AG817148 PR920348 AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION Workplace Relations Act 1996 s.170LS Agreement about industrial dispute (Division 3) Independent Education Union of Australia and Australian Liquor, Hospitality and Miscellaneous Workers Union and Yipirinya School Council Incorporated (AG2002/2460)
YIPIRINYA SCHOOL (NORTHERN TERRITORY) AGREEMENT 2001 Various employees DEPUTY PRESIDENT HAMPTON
Northern Territory ADELAIDE, 19 JULY 2002
CERTIFICATION OF AGREEMENT In accordance with section 170LT of the Workplace Relations Act 1996, the Commission hereby certifies the attached written agreement. This agreement shall come into force on and from 19 July 2002 and shall have a nominal expiry date of 31 December 2002. BY THE COMMISSION: DEPUTY PRESIDENT Printed by authority of the Commonwealth Government Printer <Price code 70> Part 1 - Application arid operation of Agreement 1.
1.1 This Agreement shall be known as the Yipirinya School (Northern Territory) Agreement 2001 2
This Agreement is indexed as follows:
1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48
AGREEMENT TITLE ARRANGEMENT INCIDENCE OF AGREEMENT AREA AND SCOPE PARTIES BOUND BY AGREEMENT RELATIONSHIP TO PREVIOUS AWARDS AND CONTRACTS OF EMPLOYMENT (PREVIOUSLY CLAUSE 7) PRINCIPLES GOVERNING THE OPERATION OF THIS AGREEMENT (PREVIOUSLY CLAUSE 8) DEFINITIONS INTRODUCTION OF CHANGE AVOIDANCE OF INDUSTRIAL DISPUTES PROCEDURE BOARDS OF REFERENCE MANAGING POOR PERFORMANCE TERMINATION OF EMPLOYMENT REDUNDANCY DIRECTION TO PERFORM WORK CONTRACT AND CATEGORIES OF EMPLOYMENT CLASSIFICATION AND WAGE RATES SERVICE INCREMENTS PAYMENT OF WAGES ON CALL ALLOWANCE BILINGUAL QUALIFICATION ALLOWANCE SUPERANNUATION ACQUISITION OF AN APPROVED ADDITIONAL QUALIFICATION ORDINARY HOURS OF WORK (NON TEACHING STAFF) ORDINARY HOURS OF WORK (TEACHING STAFF) CALL BACK ANNUAL LEAVE ANNUAL LEAVE LOADING STAND DOWN SICK LEAVE CEREMONIAL LEAVE BEREAVEMENT LEAVE SPECIAL/COMPASSIONATE LEAVE JURY SERVICE LEAVE LONG SERVICE LEAVE LEAVE WITHOUT PAY PUBLIC HOLIDAYS PARENTAL LEAVE TRAVELLING AND CAMPING ALLOWANCE USE OF VEHICLE PROFESSIONAL DEVELOPMENT AND TRAINING STUDY LEAVE TRADE UNION TRAINING OCCUPATIONAL HEALTH AND SAFETY HEALTH AND SAFETY COMMITTEE ACCOMMODATION AND CONVENIENCES TIME RECORDS (NON EDUCATION STAFF) POSTING OF AGREEMENT
1 1 3 3 3 3 3 5 11 12 13 14 18 19 21 22 24 24 25 26 26 26 27 27 28 28 28 30 30 32 33 34 34 34 35 35 35 36 36 36 37 38 38 38 39 39 40 40
49 50 51 52
RIGHT OF ENTRY UNION MEETINGS JOB DELEGATES FAMILY LEAVE
40 41 42 42
SCHEDULE A 1 2 3 4
MATERNITY LEAVE PATERNITY LEAVE ADOPTION LEAVE PARENTAL LEAVE AND PART-TIME WORK
45 49 53 57
FRAMEWORK FOR WORK ORGANISATION AND TEACHER WORKLOADS FOR YIPIRINYA SCHOOL RATES OF PAY NON EDUCATION STAFF
RATES OF PAY EDUCATION STAFF
DECLARATION AND SIGNATORIES
SCHEDULE B SCHEDULE C SCHEDULE D -
3 Incidence of Agreement 3.1 This Agreement shall come into force from 1 January 2001 and shall continue in force until 31 December 2002. 3.2 All the parties to this Agreement recognise the need to redevelop the structure of the next Agreement and in the interim agree to negotiate such changes on an ongoing basis throughout 2002. 3.3 Final negotiations will commence not later than the second week of semester 2, 2002 to develop a new agreement, to take effect on 1 January 2003. 4
Area and Scope
4.1 This Agreement shall govern the wages and conditions of employment of all employees of Yipirinya School Council Incorporated. 5
Parties Bound by Agreement
5.1 This Agreement shall be binding upon the Yipirinya School Council Incorporated in respect of all employees of Yipirinya School, the Australian Liquor, Hospitality and Miscellaneous Employees Union and the Independent Education Union and their officers and members. 6 Relationship to Previous Awards and Contracts of Employment (previously clause 7)
6.1 This Agreement shall supersede all previous agreements binding on the parties, but no rights, obligations or liabilities incurred or accrued under those contracts of employment or agreements shall be reduced or limited by such supersession. 6.2 This clause shall not operate so as to reduce any condition of employment provided to any employee or to which any employee was entitled prior to the commencement of this Agreement that exceeds the conditions prescribed by this Agreement, and no employee shall have any condition of employment reduced on account of the making of this Agreement. 7 Principles Governing the Operation of This Agreement (previously clause 8) The following principles shall govern the interpretation of this Agreement: 7.1
7.1.1 Yipirinya School Council Incorporated is an independent, Aboriginal controlled and owned Organisation. The parties agree that this Agreement should intersect with and reflect the outcomes of the current review of the organisational structure of Yipirinya School, the intention of which is to strengthen Yipirinya's two way school philosophy and to provide an excellent standard of teaching and learning. If as a result of the review and restructure new positions are created Council will benchmark the salaries against those which require the same levels of skill, qualifications and responsibility as are required in the current Northern Territory Teaching Service Agreement. Such positions will be sealed in accordance with the provisions of this Agreement. 7.1.2 Provisions in this Agreement shall promote the two-way school philosophy 7.1.3 Provisions in this Agreement shall ensure that appropriate respect and consideration are given to traditional cultural, social and religious systems practised by Aboriginal Australians; and that support is given to strengthen traditional cultural practices and identity. 7.1.4 Provisions in this Agreement shall be enabling mechanisms for Aboriginal self-determination and for Aboriginal empowerment; that community and staff development, along with the transfer of job skills and information, is an integral part of every job, designed to increase Aboriginal knowledge, independence and self
sufficiency; and to ensure that Aboriginal employment and participation at all levels of work activity are encouraged and fostered. 7.1.5 Yipirinya School Council Incorporated is predominantly resourced through systems of financial grants provided through Commonwealth and State governments, and as such, is dependent upon Government for adequate levels of funding to ensure the maintenance of community infrastructure, staffing levels and conditions of employment. 7.1.6 Yipirinya School Council is the highest policy and decision making body of the organisation. All employees shall ensure that Council members have access to quality information for their policy and decision making functions 7.1.7 Selection and recruitment of all employees must be based upon a proper assessment of merit and capacity to do the job. All employees shall be treated fairly and consistently and shall be provided with safe and healthy working conditions. 7.1.8 All employees shall encourage and foster the implementation of Aboriginalisation of all positions. 7.1.9 That non-Aboriginal employees are employed on two-year contracts, extension of which shall be subject to mutual agreement between Council and employee. 7.1.10 Provisions in this Agreement are intended to build and strengthen a cooperative working environment that enhances the quality of teaching and learning in Yipirinya. 7.2 Principles of Management The following principles of personnel management shall also be observed: 7.2.1 Aboriginal employment and participation at all levels of work activity shall be encouraged and fostered. 7.2.2 The selection of all staff shall be based upon a proper assessment of merit and capacity to do the job. 7.2.3 No power with regard to personnel management shall be exercised on the basis of personal interest, nepotism or patronage. 7.2.4 Employees shall be treated fairly, consistently and with respect and shall not be subjected to arbitrary or capricious administrative acts.
7.2.5 Employees' shall be provided with safe and healthy working conditions. 8 Definitions 8.1 The following definitions and qualifications shall apply: 8.1.1 CHILD CARE WORKER LEVEL 1 shall mean an employee who is an unqualified child care worker. Duties would include some or all of the following: * implement the early childhood program under supervision; * implement daily routines; * ensure the health and safety of the children in care; * give each child individual attention and comfort as required; * work in accordance with the licensing requirements under the Act; * understand and work accordingly to the centre or service's policy. A Child Care Worker Level I shall also include a worker (other than the Co-ordinator) in an Adjunct Care Service. 8.1.2 CHILD CARE WORKER LEVEL 2 means an employee who has completed a twelve month introductory child care course conducted by TAFE or a course which is recognised as equivalent under the Act. Alternatively this employee shall possess, in the opinion of the employer, sufficient knowledge and experience to perform the duties at this level. Duties would include some or all of the following: * any of the duties listed for a Child Care Worker Level 1 * assist in the preparation and implementation of programs suited to the needs of individual children and groups; * be responsible for reporting observations of individual children or groups for program planning purposes; * under direction, undertake work with individual children with particular needs. A Child Care Worker Level 2 shall also include the Coordinator of an Adjunct Care Service where the Act does not require the Co-ordinator to hold any qualifications. 8.1.3 CHILD CARE WORKER LEVEL 3 means an employee who holds a TAFE Child Care Certificate or equivalent qualification which is recognised under the Act.
Duties would include some or all of the following: * work as the person in charge of a group of children in the age range 2 to 12 years; * develop, plan, implement and evaluate a developmental program under the supervision of the Director or Child Care Worker Level 5; * co-ordinate and direct the activities of unqualified workers engaged in the implementation of programs and activities in a group setting; * liaise with parents; * ensure a safe environment is provided for the children; * ensure that records are maintained and are up to date concerning each child in their care; * develop, implement and evaluate daily routines; * be responsible to the Director for the assessment of students on placement; * ensure the Centre or Service's policies are adhered to. A Child Care Worker Level 3 shall also include a field worker who supervises family day care providers and who does not hold formal qualifications. 8.1.4 CHILD CARE WORKER LEVEL 4 means an employee who holds a TAFE Advanced Certificate or Associate Diploma in Child Care, or the Child Care Certificate together with that portion of the Associate Diploma referred to as the neonatal component, or an equivalent qualification which is recognised under the Act. Duties would include some or all of the following: * any of the duties of a Child Care Worker Level 3; * work as the person in charge of a group of children in the age range from-birth to 12 years; * take responsibility in consultation with the Director for the preparation, implementation and evaluation of a developmental program for individual and groups of children in care; * co-ordinate and direct the activities of workers engaged in the implementation and evaluation of developmental programs and activities in a group setting; * contribute, through the Director, to the development of the centre or services policies; Alternatively this person may hold the same qualifications as set out for a Child Care Worker Level 3 but undertake additional responsibilities such as the co-ordination of the activities of more than one group of children; general supervision of workers; assisting in centre or service administrative functions.
A Child Care Worker Level 4 shall also include a field worker who supervises family day care providers and holds a minimum qualification of a TAFE Child Care Certificate and has at least two (2) years experience in the industry. 8.1.5 CHILD CARE WORKER LEVEL 5 means an employee who holds as a minimum the TAFE Advanced Certificate 8.1.6 DIRECTOR LEVEL 1 means an employee who is a Coordinator in charge of a child care centre or service, and who is qualified in accordance with the Act. The Director would be responsible for the overall administration of the centre or service. Duties would include some or all of the following: * recruit staff in consultation with the management of a centre or service; * keep day to day accounts and handle clerical matters; * ensure that the centre or service adheres to all relevant regulations; * formulate and evaluate annual budgets in liaison with relevant authorities where necessary; * develop, plan and supervise the implementation of educational and/or developmental programs for the children in their centre/service; * ensure that submissions for funding to the relevant authorities are made and monies received; * ensure that Government guidelines on access to centres or services are adhered to; * liaise with management committees or proprietors as appropriate. A Director Level 1 will be employed to manage a child care centre or service or Out of School Hours Service of no more than 39 places. A Director Level 1 shall also include an employee who manages a Family Day Care Scheme of no more than 30 Family Day Care providers. 8.1.7 DIRECTOR LEVEL 2 this employee would have the same duties as a Director Level 1, however they will be employed to manage a child care centre or service or Out of School Hour service with between 40-59 places. A Director Level 2 shall also include an employee who manages a Family Day Care Scheme with between 30-60 Family Day Care providers. 8.1.8 DRIVER this employee would be employed specifically to perform the functions of driving the school bus for the purposes of student pick up and set down,
excursion transport as required and general pick up and delivery duties required for the operation of the school. 8.1.9 HANDY PERSON would be responsible to perform repairs, maintenance and project work not requiring formal trade qualifications. 8.1.10 GROUNDSPERSON this employee is responsible for the upkeep of all aspects of the school grounds including, lawn and garden maintenance, removal of waste material and litter, maintenance of paths and walkways and the general upkeep and good presentation of the school. The functions of the Groundsman shall not include pest/vermin control through the use of chemicals, or construction of, or repair to, school building structures or walkways. The groundsman may assist the handyman or trade qualified contractors as required 8.1.11 CLEANER means a person that is employed to perform, using school equipment, cleaning tasks including maintaining premises in a clean condition on a day to day basis, periodic floor resurfacing and sealing, ordering of materials required for performance of duties 8.1.12 EDUCATION OFFICERS will mean those employees appointed to either classrooms, administration or building and operational roles in schools. The parties agree that there will be a review of the classification structure and its operation for education officers during the term following agreement between the parties to this Agreement. The outcomes agreed from that process will become part of this Agreement and remain in force for the life of the Agreement. 8.1.13 EDUCATION OFFICER LEVEL I shall mean an employee who performs under direction and supervision and performs routine tasks in classrooms, language and culture centre, administration or building operations. 8.1.14 EDUCATION OFFICER LEVEL 2 shall mean an employee who in association with a professional officer or manager, either contributes to the planning, resourcing, implementation and evaluation of education programs, develops and assists in the delivery of language and cultural programs, or performs a range of tasks including the provision of secretarial services, bookkeeping, implementation of effective administrative procedures and practices. Level 2 position while not in anyway limiting the generality of these criteria, may be given such titles as special education assistant, library assistant, laboratory
assistant, school clerk, finance clerk, school secretary, sports officer or vernacular teacher. 8.1.15 EDUCATION OFFICER LEVEL 3 shall mean an employee who is required to exercise a high degree of autonomy in priority setting and in methods of approach to task completion. There may be supervision of one or two other school officers, and/or the delegated responsibility of control and application of material resources within the area of action. Level 3 positions, while not in anyway limiting the generality of these criteria, may be titled library technician, home liaison officer, senior sports officer, finance clerk, school secretary or laboratory technician. 8.1.16 EDUCATION OFFICER LEVEL 4 shall mean an employee who performs functions involving the management of the Language and Cultural Centre and the supervision of other education officers. Appointments to level 4 will be made on consideration of formal qualifications and skills accrued through experience. While not in anyway limiting the generality of these criteria, level 4 positions may bear such titles as office manager, school administrative officer, vernacular facilitator or production supervisor. Positions requiring the exercise of professional skills will be remunerated through placement on the teacher scale at a point commensurate with the academic qualifications held by the employee and length of experience in the relevant field. 8.1.17 TEACHER means a teacher employed full-time, parttime, temporarily or casually, at the school, to assist the principal in the work of the school and is herein referred to as a "teacher" 8.1.18 PART-TIME TEACHER means a teacher who is engaged to work regularly but for less than a full school week. 8.1.19 CASUAL RELIEF TEACHER means a teacher employed on a casual day to-day basis as required to relieve a teacher absent from duty or because of a short term staffing need for up to and including 20 consecutive school days in any one engagement. There shall be a minimum payment of three hours for each day so employed in accord with clause 16.5.1.
