Australian Catholic Bishops Conference and Its Agencies. Conditions of Employment

Transcription

1 Australian Catholic Bishops Conference and Its Agencies Conditions of Employment 1 November 2015

2 _ CONTENTS 1. SCOPE MISSION AND VALUES EMPLOYER TYPES OF ENGAGEMENT AND HOURS OF WORK ANNUAL LEAVE PUBLIC HOLIDAYS PERSONAL/ CARER S LEAVE COMPASSIONATE LEAVE WITNESS LEAVE LONG SERVICE LEAVE PAID PARENTAL ALLOWANCE STUDY LEAVE FORMATION DEVELOPMENT RETREAT LEAVE SPECIAL UNPAID LEAVE EXPENSES TERMINATION OF EMPLOYMENT PROBATION PERIOD GRIEVANCE PROCEDURE CLASSIFICATIONS AND SALARY SUPERANNUATION SALARY PACKAGING AMENDMENTS AND VARIATIONS FEDERAL, STATE AND TERRITORY LEGISLATION AND AWARD TERMS AND CONDITIONS OF EMPLOYMENT... 11

3 1. SCOPE This document provides the terms and conditions of employment for employees of the Australian Episcopal Conference of the Roman Catholic Church. 2. MISSION AND VALUES Work is for people, not people for work. Through work, individuals not only contribute to the common good but also achieve fulfilment as human beings. In this respect, the Church teaches that employees and employers should be regarded as partners in their place of work and in their respective roles. Mutual respect, esteem and goodwill should underpin the relationship between the employer and the employee. Employees are to be encouraged and enabled to see their work not merely as a source of income, but as providing a service and a benefit to others in society. Accordingly, every person in the workplace - employer and employees - is entitled to be treated with respect and dignity. To this end, the observance of fair and just principles and practices is required for the establishment and maintenance of a workplace that encourages and supports the full development of all persons serving the Church. Above all else, Church employers and employees should be a partnership working towards the achievement of the Conference agency's ministry and mission, underpinned by clearly expressed values and principles. To achieve these goals, there needs to be a consistent application of Church teaching and proper employment practices in the workplace. 3. EMPLOYER 3.1. The Australian Episcopal Conference of the Roman Catholic Church (Australian Business Number ) is the employing authority, acting as agent of the Australian Catholic Bishops Conference (Australian Business Number ) under a Deed of Agent s Appointment dated 15 July The Head of each Conference agency is responsible for meeting the requirements and standards established in this document and for exercising the necessary discretion in the setting of employment arrangements where this document allows flexibility at the workplace level. 4. TYPES OF ENGAGEMENT AND HOURS OF WORK 4.1. Full-time employees work an average of 37.5 hours per week. By written agreement with the employee these hours may be averaged over a defined period of time not greater than twenty-six weeks per annum for award-free employees or as per applicable award provisions for award covered employees Part-time employees work an average of less than 37.5 hours per week on a regular basis. By written agreement with the employee these hours may be averaged over a defined period of time not greater than twenty-six weeks per Page 1

4 annum for award-free employees or as per applicable award provisions for award covered employees A long term casual employee is an employee who has been employed by the employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months Casual employees work on an irregular or intermittent basis; that is, they do not have regular fixed hours of employment and there is no offer or expectation of ongoing or further employment Casual employees are paid a loading of twenty-five per cent (25%) above their classification hourly rate of pay. This compensates the casual employee for not receiving the benefit of paid annual leave, personal leave and public holidays. Casual employees are only paid for the periods of time they are required to work Ordinary working hours are between 9.00am and 5.00pm from Monday to Friday. These may be varied by agreement in writing to meet the needs of the agency or the employee The ordinary hours of part time employees (working less than 37.5 hours per week) will be documented and show the hours and days normally worked. This may be altered by written agreement Employees are entitled to a half-hour unpaid meal break on each day that they work at least five hours. The duration of the meal-break may vary by agreement Overtime must be approved prior to being worked. In accordance with the need for proper rest, employees are entitled to time off in lieu of approved overtime (calculated on a time for time basis) which must be taken within four weeks of being accrued for: work outside ordinary working hours; work on a public holiday Clause 4.9 regarding time in lieu does not apply to casual employees. Casual employees are paid at the appropriate rate for all hours worked. 5. ANNUAL LEAVE 5.1. Full-time employees are entitled to paid annual leave equivalent to twenty (20) days for each twelve months of continuous service Annual leave will accrue on a pro-rata basis and be credited fortnightly, in arrears Annual leave is cumulative from year to year. However, given the need for proper rest, employees may be directed to take accrued annual leave as.agreed in writing with management. An employee may be directed to take annual leave accrued which is in excess of forty (40) days on eight weeks notice from the employer, provided that the employee will have thirty (30) days or less Page 2

