ENTERPRISE AGREEMENT

Transcription

1 Ea10 With ENTERPRISE AGREEMENT between EMPLOYEES of PHOENIX SOCIETY INCORPORATED and PHOENIX SOCIETY INCORPORATED TITLE This Enterprise Agreement shall be known as PHOENIX ENTERPRISE AGREEMENT 2010

2 INDEX 2 Clause: Title: Page: 1. Table of Contents 2 2. Persons Bound and Underpinnings 3 3. Approval and Operation of Enterprise Agreement 3 4. Definitions 4 5. Terms of Engagement 4 6. Rates of Pay 6 7. Payment of Wages 6 8. Hours of Work 6 9. Annual Leave Parental Leave Rostered Days Off Grievance Procedure Anti-Discrimination Enterprise Development Committee Personal/Carers Leave (PCL) Termination of Employment Introduction of Change Redundancy Overtime Shiftwork Vehicle Allowance Supervisory Responsibility Superannuation Long Service Leave Bereavement Leave Medical Appointments Jury Duty/Community Service Leave First Aid Allowance Training Journey Accident Insurance Salary Sacrifice Arrangements Flexibility Arrangements Wage Rates 32 Wages Schedule 33 Classification Structure 34 Phoenix Society Wage Assessment Procedure for People with Disabilities. 53

3 Clause 2: PERSONS BOUND and UNDERPINNINGS: This Agreement shall be binding on Phoenix Society Incorporated and those employees, other than monthly paid staff, who are employed by Phoenix Society Incorporated. Any person not taking up the option of salary sacrifice, as described in this agreement will not receive wages that are less than the Minimum Standard set by Fair Work Australia for their particular class of work in the relevant Modern Award. Any person taking up the option of salary sacrifice will not receive, as a whole, less remuneration than the Minimum Standard set by Fair Work Australia for their particular class of work in the relevant Modern Award. This Agreement embraces the 10 National Employment Standards (NES) contained in Pt 2-2 of Chapter 2 of the Fair Work Act 2009 and should be read in conjunction with those Standards. Where this Agreement is silent on a particular matter, the NES will apply. Clause 3: APPROVAL AND OPERATION OF ENTERPRISE AGREEMENT: The Agreement shall commence on first pay period on or after 1 July 2010, and remain in force for a period of 3 years from that date. This Agreement covers both able-bodied and disabled staff employed at Phoenix Society Incorporated. As the size of the respective groups is significantly different, the following voting procedures will apply prior to any approval of the Agreement being sought. Each group will vote on the Agreement separately. The majority for BOTH groups must be 75% in favour before the Agreement will proceed for approval. If the results for either group are less than 75% in favour, the matter will return to the Enterprise Development Committee for further negotiation. An employee may at his or her discretion involve an advocate of their choice, as required, to assist them in any process relating to this Agreement or their employment in general.

4 4 Clause 4: DEFINITIONS: 1. Working Days: Working Days are days of work that a person would normally be rostered to work. 2. Annual Common Dates: For the accrual of Annual Leave, 1st December each year. 3. Pay Cycle: A pay cycle is deemed to be from Saturday to Friday of any one (1) week. Two pay cycles make up one single pay period. 4. Spouse includes a de facto, or partner of either sex but does not include a person from whom the employee is legally separated. 5. Society: Society means "Phoenix Society Incorporated". 6. Employee: An employee refers to a person in receipt of payment of wages for hours worked. Clause 5: TERMS of ENGAGEMENT: 5.1 General Terms: a. The contract of hiring of every employee (other than a casual employee) shall, in the absence of an express contract to the contrary, be deemed to be hiring by the fortnight; provided that nothing contained in this Agreement shall remove or diminish the employer's right at common law to dismiss an employee without notice for misconduct or other sufficient cause. An employee who is summarily dismissed for any reason shall be entitled to payment for work in that fortnight only for the time actually worked. This sub-clause (5.1 (a)) is to be read in conjunction with Clause 16, Termination of Employment.

5 5 Clause 5: TERMS of ENGAGEMENT: cont... b. The employer shall inform each employee as to the terms of her/his engagement, and in particular whether she/he is full-time, part-time or casual. c. The employer will provide each employee with a job description or duty statement upon engagement. 5.2 Full-time Employee: A full-time employee shall mean a person engaged on a basis whose ordinary hours of work are thirty-eight (38) hours per week. 5.3 Part-time Employee: a. Part-time employee means a person other than a casual employee who is engaged to work regularly or an average of fifteen (15) ordinary hours or more per week but less than an average of thirtyeight (38) ordinary hours per week. b. A part-time employee shall be paid the hourly rate as defined for the work performed during ordinary working hours and shall be entitled to payment on a pro-rata basis for Annual Leave, Sick Leave and Public Holidays. 5.4 Casual Employee: a. Casual employees, upon engagement, are to be informed in writing that: (i) they are hired by the hour; (ii) subject to sub-clause 5.4 (b) hereof, a casual employee will be paid for actual time worked; (iii) they are not entitled to payment for Public Holidays not worked nor payment for leave of any type (excluding Long Service Leave). They do however have access to unpaid Sick Leave and Family Leave provisions of this agreement. Such leave will be afforded with the same conditions as for full and part time employees but without pay. b. For actual time worked a casual employee shall be paid the hourly rate. This is calculated by taking the rate for the work performed as defined in the Wage Schedule, and dividing by 38 plus 25 percent plus any appropriate loadings.

