Form 40
Application for certification of agreement
R.139(1)
Industrial Relations Act 1999, section 156 (Form to apply for certification of an agreement)
QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999, s 156.
THE CORPORATION OF THE ROMAN CATHOLIC DIOCESE OF TOOWOOMBA AND
QUEENSLAND INDEPENDENT EDUCATION UNION OF EMPLOYEES
(No.CA
of 2001)
APPLICATION FOR CERTIFICATION OF THE DIOCESE OF TOOWOOMBA CATHOLIC EDUCATION OFFICE EDUCATIONAL OFFICERS - CERTIFIED AGREEMENT TO:
The Industrial Registrar, Industrial Registry, Level 14, Central Plaza 2, 66 Eagle Street, (Corner Creek and Elizabeth Streets), Brisbane 4000, GPO Box 373, Brisbane Q 4001 Phone: (07) 3227 8060, Fax: (07) 3221 6074
THE AGREEMENT, attachment A, having been made under the Industrial Relations Act 1999 on , BETWEEN The Corporation of the Roman Catholic Diocese of Toowoomba AND Queensland Independent Education Union of Employees. All the parties to the agreement now seek certification of the agreement under chapter 6, part 1 of the Act. All the party’s signatures appear below. The information required under the Industrial Relations Regulations 2000, section 9 and any other information in support of the application is set out in the affidavit of Christopher Russell Seymour which is the attachment marked B. (If there is or was a certified agreement or agreements covering all or some of the employees to be covered by the attached agreement the following information must also be given, regulation, section 9 (3) & R.139(1)(d))
Dated: (day, month and year)
Form 40, R.139(1).
2
Signed for The Corporation of the Roman Catholic Diocese of Toowoomba
In the presence of:
(signature)
(witness to sign)
(print name)
(print name)
(position, title, office etc)
AND Signed for the Queensland Independent Education Union of Employees:
In the presence of:
(signature)
(witness to sign)
(print name)
(print name)
(position, title office etc)
This agreement is certified under the Industrial Relations Act 1999, chapter 6, part 1. (Signature) (name of commissioner)
Industrial Commissioner
Filed on
, certified by the commission and given Register No (day, month and year)
(number and year)
in the Certified Agreements Register. Dated (day, month and year)
Operative date:
Industrial Registrar
3
(Last page)
PARTICULARS OF THE EMPLOYER Name: The Corporation of the Roman Catholic Diocese Of Toowoomba Business address: 73 Margaret Street, Toowoomba Qld 4350 Address for service: as above Phone number: 07 4637 1400 Fax number (if any): 07 4637 1499 E-mail address (if any):
PARTICULARS OF OTHER PARTY
Name: Mr Greg McGhie, General Secretary, Queensland Independent Education Union of Employees Business address: 117 Fortescue Street, Spring Hill Qld 4000 Address for service: as above Phone number: 07 3839 7020 Fax number: (if any) 07 3839 7021 E-mail address (if any): gmcghie@qieu.asn.au
Attachment A DIOCESE OF TOOWOOMBA CATHOLIC EDUCATION OFFICE EDUCATIONAL OFFICERS CERTIFIED AGREEMENT ARRANGEMENT
1. PRELIMINARY
7
1.1.
Title
7
1.2.
Application
7
1.3.
Parties Bound
7
1.4.
Operation of Agreement
7
1.5.
Certified Agreement Posting
7
1.6.
Single Bargaining Unit
7
1.7.
Principles For Negotiations
7
2. RELATIONSHIP TO THE AWARDS
8
2.1.
Relationship with Parent Awards
8
2.2.
Grievance and Dispute Settlement
8
2.3.
Joint Consultative Committee
9
3. ROLES OF THE TOOWOOMBA CATHOLIC EDUCATION OFFICE
10
3.1.
Vision, Values and Mission
10
3.2.
Relationships
10
3.3.
Accountability
11
3.4.
Aims
11
3.5.
Developmental Goals
11
3.6.
Educational Goals
12
3.7.
Service Goals
12
3.8.
Objectives of the Certified Agreement
12
4. WAGES
13
4.1.
Salary Benefits
13
4.2.
Variation of Agreement
14
4.3.
No Further Increases
14
5. EFFICIENCY AND EFFECTIVENESS INITIATIVES 5.1.
Classification of Administrative and Education Officers
14 14
5
5.2.
Increments
14
5.3.
Higher Duties
14
5.4.
Terms of Engagement
14
5.5.
Induction
14
5.6.
Deed of Confidentiality
15
5.7.
Professional Practice Review and Development
15
5.8.
Career Structures
15
5.9.
Workplace Health and Safety
15
5.10.
Job Security
16
5.11.
Continuity of Employment
16
5.12.
Termination of Employment
16
5.13.
Anti-Discrimination
16
5.14.
Equal Employment Opportunity
16
5.15.
New Work Practices
16
6. LEAVE BENEFITS
16
6.1.
Paid Maternity Leave
16
6.2.
Paid Adoption Leave
17
6.3.
Special Responsibility Leave – Paternity Leave
17
6.4.
Long Service Leave
17
6.5.
Sick Leave Provision
17
6.6.
Sick Leave Accrual
17
6.7.
Sick Leave Notification Procedures
17
6.8.
Bereavement Leave
18
6.9.
Annual Leave
18
6.10.
Public Holidays
18
6.11.
Leave Without Pay
18
7. TRAVELLING AND EXPENSES
19
7.1.
Travelling Allowance
19
7.2.
Provision of a Motor Vehicle
19
7.3.
Recognition of Union Status
19
7.4.
Visits by Union Officials
19
6
8. NON-SALARY BENEFITS
19
8.1.
Salary Packaging for Superannuation
19
8.2.
Salary Packaging
20
9. FUTURE RE-NEGOTIATION OF AGREEMENT 9.1.
Variation, Renewal or Replacement of Agreement
21 21
7
1.
PRELIMINARY 1.1.
Title This Agreement shall be known as the Roman Catholic Diocese Of Toowoomba Catholic Education Office, Educational Officers’, Enterprise Bargaining Agreement, Certified Agreement 2001.
1.2.
Application This agreement shall apply to those employees who are employed in the Toowoomba Catholic Education Office, in the Diocese of Toowoomba, who are signatories to this agreement and may be covered by the following Award and Industrial Agreements.
1.3.
(a)
Teachers’ Award - Non-Governmental Schools
(b)
Teachers’ Award – Non-Governmental Schools – Positions of Senior Administration, Positions of Added Responsibility in Catholic Schools, Queensland – Industrial Agreement
(c)
Teachers’ Catholic Schools (Long Service Leave Scheme) – Industrial Agreement
(d)
Teachers; Award – Non-Governmental Schools – Catholic Schools Queensland Schools Counsellors (Teacher) – Industrial Agreement
Parties Bound The Parties bound by this Agreement are as follows:
1.4.
