School
Support Staff (Catholic Independent Schools) (State) Award 2009
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Independent Education Union, Industrial Organisation of Employees.
(No. IRC 2275 of 2008)
Before Commissioner
McLeay
|
22 December 2008
|
AWARD
PART A
CONDITIONS
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Contract
of Employment
4A. Secure
Employment
5. Redundancy
6. Wages
7. Payment of
Wages
8. Work
During Pupil Vacation Periods
9. Hours
10. Implementation
of 38 Hour Week
11. Overtime
12. Tea Break
13. Meal Breaks
14. Public
Holidays
15. Annual
Leave and Payment on Termination
16. Annual
Leave Loading
17. Sick Leave
18. Catholic
Personal/Carer's Leave
19. Parental
Leave - Schedule A Schools
20. Parental
Leave - Schedule B Schools
21. Long
Service Leave - Schedule A Schools
21A. Long Service
Leave - Schedule B Schools
22. Bereavement
Leave
23. Jury
Service
24. Meal
Allowances
25. Other
Allowances
26. Travelling
Expenses
27. Miscellaneous
Conditions
28. Disputes
Avoidance and Grievance Procedure
29. Superannuation
30. Anti-Discrimination
31. Fair
Procedures for Investigating Allegations of Reportable Conduct and Exempt
Allegations Pursuant to the Ombudsman Act 1974
32. Labour
Flexibility
33. No Extra
Claims
34. Leave
Reserved
35. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
Schedule A - List of Catholic Independent Schools Covered
by this Award and Bound by Clause 19
Schedule B - List of Catholic Independent Schools Covered
by this Award and Bound by Clause 20
PART C
INDICATIVE DUTIES OF SCHOOL ASSISTANTS
PART D
REDUNDANCY
2. Title
This award shall be known as the School Support Staff
(Catholic Independent Schools) (State) Award 2009.
3. Definitions
(i) "Award"
means the School Support Staff (Catholic Independent Schools) (State) Award
2009.
(ii) "Basic
Earnings" mean the minimum rate of pay prescribed for an employee by the
award.
(iii) "Employee"
means any employee employed in a clerical and administrative capacity and any
employee other than a teacher who is employed to assist and support the
principal, teaching staff and other school officers in the day to day functions
of the school, including incidental cleaning, but excluding those persons
employed solely for the purpose of cleaning, and excluding persons employed
under the Maintenance and Outdoor Staff (Catholic Schools) (State) Award 2005.
Provided that employees may include school assistants
such as food technology assistants, art assistants, TAS assistants, music
assistants, agriculture assistants, print room assistants, laboratory
assistants, library/audio-visual assistants, book room assistants, bi-lingual
aides and teachers’ aides.
Employees shall not be deployed instead of a teacher to
conduct classroom lessons.
(iv) "Full-time
Employee" means an employee who works 38 hours per week.
(v) "Part-time
Employee" means an employee who works a constant number of ordinary hours
less than 38 per week.
(vi) "Casual
Employee" means an employee engaged and paid as such.
(vii) "Employer"
means the employer of an employee to whom the award applies.
(viii) "Union"
means, for an employee employed in a clerical and administrative capacity
either the New South Wales Independent Education Union or the New South Wales
Local Government, Clerical, Administrative, Energy, Airlines and Utilities
Union and for an employee employed as a school assistant or shop employee means
the New South Wales Independent Education Union.
(ix) "Fund"
means either:
(a) The New South
Wales Non-Government Schools Superannuation Fund; or
(b) any other
superannuation fund approved in accordance with the Commonwealth operational
standards for occupational superannuation funds which the employee is eligible
to join and which is approved by the employer as a fund into which an employee
of that employer may elect to have the employer pay contributions made pursuant
to the award in respect of that employee including any Catholic diocesan
superannuation fund existing as at the date of this award which is approved in
accordance with the standards and is approved by the employer.
4. Contract of
Employment
(i) Letter of
Appointment
On appointment, the employer shall provide to an
employee, other than a casual employee, a letter setting out the following:
(a) the major and
substantial duties of the employee (ie. either clerical/administrative, shop
employee or those of a school assistant);
(b) the
classification and rate of pay of the employee;
(c) the number of
hours to be worked each week and the number of weeks or days to be worked
throughout the year;
(d) a statement in
relation to superannuation entitlements; and
(e) whether the rate
of pay is payable during term time only or throughout the year in accordance
with paragraph (c) of subclause (xii) of clause 6, Wages.
If there is a requirement to work during school
vacations, except in accordance with clause 8, Work During Pupil Vacation
Periods, the number of such days to be worked shall be clearly specified.
(ii) Stand down -
School Assistants and Shop Employees
(a) Subject to clause
10, Implementation of 38 Hour Week, a school assistant or shop employee may be
stood down on leave of absence without pay during all school vacation periods
when no work is available. Provided
that the contract of employment shall be deemed not to have been broken for all
award and statutory purposes by such leave of absence during vacation
periods. Provided that such leave of
absence during pupil vacation periods shall count as service for all award and
statutory purposes.
(b) Where the
employment of an employee is terminated by the employer in accordance with the
provisions of this clause through no fault of the employee within one week of
the end of any school term or during the following vacation, and such employee
whose services are so terminated is re-employed by the same employer before the
expiration of two weeks after the commencement of the next school term, the
contract of employment shall not be deemed to have been broken for the purposes
of the Long Service Leave Act, 1955.
(iii) Termination of
employment
(a) Except for the
first week of employment, the employment of a full-time or part-time employee
may be terminated by either party by giving notice to the other party as set
out in the following table "Period of Notice", or by the payment or
forfeiture of the equivalent wages in lieu of notice.
Period of Notice
Years of Continuous
Service
|
Notice Period
|
|
|
Not more than 1 year
|
1 week minimum
|
More than 1 year but not more than 3 years
|
2 weeks minimum
|
More than 3 years but not more than 5 years
|
3 weeks minimum
|
More than 5 years
|
4 weeks minimum
|
(b) In addition to
the notice periods specified in paragraph (a) of this subclause, employees aged
over 45 years and who have completed at least 2 years continuous service with
the employer are entitled to one additional week’s notice from the employer.
(c) Paragraphs (a)
and (b) of this subclause shall not affect the right of the employer to dismiss
any employee without notice for misconduct and in such cases wages shall be
paid up to the time of dismissal only.
(d) During the first
week of employment, the employment may be terminated by a day’s notice given by
either party.
(e) The employment
of a casual employee may be terminated by one hour’s notice by either party.
(iv) Statement of
Service
On the termination of employment the employer shall, at
the request of the employee, give to such employee a statement signed by the
employer stating the period of employment, the employee’s classification, and
when the employment terminated.
(v) Payment on
Termination
Employees terminating employment shall be paid all
wages and other monies due forthwith, including any payments which may be due
in lieu of annual leave and/or long service leave.
4A. Secure Employment
(i) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(ii) Casual
Conversion
(a) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or part-time
employment if the employment is to continue beyond the conversion process
prescribed by this subclause.
(b) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(c) Any casual
employee who has a right to elect under paragraph (ii)(a), upon receiving
notice under paragraph (ii)(b) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(d) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to full-time
employment or part-time employment will be deemed to have elected against any
such conversion.
(e) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(f) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (ii)(c), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (ii)(c), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award or pursuant to a part time work agreement
made under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(g) Following an
agreement being reached pursuant to paragraph (f), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(h) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(iii) Occupational
Health and Safety
(a) For the purposes
of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(c) Nothing in this
subclause (iii) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(iv) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(v) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
5. Redundancy
See Part D - Redundancy
6. Wages
(i) Level 1
(a) Without limiting
the foregoing, a Level 1 may be required to perform the following tasks
involving basic clerical skills under supervision:
mailing;
filing;
collating;
operation of photocopying, duplicating, binding and
facsimile machines;
messenger work;
handling mail;
checking figures.
(b) The basic skills
required of a Level 1 employee include:
Communication Skills
an ability to read and write English;
an ability to perform simple numerical tasks.
Technical Skills
an ability to operate basic office equipment (e.g.
facsimile machine, photocopying machine).
Interpersonal Skills
an ability to deal with basic internal requirements.
Quality Assurance
understanding of the quality requirement of their
tasks.
Information Handling Skills
an ability to deal with basic information systems and
requirements.
(c) Level 1 includes
Canteen and Uniform Shop Staff
Schools may establish non-supervisory Level 1 positions
in Canteens and Uniform shops.
(ii) Level 2
(Canteen)
(a) An employee who
has responsibility for the operation of the canteen or uniform shop and, where
relevant, supervision of other employees or volunteers, shall be classified at
Level 2 of this award. All other
employees working in the canteen shall be appointed at Level 1.
(b) A person who is
responsible for the operation of the canteen or uniform shop:
(1) has the
knowledge and experience to perform duties without technical instructions or
supervision;
(2) has
responsibility for planning their own work and, where appropriate, the work of
those who are supervised;
(3) may be required
to exercise independent initiative and judgement;
(4) works under
minimal supervision to the level of training held by an employee; and
(5) is competent in
technical areas as required for the position.
(iii) Level 2
(a) A Level 2
position is one where the employee may have no formal training and:
(1) exercises a
limited range of skills and undertakes basic duties similar to those indicative
duties listed in subclause (i) of Part C, Indicative Duties or in the
circumstances where the employee performs clerical and administrative work,
shall be proficient in the skills set out in paragraph (b) below and perform
the duties in paragraph (c) below;
(2) is under the
general supervision of a teacher or higher level school assistant;
(3) initially,
receives specific direction, leading to routine direction as knowledge of
procedures develops; and
(4) does not
supervise students without a higher level school assistant or teacher present.
(b) Communication
Skills
proficient written skills such as letter composition;
proficient oral communication skills;
ability to comprehend and interpret documentation
associated with higher tasks.
Technical Skills
ability to operate multiple pieces of office equipment
with a high degree of competence, including complex calculations.
Interpersonal Skills
ability to apply knowledge and skills to meet internal
and parental requirements.
Quality Assurance
responsible for quality of own work.
Business/Financial Knowledge and Skills
ability to deal with more intricate financial matters
such as payroll, cashier, credit etc.
Organisational/Planning Skills
plans own work schedule and/or work schedule of those
who are supervised.
Training Delivery
limited school based training in relation to own
functions
(c) A Clerical
Officer Level 2 may be required to perform the range of clerical duties that
exist in schools other than those required of Level 3 or Level 4 employees or
of the Clerical Administrator Level 6.
Without limiting the generality of the foregoing such clerical tasks may
include:
(i) data entry and
basic computer operation;
(ii) sending and
receiving e-mails;
(iii) word
processing/typing;
(iv) maintenance of
school accounts and petty cash;
(v) bank
reconciliation;
(vi) salary
processing;
(vii) control of
school accounts;
(viii) setting up of
programmes/ledgers;
(ix) balancing of
data base;
(x) reception/switchboard;
(xi) acquisition of school
equipment;
(xii) admission/registers;
(xiii) enrolment
procedures;
(xiv) school
statistical returns;
(xv) collection of
school fees and special purpose money;
(xvi) issue of
transport passes;
(xvii) maintenance of
pupil record cards and sporting rolls;
(xviii) maintenance of
periodical material and overdue book lists;
(xix) preparation of
orders for equipment and stationery.
(iv) Level 3
(a) A Level 3
position is one where the employee:
(1) undertakes duties
similar to those indicative duties listed in subclause (ii) of Part C,
Indicative Duties or, in circumstances where the major and substantial duties
which the employee performs are clerical and administrative duties, shall be
proficient to an advanced level in the skills set out in paragraph (b) below;
(2) may be required
to exercise independent initiative and judgement;
(3) has the
knowledge and experience to perform basic duties without technical
instructions;
(4) receives
instruction for complex tasks or tasks requiring specialised knowledge; and
(5) would be
expected to have undertaken and completed skill developing programs relevant to
the skills and duties required to be undertaken. Provided that where the employee’s major and substantial duties
are those of a school assistant, this requirement may be satisfied by relevant
employer sponsored programs and/or post secondary training which may include
TAFE training.
(b) Communication
Skills
an ability to prepare reports and provide written advice
related to own tasks and those of clerical employees of similar or lower
classifications.
Technical Skills
has the knowledge and ability to operate complex office
equipment.
Interpersonal Skills
an ability to deal with more significant and complex
internal and external requirements. An employee at this grade applies knowledge
with depth in some areas and a broad range of skills. Usually, work will be performed within routines, methods and
procedures where some discretion and judgement is required.
Quality Assurance
an employee at this grade may be responsible for the
work of others and may be required to co-ordinate such work.
Business/Financial Knowledge and Skills
understanding of methods and procedures for complex financial
operations and systems and ability to administer these operations and systems.
