OFFICE OF THE WORKPLACE AUTHORITY WORKPLACE RELATIONS ACT CENTRAL BAYSIDE COMMUNITY HEALTH and AUSTRALIAN EDUCATION UNION

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1 OFFICE OF THE WORKPLACE AUTHORITY WORKPLACE RELATIONS ACT 1996 CENTRAL BAYSIDE COMMUNITY HEALTH and AUSTRALIAN EDUCATION UNION UNION COLLECTIVE AGREEMENT (Made pursuant to Part 8 Division 2 Section 328 of the Workplace Relations Act 1996) PART 1 - APPLICATION 1. TITLE This Agreement shall be known as the Central Bayside Community Health Disability Services Victoria (Part 1) Collective Agreement 2008 ( the Agreement ). 2. ARRANGEMENT This Agreement is arranged as follows: Subject matter Clause number Part 1 - Application Title 1 Arrangement 2 Definitions 3 Operation and Scope of Agreement 4 Incidence of agreement 5 Relationship to Awards 6 No Extra Claims 7 Part 2 - Dispute Resolution Anti-discrimination 8 Dispute Resolution Procedures 9 1

2 Part 3 - Employer and Employee Duties, Employment Relationship and Related Arrangements Employment Categories 10 Conditions of Employment 11 Termination of Employment 12 Introduction of Change 13 Redundancy 14 Part 4 - Wage and Related Matters Rates of Pay 15 Higher Duties 16 Payment of Wages 17 Superannuation 18 Salary Packaging 19 Part 5 - Hours of Work, Breaks, Overtime & Shift Work Hours of work 20 Meal intervals and Rest intervals 21 Overtime 22 Part 6 Leave of Absence and Public Holidays Annual Leave 23 Personal Leave 24 Long Service Leave 25 Parental Leave 26 Examination Leave 27 Study Leave 28 Public Holidays 29 Jury Service 30 Part 7 Travel Travelling Allowance 31 Part 8 - Accident Pay and Health and Safety Accident Pay 32 Health and Safety DEFINITIONS 3.1 AFPC means the Australian Fair Pay Commission established in accordance with the Act 2

3 3.2 APCS means an Australian Pay and Classification Scale established by the AFPC under Part 7, Division 2, Sub-division A of the Act 3.3 Agreement shall mean the Central Bayside Community Health Disability Services Victoria (Part 1) Collective Agreement Commission shall mean the Australian Industrial Relations Commission 3.5 Employee means a person employed subject to this Agreement on either a full-time, part-time or casual basis and includes a person employed on a fixed term basis. 3.6 Employer shall mean Central Bayside Community Health. 3.7 Instructor means an instructor as outlined in clause 11 and appendix 1(A) 1(E) of this agreement. 3.8 Non-contact time includes only such hours as those where an instructor is not responsible for any form of client supervision. 3.9 Program development days will be primarily used for direct program development activities either in groups or individually Professional development means those activities that are undertaken by an employee to enhance their professional practice and competence. Professional development activities and opportunities should be discussed and agreed to by both employer and employee the Act means the Workplace Relations Act 1996 (as amended from time to time). 4. OPERATION AND SCOPE OF AGREEMENT 4.1 Operation of the Agreement This Agreement shall commence on and from the date of lodgement with the Workplace Authority and remain in force until 30 June Scope of the Agreement This Agreement shall apply to all employees employed by the employer as an Instructor. 5. INCIDENCE OF AGREEMENT 5.1 This agreement shall apply to and be binding on: 3

4 5.1.1 Central Bayside Community Health ( the Employer ); and The Australian Education Union ( the AEU ), its members and those eligible for membership in respect of all such persons employed by the Employer, and covered by the Disability Services Award (Victoria) 1999 ( the Award ). 6. AWARDS AND AGREEMENTS 6.1 The parties intend that this Agreement provides a comprehensive statement of the terms and conditions of the employment of employees covered by this Agreements. 6.2 This Agreement supersedes and replaces in its entirety any previous certified agreement covering employment of employees covered by this Agreement with the Employer. 6.3 The Agreement operates to the exlusion of and wholly replaces any award of the Australian Industrial Relations Commission that would, apart from this clause, apply to the Employment of Employees covered by this Agreement by the Employer. 7. NO EXTRA CLAIMS The AEU, Employees and Employer bound by this Agreement acknowledge that this Agreement settles all claims in relation to the terms and conditions of employment of the Employees to whom it applies and agrees that they will not pursue any extra claims during the term of this Agreement. PART 2 DISPUTE RESOLUTION 8. ANTI-DISCRIMINATION 8.1 It is the intention of the parties to this agreement to achieve the principal object in s.3(m) of the Workplace Relations Act 1996 through respecting and valuing the diversity of the workforce by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, natural extraction or social origin. 8.2 Accordingly, in fulfilling their obligations under clause 10 Grievance and discipline procedures - the respondents must make every endeavour to ensure that neither the agreement provisions nor their operation are directly or indirectly discriminatory in their effects. 8.3 Nothing in this clause is taken to effect: 4