6 6 Clause 6: RATES of PAY: The minimum rates of pay paid to able bodied employees, shall be in accordance with the Wages Schedule of this Agreement. Employees eligible for the Disability Support Pension or equivalent benefit and employed through our Training and Support Programs will receive an appropriate percentage of the relevant wage as assessed using the Phoenix Wage Assessment Tool. Where special circumstances exist an employee in negotiation with Management may agree to be paid an annual salary which will include payments for all extra allowances. Clause 7: PAYMENT of WAGES: Wages shall be paid fortnightly by Electronic Funds Transfer or Cheque. Payments will be made not more than four (4) working days following the end of a pay period; except where exceptional circumstances exist, i.e. outside of the employer s control. Payment for overtime worked within the pay period must be paid in the pay cycle, except where exceptional circumstances exist, i.e. outside of the employer s control. Clause 8: HOURS of WORK: 8.1 Ordinary Hours: a. The ordinary hours of work for employees other than casual and parttime employees shall be thirty-eight (38) hours per week. Such ordinary hours will normally be worked between the hours of 6.00 am pm. Monday to Friday unless otherwise agreed between the employer and employee as in Clause 8.1 (c). No employee will be required to work longer than eight (8) hours on any one day, other than by agreement as defined in Clause 8.1 (c). b. The ordinary hours of work for a part-time employee may be varied to accommodate the requirements of work after discussions between the employer and the employee but cannot exceed 38. c. The method of working thirty-eight (38) hours per week, the span of hours and when overtime rates will or will not apply needs to be flexible and able to be varied from time to time. If such a requirement occurs it will be negotiated between the employer and the employee prior to any flexible arrangements commencing as outlined in the National Employment Standards.

7 7 Clause 8: HOURS of WORK: cont Any flexible working arrangements which vary the provisions of subclause (a) of 8.1 are to be in accordance with Clause 32 of this Agreement. 8.2 Meal Breaks: a. An employee shall not be required to work for more than five (5) hours without a break for a meal. b. A ½ hour shall be allowed to each employee for a Meal Break within five (5) hours of commencing work each day. No payment will be made for time during this break. A 15 minute paid break will be allowed to each employee during the course of each normal shift of 7.6 hours. 8.3 Transport: Where an employee is required to work such hours that requires them to finish work at a time when usual and reasonable means of transport are not available, the employer shall provide a suitable means of transport for the employee to their place of residence, at the employer's cost. Clause 9: ANNUAL LEAVE: a. Annual Leave shall be allowed to a full-time employee (other than a casual employee as defined). Accrual of Annual Leave shall be at the rate of hours of Annual Leave per hour worked. b. The maximum Annual Leave entitlement per annum as prescribed in sub-clause (a) shall be 152 hours per year which will be accrued on a common accrual date. This equates to 20 days at 7.6 hours. The Annual Leave shall be exclusive of any Public Holiday. c. Proportional Leave on Termination: If after one (1) months continuous service in any qualifying twelve (12) monthly period an employee leaves their employment or their employment is terminated by the employer, the employee shall be paid pro-rata leave up to the date of termination. d. Payment for Period of Annual Leave: Payment for Annual Leave will be made on the following basis. (i) Up to two (2) weeks leave - when normal payday falls. (ii) Greater than two (2) weeks leave - to be paid in full on payday prior to leave commencing.

8 8 Clause 9: ANNUAL LEAVE: cont e. Annual Leave Loading: A loading of 17.5% will be paid on all Annual Leave. Payment of Leave Loading will be made once per year on the first payday in December and will be for the period 1 December to 30 November of each Calendar Year. Pro-rata entitlements will be paid out on termination. f. Leave to be Taken: The Annual Leave provided for by this Clause shall be allowed and shall be taken and except for the purposes of discharging any outstanding rights to Annual Leave on the cessation of employment, payment shall not be made or accepted in lieu of Annual Leave. g. Time of Taking Leave: Fifteen (15) days Annual Leave is generally taken during the Annual Christmas Closedown period. This can be varied by management to enable plants to be closed for full weeks as required. A minimum of four (4) weeks notice of the closedown dates is to be given by Management. Negotiation between employees and Management may vary the method of taking Annual Leave to accommodate the special circumstances of either the employee or the Organisation. Unless exceptional circumstances exist, the dates must be agreed on at least four (4) weeks prior to the Leave being taken. The balance of the previous year's Annual Leave not taken over the Christmas/New Year period is to be cleared in negotiation with the respective Manager prior to the following 30th June unless otherwise arranged. h. Part-time Employees: Part-time employees shall be allowed Annual Leave. Payment and accrual of the Annual Leave shall be calculated proportionately based on the accrual rate in Clause 9 (a).

