QUEENSLAND INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act s certification of an agreement CA Matter No.

Transcription

1 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act s certification of an agreement The Salvation Army Aged and Community Services Certified Agreement Matter No. CA Commissioner Fisher 21 December 2006 CERTIFICATE This matter coming on for hearing before the Commission on 19 December 2006 the Commission certifies the following written agreement : The Salvation Army Aged and Community Services Certified Agreement - CA/2006/296 [as amended]. Made between : Salvation Army, Australian Eastern Territory, Social Work ABN: ; Liquor Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees ; and The Australian Workers' Union of Employees, Queensland. The agreement was certified by the Commission on 19 December 2006 and shall operate from 19 December 2006 until its nominal expiry on 1 September 2008.

2 QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act 1999, s.156 The Salvation Army Australia Eastern Territory Social Work (TSAAETSW) ABN: 'M The Australian Workers' Union of Employees, Queensland This agreement replaces CA23 of PART 1- APPLICATION AND OPERATION 1.1 Title 1.2 Arrangement PART 2 - DISPUTE RESOLUTION 2.1 Grievance Policy and Procedures Liquor, Hospitality and Miscellaneous Union, Queensland Branch Union of Employees (No. CA296 of 2006) THE SALVATION ARMY AGED AND COMMUNITY SERVICES CERTIFIED AGREEMENT APPLICATION FOR CERTIFICATION OF AGREEMENT This agreement made in pursuance of the Industrial Relations Act 1999, on the 21/11/06 between The Salvation Army Australia Eastern Territory Social Work (TSAAETSW), The Australian Workers Union of Employees, Queensland, and The Liquor, Hospitality and Miscellaneous Union, Queensland Branch, Union of Employees witness that it is hereby mutually agreed - This agreement shall be known as The Salvation Army Aged and Community Services Certified Agreement. 1.1 Title 1.2 Arrangement 1.3 Application of Agreement 1.4 Relationship to Parent Awards 1.5 Date of Operation 1.6 Renewal or Replacement of Agreement 1.7 Purpose of this Agreement 1.8 Consultation 1.9 Commitment to Improving Productivity and Workplace Reform 1.10 Management of Costs, Supplies and Utilities and Other Relevant Costs 1.11 Organisational Effectiveness 1.12 Definitions 1.13 No Extra Claims 1.14 Union Encouragement

3 PART 3 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 3.1 Employees Duties 3.2 Employment Categories 3.3 Introduction of Changes, Teimination of Employment in Cases of Redundancy 3.4 Voluntary Redundancy 3.5 Relocation to new sites. 3.6 Contract of Employment 3.7 Payment of Wages 3.8 Stand Downs 3.9 Anti-Discrimination 3.10 Anti- Bullying PART 4 - WAGES AND WAGE RELATED MATTERS 4.1 Wage Increases 4.2 Wages 4.3 General Ruling and Statement of Policy 4.4 Salary Packaging 4.5 Income Protection Insurance 4.6 Divisional and District Parities 4.7 Occupational Superannuation 4.8 Allowances PART 5 - HOURS OF WORK, BREAKS, OVERTIME AND SHIFT WORK 5.1 Hours of Work 5.2 Overtime 5.3 Rest Pauses PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 6.1 Annual Leave 6.2 Sick Leave 6.3 Family Leave 6.4 Bereavement Leave 6.5 Long Service Leave 6.6 Statutory Holidays 6.7 Jury Service PART 7 - MISCELLANEOUS PROVISIONS 7.1 Posting of Agreement 7.2 Time and Wages Records 7.3 Higher Duties 7.4 Junior Rates 7.5 Industrial Relations Training 7.6 Workplace, Health and Safety 7.7 Professional Indemnity Insurance 7.8 Job Security clause / No contracting-out 7.9 Workloads Management 7.10 Local Flexibility 7.11 Training APPENDIX A APPENDIX B APPENDIX C

4 1.3 Application of Agreement This agreement shall apply to all employees of The Salvation Army Australia Eastern Territory Social Work ABN : and The Australian Workers' Union of Employees, Queensland and Liquor, Hospitality and Miscellaneous Union, Queensland Branch Union of Employees, who, in the absence of this agreement, would be covered by the awards listed in clause 1.4 of this agreement This certified agreement shall replace Certified Agreement No CA23 of This agreement shall not apply to - (a) Persons who are in holy orders ; (b) Volunteers. 1.4 Relationship to Parent Awards The terms and conditions of the following awards, gazetted and in force as at the date of operation of this agreement shall continue to apply for the duration of the agreement provided that where there is any inconsistency this agreement will take precedence to the extent of that inconsistency. Private Hospital and Nursing Homes Industry Award - State ; and Diversional Therapy AWU Industrial Agreement; Physiotherapists' Award - State Award for Accommodation and Care Services Employees in Homes for Aged Persons State (South Eastern District) ; and Award for Accommodation and Care Services Employees in Homes for Aged Persons State (Excluding the South Eastern District). 1.5 Date of Operation This Agreement shall come into operation from the date of certification of the Agreement and shall remain in force until 1 September Renewal or Replacement of Agreement The parties to this Agreement agree that discussion shall commence in relation to a new agreement to replace this agreement no later than three (3) months prior to the date of expiry of this agreement. 1.7 Purpose of this Agreement (a) (b) Commitment of Quality Care - the parties to this agreement are committed to the highest quality of care and services, which provides for a holistic approach with continuity of care. Guided by Residential Aged Care Accreditation Standards and the Australian Council on Healthcare Standards, and other accredited bodies, and other quality standards. Residential facilities and their workforce commit to continual improvement in striving to achieve best practice in all aspects of operational and service delivery thus striving for more effective and efficient work practices which will improve the quality of care of residents and ; Through this agreement, the parties commit to developing and implementing strategies that are designed to recognise and achieve productivity and efficiency improvements in the workforce, and to enhance job satisfaction, career pathway, Job security and remuneration, while aiming to provide the highest quality of service and support, which will maximise each resident's quality of life. (d) The parties to this agreement will collectively strive to achieve quality operational outcomes.

