KU CHILDREN’S
SERVICES (OTHER THAN TEACHERS) (STATE) CONSENT AWARD 2000
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application
by KU Children's Services.
(No. IRC
7343 of 1997)
|
Before the Honourable Justice Glynn
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6 June 2000 and 2 May
2001
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VARIATION
1. Insert in
numerical order in clause 1, Arrangement, of the award published 4 May 2001 (324
I.G. 615), as varied, the following new clause number and subject matter:
4A. Fixed Term
Employees
2. Insert in
clause 3, Definitions the following new subclause (v):
(v) "Fixed
Term Employee" means an employee (not employed in a pre-school service)
engaged pursuant to clause 4 of this award.
Fixed term employees may only be engaged in work based services. TAFE's and universities and AMEP.
3. Renumber
subclauses 3(v) to 3(ix) to subclauses 3(vi) to 3(x) respectively.
4. Insert after
clause 4, Contract of Employment, the following new clause 4A:
4A. Fixed Term
Employees
Notwithstanding anything contained in the parent awards the
employer may engage employees on a full-time or part-time basis for a specified
period which is not less than 20 days nor more than 2 years on the following
terms:
(a) Fixed term
employees:
(i) Shall accrue
pro-rata sick leave and be able to carry their sick leave accrual from one
engagement to the next, provided that the break in service is not more than
four months.
(ii) Shall have
their period of service deemed as continuous for the purpose of long service
leave provided that the break in service is not more than four months.
(iii) Shall be
entitled to pro-rata leave (bereavement leave; jury duty leave; examination and
study leave; attendance at in-service etc.) provided for under the award.
(iv) Shall be
eligible for casual employment with the employer outside any periods of fixed
term employment.
(v) Shall not be
entitled to take RDO's during the period of fixed term employment - RDO's are
to be paid at the conclusion of the period of fixed term employment.
(vi) Shall be paid
their annual leave entitlement at termination and shall not be entitled to take
their annual leave during the period of fixed term employment, unless the
period of fixed term employment on any occasion is greater than 12 months where
KU may direct an employee to take annual leave when the centre is closed.
(vii) Shall be paid
pro-rata annual leave loading at termination.
(viii) The first four
weeks of employment for a fixed term employee shall be a period of
probation. During this period, either
party may terminate with one days' notice.
(ix) In the event
that a fixed term employee commences a further period of fixed term employment
within 12 months' of the most recent engagement, then there is no requirement
for a further period of probation for that engagement.
(x) In
circumstances where beyond the control of KU an employee engaged pursuant to
this clause cannot be gainfully employed for the course of the fixed term
engagement, KU may transfer a fixed term employee to another KU service,
including a pre-school, if necessary.
The transfer shall be reasonable in all of the circumstances and the
employee will not suffer a loss in pay.
Where the only alternative to termination is to transfer the employee to
a pre-school, then KU shall advise the Union of the need to redeploy the
employee and such advice shall be in writing.
The period of notice to be given by KU in transferring an employee shall
be 7 working days or otherwise by agreement.
(xi) In the event
that it becomes necessary for KU to terminate the employment of a fixed term
employee due to a downturn in work, KU will pay the employee the remainder of
the original offer of fixed term employment.
(xii) In the event
of the employee terminating employment, the employee shall be required to
provide 7 working days' written notice or the forfeiture of wages in lieu of
such notice. In such circumstances, the
employee shall not be entitled to pro-rata annual leave loading on termination
or for continuity of service for the purpose of long service leave in the event
of re-employment if the period between engagements is greater than four months.
(xiii) In the event
where a fixed term employee terminates their employment, KU will replace such
an employee with a fixed term employee where possible for the remainder of that
original period of fixed term engagement.
(xiv) In the event
that it becomes necessary for KU to terminate the employment of a fixed term
employee due to a downturn in work, after all options for transfer have been
considered and explored, KU will provide the employee with 7 working days'
notice of the intent to terminate.
(xv) This clause
shall not affect the rights of KU to dismiss any employee without notice for
misconduct and in such cases wages shall be paid up to the time of dismissal
only.
(xvi) This clause
does not affect the right of KU to terminate in circumstances where the
employees conduct or performance amounts to a repudiation of the contract. In
such cases, KU will provide the employee with 7 working days' notice and KU
will not be required to pay the remainder of the contract.
(b) Fixed Term
Employees will be treated by the employer as permanent employees for the
purpose of applications for permanent positions within KU in accordance with
KU's Staff Appointment and Transfer Policy, including internally advertised
positions. This means that a fixed term
employee must have a minimum period of service of an aggregate of 12 months
prior to requesting a transfer.
(c) Permanent
employees will not be directed to be engaged in fixed term positions.
(d) The engagement
of fixed term employees will be the subject of information sharing and review
between the Union and KU at least 12 months after the effective date of this
award and then at 2 years after the effective date. The parties reserve their rights to raise any issues of concern
at any time during the implementation of the above award provisions.
(e) Parental leave
- In relation to parental leave, the provisions of the Act will apply with the
exception of the following provisions:
(i) Fixed term
employees shall be entitled to parental leave once their period of service is a
continuous aggregate period of 52 weeks. Breaks of not more than 4 months of
service shall not be deemed to be a break in service for this purpose. Discrete periods of casual employment of at
least one week (5 continuous working days) worked continuously shall count as
service. Completed weeks (5 continuous
days) worked only are to be counted.
For the purpose of
continuity of service, if paid leave is taken during the course of employment,
it shall be counted as service. If
forms of paid leave are paid out on termination, then such periods will not be
considered to be service.
(ii) Where a fixed
term employee has taken parental leave and upon return to work the period of
engagement has expired, the employer will endeavour to place such an employee
in an alternative position. Such
employees cannot be guaranteed a position upon resumption of parental leave.
(iii) Where a fixed
term employee has taken parental leave and upon return to work the employee's
position no longer exists but the period of original engagement has not yet
expired, KU will endeavour to place such employees in alternative positions. In
the event that KU is unable to find the employee a position, then the employee
will be paid out for the balance of that contract.
(iv) Any parental
leave replacement employees of fixed term employees shall be temporary
employees in accordance with the definition in the parent award. Such replacement employee shall be advised
of the temporary nature of the period of employment accordingly.
5. This variation
shall take effect on and from 2 May 2001.
L. C. GLYNN J.
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Printed by the authority of the Industrial Registrar.