CATHOLIC EMPLOYING AUTHORITIES SINGLE ENTERPRISE COLLECTIVE AGREEMENT - RELIGIOUS INSTITUTE SCHOOLS OF QUEENSLAND 2012

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1 [2012] FWAA DECISION Fir Work Act 2009 s.185 Enterprise greement All Hllows School Limited; Brigidine College Indooroopilly; Downlnds College; Ion College Limited; Lourdes Hill College; Mount Alverni College Limited; Mt St Michel s College Limited; St Rit s College Limited; Pdu College Limited; St Ursul s College Limited; Sturtholme School; Trustees of the Christin Brothers (Queenslnd); St Ursul s College, Toowoom; Loreto College Coorproo; Trustees of the Mrist Brothers; Villnov College Limited (AG2012/13939) CATHOLIC EMPLOYING AUTHORITIES SINGLE ENTERPRISE COLLECTIVE AGREEMENT - RELIGIOUS INSTITUTE SCHOOLS OF QUEENSLAND 2012 Eductionl services COMMISSIONER SIMPSON BRISBANE, 14 DECEMBER 2012 Appliction for pprovl of the Ctholic Employing Authorities Single Enterprise Collective Agreement - Religious Institute Schools of Queenslnd [1] An ppliction hs een mde for pprovl of n enterprise greement known s the Ctholic Employing Authorities Single Enterprise Collective Agreement - Religious Institutes of Queenslnd 2012(the Agreement). The Appliction ws mde pursunt to s.185 of the Fir Work Act 2009 (the Act). It hs een mde y All Hllows School Limited; Brigidine College Indooroopilly; Downlnds College; Ion College Limited; Lourdes Hill College; Mount Alverni College Limited; Mt St Michel s College Limited; St Rit s College Limited; Pdu College Limited; St Ursul s College Limited; Sturtholme School; Trustees of the Christin Brothers (Queenslnd); St Ursul s College, Toowoom; Loreto College Coorproo; Trustees of the Mrist Brothers; nd Villnov College Limited. The greement is single enterprise greement. [2] I m stisfied tht ech of the requirements of ss186, 187 nd 188 s re relevnt to this ppliction for pprovl hve een met. [3] The Independent Eduction Union of Austrli, the United Voice, the Austrlin Nursing Federtion nd the Queenslnd Nurses Union eing rgining representtives for the Agreement, hve given notice under s.183 of the Act tht they wnt the Agreement to cover them. In ccordnce with s.201(2) of the Act, I note tht the Agreement covers these orgnistions. 1

2 [2012] FWAA [4] The greement is pproved. In ccordnce with s.54(1) it will operte from 21 Decemer The nominl expiry dte of the greement is 30 June COMMISSIONER Printed y uthority of the Commonwelth Government Printer <Price code AH, AE PR532353> 2

3 ATTACHMENT 1

4 ATTACHMENT A 1 APPLICATION AND OPERATION Title Commencement dte Definitions nd interprettion Coverge Access to the wrd nd the Ntionl Employment Stndrds CONSULTATION AND DISPUTE RESOLUTION Consulttive rrngements Consulttion regrding mjor workplce chnge Procedures for preventing nd settling disputes Agreement flexiility TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT Type of employment Prt-time employment- School officers nd services stff Csul employees Contrct of employment -School officers nd services stff Fixed-term contrcts Termintion of employment Redundncy Timely notifiction of resigntion WAGES AND RELATED MATIERS Slry nd llownces- Techers Wges nd llownces- School officers Wges nd llownces- Services stff Pyment of wges nd slries Pyment of wges- Prt-time techers Pyment of wges- Csul techers Supernnution Annul leve loding Overpyments Termintion pyments {See cluse 3.6.7} Annulistion of slry- Term-time school officers Pyment of pulic holidys- Term-time employees Py dvice slips Slry pckging- Other thn to supernnution Slry pckging into supernnution funds... 29

5 5 HOURS OF WORK AND RELATED MATTERS Ordinry hours of work Mel reks nd rest puses LEAVE Annul leve- Techers Annul leve- School officers nd services stff long service leve Sick leve Helth check leve Specil responsiility leve Prentl leve Berevement leve Access to leve- Terminlly ill memer of household Emergency nd nturl disster leve Defence force reserve leve Culturl leve Extended unpid leve Union eduction leve Union development leve Pulic holidys Flexile working rrngements Domestic violence leve Jury service leve Pyment of leve EREA- Other specil leve with py rrngements CONDITIONS APPLYING TO TEACHERS Clssifiction Recognition of prior non teching service nd experience- Techers Recognition of dditionl qulifictions prior to commencing teching creer Timely notifiction of qulifictions nd experience Senior dministrtion nd positions of dded responsiility Appointment process- Senior dministrtion nd positions of dded responsiility... SO 7.7 Support for grdute techers..., Hours of duty..., Itinernt specilist techers- Primry..., Clss sizes..., Voctionl eduction ii

6 7.12 Teching resources, Co-curriculr ctivities..., Plnning, preprtion nd correction time- Primry schools Prt-time techers..., Sfe work prctices Remote re provisions (ITAS nd IPRASS) CONDITIONS APPLYING TO SUPPORT STAFF Clssifiction of school officers Incrementl dvncement..., Recognition of service - School officers Hours of work- School officers Pyment or nking of ordinry hours for school officers Pyment or nking of overtime hours for school officers Rnge of duties of support stff Multiple contrcts of employment School officer relief provision MISCELLANEOUS CONDITIONS Guidnce counsellors (techer) Guidnce counsellors (without techer qulifictions) Counsellors (without techer qulifictions) Students with specil eductionl needs Jo shre Apprisl Professionl development Work lod/intensity of work (mnging significnt chnge) Workplce stress Workplce hrssment Complints ginst employees Brestfeeding nd expressing fcilities Resourcing of school level industril prctice Incidentl nd peripherl tsks Outsourcing Bording house provisions Position descriptions Affirmtive employment of the disled Deferred slry scheme Review- School counsellor nd guidnce counsellor positions Review- Services stff provisions iii

