teacher Classification
Recognition of previous service (a) On appointment, an employee will be classified and placed on the appropriate level on the salary scale according to their qualifications and teaching experience. For the purpose of this Schedule teaching experience does not include employment as a teacher in a TAFE program (unless the teacher is employed to teach a Vocational and Educational Training (VET) program) or in an English Language School.
(b) Service as a part-time teacher will normally accrue on a pro rata basis according to the percentage of a fulltime teaching load undertaken in any year; provided that where the hours are more than 90% of a full-time load, service will count as a full-time year. (c) In the case of a casual employee, the equivalent of a full-time year of teaching service is 200 full casual days in Australian schools. (d) In the case of an early childhood/preschool teacher, the following will count as service: (i) teaching experience in preschools, kindergartens, multi-purpose centres, early intervention services, long day care centre and other similar services; (ii) teaching experience of children from four to eight years (or in the infants department) of a school registered and/or accredited under the relevant authority in each state or territory; (iii) service as a lecturer in early childhood education or child development, as a child development officer or equivalent; and (iv) service as a diploma qualified childcare worker, at the rate of one year for every three years service up to a maximum of four years. 3.2
Kindergarten Teacher Classification and Progression
For the purposes of annual incremental progression, a kindergarten teacher shall be deemed to have completed a yearâ€™s service upon the completion of 1748 hours of service.
Kindergarten teachers shall be classified in accordance with the classification process applicable under clauses 4-6 of Schedule 8 Teacher Employment Arrangements, provided that the wage and salary rates shall be as prescribed in Schedule 1: Wages and Salaries Kindergarten Teachers.
Kindergarten Teacher Ordinary Hours of Work
Subject to this clause, a full-time employeeâ€™s ordinary hours of work will be 38 per week.
The College Kindergarten shall operate for 50 weeks per year subject to gazetted public holidays. There will be a compulsory 2 week closure over the Christmas period at which time employees shall access annual leave.
The ordinary hours of work may be averaged over a period of four weeks.
The ordinary hours of work will be worked between the hours of 6.00 am and 6.30 pm on any five days between Monday and Friday and will not exceed eight hours in duration. Subject to the provisions of clause 3.1.6 Individual Flexibility, by agreement between an employer and an employee, an employee may be rostered to work up to a maximum of 10 hours in any one day.
Breaks between periods of duty
An employee will be entitled to a minimum break of 10 consecutive hours between the end of one period of duty and the beginning of the next. This applies in relation to both ordinary hours and where overtime is worked.
Where an employer requires an employee to continue or resume work without having a 10 hour break off duty, the employee is entitled to be absent from duty without loss of pay until a 10 hour break has been taken, or be paid at double time of the ordinary rate of pay until released from duty.
Rostered days off
An employer and employee may agree that the ordinary hours of work provided by clause 5 will be worked over 19 days in each four week period, in which case the following provisions will apply. a)
The employee will work 152 hours over 19 days in each four week period with one rostered day off on full pay in each such period.
An employee will accrue 24 minutes for each eight hour day worked to give the employee an entitlement to take rostered days off.
Each day of paid leave taken by an employee (but not including long service leave, or any period of stand-down, any public holiday or any period of absence for which workers compensation payments apply occurring during any cycle of four weeks) will be regarded as a day worked for the purpose of accruing an entitlement under clause 7.1(b)
Rostered days off will not be regarded as part of the employeeâ€™s annual leave for any purpose.
An employee will not be entitled to personal leave in respect of illness whilst on a rostered day off. In the event of a rostered day off falling on a public holiday, the employer and the employee will agree on a substitute day.
An employee will not be entitled to more than 12 rostered days off in any 12 months of consecutive employment.
An employee who is scheduled to take a rostered day off before having worked a complete four week cycle will be paid a pro rata amount for the time that the employee has accrued in accordance with clause 7.1(b)
An employee whose employment is terminated in the course of a four week cycle will be paid a pro rata amount for the time that the employee has accrued in accordance with clause 7.1(b).
Rostered days off will be determined by mutual agreement between the employer and the employee, having regards to the needs of the place of employment.
An employee will be advised by the employer at least four weeks in advance of the day on which the employee is to be rostered off duty.
Nothing in this clause will entitle an employee who works less than 38 hours per week to accumulate rostered days off pursuant to this clause.
Where a service operates for less than 48 weeks per year and the employee receives more than four weeksâ€™ paid leave per year, the employee will accrue rostered days off to a maximum of seven days in any 12 months of consecutive employment. Any days accrued in excess of seven will be subsumed into the period of paid leave.
Rest pauses a) Full-time employees shall receive a paid rest pause of 10 minutes' duration in the first half and the second half of each day worked. b) Employees other than full-time who work a minimum of 4 consecutive ordinary hours but no more than 6 consecutive ordinary hours on any one day shall receive a rest pause of 10 minutes' duration. Employees who work in excess of 6 consecutive ordinary hours (excluding the meal break) on any one day shall receive a rest pause of 10 minutes' duration in the first half and the second half of the period worked. c) Such rest pauses shall be taken at such times as will not interfere with continuity of work where continuity is necessary. d) Notwithstanding the foregoing, where the employer and the employees agree the rest pauses may be combined.
