MAINTENANCE AND OUTDOOR STAFF (CATHOLIC SCHOOLS) (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Notice
of award review pursuant to section 19 of the Industrial Relations Act 1996.
(No. IRC 4686
of 2001)
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Before Mr Deputy President Sams
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1 August 2001
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REVIEWED AWARD
1. ARRANGEMENT
PART A
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Clause No.
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Subject Matter
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1.
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Arrangement
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2.
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Title
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3.
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Definitions
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4.
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Contract of Employment
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5.
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Redundancy
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6.
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Wages
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7.
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Payment of Wages
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8.
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Work During Pupil Vacation Periods
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9.
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Hours
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10.
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Implementation of 38-Hour Week
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11.
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Overtime
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12.
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Tea Break
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13.
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Meal Breaks
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14.
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Public Holidays
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15.
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Annual Leave and Payment on Termination
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16.
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Annual Leave Loading
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17.
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Sick Leave
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18.
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Catholic Personal/Carer's Leave
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19.
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Parental Leave
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20.
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Maternity Allowance
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21.
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Long Service Leave
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22.
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Bereavement Leave
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23.
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Jury Service
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24.
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Meal Allowances
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25.
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First-Aid and Medication Allowances
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26.
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Travelling Expenses
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27.
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Miscellaneous Conditions
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28.
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Anti-Discrimination
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29.
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Disputes Avoidance and Grievance Procedure
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30.
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Apprenticeship Trades
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31.
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Superannuation
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32.
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Labour Flexibility
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33.
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No Extra Claims
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34.
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Area, Incidence and Duration
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PART B
MONETARY RATES
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Table 1
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Wage Rates
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Table 2
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Other Rates and
Allowances
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Annexure A
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Sick Leave
Portability
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PART C
REDUNDANCY
2. TITLE
This award shall be known as the Maintenance and Outdoor
Staff (Catholic Schools) (State) Award.
3. DEFINITIONS
(i) "Award"
means the Maintenance and Outdoor Staff (Catholic Schools) (State) Award.
(ii) "Basic
Earnings" mean the minimum rate of pay prescribed for an employee by the
award.
(iii) "Employee" means an employee
whose principal duties are the maintenance of buildings, plant and equipment;
the preparation and upkeep of grounds or other similar duties as directed by
the employer.
(iv) "Full-time
Employee" means an employee who works thirty eight hours per week.
(v) "Part-time Employee" means an
employee who works a constant number of ordinary hours less than 38 hours 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 (as set out in sub-clause (ii) of Clause
34, Area, Incidence and Duration of this award).
(viii) "Union": means either the New South
Wales Independent Education Union or the Australian Liquor, Hospitality and
Miscellaneous Workers Union, Miscellaneous Workers Division, New South Wales
Branch.
(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) Whether the employment incorporates a
probationary period and the length of the probationary period, provided that a
probationary period may only apply if the employer has advised the employee in
writing at the time of offer of appointment of the fact and length of the
probationary period. A probationary
period shall not exceed three months.
The employee shall be advised of any concerns of the employer in
relation to the employee’s performance and the steps to be taken by the
employee to address these concerns at least four weeks before the end of the
probationary period.
(b) the classification and rate of pay of the employee;
(c) the number of hours to be worked each week;
(d) a statement in relation to superannuation entitlements.
(e) whether the rate of pay is payable
during term time only or throughout the year in accordance with paragraph (c)
of subclause (viii) of clause 6, Wages.
(ii) Stand down
(a) Subject to clause 10, Implementation of
38 Hour Week, an 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 further 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.
(c) An employee not stood down during
school vacation periods prior to the making of this award shall not be stood
down after the making of this award except by agreement.
(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
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Years of Continuous
Service
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Notice Period
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Less than 1 year
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1 week minimum
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More than 1 year but less than 3 years
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2 weeks minimum
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More than 3 years but less than 5 years
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3 weeks minimum
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More than 5 years
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4 weeks minimum
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(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) 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.
5. REDUNDANCY
See Part C - Redundancy.
6. WAGES
(i) An employee
shall be classified as level A or level B as follows:
(a) Level A means an employee who does not
hold qualifications required of an employee at level B or perform duties at
level B.