9 9 Clause 10: PARENTAL LEAVE: Parental leave is provided for in the National Employment Standards, with the following inclusions. 1. Return to Work from Parental Leave: An employee must confirm the employee s intention to return to work by notice in writing to the employer given at least four (4) weeks before the end of the period of parental leave. 2. Personal/Carers Leave (PCL) Accruals: PCL accruals gained by an employee up to the time of the commencement of Parental Leave may be used as paid leave until such leave accruals are exhausted as part of Parental Leave. 3. Child Care: Where an employee is requested by the employer to return early from Parental Leave, the employer will assist with child care expenses for a period that does not exceed the original period of Parental Leave. 4. Accruals: During periods of Maternity, Paternity or Adoption Leave all annual entitlements to Annual Leave, PC Leave and Long Service Leave will cease at the commencement of the Parental Leave and will only re-commence from the date of returning to employment. Clause 11: ROSTERED DAYS OFF: A normal working day will equate to 7.6 hours for all full-time employees. By working an additional.4 hours per working day an employee can bank hours, to be taken as complete days. If a person who accrues RDO hours, works less than 8 hours per on any one day,.4 hours of the actual time worked will be accrued for RDO hours. Employees can at their discretion bank up to 91.2 hours. All accrued RDO Hours must be taken in the financial year (i.e. 1 July - 30 June) they are accrued.

10 10 Clause 11: ROSTERED DAYS OFF: cont... If at the 30 th April of any year an employee has not indicated when they intend to take any outstanding RDO hours to comply with this clause, management can direct the employee to provide notice of this intent within seven (7) days. If this notice is not provided, management can direct the employee when to take these hours without negotiation. The taking of RDO hours must be made in agreement with the individual s respective Manager. A Manager may negotiate collectively with a group of employees to determine suitable options for the taking of Rostered Days Off to suit a particular worksite. Any agreement must be ratified by a majority of no less than 75%. Clause 12: GRIEVANCE PROCEDURE: a. Employees are free to make complaints in the knowledge that they will be dealt with promptly, fairly and without retribution. b. In cases where the complaint is one of sexual harassment or equal opportunity, it will be dealt with as outlined in the Society's Human Resources Policies and Procedures Manual. At any stage during an investigation into such matters the complainant has the right to have an advocate of their choice represent them. An employee wishing to raise a problem which directly affects them shall raise the matter with their immediate Supervisor. The employee has the right to an advocate of their choice present. The Supervisor will take all reasonable steps to reply to the employee as soon as possible. If the reply cannot be given by the end of the next working day, a verbal or written (where necessary) progress report will be given. Failing satisfactory resolution the employee or their advocate will place the matter before the respective Manager. The Manager will take all reasonable steps to reply to the employee as soon as possible. If the reply cannot be given by the end of the next working day, a verbal or written (where necessary) progress report will be given.

11 11 Clause 12: GRIEVANCE PROCEDURE: cont Failing satisfactory resolution the employee or their representative will place the matter before the Disputes Committee for resolution. The matter and all relevant circumstances relating to it shall be fully reviewed and all reasonable steps taken to resolve it. A written reply stating the reasons for the decision shall be given to the employee. If the matter is unable to be resolved within the Disputes Committee the Chief Executive Officer will be the final arbiter. The above procedure is not intended to preclude access by either party to formal dispute resolution, conciliation or arbitration processes available though normal Industrial Relations Processes or otherwise. If the dispute is one relating to this Agreement or the National Employment Standards and cannot be resolved by the above process, then it is to be referred to Fair Work Australia for resolution. The Disputes Committee will consist of the Chief Executive Officer (as non voting Chairperson) the General Manager Human Resources and three other members elected by the EDC. Confidentiality: Members of the Disputes Committee are bound by the Society's Confidentiality Policy in that any information gained through being a member of this Committee must remain confidential with only information agreed on by the Committee being released for general publication. Clause 13: ANTI-DISCRIMINATION: 1. It is the intention of the parties to this Agreement to achieve the principal object of both State and Federal Legislation by doing their best to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin. 2. Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the parties must make every endeavour to ensure that neither the provisions of this Agreement nor their operation are directly or indirectly discriminating in their effects.