5 1.8 Consultation Management and employees are committed to improved and effective consultation, in the who kmm". The parties agree that effective consultation is dependent upon : Objectives the setting of clear goals ; information sharing; facilities and training for committee representatives ; commitment from both sides; equitable representation ; Management and employees agree to establish a consultative committee to facilitate the achievement of the following objectives - (a) To provide a forum for consultation and discussion with a view to reaching amicable agreement on matters relating to the employment of aged care staff. (b) To facilitate the exchange of information. (c) To recommend strategies to enable quality standards to be met. (d) To recommend strategies to support ongoing improvement to the industrial relations environment. (e) To achieve improved workplace communication. (f) To improve the general understanding of management and employee issues. (g) To conduct a skills audit of existing staff Composition & Structure (a) The Committee shall comprise of. Manager & Management representatives from Hostel and Nursing Home; Union delegates from each Union; Union Organisers (where necessary) ; THQ and DHQ representatives (where necessary) ; Non-Union representatives from Hostel and Nursing Home. The Committee, once formed, shall elect an initial Chairperson and Secretary from those on the Committee. The position of Chairperson shall rotate (on a twelve (12) monthly basis) alternating between management and employee representatives. Furthermore, all Committee persons except the Secretary shall in succession accept the position of Chairperson. Membership of the Committee will be reviewed each twelve (12) months at which the members may be replaced or re-endorsed for a further period of twelve months. (d) (e) (f) Management representatives shall be appointed from time to time. The Committee may invite specialist consultants to attend meetings as so agreed. The Committee may establish working parties as necessary in order to carry out specific tasks. Members of Working parties need not be members of the Consultative Committee Reporting requirements and feedback The Minutes of each Committee meeting must be made available to committee members within seven (7) days from the date of the meeting. These Minutes, excluding confidential matters, will also be displayed on noticeboards, within each Staff Room.

6 1.9 Commitment to Improving Productivity and Workplace Reform The parties to this agreement are committed to the need to continually develop labour versanttry, re='tyrgamse work and management processes, to improve the efficiency and productivity, whilst enhancing the job satisfaction and employment security of the employees This commitment will occasion individual employees performing duties incidental and peripheral to the primary functions of the job and is necessary to facilitate and enhance the concept of self-directed work teams. Work structures will, where appropriate, reflect a multi-skilling model to enable whole tasks to be completed Management of Costs, Supplies and Utilities and Other Relevant Costs The parties to this agreement are committed to reducing the cost of supplies and utilities and other relevant costs Issues relevant to waste, energy and consumable usage maybe considered by the employer with the objective of reducing usage, unless separate initiatives require otherwise Organisational Effectiveness Employees, Management and the relevant Unions may from time to time through consultation discuss items that will assist with the stability and effectiveness of the facility Definitions Definitions "Aged Care Facility" shall mean any house, apartment or premises, licensed or unlicensed which is used or intended to be used for the reception, care and treatment of persons who on account of age, infirmity, chronic ill health or the effects of illness from which they are convalescent, require support and care and/or supervision. Aged Care Facility also incorporates short and long-term respite, and day respite. "Business Day" shall be defined as within the Commonwealth Aged Care Act "Continuous Shift Work" shall mean work done by an employee where the hours of work are regularly rotated through day, evening and night shifts covering a 24 hours per day operation over seven days of the week and 52 weeks of the year. "Other Shift Work" shall mean ordinary work that is rostered for afternoon and / or evening shifts over a period of seven days per week but is not continuous shift as defined. 'Accrued day off' shall mean the day (meaning a 24 hour beak) an employee is not rostered for work as a result of the implementation of the 38 hours week. "Community" shall mean any private residence where employees are required to deliver services. "Workplace" shall mean the facilities from which the day-to-day activities of the employee are coordinated which encompasses the coordination of work in both aged care and community setting. "Unions" shall mean The Liquor Hospitality and Miscellaneous Union, Queensland Branch and The Australian Workers Union of Employees, Queensland. "The Salvation Army" The Salvation Army was inaugurated in Queensland by The Salvation Army Act of the Queensland Parliament of In terms of that legislation, The Salvation Army Australia Eastern Territory Social Work was constituted as the legal entity of the church and all legal documentation must be signed by the duly authorised officers on behalf of tha Salvation Arnry Australia Eastern Territory Social Work.

