RETURNTOWORKSA AWARD 2015

Transcription

1 RETURNTOWORKSA AWARD 2015 THIS IS A CONSOLIDATED AWARD OF THE INDUSTRIAL RELATIONS COMMISSION OF SOUTH AUSTRALIA PUBLISHED PURSUANT TO THE PROVISIONS OF THE FAIR WORK ACT PART 1 - APPLICATION AND OPERATION OF AWARD CLAUSE 1. TITLE OPDATE 12:08:2015 on and from This Award will be referred to as the ReturntoWorkSA Award CLAUSE 2. ARRANGEMENT OPDATE 15:03:2012 on and from This Award is arranged as follows: 2.1 Clause number order Clause no. Title Part 1 - Application and operation of award 1. Title 2. Arrangement 3. Definitions 4. Scope and parties bound 5. Relationship to other industrial instruments 6. Award to be made available Part 2 - Enterprise flexibility 7. Enterprise flexibility provision Part 3 - Dispute resolution 8. Grievance procedure Part 4 - Employer and employee duties, employment relationship and related matters 9. Anti-discrimination 10. Categories of employment 11. Notice of termination and redundancy 12. Recognition of prior service Part 5 - Wages and related matters 13. Classification of employees 14. Higher duties 15. Rates of pay 16. Payment of salaries 17. Allowances 18. Supported wage provisions

2 RETURNTOWORKSA AWARD 2015 PART 1 PAGE 2 Clause no. Title Part 6 - Hours of work, breaks, overtime and weekend work 19. Hours of work 20. Overtime 21. Shift work 22. Information systems employees - on call and scheduled weekend work allowances Part 7 - Leave of absence and public holidays 23. Public holidays 24. Annual leave 25. Personal leave 26. Bereavement leave 27. Long service leave 28. Jury service 29. Parental leave 2.2 Alphabetical order Clause no. Subject matter 17. Allowances 24. Annual leave 9. Anti-discrimination 2. Arrangement 6. Award to be made available 26. Bereavement leave 10. Categories of employment 13. Classification of employees 3. Definitions 7. Enterprise flexibility provision 8. Grievance procedure 14. Higher duties 19. Hours of work 22. Information systems employees 28. Jury service 27. Long service leave 11. Notice of termination and redundancy 22. On call and scheduled weekend work allowances - information systems employees 20. Overtime 29. Parental leave 16. Payment of salaries 25. Personal leave 23. Public holidays 15. Rates of pay 12. Recognition of prior service 5. Relationship to other industrial instruments 4. Scope and parties bound 21. Shift work 18. Supported wage provisions 1. Title CLAUSE 3. DEFINITIONS OPDATE 12:08:2015 on and from Within this Award: 3.1 Act means the Fair Work Act 1994 as amended. 3.2 Commission means the Industrial Relations Commission of South Australia.

3 RETURNTOWORKSA AWARD 2015 PART 1 PAGE Corporation means the Return to Work Corporation of South Australia. 3.4 Employee(s) means and includes all employees appointed to positions in classification Level 1 to Level 7 as prescribed in this Award, and those above Level 7 who do not have individual negotiated contracts of employment. 3.5 Salary means such part of an employee s remuneration as is constituted by a direct monetary payment. 3.6 Total remuneration means the total value of benefits granted to an employee, made up of salary and selected non-salary employment benefits, as agreed between the parties to this award, except employer superannuation contributions. 3.7 Union means the Public Service Association of South Australia Inc. (the PSA). 3.8 Policy means the Corporation's policy as varied from time to time. 3.9 Job representative/office steward means an employee elected and appointed by Union members and the Union to act as Job Steward or Job Representative Continuous service means, for the purpose of calculating the length of service of an employee in accordance with Clause 11 Notice of Termination and Redundancy, any period of employment with the Corporation which has not been broken other than by a period of approved paid or unpaid leave or by a period of absence of less than three months duration immediately prior to the employee s re-employment by the Corporation. For the purpose of calculating actual service entitlements (as opposed to determining continuous service), unpaid absences will not count as part of an employee s total service with the Corporation. CLAUSE 4. SCOPE AND PARTIES BOUND OPDATE 12:08:2015 on and from The Award is binding on the following in respect of employees as defined: the Corporation; the Union; and the Chief Executive, Department of the Premier and Cabinet for the purposes of the Act. CLAUSE 5. RELATIONSHIP TO OTHER INDUSTRIAL INSTRUMENTS OPDATE 12:08:2015 on and from 5.1 Date of operation This Award shall come into force from the date approved by the Commission and will remain in force until varied, revoked or replaced. 5.2 Previous Award superseded This Award replaces the WorkCover Corporation of S.A. Award Training Wage Arrangements Trainees as defined by the Declaration of the Minimum Standard for Remuneration pursuant to section 69(3) of the Act, will be remunerated in accordance with that standard as declared by the full Commission.

