BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(1316)

SERIAL C0510

SCHOOL SUPPORT STAFF (CATHOLIC INDEPENDENT SCHOOLS) (STATE) AWARD 2001

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

Application by New South Wales Independent Education Union, industrial organisation of employees.

(No. IRC 4546 of 2001)

Before Mr Deputy President Grayson

3 August 2001

AWARD

PART A - CONDITIONS

1. Arrangement

This award is arranged as follows.

PART A

Clause No.	Subject Matter
1.	Arrangement
2.	Title
3.	Definitions
4.	Contract of 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
20.	Maternity Allowance
21.	Long Service Leave
22.	Bereavement Leave
23.	Jury Service
24.	Meal Allowances
25.	First-Aid and Medication 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 Child Abuse
32.	Labour Flexibility
33.	No Extra Claims
34.	Area, Incidence and Duration

PART B

MONETARY RATES

Table 1	Wage Rates
Table 2	Other Rates and Allowances
Annexure A	List of Catholic Independent Schools Covered by this Award

PART C

INDICATIVE DUTIES OF EMPLOYEES IN THE SCHOOL ASSISTANT STREAM

PART D

REDUNDANCY

2. Title

This award shall be known as the School Support Staff (Catholic Independent Schools) (State) Award 2001.

3. Definitions

(i) "Award" means the School Support Staff (Catholic Independent Schools) (State) Award.

(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 who is described in this award as being in the Clerical and Administrative stream) and any employee other than a teacher whose principal duties are as set out in the indicative duties included in Part C - Indicative Duties of Employees in the School Assistants Stream, as well as other related duties including incidental cleaning (and who is described in this award as being in the School Assistants stream), and an employee in a school canteen or uniform shop (and who is described in this award as being in the Shop Stream).

Employees employed in the School Assistant Stream may include, without limiting the generality of this expression, employees in such positions 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 employed in the School Assistant Stream 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 the Clerical and Administrative Stream either the New South Wales Independent Education Union or the Federated Clerks Union of Australia, NSW Branch and for an employee employed in the School Assistant or Shop Stream 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 stream of employment;

(b) the classification and rate of pay of the employee;

(d) a statement in relation to superannuation entitlements; and

(e) for employees employed in the School Assistants Stream, 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.

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 - Employees in the School Assistants Stream & Shop Stream

(a) Subject to clause 10, Implementation of 38 Hour Week, an employee employed in the School Assistants Stream or Shop Stream 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.

5. Redundancy

See Part D - Redundancy

6. Wages

(i) Clerical And Administrative Stream

(a) Clerical Assistant - Level 1

Without limiting the foregoing, a Clerical Assistant Level 1 may be required to perform the following tasks involving the basic clerical skills under supervision:

* mailing;

* filing;

* collating;

* operation of photocopying, duplicating, binding and facsimile machines;

* messenger work;

* handling mail;

* checking figures;

The basic clerical skills required 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.

(b) Clerical Officer - Level 2

A Clerical Officer Level 2 may be required to perform the entire range of clerical duties that exist in schools other than those required of the Clerical Administrator Level 6. Without limiting the generality of the foregoing such clerical tasks may include:

* data entry and basic computer operation;

* word processing/typing;

* maintenance of school accounts and petty cash;

* bank reconciliation;

* salary processing;

* control of school accounts;

* setting up of programmes/ledgers;

* balancing of data base;

* reception/switchboard;

* acquisition of school equipment;

* admission/registers;

* enrolment procedures;

* school statistical returns;

* collection of school fees and special purpose money;

* issue of transport passes;

* maintenance of pupil record cards and sporting rolls;

* maintenance of periodical material and overdue book lists;

* preparation of orders for equipment and stationery;

Provided that: a person appointed to the position of Clerical Officer - Level 2 shall be proficient where applicable in the following skills:

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: includes complex calculation

Interpersonal Skills

ability to apply knowledge and skills to meet internal and parental requirements.

Quality Assurance

responsible for quality of own work and/or the work of those who are supervised.

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.

Supervisory Skills

limited, up to three employees.

Training Delivery

limited school based training in relation to own functions or those functions of employees who are supervised.

Provided that: a person appointed to the positions of Clerical Administrator Levels 3 or 4 in addition to the skills outlined in paragraphs (a) and (b) of this subclause shall be proficient where applicable in the following skills to an advanced level:

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;

an ability to conduct interviews and provide oral presentations to groups/meetings;

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.

Quality Assurance

responsible for quality of own work and/or work of those supervised.

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;

may participate in problem solving and/or decision making in relation to operational issues in own work section.

Supervisory Skills

up to six employees.