5 8.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the Commonwealth anti-discrimination legislation; an employee, employer or registered organisation, pursing matters of discrimination in any State or federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; and the exemptions in s.658(3) and (4) of the Act. 9. DISPUTE RESOLUTION PROCEDURE 9.1 An employee will have the right for grievances to be heard through all levels of line management. While the dispute settlement procedures are being followed, work shall not be interrupted by industrial action. No party shall be prejudiced as to the final settlement of a grievance by the continuance of work. Health and safety matters are exempted from this requirement. 9.2 In the first instance the employee shall attempt to resolve the grievance with his or her immediate supervisor. A chosen representative shall be present if desired by either party. 9.3 If the employee still feels aggrieved, then the matter shall be referred to his or her manager. A chosen representative shall be present if desired by either party. 9.4 If the grievance is still unresolved the matter shall be referred to the Chief Executive Officer and a meeting arranged. A chosen representative shall be present if desired by either party. 9.5 The above steps in sub-clauses 9.1 to 9.4 shall take place within seven days or such longer period as may be mutually agreed. 9.6 If the grievance has not been resolved to the satisfaction of the employee or each of the relevant parties referred to herein, the dispute may be referred to the Australian Industrial Relations Commission for resolution by mediation and / or conciliation, and if necessary, arbitration with the rights of all parties under the Act reserved. If arbitration is necessary the Commission may exercise the procedural powers in relation to hearings, witnesses, evidence and submissions which are necessary to make the arbitration effective While the steps outlined at points 9.1 to 9.6 take place, work shall continue normally in accordance with the custom and practice existing immediately before the grievance arose until either the grievance is resolved or, if referred to the Commission, up to the first hearing and then subject to any direction of the Commission. 5

6 PART THREE - EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 10. EMPLOYMENT CATEGORIES 10.1 Employees under this Agreement may be employed in any one of the following categories: full-time employees; part-time employees; casual employees; or fixed term employment 10.2 At the time of engagement the employer shall inform each employee in writing of the terms of their engagement, and in particular, whether they are to be fulltime, part-time, casual or fixed term. 11. CONDITIONS OF EMPLOYMENT 11.1 Full-time employees A full-time employee is one who is employed and who is ready, willing and available to work a full week of 38 hours or an average of 38 hours as per clause 20 - hours of work Part-time employees A part-time employee is one who works a constant number of hours, but less than 38 hours per week, or less than an average of 38 hours per week, as per clause 20 hours of work A part-time employee is entitled to receive, on a pro rata basis, the same wages and conditions as a full-time employee on the same classification Regular part-time employees shall be paid per hour worked an amount equal to one thirty-eighth of the weekly wage rate appropriate to the employee s classification Payment in respect of any period of sick leave (where an employee has accumulated an entitlement) shall be on a pro rata basis made according to the number of hours the employee would have worked on the day or days on which the leave was taken, so as not to reduce the employee s wage below that level which such employee would have received had the employee not been absent. 6

7 The payment or deduction of payment in lieu of notice of termination of employment shall be calculated on a pro rata basis Any period of annual leave, long service leave, sick leave and paid parental leave to which an employee is entitled shall accrue on a pro rata basis according to the number of hours worked on average over the past twelve months Casual employees A casual employee is one who is engaged in relieving work or work of a casual nature and whose engagement is terminable by an employer or the employee in accordance with the requirements of either the employer or employee, without the requirement of prior notice by either party but does not include an employee who could be properly classified as full-time, part-time or fixed term. A casual employee shall be paid for all work done an amount equal to one thirty-eighth of the weekly wage appropriate to the employee s classification per hour plus 20 percent. The provisions of clauses 23 - Annual Leave, 24 - Personal Leave, 25 - Long Service Leave and 12 - Termination, shall not apply in the case of a casual employee Casual Employees and Caring Responsibilities (a) Subject to the evidentiary and notice requirements in clause 24 Personal Leave, casual employees are entitled to not be available to attend work, or to leave work: 7 if they need to care for members of their immediate family or household who are sick and require care and support or who require care due to an unexpected emergency, or the birth of a child; or upon the death in Australia of an immediate family or household member (b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance (c) The employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of the employer to engage or not engage a casual employee are otherwise not affected.