5 annual leave remaining after the agreed amount of leave is taken. (5) days of excess annual leave must be taken on each occasion. At least five 5.4. Accrued annual leave may be cashed out by an employee by agreement provided that cashing out of the annual leave will not result in the employee s remaining accrued annual leave being less than twenty (20) days. An employee may not cash out more than ten (10) days of accrued leave in any twelve month period. The employee must be paid the full amount that would have been payable to the employee had the employee taken the leave at the time that it is cashed out; 5.5. An employee may be granted an agreed period of annual leave in advance by approval of management. If employment is terminated before all the advanced annual leave is accrued, then the outstanding annual leave payment will be deducted from any monies due to the employee on termination of employment Full-time and part-time employees may seek the approval of management, to utilise proportionate accrued annual leave in any year of employment Unused annual leave is payable on termination of employment Employees are entitled to seventeen and one half per cent (17.5%) annual leave loading. It is to be paid at the time of taking the leave or otherwise as agreed with management. The loading is to be paid on unused annual leave at termination of employment Employees are entitled to have a day credited to their annual leave entitlements for each public holiday that falls within a period of annual leave. 6. PUBLIC HOLIDAYS 6.1. Full time and part time employees are entitled to gazetted public holidays for the state or territory in which they are employed that fall on a day which is usually worked by the employee Casual employees are not entitled to paid public holidays. 7. PERSONAL/ CARER S LEAVE 7.1. Full-time employees are entitled to paid personal/carer s leave equivalent to ten (10) days for each twelve months of continuous service Personal/carer s leave will accrue on a pro-rata basis and be credited fortnightly, in arrears and will be cumulative from year to year Full-time and part-time employees may seek the approval of management, to utilise proportionate accrued personal/carer s leave in any year of employment. Applications for personal/carer s leave must be submitted by the close of business on the first working day following the completion of the leave Unused personal/carer s leave is not payable on termination of employment A medical certificate is required for any absence in excess of two consecutive days or where the single day absences of an employee are greater than five Page 3

6 days in any one year or at any other time as directed by management. If it is not practicable to provide a medical certificate, an employee may instead provide a statutory declaration Requests for a period of unpaid leave should be made in writing and may be granted at the discretion of management. Unpaid personal/carer s leave is only available where all other forms of paid leave have been exhausted. 8. COMPASSIONATE LEAVE 8.1. Full-time and part-time employees are entitled to a maximum of three days paid leave on each occasion: For the purpose of spending time with a member of the employee s immediate family or a member of the employee s household who: Has a personal illness, or injury, that poses a serious threat to his or her life; or After the death of a member of the employee s immediate family or a member of the employee s household An employee may be required to provide appropriate or reasonable evidence of the illness, injury or death to be entitled to paid compassionate leave Applications for compassionate leave must be submitted by the close of business on the first working day following the completion of the leave Where an employee requires more than three days leave, managers may approve the use of annual or unpaid leave. 9. WITNESS LEAVE 9.1. When a full time or part time employee is subpoenaed or called as a witness in an official capacity, the employee will be regarded as being on duty. Full time or part time employees appearing at Court as a witness in an official capacity will be paid their normal salary and reimbursed any expenses properly and reasonably incurred by the employee in connection with the employee s appearance at Court A full time or part time employee, who is subpoenaed or called as a witness by the Crown (whether in right of the Commonwealth or in right of any State or Territory of the Commonwealth), an Industrial Tribunal or in another jurisdiction, will be granted, for the whole of the period necessary to attend as such a witness, witness leave on full pay The employee will pay to their employer all money paid to the employee under or in respect of any such subpoena or call other than any such money so paid in respect of reimbursement of necessary expenses properly incurred in answer to that subpoena or call A full time or part time employee who is subpoenaed or called as a witness in a private capacity will, for the whole of the period necessary to attend as such a Page 4