7 9.22 Signtures SCHEDULES SCHEDULE 1-WAGES, SALARIES AND ALLOWANCES SCHEDULE 2- EXPERIENCED TEACHER SCHEDULE 3- EXPERIENCED TEACHER SCHEDULE 4A- POSITIONS OF ADDED RESPONSIBILITY SCHEDULE 4B- POSITIONS OF LEADERSHIP IN RELIGIOUS INSTITUTE SCHOOLS SCHEDULE 5 - HOURS OF DUTY {TEACHERS) SCHEDULE 6- TERM-TIME EMPLOYEES OTHER THAN TEACHERS AND NURSES SCHEDULE 7- APPRAISAL PROCESS PRINCIPLES SCHEDULE 8- SCHOOL OFFICERS' CLASSIFICATION SCHEDULE 9- FAMILY LEAVE SCHEDULE 10- COUNSELLORS {WITHOUT TEACHER QUALIFICATIONS) SCHEDULE 11- CONDITIONS APPLYING TO GREENKEEPERS AND TO ALL OTHER EMPLOYEES ASSOCIATED WITH THE PREPARATION AND/OR MAINTENANCE OF PLAYING GREENS AND THEIR ENVIRONS SCHEDULE 12- CATHOLIC BOARDING SCHOOL AND COLLEGES EMPLOYEES -SOUTH- EASTERN DIVISION SCHEDULE 13 -CATHOLIC BOARDING SCHOOLS AND COLLEGES EMPLOYEES {EXCLUDING SOUTH-EAST QUEENSLAND) SCHEDULE 14- NURSES SCHEDULE 15- MISCELLANEOUS WORKERS' SCHEDULE SCHEDULE 16- RETAIL EMPLOYEES SCHEDULE 17- MOTOR DRIVERS, ETC SCHEDULE 18- PASSENGER VEHICLE DRIVERS ETC. - NORTHERN AND MACKAY DIVISIONS SCHEDULE 19- BUILDING PRODUCTS, MANUFACTURE AND MINOR MAINTENANCE SCHEDULE 20- CHILDREN'S SERVICES SCHEDULE 21- MISCELLANEOUS PROVISIONS FROM PREVIOUS AGREEMENTS SCHEDULE 22- LONG SERVICE LEAVE- TEACHERS SCHEDULE 23 -ISOLATED TEACHERS' ASSISTANCE SCHEME SCHEDULE 24 -INCENTIVE PAYMENTS- REMOTE AREA STAFF SCHEME SCHEDULE 25- SUPPORTED WAGE SYSTEM SCHEDULE 26- PAID MATERNITY LEAVE SCHEDULE 27 -SIGNATORIES TO THE AGREEMENT INDEX iv

8 1 APPLICATION AND OPERATION 1.1 Title This document shll e known s the Ctholic Employing Authorities Single Enterprise Collective Agreement- Religious Institute Schools of Queenslnd Commencement dte This Agreement shll operte seven (7) dys fter pprovl from Fir Work Austrli This Agreement shll remin in force until 30 June 2015 unless otherwise greed in terms of the provisions of the Fir Work Act Where this Collective Enterprise Agreement specifies n erlier opertive dte in reltion to prticulr provision, then tht provision shll operte from tht dte for ll pplicle employees employed t tht erlier dte. 1.3 Definitions nd interprettion "Duty" includes ll tsks relted to the eductionl development of students nd tsks concerned with the mintennce of good order nd ehviour. Such tsks include clss nd group teching nd instruction; conducting excursions for instruction in school curriculum during school hours; setting nd correcting ssignments, tests, lortory work, nd exmintion ppers; supervision of tests nd exmintions conducted in connection with the school curriculum; evluting nd ssessing students' work; cre of lortories nd their equipment; compiling mrk registers; compiling sylluses nd work ooks; giving written reports on students' work nd progress; nd supervising students detined for punishment. In the cse of resident techers "duty" lso mens ny supervision or other tsks in connection with the ording estlishment of the prticulr school required of the resident techer the school uthority "Techer" mens nd includes ny employee other thn the hedmster/hedmistress or principt who is ordinrily engged in teching full-time or prt-time on the stff of school. The term lso includes ny techer engged in giving clss instruction in physicl eduction, commercil sujects, home science, griculturl sujects, rt, music, mnul trining sujects or such other sujects pproved y the Queenslnd Studies Authority (QSA). The term lso includes techers who re seconded to the following orgnistions: c d e Brisne Ctholic Eduction; The Ctholic Eduction Offices (Dioceses of Toowoom, Cirns, Townsville, nd Rockhmpton); The Queenslnd Ctholic Eduction Commission; The Assocition of Independent Schools of Queenslnd; nd The Queenslnd Studies Authority "Union" mens the Independent Eduction Union of Austrli - Queenslnd nd Northern Territory Brnch nd/or ny other orgnistion which is registered pursunt to the Fir Work (Registered Orgnistions) Act 2009 nd which is eligile to cover n employee to which this Agreement pplies "Yer of Service" for the purpose of ssessing the slry pyle to techer shll e determined with due regrd to their qulifictions nd yers of service in cpcity equivlent to the prticulr ctegory of techer in school or schools to which this Agreement pplies, in school or schools controlled y Eduction Queenslnd, nd such other teching service s the employing school might recognise. 5