8 11.4 Fixed term employment A fixed term employee may be engaged to work on either a full-time or part-time basis: (a) for the completion of a specified task(s) or project; or, (b) leave replacement This agreement shall apply to a fixed term employee except to the extent that the agreement expressly provides that it does not apply. To avoid confusion, the parties state that the exclusion in sub-clause (c) applies only where the specific period of time for which the employee was engaged is concluding, or where the specified task for which the employee was engaged has been completed When offering employment on a fixed term basis, the employer shall advise the employee in writing of the temporary nature of the employment, the actual or expected duration of employment, and that employment beyond the period is not expected. 12. TERMINATION 12.1 Notice of termination by employer In order to terminate the employment of an employee, the employer shall give to the employee the period of notice specified in the table below: Period of continuous service Period of notice 1 year or less 1 week Over 1 year and up to the completion of 3 years 2 weeks Over 3 years and up to the completion of 5 years 3 weeks Over 5 years of completed service 4 weeks In addition to the notice in , employees over 45 years of age at the time of the giving of the notice with not less than two years continuous service, are entitled to an additional week s notice Payment in lieu of the prescribed notice in and must be made if the appropriate notice period is not required to be worked. Provided that employment may be terminated by the employee working part of the required period of notice and by the employer making payment for the remainder of the period of notice. 8

9 The required amount of payment in lieu of notice must equal or exceed the total of all amounts that, if the employee s employment had continued until the end of the required period of notice, the employer would have become liable to pay to the employee because of the employment continuing during that period. That total must be calculated on the basis of: (a) the employee s ordinary hours of work (even if not standard hours); and (b) the amounts ordinarily payable to the employee in respect to those hours, including (for example) allowances, loading and penalties; and (c) any other amounts payable under the employee s contract of employment The period of notice in this clause does not apply: (a) in the case of dismissal for serious misconduct (b) to apprentices; (c) to employees engaged for a specific period of time or for a specific task or tasks; (d) to trainees whose employment under a traineeship agreement or an approved traineeship is for a specified period or is, for any other reason, limited to the duration of the agreement; or (e) to casual employees For the purposes of this clause, continuity of service shall be calculated in the manner prescribed by clause 25 Long Service Leave of this agreement Notice of termination by employee The notice of termination required to be given by an employee is the same as that required of an employer, save and except that there is no requirement on the employee to give additional notice based on the age of the employee concerned If an employee fails to give the notice specified in the employer has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under

10 12.3 Transmission of business Where a business is transmitted from one employer to another, as set out in clause 14 - Redundancy, the period of continuous service that the employee had with the transmittor or any prior transmittor is deemed to be service with the transmittee and taken into account when calculating notice of termination. However, an employee shall not be entitled to notice of termination or payment in lieu of notice for any period of continuous service in respect of which notice has already been given or paid for Job search entitlement Where an employer has given notice of termination to an employee, an employee shall be allowed up to one day's time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer. 13. INTRODUCTION OF CHANGE 13.1 Employer s duty to notify Where the 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 if requested by an affected employee, the AEU or other representative. The employer shall notify the affected employee, and if requested the AEU or other representative, no less than 14 days before any implementation of change, including any change to the employees employment. If circumstances, outside the control of the employer, necessitate urgent action, the 14 day notice period shall not apply Significant effects include 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; the need 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 to have significant effect Employer s duty to discuss change 10

11 The employer shall discuss with the employees affected and if requested the AEU or other representative, the introduction of the changes referred to in 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. The employer shall give prompt consideration to matters raised by the employees and/or if requested the AEU or other representative in relation to the changes 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 hereof For the purpose of such discussion, the employer shall provide in writing to the employees concerned and if requested the AEU or other representative, 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 against the employer s interests. 14. REDUNDANCY 14.1 Definitions Business includes trade, process, business or occupation and includes part of any such business Redundancy occurs where an employer has made a definite decision that the employer no longer wishes the job the employee has been doing done by anyone and that decision leads to the termination of employment of the employee, except where this is due to the ordinary and customary turnover of labour Small Employer means an employer who employs fewer than 15 employees Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning Week s pay means the ordinary time rate of pay for the employee concerned. Provided that such rate shall exclude: overtime; penalty rates; disability allowances; shift allowances; 11

