UnitingCare Health Clerical/Administration Enterprise Agreement

Transcription

1 UnitingCare Health Clerical/Administratin Enterprise Agreement Applicatin and peratin 1.1 Title This Agreement shall be knwn as the UnitingCare Health Clerical/Administratin Enterprise Agreement ( The Agreement ). 1.2 Arrangement 1 Applicatin and peratin Title Arrangement Parties bund Date and perid f peratin Scpe f Agreement Definitins Psting f Agreement Purpse f Agreement Individual flexibility Cmmunicatin, cnsultatin and dispute reslutin Cnsultatin regarding majr wrkplace change Intrductin f change Cnsultative Cmmittees Unin representatin and industrial relatins training Wrklad management strategies Dispute reslutin Emplyer and emplyees duties, emplyment relatinship and related arrangements Emplyment categries Full-time emplyee Page1 UCH Clerical Administratin EA v withut prejudice

2 4.3 Part-time emplyee Casual emplyee Trainee Terminatin f emplyment Redundancy Incidental r peripheral tasks Wages and wage related matters Classificatin structure Wage increases Payment f wages Extra payment fr afternn and night shift penalty Extra payment fr weekend wrk Meal allwances - vertime Relieving at a higher classificatin Unifrms and prtective clthing Salary packaging Superannuatin Traveling, transprt and fares Hurs f wrk and related matters Ordinary hurs f wrk Span f hurs Accrued days ff (ADO) accumulatin and taking f ADOs Eight hur day and accrual f time ff Rsters Brken rstered perids f duty Rest breaks between rstered wrk Breaks Page2 UCH Clerical Administratin EA v withut prejudice

3 6.9 On call and recall Recall t wrk (where nt rstered t be n call) Use f available wrking time Overtime Vluntary 12 hur shifts Leave and public hlidays Annual leave Persnal / carer s leave Cmpassinate leave Parental leave Lng service leave Public hlidays Cmmunity service (including Jury Duty) Ceremnial leave Other matters Training and prfessinal develpment Immunisatin / X-Ray Wrkplace health and safety Classificatin structure Level Level Level Level Level Level Page3 UCH Clerical Administratin EA v withut prejudice

4 1.3 Parties bund This Agreement is legally binding upn the emplyees as prescribed by clause and the Uniting Church in Australia Prperty Trust (QLD) Trading as UnitingCare Health, and upn any emplyee rganisatin wh is cvered by this Agreement pursuant t sectin 183 f the Act. 1.4 Date and perid f peratin This Agreement shall perate frm 7 days after the date this Agreement is apprved by the Fair Wrk Cmmissin and shall remain in frce until 31 December 2015 and thereafter in accrdance with the Fair Wrk Act The parties agree that discussins shall cmmence fr a new Agreement n later than 3 mnths prir t the expiry date f the Agreement. This is a cmprehensive agreement that perates t the exclusin f any awards r ther agreements. It is nt the intentin f UnitingCare Health as a result f the implementatin f the Agreement t reduce emplyee s emplyment cnditins, except where expressed in this Agreement. 1.5 Scpe f Agreement This Agreement shall apply t clerical/administratin emplyees fr whm rates f pay are prescribed in Appendix 1; as described in clause and emplyed by UnitingCare Health, in the State f Queensland Clerical/administratin emplyees classified as: Clerk (ward, casualty, medical recrds, pay, finance, cmputer, etc.,) Clinical Cder General clerk/typist Medical stengrapher Receptinist Secretary This Agreement des nt apply t Accuntants emplyed by UnitingCare Health. 1.6 Definitins Accrued Day Off r ADO means a day taken ff during the wrk cycle due t the accrual f hurs ver a 4-week perid as part f the wrking f a 38 hur week Act means the Fair Wrk Act 2009 (Cth) as amended r replaced frm time t time. Page4 UCH Clerical Administratin EA v withut prejudice

5 1.6.3 Classificatin Level shall cmprise a number f paypints thrugh which emplyees will be eligible t prgress Facility means a UCH hspital, UCH Linen Service r a UCH Grup Office FWC means the Fair Wrk Cmmissin Immediate family means a spuse, de fact partner, child, parent, grandparent, grandchild r sibling f the emplyee; r a child, parent, grandparent, grandchild r sibling f a spuse r de fact partner f the emplyee Increment means fr all emplyees an increase in salary frm ne Paypint t the next Paypint Junir means any persn under the age f 19 years wh is cvered by this Agreement NES means the Natinal Emplyment Standards Ordinary rate f pay means the rate f pay payable t the emplyee fr their rdinary hurs f wrk, but nt including incentive based payments and bnuses; ladings; mnetary allwances; vertime r penalty rates; and any ther separately identifiable entitlement Paypint means the specific rate f remuneratin payable t emplyees within a Classificatin Level Shiftwrker is an emplyee wh is regularly rstered t wrk their rdinary hurs utside the rdinary hurs f a day wrker as defined in clause UCH means UnitingCare Health Unin means the Australian Municipal Administrative, Clerical and Services Unin. 1.7 Psting f Agreement A cpy f this Agreement will be placed in a lcatin where it can be easily read by all emplyees, including a cnspicuus and cnvenient place at each facility and n the UCH intranet site. 1.8 Purpse f Agreement The parties t this Agreement are cmmitted t wrking cperatively tgether t achieve: - A perid f stability and certainty during the life f the Agreement; - A safe and prductive wrking envirnment; Page5 UCH Clerical Administratin EA v withut prejudice