8.1.20 CONTRACT TEACHER is a teacher employed for a specified period of time on either a full-time or part-time basis, the terms and conditions for which shall be agreed in writing and signed by both parties. The basis for such a defined contract could be: * to undertake a specified project for which funding is available * to undertake a specified project which has a limited period of operation * to replace a teacher whose employment has terminated after the commencement of the school year and no permanent teacher is available * filling the position of a specified teacher who is on nominated leave from the school * a teacher employed in accordance with clause 7.1.9 8.1.21 GRADUATE means a teacher who holds a relevant degree from a recognised university, college of advanced education, community college, or who holds an equivalent qualification. 8.1.22 TWO YEAR TRAINED TEACHER means a teacher who has completed less than the equivalent of 3 years of an approved training course (including teacher training) recognised by the Northern Territory Teaching Service or equivalent accrediting authority. Such a teacher shall commence at level T1 of the scale and progress to T5 of the scale on the basis of clause 17 of this Agreement. 8.1.23 THREE YEAR TRAINED TEACHER means a teacher who has completed the equivalent of three years of an approved training course (including teacher training) recognised by the Northern Territory Teaching Service or equivalent accrediting authority. Such a teacher shall commence at level T2 of the scale and progress to the top of the scale on the basis of clause 17 of this Agreement. 8.1.24 FOUR YEAR TRAINED TEACHER means a teacher who has completed the equivalent of four years of an approved training course (including teacher training) recognised by the Northern Territory Teaching Service or equivalent accrediting authority. Such a teacher shall commence at level T3 of the scale and progress to the top of the scale on the basis of clause 17 of this Agreement. 8.1.25 FIVE YEAR TRAINED TEACHER means a teacher who has obtained a degree from a recognised university which required a minimum of four years full-time study, and has, in addition, satisfactorily completed a Diploma of Education or an equivalent full-time course of training of at least one year at a recognised teacher training institution. Such a teacher shall commence at level T4 of
the scale and progress to the top of the scale on the basis of clause 17 of this Agreement. 8.1.26 TEACHER-LIBRARIAN means a trained teacher with librarianship qualifications such as would make that person eligible for registration as an associate of the Library Association of Australia (or equivalent qualifications). The teacher/librarian works as a resource teacher in liaison with other teachers in the school, and works as a librarian supervising library ancillary staff. A teacher librarian shall be paid according to their academic teacher qualification and years of experience. 8.1.27 VERNACULAR FACILITATOR means a locally recognised Aboriginal person, preferably a qualified teacher, employed to coordinate the work of the four different language groups in the school, including the Organisation of cultural visits and Country visits and who also has responsibility for the production of teaching materials for the use by vernacular teachers. A vernacular facilitator who is a trained teacher with these responsibilities shall be paid according to their academic teacher qualification and years of experience and the Bilingual Qualification Allowance at Level 2. A person without teaching qualifications shall be paid at Level 4 of the Education Officers scale of this Agreement on a step determined by the Council in consultation with the Principal on the basis of their qualifications, knowledge, skill and experience and the Bilingual Qualification Allowance at the appropriate level, as per clause 21. 8.1.28 CULTURAL PRINCIPAL means a locally recognised Aboriginal person, with a very full knowledge and understanding of Aboriginal language and cultural knowledge, who is able to advise the school on these matters. It is desirable the person holds teaching qualifications. A person with teaching qualifications appointed to this Position shall be paid according to their academic teacher qualification and years of experience and the Bilingual Qualification Allowance at Level 2. This position shall be generally paid at the equivalent of a Principal. 8.1.29 LIAISON OFFICER means a locally recognised Aboriginal person who is culturally knowledgeable, sensitive to the cultural needs of the community and the aims and objectives of Yipirinya School Council, and who can effectively communicate and liaise between the school and the community. This position shall generally be paid at least at Level 3 of the Education Officers' scale at a step determined by the Council in consultation with the Principal on the basis of their qualifications, skill and experience.
8.1.30 CURRICULUM CO-ORDINATOR means a four year trained teacher with sound knowledge of two-way education and understanding of cross cultural/bilingual issues whose role is to work with teachers and education officers to develop curriculum, to coordinate and implement curriculum plans, to organise and budget curriculum resources. Such a teacher shall be paid at the Curriculum Coordinators' rate in this Agreement which is comparable to that of a Teacher of Exemplary Practice, Level 1 under the NT Government Teaching Service Enterprise Agreement. 8.1.31 PRINCIPAL means a four year trained teacher acceptable to NT Department of Education standards with sound knowledge of human resource management, organisational behaviour and education administration. The salaries and conditions shall be at the discretion of the Council with reference to the Northern Territory Teaching Service Agreement for positions at, a similar level. 8.1.32 ADMINISTRATIVE ACCOUNTANT means a person who is a suitably qualified accountant to ensure effective delivery of administrative support to the school and its financial services. Such a person is to be paid at the salary level provided in this Agreement. 8.1.33 COUNCIL shall, for the purpose of this Agreement, mean the Yipirinya School Council Incorporated, its subsidiaries and successors. 8.1.34 UNION shall, for the purpose of this Agreement, mean the Australian Liquor, Hospitality and Miscellaneous Workers Union or the Independent Education Union. 8.1.35 COMMISSION shall mean the Australian Industrial Relations Commission. PART 2 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 9 Introduction of Change 9.1 The parties undertake to facilitate the introduction and process of change cooperatively by observing the following principles when substantial change is proposed: 9.2 Any major changes that are to be introduced that are likely to have significant effects on employees shall be formally discussed at the outset and then at appropriate and timely stages through the change process with the Union or Unions involved, and with their delegates and members at full meetings of the membership.
9.3 Major changes may include curriculum and program change, use of technology, organisational restructuring, three-year operations planning or any other changes in the composition, operation, size, or skills required of the workforce, in the location of work, in the hours of-work or in promotional opportunities or job security. 9.4 The discussions shall commence as early as practicable after a definite decision has been made by the Council to make such changes. The parties shall properly and adequately resource and facilitate meaningful discussions to ensure the process can be concluded within a reasonable time frame. 9.5 Council shall discuss with employees the reasons for changes, the nature of the changes to be introduced, and the effects the changes are likely to have on employees and the measures to be put in place to effectively manage the effects of changes. The Council shall not be required to disclose confidential information, the disclosure of which would be inimical to the Council's interest. 9.6 Fair and reasonable management principles will be observed, including fair and sensitive treatment and support facilities for displaced employees, prompt resolution of problems and grievances according to an established and agreed process and regard to the general well being of employees, including giving due attention to individual workloads. 9.7 Council shall give prompt consideration to matters raised by employees or the union regarding the changes to be introduced. 10 Avoidance of Industrial Disputes Procedure 10.1 General Grievances 10.1.1 As a general principle, every attempt shall be made to resolve a grievance in the first instance, by discussions between the individuals directly involved at the workplace, or the union and employer where the grievance is between the union and employer. This does not preclude the right of either party to seek advice from outside the workplace, nor does it necessitate such an approach where this is impractical. 10.1.2 Grievances or disputes shall be dealt with in accordance with the following: 10.1.3 In the event of a grievance or dispute arising at work an employee shall raise it with the supervisor and/or senior member of staff;
10.1.4 Any matter which has been fully discussed between an employee or employees and the supervisor or senior member of staff and is still in dispute shall be referred to the union delegate concerned; 10.1.5 Notwithstanding 10.1.1 hereof, an employee may refer the matter directly to the union delegate; 10.1.6 The union delegate shall then discuss the matter with the supervisor or senior member of staff concerned; 10.1.7 If the matter remains unresolved, the union delegate shall discuss it with the appropriate Council members; 10.1.8 If the matter remains unresolved the union delegate shall inform the organiser of the union, or other appropriate official of the union concerned, of the nature of the issue in dispute and discussions shall then be held between the union official and/or delegate(s) and the Council. Permission for the discussions between the parties as set out above shall not be unreasonably withheld. 10.1.9 If agreement has not been reached the matter may then be referred to the Australian Industrial Relations Commission for resolution; 10.1.10 While the above procedure is being followed work shall continue normally without interruption and all the parties will use their best endeavours to ensure that continuation; 10.1.11 No party shall be prejudiced as to final settlement by a continuance of work in accordance with 10.1.9 hereof 10.2 Safety Matters 10.2.1 Where a genuine safety issue arises an employee shall first raise it with his/her supervisor or school management who shall investigate the matter and determine if the equipment or area concerned complies with occupational health and safety regulations. If the equipment or area concerned are considered unsafe, all necessary steps to rectify the unsafe condition shall be taken. 10.2.2 Work shall continue in those areas that are considered safe and other staff may be relocated to these areas.
10.2.3 Nothing in this clause shall oblige an employee to perform work that is the subject of a genuine safety issue. 11 Boards of Reference 11.1 Boards of Reference are hereby constituted for the purpose of this Agreement for such place or places as may from time to time be determined. 11.2 Each Board of Reference shall consist of one representative of the relevant union and one representative of the Council with the addition of a chairperson who shall be the Industrial Registrar or the Deputy Industrial Registrar for the Northern Territory or a person appointed by the Industrial Registrar. 11.3 Three members, one of whom may be the chairperson, shall constitute a quorum. 11.4 Any person other than the chairperson appointed a member of a Board of Reference may appoint a substitute to act in his or her stead at any time. 11.5 The role and functions of a Board of Reference shall be: 11.5.1 To settle any dispute arising out of this Agreement. 11.5.2 To deal with any matter directed by this Agreement to be dealt with by a Board of Reference. 11.5.3 To meet as and when required and to sit at such times and places as the chairperson may from time to time determine. 11.6 A Board shall make its own rules of procedure and shall keep records of all matters for settlement and of the decisions thereon. All records and decisions of a Board shall be filed in the Commission as soon as practicable after the conclusion of the proceedings. 11.7 A decision of a Board of Reference may be reviewed and altered by a member of the Commission on the application of any party to this Agreement. 11.8 Notice of an application to review a decision of a Board of Reference shall be given to the chairperson of the Board within seven days of the decision and an application for review shall be lodged with the Registrar within 28 days of the decision.