7 witness, at the employee s election, be granted available annual leave on full pay or leave without pay. 10. LONG SERVICE LEAVE Employees are entitled to the more generous of: thirteen (13) weeks of paid long service leave after ten years of continuous employment; or paid long service leave under applicable legislation Employees are entitled to proportionate paid long service leave, the more generous of: after seven years of continuous employment; or under applicable legislation Employees will continue to accrue long service leave after ten years of continuous employment at the rate of one and three tenths (1.3) weeks per annum of continuous service, or at a greater rate if more generous under applicable legislation Employees are requested to give six weeks notice in writing of their intention to take long service leave. This assists with planning and organisation of work for the period that the employee is absent on leave Given the need for proper rest, employees are encouraged to take long service leave no later than a date twelve months after the full accrual of the entitlement, unless otherwise agreed with management An employee who is entitled to long service leave and has accrued fourteen weeks or more of long service leave may be directed on three months notice (or on a period of notice under applicable legislation, whichever is the greater) to take long service leave Managers may approve pro rata long service leave in advance to meet the particular circumstances of an employee, where that employee has seven or more years of continuous service. (This is to be deducted from any future entitlement to long service leave.) Employees are entitled to a payment, upon termination, after completion of seven consecutive years of service on a pro rata basis of one and three-tenths (1.3) weeks for each completed year of service or in accordance with applicable legislation, whichever is the more generous. 11. PAID PARENTAL ALLOWANCE Eligibility to receive the Paid Parental Allowance ( the fixed allowance ) will be assessed on the basis of: an employee being eligible to access Unpaid Parental Leave under Chapter 2, Pt 2-2, Division 5 of the Fair Work Act 2009; and with primary responsibility for the care of the child. Page 5

8 11.2. Primary responsibility for the care of the child will be assessed based on the employee requiring leave each week, in a continuous period, to provide for the care of the child as the primary carer during their normal working hours Eligible employees are entitled to the fixed allowance for up to the first fourteen (14) weeks, calculated at the employee s ordinary weekly rate of pay. Alternatively, the employee may apply for the payment of the fixed allowance at half the employee s ordinary weekly rate of pay for up to the first twentyeight (28) weeks The fixed allowance for part-time or eligible long term casual employees will be pro rata based on the employee s ordinary weekly rate of pay, calculated on the basis of the employee s average weekly hours over the twelve (12) months immediately preceding the commencement of the employee s Unpaid Parental Leave Where an employee takes less than fourteen (14) weeks of the fifty-two (52) weeks Unpaid Parental Leave, the fixed allowance will be calculated as the actual number of weeks of Unpaid Parental Leave taken (not greater than fourteen (14) weeks) times the employee s ordinary weekly rate of pay Where both parents are employees of the Australian Episcopal Conference of the Roman Catholic Church, the Conference is to be notified in writing of which employee is to receive the allowance. The payment of the fixed allowance will not exceed fourteen (14) weeks in total Following the birth or adoption of a child, a parent who does not have primary responsibility for the care of the child having completed twelve (12) months of continuous service immediately before the birth or adoption of the child, is eligible to receive a Paid Parental Allowance as follows: Eligible employees are entitled to the Paid Parental Allowance for up to the first five (5) days, calculated at the employee s ordinary weekly rate of pay, to be taken within the period commencing one week prior to the expected birth or adoption of the child and concluding within 6 weeks after the birth or adoption of the child. Alternatively, the employee may apply for the payment of the Paid Parental Allowance at half the employee s ordinary weekly rate of pay for up to the first ten (10) days, to be taken within the period commencing one week prior to the expected birth or adoption of the child and concluding within 6 weeks after the birth or adoption of the child The Paid Parental Allowance for part-time employees will be pro rata based on the employee s ordinary weekly rate of pay, calculated on the basis of the employee s average weekly hours over the twelve (12) months immediately preceding the commencement of the employee s unpaid Parental Leave Eligible employees are entitled to up to ten (10) days of unpaid leave which is to be taken within the period commencing one week prior to the expected birth or adoption of the child and concluding within 6 weeks after the birth or adoption of the child. Page 6