9 1.3.5 "Fixed-term Appointee" is defined s n employee ppointed y the school to ccommodte n identifile short term need "Term-time employee" is n employee, other thn csul, who is engged to work: 38 ordinry hours per week ut less thn 52 weeks per nnum; or Less thn 38 ordinry hours per week nd less thn 52 weeks per nnum. The term-time definition in cluse pplies to ll ctegories of employees covered y this Agreement other thn techers nd nurses. Specific terms nd conditions pplicle to termtime employees re contined in Schedule "Act" mens Fir Work Act "Prty" mens, for the purposes of this Agreement, n employer, n employee or union which is covered y this greement "Immedite fmily" is defined in Section 12 of the Fir Work Act 2009 nd mens, for the purposes of this Agreement: () A spouse (or former spouse), de fcto prtner, child, prent, grndprent, grndchild or siling of the employee; or () A child, prent, grndprent, grndchild or siling of spouse (or former spouse) or de fcto prtner of the employee. 1.4 Coverge This Agreement will cover the following employers in reltion to employees identified in cluses nd 1.4.3: All Hllows' School Limited; Brigidine College lndooroopilly; Down lnds College; lon College Limited; Lourdes Hill College; Mount Alverni College Limited; Mt St Michel's College Limited; Pdu College Limited; St Rit's College Limited; St Ursul's College Limited; St Ursul's College, Toowoom; Sturtholme School; Loreto College Coorproo; Trustees of the Christin Brothers (Queenslnd); Trustees of the Mrist Brothers; Villnov College Limited Any employee of the employers identified in cluse who is covered y the Eductionl Services (Techers) Awrd 2010 nd the Eductionl Services (Schools) Generl Stff Awrd 2010 nd who is employed in school ccredited y the Non-Stte School Accredittion Bord (NSSAB) of Queenslnd or its successor. 6

10 1.4.3 Any employee of the employers identified in cluse who is employed s deputy principl or s n ssistnt in kindergrten or pre-prep which is prt of school ccredited y the NSSAB or its successor nd is under the direction of the school's principl. 1.5 Access to the wrd nd the Ntionl Employment Stndrds The employer will ensure tht copy of this Agreement, nd the NES, re redily ccessile to ll employees. 2 CONSULTATION AND DISPUTE RESOLUTION 2.1 Consulttive rrngements The prties to this Agreement re committed to co-opertion nd consulttion s prt of the climte nd culture of Ctholic Eduction. The prties lso ccept tht ccording to the uthority nd responsiility structure of the college/school, finl decision mking remins the prerogtive of the principl/employing uthority. The principl/employing uthority however, in coming to decisions, is committed to the process of consulttion with employees. Consulttion nd dvice my continue to e fcilitted through existing or revised structures. These my include: c d Regulr meetings of stff, middle mngement nd committees; An executive committee of senior stff; Other committees or groups set up from time to time y the principl for specil purpose; Vrious committees or officers ppointed ccording to government regultion (e.g. Workplce Helth nd Sfety) An Enterprise Brgining Consulttive Committee is lso n importnt element in the consulttive structure within college/school. It provides mechnism to ensure tht ll people ffected hve n opportunity to prticipte in the implementtion nd monitoring of the enterprise greement t the college/school level. Such n rrngement cknowledges the requirement for n tmosphere of mutul trust nd co-opertion The purpose of the School Enterprise Brgining Consulttive Committee is to: c d Provide n environment for greter two-wy communiction etween the Employer nd the employees; Provide dvice on the priorities for the implementtion of the Enterprise Agreement; Provide forum in which employees prticipte in the implementtion of the Enterprise Agreement; Address issues nd provide dvice to the college/school regrding mtters rising from this Agreement The employing uthority shll estlish (or reconstitute) n Enterprise Brgining Consulttive Committee t ech college/school nd shll determine its chrter. An lloction of time for meetings shll e determined y the employing uthority hving regrd to cluse 7.8 of this greement. The Enterprise Brgining Consulttive Committee will reflect the stffing structure of the college/school nd would generlly include: Two (2) persons ppointed y the college/school employing uthority; One (1) union memer elected y the IEUA-QNT college/school chpter; c Three (3) memers, one elected from ech of the following res: teching, school officer nd other services stff. Provided tht there is t lest one representtive from the teching nd support stff. When pproprite, other relevnt personnel my e co-opted for input on specific issues. 7