7 Classification Structure Definitions Aged Care and Community Support Worker Level l Pay point 1 Relativity 85% The level applies to an employee appointed on probation who has no experience or qualifications in any functions / activities associated with employment in the Aged Care / Community Industry and undertakes accredited training in basic workplace practices and procedures (e.g. workplace health and safety, conditions of employment matters, work and document procedures, and quality control/assurance). 'An employee at this level perform routine duties to the level of their training in the aged care industry which are simple repetitive tasks are generally of a manual nature. The employee would exercise minimal judgment and be working under direct supervision. An employee' remains at this level until the employee has worked full time for six months and reaches competency in tasks required for Level 2. Indicative tasks/skills at this level may include those described at Level 2 or providing assistance to employees performing those tasks. Aged Care and Community Support Worker Level 2 Pay point 1 Relativity 87.5% Pay point 2 Relativity 91 Pay point 3 Relativity 94.5% Pay point 4 Relativity 96% Where in employee is appointed at level 2 or has had six month continued employment at Level 1. An employee at this level within the limits of their training and experience may work independently under limited supervision or as a member of a team. Tasks performed may require some theoretical knowledge and motor skills and workplace communication skills. An employee at this level performs above and beyond the skills of Level 1, An employee at this level may be receiving on or off the job training or have received training. Movement to pay point 4 is dependent upon the employee acquiring Certificate II qualifications. Upon attaining Certificate II qualifications, an employee at this Level will progress to the next paypoint, dependent upon the employee producing the appropriate certificate. Indicative tasks / skills of this level in addition to Level 1 may include but are not limited to the following. Tasks can range across the specific categories and at this level, an employee has knowledge of health and safety in relation to tasks performed : (1) Domestic (a) setting and / or wiping down tables, removing food plates, emptying ashtrays picking up glasses, (b) receiving, handling, storing and distributing goods, including pantry items and linen ; (c) general cleaning duties; (d) laundry and/or linen duties which may include minor repairs to linen or clothing such as buttons, zips, seams, and working with flat materials; (e) the collection and / or delivery of guests personal dry-cleaning and laundry, linen and associated materials to and from accommodation areas ; (t) assisting in dry-cleaning processes ; (g) servicing accommodation areas and cleaning thereof, (h) tray service to clients' rooms ; (i) operate mobile lifting equipment and performing general maintenance on such equipment ; (1) cleaning duties using specialised equipment and chemicals

8 (2) Cooking / Kitchen (a) preparing and/or cooking a limited range of basic food items such as breakfast, grill snacks, preparing salads, and preparing meals in a community setting ; (b) assisting employees who are cooking; (c) assembly and preparation of ingredients for cooking ; (d) cleaning, tidying and general assistant of kitchen food preparation, customer service areas, including the cleaning of equipment, crockery and general utensils; (e) providing butler service, basic food and beverage services with personalised guests services (3) Diversional Therapy (a) assists clients and the program organisers in group and individual general programs; (b) identifies client's basic needs and display tactile awareness ; (c) (d) assists program organisers in running general diversional therapy programs identify and assist clients with basic needs to participate in both group and individual general diversional therapy programs (e) correctly set up equipment and venue for diversional therapy programs (f) conduct general diversional therapy programs for groups and individuals; (g) identify and cater for client's diversional therapy needs in relation to their disability interests and social history (h) undertake office duties and public contact in relation to diversional therapy programs (4) General (a) general receipting of money (b) basic keyboard skills (c) security duties ; (d) driving a passenger vehicle or courtesy bus ; ~e) performing activities with clients ; "handyperson" shall mean a person who is not a tradesperson and whose duties include the performance of routine repair work and maintenance in and about the employer's and/or clients premises and other general duties such as pool, garden etc ; (g) general ground duties including the use of specialised equipment and fertilisers. Q~4 Personal Care (a) "personal carer" at this level shall mean one who is not qualified and who undertakes, with limited supervision, a range of the above duties that assist in the care of a client or resident. Pay point 1 Relativity 96"/" Pay point 2 Relativity 98% providing general assistance to employees of a higher grade but not exceeding cooking as identified in section (2)(a) and by performing simple repetitive tasks to clients ; works under continuous supervision while assisting clients with participation in programs. Aged Care and Community Support Worker Level 3 Where an employee is appointed at Level 3 and is undertaking training or has the required skills in the field to enable the duties of the position to be carried out. An employee at this level performs above and beyond the skills of Level 2. An employee at this level may work independently but under limited supervision and perform tasks, which require applied theoretical knowledge, and motor skills and functional workplace verbal and written communication skills. The employee could be responsible for the completion of the whole tasks within the prescribed standards.