(d) Clerical Administrator - 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 judgment 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.

(ii) School Assistant Stream

(a) School Assistant - Level 2

A Level 2 position is one where the employee may have no relevant 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 of Employees in the School Assistants Stream;

(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;

(4) will not supervise other school assistants; and

(5) does not supervise students without a higher-level school assistant or teacher present.

(b) School Assistant - Level 3

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 of Employees in the School Assistants Stream;

(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. This requirement may be satisfied by relevant employer sponsored programs and/or post secondary training which may include TAFE training.

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 in the School Assistants Stream;

(2) is regularly required to exercise independent initiative and judgment;

(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. This requirement may be satisfied by relevant employer sponsored programs and/or post secondary training which may include TAFE training.

(d) School Assistant - 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 in the School Assistants Stream;

(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.

(iii) Shop Stream

(a) 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

(5) is competent in technical areas as required for the position

(b) An employee who has responsibility for the operation of a shop and, where relevant, supervision of other employees or volunteers, shall be appointed at Level 1 from 23 July 2001.

Such employees shall from 12 May 2002 be classified at level 2 of the Award.

All other employees in the Shop Stream shall be appointed at level 1 from 23 July 2001.

(c) No employee in the Shop Stream shall be disadvantaged nor suffer a reduction in salary as a result of the implementation of this award.

(iv) Appointment

Subject to subclause (iii) of this clause, an employee shall be appointed initially to the appropriate level, as determined by the employee’s skill and the duties required to be performed in the position.

(v) Progression

(a) School Assistants Stream

(1) For an employee to progress to a higher level they must possess and be required, in the course of employment, to undertake the duties and use the skills and qualifications of the higher level.

(2) An employee may apply to progress to a higher level by reference to skills utilised by the employee and the duties undertaken by him or her.

(3) Without limiting the generality of the foregoing, the relevant criteria for progression may include:

satisfactory performance appraisal;

evidence of further training and/or skills development;

attendance at relevant in-service training where offered by the employer;

experience in other Diocesan and/or other non-systemic Schools.

(4) Where an employee applies to progress to a higher level, the employer shall determine the application within one month of the date of receipt of the application. An employer shall give reasons for refusing an application.

(5) Progression to a higher level shall take place from the first full pay period on or after approval for progression is granted by the employer.

(6) An employee who is regularly called upon to perform a substantial proportion of duties appropriate to a higher level may apply to the employer for reclassification. Such reclassification shall not be dependent on organisational vacancy, but shall depend on the employee’s ability and requirement to perform the duties of the higher level.

(b) Clerical and Administrative Stream

(1) Access to Clerical Assistant Level 1, Clerical Officer level 2 and the position of Clerical Administrator level 6 is by appointment only.

(2) A level 2 Clerical Officer may apply to progress from level 2 to levels 3 and 4 after successfully completing 2 years’ service on each level.

(3) Without limiting the foregoing the relevant criteria for progression from Level 2 to Levels 3 and 4 may include:

* satisfactory performance appraisals;

* evidence of further training and skill development;

* attendance at relevant in-service training where offered by the employer;

* the needs of the schools;

* experience in other Diocesan and/or non-systemic schools.

(5) Progression to a higher classification shall take place from the first full pay period on or after approval for progression by the employer.

(vi) Higher Duties

Employees required to temporarily perform duties in a higher grade for more than one day shall be paid at the higher grade for the whole period during which those duties are performed.

(vii) 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

(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 percent 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.

(viii) 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 employed in the School Assistant Stream or the Shop Stream 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 is employed in the clerical and administrative stream 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 the said paragraph (c).

(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:

(N + 11) x W

240

where;

W = weekly rate for employees required to work 48 weeks per year determined in accordance with paragraph (a) of subclause (vii) 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 (vii) 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.

(ix) 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.

(x) Absorption

The increases in minimum rates of payment in March 2000, May 2001, May 2002, May 2003 and March 2004, may be fully absorbed 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.

For employees in the Shop Stream, increases in minimum rates of payment received on 23 July 2001, may be fully absorbed at the discretion of the employer into any payment the employee receives in excess of the rates set out in the said Table 1. Furthermore, the increases in minimum rates of payment in May 2002, May 2003 and March 2004 may also be fully absorbed at the discretion of the employer into any payment the employee receives in excess of the rates set out in Table 1.

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 (vii) or (viii) (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.

(i) during employment; or

(ii) on termination of employment; or

(iii) on death

shall be at the rate prescribed by sub-clause (vii) or (viii) (as relevant) of clause 6, Wages.

8. Work During Pupil Vacation Periods

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. Pupil vacation periods do not mean 'student-free days' on which teachers attend work.

