Royal Flying Doctor Service of Australia (Queensland Section) Limited (AG2014/1803)

Transcription

1 [2014] FWCA 4995 DECISION Fair Work Act 2009 s Application for approval of a single-enterprise agreement Royal Flying Doctor Service of Australia Limited (AG2014/1803) ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) LIMITED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT Health and welfare services COMMISSIONER SIMPSON BRISBANE, 28 JULY 2014 Application for approval of the Royal Flying Doctor Service of Australia (Queensland Section) Limited Health Professionals Enterprise Agreement [1] An application has been made for approval of an enterprise agreement known as the Royal Flying Doctor Service of Australia Limited Health Professionals Enterprise Agreement (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Royal Flying Doctor Service of Australia Limited. The Agreement is a single-enterprise agreement. [2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met. [3] The agreement is approved and will operate in accordance with s.54. COMMISSIONER Printed by authority of the Commonwealth Government Printer <Price code J, AE PR553510> 1

2 ROYAL FLYING DOCTOR SERVICE OF AUSTRALIA (QUEENSLAND SECTION) LIMITED HEALTH PROFESSIONALS ENTERPRISE AGREEMENT June 2014 Page 1 of 57

3 TABLE OF CONTENTS Page No: PART 1 APPLICATION AND OPERATION Title Application of Agreement Commencement and Term of the Agreement Agreement Prevails Definitions/Glossary No Claims during the Nominal Period of this Agreement Posting of Agreement Other Matters not covered by this Agreement... 6 PART 2 CONSULTATION, DISPUTE RESOLUTION AND FLEXIBILITY Local Consultative Committee Union Delegates and Employee Representatives Dispute Resolution Consultation Individual Flexibility Arrangements Requests for Flexible Working Arrangements PART 3 EMPLOYMENT TYPES & TERMINATION OF EMPLOYMENT Types of Employment Notice of Termination Redundancy PART 4 HOURS OF WORK Hours of Work Meal and Tea Breaks Overtime and Time in Lieu (TIL) Make-up time Stand Down PART 5 SALARIES AND OTHER BENEFITS Classification and Salaries Work Plan Pay Point Increases Superannuation Salary Packaging Employees performing Higher Duties Travelling and Motor Vehicle Allowance Overnight Allowances Remote Area Package Re-location Allowance PART 6 LEAVE Public Holidays Annual Leave Personal/Carer s Leave Compassionate Leave Community Service Leave Parental Leave Long Service Leave Professional Development Leave (Study Leave) Domestic Violence Cultural Leave Natural Disaster Leave (E.g. Floods / Cyclones / Storms / Bushfires) PART 7 REGISTRATION, PROFESSIONAL ASSOCIATIONS AND EMPLOYMENT REQUIREMENTS Professional Registration Accreditation with Professional Associations Employment Requirements Presentation of Papers at Conferences June 2014 Page 2 of 57

4 48. Duties within Skills, Competency and Training Probationary & Performance and Development Reviews External Employment: Self or Other Employer Signatories Appendix A - Role Classification Table Appendix B - Classification/Reclassification of Positions Appendix C Work Level Descriptors June 2014 Page 3 of 57

5 PART 1 APPLICATION AND OPERATION 1. Title 1.1. This Agreement shall be known as the Royal Flying Doctor Service of Australia (Queensland Section) Limited Health Professionals Enterprise Agreement Application of Agreement 2.1. This Agreement shall apply exclusively to Royal Flying Doctor Service of Australia Limited (ABN ); ( the Company, Employer, RFDS and RFDS (Qld Section)) and all Health Professionals employed by the Employer under the classifications contained within this agreement, specifically excluding senior managers as designated by the RFDS as being outside of the scope of this Agreement. 3. Commencement and Term of the Agreement 3.1. This Agreement commences seven days after approval by the Fair Work Commission This agreement will have a nominal expiry date of 30 June This Agreement will continue to apply after its nominal expiry date in accordance with the Act until such time that the Agreement is replaced or terminated in accordance with the Act. 4. Agreement Prevails 4.1. Subject to the Act and except where this Agreement expressly provides otherwise, this Agreement operates to the exclusion of any other agreement, award, or industrial instrument that might otherwise apply to the Employee s employment. 5. Definitions/Glossary Act Best practice Continuous service Service Health Professionals Is defined as the Fair Work Act 2009 (Cth). To be the best in each area of activity. This incorporates the concept of improvement, performance measurement, bench marking and team based approaches to problem solving. For the purposes of requests for flexible working arrangements, parental leave and notice of termination, Continuous Service is defined as a period during which the employee is employed but does not include: a) any period of unauthorised absence, or b) any period otherwise declared by law. Is defined as periods in which the employee is employed, but does not include any period of unauthorised absence or any period of unpaid leave, other than a period of defined community services leave or a period of stand down. Perform work designed to aid individuals, groups or communities to attain satisfying standards of life through activities that improve personal and social relationships. Broad classifications, within the RFDS Health Professionals structure: are Community Support Workers, Community Practitioners, Health Practitioners, Project/Coordination roles and some Leader/Managerial roles. 26 June 2014 Page 4 of 57

