Explanation of the Terms of the QPCYWA Enterprise Agreement 2017

Transcription

1 1 March 2017 Explanation of the Terms of the This explanation is to provide you with a more detailed explanation of how the QPCYWA Enterprise Agreement 2017 ( Proposed Agreement ) will work before you have to vote for the Agreement. The proposed Agreement will completely replace the previous enterprise agreements (which were called QPCYWA Collective Agreement 2009 and Queensland Police Citizens Youth Welfare Association Bornhoffen Branch t/a Bornhoffen PCYC Leadership Development Centre) and any modern Award that may have applied but for the Proposed Agreement. This means that your terms and conditions can be found in this one document. Who is covered? The proposed Agreement will apply to all employees employed by Queensland Police-Citizens Youth Welfare Association ( QPCYWA ) in the classifications described in the enterprise agreement. What are the classifications contained in the Agreement? The enterprise agreement brings a majority of our personnel under the one enterprise agreement. Administration and non-administrative employees are engaged under this enterprise agreement. How long will it go for? The proposed Agreement will be in place for four years. It will only start seven days after the Fair Work Commission approves it. During this period neither QPCYWA nor its employees will be entitled to make any extra claims as this agreement will apply. Definitions There are some definitions under clause 5 that you should be aware of. If these terms are used elsewhere in the enterprise agreement, this definitions clause contains their meaning. For example, Programs and Program Related Duties have their own specific definitions. Forms of Employment There are several terms under which employees can be engaged. Full-time, part-time, casual, temporary and term-time are the specific categories that we have listed under clause 6 of the Proposed Agreement. Temporary employees refer to positions that are not permanent and may include fixed term or maximum term arrangements. An example of this may be where a position s existence is tied to a specific project or certain funding. Each has particular terms such as, a full-time employee is guaranteed an average of 38 hours per week, a part-time employee works regular hours at less than 38 hours per week and casuals receive a 25% loading in lieu of guaranteed hours and leave entitlements. A temporary worker is employed for a specified term, for a specified task or for a period during which grant or program funding is available, to work full-time or part-time hours. Page 1 of 9

2 Agreement Flexibility The enterprise agreement has a flexibility clause that allows QPCYWA and individual employees to enter into individual flexibility arrangements. It is a requirement of the Fair Work Act to have such a clause and we have adopted the model clause prescribed under the legislation. This clause allows us to enter into mutually beneficial, flexible arrangements on the condition that employees are better-off overall and employees have a unilateral right to withdraw from such arrangements. Hours of Work and Rostering Clause 9 of the proposed agreement, states the ordinary hours of work and roster requirements. Administration Staff Ordinary hours of work for Administration staff are between 6.30am and 6.30pm, Monday to Friday, with 38 hours per week for full-time staff and less than 38 hours for part-time staff. School Age Care Staff School Age Care Staff work between 6am and 7pm, Monday to Friday, with 38 hours per week and less than 38 hours for part-time staff. Hospitality Staff Hospitality staff work between 7am and 7pm, Monday to Saturday, with 38 hours per week and less than 38 hours for full-time staff. Ordinary hours performed on a Saturday will attract a 25% loading, ordinary hours performed on a Sunday will attract a 50% loading and ordinary hours performed on a public holiday will attract a 125% loading. Casuals who work ordinary hours will receive the following loadings inclusive of the casual loading; 50% loading for Saturday work, 75% loading for Sunday work and 150% loading for public holidays. There will also be an allowance paid for work performed Monday to Friday, from 7pm to midnight and from midnight to 7am. Cleaning and Maintenance Staff The ordinary hours of work for full-time cleaners and maintenance support officers will be between 6am and 7pm, Monday to Saturday, with 38 hours per week and less than 38 hours for part-time staff. If you are required to work ordinary hours on a Saturday, we will ensure that you are paid at least what you would have received under your relevant underpinning Modern Award. Activity, Youth & Program and Support Staff The ordinary hours of work for the above employees will be Monday to Saturday, 6am to 9pm, working 38 hours a week for full-time employees and less than 38 hours per week for part-time employees. If you are required to work ordinary hours on a Saturday, we will ensure that you are paid at least what you would have received under your relevant underpinning Modern Award. Page 2 of 9

