VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS VICTORIAN EARLY CHILDHOOD TEACHERS AND ASSISTANTS AGREEMENT 2009

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1 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS VICTORIAN EARLY CHILDHOOD TEACHERS AND ASSISTANTS AGREEMENT TITLE This Agreement shall be referred to as the Victorian Early Childhood Teachers and Assistants Agreement ARRANGEMENT PART A EARLY CHILDHOOD TEACHERS AND ASSISTANTS PART 1 APPLICATION AND OPERATION OF THE AGREEMENT 1. Title 2. Arrangement 3. Scope 4. Parties Bound 5. Date and Period of Operation 6. No Further claims 7. Commitments 8. Industrial Principles 9. No Disadvantage PART 2 COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 10. Procedures for the avoidance of Industrial Dispute - Introduction of Major Change in the Workplace - Grievance procedure - Preliminary dispute resolution - Disciplinary procedure PART 3 EMPLOYER AND EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 11. Employment categories - Probationary employment - Full-time employment - Part-time employment - Casual, Emergency and relief PART 4 WAGES AND RELATED MATTERS 12. Salary packaging 13. Payment of Wages 14. Superannuation PART 5 HOURS OF WORK, BREAKS, OVERTIME SHIFTWORK, WEEK-END WORK 15. Allocation of hours for organisational activities PART 6 LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 16. Annual leave loading 17. Public holidays 18. Bereavement/compassionate leave 19. Carer s Leave 20. Infectious diseases leave 21. Parental leave 1

2 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS - Maternity leave - Partner leave - Adoption leave - Part-time work - Communication during parental leave 22. Jury service 23. Long service leave 24. Approved Unpaid Absence 25. Other leave - Leave to attend examinations - Leave for the conferring of qualifications PART 7 OCCUPATIONAL HEALTH AND SAFETY MATTERS, EQUIPMENT TOOLS AND AMENITIES 26. Accident Pay 27. Occupational Health and Safety PART 8 MISCELLANEOUS 28. Individual Flexibility Arrangement 29. Electronic communication PART B EARLY CHILDHOOD TEACHERS PART 1 EMPLOYER AND EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 30. Notice of termination of employment 31. Redundancy PART 2 WAGES AND RELATED MATTERS 32. Classification and Wages Rates - Definitions - Salary Adjustment and Wages Rates - Application of Incremental Range Early Education Teachers - Application of Incremental Range PSFOs, Advisers, Advisers in Charge - Application of Incremental Range Preschool Play Leaders - Entitlement to Increment definitions - Entitlement to increment context, commitments and principles - Incremental progression within a classification (PDEP) - Incremental progression between classifications - Application of Incremental range following re-employment - Proof of qualification and movement to appropriate incremental range - Emergency teacher - Additional Hours Permanent Part-time Employees - Relief and replacement teacher - Relief Preschool Play Leader 33. Payment for Undergraduate training 34. Early Childhood Teacher In-charge Allowances 35. Protective Clothing Allowance 36. Police Checks 37. Travel Allowance PART 3 HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK 38.1 Early Education Teachers - Arrangement of hours 2

3 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS - Definitions - Weekly Hours - Total Hours of Employment - Implementing the Arrangement of Hours - Teaching and Non-Teaching Management Support/ Ancillary Time 38.2 Preschool Play Leaders allocation of hours 38.3 Hours of work and caseload 38.4 Rescheduling of hours of work 39. Saturday Work Rates 40. Saturday Work Meal Allowance 41. Breaks PART 4 LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 42. Personal sick leave 43. Holidays PART C EARLY CHILDHOOD EDUCATION ASSISTANTS AND ACTIVITY GROUP LEADERS PART 1 EMPLOYER AND EMPLOYEE S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 44. Notice of termination of employment 45. Redundancy PART 2 WAGES AND RELATED MATTERS 46. Classification and Wages Rates - Definitions - Application of incremental Progression - Casual Assistants and Activity Group Leaders - Additional Payments - Toilet cleaning allowance and provisions - Meal Allowance - First Aid Allowance - Protective Clothing Allowance 47. Reimbursement of expenses (Travel) PART 3 HOURS OF WORK, BREAKS, OVERTIME, SHIFTWORK, WEEKEND WORK 48. Hours of work - Spread of hours general - Arrangement of hours Early Childhood Education Assistants - Contact time - Time for support duties - Time for non-teaching duties carried out under supervision of teacher - Time for preparation and planning Activity Group Leaders 49. Breaks 50. Rest pauses 51.1 Overtime 51.2 Time in Lieu System 51.3 Makeup Time System 51.4 RDO System 3