6 Without limiting the generality of the foregoing, work shall include: (a) (b) (c) Information collection and provision related to services and community resources available to clients; Supportive and/or crisis counselling; Assessment of individual, family group or community needs; (d) Development, implementation and assessment and/or maintenance of individual casework programs; (e) (f) (g) (h) (i) (j) (k) (l) (m) (n) (o) Referral and liaison with other workers and professionals, agencies, community groups, organisations or governments; Co-ordination of activities and/or facilities for the development of independent living skills and/or social skills; Research and analysis of social, welfare and/or community issues, needs or problems; Development and maintenance of community resources; Development, maintenance, implementation and evaluation of a family, group and community programme; Social welfare or community planning, policy development, interpretation and/or implementation; Representation, advocacy, negotiation and mediation within and between communities, agencies, institutions, and governments, or with individuals; Counselling and/or social welfare support (not including nursing or medical services) for people living at home and who are unable to live independently; Development and transfer of skills and knowledge in community organisation, community education, advocacy, resource management, cultural awareness and other relevant areas within the community; Tasks associated with the maintenance of community services and social welfare projects including the preparation of submissions and reports and any incidental financial documentation; Provision of clinical services and client management by employees with relevant professional registration. Immediate Family Local Consultation Committee ( LCC ) On-Call Means a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of the employee; or a child, parent, grandparent, grandchild or sibling of a spouse or de facto partner of the employee. A committee established for the purpose of joint consultation between the Employer and its Employees. The Consultative Committee meets to discuss matters relating to improving the efficiency, productivity and competitiveness of the enterprise. Means a written instruction to an employee to remain at the employee s residence or otherwise to be immediately contactable by telephone or paging system outside the employee s normal hours of duty in case of a 26 June 2014 Page 5 of 57

7 call out requiring an immediate return to duty. Productivity Productivity is the efficiency with which resources are used to produce and deliver services at specified levels of quality and timeliness. Productivity gains may be in a variety of forms, which may include: (a) (b) (c) (d) (e) the provision of the same level and quality of services at a lesser input; the provision of a greater level of customer service at the same or lesser input; the development of a capacity to provide increased services in those work units where growth is occurring; updated technology; an agreed combination of the above. The Employer Royal Flying Doctor Service of Australia Limited. 6. No Claims during the Nominal Period of this Agreement 6.1. The Employees agree that they will not pursue any claims against the RFDS (Qld Section) in respect of their employment during the nominal period of this Agreement. 7. Posting of Agreement 7.1. The RFDS shall make available, on the RFDS intranet, a current copy of this Agreement. A copy of this Agreement will be provided to all current employees and all new employees covered by the Agreement. An electronic copy will be acceptable. 8. Other Matters not covered by this Agreement 8.1. An employee covered by this Agreement who has benefits or conditions at the time of making this Agreement, which may not be specifically mentioned in this Agreement, shall continue to be provided with that benefit or condition for the term of this Agreement, or until it is agreed by both the employee and employer that the benefit or condition no longer applies. However, as any such benefit or condition is generally covered by company policy, should the company policy change, the benefit or condition will change. 26 June 2014 Page 6 of 57