Meal break An employee shall be entitled to an unpaid meal break of not less than half an hour and not more than one hour per working day no later than 5 hours after commencing work.
Non-contact time Schedule AAn employee responsible for programming and planning for a group of children will be entitled to a minimum of two hours per week, during which the employee is not required to teach or supervise children or perform other duties directed by the employer, for the purpose of planning, preparing, researching and programming activities.
Overtime rates An employee will be paid overtime for all authorised work performed outside of or in excess of the ordinary or rostered hours at the rate of time and a half for the first three hours and double time thereafter. Notwithstanding the above, part-time employees who agree to work in excess of their normal hours will be paid at ordinary time for up to eight hours provided that the additional time worked is during the ordinary hours of operation of the early childhood service. No part-time employee may work in excess of eight hours in any day without the payment of overtime.
Time off instead of overtime payment a.
An employee and an employer may agree that an employee will be provided with time off instead of being paid an overtime payment for all authorised work performed outside of or in excess of the ordinary or rostered hours.
Overtime taken as time off during ordinary time hours must be taken at the ordinary time rate, that is, an hour for each hour worked.
Where an employee and an employer have agreed to time off instead of payment for overtime under clause a)a and such time has not been taken within four weeks of accrual or during the non-term weeks agreed in writing between an employee and an employer, an employer must, if requested by an employee, provide payment, at the rate provided for the payment of overtime in this Schedule, for any overtime worked.
SCHEDULE 13 - KINDERGARTEN NON TEACHER EMPLOYMENT ARRANGEMENTS 1
childrenâ€™s services and early childhood education industry means the industry of long day care, occasional care (including those occasional care services not licensed), nurseries, childcare centres, day care facilities, family based childcare, kindergartens and preschools, and early childhood intervention programs.
long day care centre means a childcare establishment which usually provides services over a period of approximately eight hours or more each day for approximately 48 weeks or more during the year
preschool means a kindergarten, day school or nursery school and will include: (a) a full day care centre which means an establishment which does not operate on a sessional basis, but which usually operates during hours and terms which approximate those of a recognised school. (b) a sessional care centre which means an establishment which operates on the basis of morning and/or afternoon sessions and which usually operates during hours and terms which approximate those of a recognised school.
unit means a group or class of children which does not at any one time exceed 25 children, but which need not necessarily consist of the same children at all times
Types of employment
Full-time employment A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.
Part-time employment (a) An employer may employ a part-time employee in any classification under this Schedule. (b) A part-time employee is an employee who: (i) works less than full-time hours of 38 per week; (ii) has reasonably predictable hours of work; (iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work. (c) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day. (d) Changes in hours of work may only be made by agreement in writing between the employer and employee. Changes in the days to be worked can be made by the employer giving seven days notice in advance of the change in accordance with the Clause Ordinary hours of work and rostering contained in this Schedule. (e) The College is required to roster a part-time employee for a minimum of two consecutive hours on any shift. (f) A part-time employee who agrees to work in excess of their normal hours will be paid at ordinary time for up to eight hours provided that the additional time worked is during the ordinary hours of operation of the early childhood service. No part-time employee may work in excess of eight hours in any day without the payment of overtime paid for at the rates prescribed in Clause 7.2 of this Schedule. (g) A part-time employee employed under the provisions of this clause must be paid for the ordinary hours worked at the rate of 1/38th of the weekly rate.
(a) A casual employee is an employee engaged as such and must be paid the hourly rate payable for a full-time employee for the relevant classification plus a casual loading of 23%. Notwithstanding the above, the parties acknowledge the intention of the College to increase the casual loading during the life of this Agreement subject to the wages parity commitments contained in clause 4.1 of this Agreement. (b) A casual employee is one engaged for temporary and relief purposes. (c) A casual employee will be paid a minimum of two hours pay for each engagement. (d) For work in excess of eight hours on any one day or shift or 38 hours in any one week, a casual employee will be paid in accordance with the penalties specified in the Clause 7.2 of this Schedule. 3
Kindergarten Employee Classification
Progression for children’s services employees (a) Progression from one level to the next within a classification is subject to an employee meeting the following criteria: (i) competency at the existing level; (ii) 12 months experience at that level (or in the case of employees employed for 19 hours or less per week, 24 months) and in-service training as required; and (iii) demonstrated ability to acquire the skills necessary for advancement to the next pay point. (b) Where an employee is deemed not to have met the requisite competency at their existing level at the time of the appraisal, progression may be deferred for a period of three months provided that: (i) the employee is notified in writing of the reasons for the deferral; (ii) the employee has, in the previous 12 months, been provided with the in-service training required to attain a higher pay point; and (iii) following any deferral, the employee is provided with the training necessary to advance to the next level. (c) Where an appraisal has been deferred for operational reasons beyond the control of either party and the appraisal subsequently deems the employee to have met the requirements of clause 3.1(a), any increase in wages will be back paid to the 12 (or 24) month anniversary date of the previous progression. (d) An employee whose progression has been refused or deferred may invoke the provisions of clause 9— Dispute resolution. If the resolution results in the advancement being granted, any increase in wages will be backdated to the relevant anniversary date. (e) An employee employed as a Children’s Services Employee Level 2 on completion of an accredited introductory childcare course will immediately progress by one additional level beyond that determined in accordance with clause 3.1(a). Any additional steps will be subject to meeting the requirements of clause 3.1(a).