Organisational/Planning Skills
plans own work schedule and/or work schedule of those
who are supervised.
Supervisory Skills
up to four employees.
(v) Level 4
(a) A Level 4
position is one where the employee:
(1) undertakes
duties similar to those indicative duties listed in subclause (iii) of Part C,
Indicative Duties of Employees and/or, in circumstances where the employee’s
major and substantial duties which the employee is required to perform are
clerical and administrative duties, shall be proficient to an advanced level in
the skills set out in paragraph (b) below;
(2) is regularly
required to exercise independent initiative and judgement;
(3) shall have responsibility
and accountability for maintaining the quality of their own work and, if
requested by the employer, the work of others;
(4) receives limited
instructions which relate specifically to matters of substance in the work
assignment;
(5) may assist
teachers or other qualified members of staff with the conduct of one or more
areas, such as laboratories, libraries, audio-visual units, kitchens or
workrooms;
(6) is competent in
technical areas as required for the position; and
(7) would be expected
to have undertaken and completed skill developing programs relevant to the
skills and duties required to be undertaken.
Provided that where the employee’s major and substantial duties are
those of a school assistant, this requirement may be satisfied by relevant
employer sponsored programs and/or post secondary training which may include
TAFE training.
(b) Communication
Skills
an ability to conduct interviews and provide oral
presentations to groups/meetings.
Technical Skills
has the knowledge and ability to operate complex office
equipment, including providing assistance and training to other users.
Interpersonal Skills
an ability to deal with more significant and complex
internal and external requirements. An employee at this grade applies knowledge
with depth in some areas and a broad range of skills. There is a wide range of tasks, and the range and choice of
actions required will usually be complex.
Quality Assurance
The employee may be required to work without supervision,
with general guidance on progress and outcomes sought. Responsibility for the
organisation of the work of others may be involved.
Business/Financial Knowledge and Skills
prepare financial reports;
draft financial forecasts/budgets;
undertake document costing procedures.
Organisational/Planning Skills
may participate in problem solving and/or decision
making in relation to operational issues in own work section.
Supervisory Skills
up to six employees.
(vi) Level 5
A Level 5 position is one where the employee:
(1) undertakes
duties similar to those indicative duties listed in subclause (iv) of Part C,
Indicative Duties of Employees;
(2) possesses
knowledge of workplace procedures and of the practices required by the employer
including a detailed knowledge of complex procedures relevant to the position;
(3) has
responsibility for the quality of their own work and, where appropriate, the
work of those who are supervised;
(4) resolves complex
operational problems and coordinates the work within a department of the
school;
(5) assists in
planning future department or school organisational needs; and
(6) is required to
have undertaken and completed post secondary training provided by an accredited
training provider relevant to the tasks required by the employer for this
level, or has engaged in extensive equivalent in-service training, or has
significant and substantial technical and procedural knowledge which is
regarded by the employer to be equivalent to the required post secondary
training.
(vii) Level 6
An employer may appoint a Clerical Administrator -
Level 6. A person employed at this
grade shall be proficient where applicable, and without limiting the
requirements for this position, an employee at this grade shall be required by
the employer to:
perform the entire range of duties and possess the
skills required of a Level 4 employee;
exercise substantial responsibility, independent
judgement and initiative with a detailed knowledge of complex office procedures;
have and utilise advanced skills and knowledge in the
operation of complex equipment and procedures;
have completed relevant post-secondary training or have
significant and substantial technical and procedural knowledge and skill which may
be deemed by the employer as being comparable with post-secondary training;
resolve operational problems for staff and coordinate
work within a section of the office; monitor work quality of those supervised;
be responsible for those supervised; assist in planning future
sectional/office-organisational or resources and equipment needs.
(viii) Translocation
From the first pay period to commence on or after 1
July 2005, the employer shall translocate an employee to the new structure in
accordance with the table below:
Immediately
prior to the start of the first pay
|
From
the first pay period on or after
|
period
1 July 2005
|
on
or after 1 July 2005
|
|
|
Level 1
|
Level
1
|
Level 2
|
Level
2a
|
Level 3
|
Level
3a
|
Level 4
|
Level
4a
|
Level 5
|
Level
5
|
Level 6
|
Level
6
|
(ix) Progression
(a) An employee
appointed to level 2a, 3a or 4a shall progress to each further step within the
level upon completion of twelve months’ service. For the purpose of this subclause, 12 months service is defined
as 12 months service excluding unpaid leave, provided that where a full-time or
part-time employee works 4 school terms in a given year such employees will be
regarded as having worked 12 months.
(b) Where an
employer considers that service of an employee is not satisfactory and
competent, and for that reason considers progression to the next step is not
warranted, a formal review of these matters shall be undertaken by the employer
pursuant to clause 28, Disputes Avoidance And Grievance Procedure, before the
date on which progression would otherwise occur.
(ix) Reclassification
(a) An employee may
apply for reclassification to another level if regularly called upon to perform
substantial proportion of duties appropriate to the higher level. The employer will examine the skills
utilised and the duties performed by the employee.
(b) Where an
application is made for reclassification to a higher level, the employer shall
determine the application within one month of receipt of the application.
(c) Reclassification
to a higher level shall take place from the first full pay period on or after
the date the application has been approved by the employer.
(d) The employee
shall be placed on the first step of the new level following reclassification.
(x) Higher Duties
Employees required to temporarily perform duties in a
higher level for more than one day shall be paid at the higher grade for the
whole period during which those duties are performed.
(xi) Wage Rates -
Employees Required to Work 48 Weeks a Year.
(a) Full-time
Employees
The minimum weekly rate of pay for full-time employees
shall, subject to the other provisions of this award, be calculated by dividing
the rates of pay set out in Table 1 - Wage Rates, of Part B, Monetary Rates by
52.14.
(b) Part-time
Employees
(1) Subject to the
other provisions of this award, part-time employees, for each hour worked
during ordinary time, shall be paid one thirty-eighth of the minimum weekly
wage calculated in accordance with paragraph (a) of this subclause, for the
class of work performed by them.
(2) Part-time
employees shall be paid a minimum of three hours for each start; provided that
an employee employed for specific programs such as integration programs, ESL,
DSP, new arrivals programs or like programs, whether government funded or
funded by the school shall be paid for a minimum of one hour for each start.
(3) No part-time
employee shall have the number of hours worked adjusted unless by mutual
agreement in writing or a redundancy payment being made in accordance with
subclause 5, Severance Pay, of Part D - Redundancy.
(c) Casual Employees
(1) Casual
employees, for each hour worked during ordinary time shall, be paid one
thirty-eighth of the minimum weekly wage calculated in accordance with paragraph (a) of this subclause, for the
class of work performed by them, plus 20 percentum of such hourly equivalent,
which is inclusive of compensation for Annual Leave under the Annual
Holidays Act, 1944.
(2) Casual employees
shall be paid a minimum payment of three 3 hours for each start; provided that
an employee employed for specific programs such as integration programs, ESL,
DSP, new arrivals programs or like programs, whether government funded or
funded by the school shall be paid for a minimum of one hour for each start.
(xii) Wage Rates -
Employees not required to work 48 weeks of the year.
Full-time and part-time employees who are not required
to work 48 weeks a year shall be paid in accordance with this subclause:
(a) Where an
employee is a shop employee or the employee’s major and substantial duties are
those of a school assistant and the employee is not required to work 48 weeks in
a year (excluding annual leave) then the employer may elect to stand down the
employee or to pay the employee in accordance with paragraph (c) of this
subclause.
(b) Where an
employee’s major and substantial duties are clerical and administrative and the
employee is not required to work 48 weeks in a year (excluding annual leave)
then the employee will be paid in accordance with paragraph (c) of this
subclause.
(c) When the
employer elects to average a full-time employee’s payment of wages under paragraphs
(a) or (b) of this subclause the employee will be paid in equal instalments
throughout the year. The following
formula shall be used to determine the appropriate full-time weekly rate:
where:
W = weekly rate for employees required to work
48 weeks per year determined in accordance with paragraph (a) of subclause (xi)
of this clause
N = number of days worked per year and is not
less than the number of days in the school year at each school; provided that:
(1) N cannot be less
than the number of school days in that school;
(2) the value of N
does not include the days paid at a casual rate in Clause 8, Work During Pupil
Vacation Periods;
(3) the number of
days worked excludes public holidays; and
(4) N cannot exceed
229 and if it does the employee shall be paid in accordance with subclause (xi)
of this clause.
Provided that where the employee works school terms
only (that is, where N equals 204) this formula shall be rounded to:
0.9 x W
(d) Part-time
employees not required to work 48 weeks of the year and not stood down, for
each hour worked during ordinary time, shall be paid one thirty-eighth of the
minimum weekly wage calculated in accordance with paragraph (c) of this
subclause, for the class of work performed by them.
(e) The rate of pay
of an employee determined by paragraphs (c) and (d) of this subclause shall be
the appropriate rate for all purposes.
However, such rate shall not be used in the calculation of casual and
overtime rates of pay which may be payable to the employee.
(xiii) Rounding of
Rates
The hourly rate of part-time and casual employees shall
be calculated to the nearest whole cent, any amount less than half a cent in
the result to be disregarded.
7. Payment of Wages
(i) Subject to
subclause (ii) of this clause, wages shall be paid weekly in ordinary working
time no later than Thursday of each week.
An employee kept waiting after the normal ceasing time for the payment
of wages shall be deemed to be working during any time kept waiting and shall
be paid overtime from the normal ceasing time until payment is made.
(ii)
(a) Wages may be
paid fortnightly at the employer’s discretion where the majority of employees
at the school or college are already paid fortnightly.
(b) After three
month’s notice from the employer to the employees the employer may at the
employer’s discretion make payment by cheque or direct deposit into an account
nominated by the employee.
(iii) Where excess
payments are made in circumstances which were not apparent or could not
reasonably have been expected to be detected by the employee, the relevant
parties shall seek agreement on the matter of the overpayment and its repayment
including, when necessary and appropriate, discussion between the relevant
union and relevant employer representatives.
(iv) Annual
Remuneration
(a) Notwithstanding
sub-clause (i) and (ii) of this clause, an employee may elect to receive his or
her annual remuneration as a combination of wages (payable in accordance with
this clause) and benefits payable by the employer. The sum total of such wages, benefits, Fringe Benefits tax and
employer administrative charge will equal the appropriate rate of pay
prescribed by sub-clause (xi) or (xii) (as relevant) of clause 6, Wages.
(b) The employer
will determine the range of benefits available to the employee and the employee
may determine the mix and level of benefits as provided in paragraph (a) of
this sub-clause.
(c) Any payment calculated
by reference to the employee's salary and payable either:
(i) during
employment; or
(ii) on termination
of employment; or
(iii) on death
shall be at the rate prescribed by sub-clause (xi) or
(xii) (as relevant) of clause 6, Wages.
8. Work During Pupil
Vacation Periods
(i) The parties to
the award agree that the needs of a school may require work to be performed
during periods of pupil vacation and that there is an expectation that
employees will be flexible to ensure that such needs are met even though this
may necessitate attendance at school during periods of pupil vacation. Subject
to the provisions of subclause (ii) of this clause employees can be required to
work up to 8 days per year during periods of pupil vacation. Pupil vacation periods
do not mean 'student-free days' on which teachers attend work.
(ii) Employees can
be required to work during pupil vacation periods shall be subject to the
following guidelines:
(a) The employer
gives the employee 4 term weeks written notice of the requirement to work
during the pupil vacation period;
(b) the notice is
specific as to the time the employee is to work during the pupil vacation
period;
(c) the employee
cannot be required to work during the period of their 4 weeks' annual leave.
(d) the employee
cannot be required to work on days other than their normal working days per
week and their normal working hours on those days;
(e) Notwithstanding
the above provisions an employee may agree to waive the conditions found in
subparagraphs (a), (b), (c) and (d) of this subclause.
(iii) Payment for
work during pupil vacation periods
(a) Any days worked
during pupil vacation periods which are not included in the value of ‘N’ in subclause
(xii) of clause 6 Wages, will be paid at the appropriate casual rate for the
employee’s grade. The employee is paid for each pupil vacation day at the
appropriate casual rate of pay for the employee's grade.
(b) If an employee
is notified by the employer in accordance with sub clause (ii) of this clause
and then not required to work on any day notified they will be paid at the
appropriate part-time rate of pay for the employee's grade for that period(s);
(c) Notwithstanding
the provisions of paragraph (a) and (b) of this subclause, an employer and an
employee may agree to an alternate arrangement for the payment for time worked
during periods of pupil vacation, provided that the employee shall not be
financially disadvantaged by that arrangement.
