HOLISTIC APPROACH FAMILY DAY CARE ENTERPRISE AGREEMENT. C:\Users\Michelle\Desktop\EBA\Holistic Agreement.doc

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1 HOLISTIC APPROACH FAMILY DAY CARE ENTERPRISE AGREEMENT

2 TABLE OF CONTENTS PART 1 APPLICATION AND OPERATION 1. Title 2. Commencement and Operation 3. Application and Coverage 4. Definitions 5. Access to the Agreement and the NES 6. The NES and this Agreement 7. Discrimination 8. Individual Flexibility Arrangements PART 2 CONSULTATION AND DISPUTE RESOLUTION 9. Consultation regarding major workplace change 10. Dispute Resolution 11 Individual Flexibility Arrangement PART 3 TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 12. Types of employment 13. Termination of employment 14. Redundancy PART 4 MINIMUM WAGES AND RELATED MATTERS 15. Classifications 16. Wages 17. Allowances 18. Payment of wages 19. Higher duties 20. Accident pay 21. Direct debit of Union dues 22. Superannuation 2

3 PART 5 HOURS OF WORK AND RELATED MATTERS 23. Ordinary hours of work and rostering 24. Breaks 25. Overtime and penalty rates PART 6 LEAVE AND PUBLIC HOLIDAYS 26. Annual leave 27. Personal/carer s leave 28. Compassionate leave 29. Long Service leave 30. Parental Leave 31. Community service leave 32. Jury leave 33. Examination and Study Leave 34. Public holidays 35. Annual Conference 36. Confidentiality PART 7 - SIGNATURE PAGE SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 Classification Wage Rates Allowances and Summary Benefits 3

4 1. Title This Agreement is the Holistic Approach Family Day Care Scheme Enterprise Agreement Commencement and operation This Agreement shall take effect from seven days after Fair Work Australia has approved acidification of the agreement until 30 th June Application and coverage The Agreement is binding on and covers: (a) (b) Holistic Approach Family Day Care Scheme. The Employees of Holistic Approach Family Day Care Scheme who would otherwise be classified under the Children s Services Award 2010 and who is employed in the position classification contained in this Agreement. 4. Definitions 4.1 In this agreement, unless the contrary intention appears: Act means the Fair Work Act 2009 (Cth) Agreement means Holistic Approach Family Day Care Scheme. AQF means the Australian Qualifications Framework. Award means the Children s Services Award 2010, as amended from time to time. Employee means any person employed by the Employer was covered by this Agreement and engaged in the classifications contained in this Agreement. Employer means Holistic Approach Family Day Care Scheme. FWC means the Fair Work Commission. Household means a family group living in the same domestic dwelling. Immediate family means: (a) a spouse of the Employee; 4

5 (b) their de-facto partner (inclusive of same-sex partners) (c) a child or adult child (inclusive of adopted child, stepchild, foster child or an ex-nuptial child) NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth) Standard Rate means the minimum weekly rate for a Children s Service Employee. Union means an organisation of workers whose common purpose is to maintain or improve the conditions of their employment including achieving common goals such as protecting the integrity of its trade, improving safety standards, achieving higher pay and benefits and better working conditions. 4.2 Where this Agreement refers to a condition of employment provided for in the NES the NES definition will apply. 5. Access to the Agreement and NES The Employer must ensure that copies of this Agreement and the NES are available to all Employees to them they apply either on a noticeboard which is conveniently located or near the workplace or through electronic means, whichever makes them more accessible. 6. NES and this Agreement The NES and this Agreement contain the minimum conditions of employment for Employees covered by this Agreement. 7. Discrimination The parties agree that; 7.1 it is their intention to achieve the principal object in section 351 of the Fair Work Act any dispute concerning these provisions and their operations will be progressed initially under the dispute resolution procedure of this agreement; and 5

6 7.3 nothing in these provisions allow any treatment that would otherwise be prohibited applicable Commonwealth, State or Territory legislation. 8. Individual Flexibility arrangement The Employer and an Employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of the terms of this Agreement. If; (a) (b) (c) the agreement deals with one or more of the following matters; i) arrangements about when work is performed; ii) overtime rates; iii) penalty rates; iv) allowances; v) leave loading and the arrangement meets the genuine needs of the Employer and the Employee in relation to one or more of the matters mentioned in paragraph (a) and; the arrangement is generally agreed to by the Employer and Employee PART 2 9. Consultation and major workplace changes 9.1 This term applies if; (a) the Employer has made a definite decision to introduce a major change to production, program, organisation, structure, legal structure, operational structure, or technology in relation to its enterprise; and (b) the changes are likely to have a significant effect on the Employee(s) of the enterprise. 9.2 The Employer must notify the relevant Employee(s) of the decision to introduce a major change. 6