4 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS PART 4 LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 52. Annual Leave 53. Additional period of leave (On Call) 54. Personal sick leave 55. Caring responsibilities casual employees PART 5 MISCELLANEOUS 56. Supported wages system 57. Individual Flexibility Arrangement SCHEDULES SCHEDULE 1 WAGE RATES SCHEDULE 2 (A TO D) TRANSLATION TABLES SCHEDULE 3 SALARY PACKAGING SCHEDULE 4 ROLES AND RESPONSIBILITIES EARLY CHILDHOOD TEACHERS SCHEDULE 5 ROLES AND RESPONSIBILITIES EARLY CHILDHOOD EDUCATION ASSISTANTS AND ACTIVITY GROUP LEADERS SCHEDULE 6 EARLY CHILDHOOD TEACHER STANDARDS SCHEDULE 7 LUMP SUM PAYMENT SCHEDULE 8 EMPLOYER PARTIES TO THE AGREEMENT PART 1 APPLICATION AND OPERATION OF THE AGREEMENT 3. SCOPE The Victorian Early Childhood Teachers and Assistants Agreement 2009 shall cover Early Childhood Teachers however classified, Preschool Playleaders, Early Childhood Education Assistants, Additional Assistants (Special Needs) and Activity Group Leaders employed by employers listed in Schedule 8. 4

5 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS 4. PARTIES BOUND This Agreement shall be binding on the employers listed in Schedule 8 attached to this Agreement And The Australian Education Union (AEU); The Liquor, Hospitality and Miscellaneous Union (LHMU) Any other employee organisation that is declared by Fair Work Australia to be covered by the Agreement under subsection 201(2) of the Fair Work Act 2009 (FW Act) And all employees of employers listed in Schedule 8 who are eligible to be members of the AEU and/or the LHMU. 5. DATE AND PERIOD OF OPERATION 5.1 This agreement will commence to operate on the seventh day after the Agreement is approved by Fair Work Australia, and its nominal expiry date will be three (3) years from the date of its commencement. 5.2 The overall impact of the agreement will be monitored through the life of the agreement in terms of any unintended outcomes. This agreement may be amended in accordance with the requirements of the FW Act or successor. The parties agree to review the operation of this agreement no less than six months prior to the nominal expiry date. 6. NO FURTHER CLAIMS This Agreement is made in settlement of all claims arising from the AEU and LHMU s logs of claims of February There shall be no further salary increases, if any, before 1 May Provided that in the event a successor agreement is not agreed by 30 April 2013 there will be a guaranteed salary increase, consistent with the Departmental Funding Model at that time, effective from the first pay period on or after 1 May COMMITMENTS Providing the best possible start in life for all Victorian children requires a commitment to ensuring the best educational opportunities and providing concrete reforms to achieve this end. Fundamental to this is ensuring that early childhood services have skilled and committed staff who are supported to deliver their very best in the professional contexts in which they work. The commitments set out below acknowledge the centrality of teacher and assistant practice in improving system and service performance and most importantly, outcomes for children and families. The parties bound to the agreement are committed to the following: (a) Implement the Blueprint for Education and Early Childhood Development and early childhood COAG initiatives; 5

6 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS (b) (c) Work towards provision of 15 hours of kindergarten per week in the year before school, delivered by a qualified teacher; Implement transition plans (kindergarten to school) 8. INDUSTRIAL RELATIONS PRINCIPLES The parties commit themselves to the following industrial relations principles: (a) Cooperative and consultative relationships between management, employees and the unions; (b) Management, employee and union relationships based on mutual respect, trust and preparedness to consider alternative viewpoints; (c) Negotiations involving a mutual problem solving approach focusing on long term gains for all parties; (d) To work within a progressive industrial relations culture to create a system of highly effective early childhood services with effective workplace practices; (e) Recognition of an appropriate role for workplace representatives 9. NO DISADVANTAGE This Agreement shall not result in overall disadvantage to employees relative to current enterprise agreements. PART A EARLY CHILDHOOD TEACHERS AND ASSISTANTS (ALL CLASSIFICATIONS) PART 2 COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION 10. PROCEDURES FOR THE AVOIDANCE OF INDUSTRIAL DISPUTES 10.1 Introduction of Major Change in the Workplace In order to avoid disputation, the following procedure will be undertaken when major change is to take place within the workplace Employers duty to notify (a) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall notify the employees who may be affected by the proposed changes and the relevant nominated employee representative when requested (b) "Significant effects" includes termination of employment, major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work, particularly a reduction in the hours of employment; the need 6