11 2.2 Consulttion regrding mjor workplce chnge This cluse is to e red in conjunction with cluse 9.8 of this Agreement Where n employer hs mde definite decision to introduce mjor chnges in production, progrm, orgnistion, structure nd/or to introduce new technology tht is likely to hve significnt effects on employees, the employer will notify the employees who my e ffected y the proposed chnges nd their representtive or representtives, if ny Significnt effects include termintion of employment; mjor chnges in the composition, opertion or size of the employer's workforce or in the skills required; the elimintion or diminution of jo opportunities, promotion opportunities or jo tenure; the ltertion of hours of work; the need for retrining or trnsfer of employees to other work or loctions; nd the restructuring of jos. Provided tht where this Agreement mkes provision for ltertion of ny of these mtters n ltertion is deemed not to hve significnt effect The employer will discuss with the employees ffected nd their representtives, if ny, the introduction of the chnges referred to in cluse 2.2.1, the effects the chnges re likely to hve on employees nd mesures to vert or mitigte the dverse effects of such chnges on employees nd will give prompt considertion to mtters rised y the employees nd/or their representtives in reltion to the chnges The discussions must commence s erly s prcticle fter definite decision hs een mde y the employer to mke the chnges referred to in cluse Where n in principle decision is mde y the employing uthority to contrct out work currently eing done y school employee(s), tht decision will e deemed to mjor chnge s encompssed y this cluse. In such circumstnces the employer will consult with the ffected employee(s) nd the relevnt union(s) efore decision on this mtter is finlised. Such consulttion need not occur where contrcting out is for circumstnces such s temporry incresed workflow or stff on leve nd does not result in school employee(s) eing disdvntged. 2.3 Procedures for Preventing nd Settling Disputes The mtters to e delt with in this procedure shll include ll grievnces or disputes etween n employee nd n employer in respect to ny industril mtter nd ll other mtters tht the prties gree on nd re specified herein. Such procedures shll pply to single employee or to ny numer of employees In the event of n employee hving grievnce or dispute the employee shll in the first instnce ttempt to resolve the mtter with the immedite supervisor, who shll respond to such request s soon s resonly prcticle under the circumstnces. Where the dispute concerns lleged ctions of the immedite supervisor the employee/s my ypss this level in the procedure An employee who is prty to the dispute my ppoint representtive for the purposes of the procedures in this cluse If the grievnce or dispute is not resolved under cluse 2.3.1, the employee or the employee's representtive my refer the mtter to the next higher level of mngement for discussion. Such discussion should, if possile, tke plce within 24 hours fter the request y the employee or the employee's representtive If the grievnce involves llegtions of unlwful discrimintion y supervisor the employee my commence the grievnce resolution process y reporting the llegtions to the next level of mngement eyond tht of the supervisor concerned. If there is no level of mngement eyond tht involved in the llegtion the employee my proceed directly to the process outlined t cluse If the grievnce or dispute is still unresolved fter discussions mentioned in cluse 2.3.3, the mtter shll, in the cse of memer of the union, e reported to the relevnt officer of the union nd the senior mngement of the employer or the employer's nominted industril 8

12 representtive. An employee who is not memer of the union my report the grievnce or dispute to senior mngement or the nominted industril representtive. This should occur s soon s it is evident tht discussions under cluse will not result in resolution of the dispute If, fter discussion etween the prties, or their nominees mentioned in cluse 2.3.5, the dispute remins unresolved fter the prties hve genuinely ttempted to chieve settlement thereof, then notifiction of the existence of the dispute is to e given to Fir Work Austrli Fir Work Austrli my del with the dispute in two stges: Fir Work Austrli will first ttempt to resolve the dispute s it considers pproprite, including y medition, concilition, expressing n opinion or mking recommendtion; nd if Fir Work Austrli is unle to resolve the dispute t the first stge, Fir Work Austrli my then: Aritrte the dispute; nd ii Mke determintion tht is inding on the prties. (Note: If Fir Work Austrli ritrtes the dispute, it my lso use the powers tht re ville to it under the Act.) A decision tht Fir Work Austrli mkes when ritrting dispute is decision for the purpose of Division 3 of Prt 5.1 of the Act. Therefore, n ppel my e mde ginst the decision Whilst ll of the ove procedure is eing followed, norml work shll continue except in the cse of genuine sfety issue The sttus quo existing efore the emergence of the grievnce or dispute is to continue whilst the ove procedure is eing followed AII prties to the dispute shll give due considertion to mtters rised or ny suggestion or recommendtion mde y the Fir Work Austrli with view to the prompt settlement of the dispute Discussions t ny stge of the procedure shll not e unresonly delyed y ny prty, suject to cceptnce tht some mtters my e of such complexity or importnce tht it my tke resonle period of time for the pproprite response to e mde. If genuine discussions re unresonly delyed or hindered, it shll e open to ny prty to give notifiction of the dispute in ccordnce with the provisions of the Act So s to remove dout, the prties record tht the reference to disputes or grievnces in respect to ny industril mtter includes disputes or grievnces in reltion to whether the employer hd resonle usiness grounds for refusing request under the Ntionl Employment Stndrds for flexile working rrngements or n ppliction to extend unpid prentl leve. 2.4 Agreement flexiility Notwithstnding ny other provision of this Agreement, n employer nd n individul employee my gree to vry the ppliction of certin terms of this greement to meet the genuine individul needs of the employer nd the individul employee. The terms the employer nd the individul employee my gree to vry the ppliction of re those concerning: c d e Arrngements for when work is performed; Allownces; Leve loding; Overtime rtes; nd Penlty rtes The employer nd the individul employee must hve genuinely mde the greement without coercion or duress The greement etween the employer nd the individul employee must: 9

