BOARDING HOUSE (INDEPENDENT SCHOOLS) (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 885 of 2001)
|
Before The Honourable
Justice Kavanagh
|
12 June
2001
|
REVIEWED AWARD
Part A
1. Arrangement
Part A - Conditions
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Wages
4. Payment of Wages
5. Contract of Employment
6. Hours of Work
7. Sick Leave
8. Annual Leave and Payment on Termination
9. Annual Leave Loading
10. Long Service Leave
11. Maternity Leave
12. Carer's Leave
13. Bereavement Leave
14. Jury Service
15. Disputes Procedure
15A Anti-Discrimination
16. Supervision of Students
17. Higher Duties
18. Travelling Expenses
19. Remuneration Package
20. Savings Clause
21. Area, Incidence and Duration
Part B - Monetary Rates
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
Part C - Redundancy
Attachment A
Disputes Settlement
Procedure
2. Definitions
(i) "Award"
means the Boarding House Staff (Independent Schools) (State) Award.
(ii) "Employee"
means a person who is employed with responsibility for the pastoral care and
supervision of students in a boarding house.
(iii) "Employer"
means the employer of an employee to whom the award applies.
(iv) "Part-time
Employee" means an employee who works a constant number of hours each week
less than those usually worked by a full-time employee at that boarding house.
(v) "Casual
Employee" means an employee engaged and paid as such.
(vi) "Temporary
Employee" means an employee employed for a specific purpose to work
full-time or part-time for a period not to exceed 24 months.
(vii) "Union"
means the New South Wales Independent Education Union.
(viii) "Shift"
shall mean the defined hours of duty (including broken periods) allocated to an
employee in accordance with the work roster for any 24 hours period.
3. Wages
(i) The minimum
weekly rate of pay for employees shall, subject to the other provisions of this
award, be calculated by dividing the salaries set out in Table 1 - Wage Rates,
of Part B - Monetary Rates, by 52.14.
(ii) Classifications
An employee shall be initially appointed to the appropriate
level as determined by the employee's skills and duties required to be
performed in the position, as set out below:
(a) A Level 1
position is one where the employee undertakes basic duties to assist the person
in charge of the boarding house in the daily routines involving the care of
students and the general functions of the boarding house.
(b) A Level 2
position is one where the employee carries out the duties of a Level 1 employee
but while actively on duty may deputise as required from time to time for the
person in charge of the boarding house.
(c) A Level 3
position is one where the employee is responsible for the management of a
boarding house and has a significant concern for the welfare of the
students. Duties include the
maintenance of effective communication with the parents of students and the
supervision of other staff covered by this award in the boarding house.
(d) A Level 4
position is one where the employee is responsible to the Principal of a school
for the overall supervision of the recreational and personal general welfare of
all students and has overall responsibility for the administration of two or
more boarding houses.
(iii) Part-time
Employees
Part-time employees shall be paid at the same weekly rate as
a full-time employee with the corresponding classification but in that
proportion which the number of hours for which the part-time employee is
rostered to work bears to the number of hours for which a full-time employee at
that boarding house is rostered to work.
(iv) Casual
Employees
Casual employees shall be paid:
(a) at the same
weekly rate as a full-time employee with the corresponding classification but
in that proportion which the number of hours rostered to be worked by the
casual employee bear to the hours rostered to be worked by the full-time
employee at that boarding house; plus
(b) 25 per cent of
that amount (inclusive of payment in lieu of annual holidays required to be
paid under the Annual Holidays Act
1944).
(v) The hourly
rates for part-time and casual employees shall be calculated to the nearest
whole cent, any amount less than a half cent in the result to be disregarded.
4. Payment Of
Wages
(i) The wages
payable to an employee other than a casual employee shall be payable at the
employer's discretion either weekly, fortnightly or half-monthly.
(ii) Wages payable
to an employee shall be payable, at the employer's discretion, by either cash,
cheque or electronic funds transfer into an account nominated by the employee.
5. Contract Of
Employment
(i) On
appointment, the employer shall provide full-time and part-time employees with
a letter of appointment setting out the following:
(a) the
classification and rate of pay of the employee;
(b) the rostered
number of hours to be worked each week and the number of weeks to be worked
throughout the year.