(i) Conditions for working

the parties to the award agree the following-

(1) Clerical and Administrative Stream

Where an employee employed prior to 15 May 1995 was required to work more than 12 days per school year during pupil vacation periods this may continue.

However, all other employees can be required to work up to 12 days per school year during periods of pupil vacation as provided in paragraph (ii) below.

(2) School Assistant Stream

Employees can be required to work up to five days per year during periods of pupil vacation.

(3) Shop Stream

Where an employee prior to 23 July 2001 was required to work per school year more than 12 days during periods of pupil vacation, this may continue. Such employee cannot be required to work any additional days without their consent.

However, all other employees can be required to work up to 12 days per school year during periods of pupil vacation as provided in paragraph (ii) below.

(ii) Subject to paragraph (I) (a) of this subclause, 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;

(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 (vii) 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) 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 mealtime, 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

w x 2P

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 (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 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.

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) This clause will only apply to employees who are paid in accordance with subclause (viii) 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 (viii) 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

Step 2 D - E = F

Step 3 F x G = H

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

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

(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 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 ten days’ sick leave during the first year of service and twelve days during the second and subsequent years of service on full pay from 1 January 2001, subject to the following conditions:

(a) Employees shall not be entitled to pay 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 for years of service completed before 1 January 2001 the sick leave entitlement was seven days during the first year and ten 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 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.

(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, stepchild, 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 1997.

(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 nine 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 nine 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. In addition, if the employee requests and the employer agree, the final three weeks of the allowance may be paid at half pay for a period of six weeks.

(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 equivalent to the salary for the period of maternity leave taken by the employee.

(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 nine weeks following the employees 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

(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 19 Parental Leave, 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.

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. First-Aid and Medication Allowances

(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 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.

(b) An employee who is required by an employer from time to time to dispense medication to pupils in accordance with the school’s medication plan shall be paid an allowance as set by Item 3 of the said Table 2. Such allowance shall be in addition to the first aid allowance if such is paid to the employee.

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 motorcar shall be paid an allowance per week at the rate set out in Item 4 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 5 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 6 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) Employees in the School Assistants Stream 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.

(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.

(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 prior to the making of this award in the Clerical and Administrative stream.

(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) 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 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 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.

(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.

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 Child Abuse

(i) Definitions

For the purpose of this clause:

"Child" means a person under the age of 18 years.

"Child abuse" means:

(a) assault (including sexual assault) of a child, or

(b) ill-treatment or neglect of a child, or

(c) exposing or subjecting a child to behaviour that psychologically harms the child, whether or not, in any case, with the consent of the child.

"Child abuse allegation" means an allegation of child abuse against an employee or an allegation of misconduct that may involve child abuse.

(ii) Natural Justice to employees in dealing with child abuse allegations

An employee, against whom a child abuse 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 child abuse allegation made against them and be given:

(a) an opportunity to respond to the child abuse allegation; and

(b) sufficient information to enable them to respond to the child abuse matters alleged against them. 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 child abuse allegation and 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, which the employer holds relating to the employee, concerning a child abuse 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;

(i) compromise or put at risk the welfare or safety of a child who is the alleged victim or subject of the child abuse allegation, or

(ii) contravene any statutory provision, or guideline or policy directive of an government authority or agency, in relation to the reporting or investigation, including Policy criminal investigation, or any child abuse allegations, or

(iii) prevent the employer from conducting or completing the investigation or reporting of the details of a child abuse allegation against an employee, in compliance with any statutory deadline.

(iv) Additional Documentation from Employee

(a) An employee against whom a child abuse 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 child abuse 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 child abuse allegation 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 in the Clerical and Administrative Stream can be required to perform the duties of an employee in the School Assistant Stream at a lower level provided that the employee has the competence to perform those duties.

(v) An employee in the School Assistant Stream can be required to perform the duties of an employee in the Clerical and Administrative Stream at a lower level provided that the employee has the competence to perform those duties.

(vi) An employee in the Shop Stream can be required to perform the duties of an employee in the Clerical and Administrative or School Assistants Streams 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

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 1 September 2004.

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 1 September 2004 and no claim can be made for such.

34. Area, Incidence and Duration

(i) This award rescinds and replaces the School Support Staff (Catholic Independent Schools) (State) Award published 29 May 1998 and reviewed 10 August 2001 (326 I.G. 903), as varied.

(ii) This Award also replaces the Miscellaneous Workers' - Independent Schools and Colleges, &c. (State) Award published 4 May 2001 (324 IG 579) and the Shop Employees (State) Award published 18 May 2001 (324 I.G. 935) as varied insofar as those awards apply to employees classified under the Shop Stream of this award from 23 July 2001.