(a)
Employees of the Catholic Education Office in the Diocese of Toowoomba who are engaged in classifications specified herein;
(b)
The Corporation of the Roman Catholic Diocese of Toowoomba;
(c)
Queensland Independent Education Union of Employees;
Operation of Agreement This Agreement shall operate from 1 June, 2001 and shall remain in force for a period of two (2) years from that date and thereafter continue in force until varied or rescinded.
1.5.
Certified Agreement Posting A copy of this Certified Agreement shall be exhibited in a conspicuous and convenient place in the workplace so as to be easily read by employees.
1.6.
Single Bargaining Unit For the purposes of negotiating this Enterprise Agreement a Single Bargaining Unit (SBU) has been established consisting of Employee, Union and Management representatives and specifically with membership from various areas of employment in Toowoomba Catholic Education Office such as:-
1.7.
(a)
Faith Education & Curriculum;
(b)
Staff & School Development;
(c)
Finance;
(d)
Administration
Principles For Negotiations
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The parties note that arising from the provisions of the agreement there are a number of initiatives which require discussion, further development, and negotiation. The parties agree to observe the following principles:
2.
1.7.1
the development of specific positions on matters and any associated discussions and negotiations are conducted “without prejudice”.
1.7.2
a consultative process will be integral to the process of developing negotiating positions on matters.
1.7.3
the employer and the representative union each have a right to consult with and receive input from their constituents when developing specific positions.
1.7.4
employees may consult with and receive advice and representation if necessary from their representative union on issues at any part of a process.
1.7.5
each party reserves a right to develop its respective position prior to any negotiations.
1.7.6
consideration shall be given to the economic and/or financial viability of initiatives as part of any negotiation.
1.7.7
Agreed outcomes will be documented and the parties will determine the industrial instrument which will be the mechanism and provide authority for implementation.
RELATIONSHIP TO THE AWARDS 2.1.
Relationship with Parent Awards This Agreement shall be read and interpreted in conjunction with Awards having application to or adopted for the purposes of Section 160 and 163 of the Industrial Relations Act 1999, as set out hereunder except as varied by the terms of this Agreement – Education Officers
Teachers’ Award – Non-Governmental Schools Teachers’ Award – Non-Governmental Schools – Positions of Senior Administration, Positions of Added Responsibility in Catholic Schools, Queensland – Industrial Agreement Teachers’ Catholic Schools (Long Service Leave Scheme) – Industrial Agreement Teachers’ Award – Non-Governmental Schools, Catholic Schools Queensland – School Counsellor (Teacher) – Industrial Agreement.
In the event of any inconsistency with existing Awards and Industrial Agreements, the terms of this Agreement will take precedence, except for any provision contained in the Letter of Appointment or the Common Law Contract.
2.2.
Grievance and Dispute Settlement 2.2.1
The matters to be dealt with in this procedure shall include all grievances or disputes between an employee and the employer in respect to any industrial matter and all other matters that the Parties agree on and are specified herein. Such procedure shall apply to a single employee or to any number of employees.
2.2.2
In the event of an employee having a grievance or dispute the employee shall, in the first instance, attempt to resolve the matter with the immediate supervisor, who shall respond to such request as soon as reasonably practicable under the circumstances.
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2.3.
2.2.3
If the grievance or dispute is not resolved under subclause 2.2.2 hereof, the employee or the employee’s representative may refer the matter to the next higher level of management for discussion. Such discussion should, if possible, take place within 24 hours after the request by the employee or the employee’s representatives.
2.2.4
If the grievance or dispute is still unresolved after discussions listed in subclause 2.2.3 hereof, the matter shall, in the case of a Union member, be reported to the State Secretary of the relevant Union of employees and the Director or nominated industrial representative. An employee who is not a Union member may report the grievance or dispute to senior management or the nominated industrial representative. This should occur as soon as it is evident that discussions under subclause 2.2.3 hereof will not result in resolution of the dispute.
2.2.5
If, after discussion between the Parties, or their nominees mentioned in subclause 2.2.4, the dispute remains unresolved after the Parties have genuinely attempted to achieve a settlement thereof, then notification of the existence of the dispute is to be given in pursuance of Section 229 of the Industrial Relations Act 1999.
2.2.6
Whilst all of the above procedure is being followed normal work, shall continue except in a case of a genuine safety issue.
2.2.7
Except in the case of termination, the status quo existing before the emergence of the grievance or dispute is to continue whilst the above procedure is being followed.
2.2.8
All Parties shall give due consideration to matters raised or any suggestion or recommendation made by an Industrial Commissioner or Industrial Magistrate with a view to the prompt settlement of the dispute.
2.2.9
Any Order of the Queensland Industrial Relations Commission (subject to the Parties’ right of appeal under the Act) will be final and binding on all Parties to the dispute.
2.2.10
Discussions at any stage of the procedure shall not be unreasonably delayed by any Party, subject to acceptance that some matters may be of such complexity or importance that it may take a reasonable period of time for the appropriate response to be made. If genuine discussions are unreasonably delayed or hindered, it shall be open to any Party to give notification of the dispute pursuant to Section 229 of the Industrial Relations Act 1999.
Joint Consultative Committee The Parties to this Agreement are committed to co-operation and consultation as part of the climate and culture of Toowoomba Catholic Education Office. The Parties also accept that according to the authority and responsibility structure of the Toowoomba Catholic Education Office, the final decision making remains the prerogative of the Director of the Diocese of Toowoomba Catholic Education Office. The Director, in coming to decisions, is committed to the process of consultation with employees. The Diocese of Toowoomba Catholic Education Office has already in place a number of structures to facilitate consultation and to advise the Director in decision making. These structures include: (a)
Regular meetings of the various Leadership Teams and Committees;
(b)
Regular group meetings with the Director;
(c)
Other Committees or groups set up from time to time by the Director for a special purpose.
(d)
Various Committees or officers appointed according to government regulation (e.g. Workplace Health and Safety).
A Joint Consultative Committee is an important element in the consultative structure within the Diocese to ensure all people affected have an opportunity to participate in the implementation and monitoring of the Enterprise Bargaining Agreement at the workplace level. Such an arrangement acknowledges the requirement for an atmosphere of mutual trust and co-operation.
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The purpose of the Joint Consultative Committee is to: (i)
provide an environment for greater two-way communication;
(ii)
establish a forum in which employees are able to participate in the implementation of the Enterprise Bargaining initiatives;
(iii)
provide management with the opportunity to utilise employee knowledge and experience;
(iv)
address issues and provide advice regarding matters arising from this Agreement.
The Joint Consultative Committee will include: (e)
Two (2) persons appointed by the Employing Authority;
(f)
Three (3) members elected from the educational teams
When appropriate, other relevant personnel may be co-opted for input on specific issues. Meetings will be held during work time, provided that wherever possible an agenda will be circulated to members prior to each meeting and these meetings will not exceed one hour in duration.
3.