7 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS for retraining or transfer of employees to other work or locations and the restructuring of jobs. Provided that where the Agreement makes provision for alteration of any of the matters referred to herein an alteration shall be deemed not have significant effect (c) Particularly where the changes proposed are to result in the reduction of hours of employment of an employee, the notification referred to in (a) shall include specific details about the reason for the reduction (enrolment changes, financial reasons etc). This information shall be provided to the employee affected and the relevant nominated employee representative when requested with adequate notice prior to the anticipated date of effect Employer's duty to discuss change (a) The employer shall discuss with the employees affected and the relevant nominated employee representative when requested the introduction of the changes referred to in clause hereof, the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or the relevant nominated employee representative in relation to the changes (b) The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause (a) hereof (c) For the purposes of such discussion, the employer shall provide in writing to the employees concerned and the relevant nominated employee representative when requested, all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and any other matters likely to affect employees provided that any employer shall not be required to disclose confidential information the disclosure of which would be inimical to the employer's interests Grievance Procedure The parties recognise that from time to time individual employees or groups of employees may have grievances which need to be resolved in the interest of good relationships. The parties acknowledge that the grievances may range from ones centred on relationships to disputes about any matters arising under this Agreement or in relation to the National Employment Standards. It is the objective of this procedure to ensure that grievances are resolved through the most efficient process by negotiation and discussion and without unnecessary delay (a) An employee, or two or more employees who share a common grievance, may elect to pursue resolution of that grievance through a process of mediation. In this event the procedure as at (a) (h) shall apply. In all other circumstances the procedure detailed at or shall apply as appropriate. (b) In making their determination as to whether to utilise the mediation process the employee/s shall give consideration to the nature of their grievance. Utilisation of the mediation process may be appropriate to those issues which do not focus on the interpretation of terms of this Agreement. Mediation is not a substitute for legal, technical, occupational health and safety or industrial advice. 7

8 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS (c) Commencement of the mediation process shall be subject to the agreement of the parties. Where the agreement of the employer to a mediation process is not attained, the grievance shall be dealt with in accordance with clause or Mediation procedure These procedures emphasise a mutually respectful approach to grievance resolution through mediation and are designed to lead to a prompt resolution of difficult problems. (a) The parties shall agree to engage the services of a duly qualified mediator to assist in the negotiation of a resolution. (b) For the purposes of (a) a duly qualified mediator ( the mediator ) refers to a person who has successfully completed a mediation course accredited with the Institute of Arbitrators and Mediators Australia or similarly accredited body or provides mediation services through the Dispute Settlement Centre Victoria (Department of Justice, Victoria). (c) The parties will participate in the mediation process in good faith with a mutual objective to resolve the grievance to the satisfaction of both parties as soon as practicable. (d) Neither party will unnecessarily delay the mediation process. The mediator will attempt to facilitate an outcome that is satisfactory to both parties and can be implemented within the terms of this Agreement and relevant legislation. (e) Any matter associated with the mediation shall remain confidential to the parties to the grievance unless permission is given by all parties. (f) At any time either party may cease the mediation process and return to the Grievance Procedure as provided for at or (g) The costs of the mediator will be shared between the parties. (h) Notwithstanding (g) the employer may elect to bear the total cost of the mediation service Where the employer constitutes a Committee of Management the following procedure shall apply: (a) The employee shall attempt in the first instance to resolve the matter with his/her immediate superior or in the absence of such, directly with the nominated representative(s) of the employer where requested by the employer. A representative of the relevant employee representative shall be present if requested by the employee (b) If the employee still feels aggrieved then the matter shall be referred to a Sub- Committee or Officer appointed by the employer for this purpose. If no relevant Sub- Committee or Officer has been appointed by the employer for this purpose, then the matter shall be referred to the relevant employer representative where requested by the employer as noted in clause (c). A representative of the relevant employee representative shall be present if requested by the employee (c) If the employee still feels aggrieved then, the matter shall be referred to the relevant employer organisation or other representative nominated by the employer where 8

9 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS requested by the employer. A representative of the relevant employee shall be present if requested by the employee (d) It is agreed that the requirements in clauses (a) to (b) shall be fulfilled within seven days unless it is agreed by the aggrieved employee that this period may be extended to a maximum of 14 days. The requirements in clause (c) shall be fulfilled within an additional seven days (e) Until the grievance is determined, the employee shall continue normal work unless health and safety matters are involved (f) No party shall be prejudiced as to the final settlement by the continuance of work (g) If the grievance is not settled the matter shall be referred to Fair Work Australia or successor for decision (h) All matters relating to the validation process, as provided at clause 32.9, shall be excluded from this grievance procedure Where an employer is not a Committee of Management the following procedure shall apply: (a) The employee shall attempt in the first instance to resolve the matter with his/her immediate superior or in the absence of such, with the employer directly. A nominated employee representative shall be present if requested by the employee (b) If the employee still feels aggrieved then the matter shall be referred to his/her department head if relevant, or in the absence of such with the employer directly. A nominated employee representative shall be present if requested by the employee (c) If the grievance is still unresolved, the matter shall be referred to senior management if relevant, or in the absence of such, with the employer directly. A nominated employee representative shall be present if requested by the employee (d) If the grievance is still unresolved the nominated employee representative shall be advised if requested by the employee and a joint meeting shall be arranged with the relevant employer organisation where requested by the employer (e) It is agreed that the requirements of clauses (a) to (d) shall be fulfilled within seven days unless it is agreed by the aggrieved employee that this period may be extended to a maximum of 14 days (f) Until the grievance is determined, the employee shall continue normal work unless health and safety matters are involved (g) No party shall be prejudiced as to the final settlement by the continuance of work (h) If the grievance is not settled the matter shall be referred to Fair Work Australia for decision Preliminary dispute resolution The parties agree that it is generally preferable to attempt to resolve complaints or 9