(ii) Except for
the first week of employment, the employment of a full-time or part-time
employee may be terminated by four weeks notice given by either party or by the
payment or forfeiture, as the case may be, of four weeks wages in lieu of
notice. This shall not affect the right
of the employer to summarily dismiss any employee without notice for misconduct
and in such cases wages shall be paid up to the time of dismissal only.
[NOTATION: Reference
should be made to Federal legislation which may require more than four weeks
notice to be given by employers when terminating the services of an employee in
some instances.]
(iii) In the case
of a casual employee, one day's notice shall be given by either party.
(iv) 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) Redundancy
See Part C - Redundancy
6. Hours Of Work
(i) An employee
rostered on duty during meal times shall be entitled to a meal and shall be
allowed sufficient time to have such meal.
(ii) All employees
shall be entitled to 48 hours off duty each week or 96 hours off each fortnight,
at a time mutually convenient to the employer and the employee. Such time off shall be consecutive, as far
as practicable, unless the employee and employer agree otherwise.
[NOTATION: It is
agreed that whilst the award does not stipulate minimum hours, the rostered
hours of work for full-time employees should generally not exceed 172 hours per
four week period. Rostered hours
include a period where the employee is required to be available for duty other
than a period overnight when the employee is sleeping on the premises. Both parties recognise the need for
flexibility in this area of employment.]
7. Sick Leave
An employee, with the exception of a casual employee who is
unable to attend for duty during the employee's working hours by reason of
personal illness or incapacity not due to the employee's own serious and wilful
misconduct, shall be entitled to be paid for the time of such non-attendance
subject to the following:
(i) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to worker’s compensation.
(ii) The employee
shall, as soon as reasonably practicable and in any case prior to what would
have been the normal commencement time, inform the employer of the employee's
inability to attend for duty and, as far as possible, state the nature of the
illness or incapacity and the estimated duration of absence.
(iii) Other than in
respect of the first two days absence in respect of sickness in any year an
employee shall, upon request, provide a medical certificate addressed to the
employer or, if the employer requires, to the school medical officer. Notwithstanding the foregoing the employer
may require other evidence of sickness.
(iv) Service before
the first pay period commencing on or after 1 May 1995 shall be taken into
account for the purpose of calculating the annual entitlement to sick
leave. Service prior to that date shall
not be taken into account in determining accumulated sick leave entitlements
provided that an employee shall retain sick leave, if any, accumulated pursuant
to a contract of employment prior to that date.
(v) The employee
shall, in respect of any year of continued employment, be entitled to paid sick
leave for seven days during the employee's first year of service, and ten days
during each subsequent year of service.
Any period of paid sick leave allowed by the employer to an employee in
any such year shall be deducted from the period of sick leave which may be
allowed or carried forward under this award in respect of such year.
(vi) 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.
Current sick leave entitlements shall be exhausted before accumulated
leave is taken.
(vii) For the
purposes of this clause a year means a year of service.
(viii) Notwithstanding
the provisions of subclause (v) of this clause, the sick leave entitlement of a
part-time employee shall be in that proportion which the number of hours
rostered to be worked by the part-time employee in a week bears to the number
of hours rostered to be worked in a week by a full-time employee at that
boarding house.
8. Annual Leave
And Payment On Termination
(i) All
employees, other than casual employees, shall receive four weeks paid annual
leave in accordance with the Annual
Holidays Act 1944 such leave normally to be taken during the boarding house
summer pupil vacation period.
(ii) The
provisions of the Annual Holidays Act
1944 shall apply with respect to pro-rata payment on termination.
9. Annual Leave
Loading
(i) A leave
loading equivalent to 17.5 per cent of four weeks' salary shall be paid to an
employee, other than a casual employee, who has completed twelve months'
continuous service with the employer.
(ii) The loading
is the amount payable for the period at the rate of 17.5 per cent of the
employee's weekly rate of pay prescribed by this award for the classification
in which the employee was employed immediately before commencing the annual
holiday but shall not include any allowances or any other payments prescribed
by this award.
(iii)
(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 (ii) 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 is taken by agreement 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.
(iv)
(a) Where the
employment of an employee is terminated by the 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 the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (ii) of this clause, 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.
10. 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 Long
Service Leave Act 1955 shall apply.