(iv) Employee has
prior Commitments
(a) If an employee
is unable to work during a particular week during a pupil vacation period
because of family commitments or other activities planned during that week, the
employee shall give the employer notice of their unavailability for that
particular week. This would be given at
the time the employer advises of the requirement to work during the pupil
vacation.
(b) If despite the
notice of the employee's unavailability to work during one particular week in
the pupil vacation period in accordance with paragraph (a) of this subclause,
an employer still requires the employee to work during that particular week,
discussions will be held between the employer and the employee and/or their
industrial representatives.
(v) Pre-existing
arrangements
(a) Notwithstanding
the provisions of subclause (i) of this clause, where an employee employed
prior to 15 May 1995 in a clerical and administrative capacity was required to
work more than 12 days per school year during pupil vacation periods this may
continue.
(b) Notwithstanding
the provisions of subclause (i) of this clause, where an employee employed
prior to 23 July 2001 in a canteen or uniform shop was required to work more
than 12 days per school year during pupil vacation periods this may continue.
(vi) Occupational
Health and Safety
For the purpose of this clause, an employee shall not
be required to be the only person present at the school.
9. Hours
(i) Ordinary Hours:
Subject to clause 10, Implementation of 38 Hour Week,
the ordinary hours of work for a full-time employee, exclusive of meal breaks,
shall not without the payment of overtime exceed an average of 38 per week and
shall be worked between the hours of 7.30 am. and 6.00 pm., Monday to Friday,
inclusive, and between the hours of 7.30 am. and 12 noon on a Saturday.
(ii) Casual
Employees:
The spread of ordinary hours of work shall be the same
as those worked by full-time weekly employees in the establishment
concerned. Where there are no such full-time
weekly employees the spread of ordinary hours of work shall be those prescribed
by subclause (i) of this clause.
(iii) Part-time
Employees:
The spread of ordinary hours of work, exclusive of meal
time, shall not exceed eight hours per day.
(iv) Notice of
Hours:
The employer shall fix the employee’s ordinary hours of
work and the ordinary time of meal breaks which shall be displayed in a
conspicuous place accessible to the employees or in their contract of
employment and such hours shall not be changed, without payment of overtime for
work done outside the fixed hours, unless seven days’ notice of any change of
hours is given by the employer to the employee. Provided that such seven days’ notice shall not be required if
any change of hours is by mutual agreement between the employer and the
employee.
(v) Nothing in this
clause shall increase the hours of work where employees worked less than 38
hours per week as at the introduction of this award.
10. Implementation of
38 Hour Week
The ordinary hours of work for a full-time employee provided
by clause 9, Hours, shall be worked in one of the following methods:
(i) 19-Day Month
A school subject to this award and its employees may
agree that the ordinary hours of work provided by the said clause 9 will be
worked as a 19 day month, in which case the following provisions shall apply:
(a) Each employee of
the school subject to this award shall work 152 hours over 19 days in each
four-week period with one rostered day off on full pay in each such period.
(b) Each employee
shall accrue 24 minutes for each eight hour day worked by the employee to give
the employee an entitlement to take a rostered day off.
(c) Each day of paid
leave taken by an employee (but not including long service leave or any period
of stand down as provided in subclause (ii) of clause 4, Contract of
Employment), and any public holiday occurring during any cycle of four weeks
shall be regarded as a day worked for the purpose of accruing an entitlement
under paragraph (b) of this subclause.
(d) Rostered days
off shall not be regarded as part of the employee’s annual leave for any
purpose.
(e) Notwithstanding
any other provisions of this subclause, an employee shall not be entitled to more
than 12 paid rostered days off in any 12 months of consecutive employment.
(f) Any employee
who is scheduled to take a rostered day off before having worked a complete
four-week cycle shall be paid a pro rata amount for the time that the employee
has accrued in accordance with paragraph (b) of this subclause.
(g) Any employee
whose employment is terminated in the course of a four week cycle shall be paid
a pro rata amount for the time accrued by the employee in the cycle in
accordance with the said paragraph (b).
(h) Rostered days
off shall be scheduled by mutual agreement between employees and the school.
(i) An employee
shall be advised by the employer at least four weeks in advance of the day on
which the employee is to be rostered off duty.
(j) An employee
may, with the agreement of the employer, substitute the day on which the
employee is scheduled to be rostered off duty for another day.
(k) If any employee
is rostered off duty on the day which coincides with the employee’s normal pay
day, the employee shall be paid no later than the working day immediately
following his/her rostered day off.
(l) If an
employee’s rostered day off falls on a public holiday, an alternative rostered
day off shall be observed to be fixed by mutual agreement between the employee
and the employer.
(m) Any employee
required to work on their rostered day off shall be paid in accordance with the
provisions of clause 11, Overtime, and shall also receive another rostered day
off in lieu.
(n) Employees are
not eligible for sick leave in respect of absences on rostered days off.
(ii) Any Other
Method
A school may apply any other method of implementing the
ordinary hours of work provided by clause 9, Hours, on which the school reaches
agreement with its employees.
(iii) Discussion
about Implementation of 38 Hour Week
Each school will propose to its employees the basis of
implementing the 38 hour week which it determines is best suited to its
operations. If the school and its employees
are unable to agree to adopt this proposed basis the matter will be referred to
the union, who will discuss it with the employer. If they are unable to agree upon the basis which will be adopted,
the matter shall be referred to the Industrial Relations Commission of New
South Wales for determination.
(iv) Payment for
Rostered Days Off during Stand Down
Notwithstanding any other provisions of this award, the
following provisions shall apply in the case of any employee whose contract of
employment provides that he or she shall be stood down during the whole or part
of non-term time pursuant to subclause (ii) of clause 4, Contract of
Employment.
(a) The ordinary
hours of work for employees to whom this subclause applies shall not exceed 40
hours per week, exclusive of meal breaks, without payment of overtime.
(b) At the
commencement of every period during which an employee to whom this subclause
applies is stood down, the employee shall be paid, in addition to any other
entitlements, an amount calculated by using the formula
where:
W = the number of weeks worked by the employee
since either the employee’s employment commenced, this clause commenced, or the
conclusion of the employee’s last stand down period, whichever is the later;
and
P = the weekly rate of pay fixed for the
employee’s work by this award received by the employee since the employee’s
employment commenced, this clause commenced, or the conclusion of the
employee’s last stand down period, whichever is the later.
(c) This subclause
will not apply to employees whose salary is determined in accordance with
paragraph (c) of subclause (xii) of clause 6, Wages.
11. Overtime
(i) Subject to the provisions
of subclause (vi) of this clause an employer may require an employee to work
reasonable overtime at overtime rates.
All time required by the employer to be worked outside the ordinary
hours of work prescribed by clause 9, Hours, shall be overtime and shall be
paid for at the rate of time and one-half for the first two hours and double
time thereafter; provided that overtime at the rate of double time shall be
paid for all overtime worked between midnight Friday and midnight Sunday. Provided further that in computing overtime
each day’s work shall stand alone.
(ii) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least ten consecutive hours off duty between the work of
successive days. An employee other than
a casual employee who works so much overtime between the termination of their
ordinary work on one day and the commencement of their ordinary work on the
next day that they have not had at least ten consecutive hours off duty between
those times shall, subject to this subclause, be released after completion of
such overtime until they have had ten consecutive hours off duty, without loss
of pay, for ordinary working time occurring during such absence. If on the instruction of the employer such
an employee resumes or continues work without having had such ten consecutive
hours off duty, they shall be paid at double rates until they are released from
duty for such period and he/she then shall be entitled to be absent until they
have had ten consecutive hours off duty without loss of pay for ordinary
working time occurring during such absence.
(iii) Where an
employee has performed duty on overtime, the employee may be released from duty
for a period not exceeding the period of overtime actually worked, subject to
the conditions herein:
(a) An employee may
only be released from duty in lieu of payment for overtime at the request of
the employee and with agreement from the employer. Such agreement shall be in writing and be kept with the time and
wages records.
(b) An employee may
not accumulate more than 20 hours to be taken as leave in lieu of overtime
payment and shall be taken within four weeks of the accrual. Where such leave is not taken in this period
it shall be paid at the appropriate overtime rate.
(c) This provision
shall only apply in respect of overtime worked between Monday to Friday
inclusive. Normal penalties for
overtime worked on Saturday and Sunday shall apply for those days.
(iv) An employee
required to attend the employer’s premises for a reason other than carrying out
rostered duties after leaving the place of employment (whether notified before
or after leaving the place of employment) shall be paid a minimum of two hours
pay at the appropriate rate for each such attendance.
Provided that this subclause shall not apply where a
period of duty is continuous (notwithstanding that the employer may allow the
employee a reasonable meal break before, during or after such attendance) with
the completion or commencement of ordinary working time.
(v) For work done on
a Sunday double ordinary time with a minimum payment for four hours’ work shall
be paid.
(vi) An employee may
refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(vii) For the
purposes of subclause 11(vi) what is unreasonable or otherwise will be
determined having regard to:
(a) any risk to
employee health or safety;
(b) the employee's
personal circumstances including any family and carer responsibilities;
(c) the needs of the
workplace or enterprise;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) any other relevant
matter.
12. Tea Break
All employees shall be allowed a tea break of 10 minutes
daily between the second and third hours from starting time each day, except by
mutual agreement between the employee and the employer. Such tea break shall be counted as time
worked.
13. Meal Breaks
Not more than one hour nor less than half an hour shall be
allowed to employees each day for a midday and/or evening meal where work
continues after 6.30 pm. This meal
break shall be taken not later than the fifth hour of work each day, except by
mutual agreement between the employer and the employee. Such meal break shall not be counted as time
worked and is unpaid.
14. Public Holidays
(i) New Year’s Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s
Birthday, Eight Hour Day, Christmas Day, Boxing Day and an additional day’s
holiday to be observed pursuant to subclause (ii) of this clause, and any other
day gazetted as a public holiday for the State shall be holidays for the purposes
of this award.
(ii) In addition to
the holidays specified in subclause (i) of this clause, an employee shall be
entitled to one additional day as a holiday in each calendar year. Such additional holiday shall be observed on
the day when the majority of employees in an establishment observe a day as an
additional holiday or on another day mutually agreed between the employer and
employee. The additional holiday is not
cumulative and must be taken within each calendar year.
Provided that the additional holiday will not apply to
those employees whose rates of pay are averaged over the year in accordance
with paragraphs (a), (b) or (c) of subclause (xii) of clause 6, Wages.
(iii) Full-time and
part-time employees shall be entitled to the above holidays without loss of
pay, provided that an employee who is regularly rostered to work ordinary hours
on Monday to Friday shall only be paid for such holidays as occur on those
days.
(iv) All time worked
on a public holiday as specified in subclause (i) of this clause shall be paid
for at the rate of double time and one-half the ordinary time rate with a
minimum payment of 2 hours.
15. Annual Leave and
Payment on Termination
(i) This clause
will only apply to employees who are paid in accordance with subclause (xii) of
Clause 6, Wages. For all other
employees, annual leave and payment on termination provisions are governed by
the Annual Holidays Act 1944.
For employees paid in accordance with subclause (xii)
of Clause 6, wages this clause will apply:
(a) in lieu of the
corresponding provisions of the Annual Holidays Act 1944; and
(b) notwithstanding
any other provisions in this award.
(ii) The provisions
of this clause shall apply as set out in the relevant sub-clauses where:
(a) an employee’s
employment ceases
(b) an employee
commences employment after the school service date;
(c) an employee
takes approved leave without pay or parental leave for a period which (in
total) exceeds 20 pupil days in any year; or
(d) the working
hours of the employee have varied since the school service date.
(iii) Calculation of
Payments
(a) A payment made
pursuant to paragraph (a), (b) or (c) of sub-clause (ii) of this clause shall
be calculated in accordance with the following formula:
Step 1
|
A x B
|
= D
|
|
C
|
|
|
|
|
Step 2
|
D - E
|
= F
|
|
|
|
Step 3
|
F x G
|
= H
|
|
2
|
|
where:
A = The number of term weeks worked by the
employee since the school service date
B = The number of non-term weeks in the school
year
C = The number of term weeks in the school year
D = Result in weeks
E = The number of non-term weeks worked by the
employee since the school service date
F = Result in weeks
G = The employee’s current fortnightly salary
H = Amount Due
(b) A payment made
pursuant to paragraph (d) of sub-clause (ii) of this clause to an employee
whose normal working hours have varied shall be calculated in accordance with
the following formula:
Step 1
|
A
- B
|
= C
|
|
|
|
Step 2
|
C
x D
|
= F
|
|
E
|
|
|
|
|
Step 3
|
F
- B
|
= G
|
where:
A = Total salary paid to the employee since the
school service date
B = Salary paid to the employee in respect of
non-term weeks since the school service date
C = Salary paid to the employee in respect of
term weeks since the school service date
D = The total number of non-term weeks in the
school year
E = The total number of term weeks in the school
year
F = Result in dollars
G = Amount Due
(c) For the purpose
of this clause:
(i) "School
Service Date" means the usual commencement date of employment at the
school for employees covered by this award commencing in term 1.