10 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS performance issues informally before deciding to initiate formal disciplinary processes in accordance with clause However, in more serious cases, the employer may elect to deal with the matter under the formal process (clause 10.4) Where an employer becomes aware of an issue concerning the conduct or performance of an employee, the employer will arrange a meeting at a suitable time with the employee to discuss the issue(s) At the commencement of the meeting the employer will describe the specific work performance issues or conduct that are of concern and ensure the employee has a clear understanding of the issues. Both the employer and the employee will respect each other's right to participate in the discussion of the matters of concern. The purpose of the meeting with the employee is to attempt to reach mutual understanding and agreement on the matters under discussion as well as appropriate outcomes or changes Where appropriate, the employer shall provide details about specific instances where there has been a failure to comply with work performance or conduct requirements The employee shall be given every opportunity to seek clarification, discuss, comment on and explain their own view of the issues or conduct, at the initial meeting or a further meeting that is agreed to be held Once the issues/concerns have been canvassed, the employer and the employee will discuss what outcomes are appropriate in order to address the issues/concerns. The employer and employee will aim to reach mutual agreement about specific outcomes related to the particular performance issues or conduct Where appropriate, a review date will be set to monitor progress toward achievement of these outcomes. Any specific outcomes identified during the meeting with the employee will be recorded in writing and a copy given to the employee All persons involved in this process shall keep information collected during the course of the process confidential except to the extent required to obtain advice or to meet legal requirements or to support or answer the allegations within the complaint or concerns Disciplinary Procedure The employer shall ensure that the principles of procedural fairness underpin any investigation into an employee s performance or conduct This clause shall not apply to casual assistants, emergency, relief and probationary employees Where the employer decides disciplinary action is necessary, the employer shall notify the employee in writing of the reasons why the disciplinary action is being taken in relation to the employee s conduct or performance The employer and employee/s shall meet to discuss the reasons why the employer is taking disciplinary action The employee shall be given an opportunity to respond to any allegations of unsatisfactory conduct or performance including the reasons why the employer is taking disciplinary action. 10

11 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS The first warning must be both verbal and written. It shall be recorded on the employee s personnel file and a copy shall be given to the employee. A nominated employee representative shall be present if requested by the employee. A nominated employer representative shall be present if requested by the employer If the unsatisfactory conduct or performance continues, a second and final warning both verbal and in writing must be given to the employee. It shall be recorded on the employee s personnel file and a copy shall be given to the employee. A nominated employee representative shall be present if requested by the employee. A nominated employer representative shall be present if requested by the employer In the event of the matter recurring, the employment may be terminated in accordance with clause 30 for Early Childhood Teachers or clause 44 for Assistants and Activity Group Leaders (Notice of Termination clause with the exception of serious or wilful misconduct clause or (a)) If a dispute should arise over the disciplinary action the matter shall be referred to Fair Work Australia or its successor for a decision If after a warning has been issued, a period of twelve months elapses without any further warnings or action being required, all reports relating to the warning must be removed from the employee s personnel file and the employee must be advised of this action in writing In cases of serious and wilful misconduct summary dismissal may only result after the conduct and/or performance has been investigated and the employee has had an opportunity to respond to the allegations Employers shall formulate policies and practices which are in accordance with these procedures and which shall be circulated to each employee All new employees shall be handed a copy of these disciplinary policies on commencement of employment The role of Fair Work Australia or its successor in the dispute settlement process Conciliation: (a) Where a dispute or grievance is referred for conciliation, a member of Fair Work Australia shall do everything that appears to the member to be right and proper to assist the parties to the dispute to agree on terms for the settlement of the dispute or grievance (b) This may include arranging: (i) conferences of the parties to the dispute presided over by the member; and (ii) for the parties to the dispute to confer among themselves at conferences at which the member is not present (c) (i) Conciliation before Fair Work Australia or its successor shall be regarded as completed when: the parties to the dispute have reached agreement on the settlement of the grievance or dispute; or 11