9 Indicative tasks / skills of this level may include but not limited to : (i) undertaking general cooking duties including a la carte baking, pastry cooking; (ii) undertaking general waiting duties of both food and beverages including cleaning of kitchen equipment; (iii) providing butler services; basic food and beverage service with personalised client / patient services ; (iv) major repair in linen and/ or clothing including basic tailoring and major alterations and refitting; (v) dry cleaning ; (vii) "personal carer" shall mean a person who is not a nurse who may be multi-skilled and undertakes a range of duties that assist in the care of a client or resident but does not hold a Level 3 certificate. (viii) "handyperson" shall mean a person who is not a tradesperson and whose duties include the performance of repair work which requires some prior experience and be trade related, although trade qualifications are not required at this level; (ix) assisting in the training coordination and supervision of employees of lower grades ; (x) receiving storing and distributing goods ; (xi) has knowledge of health and safety in relation to tasks performed. (xii) has knowledge of the principles of continuous improvement. Aged Care and Community Support Worker Level 4 Pay point 1 Relativity 100% Pay point 2 Relativity 102.5% Pay point 3 Relativity 105% Where an employee is appointed at Level 4 and has the required skills and in the field to enable the duties of the position to be carried out. The employee has formal qualification equivalent to a Level III Certificate or appropriate trade certificate or tradespersons rights certificate. The employee at level 4 would undertake duties of a higher level than level 3 and be responsible for the supervision of lower level staff including being responsible for the quality and productivity of their work and others. The employee within the limits their training and experience would be expected to work from complex instructions and procedures ; co-ordinate work in a team environment or work individually with only general supervision. The employee has knowledge of health and safety in relation to tasks performed at this level: Level 4 shall mean an employee who is primarily engaged in one or more of the following : (a) solely responsible for other cooks and other kitchen employees in a single kitchen establishment where no other trade qualified cooks are employed : supervising, training and coordinating food and beverage staff including maintenance of service and operational standards, preparation of reports and staff restoring; general or specialised cooking duties including the training and supervision of other cooks and kitchen staff and relieving other employees on their rostered days ofd annual leave and other leave, (d) supervising training and coordinating the work of employees engaged in the housekeeping area; (e) performs trade skills and knowledge within their trade certificate or tradesperson rights certificate. (e) personal care worker with Certificate Ill. (f) Diversional Therapy duties such - (i) assist in planning general diversional therapy program for groups and individuals ; (ii) coordinate and organise individual activities for groups and individuals (iii) collates data with a view to identifying and responding to clients' individual needs ; (iv) execute part of the diversional therapy program and complete documentation to meet workplace requirements.

10 Aged Care and Community Support Worker Level 5 Pay point I Relativity 107.5% Pay point 2 Relativity 110% Where an employee is appointed at Level 5 and has the required skills, competence and appropriate experience in the field to carry out the duties of the position. The employee has formal equivalent to a Level 1V Certificate. The employee at Level 5 would undertake duties of a higher level than level 4 and would be responsible and accountable for the quality and productivity of their work and lower level employees ; work without supervision and understand the employers operation. The employee may undertake specialised work in diversional therapy and provide professional care for clients. The employee has knowledge of health and safety in relation to tasks performed at this level: Level 5 shall mean an employee who is primarily engaged in one or more of the following : (a) understands and applies quality control techniques to the point of being accountable and responsible for output and/or work area, (b) works from complex instructions and procedures ; (c) plans training and assists in the provision of training and support; (d) exercises high level of communications and analytical skills ; (e) M chief cook; Diversional Therapy; (i) (n) (iii) (iv) plans general diversional therapy program for groups and individuals; ensure the maintenance of documentation as required by legislation organise volunteer program, provide training for and facilitate meeting and support groups; maintain budget records Aged Care and Community Support Worker Level 6 Pay point 1 Relativity 112.5% Pay point 2 Relativity 115% Pay point 3 Where an employee is appointed at Level 6 and has the required skills, competence and appropriate experience in the field to carry out the duties of the position. The employee has formal qualifications equivalent to a Level IV Certificate. The employee at Level 6 would undertake duties of a higher level than level 5 and would be accountable and responsible for workplace output and understands the employer's entire operation. The employee may have recognised specialist qualifications at Certificate III or IV in any area of dementia, neurological disorders, intellectual impairment, music, arts, massage or other qualification related to the work of diversional therapy. The employee has knowledge of health and safety in relation to tasks performed at this level: Level 6 shall mean an employee who is primarily engaged on one or more of the following : (a) oversee development and review program area (b) (c) plan, develop and implement workplace documentation ; identify and cater for complex needs of clients, volunteers and other employees; (d) plan, develop and coordinate program area (e) Diversional Therapy

11 . (i) oversee, develop and review diversional therapy program and outcomes ; (ii) plan, develop and implement workplace documentation; (iii) identify and cater for complex needs of clients, volunteers and other employees (iv) plan develop and coordinate volunteer participation programs, volunteer training programs and volunteer support systems. (v) develop and conduct diversional therapy programs in specific areas like music therapy, massage therapy and an therapy; (vi) develop and conduct diversional therapy programs in specific disability areas like dementia, neurological disorders, intellectual impairment etc. Level 6 pay point 3 will be paid to a Diversional Therapist with a diploma if their job description requires this qualification Aged Care and Community Support Worker Level 7 Pay point 1 Pay point 2 Pay point 3 Pay point 4 Pay point 5 Pay point 6 Positions at this level consist of employees with a minimum of an under graduate degree qualification. Mandatory qualifications exist for entry to this level with an expectation of the application of professional knowledge gained through formal studies. Positions at this level involve the delivery of basic professional services, which are in support of The Salvation Army objectives. Work is initially performed with professional support by a more experienced professional, however, this support is expected to reduce as experience increases. It would be expected that employees at this level seek professional guidance as necessary. Where this is not available within the organisation, the employee may seek to negotiate with the employer, financial support and time to obtain such guidance from outside the organisation. The solution of problems may require the exercise of professional judgement through the selection and application of procedures, methods and standards, and be supported by guidance from experienced professionals. Employees at this level may operate individually or as a member of a multi-disciplinary team within a work area. Positions at this level generally have no supervisory responsibilities although more experienced may assist new employees by providing guidance and advice. Additionally, knowledge or relevant basic practices and procedures is required. (Professional judgement may be exercised within prescribed areas). Guidance would be sought for specialised areas. Employees shall have obtained professional knowledge as indicated by successful completion of the appropriate three-year undergraduate degree or diploma and be able to apply theoretical aspects of physiotherapy to standard procedures or as a contribution to broader assignments. Duties and Skills Positions at this level may involve an employee in a range of activities including the analysis and interpretation of findings as they relate to the elements of the work. They could include the preparation of reports incorporating recommendations on basic operations and specific client or service outcome reports. Employees at this level perform non-repetitive tasks, governed by established procedures, specific guidelines and standardised instructions, specific client or service outcome reports.