12 special rates; fares and travelling time allowances; bonuses; and any other ancillary payments of a like nature Transfer to lower paid duties Where an employee is transferred to lower paid duties by reason of redundancy the same period of notice must be given as the employee would have been entitled to if the employment had been terminated and the employer may at the employer s option, make payment in lieu thereof of an amount equal to the difference between the former ordinary rate of pay and the new ordinary time rate for the number of weeks of notice still owing Severance pay Severance pay other than employees of a small employer An employee, other than employees of a small employer as defined in clause , whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service: Period of continuous service Less than one year One year and less than two years Two years and less than three years Three years and less than four years Four years and less than five years Five years and less than six years Six years and less than seven years Seven years and less than eight years Eight years and less than nine years Nine years and less than ten years Ten years and over Severance Pay Nil 4 weeks pay* 6 weeks pay 7 weeks pay 8 weeks pay 10 weeks pay 11 weeks pay 13 weeks pay 14 weeks pay 16 weeks pay 12 weeks pay * Week s pay is defined in Severance pay small employer An employee of a small employer as defined in clause , whose employment is terminated by reason of redundancy is entitled to the following amount of severance pay in respect of a period of continuous service: Period of continuous service Less than one year One year and less than two years Two years and less than three years 12 Severance Pay Nil 4 weeks pay* 6 weeks pay

13 Three years and less than four years Four years and over 7 weeks pay 8 weeks pay * Week s pay is defined in Provided that the severance payment shall not exceed the amount to which the employee would have earned if employment with the employer had proceeded to the employee s normal retirement date Continuity of service shall be calculated in the matter prescribed by clause 25 Long Service Leave Employees leaving during the notice period An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice as set out in clause 12 Notice of Termination. In this circumstance the employee will be entitled to receive the benefits and payments they would have received under this clause had they remained with the employer until the expiry of the notice, but will not be entitled to payment in lieu of notice Alternative employment An employer, in a particular redundancy case, may make application to the Commission to have the general severance pay prescription varied if the employer obtains acceptable alternative employment for an employee This provision does not apply in circumstances involving transmission of business as set in Job search entitlement During the period of notice of termination given by the employer in accordance with 12.1, an employee shall be allowed up to one day s time off without loss of pay during each week of notice for the purpose of seeking other employment If the employee has been allowed paid leave for more than one day during the notice period for the purpose of seeking other employment, the employee shall, at the request of the employer, be required to produce proof of attendance at an interview or they shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient The job search entitlements under this subclause apply in lieu of the provisions of Transmission of business 13

14 The provisions of this clause are not applicable where a business is before or after the date of this agreement, transmitted from an employer (in this subclause called the transmittor) to another employer (in this subclause called the transmittee), in any of the following circumstances: (a) Where the employee accepts employment with the transmittee which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee; or (b) Where the employee rejects an offer of employment with the transmittee: 14.8 Employees exempted This clause does not apply to: in which the terms and conditions are substantially similar and no less favourable, considered on an overall basis, than the terms and conditions applicable to the employee at the time of ceasing employment with the transmittor; and which recognises the period of continuous service which the employee had with the transmittor and any prior transmittor to be continuous service of the employee with the transmittee. employees terminated as a consequence of serious misconduct that justifies dismissal without notice; probationary employees; employees engaged for a specific period of time or for a specified task or tasks; or casual employees. 14

15 PART FOUR - WAGES AND RELATED MATTERS 15. RATES OF PAY 15.1 Wage rates Instructors Old Rate 3% eff: 1 st pay period on or after1 July 2006 AFPC eff: 1 Dec % eff: 1 st pay period on or after 1 July 2007 AFPC eff: 1 Oct % eff: 1 st pay period on or after 1 July 2008 Band III By Appointment CIVICS, ACRACS Or equivalent Minimum Qualification Band I Entry Level Band III Instructor Band II Instructor Band I Instructor Level Weekly Weekly Weekly Weekly Weekly Weekly N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Certificate IV in Community Services (Disability Community and Adult Training & Support Services), ACRACs or equivalents is the minimum qualification at Band 2. - Progression within the band level is by annual increment subject to clause 15.3 of this Agreement - Appointment to a vacancy is based on merit using articulated criteria and processes 15