4 RETURNTOWORKSA AWARD 2015 PART 1 PAGE Preservation of State legislation The Award does not limit the application of: (a) Sections 21 to 24 of the Return to Work Corporation of South Australia Act 1994; and Part 3 of the Public Sector Act 2009 (SA). The application of such acts is preserved and shall take precedence over inconsistent provisions of this Award. CLAUSE 6. AWARD TO BE MADE AVAILABLE OPDATE 15:03:2012 on and from The Corporation will have a copy of this Award as varied from time to time available at a place on its premises reasonably accessible to employees.

5 RETURNTOWORKSA AWARD 2015 PART 2 PAGE 1 PART 2 - ENTERPRISE FLEXIBILITY CLAUSE 7. ENTERPRISE FLEXIBILITY PROVISION OPDATE 15:03:2012 on and from 7.1 Award flexibility process Where the Corporation or employees wish to pursue an agreement at the enterprise or workplace about how the Award should be varied so as to make the enterprise or workplace operate more efficiently according to its particular needs, the following process shall apply: A consultative mechanism and procedures appropriate to the size, structure and needs of the enterprise or workplace shall be established For the purpose of the consultative process the employees may nominate the Union or another to represent them Where agreement is reached an application shall be made to the Commission. 7.2 Index of facilitative provisions A facilitative provision provides that the standard approach in an Award provision may be departed from by agreement between an individual employer and the Union and/or an employee, or the majority of employees, in the enterprise or workplace concerned Facilitative provisions in this Award are contained in the following clauses: Subject matter Clause number Part-time employment 10.4 Flexible work arrangements 10.6 Classification - position evaluation 13.1 Remuneration packaging 16.5 Hours flexibility of ordinary hours 19.3 Overtime time off in lieu Public holidays substitutions 23.3

6 RETURNTOWORKSA AWARD 2015 PART 3 PAGE 1 PART 3 - DISPUTE RESOLUTION CLAUSE 8. GRIEVANCE PROCEDURE OPDATE 15:03:2012 on and from 8.1 Employees will have access to the grievance procedure. 8.2 An employee may seek the assistance of an appointed office steward/job representative or another employee at any stage of the procedure. 8.3 Without prejudice to any party, while the parties attempt to resolve the matter, work will continue as normal in accordance with the Award and Corporation policy unless an employee has a reasonable concern about an imminent risk to their health or safety. 8.4 The procedure: As soon as is practicable after a grievance arises, the matter will be raised with the employee s supervisor. Where the employee(s) submits the grievance in writing, there will be a response (or a written indication of the steps being taken and when a formal response is likely) within three working days Where the supervisor s response does not settle the grievance, the matter may be referred to the relevant departmental manager who may consult with the human resources function. This step should take a maximum of five working days If the matter is not settled within five working days of its referral to the relevant departmental manager the matter will be referred to the manager of the human resources function, or nominee. The employee may seek the involvement of their Union or other nominated representative to pursue the matter at this level If the matter is not settled by the above procedure, it may be submitted to the Commission for conciliation and/or arbitration in accordance with the Act. 8.5 Redundancy disputes Clauses and impose additional obligations on the Corporation where the Corporation contemplates termination of employment due to redundancy and a dispute arises (a redundancy dispute). These additional obligations do not apply to employers who employ fewer than 15 employees Where a redundancy dispute arises, and if it has not already done so, the Corporation must provide affected employees and the union (if requested by an affected employee) in good time, with relevant information including: (a) (c) the reasons for any proposed redundancy; the number and categories of workers likely to be affected; and the period over which any proposed redundancies are intended to be carried out Where a redundancy dispute arises and discussions occur in accordance with this clause the Corporation will, as early as possible, consult on measures taken to avert or to minimise any proposed redundancies and measures to mitigate the adverse effects of any proposed redundancies on the employees concerned.

