QUEENSLAND INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act s Certification of an agreement

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Caitlin Briggs
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1 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act s Certification of an agreement Mungindi Community Pre-School Early Childhood Education Certified Agreement 2007 (CA/2007/42) DEPUTY PRESIDENT SWAN 26 June 2007 CERTIFICATE This matter coming on for hearing before the Commission on 26 June 2007 the Commission certifies the following written agreement: Mungindi Community Pre-School Early Childhood Education Certified Agreement 2007 (CA/2007/42) [as amended] made between: Mungindi Community Pre-School Inc (ABN ) Queensland Independent Education Union of Employees The agreement was certified by the Commission on 26 June 2007 and shall operate from the date of certification (i.e. 26 June 2007) until its nominal expiry on 2 May By the Commission. D.A. SWAN Deputy President

for hearing before the Commission on 26 June 2007 the Commission certifies the following written agreement: Mungindi Community Pre-School Early Childhood Education Certified Agreement 2007

3 Attachment A QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act s certifying an agreement Mungindi Community Pre-School Inc. AND The Employees of Mungindi Community Pre-School Inc. (No. CA of 20, MUNGINDI COMMUNITY PRE-SCHOOL EARLY CHILDHOOD EDUCATION CERTIFIED AGREEMENT 2007 APPLICATION FOR CERTIFICATION OF AGREEMENT This Agreement, made under the Industrial Relations Act 1999 on 14 June 2007 between the Mungindi Community Pre-School Inc. and the Queensland Independent Education Union of Employees witnesses that the parties mutually agree as follows : TABLOOF CONTENTS TABLE OF CONTENTS Subject Matter Clause No. PART I - APPLICATION AND OPERATION Title 1.1 Arrangement 1.2 Coverage 1.3 Date and period of operation 1.4 Definitions 1.5 PART 2 - COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION Consultation 2.1 Grievance and dispute settling procedure 2.2 Concerns regarding capacity or performance 2.3 PART 3 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS Employment categories 3.1 Part-time employment 3.2 Casual employment 3.3 Replacement employee 3.4 Relief employee 3.5 Termination of employment 3.6 Continuity of service - transfer of calling 3.7 Anti-discrimination 3.8 Incidental and peripheral tasks 3.9

CA of 20, MUNGINDI COMMUNITY PRE-SCHOOL EARLY CHILDHOOD EDUCATION CERTIFIED AGREEMENT 2007 APPLICATION FOR CERTIFICATION OF AGREEMENT This Agreement, made under the Industrial Relations Act 1999 on

5 PART I - APPLICATION AND OPERATION 1.1 Title This Agreement will be known as the Mungindi Community Pre-School Early Childhood Education Certified Agreement Arrangement 1.3 Coverage This Agreement will apply to the Mungindi Community Pre-School, Independent Education Union. its employees and the Queensland 1.4 Date and period of operation This Agreement will take effect from the date of certification and will remain in force until 2 May 2008 and thereafter continue in force until replaced or terminated. Where this agreement provides for a benefit to apply from a date earlier than the date of operation, the employer will apply such benefit from the earlier date to all employees employed at that earlier date. 1.5 Definitions The "Act" means the Industrial Relations Act 1999 as amended or replaced from time to time "Commission" means the Queensland Industrial Relations Commission "Director" means a Teacher In-Charge (Director) who is a Teacher defined by this Award and is required to organise and conduct the programmes and direct staff within the kindergarten or centre and is in charge of the kindergarten or centre. The Director may be required to perform such administrative work that is peripheral and incidental to performing these duties "Exempted Teacher" means an employee who does not hold qualifications accepted by the Board of Teacher Registration for registration as a Teacher in Queensland, however, that person is in charge of a programme in a kindergarten or preschool centre "Kindergarten/Preschool Assistants" means employees who are engaged in assisting in programmes at the centre and are under the direction of either a Teacher, or Exempted Teacher "Teacher" means a person who holds a qualification accepted by the Board of Teacher Registration to teach in Queensland,, or a person who is qualified to teach in the Early Childhood Education field "Union" means the Queensland Independent Education Union of Employees "Working/Calender Year" means the period commencing on I January and finishing on 31 December of the same year and shall be the basis for the calculation of all service increments and leave entitlements,

4 Date and period of operation This Agreement will take effect from the date of certification and will remain in force until 2 May 2008 and thereafter continue in force until replaced or terminated.

15 (ii) As of 1 st October 2007, where an employee makes a contribution of at least 2% to superannuation, the employer will contribute an additional 2% (that is a total contribution of 11%) to the employee's superannuation, and (iii) As of Ist October 2008, where an employee makes a contribution of at least 3% to superannuation, the employer will contribute an additional 3% (that is a total contribution of 12%) to the employee's superannuation. (c) The employer will make superannuation contributions into the default fund, unless the provisions of close are used Minimum level of earnings Notwithstanding the provisions of clause 4.6.2, the employer will be required to pay superannuation contributions on behalf of any eligible employee in respect of any month during which the employee's ordinary time earnings, as defined, is less than $ Absences from work Contributions shall continue to be paid on behalf of an eligible employee during any absence on paid leave such as annual leave, long service leave, public holidays, sick leave and bereavement leave, but no employer shall be required to pay superannuation contributions on behalf of any eligible employee during any unpaid absences except in the case of absence on workers' compensation Definitions : (a) (b) (c) "Eligible employee" means any employee who has been employed by the employer durin four (4) consecutive weeks and who has worked a minimum of 40 hours during that pe 'od. On completion of the above qualifying period, superannuation contributions shall be made in accordance with clause retrospective to the commencement of that period. "Ordinary time earnings" means the actual ordinary rate of pay the employee receives for the ordinary hours of work performed and includes locality and Directors' allowances. Overtime, holiday penalty rates, laundry, disability allowances, fares and travelling time and other extraneous payments including bonuses and commissions are not included in the calculation of ordinary time earnings. "Default fund" means the Queensland Independent Education and Care Superannuation Trust Cessation of contributions - an employer shall not be required to make any further contributions on behalf of an eligible employee after the end of the day upon which the contract of employment ceases to exist Other contributions An employee may make additional contributions to their superannuation fund, in addition to the contributions identified in clause So as to remove doubt, an employee's contribution to superannuation identified in clause and can be made by way of salary sacrifice in accordance with clause Where an employee so requests, the employer will provide that employee with a Standard Choice Form. The employee may use the Standard Choice Form to elect to have superannuation paid into a fund other than the default fund.

contribution of 12%) to the employee's superannuation. (c) The employer will make superannuation contributions into the default fund, unless the provisions of close 4.6.

CITATION: Early Childhood Education Award - State 2012 Repeal and New Award (A/2010/109) <http://www.qirc.qld.gov.au>

CITATION: Early Childhood Education Award - State 2012 Repeal and New Award (A/2010/109) QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999 - s. 130 -