12 Employees will work in an ongoing way to maintain their own professional expertise and seeking to improve skills / duties. Aged Care and Community Support Worker Level 8 Pay point 1 Pay point 2 Pay point 3 Pay point 4 Pay point 5 This level usually requires professional expertise in one or more areas of physiotherapy. Detailed knowledge of standard professional tasks is required with scope existing for exercising initiative in the application of established work practice and procedures. The degree of supervision received is variable depending on the assignment, project or work of the facility. Where practicable, work is usually performed under general guidance with the general quality of output monitored by supervisors. However, the technical content of the work is not normally subject to direct supervision. It is expected that guidance would be sought in review work programs or on unusual features of an assignment. Employees are expected to exercise initiative in the application of professional practice either as a member or as a specialist professional in multi-disciplinary teams or independently and may deputise for the professional head of a small work unit. At this level professional support and / or some supervisory responsibility of subordinate staff may be required. Employees at this level may have supervisory responsibility for technical staff if required, together with responsibilities for training and development of subordinate professional staff within their area of expertise. Supervisory responsibilities where they exist on-the-job training, staff assessment and performance counselling in relation to subordinates for a specific task that the subordinate has requested support for the performance of, as well as provision of professional support in specialty areas to others in the discipline. Duties and Skills Work at this level requires the undertaking of more complex activities and the selection and application based on professional judgement of new and existing techniques and methodologies. Employees may carry out research under professional supervision and may be expected to contribute to the advances of the techniques used. Duties also include the responsibility for varied professional assignments, requiring knowledge of either a broad or specialist field. Problems would be addressed by the use of combinations of standard procedures and / or modifications of standard procedures. Aged Care and Community Support Worker Level 9 Pay point I Pay point 2 Pay point 3 Pay point 4 Work at this level usually requires the exercise independence combined with competence derived from extensive experience and I or additional study. High levels if initiative are required to be exhibited in accomplishing objectives and undertaking complex projects, which may be either on an individual basis as a recognised specialist, a professional practitioner with responsibilities for complex duties or as a senior specialist or leader in a multi-disciplinary team and may deputise for a professional head of a work unit. Work is performed with limited or no professional supervision. Professional guidance from superiors is only received from those aspects of work, which involve new or sophisticated or relate to areas outside the normal span of activity.

13 Work at this level requires the development and provision of professional advice and consultantlyffmother Agencies, industry representatives and the public. The level of information prof&'" recommendations made influence the decisions of others, including superiors and peers, especially in the monitoring, development and delivery of programs. The general quality of advice given is monitored by superiors and is subject to professional standards. The application of knowledge obtained through post-graduate specialist qualifications or extensive recognised expertise is required for appointment to this level. Professional specialists at this level would undertake work with significant scope and/or complexity and/or undertake professional duties or an innovative, novel and/or critical nature without professional direction. The management of work groups may be a function of this level. Managerial responsibility may cover professional and related technical staff and includes training of subordinate staff, coordination of workflow processes, responsibilities for quality of output of the work unit, performance assessment and review, staff counselling, career planning and development, application of equal opportunity principles as well as implementing occupational health and safety guidelines. Duties and Skills The duties undertaken at this level are of a complex and varied nature. They require detailed knowledge of the employer's operations combined with a specialist or very high level of practitioner knowledge of major activities in the work unit. Any standard professional task (including problem definition, planning, execution, analysis and reporting) is expected to be performed by an employee of this level No Extra Claims (a) The parties to this agreement agree that for the duration of this Agreement, no extra claims will be pursued for matters that are subject to this agreement other than those consistent with the wage fixing principles arising from the State wage Case. No wage increases other than those contained within this agreement will be sought, nor granted, during the life of this agreement. The parties further agree that there is nothing in this agreement, which precludes the employer from initiating proposals for improvements in entitlements for their employees over the life of this agreement, after consulting with employees Union Encouragement (a) This clause gives effect to section 110 of the Industrial Relations Act 1999 in its entirety. Consistent with section 110 a Full Bench of the Queensland Industrial Relations Commission has issued a Statement of Policy on Union Encouragement (reported 165 QGIG 221) that encourages an employee to join and maintain financial membership of an organisation of employees that has the right to represent the industrial interests of the employees concerned. At the point of engagement, an employer to whom this Agreement applies shall provide employees with a document indicating that a Statement of Policy on Union Encouragement has been issued by the Queensland Industrial Relations Commission, a copy of which is to be kept on the premises of the employer in a place readily accessible by the employee. The document provided by the employer shall also identify the existence of a union encouragement clause in this Agreement. Union delegates and job representatives have a role to play within a workplace. union delegates and/or representatives are encouraged. The existence of accredited The employer shall not unnecessarily hinder accredited union delegates and/or joji-3eptesentatives in the reasonable and responsible performance of their duties.