11.9 A member of the Commission may extend the time for lodging an application for review. 11.10 In the event of the members of a Board of Reference not reaching a majority decision in respect of any matter the decision of the chairperson shall prevail. 11.11 Nothing in this clause shall limit the right of any party to apply for a variation or interpretation of this Agreement. PART 3 - COUNCIL AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 12 Managing Poor Performance 12.1 In the first instance, poor performance shall be dealt with through peer and other support and training/development processes with specified time frames set for identified improvement to be demonstrated. Normally, this would be expected to be a period of no more than one school term (10 weeks). 12.2 If identified performance improvements are not demonstrated, due process procedures as outlined in this clause shall be followed: 12.3 Counselling 12.3.1 Prior to any due process action being taken by Council against any employee, such employee will be counselled by their supervisor in relation to the matter, with a view to accurately identifying work performance problems, and locating the means of reducing and removing the problems. The employee will be provided with a written statement that details the work performance problems and the proposed means to addressing the alleged problems. 12.4 Reprimand 12.4.1 If the supervisor is unsuccessful in counselling the employee, the supervisor shall inform the Principal who shall inform the employee that their work performance is unsatisfactory. The employee is entitled to have a union delegate or union officer present as an observer, if the employee wishes, when such an interview is conducted. 12.4.2 In reprimanding the employee, the Principal shall notify the employee that the due process procedure has commenced and that the employee could be dismissed if there is no improvement in performance. As part of the due process procedure, the employee shall be informed of the period of the due process procedure, stating the expected
time line of the total process, and the times and dates when review meetings will take place within the time line. 12.4.3 When the reason for the reprimand has been identified and agreed between the parties it shall be documented and signed by both the employee and the Principal. The Principal shall inform the employee of the appropriate forms of assistance, counselling and/or training that shall be provided so that any problems can be rectified. 12.4.4 The Principal shall keep a full record of the reprimand that is to be sighted and signed by the employee, who will be provided with a copy. 12.5 First Warning 12.5.1 If the employee does not improve his/her performance the Principal shall indicate to the employee that he/she is warned. A union delegate or union officer may be present as an observer at the time of warning, if the employee wishes. 12.5.2 The warning is to be confirmed in writing, properly worded, signed by the Principal and handed to the employee. Copies of this warning shall be provided to the union's local office and shall be placed on the employee's school file. The school file copy is to be counter signed by the employee. 12.6 Final Warning 12.6.1 If the employee does not improve his/her performance, the Principal, will give to the employee a final warning. This warning is to be confirmed in writing and signed by the President of the Council or his/her delegate. 12.6.2 The union delegate or union officer may be present at this warning stage. 12.6.3 The final warning shall clearly state that should the employee's actions continue, he/she will be dismissed. Copies of the final warning shall be forwarded to the union's local office and a copy placed on the employee's personnel file. The school file copy is to be counter signed by the employee. 12.7 Conference Prior to Termination 12.7.1 Prior to any notice of termination, a problemsolving conference will be held between the Council President or his/her delegate and an official of the union
whose member is the subject of the proposed termination. In all cases relating to the termination of a union member, the union will be notified in writing before a termination takes effect. 12.8 Finalisation of Disciplinary Procedure 12.8.1 Where an employee has been given a reprimand or a first warning, and, three calendar months after the date on which the employee received that reprimand or warning, they have received no further reprimand or warning, the disciplinary procedure shall be deemed withdrawn, and the employee shall be so advised in writing, with a copy of such correspondence to be on their personnel file. 12.8.2 Where an employee has been given a final warning and six' calendar months after the date on which the employee received that warning, they have received no further reprimand or warning, the disciplinary procedure shall be deemed withdrawn, and the employee shall be so advised in writing. 12.8.3 Where a reprimand or warning is, in relation to a matter, considered by the Council and union to be of a sufficiently serious nature, the terms of 12.8.1 and 12.8.2 above shall not apply until such time as the Council and the union agree that they shall apply. 12.9 Termination 12.9.1 If there has been no improvement in the employee's performance, and the Conference referred to in 12.7 concludes that termination is warranted, then the employee's contract of employment will be terminated in accordance with the Agreement and the Workplace Relations Act 1996. 12.9.2 The termination will be formalised by a letter of termination signed by the President of the School Council. 12.10 Interruption of Disciplinary Process 12.10.1 It is understood between the parties that the steps of these procedures will be followed in all instances of due process action. However, it is understood that procedures may be suspended at any stage where it is deemed appropriate to the circumstances of the case. 12.11
12.11.1 Where summary dismissal is appropriate it is understood that the Due Process Procedure will be waived. An employee may be dismissed without notice for serious
misconduct, that is misconduct of a kind such that it would be unreasonable to require the employer to continue the employment during the notice period. 12.11.2 If there is an allegation of serious misconduct made, which requires proper investigation and due process, the employee will be entitled to suspension on full pay while the investigation takes place. 12.12
Referral to Commission
12.12.1 Nothing in this clause shall prevent a party referring any due process matter, to a Board of Reference or the Commission. 12.13 Savings 12.13.1 Nothing in this clause shall operate so as to restrict application of the provisions contained elsewhere in this Agreement relating to contract of employment, dismissal, introduction of change, or redundancy. 13 Termination of Employment 13.1 Notice of Termination by Council 13.1.1 In order to terminate the employment of an employee the Council shall give to the employee four (4) weeks notice in term time. Termination of employment must be in accord with the provisions of this Agreement and the Workplace Relations Act 1996. 13.2 Except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the grounds of race, colour, sex, sexual preference, marital status, family responsibilities, pregnancy, religion, union membership or activity, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment. 13.3 Payment in lieu of the notice prescribed in 13.1.1 shall be made if the appropriate notice period is not given, provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. 13.4 In calculating any payment in lieu of notice the wages an employee would have received in respect of the ordinary time, including allowances, he or she would have worked during the period of notice had his or her employment not been terminated shall be used.
13.5 The period of notice the case of dismissal for dismissal, or in the case engaged on contract for a specific task or tasks.
in this clause shall not apply in conduct that justifies summary of casual employees, or employees specific period of time or for a
13.6 Notice of Termination by Employee 13.6.1 The notice of termination required to be given by an employee shall be the same as that required of Council, that is, four weeks in term time. 13.6.2 If an employee fails to give notice the Council shall have the right to withhold moneys due to the employee with a maximum amount equal to the ordinary time rate of pay including allowances, for the period of notice. 13.7 Statement of employment 13.7.1 The Council shall, upon receipt of a request from an employee whose employment has been terminated, provide to the employee a written statement specifying the period of his or her employment and the classification of or the type of work performed by the employee. 13.8 Summary Dismissal 13.8.1 Notwithstanding the provisions of 13.1.1 hereof the Council shall have the right to dismiss any employee without notice where that employee is guilty of serious misconduct, that is misconduct of a kind such that it would be unreasonable to require the employer to continue the employment during the notice period and in such cases the wages shall be paid up to the time of dismissal only. 13.9 Unfair Dismissals 13.9.1 Termination of employment by Council shall not be harsh, unjust or unreasonable. 13.9.2 For the purposes of this clause, termination of employment shall include terminations with or without notice. 13.9.3 Without limiting the above, except where a distinction, exclusion or preference is based on the inherent requirements of a particular position, termination on the grounds of race, colour, sex, sexual preference, marital status, family responsibilities, pregnancy, religion, union membership or activity, political opinion, national extraction and social origin shall constitute a harsh, unjust or unreasonable termination of employment.
13.10 Disputes Settlement Procedures - Unfair Dismissals Subject to the provisions of the Workplace Relations Act 1996, any dispute or claim arising under 12.12 hereof should be dealt with in the following manner: 13.10.1 As soon as is practicable after the dispute or claim has arisen the employee concerned will take the matter up with his or her immediate supervisor affording him or her the opportunity to remedy the cause of the dispute or claim. 13.10.2 Where any such attempt at settlement has failed, or where the dispute or claim is of such a nature that a direct discussion between the employee and his or her immediate supervisor would be inappropriate, the employee shall notify a duly authorised representative of the relevant Union who, if he or she considers that there is some substance in the dispute or claim, shall forthwith take the matter up with the Council or Council's representative. 13.10.3 If the matter is not settled it shall be submitted to the Industrial Relations Commission which shall endeavour to resolve the issue between the parties by conciliation. 13.10.4 Without prejudice to either party, work should continue in accordance with the Agreement while the matters in dispute are being dealt with in accordance with this paragraph. 14 Redundancy 14.1 Discussions before Terminations 14.1.1 Where Council has made a definite decision that the Council no longer wishes the job the employee has been doing 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 Council shall hold discussions with the employees directly affected and with the relevant Union. 14.1.2 The discussions shall take place as soon as is practicable after the Council has made a definite decision which will invoke the provisions of 14.3.1 hereof and shall cover, inter alia, any reasons for the proposed terminations, measures to avoid or minimise the terminations and measures to mitigate any adverse effects of any terminations on the employees concerned.
14.1.3 For the purposes of the discussion the Council shall, as soon as practicable, provide in writing to the employees concerned, the Australian Liquor, Hospitality and Miscellaneous Workers Union, the Independent Education Union any relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of employees normally employed and the period over which the terminations are likely to be carried out. Provided that Council shall not be required to disclose confidential information the disclosure of which would be inimical to the Council's interests. 14.2 Transfer to Lower Paid Duties 14.2.1 Where an employee is transferred to lower paid duties for redundancy reasons the employee shall be entitled to the same period of notice of transfer as would have been the case if this employment had been terminated, and the Council may at the Council's option, make payment in lieu thereof of an amount equal to the difference between the former ordinary time rate of pay and the new lower ordinary time rates for the number of weeks of notice still owing. 14.3 Severance Pay 14.3.1 In addition to the period of notice prescribed for ordinary termination in this Agreement and subject to further order of the Commission, an employee whose employment is terminated for redundancy reasons shall be entitled to the following amount of severance pay in respect of a continuous period of service: 18.104.22.168 A compensatory payment of twelve weeks salary plus two weeks salary for each year or part thereof of continuous service. 22.214.171.124 "Week's pay" means the ordinary time rate of pay including allowances for the employee concerned. Provided that the severance payments shall not exceed the amount which the employee will have earned if employment with the Council had proceeded to the employee's normal retirement date. 14.4 Employee Leaving During Notice 14.4.1 An employee whose employment is terminated by reason of redundancy may terminate employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this clause had the employee remained with the Council until the expiry of such notice.
Provided that in such circumstances the employee shall not be entitled to payment in lieu of notice. 14.5 Alternative Employment 14.5.1 The Council, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the Council obtains acceptable alternative employment for an employee. 14.6 Time Off During Notice Period 14.6.1 During the period of notice of termination given by the Council an 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. 14.6.2 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 Council, be required to produce proof of attendance at an interview or not receive payment for the time absent. For this purpose a statutory declaration will be sufficient. 14.7 Notice to Centrelink 14.7.1 Where a decision has been made to terminate employment by reason of redundancy, the Council shall notify Centrelink (or equivalent Organisation) as soon as possible giving relevant information including the number and categories of the employees likely to be affected and the period over which the terminations are intended to be carried out. 14.8 Employees Exempted 14.8.1 This clause shall not apply where employment is terminated as a consequence of conduct that justifies summary dismissal, or in the case of casual employees, or employees engaged on contract for a specific period of time or for specified tasks. 14.9 Capacity to Pay 14.9.1 The Council, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied on the basis of the Council's demonstrated incapacity to pay. 15 Direction to Perform Work
15.1 Council may direct an employee to carry out such duties as are reasonably within the limits of the employee's skill, competence and training, are consistent with the classification structure of the Agreement and are not designed to promote de-skilling. Any direction issued by the Council shall be consistent with Council's responsibilities to provide a safe and healthy working environment. 15.2 Regulation of Workload (Teachers and Education Officers) 15.2.1 In relation to teaching staff numbers, the Organisation of classes and focus learning groups the parties are committed to ensuring optimum teaching and learning conditions while at the same time taking into account the operation of the school. Provisions in relation to class size and release time are to be negotiated during 2002. The provisions set out in Schedule B of this Agreement shall be used as a starting point of negotiations and any provisions agreed from that process will become part of this Agreement and remain in force for the life of this Agreement. 16 Contract and Categories of Employment 16.1 General 16.1.1 All employees shall be engaged on a permanent, casual or contract basis. 16.1.2 Contract positions shall only include those positions that satisfy the following criteria: * to undertake a specified project for which funding is available * to undertake a specified project which has a limited period of operation * to replace an employee whose employment has terminated after the commencement of the school year and no permanent employee is available * filling the position of a specified employee who is on nominated leave from the school * a teacher employed in accordance with clause 7.1.9 16.1.3 On start of employment, Council shall provide the employee with a document in writing outlining the position title under which the employee is employed, the corresponding classification level, rates of pay, hours of work, a statement of duties/job description, period of employment, induction period, allowances and other entitlements as provided for in this Agreement. A copy of the Agreement shall be made available to all employees.
16.1.4 All newly appointed employees shall undergo a probation period of 10 weeks duration, during which time they shall be supported and assisted by the school's induction procedures. 16.1.5 At the beginning of each year all employees shall be provided with a statement of his/her classification and rate of pay. 16.1.6 No employee shall be required to take on additional duties/work for which the employee is not trained without his/her consent. 16.1.7 Where all else is equal, preference shall be given to Aboriginal candidates to positions. 16.2 Part Time Employment (non education staff) 16.2.1 A part-time employee who is not a teacher or education officer shall be an employee engaged as a parttime employee in accordance with the following conditions: 126.96.36.199 Part-Time employees shall work regular hours according to a written roster. 188.8.131.52 Part-time employees shall be employed for no fewer than 12 hours per week, provided that no employee shall be required to work less than 3 hours on any day they work or more than 60 ordinary hours per fortnight. 184.108.40.206 The rate of payment for such part-time employees shall be calculated by dividing the weekly rate of salary prescribed by this Agreement by 37.5. A part-time employee shall be entitled to all conditions of employment applicable to a full-time employee on a pro rata basis. 220.127.116.11 Entitlement to service increments shall be on the same basis of having worked the same chronological time that entitles a full-time employee to an increment, regardless of the number of hours worked. 16.3 Part time employment (Teachers) 16.3.1 For the purposes of calculating entitlements for part time teaching staff, full-time hours shall be 30 hours per week. 16.3.2 Part time teaching staff shall be employed for not fewer than 0.4 or more than 0.8 of the full time hours per week and no less than 4 hours on any day. Such hours shall be agreed on commencement of employment and s hall only be changed by agreement.