7 RETURNTOWORKSA AWARD 2015 PART 4 PAGE 1 PART 4 - EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED MATTERS CLAUSE 9. ANTI-DISCRIMINATION OPDATE 15:03:2012 on and from 9.1 It is the intention of the respondents to this Award to achieve the principal object in section 3(1)(m) of the Act 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, national extraction or social origin. 9.2 Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the parties must make every endeavour to ensure that neither the award provisions nor their operation are directly or indirectly discriminatory in their effects. 9.3 Nothing in this clause is taken to affect: Any different treatment (or treatment having different effects) which is specifically exempted under the State or Commonwealth anti-discrimination legislation; Until considered and determined further by the Industrial Relations Commission of South Australia, the payment of different wages for employees who have not reached a particular age; An employee, employer or registered organisation, pursuing matters of discrimination in any State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission; or The exemptions in the Act. CLAUSE 10. CATEGORIES OF EMPLOYMENT OPDATE 15:03:2012 on and from 10.1 Full-time employment A full-time employee is an employee engaged to work 38 ordinary hours per week in accordance with clause 19 - Hours of work, or Clause 21 Shift Work, and who is not an employee as defined in 10.3, 10.4, 10.5 or Appointments are made to a classification level and may be subject to a probationary period of six months or less as determined by the Corporation Probationary employment The service of a person appointed on probation may be dispensed with by the Corporation at any time during his/her period of probation by two weeks notice in writing or by the payment or forfeiture (as the case may be) of two weeks remuneration At the expiration of the period of probation the Corporation will (in writing): (a) Confirm the appointment; or Annul the appointment.

8 RETURNTOWORKSA AWARD 2015 PART 4 PAGE Fixed-term contract positions The Corporation may employ persons on fixed-term contracts. Fixed-term contracts will normally apply for specific projects, periods of extended leave or where the function is subject to review Part-time employment A part-time employee means an employee engaged and rostered, in a manner by mutual agreement between the employee and the Corporation, for less than 38 ordinary hours per week Where practicable and efficient, the Corporation will encourage and facilitate the introduction and extension of part-time employment but no employee will be forced to work part-time Conditions of service for part-time employees are to be applied as for full-time employees but on a pro rata basis in proportion to hours normally worked. Appointments will be made to a classification level and may be subject to a probationary period of six months or less Part-time employment will be rostered in a manner set out in a written agreement between the employee and the Corporation. A roster can only be changed by agreement between the employee and the Corporation Part-time employees working overtime will work such overtime subject to clause 20 - Overtime An employee may request permanent part-time employment which as well as involving base grade positions, may afford opportunities for career positions in appropriate occupational fields Casual employment A casual employee means an employee who is engaged and paid as such on an hourly basis The Corporation may employ persons on a casual basis for the purpose of meeting particular and short term needs A casual employee will be paid for a minimum of three hours for each working period at the appropriate casual rate A casual employee will be paid at an hourly rate which will be not less than the appropriate rate for the classification of the duties being performed, plus a loading of 22 per cent. Pursuant to the decision of the Full Commission in the Casual Loading Case [[2012] SAIRComm 1], the 22 per cent loading will be increased in accordance with the following: 23% from the first full pay period commencing on or after 1 July 2012; 24% from the first full pay period commencing on or after 1 July 2013; and 25% from the first full pay period commencing on or after 1 July Where a casual employee works overtime or on a public holiday, the casual rate will be the base upon which the appropriate penalty rate is applied.

9 RETURNTOWORKSA AWARD 2015 PART 4 PAGE The loading in is in lieu of all paid leave (except for long service leave) and public holidays not worked and to compensate for the nature of casual employment. All other conditions of employment contained in this Award will apply to casual employees unless specifically excluded A casual employee will be paid at the end of the period for which they have been engaged or on the normal fortnightly pay day, whichever is the earlier Caring responsibilities (a) Subject to the evidentiary and notice requirements in 25.7 and 25.6 employees are entitled to not be available to attend work, or to leave work: (i) (ii) 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 (c) The Corporation 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 nonattendance. The Corporation must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an Corporation to engage or not to engage a casual employee are otherwise not affected Flexible work arrangements The Corporation may facilitate job sharing, job rotation and other flexible arrangements where practicable and where efficient arrangements can be made to carry out the functions of the positions involved Flexible work arrangements will be introduced by agreement between an employee and the Corporation. CLAUSE 11. NOTICE OF TERMINATION AND REDUNDANCY OPDATE 15:03:2012 on and from 11.1 Notice of termination by employer In order to terminate the employment of an employee the Corporation must 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