(b) Level B means an employee who holds
trade qualifications, other post-secondary training or has skills recognised by
the employer as equivalent, such qualifications, training or skills being
relevant to the duties required to be undertaken by the employer. A level B employee would be expected to
undertake general maintenance work which may include the use of trade
accredited skills in areas such as carpentry, plumbing or electrical services,
or would have the control and responsibility for the maintenance of gardens
and/or sports grounds which may include the use of accredited trade skills in
areas such as horticulture or gardening.
(ii) An employee with less than one year’s
relevant experience shall be appointed to the first step of level A or level B
as appropriate. All other employees
shall be appointed to step 2.
(iii) An employee shall progress to the next
step within the level on the completion of one year of full-time service or
part-time equivalent (subject to paragraph (e) of sub-clause (xii) with respect
to existing employees as at the date of introduction of this award).
(iv) An employee who is required to supervise
other employees shall be paid the leading hand allowance as set out in Table 1.
(v) An employee who obtains trade
qualifications relevant to the duties required to be undertaken by the
employer, or equivalent, subsequent to appointment shall be appointed to level
B.
(vi) Wage Rates -
Employees Required To Work 48 Weeks A Year.
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.
(vii) 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 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 (b)
of this subclause.
(b) When the employer elects to average a
full-time employee’s payment of wages under paragraph (a) 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:
(N + 11) x W
240
where;
W = weekly rate for employees required to work 48 weeks per year
determined in accordance with subclause (vi) 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) the number of days in a school year shall be deemed to be not
less than 204;
(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 (vi) 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
(c) The rate of pay of an employee who is
not required to work 48 hours per year and which is calculated in accordance
with paragraph (b) of this subclause shall be the appropriate rate for all
purposes for that employee but shall not be used in the calculation of overtime
payments and casual rates of pay.
(viii) Part-time
and Casual Employees
(a) 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
sub-clause (vi) or (vii) as appropriate for the class of work performed by
them, plus an additional amount of 10 per cent of the appropriate weekly
rate. Provided however that such
loading shall reduce to 8 per cent from the first pay period on or after 1 July
2002.
(2) Part-time employees shall be paid a
minimum of 3 hours for each start, provided that an employer and employee may
agree to a shorter minimum period of engagement to suit the particular needs of
the workplace and the employee. A
record of such agreement shall be kept in writing and must be retained with pay
records.
(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 clause 5 of Part C -
Redundancy.
(b) 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 subclause (vi) for the class of work
performed by them, plus 20 per cent 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 3 hours
for each start.
(ix) Higher
Duties
Employees required to temporarily
perform duties for which the leading hand allowance is payable for more than
one day shall be paid the allowance for the whole period during which those
duties are performed.
(x) Apprentices
The minimum rates of wages for
four-year apprentices shall be:
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% of tradespersons Rate*
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First Year
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50
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Second Year
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65
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Third Year
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75
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Fourth Year
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90
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*Based on rate for Step 1 of Level
B as set out in table 1 of Part B, Wage Rates, of this Award.
(xi) 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.
(xii) Introduction
of this Award
(a) An employee classified at level 3 or
level 4 under the Miscellaneous Workers’ Independent Schools and Colleges &
C. (State) Award, (the former award) will be classified as level A step 1 and
step 2 respectively.
(b) An employee classified at level 5 under
the former award will be classified as level B step 2 under this award.
(c) An employee classified, as level 6
under the former award will be placed on level B step 3 under this award.
(d) An employee in receipt of a leading hand
allowance under the former award shall receive an allowance under this award
based on the number of employees supervised.
(e) An employee employed as at the
introduction of this award shall progress to the next and subsequent step
within the level on the completion of service calculated from the date of
introduction of this award (not the commencement of service with the employer).
(xii) Absorption
The increases in minimum rates of
payment in December 1999, January 2001, January 2002 and July 2002, may be
fully absorbable at the discretion of the employer, into any payment that an
employee receives in excess of the rates set out in Table 1- Wage Rates, of
Part B Monetary Rates, at the applicable time.
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) Wages may be paid fortnightly at the
employer’s discretion where the majority of employees at the school or college
are already paid fortnightly.
(iii) Where an employer and the majority of
employees agree, wages may be paid by cheque or electronic funds transfer to an
account nominated by the employee.
(iv) 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.
(v) Annual
Remuneration
(a) Notwithstanding the provisions 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 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 subclause.
(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
clause 6, Wages.
8. WORK DURING PUPIL VACATION PERIODS
An employee who is stood down during pupil vacation periods
shall not be required to work during such periods.