Junior employees (a) Junior employees employed as Level 3, 4 and 5 must be paid at the appropriate adult rate. (b) Junior employees employed as Level 1 or Level 2 will be paid no less than the following percentages of the corresponding Children’s Services Employee Level 2 rate: Under 17 Years: 70% of adult rate Under 18 Years: 80% of adult rate Under 19 Years: 90% of adult rate
Broken shift allowance Where an employee works two separate shifts in a day, they will be paid an allowance of 1.91% of the standard rate per day for each day on which a broken shift is worked.
Clothing and equipment allowance (a) Where the employer requires an employee to wear any special clothing or articles of clothing the employer must reimburse the employee for the cost of purchasing such clothing, or supply it, at the employer’s discretion. The provisions of this clause do not apply where the employer pays for the clothing required to be worn by the employee. (b) Where an employee is required to wear protective clothing or equipment such as goggles, aprons or gloves, the employer will either supply such clothing or equipment or reimburse the employee for the cost of their purchase, the decision of supply or reimbursement being at the employer’s discretion.
First aid allowance (a) Where an employee classified below Level 3 is required by the employer to administer first aid to children within the employee’s care and the employee holds a current recognised first aid qualification such as a certificate from the St John Ambulance, the Australian Red Cross or a similar body they will be paid an allowance of 1.13% of the standard rate per day. Where the employee is employed in out-of-school hours care, the allowance will be 0.15% of the standard rate per hour. (b) Provided that a first aid officer need not be appointed where a qualified nurse is on the premises at all times. (c) Where an employee is required by an employer to act as a first aid officer and they do not have current qualifications, the employer must pay the costs of any required training.
Meal allowance An employee required to work overtime for more than two hours without being notified on the previous day or earlier that they will be so required to work will either be supplied with a meal by the employer or paid an allowance of $10.31. No meal allowance is payable where an employee could reasonably return home for a meal within the period allowed.
An employee engaged in duties carrying a higher rate that their ordinary classification for two or more consecutive hours within any shift or day will be paid for the time so worked at the higher rate provided that: (a) the greater part of the time so worked is spent in performing duties carrying the higher rate; (b) an employee engaged as a Level 5 (Assistant Director) who is required to undertake the duties of a Director by reason of the Director’s absence will not be entitled to payment under this clause unless the Director’s absence exceeds two complete consecutive working days; (c) an employee engaged as a Level 3 who is required to undertake duties of the Director by reason of the Director’s non-attendance outside of core hours will not be entitled to payment under this clause; (d) where an employee is appointed to act as the Director of a Centre or a Supervising Officer pursuant to the relevant childcare regulations, they will be paid for the entire period at the rate applicable for a Director or Supervising Officer; or (e) an employee who is required to undertake the duties of another employee by reason of the latter employee’s absence for the purpose of attending (with pay) an approved training course (including in-service training) will not be entitled to payment under this clause.
For the purposes of this clause, the duties of an employee will be determined by reference to this Schedule and the employee’s job description.
Hours of Work and Related Matters
Ordinary hours of work and rostering The ordinary hours of work of full-time employees will be an average of 38 hours per week over a one, two or four week cycle. Ordinary hours will be worked in periods not exceeding eight hours, in unbroken periods save for meal breaks, between Monday and Friday. Subject to the provisions of clause 3.16 Individual Flexibility of this Agreement, by agreement between an employer and an employee, an employee may be rostered to work up to a maximum of 10 hours in any one day. Ordinary hours may be worked between 6.00 am and 6.30 pm. Where broken shifts are worked the spread of hours can be no greater than 12 hours per day.
Weeks of operation The College Kindergarten shall operate for 52 weeks of the year subject to gazetted public holidays There will be a compulsory 2 week closure over the Christmas period at which time employees shall access annual leave.
Rostered time off for full-time employees (a) The method of rostering the 38 hour week may be by any of the following: (i) by employees working less than eight ordinary hours per day; (ii) by employees working less than eight ordinary hours on one or more days each week; (iii) by rostering employees off on various days of the week during the work cycle; or (iv) by accumulating rostered days off with a maximum of five such days being taken consecutively at times mutually convenient to the employer and the employee. (b) In the absence of agreement at a workplace in respect to rostering of the 38 hour week the provisions of clause 3.2 Dispute Resolution of this Agreement will apply.