10 RETURNTOWORKSA AWARD 2015 PART 4 PAGE 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 Corporation making payment for the remainder of the period of notice 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 Corporation 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) (c) the employee's ordinary hours of work (even if not standard hours); and the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and any other amounts payable under the employee's contract of employment The period of notice in this clause does not apply: (a) (c) (d) (e) in the case of dismissal for serious misconduct; to apprentices; to employees engaged for a specific period of time or for a specific task or tasks; 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 to casual employees Continuous service is defined in clause Notice of termination by an employee The notice of termination required to be given by an employee is the same as that required of the Corporation, 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 Corporation has the right to withhold monies due to the employee to a maximum amount equal to the amount the employee would have received under Job search entitlement Where the Corporation 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 Corporation.

11 RETURNTOWORKSA AWARD 2015 PART 4 PAGE Transmission of business Where a business is transmitted from one employer to another, as set out in Clause 11.6 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 Salary rate for termination payments The rate of salary for termination payments is normally the employee s substantive rate. Where however, the employee is receiving a higher duty allowance (HDA) on their last day of duty, termination payments will be calculated at the higher duties rate provided: The HDA would have continued were it not for the employee s termination; and An aggregate of a minimum of six months higher duties has actually been worked at the level (or above) in the previous year s service, or the period of assignment to the higher position is greater than six months Redundancy Definitions Business includes trade, process, business or occupation and includes part of any such business Redundancy occurs where the Corporation has made a definite decision that the Corporation 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 Transmission includes transfer, conveyance, assignment or succession whether by agreement or by operation of law and transmitted has a corresponding meaning Weeks 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; 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 Corporation may at the Corporation 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.

12 RETURNTOWORKSA AWARD 2015 PART 4 PAGE Severance pay Severance pay An employee 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 Severance pay Less than 1 year Nil 1 year and less than 2 years 4 weeks pay* 2 years and less than 3 years 6 weeks pay 3 years and less than 4 years 7 weeks pay 4 years and less than 5 years 8 weeks pay 5 years and less than 6 years 10 weeks pay 6 years and less than 7 years 11 weeks pay 7 years and less than 8 years 13 weeks pay 8 years and less than 9 years 14 weeks pay 9 years and less than 10 years 16 weeks pay 10 years and over 12 weeks pay * Weeks pay is defined in Provided that the severance payments shall not exceed the amount which the employee would have earned if employment with the Corporation had proceeded to the employee's normal retirement date Continuity of service shall be calculated in the manner prescribed by clause Employee leaving during notice period An employee given notice of termination in circumstances of redundancy may terminate his/her employment during the period of notice set out in Clause 11.1 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 Corporation until the expiry of the notice, but will not be entitled to payment in lieu of notice Alternative employment The Corporation, 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 Corporation in accordance with 11.1, 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.

13 RETURNTOWORKSA AWARD 2015 PART 4 PAGE 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 Corporation, be required to produce proof of attendance at an interview or he or she 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 The provisions of this clause are not applicable where a business is before or after the date of this Award, 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 Where the employee rejects an offer of employment with the transmittee, 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 The Commission may vary if it is satisfied that this provision would operate unfairly in a particular case Employees exempted This clause does not apply to: employees terminated as a consequence of serious misconduct that justifies dismissal without notice; probationary employees; apprentices; trainees; employees engaged for a specific period of time or for a specified task or tasks; or casual employees Incapacity to pay The Commission may vary the severance pay prescription on the basis of an employer's incapacity to pay. An application for variation may be made by the Corporation.

14 RETURNTOWORKSA AWARD 2015 PART 4 PAGE 8 CLAUSE 12. RECOGNITION OF PRIOR SERVICE OPDATE 15:03:2012 on and from 12.1 Prior service with the Corporation, depending on its conditions, will be recognised for the purposes of calculating leave credits, provided such service does not contain a break of more than three calendar months Prior service is calculated by aggregating the periods of employment in completed months from the last break of more than three calendar months to the time of the calculation Such prior service is recognised for the purposes of leave only, and does not constitute continuous service for the purpose of 11.3 nor does it have any effect on the calculation of the length of "fixed terms" under In calculating leave credits some types of prior service are treated differently, e.g.: Except in relation to long service leave, casual employment does not count as prior service, even if continuous, as the remuneration received includes an allowance for leave; Part-time employment will cause leave credits to accrue on a pro rata basis; Sick leave accrues differently for temporary employees (see leave policy); and Some contractual arrangements may specifically exclude the taking or accruing of certain leave.