(iv) Employees who
commence Employment after the School Service Date
(a) An employee who
commences employment after the school service date shall be paid from the date
the employee commences provided that, at the end of Term IV, the employee shall
be paid an amount calculated pursuant to sub-clause (iii) of this clause and
shall receive no other salary until his or her return to work in the following
school year.
(b) In each
succeeding year of employment, the anniversary of appointment of the employee
for the purposes of this clause shall be deemed to be the school service date.
(v) Employees who
take Approved Leave Without Pay or Parental Leave
Where an employee takes leave without pay or parental
leave with the approval of the employer for a period which (in total) exceeds
20 pupil days in any year, the employee shall be paid salary calculated in
accordance with this clause as follows:
(a) If the leave
commences and concludes in the same school year payment shall be calculated and
made at the conclusion of Term IV of that school year.
(b) If the leave is
to conclude in a school year following the school year in which the leave
commenced:
(i) at the
commencement of the leave a payment shall be calculated and made in respect of
the school year in which the leave commences; and
(ii) at the end of Term
IV in the school year in which the leave concludes a payment shall be
calculated and made in respect of that school year.
(c) Where an
employee who has received a payment pursuant to paragraph (b) of this
sub-clause returns from leave in the same year rather than the next school year
as anticipated, then the employee shall be paid at the conclusion of Term IV as
follows:
(i) by applying for
formula in sub-clause (iii) as if no payment had been made to the employee at
the commencement of leave;
(ii) by deducting
from that amount the amount earlier paid to the employee.
(vi) Employees Whose
Hours Have Varied
Where the hours which an employee normally works at a
school have varied since the school service date in any school year and the
employee’s employment is to continue into the next school year, the employee
shall be paid throughout the summer pupil vacation as follows:
(a) the amount due
pursuant to the formula in paragraph (b) of sub-clause (iii) of this clause
shall be calculated; and
(b) the employee
shall continue to receive in each fortnight of the pupil vacation period the
same amount as his or her ordinary pay in the last fortnight of the school term
until the total amount received by the employee during the pupil vacation
period is the same as the amount calculated above. (Note - this will have the consequence that the last fortnight of
the pupil vacation period in which the employee is paid the amount received
will differ from the pay in the preceding fortnights).
(vii) Notwithstanding
the provisions of paragraph (a) of subclause (i) an employee shall not
pursuant to this clause, be paid an
amount in respect of a year of employment which is less than the amount to
which the employee would otherwise be entitled under the provisions of the
Annual Holidays Act 1944, in respect of a year of employment.
16. Annual Leave
Loading
(i) In this clause
the Annual Holidays Act 1944 is referred to as "the Act".
(ii) Where an
employee is given and takes their annual holiday or where, by agreement between
the employer and employee, the annual holiday is given and taken in more than
one separate period, then before each of such separate periods the employer
shall pay their employee a loading determined in accordance with this clause.
(iii) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the employee
becomes entitled under the Act and this award or, where such a holiday is given
and taken in separate periods in relation to each such separate period.
NOTE: See subclause (vi) of this clause
as to holidays taken wholly or partly in advance.
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) of this clause, at the rate per week of 17½ per cent
of the appropriate ordinary weekly time rate of pay prescribed by this award
for the classification in which the employee was employed immediately before
commencing their annual holiday, but shall not include any other allowances,
penalty rates, shift allowances, overtime or any other payments prescribed by
this award.
(vi)
(a) No loading is
payable to an employee who takes annual holidays wholly or partly in advance;
provided that, if the employee continues until the day when they would have
become entitled under the Act to an annual holiday, the loading then becomes
payable in respect of the period of such holiday and is to be calculated in
accordance with subclause (v) of this clause applying the award rates of wages
payable on that day.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, an employee shall be paid an
annual holiday loading where the annual holiday falls wholly or partly in
advance during the summer pupil vacation period. The employee shall be entitled
to the fraction of four weeks holiday loading as is equal to the number of
weeks worked by the employee in that school year compared to the number of
weeks in the year since the school service date.
(c) Where an
employee receives a payment pursuant to paragraph (a) of subclause (iii) of
clause 15, Annual Leave and Payment on Termination, the employee shall be
entitled to be paid for that part of the fraction of four weeks holiday loading
as is equal to the number of weeks worked by the employee in that school year
compared to the number of weeks since the school service date.
(vii)
(a) Where the employment
of an employee is terminated by their employer for a cause other than
misconduct and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which they are entitled,
they shall be paid a loading calculated in accordance with subclause (v) for
the period not taken.
(b) Except as
provided in paragraph (a) of this subclause, no loading is payable on the
termination of an employee’s employment.
17. Sick Leave
(i) An employee
shall be entitled to sick leave on full pay, in accordance with the following
table, upon each anniversary of their continuous service which occurs after the
first full pay period on or after 29 January 2005.
Employees who work 45 term weeks or more per
|
15 days sick leave per annum
|
school year
|
|
Employees who work 41 term weeks or more, but less
|
14 days sick leave per annum
|
than 45 weeks per school year
|
|
Employees who work less than 41 term weeks per
|
13 days sick leave per annum
|
school year
|
|
The taking of sick leave is subject to the following
conditions:
(a) Employees shall
not be entitled to paid sick leave for any period in respect of which the
employee is entitled to payment under the Workers’ Compensation Act,
1987.
(b) The employee
shall, as soon as reasonably practicable, and in any case within twenty-four
hours of the commencement of such absence, inform the employer of an inability
to attend for duty and, as far as possible, state the nature of the injury or
illness and the estimated duration of the absence.
(c) The employee
shall furnish to the employer such evidence as the employer may desire that the
employee was unable by reason of such illness or injury to attend for duty on
the day or days for which sick leave is claimed.
Provided that where a single day absence occurs before
and/or after a public holiday or a rostered day off a medical certificate shall
be supplied.
(d) Service before
the date of coming into force of this award shall be taken into account for the
purpose of calculating the annual entitlement to sick leave, provided however:
(1) that for years
of service completed between 1 January 2001 and immediately prior to the
employee’s anniversary of continuing service which occurred after the first
full pay period on or after 29 January 2005 the sick leave entitlement was ten
(10) days during the first year and twelve (12) days during the second and
subsequent years; and
(2) that for years
of service completed before 1 January 2001 the sick leave entitlement was seven
(7) days during the first year and ten (10) days during the second and
subsequent years.
(ii)
(a) The sick leave
entitlement of a part-time employee shall be in that proportion which the
number of hours worked by the employee in a week bears to a full-time employee.
(b) When the number
of hours worked by an employee varies, the sick leave entitlement of the
employee shall be calculated and credited to the employee in hours at the time
of such variation.
(iii) If the full
period of sick leave is not taken in any year, the whole or any untaken portion
shall be cumulative from year to year. Provided that an employer shall not be
bound to credit an employee for sick leave which accrued more than fifteen
years before the end of the last completed year of service and the maximum
accrual of sick leave (including both current and accumulated) shall be 154
days.
(iv) Service before
the date of this award shall be counted for the purpose of assessing the annual
sick leave entitlement but shall not be taken into consideration in arriving at
the period of accumulated leave.
Accumulated leave at the credit of the employee at the commencement of
this award will not be increased or reduced by the operation of this clause.
(v) If an award
holiday occurs during an employee’s absence on sick leave then such award
holiday shall not be counted as sick leave.
18. Catholic
Personal/Carer’s Leave
18.1 Use of Sick Leave
to Provide Care and Support for a Family Member
(a) An employee other
than a casual employee, with responsibilities in relation to a class of person
set out in subparagraph (2) of paragraph (c) who needs the employee’s care and
support, shall be entitled to use, in any year, in accordance with this
subclause, any current or accrued sick leave entitlement provided for at Clause
17 of the award, for absences to provide care and support for such persons when
they are ill, or who require care due to an unexpected emergency. Such leave
may be taken for part of a single day.
(b) The employee
shall, if required,
(i) establish
either by production of a medical certificate or statutory declaration, the illness of the person concerned and
that the illness is such as to require care by another person, or
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had taken leave to care
for the same person.
(c) The entitlement
to use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) the family
member being a parent, step-parent, spouse, grandchild, sibling, grandparent, child, step-child, foster
child, adopted child and foster parent of the employee or spouse.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at Clause 28, Disputes Avoidance and Grievance Procedure
should be followed.
18.2 Use of Sick Leave
for a Pressing Domestic Necessity
(a) Subject to
paragraph (c), for the purposes of this clause "pressing domestic
necessity" means any reason at the discretion of the employer, provided
that such discretion is not unreasonably withheld and is exercised so as not to
contravene any applicable provisions of the Anti-Discrimination Act
1977.
(b) An employee, other
than a casual employee, with sick leave credits may apply to utilise such
credits up to five of any current or accrued sick leave entitlement days in any
one year of the employee’s service, for any pressing domestic necessity other
than to care for or support a person defined in subparagraph 18.1(c)(2).
(c) Where an
employee, other than a casual employee, is not entitled to utilise sick leave
credits pursuant to paragraph 18.1(a) he or she may access any current or
accrued sick leave for any pressing domestic necessity where the employee is
responsible for the care or support of a person not referred to in subparagraph
18.1(c)(2).
(d) The yearly
entitlement for the purpose of pressing domestic necessity in paragraph 18.2(b)
is non-cumulative.
(e) If required, an
employee shall provide a written statement or other evidence supporting the
application for Personal/Carer’s Leave for the purpose of pressing domestic
necessity.
18.3 Notification of
Intention to Take Leave
In relation to sub-clauses 18.1 and 18.2, wherever
practicable, an employee shall give the employer notice prior to the absence of
the intention to take leave. The
employee shall also provide the name of the person requiring care, that
person’s relationship to the employee, the nature of any pressing domestic
necessity, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for
the employee to give prior notice of absence, the employee shall notify the employer
by telephone of such absence at the first opportunity on the day of absence.
18.4 Unpaid Leave for
Family Purpose
An employee may elect, with the consent of the employer
to take unpaid leave for the purpose of providing care and support to a person
referred to in subparagraph 18.1(c)(2) or paragraph 18.2(c) who is ill or who
requires care due to an unexpected emergency.
18.5 Annual Leave
(a) An employee may
elect with the consent of the employer to take annual leave not exceeding ten
days in single day periods or part thereof, in any calendar year at a time or
times agreed by the parties.
(b) Access to annual
leave, as prescribed in paragraph (a) of this subclause, shall be exclusive of
any shutdown period provided for elsewhere under this award.
(c) An employee may
agree to defer payment of the annual leave loading in respect of single day
absences, until at least five consecutive annual leave days are taken.
(d) An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
18.6 Time Off in Lieu
of Payment for Overtime
(a) An employee may
elect, with the consent of the employer, to take time off in lieu of payment
for overtime at a time or times agreed with the employer within twelve (12) months
of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this subclause,
the leave is not taken for whatever reason, payment for time accrued at
overtime rates shall be made at the expiry of the twelve (12) month period or
on termination.
(d) Where no
election is made in accordance with paragraph (a) of this subclause, the
employee shall be paid overtime rates in accordance with the award.
18.7 Make-Up Time
(a) An employee may
elect, with the consent of the employer, to work "make-up time" under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
18.8 Rostered Days Off
(a) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
This subclause is subject to the employer informing
each union which is both party to the award and which has members employed at
the particular enterprise of its intention to introduce an enterprise system of
RDO flexibility, and providing a reasonable opportunity for the union(s) to
participate in negotiations.
18.9 Entitlement for
casual employees
(a) Subject to the
requirements in paragraph 18.1(b) and subclause 18.3 casual employees are
entitled to not be available to attend work, or to leave work if they need to
care for a person prescribed in 18.1 (c) (2) or subclause 18.2 (c) of this
clause who is sick and requires care and support, or who requires care due to
an unexpected emergency, or the birth of a child.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled to
not be available to attend work. In the absence of agreement, the employee is
entitled to not be available to attend work for up to 48 hours (i.e. two days)
per occasion. The casual employee is not entitled to any payment for the period
of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
19. Parental Leave -
Schedule a Schools
The provisions of this clause shall apply to all employees
employed at schools listed at Schedule A of Part B of this Award.
19.1 Maternity Leave
(a) An employee who
applies for maternity leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996 and:
(i) is granted
maternity leave for a period of fourteen weeks or longer by the employer; and
(ii) the date of
birth is on or after 30 January 2006
shall be entitled to maternity leave in accordance with
this sub-clause.