12 12 Clause 13: ANTI-DISCRIMINATION: cont 3. Nothing in this clause is to be taken to affect: 3.1 Any different treatment (or treatment having different effects) which is specifically exempted under State or Commonwealth legislation. 3.2 The application of a pro rata wage assessment process for employees with a disability. 3.3 Until considered and determined further by legislation, the payment of different wages for employees who have not reached a particular age An employee or the employer pursuing matter of discrimination in the State or Federal jurisdiction, provided that the matter has been dealt with in the first instance using the Grievance Procedure outlined in the Agreement. Clause 14: ENTERPRISE DEVELOPMENT COMMITTEE: Role of Enterprise Development Committee (EDC): The role of the EDC is to consider issues relevant to the workplace that affects employees and to determine through consultation between employees and management the best method of dealing with such issues. The EDC will, through a process of active consultation, ensure the quality of working life and job security for all employees is maintained and improved in line with the development of the Organisation. In particular, the EDC will be responsible for the development, monitoring, negotiation and resolution of issues associated with the Organisation s Enterprise Agreement. Structure of the EDC: The EDC will consist of representatives of all divisions of Phoenix as well as management. All Divisions, i.e. Torrensville, Gepps Cross, Post Haste, Elizabeth, Whyalla, Administration, Human Resources and Public Relations and Fundraising will elect, by secret ballot, one able bodied staff member to represent their peers on this committee. People with disabilities, other than those employed at Whyalla will be represented by the relevant members of the Employee Representative Committee. This Committee s operation is detailed in the Society s Policy and Procedures Manual. Whyalla will elect a person with a disability in the same manner and at the same time as it elects its able bodied representative.

13 13 Clause 14: ENTERPRISE DEVELOPMENT COMMITTEE: cont Should the Organisation develop additional worksites, additional representatives will be added to the Committee from these sites as necessary. The elections of representatives will be held prior to the commencement of negotiations for an Enterprise Agreement and will remain in place for the life of the Agreement. Management representatives will be the Chief Executive Officer and General Manager Human Resources. The EDC will elect from among the members, a Chairperson, Vice Chairperson and three (3) representatives for the Disputes Committee. These positions will be elected for the life of the Agreement. Secretarial support will be provided by management to the EDC. Each member will have a proxy who will attend on their behalf when they are unavailable. Proxies will be determined by the appointment of the person with the second highest number of votes in a particular area. Where no vote was taken, the particular area will determine the proxy by additional ballot. Meetings: Meetings will be held as determined by the EDC. Meetings may also be held to resolve special issues. These are to be arranged through the Chairperson. Meetings will generally be limited to two (2) hours but may be extended under special circumstances. A quorum will mean 50% of the total number of members, and must include at least one (1) member of management. Minutes of the Meeting will be recorded and distributed to all members of the EDC within five (5) working days. Meetings of the relevant Groups need to be held from time to time during negotiations i.e. Staff without Management and vice versa. These are not formal meetings of the Committee and therefore need not be minuted. Right of Access to Relevant Information: Management and employee representatives have the right of access to all information and documents related to issues being considered by the EDC. If management refuses to supply information because it is commercial in confidence or confidential for other reasons, full reasons must be given and discussed by the EDC

14 14 Clause 14: ENTERPRISE DEVELOPMENT COMMITTEE: cont Decision Making Within the EDC: The EDC will discuss issues and make decisions on recommendations it will make to management. Decisions will be made by consensus. This means that all members must be in substantial agreement. When consensus cannot be reached a suitable dispute settling procedure will apply. Training: Training will be provided to all members of the EDC as required to undertake their roles in a satisfactory manner. Clause 15: PERSONAL/CARERS LEAVE (PCL): Accrual of PCL Entitlement: 1. Entitlement of PCL accrues as follows - (a) for the first year of full time continuous service, entitlement to PCL accrues at the rate of per hour paid; and b) for each later year of full time continuous service, an entitlement of 76 hours PCL accrues on the anniversary date of their commencement of employment. (c) for people who do not work full time subsequent years entitlement will be accrued at the rate of per hour paid. 2. Any PCL taken by the employee is deducted from the employee's PCL Credit. 3. Taking Personal/Carers Leave: 1. An employee who has a PCL credit is entitled to take such leave if the employee is too sick to work. 2. (a) An employee will be allowed to take two (2) single days PCL (at 7.6 hours) per year without an appropriate Doctor's Certificate. Once this allocation is used, all further PCL within that year must be covered by an appropriate Doctor's Certificate or other reasonable evidence, for payment to be made for such Leave. (b) Any absence of two (2) days or more in length must be covered by an appropriate Doctor's Certificate or other reasonable evidence for payment to be made for such Leave.

15 15 Clause 15: PERSONAL/CARERS LEAVE: cont 3. An employee who has a PCL credit, and who is on Annual Leave, is entitled to take PCL instead of Annual Leave if the person is too sick to work for a period of at least three (3) days. 4. An employee is not entitled to take PCL unless - the employee, or person on behalf of the employee, shall prior to am or as far is practical on the day of absence from work, inform the employer, of the inability to attend for duty and state the nature of the injury or illness and expected duration of absence. 5. PCL taken during a period of Annual Leave does not count as Annual Leave. 6. Family Leave: Employees may use PCL Credits to care for members of their immediate family if they become sick. Leave for this purpose is to be taken in accordance with Clause 15.3 (2) (a) and 15.3 (2) (b). Immediate family means; child, including adopted and foster, parent/spouse, parent, grandparent, parent or grandparent in law (and equivalent step relatives). 7. Personal/Carers Leave to be on Full Pay: 1. A full-time employee is entitled to full pay for a period of PCL up to their PCL entitlement. 2. A part-time employee is entitled to pro-rata pay for a period of PCL up to their PCL entitlement. 3. Employees may convert PCL to 1 / 2 pay in the case of hardship or long term illness.