(ii) Quantum of
Leave
Subject to subclause (iii) of this clause, the amount of
long service leave to which an employee shall be entitled shall:
(a)
(A) in the case of
an employee who has completed ten years service be in respect such service -
10.5 weeks; and
(B) in respect of
each additional five years of service with the employer since the employee last
became entitled to long service leave - 5.25 weeks; and
(C) on the
termination of the employee's services in respect of the number of years
service with the employer completed since the employee last became entitled to
an amount of long service leave, a proportionate amount on the basis of 1.05
weeks for each completed year of service; and
(b) in the case of
an employee who has completed five years adult service with an employer and
whose services with the employer are terminated or cease for any reason other
than misconduct be a proportionate amount on the basis of 10.5 weeks for ten
year’s service (such service to include service with the employer as an adult
and otherwise than as an adult).
(iii) Calculation
of Entitlement
In the case of an employee whose service with an employer
began before 1 May 1995 and whose service would entitle the employee to long
service leave under this clause, the amount of long service leave to which the
employee shall be entitled shall be the sum of the following amounts:
(a) the amount
calculated on the basis of the provisions of the Long Service Leave Act 1955 in respect of the period of service
before 1 May 1995; and
(b) an amount
calculated on the basis of the provisions of this clause from 1 May 1995.
(iv) The service of
an employee with an employer shall be deemed continuous notwithstanding the
service has been interrupted by reason of the employee taking maternity leave
(including paid and unpaid leave) or approved leave without pay, but the period
during which the service is so interrupted shall not be taken into account in
calculating the period of service.
(v) Any long
service leave shall be inclusive of any public holidays and other pupil
vacation periods falling within the period of such leave.
11. Maternity
Leave
(i) An employee
who takes unpaid maternity leave under the provisions of the Industrial Relations Act 1996 must be
paid under this clause.
(ii) The amount of
paid leave for an employee shall be six weeks.
(iii) An employee
must be paid at the rate the employee was paid at the time of commencing leave.
(iv) The employee
must be paid:
(a) at the usual
times and intervals that other employees are paid at the school; or
(b) if the
employee asks two weeks in advance and the school agrees, in a lump sum.
(v) The school
must pay the first or lump sum payments at the pay period commencing closest
to:
(a) six weeks
before the anticipated date of birth; or
(b) if birth
occurs before the time referred to in paragraph (a) of this subclause, the date
of the birth; or
(c) if the
employee has not commenced maternity leave at the time referred to in the said
paragraph (a), when the employee commences leave.
(vi) If an
employee's pregnancy is terminated other than by the birth of a living child:
(a) more than 20
weeks before the anticipated date of birth, the employee is not entitled to the
payment;
(b) less than 20
weeks before the anticipated date of birth, the employee is entitled to the
payment while she remains on leave.
(vii) The period of
maternity leave will not count as a period of service under this award or any
statute.
(viii) Except as
varied by this provision, Part 4 of Chapter 2 of the Industrial Relations Act 1996 shall apply.
[NOTATION:
(1) Where possible
maternity leave should preferably commence on the day following the last
teaching day of a term and conclude on the day preceding the first teaching day
of a term. However, this does not
diminish the right of an employee to proceed on leave on the date she nominates
in accordance with the Industrial
Relations Act 1996.
(2) In order to
facilitate the desirable practice referred to in paragraph (1) of this
notation, the employers are prepared to extend the time of maternity leave
beyond that maximum entitlement prescribed by the Industrial Relations Act
1996, should the employee agree to return from maternity leave at the
commencement of the term immediately following the maximum period of leave
required to be afforded by that Act.]
12. Carer’s Leave
12.1. Use of Sick
Leave
(a) A full-time or
part-time employee with responsibilities in relation to a class of person set
out in subparagraph (ii) of paragraph (c) of this subclause who needs the
employee’s care and support shall be entitled to use, in accordance with this
subclause, any current or accrued sick leave entitlement provided for at Clause
7 of the award, for absences to provide care and support for such persons when
they are ill. Such leave maybe taken
for part of a single day.
(b) The employee
shall, if required by the employer, establish either by production of a medical
certificate, statutory declaration, written statement or other evidence that
the person concerned is ill and requires care.
In normal circumstances, an employee shall not take carer’s leave under
this clause where another person has taken leave to care for a person referred
to in subparagraph (ii) of paragraph (c) of this subclause.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care and support of the person concerned; and
(ii) the person
concerned being:
(A) a member of the
employee’s immediate family; or
(B) a member of the
employee’s household.
