LOCAL GOVERNMENT EARLY CHILDHOOD EDUCATION EMPLOYEES AGREEMENT 2009

LOCAL GOVERNMENT EARLY CHILDHOOD EDUCATION EMPLOYEES AGREEMENT 2009 Kindergarten Agreement 2009 1

1. TABLE OF CONTENTS Clause Page PART 1 APPLICATION AND OPERATION OF THE AGREEMENT 1 Table of Contents` 2 2 Title 4 3 Context 4 4 Application and Coverage of Agreement 5 5 Council Representation 5 6 Date and Period of Operation 5 7 Variation to the Agreement 5 8 Relationship to Parent Awards and Other Agreements 5 9 No Extra Claims 7 PART 2 CONSULTATION AND DISPUTE RESOLUTION AND GRIEVANCE PROCEDURES 10 Consultation 7 11 Workplace Representatives Rights 8 12 Introduction of Change 8 13 Grievance Procedure 9 14 Dispute Resolution 10 15 Disciplinary Procedure 10 PART 3 EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS 16 Employment Categories 11 17 Mature Aged Employees 12 18 Probation Period 12 19 Redundancy, Redeployment and Retrenchment 12 20 Transmission of Business 13 21 Termination of Employment 13 22 Individual Flexibility Arrangement 14 23 Accident Pay 15 24 Supported Wage System 16 PART 4 - WAGES AND RELATED MATTERS 25 Salary Adjustments and Wage Rates 16 26 Classifications and Wage Rates 18 27 Saturday Work rates Early Childhood Teachers 27 28 Overtime, Time in Lieu and RDOs Early Childhood 27 Education Assistants & Activity Group Leaders 29 Salary Packaging 29 30 Payment of Wages 30 31 Payment for Undergraduate Training 30 32 Allowances and Reimbursements 30 33 Superannuation 32 2

PART 5 HOURS OF WORK and WORK BREAKS 34 Hours of Work 33 35 Allocation of Hours for Organisational Activities 37 36 Group Sizes and Caseload 37 37 Meal and Other Breaks 40 PART 6 - LEAVE OF ABSENCE AND PUBLIC HOLIDAYS 38 Annual Leave 42 39 Assistant and Activity Group Leader 46 Additional Period of Leave (On Call) 40 Annual Leave Loading 47 41 Public Holidays 47 42 Bereavement/Compassionate Leave 48 43 Carer s Leave 48 44 Caring Responsibilities Casual Employees 49 45 Personal Sick Leave 50 46 Infectious Diseases Leave 52 47 Parental Leave and Related Entitlements 52 48 Jury Service 67 49 Long Service Leave 67 50 Leave Without Pay 67 51 Examination Leave 68 52 Conferring of Qualifications Leave 68 53 Cultural and Ceremonial Leave 68 54 Service with Emergency Services Organisations 69 55 Defence Services Leave 69 56 Nursing Mothers 69 57 After Hours Dependent Care 69 58 Learning and Development 70 59 Union Training 70 60 Prenatal Leave 70 61 Position Descriptions 70 62 Employee Induction 71 63 Blood Donors 71 64 Other Entitlements 71 PART 7 - MISCELLANEOUS 65 Definitions 76 Schedule 1 Employers 82 Schedule 2 Classification/Salary Scales 83 Schedule 2A Translation to New Classification Structure 93 Early Childhood Teachers Schedule 2B Translation to New Classification Structure 93 Preschool Filed Officers Schedule 2C Translation to New Classification Structure 94 Early Childhood Education Assistants Schedule 2D Translation to New Classification Structure 94 Activity Group Leaders 3

2. TITLE Schedule 3 Salary Packaging Agreement 95 Schedule 4 Roles and Responsibilities 97 Early Childhood Education Assistants and Activity Group Leaders Schedule 5 Roles and Responsibilities 100 Early Childhood Teachers Schedule 6 Teacher Standards 102 Schedule 7 Term Breaks 114 PART 1 APPLICATION AND OPERATION OF THE AGREEMENT This Agreement shall be known to as the Local Government Early Childhood Education Employees Agreement 2009. 3. CONTEXT Providing the best possible start in life for all Victorian children requires a commitment to ensuring the best educational opportunities and providing concrete reforms to achieve this end. Fundamental to this is ensuring that early childhood services have skilled and committed staff who are supported to deliver their very best in the professional contexts in which they work. The commitments set our below acknowledge the centrality of teacher and assistant practice in improving system and service performance and most importantly, outcomes for children and families. The Parties to which this Agreement applies and covers are committed to the following: (a) (b) Ensuring the delivery of high quality early childhood education programs Implementing the Blueprint for Education and Early Childhood Development and early childhood COAG initiatives such as working towards provision of 15 hours of kindergarten per week in the year before school delivered by a qualified teacher and implement transition plans (kindergarten to school) within available resources. They recognize that (a) (b) (c) on-going professional development of early childhood employees is linked to high quality early childhood education and improved learning opportunities for children. early childhood employees have a responsibility to identify their own professional developmental needs and to undertake continuous learning in order to enhance their knowledge and skills and maintain the standards for the delivery of kindergarten programs. the importance of a commitment by employers to support and encourage professional development particularly in relation to the provision of high quality programs. 4