7 9.3 The relevant Employee(s) may appoint a representative for the 9.4 If; purpose of the procedures in this term. (a) (b) (c) a relevant Employee, or the relevant Employees appoint, a representative for the purposes of consultation; and the Employee or Employees advise the Employer of the identity of the representative: the Employer must recognise the representative 9.5 As soon as practicable after making its decision, the Employer must; discuss with the relevant Employee(s); (a) (b) (c) (d) (e) (f) the introduction of the change; and the effect of the change is likely to have on the Employee(s) and; measures the Employer is taking to mitigate the adverse effect of the change of the Employee(s) and; for purposes of the discussion provide, in writing, to the relevant Employee(s) information about the change including the nature of the change proposed and; information about the expected effects of the change on the Employee(s) and; any other matter is likely to affect the Employee(s) 9.6 However, the Employer is not required to disclose confidential or commercially sensitive information to the relevant Employee(s). 9.7 The Employer must give prompt and genuine consideration to matters arising about the major change by the relevant Employee(s). 7

8 9.8 If a term in the Enterprise Agreement provides for a major change to production, programmed, organisation, structure or technology in relation to the enterprise of the Employer, the requirements set out in clauses 9.2, 9.3 and 9.5 are taken not to apply. 9.9 In this term, a major change is likely to have a significant effect on the Employee(s) if the results in; (a) (b) (c) (d) (e) (f) (g) (h) the termination of the employment of the Employee(s) or; major change to the composition, operations or size of the Employers workforce or the skills required of Employee(s); or the elimination or decrease of job opportunities (including opportunities for promotion or tenure); or the alteration of the hours of work; or the need to retain Employee(s); or the need to relocate Employee(s); or another workplace; or the restructuring of jobs In this clause, relevant Employees mean the Employees who may be affected by the major change. 10. Dispute Resolution 10.1 In the event of a dispute about a matter under this agreement, or a dispute in relation to the NES, in the first instance, the parties must attempt to resolve the matter at the workplace by discussion between the Employee or Employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner in discussions between the Employee or Employees concerned and more senior levels of management as appropriate. 8

9 10.2 If a dispute about the matter arising under this agreement or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 10.1 have been taken, a party to the dispute may refer the dispute to Fair Work Australia The parties may agree on the process to be utilised by Fair Work Australia, including mediation, conciliation and consent arbitration Where the matter in dispute remains unresolved, Fair Work Australia may exercise any method of dispute resolution permitted by the ACT that it considers appropriate to ensure the settlement of the dispute An Employee or Employer, may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause While the dispute resolution procedure is being conducted, work must continue in accordance with the agreement and the ACT, subject to the applicable Work Health & Safety legislation, and must not unreasonably fail to comply with the directions of the Employer to perform work, whether at the same or other workplace, that is safe and appropriate for the Employees to perform. 11. Individual Flexibility Arrangements 11.1 Notwithstanding any other provision of this agreement, the Employer and an individual Employee may agree to vary the application of certain terms of this Agreement to meet the genuine individual needs of the Employer and the individual Employee ( the Arrangement ). The terms the Employer and the individual Employee may agree to vary concerned are; (a) (b) (c) (d) Arrangements for when work is performed; Overtime rates; Penalty Rates: Allowance; and 9

10 (e) Leave loading The Employer and the individual Employee must have genuinely made the Arrangement without coercion or duress The Arrangement between the Employer and the individual Employee must: (a) (b) (c) (d) (e) (f) be in writing in a form agreed between the Employer and the union, name the parties to the agreement and to be signed by the Employer and the individual Employee and, if the Employee is under 18 years of age, the Employee s parent or Guardian; state each term of this agreement that the Employer and the individual Employee have agreed to vary; detail how the application of each term has been varied by the agreement between the Employer and the individual Employee. detail the monetary value of each term that has been varied by agreement between the Employer and the individual Employee; detail how the agreement results in the individual Employee being better off or in relation to the individual Employees terms and conditions of the employment; and state the date the arrangement commences to operate The Employer must give the individual Employee a copy of the Arrangement and keep the Arrangement as a time and wages record Except as provided in clause 11.4(a) the arrangement must not require the approval or consent of the person other than the Employer and the individual Employee and Employer seeking to enter into an arrangement must provide a written proposal to the Employee. Where the Employee s understanding of written English is limited, the Employer must make 10