An employee who is requested and who agrees to work during
this period shall be paid at casual rates in addition to any other remuneration
received if the employee is paid an averaged rate of pay pursuant to subclause
(vii) of clause 6, Wages.
9. HOURS
(i) Ordinary
Hours of Work
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 in five days, Monday to
Friday inclusive. Provided that work
performed up to 12 noon on Saturday only on essential playing field duties such
as watering or marking playing field areas which cannot be performed Mondays to
Fridays may be regarded as ordinary hours if the employee is allowed, without
loss of pay, equivalent time off in lieu by mutual agreement as to when such
time off will be taken during the following week.
(ii) Notice of
Hours
The employer shall advise the
employee of the ordinary hours of work and the ordinary time of meal breaks
which shall be displayed in a conspicuous place accessible to the
employees. Such hours shall not be
changed, without payment of overtime, for work done outside the set hours
unless seven days notice of any change 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.
(iii) 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.
(iv) Part-time
Employees:
The spread of ordinary hours of
work, exclusive of meal time, shall not exceed 8 hours per day.
(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
An employer and employees may
agree that the ordinary hours of work provided by clause 9, Hours 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
An employer may apply any other
method of implementing the ordinary hours of work provided by clause 9, Hours,
on which the employer reaches agreement with employees.
(iii) Discussion
about Implementation of 38 Hour Week
Each employer will propose to its
employees the basis of implementing the 38 hour week which it determines is
best suited to its operations. If the
employer and 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 provided 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
w x 2P
40
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 (b) of
subclause (vii) of clause 6, Wages.
11. OVERTIME
(i) 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 12 months 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.
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 (viii) 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) The Annual Holidays Act 1944 applies, provided that Annual Leave shall
be given and taken during the summer pupil vacation period, except where the
employer and the employee agree in writing to the contrary.
(ii) An employee shall be paid a pro-rata
amount for annual leave on termination pursuant to the Annual Holidays Act 1944, provided that employees whose rate of pay
has been averaged in accordance with subclause (vii) of clause 6, Wages, may
also receive an amount calculated in accordance with subclause (iii) of this
clause.
(iii) (a) Where an employee whose employment ceases
is paid in accordance with subclause (vii) of
clause 6, Wages, and the total amount received by the employee during
that school year since the school service date or the date of commencement of
employment of the employee (if after the school service date that year) is less
than such amount the employee would have earned if their salary had not been
averaged in accordance with subclause (vii) of the said clause 6, then the
employee shall be paid on termination the difference between the averaged
amount paid and such higher amount.
(b) For the purposes of this subclause
"school service date" means the usual date of commencement of
employment at a school in each year.
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 then 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 together with, where applicable leading hand and first aid allowances,
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.
(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 seven
days’ sick leave during the first year of service and ten days during the
second and subsequent years of service on full pay, 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 24 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.
(ii) Part Time
Employees
(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) Accumulation
of Sick Leave
(a) 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.
(b) Sick leave accrued prior to the date of
the making of this award shall be at the rate which applied pursuant to the
Miscellaneous Workers Independent Schools and Colleges &c., (State)
Award. This award provided the same
entitlements to sick leave as this award, this is 7 days during the first year
of service and ten days in the second and subsequent years of service.
(iv) If an award holiday occurs during an
employee’s absence on sick leave then such award holiday shall not be counted
as sick leave.
(v) Portability
(Catholic Diocesan Schools Only)
(a) An employee who was previously employed
with another Catholic Diocesan Employer as a full-time, part-time or temporary
employee, and is employed by a Diocese on or after 1 January 2000, shall be
entitled to portability of sick leave in accordance with this subclause.
(b) Untaken sick leave which has accumulated
in accordance with subclause (iii) of this clause shall be credited to the
employee as their accumulated sick leave on their commencement of employment
with the Diocese.
(c) For an employee to be eligible for
portability of sick leave under this clause, the employee must satisfy the
following criteria:
(1) The employee has commenced employment
with the Diocese within six months or two terms, whichever is the greater, of
the employee’s employment terminating with the other Catholic Diocesan
Employer.
(2) The former Catholic Diocesan Employer
will provide to each employee on request on termination of employment, a
completed version of the form set out in Annexure A of this award and the
employee will provide the original completed form to the new Catholic Diocesan
Employer within six school weeks of the commencement of employment.