9 12. STUDY LEAVE Study leave may be granted at the discretion of the employer to full-time or part-time with at least twelve (12) months continuous service Full-time employees may apply annually in writing for paid study leave of up to one hundred and fifty (150) hours each year. Study leave does not include travel time to and from the place of study The written application for study leave must be made prior to the commencement of the study and include a course outline from an approved institution, the proposed timeline for completion of the course, and a brief report on the benefits to the Conference and the employee Part-time employees may apply for paid study leave on a pro rata basis Casual employees are not eligible for paid study leave Following approval for study leave, employees must provide proof of enrolment prior to commencement of the leave Employees must provide course results each semester prior to the continuation of study leave Study leave will not be approved for re-enrolment where an employee fails to successfully complete a subject or part of a course Managers may formulate additional policies concerning study and similar leave at each agency Study leave is not cumulative and is assessed annually taking into account the business needs and budget of the agency. 13. FORMATION DEVELOPMENT Formation development fosters the integration of an employee s personal spiritual growth within their role and contribution to the mission of each Conference organisation and that of the Church Upon written application by an employee, and at the discretion of the employer, Conference agencies may approve payment for activities relevant to the formation development of employees. This may be by way of paid time and expenses away from the workplace to attend approved structured activities that are designed to assist the employee to enhance their understanding of the relationship between their role and the work of the Church Written applications should include an outline of the formation development proposal, the proposed timelines, the costs and a brief report on the benefits to the Conference and the employee. Page 7

10 13.4. Approval of leave for formation development is assessed annually prior to the finalisation of annual budgets, and includes but is not limited to, consideration of the business needs of the agency and budget restrictions. 14. RETREAT LEAVE Participation in a retreat fosters personal spiritual growth and assists an employee to reflect upon their role and contribution to the mission of the Church At the discretion of the employer, and upon written application, employees may be granted up to five (5) days of paid leave in any one calendar year to attend an approved retreat. Part-time employees may be provided with prorata equivalent time Written applications should include an outline of the retreat proposal, the proposed timelines, the costs and a brief report on the benefits to the Conference and the employee Approval of retreat leave is assessed annually prior to the finalisation of annual budgets, and includes but is not limited to, consideration of the business needs of the agency and budget restrictions Retreat Leave is not cumulative. 15. SPECIAL UNPAID LEAVE Employees may apply for special unpaid leave to meet particular circumstances of pressing need or urgency Managers may approve such an application if the employee has utilised all of their paid leave entitlements, there is a pressing and urgent necessity for the leave to be taken and the needs of the agency can be accommodated Unpaid leave of any nature for a period greater than three months is not counted as continuous service for the purpose of leave entitlements. While employees on unpaid leave for a period greater than three months do not accrue annual, personal/carer s and long service leave, their entitlements are not decreased and are reactivated upon their return to work. 16. EXPENSES Employees are entitled to reimbursement of expenses that they incur in the course of their employment Expenses for authorised travel will include accommodation, travel, meals, petrol, incidental costs associated with the performance of work, and other similar expenses Employees are to submit claims for reimbursement with supporting evidence of the expenses. Page 8

11 16.4. Where individual claims for reimbursement include Goods and Services Tax and exceed the threshold requiring a valid tax invoice for the claiming of input tax credits, such claims must be accompanied by a valid tax invoice Managers may approve an advance to cover anticipated expenses. Employees must acquit the advance with supporting evidence of the actual expenses and return any unspent portion of the advance The allowances determined by the Australian Taxation Office are payable to employees who are required to use their own motor vehicles to perform their duties. This does not include normal travel to and from your normal place of work. 17. TERMINATION OF EMPLOYMENT Either the employer or the employee may terminate his or her employment by providing at least four weeks notice of termination or resignation in writing. 18. PROBATION PERIOD Any period of probation that applies to the employment of an employee does not affect any minimum employment period under applicable legislation Details of any period of probation will be included in the letter of offer Either the employer or the employee may terminate his or her employment during the probation period by providing at least one weeks notice of termination or resignation in writing. During probation the employer retains the right to pay in lieu of notice. 19. GRIEVANCE PROCEDURE A grievance is any matter that an employee believes to be unjust or unfair, or seeks to bring to the attention of management Any grievance is to be notified to the immediate manager of the employee either verbally or in writing The manager is to respond to the matter within two working days The employee may approach the appointed agency head if they are not satisfied with the response from the manager If the matter cannot be resolved by the appointed agency head, the employee may approach the Office for Employment Relations If the matter cannot be resolved by the Office for Employment Relations, the employee may request that an agreed independent mediator be appointed to assist with the resolution of the matter If the matter cannot be resolved by an independent mediator, then the employee may request that an agreed independent arbitrator be appointed to determine the matter. The decision of the independent arbitrator will be binding on both the employer and employee. Page 9