16.3.3 Part time teaching staff shall receive pro-rata sick leave and recreation leave/stand down and shall be entitled to payment for public holidays which fall on a day which they would normally be required to work and rate of pay shall be in accordance with the number of hours which would have been worked if that day had not been a holiday. 16.3.4 A part-time teacher shall be paid an hourly rate in accordance with provisions for teachers employed by the Northern Territory Government Teaching Service. The formula is as follows: Hourly rate
where A = the appropriate annual salary point x 12 313 16.3.5 The parties recognise that the working week for teaching staff consists of face-to-face contact time and a range of other duties and as such there is an inequity between full-time and part-time teaching staff. The parties agree that this inequity shall be addressed during negotiations regarding the next Agreement during 2002 in conjunction with class sizes and release time. 16.4 Casual Employment (Non education staff) 16.4.1 A casual employee who is not a teacher or education officer is one engaged and paid as such. 16.4.2 A casual employee shall be paid an hourly rate of 1/37.5 of the weekly rate prescribed by this Agreement for the work which he or she performs, plus 25% loading in lieu of leave and other entitlements. 16.4.3 At each period of employment a casual employee shall be afforded a minimum payment for three hours work. 16.5 Casual Relief Employment (Teaching staff) 16.5.1 A casual relief teacher shall be paid an hourly rate in accordance with provisions for teachers employed by the Northern Territory Government Teaching Service. The formula is as follows: Hourly rate = A + 20% casual loading 60 where A = second annual salary point four year trained x 12 313
16.5.2 A casual relief teacher will be employed for a period of not less than three hours on each engagement PART 4 - WAGES AND RELATED MATTERS 17 Classification and Wage Rates 17.1 All education employees of Yipirinya School shall be classified at the appropriate level as set out in Part 4 of this Agreement in accordance with definitions in Clause 8 and shall be paid the appropriate incremental rate of pay prescribed in Schedules D. 17.2 The increases to salaries and allowances during the life of this Agreement shall be as follows: * 3% effective from 1 January 2001 * 3% effective from 1 October 2001 in conjunction with clause 17.3 * 4% effective from 1 October 2002 17.3 The parties agree to implement a new Teacher Salary Structure that reduces the number of increments from 10 to 8, effective from 1 October 2001. 17.4 The parties agree to review the salary component of this Agreement when the NT Government and the government education unions have finalised their new Agreement post 9 August 2001. This will provide a benchmark for increases at the conclusion of this Agreement and assist with forward planning and budgeting. 17.5 Persons employed within the classifications of cleaner, groundsperson, handyperson, driver or within the Child Care facility shall be paid in accordance with Schedule C of this Agreement. 18 Service Increments 18.1 Employees shall be entitled to annual increments within the scale of rates of salary fixed for the position occupied after completing the equivalent of 12 months service and shall be paid on the anniversary date of their employment. These amounts shall be regarded as salary or wages for all purposes. 18.1.1 A second or subsequent increment shall be payable when the previous increment has been received for a period which is the equivalent of 12 months service. 18.1.2 For the purposes of annual incremental progression only, 12 months service for a part time teacher shall constitute 1170 hours on the basis that 195 days of
part time teaching equals 1 year of full time teaching and 1 day of part time employment equals 6 hours 18.1.3 Employment as a casual relief teacher will count towards incremental progression once employed as a teacher on a permanent, temporary or contract basis. For the purposes of this clause 195 days of relief teaching equals 1 year of full time teaching and 1 day of relief teacher employment equals 6 hours. 18.1.4 A casual relief teacher has no entitlement to paid or unpaid leave or paid public holidays. 18.2 Recognition of previous experience/prior learning and/or qualifications 18.2.1 Employees shall be credited with relevant qualifications and previous experience in the work for which they are being engaged for the purpose of determining salary on appointment and eligibility for incremental advancement, provided that such crediting is consistent with the rates paid to similarly engaged existing staff. 19 Payment of Wages 19.1 All salary and wages shall be paid by cash or by cheque or by bank remittance or in any combination thereof or as may be agreed upon between the Council and the employee. 19.1.1 Upon termination of employment, all monies due to an employee shall be paid to the employee on the day of such termination or forwarded to the employee by post on the next working day. 19.1.2 On or prior to pay day the Council shall state to each employee in writing the total amount of wages to which the employee is entitled, the amount of overtime therein, and the net amount being paid to the employee. 19.1.3 The Council may deduct from wages due to an employee such amount as authorised in writing by such employee. 19.2 Acting in promotion position 19.2.1 Any staff member required by the employer to act in a promotion position for at least ten consecutive school days shall be paid for so doing at the rate prescribed for that position, provided that in no case shall a staff member be required to carry out such duties in a relieving capacity for more than 52 weeks.
19.3 Non attendance 19.3.1 An employee not attending for duty shall lose pay for the time of non-attendance unless payment for such nonattendance is permitted in the provisions of this Agreement. 20 On Call Allowance 20.1 Where an employee is required and rostered to remain on standby and in readiness to be recalled to work after ordinary working hours, the employee shall be paid an oncall allowance of the hourly rate at which they are paid. for the duration of the period of standby. 21 Bilingual Qualification Allowance 21.1 In recognition of the increased effectiveness and productivity which bilingual employees make to the aims and objectives of Yipirinya School, Council acknowledges that bilingual employees shall be entitled to a bilingual qualification allowance. 21.1.1 "Bilingual" shall mean a recognised proficiency in English as well the languages used in the course of the employee's duties. The roles to be covered will be those related to administration, the school/home liaison officer and where appointed, the positions of Vernacular Facilitator and Cultural Principal. 21.1.2 An employee who is competently bilingual shall be paid an allowance of Level
Rate per year 1/11/01
$ 1079 $ 2160
$ 1144 $ 2290
$ 1235 $ 2473
21.1.3 Level 1 is an elementary level. Council will endorse payment at this level to those employees who are capable of using a minimal knowledge of language for the purpose of simple communication and whose role requires the use of bilingual language and is approved by Council. 21.1.4 Level 2 represents a high level of ability for the ordinary purposes of general communication and delivery of business. Payment at this level will be made to those employees who can demonstrate such proficiency and who have been appointed to a role approved by Council.
21.1.5 Proof of bilingual proficiency and accreditation shall be obtained before an employee shall be entitled to Level Two. Bilingual accreditation is obtained by the employee confirming their bilingual proficiency through the Institute for Aboriginal Development, or an alternative agency agreed by the Council and the union. 22 Superannuation 22.1 All employees shall be entitled to Council superannuation contributions as prescribed in the Superannuation Guarantee Act. 22.2 Council superannuation contributions shall be remitted on a monthly basis from the first day of employment to a superannuation fund agreed to by the parties to this Agreement. 23 Acquisition of an Approved Additional Qualification 23.1 Teachers with Recognised Training Qualifications 23.1.1 Up to and including the recognised equivalent of 4 years teacher education, 4 years shall entitle the teacher to be credited with the equivalent of one year of experience and to advance up the salary scale. When a teacher acquires such qualification at the end of a tertiary academic year, the advancement shall take effect from the commencement of the next school year. 23.1.2 Beyond 4 years shall entitle the teacher to be credited with the equivalent of one year of experience for each such qualification up to a maximum of 2 additional qualifications and to advance up the salary subdivision scale accordingly. When a teacher acquires such qualifications at the end of a tertiary academic year, the advancement shall take effect from the commencement of the next school year. 23.2 Teachers without Recognised Teacher Training Qualifications 23.2.1 If a teacher without recognised qualifications acquires such qualifications necessary for employment in the Northern Territory, that teacher will be entitled to advance to at least the commencement level of the salary scale relevant to that new level of qualification. Where that teacher's current salary is the same as or above that commencement level that teacher shall be entitled to advance to the level immediately above the salary level they are currently paid. 23.3 Requirement to notify employer
23.3.1 It is a requirement of this Agreement that the employee notifies the employer in writing of the acquisition of additional qualifications together with the production of satisfactory evidence to this effect. Notwithstanding anything to the contrary, an entitlement derived from the acquisition of additional qualifications shall not predate the date of notification. PART 5 - HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK 24 Ordinary Hours of Work (Non Teaching Staff) 24.1 Days on which Ordinary Hours are to be worked 24.1.1 Ordinary hours of work of full-time employees shall be worked on the days from Monday to Friday inclusive. 24.2 Span of Ordinary Hours 24.2.1 The ordinary hours of work may be between the hours of 7.00 am. and 6.00 pm. 24.3 Configuration of Ordinary Hours 24.3.1 Ordinary hours of work shall not exceed 7.5 hours per day and 37.5 hours per week. 25 Ordinary Hours of Work (Teaching staff) 25.1 Provisions in relation to Ordinary Hours of Work for teaching staff are to be negotiated during 2002. The provisions set out in Schedule B of this Agreement shall be used as a starting point of negotiations and any provisions agreed from that process will become part of this Agreement and remain in force for the life of this Agreement. 26 Call Back 26.1 An employee recalled to work overtime after leaving the Council's premises (whether notified before or after leaving the premises) shall be paid for a minimum of four hours work at time and a half of the appropriate hourly rate for their classification in this Agreement each time he or she is so recalled; provided that except in the case of unforeseen circumstances arising, the employee shall not be required to work the full four hours if the job he or she was recalled to perform is completed within a shorter period. Clause 26.1 shall not apply when:
26.1.1 In cases where it is customary for an employee to return to the Council's premises for periods not exceeding 30 minutes each to perform a specific job outside his or her ordinary working hours in which case the employee shall be paid for a minimum of one hour's work at the appropriate rate for each time the employee is so recalled; or 26.1.2 Where the overtime is continuous (subject to a reasonable meal break)with the commencement of ordinary working time, in which case, the employee shall be paid only for the overtime worked (no minimum hours) at time and a half of the appropriate hourly rate for their classification in this Agreement. PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 27 Annual Leave 27.1 A period of 30 working days' leave without loss of pay shall be allowed annually to an employee after twelve months' continuous service (less the period of annual leave) with the Council. 27.2 Calculation of continuous service 27.2.1 For the purpose of this clause, service shall be deemed to be continuous notwithstanding: 18.104.22.168 Any interruption or termination of the employment by the Council if such interruption or termination has been merely with the intention of evading obligations hereunder in respect of leave or absence; or 22.214.171.124 Any absence from work on account of personal sickness or accident, or on account of leave granted, imposed or agreed by the Council; or 126.96.36.199 Any absence with reasonable cause, proof whereof shall be on the employee. 27.2.2 In calculating the period of twelve months' continuous service, any such absence in a twelve monthly period as aforesaid shall not be taken into account in calculating the period of twelve months' continuous service except when it exceeds more than the credits for accumulated leave of an employee or more than 5 days unpaid leave. 27.2.3 Any absence from work by reason of any cause not being a cause specified in this subclause shall not be deemed to break the continuity of service for the purposes of this clause unless the Council, within fourteen days of the termination of the absence, notifies the employee in
writing that such absence will be regarded as having broken the continuity of service. 27.3 Calculation of service for annual leave 27.3.1 Service before the date of this Agreement shall be taken into consideration for the purposes of calculating annual leave, but an employee shall not be entitled to leave or payment in lieu thereof for any period in respect of which leave or a payment in lieu thereof has been allowed. The period of annual leave to be allowed under this subclause shall be calculated to the nearest day, with any broken part of a day in the result not exceeding half a day to be disregarded. 27.4 Calculation of month 27.4.1 For the purposes of calculating annual leave , a month shall be reckoned as commencing with the beginning of the first day of the employment or the period of the employment in question, and as ending at the beginning of the day which in the latest month in question has the same date number as that which the commencing day had in its month, and, if there be no such day in any subsequent month, shall be reckoned as ending at the end of such subsequent month. 27.5 Leave to be taken 27.5.1 The annual leave provided by this clause shall be allowed and shall be taken and payment shall not be made or accepted in lieu of annual leave, except in situations of Termination of employment. 27.6 Payment for period of annual leave 27.6.1 Each employee before going on annual leave shall be paid such wages which have accrued on account of annual leave at the rate applicable at the time when leave is taken 27.7 Proportionate annual leave on termination 27.7.1 If after one month's continuous service in any qualifying twelve monthly period, an employee leaves his or her employment, or his or her employment is terminated by the Council for whatever reason, the employee shall be paid pro rata at his or her ordinary rate of wages in respect of each completed week of continuous service being service in respect of which annual leave has not been granted hereunder. 27.8 Time of taking annual leave
27.8.1 Normally annual leave shall be deemed to be available at the close of one school year and the opening of the next school year. For staff employed on a continual basis an agreement will be reached with the Council for an alternate leave period. 27.9 Notice for taking annual leave 27.9.1 Where annual leave is being taken at a time other than prescribed at clause 27.8.1 the employee must give two weeks notice but more is desirable. 28 Annual Leave Loading 28.1 During a period of annual leave an employee shall receive a loading of 17 1/2 per cent calculated on 4 weeks pay at the rate of wage prescribed by this Agreement. 28.1.1 The loading prescribed by this clause shall also apply to outstanding proportionate annual leave on termination. 29 Stand Down 29.1 Teaching Staff 29.1.1 All teachers shall be entitled to stand down during term and semester breaks at Easter, July and September. 29.1.2 During term and semester breaks subject to mutual agreement between the Council and all staff, professional development and/or community liaison work will be conducted up to ten days a year. 29.1.3 Unless otherwise directed by the Council, employees based in the school shall be deemed to be on stand down leave on and from the day succeeding the last day on which a member's school is open in a calendar year. The period of stand down leave shall be to the limit of available credits, or to the day preceding the first day on which a member's school is open in a calendar year. 29.1.4 A employee called in to work during a time when stand down leave applies shall not be required to commence work until mutual agreement has been reached with the Council on the specific conditions of such service. 29.2 Education Officers 29.2.1 Council shall determine on a position by position basis as to the need for Education Officers to attend duty
during semester and term breaks and give the employee at least 4 weeks notice before the beginning of each break 29.2.2 Should it be determined that a position is required during semester and the effective operation of the school or the role, the employee shall be entitled
particular term breaks for is intrinsic to to:
188.8.131.52 Elect other periods in which to use their Annual Leave entitlement during school time as per Clause 27.9.1; or 184.108.40.206 Elect to accrue their Annual Leave entitlement for use as per Clause 27; or 220.127.116.11 Elect to access the same entitlements as those employees listed in Clause 29.3 29.2.3 Whatever method the employee chooses under Clause 29.2.2, it is agreed that the employee has the right to 6 weeks Annual Leave away from the school per 12 months of service. 29.2.4 Should it be determined by Council that a particular position is not required during semester and term breaks then the employee has the right to access the same entitlements as those employees listed in Clause 29.3 29.3 Payment of wages during Stand-Down Periods 29.3.1 In addition to Annual Leave provisions as defined in Clause 27 of this Agreement, persons employed within the classifications of driver, groundsperson, handy persons or Childcare can negotiate with the employer to accrue wages for payment over stand-down periods that are in excess to annual leave entitlements as follows: 18.104.22.168 An employee may elect to forfeit 8% (eight percent) of their weekly wages in return for payment to the value of 92% of weekly wages for all stand-down periods in excess of 30 working days per year. 22.214.171.124 Any forfeiture of wages and subsequent payments for the said stand-down periods shall not be applied so as to reduce the annual wages entitlement in accordance with the relevant wage scale. 126.96.36.199 At the completion of each year of service from the commencement date of this Agreement, employees wages will be credited with any outstanding balance of wages owed for the said period to the value of the annual wage as described herein.