Rostering (a) An employer will post a legible roster at a place readily accessible to employees indicating the rostered hours of work. (b) Rostered hours will only be changed after seven days notice has been given. In the absence of such notice overtime will be paid until seven days have transpired from the date the notice was given, unless by mutual agreement between the employer and employee the notice period is waived, shortened or due to an emergency outside of the employerâ€™s control. Where an employee is required to stay beyond their rostered hours because a parent fails to arrive on time to collect a child this will not be regarded as an emergency and will be treated as overtime. (c) An employee may be transferred from one location to another within their rostered hours at the direction of the employer. An employee transferring from one location to another during a shift will be paid for the time taken to travel from one location to the other. (d) Where an employee is required to permanently transfer to another location (other than by mutual agreement) they must be given seven days notice of the change or paid overtime until seven days have transpired from the date notice was given.
Term-Time Employment (a) An employee in a preschool or kindergarten may be employed as a term-time employee to work: (i) only the school education weeks of the year as defined; (ii) an average of 38 ordinary hours per week of the school education year; or
(iii) less than an average of 38 hours per week of the school education year. (b) All entitlements for term-time employees are no less than those for non term-time employees, except that no ordinary wages are payable for the weeks the employee is not engaged to work. (c) Notwithstanding clause 6.5(b) non-engaged periods count as service for the purposes of accrual of paid annual and personal/carerâ€™s leave and wage increments. (d) Where a public holiday falls on a day on which a term-time employee is normally employed to work, the employee will be paid at the ordinary hourly rate of pay for the number of hours they would ordinarily have worked on that day. (e) Annual leave is exclusive of any public holiday which may occur during the period of leave provided the employee would have ordinarily been required to work on the day on which the public holiday falls. (f) Nothing in this clause prevents an employee in a preschool or kindergarten from being employed other than as a term-time only employee. (g) Where a person employed as at the date of making this Schedule is employed on a contract which provides for payment of salary during non-term times, the provisions of this clause will not have the effect that their contract of employment is changed as a result of this Schedule coming into operation. (h) The making of this Schedule is not intended to prevent other arrangements for staff, who are not required to work during non-term weeks, to be agreed between the employer and majority of employees in a preschool, kindergarten or out-of-school hours care service. 6.6
Meal breaks (a) An employee will not be required to work in excess of five hours without an unpaid meal break of not less than 30 minutes and not more than one hour. Provided that employees who are engaged for not more than six hours continuously per shift may elect to forego a meal break. (b) A meal break must be uninterrupted. Where there is an interruption to the meal break and this is occasioned by the employer, overtime will be paid until an uninterrupted break is taken. The minimum overtime payment will be as for 15 minutes with any time in excess of 15 minutes being paid in minimum blocks of 15 minutes. (c) Notwithstanding clause 6.6(a), where an employee is required to remain on the employerâ€™s premises, the employee will be entitled to a paid meal break of not less than 20 minutes or more than 30 minutes. By agreement with the employer an employee may leave the premises during the meal break, however, such time away from the premises will not be counted as time worked and nor will any payment be made for such time.
Rest pauses (a) An employee working four hours or more on any engagement will be entitled to a paid rest period of 10 minutes. (b) Provided that an employee working for seven hours or more will be entitled to two such paid rest periods of 10 minutes each unless the employee agrees to forego one of these rest periods. (c) All rest periods must be uninterrupted.
Breaks between work periods (a) All employees will be entitled to a 10 hour rest period between the completion of work on one day and the commencement of work on the next. Work includes any reasonable additional hours or overtime. (b) Where an employee recommences work without having had 10 hours off work the employee will be paid at overtime rates until such time as they are released from duty for a period of 10 consecutive hours without loss of pay for ordinary time hours occurring during the period of such absence. (c) By agreement between an employer and an employee the period of 10 hours may be reduced to not less than eight hours.
Overtime and penalty rates
Entitlement to overtime rates (a) A full-time employee is paid at overtime rates for any work performed outside of their ordinary hours of work. (b) A part-time employee is paid at overtime rates in the circumstances specified in clause 2.2(f). (c) A casual employee is paid at overtime rates in the circumstances specified in clause 2.3(e).
Overtime rates (a) Overtime will be paid at the rate of time and a half for the first two hours and double time thereafter. In calculating overtime, each day’s work will stand alone. (b) Where, due to a genuine and pressing emergency situation, an employee is required to remain at work after their normal finishing time such time will be paid at the ordinary rate for the employee’s classification. Provided that such emergency overtime does not exceed one hour per week. For the purposes of this subclause an emergency situation may include a natural disaster affecting a parent, another employee or the centre/service, the death of a child or parent, or a child requiring urgent hospitalisation or medical attention.