Further, they acknowledge that the delivery by employers of early childhood education services and programs must be in accordance with the Victorian Government s Children s Services Act 2008 and Regulations 2009 as amended from time to time and may be covered at some time in the future by quality standards and learning frameworks. 4. APPLICATION AND COVERAGE OF THE AGREEMENT This Agreement applies to and covers: the employers listed in Schedule 1; their employees who are engaged in the classifications of work provided by this Agreement the Australian Education Union; and the Liquor Hospitality and Miscellaneous Union. 5. COUNCIL REPRESENTATION The Municipal Association of Victoria shall have the right to represent employers with respect to any matter arising from this Agreement. 6. DATE AND PERIOD OF OPERATION 6.1 This Agreement shall take effect from the day of the day of the order of Fair Work Australia approving the Agreement with a nominal expiry date of 30 April 2013. 6.2 The parties agree that a review of the terms of this Agreement will commence not later than six months prior to its nominal expiry date. 7. VARIATION TO THE AGREEMENT It is agreed between the parties that this Agreement may be varied in accordance with the provisions of the Fair Work Act 2009. 8. RELATIONSHIP TO PARENT AWARDS AND OTHER AGREEMENTS This Agreement shall operate to the total exclusion of the following awards and agreements except as otherwise provided for in this Agreement: o Educational Services Early Childhood Assistants (Victoria) Award 1999 o Early Childhood Teachers Interim Award 1999 o Early Childhood Teachers Multi-Employer Certified Agreement 2005 or any successor thereto o Ballarat City Council Enterprise Agreement No 4, 2003 As extended and varied 11June 2009 AG831509 Version2 o Banyule City Council Enterprise Agreement No.4 2005 As extended and varied 19 December 2008 AG 842803 Version 2 5

o Buloke Shire Council Enterprise Bargaining Agreement No. 4-2005 o Casey City Council Enterprise Agreement 2007 o Corangamite Shire Council Enterprise Agreement 2006 As extended and varied o Glenelg Shire Council Enterprise Agreement No.4 2007 o Municipal Employees (Golden Plains Shire Council) Enterprise Bargaining Agreement No 5-2007 o City of Greater Geelong Enterprise Agreement (No.5) 2006 o Greater Shepparton City Council 2005 Enterprise Agreement As extended and varied AG 845220 Version 2 o Hume City Council Enterprise Agreement (No.4) 2005 2008 As extended and varied 2008 o Knox City Council Enterprise Agreement No.6 2006 o Loddon Shire Council Enterprise Agreement No 5, 2008 o Macedon Ranges Shire Council Enterprise Agreement 2005 As extended and varied AG 846914 Version 2 o Mitchell Shire Council Enterprise Agreement No.4 2005 As extended and varied AG 843012 Version 2 o Moonee Valley City Council Future Directions Enterprise Agreement 2005-2008 As extended and varied AG 843669 Version 2 o Moyne Shire Council Enterprise Bargaining Agreement No.5 As extended and varied AG 847866 o Northern Grampians Shire Council Enterprise Agreement (4) 2005 As extended and varied AG 847082 o Towong Shire Council Enterprise Agreement 2008 o Warrnambool City Council Enterprise Agreement No. 4-2008 o West Wimmera Shire Council Enterprise Bargaining Agreement No 5-2006 o City of Wodonga Enterprise Agreement 2006 As extended and varied AG848075 2 July 2009 o City of Yarra Enterprise Agreement No.4 2004 As extended and varied o Yarra Ranges Shire Council Collective Agreement 2006 o Yarriambiack Shire Council Enterprise Agreement No. 5, 2008 6

9. NO EXTRA CLAIMS 9.1 This Agreement is made in settlement of all claims arising from the union s log of claims of March 2009. There shall be no further claims made or industrial action taken on any matter during the term of the Agreement. 9.2 Notwithstanding sub-clause 9.1 and provided that in the event a successor agreement is not agreed by 30 April 2013 there will be a guaranteed salary increase, consistent with the Department of Early Education and Childhood Development Funding Model at that time, effective as from the first pay period on or after 1 May 2013. PART 2 CONSULTATION, DISPUTE RESOLUTION AND GRIEVANCE PROCEDURES 10. CONSULTATION The parties commit themselves to the following principles: (a) (b) (c) (d) (e) Cooperative and consultative relationships between management, employees and the union; Management, employee and union relationships based on mutual respect, trust and preparedness to consider alternative viewpoints; Negotiations involving a mutual problem solving approach focusing on long term gains for all parties; To work within a progressive industrial relations culture to create a system of highly effective early childhood services with effective workplace practices; Recognition of an appropriate role for workplace representatives In order to facilitate this, where a Consultative Committee has been established under the provisions of the relevant employer s current enterprise bargaining agreement and that Committee is dealing with matters which may impact on the employees covered by this Agreement, the employer shall ensure that the representative/s of employees covered by this Agreement shall be consulted on those matters. In order to facilitate this, the representative/s shall be provided with a copy of the agenda for each meeting of the Consultative Committee. Where a Consultative Committee has not been established or a matter applies solely to the employees to whom this Agreement applies, the relevant employer shall ensure that the representative(s) of employees covered by this Agreement shall be consulted on those matters. (f) In support of these principles the following will apply: (i) Reasonable access will be granted to employees for the use of the employer s electronic communications systems such as internet and email in a responsible manner for the purposes of effective communication to send and receive emails to and from their nominated employee representative(s). 7