30 Sick Leave 30.1 An employee shall be entitled to leave with pay when unable to perform duties because of personal ill health or incapacity due to any cause provided that: 30.1.1 A full time employee shall be entitled (whether in the employ of one Council or several) to 15 days (112.5 hours) at the commencement of their employment on full pay in each year of service, accruable at the commencement of each such year. Provided that where an employee commences on a day other than the first day of the school year, such an employee shall receive a pro rata entitlement for that year. 30.1.2 A full time employee shall have 15 sick leave days added to their entitlement at the beginning of each school year. 30.1.3 Part time employees have a pro rata entitlement to 15 sick days. 30.1.4 Employees on fixed term appointments have a pro rata entitlement to 15 days sick leave calculated as a proportion of the term of the contract to a full years employment. 30.1.5 Sick leave allowable under this clause which is not availed of during the year in which it was accrued shall, while an employee is employed by the same Council, be allowed to accumulate. 30.1.6 Sick leave may be granted with pay, subject to available credits, without production of a medical certificate to the extent of five days in any year, subject to any continuous period of absence not exceeding two days. 30.1.7 Should an employee be absent from work on account of sickness or accident, such employee shall notify the Council, where practicable, prior to scheduled commencement of duty. Where an employee fails to notify the Council of an intended absence prior to commencement of duty where it was practicable to do so, and does not subsequently produce a doctor's certificate, the employee will not be paid sick leave for the time not worked. 30.1.8 The employee shall prove to the satisfaction of the Council (or in event bf a dispute to a Board of Reference) that he or she was unable on account of such illness or incapacity to attend for duty on the day or days for which sick leave is claimed.
30.1.9 The employee shall not be entitled to paid leave of absence for any period in respect of which the employee is entitled to employees' compensation. (previously 27.1.1) 30.2 Special leave - Infectious Diseases 30.2.1 Special leave with full pay for the period of illness or disability shall be allowed to employees covered by this Agreement in case of illness or disability caused by infectious diseases contracted in the course of employment, provided that sick leave payments will not be made for any part of absence in respect of which payments are being made for compensation. Such diseases are German measles, parvovirus, chicken pox, measles, mumps, glandular fever, scarlet fever, whooping cough, rheumatic fever, hepatitis. The employee is required to produce a medical certificate which names the disease. 30.3 Sickness while on annual leave 30.3.1 An employee on weekly or monthly hiring who suffers a personal illness or injury while on annual leave shall be entitled to additional paid leave for a period not exceeding the period of illness or injury during annual leave, subject to the following conditions and limitations: 30.3.2 Within 24 hours of the employees return to work the employee shall produce to his or her Council a certificate from a qualified medical practitioner to the effect that had the employee not been on annual leave the employee would have been unfit to perform his or her normal duties for a period of not less than five consecutive days. 30.3.3 The additional paid leave shall be subject to the existence of an entitlement to paid sick leave in accordance with this clause and shall be set off against accumulated sick leave credits. 30.3.4 Subject to the provisions of 27.3 hereof, the employee, provided he or she is fit to perform his or her normal duties, shall return to work at the time the employee would have returned had the employee not suffered personal illness or injury during annual leave. 30.3.5 The additional paid leave shall be given and taken at a mutually convenient time. 30.3.6 An employee proceeding on leave pursuant to clause 27.3 hereof shall not be entitled to annual leave loading pursuant to this Agreement for any period of leave for which the loading has been paid.
30.3.7 Where an employee leaves the employment of the Council or his or her employment is terminated by the Council for any reason before the additional paid leave is taken, such leave shall be treated as accrued annual leave. 30.4 Provided that nothing in this subclause shall be construed as increasing the quantum of annual leave prescribed in clause 24 or of paid sick leave prescribed in clause 27 hereof 31 Ceremonial Leave 31.1 An Aboriginal employee necessarily absent from work for ceremonial purposes shall be entitled to up to one weeks' paid leave per year for those purposes, provided it is approved by Council members with knowledge of the specific language group concerned and on production of the appropriate written authorisation from the relevant Community Elder. 31.1.1 By agreement with Council that leave may be extended as unpaid leave. 31.1.2 Ceremonial leave entitlements are non-cumulative and not convertible to cash upon termination of employment. 32 Bereavement Leave 32.1 An employee on weekly contract of hiring shall be entitled to a maximum of ten (10) working days per year leave without loss of pay on the production of satisfactory evidence of the death of the employee's husband, wife (including defacto spouse), father, mother, father-in-law, mother-in-law, brother, sister, grandfather, grandmother, child, or step-child. An employee may also access bereavement leave on the death of any other member of the employee's extended family on approval by a Council member with knowledge of the particular persons relationship to the deceased. Council has the discretion to approve such leave retrospectively and may grant up to a further 5 days unpaid bereavement leave 33 Special/Compassionate Leave 33.1 with does that
An employee may make application for special leave or without pay, provided that special leave with pay not exceed three days in any twelve monthly period and special leave without pay, does not exceed five days.
33.1.1 Leave without pay in excess of one week shall not be included for any purpose as part of an employee's period of service.
34 Jury Service Leave 34.1 All full-time and part-time employees (except casual employees), contracted to work at the school for at least a month who are required to attend for jury service during ordinary working hours shall be entitled to receive the same amount of wages the employee would have received had the employee not been on jury service. 34.1.1 In cases where the employee, in respect of attendance for jury service, is paid an amount which is lower than what the employee would have received had the employee not been on jury service, the difference between the amount paid for jury service and the amount of wages the employee should have received shall be reimbursed by the Council. 34.1.2 An employee required to attend for jury service during ordinary working hours shall notify the Council as soon as possible of the date upon which the employee is required to attend for jury service. 34.1.3 An employee required to attend for jury service during ordinary working hours shall give the Council a written proof of attendance, the duration of such attendance and the amount received in respect of such jury service. 34.1.4 An employee called up and subsequently not required for jury service shall report for work as soon as practicable after being informed that the employee's service is not so required. 35 Long Service Leave 35.1 All full-time and part-time employees contracted to work at the school for at least a month shall be entitled to the Long service leave provisions as prescribed in the Northern Territory Long Service Act 1981, as amended from time to time. 35.1.1 It is agreed that the provisions of the Long Service Leave Act 1981 be varied to provide for payment of pro rata long service leave credit in lieu of long service leave on resignation, after the completion of seven or more years of service. Such payment shall be calculated at the rate of three-tenths of 1 month for every year of service and shall be paid at the employee's salary rate at the time such leave is taken. 35.2 Entitlement to long service leave may be accessed after eight years, provided that such leave is taken as one full school term, and that no further long service leave
will be granted until another full eight years' entitlement has accrued. 36 Leave Without Pay 36.1 All full-time and part-time employees) contracted to work at one month may apply for up to 52 subject to the discretion of the
employees (except casual the school for at least weeks leave without pay Council.
36.1.1 Leave without pay exceeding five working days per year will not be counted towards accrued service. 37 Public Holidays 37.1 An employee shall be entitled to the following public holidays: New Year's Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and 37.1.1 The following days, as gazetted by the Federal and NT Governments: Australia Day, Anzac Day, Queen's Birthday and May Day; and 37.1.2 Two other days being Picnic Day (Darwin Cup Day) and Alice Springs Show Day as gazetted by the NT Government. 37.1.3 Council, with the agreement of the unions which are party to this Agreement, may substitute another day for any prescribed in this clause. 37.1.4 An agreement pursuant to clause 37.1.3 shall be recorded in writing and be available to every affected employee. 37.1.5 A weekly full-time or part-time employee shall be entitled to the above holidays without loss of pay. 37.1.6 Any employee on higher duty on the day before and after a public holiday shall be paid at the rate corresponding to the higher position for the holiday. 38 Parental Leave 38.1 See Schedule A PART 7 - TRANSFERS, TRAVELLING PLACE OF WORK AND WORKING AWAY FROM USUAL PLACE OF WORK 39 Travelling and Camping Allowance
39.1 An employee who must be away from home overnight on business approved by the Council shall be paid a travelling allowance, to compensate for incidental expenses at a rate of $30 per night away from home. The Council will fund all travel, accommodation and meals. 40 Use of Vehicle 40.1 Where Council requires an employee to use a motor vehicle for work purposes, the vehicle shall be supplied and maintained by the Council. Such vehicle shall not be used for private purposes unless expressly so authorised by the Council. 40.1.1 Where the Council expressly allows an employee to use a work vehicle for other than work purposes, the employee shall be responsible for any running costs incurred in such use, and must abide by any terms and conditions imposed by the Council. 40.1.2 An employee who is using or maintaining a work vehicle shall at all times take due and reasonable care of the vehicle, and shall be responsible for ensuring regular maintenance and servicing. Neglect of these responsibilities may result in the employee being held liable for any repair costs, or other costs, associated with any flagrant misuse of the vehicle. 40.1.3 No employee shall be compelled or required to use their own vehicle on the Council's business. 40.1.4 An employee who agrees to use their private vehicle on the Council's business shall be paid a vehicle allowance preceding such travel, or by agreement in their next pay after such travel, and shall be paid in accordance with the following table: Engine capacity
Allowance per kilometre
4 cylinders or less More than 4 cylinders
40.1.5 The above vehicle allowance includes the cost of fuel, oil and insurances, and all repair and maintenance costs are the sole responsibility of the owner. PART 8 - TRAINING AND RELATED MATTERS 41 Professional Development and Training 41.1 From the 2001 school year there shall be three pupil free days to be held at a time according to school needs, such days to be designated by the Council for activities
such as setting goals, strengthening collegiality and focused planning and coordination. All staff are required to attend. 41.2 A staff development plan shall be formulated with budgeted resources and agreed to by Council and employees every school year to enable Aboriginalisation and career path development. In this context, the following education and training principles shall apply: 41.2.1 That the provision of education and training be seen as the right of the unskilled employee, and an obligation for the skilled employee, and that all work be seen as involving, where practicable, training, job-sharing and multiskilling. That non-Aboriginal staff, in addition to their normal job duties, are employed as educators in those areas of expertise for which they have been employed. 41.2.2 In accord with Council's aims and objectives for Yipirinya School, the Council will support and encourage professional development in the form of short term language courses and mentoring opportunities with Aboriginal speaking staff, for all staff who are non aboriginal language speaking 41.2.3 In accord with Council's strong commitment to the two way school philosophy the parties are committed to ensuring that the Organisation of work for teachers and education officers is such that: (i) Education Officers are supported to undertake accredited training courses from recognised training institutions to improve their teaching qualifications and (ii) teachers can become more skilled in innovative teaching methods to address problems of student literacy and numeracy by learning a relevant Aboriginal language through a recognised training institution, with the assistance of mentoring from Yipirinya Vernacular teachers and others. 41.2.4 That where practicable both formal and informal periods be set aside during working hours for the purpose of staff professional development, education and training, in areas relevant to the work at hand. 41.2.5 That all levels of work activity be supported by the availability of and access to professional training programs such as those provided by State and Territory Departments of Education, and TAFE. 41.2.6 Consistent with Council's commitment to its duty of care for all staff and students and to a safe and
healthy teaching and learning environment, it will require and fund all staff members to undertake a First Aid Certificate from a recognised and accredited provider. 42 Study Leave 42.1 An employee shall be entitled to paid study leave to undertake personal studies relevant to their work and the work of the school. Evidence of such study and its relevance to the school shall be submitted to the Principal for approval subject to Council's approval. 42.1.1 Council may grant a maximum of two weeks' paid study leave per year to study for and undertake exams and assignments and to attend residential school, providing that the study has relevance to the employee's employment and has been approved by the Council. 42.1.2 Council may grant a maximum of 52 weeks study leave without pay without loss of any accrued benefits providing the study has relevance to the employee's employment. 42.1.3 Approval of study leave shall be at the Council's convenience and discretion, and will not unreasonably affect the productive operations of the school. 43 Trade Union Training 43.1 Employees nominated by the union to attend during ordinary working hours an accredited Trade Union Training course shall do so without loss of ordinary pay subject to the following: 43.1.1 That the Council receive written notice of nomination from the union, setting out the times, dates, content and venue of the course. 43.1.2 That not more than one person at a time from any one site and not more than three persons per year are nominated. 43.1.3 That the Council shall not be liable to pay an employee attending such a course for more than five days at any one time. 43.1.4 That the Council is satisfied that the course is of such a nature as to be calculated to assist in reducing labour disputes and in advancing industrial relations in the industry. 44 Occupational Health And Safety
44.1 Council shall have the primary responsibility to ensure that all employees are at all times protected from significant adverse or harmful. effects of work. Council and employees shall formulate and agree to an occupational health and safety plan. 44.1.1 Council and employees shall formulate and agree to a monitoring system for the occupational health and safety plan. 44.1.2 Council and employees shall review the occupational health and safety plan each school year. 44.1.3 Council and employees will establish an Occupational Health and Safety Committee to oversee plan implementation and review. 44.1.4 All employees shall be provided with appropriate health and safety training relevant to any potential dangers or hazards associated with their work. 44.1.5 All employees shall have the obligation and responsibility to obey all lawful instructions relevant to occupational health and safety and to wear, use and maintain any protective clothing and equipment so provided. 45 Health and Safety Committee 45.1 An Occupational Health and Safety Committee will be established. The Committee shall comprise both Council and employee representatives, and where practicable a representative from a local community health Organisation. 45.1.1 The Committee shall discuss and recommend upon any and all occupational health and safety matters brought before-it, but may otherwise determine its own procedures. 45.1.2 The Council shall co-operate with the Committee and may provide resources if appropriate. 45.1.3 In the event that the Committee does not or can not resolve any occupational health and safety issue, the assistance of the relevant Regional organisation, the Australian Industrial Relations Commission, or a Board of Reference, or any other agreed independent arbiter may be sought. 46 Accommodation And Conveniences 46.1 Council shall ensure that the following are provided for and are reasonably accessible to all employees:
46.1.1 Wholesome cool drinking water, and boiling water for tea and meal breaks; 46.1.2
46.1.3 Proper and sufficient sanitary, lavatory facilities; 46.1.4
Suitable first aid kits;