11 measures, including translation into an appropriate language, to ensure that the Employee understands the proposal The arrangement may be terminated; (a) (b) by the Employer or the individual Employee giving four weeks notice of the termination, in writing to the other party and the agreement seizing to operate at the end of the notice period; or at any time, in the written agreement between the Employer and the individual Employee The right to make an arrangement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provisions for an agreement between an Employer and the individual Employee contained in any other terms of this agreement any such arrangement may not be made a requirement by an Employer of any prospective Employee gaining employment. 12. Types of employment 12.1 (a) "Employee" means any person engaged and employed as a: (i) "Full-time Employee" means any Employee other than a Casual, Temporary, or Part-time Employee, who is employed to work 38 hours per week. (ii) "Part-time Employee" means any Employee who is engaged to work a constant number of hours each week which is less than 38 hours per week provided that a consultant, administrative worker or manager may not be employed for more than 30.4 hours per week. (iii) Temporary Employee" means an Employee who is engaged to work full- time or part-time for a specified period which is not more than 12 months but not less than 11

12 20 days provided that an Employee may be employed for a specific period in excess of a full year but not more than two full years where such an Employee is replacing an Employee who is on leave for a specified period in excess of a full year. Each Temporary Employee must be advised in writing prior to appointment that it is a temporary position, the expected length of the appointment and the reason why it is temporary. (iv) Casual Employee means an Employee who is engaged usually for relief purposes and paid as such, provided that a casual Employee employed as a Consultant, administrative worker or manager may be engaged as required by the Employer for up to 20 working days in any one period of employment. The casual engagement of casual Consultant, administrative worker or managers may be extended as required by the Employer if the Employer has been notified that the permanent Consultant, administrative worker or manager will be absent beyond the 20 day period. (b) "Director" means the Consultant, administrative worker or manager who is Responsible for the day to day operation and management of the Early Childhood Services Scheme Contact Employees" means Employees who are in contact with children for the majority of their employment. (c) "Non-Contact Employees" means Employees who are not in direct contact with children. (d) "Nominated Supervisor" means a Consultant or manager or Child Care Employee who is appointed as Nominated Supervisor under the Education and Care Services National Regulations 2011 who is not the Director. 12

13 (e) "Union" means the union to which the Employees are eligible to join. (f) "Employer" means Holistic Approach Family Day Care Scheme. (g) "Child Care Employee" means consultant, administrative worker or state managers who are employed to oversee the independent contractors who care for and educate children. (h) "Pro rata" means the calculation of a proportionate amount that a part time Employee works in comparison to a full time Employee. (i) "Preschool" means a licensed early childhood service which operates during school terms and is not a long day care scheme. (j) Consultant, administrative worker or manager" means any person employed to manage do administrative work and manage the independent contractors who care and education children and who holds the qualification of a Consultant, administrative worker or manager as defined by clause 12. (l) NES" means the National Employment Standards. (m) "ACECQA" means the Australian Children's Education and Care Quality Authority. (n) "Consultant" means a qualified child care worker/ early childhood educator Employee who is responsible for the day to day program of the Family Day Care Scheme. 13. Termination of Employment 13.1 Requirement for notice of termination or payment in lieu. 13

14 (a) an employer must not terminate an employee s employment unless the employer has given the employee written notice of the day of the termination (which shall not be before the date the notice is given) (b) the notice may be given to an employee by; (i) delivering it personally; or (ii) leaving it at the employee s last known address; all (iii) sending it by prepaid post to the employees last known address Amount of notice or payment in lieu of notice The employer must not terminate the employee s employment unless; (a) the time between giving the notice and the day of the termination is at least the period (minimum period of notice) worked out under clause 13.4 (b) the employer has paid to the employee (or a person on behalf of the employee) payment in lieu of notice of at least the amount the employer would have been liable to pay to the employee (or the person on behalf of the employee) at the full rate of pay for the hours the employee would have worked had the employment continued until the end of the minimum period of notice. 14

15 13.4 Minimum period of notice of workout as follows: (a) Period: Employee s period of continuous service with the employer at the end of the day the notice is given: (Notice period) 1. Not more than one year: One week 2. More than one year but not more than three years: Two weeks 3. More than two years but not more than five years: Three weeks 4. More than five years: Four weeks (b) To increase the period by one week, if the employee is over 45 years old and has completed at least two years of continuous service with the employer at the end of the day the notice is given Notice of termination by the employee: The notice of termination required to be given by an employee is the same as that required of an employer, except that there is no requirement on the employee to give the additional notice based on the age of the employee concerned. If an employee is first to give the required notice the employer may withhold from any monies due to the employee on termination under this agreement or the NES, an amount not exceeding the amount the employee would have been paid under this agreement (excluding accrued annual leave entitlement and long service leave entitlement) in respect of the period of notice required by this clause, less any period of notice actually given by the employee. 15