(ii) (iii) The use of the Internet and email to communicate with the relevant nominated employee representative shall not unduly interfere with the effective operations of the service and shall be in accordance with the employer s policy regarding the use of information technology. The use of the internet and email will at all times protect the privacy of children, staff, parents and the employer. All confidential information regarding the operations of the service shall not be disclosed unless authorised by the employer or required by law. 11. WORKPLACE REPRESENTATIVES RIGHTS The nominated workplace representatives will be assisted and encouraged by employers in the fulfillment of their duties. Provided however where the workplace representative has rights beyond this as specified in the relevant employer s current enterprise bargaining agreement, those provisions shall apply. To avoid doubt this includes provisions such as, but not limited to, union, dispute resolution and employee relations training. 12. INTRODUCTION OF CHANGE 12.1 Council to Notify Where an employer has made a definite decision to introduce major changes in service delivery, program design, organisation structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any. 12.2 Significant Effects These include termination of employment, major changes in composition, operation or size of the employer s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this Agreement makes provision for alteration of any of these matters an alteration is deemed not to have significant effect. 12.3 Council to Discuss Change 12.3.1 The employer must discuss with the employees affected and their representative, if any, the Introduction of the changes referred to in clause 12.1, effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes. 12.3.2 The discussions must commence as early as practicable after a definite decision has been made by the employer in accordance with clause 12.1. 8

12.3.3 For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer s interests. 13 GRIEVANCE PROCEDURE 13.1 The parties recognise that from time to time employees may have grievances which need to be resolved in the interest of good relationships. 13.2 It is the objective of this procedure to ensure that grievances are resolved by negotiation and discussion and without unnecessary delay. 13.3 The following procedure shall apply: (a) (b) (c) (d) (e) (f) (g) (h) The employee shall attempt in the first instance to resolve the matter with his/her immediate superior directly. A nominated employee representative shall be present if requested by the employee. If the employee still feels aggrieved then the matter shall be referred to his/her department head directly. A nominated employee representative shall be present if requested by the employee. If the grievance is still unresolved, the matter shall be referred to senior management directly. A nominated employee representative shall be present if requested by the employee. If the grievance is still unresolved a meeting of the parties, including the employer organization and a nominated employee representative, shall be arranged at the request of any party. It is agreed that the requirements of this clause shall be fulfilled within seven days unless it is agreed by the aggrieved employee that this period may be extended to a maximum of 14 days Until the grievance is determined, the employee shall continue normal work unless health and safety matters are involved. No party shall be prejudiced as to the final settlement by the continuance of work. If the grievance is not settled the matter may be referred by either party to Fair Work Australia (FWA) for decision. 9

14 DISPUTE RESOLUTION 14.1 In the event of a dispute about a matter under this Agreement, in the first instance the parties to the dispute must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties to the dispute will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate. 14.2 If a dispute about a matter arising under this Agreement is unable to be resolved at the workplace, and all appropriate steps under clause 14.1 have been taken, a party to the dispute may refer the dispute to Fair Work Australia (FWA). 14.3 The parties agree that in the first instance Fair Work Australia (FWA) will seek to determine the matter by conciliation between the parties to the dispute. 14.4 Where the matter in dispute remains unresolved, the parties agree that Fair Work Australia (FWA) shall determine the matter by the use of its arbitral powers. 14.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause. 14.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this Agreement and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work that is safe and appropriate for the employee to perform. 15 DISCIPLINARY PROCEDURE 15.1 The employer shall ensure that the principles of procedural fairness underpin any investigation into an employee s performance or conduct. 15.2 This clause shall not apply to casual assistants, emergency, relief and probationary employees. 15.3 Where the employer decides disciplinary action is necessary, the employer shall notify the employee in writing of the reasons why the disciplinary action is being taken in relation to the employee s conduct or performance. 15.4 The employer and employee/s shall meet to discuss the reasons why the employer is taking disciplinary action. 15.5 The employee shall be given an opportunity to respond to any allegations of unsatisfactory conduct or performance including the reasons why the employer is taking disciplinary action. 15.6 Unless the conduct is of a serious or willful nature that warrants immediate termination of employment, the first warning must be both verbal and written. It shall be recorded on the employee s personnel file and a copy shall be given to the employee. A nominated employee or employer representative shall be present if requested by any party 10