15 RETURNTOWORKSA AWARD 2015 PART 5 PAGE 1 PART 5 - WAGES AND RELATED MATTERS CLAUSE 13. CLASSIFICATION OF EMPLOYEES OPDATE 15:03:2012 on and from 13.1 Classifications Classification levels will be determined in accordance with the position evaluation criteria as agreed between the Award respondents from time to time. CLAUSE 14. HIGHER DUTIES OPDATE 15:03:2012 on and from 14.1 Where an employee is required to perform the duties of a higher position for five or more consecutive days, the employee will be paid an additional allowance which is based on the proportion of the duties of the higher position which the employee is performing and which is directly proportional to the difference between the employee's existing total remuneration and the minimum total remuneration for the higher position Where an employee has been assigned higher duties in accordance with 14.1 and the period of assignment includes a period of paid leave, the higher duties allowance will continue to be paid provided: (a) the allowance is being paid on the day prior to the commencement of leave; and the higher duties would have continued were it not for the period of leave. CLAUSE 15. RATES OF PAY OPDATE 01:07: st pp on or after 15.1 Table of rates Level Rate per annum $ Level 1 17 years or under (65%) 24, years (75%) 28, years (85%) 32, years (95%) 35,848 1st year adult 37,735 Level 2 43,368 Level 3 47,749 Level 4 53,731 Level 5 58,783 Level 6 66,088 Level 7 71, Market rates A market rate in excess of the Award minimum rate may be agreed with an employee. Employees in receipt of a market rate salary will not receive increases in Award rates unless they exceed the market rate.

16 RETURNTOWORKSA AWARD 2015 PART 5 PAGE Safety net adjustments The rates of pay in this Award include the safety net adjustment payable under the 2016 State Wage Case and Minimum Standard for Remuneration. This safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this Award which are above the wage rates prescribed in the Award. Such above Award payments include wages payable pursuant to enterprise agreements, currently operating enterprise flexibility agreements, award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required. Increases made under the existing or previous State Wage Case principles, previous General Reviews of Award Wages and the 2016 State Wage Case and Minimum Standard for Remuneration excepting those resulting from enterprise agreements or Award variations to give effect to enterprise agreements, are not to be used to offset safety net adjustments Economic incapacity applications Any employer or group of employers bound by an Award may apply to, temporarily or otherwise, reduce, postpone and/or phase-in the application of any increase in labour costs flowing from the 2016 State Wage Case and Minimum Standard for Remuneration on the grounds of serious economic adversity. The merit of such application will be determined in the light of the particular circumstances of each case and the impact on employment at the enterprise level of the increase in labour costs is a significant factor to be taken into account in assessing the merit of any application. A party making such an application must seek that the matter be referred pursuant to s 212(1) of the Act. It will then be a matter for the President to decide whether it should be dealt with by a Full Commission. Any decision to temporarily postpone or reduce an increase will be subject to a further review, the date of which will be determined by the Commission at the time it decides any application under this provision. An individual employer making an application pursuant to this provision may make a request that the hearing of the matter be conducted in private as contemplated in s 150 and/or that some or all of the evidentiary material produced in the case not be available for inspection as contemplated in s 159 of the Act. Any such request will be determined by the Commission in the circumstances of each case. CLAUSE 16. PAYMENT OF SALARIES OPDATE 15:03:2012 on and from 16.1 The fortnightly salary will be 1/26th of the annual salary together with any higher duties allowance payable from time to time Where an employee s employment begins or ends during a pay cycle, the employee will be paid for the time actually worked during that cycle Salaries will be paid fortnightly Salaries will be paid by direct payment to the account nominated by the employee in writing or by such other method as may from time to time be agreed by the Corporation and the employee The Corporation may offer employees remuneration packaging in the form of nonsalary benefits allowing eligible employees to elect to convert a percentage of their total remuneration to non-salary benefits, as designated by the chief executive officer.