16 16 Clause 16: TERMINATION of EMPLOYMENT: 1. (i) In order to terminate the employment of an employee the employer shall give the employee the following notice: Period of Continuous Service: Period of Notice: Less than 1 year 1 week 1 year and less than 3 years 2 weeks 3 years and less than 5 years 3 weeks 5 years and over 4 weeks (ii) In addition to the notice in sub-paragraph (i) above, employees over forty-five (45) years of age at the time of the giving of notice with not less than two (2) year's continuous service shall be entitled to additional notice of one (1) week. 1. (iii) Payment at the ordinary rate of pay in lieu of the notice prescribed in 1 (i) and/or 1 (ii) must be made if the appropriate notice period is not given. Employment may be terminated by part of the period of notice specified and part payment in lieu. (iv) In calculating any payment in lieu of notice the employer must pay the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had the employee s employment not been terminated. (v) The period of notice in this Clause shall not apply in the case of dismissal for conduct that at common law justifies instant dismissal or in the case of casual employees or employees engaged for a specific period of time or for a specific task or tasks.

17 17 Clause 16: TERMINATION of EMPLOYMENT: cont 2. Notice of Termination by Employee: In order to terminate employment an employee shall give the employer 2 weeks notice in writing: 3. Time Off During Notice Period: Where the employer has given notice of termination to an employee, the employee is entitled to one (1) day's time off without loss of pay for the purposes of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer. 4. Statement of Employment: At the employee s request the employer must provide to an employee whose employment has been terminated a written statement specifying the period of the employee s employment and the classification of or the type work performed by the employee. 5. Payment in Lieu: If an employer makes payments in lieu for all or any of the periods of notice prescribed, then the period for which such payment is made shall be treated as service for the purposes of computing any service related entitlement of the employee arising pursuant to this Agreement. STANDING DOWN of EMPLOYEES: Notwithstanding anything elsewhere contained in this Clause the employer shall have the right to deduct payment for any full day the employee cannot be usefully employed because of any strike or through any break-down in machinery or any stoppage of work by any cause for which the employer cannot be reasonably held responsible.

18 18 Clause 16: TERMINATION of EMPLOYMENT: cont ABANDONMENT of EMPLOYMENT: (i) The absence of an employee from work for a continuous period exceeding three (3) working days without the consent of the employer and without notification to the employer shall be prima facie evidence that the employee has abandoned employment. (ii) Provided that if within a period of fourteen (14) days from their last attendance at work or the date of their last absence in respect of which notification has been given or consent has been granted an employee has not established to the satisfaction of their employer, that they were absent for reasonable cause, the employee shall be deemed to have abandoned their employment. (iii) Termination of employment by abandonment in accordance with this subclause shall operate as from the date of the last attendance at work or the last day's absence in respect of which consent was granted, or the date of the last absence in respect of which notification was given to the employer, whichever is the later. Clause 17: INTRODUCTION of CHANGE: 1. Notification of Intended Changes: (i) Where the employer has made a definite decision to implement changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer shall as soon as practicable notify the employees who may be affected by the proposed changes. (ii) "Significant Effects" include termination of employment; major changes in the composition, operation or size of the employer's workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations and the restructuring of jobs. 2. Consultation with Employees: (i) The employer shall discuss with the EDC, among other things, the introduction of the changes referred to in sub-clause (1)(i) hereof, the effects the changes are likely to have on employees, measures to avert or mitigate the adverse effects of such changes on employees and shall give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.

19 19 Clause 17: INTRODUCTION of CHANGE: cont (ii) The discussions shall commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in sub-clause (1) (i). (iii) For the purposes of such discussions, the employer shall provide in writing all relevant information about the changes including the nature of the changes proposed; the expected effects of the changes on employees and any other matters likely to affect employees provided that any employers shall not be required to disclose confidential information disclosure of which, when looked at objectively, would be against the employer's interests. Clause 18: REDUNDANCY: 1. "Redundancy" in this Clause means the loss of employment due to the employer no longer requiring the job the employee has been doing to be performed by anyone. 2. Discussions Before Terminations: (i) Where an employer has made a definite decision that the employer no longer wishes the job the employees have been doing done by anyone and that decision may lead to termination of employment, the employer shall have discussions as soon as practicable with the EDC. Discussions shall cover, among other things, the reasons for the proposed terminations, measures to avoid or minimise the terminations, and measures to mitigate the adverse effects of any terminations on the employees concerned. (ii) For the purposes of discussion the employer shall as soon as practicable provide in writing all relevant information about the proposed terminations including the reasons for the proposed terminations, the number and categories of employees likely to be affected, and the number of workers normally employed and the period over which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose confidential information the disclosure of which when looked at objectively, would be against the employer s interest.