The term ‘immediate family’ includes:
(1) a spouse
(including former spouse, a de facto spouse and a former de facto spouse) of
the employee. A de facto spouse, in
relation to a person, means a person of the opposite sex to the first mentioned
person who lives with the first mentioned person as the husband or wife of that
person on a bona fide domestic basis although not legally married to the
person; and
(2) a child or
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), a parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the employee or spouse of the employee.
(d) The employee
shall not be entitled to paid carer’s leave unless he or she notifies the
Principal of the school (or a person deputised by the Principal) of the need
for carer’s leave and the estimated period of absence at the first available
opportunity and where possible, before the first organised activity at the
school on the day of absence. The
employee will have sick leave credits available to the extent of the leave to
be taken.
(e) Notwithstanding
paragraph (a) of this subclause, a part-time employee is only entitled to an
amount of carer’s leave in the same proportion the hours of a part-time
employee bears to the hours of a full-time employee.
(f) Any carer’s
leave taken in accordance with this clause shall be deducted from the sick
leave entitlement of the employee in accordance with Clause 7 of the award.
12.2. Unpaid Leave
An employee may elect, with the consent of the employer, to
take unpaid leave for the purpose of providing care and support to a class of
person set out in subparagraph (ii) of paragraph (c) of subclause 7.1 of this
clause who is ill.
12.3. Annual Leave
(a) to give effect
to this clause, but subject to the Annual
Holidays Act 1944, an employee may elect, with the consent of the employer,
to take annual leave not exceeding five days 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 annual leave loading in respect of
single day absences, until at least five annual leave days are taken.
12.4. Make-up Time
An employee may elect, with the consent of their employer,
to work ‘make uptime’, 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.
13. Bereavement
Leave
(i) An employee
shall, on the death of the spouse, father, mother, parent-in-law, brother,
sister, child, step-child, grandparent or grandchild of the employee, be
entitled to leave up to and including the day of the funeral of such
relation. Such leave, for a period not
exceeding two days in respect of any such death shall be without loss of any
pay which the employee would have received if the employee had not been on such
leave.
(ii) The rights to
such paid leave shall be dependent on compliance with the following conditions:
(a) satisfactory
evidence of such death shall be provided by the employee if required by the
employer; and
(b) the employee
shall not be entitled to leave under this clause in respect of any period which
coincides with any other period of leave entitlement under this award or
otherwise.
(iii) Bereavement
leave shall be available to the employee in respect of the death of a member of
the employee's immediate family or household, as defined in clause 16, Carer's
Leave, of this award.
(iv) Bereavement
leave may be taken in conjunction with other leave available under subclauses
12.2, 12.3 12.4 and 12.5 of clause 12, 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.
14. Jury Service
An employee, other than a casual employee, required to
attend for jury service during the employee's ordinary working hours shall be
reimbursed by the employer an amount equal to the difference between the amount
paid in respect of the employee's attendance for such jury service and the
amount of wages the employee would have received in respect of the ordinary
time the employee would have worked had the employee not been on jury service.
An employee shall notify the employer as soon as possible of
the date upon which the employee is required to attend for jury service. Further, the employee shall give the
employer proof of attendance, the duration of such attendance and the amount
received in respect of such jury service.
15. Disputes
Procedure
(i) 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 matters in question.
(ii) Any grievance
or dispute which arises shall, where possible, be settled by discussion between
the staff member and the Principal in accordance with any procedures that have
been adopted by the school.
(iii) If no
agreement is reached and if the staff member seeks assistance from the union or
another person, the matter will be referred to the Association of Independent
Schools by the union or that person and shall be dealt with in accordance with
the agreement between the Association of Independent Schools and the union (see
Attachment A).
(iv) Should the
matter not be resolved, it may be referred by either party to the Industrial
Relations Commission of New South Wales for settlement.
15.A 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 and age.
(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.
16. Supervision Of
Students
[NOTATION:
During peak periods the parties understand that additional
personnel will usually be rostered for duty when dealing with larger groups of
children. In determining supervisory
levels the school will recognise its obligation to maintain the appropriate
duty of care.]
17. Higher Duties
Employees required to temporarily perform duties in a higher
grade for more than one day shall be paid at the higher grade rate for the
whole period during which those duties are performed.