12 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS (ii) (iii) Arbitration: (a) (b) (c) (d) the member of Fair Work Australia or its successor conducting the conciliation is satisfied that there is no likelihood that within a reasonable period, further conciliation will result in agreement by the parties to the dispute on terms for settlement of the grievance or dispute; or the parties to the dispute have informed the Fair Work Australia member that there is no likelihood of agreement on the settlement of the grievance or dispute and the member does not have substantial reason to refuse to regard the conciliation proceedings as completed. If the dispute or grievance has not been settled when conciliation has been completed, either party to the dispute may request that Fair Work Australia or its successor proceed to determine the dispute or grievance by arbitration. Where a member of Fair Work Australia or its successor has exercised conciliation powers in relation to the dispute or grievance, the member shall not exercise, or take part in the exercise of, arbitration powers in relation to the dispute or grievance if a party to the dispute objects to the member doing so. Subject to the sub clause (d) below, the determination of Fair Work Australia or its successor is binding upon the parties to the dispute and Employees. An appeal lies to a Full Bench of Fair Work Australia or its successor, with the leave of the Full Bench, against a determination of a single member of Fair Work Australia or its successor made pursuant to this clause. PART 3 EMPLOYER AND EMPLOYEES DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 11. EMPLOYMENT CATEGORIES DEFINITIONS 11.1 Probationary employment Definition: Probationary employment is a period of employment whereby a new employee, other than a casual assistant, relief, emergency or replacement employee, is employed subject to the provisions of this clause Where an employer elects to implement a probationary period, such probationary period shall: (a) be notified to the employee in writing by the employer on appointment; and (b) be of 12 weeks duration wholly within term time and the employer shall notify the employee in writing of the duties to be performed During the probationary period (a) the employment may be terminated by at least one day's notice given in writing by either party or by the payment or forfeiture of, as the case may be, of the one day's wages in lieu of such notice. Such payment shall be in addition to payment for the time worked up to the termination of employment being effected. 12

13 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS (b) where an employer proposes to terminate the employment of an employee pursuant to (a) for reasons related to the conduct and/or performance of the employee, the employer if requested by the employee shall advise the employee of these reasons Notwithstanding the provisions of (b), where within the period of probationary employment, the employee is absent from the workplace for periods greater than 5 consecutive working days, the period of probationary employment may be extended by the period of the employee's absence. Where the employer elects to extend the period of probationary employment under these provisions, the employer shall advise the employee in writing of this extension not later than 7 days after the period of absence provided notice occurs prior to the completion date of the initial notice period An Early Childhood Education Assistant or Activity Group Leader who is dismissed before the expiration of such probationary period shall be paid for time so worked the rates prescribed for casual employees Full-time employment "Full-time Employee" is ordinarily employed for (38) thirty-eight hours per week with the exception of Preschool Play Leaders who are ordinarily employed for a period of (35) thirty-five hours per week and Early Childhood Teachers who for the 2009 preschool year shall ordinarily be employed for (40) hours per week Full-time Pre-School Playleader means a Pre-School Play Leader who is ordinarily employed for (35) thirty five hours per week Part-time employment "Part-time Employee", other than an emergency and/or relief Teacher, is ordinarily employed on a permanent basis for a period of a constant number of hours less than 38 hours per week or in the case of a Preschool Play Leader, on a permanent basis for a period of less than 35 hours per week or in the case of an Early Childhood Teacher during the 2009 preschool year, a constant number of hours less than 40 per week A part-time Employee shall be paid pro rata of the weekly rate based on the number of hours worked per week as determined by this Agreement for their classification and shall be entitled to pro-rata benefits pursuant to this Agreement "Part-time Pre-School Playleader" means a Pre-School Play Leader, other than an emergency and/or relief Pre-School Play Leader who is ordinarily employed on a permanent basis for a period of less than 35 hours per week Casual, Emergency and Relief employment "Emergency Early Childhood Teacher means an employee other than a permanent part-time employee of the employer appointed to meet a sudden emergency, replacing an Early Childhood Teacher for periods up to and including 4 days. 13