46.1.7 A suitable locker for each employee or hanging facilities which afford reasonable protection for employees' clothes; 46.2 Council shall ensure proper lighting, airconditioning and heating are provided for in all work places. PART 10 -AGREEMENT COMPLIANCE AND UNION RELATED MATTERS 47 Time Records (Non education staff) 47.1 The Council shall keep or cause to be kept a time book or time record for employees other than teaching and education support staff. The Council shall enter or cause to be entered in such time book a correct record of the actual hours worked, the times of commencing and finishing work and the wages and overtime paid to each employee, together with the date of payment. 47.1.1 The Council shall produce such record for inspection by the Branch Secretary or other authorised representative of the union, each of whom shall have the right to visit the office in the Northern Territory of the Council for this purpose as well as for the purpose of investigating any breach or suspected breach of this Agreement. The records are to be produced at an agreed time or failing agreement at a reasonable time. 47.1.2 The Council shall retain current employees wage records dating back six years. 48 Posting Of Agreement 48.1 This Agreement shall be kept available by the Council on the premises in a place accessible to all employees. 49 Right Of Entry
49.1 For the purpose of interviewing employees on legitimate business of the respondent unions, a duly accredited representative of the union shall have the right to enter the Council's premises during the meal time or rest pause or on any other occasion by prior arrangement with the Council or the Principal or the Council's representative on the following conditions: 49.1.1 That the representative produces his or her authority to the Principal or such person as may have been appointed by the Council, and states the purpose of such visit. 49.1.2 That if the Council alleges that a representative is unduly interfering with the work or is creating dissatisfaction among the employees, or is offensive in his or her methods or is committing a breach of any of the conditions of this clause, the Council may refuse the right of entry and on such refusal shall notify the Secretary of the union, who shall have the right to bring such refusal to a Board of Reference. 49.1.3 That the representative interviews employees only at a place where they are taking their meal or in such manner as not to interfere with the work being carried out. 49.1.4 That the representative does not conduct any meetings on the Councils' premises, without the Council's permission. 49.1.5 For the purpose of investigating complaints and inspecting the Council's time records concerning the application of this Agreement, a duly accredited representative of the union shall be accorded reasonable facilities for entering Council's premises during working hours, subject to the following conditions: 49.1.6 That the representative discloses to the Council or the Council's representative the complaint he or she desires to investigate 49.1.7 That the representative makes his or her investigations in the presence of the Council or the Council's representative (if the Council so desires); 49.1.8 That the representative does not interfere with work proceeding on the site or establishment; 49.1.9 That the representative conducts himself or herself properly. 49.1.10 A representative shall be a duly accredited representative if he or she is the holder of a certificate,
signed by the Secretary of the respondent organisation to the Agreement, and bearing the Seal of that Organisation. 50 Union Meetings 50.1 Meetings of employees 50.1.1 Where the union calls a meeting of all employees of the Council to discuss a change of significance to this Agreement and such meeting is to be during ordinary working hours, then employees attending the meeting shall do so without loss of ordinary pay subject to the following: 50.1.2 The time and date of the meeting shall be discussed between the union and the Council. 50.1.3 The meeting shall be held between Monday and Friday inclusive. 50.1.4 Where such a meeting is held in the forenoon, employees shall resume normal work immediately after the meeting and not later than normal resumption time after the midday meal period. 50.1.5 Council shall not be liable to pay an employee for more than two such meetings in any one year, nor for more than three hours ordinary time in respect of each meeting. 50.1.6 An employee shall establish to the satisfaction of the Council that he or she attended the meeting. For the purposes of this subclause an attendance sheet or record with the employee's name clearly printed and signed by the employee and stamped and dated by the union will be satisfactory compliance. 50.2 Delegates meetings 50.2.1 The delegate representing members of the union at the school, shall be entitled to the benefit of clause 50.1 hereof, subject to the same provisos, save that such delegate's entitlement shall be in respect of four meetings per year in lieu of two as set out in clause 50.1.5 hereof 50.3 Commission dispute hearings 50.3.1 Where a dispute under this Agreement has been referred to the Commission and the Council agrees it will assist in obtaining a resolution if the union delegate attend proceedings at the Commission, then such delegate will not incur loss in ordinary time pay in respect of such attendance.
51 Job Delegates 51.1 An employee appointed job delegate in the section or area in which he or she is employed shall upon notification thereof to the Council, be recognised as the accredited representative of the union, to which he or she belongs. An accredited job delegate shall be allowed the necessary time during working hours to interview the Council or the Council's representative on matters affecting employees whom he or she represents. 51.1.1 Subject to the prior approval of the Council, an accredited job delegate shall be allowed at a place designated by the Council a reasonable period of time during working hours to interview a duly accredited union official of the union to which he or she belongs on legitimate union business. Job delegates shall have reasonable access to the schools' phone, fax and email facilities in order to seek advice from union officers based in Darwin or interstate. 51.1.2 Subject to the prior approval of the Council an accredited job delegate shall be allowed to be present at interviews of potential employees in the section or area in which that job delegate is employed and such delegate may also with the approval of the Council, attend and participate in Union Executive and Central Council, or equivalent however termed, Meetings. PART 11 - FAMILY LEAVE 52 Family Leave 52.1 Use of sick leave 52.1.1 An employee with responsibility in relation to either members of their immediate family or members of their household who need their care and support shall be entitled to use, in accordance with this subclause, any sick leave entitlement which accrues after the date of this order for absences to provide care and support for such persons when they are ill. 52.1.2 The employee shall, if required, establish by production of a medical certificate or statutory declaration, the illness of the person concerned. 52.1.3 The entitlement to use sick leave in accordance with this subclause is subject to: 188.8.131.52 the employee being responsible for the care of the person concerned; and
the person concerned being either;
a member of the employee's immediate family;
or a member of the employee's household
The term "Immediate family" includes,
184.108.40.206 a spouse (including a former spouse, a defacto spouse and former defacto spouse) of the employee. A defacto spouse, in relation to a person of the opposite sex to the first mentioned person who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to that person; and 220.127.116.11 a child or an adult child (including an adopted child, a stepchild or an ex-nuptial child), parent, grandparent, grandchild or sibling of the employee or spouse of the employee. 52.1.5 The employee shall, wherever practicable give the employer notice prior to the absence of the intention to take leave, the name of the person requiring care and their relationship to the employee, the reasons for taking such leave and the estimated length of absence. If it is not practicable for the employee to give prior notice of absence, the employee shall notify the employer by telephone of such absence at the first opportunity on the day of absence. 52.2 Unpaid leave for family purposes 52.2.1 An employee may elect with the consent of the employer, to take unpaid leave for the purpose of providing care to a family member who is ill. 52.3 Annual leave 52.3.1 Not withstanding the provision of this clause, an employee may elect with the consent of the employer, to take annual leave in single day periods not exceeding five days in any calendar year at a time or times agreed between them. 52.3.2 Access to annual leave, as prescribed in clause 52.3.1 above shall be exclusive of any shut down period provided for elsewhere under this Agreement. 52.3.3 An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences until at least five consecutive annual leave days are taken.
52.4 Time off in lieu of payment for overtime 52.4.1 An employee may elect with the consent of the employer, to take time off in lieu of payment for overtime at a time or times agreed with the employer. 52.4.2 Overtime taken as time off during ordinary time hours shall be taken at the ordinary time rate, that is an hour for each hour worked. 52.4.3 An employer shall, if requested by an employee, provide payment, at the rate provided for the payment of overtime in this Agreement, for any overtime worked under clause 52.4.1 of this subclause where such time has not been taken within four weeks of accrual. 52.5 Make-up time 52.5.1 An employee may elect, with the consent of their employer to work 'make-up time', under which the employee takes time ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the Agreement. 52.6 Grievance process 52.6.1 In the event of any dispute arising in connection with any part of this clause, such dispute shall be processed in accordance with the dispute settling provisions contained in this Agreement. Schedule A Parental Leave Subject to the terms of this clause employees are entitled to maternity, paternity and adoption leave and to work part-time in connection with the birth or adoption of a child after 12 months of continuous service. 1 MATERNITY LEAVE 1.1 Nature of leave An employee is entitled to maternity leave on full pay for a continuous period of twelve weeks which may be taken beginning within the period commencing six weeks prior to the expected date of birth and concluding 12 months after delivery. An additional period of leave without pay as will bring the aggregate leave to a continuous period of twelve months,
provided that such leave without pay shall be taken within the period from twenty weeks before the expected date of birth to twelve months after the date of delivery after the commencement of the period of paid leave is available. The rate of pay for this period of absence shall be calculated as for sick leave on full pay, but no deduction from sick leave credits will be made. 1.2
For the purposes of this subclause: 1.2.1 "Employee" includes a part-time employee but does not include an employee engaged upon casual or seasonal work. 1.2.2 " Paternity leave" means leave of the type provided for in subclause 38.2 whether prescribed in an Agreement or otherwise. 1.2.3 "Child" means a child of the employee or the employee's spouse under the age of one year. 1.2.4
"Spouse" includes a de facto or former spouse
1.2.5 "Continuous service" means service under an unbroken contract of employment and includes: 18.104.22.168 schedule
any period of leave taken in accordance with this
22.214.171.124 any period of part-time employment worked in accordance with this clause or 126.96.36.199 any period of leave or absence authorised by the Council or by this Agreement 1.3
Eligibility for maternity leave
1.3.1 An employee who has served a continuous period of not less than twelve moths and who submits to the Council a certificate from a registered medical practitioner stating that she is pregnant and specifying the day on which it is expected she will give birth shall be entitled to maternity leave in accordance with the following provisions: 188.8.131.52 The period of unbroken period of from include a period of six immediately following a
maternity leave shall be for an six to fifty two weeks and shall weeks compulsory leave to be taken confinement
184.108.40.206 For the purposes of this schedule an employee shall be entitled to use accrued sick leave credits to cover all or part of the additional period of absence without the requirement for production of a medical certificate and may also use other types of paid leave credits to cover all or part of the additional period of absence 220.127.116.11 The period of maternity leave shall count as service for all purposes, with the qualification that the period to count as service for recreation leave purposes is limited to twenty six weeks or the period of leave with pay, whichever is longer 18.104.22.168 Provided there is no break in service a period of temporary service shall be counted as eligibility for maternity leave for the purposes of this schedule. 1.4
1.4.1 At the time specified in 1.5 of this schedule the employee must produce to the Council a certificate from a registered medical practitioner stating that she is pregnant and expected date of confinement 1.4.2 A statutory declaration stating particulars of any period of paternity leave sought or taken by her spouse and that for the period of maternity leave she will not engage in any conduct inconsistent with her contract of employment. 1.5
1.5.1 An employee shall not less than ten weeks prior to the presumed date of confinement, produce to the Council the certificate referred to in 1.4 of this Schedule 1.5.2 An employee shall give not less than four weeks notice in writing to the Council of the date upon which she proposes to commence maternity leave stating the period of leave to be taken and shall, at the same time, produce to the Council the statutory declaration referred to in 1.4. 1.5.3 Council by not less than fourteen days notice in writing to the employee may require her to commence maternity leave at any time within the six weeks immediately prior to her presumed date of confinement. 1.5.4 An employee shall not be in breach of this clause as a consequence of failure to give the stipulated period of notice in accordance with clause 1.4 of this schedule if such failure is occasioned by the confinement occurring earlier than the presumed date
Transfer to a safe job
1.6.1 Where, in the opinion of a registered medical practitioner, illness or risks arising out of the pregnancy or hazards connected with the work assigned to the employee make it inadvisable for the employee to continue at her present work, the employee shall, if the Council deems it practicable, be transferred to a safe at the rate and on the conditions attaching to that job until the commencement of maternity leave. 1.6.2 If the transfer to a safe job is not practicable, the employee may, or the Council may require the employee to, take leave for such period as is certified necessary by a registered medical practitioner. Such leave shall be treated as maternity leave for the purposes of 1.3.1 and 1.3.2 of this schedule. 1.7
Variation of period of maternity leave
1.7.1 Provided the maximum period of maternity leave does not exceed the period to which the employee is entitled under 1.1 hereof 1.7.2 The period of maternity leave may be lengthened once only by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be lengthened 1.7.3 The period may be further lengthened by agreement between the Council and the employee. 1.7.4 The period of maternity leave may, with the consent of the Council, be shortened by the employee giving not less than fourteen days notice in writing stating the period by which the leave is to be shortened. 1.8
Cancellation of maternity leave
1.8.1 Maternity leave, applied for but not commenced, shall be cancelled when the pregnancy of an employee terminates other than by the birth of a living child. 1.8.2 Where the pregnancy of an employee then on maternity leave terminates other than by the birth of a living child, it shall be the right of the employee to resume work at a time nominated by the Council which shall not exceed four weeks from the date of notice in writing by the employee to the Council that she desires to resume work. 1.9
Special Maternity Leave and Sick Leave
1.9.1 Where the pregnancy of an employee not then on maternity leave terminates after twenty eight weeks other than by the birth of a living child then: (a) she shall be entitled to such period of unpaid leave (to be known as special maternity leave) as a registered medical practitioner certifies as necessary before her return to work; or (b) for illness other than the normal consequences of confinement she shall be entitled, either in lieu of or in addition to special maternity leave, to such paid sick leave as to which she is then entitled and which a registered medical practitioner certifies as necessary before her return to work. 1.9.2 Where an employee not then on maternity leave suffers illness related to her pregnancy, she may take such paid sick leave as to which she is then entitled and such further unpaid leave (to be known as special maternity leave) as a registered practitioner certifies as necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the employee is entitled under 1.3 of this schedule. 1.9.3 For the purposes of 1.10, 1.11 and 1.12 of this schedule, maternity leave shall include special maternity leave. 1.9.4 An employee returning to work after the completion of a period of leave taken pursuant to this paragraph shall be entitled to the position which she held immediately before proceeding on such leave or, in the case of an employee who was transferred to a safe Job pursuant to clause 1.6 hereof, to the position she held immediately before such transfer. 1.9.5 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing she shall be entitled to a position as nearly comparable in status and pay to that of her former position. 1.10 Maternity leave and other leave entitlements 1.10.1 Provided the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under 1.3 of this schedule, an employee may, in lieu of or in conjunction with maternity leave, take any annual leave or long service leave or any part thereof to which she is entitled.