8 PART 2 CONSULTATION, DISPUTE RESOLUTION AND FLEXIBILITY 9. Local Consultative Committee 9.1. As a practical vehicle to facilitate negotiations between the parties, a Local Consultative Committee ( LCC ) has been established. Employees who act as representatives on the LCC are self-nominated or elected/appointed by the employees. The management representatives are appointed by and are responsible to Royal Flying Doctor Service. The LCC generally meets every six months or more frequently as required The parties are committed to a consultative process which aims to effect a change in the organisation s culture through co-operation. Management will assist and support these processes by providing resources to participate where required. Facilities 9.3. The following facilities will be made available to the parties involved in any consultative forum set up in accordance with this Agreement: (a) (b) (c) Wherever possible meetings should occur in normal working time. When a meeting occurs outside normal working time the appropriate rate of pay will be paid. This includes preparation for meetings, reporting back and travelling to and from attendance at meetings. Reasonable access to normal facilities such as word processing, photocopying, postal system, telephone, storage facilities, , notice boards and meeting rooms. Access to a room with normal office facilities shall be provided for representatives of the parties to discuss matters associated with consultative forums established under this Agreement No employee will be disadvantaged as a result of activities conducted in accordance with this clause. 10. Union Delegates and Employee Representatives For the purposes of this clause, an employee representative is an employee employed by the RFDS (Qld Section) who is representing a fellow employee in an industrial or employment related matter or acting as an employee representative during negotiation for an enterprise agreement The parties recognise the role the employees representatives have in seeking to ensure industrial harmony at the workplace. Further the parties recognise that the employee representatives may be a point of contact for an employee who may have an employment related grievance, query or concern Employee representatives shall, upon notification to the employer, be recognised as representatives of the employees and be allowed all necessary time during working hours to submit to the company matters affecting the employees they represent. At all other times employee representatives will perform productive work within their range of qualifications and competence. Further, employee representatives shall be allowed reasonable time during working hours to attend to job matters affecting the employees Subject to all qualifications in this clause, an employee appointed or elected as an employee representative will, upon application in writing to the employer, be granted up to 26 June 2014 Page 7 of 57

9 three days paid leave each calendar year, non-cumulative to attend courses. This is in addition to the employee s normal study leave entitlement Such courses will be designed and structured with the objective of promoting good industrial relations at the workplace The application for leave will be given to the employer 28 days in advance of the date of commencement of the course. The application for leave will contain the following details: (a) (b) (c) The name of the employee seeking the leave; The period of time for which the leave is sought (including course dates and the daily commencing and finishing times); and The title, general description and structure of the course to be attended and the location of where the course is to be conducted The employer will advise the employee representative within seven clear working days (Monday to Friday) of receiving the application as to whether or not the application for leave has been approved The time of taking leave will be arranged so as to minimise any adverse effect on the company s operations. The onus will rest with the company to demonstrate an inability to grant leave when an eligible employee is otherwise entitled Leave of absence granted pursuant to this clause will count as service for all purposes of this Agreement Any dispute as to any aspect of this clause will be resolved in accordance with the dispute settlement provisions of this Agreement Where the employer is satisfied that an Employee Representative s attendance at Fair Work Commission hearing will contribute to the proper conduct of proceedings involving the parties to this agreement, the Employee Representative(s) will be granted the necessary leave, without loss of ordinary pay to attend the hearing. 11. Dispute Resolution If a dispute relates to: (a) a matter arising under the agreement; or (b) the National Employment Standards; this term sets out procedures to settle the dispute An employee who is a party to the dispute may appoint a representative for the purposes of the procedures in this term In the first instance, the parties to the dispute must try to resolve the dispute at the workplace level, by discussions between the employee or employees and relevant supervisors and/or management, utilising the RFDS Grievance and Complaints Policy If discussions at the workplace level do not resolve the dispute, a party to the dispute may refer the matter to Fair Work Commission The Fair Work Commission may deal with the dispute in 2 stages: (a) the Fair Work Commission will first attempt to resolve the dispute as it considers appropriate, including by mediation, conciliation, expressing an opinion or making a recommendation; and 26 June 2014 Page 8 of 57

10 (b) if the Fair Work Commission is unable to resolve the dispute at the first stage, the Fair Work Commission may then: (i) arbitrate the dispute; and (ii) make a determination that is binding on the parties. Note: If Fair Work Commission arbitrates the dispute, it may also use the powers that are available to it under the Act. A decision that Fair Work Commission makes when arbitrating a dispute is a decision for the purpose of Div 3 of Part 5.1 of the Act. Therefore, an appeal may be made against the decision While the parties are trying to resolve the dispute using the procedures in this term: (a) an employee must continue to perform his or her work as he or she would normally unless he or she has a reasonable concern about an imminent risk to his or her health or safety; and (b) an employee must comply with a direction given by the employer to perform other available work at the same workplace, or at another workplace, unless: (i) the work is not safe; or (ii) applicable occupational health and safety legislation would not permit the work to be performed; or (iii) the work is not appropriate for the employee to perform; or (iv) there are other reasonable grounds for the employee to refuse to comply with the direction The parties to the dispute agree to be bound by a decision made by Fair Work Commission in accordance with this term. 12. Consultation This term applies if the employer: (a) has made a definite decision to introduce a major change to production, program, organisation, structure or technology in relation to its enterprise that is likely to have a significant effect on the employees; or (b) proposes to introduce a change to the regular roster or ordinary hours of work of employees. Major change For a major change referred to in paragraph 12.1(a): (a) the employer must notify the relevant employees of the decision to introduce the major change; and (b) subclauses 12.3 to 12.9 apply The relevant employees may appoint a representative for the purposes of the procedures in this term If: (a) (b) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative As soon as practicable after making its decision, the employer must: (a) discuss with the relevant employees: (i) the introduction of the change; and (ii) the effect the change is likely to have on the employees; and 26 June 2014 Page 9 of 57