3 Rostering (Excludes LDPS Staff) Rosters, where applicable, will be published at least 7 days in advance and the organisation usually works in 2- week rosters. If there is an emergency or some unforeseeable absence, then rosters may be changed at short notice. This rostering clause will not apply to Casual Employees, Program, Activity, Development or Instructional staff and LDPS staff. Overtime Overtime will be paid at the rate of 150% for the first three hours and 200% for work thereafter. For full-time employee s overtime applies if you work over 38 hours per week or more than 10 hours in any one day. Parttime employees will earn overtime where they are required to work outside their agreed hours. Clause 10 also stipulates that all overtime worked on a Sunday will be paid at 200%. This clause does not apply to LDPS staff who instead have their overtime provisions set out in Schedule 2 at Clause C(e) and C(f). TOIL A time in lieu arrangement may be made on a time-for-time basis instead of receiving payment for overtime worked. This means that instead of receiving overtime rates you may accrue time off work instead. This must be taken within 3 months of accruing such time off under the time off in lieu system. Make-up Hours By arrangement between you and your supervisor you can take time off during ordinary hours for personal health or general family matters. You then make-up these hours at an agreed upon time with your supervisor. This is subject to operational needs but it means that there is flexibility in the workplace for emergency trips that you need to take. Breaks You of course receive meal and rest breaks whilst working. Clause 12 details the meal and rest break times. You receive a 30-minute unpaid meal break for every 5 hours of work, to be taken when you like subject to operational needs and two paid 10 minutes rest/tea break for every three hours work. This, by agreement, can be combined into a one 20 minute paid rest break. Salary and Remuneration Clause 13 specifies that all employees wages are detailed in Schedule 1 (Employee Remuneration) and Schedule 2 (Leadership Development Programs & Services Employees). These rates will apply a full pay period after the Proposed Agreement is approved by the Fair Work Commission. Any employees that are receiving an hourly rate that is higher than provided above, will continue to receive the higher remuneration. Junior employees receive a percentage of the relevant adult rate. These percentages are spelt out under clause 13(d) and (e). Page 3 of 9

4 We may offer Hospitality Employees an annual salary arrangement on the basis that the salary is at least 25% higher than what the employee would receive under the Proposed Agreement. This will be paid instead of any penalty rates, overtime rates, leave loading or allowances that might otherwise have applied. This provision is essentially the same as that found in the underpinning Modern Award. We may also offer Administration Employees an annualised salary arrangement, as long as that salary is no less than what the employee would otherwise be paid under this agreement. As above, this payment will be in lieu of any penalty rates, overtime rates, leave loading or allowance that might otherwise have applied. This provision is essentially the same as that found in the underpinning Modern Award. Future Salary and Allowance Increase Each year, from 1 July, we will increase the salary and allowance of each employee in line with the Consumer Price Index (CPI) however, the salary can never fall below the minimum relevant Modern Award or minimum wages rate. Annual Payment of Leave Loading You will receive an annual leave loading payment of 17.5% which will occur on the first full pay in December of each year based on annual leave loading accruals as at the end of the last full pay period in November of that year. Salary Packaging If you earn over the tax free threshold as determined by relevant legislation, then you can access our salary packaging benefits for approved benefits which may be fringe benefits tax (FBT) exempt. Superannuation You will be paid superannuation in accordance with the Superannuation Guarantee (Administrative) Act 1992, which is currently at 9.5%. Allowances and Reimbursements Clause 15 of the Proposed Agreement details the allowances and reimbursements available to you. Travel for Conferences and Training Where you are required to travel away from your home city overnight for employment purposes including; conferences, training, project or program work, then you will be reimbursed the cost of your transport, provided a $61.27 meal allowance for each full 7.6-hour day (unless provided relevant meals), the cost of accommodation deemed appropriate by QPCYWA and paid in accordance with your normal roster. Working and Living Award from Home Where you are temporarily transferred away from your usual place of employment, you will be reimbursed any extra travel costs, reasonable meals, accommodation and incidental expenses. Page 4 of 9