16 Program Managers Old Rate 3% eff: 1 st pay period on or after 1 July 2006 AFPC eff: 1 Dec % eff: 1 st pay period on or after 1 July 2007 AFPC eff: 1 Oct % eff: 1 st pay period on or after 1 July 200 Weekly Weekly Weekly Weekly Weekly Weekly Program Manager: Grade 1 Centre:(Qualified: N/A N/A tertiary, Certificate IV* ACRACS or equivalent) Program Manager: Grade 1 Centre: (81 & N/A N/A over) Program Manager: Grade 2 Centre(Qualified: N/A N/A tertiary, Certificate IV *,ACRACS or equivalent) Program Manager: Grade 2 Centre: (41 to N/A N/A adults) Program Manager: Grade 3 Centre(Qualified: N/A N/A tertiary, Certificate IV ACRACS or equivalent) Program Manager: Grade 3 Centre: (up to N/A N/A adults) Ass. Program Manager: Grade 1 Centre:(Qualified: tertiary, Certificate IV N/A N/A ACRACS or equivalent) Ass. Program Manager: Grade 1 Centre N/A N/A Ass. Program Manager: Grade N/A N/A Centre:(Qualified: tertiary Certificate IV ACRACS or equivalent) Ass. Program Manager: Grade 2 Centre: N/A N/A

17 15.2 Minimum Rate of Pay Employer Guarantee In accordance with Part 7, Division 2 of the Workplace Relations Act 1996, an employee who is covered by an APCS must be paid a basic periodic rate of pay for each of the employee s guaranteed hours (pro rata for part hours) that is at least equal to the basic periodic rate of pay that is payable to the employee under the APCS. Should the APCS rate of pay exceed that prescribed in the Agreement, the APCS rate of pay shall constitute the minimum rate of pay to be paid to the employee Incremental Progression Incremental Progression is subject to meeting the requirements of the band descriptors and based on satisfactory performance in the previous year in accordance with the Performance Management Program ( PMP ). All employees will participate in the employer's PMP. In cases where a Performance Management Review is delayed, the anniversary date shall not be changed and any increase in salary will be paid retrospectively to the anniversary date. Movement to the next highest salary point will be effective from the employee's anniversary date. An employee who has been on leave without pay in excess of three months, in aggregate, in a twelve month period, shall have the review delayed by the period of absence. Any resultant increase shall also be delayed by the period of absence. The delay will alter the employee's anniversary date with respect to this sub-clause. Employees will progress annually, subject to satisfactory performance in the PMP review process, to the next incremental point within the band range of their level of appointment, until the top salary point is reached. Where an employer is not satisfied that an employee's performance has met the requirements for the award of an increment the employee shall be informed of specifically how they have failed to meet the key criteria. The employee will be given an opportunity to raise mitigating circumstances or ongoing professional development of which the employer might be unaware. After considering any response from the employee the employer shall make a recommendation to defer or deny an increment if they consider that the employee has still not met the requirements for an incremental increase. Any recommendation shall include reasons and be provided in writing to the employee. The recommendation by the employer to deny or defer an increment must be made, where practicable, no less than three months prior to the end of the relevant incremental period. 17

18 For part-time Instructors an equivalent full instruction year shall comprise 1,505 hours. An increment shall be paid for every 1,505 hours completed. For casual Instructors an equivalent full instruction year shall comprise 1,484 hours. An increment shall be paid for every 1,484 hours completed Qualifications Band I (Instructor) No qualifications required Band II (Instructor) Minimum qualification Certificate IV in Community Services (Disability) (or equivalent) 15.5 Recruitment The employer may advertise a position at any particular Band level as defined in Appendix 1A to 1E. On appointment staff shall be given credit for their previous years of experience which is relevant or deemed to be relevant to the field and outcomes of previous competency reviews and relevant qualifications, provided such prior service, review outcomes and qualifications are documented and relevant to the band level of the advertised position. For each completed year of relevant experience, an additional salary increment must be paid within the employee s relevant band. Relevant experience includes: employment in Adult Training and Support Services. employment in a comparable position in a Residential Service with a similar client group. employment in a relevant occupation in an Employment Service. employment as a teacher in a related environment. Explanatory notes: An employer may advertise a position as Band 1, Band 2 or Band 3. On appointment to a particular band level an employee will be given credit for previous relevant experience as specified in Clause 13.3 of the Agreement. Credit for previous experience will not take an employee beyond the band level to which they are appointed. In recognition of the need for a trained and skilled workforce, an employee appointed to Band 1 level should be encouraged to undertake studies for Certificate IV in Community Services (Disability - Community and Adult Training and Support Services) and further encouraged to apply for a Band 2 position as it becomes available. An employee appointed to a Band 1 level will progress annually (subject to incremental review) to the top of that Band level. Appointment to a higher Band level will be subject to qualification requirements, a vacancy arising and selection on merit. 18