Time off instead of payment for overtime (a) An employee and an employer may agree that an employee will be provided with time off instead of being paid an overtime payment for all authorised work performed outside of or in excess of the ordinary or rostered hours subject to the following: (i) any periods of time off in ordinary hours will equate to the relevant period of overtime worked; (ii) an employee must not accumulate more than 20 hours of time off which must be taken within four weeks of its accrual. Where time off is not taken the overtime will be paid for in the next pay period at the appropriate rate of overtime applicable; and (iii) by agreement between the employee and the employer, time off instead of payment for overtime may be accrued and taken as part of annual leave.
All employees will be classified by the employer into one of the levels contained in this Schedule in accordance with the employee’s skills, responsibilities, qualifications, experience in the industry and duties. Progression within a level is subject to the provisions of clause 3.1 of this Schedule. Employees moving from one classification level to another will commence on the 1st year of service rate of the higher level. 8.1
Children’s Services Employees (CSE)
Level 1 This is an employee who has no formal qualifications but is able to perform work within the scope of this level. The employee will work under direct supervision in a team environment and will receive guidance and direction at all times. The employee will receive structured and regular on-the-job training to perform the duties expected at this level. Normally an employee at this level will not be left alone with a group of children. (a) Indicative duties Learning and implementing the policies, procedures and routines of the service. Learning how to establish relationships and interact with children. Learning the basic skills required to work in this environment with children. Giving each child individual attention and comfort as required. Basic duties including food preparation, cleaning and gardening. (b) Progression
A Level 1 employee will progress to the next level after a period of one year or earlier if the employer considers the employee capable of performing the work at the next level or if the employee actually performs work at the next level. Level 2 This is an employee who has completed 12 months in Level 1, or a relevant AQF Certificate II, or in the opinion of the employer has sufficient knowledge and experience to perform the work within the scope of this level. An employee at this level has limited knowledge and experience in children’s services and is expected to take limited responsibility for their own work. Indicative duties Assist in the implementation of the children’s program under supervision. Assist in the implementation of daily care routines. Develop awareness of and assist in maintenance of the health and safety of the children in care. Give each child individual attention and comfort as required. Understand and work according to the centre or service’s policies and procedures. Demonstrate knowledge of hygienic handling of food and equipment. Level 3 This is an employee who has completed AQF Certificate III in Children’s Services or an equivalent qualification or, alternatively, this employee will possess, in the opinion of the employer, sufficient knowledge or experience to perform the duties at this level. An employee appointed at this level will also undertake the same duties and perform the same tasks as a CSE Level 2. (a) Indicative duties: Assist in the preparation, implementation and evaluation of developmentally appropriate programs for individual children or groups.
Record observations of individual children or groups for program planning purposes for qualified staff.
Under direction, work with individual children with particular needs.
Assist in the direction of untrained staff.
Undertake and implement the requirements of quality assurance.
Work in accordance with food safety regulations.
(b) Progression Subject to this Schedule, an employee at this level is entitled to progression to Level 3.3. An employee at this level who has completed an AQF Diploma in Children’s Services or equivalent, and who demonstrates the application of skills and knowledge acquired beyond the competencies required for AQF Certificate III in the ongoing performance of their work, must be paid no less than the rate prescribed for Level 3.4. Any dispute concerning an employee’s entitlement to be paid at Level 3.4 may be dealt with in accordance with the Dispute Resolution clause of this Agreement, which may require the employee to demonstrate that they utilise skills and knowledge above those prescribed for Level 3 but below those prescribed for Level 4. Level 4A This is an employee who has not obtained the qualifications required for a Level 4 employee who performs the same duties as a Level 4 employee. Level 4
This is an employee who has completed a Diploma in Children’s Services or equivalent (e.g. Certificate IV in Out of School Hours Care) as recognised by licensing authorities and is appointed as the person in charge of a group of children in the age range from birth to 12 years. An employee at this level will also take on the same duties and perform the same tasks as a CSE Level 3. Indicative duties Responsible, in consultation with the Assistant Director/Director for the preparation, implementation and evaluation of a developmentally appropriate program for individual children or groups. Responsible to the Assistant Director/Director for the supervision of students on placement. Responsible for ensuring a safe environment is maintained for both staff and children. Responsible for ensuring that records are maintained accurately for each child in their care. Develop, implement and evaluate daily care routines. Ensure that the centre or service’s policies and procedures are adhered to. Liaise with families. Level 5 This is an employee who has completed AQF Level V Diploma in Children’s Services or equivalent and appointed as:
an Assistant Director of a service;
a Children’s Services Co-ordinator;
a Family Day Care Co-ordinator;
a Family Day Care Trainee Supervisor; or
a School Age Care Co-ordinator.