14 (c) Where arrangements can be entered into, employers are encouraged to provide facilities for the deduction and remittance of union fees for employees who signify in writing to their employer, their desire to have such membership fees deducted from their wages. PART 2 - DISPUTE RESOLUTION 2.1 Grievance Policy and Procedures The objective of this Grievance Policy is to provide a mechanism for handling grievances, which cannot be resolved without intervention. It is recognised that in an organisation as diverse as The Salvation Army, it is inevitable that grievances will arise. It is important that grievances be dealt with confidentially and expediently, in a manner that is as unbiased as possible, and that no victimisation occurs against anyone for complaining or assisting a complainant. The nature of a grievance can be either organisation/program based, or individual or personal. Grievances should in the first instance be resolved at the level where the problem has occurred. Should this prove unsuccessful, either party has the right to decide whether they want formal or informal resolution procedures followed. At all stages during the process, the both parties dealing with the grievance is to keep each other informed and updated as to the progress of the grievance and any resolution agreement. Definition of an Organisational Or Program Grievance These relate to delivery and access to a service, and the provider of the services. lodged by a client, or staff member. Grievances of this nature are usually Definition Of Personal Or Individual Grievance These arise as a concern of complaint relating to work of the work environment, usually from an employee or a volunteer. The grievance may be about any act, omission, situation or decision that the individual thinks is unfair, discriminatory or unjust. The following procedures have been developed to provide a step-by-step grievance handling process. A copy of the procedure is to be attached to all letters of appointment and will form part of an employee's employment condition. Information relating to grievances should not be placed on personnel files unless disciplinary action is taken. Disciplinary action may be taken as a result of grievance investigations. Any disciplinary action must comply with relevant Salvation Army disciplinary procedures. Principles Any staff member, volunteer or client has the right to lodge a grievance and have it handled promptly and equitably, without fear of recrimination. The grievance policy should be seen by staff, volunteers, and clients to be a positive and productive mechanism. All staff, volunteers, and clients have the right to make a grievance. The staff and volunteers will work together as valued colleagues. All grievance polices and procedures should be fair and just and be applied equally to all parties regardless of their role. As far as possible, normal work, activities will continue whilst the grievance process is being pursued. Any party to a grievance should be given the opportunity to have an observer or union delegate / organiser present of their choice present during any interviews.

15 Procedures INFORMAL GRIEVANCE PROCEDURES An aggrieved person should, if possible, tell the person who is acting in a Tfa'rtW-ai9 6uitable way that his or her behaviour is not acceptable and/or is offensive, so that they have the chance to stop or change what they are doing, or they should advise the staff member of the actual event or situation giving rise to their grievance so that the matter can be investigated. Should this resolve the matter, then no further action need be taken. However, should the matter not be resolved, the aggrieved staff member, volunteer, or client should initially contact the staff member they feel most comfortable with, or who, in their opinion, is the most appropriate person to assist in the resolution of the grievance. Such an approach would be by way of a personal interview or conversation. It is the responsibility of both the staff/client and the staff member dealing with the grievance to communicate fully about the nature of the grievance, and to work towards a mutually satisfactory resolution. If a resolution is agreed upon at the conclusion of this interview or conversation, both parties should be aware of the agreed upon steps to be taken to resolve the conflict and the time frame for such steps to be taken to resolve the grievance. Once agreed, this should be documented and communicated to the department/site Manager. It is the responsibility of the staff member dealing with the grievance to maintain communication with the staff/client as to the progress of the grievance/resolution, and similarly of the aggrieved staff/client to give open, honest feedback to the staff member. If at the discretion of the Manager a satisfactory resolution can be achieved without identifying the source of the grievance, the confidentiality of the staff/client should be protected. If however at the Manager's discretion a satisfactory resolution is dependent upon the identification of the source of the grievance, this should be done and the aggrieved person advised. The aggrieved staff/client is able to use his or her discretion at any point to move from informal grievance procedures to formal grievance procedures. If after attempts to resolve the grievance using informal procedures have failed, or should a resolution not be reached within fourteen days, unless agreed otherwise of the initial notification of the grievance, the parties should escalate their grievance to the formal grievance procedure. FORMAL GRIEVANCE PROCEDURE All formal grievances must be lodged in writing. This can be initiated by the complainant by completing an Incident/Complaint/Investigation Form and lodging it with their direct Manager (or the centre/department Manager in the case of a client grievance). This form should outline the nature of the grievance in detail, and should detail the complainant's suggestion to remedy the situation. Where a complainant is not equipped with writing skills, assistance is to be given to document the oral complaint from the complainant. Once a form has been received it should be acknowledged, and the following formal procedures are to be entered into immediately. 1. The recipient of the complaint is to acknowledge receipt of the grievance within five working days by letter, and inform the complainant that the formal grievance procedures will now be instigated. The grievance is to be investigated by the recipient of the complaint, and all relevant information obtained from staff, the complainant and, if necessary, other staff/clients. 3. An interview should then be scheduled involving all relevant parties and chaired by the relevant Manager. If it is the Manager who is being investigated, the meeting should be chaired by the Divisional Human Resources Officer (ER Dept in respect of THQ), or their representative. Every attempt is to be made to resolve the conflict. A record of the interview, including details of the strategies and actions agreed upon to resolve the conflict, is to be prepared and distributed to all relevant parties.