14 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS "Relief Early Childhood Teacher" means an employee appointed on a temporary basis for a pre-arranged period of more than 4 days on a full-time or part-time basis, and shall receive the same entitlements specified under Part 3 of Part B of this Agreement as applied to the employee she/he is replacing Casual Assistant means an employee classified as an Early Childhood Education assistant, Additional Assistant (Special Needs) or Activity Group Leader, engaged and paid as such but shall not include employees who are required to work a constant number of hours each week. PART 4 WAGES AND RELATED MATTERS 12. SALARY PACKAGING 12.1 By agreement with an employee, the current rate of pay specified in this Agreement may be salary packaged in accordance with the Salary Packaging Agreement detailed in Schedule 3 to this Agreement All Employees employed under the terms of this Agreement are eligible to apply for salary packaging as provided for under this clause, except relief, emergency or casual employees Notwithstanding any other provision of this Agreement, the salary that would otherwise be applicable to an employee under Schedule 1 shall be reduced by such amount as is agreed between the employee and the employer to the extent necessary to provide a package for the employee comprising the reduced salary and exempt benefits (as defined in the Fringe Benefits Tax Assessment Act 1986 (Cth)) and/or superannuation At the employer s discretion, other employer provided benefits may be added to the salary package. The amount of fringe benefits tax incurred will also be included as part of the salary package The employer shall not be obliged to make any purchases where full payment is required at the time of purchase as part of a salary package The employee shall pay for all reasonable administration costs, including set up costs, associated with salary packaging For an agreement about salary packaging to be valid, it must be in the form of the document entitled Salary Packaging Agreement which is Schedule 3 to this Agreement The parties agree that in the event that the salary packaging ceases to be an advantage to an employee or an employee decides, for whatever reason, to stop participating in salary packaging, arrangements shall be made to reinstate as salary the agreed amount packaged. Any costs associated with the conversion to salary shall be borne by the employee and the employer shall not be liable to make up any benefit lost as a consequence of an employee's decision to convert to salary. Where a salary package arrangement is terminated by reason of the employee ceasing to be an employee of the employer, the employer may withhold any outstanding monies owed in relation to the salary package from any remuneration payable to the employee upon the termination of the employee s employment. 14

15 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS 12.9 It is the intention of the employer, as far as possible, to maintain a worthwhile salarypackaging scheme for staff. If legislative or other changes have the effect of increasing the cost of packaging to the employer, then the staff member participating in packaging shall pay these costs, or the staff member can choose to cease the arrangement. Employees may alter their package once annually (with written notification), but may also alter their package more than once annually in the event that the conditions contained in clause 5 of Schedule 3 hereto are met. The costs of any and all changes to the employee's salary package are to be borne by the employee Provided that this sub clause is to be read in conjunction with Clause 32 Part B and clause 46 Part C of this Agreement The employer recommends that staff considering salary packaging should seek independent financial advice. The employer shall not be responsible in any way for the cost or outcome of any such advice In respect of an employee who enters into a salary packaging agreement, the salary rate that would otherwise be applicable to the employee under Schedule 1 of this Agreement shall be used to calculate entitlements in respect of: Annual Leave Loading Outstanding leave due upon termination of employment Redundancy payments. Employer superannuation contributions While an employee who has entered into a salary packaging agreement (See Schedule 3) is on any form of paid leave including, for example, annual leave and long service leave, the employee shall continue to be paid in accordance with the salary packaging agreement. 13. PAYMENT OF WAGES 13.1 Subject to the provisions of the FW Act or successor, wages may be paid weekly or fortnightly no later than Thursday in each pay week: By cheque; or By electronic funds transfer (a)Where an employer and an employee agree, the employee may be paid the wages by direct transfer into the employee s bank (or other recognised financial institution) account (b)Notwithstanding this provision if the employer and the majority of the employees agree, all employees may be paid their wages by direct transfer into the employee s bank (or other recognised financial institution) account Where a public holiday falls on the normal pay day or the day following the normal pay day, the wages shall be paid on the ordinary working day proceeding the normal pay day When an employee is paid the employee shall be given a statement which shows the pay period, ordinary wages, other payments, overtime, deductions and net payment. 15

16 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS 13.4 Payment for holidays for teachers shall be in accordance with Clause 41 Part B and for Assistants shall be in accordance with clause 49 Part C. 14. SUPERANNUATION 14.1 Definitions "The Fund" means any of the following funds which are suitably registered and compliant with the Superannuation Guarantee (Administration) Act 1992 (Cth), Superannuation Guarantee Charge Act 1992 (Cth), Superannuation Industry (Supervision) Act 1993 (Cth): Australian Super HESTA Vision Super VICSUPER Default Fund means Australian Super, the fund into which the employer will enrol an employee in the event the employee fails, as provided at , to designate which of the funds specified at they seek to join "Member" means a member of the Fund "Ordinary time earnings" means the remuneration for the worker's normal weekly number of hours of work calculated at the ordinary time rate of pay including over award payments, weekend penalties, and other work related allowances paid for all purposes of this Agreement for working ordinary hours "Employee" means an employee whose employment is regulated by this Agreement "Eligible Employee" shall mean an employee who is eligible for membership of the Fund pursuant to clause Employers and Employees Shall Become a Party to the Fund Employers and employees are to become party to the Fund. The Employer will, subject to the choice of the employee as per the provisions of this clause, make contributions to any of the funds specified at Where an employee, on commencement, is not already a member of one of the abovenamed funds, the employer will make an eligible employee aware of her/his entitlements under this clause and will arrange for such eligible employee the opportunity to become a member of one of the above-named funds. An eligible employee will, within a period of 30 days from commencement of employment, complete the necessary application forms to become a member of the relevant fund as chosen Where an employee has not completed the necessary forms, in accordance with above, to become a member of the relevant fund, the employer shall enrol the employee in the Australian Super fund which shall be the default fund Each employer shall become party to the Fund upon the acceptance of the Trustee of the Fund of an application to become a participating employer, duly signed and executed by each employer and the Trustee of the Fund. 16