12 20. CLASSIFICATIONS AND SALARY In consultation with the Office for Employment Relations each Conference agency is responsible for the setting of appropriate total remuneration package for employees and any subsequent review or reclassification of roles At engagement, employees are to be placed within the appropriate grade of the Remuneration Scale based on the required level of competency, responsibility and skill to effectively perform the duties of the position and assessed on a work value analysis in consultation with the Office of Employment Relations Reclassification of a role to a higher grade may occur where the duties of the role have altered to such an extent that the role requires undertaking the primary performance of tasks at a higher grade of competency, responsibility and skill The position of each employee on the remuneration scale will be reviewed by the Conference agency at least every three years, or at any other time as requested by the employee, but not more than annually The remuneration scale will be reviewed each year by the Australian Catholic Bishops Conference. 21. SUPERANNUATION Superannuation contributions will be paid on behalf of every employee in accordance with applicable legislation. 22. SALARY PACKAGING Salary Packaging is available in accordance with the Australian Catholic Bishops Conference Guidelines for the Administration of Salary Packaging (as amended from time to time). 23. AMENDMENTS AND VARIATIONS These conditions of employment are to be reviewed by the Australian Catholic Bishops Conference on recommendation of the Bishops Commission for Administration and Information every three years Amendments or variations will not be made if their effect is to disadvantage employees overall Variations to these conditions of employment for individual employees are permitted with prior approval from the Secretary of the Australian Episcopal Conference of the Roman Catholic Church. Page 10

13 24. FEDERAL, STATE AND TERRITORY LEGISLATION AND AWARD TERMS AND CONDITIONS OF EMPLOYMENT These conditions of employment do not override any terms and conditions of employment found in applicable federal, state and territory legislation or awards, except where these terms and conditions of employment are superior to those contained within the applicable legislation or award. Page 11

14 Australian Catholic Bishops Conference List of Secretariats and Agencies with Position Titles of Agency Heads General Secretariat Communications Office Office for Employment Relations Pastoral Research Office Public Policy Office Secretariat for Canon Law Secretariat for Catholic Education National Catholic Education Commission Secretariat Secretariat for Church Life Secretariat for Church Ministry National Committee for Professional Standards Secretariat Office for Clergy Life and Ministry Office for the Participation of Women Secretariat for Family, Youth and Life Office for Youth Secretariat for Health and Community Services Catholic Social Services Australia Secretariat for Justice, Ecology and Development Australian Catholic Social Justice Council Secretariat Caritas Australia Catholic Earthcare Australia Secretariat for Liturgy National Office for Liturgy Secretariat for Evangelisation Australian Catholic Office for Film and Broadcasting Catholic Enquiry Centre National Office for Evangelisation Secretariat for Pastoral Life Australian Catholic Migrant and Refugee Office Disability Projects Office Secretariat for Relations with Aborigines and Torres Strait Islanders Truth, Justice and Healing Council Secretariat Media and Communications Advisor Public Policy Executive Executive Officer Chief Executive Officer Executive Officer Chief Executive Officer Disability Projects Officer Executive Secretary Chief Executive Officer The Australian Catholic Bishops Conference established nine Secretariats that service and carry out the work of one or more bishops commission. Some Secretariats have established offices and agencies for carrying out a subset of the work of the bishops commission. Each Secretariat has an Executive Secretary as its head, with the exception of the General Secretariat, which the General Secretary heads. No Executive Secretary necessarily has authority over any office or agency of the Secretariat. Page 12