ROLES OF THE TOOWOOMBA CATHOLIC EDUCATION OFFICE The Parties to this Agreement acknowledge and agree to work towards the achievement of the Vision, Values and Mission for the Diocese of Toowoomba Catholic Education Office as detailed in Clause 3.1.
3.1.
Vision, Values and Mission It is agreed that the Toowoomba Catholic Education Office Vision, Values and Mission may be the subject of ongoing review where necessary. Vision: Catholic Education is centred on the life and vision of Jesus as recorded in the Christian Scriptures and revealed in the teaching tradition of the Church. Christ is the cornerstone of the educational enterprise. It is Christ’s vision and values that we teach and it is in Jesus the Christ that we observe what it means to be fully human and building a kin(g)dom of life and truth; of holiness and grace; of justice, love and peace. Catholic schools fulfil the fundamental goals of Church, proclaiming and teaching the message, building community, celebrating liturgically and being of service in the world. These goals draw on a philosophy which embraces both belief and commitment. Values: A belief in a creative and loving God who enriches our personal and communal lives. Mission With Christ at the centre of our Mission, we commit ourselves to serving this Diocese with faithfulness, justice, love, humility and hope.
3.2.
Relationships The Catholic Education Office (CEO) exists as part of the communion of the local church (the Diocese). We operate in a spirit of interdependence with schools, agencies and the community, and are bound together by our commitment to a shared vision. As an office we are responsive to contemporary needs and are seeking continuous improvement in our services. Our activities are therefore vision driven and focused outwards on the needs of others.
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SOCIETY CULTURE
SCHOOLS
AGENCIES
SHARED VISION
CEO
COMMUNITY
3.3.
Accountability The Catholic Education Office operates as the executive arm of the Catholic Education Board in the implementation of policies. The Catholic Education Office operates under the authority of the Director to whom the Bishop delegates responsibility for the leadership and management of Catholic Education at a diocesan level. The fundamental role of the Catholic Education Office (CEO) is to serve, support and promote Catholic parishes and schools in their provision of educational services to the people of the Diocese. Clearly, the focus is on providing empowerment of local communities while at the same time exercising diocesan-wide responsibilities which sustain, nurture, and provide just accountability. The guidance and direction of the diocesan Vision and Mission Statements for Catholic Education and the Mission Statement of the Catholic Education Board provide the framework for the direction of the Catholic Education Office. To achieve its mission, the Catholic Education Office is divided into five service teams, each with its own key result areas, but all operating in an inter-dependent and aligned way. Each team is headed by a senior staff member, who, together operate as a Leadership Team
3.4.
Aims Within the parameters of our Diocesan Charter we aim to:
3.5.
(a)
nurture a life-giving Catholic culture;
(b)
nurture opportunities for holistic education;
(c)
nurture quality service, support and promotion;
(d)
nurture personal, family, school, parish agency and community development.
Developmental Goals Empowering people for: (a)
self worth and dignity;
(b)
holistic personal development;
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3.6.
(c)
sacramental consciousness;
(d)
engagement with Church life (home, parish, local, universal);
(e)
service of others;
(f)
growth in relationships and community; and
(g)
learning which is continuous.
Educational Goals Learning and teaching processes which are: (a)
educative of the whole person;
(b)
developmentally sensitive;
(c)
socially relevant;
(d)
delivered within a religious dimension; (i)
gospel values (e.g. curriculum, processes, structures);
(ii)
prayer, ritual, sacrament;
(iii)
tradition, story and charism;
(iv)
personal witness.
(e)
3.7.
community based and participatory.
Service Goals Servicing, supporting and promoting Catholic Education through:
3.8.
(a)
a strategic policy-driven Catholic Education Board;
(b)
a pastoral and purposeful leadership team;
(c)
an empowered Catholic Education Office community serving communities;
(d)
establishing interdependent relationships with schools and agencies;
(e)
identifying and supporting the most needy;
(f)
recognising and modelling Christ in people, practices and structures.
Objectives of the Certified Agreement This agreement provides a framework for the employing authority and the employees to implement further a culture of mutual collaborative partnership within and across the Toowoomba Catholic Education Office for the purpose of improving productivity, efficiency and more effective work practices. The Objectives of the Terms of Agreement are to develop a culture of workplace reform by: 3.8.1
Demonstrating a commitment to working as part of the Diocesan educational ministry through an understanding of the Diocesan Vision, Values and Mission Statement for Catholic Education in the Diocese of Toowoomba.
3.8.2
Demonstrating a commitment to the Vision, Values and Mission Statement of Toowoomba Catholic Education Office witnessed in attitude and performance.
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4.
3.8.3
Supporting the development of staff members so that they give witness to the Vision, Values and Mission Statement of the Toowoomba Catholic Education Office.
3.8.4
Improving the effectiveness of support services to schools and other agencies in contributing to the provision of quality teaching and learning.
3.8.5
Improving work practices to enhance the efficiency and productivity so that excellent service is provided.
3.8.6
Creating more effective management and resourcing processes which increase flexibility, responsiveness and professionalism.
3.8.7
Reflecting upon and initiating new ways of working.
3.8.8
Promoting a learning community by regularly reflecting on identifying strengths and opportunities, goal setting and planning for professional development needs.
3.8.9
Providing benefits to employees through improved wages and conditions of service.
3.8.10
Developing and implementing collaborative and consultative decision making processes.
3.8.11
Ensuring that the Toowoomba Catholic Education Office is a supportive, caring, professional and safe working environment.
3.8.12
Demonstrating a commitment to continual professional practice review and development and upgrading as required to maintain excellent work practices and performance.
3.8.13
Promoting a welcoming, affirming and non-discriminatory environment.
3.8.14
Encouraging leadership to promote justice and spiritual development in the wider educational faith community.
WAGES 4.1.
Salary Benefits 4.1.1
Employees covered by this Agreement shall be paid according to respective classification levels as provided in the salary scale as outlined in Schedule 1.
4.1.2
The payment of employee salaries shall be made fortnightly by electronic funds transfer into an account/s nominated by the employee.
4.1.3
Superannuation
(a)
Current employees who are appointed as Education Officer shall have within their TEC a superannuation component equivalent to 10% of the base salary of the position concerned.
(b)
The Superannuation Guarantee Charge shall be absorbed during the period covered by the TEC remuneration.
(c)
Should the Superannuation Guarantee Charge exceed 10% of base salary before the expiration of a Education Officer's term of appointment, the Employing Authority shall comply with any statutory requirements in this regard and make the necessary additional superannuation contributions.
4.1.4
An employer contribution to a complying superannuation fund shall be made in accordance with the Superannuation Guarantee Legislation from the date of appointment. Should an Education Officer fail to complete the membership form for a relevant complying superannuation fund, a fund nominated by the Director shall accept nominations by the
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Employing Authority without the Director’s signature. This action would only be taken to ensure fulfilment of the Employing Authority's legal obligation.
4.2.