18. Travelling
Expenses
(i) When an
employee, in the course of their duty, is required by the employer to go to any
place away from their usual place of employment, they shall be paid all
reasonable expenses actually incurred.
(ii) Any employee
required to provide a motor car shall be paid extra per week at the rate set by
Item 1 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates.
(iii) Where an
employee is required to use their motor car by their employer on a casual or
incidental basis, they shall be paid the rate set by Item 2 of the said Table
2, during such use.
(iv) If the
employer provides a vehicle the employer shall pay the whole of the cost of the
upkeep, registration, insurance, maintenance and running expenses.
19. Remuneration
Package
(i) This clause
shall apply to those individual schools wishing to facilitate the provision of
salary and benefit packages to individual members of staff covered by this
award.
(ii) For the
purposes of this clause:
(a) "Benefits"
means the benefits nominated by the employee from the benefits provided by the
school and listed in paragraph (c) of subclause (iv) of this clause.
(b) "Benefit
Value" means the amount specified by the school as the cost to the school
of the Benefit provided, including Fringe Benefit Tax, if any.
(c) "Fringe
Benefit tax" means tax imposed by the Fringe
Benefits Tax Act 1986.
(iii) Conditions of
Employment
Except as provided by this clause, employees must be
employed at a salary based on a rate of pay, and otherwise on terms and
conditions, not less than those prescribed by this award.
(iv) Salary
Packaging
The school may offer to provide and the employee may agree
in writing to accept:
(a) the Benefits
nominated by the employee; and
(b) a salary equal
to the difference between the benefit value and the salary which would have
applied to the employee or under subclause (iii) of this clause, in the absence
of an agreement under this subclause.
(c) The available
benefits are those made available by the school from the following list:
(1) superannuation;
(2) childcare
provided by the school;
(3) other benefits
offered by the school.
(d) The school
must advise the employee in writing of the benefit value before the agreement
is entered into.
(v) During the
currency of an agreement under subclause (iv) of this clause:
(a) Any employee
who takes paid leave on full pay shall receive the benefits and salary referred
to in paragraphs (a) and (b) of subclause (iv) of this clause.
(b) If an employee
takes leave without pay the employee will not be entitled to any benefits
during the period of leave.
(c) if an employee
takes leave on less than full pay he or she shall receive:
(1) the benefits;
and
(2) an amount of
salary calculated by applying the formula:
A = S x P% - [(100% - P%) x B], where:
S = the salary determined by paragraph (b) of subclause (iv)
of this clause.
P = the percentage of salary payable during the leave.
B = benefit value.
A = amount of salary.
(d) Any other
payment under this award, calculated by reference to the employee's salary,
however described, and payable:
(1) during
employment; or
(2) on termination
of employment in respect of untaken paid leave; or
(3) on death,
shall be at the rate of pay which would have applied to the
employee under subclause (iii) of this clause, in the absence of an agreement
under paragraphs (a) and (b) of subclause (iv) of this clause.
20. Savings Clause
This award is made on the understanding that the salaries
and conditions existing for employees at the date on which this award takes
effect shall not be reduced merely as a consequence of the coming into
operation of this award.
21. Area,
Incidence And Duration
(i) This award
shall apply to all persons of the classes herein provided for, employed in
boarding houses conducted by or on behalf of non-government schools including
the independent schools listed below but excluding all Catholic schools not
listed.
Chevalier College, Bowral;
Kincoppal - Rose Bay School;
Loreto College, Normanhurst;
St Ignatius College, Riverview;
St Stanislaus College, Bathurst;
St Vincent’s College, Potts Point.
Provided further that this award shall not apply to
employees covered by:
(1) Teachers
(Independent Schools) (State) Award and employed as a teacher by that employer.
(2) Miscellaneous
Workers - Independent Schools and Colleges, &c. (State) Award.
(3) The Royal New
South Wales Institute for Deaf and Blind Children Employees' (State) Award.
(4) Social and
Community Services Employees (State) Award.
And provided further this award shall not apply to:
(a) Members of a
recognised religious order and/or Clerks in Holy Orders and/or Ministers of
Religion [including a Minister/Teacher or a Missionary/Teacher who is a member
of the Seventh Day Adventist Church and who is employed in a boarding school
operated by a local Conference of the Australasian Division of the Seventh Day
Adventist Church], provided that application may be made on behalf of any such
member to be included within the scope of this award.