13 Be confined to vrition in the ppliction of one or more of the terms listed in cluse 2.4.1; nd Result in the employee eing etter off overll thn the employee would hve een if no individul flexiility greement hd een greed to The greement etween the employer nd the individul employee must lso: c d e Be in writing, nme the prties to the greement nd e signed y the employer nd the individul employee nd, if the employee is under 18 yers of ge, the employee's prent or gurdin; Stte ech term of this greement tht the employer nd the individul employee hve greed to vry; Detil how the ppliction of ech term hs een vried y greement etween the employer nd the individul employee; Detil how the greement results in the individul employee eing etter off overll in reltion to the individul employee's terms nd conditions of employment; nd Stte the dte the greement commences to operte The employer must give the individul employee copy of the greement nd keep the greement s time nd wges record Except s provided in cluse () the greement must not require the pprovl or consent of person other thn the employer nd the individul employee Where n employee or n employer seeks to enter into n greement s provided y this cluse, the inititing prty must provide written proposl. Where the employer initites the proposl nd where the employee's understnding of written English is limited the employer must tke mesures, including trnsltion into n pproprite lnguge nd the opportunity to seek dvice nd ssistnce, to ensure the employee understnds the proposl The greement my e terminted: By the employer or the individul employee giving four weeks' notice of termintion, in writing, to the other prty nd the greement cesing to operte t the end of the notice period; or At ny time, y written greement etween the employer nd the individul employee The right to mke n greement pursunt to this cluse is in ddition to, nd is not intended to otherwise ffect, ny provision for n greement etween n employer nd n individul employee contined in ny other term of this greement. 3 TYPES OF EMPLOYMENT AND TERMINATION OF EMPLOYMENT 3.1 Type of employment Employees under this Agreement will e employed in one of the following ctegories: c d e f Full-time employment; Prt-time employment; Jo shre employment; Csul employment; Fixed-term employment; or Term-time employment 3.2 Prt-time employment- School officers nd services stff A prt-time school officer is n employee who: 10

14 c Is employed for less thn 38 ordinry hours per week on the sis of 52 weeks per nnum; nd Hs resonly predictle hours of work; nd Receives, on pro rt sis, equivlent py nd conditions to those of full-time employees covered y this Agreement At the time of enggement, the employer nd the employee will gree in writing on the numer of ordinry hours per week nd the pttern of work required in ccordnce with cluse 3.4 of this Agreement Any vrition to the work pttern, including the norml strting nd finishing times prescried in cluse of this Agreement, will e in ccordnce with methods of ltering the ordinry hours of work for full-time employees Suject to cluse the greed numer of ordinry hours per week my e vried y mutul greement. Any such greed vrition to the numer of weekly hours of work will e recorded in writing A prt-time employee employed under the provisions of this cluse must e pid for ordinry hours worked t the rte of 1/38th of the weekly rte prescried for the clss of work performed Where pulic holidy flls on dy upon which n employee is normlly employed, tht employee shll e pid the pproprite rte for the numer of hours normlly worked on tht dy Where n employee nd their employer gree in writing, prt-time employment my e converted to full-time, nd vice-vers. If such n employee trnsfers from full-time to prt-time (or vicevers), ll ccrued entitlements shll e mintined. Following trnsfer to prt-time employment ccrul will occur in ccordnce with the provisions relevnt to prt-time employment. 3.3 Csul Employees Csul techers c d e f A csul techer shll e employed on n intermittent sis to relieve techer sent from duty or to meet short term stffing need. A csul techer shll e employed for minimum period of three (3) hours per dy nd mximum period of 11 dys in respect of ny one enggement. There shll e minimum pyment of three (3) hours for ech dy so employed. Csul techers will e pid for the hours they re required to work. Remunertion for csul techer shll e sed on the scle of slries prescried in Schedule 1 (Wges, Slries nd Allownces) to this Agreement nd in ccordnce with the formul contined in cluse 4.6. Csul techers in secondry schools nd will e pid for preprtion nd correction time t the rte of one hour for every five hours of teching time. Csul techers will not receive such pyment in respect of the first two (2) dys of ny one enggement. For the purposes of slry increments csul techer shll e deemed to hve completed yer of service when the ggregte mount of time pid is 1200 hours from 1 Jnury Csul school officers Csul school officers mens n employee engged nd pid s such nd who is employed y the hour for mximum period of 20 working dys on ny one enggement. A csul school officer shll e pid n hourly rte equl to 1/38th of the weekly rte for full-time employee plus 23% with minimum pyment of 2 hours for ech dy's enggement. The 25% csul loding shll pply from 1 Jnury

15 3.4 Contrct of employment -School officers nd services stff Ech employee other thn csul employee shll e dvised in writing t point of enggement nd t other times when vried in ccordnce with this Agreement, the following: The nture of enggement s either full-time or such other ctegory s provided in cluse 3.1. If not full-time, i. The weeks the employee is to e employed, nd ii. The dys of the week the employee is to e employed. c The norml strting nd finishing time for ech dy's employment. d The durtion of the enggement in respect of employment for fixed period. 3.5 Fixed-term contrcts Use of fixed-term contrcts- Techers c d e Fixed-term positions re those identified s meeting n identifile short term need s in (e). Employees whose positions re identified s continuing positions will e ppointed to continuing sttus. It is recognised tht in some exceptionl situtions techer my ccept ppointment to series of fixed-term ppointments for series of identifile short term needs. An employer will employ n employee on fixed-term contrct of employment only where the employee is ppointed to cover n identifile short term need. An identifile short term need could include: i. Specil projects; ii. iii. iv. Proposed closure of school; Short term funding; Filling the position of specified employee who is on nominted leve from the school; v. Filling the position of n employee rising from resigntion, where such position is declred vcnt nd no suitle permnent employee is ville; vi. vii. viii. Accommodting temporry enrolment fluctutions in school resulting from specific short term fctor such s popultion influx during the construction period of n industril development; Providing relese time for senior dministrtion stff in school where the relevnt rrngements vry for specific short term rrngement nd consistent with cluse (f); nd Employing prt-time techer to ddress clss size issues nd/or enhnce curriculum offerings on short-term sis. f g h Prt-time techers, specilist techers, grdute techers nd those providing relese for senior dministrtion will not s mtter of course e employed on fixed-term sis. A fixed-term contrct of employment will not e used s protionry period. Where n employer employs n employee on fixed-term contrct, the employer will indicte in the employee's letter of ppointment the identifile short term need which the employee is ppointed to fill. The letter of ppointment will lso contin the terms, conditions nd specific durtion (commencement nd cesstion dtes) of the ppointment. 12