(d) For the purposes of this subclause
"Catholic Diocesan Employer" shall mean the Archdioceses of Sydney
and Canberra-Goulburn and the Dioceses of Armidale, Bathurst, Broken Bay,
Lismore, Maitland - Newcastle, Parramatta, Wagga Wagga, Wilcannia-Forbes and
Wollongong.
(e) Notwithstanding paragraphs (a) and (b) of
this subclause, the maximum sick leave portable between Catholic Diocesan
Employers shall be 150 days and the sick leave in any one year pursuant to
subclause (i) shall not exceed 7 days in the first year of service and 10 days
in the second and subsequent years (with one or more employers).
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
family member set out in subparagraph (ii) 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.
Such leave may be taken for part of a single day.
(b) If
required, the employee shall establish the illness of the person concerned
either by production of a medical certificate, statutory declaration, written
statement or other evidence and that the illness is such as to require care and
support by the employee. An employee is
not entitled to family leave under this subclause where another person has
taken leave to care for the same person.
(c) The entitlement to use sick leave in
accordance with this subclause is subject to:
(i) the employee being responsible for the
care of the person concerned; and
(ii) 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.
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 5 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)(ii).
(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)(ii).
(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
(a) With
the consent of the employer, an employee may elect to take unpaid leave for the
purpose of providing care and support to a person referred to in subparagraph
18.1 (c) (ii) or paragraph 18.2(c) who is ill.
18.5 Annual Leave
(a) An
employee may elect with the consent of the employer, subject to the Annual Holidays Act 1944, to take annual
leave not exceeding five 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 and employer 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.
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.
19. PARENTAL LEAVE
See Industrial
Relations Act 1996.
20. MATERNITY ALLOWANCE
(i) An employee who applies for maternity
leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996 and is granted maternity leave for a period of six weeks
or longer by the employer in accordance with these provisions shall be entitled
to a maternity allowance calculated in accordance with subclause (ii) of this
clause.
(ii) The maternity allowance in subclause
(i) shall be equivalent to six weeks’ salary at the rate of salary the employee
would have received on the day the employee commenced maternity leave if the
employee had not commenced maternity leave.
(iii) The employee may elect to receive the
maternity allowance in subclause (ii) of this clause either in accordance with
the usual employer payment schedule or as a lump sum payment in advance.
(iv) Where an employee applies for a lump sum
payment in advance under subclause (iii) of this clause, the employee shall
give the employer at least one month’s notice of this intention.
(v) If an employee has received payment of
the maternity allowance and subsequently the employee’s pregnancy results in a
miscarriage or a still birth the employee shall be entitled to retain the
payment of the maternity allowance paid in accordance with this clause so long
as the employee remains on maternity leave for a period of six weeks or
greater.
(vi) The period of maternity leave will not be
service for the purpose of any statutory entitlement or other entitlement under
the award or this award.
(vii) The parties agree to review the effect of
this clause in the event of any legislation by either the Federal or State
Government which provides a maternity allowance or similar payment however
named or in the event that the operation of this clause is found to be
discriminatory by an anti-discrimination tribunal.
(viii) An employee who receives a maternity
allowance in accordance with this clause is not to be employed as a casual
employee by the employer in the six weeks following the employee’s confinement.
(ix) Except as varied by this clause the
provisions of Part 4 of Chapter 2 of the Industrial
Relations Act 1996 shall continue to apply to both the employer and the
employee who has received a maternity allowance in accordance with this
subclause.
21. LONG SERVICE LEAVE
See the Long Service
Leave Act 1955, provided however that from 1 January 2000 an employee who
has completed five years service but less than ten years and whose service is
terminated or ceases for any reason shall be entitled to long service leave on
a pro rata basis.
22. BEREAVEMENT LEAVE
(i) An employee shall, on the death of the
wife, husband, father, mother, parent-in-law, brother, sister, child,
step-child, grandparent or grandchild of the employee, be entitled to leave up
to and including the day of the funeral of such relation. Such leave, for a period not exceeding three
days in respect of any such death, shall be without loss of any ordinary pay
which the employee would have received if the employee had not been on such
leave.
(ii) The rights
to such paid leave shall be dependent on compliance with the following
conditions:
(a) satisfactory evidence of such death shall be furnished by the
employee to the employer; and
(b) the employee shall not be entitled to
leave under this clause in respect of any period which coincides with any other
period of leave entitlement under this award or otherwise.