An Assistant Director will also take on the same duties and perform the same tasks as a CSE Level 4. Indicative duties Co-ordinate and direct the activities of employees engaged in the implementation and evaluation of developmentally appropriate programs. Contribute, through the Director, to the development of the centre or service’s policies. Co-ordinate centre or service operations including Occupational Health and Safety, program planning, staff training. Responsible for the day-to-day management of the centre or service in the temporary absence of the Director and for management and compliance with licensing and all statutory and quality assurance issues. Generally supervise all employees within the service. (a) A Children’s Service Co-ordinator undertakes additional responsibilities including: co-ordinating the activities of more than one group; supervising staff, trainees and students on placement; and assisting in administrative functions. (b) A Family Day Care Co-ordinator undertakes the following indicative duties: arranges, administers and monitors a number of Family Day Care placements; responsible for the direction, supervision and training of a number of family bases childcare workers; implements licensing regulations and accreditation requirements for family day care; assists in recruiting and approving the registration of family based childcare workers in accordance with the scheme’s policies and licensing regulations; documents, interprets and uses information about children; assists family based childcare workers to develop care routines for children; communicates effectively with family based childcare workers, children, parents and families;
applies well-developed theoretical knowledge to the care situations with respect to cultural diversity, gender issues and scheme philosophy; responsible for the quality of their own work and the work of others; and ensures that records are maintained and up to date.
(c) A Family Day Care Trainee Supervisor undertakes the following indicative duties: provides support and guidance to family based childcare workers undertaking the AQF Certificate III Traineeship; undertakes supervision visits for the purpose of on-the-job workplace assessment; organises training assistance such as additional resources, in-service sessions and study groups as required; and contributes to the development of the schemes policies.
Level 6—Director A Director is an employee who holds a relevant Degree or a 3 or 4 year Early Childhood Education qualification, or an AQF Advanced Diploma, or a Diploma in Children’s Services, or a Diploma in Out-of-Hours Care; or is otherwise a person possessing such experience, or holding such qualifications deemed by the employer or the relevant legislation to be appropriate or required for the position, and who is appointed as the director of a service. (a) Indicative duties Responsible for the overall management and administration of the service. Supervise the implementation of developmentally appropriate programs for children. Recruit staff in accordance with relevant regulations. Maintain day-to-day accounts and handle all administrative matters. Ensure that the centre or service adheres to all relevant regulations and statutory requirements. Liaise with families and outside agencies. Formulate and evaluate annual budgets. Liaise with management committees as appropriate. Provide professional leadership and development to staff. Develop and maintain policies and procedures for the centre or service. (b) Director Level 1 A Director Level 1 is an employee appointed as the Director of a service licensed for up to 39 children or a Family Day Care service of no more than 30 family based childcare workers and is paid at the Level 6.1 to 6.3 salary range. (c) Director Level 2 A Director Level 2 is an employee appointed as the Director of a service licensed for between 40 and 59 children or a Family Day Care service with between 31 and 60 family based childcare workers and is paid at the Level 6.4 to 6.6 salary range. (d) Director Level 3 A Director Level 3 is an employee appointed as the Director of a service licensed for 60 or more children or a Family Day Care service with more 60 family based childcare workers and is paid at the Level 6.7 to 6.9 salary range. 8.2
Level 1 This is an untrained, unqualified employee. Employees at this level will work under supervision with guidance and direction. (a) Indicative duties Assisting a qualified cook and/or basic food preparation and/or duties of a kitchen hand.
Laundry work. Cleaning. Gardening. Driving. Maintenance (non-trade). Administrative duties.
(b) Progression An employee will progress to Children’s Services Support Employee (CSSE) Level 2 after 12 months, or earlier if the employee is performing the duties of a children’s Services support employee Level 2. Level 2 An employee at this level will possess skills, training and experience above that of a CSSE Level 1 and below that of a CSSE level 3. An employee at this level works under routine supervision and exercises discretion consistent with their skills and experience. Indicative duties Assisting a qualified cook and/or basic food preparation and/or duties of a kitchen hand. Laundry work. Cleaning. Gardening. Driving. Maintenance (non-trade). Administrative duties. Level 3 An employee at this level possesses an AQF Certificate III or equivalent skills and performs work at that level as required by the employer.
SCHEDULE 14 - COMMON ARRANGEMENTS FOR ALL EMPLOYEES 1
Application This schedule shall apply to all employees covered by the Emmanuel College Collective Enterprise Agreement 2012.