16 Except s provided in cluse (e) (i) fixed-term employee will not e employed for period in excess of twelve {12} months. However, if the identifile short-term need exists fter the twelve {12} month period, further fixed-term ppointment (no longer thn twelve months) my e greed etween the prties. Any greement reched etween n employer nd n employee s prescried y this cluse shll e in writing nd signed y oth prties. i. Where n employer receives short term funding for specific purpose/project nd tht funding covers specified period which is in excess of twelve (12) months then n employee my e ppointed for tht specified period oftime; or ii. iii. Where n employee is provided with period of mternity leve in ccordnce with cluse of this Agreement which is in excess of twelve (12) months then n employee my e ppointed on fixed-term contrct for tht specified period of time; or Where n employee commences on specified period of pproved leve (pid nd/or unpid) which is in excess of twelve (12} months then n employee my e ppointed on fixed-term contrct for tht specified period of time. Conversion from fixed-term to continuing Sttus The employer will provide informtion to ny techer on fixed-term ppointment of the procedures to e followed nd the criteri used if the techer wishes to pply for continuing sttus Use of fixed-term contrcts- School officers Continuity of service i. Fixed-term positions re those identified s meeting short term need s in cluse () (ii). ii. Employees whose positions re identified s continuing positions will e ppointed to continuing sttus. Fixed-term ppointment i. An employer will employ n employee on fixed-term contrct of employment only where the employee is ppointed to cover n identifile short term need. ii. An identifile short term need could include: A B C D E F G Specil projects; Proposed closure of school; Short term funding; Filling the position of specified employee who is on nominted leve from the school; Filling the position of n employee rising from resigntion, where such position is declred vcnt nd no suitle permnent employee is ville; Accommodting temporry enrolment fluctutions in school resulting from specific short term fctor such s popultion influx during the construction period of n industril development; nd Employing prt-time school officer to ddress clss size issues nd/or enhnce curriculum offerings on short-term sis. c Where n employer employs n employee on fixed-term contrct, the employer will indicte in the employee's letter of ppointment the identifile short term need which the employee is ppointed to fill. The letter of ppointment will lso contin the terms, conditions nd specific durtion (commencement nd cesstion dtes) of the ppointment. 13

17 d e f A fixed-term contrct of employment will not e used s protionry period. Except s provided in cluse (f), fixed-term employee will not e employed for period in excess of twelve (12) months. However, if the identifile short-term need exists fter the twelve {12) month period, further fixed-term ppointment (no longer thn twelve {12) months) my e greed etween the prties. Any Agreement reched etween n employer nd n employee s prescried y this cluse shll e in writing nd signed y oth prties. i. Where n employer receives short term funding for specific purpose/project nd tht funding covers specified period which is in excess of twelve {12) months then n employee my e ppointed for tht specified period of time: or ii. iii. Where n employee is provided with period of mternity leve in ccordnce with cluse of this Agreement which is in excess of twelve {12) months then n employee my e ppointed on fixed-term contrct for tht specified period of time; or Where n employee commences on specified period of pproved leve (pid nd/or unpid) which is in excess of twelve (12) months then n employee my e ppointed on fixed-term contrct for tht specified period of time. g The employer will provide informtion to ny school officer on fixed-term ppointment of the procedures to e followed nd the criteri used if the school officer wishes to pply for continuing sttus. 3.6 Termintion of employment Sttement of employment service- Techers The employer shll, in the event of termintion of employment, provide upon request to n employee who hs een terminted written sttement specifying the period of employment nd the clssifiction or type of work performed y the employee Sttement of employment service -Support stff A school officer or services stff memer, upon termintion of the employee's services for ny reson whtsoever, shll e provided y the employer with certificte of employment signed nd dted y the employer contining the following prticulrs: c d e f The full nme nd ddress of the employee; A description of position in which the employee ws engged; The dtes on which the employee commenced nd cesed employment in ech of the positions; The ddress of the workplce t which the employee ws so engged; The clssifiction levels in which the employee hs een employed nd the durtion t ech level since the 27 Ferury 1995; nd Periods of leve without py tken during the period of employment with the employer Termintion y employer- Full-time techers The employer shll give to full-time techer t lest one month's notice in writing of the termintion of their services Employees over 45 yers of ge t the time of the giving of notice, nd with more thn 5 yers' service with the employer, shll e entitled to n dditionl week's notice to tht prescried in cluse 3.6.3(). c Pyment in lieu of notice shll e mde ifthe pproprite notice is not given: 14