(iii) This award shall apply to all employees as defined in 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 Archdiocese 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 Annexure A - List of Catholic Independent Schools Covered by this Award.

(iv) It shall take effect on and from 23 July 2001 and shall remain in force for three years.

PART B

MONETARY RATES

Table 1 - Wage Rates

ANNUAL SALARY

Level	From 1 March 2000	From 12 May 2001	From 12 May 2002	From 12 May 2003	From 1 March 2004
	(3% increase)	(4% increase)	(3% increase)	(3% increase)	(3% increase)
1	29,648	30,834	31,759	32,712	33,693
2	31,916	33,193	34,189	35,215	36,271
3	34,079	35,442	36,505	37,600	38,728
4	36,238	37,688	38,819	39,984	41,184
5	38,107	39,631	40,820	42,045	43,306
6	39,896	41,492	42,737	44,019	45,340

Table 2 - Other Rates and Allowances

Item No	Clause No	Brief Description	From 1 March 2000($)	From 12 May 2001 ($)	From 12 May 2002 ($)	From 12 May 2003 ($)	From 12 March 2004 ($)
1	24	Overtime/Meal	9.34	9.34	9.34	9.34	9.34
		Allowance
2	25(a)	First Aid	10.71	11.14	11.47 per	11.81 per	12.16
		Allowance	Per week	Per Week	Week	week	Per week
			2.14 per day	2.23 per	2.30 per	2.37 per	2.44 per
				Day	Day	day	day
3	25(b)	Medication	5.36 per	5.57 per	5.74 per	5.91 per	6.09 per
		Allowance	week	Week	Week	week	week
			1.07 per	1.11 per	1.14 per	1.17 per	1.21 per
			day	Day	Day	day	day
4	26(iii)	Own Car	79.57per	79.57per	79.57per	79.57per	79.57per
		Allowance - for a vehicle 1500cc Under	week	week	Week	week	week
		For a vehicle over 1500cc	98.36per week	98.36per week	98.36per Week	98.36per week	98.36per week
5	26(iv)	Own Car	0.51 per km	0.51 per	0.51 per	0.51 per	0.51 per
		Allowance for use		km	Km	km	km
		on a casual or
		incidental basis
6	27	Laundry	5.40 per	5.40 per	5.40 per	5.40 per	5.40 per
	(iii)(a)	Allowance	week	week	Week	week	week

Note:-

1. Items 1, 4, 5 and 6 to be adjusted for CPI increases

ANNEXURE A - LIST OF CATHOLIC INDEPENDENT SCHOOLS COVERED BY THIS AWARD

St Paul’s International College, Moss Vale	St Josephs College, Hunters Hill
Berne Education Centre Lewisham	St Aloysius College, Milsons Point
Boys Town, Engadine	St Gregory’s College, Campbelltown
Brigidine College, St Ives	St Patrick’s College, Campbelltown
Chevalier College, Bowral	St Mary’s College, Gunnedah
Christian Brothers High School, Lewisham	St Augustines College, Brookvale
Edmund Rice College, Wollongong	St Maroun’s School, Dulwich Hill
Holy Saviour School, Greenacre	St Scholasticas College, Glebe
Kincoppal, Rose Bay	St Vincents College, Potts Point
Loreto College, Normanhurst	St Charbels College, Punchbowl
Mater Dei School, Camden	St Ignatius College, Riverview
Monte Sant Angelo College, North Sydney	St Gabriel’s School for Hearing Impaired Children, Castle Hill
Mt St Joseph High School, Milperra	St Gregory’s Armenian School, Rouse Hill
Mt St Benedict High School, Pennant Hills	St Patrick’s College, Strathfield
Mt Erin High School, Wagga Wagga	St Edward College, East Gosford
Oakhill College, Castle Hill	St Stanislaus College, Bathurst
Our Lady of Lebanon College, Harris Park	St Edmund’s School, Wahroonga
Our Lady of Mercy College, Parramatta	St Lucy’s School for the Blind, Wahroonga
Red Bend Catholic College, Forbes	St Clare’s College, Waverley
Rosebank College, Five Dock	St Mary Star of the Sea College, Wollongong
Santa Sabina College, Strathfield	Stella Maris College, Manly
St Dominics College, Kingswood	Trinity Catholic College, Lismore
St Pius X College, Chatswood	Waverley College, Waverley

PART C - INDICATIVE DUTIES OF EMPLOYEES IN THE SCHOOL ASSISTANT STREAM

(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 effected 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

J. P. GRAYSON D.P.

____________________

Printed by the authority of the Industrial Registrar.

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