(b) Subject to the
provisions of sub-paragraphs (i), (ii) and (iii) of this paragraph, the
maternity leave shall be paid for fourteen weeks at the rate of salary the
employee would have received, if the employee had not taken maternity leave.
(If the period of maternity leave granted to the employee is for less than
fourteen weeks then the period of paid maternity leave shall be for such lesser
period).
(i) For employees
required to work 48 weeks a year and paid an unaveraged salary in accordance
with clause 6(xi) of the award, the fourteen weeks paid maternity leave shall
be inclusive of non term periods falling within the fourteen weeks. For the
purpose of this subparagraph, paid maternity leave shall not include any period
of annual leave.
(ii) For employees
not required to work 48 weeks a year and paid an averaged salary in accordance
with clause 6(xii)(c) of the award, the fourteen weeks paid maternity leave
shall be inclusive of non term periods falling within the fourteen weeks, other
than where an employee works up until the last day of a term in which case the
maternity leave shall be deemed to commence from the first day of the following
school term. For the purpose of this subparagraph, non-term periods shall not
include the first four weeks of the school summer vacation period.
(iii) For employees
not required to work 48 weeks a year and stood down without pay during pupil
vacation periods in accordance with clause 6(xii)(a) of the award the fourteen
weeks paid maternity leave shall be inclusive of non term periods falling
within the fourteen weeks and shall be paid at the employee’s average weekly
salary. For the purpose of this subparagraph, the average weekly salary shall
be determined by taking the total salary earned by the employee over the
previous 12 months and dividing it by 52.14 weeks.
(c) The employee may
elect to be paid during the period of paid leave in paragraph (b) of this
sub-clause either in accordance with the usual employer payment schedule or as
a lump sum payment in advance.
(d) Where an
employee applies for a lump sum payment in advance under paragraph (c) of this
sub-clause, the employee shall give the employer at least one month’s notice of
intention.
(e) If an employee has
commenced paid maternity leave and subsequently the employee’s pregnancy
results in a miscarriage or a still birth, the employee shall be entitled to
retain payment in accordance with this clause equivalent to salary for the
period of maternity leave taken by the employee.
(f) Paid maternity
leave shall commence no earlier than one term prior to the expected date of
birth.
(g) The employer may
deduct payment for any absence of the employee (to which the employee, but for
this clause, would have been entitled under clause 17, Sick Leave) in the
period four calendar weeks prior to the expected date of birth from the payment
of paid maternity leave to which the employee is entitled pursuant to this
subclause.
(h) Non term weeks
within the period of paid maternity leave shall be deemed to be non term weeks
worked by the employee for the purpose of clause 15, Annual Leave and Payment
on Termination.
(i) An employee on
paid maternity leave in accordance with this clause will not be employed as a
casual employee by the employer during such paid leave.
(j) Where an
employee gives birth to a child whilst on unpaid leave (other than maternity
leave in relation to the birth of the same child) the employee will be entitled
to maternity leave in accordance with Part 4 of Chapter 2 of the Industrial
Relations Act 1996. However, the employee will not be entitled to an additional
fourteen weeks payment in accordance with paragraph (b) of this sub-clause.
(k) Except as varied
by this provision, Part 4 of Chapter 2 of the Industrial Relations Act
1996 shall apply.
19.2 Adoption Leave
(a) An employee who
applies for adoption leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996 and is granted such leave by the employer in accordance
with these provisions, shall be entitled to payment of adoption leave under the
same (or comparable) conditions as those set out in this clause in relation to
paid maternity leave. Provided further
that adoption leave shall only be payable in respect of one adopting parent of
a child.
(b) An employee
shall be entitled to one day’s leave with pay for the purpose of adopting any
child provided that he or she is not also entitled to payment of adoption leave
pursuant to paragraph (a) of this sub-clause.
19.3 Paternity Leave
(a) An employee
shall be entitled to one day’s leave with pay on the date of his wife’s
confinement or on the day on which his wife leaves hospital following her
confinement.
(b) In addition to
the entitlement in paragraph 19.3(a), an employee shall be entitled, subject to
this sub-clause, to take paternity leave in one continuous period not exceeding
two weeks. Such leave shall be deducted
from, and shall not exceed, the employee’s entitlement to Catholic Personal/Carer's
Leave pursuant to clause 18 of this award.
(c) The employee
shall be entitled to take such paternity leave in the four weeks before the
date or expected date of the birth of the child and not later than four weeks
after the birth of the child, provided that the employer may, in exceptional
circumstances, request the employee to take leave at a time outside the period
specified in this paragraph. If the
employee chooses to agree to the employer’s request, such agreement shall be
recorded in writing. Where the employee does not agree, the leave shall be
taken in accordance with this paragraph.
(d) The entitlement
to paternity leave in paragraphs 19.3(a) and (b) is inclusive of, and not in
addition to, the employee’s entitlement to take unpaid paternity leave in
accordance with the Industrial Relations Act, 1996.
(e) The employee
must, at least 4 weeks before proceeding on leave pursuant to paragraph 19.3(b)
above, give written notice of the dates on which he proposes to start and end
the period of leave. The proposed dates may be varied by further written
notice, subject to the provisions of paragraph 19.3(c) above.
19.4 Casual Employees
An employer must not fail to re-engage a regular casual
employee (see section 53(2) of the Industrial Relations Act 1996 (NSW))
because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
19.5 Right to request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(1) to extend the
period of simultaneous unpaid parental leave up to a maximum of eight weeks;
(2) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(3) to return from a
period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the
impact on customer service.
(c) Employee’s
request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made
under subparagraphs (a) (2) and (3) of this subclause must be recorded in
writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
subparagraph (a) (3), such a request must be made as soon as possible before
the date upon which the employee is due to return to work from parental leave.
19.6 Communication
during parental leave
(a) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(1) make information
available in relation to any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave; and
(2) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (a).
20. Parental Leave -
Schedule B Schools
The provisions of this clause shall apply to all employees
employed at schools listed at Schedule B of Part B of this Award.
(a) Maternity Leave
(i) An employee who
takes unpaid maternity leave under the provisions of the Industrial
Relations Act 1996 shall be entitled to paid maternity leave in accordance
with this clause.
(ii) The amount of
paid leave for an employee who takes leave after 20 October 2005 shall be
twelve weeks, provided that an employee who commences maternity leave prior to
20 October 2005, shall be entitled to nine weeks leave.
(iii) The employee
must be paid at the rate the employee was paid at the time of commencing leave.
(iv) The employee
must be paid:
(A) at the usual
times and intervals that other employees are paid at the school, or
(B) if the employee
asks two weeks in advance and the School agrees, in a lump sum.
(v) The employer
must pay the first, or lump sum, payment at the pay period commencing closest
to;
(A) six weeks before
the anticipated date of birth, or
(B) if birth occurs
before the time referred to in (A), the date of the birth; or
(C) if the employee
has not commenced maternity leave at the time referred to in (A), when the
employee commences leave.
(vi) If an employee's
pregnancy is terminated other than by the birth of a living child:
(A) more than 20
weeks before the anticipated date of birth the employee is not entitled to the
payment;
(B) less than 20
weeks before the anticipated date of birth the employee is entitled to the
payment while she remains on leave.
(vii) The period of
maternity leave will not count as a period of service under this award or any
statute.
(viii) An employee
shall be required to give at least 10 weeks written notice of the intention to
take leave and shall provide other notice consistent with the provisions of
section 58 (1) of the Industrial Relations Act 1996.
(ix) Except as varied
by this provision, Part 4 of Chapter 2 of the Industrial Relations Act
1996 shall apply.
(b) Paternity Leave
(i) An employee who
takes paternity leave on or after 20 October 2005 shall be entitled to 2 weeks
paid leave commencing on the day of birth of his child or on the day on which
his spouse leaves hospital following the birth. This paid leave is to be deducted from Carer's Leave available to
the employee pursuant to Clause 18 of this award.
(ii) An employee
shall be required to give at least 10 weeks written notice of the intention to
take leave and shall provide other notice consistent with the provisions of
section 58 (2) of the Industrial Relations Act 1996.
(c) Adoption Leave
(i) An employee
shall be entitled to nine weeks paid leave for the purpose of adopting any
child providing the leave is taken before the child reaches full-time enrolment
age.
(ii) The period of
paid adoption leave will not count as a period of service under this award or
any statute.
(iii) An employee
shall be required to give written notice of the approval or other decision to
adopt a child at least 10 weeks prior to the expected date of placement of the
child and shall provide other notice consistent with the provisions of section
58 (3) of the Industrial Relations Act 1996.
(d) Casual Employees
An employer must not fail to re-engage a regular casual
employee (see section 53(2) of the Industrial Relations Act 1996 (NSW))
because:
(i) the employee or
employee's spouse is pregnant; or
(ii) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(e) Right to request
(i) An employee
entitled to parental leave may request the employer to allow the employee:
(A) to extend the period
of simultaneous unpaid parental leave up to a maximum of eight weeks;
(B) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(C) to return from a
period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(ii) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might
include cost, lack of adequate replacement staff, loss of efficiency and the impact
on customer service.
(iii) Employee’s
request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made
under subparagraphs (i)(B) and (i)(C) of this subclause must be recorded in
writing.
(iv) Request to
return to work part-time
Where an employee wishes to make a request under
subparagraph (i) (C), such a request must be made as soon as possible before
the date upon which the employee is due to return to work from parental leave.
(f) Communication
during parental leave
(i) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(A) make information
available in relation to any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave; and
(B) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(ii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(iii) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (i).
21. Long Service
Leave - Schedule a Schools
The provisions of this clause shall apply to all employees
employed at schools listed at Schedule A of Part B of this Award.
(i) Applicability
of Long Service Leave Act 1955.
Except in so far as expressly varied by the provisions
of this clause, the provisions of the Act shall apply to employees employed
under this Award.
(ii) Entitlement to
leave from 30 January 2006
Subject to sub-clause (iii) of this award, the amount
of long service leave to which an employee shall be entitled in respect of
service performed on and from 30 January 2006 shall be:
(a) In respect of full-time
service an employee shall accrue 49.4 hours per year of service. "Full
-time service" means service of 38 hours per week (consistent with the
definition of full-time employee in clause 3(iv) of this award).
(b) Where an
employee works part-time in a given year the employee shall accrue leave on a
pro rata basis according to the number of hours worked by the employee in a
week compared to 38, where a full-time employee accrues 49.4 hours of leave for
each year of service.
An employee shall be entitled to leave in accordance
with this subclause together with leave pursuant to subclause (iii) of this
clause.
(iii) Calculation of
Accrued Leave as at 29 January 2006
(a) An employee
whose employment commenced prior to 30 January 2006 will have accrued long
service leave as at 29 January 2006 in accordance with previous award and
legislative provisions.
A summary of the accrual rates pursuant to these
provisions is set out below:
Calculation of Entitlement:
Prior to 1 January 2001
|
.866 weeks per year.
|
1 January 2001 to
|
1.3 weeks per year or portion of a year.
|
29 January 2006
|
|
(b) It is the
intention of the parties that on and from 30 January 2006 long service leave accrual
will reflect the differing patterns of work of employees within Catholic
schools, whose terms of engagement may change in terms of hours of work during
their working career. To that end on and from 29 January 2006, all existing
accruals will be converted from weeks to working hours.
(c) The following
formula will be used to calculate the number of hours of long service leave
that an employee is entitled to as at 29 January 2006:
(1) all full-time employees,
as at 29 January 2006, will have their weeks of accrued long service leave
converted to hours on the basis of 1 week of accrued leave equals 38 hours of
accrued leave;
(2) all part-time
employees, as at 29 January 2006, will have their weeks of leave converted to
hours of leave by averaging their hours worked during the last 5 years of
eligible service, comparing it with the current hours worked, (i.e. as at 29
January 2006) and using the higher figure to determine the proportion the
number of hours worked by the employee bears to 38. Each week of accrued leave
is then multiplied by the determined proportion of the number of hours of work
compared to 38, and further multiplied by 38 hours to determine the accrued
leave balance in hours.
(iv) An employee
shall be entitled to take any leave accrued under subclause (ii) and subclause
(iii) of this clause upon completion of ten years service with an employer.
Provided that an employee is further entitled to take any further leave accrued
under this clause upon completion of each subsequent 5 years of service or as
otherwise agreed with the employer.
(v) It is the
intention of the parties that the number of hours of long service leave accrued
by the employee can be taken at the employee’s current weekly hours of work
when the long service leave is taken.