17 RETURNTOWORKSA AWARD 2015 PART 5 PAGE The availability and percentage of non-salary benefits are subject to policy review by the parties. The Corporation may alter or withdraw the benefits with reasonable notice. The Corporation will not incur any additional expense in entering into such arrangements with an employee above the expense which would have occurred in payment of the employee s total remuneration package. CLAUSE 17. ALLOWANCES OPDATE 01:07:2016 1st pp on or after (cl & 17.2) OPDATE 12:08:2015 on and from (cl & (c)) 17.1 On-call allowance An on-call allowance will be paid to an employee (excluding any information systems employee) who is required to be on-call for return to duties. The amount of such allowance will be: (a) Where the person is on call Monday to Friday (outside of normal hours), $13.62 per day. Where the person is on call weekends or public holidays, $27.36 per day. The allowance will be paid whether the employee is contacted or not First aid allowance A first aider will be paid an allowance of $15.59 per week An employee with suitable qualifications and experience may be designated by the Corporation as an occupational first aider who will receive an allowance of $31.34 per week. An occupational first aider/s shall be appointed by ReturntoWorkSA to a voluntary role, following assessment that the individual meets all the requirements prescribed in Occupational Health and Safety Regulations Loss or damage to clothing or personal effects reimbursement The Corporation will reimburse an employee (up to a maximum of $279.97) for loss or damage to clothing or personal effects in circumstances where the loss or damage occurs in connection with the employee s employment For the purposes of this clause, personal effects include property worn or carried (for example brief cases, handbags, wallets, watches, jewellery, pens, spectacles and personal cash) Employees are required to take reasonable precautions to avoid loss or damage to personal effects or clothing. Failure to do so may cause a claim to be disallowed. Loss or damage to clothing or personal effects occurring during travel to and from work is excluded Clothing, personal effects and cash left unattended on Corporation premises remain the responsibility of employees at all times Travel expense allowances Meals (a) An employee travelling on business outside of the Adelaide metropolitan area is entitled to reimbursement of expenses in accordance with current approved rates for the following meals:

18 RETURNTOWORKSA AWARD 2015 PART 5 PAGE 4 (i) (ii) Breakfast: if the employee is required to stay overnight. Lunch: if travel involves at least one overnight stay. (iii) Dinner: if the employee is required to depart before 6.00 p.m. on travel involving at least one overnight stay (c) (d) Employees travelling interstate and returning the same day may be reimbursed for lunch. Employees travelling interstate may be reimbursed for all meals required for completed days absent from the Corporation - i.e. departure from Adelaide prior to 9.00 a.m. and an overnight stay at the destination. As a general rule, reimbursement for meals will not be paid for meal periods where the employee is travelling with a carrier who is providing meals as part of the fare Seminars/conferences All costs associated with approved seminars or conferences are reimbursed by the Corporation. Where registration fees include meals, employees are not entitled to a cash advance. Employees will be eligible for reimbursement of incidental expenditure as above in These provisions will not apply where the relevant costs are paid in advance by the Corporation Accommodation incidentals reimbursement Expenses for meals and incidentals will be reimbursed. These provisions will not apply where the relevant costs are paid in advance by the Corporation Private vehicles Employees will be reimbursed expenses incurred in the use of private vehicles for Corporation business Travel expenses cash advance Payment of associated travel expenses for meals and incidentals is the responsibility of the employee with reimbursement by the Corporation arranged by one of the following methods: (a) A cash advance at the current approved rate; or Through a travel expense reimbursement, provided that costs are deemed to be reasonable and reasonably incurred Transport reimbursement allowance for employees with disabilities Eligibility (a) An employee who has a permanent disability and is unable to use standard means of transport for travel to and from work may be eligible to receive a transport allowance. This includes employees who: (i) are holders of a current Disabled Persons Parking Permit issued by the Registrar of Motor Vehicles; or (ii) are recipients of the Centrelink Mobility Allowance or its equivalent; or