(iii) 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 Catholic Personal/Carer’s Leave in Clause 18,
provided that for the purpose of Bereavement Leave, the employee need not have
been responsible for the care of the person concerned.
(iv) 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 business
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
(excluding reimbursement of expenses) 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
(i) Where an employee is required to work
overtime in excess of one and one half hours on any day or shift, the employee
shall be paid an amount as set out in Item 1 of the said Table 2, for a meal or
be supplied with a meal.
(ii) Any employee required to work more than
five hours overtime shall be paid a further amount as set out in the said Item
1, or be supplied with a meal.
25. FIRST-AID ALLOWANCE
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 2 of Table 2 - Other Rates and Allowances, of Part
B; Monetary Rates, if the employee is required by an employer to perform
first-aid 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 extra per week at the rate set out in Item 3 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 the rate set out in Item 4 of 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.
(vi) An employee who, at the time of the
making of this award is in receipt of remuneration, for the use of a motorcar
in excess of the rate in Item 3 or Item 4 respectively shall continue to
receive such higher remuneration.
27. MISCELLANEOUS CONDITIONS
(i) Meal
Facilities:
Employees shall have access to
staff room facilities for the preparation and taking of meals and tea breaks.
(ii) Uniforms
and Protective Clothing:
(a) In the event of an employee being
required to wear a uniform, 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 5 of Table 2 - Other Rates and
Allowances, of Part B - Monetary Rates, as a laundry allowance.
(b) Where employees are 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.
(c) Protective clothing, uniforms or rubber
gloves supplied pursuant to this subclause shall remain the property of the
employer and shall be returned upon termination of employment.
(iii) 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.
(iv) Occupational
Health and Safety During Pupil Vacation Periods
Appropriate measures will be
adopted by the employer to ensure the occupational health and safety of an
employee working alone on school premises during pupil vacation periods
28. ANTI - DISCRIMINATION
28.1 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.
28.2 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.
28.3 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.
28.4 Nothing in this clause is to be taken to
affect:
(a) any conduct or act which is specifically
exempt from 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.
28.5 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.
29. 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.
30. APPRENTICESHIP TRADES
(i) Limitation of Overtime
(a) No
apprentice under the age of 18 years shall be required to work overtime unless
he/she so desires.
(b) No
apprentice except in an emergency, shall work or be required to work overtime
at times which would prevent his/her attendance at technical college as
required by any statute, award or regulation applicable to the apprentice.
31. SUPERANNUATION
(i) Fund
The New South Wales Non-Government
Schools Superannuation Fund shall be made available by each employer to each
employee.
(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.
(b) "Fund" means either
(1) the New South Wales Non-Government Schools Superannuation
Fund, or
(2) 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 three 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 full 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 to 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.
(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 x 19 eight-hour days
casual hourly rate of pay (1
month)
or $2,090.00, whichever is the
greater.
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) Employees covered by this award shall
also perform work which is incidental or peripheral to their main tasks or
functions.
33. NO EXTRA CLAIMS
(a) The
parties agree that the wage increases and other improvements in conditions of
employment provided for in this award are in settlement of all existing claims
made by the union for the life of this award.
(b) It
is a term of this Award that the Union will not make or pursue any extra award
claims for improvements in wages or other terms and conditions of employment
until 1 December 2002.
(c) The
parties agree that the wage increases and other improvements in conditions of
employment provided for in this award are in lieu or any improvements in wages
or conditions of employment provided for 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 life of this award and no claim
can be made for such increases during or after the life of the this award.
34. AREA, INCIDENCE AND DURATION
(i) This award replaces the Maintenance
and Outdoor Staff (Catholic Schools) (State) Award published 25 May 2001 (324
I.G. 1155). The award published 25 May 2001 (324 I.G. 1155) replaced the
Miscellaneous Workers Independent Schools and Colleges &c., (State) Award
published 17 February 1995 (283 I.G. 1193), and all variation thereof, insofar
as it applies to employees under this award.
(ii) This award shall apply to all employees
as defined in clause 6, Wages, employed in Catholic Schools which are situated
in New South Wales, with the exception of Loreto College Kirribilli, but shall
not apply to:
(a) employees employed in a clerical or
administrative capacity or as school assistants pursuant to the School Support
Staff (Catholic Schools) (State) Award, the School Support Staff (Catholic
Independent Schools) (State) Award or the School Support Staff (Archdiocese of
Sydney and Dioceses of Broken Bay and Parramatta) (State) Award;
(b) persons employed as teachers;
(c) persons employed as a cleaner, catering
employee, or in a boarding school as a housekeeper, security employee, laundry
employee or domestic employee;
(d) employees of any cleaning, catering, security, gardening
building or domestic services contractor
(iii) The award published 25 May 2001 took
effect from the first full pay period on or after 1 December 1999 and shall
remain in force until 1 December 2002.