20 20 Clause 18: REDUNDANCY: cont 3. Period of Notice of Termination on Redundancy: (i) If the services of any employee are to be terminated due to redundancy such employee shall be paid as outlined in this clause, however, if the redundancy is due to the introduction or proposed introduction by the employer of automation or other like technological changes in the industry in relation to which the employer is engaged the employee shall be given not less than three (3) months notice of termination. (ii) Should the employer fail to give notice of termination as required in sub-clause 3 (i) herein the employer shall pay to that employee an amount calculated in accordance with the ordinary rate of pay for a period being the difference between the notice given and that required to be given. The period of notice to be given shall be deemed to be service with the employer for the purposes of the Long Service Leave Act, 1987, as amended. 4. Severance Pay: (i) Employees with less than seven (7) years service will in addition to the periods of notice prescribed for termination in Clause 16 and subclause (3)(i) hereof an employee whose employment is terminated by reason of redundancy shall be entitled to the following amounts of severance pay in respect of a continuous period of service. Period of Continuous Service: Severance Pay: Less than 1 year Nil 1 year and less than 2 years 4 weeks pay 2 years and less than 3 years 6 weeks pay 3 years and less than 4 years 7 weeks pay 4 years and less than 5 years 8 weeks pay 5 years and less than 6 years 10 weeks pay 6 years and less than 7 years 11 weeks pay

21 21 Clause 18: REDUNDANCY: cont Employees with seven (7) years service and over will not be eligible for the provisions of Clause 16 of this Agreement in the case of redundancy as they will be paid a package of two (2) weeks pay per completed year of service up to a maximum of fifty-two (52) weeks that will be deemed to include the provisions of Notice of Termination and Redundancy as outlined in this Agreement. (ii) (iii) (iv) Week s Pay means the ordinary time rate of pay for the employee concerned. The severance payment shall not exceed the amount which the employee should have earned if employment with the employer had proceeded to the employee's normal retirement date. Superannuation benefits will not be limited or offset against severance payments provided by this Agreement. 6. Time Off During Notice Period: (i) During the period of notice of termination given by the employer an employee shall be allowed up to one (1) day's time off without loss of pay during each week of notice for the purpose of seeking other employment. (ii) If the employee has been allowed paid leave for more than one (1) day during the notice period for the purpose of seeking other employment, the employee shall, at the requests of the employer, be required to produce proof of attendance at an interview or he or she shall not receive payment for the time absent. For this purpose a statutory declaration will be sufficient. 7. Alternative Employment: An employer in a particular redundancy case may take application to the Commission to have the severance pay prescription varied if the employer obtains acceptable alternative employment for an employee. 8. Employee Leaving During Notice: An employee whose employment is terminated on account of redundancy may terminate his/her employment during the period of notice and, if so, shall be entitled to the same benefits and payments under this Clause had he/she remained with the employer until the expiry of such notice. In such circumstances the employee shall not be entitled to payment in lieu of notice.

22 22 Clause 18: REDUNDANCY: cont 9. Written Notice: The employer shall, as soon as practicable, but prior to the termination of the employee's employment, give to the employee a written notice containing, among other things, the following: (i) The date and time of the proposed termination of the employee's employment; (ii) Details of the monetary entitlements of the employee upon the termination of his/her employment including the manner and method by which those entitlements have been calculated; (iii) Advice as to the entitlement of the employee to assistance from the employer, including time off without loss of pay in seeking other employment, or arranging training or retraining for future employment; and (iv) Advice as to the entitlements of the employee should he/she terminate his/her employment during the period of notice. 10. Payment in Lieu Treated as Service: If an employer makes payment in lieu for all or any of the period of notice prescribed by sub-clause (3), then the period for which such payment is made shall be treated as service for the purposes of computing any service related entitlements of the employee arising pursuant to this Agreement and shall be deemed to be service with the employer for the purposes of the Long Service Leave Act 1967 as amended. 11. Transfer to Lower Paid Duties: Where an employee whose job has become redundant accepts an offer of alternative work by the employer where the rate of pay is less than the rate of pay for the former position, the employee shall be entitled to the same period of notice of the date of commencement of work in the new position as if his/her employment had been terminated, and the employer may at the employer's option, make payment in lieu thereof of an amount equal to the difference between the former rate of pay and the new lower rate for the number of weeks of notice still owing.

23 23 Clause 18: REDUNDANCY: cont 12. Employees with Less Than One Year of Service: This Clause shall not apply to employees with less than one (1) year's continuous service and the general obligation of employers should be no more than to give relevant employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by the employees of suitable alternative employment. 13. Employees Exempted: This Clause shall not apply where employment is terminated as a consequence of conduct that at common law justifies instant dismissal or in the case of casual employee or employees engaged for a specific period of time or for a specified task or tasks. Clause 19: OVERTIME: 1. Overtime rates shall apply when any employee, whether full-time, part-time or casual, works in excess of eight (8) ordinary hours per day as prescribed by Clause 8. Such overtime shall be paid for at the rate of time and a half for the first two (2) hours and at double time thereafter. 2. Transport After Overtime: Where an employee who has been required to work overtime ceases work at a time when usual and reasonable means of transport are not available the employer shall provide a suitable means of transport for such an employee to their place of residence at the employer's cost.