For example, an employee works full-time for their
first ten years of employment and then reduces to 19 hours per week (0.5 of
full-time) for the next five years of their employment. The employee would
accrue 494 hours of long service leave for their first ten years of service and
then 123.5 hours of long service leave over their next five years of service, a
total of 617.5 hours long service leave. If the employee works 19 hours per
week (0.5 of full-time) at the time they commence leave, the employee would be
entitled to take their 617.5 hours of long service leave over 32.5 weeks (ie.
617.5 divided by 19).
(vi) In the case of
an employee who has completed at least five years service with an employer and
the service of the employee is terminated or ceases for any reason, such
employee shall be paid their accrued leave long service leave balance
calculated in accordance with subclause (ii) and subclause (iii) of this
Clause.
(vii) The service of
an employee with an employer shall be deemed continuous notwithstanding the
service has been interrupted by reason of the employee taking unpaid leave in
accordance with clause 19 Parental Leave - Schedule A Schools, but the period
during which the service is so interrupted shall not be taken into account in
calculating the period of service for the purpose of long service leave.
21A. Long Service
Leave - Schedule B Schools
The provisions of this clause shall apply to all employees
employed at schools listed at Schedule B of Part B of this Award.
(i) Applicability
of Long Service Leave Act 1955.
Except in so far as expressly varied by the provisions
of this clause, the provisions of the said Act shall apply to employees
employed under this award.
(ii) In respect of
service after 1 January 2001 by an employee who has at least 10 years service,
the long service leave entitlement of an employee shall be:
(a) in the case of
an employee who has completed ten years service, 13 weeks; and
(b) In respect of each
5 years since the employee last became entitled to long service leave, 6.5
weeks.
(c) In the case of
an employee who has completed at least five years service with an employer
where the service of the employee is terminated or ceases for any reason, the
employee shall be paid a proportionate amount of long service leave on the
basis of 13 weeks for ten years service from 1 January 2001 and on the basis of
two months for ten years service prior to 1 January 2001.
(Note: The Long
Service Leave Act 1955 provided for two months of long service leave for
ten years service).
(iii) The service of
an employee with an employer shall be deemed continuous notwithstanding the
service has been interrupted by reason of the employee taking parental leave
(including paid and unpaid leave in accordance with clause 20 Parental Leave -
Schedule B Schools), but the period during which the service is so interrupted
shall not be taken into account in calculating the period of service.
22. Bereavement Leave
(i) An employee
shall on the death of a spouse, father, mother, father-in-law, mother-in-law,
grandparent, brother, sister, child, step-child or grandchild, of the employee,
be entitled to paid leave up to and including the day of the funeral of such
relative. Such leave shall not exceed three days in respect of any such death.
An employee may be required to provide the employer with satisfactory evidence
of such death.
(ii) Where the
employee takes bereavement leave in accordance with subclause (i) of this
clause, an employer in their absolute discretion may grant the employee
additional leave without pay or leave with pay.
(iii) Where the
employee requests leave to attend a funeral of a person not specified in
subclause (i) the employer in their absolute discretion may grant the employee
leave as leave without pay or bereavement leave with pay.
(iv) Where an
employer grants an employee leave with pay in accordance with subclauses (ii)
or (iii) of this clause, such leave will be deducted from the employee’s
entitlement to sick leave in accordance with clause 17, Sick Leave.
(v) An employee
shall not be entitled to leave under this clause in respect of any period which
coincides with any other period of paid leave entitlement under this award or
otherwise.
(vi) Bereavement
Leave shall be available to the employee in respect to the death of a person in
relation to whom the employee could have utilised Personal/Carer’s Leave in
Clause 18, provided that for the purposes of Bereavement Leave, the employee
need not have been responsible for the care of the person concerned.
(vii) Bereavement
Leave may be taken in conjunction with other leave available under subclauses
18.4, 18.5, 18.6 and 18.7 of Clause 18 Catholic Personal/Carer’s Leave. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the school.
(viii) Casual
Employees
(a) Casual employees
are entitled to not be available to attend work, or to leave work upon the death
in Australia of a person in relation to whom the employee could have utilised
Catholic Personal/ Carer’s Leave in subclause 18.9, provided that for the
purpose of this bereavement entitlement, the casual employee need not have been
responsible for the care of the person concerned. A casual employee must notify
the employer as soon as practicable of the intention to access this entitlement
and may be required to provide the employer with satisfactory evidence of such
death.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage or
not engage a casual employee are otherwise not affected.
23. Jury Service
(i) A full-time or
part-time employee on weekly hiring required to attend for jury service during
their ordinary working hours shall be reimbursed by the employer an amount equal
to the difference between the amount paid in respect of their attendance for
such jury service and the amount of wage they would have received in respect of
the ordinary time they would have worked had they not been on jury service.
(ii) An employee shall
notify their employer as soon as possible of the date upon which they are
required to attend for jury service.
Further, the employee shall give their employer proof of their
attendance, the duration of such attendance and the amount received in respect
of such jury service.
24. Meal Allowances
An employee working overtime shall be paid a meal allowance
in any of the following circumstances:
(a) When required to
work beyond 6.00 pm. - the rate set by Item 1 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(b) If overtime
continues beyond 10.00 pm. - the rate set out in the said Item 1;
(c) Where the
employee agrees, an employer may supply his/her employees with a suitable meal
in which case the allowance set out in subclauses (a) and (b) of this clause
shall not be payable;
(d) Meal allowances
shall be paid not later than the next succeeding working day, except by mutual
arrangement.
25.
Other Allowances
An eligible
employee may only be paid one of the following allowances.
(i) Mixed Health Allowance
(a) An employee who:
(1) has been trained to render first-aid and
who is the current holder of appropriate first-aid qualifications, such as a
certificate from the St John Ambulance or similar body and has been required by
an employer to perform first-aid duty; and
(2) is required by an employer from time to
time to perform, or supervise, health care procedures on pupils of the school;
shall be paid
an allowance set out in Item 2 of Table 2 - Other Rates and Allowances, of Part
B, Monetary Rates.
(b) A person who receives this allowance can
also be called upon to dispense medication to pupils, or to supervise a pupil
who self-administers medication.
(c) This allowance is not paid when an
employee takes extended leave. Extended leave is any approved leave greater
than 4 weeks.
(ii) First Aid Allowance
(a) An employee who has been trained to render
first-aid and who is the current holder of appropriate first-aid
qualifications, such as a certificate from the St John Ambulance or similar
body, shall be paid an allowance as set out in Item 3 of Table 2 - Other Rates
and Allowances, of Part B, Monetary Rates, if the employee is required by the
employer to perform first-aid duty.
(b) A person who receives this allowance can
also be called on to dispense medication to pupils, or to supervise a pupil who
self administers medication.
(c) This allowance is not paid when an
employee takes extended leave. Extended leave is any approved leave greater
than 4 weeks.
(iii) Health Care Procedures Allowance
(a) An employee who is required by an employer
from time to time to perform, or supervise, health care procedures on pupils of
the school, shall be paid an allowance set out in Item 4 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates.
(b) All health care procedures will be in
accordance with a medical plan developed by the pupil’s treating practitioner
and provided to the employer from the pupil’s
parent(s)/guardian(s)/caregiver(s). For the purposes of this allowance a health
care procedure means any one or more of the following:
(i) Tube feeding
This includes
feeding via a gastromostomy or naso-gastic tube but does not include tube
insertion.
(ii) Suctioning
This includes shallow
suctioning including removal of secretions from the mouth, nose or around the
tracheostomy tube. This does not include tracheostomy tube changes.
(iii) Assisted toileting
This includes
assisting with self catherisation or catheter drainage equipment (urethral or
suprapubic) and aerating/emptying a colostomy bag. This does not include the
insertion of an indwelling urinary catheter.
(c) This allowance is only paid when:
(i) such procedures and/or supervision is
required by the employer; and
(ii) the employee is on duty.
(d) An employee who receives this allowance
may also be called upon to dispense medication to pupils or supervise a pupil
who self administers medication.
(iv) Medication Allowance
(a) An employee is required by an employer from
time to time to dispense medication to pupils of the school, or is required to
supervise a pupil, who self-administers medication, shall be paid an allowance
set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
(b) This allowance is only paid when:
(i) such procedures and/or supervision is
required by the employer; and
(ii) the employee is on duty.
26. Travelling
Expenses
(i) When an
employee, in the course of their duty, is required to go to any place away from
their usual place of employment, they shall be paid all reasonable expenses
actually incurred.
(ii) When an
employee, in the course of their duty, is required other than in ordinary
working hours to go to any place away from their usual place of employment,
they shall be paid all reasonable expenses actually incurred and in addition,
shall be paid at the ordinary rates for half of any time occupied in travelling
outside ordinary working hours which is in excess of the time normally occupied
by them in travelling from their home to their usual place of employment.
(iii) Any employee
required to provide a motor car shall be paid an allowance per week at the rate
set out in Item 6 of Table 2 - Other Rates and Allowances, of Part B-Monetary
Rates.
(iv) Where an
employee is required by their employer to use their own motor car on a casual
or incidental basis, they shall be paid an allowance as set out in Item 7 of
the said Table 2, during such use.
(v) If the employer
provides a vehicle he/she shall pay the whole of the cost of the upkeep,
registration, insurance, maintenance and running expenses.
27. Miscellaneous
Conditions
(i) Meal
Facilities:
Employees shall be supplied with facilities for tea
making and heating food.
(ii) Accommodation
for Meals:
Employers shall allow employees to partake of their
meals or tea breaks in a suitable place protected from the weather and every
such employee shall leave such place in a thoroughly clean condition.
(iii) Uniforms and
Protective Clothing:
(a) In the event of
an employee being required to wear a uniform, including laboratory coats such
uniform shall be provided by the employer and laundered at the employer’s
expense or, by mutual agreement, such employee shall be paid an amount as set
out in Item 8 of Table 2 - Other Rates and Allowances, of Part B - Monetary
Rates, as a laundry allowance.
(b) Where employees
are required to work in laboratories and required to use chemicals or other
injurious substances, they shall be supplied with overalls or lab coats, serviceable
rubber gloves, and masks free of charge.
(iv) Dressing
Accommodation:
Where it is necessary or customary for employees to
change their dress or uniform, suitable dressing rooms and dressing accommodation
and individual lockable lockers shall be provided.
(v) A first-aid kit
shall be supplied and readily available to all employees.
(vi) All materials,
equipment, etc., required for cleaning purposes shall be supplied by the
employer.
(vii) Protective
clothing, uniforms, or rubber gloves supplied pursuant to this award shall
remain the property of the employer and shall be returned upon termination of
employment.
(viii) School
Assistants who work regularly in a laboratory using chemicals on a regular
basis and/or continuous basis, may request an annual medical check-up at the
employer’s expense.
28. Disputes
Avoidance and Grievance Procedure
(i) The objective
of these procedures is the avoidance and resolution of industrial disputation,
arising under this award, by measures based on consultation, co-operation and
negotiation. Further, the parties agree
that, subject to the provisions of the Industrial Relations Act 1996,
all grievances, claims or disputes shall be dealt with in the following manner
so as to ensure the orderly settlement of the matter(s) in question.
(ii) Procedures
relating to grievances of individual employees:
(a) The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) A grievance must
initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion, the employer must provide a response to the
employee’s grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by a relevant union for the purpose of each procedure.
(iii) Procedures relating
to disputes, etc., between employers and their employees:
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Where it has not
been possible for an employer to resolve the question, dispute or difficulty in
the ordinary course of events at a school, the employer is required to notify
(in writing or otherwise) the employees as to the substance of the grievance
and require the employee to attend a meeting to discuss the grievance. The employee may bring another member of
staff or a representative of the relevant union to this meeting as a witness.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) While a
procedure is being followed, normal work must continue.
(e) The employer may
be represented by an employer representative and the employees may be
represented by a relevant union for the purpose of each procedure.
29. Superannuation
(i) Fund
(a) The New South
Wales Non-Government Schools Superannuation Fund shall be made available by
each employer to each employee.
(b) The Clerical and
Administrative & Retail Employees Plan shall be offered to each employee
employed in a clerical or administrative capacity prior to 23 July 2001.
(ii) Definitions
For the purpose of this clause, the following
definitions shall apply:
(a) "Basic
Earnings" for the purposes of this clause shall mean the minimum weekly or
hourly rate of pay prescribed for the employee by this award and the amount of
any payment made to the employee pursuant to Clause 15, Annual Leave and
Payment on Termination.
(b) "Fund"
means either
(1) the New South Wales
Non-Government Schools Superannuation Fund; or
(2) the Clerical
Administrative and Retail Employees Plan; or
(3) any other
superannuation fund approved in accordance with the Commonwealth operational
standards for occupational superannuation funds which the employee is eligible
to join and which is approved by the employer as a fund into which an employee
of that employer may elect to have the employer pay contributions made pursuant
to this award in respect of that employee including any Catholic diocesan
superannuation fund existing as at the date of this award which is approved in
accordance with the standards and is approved by the employer.