(iv) The changes made to the award pursuant to
the Award Review pursuant to section 19 (6) of the Industrial Relations Act 1996 and Principle 26 of the Principles
for Review of Award made by the Industrial Relations Commission of the New
South Wales on 18 December 1998 (308 IG 307) take effect on and from 1 August
2001.
PART B
Adult Basic Wage: $121.40 per week
MONETARY RATES
Table 1 - Wage Rates
|
Level
|
From the first full pay period on or after
1 December 1999
$ per annum
|
From the first full pay period on or after
1 January 2001
$ per annum
(4%)
|
From the first full pay period on or after
1 January 2002
$ per annum
(3%)
|
From the first full pay period on or after
1 July 2002
$ per annum
(5%)
|
|
Step 1
|
23,853.42
|
24,807.56
|
25,551.78
|
26,829.37
|
|
Step 2
|
24,957.13
|
25,955.42
|
26,734.08
|
28,070.78
|
|
Step 3
|
26,105.16
|
27,149.37
|
27,963.85
|
29,362.04
|
|
Step 1
|
25,626.18
|
26,651.23
|
27,450.76
|
28,823.30
|
|
Step 2
|
26,729.89
|
27,799.09
|
28,633.06
|
30,064.71
|
|
Step 3
|
27,877.92
|
28,993.04
|
29,862.83
|
31,355.97
|
|
No. of employees Supervised
|
|
|
|
|
|
1-3
|
878.45
|
913.59
|
941.00
|
988.05
|
|
4-8
|
1,092.44
|
1,136.14
|
1,170.22
|
1,228.73
|
|
9+
|
1,466.91
|
1,525.59
|
1,571.35
|
1,649.92
|
Table 2 - Other Rates and Allowances
|
Item No
|
Clause No
|
Brief Description
|
From first full pay period on or after
the 1 December 1999
$
|
|
1
|
24
|
Overtime/Meal
Allowance
|
9.09
|
|
2
|
25
|
First Aid Allowance
|
10.11 per week
2.02 per day
|
|
3
|
26(iii)
|
Own Car Allowance
- For a vehicle 1500cc under
For a vehicle
over 1500cc
|
77.46 per week
95.75 per week
|
|
4
|
26(iv)
|
Own Car Allowance
- For use on a casual or incidental basis
|
0.51 per km
|
|
5
|
27 (ii)(a)
|
Laundry Allowance
|
5.40 per week
|
Note:
1. Items 1, 3, 4 and 5 to be adjusted for
CPI increases
PART C
REDUNDANCY
1.1 This Part shall apply in respect of
full-time and part-time persons employed in the classifications specified by
this 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 employer’s workforce or in the skills required, the elimination or
diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
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 clause
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 Centrelink thereof 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
Department of Social Security.
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 of New South
Wales, an employer may pay a lesser amount (or no amount) of severance pay than
that contained in subclause 5.1.
The Industrial Relations
Commission of New South Wales 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 of New South
Wales, 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.
ANNEXURE A
SICK LEVE PORTABILITY
(Catholic Diocesan Schools)
Part to be completed by former Catholic Employer:
was employed by the
employer as a member of the grounds and Maintenance staff
(name of employee)
and ceased work on _________________.
(Date)
At that time untaken sick leave with our Diocese over the
proceeding years of continuous service is as follows:
(date)
(SET OUT RECORD)
e.g. Last year of
employment Sick Days
Year 2 accumulation Sick Days
Year 3 accumulation Sick Days
Year 4 accumulation Sick Days
Year 5 accumulation Sick Days
Year 6 accumulation Sick Days
(etc up to 15 years if necessary)
Employer Date
Part to be completed by employee
Name of Employee:
Name of former Catholic Employer:
I, was formerly employed by
(name of
employee) (name
of former Catholic employer)
from to
(date) (date)
I commenced with the former Catholic employer on .
(Date)
Signature Date
P.J.
SAMS, D.P.
____________________
Printed by the authority
of the Industrial Registrar.