16 13.6 Job search entitlement: Where an employer has given notice of termination to an employee, an employee must be allowed up to 1 days time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that convenient to the employee after consultation with the employer. 14. Redundancy 14.1 Redundancy occurs: (a) Where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing to be done by anyone and that discussion leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour; or (b) Because of insolvency or bankruptcy of the employer. Redundancy payments: Employees period of continuous service with the employer on termination: Redundancy pay period 1. At least one year but less than two years: Four weeks 2. At least two years but less than three years: Six weeks 3. At least three years but less than four years: Seven weeks 4. At least four years but less than five years: Eight weeks 5. At least five years but less than six years: Ten weeks 6. At least six years but less than seven years: Eleven weeks 7. At least seven years but less than eight years: Thirteen weeks 8. At least eight years but less than nine years: Fourteen weeks 9. At least nine years but less than 10 years: Fifteen weeks 10. At least nine years but less than 10 years: Sixteen weeks 16

17 years or more: Sixteen weeks plus One week for every additional completed year of service to a maximum of 45 weeks pay Provided that the redundancy payments shall not exceed the amount which the employee would have and if employment with the employer had proceeded to the employer s normal retirement date Pro rata long service leave will be calculated and paid out to the employee on a termination, regardless of the years of service of the employee made redundant Transfer to lower paid duties: where an employee is transferred to a lower paid duty by reason of redundancy the same period of notice must be given as the employee would have been entitled to, if the employment had been terminated and the employer may at the employers option, make payment instead of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing Employee leaving during notice period: an employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in clause 13 notice of termination. In the circumstances, the employee will be entitled to receive the benefit and payments they would have received under the clause had they remained with the employer until the expiry of notice, but will not be entitled to payment in lieu of notice. 17

18 14.6 Alternative employment affecting obligations to pay redundancy: Suitable alternative employment means employment which provides the employee with the position that: (a) is permanent; (b) has an ordinary rate of wage and condition that are as close as possible to that of the employee s existing position; (c) does not require the employee to change their residence in order to take up the position; (d) has regard to the relevance of the duties and responsibilities, qualifications, experience and competence of the employee; (e) In general, has ordinary hours of duty, no less than those work by the employee in their original position and; (f) does not require an employee to travel in excess of an additional hours per day above the employee s current travel to and from the place of employment, except even employee agrees to work at the alternative work place. (g) Where suitable alternative employment has been offered to an employee and that employee has to decline the position, a redundancy payment shall not be made. (h) The employer, in particular redundancy case, may make an application to Fair Work Australia to have the general severance pay prescription varied if the employee updates acceptable alternative employment which falls outside the definition of suitable alternative employment for an employee. (i) The redundancy provisions do not apply in circumstances involving the transmission of 18

19 business where the second employer recognises the employees period of service with the first employer Job Search Entitlement: During the period of notice of termination given by the employer in accordance with clause 13 an employee shall be granted up to 8 hours paid leave for the purposes of seeking other employment Employees Exempted. This clause does not apply to: employees terminated as a consequence of serious misconduct that justifies dismissal without notice; (a) probationary employees (b) employees engaged for the specific period of time or a specific task or tasks, or (c) casual employees. 15. Classifications This Agreement applies to all permanent staff with classification of employee detailed under Schedule 1 of this Agreement. 16. Wages 16.1 At the date of certification, permanent employees are currently receiving ordinary wages according to the schedules as specified in Schedule 2 of this Agreement From the date of signing this Agreement, all permanent employees covered by this agreement with the exclusion of directors will receive an ordinary wage adjustment to bring wages to a level that is above the Childcare Award, as specified in you individual letters and in line with schedule 2. 19

20 17. Allowances This Agreement applies to all permanent staff with classification of employee detailed under Schedule 3 of this Agreement 18. Payment of wages 18.1 Except on termination of employment, all wages, including over time will be paid on the same day of the week at the end of each pay period, other than Saturday or Sunday Wages may be paid either weekly or fortnightly, by one of the following means: (a) cash; or (b) payment into the employees bank or nominated financial institution account by electronic fund transfer, without cost to the employee Where an employee lawfully leaves their employment, they will be paid all monies due at the time of leaving by cash or electronic funds transfer. Alternatively, the employee may be paid on the next working week, where this is reasonable. 19 Higher duties 19.1 An Employee engaged in duties carrying a higher rate than their ordinary classification for two or more consecutive hours within any shift or day will be paid for the time so worked at the higher rate provided that: (a) the greater part of the time so worked is spent in performing duties carrying the higher rate; (b) An Employee engaged as a Children s Services Employee Level 5 who is required to undertake the duties of a Director by reason of the Director s absence will not be entitled to payment under this clause unless the Director s absence exceeds two complete consecutive working days; 20