15.7 If the unsatisfactory conduct or performance continues a second and final warning must be both verbal and in writing A copy must be given to the employee. It shall be recorded on the employee s personnel file and a copy shall be given to the employee. A nominated employee or employer representative shall be present if requested by any party. 15.8 In the event of the matter recurring, the employment may be terminated in accordance with this Agreement 15.9 If a dispute should arise over the disciplinary action the matter may be referred by either party to Fair Work Australia (FWA) for conciliation in the first instance and if the matter remains unresolved Fair Work Australia (FWA) shall determine the matter by use of its arbitral powers. 15.10 If after a warning has been issued, and a period of twelve months elapses without any further warnings or action being required, all reports relating to the warning must be removed from the employee s personnel file and the employee must be advised of this action in writing. 15.11 In cases of serious and willful misconduct summary dismissal may only result after the conduct and/or performance has been investigated and the employee has had an opportunity to respond to the allegations. PART 3 EMPLOYMENT AND RELATED ARRANGEMENTS 16 EMPLOYMENT CATEGORIES Employees covered by this Agreement shall be employed in one of the following categories: 16.1 Full-time Employee A full time employee is ordinarily employed for (38) thirty-eight hours per week with the exception of Preschool Play Leaders who are ordinarily employed for a period of (35) thirty-five hours per week and Early Childhood Teachers who for the 2009 preschool year shall ordinarily be employed for (40) forty hours per week. 16.2 Part-time Employee A part time employee, other than an emergency and/or relief teacher, is ordinarily employed on a permanent basis for a constant number of hours less than 38 hours per week or in the case of an Early Childhood Teacher during the 2009 preschool year, a constant number of hours for less than 40 hours per week. A part time employee shall be entitled to pro rata conditions and benefits under this Agreement. 16.3 Casual, Emergency and Relief Employment 16.3.1 An Emergency Early Childhood Teacher means an employee appointed to meet a sudden emergency, replacing an Early Childhood Teacher for periods up to and including 4 days. Where a permanent part time employee agrees to provide emergency relief this shall subject to clause 26.11. 11

16.3.2 A Relief Early Childhood Teacher means an employee appointed on a temporary basis for a pre-arranged period of more than 4 days on a full-time or part-time basis, and shall receive the same entitlements specified in this Agreement as applied to the employee she/he is replacing. 16.3.3 A casual Assistant means an employee engaged on an ad hoc basis classified as an Early Childhood Education Assistant, Additional Assistant (Special Needs) or Activity Group Leader, engaged and paid as such but shall not include employees who are required to work a constant number of hours each week 17. MATURE AGED EMPLOYEES 17.1. Employees under relevant anti-discrimination legislation cannot be discriminated against in their employment on the basis of their age. 17.2. Such employees shall continue to receive terms and conditions of employment in accordance with this Agreement and relevant legislation in relation to matters such as long service leave, superannuation and WorkCover. 18. PROBATION PERIOD 18.1 Where an employer elects to implement a probationary period, such probationary period shall be notified to the employee in writing by the employer on appointment and be of 12 weeks duration wholly within term time. 18.2 During the probationary period the employment may be terminated by at least one day's notice given in writing by either party or by the payment or forfeiture of, as the case may be, of the one day's wages in lieu of such notice. Such payment shall be in addition to payment for the time worked up to the actual date of termination of employment. 18.3 Where an employer proposes to terminate the employment of an employee pursuant to 18.2 for reasons related to the conduct and/or performance of the employee, the employer, if requested by the employee, shall advise the employee of these reasons. 18.4 Notwithstanding the provisions of 18.1, where within the period of probationary employment, the employee is absent from the workplace for periods greater than 5 consecutive working days, the period of probationary employment may be extended by the period of the employees absence. 18.5 Where the employer elects to extend the period of probationary employment under these provisions, the employer shall advise the employee in writing of this extension not later than 7 days after the period of absence provided notice occurs prior to the completion date of the initial notice period. 19 REDUNDANCY, REDEPLOYMENT AND RETRENCHMENT 19.1 In the event that a position held by an employee covered by this Agreement is made redundant the provisions of the relevant employer s enterprise bargaining agreement in force at the time shall apply in respect of redundancy, redeployment and retrenchment. 12

19.2 Notwithstanding 19.1 an employer shall not be required to provide any of the applicable severance entitlements to an employee in the circumstances where the Victorian State Government assumes direct responsibility for the delivery of early childhood services and the employee becomes an employee of the State Government under the process of transmission of business. 20 TRANSMISSION OF BUSINESS In the event that a body assumes direct responsibility for the delivery of early childhood services the provisions of the relevant employer s enterprise bargaining agreement in force at the time shall apply in respect of the transmission of business. 21 TERMINATION OF EMPLOYMENT 21.1 Notice of termination or payment in lieu by an employer 21.1.1 An employer shall not terminate an employee s employment unless the employer has given the employee written notice of the day of the termination (which cannot be before the day the notice is given) 21.1.2 Clause 21.1.1 shall not apply to any of the following employees: (a) (b) (c) (d) (e) an employee employed for a specified period of time or for a specific task; an employee serving a period of probation in accordance with this Agreement; an employee serving a qualifying period in accordance with the Act; an employee whose employment is terminated because of serious or wilful misconduct; and a casual employee 21.1.3 The notice of termination may be given to an employee by: (a) (b) (c) delivering it personally; or leaving it at the employee s last known address; or sending it by pre-paid post to the employee s last known address 21.1.4 The employer must not terminate the employee s employment unless: (a) (b) the time between giving the notice and the day of termination is at least the required minimum period; or the employer has paid the employee payment in lieu of notice of at least the amount the employer would have been liable to pay at the full rate of pay for the hours he/she would have worked had the employment continued until the end of the minimum period of notice. That total must be calculated on the basis of: 13 (i) (ii) (iii) the employee s ordinary hours of work being the agreed hours or the average hours over a 12 month period; and the amounts ordinarily payable to the employee in respect of those hours, including (for example) allowances, loading and penalties; and any other amounts payable under the employee s contract of employment.