6 - Flexible and fair systems f wrk which prvide balance between assisting emplyees meet persnal respnsibilities and supprt UCH t respnd in an increasingly cmplex envirnment; - Early reslutin f issues at the lwest pssible level, given the circumstances, due t effective cmmunicatin, cnsultatin and dispute settling prcesses; and - A well trained and prfessinal wrkfrce, equipped t prvide high levels f patient care and/r custmer service and supprted t grw t their full ptential. 2 Individual flexibility UCH and an emplyee cvered by this Agreement may agree t make an individual flexibility arrangement t vary the effect f terms f the Agreement if: i. The arrangement deals with: a. When wrk is perfrmed; r b. Overtime rates, penalty rates, and allwances; and i The arrangement meets the genuine needs f UCH and the emplyee in relatin t ne r mre f the matters mentined in paragraph (i); and The arrangement is genuinely agreed t by UCH and the emplyee An emplyee may seek advice frm their emplyee nminated representative prir t entering int any flexibility arrangement UCH must ensure that the terms f the individual flexibility arrangement: i. Are abut permitted matters under the Act; and i Are nt unlawful terms under the Act; and Result in the emplyee being better ff verall than the emplyee wuld be if n arrangement was made UCH must ensure that the individual flexibility arrangement: i. Is in writing; and i Includes the name f the emplyer and emplyee; and Is signed by UCH and the emplyee and if the emplyee is under 18 years f age, signed by a parent r guardian f the emplyee; and iv. Includes details f: Page6 UCH Clerical Administratin EA v withut prejudice

7 a. The terms f the Agreement that will be varied by the arrangement; and b. Hw the arrangement will vary the effect f the terms; and c. Hw the emplyee will be better ff verall in relatin t the terms and cnditins f his r her emplyment as a result f the arrangement; and d. States the day n which the arrangement cmmences UCH must give the emplyee a cpy f the individual flexibility arrangement within 14 days after it is agreed t UCH r the emplyee may terminate the individual flexibility arrangement: i. By giving n mre than 28 days written ntice t the ther party t the arrangement; r If UCH and the emplyee agree in writing at any time. 3 Cmmunicatin, cnsultatin and dispute reslutin 3.1 Cnsultatin regarding majr wrkplace change UCH and its emplyees will cnsult each ther abut issues that arise at the wrkplace The parties t this Agreement are cmmitted t cperating psitively t increase efficiency, prductivity and cmpetitiveness f the hspitals and t enhance the career pprtunities and jb security f emplyees Full cnsultatin will ccur with the emplyees and their representative unin, when it is prpsed t make changes t the rganisatin r changes t the manner in which wrk cvered by this agreement is perfrmed UCH will cmmence the cnsultatin as early as practicable. 3.2 Intrductin f change This prvisin applies if: i. UCH has made a definite decisin t intrduce a majr change t prductin, prgram, rganisatin, structure, r technlgy in relatin t its enterprise; and the change is likely t have a significant effect n emplyees f the wrkplace UCH s duty t ntify i. Where UCH decides t intrduce majr wrkplace changes including in prductin, prgram, rganisatin, structure r technlgy, that are likely t have significant effects Page7 UCH Clerical Administratin EA v withut prejudice

8 n emplyees, UCH will ntify the emplyees wh may be affected by the prpsed changes and, where relevant, the emplyee nminated representative. Significant effects includes terminatin f emplyment, majr changes in cmpsitin, peratin r size f the UCH s wrkfrce r in the skills required; the eliminatin r diminutin f jb pprtunities r jb tenure; the alteratin f hurs f wrk; the need fr retraining r transfer f emplyees t ther wrk r lcatins and the restructuring f jbs: Prvided that where the Agreement makes prvisin fr alteratin f any f the matters referred t herein an alteratin shall be deemed nt t have significant effect UCH s duty t cnsult ver change i. UCH will cnsult the emplyees affected and the emplyee nminated representative abut the intrductin f the changes, the effects the changes are likely t have n emplyees (including the number and categries f emplyees likely t be dismissed, and the time when, r the perid ver which, UCH intends t carry ut the dismissals), and the ways t avid r minimise the effects f the changes (e.g. by finding alternative emplyment). i iv. The cnsultatin must ccur as sn as practicable after making the decisin referred t in clause Fr the purpse f such cnsultatin UCH will prvide in writing t the emplyees cncerned and, where relevant, their representative all relevant infrmatin abut the changes including the nature f the changes prpsed, the expected effects f the changes n emplyees, measures UCH is taking t avert r mitigate the adverse effect f the change n emplyees and any ther matters likely t affect emplyees, prvided that UCH shall nt be required t disclse cnfidential infrmatin, the disclsure f which wuld be adverse t UCH s interests. UCH will give prmpt and genuine cnsideratin t matters raised abut the majr change by the emplyee/s cncerned and/r their representatives. v. Any change prcess t be addressed in accrdance with this Agreement will be the subject f cnsultatin with relevant emplyees and the emplyee nminated representative befre implementatin. This will require cmmunicatin with all emplyees cncerned. vi. Nthing in clause (v) shall perate s as t diminish the parties rights t access the dispute reslutin prcedure utlined in 3.6. Page8 UCH Clerical Administratin EA v withut prejudice

9 3.2.4 UCH s duty t cnsider reasnable redeplyment (where the rle is n lnger required) i. UCH will endeavur t prvide a suitable alternative psitin within the emplyee s skill and cmpetence, either at the time the emplyee s rle is n lnger required r after reasnable retraining. UCH will als cnsult with the emplyee r their nminated representative and give cnsideratin t relcatin and/r a lwer psitin, where available. 3.3 Cnsultative Cmmittees State Cnsultative Cmmittee i. There shall be a State Cnsultative Cmmittee (SCC) cmprised f maximum f 4 representatives frm UCH hspitals and 4 emplyee representatives t act as a resurce r guide fr Lcal Cnsultative Frums (LCF). i The SCC may discuss any matter within its terms f reference submitted t it by UCH, emplyees r an LCF after lcal cnsideratin has been exhausted. By agreement, the SCC may meet as a multi service grup Lcal Cnsultative Frum i. A multi functin LCF has been established at each hspital. Each LCF will cmprise f an apprpriate number f management representatives, emplyee representatives and their unin/s ensuring apprpriate representatin. Actual numbers will be determined cnsidering the size f the wrkfrce at each facility. i The LCF shall seek t address all pprtunities fr prblem slving lcal issues prir t seeking the invlvement f the SCC. The rle f an LCF is: - T have an integral rle in the disseminatin f infrmatin n Agreement matters and their implementatin; - T versee and evaluate the implementatin f the Agreement matters pertaining t the specific sites; - T ensure staff are educated and infrmed in relatin t this Agreement; - T ensure fair, cnsultative and participative practices are implemented thrughut the life f the Agreement; - T enhance skills, training and jb satisfactin; and - Encurage cnsultative mechanisms. Page9 UCH Clerical Administratin EA v withut prejudice