21 (c) (d) (e) An Employee engaged as a Children s Services Employee Level 3 who is required to undertake duties of the Director by reason of the Director s non-attendance outside of core hours will not be entitled to payment under this clause; Where any Employee is appointed to act as the Director of a centre or a supervising officer pursuant to the relevant Child Care Regulations, they will be paid for the entire period at the rate applicable for a Director or supervising Officer; or An Employee who is required to undertake the duties of another Employee by reason of the latter Employee s absence for the purpose of attending (with pay) and approved training course (including in service training) will not be entitled to payment under this clause For the purposes of this clause, the duties of an Employee will be determined by the reference to the Children s Services Award 2010 and the Employee s job description (to be included in the individual offer). 20. Accident pay 20.1 Subject to clause 20.2, an employee is entitled to accident pay in accordance with the terms of an order made under the Workplace Relations Act 1996 (Cth) that would have applied to the employee immediately prior to 27 March 2006, and notional agreement preserving a State award that would have applied to the employee immediately prior to 1 January 2010 or a Division 2B State award that would have applied to the employee immediately prior to 1 January (a) if the employee had at the time being in their current circumstances of employment and no Agreement based transition instrument, enterprise agreement or Division 2B 21

22 State employment Agreement had applied to the employee; and (b) that would have entitled the employee to accident pay in excess of the employee s entitlement to accident pay, if any, under any other instrument The employee s entitlement to accident pay under the award, the notional agreement preserving a State award or the Division 2B State award is limited to the amount of accident pay which exceeds the employee s entitlement to accident pay, if any, under any other instrument This clause does not operate to diminish an employee s entitlements to accident pay under any other instrument this clause ceases to operate 21. Direct debit of Union dues Where an employee authorises the employer to do so, the employer will send to the relevant union, within one day period, the direct debit details of that employee for the payment of the employee s union dues. The employer also agrees to advise the relevant union of any changes to the banking details of the employee affecting the direct debit of the union dues. 22. Superannuation 22.1 The Employer must make superannuation contributions in respect of each Employee of such amount as required to ensure that the Employer does not incur any superannuation guarantee charge (SGC) under the Superannuation Guarantee Administration Act 1992 (Cth) and the Superannuation Guarantee Charge Act 1994 (Cth) to a fund nominated by the Employee. 22

23 22.2 Where the Employee fails to inform the Employer of the name of the Superannuation Fund to which to make such contributions, all payments will be made to ANZ Easy Transact Account under the Employee's name The Employer shall not be required to make contributions pursuant to this Agreement in respect of an Employee who: (i) is absent from his or her employment without pay, for such period of absence without pay (ii) a Part time or Casual Employee who earns less than $450 before tax per calendar month Subject to clause 22.1, the Employer intends to make superannuation contributions of 9.8% in respect of each Employee. PART Ordinary hours of work and rostering 23.1 The ordinary hours of work for Employees, shall be an average of 38 hours per week (Monday to Friday on most occasions and Monday to Saturday/Sunday during the 3 annual consultant s forum) The ordinary hours of work for all non-contract Employees may be worked between the hours of 7.00am and 6.00pm (5.00am-8.00pm when restricted flights apply) on any five days Monday to Friday/Saturday. There are 3 compulsory Saturdays required/year (2 forums and our National Conference) a full-time employee shall be paid in accordance with the overtime penalties specified in clause 25 of the agreement. All overtime to be approved by GM. 23

24 23.4 Part - time employment The employer may employ part-time employees in any classification in this agreement. (a) A part-time employee is an employee who; (i) work at less than 90% of full-time hours of 38 hours per week; and (ii) as reasonably predictable hours of work; and (iii) receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees to the same kind of work. (b) At the time of engagement the employer and the parttime employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week of the employee. He will work and the actual starting and finishing times of each day. (c) Any agreed variation of the regular pattern of work will be recorded in writing. (d) An employee is required to roster a part-time employee for a minimum of three consecutive hours on any shift. (e) All time work in excess of the hours as mutually arranged will be over time and paid for in the rates prescribed under club clause 25 of the agreement 24

25 24. Breaks 24.1 An Employee will not be required to work in excess of five hours without an unpaid meal break of not less than 30 minutes and not more than one hour, provided that non-contact Employees who are engaged for not more than six hours continuously may elect to forego a meal break A new break is to be counted as time worked A meal break must be uninterrupted, provided that during an emergency situation an employee may be called upon to perform duties and will be allowed to take the remainder of their breaks at a later time stop for purposes of this subclause an emergency situation may include a natural disaster affecting a parent, another employee, or the operations of the employer. If an employee s middle break is interrupted for any other reason, the employee will be paid at time and a half for a minimum of 15 minutes and thereafter to the nearest quarter hour until an interrupted break is taken or the balance of the break is taken Breaks between work periods; All employees will be entitled to attend a 10 hour rest period between the completion of the work on one day and the commencement of work on the next. Work includes any reasonable additional hours of overtime where an employee recommence work without having had 10 hours off work, the employee will be paid at overtime rates until such time as they are released from duty for a period of 10 consecutive hours without loss of pay for ordinary time hours occurring during the period of such absence. 25