21.1.5 The minimum period of notice required to be given to an Early Childhood Education Assistant or Activity Group Leader is as follows unless such other period of notice is agreed between the employee and the employer: Continuous service Not more than 1 year More than 1 year but not more than 3 years More than 3 years but not more than 5 years More than 5 years Period of Notice 1 week 2 weeks 3 weeks 4 weeks The minimum period of notice required to be given to an Early Childhood Education Teacher, Preschool Field Officer, or an Adviser, is four weeks unless such other period of notice is agreed between the employee and the employer. 21.1.6 The period of notice shall be increased by 1 week if the employee is over 45 years old and has completed at least 2 years of continuous service with the employer at the end of the day the notice is given. 21.1.7 Where an employer has given notice of termination to an employee, an employee shall be allowed up to 1 day s time off without loss of pay for the purpose of seeking other employment. The time off shall be taken at times that are convenient to the employee after consultation with the employer. 21.1.8 The employment of a casual Assistant or Activity Group Leader shall be terminated by at least one hour s notice. 21.2 Notice of termination by an employee 21.2.1 The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. 21.2.2 If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this Agreement, an amount not exceeding the amount the employee would have been paid under this Agreement in respect of the period of notice required by this clause less any period of notice actually given by the employee. 22 INDIVIDUAL FLEXIBILITY ARRANGEMENT 22.1 An employer and an employee covered by this Agreement may agree to make an individual flexibility arrangement to vary the effect of terms of the Agreement if: (a) The Agreement deals with one or more of the following matters: (i) (ii) (iii) (iv) (v) arrangements for when work is performed; overtime rates; penalty rates; allowances; leave loading; and 14

(b) the arrangement meets the genuine needs of the employer and employee in relation to 1 or more of the matters mentioned in paragraph (a); and (c) the arrangement is genuinely agreed to by the employer and employee. 22.2 The employer must ensure that the terms of the individual flexibility arrangement: (a) (b) (c) are about permitted matters under section 172 of the Fair Work Act 2009; and are not unlawful terms under section 194 of the fair Work Act 2009; and result in the employee being better off overall than the employee would be if no arrangement was made. 22.3 The employer must ensure that the individual flexibility arrangement: (a) (b) (c) (d) is in writing; and includes the name of the employer and employee; and is signed by the employer and employee and if the employee is under 18 years of age, signed by a parent or guardian of the employee; and includes details of: (i) the terms of the Agreement that will be varied by the arrangement; and (ii) (iii) how the arrangement will vary the effect of the terms; and how the employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and (e) states the day on which the arrangement commences. 22.4 The employer must give the employee a copy of the individual flexibility arrangement within 14 days after it is agreed to. 22.5 The employer or employee may terminate the individual flexibility arrangement: (a) by giving no more than 28 days written notice to the other party to the arrangement; or (b) if the employer and employee agree in writing at any time. 23. ACCIDENT PAY 23.1 Where an employee becomes entitled to weekly compensation payments pursuant to the Accident Compensation Act 1985 (the Act), the employer will pay to the employee an amount equivalent to the difference between: (a) the level of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated, and 15

(b) the amount that would have been payable under this agreement for the classification of work if the employee had been performing their normal duties, provided that such rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments. 23.2 Accident pay shall not apply in respect of any injury during the first five working days of incapacity. 23.3 Accident pay shall not apply to any incapacity occurring during the first two weeks of employment, unless such incapacity continues beyond the first two weeks. 23.4 Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall not be subject to the accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month. 23.5 The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 39 weeks for any one injury, or the number of weeks as prescribed in the relevant employer s current enterprise bargaining agreement, whichever is the greater. 23.6 Where an employee receives a weekly payment under this section and subsequently such payment is reduced pursuant to the Act, such reduction will not increase the liability of the employer to increase the amount of accident pay in respect of that injury 24 SUPPORTED WAGE SYSTEM This agreement incorporates in its entirety the model clause adopted by the Full Bench of the Commission in the Award Modernisation Program. PART 4 WAGES AND RELATED MATTERS 25. SALARY ADJUSTMENTS AND WAGE RATES 25.1 Employees whose terms and conditions of employment are subject to this Agreement shall have their salary adjusted in accordance with the following: 25.1.1 On approval of this Agreement by Fair Work Australia (FWA) the following payments shall be made: Lump Sum Payments $1,500 Senior Advisers (excluding employees employed as PSFOs, Advisers and Level 1 Senior Advisers immediately prior to the commencement of this Agreement) $1,000 - Teachers (excluding employees employed as level 1-1A, 1-1B and 1-1 immediately prior to the commencement of this Agreement) $ 500 Assistants (excluding employees employed as level 1 immediately prior to the commencement of this Agreement) Pro rata payments shall be made to eligible part time employees Salary Increase 16 The increase set out in Schedule 2 effective as from the first payment period on or after 3 May 2009.