10 iv. Each LCF shall meet quarterly r mre ften as required by either party. v. Standing agenda items will include, but necessarily be limited t, matters arising frm the implementatin f the Agreement. vi. v vi A key bjective f the LCF is t achieve a mre cperative wrkplace culture. Each facility will prvide resurces and training as required t enable its LCF members t carry ut their respnsibilities as set ut in this Agreement. The LCF, acting in accrdance with UCH s values and bjectives will cnsider a brad agenda with a view t implementing specific measures which will prvide mre flexible wrking arrangements, imprve the quality f wrk and utcmes, prfessinal develpment pprtunities, and the prductivity, efficiency and jb security f emplyee during the life f the Agreement. 3.4 Unin representatin and industrial relatins training UCH recgnises that emplyees have the right t becme, r nt becme, members f an industrial assciatin (such as a unin) and they als have a right t be represented by, r nt be represented by, an industrial assciatin (i.e., the Australian Municipal Administrative, Clerical and Services Unin) Unin delegates and jb representatives have a rle t play within a wrkplace. The existence f accredited unin delegates is encuraged by UCH. The parties cmmit themselves t encuraging the use f and access t Industrial Relatins training prvided by the unin t supprt them in this rle UCH will supprt endrsed Unin Delegates and/r jb representatives in the reasnable and respnsible perfrmance f their duties UCH will treat delegates fairly and allw them t perfrm their rle as a Unin Delegate withut any discriminatin r adverse treatment in their emplyment. UCH recgnises and respects that endrsed Unin Delegates speak n behalf f unin members in the wrkplace Upn applicatin t UCH, staff invlved in cnsultative frums r enterprise agreement negtiatins may be granted up t 5 wrking days leave (nn-cumulative) n rdinary rate f pay each calendar year t attend relevant curses and seminars The granting f such leave shall be subject t UCH being able t release the emplyee cncerned frm duty withut unduly affecting the nrmal peratin f the facility. Page10 UCH Clerical Administratin EA v withut prejudice

11 3.4.7 UCH shall nt unreasnably withhld cnsent t any applicatin fr such leave An applicatin fr leave pursuant t this clause shuld, when pssible, be made 4 weeks, r ne rster perid, prir t the date f cmmencement f the curse Fr the purpses f this clause, payment is at the rdinary rate f pay nly in respect f the days n which the emplyee (including shift and nn-shift wrkers) wuld nrmally have been paid Leave granted pursuant t this clause shall cunt as service fr all purpses. 3.5 Wrklad management strategies The parties agree that apprpriate strategies shuld be implemented t maintain balanced and safe wrklads, identify and eliminate unnecessary tasks and recgnise the adverse effect that excessive r insufficient wrklads may have n emplyees The parties agree that staff and management shuld have access t a number f avenues t ensure that as changes are cnsidered r new prcesses are adpted, cnsideratin will be given t achieving a balanced wrklad fr all emplyees Staff and management are encuraged t use ne f the fllwing avenues fr raising wrklad issues: - Reprt t immediate supervisr r manager; - Raise issue at staff meetings; - Cmplete the Wrklad Management Issue Frm Unreslved, nn urgent r nging issues will be addressed as per the Wrklad Management Issue Reslutin Prcedure. Crrective / preventative actins respnse prcess will be initiated fr any nn-cmpliance and all unreslved issues will be referred t the LCF and/r Quality and Safety Cmmittee Subject t clause and 3.5.4, the LCF shall accept unreslved wrklad management issues either verbally r in writing and will address thse issues in s far as they impact upn wrklads The LCF shall immediately acknwledge receipt f the issue and infrm the parties f the date f the meeting. The LCF will address the issue and will endeavur t prcess the issues expeditiusly and prvide feedback within 4 weeks f the LCF meeting. 3.6 Dispute reslutin In the event f a dispute abut a matter under this Agreement, r a dispute in relatin t the NES, in the first instance the parties must attempt t reslve the matter at the wrkplace by discussins between the emplyee r emplyees cncerned and the relevant supervisr. If Page11 UCH Clerical Administratin EA v withut prejudice

12 such discussins d nt reslve the dispute, the parties will endeavur t reslve the dispute in a timely manner by discussins between the emplyee r emplyees cncerned and mre senir levels f management as apprpriate If a dispute abut a matter arising under this Agreement r a dispute in relatin t the NES is unable t be reslved at the wrkplace, and all apprpriate steps under clause have been taken, a party t the dispute may refer the dispute t the FWC The parties may agree n the prcess t be utilised by the FWC including mediatin, cnciliatin and arbitratin Where the matter in dispute remains unreslved, the FWC may exercise any methd f dispute reslutin permitted by the Act that it cnsiders apprpriate t ensure the settlement f the dispute UCH r the emplyee may appint anther persn, rganisatin r assciatin (such as a unin) t accmpany and/r represent them fr the purpses f this clause While the dispute reslutin prcedure is being cnducted, wrk must cntinue in accrdance with this Agreement and the Act. Subject t applicable ccupatinal health and safety legislatin, an emplyee must nt unreasnably fail t cmply with a directin by UCH t perfrm wrk, whether at the same r anther wrkplace that is safe and apprpriate fr the emplyee t perfrm. 4 Emplyer and emplyees duties, emplyment relatinship and related arrangements 4.1 Emplyment categries An emplyee may be engaged as a full-time, part-time r casual emplyee At the time f engagement, each emplyee will receive a written cntract f emplyment which specifies the emplyment categry and classificatin Level In the instance f part-time emplyees, such cnfirmatin shall include the minimum number f guaranteed hurs f wrk each frtnight within the limitatins f clause Full-time emplyee A full-time emplyee is ne wh is engaged t wrk 38 hurs per week, r an average f 38 hurs per week. 4.3 Part-time emplyee A part-time emplyee is an emplyee wh: i. Is emplyed fr less than 76 rdinary hurs per frtnight; Page12 UCH Clerical Administratin EA v withut prejudice