19 An employee appointed to a Band 2 level will progress annually (subject to incremental review) to the top of that Band level. Appointment to a higher Band level will be subject to qualification requirements, a vacancy arising and selection on merit. An employee appointed to a Band 3 level will progress annually (subject to incremental review) to the top of that Band level. It is recommended to employers that when a position is advertised at a particular band level that the salary range be included in the advertisement. This will assist the prospective employee to differentiate between each band level. 16. HIGHER DUTIES Any employee who is called upon to perform the duties of another employee on a higher classification under this Agreement for any period of one day or more shall be paid for the period for which the duties are assumed at a rate not less than the Minimum rate prescribed for the classification applying to the employee so relieved. 17. PAYMENT OF WAGES 17.1 Wages shall be paid not later than Thursday following the end of the fortnightly pay period provided that this subclause will not come into effect if any unforeseen event outside the control of the employer frustrates the employer s ability to meet the requirements of this subclause When notice of termination of employment has been given by an employee or an employee s services have been terminated by an employer, payment of all wages and other monies owing to an employee shall be made to the employee When an employee receives his or her wages he or she shall be given a pay slip which shows wages and superannuation contributions and any deductions, in accordance with the regulations made under the Workplace Relations Act 1996 or successors thereto. 18. SUPERANNUATION The subject of superannuation is dealt with extensively by legislation including the Superannuation Guarantee (Administration) Act 1992, the Superannuation Guarantee Charge Act 1992, the Superannuation Industry (Supervision) Act 1993 and the Superannuation (Resolution of Complaints) Act 1993 (collectively the superannuation legislation). This legislation, as varied from time to time, governs the superannuation rights and obligations of the parties. 19

20 18.1 Definitions For the purpose of this clause: Fund means either Heath Super or HESTA Ordinary time earnings means the actual ordinary rate of pay the employee receives for ordinary hours of work including shift, Saturday and Sunday allowances The Employer contributions In order to avoid paying the superannuation guarantee charge, the Employer must, in accordance with the governing rules of the relevant Fund, make such superannuation contributions as defined in for the benefit of an employee Voluntary employee contributions Subject to the governing rules of the relevant Fund, an employee who wishes to make contributions to the Fund, may either forward their own contribution directly to the fund administrators or authorise the Employer in writing to pay into the Fund from the employee s wages, amounts specified by the employee Employee contributions to the Fund deducted by the Employer at an employee s request shall be held in the employee s behalf and subject to individual agreement shall meet the following conditions: (a) The amount of contributions shall be expressed in whole dollars (b) An employee shall have the right to adjust the level of contribution made on his or her behalf from the first month, following the giving of three months written notice to the Employer (c) Contributions deducted under this clause shall be forwarded to the Fund at the same time as contributions under Employer to join Fund The Employer must, in accordance with the governing rules of the relevant Fund, make superannuation contributions to any of the following funds: (a) Health Super; and (b) HESTA 20

21 18.5 Default Fund In the event that an employee does not elect to join a fund specified in Clause the employer shall forward the employees contributions to Health Super Absence from work Subject to the governing rules of the Fund of which an employee is a member, the following provisions shall apply: 18.7 Paid Leave Contributions shall continue whilst a member of a Fund is absent on paid annual leave, sick leave, long service leave, public holidays, jury service, bereavement or other paid leave. Contributions shall not be made during any other period of absence Approved Status If the Fund ceases to be a complying superannuation fund under the superannuation legislation, or if the Fund fails to conform fully to the standards laid down by the Office of the Insurance and Superannuation Commissioner the Employer may suspend the Employer contributions immediately and until such time as compliance is achieved Upon compliance being re-established, the Employer shall pay contributions that would have been payable during the period the Fund failed to comply with the appropriate standards Settlement of Disputes Any dispute in relation to the application of Clause 18 is to be dealt with in accordance with Clause 9 Disputes and Grievance Procedure. 19. SALARY PACKAGING All employees covered by the Agreement will have access to salary packaging arrangements as follows: 19.1 By agreement with the employee, the current rate of pay specified in the Agreement may be salary packaged in accordance with the requirements of the Employer The employee shall compensate the Employer from within their base remuneration, for any FBT incurred as a consequence of any salary packaging arrangement the employee has entered into. Where the employee 21