24 24 Clause 19: OVERTIME: cont 3. Call Out: An employee recalled for duty after his/her normal finishing time shall be paid at overtime rates for a minimum of three (3) hours. Employees under Schedule 2, who are called out for duty after normal Finish Time shall be paid a flat rate or the Grade Rate whichever is the higher for a minimum of three (3) hours. 4. Requirements to Work Reasonable Overtime: There is an expectation that all employees will make themselves available to work a reasonable amount of overtime. When overtime work is necessary it shall, wherever reasonably practicable, be so arranged that employees have at least ten (10) consecutive hours off duty between the work of successive days. An employee who works so much overtime between the termination of his/her ordinary work on one (1) day and the commencement of his/her ordinary work on the next day that he/she has not had at least ten (10) consecutive hours off duty, between those times, shall subject to this subclause, be released after completion of such overtime until he/she has had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. If, on the instructions of his/her employer, such employee resumes or continues work without having had such ten (10) consecutive hours off duty he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten (10) consecutive hours off duty without loss of pay for ordinary working time occurring during such absence. 5. Meals and Meal Allowances: (i) An employee required to work overtime for more than two (2) hours without being notified on the previous day or earlier that they will be so required to work shall either be supplied with a meal by the employer or paid $11.60 per meal. Unless the employer advises an employee on the previous day or earlier that the amount of overtime to be worked will necessitate the

25 25 Clause 19: OVERTIME: cont taking of a second or subsequent meal (as the case may be) the employer shall provide such second and/or subsequent meals or make payment in lieu thereof as above prescribed. (ii) An employee required to work overtime shall be allowed a meal break of twenty minutes (which shall be counted as time worked) to commence not more than five (5) hours from the commencement of work or from the end of the lunch period taken as provided by Clause 8.2 (b). 6. Saturdays: (i) An employee who works overtime on a Saturday prior to 12 Noon shall be paid at the rate of time and one half for the first two (2) hours and double time thereafter. Any overtime worked after 12 Noon on a Saturday shall be paid at the rate of double time. (ii) An employee who works overtime on a Saturday shall be paid at overtime rates for a minimum of three (3) hours. 7. Sundays and Public Holidays: An employee who works overtime on a Sunday or Public Holiday shall be paid at the rate of double-time for a Sunday and double time and a half for a Public Holiday. Employees working on Sundays and Public Holidays must be paid at overtime rates for a minimum of three (3) hours work. 8. Time Off in Lieu of Overtime: (i) If the employer and employee agree (with no coercion) time off may be granted in lieu of payment on a time for time basis. (ii) Time off in lieu accrued under this Clause should be taken on the working day following the extra duty or as soon as practical thereafter; provided that where this is not possible additional time worked may be accumulated up to thirty-eight (38) hours. (iii) Where an employee has accumulated thirty-eight (38) hours the employee by mutual agreement with the employer may take the time off in conjunction with current Annual Leave credits. However, any accumulated hours must be taken before the end of the year.

26 26 Clause 20: SHIFT WORK: Definitions: For the purpose of this Clause: "Afternoon Shift" means any regular shift of 7.6 hours finishing after 6.00 pm and at or before midnight. "Night Shift" means any regular shift of 7.6 hours finishing subsequent to midnight and at or before 8.00 am. "Rostered Shift" means a shift for which the employee concerned has had at least forty-eight (48) hours notice. Rosters: Shift rosters shall specify the commencing and finishing times of ordinary working hours of the respective shifts. The method of working shifts, span of hours etc, often needs to be varied to suit the circumstances of the establishment and Clause 8.1(c) of this Agreement must be considered when negotiating any such variation. Seven days notice of any alteration must be given in writing by the employer. In any case any regular shift of 7.6 hours finishing after 8.30pm will attract Shift Allowance Afternoon or Night Shift Allowance: (i) A shift worker whilst on afternoon shift or night shift shall be paid for such shift 15 percent more than this ordinary rate. (ii) An employee who: a. during a period of engagement on shifts, works night shift only; or b. remains on night shift for a longer period than four (4) consecutive weeks; or c. works on a night shift which does not rotate or alternate with another shift or with day work so as to give at least l / 3 rd of the working time off night shift in each shift cycle shall during such engagement, period or cycle be paid 30 percent more than the ordinary rate for all time worked during ordinary working hours on such night shift. Saturday Shift: The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. Such extra rate shall be in substitution for and not cumulative upon the shift premiums prescribed.