26 by agreement between the employer and the employee the period of ten hours may be reduced to not less than eight hours 25. Overtime and penalty rates 25.1 Entitlement to overtime rates; A full-time employee is paid at overtime rates for any work performed outside of the ordinary hours of work A part-time employee is paid at overtime rates as per the circumstances specified in clause A casual employee is paid at overtime rates in the circumstances specified in clause Overtime Rates Overtime will be paid at the rate of time and a half for the first two hours and double time thereafter. In calculating overtime, each day s work will stand alone Where, due to a genuine and pressing emergency situation, an employee is required to remain at work after their normal finishing time. Such time will be paid at the ordinary rate for the employee s classification. Provided that such emergency overtime does not exceed one hour per week. For the purposes of this subclause an emergency situation may include a natural disaster affecting clients, other employees or the operations of the Employer. 26

27 PART Annual leave 26.1 Entitlement to paid annual leave For each year of service with the employer, an employee, other than a casual employee, is entitled to 4 weeks of paid annual leave An employee s entitlement to paid annual leave accrues progressively during a year of service, according to an employee s ordinary hours of work, and accumulates from year to year Taking annual leave Paid annual leave may be taken for a period agreed between an employee and an employer. The employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave The employer may require an employee to take annual leave by giving at least four weeks notice in the following circumstances: (a) during Christmas vacation; or (b) as part of a close down of its operations; or (c) Where an employee has accrued more than four weeks Leave If an employee does not have sufficient accrued leave to maintain their ordinary rate of pay during the Christmas Vacation period, the employee may be required to take leave without pay for a maximum of four weeks. 27

28 Where a workplace is closed during a vacation period, other than the Christmas vacation, and no work is available, an employee will be paid at the ordinary rate of pay, during such period and will not be forced to take annual leave Christmas Vacation The Employer will have a skeleton staff operating in the Christmas vacation period. The staff will be on a rotating roster in respect to duties over the Christmas Vacation The Employees on the duty roster for the Christmas break will be notified two months in advance to the vacation period, which may be up to 4 weeks if required between the period of 15/12 and 15/ Time In Lieu All employees are entitled to accumulate no more than 1 week (38h/full time employees) of TIL. This must be approved by the GM (general manager). 27. Personal/carer s leave 27.1 Use of Personal Leave (a) A Employee, other than a casual Employee, with responsibilities in relation to member of the Employee's household or Employee's immediate family shall be entitled to use, in accordance with this clause 27.1 and 27.2, any current or accrued sick leave entitlement, provided for in clause 27, for absences to provide care and support, for such persons when they are ill or injured or who require care due to an unexpected emergency. Such leave may be taken for part of a single day. (b) The Employee shall, if required, 28

29 (i) establish either by production of a medical certificate, statutory declaration or evidence satisfactory to the Employer, the illness or unexpected emergency of the person concerned and that the illness or injured is such as to require care by another person, or (ii) establish by production of documentation acceptable to the Employer or a statutory declaration, the nature of the emergency and that such emergency resulted in the person concerned requiring care by the Consultant, administrative worker or manager. In normal circumstances, an Employee must not take carer's leave under this subclause where another person had taken leave to care for the same person. (c) An 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 that person's 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. Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the Employer and Employee shall discuss appropriate arrangements which, as far as practicable, take account of the Employer's and Employee's requirements. Where the parties are unable to reach agreement the disputes procedure at clause 10 should be followed Unpaid Leave for Family Purpose 29

30 An Employee Consultant, administrative worker or manager may elect, with the consent of the Employer, to take unpaid leave for the purpose of providing care and support to a member of the Employee's immediate family or a member of the Employee's household Personal Carers Entitlement for Casual Employees (a) Subject to the evidentiary and notice requirements in subclause 27.1 (a) and 27.1 (b) of this clause, casual Employees are entitled to not be available to attend work, or to leave work if they need to provide care and support to a member of the Employee's immediate family or member of the Employee's household. (b) The Employer and the Employee shall agree on the period for which the Consultant, administrative worker or manager will be entitled to not be available to attend work. In the absence of agreement, the Consultant, administrative worker or manager is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual Employee is not entitled to any payment for the period of non-attendance. (c) An Employer must not fail to re-engage a casual Employee because the Employee accessed the entitlements provided for in this clause. The rights of an Employer to engage or not to engage casual Employees are otherwise not affected. 30