17 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS The employer shall provide an employee, other than an emergency and relief employee, who is not already a member of the Fund, with an application to join the Fund within 21 days of the employee's commencing employment with the employer The employer shall provide an emergency or relief employee with an application to join the Fund within 21 days of the date that the employee notifies the employer in writing of the attainment of eligibility Employers shall, in respect of eligible employees in accordance with clause 14.3, make contributions in accordance with clause 14.4 of this clause payable to the Administrator of the Fund Eligibility for Membership An employee who is employed full time or part time shall become eligible for membership of the Fund upon employment Emergency and relief employees shall become eligible for Membership of the Fund at the completion of 160 hours of employment which is governed by this Agreement Contributions Quantum of Contributions and Dates of Operation (a) Subject to (d) below, every employer shall contribute to the Fund in respect of each Eligible Employee an amount consistent with the Superannuation Guarantee Charge Act 1992 (Cth) (b) Contributions shall continue to be made during periods of paid leave (c) Contributions shall continue to be made during periods when the employee is entitled to receive weekly payments under the Accident Compensation Act 1984(Vic) up to a limit of 39 weeks (d) Subject to the operative date of this Agreement and in accordance with clauses and , contributions shall be made from the date of commencement of employment in respect of all employees except in the case of emergency and relief employees, contributions in respect of whom shall commence upon the date she/he becomes an Eligible Employee Employee Additional Voluntary Contributions Where an Eligible Employee elects to make additional contributions to the Fund, the employer shall deduct such additional contribution from the employee's wages and pay them to the Fund in accordance with the direction of the Eligible Employee and the rules of the Fund An Eligible Employee may elect to make additional contributions to the Fund either as a contribution deducted before tax or as a contribution deducted after tax Where an Eligible Employee elects to make an additional contribution before tax this contribution will be included as part of a salary packaging arrangement under clause 12, Salary Packaging in this agreement. 17

18 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS Where an Eligible Employee elects to make additional contributions to the Fund, the employer shall deduct such additional contribution from the employee's net wages and pay them to the Fund in accordance with the direction of the Eligible Employee and the rules of the Fund Eligible Employees should seek their own independent financial advice regarding the option that best meets their individual needs. PART 5 HOURS OF WORK, BREAKS, OVERTIME SHIFTWORK, WEEK-END WORK 15. ALLOCATION OF HOURS FOR ORGANISATIONAL ACTIVITIES 15.1 Definitions Child free day means a day on which an employee is ordinarily employed and which includes rostered teaching time or a combination of rostered teaching time and nonteaching time/management support ancillary time irrespective of proportion of teaching and non teaching/management support time. A day on which an employee is ordinarily employed and which includes only rostered non-teaching time and/or management support/ancillary time shall not constitute a child free day A full-time employee shall be entitled to a maximum of 2 child free days (16 hours in 2009 for an Early Childhood teacher/15.2 hours thereafter, and 15.2 hours for an Early Childhood Education Assistant) for full-time employees and pro-rata for part-time employees proportionate to the ordinary hours of work for a full-time employee (40 hours pw in 2009 for Early Education Teachers and thereafter 38 hrs pw Early Education Teachers and Early Childhood Education Assistants, 35 hrs pw Pre-School Play leaders) without deduction of pay. These days form part of the employee's ordinary hours of work and are to be used for organisational activities as approved by the employer. These days will normally be allocated as: one day at the start of the preschool year one day at the end of the preschool year The child free days in clause may, by agreement between the employee and employer, be rescheduled. PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 16. ANNUAL LEAVE LOADING In addition to the entitlements prescribed in clauses 43 Part B and 52 Part C of this Agreement, all employees other than a casual, an emergency Early Childhood Teacher / Pre-School Playleader and a relief Early Childhood Teacher/Pre-School Playleader in receipt of a loading pursuant to clause shall be entitled to an annual leave loading of 17 1/2 per cent, calculated on the "years level" applicable to the individual employee. Such loading shall be 18