11 (b) (iii) measures the employer is taking to avert or mitigate the adverse effect of the change on the employees; and for the purposes of the discussion provide, in writing, to the relevant employees: a. all relevant information about the change including the nature of the change proposed; and b. information about the expected effects of the change on the employees; and c. any other matters likely to affect the employees However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees The employer must give prompt and genuine consideration to matters raised about the major change by the relevant employees If a term in this agreement provides for a major change to production, program, organisation, structure or technology in relation to the enterprise of the employer, the requirements set out in paragraph 12.2.(a) and subclauses 12.3 and 12.5 are taken not to apply In this term, a major change is likely to have a significant effect on employees if it results in: (a) the termination of the employment of employees; or (b) major change to the composition, operation or size of the employer s workforce or to the skills required of employees; or (c) the elimination or diminution of job opportunities (including opportunities for promotion or tenure); or (d) the alteration of hours of work; or (e) the need to retrain employees; or (f) the need to relocate employees to another workplace; or (g) the restructuring of jobs. Change to regular roster or ordinary hours of work For a change referred to in paragraph 12.1.(b): (a) the employer must notify the relevant employees of the proposed change; and (b) subclauses to apply The relevant employees may appoint a representative for the purposes of the procedures in this term If: (a) (b) a relevant employee appoints, or relevant employees appoint, a representative for the purposes of consultation; and the employee or employees advise the employer of the identity of the representative; the employer must recognise the representative As soon as practicable after proposing to introduce the change, the employer must: (a) discuss with the relevant employees the introduction of the change; and (b) for the purposes of the discussion provide to the relevant employees: (i) all relevant information about the change, including the nature of the change; and (ii) information about what the employer reasonably believes will be the effects of the change on the employees; and (iii) information about any other matters that the employer reasonably believes are likely to affect the employees; and (c) invite the relevant employees to give their views about the impact of the change (including any impact in relation to their family or caring responsibilities). 26 June 2014 Page 10 of 57

12 However, the employer is not required to disclose confidential or commercially sensitive information to the relevant employees The employer must give prompt and genuine consideration to matters raised about the change by the relevant employees In this term relevant employees means the employees who may be affected by a change referred to in subclause Individual Flexibility Arrangements An employer and employee covered by this enterprise agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the agreement if: (a) the agreement deals with 1 or more of the following matters: (i) arrangements about when work is performed; (ii) overtime rates; (iii) penalty rates; (iv) allowances; (v) leave loading; and (b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee The employer must ensure that the terms of the individual flexibility arrangement: (a) are about permitted matters under section 172 of the Fair Work Act 2009; and (b) are not unlawful terms under section 194 of the Fair Work Act 2009; and (c) result in the employee being better off overall than the employee would be if no arrangement was made The employer must ensure that the individual flexibility arrangement: (a) is in writing; and (b) includes the name of the employer and employee; and (c) is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and (d) includes details of: (i) the terms of the enterprise agreement that will be varied by the arrangement; and (ii) how the arrangement will vary the effect of the terms; and (iii) how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing at any time. 14. Requests for Flexible Working Arrangements An Employee may request change in working arrangements if: (a) any of the circumstances referred to in clause 14.2 apply to an employee, and (b) the Employee would like to change his or her working arrangements because of those circumstances. 26 June 2014 Page 11 of 57