25.1.2 In addition to the salary increases provided for in sub-clause 25.1.1 further salary increases as set out in Schedule 2 shall apply from the first pay period on or after, 25.2 Notwithstanding 25.1: o 27 January 2010 (Part time employees only) o 1 May 2010 o 1 May 2011 o 1 May 2012 Employees who are Early Childhood Education Assistants or Activity Group Leaders and who at the date of any of the salary increases specified above are paid a rate higher than the rates set in Schedule 2 shall continue to receive salary increases at the rate and time payable under the relevant employer s current enterprise bargaining agreement, as specified at clause 8 of this Agreement, for its term. Further increases at the rate of 2.71% shall be payable in accordance with 25.1.2 where the current Council enterprise bargaining agreement reaches its nominal expiry date during the term of this Agreement 25.3 Where the salary rates for Early Childhood Teachers, Preschool Field Officers and Advisers payable under this Agreement are lower than the salary currently paid to the employee as at the date of approval of this Agreement, the employee shall continue to be paid at their current rate. 25.4 Where the provisions of 25.3 apply, future salary increases under this Agreement shall be absorbed within the employee s current salary rate until such time as the salary rate in this Agreement exceeds the existing salary payable to the employee. 25.5 At the date of approval of this Agreement, employees shall be translated to the new classification structure in accordance with Schedules 2A 2D as appropriate. 25.6 Junior employees must be paid the following percentage of the appropriate wage rate. Age % Under 16 years of age 45 16 years of age 50 17 years of age 60 18 years of age 70 19 years of age 80 20 years of age 90 Effective as from 1 January 2012 the minimum age for an employee will be 18 years of age. 25.7 An Emergency Early Childhood Teacher shall receive a minimum payment of 3.5 hours on any one day based on level 1.2 plus a 25% loading. This loading shall be in lieu of entitlements to annual leave, annual leave loading, carer s leave, bereavement/compassionate leave, and personal sick leave. 17

26. CLASSIFICATIONS AND WAGE RATES Early Childhood Teachers, Preschool Field Officers, & Advisers 26.1 Application of Incremental Range Early Education Teachers 26.1.1 An Early Childhood Teacher who holds one of the following qualifications may proceed under the rules of progression to Exemplary Level 3-4: (a) (b) (c) 3 year Early Childhood Teaching Degree or Diploma (employed on or before 17/2/2006) 4 year Early Childhood Teaching degree Relevant Graduate Diploma or equivalent as approved by the Victorian Branch of Early Childhood Australia Early Childhood Teachers as provided for in (b) and (c) employed on or after 1 July 2006 shall commence at the rate prescribed for Graduate Level 1-1. 26.1.2 An Early Childhood Teacher holding a 3 year Early Childhood Teaching Degree or Diploma, employed as an Early Education Teacher after 17/2/2006 may proceed under the rules of progression to a maximum of Accomplished Level 2-4. Where they are employed on or after 1 July 2006, they shall commence at the rate prescribed for Graduate Level 1-1A. 26.1.3 An Early Childhood Teacher holding a 3 or 4 year Primary Teaching Diploma or Degree, employed as an Early Education Teacher may proceed under the rules of progression to a maximum of Accomplished Level 2-2. Where they are employed on or after 1 July 2006, they shall commence at the rate prescribed for Graduate Level 1-1A. 26.1.4 Early Education Teachers (Primary) who obtain a minimum equivalent further one year of full-time tertiary early childhood studies shall be entitled to access the rates set out for Early Education Teachers and will translate in accordance with clause 26.9.2 provided that the combined qualifications of the employee after obtaining the additional qualifications are equivalent to those noted in 26.1.1. 26.2 Application of Incremental Range - Preschool Field Officers, Advisers 18 26.2.1 Preschool Field Officers and Adviser Preschool Field Officers and/or Advisers who hold a Diploma of Teaching (Early Childhood) or its equivalent approved by the Victorian Branch of Early Childhood Australia shall be paid at the rate applicable for PSFO/Advisers Level 1 on commencement and may proceed under the rules of progression as provided in clause 26.6.