Introduction of changes
At any stage within clause 2 an employee may include or be represented by an organisation or party of their choice. 2.2
Employer's duty to notify
2.2.1 Where an employer decides to introduce changes in production, program, organisation, structure or technology, that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes. 2.2.2 Significant effects includes termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs: Provided that where this agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not to have significant effect. 2.3
Employer's duty to consult over change
2.3.1 The employer shall consult the employees affected about the introduction of the changes, the effects the changes are likely to have on employees (including the number and categories of employees likely to be dismissed, and the time when, or the period over which, the employer intends to carry out the dismissals), and the ways to avoid or minimise the effects of the changes (e.g. by finding alternate employment). 2.3.2 The consultation must occur as soon as practicable after making the decision referred to in clause 2.3. 2.3.3 For the purpose of such consultation the employer shall provide in writing to the employees concerned all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees, and any other matters likely to affect employees, provided that any employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer's interests. 3
At any stage within clause 3 an employee may include or be represented by an organisation or party of their choice. 3.2
Consultation before terminations
3.2.1 Where an employer decides that the employer no longer wishes the job the employee has been doing to be done by anyone, and this is not due to the ordinary and customary turnover of labour, and that decision may lead to termination of employment, the employer shall consult the employee directly affected. 3.2.2 The consultation shall take place as soon as it is practicable after the employer has made a decision, which will invoke the provisions of clause 3.2.1 and shall cover the reasons for the proposed terminations, measures to avoid or minimise the terminations and/or their adverse affects on the employees concerned. 3.2.3 For the purpose of the consultation the employer shall, as soon as practicable, provide in writing to the employees concerned all relevant information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be affected, the number of workers normally employed and the period over which the terminations are likely to be carried out: Provided that an employer shall not be required to disclose confidential information, the disclosure of which would be adverse to the employer's interests. 3.3
Transfer to lower paid duties
3.3.1 Where an employee is transferred to lower paid duties for reasons set out in clause 3.2 the employee shall be entitled to the same period of notice of transfer as the employee would have been entitled to if the employee's employment had been terminated under the standard termination arrangements. 3.3.2 The employer may, at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former amounts the employer would have been liable to pay and the new lower amount the employer is liable to pay the employee for the number of weeks of notice still owing. 3.3.3 The amounts must be worked out on the basis of: a) the ordinary working hours to be worked by the employee; and b) the amounts payable to the employee for the hours including for example, allowances, loadings and penalties; and c) any other amounts payable under the employee's employment contract. 3.4
Transmission of business
3.4.1 Where a business is, whether before or after the date of this agreement, transmitted from an employer (transmittor) to another employer (transmittee), and an employee who at the time of such transmission was an employee of the transmittor of the business, becomes an employee of the transmittee: a) the continuity of the employment of the employee shall be deemed not to have been broken by reason of such transmission; and b) the period of employment which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee. 3.4.2 In this clause, business includes trade, process, business or occupation and includes a part or subsidiary (which means a corporation that would be taken to be a subsidiary under the Corporations Law, whether or not the Corporations Law applies in the particular case) of any such business and transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning. 3.5
Time off during notice period
3.5.1 Where a decision has been made to terminate an employee in the circumstances outlined in clause 3.2.1, the employee shall be allowed up to one day's time off without loss of pay during each week of notice for the purpose of seeking other employment. 3.5.2 If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or the employee shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient. 3.6
Notice to Centrelink
Where a decision has been made to terminate employees in the circumstances outlined in clause 3.2, the employer shall notify Centrelink as soon as possible giving all relevant information about the proposed terminations, including a written statement of the reasons for the terminations, the number and categories of the employees likely to be affected, the number of workers normally employed and the period over which the terminations are intended to be carried out.
3.7.1 In addition to the period of notice prescribed for ordinary terminations, an employee whose employment is terminated for reasons set out in clause 3.2 shall be entitled to the following amounts of severance pay: Period of Continuous Service Less than 1 year 1 year but not more than 2 years More than 2 years but not more than 3 years More than 3 years but not more than 4 years More than 4 years but not more than 5 years More than 5 years but not more than 6 years More than 6 years but not more than 7 years More than 7 years but not more than 8 years More than 8 years but not more than 9 years More than 9 years but not more than 10 years More than 10 years
Severance Pay (weeks' pay) nil 4 6 7 8 10 11 13 14 16 12
3.7.2 Weeks' Pay means the ordinary time rate of pay for the employee concerned: Provided that the following amounts are excluded from the calculation of the ordinary time rate of pay: overtime, penalty rates, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and any other ancillary payments. 3.8
Employee leaving during notice
An employee whose employment is terminated for reasons set out in clause 3.2 may terminate such employment during the period of notice, and, if so, shall be entitled to the same benefits and payments under this clause had such employee remained with the employer until the expiry of such notice: Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice. 3.9
Employees with less than one year's service
Clause 3 shall not apply to employees with less than one year's continuous service and the general obligation on employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. 3.10
Clause 3 shall not apply: a) where employment is terminated as a consequence of misconduct on the part of the employee; or b) to employees engaged for a specific period or task(s); or c) to casual employees. 3.11
Exemption where transmission of business
3.11.1 The provisions of clause 3.7.1 are not applicable where a business is before or after the commencement date of this agreement, transmitted from an employer (transmittor) to another employer (transmittee), in any of the following circumstances: a) where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor, and any prior transmittor, to be continuous service of the employee with the transmittee; or b) where the employee rejects an offer of employment with the transmittee:
i) in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and ii) which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. 4
An employee, other than a casual employee, required to attend for jury service during their ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of their attendance for such jury service and the ordinary pay the employee would have been paid if the employee was not absent on jury service.
Alternatively, by agreement, fees (other than meal allowance) received by the employee to attend jury service will be paid to the employer and the employer will continue to pay the employee their ordinary pay for the time the employee was absent on jury service.