(b) Students
primarily enrolled and undertaking a study at a university or a college of
TAFE, who are provided with board and lodging without charge by an employer
covered by this award and who are rostered to work not more than 80 hours per
four weeks.
(c) Persons who
are in full-time employment elsewhere other than at the school and are provided
with board and lodging without charge seven days per week by an employer
covered by this award and who are rostered to work not more than 80 hours per
four weeks.
(d) G A P students
who are gaining experience under a "school to school interchange
programme" with an employer covered by this award.
(ii) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the
Boarding House Staff (Independent Schools) (State) Award published 20 February
1998 [303 IG 363] and all variations thereof.
(iii) The award
published 20 February 1998 took effect from 1 May 1997 and the variations
thereof incorporated herein on the dates set out in the attached Schedule A.
(iv) The Changes
made pursuant to the Award Review pursuant to section 19(6) of the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review of Awards made by the Industrial
Relations Commission on 18 December 1998 [308 IG 307] are set out in the
attached Schedule B and take effect on 12 June 2001.
(v) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
SCHEDULE A
Award and Variations Incorporated
|
Clause
|
Award/Variation
|
Date of Publication
|
Date of Taking Effect
|
Industrial Gazette
|
|
|
Serial No.
|
|
|
|
|
|
|
|
|
Vol. Page
|
|
Award
|
B5674
|
20 February 1998
|
I May 1997
|
303
|
636
|
|
Variation
|
B6680
|
14 May 1999
|
10 December 1998
|
309
|
366
|
|
Variation
|
B7787
|
18 February 2000
|
3 June 1999
|
313
|
674
|
|
Erratum
|
B9227
|
11 August 2000
|
3 June 1999
|
317
|
1022
|
SCHEDULE B
Changes made on Review
Date of Effect : 12
June 2001
(1) Provisions
Modified
|
Award
|
Clause
|
Previous Form of Clause Last
|
|
|
|
Published at
|
|
|
|
|
|
|
|
IG Vol Page
|
|
Boarding House Staff (Independent
|
1, Arrangement
|
303
|
636
|
|
Schools) (State) Award
|
|
|
|
|
Boarding House Staff (Independent
|
5, Contract of
|
303
|
639
|
|
Schools) (State) Award
|
Employment
|
|
|
|
Boarding House Staff (Independent
|
22, Area Incidence and
|
303
|
650
|
|
Schools) (State) Award
|
Duration
|
|
|
|
Boarding House Staff (Independent
|
Part C
|
New
|
-
|
|
Schools) (State) Award
|
|
|
|
(2) Provisions
Removed
|
Award
|
Clause
|
Previous Form of Clause Last
|
|
|
|
Published at
|
|
|
|
IG Vol Page
|
|
Boarding House Staff (Independent
|
Clause 21
|
303
|
650
|
|
Schools) (State) Award
|
|
|
|
(3) Rescinded
Obsolete Awards Related to this Review
|
Award
|
Clause
|
Previous Form of Clause Last
|
|
|
|
Published at
|
|
|
|
IG Vol Page
|
|
N/A
|
|
|
|
PART B
MONETARY RATES
Table 1 - Wage Rates
|
Level
|
Annual Salary from the first full pay period on or after 1
May 1997 6% increase
|
Annual Salary from the first full pay period on or after 1
May 1998 3% increase
|
Annual Salary from the first full pay period on or after 1
January 1999 3% increase
|
Annual Salary from the first full pay period on or after 1
May 1999 2.5% increase
|
Annual Salary from the first full pay period on or after 1
January 2000 3.5% increase
|
Annual Salary from the first full pay period on or after 1
May 2000 2% increase
|
|
1
|
24,380
|
25,111
|
25,864
|
26,511
|
27,439
|
27,988
|
|
2
|
26,500
|
27,295
|
28,114
|
28,817
|
29,826
|
30,423
|
|
3
|
28,620
|
29,479
|
30,363
|
31,122
|
32,211
|
32,855
|
|
4
|
31,800
|
32,754
|
33,737
|
34,580
|
35,790
|
36,506
|
Table 2 - Other Rates and Allowances
|
Item No
|
Clause No
|
Brief Description
|
Amount $
|
|
1
|
18 (ii)
|
Own Car Allowance
|
|
|
|
|
- for a vehicle 1500cc or under
|
74.34 per week
|
|
|
|
- for a vehicle over 1500cc
|
91.89 per week
|
|
2
|
18 (iii)
|
Own Car Allowance for use on a casual or
|
|
|
|
|
incidental basis
|
0.51 per km
|
PART C
REDUNDANCY
1.1 This Part
shall apply in respect of full-time and part-time persons employed in the
classifications specified by the award.