16 Any resolution should contain a time frame of events. A review time should be scheduled shortly after the expected implementation of the resolution plan, to evaluate the results and determine if the grievance has in fact been resolved. All grievance reports are to be kept by the Manger in a secure place. A copy of appropriate reports is to be given to each of the parties involved, who in turn must respect all other parties' right to privacy and confidentiality in their storage and handling of the report. If the parties cannot agree to a resolution, then either the Manager or whoever was chairing the interview should prescribe a plan of action to be implemented to temporally alleviate the grievance, and would refer the grievance to the Program Manager (in respect of client grievances) ; the Department Head/Divisional Program Secretary (for social and/or corps) ; or their representative (for employee grievances). At their discretion, they may either carry out another grievance investigation, or prescribe a plan of action to resolve the grievance, and nominate a time frame for implementation. Following implementation of either the agreed upon strategies or the prescribed strategies, a second interview should be held to review the progress of the conflict resolution: Should the complainant remain unsatisfied with the resolution at this stage, they can request in writing that their grievance be escalated to the Divisional Commander/Commander/Cabinet Secretary. In such cases, the Divisional Commander/Commander/Cabinet Secretary is to be provided with copies of all information pertaining to the grievance. At their discretion, they may either carry out another grievance investigation, or make a determination based on the facts of the case provided to them. Any such action should be communicated to the Territorial Employee Relations Manager. This decision is final. Should the complainant remain unsatisfied with the decision at this point, they should pursue further grievance resolution measures through an appropriate external agency eg, their union or a relevant government agency. All grievances should be resolved, whenever possible, within a maximum period of thirty days, unless agreed otherwise. Counselling services, such as `Critical Incident Stress Support Program', will be made available if required to all parties. PART 3 - EMPLOYER AND EMPLOYEES' DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 3.1 Employees Duties Incidental or Peripheral Tasks (a) (b) 3.2 Employment Categories An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training consistent with the classification structure of this Agreement, provided that such duties are not designed to promote de-skilling. An employer may direct an employee to carry out such duties and use such resources and equipment as may be required, provided that the employee has been trained in the use of such resources and equipment Any direction issued by an employer pursuant to paragraphs (a) and (b) shall be consistent with the employer's responsibilities to provide a safe and healthy work environment. Each employee shall be engaged only on one of the following basis - (a) as a full time employee ; (b) as a part time employee; (c) (d) as a casual employee ; as a fixed term or fixed project employee. An employee shall on commencing employment or on transfer or promotion, be provided by the employer with a written statement outlining the employee's -

17 (a) classification and duties ; (b) ordinary hours of employment; (c) rate of pay, (d) date of appointment or transfer or promotion Full-time Employment A full-time employee shall mean an employee who is engaged by the week (38 hours) in accordance with the provisions of this Agreement Part-time Employment (a) A part-time employee shall mean an employee who is engaged as such and who is employed for less than 38 hours per week but more than 7.5 hours per week. Part-time employees shall be paid at an hourly rate equal to one-thirty eighth of the weekly rate prescribed by the Agreement for the classification under which they are engaged with a minimum payment of 3 hours on any one day when work is performed. (c) A part time employee shall be entitled to pro-rata annual leave, sick leave, long service leave, bereavement leave and all statutory holidays on the same basis as full-time employees on which the employee would have otherwise worked on a proportionate basis calculated on the ordinary hours in accordance with the previous paragraph. Such employee shall be entitled to pro-rata allowances where applicable under this award. The normal working hours of a part-time employee may be changed by mutual agreement between the employee and the employer. This provision applies to meet the short-term requirements of either Casual Employment (a) A casual employee shall mean an employee engaged as such for not more than 38 hours in any week and who is employed by the hour. A casual employee shall be engaged for a minimum period of two hours or receive a minimum payment of two hours per engagement. Where practicable, preference should be given to full-time and part-time employment over casual employment. The Salvation Army is committed to converting long-term casual employment to either part-time employment or full-time employment. Such conversion is dependent upon the needs and staffing requirements of The Salvation Army and the desire of the employee. (c) The rate of payment to casual employees shall be one thirty-eighth of the appropriate weekly wage for the class of work they are engaged upon plus 23% loading 3.3 Introduction of Changes, Termination of Employment in Cases of Redundancy (a) The Salvation Army recognises that from time to time positions may become redundant. It is the policy of The Salvation Army wherever possible to find alternative employment within the organisation for employees whose positions become redundant. Where alternative employment is not available, employees will be made redundant on the terms set out in this clause. When it becomes apparent that a job or jobs will be made redundant, management shall consult with the employee(s) involved as well as advising the relevant Union. Any possibilities for redeployment will be made known to the employees. The employees' views on their position and preferences for redeployment shall be taken into account as far as possible by management. Where an employee(s) is made redundant the notice and severance benefits will be made in accordance with this clause.