13 i Is rstered t wrk a minimum f 3 hurs n each shift; and Receives, n a prprtinate basis, equivalent pay and cnditins t thse f full-time emplyees in the same classificatin The minimum engagement fr part-time emplyees each frtnight is as fllws: i. Part-time emplyees will be engaged fr a minimum f 30.4 hurs per frtnight; except Where an emplyee requests and UCH agrees, a part-time emplyee may be emplyed fr less than the minimum hurs specified in (i) but nt fr less than 8 hurs per frtnight r 7.6 hurs where wrking a single shift The agreed number f rdinary hurs per frtnight may nly be varied by mutual agreement. Any agreed variatin t the number f rdinary hurs wrked will be recrded in writing A part-time emplyee will nt be directed t wrk additinal rdinary hurs in the absence f emplyee cnsent A part-time emplyee will accrue annual leave and persnal leave, accrding t the rdinary hurs wrked each week which will include additinal hurs abve the minimum guaranteed hurs as specified in clause 4.1.3, up t 76 hurs each frtnight. These additinal hurs will als cunt twards the emplyee s next pay increment if the emplyee is nt yet at the tp Paypint fr their classificatin The average part-time hurs wrked may be reviewed n an annual basis r as requested by the emplyee. Minimum hurs may be adjusted fllwing review and cnsultatin with the emplyee t meet rganisatinal requirements The capacity t peratinally flex the wrkfrce t meet the changing demands f patient ccupancy is an nging rganisatinal requirement. UCH will endeavur t maintain a permanent wrkfrce at a level t effectively deliver quality care and/r meet the peratinal demands f the facility. 4.1 Casual emplyee A casual emplyee is engaged n an hurly basis t wrk up t and including 76 rdinary hurs per frtnight Hurs f wrk may be increased r decreased n each engagement A casual emplyee will be paid per hur at the hurly rate fr the apprpriate classificatin. In additin, a lading f 23% f that rate will be paid instead f the paid leave entitlements f full-time emplyees. Page13 UCH Clerical Administratin EA v withut prejudice

14 4.1.4 The casual rate shall nt be cmpunded by penalties cntained within this Agreement. Penalties shall be calculated n the base rate f pay, excluding the casual lading, with the casual lading cmpnent then added t the penalty rate f pay Prvided that casual emplyees emplyed at 1 July 2012 wh had their penalties cmpunded by the casual lading shall cntinue t have their penalties calculated in that manner Minimum engagement is fr 2 hurs fr each engagement. 4.2 Trainee Trainees are engaged as per Schedule E Natinal Training Wage, f the Health Prfessinals and Supprt Services Award 2010 (i.e., Schedule E prvides definitins, cverage, types f Traineeship, minimum wages) and unless specifically varied by Schedule E, all ther terms and cnditins f this Agreement apply t a trainee. 4.3 Terminatin f emplyment Statement f emplyment UCH shall, in the event f terminatin f emplyment, prvide upn request t the emplyee wh has been terminated a written statement specifying the perid f emplyment and the classificatin r type f wrk perfrmed by the emplyee Terminatin by UCH i. UCH may dismiss an emplyee nly if the emplyee has been given the fllwing written ntice f the day f terminatin: Perid f Cntinuus Service Nt mre than 3 years Mre than 3 years but nt mre than 5 years Mre than 5 years Perid f Ntice 2 weeks 3 weeks 4 weeks i In additin t the ntice in clause 4.6.2(i), emplyees 45 years ld r ver and wh have cmpleted at least 2 years cntinuus service with UCH shall be entitled t an additinal weeks ntice. Payment in lieu f ntice shall be made if the apprpriate ntice is nt given: Prvided that emplyment may be terminated by part f the perid f ntice specified and part payment in lieu theref. Page14 UCH Clerical Administratin EA v withut prejudice

15 iv. In calculating any payment in lieu f ntice the minimum cmpensatin payable t an emplyee will be at least the ttal f the amunts UCH wuld have been liable t pay the emplyee if the emplyee s emplyment had cntinued until the end f the required ntice perid. The ttal must be wrked ut n the basis f: a. the rdinary wrking hurs t be wrked by the emplyee; and b. the amunts payable t the emplyee fr the hurs including fr example allwances, ladings and penalties; and c. any ther amunts payable under the emplyee s emplyment cntract. v. The perid f ntice in this clause shall nt apply in the case f dismissal fr miscnduct r ther grunds that justify instant dismissal, r in the case f a casual emplyee Ntice f terminatin by emplyee The ntice f terminatin required t be given by an emplyee shall be 2 weeks. If an emplyee fails t give the minimum ntice, UCH shall have the right t withhld mnies due t the emplyee with a maximum amunt equal t the rdinary time rate fr the perid f ntice Payment f all mnies wing n terminatin Payment f mnies wing n terminatin will be paid int an electrnic funds transfer accunt, r equivalent, within 3 wrking days after the emplyment stps Time ff during ntice perid During the perid f ntice f terminatin given by UCH, an emplyee shall be allwed up t ne day s time ff withut lss f pay fr the purpse f seeking ther emplyment. This time ff shall be taken at times that are cnvenient t the emplyee after cnsultatin with UCH. 4.4 Redundancy Cnsultatin befre terminatin i. Where UCH decides that it n lnger wishes the jb the emplyee has been ding t be dne by anyne, and this is nt due t the rdinary and custmary turnver f labur, and that decisin may lead t terminatin f emplyment, UCH shall cnsult the emplyee directly affected and where relevant, their representative. The cnsultatin shall take place as sn as it is practicable after UCH has made a decisin, which will invke the prvisins f clause 4.7.1(i) and shall cver the reasns fr the prpsed terminatins, measures t avid r minimise the terminatins and/r their adverse effects n the emplyees cncerned. Page15 UCH Clerical Administratin EA v withut prejudice