1.2 This part
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
1.3 Notwithstanding
anything contained elsewhere in this award, the provisions of this part shall
not apply to employees with less than one year’s continuous service and the
general obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
1.4 This part
shall not apply where employment is terminated as a consequence of conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty, or in the case of casual employees, apprentices or employees engaged for
a specific period of time or for a specified task or tasks or where employment
is terminated due to the ordinary and customary turnover of labour.
2. Employers
duty to Notify and Discuss
2.1 Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
2.2 The employer
shall discuss with the employees affected and the union to which they belong
the introduction of such changes and the likely effect on the employees and the
measures taken to avert or mitigate the adverse effects of such changes.
2.3 ‘Significant
effects’ include termination of employment, major changes in the composition,
operation or size of the employers workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
3. Discussions
before terminations
3.1 Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone and that decision may lead to
the termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
3.2 The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of subclause 3.1 of
this clause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination of the employees concerned.
3.3 For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the
employer.
4. Notice
for Changes in Production, Program, Organisation or Structure
4.1 This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, program, organisation or structure in
accordance with clause 2 of this part.
4.1.1 In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of continuous service Period
of Notice
Less than 1 year 1
week
1 year and less than 3 years 2
weeks
3 years and less than 5 years 3 weeks
5 years and over 4
weeks
4.1.2 In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week’s notice.
4.1.3 Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.2 Notice for
Technological Change
This paragraph sets out the notice provisions to be applied
to terminations by the employer for reasons arising from ‘technology’ in
accordance with clause 2 of this part.
4.2.1 In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
4.2.2 Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.2.3 The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long
Service Leave Act 1955, the Annual
Holidays Act 1944, or any Act amending or replacing either of these Acts.
4.3 Time off
during the notice period
4.3.1 During the
period of notice of termination given by the employer an employee shall be
allowed up to one day’s time off without loss of pay during each week of
notice, to a maximum of five weeks, for the purposes of seeking other
employment.
4.3.2 If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
4.4 Employee
leaving during the notice period
If the employment of an employee is terminated (other than
for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this part had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
4.5 Statement of
employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
4.6 Notice to
Commonwealth Employment Service
Where a decision has been made to terminate employees, the
employer shall notify the Commonwealth Employment Service thereof as soon as
possible giving relevant information including the number and categories of the
employees likely to be affected and the period over which the terminations are
intended to be carried out.
4.7 Department of
Social Security Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
‘Employment Separation Certificate’ in the form required by the Department of
Social Security.
4.8 Transfer to
lower paid duties
Where an employee is transferred to lower paid duties for
reasons set out in clause 2 of this part, the employee shall be entitled to the
same period of notice of transfer as the employee would have been entitled to
if the employee’s employment had been terminated, and the employer may at the
employer’s option make payment in lieu thereof of an amount equal to the
difference between the former ordinary time rate of pay and the new ordinary
time rate for the number of weeks of notice still owing.
5. Severance
Pay
5.1 Where an
employee is to be terminated pursuant to clause 4 of this part, subject to
further order of the Industrial Relations Commission of New South Wales, the employer
shall pay the following severance pay in respect of a continuous period of
service:
5.1.1 If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service Under
45 Years of Age
Entitlement
Less than 1 year Nil
1 year and less than 2 years 4
weeks
2 years and less than 3 years 7 weeks
3 years and less than 4 years 10 weeks
4 years and less than 5 years 12 weeks
5 years and less than 6 years 14 weeks
6 years and over 16
weeks
5.1.2 Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service 45
Years of Age and Over
Entitlement
Less than 1 year Nil
1 year and less than 2 years 5
weeks
2 years and less than 3 years 8.75 weeks
3 years and less than 4 years 12.5 weeks
4 years and less than 5 years 15 weeks
5 years and less than 6 years 17.5 weeks
6 years and over 20
weeks
5.1.3 ‘Weeks Pay’
means the all purpose rate of pay for the employee concerned at the date of termination,
and shall include, in addition to the ordinary rate of pay, over award
payments, shift penalties and allowances provided for in the relevant award.