13 14.2. The following are those circumstances: (a) the Employee is a parent, or has responsibility for the care, of a child who is of school age or younger; (b) the Employee is a carer (within the meaning of the Carer Recognition Act 2010); (c) the Employee has a disability; (d) the Employee is 55 or older; (e) the Employee is experiencing violence from a member of the Employee s family; (f) the Employee provides care or support to a member of the Employee s immediate family, or a member of the Employee s household, who requires care or support because the member is experiencing violence from the member s family To avoid doubt, and without limiting clause 14.1, an Employee who: (a) is a parent, or has responsibility for the care of a child; and (b) is returning to work after taking leave in relation to the birth or adoption of the child; may request to work part-time to assist the employee to care for the child The Employee is not entitled to make the request unless: (a) the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or (b) for a casual Employee the Employee: (i) is a long term casual Employee of the Employer immediately before making the request; and (ii) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis The request must: (a) be in writing; and (b) set out details of the change sought and of the reasons for the change When responding to the request: (a) the Employer must give the Employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request; (b) the Employer may refuse the request only on reasonable business grounds; Without limiting what are reasonable business grounds for the purposes of clause 14.6 (b), reasonable business grounds include the following: (a) that the new working arrangements requested by the Employee would be too costly for the Employer; (b) that there is no capacity to change the working arrangements of other Employees to accommodate the new working arrangements requested by the Employee; (c) that it wold be impractical to change the working arrangements of other Employees, or recruit new employees, to accommodate the new working arrangements requested by the Employee; (d) that the new working arrangements requested by the Employee would be likely to result in significant loss in efficiency or productivity; (e) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service If the Employer refuses the request, the written response under subsection 14.6 (a) must include details of the reasons for the refusal. 26 June 2014 Page 12 of 57

14 PART 3 EMPLOYMENT TYPES & TERMINATION OF EMPLOYMENT 15. Types of Employment Employees will be employed in any of the following categories: a. full-time; b. part-time; c. casual; or d. fixed term/specified task basis At the time of engagement the Employer will inform each employee of the following terms: (a) Whether they are to be full-time, part-time, casual or fixed term/task; (b) The employer will also advise the employee about the duration of any probation period, which will not be greater than six months. If during the probationary period an employee is granted any continuous periods of leave of two (2) weeks or more, the maximum probationary period will be six months plus an additional period which equates to the period of leave taken; (c) The employee's classification and rate of pay pursuant to this Agreement; and (d) For part-time employees, the regular pattern of work, specifying at least the number of hours worked each day, which days of the week the employee will work and the actual starting and finishing times of each day; Full Time Employment A full-time employee will be employed to work an average of 38 hours per week. Part-Time Employment A part-time employee is engaged to perform less than the full-time hours at the workplace on a reasonably predictable basis; The Employer may employ part-time employees in any classification in this Agreement; At the time of engagement the Employer and the part-time Employee will agree in writing on a regular pattern of work, specifying at least the number of hours worked each day, which days of the week the Employee will work and the actual starting and finishing times of each day; A part-time employee must work for no less than two hours on each day; Part-time employees are entitled, on a pro rata basis, to equivalent pay and conditions to those of full-time Employees. Casual Employment A casual employee means an employee who is engaged and paid as such A casual employee will be paid per hour at the rate of 1/1976 of the annual salary for the work performed as defined in the Role Classification Table, plus a 25% loading. This loading is instead of entitlements to leave and other matters from which casuals are excluded A casual employee shall be engaged for a minimum period of two consecutive hours for each period of engagement. 26 June 2014 Page 13 of 57

15 Fixed Term/Fixed Task Employment A fixed term/task employee may be engaged to work on either a full-time or part-time basis for the completion of a specified task(s) or project. Examples of such engagement include but are not limited to the following: (a) (b) (c) (d) To relieve in a vacant position arising from an employee taking leave in accordance with this document; or For the temporary provision of specialist skills that are not available within the organisation for a specified period of time; or To fill short term vacancies during the recruitment and selection of a permanent employee; or Where a position has only been funded from State or Commonwealth government for a fixed period of time of less than 3 years When offering employment on a fixed term basis, the employer shall advise the employee in writing of the temporary nature of the employment, and the actual or expected duration of employment Whenever possible the employer will offer alternative permanent employment at the end of a fixed term contract If a fixed term employee is subsequently appointed to a permanent position with the Employer, with no more than 3 months break in service between the two contracts of employment, all leave entitlements accumulated and unpaid at the end of the fixed-term employment shall be recognised in the new contract of employment. All service under the fixed-term contract will be counted as service in the new contract of permanent employment Where funding is for a three year period or more, the employer will endeavour to negotiate with the funding body/bodies, funding for redundancy payments. This will enable permanent employment for those who would otherwise have been employed on a three year fixed term contract. If funding cannot be secured, the employer will recruit an employee (who would otherwise have been employed on a three year fixed term contract) permanently and will pay the applicable redundancy payments if ongoing employment cannot be offered at the expiry of a funded contract. 16. Notice of Termination Notice of termination by Employer A notice period is the amount of notice an employer must give an employee if they plan to terminate the employee's employment. Period of Continuous Service Not more than 1 year More than 1 year but not more than 3 years More than 3 years but not more than 5 years More than 5 years Period of Notice 1 week 2 weeks 3 weeks 4 weeks The period of notice will be increased by one week if the Employee is over 45 years old and has completed at least 2 years of continuous service with the Employer at the end of the day the notice is given Nothing in this clause prevents the Employer from dismissing an Employee without the requirement of notice in the case of serious misconduct. 26 June 2014 Page 14 of 57