22 chooses not to pay any of the costs associated with their salary packaging, the Employer may cease the employee s salary packaging arrangement The parties agree that in the event that salary packaging ceases to be an advantage to the employee (including as a result of subsequent changes to FBT legislation), the employee may elect to convert the amount packaged to salary. 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 The employee shall be responsible for all costs associated with the administration of their salary packaging arrangements, provided that such costs shall be confined to reasonable commercial charges as levied directly by the external salary packaging provider and/or in-house payroll service (as applicable), as varied from time to time The parties recommend to employees who are considering salary packaging that they seek independent financial advice. The Employer shall not be held responsible in any way for the cost or outcome of any such advice, and furthermore, the parties agree that the employee shall pay any costs associated with salary packaging Superannuation contributions paid by the Employer into an approved fund will be calculated on the rate for the employee s classification as varied by this Agreement. PART FIVE - HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK 20. HOURS OF WORK Clause 20.1 applies to those Employees who are employed on or after the date of lodgement of the Agreement or to those Employees who agree to be part of this sub-clause The hours for an ordinary week s work shall be 38, or be an average of 38 per week in a fortnight, or in a four week period of 152 hours to be worked in any arrangement of shifts as follows: The span of ordinary hours shall be from 7am to 10pm, Monday to Sunday, unless otherwise agreed between the Employer and Employee; The span of ordinary hours shall not exceed twelve hours in any one day and 48 hours in any one week Where it is proposed that work be carried out on Saturday and/or Sunday, the following shall apply: (i) an employee shall receive two consecutive days off, and 22

23 (ii) (iii) any ordinary time worked on Saturday and/or Sunday will be paid at time and one quarter. The extra quarter shall be taken as time in lieu except where the employer and the employee agree that payments may be made at the same rate as the time in lieu. any time worked that is additional to 38 hours shall attract the rates as prescribed for time off in lieu/overtime. Clause 20.2 applies to those Employees who were employed prior to the date of lodgement of the Agreement The ordinary hours of work shall be 152 per four week period to be worked either: Monday to Friday between the hours of 7.30 a.m. and 7.30 p.m. and shall be worked as required by the employer as either: twenty days of not more than 7.6 consecutive hours each; or a maximum of 9 consecutive hours in any one day with a maximum average of 38 hours per week over a four week period by providing for rostered days off; or by mutual agreement any other arrangement provided that the length of any ordinary day shall not exceed 12 consecutive hours and provided that no more than 48 hours may be worked in any one week. The actual starting and finishing time shall be arranged at the workplace, OR Where it is proposed that work be carried out on Saturday and Sundays, the following shall apply: by agreement between the employer and the employee, an employee may work ordinary hours on any five days out of seven between the hours of 7.30 a.m. and 7.30 p.m. provided that: (i) an employee receives two consecutive days off, and (ii) 23 any ordinary time worked on Saturday and Sunday will be remunerated at time and one quarter. The extra quarter shall be taken as time in lieu except where the employer and

24 the employee agree that payments may be made at the same rate as the time in lieu. (iii) any time worked that is additional to 38 hours shall attract the rates as prescribed for time off in lieu/overtime Non Contact Hours Time in excess of client attendance shall be spent in preparation and evaluation. A minimum of five hours non contact time shall be provided each week in a period or periods of not less than 30 minutes duration Rosters A roster setting out the employees daily ordinary working hours, commencement and finishing times shall be posted where it can be readily seen by all employees. Except in emergency situations seven (7) days notice shall be given of a change in the roster. Rosters may be fixed by mutual agreement Program Development and Professional Development Days The instructors of each Adult Training & Support Service (ATSS) shall be entitled to a Minimum of four days per annum of which a minimum of 3 shall be Program Development Days with such days being used for program development purposes. The actual date of any Program Developmental Days shall be agreed to between the employer and the majority of employees. One day shall be allocated for professional development activities in accordance with the employer s professional development/training policies. 21. MEAL INTERVALS AND REST INTERVALS 21.1 Meal intervals Centre Based Activities (a) Except as provided in (b), a meal interval of not less than 30 minutes and not more than 60 minutes shall be allowed to each employee during each shift. Such meal interval shall not be counted as time worked (b) Where an employee is required, by the employer, to remain available for work during the meal break, the meal break will be counted as time worked Community Based and/or External Day Program(s) 24