Variation of Agreement This certified agreement may be varied in circumstances where all of the parties genuinely agree that a variation is necessary. Where agreement is reached then this agreement shall be varied by application to the Queensland Industrial Relations Commission in accordance with the provisions of the Industrial Relations Act 1999.
4.3.
No Further Increases There shall be no further wage increases during the life of this Agreement. The Agreement constitutes a closed Agreement in settlement of all matters for its duration. Further the union undertake that there will be no further claims which would alter labour costs for the life of the Agreement, beyond those envisaged by this agreement, as outlined in Clause 4.1
5.
EFFICIENCY AND EFFECTIVENESS INITIATIVES 5.1.
Classification of Administrative and Education Officers Upon appointment or upon establishment of the position, the position shall be classified by the Employing Authority in accordance with the attached salary classification scale.
5.2.
5.3.
5.4.
Increments 5.2.1
Once appointed to a level within the salary scale in the schedule as attached, an employee shall progress, subject to satisfactory performance by annual increments though the steps of that particular level.
5.2.2
An employee may be appointed to a position which has been classified at a higher level in terms of points and salary without having progressed through all steps within a lower level.
Higher Duties 5.3.1
Employees who are appointed, usually for over four consecutive weeks or more, to undertake the full duties and responsibilities of a position which is classified at a higher level in accordance with the salary scale set out the attached salary scale, shall receive the salary appropriate to that position.
5.3.2
Provided that the employee who is carrying out the higher duties shall be paid at the pay point appropriate to the acting position which is equal to or greater than the employee’s current rate of remuneration.
Terms of Engagement At the point of engagement the Employing Authority shall provide the employee with a letter of employment which sets out the terms of engagement stating, inter alia, the length of appointment, the position classification, the rate of salary as at appointment, a role description which sets out key function, result areas, and responsibilities of that role.
5.5.
Induction An induction program will be developed and implemented for all new staff. Such an induction program shall include: 5.5.1
Provision of a Role Description;
5.5.2
Identification of lines of support;
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5.6.
5.5.3
Provision of material relevant to the vision, values and mission of the Toowoomba Catholic Education Office;
5.5.4
Provision of documents relevant to the system’s policy and procedures;
5.5.5
Provision of information relevant to superannuation;
5.5.6
Provision of information relevant to Union coverage.
Deed of Confidentiality All employees of Toowoomba Catholic Education Office agree to freely sign an employees’ Deed of Confidentiality as developed and included as Schedule 3.
5.7.
5.8.
Professional Practice Review and Development 5.7.1
The Employing Authority and employees accept a shared responsibility for the negotiation of a program of relevant professional development linked to the professional practice performance review outcomes and the Vision, Values and Mission of Toowoomba Catholic Education Office.
5.7.2
In the context of the Values, Vision and Mission of Toowoomba Catholic Education Office, and consistent with professional practice performance review outcomes, the employer and employee shall determine and each year the employee shall undertake professional development. It is acknowledged that some of this professional development will occur during work time. It is expected however, that the employee shall also undertake professional development outside of working time.
5.7.3
Except where the Employing Authority sponsors, provides and/or pays for the professional development, the costs shall be met by the individual employee.
5.7.4
The Employing Authority recognises the values of employees gaining a better understanding of industrial relations within the Employing Authorities operations and in particular a better understanding of the instruments and industrial issues impacting upon the worklife of employees. As part of the Diocesan’s professional development program and consistent with professional development guidelines an employee shall be entitled to apply for leave to attend courses and seminars relevant to industrial relations training and specifically courses that take into consideration industrial workplace training.
Career Structures The Parties agree to give consideration to possibilities which enhance career advancement relevant to the operation of the Toowoomba Catholic Education Office and to identify issues relevant to any implementation of such structures.
5.9.
Workplace Health and Safety 5.9.1
The parties agree that the aims of efficiency and effectiveness can be advanced by implementing strategies to achieve healthier and safer jobs. The review of workplace health and safety procedures will continue and where necessary the provision of training to reduce the incidence and cost of occupational injury and illness will be provided.
5.9.2
During the life of this Agreement, the Workplace Health and Safety Representative shall continue to be established by election, consistent with the requirements of the Workplace Health and Safety Act 1995.
5.9.3
Employees elected to the role of Workplace Health and Safety Representative shall be elected to that position for a minimum period of three (3) years and shall have those duties recognised as part of their normal position description for the duration of the appointment.
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5.10.
Job Security The Parties agree that changes to work practices and productivity initiatives must be consistent with the operation of the Diocese of Toowoomba Catholic Education Office. The Parties further acknowledge that employees are a critical element in the improvement of quality service delivery. Arbitrary job reductions will not be pursued to secure the ongoing improvements in productivity and efficiency sought in accordance with the terms and conditions of this Agreement.
5.11.
Continuity of Employment 5.11.1 (a)
Absence from work on leave granted by the Employing Authority;
(b)
The employee having been stood down by the Employing Authority, or the employment having been terminated and such employee is re-employed within a period not exceeding three (3) months.
5.11.2
5.12.
The continuity of employment of an employee with the Employing Authority for sick leave accumulation purposes shall be deemed to be not broken by any of the following:
The period during which the employment of the employee with the Employing Authority shall have been interrupted or determined in any of the circumstances mentioned in subclause 5.11.1(a) shall not be taken into account in calculating the leave accruals of the employee with the Employing Authority.
Termination of Employment Excepting where otherwise agreed, notice of three (3) months shall be given by either party on the termination of employment of the employee. The period of notice shall not apply to any employee dismissed for gross misconduct.
5.13.
Anti-Discrimination It is the intention of the Parties to this Certified Agreement to achieve the principle objective of the Anti Discrimination Act by helping to prevent and eliminate discrimination.
5.14.
Equal Employment Opportunity Equal Employment Opportunity is a program whereby the Employing Authority seeks to ensure that policies on recruitment and promotion provide equal opportunity for all employees. To this end, all appointments and promotions shall be based on merit, skill and qualifications. Through an Affirmative Action Program, the Employing Authority shall endeavour to actively and continually identify and remove barriers that impede the achievement of Equal Employment Opportunity.
5.15.
New Work Practices As learning people, working within an educational setting it is acknowledged that new work practices are constantly evolving through educational and technological change and the introduction of new procedures. The Employing Authority provides a commitment to minimise the impact of new work practices on employees through a process of consultation and collaboration with employees. Employees are committed to the implementation of new work practices in accordance with the Objectives of this Agreement.
6.
LEAVE BENEFITS 6.1.
Paid Maternity Leave The Parties acknowledge the requirement of the Family Leave Award - State for employees to take a minimum of six (6) weeks leave from the date of giving birth. In recognition of this, the Employer agrees to a provision for up to six (6) weeks paid maternity leave from the date of taking leave. The Parties agree that paid maternity leave will be taken in accordance with the procedures outlined in Schedule 4.
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6.2.