16 i Fr the purpse f the cnsultatin UCH shall, as sn as practicable, prvide in writing t the emplyees cncerned and, where relevant, their representative, all relevant infrmatin abut the prpsed terminatins including the reasns fr the prpsed terminatins, the number and categries f emplyees likely t be affected, the number f wrkers nrmally emplyed and the perid ver which the terminatins are likely t be carried ut: Prvided that UCH shall nt be required t disclse cnfidential infrmatin, the disclsure f which wuld be adverse t UCH s interests Transfer t lwer paid duties i. Where an emplyee is transferred t lwer paid duties fr reasns set ut in clause the emplyee shall be entitled t the same perid f ntice f transfer as the emplyee wuld have been entitled t if the emplyee s emplyment had been terminated under clause 4.6. i UCH may, at its ptin, make payment in lieu theref f an amunt equal t the difference between the frmer amunts UCH wuld have been liable t pay and the new lwer amunt UCH is liable t pay the emplyee fr the number f weeks f ntice still wing. The amunts must be wrked ut n the basis f: a. the rdinary wrking hurs t be wrked by the emplyee; and b. the amunts payable t the emplyee fr the hurs including fr example, allwances, ladings and penalties; and c. any ther amunts payable under the emplyee s emplyment cntract Time ff during ntice perid i. Where a decisin has been made t terminate an emplyee in the circumstances utlined in clause 4.7.1(i), the emplyee shall be allwed up t ne day s time ff withut lss f pay during each week f ntice fr the purpse f seeking ther emplyment. If the emplyee has been allwed paid leave fr mre than ne day during the ntice perid fr the purpse f seeking ther emplyment, the emplyee shall, at the request f UCH, be required t prduce prf f attendance at an interview r the emplyee shall nt receive payment fr the time absent. Fr this purpse a statutry declaratin will be sufficient Severance pay i. In additin t the perid f ntice prescribed fr rdinary terminatin in clause 4.6.2(i), and subject t further rder f the FWC, an emplyee whse emplyment is terminated Page16 UCH Clerical Administratin EA v withut prejudice

17 fr reasns set ut in clause 4.7.1(i), r because f the inslvency r bankruptcy f the emplyer, shall be entitled t the fllwing amunts f severance pay: Perid f Cntinuus Service Less than 1 year Severance Pay nil 1 year but nt mre than 2 years 4 weeks pay Mre than 2 years but nt mre than 3 years Mre than 3 years but nt mre than 4 years Mre than 4 years but nt mre than 5 years Mre than 5 years but nt mre than 6 years Mre than 6 years but nt mre than 7 years Mre than 7 years but nt mre than 8 years Mre than 8 years but nt mre than 9 years Mre than 9 years 6 weeks pay 7 weeks pay 8 weeks pay 10 weeks pay 11 weeks pay 13 weeks pay 14 weeks pay 16 weeks pay Weeks Pay means the rdinary rate f pay fr the emplyee cncerned. Prvided that the fllwing amunts are excluded frm the calculatin f the rdinary time rate f pay: vertime, penalty rates, disability allwances, shift allwances, special rates, fares and travelling time allwances, bnuses and any ther ancillary payments Emplyee leaving during ntice An emplyee whse emplyment is terminated fr reasns set ut in clause 4.7.1(i) r because f the inslvency r bankruptcy f the emplyer, may terminate such emplyment during the perid f ntice, and, if s, shall be entitled t the same benefits and payments under this clause had such emplyee remained with UCH until the expiry f such ntice: Prvided that in such circumstances the emplyee shall nt be entitled t payment in lieu f ntice Alternative emplyment UCH, in a particular case, may make applicatin t the FWC t have the general severance pay prescriptin amended if UCH btains acceptable alternative emplyment fr an emplyee. Page17 UCH Clerical Administratin EA v withut prejudice

18 4.4.7 Emplyees with less than ne year s service Clause 4.7 shall nt apply t emplyees with less than ne year s cntinuus service and the general bligatin n UCH shuld be n mre than t give relevant emplyees an indicatin f the impending redundancy at the first reasnable pprtunity, and t take such steps as may be reasnable t facilitate the btaining by the emplyees f suitable alternative emplyment Emplyees exempted Clause 4.7 shall nt apply: i. where emplyment is terminated as a cnsequence f miscnduct n the part f the emplyee; r i t emplyees engaged fr a specific perid r task(s); r t casual emplyees Exemptin where transmissin f business i. The prvisins f clause are nt applicable where a business is befre r after the date f the insertin f this clause int the Agreement, transmitted frm UCH (transmittr) t anther emplyer (transmittee), in any f the fllwing circumstances: a. where the emplyee accepts emplyment with the transmittee which recgnises the perid f cntinuus service which the emplyee had with the transmittr, and any prir transmittr, t be cntinuus service f the emplyee with the transmittee fr the purpses f redundancy entitlements; r b. where the emplyee rejects an ffer f emplyment with the transmittee: A. in which the terms and cnditins are substantially similar and n less favurable, cnsidered n an verall basis, than the terms and cnditins applicable t the emplyee at the time f ceasing emplyment with the transmittr; and B. which recgnises the perid f cntinuus service which the emplyee had with the transmittr and any prir transmittr t be cntinuus service f the emplyee with the transmittee fr the purpses f redundancy entitlements. FWC may amend clause 4.7.9(i)(b) if it is satisfied that it wuld perate unfairly in a particular case, r in the instance f cntrived arrangements Incapacity t pay UCH in a particular redundancy case may make an Applicatin t the FWC t have the general severance pay prescriptin amended n the basis f UCH s incapacity t pay. Page18 UCH Clerical Administratin EA v withut prejudice