16 Payments in Lieu of Notice In circumstances of resignation or termination the Employer may elect to pay the Employee a period in lieu of notice and have the Employee cease work before the termination date. The required amount of payment instead of notice must equal 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) (b) (c) the Employee s ordinary hours of work; the amounts ordinarily payable to the Employee in respect of those hours, including allowances and loadings; and any other amounts payable under the Employee s contract of employment. No Entitlement to notice periods The period of notice in this clause does not apply: (a) (b) (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. Notice of termination by an employee An Employee will be required to provide four weeks notice of resignation Where an Employee does not serve the required period of notice, the Employer may, at their discretion deduct from any monies owed to the Employee, the unserved period of notice. 17. Redundancy The following table details the obligations to be met in terms of Redundancy: Period of Continuous Service Severance pay (in weeks) Less than 1 year Nil 1 year but less than 2 4 More than 2 but not more than 3 6 More than 3 but not more than 4 7 More than 4 but not more than 5 8 More than 5 but not more than 6 10 More than 6 but not more than 7 11 More than 7 but not more than 8 13 More than 8 but not more than 9 14 More than 9 but not more than More than 10 years 12 Transfer to Lower Paid Duties In the event an Employee accepts a lower paid role by reason of redundancy, the Employee will be given the following minimum notice before any reduction in salary or paid at the existing salary rate for the notice specified below: 26 June 2014 Page 15 of 57

17 Period of Continuous Service Not more than 1 year More than 1 year but not more than 3 years More than 3 years but not more than 5 years More than 5 years Period of Notice 1 week 2 weeks 3 weeks 4 weeks Employee Leaving During Notice An Employee given notice of termination in circumstances of redundancy may terminate their employment during the period of notice. The Employee is entitled to receive the severance payments they would have received under this clause had they remained in employment until the expiry of the notice, but are not entitled to payment instead of notice of termination. Job Search Entitlement An Employee given notice of termination in circumstances of redundancy must be allowed up to one day s time off (pro-rata for part-time) without loss of pay during each week of notice for the purpose of seeking other employment If the Employee has been allowed paid job search entitlement leave for more than one day during the notice period for the purpose of seeking other employment, the Employee must, at the request of the Employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient. 26 June 2014 Page 16 of 57

18 PART 4 HOURS OF WORK 18. Hours of Work Ordinary Hours of Work The ordinary hours of work for a full-time employee shall be an average of 38 per week, to be rostered on the following basis: (a) 38 hours within a 7 day period; or (b) 76 hours within a 14 day period; or (c) 152 hours within a 28 day period The rostered ordinary hours of work prescribed may be worked between Monday to Friday inclusive, subject to the following: (a) The rostered ordinary hours of work prescribed herein shall be worked within a designated spread of thirteen hours, except for meal breaks, between 7.00am and 8.00pm. The spread of hours may be altered by mutual agreement between the employer and the employee and must not adversely affect client service delivery; and (b) The rostered ordinary hours of work prescribed herein shall generally not exceed 45.6 in any 7 day period, however can be extended to a maximum of 47.5 with the employees approval; and (c) The rostered ordinary hours of work prescribed therein shall not exceed 10 hours on any day; and (d) The rostered ordinary starting and finishing times of an employee will be determined by the employer. Part-time employees: At the time of engagement the Employer and the part-time Employee have agreed on a specified pattern of work Changes to hours may only be made by agreement. Any agreed variation to the regular pattern of work will be recorded in writing In the circumstance where a part-time Employee requests and the Employer provides and approves a temporary increase in ordinary hours of work, this agreement shall be recorded in writing. An will be sufficient In the circumstance where the Employer requests and approves additional hours these additional hours will be paid as ordinary time to a maximum of 38 hours per week. Clause 20 deals with hours in excess of the average 38 per week. Ten Hour Break An employee shall wherever practicable, have at least 10 hours free from duty between the completion of one rostered shift and the commencement of the next working day An employee so affected should contact their manager before commencing duty and will commence duty at the time instructed by their manager An employee who has been instructed to be absent from work until the 10 hours have elapsed will suffer no loss in ordinary time pay If the employee has been instructed to resume work without having had such 10 consecutive hours off duty, the employee will be paid the following overtime penalties, until such time their ordinary hours would have commenced if they had not been instructed to start earlier: 26 June 2014 Page 17 of 57