25 21.2 Rest intervals Where an employee is required to participate in Community Based and/or External Day Program(s) the employee will be required to remain available for work during the meal break and the meal break will be counted as time worked. At a time suitable to the employer, a rest interval of ten minutes shall be given to all employees during each four (4) hours worked. Such rest break shall be counted as time worked. 22. OVERTIME / TIME OFF IN LIEU 22.1 An employee who is required by the employer to work at any time outside the ordinary hours of work (as defined in clause 20) shall be entitled to time off in lieu without loss of pay on the following basis: for additional hours worked on weekdays the employee shall receive one hour time off in lieu for each hour worked; and for hours worked on Saturday and Sunday the employee shall receive one and a half hours off in lieu for each hour worked Where the employer and the employee so agree, overtime payments may be made at the same rate as time in lieu as specified above Participation in staff development, strategic planning meetings or staff meetings outside ordinary hours may attract one hour time off in lieu for each hour of participation provided participation is voluntary and approved by the employer Camps Instructors who agree to participate in camps shall be entitled to a minimum of one half day off in lieu of each overnight stay at camp. Camps which are conducted on weekends shall incur time off in lieu provisions which allow for a minimum of two days off for each night spent at camp An instructor required for overnight stays in independent living houses maintained by the Committee of Management shall receive a Minimum of one half-day off in lieu of each authorised overnight stay. Authorisation shall be by way of agreement in advance between the Committee of Management and the employee concerned Time off in lieu entitlements shall be agreed between the employer and employee and the agreed entitlement properly recorded. An instructor entitled to time off in lieu shall avail themselves of this entitlement by 25

26 agreement with their employer, within six months of the entitlement being accrued and in any event within the calendar year to which it applies. In the event that the time in lieu is not taken within the calendar year the employee will receive overtime payments which are to be made at the same rate as time in lieu. PART SIX - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 23. ANNUAL LEAVE 23.1 Period of leave An employee, other than a casual employee, shall be entitled to six weeks annual leave on ordinary pay after twelve months of continuous service. Provided that an employee who during the year in which his or her annual leave accrues is rostered to work ordinary hours on thirty or more weekends, shall be entitled to an additional week s leave. Annual leave accrues pro rata on a four (4) weekly basis Annual leave exclusive of public holidays The annual leave prescribed in 23.1 shall be exclusive of any of the holidays prescribed in clause 26 - Public holidays and if any such holiday falls within an employee s period of annual leave and is observed on a day on which in the case of an employee would have been an ordinary working day there shall be added to the period of annual leave time equivalent to the ordinary time which the employee would have worked if such day had not been a holiday Part-time entitlement A part-time employee shall be entitled to annual leave on a pro-rata basis of the leave prescribed in clause 23.1 for a full-time employee Provided that where the ordinary hours for a part-time employee have varied over a period of accrual for annual leave, the average ordinary hours shall be determined and used as the basis for calculating the payment for annual leave Termination of employment An employee terminating employment during the year shall be entitled to pro rata holiday pay for the time worked All accrued annual leave including leave loading shall be paid out at the current ordinary rate on termination Time of taking leave 26

27 Where clause 23.6 does not apply, annual leave shall be given or taken at a mutually agreed time as determined between the employee and their manager, but not more than 12 months after the right to the leave accrued unless agreed to by both parties A minimum of one months notice shall be given by the employee or the employer before going on annual leave Employer close down Where an employer closes down a centre, or a section or sections thereof, for the purposes of allowing annual leave to all or the bulk of the employees in the centre, or section or sections concerned, the following provisions shall apply with regard to those employees who are in their first year of employment and who may not yet be entitled to the full leave entitlement: (a) The employer may, be giving not less than four weeks notice of intention to do so, stand down for the duration of the closedown all employees in the centre, section or sections concerned, and allow to those who are not qualified for a full entitlement to annual leave for twelve months continuous service on a proportionate basis at the appropriate rate of pay in respect of the weeks already worked (b) If in the first year of service with an employer an employee is allowed proportionate annual leave under the provisions of this clause and subsequently within such year lawfully leaves the employment or the employment is lawfully terminated by the employer, the employee shall be entitled to the benefit of pro rata leave on termination subject to adjustment for any proportionate leave which may have been allowed Pro rata entitlement shall be assessed by using the following formula: number of weeks worked over 46 (being the number of working weeks in the normal year x 6 weeks leave) i.e. No. of weeks worked* x from which result shall be deducted the annual leave already taken. For the purposes of this clause a working week is a week in which the centre is open on at least three days. *Note: Weeks worked includes any period of paid leave or workcover make-up pay period Entitlement to cash out Annual Leave 27