5 Meal Allowance When Travelling When you are required by the company to travel more than three (3) hours in any one direction, away from your place of work and such travel occurs over a specified meal time, you will be paid a breakfast allowance of $18.39 and/or a dinner allowance of $ Overtime Meal Allowance Employees Other than Administration, Branch Support Officers and Hospitality Staff You will be paid an overtime meal allowance when you are required to attend work before 6am or after 7pm, and as a result work longer than 8 hours or where you are required to attend a work environment outside of your normal place of work for more than 5 hours. You will be paid a breakfast allowance of $18.39 and/or a dinner allowance of $ This does not apply to LDPS staff. Overtime Meal Allowance Administration Staff, Reception and Branch Support Officers If you are required to work more than one-hour overtime after 6 30pm, you will be paid a $14.71 meal allowance. This will not apply where you are provided a reasonable meal or given 24 hours notice. Overtime Meal Allowance Hospitality Staff If you are a Hospitality Employee and are directed work more than two hours after the end of your ordinary rostered hours, you will be provided a meal allowance of $ This will not apply where you are provided a reasonable meal or 24 hours notice. Use of Private Motor Vehicles If you are required to use your private motor vehicle as part of your duties, you will be reimbursed for this cost using the ATO Centres per Kilometre method. Higher Duties Clause 15.8 states that if you are required to perform the full range of duties of a higher position for four hours or more on any one shift, you will be paid at the relevant higher rate for that shift. Where a Branch Administration Officer is approved by us to perform additional duties, in the absence of a Branch Manager, they will be paid a 20% allowance. Split Shift Allowance Other than casuals, you will be paid a split shift allowance of $12.25 per day where you are required to work twice per day and have a break of three hours or more in between. However, if you are a Hospitality Employee, you will be paid an allowance of $3.95 per day. Cleaning Allowance If cleaning is not a normal part of your duties and you are directed to perform any cleaning or maintenance work (which is defined as cleaning windows, urinals and toilets), you will be paid an additional $1.00 per hour. This allowance does not apply to you if you are a maintenance support officer, hospitality employee or cleaner. Page 5 of 9

6 First Aid Where you are required by us to complete first aid and CPR training, these courses will be offered in our time and at our expense. Where the employee voluntarily elects to undergo first aid training, this will be done at the employees expense, and in their own time. Out of Pocket Expenses In accordance with clause 15.12, all reasonable, required and documented out-of-pocket expenses that you incur due to work will be reimbursed. Cooks Allowance If you are a cook and required to use your own tools, you will be paid an allowance of $1.55 per day, up to a maximum of $7.60 per week. Work Location You may be required to work at alternative locations or re-locate to perform your role in accordance with the needs of the business. Stand Down Clause 17, states that you may be stood down for any day or part day if you cannot be usefully employed due to strike action or stoppages of work that we cannot avoid. Leave You are entitled to leave in accordance with the NES. Annual Close Down You may be directed to take annual leave when there is a routine close down over the Christmas/New Year period. You will be provided a bonus leave day during this period, however, this day does not accrue and must be taken during the Christmas/New Year period. This bonus leave day does not apply to casuals. Additional Annual Leave For each 10-year anniversary of continuous service, you will receive an additional two weeks annual leave bonus for that anniversary year. Cashing Out Annual Leave You may cash out annual leave in accordance with clause 18.3, as long as you will not be left with less than 4 weeks annual leave. Eliminating Excessive Leave Accruals Where you have more than six weeks annual leave accrued, you may be directed to take any excessive leave in accordance with clause 18.4, on the basis that you are not left with a balance of less than six weeks. Page 6 of 9