19 4.5 Incidental r peripheral tasks UCH may direct an emplyee t carry ut such duties as are within the limits f the emplyee s skills, cmpetence and training prvided that such duties are nt designed t prmte de-skilling UCH may direct an emplyee t carry ut duties and use equipment and tls as may be required: Prvided that the emplyee has been prperly trained in the use f such equipment and tls The assignment f incidental r peripheral tasks t an emplyee r a class f emplyees shall: i. be cnsistent with the efficient perfrmance f the emplyee s main task r functins; i be subject t the emplyee having the skills r cmpetence t perfrm the initial tasks; and be cnsistent with UCH s respnsibility t prvide a safe and healthy wrking envirnment. 5 Wages and wage related matters 5.1 Classificatin structure The classificatin structure is attached as Attachment A Paypints fr adult emplyees Each Level 1 t 5 f the structure cntains varying Paypints. Prgressin fr all classificatins fr which there is mre than ne Paypint will be by annual mvement (i.e., 1976 hurs) t the next Paypint, r in the case f a part-time r casual emplyee, 1976 hurs f similar experience. Appintment t a higher Level is t ccur where an emplyee is required t perfrm duties and skills at a higher Level in accrdance with the classificatin criteria. An emplyee may prgress t a higher Level withut having prgressed thrugh all paypints within a lesser Level, subject t meeting reclassificatin criteria and/r by appintment Junirs The minimum rate f wages fr Junir emplyees will be the fllwing percentage f the respective rate prescribed in Appendix 1 Wages Schedule, in either Level 1 r Level 2. Whether the first Paypint in Level 1 r Level 2 is used depends n whether the Junir is perfrming wrk which falls within the criteria f Level 1 (in which case the first adult Page19 UCH Clerical Administratin EA v withut prejudice

20 Paypint f Level 1 is used) r at Level 2, in which case the first adult Paypint in Level 2 is used. Once the Junir emplyee reaches 20 years f age, the emplyee is then paid the full rate f pay at the apprpriate Level and Paypint Classificatin criteria Age % Under 18 years f age years and under 19 years f age 75 i. Classificatin Criteria are guidelines t determine the apprpriate classificatin Level under this Agreement and cnsist f characteristics and typical duties/skills. i iv. The characteristics are the principal r primary guide t classificatin as they are designed t indicate the Level f basic knwledge, a cmprehensin f issues, prblems and prcedures required and the Level f respnsibility/accuntability f the psitin. The ttality f the characteristics must be read as a whle t btain a clear understanding f the essential features f any particular Level and the cmpetency required. The typical duties/skills are a nn-exhaustive list f duties/skills that may be cmprehended within the particular Level. They are an indicative guide nly and at any particular Level emplyees may be expected t undertake duties f any Level lwer than their wn. Emplyees at any particular Level may perfrm/utilise ne such duty/skill, r many f them, depending n the particular wrk allcated. The key issue t be lked at in prperly classifying an emplyee is the Level f initiative, respnsibility/accuntability, cmpetency and skill that the emplyee is required t exercise in the wrk they perfrm within the parameters f the characteristics and nt the duties they perfrm per se. It will be nted that sme typical duties/skills appear in mre than ne Level with little apparent differentiatin. Hwever, when assigning a classificatin t an emplyee, this needs t be dne by reference t the specific characteristics f the Level. Fr example, whilst wrd prcessing and cpy typing are first specifically mentined at Level 2 in terms f typical duty/skill, it des nt mean that as sn as an emplyee perates a wrd prcessr they autmatically becme Level 2. They wuld achieve a Level 2 classificatin when they have achieved the Level f initiative, respnsibility/accuntability, skill and cmpetency envisaged by the characteristics. v. Level 1 in this structure is t be viewed as the Level at which emplyees learn and gain cmpetency in the basic clerical skills required by UCH, which in many cases wuld lead t prgressin thrugh the classificatin structure as their cmpetency and skills increase and are utilised. Page20 UCH Clerical Administratin EA v withut prejudice

21 5.1.5 Reclassificatin criteria In the event that there is a claim fr reclassificatin by an emplyee t a higher Level under this structure n the grund that the emplyee's duties and respnsibilities are reflected within the classificatin criteria fr that Level, the Agreement Dispute Reslutin prcess (clause 3.6) will be fllwed. 5.2 Wage increases The rdinary time rates f pay fr adult emplyees cvered by this Agreement are set-ut in Appendix 1 Wages Schedule The fllwing minimum wage rate increases shall apply t all emplyees thrughut the life f the Agreement:- i. 3.0% frm the 1 st pay perid t cmmence n r after 1 July 2013 (administrative increase authrised and paid, n entitlement t backpay) 3.0% frm the 1 st pay perid t cmmence n r after 1 July 2014; and i 3.0% frm the 1 st pay perid t cmmence n r after 1 July Emplyees receiving a higher rate f wages than that prvided fr in this Agreement shall nt be reduced in wages as a cnsequence f the making f this Agreement. 5.3 Payment f wages Salaries shall be paid by UCH by electrnic funds transfer ( EFT ), frtnightly in arrears. 5.4 Extra payment fr afternn and night shift penalty In additin t the rates f pay prescribed in Appendix 1 emplyees whilst engaged n afternn shift / night shift Mnday t Friday, as defined will be paid an additinal penalty rate fr each shift as fllws: Afternn / night shift 15% All rdinary time wrked n shifts where the majr prtin f the shift is wrked between the hurs f 4.00pm and 8.00am the fllwing day. Page21 UCH Clerical Administratin EA v withut prejudice