19 (a) Time and a half for the first 3 hours and double time thereafter. 19. Meal and Tea Breaks An employee who is rostered to work at least 7.6 ordinary hours will be entitled to an unpaid meal break of not less than 30 minutes and not more than 60 minutes duration Every employee will be entitled to a paid 10 minute tea break in each four hours worked at a time to be agreed between the employer and employee Where an employee works at least 7.6 ordinary hours, the employee will be provided with 2 10 minute tea breaks Subject to agreement between the employer and employee, breaks as described in 19.3 above may alternatively be taken as one 20 minute break. 20. Overtime and Time in Lieu (TIL) It is expected that work will be completed in the hours of work allocated. However the RFDS recognises that there are times when, for a variety of reasons, work or travel outside of normal hours is required. Employees will therefore be compensated for hours worked in excess of their contracted hours under the following conditions: Ordinary Hours of Work Employee ordinary hours of work are between the hours of 7.00am and 8.00pm. This ensures availability during normal office hours but allows flexibility for earlier starts or later departures When travelling by RFDS, charter or commercial aircraft the working day commences / ends from the time a staff member arrives / departs the hangar / airport When employees are required to travel on rostered days off to commence work activities on the following day, the working day commences / ends from the time the employee arrives / departs the airport Any hours the employee works above the rostered ordinary working hours must be preapproved by their line manager. If the additional hours are not pre-approved by their line manager, the line manager has the right to question the legitimacy of the additional hours and the TIL may not be authorised The employee has the right to decline a request to work additional hours over their rostered ordinary hours An unpaid lunch break of at least 30 minutes must be taken each day by the employee. When can TIL be accrued? Where employer requested and approved hours in excess of an employees rostered ordinary hours are worked, the additional hours will be accumulated as TIL. TIL is generally accumulated and taken on a 1:1 basis. That is, for every hour worked, an hour of TIL is accumulated Where an employee works: (a) greater than 10 hours in any one day; or (b) on a Saturday or Sunday, and in either case (c) has worked greater than their rostered ordinary hours 26 June 2014 Page 18 of 57

20 the employee will accumulate TIL on a time and one half basis for every hour worked However, where an employee works: (a) greater than 10 hours in any one day; or (b) on a Saturday or Sunday, and in either case (c) the reason for the additional work was due to circumstances outside the control of the employee or the employer (e.g. aircraft breakdown) regardless of if the employee has worked greater than their rostered ordinary hours, the employee will accumulate TIL on a time and one half basis for every hour worked. How much TIL can be accrued? By mutual agreement, an employee may accumulate up to one week s ordinary hours (38 hours for full time employees) of TIL. In exceptional circumstances employees may request to accumulate two weeks TIL. This must be approved by the employee s line manager TIL must be taken within 8 weeks of the additional hours having been worked If the TIL balance for an employee exceeds 38 hours (for full time employees), the line manager and the employee will discuss plans to reduce the balance. If a suitable arrangement can not be agreed between the employee and the employer, the employer may require the employee to take TIL to reduce this balance Any accrued TIL must be exhausted prior to taking any Annual Leave or Leave without Pay The taking of TIL must not impact service delivery. Therefore, TIL cannot be taken on scheduled community service days (unless the service day can be transferred to another day) or allocated organisational meeting days. Procedure for Accruing and Accessing TIL TIL accrual must be processed by the employee via the online payroll system and applications to take TIL as leave must be applied for by the employee via the online payroll system. Any hours not recorded through the online payroll system will not be considered legitimate (at the discretion of the General Manager) Employees must gain pre-approval by phone/ from their line manager to work additional hours and therefore before the accrual of TIL TIL will only be approved when it is in line with the requirements of this clause. 21. Make-up time An employee may elect, with the consent of their employer, to work make-up time, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided for in this Agreement. 22. Stand Down The RFDS may, under provisions of the Fair Work Act 2009 stand down an employee during a period in which the employee cannot usefully be employed because of one of the following circumstances: (a) Industrial action (other than industrial action organised or engaged in by the RFDS); 26 June 2014 Page 19 of 57