7 Public Holidays Public holidays are in accordance with the NES. You individually, or as a group, may agree to substitute Public Holidays for alternative days. Compassionate Leave You will be entitled to compassionate leave in accordance with the NES. However, if you experience a death of an immediate family member, then you may take up to five days of paid leave. Long Service Leave You will accrue long service leave in accordance with the Industrial Relations Act 1999 (QLD). After 7 years of continuous service, you will be entitled to take long service leave on a pro-rata basis. Leave Without Pay Where all leave entitlements have been exhausted, you may by agreement with us, take unpaid leave for the purposes of the care of an immediate family member or for professional development activities. Termination Following clause 19.1, you may be dismissed for gross or serious misconduct without notice. Where there is no gross or serious misconduct, the termination notice period will be in accordance with clause The notice period may be worked or we may pay out the notice period. If you are over 45 years of age and have two years continuous service, then you will be provided an additional week s notice. Redundancy Redundancies will be in accordance with the NES. See table below: Employee s period of continuous service with the employer on termination At least 1 year but less than 2 years At least 2 years but less than 3 years At least 3 years but less than 4 years At least 4 years but less than 5 years At least 5 years but less than 6 years At least 6 years but less than 7 years At least 7 years but less than 8 years At least 8 years but less than 9 years At least 9 years but less than 10 years At least 10 years Redundancy pay period 4 weeks 6 weeks 7 weeks 8 weeks 10 weeks 11 weeks 13 weeks 14 weeks 16 weeks 12 weeks Resignation If you are choosing to resign, full-time and part-time employees are required to give two weeks notice of resignation and if you are a casual employee, you are required to give one hours notice of resignation. Page 7 of 9

8 Dispute Resolution Process Where a dispute arises, it will be dealt with in accordance with clause 20 of the Proposed Agreement. This is in accordance with the model term from the Fair Work Act 2009 (Cth). Consultation Where a major change is going to occur in the workplace that will impact you, we will consult with you in accordance with clause 21 of the Proposed Agreement. This consultation clause is in line with the model clause from the Fair Work Act 2009 (Cth). Schedule 1 Employee Remuneration This appendix provides employee classifications and their relevant remuneration. This does not apply to LDPS employees. Schedule 2 Leadership Development Programs & Services Terms and Conditions This Appendix provides additional clauses that apply to employees engaged in Leadership Development Programs & Services as defined in Clause 5 of the Proposed Agreement only. Objectives Clause A specifies the purpose of this schedule, it explains that it is to provide a platform to support the business plan and ongoing strategic direction of QPCYWA in addition to setting out terms and conditions of its Employees. Terms of Engagement In addition to the terms of engagement at clause 6 of the Proposed Agreement, LDPS employees may be required to change their employment status to meet the needs of QPCYWA. If this occurs, you will be given at least one month s notice. This will only occur where a casual employee is offered temporary employment for a fixed period or where a temporary employee who has completed their fixed period, is offered casual employment. Hours of Work Clause C states that the ordinary spread of hours for LDPS employees will be midnight to midnight, Monday to Sunday inclusive. This clause also details how work shall be rostered. Overtime If you are a non-casual employee and payment of overtime is agreed with us, you will be paid at the hourly rate of time and a half, as contained in Table 2. If you are a casual employee and payment of overtime is agreed, you will be paid at the rate of $41.16 per hour. Wage Rates Clause E1 specifies the wage rates that will apply to you if you are a LDPS employee. Page 8 of 9

9 On Call If you are required to be on call to support field operations and required to maintain a communication schedule, you will receive an hour s overtime for each overnight or standard day on weekends that you are required to be on call. You will receive an additional hour s pay, where a call for support is initiated from a field team, outside of the communication schedule. TOIL Where you are required to work overtime, TOIL will be credited on the basis of one hour off for each additional hour worked. Clothing and Equipment Cleaning Allowance You will be paid $11.23 per fortnight to compensate you for the cost of providing, cleaning and maintaining work clothing and equipment to perform your role. Training, Accreditation and Skills Development We are committed to the retention and ongoing development of the skills and where necessary, reaccreditation of our workforce. Page 9 of 9