Paid Adoption Leave The parties agree to the introduction of a provision for up to six (6) weeks paid Adoption Leave for the primary care giver from the date of placement of the adopted child. This leave will be taken in accordance with the provision of the Family Leave Award – State and agreed adoption leave procedures.
6.3.
Special Responsibility Leave – Paternity Leave The parties agree that male employees shall be entitled to five (5) days paternity leave. This leave shall be taken as Special Responsibility Leave in accordance with the provisions of the Family Leave Award. An employee will not be required to provide a medical certificate to support such leave. The period of leave may commence on the date of the birth of the child (if this is a work day) or on a later date nominated by the employee.
6.4.
Long Service Leave All employees will accumulate a Long Service Leave entitlement at the rate of 1.3 weeks per year of completed service. Employees who accumulate ten (10) years of continuous service, may access that entitlement to Long Service Leave on the accrual rate that they have. All employees will be able to access the second and subsequent pro-rata accrual of Long Service Leave following the initial accrual, after a further five (5) years.
6.5.
Sick Leave Provision The employing authority will grant a new employee, with at least twelve (12) months service with another Catholic employing authority in Queensland, an initial sick leave provision of eight (8) days, when that employee moves from one Catholic education employing authority in Queensland to another. Such provision shall only operate where the period between the date of termination with the former employer and the date of commencement with the new employer was no longer than three (3) months. Such provision will be in addition to sick leave accrued through service with the new employer. This provision will take effect from the operative date of this agreement.
6.6.
6.7.
Sick Leave Accrual 6.6.1
Every employee shall become entitled to not less than ten (10) days’ sick leave for each completed year of service with the Employing Authority. Provided that an employee engaged on a casual basis does not accrue and is not entitled to paid sick leave.
6.6.2
In respect to any completed period of employment of less than one year with the Employing Authority, an employee shall become entitled to one day’s sick leave for each 5.2 weeks of such period.
6.6.3
Sick leave is accumulative.
6.6.4
Part-time employees are entitled to sick leave on a pro-rata basis.
Sick Leave Notification Procedures 6.7.1
An employee who is absent from work due to illness shall be entitled to payment in full for all time absent from work in accordance with this Clause.
6.7.2
If the absence due to illness exceeds two (2) days, the employee shall be required to produce a certificate from a duly qualified medical practitioner specifying the nature of the illness and the period or approximate period during which the employee will be unable to work, or other evidence of illness to the satisfaction of the Employing Authority.
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6.7.3
6.8.
6.9.
6.10.
The employee shall promptly notify the Employing Authority of the illness and of the approximate period during which the employee will be unable to work.
Bereavement Leave 6.8.1
An employee, other than a causal, on the death of a wife, husband, father, mother, father-inlaw, mother-in-law, grandparent, brother, sister, child, step-child, grandchild, other family member or close family friend shall be entitled, on notice, to leave up to and including the day of the funeral of such relative and such leave shall be without deduction of pay for a period not exceeding the number of hours worked by the employee for two ordinary days of work.
6.8.2
Proof of such death shall be furnished by the employee to the satisfaction of the Employing Authority whenever required.
Annual Leave 6.9.1
Every employee shall become entitled to not less than twenty days’ annual leave for each completed year of service with the Employing Authority.
6.9.2
In respect to annual leave entitlements to which this Clause applies, payment for annual leave shall be calculated as follows:
(a)
the employee’s ordinary weekly salary rate as prescribed in Schedule 1 for the period of annual leave; and
(b)
a further amount calculated at the rate of 17 ½% of the amounts referred to in subclause (a) of this Clause.
Public Holidays All work done by any employee on Good Friday, Labour Day (the first Monday in May or other day appointed under the Holidays Act 1983, to be kept in place of that holiday), Christmas Day, the twenty-fifth day of April (Anzac Day), the first day of January, the twenty-sixth day of January, Easter Monday, the Birthday of the Sovereign, and Boxing Day, or any day appointed under the Holidays Act 1983, to be kept in place of any such holiday, shall be paid for at the rate of double time and a-half with a minimum of four hours. For the purposes of this provision, where the rate of wages is a weekly rate, "double time and a-half" shall mean 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 be paid for at an increased rate. Moreover, all work done by an employee in a district specified from time to time by the Minister by notification published in the Gazette or the Queensland Government 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 four hours.
6.11.
Leave Without Pay 6.11.1
Any employee who is granted leave of absence without pay to obtain further experience, training or qualifications, or who is granted special leave (eg. under the Family Leave Award State) shall not lose continuity of service for salary, sick and long service leave purposes.
6.11.2
The period of leave shall not by reason only of this provision be taken into account in calculating the period of service of the employee.
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7.
TRAVELLING AND EXPENSES 7.1.
Travelling Allowance Where an employee is required to travel in the course of employment, the Employing Authority shall meet all reasonable costs associated with that travel in accordance with the provisions of the Toowoomba Catholic Education Office Policy as amended from time to time.
7.2.
Provision of a Motor Vehicle Supply of motor vehicles will be as detailed in each Employment Contract.
7.3.
Recognition of Union Status The Employing Authority recognises the Union party to this Agreement as the legitimate industrial representatives of the employees according to the Union’s respective callings. The Employing Authority and the Union are committed to working constructively together to further the interests of education and specifically non-governmental education and the employees in this industry. Subject to agreement with the Union, the Employing Authority shall make available to all employees facilities for the payment of their union fees, either by payroll deduction, direct debit or other schemes as agreed. The operation of any such facility shall be dependent upon the appropriate authorisations being signed by the employee.
7.4.
Visits by Union Officials Twenty-four (24) hours notice of an impending visit to the Toowoomba Catholic Education Office shall be given by a Union Official. On planning a visit to the Toowoomba Catholic Education Office, the Union Official shall have due regard to the prior commitments of both the Toowoomba Catholic Education Office staff and Director. On arrival at the Toowoomba Catholic Education Office, a Union Official shall report his/her presence to the Director or person acting in the Director’s stead. If the Union Official is unknown to the Director, the official shall produce the authority issued by the Queensland Industrial Relations Commission. A Union Official shall enter the Toowoomba Catholic Education Office for the purpose of interviewing or conversing with staff who are members or potential members during the staff members' non-working time, ie. morning tea, lunch time and before or after work. The Union Official may interview and converse with members and potential members wherever they congregate, including the staff room. The Union Official shall enter only that part of the Toowoomba Catholic Education Office premises where members or potential members are present. The Unions party to this Certified Agreement acknowledge that the Time and Wages Records for employees are held at the Diocese of Toowoomba Catholic Education Office. It is agreed that such records may be inspected at this location by appointment during hours of business.
8.
NON-SALARY BENEFITS 8.1.