22 5.4.1 The shift penalties prescribed in this clause will nt apply t shift wrk perfrmed by an emplyee n Saturday, Sunday r public hliday where the extra payment prescribed by clause 5.5 Extra payment fr weekend wrk and clause Public hlidays is applicable In the instance f a casual emplyee the shift allwance prescribed herein shall be calculated n the relevant base rate f pay exclusive f the casual lading. 5.5 Extra payment fr weekend wrk All rstered rdinary hurs wrked by an emplyee between midnight Friday and midnight Sunday up t and including 10 rdinary hurs in any ne shift, shall be paid in additin t the rdinary rate f pay, an additinal percentage fr weekend wrk as fllws: Saturday 50% Midnight Friday t midnight Saturday Sunday 75% Midnight Saturday t midnight Sunday The weekend penalties prescribed in this clause will nt apply t wrk perfrmed by an emplyee n a public hliday where the extra payment prescribed by clause Public hliday is applicable All time wrked by an emplyee during the abve weekend perid in excess f rdinary hurs in any ne shift shall be paid at the apprpriate vertime rate in lieu f the additinal percentages fr weekend wrk In the instance f a casual emplyee the weekend allwance prescribed herein shall be calculated n the relevant rdinary rate f pay exclusive f the casual lading. 5.6 Meal allwances - vertime An emplyee will be supplied with an adequate meal r be paid a meal allwance f $11.65 in additin t any vertime payment as fllws: i. When required t wrk vertime after the usual finishing hur f wrk beynd 2 hurs, r after mre than ne hur if vertime cntinues beynd 6pm. Prvided that where such vertime wrk cntinues a further meal allwance f $11.65 will be paid fr each cmpleted 4 hurs. The meal allwance will increase in accrdance with the fllwing table. The increase shall perate frm the 1st pay t cmmence n r after: Apprval by FWC Meal allwance $11.73 $12.02 $12.32 Page22 UCH Clerical Administratin EA v withut prejudice

23 5.7 Relieving at a higher classificatin If an emplyee is called upn t perfrm special duties r is delegated respnsibility t act in a classificatin fr which a higher rate f pay applies (than they are receiving), they shall be paid the higher rate f pay fr the whle perid they are delegated the additinal respnsibility If an emplyee is delegated respnsibility t act in a salaried psitin, they shall be paid as per the UCH Higher Duties Plicy. 5.8 Unifrms and prtective clthing Emplyees required t wear unifrms will be supplied with an adequate number f unifrms apprpriate t the rle free f cst t the emplyees. Replacement f all items f unifrm supplied is t be n a fair wear and tear basis. Emplyees with cncerns abut cmplying with the UCH unifrm r crprate dress cde are able t raise their cncerns with their Manager r the Human Resurces department, which will be cnsidered n an individual basis Unifrm prvisins: i. Full-time emplyees, 3 full sets f unifrms will be supplied initially t full-time emplyees and part-time emplyees wh wrk n average 38 hurs r mre per frtnight and thereafter ne set per year. i iv. Part-time emplyees wh wrk less than 38 hurs per frtnight will initially receive 2 full sets and 1/2 set per year. Casual emplyees shall receive ne full set f unifrm after ne mnth s engagement. Additinal requirements can be negtiated n a shift by shift basis as per clause Maternity unifrms will be available fr lan as required and requirements are t be negtiated n an individual basis. Prvided that the prvisin f a cardigan may be substituted upn request by the emplyee in lieu f ne set f unifrms and a vest may be prvided in lieu f ne item f unifrm. Such items are t remain the prperty f UCH. 5.9 Salary packaging Ntwithstanding the wage rates cntained in clause 5.2 and Appendix 1, UCH may by agreement with an emplyee (Full-time, Part-time and casual) intrduce remuneratin packaging in respect f that emplyees salary. The parties agree t review the prvisins f this clause in the event f significant change t existing taxatin laws r the intrductin f new legislatin. Page23 UCH Clerical Administratin EA v withut prejudice

24 5.10 Superannuatin Superannuatin legislatin i. Superannuatin legislatin, including the Superannuatin Guarantee (Administratin) Act 1992 (Cth), the Superannuatin Guarantee Charge Act 1992 (Cth), the Superannuatin Industry (Supervisin) Act 1993 (Cth) and the Superannuatin (Reslutin f Cmplaints) Act 1993 (Cth), deals with the superannuatin rights and bligatins f emplyers and emplyees. i Under superannuatin legislatin individual emplyees generally have the pprtunity t chse their wn superannuatin fund. Under the prvisin f this Agreement, emplyees will have this ptin effective frm 1 March If an emplyee des nt chse a superannuatin fund n cmmencement f emplyment then the NGS Superannuatin Fund, r its successr, applies. The rights and bligatins in these clauses supplement thse in superannuatin legislatin Emplyer cntributins UCH must make such superannuatin cntributins t a superannuatin fund fr the benefit f an emplyee as will avid UCH being required t pay the superannuatin guarantee charge under superannuatin legislatin with respect t that emplyee Vluntary emplyee cntributins i. Subject t the gverning rules f the relevant superannuatin fund, an emplyee may, in writing, authrise UCH t pay n behalf f the emplyee a specified amunt frm the pst-taxatin wages f the emplyee int the same superannuatin fund as the emplyer makes the superannuatin cntributins prvided fr in clause i iv. An emplyee may adjust the amunt the emplyee has authrised their emplyer t pay frm the wages f the emplyee frm the first f the mnth fllwing the giving f ne mnths written ntice t UCH. An emplyee may enter int a written agreement with UCH t salary sacrifice fr superannuatin in accrdance with clause 5.10 f this Agreement. Such salary sacrifice cntributins are in additin t UCH cntributin as specified in clause UCH must pay the amunt authrised under clauses (i) r (ii) n later than 28 days after the end f the mnth in which the deductin authrised under clauses (i) r (ii) was made Superannuatin fund and eligible chice fund Unless, t cmply with superannuatin legislatin, UCH is required t make the superannuatin cntributins prvided fr in clause t anther superannuatin fund Page24 UCH Clerical Administratin EA v withut prejudice