(iii) Benefits
(a) Except as
provided in paragraphs (c), (d) and (f) of this subclause, each employer shall,
in respect of each employee employed by the employer, pay contributions into a
fund to which the employee is eligible to belong and, if the employee is
eligible to belong to more than one fund, the fund nominated by the employee,
at the rate of nine per cent of the
employee’s basic earnings.
(b) Subject to
paragraph (d) of this subclause, contributions shall be paid at intervals in
accordance with procedures and subject to the requirements prescribed by the
relevant fund or as agreed between each employer and the trustees of a fund.
(c) An employer
shall not be required to make contributions pursuant to this clause in respect
of an employee in regard to a period when that employee is absent from his or
her employment without pay.
(d) Contributions shall
commence to be paid from the beginning of the first pay period commencing on or
after the employee’s date of engagement.
Provided that if the employee has not applied to join a
fund within six weeks of the employee’s day of engagement the employer shall
commence to pay contributions from the beginning of the next pay period
commencing on or after the date on which the employee applies to join a fund.
(e) the employee
shall advise the employer in writing of the employee’s application to join a
fund pursuant to this award.
(f) An employer
shall make contributions pursuant to this award in respect of
(1) casual employees
who earn in excess of $ 2,090.00 during their employment with that employer in
the course of any year, running from 1 July to the following 30 June (all such
casual employees are hereinafter called "qualified employees"); and
(2) qualified
employees in each ensuing year of employment with that employer.
Such contributions shall be made in respect of all days
worked by the qualified employee for the employer during that year and shall be
paid by the employer to the relevant fund at the time of issue of the employee
of his or her annual group certificate, provided that prior to the immediately
preceding 30 June the employee has applied to join a fund.
(g) Where an
employer approves a fund, other than the Non-Government Schools Superannuation
Fund, as one to which the employer will pay contributions in respect of its
employees or a class or classes of such employees within two weeks of such
approval, the employer shall notify its employees of such approval and shall,
if an employee so requests, provide the employee with a copy of the trust deed
of such fund and of a letter from the Insurance and Superannuation Commissioner
granting interim or final listing to the fund at a cost of eighty cents per
page of such copies.
(h) An employer
shall not be required to make contributions pursuant to this clause in respect
of employees aged 75 years or older; or in respect of employees aged 70 to 74
for periods where those employees have been employed for less than 40 hours in
a 30 day period within the financial year during which the contributions would
otherwise be made.
(iv) Transfer
between Funds
If an employee is eligible to belong to more than one
fund, the employee shall be entitled to notify the employer that the employee
wishes the employer to pay contributions in respect of the employee to a new
fund but shall not be entitled to do so within three years after the notification
made by the employee pursuant to paragraph (e) of sub-clause (iii) of this
clause or within three years after the last notification made by the employee
pursuant to this clause. The employer
shall only be obliged to make such contributions to the new fund where the
employer has been advised in writing:
(a) of the
employee’s application to join the other fund; and
(b) that the
employee has notified the trustees of the employee’s former fund that the
employee no longer wishes the contributions which are paid on the employee’s
behalf to be paid to that fund.
(v) Explanatory
Clause
The figure which appears in subparagraph (1) of
paragraph (f) of subclause (iii) of this clause, is calculated by the following
formula:
Level 1 employee casual hourly
rate of pay
|
x
|
19
eight-hour days
|
|
|
(1
month)
|
or $2,090.00, whichever is
the greater.
|
|
|
30.
Anti-Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the objective of
section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(ii) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award that parties have obligations to take all reasonable
steps to ensure that the operations of this award are not directly or
indirectly discriminatory in their effects.
It will be consistent with the fulfilment of these obligations for the
parties to make application to vary any provision of the award, which, by its
terms or operation, has a direct or indirect discriminatory effect.
(iii) Under the Anti
Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempt for anti discrimination legislation:
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or practice
of a body established to propagate religion which is exempted under section
56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination on any State or federal
jurisdiction.
(v) This clause does
not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
31. Fair Procedures
for Investigating Allegations of Reportable Conduct and Exempt Allegations
Pursuant to the Ombudsman Act 1974
(i) Definitions
For the purpose of this clause:
"Child" means a person under the age of 18
years.
"Reportable Conduct" as defined in the Ombudsman
Act 1974 means:
(a) Any sexual
offence, or sexual misconduct, committed against, with or in the presence of a
child (including a child pornography offence), or
(b) Any assault, ill
treatment or neglect of a child, or
(c) Any behaviour
that causes psychological harm to a child whether or not, in any case, with
consent of the child.
"Exempt Allegation" means an allegation to
which one or more of the exemptions to reportable conduct pursuant to the
Ombudsman Act 1974 applies. These
exemptions are:
(a) conduct that is reasonable
for the purpose of the discipline, management or care of children, having
regard to the age, maturity, health or other characteristics of the children
and to any relevant codes of conduct or professional standards, or
(b) the use of
physical force that, in all the circumstances, is trivial and negligible, but
only if the matter is to be investigated and the result of the investigation
recorded under workplace employment procedures, or
(c) conduct of a
class or kind exempted from being reportable conduct by the Ombudsman under
section 25CA of the Ombudsman Act 1974.
"Reportable allegation" means an allegation
of reportable conduct against an employee or an allegation of misconduct that
may involve reportable conduct.
(ii) Natural
Justice to employees in dealing with reportable allegations and exempt
allegations
An employee, against whom a reportable allegation or an
exempt allegation has been made in the course of employment, is to be informed
by his or her employer (or the person delegated by his or her employer to do
so) of the reportable allegation or exempt allegation made against them and be
given:
(a) an opportunity
to respond to the reportable allegation or exempt allegation; and
(b) sufficient
information to enable them to respond to the matters alleged against
him/her. He or she must be given full
details unless the Police or other government agency involved in the
investigation of the matters alleged against the employee, have otherwise
directed the employer not to do so.
Where an interview is required, the employee shall be
advised in advance of the general purpose of any interview relevant to the
reportable allegation or exempt allegation the names and positions of persons
who will be attending the interview; the right to be advised of an entitlement
to be accompanied by a person of the employee’s choice (a witness), and
sufficient notice of the proposed meeting time to allow such witness to
attend. Such witness may be a union
representative.
(iii) Access to
files
(a) Such employee is
to be informed by his or her employer of the location of any files that the
employer holds relating to the employee, concerning a reportable allegation or
an exempt allegation made against the employee.
(b) The employee
may, subject to giving reasonable notice, have the right to inspect such files
held by the employer.
(c) The employer may
restrict or withhold access to any such file, or part of a file, where the
employer has reason to believe that the provision of access would either;
(1) compromise or
put at risk the welfare or safety of a child who is the alleged victim or
subject of the reportable allegation or exempt allegation, or
(2) contravene any
statutory provision, or guideline or policy directive of an government authority
or agency, in relation to the reporting or investigation, including police
criminal investigation, of any reportable allegation or exempt allegations, or
(3) prevent the
employer from conducting or completing the investigation or reporting of the
details of a reportable allegation or an exempt allegation against an employee,
in compliance with any statutory deadline.
(iv) Additional
Documentation from Employee
(a) An employee
against whom a reportable allegation or an exempt allegation has been made may
submit to his or her employer documentation, in response to the matters alleged
against him or her.
(b) The employer
must place such documentation on the file held by the employer concerning the
reportable allegation or exempt allegation made against the employee.
(v) Confidentiality
of documents and files
(a) The employer
must implement procedures to safeguard the confidentiality of any file held by
the employer concerning any reportable allegation or exempt allegations made
against an employee.
32. Labour
Flexibility
(i) An employer may
direct an employee to carry out such duties as are within the limits of the
employee’s skill, competence and training consistent with the classification
structure of this award, provided that such duties are not designed to promote
deskilling.
(ii) An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained in the use of such tools and equipment.
(iii) Any direction
issued by an employer, pursuant to subclauses (i) and (ii) of this clause,
shall be consistent with the employer’s responsibilities to provide a safe and
healthy working environment.
(iv) An employee
whose major and substantial duties are clerical and administrative can be
required to perform the duties of a school assistant at an equivalent or lower
level provided that the employee has the competence to perform those duties.
(v) An employee
whose major and substantial duties are those of a school assistant can be
required to perform clerical and administrative duties at an equivalent or
lower level provided that the employee has the competence to perform those
duties.
(vi) A shop employee
can be required to perform the duties of a school assistant or clerical and
administrative duties at an equivalent or lower level provided that the
employee has the competence to perform those duties.
(vii) Employees
covered by this award shall also perform work which is incidental or peripheral
to their main tasks or functions.
33. No Extra Claims
33.1 Subject to the
provisions of Clause 34, Leave Reserved, it is a term of this award that the
unions will not make or pursue any extra award claims for improvements in wages
or other terms and conditions of employment until 31 December 2011.
33.2 The parties agree
that the wage increases provided for in this award are in lieu of any
improvements provided under any decision of the Industrial Relations Commission
of New South Wales (including any State Wage Case Decision) handed down prior
to or during the nominal term of this award and until 31 December 2011 and no
claim can be made for such.
34. Leave Reserved
34.1 Notwithstanding
the provisions of Clause 33, No Extra Claims, leave is reserved by the parties
to apply for the variation of subclauses 20.1 (maternity leave) and 20.2
(adoption leave) of Clause 20, Parental leave - Schedule B Schools, during the
life of this award. Such leave is reserved to give effect to any future
improvements to maternity leave and adoption leave conditions that may arise
under the Teachers (Independent Schools) (State) Award 2004.
35. Area, Incidence
and Duration
(i) This award
rescinds and replaces the School Support Staff (Catholic Independent Schools)
(State) Award 2005 published 13 January 2006 (356 I.G. 196), as varied.
Note:
The School Support Staff (Catholic Independent Schools)
(State) Award 2001 replaced the Miscellaneous Workers (Independent Schools and
Colleges, &c. (State) Award published 17 February 1995 (283 I.G. 1193) as
varied, and the Shop Employees (State) Award published 18 May 2001 (324 I.G.
935) insofar as those awards applied to employees classified under the Shop
Stream of that award from 23 July 2001.
(ii) This award
shall apply to all employees as defined in subclause (iii) of Clause 3 and
Clause 6, Wages, employed in Catholic schools in New South Wales with the
exception of Loreto Kirribilli, and with the exception of schools operated by
the Archdioceses of Canberra-Goulburn or Sydney or by one of the Dioceses of
Armidale, Bathurst, Broken Bay, Lismore, Maitland-Newcastle, Parramatta, Wagga
Wagga, Wilcannia-Forbes or Wollongong. The Catholic schools covered by this
award include those listed in Schedule A and Schedule B of Part B of this
Award.
(iii) It shall take
effect on and from 18 December 2008 and shall remain in force for a period of
three years.