Salary Packaging for Superannuation Employees shall be permitted to elect to salary package into an approved superannuation fund, subject to compliance with the Industrial Relations Act 1999. Where the Employing Authority and individual employee agree an additional contribution may be made into a complying superannuation fund. This Agreement shall be subject to the following provisos:
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(a)
the fund(s) comply with the provisions of the Superannuation Industry (Supervision) Act 1993; (i)
Queensland Independent Education and Care
(ii)
Queensland Roman Catholic
(iii)
National Catholic
(iv)
MLC
(v)
Colonial Superannuation
(vi)
Australian Ecumenical Superannuation Fund
(b)
no fund shall be a personal fund;
(c)
the contribution shall be expressed as a dollar amount;
(d)
such salary packaging arrangements shall be available to all employees with the exception of casual employees and those employed on fixed term contracts for less than a school year;
(e)
the funds shall accept electronic funds transfer;
(f)
any arrangements as set out in this clause shall be at the employee’s request;
The parties acknowledge that within the limits prescribed in this clause the implementation of any salary packaging arrangement shall be at the discretion of the Employing Authority. The Administrative procedures are attached in Schedule 2.
8.2.
Salary Packaging 8.2.1
A salary packaging arrangement may be entered into by mutual agreement between the individual Education Officer and the Employing Authority. In such circumstances the value of the salary prior to packaging, excluding compulsory employer superannuation payments, shall not be less than the rates identified in clause 4.1. of this Certified Agreement.
8.2.2
Where mutually agreed that a Total Employment Cost (TEC) remuneration approach shall apply during the continuance of the appointment as Education Officer, the TEC shall be the sum of the base salary applicable at the Education Officers’ date of commencement in the position, leave loadings where such apply, locality allowances where they apply and superannuation payments being met by the Employing Authority at that date.
8.2.3
The Education Officers’ total remuneration package shall comprise a cash salary component and an agreed optional range of benefits financed by the Education Officer by salary sacrifice. The cash salary shall not be less than 50% of the Education Officers’ TEC less the appropriate Superannuation Guarantee Charge and any voluntary superannuation contributions.
8.2.4
The Education Officer does not pay income tax on the non cash benefits within the remuneration package, but shall pay any and every amount of the liability under present fringe benefits taxation incurred by the Employing Authority for the benefits provided to the Education Officer. All regulations set down by the Australian Taxation Office shall be followed by the Employing Authority.
8.2.5
The parties agree to review this remuneration process if and when there is significant change to existing tax laws.
8.2.6
The Education Officer may change the election of benefits once per school year. The composition of the remuneration package can be altered without affecting the other terms of the contract of employment as a Education Officer.
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9.
FUTURE RE-NEGOTIATION OF AGREEMENT 9.1.
Variation, Renewal or Replacement of Agreement Subject to satisfactory implementation of this Agreement the Parties agree to re-open negotiations by 1 March, 2003 with a view to negotiating a replacement Agreement. Further the Parties agree to monitor the implementation of the Agreement through the SBU and identify issues suitable for negotiation in a replacement agreement.
SCHEDULE 1 SALARY AND CLASSIFICATION SCALE TEACHERS’ AWARD – NON GOVERNMENTAL SCHOOLS Classification Fortnightly Annual 5/3/01 4/2/02 5/3/01 4/2/02 BAND 1 Step 1 $1,285.00 $1,323.90 $33,525 $34,540 Step 2 $1,321.30 $1,361.50 $34,472 $35,521 Step 3 $1,365.30 $1,407.20 $35,620 $36,713 Step 4 $1,411.80 $1,455.70 $36,833 $37,978 3 Year
Full Time (Hourly) 5/3/01 4/2/02
Casual 5/3/01 4/2/02
$21.4167 $22.0217 $22.7550 $23.5300
$22.0650 $22.6917 $23.4533 $24.2617
$28.85 $29.67 $30.65 $31.70
$29.73 $30.57 $31.60 $32.68
Trained
BAND 2 Step 1 Step 2 Step 3 Step 4 Step 5
$1,450.90 $1,531.40 $1,611.40 $1,692.00 $1,772.60
$1,496.20 $1,579.30 $1,661.90 $1,744.90 $1,828.10
$37,853 $39,953 $42,040 $44,143 $46,246
$39,035 $41,203 $43,358 $45,523 $47,694
$24.1817 $25.5233 $26.8567 $28.2000 $29.5433
$24.9367 $26.3217 $27.6983 $29.0817 $30.4683
$32.58 $34.38 $36.18 $37.99 $39.80
$33.59 $35.46 $37.31 $39.18 $41.05
BAND 3 Step 1 Step 2 Step 3 Step 4
$1,839.80 $1,907.30 $1,974.30 $2,045.60
$1,897.40 $1,967.00 $2,036.10 $2,109.60
$47,999 $49,760 $51,508 $53,368
$49,502 $51,318 $53,120 $55,038
$30.6633 $31.7883 $32.9050 $34.0933
$31.6233 $32.7833 $33.9350 $35.1600
$41.31 $42.82 $44.33 $45.93
$42.60 $44.16 $45.72 $47.37
4 Year
Trained
BAND 2 Step 1 Step 2 Step 3 Step 4 Step 5
$1,450.90 $1,531.40 $1,611.40 $1,692.00 $1,772.60
$1,496.20 $1,579.30 $1,661.90 $1,744.90 $1,828.10
$37,853 $39,953 $42,040 $44,143 $46,246
$39,035 $41,203 $43,358 $45,523 $47,694
$24.1817 $25.5233 $26.8567 $28.2000 $29.5433
$24.9367 $26.3217 $27.6983 $29.0817 $30.4683
$32.58 $34.38 $36.18 $37.99 $39.80
$33.59 $35.46 $37.31 $39.18 $41.05
BAND 3 Step 1 Step 2 Step 3 Step 4
$1,839.80 $1,907.30 $1,974.30 $2,045.60
$1,897.40 $1,967.00 $2,036.10 $2,109.60
$47,999 $49,760 $51,508 $53,368
$49,502 $51,318 $53,120 $55,038
$30.6633 $31.7883 $32.9050 $34.0933
$31.6233 $32.7833 $33.9350 $35.1600
$41.31 $42.82 $44.33 $45.93
$42.60 $44.16 $45.72 $47.37
ALLOWANCES Annual
Fortnightly 5/3/01
4/2/02
5/3/01
4/2/02
Leading Teacher
$85.14
$87.80
$1,681
$2,291
MODERATION 2 Teachers 1 Teacher
$18.99 $12.82
$19.58 $13.22
$495 $334
$511 $345
SECONDMENT ALLOWANCE First Year Second Year Third Year
$63.37 $78.65 $94.28
$65.35 $81.11 $97.23
$1,653 $2,052 $2,460
$1,705 $2,116 $2,537
OVERTIME (Per Hour)
$14.20
$14.64
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SCHOOL COUNSELLORS AND SPECIAL EDUCATION CONSULTANTS (TEACHERS) Classification Fortnightly Annual Full Time (Hourly) 5/3/01 4/2/02 5/3/01 4/2/02 5/3/01 4/2/02 Primary 1st Year of Service $2,201.20 $2,270.10 $57,428 $59,225 $36.6867 $37.8350 2nd Year of Service $2,271.70 $2,342.80 $59,267 $61,122 $37.8617 $39.0467 3rd Year of Service $2,342.20 $2,415.50 $61,106 $63,019 $39.0367 $40.2583 Secondary 1st Year of Service 2nd Year of Service 3rd Year of Service
$2,201.20 $2,271.70 $2,342.20
$2,270.10 $2,342.80 $2,415.50
$57,428 $59,267 $61,106
$59,225 $61,122 $63,019
$36.6867 $37.8617 $39.0367
$37.8350 $39.0467 $40.2583
Casual 5/3/01 4/2/02 $49.42 $51.01 $52.59