21 (b) (c) (d) A breakdown of machinery or equipment, if the RFDS can not reasonably be held responsible for the breakdown; A stoppage of work for any cause for which the RFDS can not reasonably be held responsible. Any other reason as provided under the Act If the RFDS stands down an employee as per above, the RFDS is not required to make payment to the employee for that period. The RFDS acknowledges that from time to time aircraft breakdown may impact on an employees ability to travel to community to work. In this case the RFDS will continue to pay an employee to conduct administrative work at their home Base. 26 June 2014 Page 20 of 57

22 PART 5 SALARIES AND OTHER BENEFITS 23. Classification and Salaries This agreement has provided the following salary increases to the classification scale of Appendix A: 1 July % 1 July % 1 July % 1 July 2016 CPI Employees will be employed and paid under the classifications provided in Appendix A of this Agreement The net pay value of an employees remuneration will be paid fortnightly. Any final pay upon an employee s departure will be paid on the following pay day In consideration of the commitment of all parties to this Agreement, wage increases due for 1 July 2013 and any applicable back pay will be paid in the next available pay run post the successful outcome of ballot. No employee at the commencement of this Agreement will have their salary reduced as a result of classification re-structure resulting from the implementation of this Agreement Increases effective 1 July 2016 will be increased by the all groups, all states average CPI for the year ending June It is agreed that commencing 1 July 2016 the parties will commence work on reviewing in full, the current classification structure with a view to develop a new structure. 24. Work Plan A Work Plan (or the IPPP which is described in the Performance and Development Review template as the Individual Performance and Professional Development Plan (IPPP)) will be developed annually for each position in line with the Position Description and/or program s contract agreement under which the position is funded. The Work Plan will be based on the requirements of each position s goals and competencies. 25. Pay Point Increases Upon completion of an annual employee Performance and Development Review (PDR), an employee will receive an increase of one pay point per year, either on 1 July or at their anniversary date (in line with their completed PDR). The pay point increase will be actioned within the allocated descriptor banding for the role if it can be demonstrated the employee has achieved at least a rating of most of the time and proficient and competent in all areas of the PDR. The employee will also need to have demonstrated skills, knowledge or acquired qualifications required by that pay point and have taken on those additional responsibilities required by that pay point Part of the PDR evaluation will be an assessment based on the agreed Work Plan or Individual Personal Performance and Development Plan (IPPP) from the previous year or probationary period Any agreement between the employer and employee regarding requirements for new skills and knowledge to be acquired or additional responsibilities to be taken on within an existing 26 June 2014 Page 21 of 57

23 position description/job role should be clearly described in the Work Plan or PDR [IPPP] for joint evaluation the following year. This is a shared responsibility between the employer and employee Employees will be eligible for pay point increase in the following context: (a) In the case of a full time employee, that employee has been paid at the same rate for twelve months; or (b) In the case of a part time or casual employee, that employee has worked a minimum of 800 ordinary hours and has been paid for twelve months on that pay point; and (c) Where the employee has given satisfactory service over the preceding twelve months and has achieved at least a rating of most of the time and proficient and competent in all areas of the PDR; and (d) Where the employee has on assessment met agreed goals articulated in the Work Plan or [IPPP], and has acquired new or enhanced skills which she/he is required to hold by the employer to use within the ambit of the level definition for his/her position; or (e) Where the employee has acquired other skills as agreed during the PDR process and this has been certified in writing following, and as part of, the assessment process. Timing The pay point increase will be awarded effective 1 July each year where the PDR has occurred between February and May or from the anniversary date if the PDR has occurred in the lead up to that date In cases where the Review is delayed, the Review will be conducted and the pay point awarded and paid retrospectively to 1 July or the anniversary date. Process If, following a successful PDR and fulfilment of all the requirements outlined in 25.4, a manager recommends an employee for a pay point increase the manager must, before communicating that recommendation to the employee, complete a Change of Employment Details form (COED) outlining the recommendation and forward it, together with the completed PDR, to the appropriate Regional Manager / General Manager for ratification. The PDR and approved COED must then be forwarded to HR for processing. Banding Banding refers to a cluster of pay points such as G to D on the Health Practitioner classification or J to H on the Community Services classification. A particular role is generally assigned to a particular banding. Movement outside and above a descriptor banding will require the employee to have demonstrated a significant acquisition of extra skills, knowledge or qualifications and will happen when the employee is appointed to a new role that has been advertised at a higher banding, or where their role has been reviewed with significantly increased responsibilities. Dispute Resolution If a dispute arises between an employee and their manager regarding the employee s eligibility for a pay point increase or a banding reclassification of their role, the matter should be resolved in line with Clause 11 Dispute Resolution in this Agreement. This clause allows for internal resolution utilising the RFDS Grievance and Complaints Policy. 26 June 2014 Page 22 of 57