31 28. Compassionate leave 28.1 Compassionate Leave Up to two days paid leave compassionate leave for each occasion when a member of the Employees' immediate family or household as defined in the NES Contracts or develops a personal illness that poses a serious threat to his or her life or Sustains a personal injury that poses a serious threat to his or her life or Dies An additional day compassionate leave to be taken out of an Employee's personal leave entitlements The notice and evidence requirements shall be as set out in clause 27.1(b). 29. Long Service leave The provisions of the NSW Long Service Leave Act 1955 shall apply. 30. Parental Leave 30.1 Other than the paid parental leave in clause 30.2, Parental Leave is provided for in the NES. An Employee shall be entitled to: (a) Up to one day's paid leave on the date of the partner's confinement or on the day on which she leaves hospital following a confinement; and/or 31

32 (b) (c) Up to two day's leave for the purpose of adopting a child; Such leave shall be taken from the Employee's entitlement to personal leave. 31. Community service leave 31.1 A full or part time Employee shall be entitled to be absent from their work for the purposes of carrying out a voluntary emergency activity within the meaning of Section 77 of the Fair Work Act In order to be eligible for leave to attend or Community Service Leave the Employee must comply with the requirements of the Act. 32. Jury leave 32.1 A Full time or Part time Employee required attending for jury service during ordinary working hours shall be provided with paid leave for this purpose. The Employee shall be reimbursed by the Employer an amount equal to the difference between the amount paid in respect of the Employee's attendance for such jury service and the amount of wage the Employee would have received in respect of the ordinary time he or she would have worked had he or she not been on jury service The Employee shall notify the Employer as soon as possible of the date upon which he or she is required to attend for jury service. The Employee shall provide to the Employer a copy of the summons to attend jury duty and a record of payments received as proof of attendance. 33. Examination and Study Leave 33.1 Up to one day's leave on the day of an examination of a course run by a recognised teaching institution or post-secondary college undertaken 32

33 by the Employee to further his or her early childhood education or training A contact Employee who, for the purposes of furthering his or her Early Childhood Education or training, enrols in any course at a recognised University or recognised Consultant, Training Institution or postsecondary college providing education or training to Consultants, Administrators or Managers shall be granted leave without pay for the purpose of attending any compulsory residential school which is a part of such course provided that the Employee shall give at least four weeks' notice. 34. Public holidays 34.1 The following days shall be holidays for the purposes of the Agreement, New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Sunday, Easter Monday, Anzac Day, Queen's Birthday, Holistic Approach Day, Christmas Day, and Boxing Day (and any other State relevant Public Holidays) An Employee is entitled to be absent from their employment on the day or part-day that is a public holiday. However an Employer may request an Employee work on a public holiday. Where an Employee accepts such a request, they shall be paid at the rate of double time and one half with a minimum payment of four hours An Employee can refuse a request to work on a public holiday provided the request is not reasonable or the refusal is reasonable. 35. Conference and Forums 35.1 The Employer has an annual company conference which requires compulsory attendance by all employees. 33

34 35.2 The Employer shall give employees four weeks notice prior to the annual company conference There are three Forums (Saturday) annually (one of which is included in the annual conference set out in clause 35.1), which require compulsory attendance by all employees. 36. Code of Conduct 36.1 The Employer requires the Employees to ensure that at all times they comply with the Holistic Approach FDC Code of Conduct which incorporates confidentiality, conflicts of interest and professionalism, fair and respectful behaviour and information/communication, utilisation of vehicles in work hours and will from time to time be updated to include all other matters that are appropriate to fall within the Code of Conduct The Code of Conduct is available on the intranet and all current versions are available via electronic distribution. 34

35 PART 7 SIGNATORY AND AUTHORISATION I am authorised to sign this agreement on behalf of; HOLISTIC APPROACH FAMILY DAY CARE SCHEME SIGNATURE PRINT NAME AND TITLE Address: HOLISTIC APPROACH FAMILY DAY CARE SCHEME Suite 4/120 Wyong Road KILLARNEY VALE NSW 2261 In the Presence of: SIGNATURE OF WITNESS PRINT NAME DATE FOR THE EMPLOYEES Signed on behalf of the employees SIGNATURE PRINT NAME AND TITLE Address: In the Presence of: SIGNATURE OF WITNESS PRINT NAME 35