18 Provided tht employment my e terminted y prt of the period of notice specified nd prt pyment in lieu thereof. d In clculting ny pyment in lieu of notice the ordinry time rte of py for the employee concerned shll e used. e The period of notice in cluses 3.6.3() nd 3.6.3() shll not pply in the cse of dismissl for misconduct or other grounds tht justify instnt dismissl Termintion y employer- Prt-time techers The employer shll give to prt-time techers the following notice in writing of the termintion of their services. i. Less thn 3 yers' service - 2 weeks' notice ii. iii. More thn 3 yers ut less thn 5 yers- 3 weeks More thn 5 yers- 4 weeks c d e f In ddition to the notice in cluse 3.6.4() employees over 45 yers of ge t the time of the giving of notice nd with not less thn 2 yers continuous service, shll e entitled to n dditionl week's notice. Pyment in lieu of notice shll e mde if the pproprite notice is not given: Provided tht employment my e terminted y prt of the period of notice specified nd prt pyment in lieu thereof. In clculting ny pyment in lieu of notice the ordinry time rte of py for the employee concerned shll e used. The period of notice in cluse 3.6.4() shll not pply in the cse of dismissl for misconduct or other grounds tht justify instnt dismissl, or in the cse of csul employees Termintion y employer- Support stff The employer will give to school officer or services stff memer, other thn csul employee, notice in writing of the termintion of employment s follows: If the employee's continuous service is: i. ii. iii. Not more thn 3 yers More thn 3 yers ut not more thn 5 yers More thn 5 yers 2 weeks 3 weeks 4 weeks c The notice required y cluse 3.6.5() will e incresed y one week if the employee: i. Is over 45 yers old; nd ii. Hs completed t lest 2 yers of continuous service with the employer. d Where the employer does not give the pproprite notice pyment in lieu of notice will e mde to the employee Notice of termintion y employee c The notice of termintion required to e given y techer employee shll e the sme s tht required of n employer. Provided tht there shll e no dditionl notice sed on the ge ofthe employee concerned. A school officer or services stff memer, other thn csul employee, will give to the employer 2 weeks' notice in writing of intention to resign from the position. If n employee fils to give notice the employer shll hve the right to withhold monies due to the employee with mximum mount equl to the ordinry time rte for the period of 15

19 notice. Provided tht employment my e terminted y prt of the period of notice specified nd prt withholding of wges in lieu thereof Termintion pyments 3.7 Redundncy A termintion pyment to n employee shll e pid through n employee's existing nking rrngements y no lter thn the dte ofthe next full py period fter termintion Consulttion efore termintions c Where n employer decides tht the employer no longer wishes the jo the employee hs een doing to e done y nyone, nd this is not due to the ordinry nd customry turnover of lour, nd tht decision my led to termintion of employment, the employer shll consult the employee directly ffected nd where relevnt, their union or unions. The consulttion shll tke plce s soon s it is prcticle fter the employer hs mde decision, which will invoke the provisions of cluse 3.7.1() nd shll cover the resons for the proposed termintions, mesures to void or minimise the termintions nd/or their dverse effects on the employees concerned. For the purpose of the consulttion the employer shll, s soon s prcticle, provide in writing to the employees concerned nd, where relevnt, their union or unions, ll relevnt informtion out the proposed termintions including the resons for the proposed termintions, the numer nd ctegories of employees likely to e ffected, the numer of workers normlly employed nd the period over which the termintions re likely to e crried out: Provided tht n employer shll not e required to disclose confidentil informtion, the disclosure of which would e dverse to the employer's interests Trnsfer to lower pid duties Where n employee is trnsferred to lower pid duties for resons set out in cluse the employee shll e entitled to the sme period of notice of trnsfer s the employee would hve een entitled to if the employee's employment hd een terminted under cluse 3.6. c The employer my, t the employer's option, mke pyment in lieu thereof of n mount equl to the difference etween the former mounts the employer would hve een lile to py nd the new lower mount the employer is lile to py the employee for the numer of weeks of notice still owing. The mounts must e worked out on the sis of: i. The ordinry working hours to e worked y the employee; nd ii. The mounts pyle to the employee for the hours including for exmple, llownces, lodings nd penlties; nd iii Trnsmission of usiness Any other mounts pyle under the employee's employment contrct. Where usiness is trnsmitted from n employer (trnsmittor) to nother employer (trnsmittee), nd n employee who t the time of such trnsmission ws n employee of the trnsmittor of the usiness, ecomes n employee of the trnsmittee: i. The continuity of the employment of the employee shll e deemed not to hve een roken y reson of such trnsmission; nd ii. The period of employment which the employee hs hd with the trnsmittor or ny prior trnsmittor shll e deemed to e service ofthe employee with the trnsmittee. 16

20 In cluse 3.7.3, uusiness" includes trde, process, usiness or occuption nd includes prt or susidiry (which mens corportion tht would e tken to e susidiry under the Corportions Lw, whether or not the Corportions Lw pplies in the prticulr cse) of 11 ny such usiness nd trnsmission" includes trnsfer, conveynce, ssignment or 11 succession whether y greement or y opertion of lw nd trnsmitted" hs corresponding mening Time off during notice period Where decision hs een mde to terminte n employee in the circumstnces outlined in cluse 3.7.1(), the employee shll e llowed up to one dy's time off without loss of py during ech week of notice for the purpose of seeking other employment. The employer shll, t its discretion, provide, on request dvice nd resonle ssistnce to fcilitte trnsition to new employment opportunities. If the employee hs een llowed pid leve for more thn one dy during the notice period for the purpose of seeking other employment, the employee shll, t the request of the employer, e required to produce proof of ttendnce t n interview or the employee shll not receive pyment for the time sent. For this purpose sttutory declrtion will e sufficient Notice to Centrelink Where decision hs een mde to terminte employees in the circumstnces outlined in cluse 3.7.1, the employer shll notify Centrelink s soon s possile giving ll relevnt informtion out the proposed termintions, including written sttement of the resons for the termintions, the numer nd ctegories of the employees likely to e ffected, the numer of workers normlly employed nd the period over which the termintions re intended to e crried out Severnce py In ddition to the period of notice prescried for ordinry termintion in cluse 3.6, nd suject to further order of Fir Work Austrli, n employee whose employment is terminted for resons set out in cluse 3.7.1(t shll e entitled to the following mounts of severnce py: Period of Continuous Service Severnce Py (weeks' py) Less thn 1 yer Nil 1 yer ut not more thn 2 yers 4 More thn 2 yers ut not more thn 3 yers 6 More thn 3 yers ut not more thn 4 yers 7 More thn 4 yers ut not more thn 5 yers 8 More thn 5 yers ut not more thn 6 yers 10 More thn 6 yers ut not more thn 7 yers 11 More thn 7 yers ut not more thn 8 yers 13 More thn 8 yers ut not more thn 9 yers 14 More thn 9 yers Weeks' Py" mens the ordinry time rte of py for the employee concerned: Provided tht the following mounts re excluded from the clcultion of the ordinry time rte of py: overtime, penlty rtes, disility llownces, shift llownces, specil rtes, fres nd trvelling time llownces, onuses nd ny other ncillry pyments Supernnution enefits An employer my mke n ppliction to the Fir Work Austrli for relief from the oligtion to mke severnce pyments in circumstnces where: 17