Employees shall notify their employer as soon as practicable of the date upon which they are required to attend for jury service and shall provide their employer with proof of such attendance, the duration of such attendance and the amount received in respect thereof.
If the employee is not required to serve on a jury for a day or part of a day after attending for jury service and the employee would ordinarily be working for all or part of the remaining day, the employee must, if practicable, present for work at the earliest reasonable opportunity.
Ordinary pay means the rate of pay that an employee would normally expect to receive for working ordinary hours on an ordinary day of the week. Ordinary pay excludes overtime, penalty rates of all types - including those attaching to working ordinary hours (for example) on a Saturday, disability allowances, shift allowances, special rates, fares and travelling time allowances, bonuses and other ancillary payments of a like nature.
SCHEDULE 15 – JOB SHARE 1
Job-sharing is a voluntary arrangement in which a full-time position is divided between two employees with both having shared responsibility for the position during the life of the arrangement. 1.2
Principles (i) job-sharing is entered into voluntarily; (ii) job-share arrangements shall be flexible and accommodate the employer and employee needs; and (iii) All requests for job-share arrangements are subject to the approval of the Principal.
Arrangements for Teachers
A full-time teaching employee may apply to the College for his or her position to be considered for job-share. When considering the application, the Principal will have regard to the following: a) whether job-sharing the position is appropriate for: (i) the College; (ii) the position concerned; (iii) the particular class level and educational needs of the students; b) how many positions might be affected; c) what process will be used to determine the employees who will job share and under what arrangements the employees will work, including: (i) the days worked by each employee; (ii) the communication process between the employee and the relevant supervisor/s, and between the employees themselves; (iii) division of planning and non-contact time; (iv) the expectations placed upon employees in relation to participation in excursions and co-curricular activities where relevant; (v) participation in parent-teacher interviews, (vi) participation in playground and other supervision duties; (vii) participation in assessment and reporting; (viii) attendance at staff meetings and other meetings; (ix) participation in professional development; (x) any matters considered relevant by the Principal; and (xi) any other matters considered relevant by each of the Principal and employees to the position to be shared. 2.2
Upon appointment, each participant will receive an individual letter of appointment from the Principal which specifies the arrangements determined in x.1 above, and also identifies the following: 2.3
the position concerned and the continuing status of that position; the fixed nature of the arrangement; the fixed term status of any replacement employee if applicable; and the duration of the arrangement.
Alteration to arrangements
Where the participants seek to amend the terms of the arrangements, the further approval of the Principal is required and he or she shall have regard to the elements contained in clause 1.
Arrangements for School Officers and Services Staff
A full-time employee may apply to the College for his or her position to be considered for job-share. When considering the application, the Principal will have regard to the following: a) whether job-sharing the position is appropriate for: (i) the College; (ii) the position concerned; b) how many positions might be affected; c) what process will be used to determine the employees who will job share and under what arrangements the employees will work, including: (i) the days worked by each employee; (ii) the communication process between the employees and the relevant supervisor/s, and between the employees themselves; (iii) attendance at staff meetings and other meetings; (iv) participation in professional development; and (v) any other matters arising out of the position to be shared. 3.2
Upon appointment, each participant will receive an individual letter of appointment from the Principal which specifies the arrangements determined in 3.1 above, and also identifies the following: the position concerned and the continuing status of that position; the fixed nature of the arrangement; the fixed term status of any replacement employee if applicable; and the duration of the arrangement. 3.3
Alteration to arrangements
Where the participants seek to amend the terms of the arrangements, the further approval of the Principal is required and he or she shall have regard to the elements contained in .3.1 4
Conditions and Entitlements
All job-share arrangements are made for a maximum period of one College year. 4.2
Rates of Pay
Payment is made in accordance with the scale of salaries prescribed in Schedule 1, based on the percentage division of the work. 4.3
All entitlements to annual leave (where applicable), annual leave loading (where applicable), sick leave, long service leave, public holidays, superannuation and benefits provided under the Agreement are provided on a pro-rata basis. In the event that one participant is absent on sick leave and a replacement is required, the other participant may be offered the relief work. If the relief work is accepted, the participant will be paid at the ordinary hourly rate (not casual or relief rates) and accrue appropriate leave entitlements for those hours. In the event that the other participant refuses the offer, or is unavailable to accept the offer, a relief employee may be engaged and paid on either a short term contract or a casual basis
Long service leave, maternity/paternity/adoption leave, and/or special leave may be granted within the period of the job share arrangement. The local arrangements for applying and taking such leave continue to apply. 4.4
Calculation of service
All work undertaken by job-share employees counts towards incremental progression on a pro-rata basis. 4.5
Professional development days
Job share employees are expected to report for full day duty for the pupil free days nominated for professional development activities during the College year declared by the employer as requiring attendance by all employees. All attendance required beyond the proportion that the participantâ€™s arrangement bears to a full time employee will be paid time.
Published on Jan 12, 2012