26.3 Early Childhood Teacher Incremental Progression Within Each Classification Professional Development and Enhancement Program 26.3.1 Progression through the levels within a classification range (Graduate, Accomplished or Exemplary) shall be on the basis of the completion of 12 months service and the required quantum of professional development as provided in 26.4.3. 26.3.2 From the date of certification of this Agreement, in determining the total time to qualify as service for the next increment in the case of an Early Childhood Relief Teacher as defined, including a Replacement Employee, periods of employment of less than four weeks in any one kindergarten shall not be taken into account. 26.4 Professional Development and Enhancement Program 26.4.1 A shared contribution to professional development shall be consistent with the principles in Clause 3, and both employees and employers will contribute to the achievement of agreed professional development objectives. 26.4.2 It is acknowledged that teachers make a contribution of their own time and resources and that in addition to the provision of paid time for teachers to undertake professional development, as provided at 26.4.5 and 26.4.12 an employer may reimburse or meet part or all of the costs of professional development. 19 26.4.3 Full-time employees shall be required to complete 4 days of professional development activities in the 12 months immediately preceding their incremental anniversary date (pro-rata part-time employees). These obligations shall continue apply to employees who have reached the top of their respective classification. 26.3.4 The 4 professional development and enhancement program days shall include 2 child free days. 26.4.5 The determination of professional development activities undertaken on the 2 child free days shall be established within the context of the objectives contained within employees professional development and enhancement plans. 26.4.6 An employer may utilise one of the two childfree days for a formal professional development activity such as a staff conference the scheduling of which shall be determined in consultation with staff. Employees will be expected to attend the employer s professional development day if it is the employees allocated child free day. The employer when determining the program for that day shall consider the professional development objectives of their employees. 26.4.7 An employee, when determining the professional development activity for the second child free day, may choose to participate in additional employer provided professional development of the nature referred to on 26.4.6 should this be available. However they are not obliged to do so and may participate in other professional development activities that meet their agreed professional development objectives in consultation with the employer. 26.4.8 As part of the PDEP, employees should identify professional development and enhancement activities to be undertaken which relate to their identified objectives determined in consultation with the employer support their learning and improve their capacity to undertake their role effectively.

26.4.9 In establishing their plan and identifying appropriate professional development and enhancement activities, the employee shall, where applicable, take into account: (a) their professional and work related goals (b) their professional learning and training need in the context of skill development and acquisition and the teacher standards (c) the particular needs of the children and families within the service. (d) the organisational needs of the employer 26.4.10 The employee shall prepare their PDEP within three months of their incremental anniversary date each year, a copy of this plan shall be provided to the employer for approval, and the employer shall record their endorsement of the PDEP. 26.4.11 An employee, when scheduling one or more of the child free days, shall advise the employer of the professional development activity they seek to undertake and seek the employer s approval of the scheduling of that day(s) to ensure that the professional development does not interrupt the kindergarten program. Approval shall not unreasonably be withheld. 26.4.12 In scheduling the remaining professional development activities the employee may use unpaid time but may also use paid time by agreement with the employer. 26.4.13 Prior to the end of the PDEP cycle the employee shall provide evidence to the employer of the completion of the required professional development. 26.4.14 The employer shall confirm in writing to the employee their successful completion of requirements leading to an incremental progression. 26.4.15 Where an employee changes employment during the course of their incremental year, the employee shall provide to their new employer a copy of their PDEP plan approved by the former employer as well as details of all professional development and enhancement activities already undertaken. The new employer shall ensure that the PDEP plan of the teacher accommodates their organisational needs. The PDEP plan remains in force for the remainder of that incremental year. Provided further, that the new employer may request a revised PDEP plan be submitted within a three month period in which case the employee shall retain full credit for all professional development and enhancement activities completed under the PDEP plan with the former employer. 26.4.16 Where an employee fails to complete the required quantum of professional development within the relevant period, her/his incremental progression may be deferred for periods of up to three months at a time in order to provide the opportunity for the employee to complete the required professional development. Any deferral should be documented by the employer in writing and a copy provided to the employee. On the completion of the required professional development the increment shall proceed from that date after suitable documentary evidence is provided to the employer. This date becomes the employees new incremental anniversary date. 20

26.4.17 Situations may arise where the failure to undertake the required quantum of professional development may be for reasons beyond the control of the employee and which directly affect the capacity of the employee to undertake their professional development activities, such as, but not limited to, extended absences on paid sick leave. In such cases where requested by the employee in writing within three months of the end of the incremental year, the employer will provide the employee with an opportunity to undertake the quantum of professional development within a further period of three months from the date of the employer giving its approval. Provided the employer subsequently deems the employee to have met the requirements within the agreed extended time period, any increase in wage rates will be backdated to the employee s incremental anniversary date. 26.4.18 Situations may arise where employees are unable to undertake the required quantum of professional development due to continuous paid absences of illness or injury during the entire incremental year. In this case the employer will seek to ensure the employee is not disadvantaged in relation to an entitlement to increment. 26.4.19 Where an employee feels aggrieved about any decision undertaken throughout the process outlined in this clause, the employee may appeal that decision through the processes as provided within clause 13 - Grievance Procedure. 26.5 Provisions for Relief and Replacement Early Childhood Teachers Incremental Progression Within Each Classification Professional Development and Enhancement Program 26.5.1 In order to determine the relevant quantum of professional development for a Relief Early Childhood Teacher the incremental year will be divided into two six month periods of service, 1 January 30 June and 1 July 31 December. 26.5.2 The quantum of professional development to be completed by a Relief Early Childhood Teacher in each six month period shall be based on the average weekly hours of service in the immediately preceding six month period. 26.5.3 In order to fulfil the provisions of this clause, a Relief Early Childhood Teacher shall maintain a log of service for each period of employment, including the name of the service, dates of commencement and cessation of employment and hours of employment. 26.5.4 Evidence of eligibility for increment entitlements shall be provided by Statutory Declaration by the teacher concerned. 26.6 Pre-school Field Officers Incremental Progression Within Each Classification Professional Development and Enhancement Program 26.6.1 The provisions of Clause 26 shall apply except that in relation to 26.4.3 pre-school field officers shall be required to complete 8 days of professional development per annum of which 4 days shall be child free days. 26.6.2 In order to progress to level 2 of the Adviser Classification Scale a pre-school field officer must have completed two years at level 1, in addition to the professional development as specified at 26.6.1. 21