18 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 If an employee is over 45 years of age and has been employed by The Salvation Army for two years or more continuous years, then the employee is entitled to an additional one week of notice. Time Off During Notice Period Employees are entitled to take up to one day's paid leave per week during the notice period, up to a maximum of five days, for the purpose of seeking alternative employment. An employee maybe asked to provide proof of entitlement to time off. Severance Benefits Period of Continuous Service Entitlement Less than one year Nil 1 year and less than 2 years 4 weeks 2 years and less than 3 years 7 weeks 3 years and less than 4 years 10 weeks 4 years and less than 5 years 12 weeks 5 years and less than 6 years 14 weeks 6 years and over 16 weeks Entitlement for over 45's If an employee is over 45 years of age and has been employed by The Salvation Army for more than one year in continuous service, then such employee will be entitled to an additional 25% payment as follows : Period of Continuous Service Entitlement (over 45) Less than 1 year Nil 1 year and less than 2 years 5 weeks 2 years and less than 3 years 8.75 weeks 3 years and less than 4 years 12.5 weeks 4 years and less than 5 years 15 weeks 5 years and less than 6 years 17.5 weeks 6 years and over 20 weeks 3.4 Voluntary Redundancy (a) A voluntary redundancy is the mutually agreed termination of the current employment contract between the employer and an employee. These packages are offered to employees where the organisation has made a decision to significantly change the organisation. Terms And Conditions Of Voluntary Redundancy Employees selected for negotiations will be selected by the following set of guidelines. That the employee is a full-time or part-time employee. i. The operational needs of the organisation. If an employee enters into negotiation on a Voluntary Redundancy, the following can be used as a guide for that negotiation.

19 Extra Payment For Voluntary Redundancy Period of Continuous Service For employees with less than 3 years Employees with 3 to 5 years Employees with 5 to 10 years Employees with 10 to 15 years Employees with 15 years or more Entitlement (Voluntary Only) 2 weeks 3 weeks 4 weeks 6 weeks 8 weeks The following entitlements will be paid to the employee as per their agreement or under the Queensland Industrial Relations Act. Payment of all Annual Leave entitlements. Payment of all Long Service Leave entitlements. In the event that agreement is reached between the employer and employee and the relevant documentation is signed, the employee is disqualified from applying for, or being appointed to, any position within The Salvation Army for the period that the redundancy covers (ie the number of paid weeks contained in the entire package). The employee will have the right to withdraw any expression of interest in voluntary redundancy at any time prior to the signing of any deed of agreement (settlement). The employer will have the right to withdraw from any negotiation prior to the signing of any deed or agreement or when it determines that the position in question is subject to a selection process and is outside the timelines. It is a condition of the voluntary redundancy negotiations and voluntary redundancy package that the negotiations, terms and conditions will remain confidential at all times. Both parties will sign a Deed containing a confidentiality clause Relocation to new sites. Any employee, who can demonstrate genuine hardship why they cannot relocate to a new site, will be eligible to take voluntary redundancy if there is no other position available for them at the current site. 3.6 Contract of Employment Termination by Employer (a) in order to terminate the employment of an employee the employer shall give the following notice : Period of Continuous Service Period of Notice 1 year or less 1 week 1 year and up to completion of 3 years 2 weeks 3 years and up to completion of 5 years 3 weeks 5 years and over 4 weeks (b) (d) (e) In addition to the notice in (a) above, employees over 45 years of age at the time of giving notice and with not less than two year's continuous service shall be entitled to an additional week's notice. Payment in lieu of notice shall be made if the appropriate notice is not given. Provided that employment may be terminated by part of the period of notice specified and part payment in lieu thereof. In calculating any payment in lieu thereof, the ordinary time rate of pay for the employee concerned shall be used. The period of notice in this sub-clause shall not apply in the case of dismissal for misconduct that justifies instant dismissal, or employees engaged for specific period of time or for a specific task or tasks.

20 3.6.2 Termination by Employee The notice of termination required to be given by an employee shall be one week except in the 6ast 1 employee. 3.7 Payment of Wages All Wages shall be paid fortnightly by electronic funds transfer (EFT) directly into the employee's account of any financial institution (which has that facility) nominated by the employee without cost to the employee. Where final monies are owing in respect of a termination, then payment of such monies shall be made within 3 business days of the date of termination. 3.8 Stand Downs The employer may stand down any employee on any day or for part of any day, on which the employee cannot be usefully employed because of the occurrence of anything for which the employer is not responsible and over which the employer has no control, for example, fire, bomb threat, flood or electrical blackout. If the employee arrives at work and is then stood down the minimum engagement shall be paid. 3.9 Anti-Discrimination (a) It is the intention of the parties to this Agreement to achieve the object by helping to prevent and eliminate discrimination on the basis of gender, marital status, pregnancy, parental status, age, race, impairment, Teligion, political belief or activity, trade union activity, lawful sexual activity and association with or relation to, a person identified on the basis of any of the above attributes. Accordingly, in fulfilling their obligations under the Dispute Resolution clause, the parties to the Agreement must make every endeavour to ensure that neither the Agreement provisions nor their operation are directly or indirectly discriminatory in their effects. Nothing in this clause is to be taken to affect: (i) (ii) Any different treatment (or treatment having different effects) which is specifically exempted under the Anti-Discrimination Act An employee, employer or registered organisation pursuing matters of discrimination including by application to the Human Rights and Equal Opportunity Commission/Anti-Discrimination Commission. (c) See Appendix A for reference to the internal Salvation Army policy relating to Anti-Discrimination Anti-Bullying The parties to this agreement are opposed to all forms of bullying and harassment defined by law and will maintain a program to inform employees and Management of their rights and obligations under legislative requirements. PART 4 - WAGES AND WAGE RELATED MATTERS 4.1 Wage Increases The following wage increases shall apply: A 4% wage increase effective from 1 September 2006 ; A 4% wage increase effective from 1 September 2007 ;