19 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS applied on four weeks' annual leave. Notwithstanding the foregoing where any employee (other than those employees excluded above) is employed for part only of a calendar year, that employee shall be paid a pro-rata loading in the same proportion as holidays calculated under clause 43.8 or 52.8 as appropriate are to a full year. Annual leave loading shall be payable on the normal pay day during December of each year and no later than the last pay day prior to the commencement of leave, or on termination of employment. 17. PUBLIC HOLIDAYS 17.1 Any employee to whom this Agreement applies, other than an a casual, an emergency teacher/preschool play leader, relief teacher/preschool play leader in receipt of a loading pursuant to clause or 46.4 as appropriate and/or employees on leave without pay, shall be entitled to the following holidays without loss of pay: New Year s Day, Good Friday, Easter Saturday, Easter Monday, Christmas Day and Boxing Day; and The following days, as prescribed in Victoria: Australia Day, Anzac Day, Queen s Birthday and Eight Hours Day or Labour Day; and One other day to be specified according to State or locality or on some other basis When Christmas Day is a Saturday or a Sunday, a holiday in lieu thereof shall be observed on 27 December When Boxing Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on 28 December When New Year s Day or Australia Day is a Saturday or Sunday, a holiday in lieu thereof shall be observed on the next Monday Where the State or locality declares or prescribes public holidays on days other than those set out in 17.1 and 17.2 above, those days shall constitute additional holidays for the purpose of this Agreement An employer and his or her employees may agree to substitute another day for any prescribed in this clause. For this purpose, the consent of the majority of affected employees shall constitute agreement An agreement pursuant to 17.6 shall be recorded in writing and be available to every affected employee. 18. BEREAVEMENT/COMPASSIONATE LEAVE 18.1 Definitions Immediate family includes spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee, 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. 19

20 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS A spouse or de facto spouse in relation to an employee, means a person s partner in marriage or a person of the opposite or same sex to the employee who lives with the employee on a genuine domestic basis, although not legally married to the employee Immediate Family or Household The entitlement to use bereavement leave/compassionate leave in accordance with this clause is subject to: (a) the person being either: a member of the employee's immediate family; or a member of the employee's household; 18.3 An employee is entitled to two days paid leave on each occasion if a member of the employee's immediate family or household in Australia dies or is seriously ill Each day or part of a day used under clause 18 is deducted from the amount of bereavement/compassionate leave under clause In the case of the death of a family member such leave shall be up to and including the day of the funeral. If requested, proof of a death of a relative shall be furnished by the employee to the satisfaction of the employer. In the case of serious illness, the employee shall furnish the employer with a medical certificate stating that a serious illness is occurring within the family. Provided however that this clause shall have no operation while the period of entitlement to leave under it coincides with any other period of entitlement to leave By agreement with the employer, an employee may take unpaid bereavement leave in addition to the 2 days paid leave as provided at CARER'S LEAVE 19.1 Definitions Immediate family includes spouse (including a former spouse, a de facto spouse and a former de facto spouse) of the employee, 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 A spouse or de facto spouse, in relation to an employee, means a person s partner in marriage or a person of the opposite or same sex to the employee who lives with the employee on a genuine domestic basis, although not legally married to the employee An employee is entitled to the following amount of paid carer s leave: An employee with responsibilities in relation to either members of their immediate family or household who need their care and support is entitled to use their personal sick leave entitlement to provide care and support for such persons when they are ill. Leave may be taken for part of a single day. 20

21 VECTAA 2009 PART A EARLY CHILDHOOD TEACHERS & ASSISTANTS 19.3 Leave taken by a Early Childhood Teacher under clause 19.2 is deducted from the amount of personal sick leave under clause 42 Part B and for an Early Childhood Education Assistant or Activity Group Leader from the amount of personal sick leave under clause 54 Part C The entitlement to use personal/carer's leave is subject to the employee being responsible for the care of the person concerned The employee must, if required by the employer, establish by production of a medical certificate or statutory declaration, the illness of the person concerned and that the illness is such as to require care by another In normal circumstances an employee must not take carer's leave under this clause where another person has taken leave to care for the same person The employee must, where 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 must notify the employer by telephone of such absence at the first opportunity on the day of absence Each day or part of a day of carer's leave taken in accordance with clause 19.2 of this clause is to be deducted from the amount of personal sick leave provided in clause 42 Part B and clause 54 Part C of this agreement In addition to the entitlement under section 102 of the Fair Work Act 2009, 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. 20. INFECTIOUS DISEASES LEAVE 20.1 An employee who contracts an infectious disease through a contact in the area of employment shall be entitled to infectious disease leave in accordance with the following scale. This leave shall not be debited against sick leave credits. A medical certificate must accompany the application for leave and specifically name the disease The following are accepted: German Measles (Rubella) Chicken Pox (Varicella) Influenza Measles (Morbilli) Mumps (Parotitis) Scarlet fever Whooping cough Rheumatic fever Hepatitis five (5) working days with pay five (5) working days with pay five (5) working days with pay ten (10) working days with pay ten (10) working days with pay ten (10) working days with pay ten (10) working days with pay as decided by medical approval as decided by medical approval 21