26.7 Early Childhood Teacher Incremental Progression - Progression Between Classification Levels Application Process 26.7.1 No more than six months prior to their eligibility for reclassification, a teacher may submit a Notice of Intention to apply for validation. A copy of the notice shall be provided by the teacher to the employer. 26.7.2 The teacher will prepare all relevant evidentiary material and documentation pertinent to the standards for the classification into which they seek to be reclassified. This information shall be included with the Application for Validation to detail how the required standards 26.7.3 The teacher shall complete and submit the Application for validation no less than three months prior to their incremental anniversary date 26.7.4 The teacher may withdraw the application at any time and they shall advise the employer in writing of their decision. 26.7.5 A validator shall undertake a review of the material provided by the teacher in the context of the relevant standards. Once the application, including the supporting material, has been assessed the validator shall complete the Validators Section of the Application for Validation, indicating their recommendation and provide a copy to the employer. 26.7.6 The employer shall consider the teacher s Application for Validation and the validator s recommendation, and complete the Employer Section of the Application for Validation, indicating their view, and return it to the validator within 21 days of the date it was received by the employer. 26.7.7 Where the recommendations of the validator and the employer unanimously endorse the application for reclassification, the validator shall confirm reclassification in writing to both the teacher and the employer. The teacher s salary shall be adjusted from their incremental anniversary date. 26.7.8 Notwithstanding the provisions of 26.7.7 where an Application for Validation is submitted less than 3 months prior to the teachers incremental anniversary date, reclassification and the associated salary adjustment shall be delayed by the same period. Extensions of time 26.7.9 A once only extension of time of up to 4 weeks may be provided by a validator where, having considered the Application for Validation, the validator determines that particular requirement(s) have not been met by the teacher. Confirmation of the extension of time shall be provided in writing by the validator to both the teacher and the employer. 26.7.10 Where an extension of time is provided, the validator shall provide the teacher with specific information and reasons about the particular standard(s) that have not been met and the teacher shall address these specific issue(s). 22 26.7.11 On or before the expiry of the extension period, the teacher shall provide to the validator a second submission of evidence to support their application for reclassification.

26.7.12 The validator shall undertake a review of the second submission provided by the teacher in the context of the particular standard(s) previously determined not to have been met. 26.7.13 Having determined whether, in their view, the teacher has now met the standards, the validator shall complete the Validators Section of the Application for Validation, indicating the validators recommendation and provide a copy to the employer. 26.7.14 The employer shall consider the teacher s Application for Validation and the recommendation of the validator, complete the Employer Section of the Application for Validation, indicating their view, and return it to the validator within 21 days of the date it was received by the employer 26.7.15 Where the recommendations of the validator and the employer unanimously endorse the application for reclassification, the validator shall confirm reclassification in writing to both the teacher and the employer. The teacher s incremental anniversary date shall be adjusted by the period of the extension of time and the salary increased from that date. Non-unanimous Recommendations for Reclassification 26.7.16 In the case where the recommendations of the validator and employer are not unanimous, a second validator shall undertake a site visit and determine whether, in the second validator s view, the requirements in dispute have been met. 26.7.17 Following the site visit, where in the view of the second validator the requirements for reclassification have been met, the second validator will endorse the Application for Validation and forward a copy to the employer. 26.7.18 The employer shall reconsider the teacher s Application for Validation and the second validator s endorsement, complete the Employer Section of the Application for Validation, indicating their view, and return it to the second validator within 21 days of the date it was received by the employer. 26.7.19 Where the recommendations of the second validator and the employer unanimously endorse the application for reclassification, the second validator shall confirm the successful reclassification in writing to both the teacher and the employer. The teacher s salary shall be adjusted and, provided the application was made by the teacher within the prescribed timeframes prior to the incremental anniversary date, backdated to the teacher s incremental anniversary. 26.7.20 Where in the view of the second validator the requirements for reclassification have not been met, the second validator will advise the teacher and employer in writing. 26.7.21 In the circumstances as provided by 26.7.20 the teacher shall not be eligible to reapply for reclassification for 6 months from the date of the second validator s decision. 26.7.22 Where the recommendations of the validator and the employer are not unanimous the matter will be determined by the Validation Resolution Committee (VRC). 23