25 that is chsen by the emplyee, UCH must make the superannuatin cntributins prvided fr in clause and pay the amunt authrised under clauses (i) r (ii) t ne f the fllwing superannuatin funds r its successr: i. NGS Superannuatin Fund (UCH default fund); i iv. Sunsuper; Health Industry Plan (HIP); Health Emplyees Superannuatin Trust Australia (HESTA); r v. Any superannuatin fund t which UCH was making superannuatin cntributins fr the benefit f its emplyees befre 31 December 2012, prvided the superannuatin fund is an eligible chice fund Traveling, transprt and fares An emplyee required and authrised t use their wn mtr vehicle in the curse f their duties will be paid an allwance in accrdance with the ATO mileage allwance fr a vehicle s engine size f 1601cc-2600cc. 6 Hurs f wrk and related matters 6.1 Ordinary hurs f wrk The rdinary hurs f wrk fr a full-time emplyee will be an average f 38 hurs per week, 76 hurs per frtnight, r 152 hurs ver 28 cnsecutive days, t be wrked accrding t a rster as fllws: i. In any 4 week wrk cycle there shall be 20 shifts f 7.6 hurs duratin wrked; r i In any 4 week wrk cycle there shall be 19 shifts f 8 hurs duratin wrked, any ne day taken as an accrued day ff, with pay (hereafter referred t as the ADO); r In shifts as required, nt exceeding 10 hurs and nt less than 3 hurs in duratin, with the hurs wrked in excess f an average f 38 hurs per week ver a 4 week cycle being credited twards an ADO. iv. Where shifts greater than 10 hurs per day are t be wrked, such shifts shall nly be wrked by mutual agreement in writing between UCH and the emplyee. Prvided that where shifts f mre than 10 hurs per day are rstered fr wrk, emplyees wrking such hurs cannt be rstered fr wrk n mre than 3 cnsecutive shifts f 10 hurs r mre withut a break f at least 48 hurs, and further prvided that n mre than 8 shifts f mre than 10 hurs can be wrked in a 4 week perid. Page25 UCH Clerical Administratin EA v withut prejudice

26 6.1.2 Unless there is mutual agreement t wrk therwise (as per clause iv and v), the rdinary wrking hurs f all emplyees shall nt exceed 10 hurs per day exclusive f meal breaks and shall be wrked within a spread f 12 hurs calculated frm the cmmencing time. 6.2 Span f hurs Unless therwise stated, the rdinary hurs f wrk fr a day wrker will be wrked between 6.00am and 6.00pm Mnday t Friday Where the wrk lcatin services patients r prvides a service, n a seven day a week basis, the rdinary hurs f wrk fr an emplyee at that lcatin will be between 6.00am and 10.00pm Mnday t Sunday The spread f hurs prescribed may be altered by up t ne hur at either end f the spread prvided there is mutual agreement between UCH and the majrity f emplyees in the wrk sectin r sectins invlved. 6.3 Accrued days ff (ADO) accumulatin and taking f ADOs Where an emplyee is entitled t an ADO in accrdance with the arrangement f rdinary hurs f wrk as set ut in clause 6.1.1(ii) r (iii), ADOs will be taken within 12 mnths f the date n which the first full ADO accrued With the cnsent f UCH, ADOs may be accumulated up t a maximum f 5 in any ne year While n annual leave an emplyee cntinues t accrue time fr the purpse f ADO as if the emplyee has been at wrk. Such accrued time may be taken as additinal time in cnjunctin with annual leave r be accumulated Where an emplyee s accrued day ff falls n a public hliday, anther day, determined by UCH, will be taken instead within the same 4 week wrk cycle, where practical By agreement between the parties, ADOs in excess f 5 days can be paid ut at rdinary rate f pay An emplyee will be paid fr any accumulated ADOs, at their rdinary rate f pay, n terminatin f emplyment. 6.4 Eight hur day and accrual f time ff Subject t the prvisins f clause 6.1.1, emplyees may agree that the rdinary hurs f wrk may be 8 per day r may exceed 8 n any day, thus enabling accrual f time ff at rdinary time rate f pay n ne r mre wrk days during a wrk cycle. Page26 UCH Clerical Administratin EA v withut prejudice

27 6.5 Rsters Emplyees will wrk in accrdance with a frtnightly rster t be agreed frm time t time between UCH and a majrity f emplyees in any wrkplace r part theref The rster will set ut emplyees daily wrking hurs and starting and finishing times and will be displayed in a place cnveniently accessible t emplyees at least 7 days befre the cmmencement f the rster perid Unless UCH therwise agrees, an emplyee desiring a rster change will give 7 days ntice except where the emplyee is ill r in an emergency Unless an emplyee therwise agrees, seven days ntice f a change f rster will be given by UCH t an emplyee. Except that, a rster may be altered at any time t enable the functins f the hspital t be carried ut where a) the change is necessary t meet unfrseen fluctuatins in patient demand fr services; r b) where anther emplyee is absent frm wrk due t illness r an emergency Subject t unfrseen circumstances as per clause and 6.5.4, each emplyee will be allwed 4 whle days free frm rstered wrk in each frtnight. An emplyee s rster may prvide fr any ne f the fllwing cmbinatins f days free, including: i. 2 perids cmprising 2 days each; r i iv. 3 cnsecutive days and ne stand-alne day; r 1 perid f 4 cnsecutive days; r Prvided any ne f these cmbinatins may be varied t enable 2 single days free frm rstered wrk if requested in writing by the emplyee. The days free frm rstered duty t be enjyed by full-time emplyees wrking shifts lnger than 8 hurs and/r shrter than 8 hurs n any day shall be enjyed in a perid r perids n less favurable than thse set ut in fr ther full-time emplyees Inclusin f a casual emplyee in any rster will be deemed t be ntice f likely hurs f emplyment during the rster perid and will nt be deemed t be a guarantee f emplyment fr thse hurs. 6.6 Brken rstered perids f duty Where brken shifts are wrked the spread f hurs shall nt exceed 12 hurs per day. 6.7 Rest breaks between rstered wrk i. An emplyee will be allwed a rest break f nt less than 10 hurs between the cmpletin f ne rdinary wrk perid r shift and the cmmencement f anther rdinary wrk perid r shift. Page27 UCH Clerical Administratin EA v withut prejudice