$50.97 $52.60 $54.23
$49.42 $51.01 $52.59
$50.97 $52.60 $54.23
POSITIONS OF SENIOR ADMINISTRATION AND OF ADDED RESPONSIBILITY INDUSTRIAL AGREEMENT Fortnightly Annual Position 5/3/01 4/2/02 5/3/01 4/2/02 Middle Management Allowances PAR Level 1 $85.13 $87.79 $2,221 $2,290 PAR Level 2 $155.66 $160.53 $4,061 $4,188 PAR Level 3 $226.11 $233.18 $5,899 $6,084 PAR Level 4 $296.60 $305.26 $7,738 $7,964 Senior Administration Salary AP Level 1 AP Level 2 AP Level 3
$2,343.60 $2,402.60 $2,459.00
$2,416.91 $2,477.75 $2,535.92
$61,143 $62,682 $64,154
$63,055 $64,643 $66,160
Deputy Principals DP First Year DP Second Year DP Third Year DP Fourth Year DP Fifth Year
$2,402.60 $2,459.00 $2,520.60 $2,582.50 $2,646.90
$2,477.75 $2,535.92 $2,599.44 $2,663.28 $2,729.70
$62,682 $64,154 $65,761 $67,376 $69,056
$64,643 $66,160 $67,818 $69,483 $71,216
OFFICE STAFF SALARY SCALE (Agreed by Diocesan Finance Board 27 March 2001, effective from 1 April 2001) Position Step
Education Officer
Senior Education Officer
1 2 3 4 1 2 3 4
Annual Salary 5/3/01 4/2/02 $62,959.65 $65,666.86 $68,374.07 $71,081.28 $73,789.57 $77,338.40 $80,886.16 $84,434.99
$64,929.41 $67,721.31 $70,513.22 $73,305.13 $76,098.15 $79,758.00 $83,416.76 $87,076.62
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SCHEDULE 2 ADMINISTRATIVE PROCEDURES FOR SALARY PACKAGING TO SUPERANNUATION 1.
On receipt of a signed packaging agreement from the Employee the Employer will apply a total employment cost (TEC) remuneration approach to pay the Appointee during the continuance of this appointment or until the package arrangements cease.
2.
The terms of the arrangement shall be committed to writing and signed by the Employer and Employee.
3.
A copy of the signed arrangement must be held by the Employer and a copy provided to the Employee.
4.
The Employee's TEC will be the sum of the base salary applicable at the Employee's date of commencement of the agreement, leave loadings where such apply, locality allowances where they apply and superannuation payments being met by the Employer at that date.
5.
The Employee's total remuneration package will comprise a cash salary component and the agreed superannuation contribution financed by the Employee by way of salary sacrifice.
6.
The Employee does not pay income tax on the non-cash benefits within the remuneration package, but will package an amount equivalent to any and every amount of the liability under present fringe benefits taxation incurred by the Employer for the benefits provided to the Appointee. All regulations set down by the Australian Taxation Office will be followed by the Employer.
7.
Such arrangements may only be altered once per annum. Normally this will mean that arrangements will be in place for the first pay period of the year and remain in place for 12 months.
8.
The parties to the contract agree to review this remuneration process if and when there is significant change to existing tax laws.
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SCHEDULE 3 EMPLOYEE’S DEED OF CONFIDENTIALITY This deed is made the ……………………….. day of ……………………….. 19…... BETWEEN: [name] of [address] (‘the employee’)
AND: [name] of [address] (‘the employer’) 1.
2.
3.
Confidentiality 1.1.
Subject to Clause 5, the employee shall treat as confidential all information disclosed to the employee or made known to the employee during the course of or the purposes of the employee's employment by the employer ('the confidential information').
1.2.
Without limiting the generality of the preceding clause, the confidential information includes employee files, computer files and information, sensitive information about the current or future employment of employees and all other information designated as confidential by the employer.
Termination of Employment 2.1.
Immediately on termination of the employee's employment with the employer, the employee shall deliver to the employer all documents in any way relating to the confidential information which are then in the employee's possession.
2.2.
The operation of this deed shall survive the termination of the employee's employment with the employer and should it be later revealed that the employees has not returned all of the employer's property or has breached any of the terms of this deed the employer can take legal action against the employee which may result in the employee having to pay the employer damages.
Prohibition on Use or Disclosure 3.1.
Without limiting the generality of the second clause, the employee shall not:
3.2.
use or disclose or authorise the use or disclosure of the confidential information to any person or company without the prior consent in writing of the employer. (a)
4.
now or in the future, either for himself/herself or any third party, appropriated, copied, memorised or in any manner reproduced any confidential information which is the property of the employer which includes but is not limited to any documentation or information received or developed by the employer or by the employee in the course of employment which is not publicly available and relates to processes, equipment and techniques used by the employer and the course of the employer’s business including but not limited to designs, technical data and marketing information such as customer/employees lists, financial information and business plans.
Third Parties 4.1.
If the employee is employed or engaged in the education sector after termination of his employment with the employer, the employee shall inform all parties who engage or employ with employee of the fact of this agreement.
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5.
Exclusions 5.1.
The employee is not bound to treat information as confidential under this deed: (a)
where such information is generally known within the education sector;
(b)
where it would be unconscionable to require the employee to treat such information confidentially, as the term ‘unconscionable’ is defined in s52A of the Trade Practices Act 1974 (cth);
(c)
where it would be invalid restraint of trade under the law governing this deed to require the employee to treat such information confidentially.
EXECUTED AS A DEED
SIGNED by the said of (employer) this day of in the presence of:
) ) ) )
[Signature of witness]
SIGNED by the said of (employee) this day of in the presence of:
[Signature of witness]
) ) ) )
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SCHEDULE 4 PROCEDURES FOR PAID MATERNITY LEAVE 1.
PAID MATERNITY LEAVE Female employees shall be entitled to six weeks paid Maternity leave in accordance with the provisions of this clause as from 1 June, 2001.
2.
3.
4.
INTERACTION WITH THE FAMILY LEAVE AWARD 2.1
The provisions of the Family Leave Award apply to employees covered by this Agreement.