5.1.4 Where an
employee is subject to a reduction of working hours of 6 or more hours per
fortnight, the reduction will be treated as a partial redundancy. A pro rata payment will be made in
accordance with the severance payments set out in paragraphs 5.1.1 and 5.1.2
above.
5.2 Incapacity to
Pay
Subject to an application by the employer and further order
of the Industrial Relations Commission, an employer may pay a lesser amount (or
no amount) of severance pay than that contained in subclause 5.1.
The Commission shall have regard to such financial and other
resources of the employer concerned as the Commission thinks relevant, and the
probable effect paying the amount of severance pay in subclause 5.1 above will
have on the employer.
5.3 Alternative
Employment
Subject to an application by the employer and further order
of the Industrial Relations Commission, an employer may pay a lesser amount (or
no amount) of severance pay than that contained in subclause 5.1 if the
employer obtains acceptable alternative employment for an employee.
Attachment A
Settlement Procedure:
Agreement Between The Ais And The Ieu
1. Underlying Principles
The Association of Independent Schools and the New South
Wales Independent Education Union each has responsibilities toward their
respective members which are recognised and respected. The two organisations also have a number of
interests in common. These include the
recognition and acceptance of the following:
A. The quality and
public perception of independent schooling is of significance and both
recognise that there is mutual responsibility to protect, promote, develop and
enhance this sector of schooling in New South Wales.
B. There is
mutual benefit to their memberships in there being a working relationship
between the two organisations which is built on professional attitudes and
clearly established and recognised procedures.
C. The
individuality and authority of each independent school, as well as the
individuality and rights of each staff member.
D. The attitudes
and interests in common include:
(i) An interest
in helping to maintain a working environment in which quality education can be
provided in a manner consistent with the school's aims and objectives and its
philosophy.
(ii) A common view
that quality education is most likely to be provided where there is
recognition, encouragement and support for the professional attitudes, rights
and growth of staff members as well as for their personal needs and
developments and the industrial rights of all parties.
E. The right of
employee(s) and the employer(s) to seek assistance and advice from their
respective associations.
2. Operational
Procedures Between The Ais And The Ieu
The right of each organisation to deal with its members as
it sees fit notwithstanding, it is agreed that the following will be the
general principles upon which each organisation will approach the attempts to
resolve difficulties that have not been resolved by direct discussion between
the employer and employee concerned.
A. Both
organisations recognise that it is generally preferable for perceived problems
to be discussed between the staff member and the Principal of the school
concerned with a view to resolving the matter and that it is only when the
normal employer/employee process does not achieve a mutually satisfactory
result that it is appropriate for the matter to be discussed formally between
the AIS and the IEU. This does not
preclude earlier informal discussions where appropriate nor does it preclude
discussion between the IEU and its members in a school as to the most
appropriate method of resolving a problem.
B. The IEU
undertakes to refer to the AIS matters in which it seeks information from an
independent school or to discuss the matters that are of concern to its members
and to do this wherever possible before encouraging school staff and IEU
chapters to pass resolutions about the matter.
C. The AIS
undertakes to respond by seeking discussions with the school to ascertain its
wishes as to how (and where necessary, through whom) it wishes to proceed in
dealing with the matter and to advise the IEU of the school's decision.
D. The steps that
will then follow will be determined to suit the particular matter but in
general can be expected to be as follows:
(i) The AIS and
IEU will discuss the matter with a view to:
(a) identifying
the facts of the matter to ensure that it is not misunderstandings that have
created the problem;
(b) clarifying the
issues and wishes of each of those involved;
(c) exploring the
options that appear to be available;
(d) where
possible, assisting the parties to arrive at a mutually satisfactory solution;
(e) nothing in the
above diminishes the right of either party to refer any matter to the
Industrial Relations Commission of New South Wales.
E. As a general
rule the school, the employee, the AIS and the IEU will maintain
confidentiality to ensure that the dignity of the employee, the school and its
personnel are maintained wherever possible.
The AIS and IEU will, where deemed advisable, prepare
sufficient documents to confirm the agreement and assist in its implementation.
T. M. KAVANAGH, J.
____________________
Printed by the authority of the Industrial Registrar.