1.10.2 Paid sick leave or other paid authorised Agreement absences (excluding annual leave or long service leave) shall not be available to an employee during her absence on maternity leave. 1.11 Effect of maternity leave on employment 1.11.1 Subject to this subclause, notwithstanding any Agreement or other provision to the contrary, absence on maternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant Agreement or agreement. 1.12 Termination of employment 1.12.1 An employee on maternity leave may terminate her employment at any time during the period of leave by notice given in accordance with this Agreement. 1.12.2 The Council shall not terminate the employment of an employee on the ground of her pregnancy or of her absence on maternity leave, but otherwise the rights of Council in relation to termination of employment are not hereby affected. 1.13 Return to work after maternity leave 1.13.1 An employee shall confirm her intention of returning to work by notice in writing to the Council given not less than four weeks prior to the expiration of her period of maternity leave. 1.13.2 An employee, upon returning to work after maternity leave or the expiration of the notice required by clause 1.13.1 of this schedule, shall be entitled to the position which she held immediately before proceeding on maternity leave or, in the case of an employee who was transferred to a safe job pursuant to 1.6 of this schedule, to the position which she held immediately before such transfer or in relation to an employee who has worked parttime during the pregnancy the position she held immediately before commencing such part-time work. 1.13.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of per-forming, she shall be entitled to a position as nearly comparable in status and pay to that of her former position. 1.14 Replacement employees
1.14.1 A replacement employee is an employee specifically engaged as a result of an employee proceeding on maternity leave. 1.14.2 Before Council engages a replacement employee the Council shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced. 1.14.3 Before Council engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising her rights under this subclause, the Council shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. 1.14.4 Nothing in this subclause shall be construed as requiring Council to engage a replacement employee. 2
2.1 Nature of leave An employee is entitled to paternity leave of up to one week on full pay after 12 months continuous service to the school for each child to be born during the father's employment. Council has the discretion to grant up to three days paternity leave on full pay for full-time and part-time employees who have rendered at least nine months but less than twelve months continuous service to the school. 2.2
For the purposes of this subclause: 2.2.1 Employee includes a part-time employee but does not include an employee engaged upon casual or seasonal work 2.2.2 Maternity leave means leave of the type provided for in 1.1 of this schedule (and includes special maternity leave) whether prescribed in an Agreement or otherwise. 2.2.3 Child means a child of the employee or employee's spouse under the age of one year 2.2.4
Spouse includes a de facto or a former spouse
2.2.5 Primary care-giver means a person who assumes the principal role of providing care and attention to a child
2.2.6 Continuous service means service under an unbroken contract of employment and includes: 22.214.171.124 clause
Any period of leave taken in accordance with this
126.96.36.199 Any period of part-time employment worked in accordance with this clause or 188.8.131.52 Any period of leave or absence authorised by the Council or by the Agreement 2.3
Eligibility for paternity leave
2.3.1 A male employee, upon production to Council of the certificate required by 1.4, shall be entitled to one or two periods of paternity leave, the total of which shall not exceed 52 weeks, in the following circumstances: 184.108.40.206 An unbroken period of up to one week at the time of confinement of his spouse 220.127.116.11 A further unbroken period of up to 51 weeks in order to be the primary care-giver of a child provided that such leave shall not extend beyond the child's first birthday. This entitlement shall be reduced by any period of maternity leave taken by the employee's spouse in relation to the same child and shall not be taken concurrently with that maternity leave. 2.3.2 The employee must have had at least 12 months continuous service with that Council immediately preceding the date upon which he proceeds upon either period of leave. 2.4 Certification At the time specified in 1.5 the employee must produce to the Council: 2.4.1 A certificate from a registered medical practitioner which names his spouse, states that she is pregnant and the expected date of confinement or states the date on which the birth took place; 18.104.22.168 in relation to any period to be taken under 2.3.1, a statutory declaration stating: 22.214.171.124 he will take that period of paternity leave to become the primary care-giver of a child; 126.96.36.199 particulars of any period of maternity leave sought or taken by hi is spouse; and
188.8.131.52 for the period of paternity leave he will not engage in any conduct inconsistent with his contract of employment. 2.5
2.5.1 The employee shall, not less than ten weeks prior to each proposed period of leave, give the Council notice in writing stating the dates on which he proposes to start and finish the period or periods of leave and produce the certificate and statutory declaration required in 2.4 hereof 2.5.2 The employee shall not be in breach of this paragraph as a consequence of failure to give the notice required in 2.5.1 hereof if such failure is due to: (i) the birth occurring earlier than the expected date; or (ii) the death of the mother of the child; or (iii) other compelling circumstances. 2.5.3 The employee shall immediately notify his Council of any change in the information provided pursuant to 2.4 hereof 2.6
Variation of period of paternity leave
2.6.1 Provided the maximum period of paternity leave does not exceed the period to which the employee is entitled under 2.2 hereof (a) the period of paternity leave provided by 2.3 may be lengthened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened (b) the period may be further lengthened by agreement between the Council and the employee. 2.6.2 The period of paternity leave taken under 2.3.1 hereof may, with the consent of the Council, be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened. 2.7
Cancellation of paternity leave
2.7.1 Paternity leave, applied for under 184.108.40.206 hereof but not commenced, shall be cancelled when the pregnancy of the employees spouse terminates other than by the birth of a living child.
Paternity leave and other leave entitlements
2.8.1 Provided the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under 2.1 hereof, an employee may, in lieu of or in conjunction with paternity leave, take any annual leave or long service leave or any part thereof to which he is entitled. 2.8.2 Paid sick leave or other paid authorised Agreement absences (excluding annual leave or long service leave) shall not be available to an employee during his absence on paternity leave. 2.9
Effect of paternity leave on employment
2.9.1 Subject to this subclause, notwithstanding any Agreement or other provision to the contrary absence on paternity leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant Agreement or agreement. 2.10 Termination of employment 2.10.1 An employee on paternity leave may terminate his employment at any time during the period of leave by notice given in accordance with this Agreement. 2.10.2 Council shall not terminate the employment of an employee on the around of his absence on paternity leave, but otherwise the rights of the Council in relation to termination of employment are not hereby affected. 2.11 Return to work after paternity leave 2.11.1 An employee shall confirm his intention of returning to work by notice in writing to the Council given not less than four weeks prior to the expiration of the period of paternity leave provided by 2.3 hereof 2.11.2 An employee, upon returning to work after paternity leave or the expiration of the notice required by 2.1 hereof, shall be entitled to the position which he held immediately before proceeding on paternity leave, or in relation to an employee who has worked part-time under this clause to the position he held immediately before commencing such part-time work. 2.11.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, he shall be
entitled to a position as nearly comparable in status and pay to that of his former position. 2.12 Replacement employees 2.12.1 A replacement employee is an employee specifically en-aged as a result of an employee proceeding on paternity leave. 2.12.2 Before Council engages a replacement employee the Council shall inform that person of the temporary nature of the employment and of the rights of the employee who is being replaced. 2.12.3 Before Council engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising his rights under this subclause, the Council shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. 2.12.4 Nothing in this subclause shall be construed as requiring Council to encase a replacement employee. 3
Nature of leave
Adoption leave is unpaid leave.
For the purposes of this subclause:
(a) "Employee" includes a part-time employee but does not include an employee engaged upon casual or seasonal work. (b) "Child" means a person under the age of five years who is placed with the employee for the purposes of adoption, other than a child or stepchild of the employee or of the spouse of the employee or a child who has previously lived continuously with the employee for a period of six months or more. (c) "Relative adoption" occurs where a child, as defined, is adopted by a Grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage). (d) "Primary care-giver" means a person who assumes the principal role of providing care and attention to a child. (e)
"Spouse" includes a de facto spouse.
(f) "Continuous service" means service under an unbroken contract of employment and includes: (i) Any period of leave taken in accordance with this clause, (ii) Any period of part-time employment worked in accordance with this clause, or (iii) Any period of leave or absence authorised by the Council or by the Agreement. 3.3
3.3.1 An employee, upon production to the Council of the documentation required by paragraph 2.4 hereof shall be entitled to one or two periods of adoption leave, the total of which shall not exceed 52 weeks, in the following circumstances 3.3.2 An unbroken period of up to three weeks at the time of the placement of the child; 3.3.3 An unbroken period of up to 52 weeks from the time of its placement in order to be the primary care-giver of the child. This leave shall not extend beyond one year after the placement of the child and shall not be taken concurrently with adoption leave taken by the employees spouse in relation to the same child. This entitlement of up to 52 weeks shall be reduced by: (i) and
Any period of leave taken pursuant to 3.5.2 hereof,
(ii) The aggregate of any periods of adoption leave taken or to be taken by the employees spouse 3.3.4 The employee must have had at least 12 months continuous service with that Council immediately preceding the date upon which he or she proceeds upon such leave in either case. 3.4
3.4.1 Before taking adoption leave the employee must produce to the Council 3.4.2 A statement from an adoption agency or other appropriate body of the presumed date of placement of the child with the employee for adoption purposes; or
3.4.3 A statement from the appropriate government authority confirming that the employee is to have custody of the child pending application for an adoption order. 3.4.4 In relation to any period to be taken under 3.3 hereof, a statutory declaration stating: 220.127.116.11 The employee is seeking adoption leave to become the primary care-giver of the child; 18.104.22.168 Particulars of any period of adoption leave sought or taken by the employee's spouse; and 22.214.171.124 For the period of adoption leave the employee will not engage in any conduct inconsistent with his or her contract of employment. 3.5
3.5.1 Upon receiving notice of approval for adoption purposes, an employee shall notify the Council of such approval and within two months of such approval shall further notify the Council of the period or periods of adoption leave the employee proposes to take. In the case of a relative adoption the employee shall notify as aforesaid upon deciding to take a child into custody pending an application for an adoption order. 3.5.2 An employee who commences employment with an Council after the date of approval for adoption purposes shall notify the Council thereof upon commencing employment and of the period or periods of adoption leave which the employee proposes to take - Provided that such employee shall not be entitled to adoption leave unless the employee has not less than 12 months continuous service with that Council immediately preceding the date upon which he or she proceeds upon such leave. 3.5.3 An employee shall, as soon as the employee is aware of the presumed date of placement of a child for adoption purposes but no later than 14 days before such placement, give notice in writing to the Council of such date and of the date of the commencement of any period of leave to be taken under 3.3 hereof 3.5.4 An employee shall, ten weeks before the proposed date of commencing any leave to be taken under 3.3 hereof give notice in writing to the Council of the date of commencing leave and the period of leave to be taken. 3.5.5 An employee shall not be in breach of this subclause, as a consequence of failure to give the stipulated period of notice in accordance with 4.1, hereof
if such failure is occasioned by the requirement of an adoption agency to accept earlier or later placement of a child, the death of the spouse or other compelling circumstances. 3.6
Variation of period of adoption leave
3.6.1 Provided the maximum period of adoption leave does not exceed the period to which the employee is entitled under 3.3 hereof 3.6.2 The period of leave taken under 3.1 hereof may be lengthened once only by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be lengthened; 3.6.3 The period may be further lengthened by agreement between the Council and employee. 3.6.4 The period of adoption leave taken under 3.2 hereof may, with the consent of the Council, be shortened by the employee giving not less than 14 days notice in writing stating the period by which the leave is to be shortened. 3.7
Cancellation of adoption leave
3.7.1 Adoption leave, applied for but not commenced, shall be cancelled should the placement of the child not proceed. 3.7.2 Where the placement of a child for adoption purposes with an employee then on adoption leave does not proceed or continue, the employee shall notify the Council forthwith and the Council shall nominate a time not exceeding four weeks from receipt of notification for the employee's resumption of work. 3.8
3.8.1 The Council shall grant to any employee who is seeking to adopt a child, such unpaid leave not exceeding two days, as is required by the employee to attend any compulsory interviews or examinations as are necessary as part of the adoption procedure - Where paid leave is available to the employee the Council may require the employee to take such leave in lieu of special leave. 3.9
Adoption leave and other entitlements
3.9.1 Provided the aggregate of any leave, including leave taken under this subclause, does not exceed the period to which the employee is entitled under 3.2 hereof,
an employee may, in lieu of or in conjunction with adoption leave, take any annual leave or long service leave or any part thereof to which he or she is entitled. 3.9.2 Paid sick leave or other paid authorised Agreement absences (excluding annual leave or long service leave), shall not be available to an employee during the employee's absence on adoption leave. 3.10 Effect of adoption leave on employment 3.10.1 Subject to this subclause, notwithstanding any Agreement or other provision to the contrary, absence on adoption leave shall not break the continuity of service of an employee but shall not be taken into account in calculating the period of service for any purpose of any relevant Agreement or agreement. 3.11 Termination of employment 3.11.1 An employee on adoption leave may terminate the employment at any time during the period of leave by notice given in accordance with this Agreement. 3.11.2 Council shall not terminate the employment of an employee on the ground of the employee's application to adopt a child or absence on adoption leave, but otherwise the rights of a Council in relation to termination of employment are not hereby affected. 3.12 Return to work after adoption leave 3.12.1 An employee shall confirm the intention of returning to work by notice in writing to the Council given not less than four weeks prior to the expiration of the period of adoption leave provided by 3.2 hereof 3.12.2 An employee, upon returning to work after adoption leave shall be entitled to the position held immediately before proceeding on such leave or in relation to an employee who has worked part-time under this clause the position held immediately before commencing such parttime work. 3.12.3 Where such position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee shall be entitled to a position as nearly comparable in status and pay to that of the employee's former position. 3.13 Replacement employees
3.13.1 A replacement employee is an employee specifically engaged as a result of an employee proceeding on adoption leave. 3.13.2 Before Council engages a replacement employee the Council shall that person of the temporary nature of the employment and of the rights of the employee who is being replaced. 3.13.3 Before Council engages a person to replace an employee temporarily promoted or transferred in order to replace an employee exercising rights under this subclause, the Council shall inform that person of the temporary nature of the promotion or transfer and of the rights of the employee who is being replaced. 3.13.4 Nothing in this subclause shall be construed as requiring Council to engage a replacement employee. 4 PARENTAL LEAVE AND PART-TIME WORK 4.1
For the purposes of this subclause: a) "Male employee" means an employed male who is caring for a child born of his spouse or a child placed with the employee for adoption purposes. b) "Female employee" means an employed female who is pregnant or is caring for a child she has borne or a child who has been placed with her for adoption purposes. c)
"Spouse" includes a de facto spouse.