PART B
MONETARY RATES
Table 1 -
Wage Rates
Level
|
First full pay
period on or
|
First full pay
period on or
|
First full pay period
on or
|
|
after 29 January
2009
|
after 29 January
2010
|
after 29 January
2011
|
|
(4%)
|
(4%)
|
(4%)
|
|
$
|
$
|
$
|
1
|
45,811
|
47,643
|
49,549
|
2a
|
47,480
|
49,379
|
51,354
|
2b
|
47,954
|
49,872
|
51,867
|
2c
|
48,430
|
50,367
|
52,382
|
3a
|
50,697
|
52,725
|
54,834
|
3b
|
51,204
|
53,252
|
55,382
|
3c
|
51,711
|
53,779
|
55,930
|
4a
|
53,913
|
56,070
|
58,313
|
4b
|
54,450
|
56,628
|
58,893
|
4c
|
54,990
|
57,190
|
59,478
|
5
|
57,256
|
59,546
|
61,928
|
6
|
63,247
|
65,777
|
68,408
|
Table 2 - Other
Rates and Allowances
Item
|
Clause
|
Brief Description
|
As at
|
From
|
From
|
From
|
No
|
No
|
|
29 January
|
29 January
|
29 January
|
29 January
|
|
|
|
2008
|
2009
|
2010
|
2011
|
|
|
|
|
(4%)
|
(4%)
|
(4%)
|
|
|
|
$
|
$
|
$
|
$
|
1*
|
24
|
Overtime/Meal
|
10.52
|
11.96
|
11.96
|
11.96
|
|
|
Allowance
|
|
|
|
|
2
|
25(i)
|
Mixed Health
|
|
30.98 per
|
32.22 per
|
33.51 per
|
|
|
Allowance
|
|
week
|
week
|
week
|
|
|
|
|
6.20
per day
|
6.44 per day
|
6.70 per day
|
3
|
25(ii)
|
First Aid
|
15.30 per
|
15.91 per
|
16.55 per
|
17.16 per
|
|
|
Allowance
|
week
|
week
|
week
|
week
|
|
|
|
3.06 per day
|
3.18 per day
|
3.31 per day
|
3.43 per day
|
4
|
25(iii)
|
Health Care
|
|
15.81 per
|
16.44 per
|
17.10 per
|
|
|
Procedures
|
|
week
|
week
|
week
|
|
|
|
|
3.16 per day
|
3.29 per day
|
3.42 per day
|
5
|
25(iv)
|
Medication
|
7.68 per week
|
7.99 per week
|
8.31 per week
|
8.64 per week
|
|
|
Allowance
|
1.54 per day
|
1.60 per day
|
1.66 per day
|
1.73 per day
|
6*
|
26(iii)
|
Own Car
|
89.64 per
|
101.02 per
|
101.02 per
|
101.02 per
|
|
|
Allowance - for a
|
week
|
week
|
week
|
week
|
|
|
vehicle 1500cc
|
|
|
|
|
|
|
under
|
|
|
|
|
|
|
|
|
|
|
|
|
|
For a vehicle
over
|
110.80 per
|
124.87 per
|
124.87 per
|
124.87 per
|
|
|
1500cc
|
week
|
week
|
week
|
week
|
7*
|
26(iv)
|
Own Car
|
|
|
|
|
|
|
Allowance for use
|
0.57 per km
|
0.64 per km
|
0.64 per km
|
0.64 per km
|
|
|
on a casual or
|
|
|
|
|
|
|
incidental basis
|
|
|
|
|
8*
|
27
|
Laundry
|
|
|
|
|
|
(iii)(a)
|
Allowance
|
6.25 per week
|
6.90 per week
|
6.90 per week
|
6.90 per week
|
Items 1, 6, 7 and 8
to be adjusted for CPI increases. Current rates have been adjusted to include
the September Quarter 2008.
SCHEDULE A
List of Catholic
Independent Schools Covered by this Award and Bound by Clause 19
Berne Education Centre Lewisham
|
St Edmund’s School, Wahroonga
|
Boys Town, Engadine
|
St Edward College, East Gosford
|
Brigidine College, St Ives
|
St Gabriel’s School for Hearing Impaired Children,
|
|
Castle Hill
|
Christian Brothers High School, Lewisham
|
St Gregory’s Armenian School, Rouse Hill
|
Edmund Rice College, Wollongong
|
St Gregory’s College, Campbelltown
|
Holy Saviour School, Greenacre
|
St Josephs College, Hunters Hill
|
Mater Dei, Camden
|
St Lucy’s School for the Blind, Wahroonga
|
Mount St Benedict College, Pennant Hills
|
St Maroun’s School, Dulwich Hill
|
Mount St Joseph
Milperra
|
St Patrick’s College, Campbelltown
|
Oakhill College, Castle Hill
|
St Patrick’s College, Strathfield
|
Our Lady of Lebanon College, Harris Park
|
St Paul’s International College, Moss Vale
|
Our Lady of Mercy College, Parramatta
|
St Pius X College, Chatswood
|
Red Bend Catholic College, Forbes
|
St Scholastica’s College, Glebe
|
St Augustine’s College, Brookvale
|
Santa Sabina College, Strathfield
|
St Charbel’s College, Punchbowl
|
Trinity Catholic College, Lismore
|
St Clare’s College, Waverley
|
Waverley College, Waverley
|
St Dominic’s College, Kingswood
|
|
SCHEDULE
B
List of Catholic Independent
Schools Covered By This Award And Bound by Clause 20
Chevalier College, Bowral
|
St Ignatius College, Riverview
|
Kincoppal, Rose Bay
|
St Stanislaus College, Bathurst
|
Loreto College, Normanhurst
|
St Vincent’s College, Potts Point
|
Monte Sant Angelo College, North Sydney
|
St Mary Star of the Sea College, Wollongong
|
Rosebank College, Five Dock
|
Stella Maris College, Manly
|
St Aloysius College, Milsons Point
|
|
PART C
Indicative Duties Of
School
Assistants
(i) Level 2 School
Assistant
An employee at this level may be required by the
employer to undertake the following indicative duties:
Indicative Duties:
setting up areas for teaching/examination activities
cleaning up after activities
maintaining tidiness of school property
washing students (to Year 6)
assisting students (to Year 6) in their dressing needs
toileting students (to Year 6)
unpacking, sorting and checking of equipment
performing routine and incidental "clerical"
work in connection with the area of work (e.g. filing, typing, keying data into
computer)
checking books in and out
copying and duplication of materials
assembling, dismantling, and safeguarding articles or
equipment or teaching aides for demonstration or practical work
carrying out minor maintenance on same
receiving, issuing, distributing, stock-taking and
safeguarding of goods, supplies, stores, materials and equipment, including
teaching resources and excluding dangerous goods
the organisation of rooms, furniture and material for
examinations or other occasions as required
the setting up and care of public address systems and
security alarm systems and other related duties
basic first aid, if qualified, and directed to
undertake this role
basic preparation of practical work for use in the
classroom
assisting with supervision of students on excursions
preparing for excursions - duties not directly related
to educational component
incidental cleaning and incidental clerical duties as
directed
maintaining database information
basic operation of computer software
maintain petty cash or assist with recording finances
basic repair of resource material
general supervision of students under the direction of
a teacher
regular basic maintenance of equipment
basic care of flora and fauna.
(ii) Level 3 School
Assistant
An employee at this level may be required by the
employer to undertake any of the tasks required at Level 2 in addition to the
following duties:
Indicative Duties:
washing disabled or other students
assisting disabled or other students in their dressing
needs
toileting disabled or other students
care of flora and fauna not requiring specialised
knowledge
travel with a student with mild or moderate
intellectual disability
handling, storing and distributing goods and resources
maintenance and operation of equipment requiring the
application of limited skills
completion of stock control documentation
regular cleaning and maintenance of equipment including
audio-visual equipment
preparation of displays
preparation of charts, diagrams and models
interpreting problems of non-English-speaking students
to teachers (bi-lingual aides only)
interpreting within the school community
preparation of general laboratory experiments
preparing simple chemical solutions and, under
instruction, more complicated solutions
using appropriate storage systems, including for
dangerous and toxic substances
monitoring expenditure on resources
researching reference material under the direction of a
teacher
assisting with the supervision of students during
non-teaching periods
assisting a teacher with a small group of students in
an area adjacent to that concurrently used by the responsible teacher
supervising "quiet work" of small groups of
students in other than a classroom situation
(iii) Level 4 School
Assistant
In addition to undertaking the duties of a Level 3
employee, an employee at this level will be required by the employer to
undertake additional duties as required for Level 4:
Indicative Duties:
assisting in teaching duties under the direction and
general supervision of a qualified teacher or an employee at Level 5 of this
award
under direction, taking students for their individualised
teaching plans in specific areas
reporting to teachers on students’ progress and
charting of individual teaching plans
assisting therapists in their work with students
carrying out individual programs of a self help nature that
develop independent living skills in students
taking part in case management meetings with teachers
responsibility for library if no librarian is present
preparation of complex laboratory experiments
developing appropriate storage systems, including for
dangerous and toxic substances
assisting a teacher to take a group of not more than 5
students for duties of a non-teaching nature involving skills in a language
other than English
assistance in the training of employees at a lower
level
travel with up to 4 students with mild or moderate
intellectual disability
(iv) Level 5 School
Assistant
In addition to undertaking the duties of a Level 4
employee, an employee at this level will be assessed, by the employer, as
undertaking additional duties as required for a Level 5:
Indicative Duties
in conjunction with teachers, planning teaching
programs
in conjunction with teachers, preparing reports for
parents
providing in-service to teachers in specific technical
or other areas
supervision, training and coordination of staff, and
responsibility for their efficient allocation and control
assisting with assessment and appraisal of students
researching reference material for teachers
maintaining budgetary information for one or more
areas, such as kitchens, laboratories, libraries or workrooms
repair of equipment requiring technical knowledge and
expertise
purchase of resources in conjunction with a teacher or
other qualified member of staff
supervise travel training for a student with a mild
intellectual disability.
PART D
Redundancy
1.1 This Part shall
apply in respect of full-time and part-time persons employed in the
classifications specified by the award.
1.2 This part shall
only apply to employers who employ 15 or more employees immediately prior to
the termination of employment of employees.
1.3 Notwithstanding
anything contained elsewhere in this award, the provisions of this part shall
not apply to employees with less than one year’s continuous service and the
general obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
1.4 This part shall
not apply where employment is terminated as a consequence of conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty, or in the case of casual employees, apprentices or employees engaged for
a specific period of time or for a specified task or tasks or where employment
is terminated due to the ordinary and customary turnover of labour.
2. Employers Duty
to Notify and Discuss
2.1 Where an employer
has made a definite decision to introduce major changes in production, program,
organisation, structure or technology that are likely to have significant
effects on employees, the employer shall notify the employees who may be
affected by the proposed changes and the union to which they belong.
2.2 The employer
shall discuss with the employees affected and the union to which they belong
the introduction of such changes and the likely effect on the employees and the
measures taken to avert or mitigate the adverse effects of such changes.
2.3 ‘Significant
effects’ include termination of employment, major changes in the composition,
operation or size of the employers 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.
3. Discussions
Before Terminations
3.1 Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone and that decision may lead to
the termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
3.2 The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subclause 3.1 of this
clause and shall cover, inter alia, any reasons for the proposed terminations,
measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of any termination of the employees concerned.
3.3 For the purposes
of the discussion the employer shall, as soon as practicable, provide to the
employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
4. Notice for
Changes in Production, Program, Organisation Or Structure
4.1 This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, program, organisation or structure in
accordance with clause 2 of this part.
4.1.1 In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period
of continuous service
|
Period
of Notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
4.1.2 In addition to
the notice above, employees over 45 years of age at the time of the giving of the
notice with not less than two years continuous service, shall be entitled to an
additional week’s notice.
4.1.3 Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.2 Notice for
Technological Change
This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from ‘technology’
in accordance with clause 2 of this part.
4.2.1 In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
4.2.2 Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.2.3 The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
4.3 Time off during
the notice period
4.3.1 During the period
of notice of termination given by the employer an employee shall be allowed up
to one day’s time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purposes of seeking other employment.
4.3.2 If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
4.4 Employee leaving
during the notice period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this part had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
4.5 Statement of
employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
4.6 Notice to
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify the Centrelink as soon as possible giving relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
4.7 Centrelink
Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
‘Employment Separation Certificate’ in the form required by the Centrelink.
4.8 Transfer to
lower paid duties
Where an employee is transferred to lower paid duties
for reasons set out in clause 2 of this part, the employee shall be entitled to
the same period of notice of transfer as the employee would have been entitled
to if the employee’s employment had been terminated, and the employer may at
the employer’s option make payment in lieu thereof of an amount equal to the
difference between the former ordinary time rate of pay and the new ordinary
time rate for the number of weeks of notice still owing.
5. Severance Pay
5.1 Where an
employee is to be terminated pursuant to clause 4 of this part, subject to
further order of the Industrial Relations Commission of New South Wales, the employer
shall pay the following severance pay in respect of a continuous period of
service:
5.1.1 If an employee is
under 45 years of age, the employer shall pay in accordance with the following
scale:
Years
of Service
|
Under
45 Years of Age Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4
weeks
|
2 years and less than 3 years
|
7
weeks
|
3 years and less than 4 years
|
10
weeks
|
4 years and less than 5 years
|
12
weeks
|
5 years and less than 6 years
|
14
weeks
|
6 years and over
|
16
weeks
|
5.1.2 Where an employee
is 45 years old or over, the entitlement shall be in accordance with the
following scale:
Years
of Service
|
45
Years of Age and Over Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5
weeks
|
2 years and less than 3 years
|
8.75
weeks
|
3 years and less than 4 years
|
12.5
weeks
|
4 years and less than 5 years
|
15
weeks
|
5 years and less than 6 years
|
17.5
weeks
|
6 years and over
|
20
weeks
|
5.1.3 ‘Weeks Pay’ means
the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances provided for in the relevant award.
5.1.4 Where an employee
is subject to a reduction of working hours of 6 or more hours per fortnight,
the reduction will be treated as a partial redundancy. A pro rata payment will be made in
accordance with the severance payments set out in paragraphs 5.1.1 and 5.1.2
above.
5.2 Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 5.1.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in subclause 5.1
above will have on the employer.
5.3 Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 5.1 if the
employer obtains acceptable alternative employment for an employee.
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.