21 The employer hs contriuted to supernnution scheme which provides prticulr enefit to n employee in redundncy sitution; nd The prticulr enefit to the employee is over nd ove ny enefit the employee might otin from ny legisltive scheme providing for supernnution enefits (currently the federl Supernnution Gurntee levy) Employee leving during notice An employee whose employment is terminted for resons set out in cluse 3.7.1(), my terminte such employment during the period of notice, nd, if so, shll e entitled to the sme enefits nd pyments under this cluse hd such employee remined with the employer until the expiry of such notice: Provided tht in such circumstnces the employee shll not e entitled to pyment in lieu of notice Alterntive employment An employer, in prticulr cse, my mke ppliction to Fir Work Austrli to hve the generl severnce py prescription mended if the employer otins cceptle lterntive employment for n employee Employees with less thn one yer's service Cluse 3.7 shll not pply to employees with less thn one yer's continuous service nd the generl oligtion on employers should e no more thn to give relevnt employees n indiction of the impending redundncy t the first resonle opportunity, nd to tke such steps s my e resonle to fcilitte the otining y the employees of suitle lterntive employment Employees exempted Cluse 3.7 shll not pply: c Where employment is terminted s consequence of misconduct on the prt of the employee; or To employees engged for specific period or tsk(s); or To csul employees Employers exempted c Suject to n order of Fir Work Austrli, in prticulr redundncy cse, cluse 3.7 shll not pply to n employer including compny or compnies tht employ employees working totl of fewer thn 550 hours on verge per week, excluding overtime, Mondy to Sundy. The 550 hours shll e verged over the previous 12 months. Fir Work Austrli my mend su-cluse () if it is stisfied tht it would operte unfirly in prticulr cse, or in the instnce of contrived rrngements. A "compny" shll e defined s: i. A compny nd the entities it controls; or ii. A compny nd its relted compny or relted compnies; or d A compny where the compny or compnies hs common Director or common Directors or common shreholder or common shreholders with nother compny or compnies Exemption where trnsmission of usiness The provisions of cluse re not pplicle where usiness is trnsmitted from n employer (trnsmittor) to nother employer (trnsmittee), in ny of the following circumstnces: 18

22 i. Where the employee ccepts employment with the trnsmittee which recognises the period of continuous service which the employee hd with the trnsmitter, nd ny prior trnsmitter, to e continuous service of the employee with the trnsmittee; or ii. Where the employee rejects n offer of employment with the trnsmittee: A In which the terms nd conditions re sustntilly similr nd no less fvourle, considered on n overll sis, thn the terms nd conditions pplicle to the employee t the time of cesing employment with the trnsmitter; nd B Which recognises the period of continuous service which the employee hd with the trnsmitter nd ny prior trnsmitter to e continuous service of the employee with the trnsmittee. Fir Work Austrli my mend cluse {)(ii) if it is stisfied tht it would operte unfirly in prticulr cse, or in the instnce of contrived rrngements. 3.8 Timely notifiction of resigntion Employees should give s much notice s possile during school term time. The employing uthority nd IEUA-QNT gree to develop nd promote n greed commentry to inform nd ressure employees regrding: c The opertion of cluse of this Agreement in regrd to vction leve entitlements; The recognition y employing uthorities tht employees will pply for vrious positions, nd tht employing uthorities encourge employees to dvise of their interest in, nd ppliction for, vrious dvertised positions, nd tht such dvice to the employing uthority will not e to the employee's detriment; nd Minimum notice of resigntion in ccordnce with cluse 3.6 of this Agreement. 4 WAGES AND RELATED MATTERS 4.1 Slry nd Allownces -Techers Slries nd llownces c d The slry increses re set out in prgrphs (i) to (iii) elow: A slry increse of 2.7% of the pplicle slry rte shll e pid from the first full py period on or fter 1 July ii A further slry increse of 2.7% of the pplicle slry rte shll e pid from the first full py period on or fter 1 July iii A further slry increse of 2.7% of the pplicle slry rte shll e pid from the first full py period on or fter 1 July Except s provided in cluse 4.1.1{c) elow, the llownces listed in Schedule 1 (Wges, Slries nd Allownces) will receive the sme percentge increses, from the sme dtes of ppliction s detiled in cluse Where n llownce is determined y formul contined in the Agreement tht formul will e pplicle. The llownces for Middle Ledership positions re set out in Schedule 4B of this Agreement, effective from 1 Jnury Increses shll compound over the life ofthe Agreement. e The ctul slries nd llownces for ll clssifictions of techer re set out in Schedule 1 {Wges, Slries nd Allownces). 19

Your duty, however, does not require disclosure of matter:

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