d) "Former position" means the position held by a female or male employee immediately before proceeding on leave or part-time employment under this subclause whichever first occurs or, if such position no longer exists but there are other positions available for which the employee is qualified and the duties of which he or she is capable of performing, a position as nearly comparable in status and pay to that of the position first mentioned in this definition. e) "Continuous service" means service under an unbroken contract of employment and includes: i) Any period of leave taken in accordance with this clause; ii) Any period of part-time employment worked in accordance with this clause; or
iii) Any period of leave or absence authorised by the Council or by the Agreement. 4.2
With the agreement of the Council:
126.96.36.199 A male employee may work part-time in one or more periods at any time from the date of birth of the child until its second birthday or, in relation to adoption, from the date of placement of the child until the second anniversary of the placement. 188.8.131.52 A female employee may work part-time in one or more periods while she is pregnant where part-time employment is, because of the pregnancy necessary or desirable. 184.108.40.206 A female employee may work part-time in one or more periods at any time from the seventh week after the date of birth of the child until its second birthday. 220.127.116.11 In relation to adoption a female employee may work part-time in one or more periods at any time from the date of the placement of the child until the second anniversary of that date. 4.3
Return to former position
4.3.1 An employee who has had at least 12 months continuous service with Council immediately before commencing part-time employment after the birth or placement of a child has, at the expiration of the period of such part-time employment or the first period, if there is more than one the right to return to his or her former position. 4.3.2 Nothing in 4.3 hereof shall prevent the Council from permitting the employee to return to his or her former position after a second or subsequent period of part-time employment. 4.4
Effect of part-time employment on continuous service
4.4.1 Commencement on pan-time work under this clause, and return from part-time work to full-time work under this clause, shall not break the continuity of service or employment. 4.5
Pro rata entitlements
18.104.22.168 Subject to the provisions of this subclause and the matters agreed to in accordance with 4.2 hereof, parttime employment shall be in accordance with the provisions of this agreement which shall apply pro rata. 4.6
Transitional arrangements - annual leave
4.6.1 An employee working part-time under this subclause shall be paid for and take any leave accrued in respect of a period of full-time employment in such periods and manner as specified in the annual leave provisions of this Agreement, as if the employee were working full-time in the class of work the employee was performing as a fulltime employee immediately before commencing pan-time work under this subclause. 4.6.2 A full-time employee shall be paid for and take any annual leave accrued in respect of a period of pan-time employment under this subclause, in such periods and manner as specified in this Agreement, as if the employee were working part-time in the class of work the employee was performing as a part-time employee immediately before resuming full-time work. 4.6.3 Provided that, by agreement between the Council and the employee, the period over which the leave is taken may be shortened to the extent necessary for the employee to receive pay at the employee's current full-time rate. 4.7
Transitional arrangements - sick leave
4.7.1 An employee working part-time under this subclause shall have sick leave entitlements which have accrued under this Agreement (including any entitlement accrued in respect of previous full-time employment) converted into hours. When this entitlement is used, whether as a part-time employee or as a full-time employee, it shall be debited for the ordinary hours that the employee would have worked during the period of absence. 4.8
Part-time work agreement
4.8.1 Before commencing a period of pan-time employment under this subclause the employee and the Council shall agree: 22.214.171.124
That the employee may work part-time
126.96.36.199 Upon the hours to be worked by the employee, the days upon which they will be worked and commencing times for the work;
188.8.131.52 Upon the classification applying to the work to be performed; and 184.108.40.206
Upon the period of part-time employment.
The terms of this agreement may be varied by
4.8.3 The terms of this agreement or any variation to it shall be reduced to writing and retained by the Council. A copy of the agreement and any variation to it shall be provided to the employee by the Council. 4.8.4 The terms of this agreement shall apply to the part-time employment. 4.9
Termination of employment
4.9.1 The employment of a pan-time employee under this clause, may be terminated in accordance with the provisions of this Agreement but may not be terminated by the Council because the employee has exercised or proposes to exercise any rights arising under this clause or has enjoyed or proposes to enjoy any benefits arising under this clause. 4.9.2 Any termination entitlements payable to an employee whose employment terminated while working parttime under this clause, or while working flail-time after transferring from part-time work under this clause, shall be calculated by reference to the full-time rate of pay at the time of termination and by regarding all service as a flail-time employee as qualifying for a termination entitlement based on the period of full-time employment and all service as a part-time employee on a pro rata basis. 4.10 Extension of Hours of Work 4.10.1 Council may request, but not require, an employee working part-time under this clause to Work outside or in excess of the employee's ordinary hours of duty provided for in accordance with this Agreement. 4.11 Nature of part-time work 4.11.1 The work to be performed pan-time need not be the work performed by the employee in his or her former position but shall be work otherwise performed under this Agreement. 4.12 Inconsistent Agreement Provisions 4.12.1 An employee may work part-time under this clause notwithstanding any other provision of this Agreement which
limits or restricts the circumstances in which part-time employment may be worked or the terms upon which it may be worked including provisions: 220.127.116.11 Limiting the number of employees who may work part-time; 18.104.22.168 Establishing quotas as to the ratio of part-time to full-time employees; 22.214.171.124 Prescribing a Minimum or maximum number of hours a part-time employee may work; or 126.96.36.199 Requiring consultation with, consent of or monitoring by a union; 188.8.131.52 And such provisions do not apply to part-time work under this clause. 4.13 Replacement employees 4.13.1 A replacement employee is an employee specifically engaged as a result of an employee working part-time under this subclause. 4.13.2 A replacement employee may be employed part-time. Subject to this clause, clauses 4.5, 4.6, 4.7, 4.8 and 4.9 apply to the part-time employment of a replacement employee. 4.13.3 Before the Council engages a replacement employee under this clause, the Council shall inform the person of the temporary nature of the employment and of the rights of the employee who is being replaced. 4.13.4 Unbroken service as a replacement employee shall be treated as continuous service for the purposes 4.13.5 Nothing in this subclause shall be construed as requiring the Council to engage a replacement employee. Schedule B Framework for work Organisation and teacher workloads for Yipirinya School 1. Objective The objective of this document is to provide a framework which allows both the employer and employees some certainty about work expectations while retaining flexibility to suit local needs. An outcome should be equity, predictability and consistency within Yipirinya.
Teachers work and professional practice for the purposes of this framework document address the following categories: * * *
face to face teaching release from face to face teaching scheduled meetings
Face to Face Teaching
2.1 The hours of involvement in face to face teaching are based on the number of hours which a teacher spends in class and do not include all the other activities which are involved in classroom teaching. The Council and the IEU recognise that for every hour of face to face teaching additional time is spent in one or more of the following activities: planning, programming, corrections, assessment, reporting, student assistance, disciplinary matters and meetings with colleagues, parents and students. Face to face teaching means those timetabled activities which require instructing students and which require the range of activities described above. Face to face teaching for a full time teacher shall be twenty four hours and forty minutes per week, consistent with the Northern Territory Government Teaching Service. 2.2
A part time teacher will:
* be assigned a number of hours of face to face teaching in proportion to the number of hours assigned to a full time teacher in the school * be assigned supervisory duties in proportion to the number of hours of supervision assigned to a full time teacher 3.
Release from face to face teaching
3.1 Full time teachers are entitled to 12 hours release time per month (four weeks) from face to face teaching. The purpose of this release is to support teachers and to provide educational advantage to both teachers and students. This provision is intended to allow flexibility in the organisation of teachers workloads in terms of coverage of classes and the provision of support for administrative and professional responsibilities and to access language learning opportunities.
3.2 Part time class teachers will be allocated release on a pro rata basis. 3.3 The way in which release time shall be taken should be the subject of agreement between the Principal and the staff to maximise the quality of teaching and learning in the school. 3.4 Teachers who have particular duties such as special education, teacher librarian, ESL, reading recovery and any other specialist role are to have time programmed into their working week to allow them to carry out the abovementioned administrative and professional responsibilities. 4.
Scheduled Meetings and Briefings
4.1 Over a ten week term a teacher may expect to attend up to 15 hours at meetings convened or authorised by the Principal which include all staff meetings, year/grade and curriculum meetings and planning sessions. 5.
Classes with identified special needs students
In reviewing and planning the work organisation of the school the Principal and staff will give attention to the particular learning needs of students and the appropriate size of classes and focused learning groups. This is particularly the case for classes with special needs students and for composite classes or other mixed groups formed due to insufficient numbers for regular single classes. It is recognised that most students at Yipirinya have significant literacy and numeracy needs and require staffing the organisation of classes to meet those needs. 5.2 The Principal will take into account the number of students with identified special needs and the nature of the special needs when classes are being arranged. Where classes have children with special needs appropriate additional loading or support will be provided in a way that meets the specific needs of the teacher. 6.
Spread of Hours
6.1 The working day for staff at Yipirinya is 7.5 hours with a 37 1/2 hour week. 6.2 The face to face teaching time as indicated in clause 2.1 is twenty four forty minutes.
6.3 Apart from rostered duties teachers are required to be in attendance each day for up to thirty minutes before classes commence. 6.4 Teachers are entitled to a lunch break of at least 30 minutes free of disruptions and meetings and are free to leave the school premises during this time provided the school administration is notified according to established school procedures. Schedule C Yipirinya School (Northern Territory) Agreement 1998. Yipirinya School Rates of Pay 6% rise from date of ratification Position Held
$27,573. 00 $24,960. 00 $24,960. 00 $24,060. 00
On Commence ment After 1 year in industry after 2 years in industry
Cleaner Driver Handyman Groundsm an
$29,227. 38 $26,457. 60 $26,457. 60 $26,457. 60
Child Care Worker level 1
Child Care Worker level 2
On Commence ment
After 1 year in industry after 2 years in industry
On Commence ment
After 1 year in industry after 2 years in industry
On Commence ment
After 1 year in industry after 2 years in industry
On Commence ment
Child Care Worker level 3
Child Care Worker level 4
Child Care Worker level 5
year in industry Director Level 1
On Commence ment
After 1 year in industry after 2 years in industry
On Commence ment
After 1 year in industry After 2 years in industry
Director Level 2
SCHEDULE D Current as per the Yipirinya Agreement
3% 1/1 2001
3% + Recalibration of scale 1/10 2001
T1 (2 yr tr)
T2 (3 yr tr)
T3 (4 yr tr)
T4 T5 T6 T7 T8
35928 37622 40024 41440 43068
37006 38751 41225 42683 44360
T4 T4 T5 T6 T6 T7 T8 T8
39,961 39,961 42,758 45,752 45,752 48,954 52,381 52,381
4% 1/10 2002 T1 33925 yr tr T2 36300 3 yr tr T3 38841 4 yr tr T4 41559 T5 44468 T6 47582 T7 50912 T8 54476
Co-ordinator Principal (ET4) Bilingual Qualification Allowance Level 1 Level 2
Education Officers Level 1 1st year 2nd year 3rd year Level 2 1st year 2nd year 3rd year 4th year 5th year Level 3 1st year 2nd year 3rd year 4th year 5th year Level 4 1st year 2nd year 3rd year 4th year 5th year Admin Accountant
Current as per the Yiplirinya Agreement
3% 1/1 2001
3% 1/1 2002
4% 1/1 2003
25630 26241 27462
26399 27028 28286
27191 27839 29134
28279 28953 30300
27717 28070 28682 29291 27891
28549 28912 29542 30170 28728
29405 29779 30429 31075 29590
30581 30971 31646 32318 30773
30512 31123 31732 32344 32953
31427 32057 32684 33314 33942
32370 33018 33664 34314 34960
33665 34339 35011 35686 36358
33564 34173 34785 35393 36004 52040
34571 35198 35829 36455 37084 53601
35608 36254 36903 37548 38197 55209
37032 37704 38380 39050 39725 57418
DECLARATION AND SIGNATORIES This Enterprise Bargaining Agreement has been negotiated following due consideration by all the parties. Signed for and on behalf of the Yipirinya School Council Inc. Signature Date
Signed for and on behalf of the Independent Education Union NT Branch Signature
Date Signed for and on behalf of the Australian Liquor Hospitality Miscellaneous Workers Union NT Branch Signature Date