27 27 Clause 21: VEHICLE ALLOWANCE: When an employee is required by an employer to use his/her own motor vehicle in the performance of his/her duties, he/she shall be reimbursed at the rate of 74 cents per kilometre. Use of private vehicles MUST be approved by the relevant Manager BEFORE such allowance is paid. Clause 22: SUPERVISORY RESPONSIBILITY: No person will be required to supervise another person who is classified at the same or higher level than the supervising person. Clause 23: SUPERANNUATION: 1. Definitions - "Funds" shall mean Any Fund selected by a Staff member or Phoenix Society Incorporated Staff Superannuation Fund as the default Fund. Phoenix Society Incorporated Employees Retirement Savings Fund for employees with disabilities. "Ordinary Time Earnings" shall mean the wages received by an employee for work performed in ordinary hours and shall include allowances and over award payments but shall not include any bonuses, commission, payment for overtime or other extraordinary payment, remuneration or allowance. "Regular Employee" shall mean a full-time employee, a part-time employee or a casual employee who is employed on a regular basis for not less than an average of eight (8) hours per week or in the case of junior employees not less than 12 1 / 2 hours per week. 2. Eligibility of Employee: (i) All full time and part time employees shall within 6 weeks of their commencement of employment at Phoenix Society advise the employer of their choice of Fund. If no choice is made within this time they will be enrolled in the Phoenix Society Incorporated Staff Superannuation Fund. (ii) All casual employees shall on commencement of employment at Phoenix Society be enrolled in membership of an appropriate Fund of the Employers choice. Where a casual employee becomes a full or part time employee their membership shall transfer to the appropriate fund in accordance with 2(i) from the date of change in their employment status.

28 28 Clause 23: SUPERANNUATION: cont 3. Conditions: (i) The employer will contribute to the fund, the employee s entitlement, from the date of the employee s commencement of employment with the Society until such time that the employees employment ceases with Phoenix Society Incorporated. (ii) The contribution made by the employer shall be a percentage of the ordinary time earnings for each completed week as detailed in the Superannuation Guarantee Legislation. (iv) A pro-rata deduction shall be made from the contribution payable for each period of unpaid leave of at least one day's duration. (v) Employees with a disability will have $6.00 per week, or if their earnings exceed the minimum monthly earnings required under the Superannuation Guarantee Legislation, a percentage of the ordinary time earnings for each completed week as detailed in the Legislation, paid into the Phoenix Society Incorporated Employee Retirement Savings Fund by the employer. Clause 24: LONG SERVICE LEAVE: Conditions for Long Service Leave will be in accordance with the SA Long Service Leave Act. Long Service Leave should be taken as soon as possible of it falling due. Where Long Service Leave has not been taken within two (2) years of it becoming entitled to the employee, Management can, provided that three (3) months notice is given, direct that the employee take all or a part of the entitlement forthwith. Clause 25: COMPASSIONATE LEAVE: A full-time or part-time employee shall, on the death of a spouse, father, mother, father-in-law, mother-in-law, brother, sister, child, grandparent or grandchild (including equivalent step relatives) be entitled to leave with pay of up to two (2) days. Proof of death is to be furnished by the employee to the satisfaction of the employer. Casual Employees will have access to compassionate leave as set out in this Clause but it will be unpaid. For employees with a disability, this Clause is extended to include formally appointed advocate, or close and important friend. The payment of such Leave will not exceed the number of ordinary hours per day that the employee would normally work. This Clause will not apply if an employee is currently on Leave for any other purpose.

29 29 Clause 26: MEDICAL APPOINTMENTS: This Clause applies only to employees with disabilities. Leave without loss of pay may be granted for necessary medical and ancillary appointments subject to the following: 1. That appointments are unable to be made outside ordinary working hours. 2. That at least twenty-four (24) hours notice is given to the work area. 3. That verification by Certificate, letter or other appropriate means is provided. 4. The employee attends work on the day of the appointment prior to or following the appointment. This provision recognises people with disabilities may require more than the normally accepted access to medical and ancillary appointments. Leave under these circumstances will generally be limited to appointments relating to a person's disability. Clause 27: JURY DUTY/ COMMUNITY SERVICE LEAVE: An employee required to attend for jury service during ordinary working hours shall be reimbursed by the employer an amount equal to the difference between the amount paid in respect of the attendance for such jury service and the amount of wage the employee would have received in respect of the ordinary time the employee would have worked had the employee not been on jury service. An employee shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service. Further, the employee shall give the employer proof of such attendance, the duration of such attendance and the amount received in respect of such jury service. The Society will grant reasonable leave to employees who are members of recognised Emergency Services Organisations to attend emergency incidents. Whilst there is no liability for such leave to be paid, the Society will determine on a case by case basis whether such leave is to be paid or unpaid. An employee must notify their Manager if they become members of such an organisation, and this information will then be sent to the Human Resources Department for inclusion on the person s file. An employee whose attendance is required at such an incident must give the employer notice of the absence as soon as practical (which may be a time after the absence has started).