2.2
The period of paid leave shall be deemed to be the first six weeks of the leave taken by the employee, provided that the period of paid leave will not include any school vacation time.
ELIGIBILITY FOR PAID LEAVE 3.1
Employees who have at least one year’s continuous service with the employer shall be entitled to paid maternity leave.
3.2
Fixed period employees who are eligible for Maternity Leave will be entitled to either six weeks paid maternity Leave or, in the case where the remainder of the contract is less than six weeks, payment until the expiration of the contract;
3.3
Where the contract period of a fixed period employee ends during the period of maternity leave, that employee will not be entitled to have this contract period extended, nor will she be guaranteed a position to return to following the completion of Maternity Leave;
3.4
Where an employee is on maternity leave and successfully applies for a subsequent period of maternity leave, that employee will be entitled to a further six weeks paid maternity leave payable from the date of confinement of the subsequent child.
3.5
Where an employee is on an extended period of leave without pay, and that employee becomes pregnant, no entitlement to paid maternity leave would accrue.
PAYMENT FOR LEAVE 4.1
The employee shall receive payment based on her normal average weekly earnings for the six weeks immediately preceding the date upon which she proceeds on leave;
4.2
The employee may request, and the employer may agree, that the payment for the period of paid maternity leave will be made at the time of commencing such leave. Where agreement is not reached, the employee shall be paid in accordance with the normal fortnightly pay cycle.
4.3
(a)
Where an employee has received payment in advance for the period of paid maternity leave at the time of commencing leave, and the pregnancy subsequently results in a miscarriage or stillbirth, the employee shall be entitled to retain such payment, subject to the employee remaining on leave for a minimum of six weeks;
(b)
Where an employee is paid in accordance with the normal fortnightly pay cycle, and the pregnancy subsequently results in a miscarriage or a still birth, the employee shall be entitled to remain on paid maternity leave for the six week period;
4.4 5.
Paid Maternity Leave will be taken as one period and cannot be broken into smaller periods of leave.
PAID MATERNITY LEAVE AND OTHER ENTITLEMENTS 5.1
The period of paid Maternity Leave shall count as service for all purposes;
5.2
The period of paid Maternity Leave shall be exclusive of school vacation periods. For example, where a period of paid maternity leave coincides with a paid school vacation period the employee is entitled to be
28
paid for the vacation period and the maternity leave. However, where the paid maternity leave actually taken is less than six weeks, the employee shall only be entitled to be paid for the leave taken. 5.3
The period of paid Maternity Leave shall be inclusive of Statutory Holidays that may fall within the period;
5.4
In accordance with the Family Leave Award – State, provided that the aggregate of leave does not exceed 52 weeks, an employee may, in lieu of, or in conjunction with Maternity Leave, take other forms of leave including long service leave which has fallen due, annual leave (if applicable) or paid school vacation periods (if applicable). The period of paid Maternity Leave shall form part of the aggregate of 52 weeks.
5.5
Except as provided by the Family Leave Award, paid sick leave or other paid authorised award absences (excluding annual leave or long service leave) shall not be available to an employee during her absence on Paid Maternity Leave.
Attachment B I, Christopher Russell Seymour, the deponent, of 117 Fortescue Street, Spring Hill, Queensland make oath as follows –
1. I am the Assistant General Secretary of Queensland Independent Education Union and I am authorised under the Act and rules to make this affidavit.
2. The agreement, attachment A is not a project agreement. 3. The agreement is made with one employee organisations. 4. The full names and addresses of the employee organisations are – Queensland Independent Education Union 117 Fortescue Street SPRING HILL QLD 4000
5. The employer, The Corporation of the Roman Catholic Diocese of Toowoomba, 73 Margaret Street, Toowoomba Queensland 4350 is in the Education Industry.
6. The name of the relevant Award is the Teachers’ Award – Non-Governmental Schools 7. The address at which the employees to be covered by the agreement is at 5 above. 8. The number of female employees to be covered by the agreement is 15. 9. The number of male employees to be covered by the agreement is 10. 10. The number of apprentices to be covered by the agreement is nil. 11. The number of trainees to be covered by the agreement is nil. 12. The name and address of the employer to be bound by the agreement is 73 Margaret Street, Toowoomba Qld 4350.
13. This Certified Agreement is not a project Agreement. 14. The person who negotiated the agreement were: Mr Greg McGhie, Organiser, Queensland Independent Education Union Ms Carmel Willey, Payroll Officer, Toowoomba Catholic Education Office Mr Paul Watkin, Education Officer – Information Technology, Toowoomba Catholic Education Officer Ms Kate O’Neill, Education Officer – Curriculum, Toowoomba Catholic Education Officer Ms Muriel Hannah, Administrative Assistant, Toowoomba Catholic Education Office Ms Kylie Graham, Payroll Officer, Toowoomba Catholic Education Office Ms Catherine Foley, Education Officer – Curriculum, Toowoomba Catholic Education Office Mr Patrick Dwan, Education Officer – Workplace Health and Safety, Toowoomba Catholic Education Office Mr Terry Sheely, Education Officer – Staffing and Promotion, Toowoomba Catholic Education Office Mr Chris Fry, Senior Education Officer – Secondary, Toowoomba Catholic Education Office on behalf of the employees
Ms Margaret Hendriks, (Acting Director for a period), Toowoomba Catholic Education Office Mr Bill Sultmann, Director, Toowoomba Catholic Education Office Mr Kevin Cuddihy, QCEC Secretariat, QCEC on behalf of the employer
30
15. The average percentage by which the
wages of the employees to be covered by the agreement will increase under the agreement compared with wages before the agreement is 3.1%.
16. The wages of the employees to be covered by the agreement will not decrease. 17. The nominal expiry date of the agreement is 31 May, 2003. 18. The steps taken to ensure compliance with section 143 of the Act were that QIEU advised the other proposed parties to the Agreement and that it was our intention to negotiate an Agreement. Negotiations did not commence until at least 14 days after this advice was given.
19. The steps taken to ensure compliance with section 144 were that employees were provided with a copy of the proposed agreement more than 14 days before the ballot and were provided with an explanation regarding the affects of the proposed agreement. The results of the ballot were 14 accepting the ballot, 1 rejecting and nil informal and 10 non returns.
20. The Certified Agreement is not a project Agreement 21. To the best of my knowledge the employer did not coerce, or attempt to coerce, any relevant employee not to make a request to a relevant employee organisation to be represented by the employee organisation in negotiating with the employer about the agreement.
22. To the best of my knowledge the employer did not coerce, or attempt to coerce, any relevant employee into withdrawing a request made by the employee to a relevant employee organisation for the relevant employee organisation to represent the employee in negotiating the agreement.
23. The Certified Agreement is made with one employee organisation. 24. The procedures for preventing and settling disputes are set out in clause 2.2.
I swear that the facts set out above are true. Deponent SWORN by the deponent at 117 Fortescue Street, Spring Hill on this before me
day of November, 2001