19 RETURNTOWORKSA AWARD 2015 PART 5 PAGE 5 (iii) received a Sales Tax Exemption on the purchase price of the new vehicle within the last two years on the grounds of the disability Eligibility is determined by the manager responsible for Human Resources, in consultation with the employee s manager Limitation on allowance (a) (c) (d) The reimbursement allowance covers above normal costs of travel only and does not apply to those distances travelled which are normally serviced by public transport. Employees are required to pay the equivalent of normal daily public transport costs. The maximum distance for which the allowance may be reimbursed is 64 kilometres per day, notwithstanding that the return distance between the employee s home and the Corporation s offices may be more than this distance. Subject to the provisions of below, eligible employees travelling by taxi may be reimbursed the full fare paid on each trip. Subject to the provisions of below, an eligible employee who drives a private motor vehicle to work, or who is driven to or from work by another person, other than another Corporation employee, may be reimbursed motor vehicle allowance at the rate specified in the Commissioner s Determination 3.2 Clause 10 Motor Vehicle. An eligible employee who drives a private motor vehicle to and from work may also be paid the allowance in respect of the cost of car parking fees, in addition to the motor vehicle allowance as described in (c), provided that the total reimbursement does not exceed the amount which would have been paid had the employee travelled by taxi Deductions In calculating the amount of allowance reimbursement, deductions are made: (a) for the daily cost which would have been incurred for the same journey, had the employee used public transport; and for any amount received under the Commonwealth Mobility Allowance in respect of the same period. CLAUSE 18. SUPPORTED WAGE PROVISIONS OPDATE 01:07: st pp on or after 18.1 Definitions This clause defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this Award. In the context of this clause, the following definitions will apply: Accredited assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual's productive capacity within the supported wage system. Assessment instrument means the form provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system.

20 RETURNTOWORKSA AWARD 2015 PART 5 PAGE 6 Disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991, as amended from time to time, or any successor to that scheme. Supported wage system means the Commonwealth Government System to promote employment for people who cannot work at full award wages because of a disability, as documented in Supported Wage System: Guidelines and Assessment Process Eligibility criteria Employees covered by this clause will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this Award, because of the effects of a disability on their productive capacity, and who meet the impairment criteria for receipt of a disability support pension This clause does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this Award relating to the rehabilitation of employees who are injured in the course of their current employment This clause does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension in accordance with the requirements of the Disabilities Service Act 1986 and the Standards contained therein, as amended from time to time Supported wage rates Employees to whom this clause applies will be paid the applicable percentage of the minimum rate of pay prescribed by this Award for the class of work which the person is performing according to the following schedule: Assessed capacity (clause 18.4) % of prescribed Award rates 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% 60% 60% 70% 70% 80% 80% 90% 90% Provided that the minimum amount payable will not be less than $82 per week Where a person's assessed capacity is 10% they will receive a high degree of assistance and support Assessment of capacity For the purpose of establishing the percentage of the Award rate to be paid to an employee under this Award, the productive capacity of the employee will be assessed in accordance with the supported wage system and documented in an assessment instrument by either:

21 RETURNTOWORKSA AWARD 2015 PART 5 PAGE 7 (a) the employer and a Union party to the Award, in consultation with the employee or, if desired by any of these; the employer and an accredited assessor acceptable to the employee and the employee s advisers and to the employer Lodgement of assessment instrument All assessment instruments under the conditions of this clause, including the appropriate percentage of the Award wage to be paid to the employee, will be lodged by the employer with the Registrar of the Commission All assessment instruments will be agreed and signed by the parties to the assessment, provided that where a Union which is party to the Award, is not a party to the assessment, it will be referred by the Registrar to the Union by certified mail and will take effect unless an objection is notified to the Registrar within 10 working days Review of assessment The assessment of the applicable percentage should be subject to annual review, or earlier on the basis of a reasonable request for such a review. The process of review will be in accordance with the procedures for assessing capacity under the supported wage system Other terms and conditions of employment Where an assessment has been made, the applicable percentage will apply to the wage rate only. Employees covered by the provisions of this clause will be entitled to the same terms and conditions of employment as all other workers covered by this Award paid on a pro rata basis Workplace adjustment An employer wishing to employ a person under the provisions of this clause will take reasonable steps to make changes in the workplace to enhance the employee's capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation, in consultation with other workers in the area Trial period In order for an adequate assessment of the employee's capacity to be made, an employer may employ a person under the provisions of this clause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed During the trial period the assessment of capacity will be undertaken and the proposed wage rate for a continuing employment relationship will be determined The minimum amount payable to the employee during the trial period will not be less than $82 per week Work trials should include induction or training, as appropriate, to the job being trialled Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment must be entered into based on the outcome of assessment under clause 18.4.