36 SCHEDULE 1 CLASSIFICATION Level 1 This is an employee who has no formal qualifications but is able to perform work within the scope of this level. The employee will work under direct supervision in a team environment and will receive guidance and direction at all times. The employee will receive structured and regular on-the-job training to perform the duties expected at this level. Normally an employee at this level will not be left alone with a group of children. (a) Indicative duties Learning and implementing the policies, procedures and routines of the service. Learning how to establish relationships and interact with children. Learning the basic skills required to work in this environment with children. Giving each child individual attention and comfort as required. Basic duties including food preparation, cleaning and gardening. (b) Progression A Level 1 employee will progress to the next level after a period of one year or earlier if the employer considers the employee capable of performing the work at the next level or if the employee actually performs work at the next level. Level 2 This is an employee who has completed 12 months in Level 1, or a relevant AQF Certificate II, or in the opinion of the employer has sufficient knowledge and experience to perform the work within the scope of this level. An employee at this level has limited knowledge and experience in children s services and is expected to take limited responsibility for their own work. Indicative duties Assist in the implementation of the children s program under supervision. Assist in the implementation of daily care routines. Develop awareness of and assist in maintenance of the health and safety of the children in care. Give each child individual attention and comfort as required. 36

37 Understand and work according to the centre or service s policies and procedures. Demonstrate knowledge of hygienic handling of food and equipment. Level 3 This is an employee who has completed AQF Certificate III in Children s Services or an equivalent qualification or, alternatively, this employee will possess, in the opinion of the employer, sufficient knowledge or experience to perform the duties at this level. An employee appointed at this level will also undertake the same duties and perform the same tasks as a CSE Level 2. Indicative duties Assist in the preparation, implementation and evaluation of developmentally appropriate programs for individual children or groups. Record observations of individual children or groups for program planning purposes for qualified staff. Under direction, work with individual children with particular needs. Assist in the direction of untrained staff. Undertake and implement the requirements of quality assurance. Work in accordance with food safety regulations. Level 4 Progression Subject to this award, an employee at this level is entitled to progression to Level 3.3. An employee at this level who has completed an AQF Diploma in Children s Services or equivalent, and who demonstrates the application of skills and knowledge acquired beyond the competencies required for AQF Certificate III in the ongoing performance of their work, must be paid no less than the rate prescribed for Level 3.4. Such an employee would also include an E Worker as previously classified under the Child Care (Long Day Care) WA Award 2005 as a CSE Level 3. Any dispute concerning an employee s entitlement to be paid at Level 3.4 may be dealt with in accordance with clause which may require the employee to demonstrate that they utilise skills and knowledge above those prescribed for Level 3 but below those prescribed for Level 4. This is an employee who has completed a Diploma in Children s Services or equivalent (e.g. Certificate IV in Out of School Hours Care) as recognised by licensing authorities and is appointed as the person in charge of a group of children in the age range from birth to 12 years or an employee who is 37

38 appointed as an Authorised Supervisor (as defined in the Children and Young Persons (Care and Protection) Act 1998 (NSW)). An employee at this level will also take on the same duties and perform the same tasks as a CSE Level 3. Indicative duties Responsible, in consultation with the Assistant Director/Director for the preparation, implementation and evaluation of a developmentally appropriate program for individual children or groups. Responsible to the Assistant Director/Director for the supervision of students on placement. Responsible for ensuring a safe environment is maintained for both staff and children. Responsible for ensuring that records are maintained accurately for each child in their care. Develop, implement and evaluate daily care routines. Ensure that the centre or service s policies and procedures are adhered to. Liaise with families. Level 5 This is an employee who has completed an AQF Level V Diploma in Children s Services or equivalent and is appointed as: an Assistant Director of a service; a Children s Services Consultant; a Family Day Care Consultant; a Family Day Care Trainee Field Consultant; or a School Age Care Consultant. An Assistant Director will also take on the same duties and perform the same tasks as a CSE Level 4. Indicative duties Co-ordinate and direct the activities of employees engaged in the implementation and evaluation of developmentally appropriate programs. Contribute, through the Director, to the development of the centre or service s policies. 38

39 Co-ordinate centre or service operations including Occupational Health and Safety, program planning, staff training. Responsible for the day-to-day management of the centre or service in the temporary absence of the Director and for management and compliance with licensing and all statutory and quality assurance issues. Generally supervise all employees within the service. A Family Day Care Consultant undertakes the following indicative duties: arranges, administers and monitors a number of Family Day Care placements; responsible for the direction, supervision and training of a number of family based childcare workers; implements licensing regulations and accreditation requirements for family day care; assists in recruiting and approving the registration of family based childcare workers in accordance with the scheme s policies and licensing regulations; documents, interprets and uses information about children; assists family based childcare workers to develop care routines for children; communicates effectively with family based childcare workers, children, parents and families; applies well-developed theoretical knowledge to the care situations with respect to cultural diversity, gender issues and scheme philosophy; responsible for the quality of their own work and the work of others; and ensures that records are maintained and up to date. Family Day Care Trainee Field Consultant undertakes the following indicative duties: provides support and guidance to family based childcare workers undertaking the AQF Certificate III Traineeship; undertakes supervision visits for the purpose of on-the-job workplace assessment; organises training assistance such as additional resources, in-service sessions and study groups as required; and contributes to the development of the scheme s policies. 39