22 RETURNTOWORKSA AWARD 2015 PART 6 PAGE 1 PART 6 - HOURS OF WORK, BREAKS, OVERTIME AND WEEKEND WORK CLAUSE 19. HOURS OF WORK OPDATE 15:03:2012 on and from 19.1 The ordinary hours of duty for employees will not exceed 38 per week, not including meal breaks, and will be worked between the hours of 7.30 a.m. and 6.30 p.m. Mondays to Fridays inclusive No employee will be required nor permitted to work more than five hours without an unpaid meal break of not less than 30 minutes Subject to 19.1 and 19.2 the ordinary hours, including the daily spread of hours and the ordinary hours per week, will be as agreed between the Corporation and the employee(s). The policy regarding the working of flexible hours will be subject to review between the parties An employee is also entitled to one paid work break of fifteen minutes to be taken at a time approved by their supervisor or manager. CLAUSE 20. OVERTIME OPDATE 15:03:2012 on and from 20.1 Subject to an employer may require an employee to work reasonable overtime at overtime rates An employee may refuse to work overtime in circumstances where the working of such overtime would result in the employee working hours which are unreasonable having regard to: (a) (c) (d) (e) Any risk to employee health and safety; The employee s personal circumstances including any family responsibilities; The needs of the workplace or enterprise; The notice (if any) given by the employer of the overtime and by the employee of his or her intention to refuse it; and Any other relevant matter Provided that the employee works at least 30 minutes overtime, all time worked at the direction of the Corporation, either: (a) outside the ordinary hours of duty as provided in Clause 19 Hours of work; or in excess of 7.6 hours on any day, or in excess of 38 hours in any week, whether within the ordinary hours of duty or not, will be paid at overtime rates Overtime worked on Mondays to Fridays inclusive will be paid at the rate of time and a half for the first two hours on any day and double time thereafter All time worked on Saturdays and Sundays will be paid at double time and all time worked on public holidays will be paid at double time and a half (in total). A minimum payment of three hours will apply to any overtime worked on these days.

23 RETURNTOWORKSA AWARD 2015 PART 6 PAGE The basic hourly rate for calculation of overtime will be obtained by dividing the fortnightly total remuneration paid to an employee by the number of ordinary hours that the employee is required to work by the Corporation Part-time employees can work overtime. The requirement to work overtime must be agreed to by the employee and the department manager. Time worked up to 7.5 hours in one day is regarded as an extension of the contract hours for that day and shall be paid at the normal rate of pay. Time worked in excess of 7.5 hours in one day shall be paid at the appropriate overtime rate With the exception of employees who are appointed to or acting in the information systems area, no overtime payment will be made to an employee who is appointed to or acting in a Level 6 or higher level in this Award If any employee is required to work overtime for a minimum of: (a) (c) two hours on any week day after the completion of a minimum of 7.6 hours where some part of the required overtime is worked after 6.30 p.m.; or three hours on a Saturday, Sunday or public holiday before 1.00 p.m. and the employee continues to work further overtime which extends after 1.00 p.m.; or two hours before 7.30 a.m. on any day, such employee will be entitled to an unpaid meal break of 30 minutes and will, in addition to any overtime payment provided by this clause, be paid a meal allowance as follows: Seventy five percent of the minimum hourly rate paid to an employee appointed to Level 2 for an evening meal; Seventy per cent of the evening meal rate prescribed above for other meals Payment for overtime worked and meal allowance will be made no later than the pay day of the pay period after a claim for payment is lodged Where an employee, after having worked overtime, finishes work at a time when reasonable means of transport are not available, the Corporation will reimburse the employee for the cost of suitable transport to the employee s home. This subclause shall not apply where the Corporation provides suitable transport at its own cost With the agreement of the employee, time off may be taken in lieu of payment for overtime worked. Such time off may accumulate to a maximum of 38 hours and will be permitted within three months of the working of the overtime unless otherwise mutually agreed. The time off taken in lieu of overtime will be the equivalent of overtime actually worked. If time off in lieu of overtime is not taken within three months and no extension of that time has been mutually agreed, the Corporation will pay the employee for the overtime worked at the rate applicable at the time of the working of the overtime An employee who is required to work overtime on any one day between the termination of ordinary hours on one day and the commencement of ordinary hours on the next, and who has not had at least eight consecutive hours off duty between those times, will be released after completion of the overtime until the employee has had eight consecutive hours off duty without loss of pay for ordinary hours of duty Recall to duty If after leaving work, an employee is recalled to duty to work overtime, a minimum payment of three hours will be made.