LUCAS STREET
CHILD CARE CENTRE ENTERPRISE AWARD 1997
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 2376 of
1999)
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Before Commissioner Kelly
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18 August 1999
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REVIEWED AWARD
PART A
Arrangement
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Clause No.
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Subject Matter
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1.
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Title
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2.
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Definitions
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3.
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Application
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4.
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Awards
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5.
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Wages
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6.
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Parental Allowance
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7.
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Child Free Days
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8.
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Job Share
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9.
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Vaccinations
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10.
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Annual Leave Loading
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11.
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First Aid Course
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12.
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Travel Reimbursement
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13.
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Inservice Training
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14.
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Sick Leave
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15.
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Long Service Leave
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16.
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Anti Discrimination
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17.
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Disputes and Grievance Procedures
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18.
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Area, Incidence and Duration
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PART B
MONETARY RATES
Table 1 -
Wages
Table 2 -
Other Rates and Allowances
1. Title
The award shall be known as the Lucas Street Child Care Centre
1997 Enterprise Award.
2. Definitions
"Enterprise Award" means the Lucas Street Child
Care Centre 1997 Enterprise Award.
"Lucas Street Child Care Centre" hereinafter
referred to as child care centre, means the corporation established as Lucas Street
Child Care Centre ACN 003 187 513.
"Union" means either the Australian Liquor,
Hospitality and Miscellaneous Workers Union, New South Wales Branch (the LHMU)
or the New South Wales Independent Education Union (the IEU) in respect to
members or eligible members of the appropriate union.
"Employees" means employees of the employer
employed by Lucas Street Child Care Centre.
3. Application
The award shall apply to all employees of Lucas Street Child
Care Centre employed under the Miscellaneous Workers’ - Kindergarten and Child
Care Centre, &c. (State) Award published 22 June 2001 (325 I.G. 652) and
the Teachers (Non-Government Early Childhood Service Centres Other Than
Pre-Schools) (State) Award published 22 October 1999 (311 IG 637), as varied.
4. Awards
Except as varied by this award, conditions of employment
shall be in accordance with the provisions of the Miscellaneous Workers’ -
Kindergarten and Child Care Centres, &c. (State) Award or the Teachers
(Non-Government Early Childhood Service Centres Other Than Pre-Schools) (State)
Award.
5. Wages
5.1 Wages shall be
effective from the beginning of the first full pay period to commence on or
after 30 October 1997 and are as set out in Table 1 - Wages of Part B Monetary
Rates.
5.2 The parties
agree to identify cost efficiencies that may be identified in the service. The parties agree that this award may be
varied to include further wage increases to the extent of the cost efficiencies
that have been identified.
6. Parental Allowance
(a) All employees
who apply and are granted parental leave under Part 4, Division 1 of Chapter 2
of the Industrial Relations Act 1996,
shall be entitled to an allowance equivalent to six weeks’ salary at the rate
of pay the employee was entitled to at the time of commencing paternal leave
provided that they take at least six weeks parental leave in one block.
(b) This will
apply to all employees who commence parental leave on or after January 1, 1997.
(c) Except as
varied by this clause the provision of Part 4, Division 1 of Chapter 2 of the Industrial Relations Act 1996, shall
apply.
7. Child Free Days
(a) Two days of
operation of the centre during each year are to be used as professional
development days for employees.
Children will not be in attendance for those two days.
(b) The two days
are to be set at times of low usage of the centre, with minimum inconvenience
to the parents, and are to be agreed upon by the management committee.
(c) A program of
professional development for each day is to be presented to and agreed by the
management committee a month before each child free day and a report is to be
given to the management committee the month following the child free day.
(d) All employees
are to attend unless prior arrangements are made. Rostered days off that fall on these days are to be re-rostered.
8. Job Share
(a) Both the
Teachers (Non-Government Early Childhood Service Centres Other Than
Pre-Schools) (State) Award and the Miscellaneous Workers’- Kindergarten and
Child Care Centres, &c. (State) Award have provisions for job share.
(b) All parties
recognise the valuable contribution that job share offers employees and to the
centre and that job share is one aspect of creating family friendly workplaces.
9. Vaccinations
All employees will be entitled to have access to Hepatitis A
& B Vaccinations. If the Royal
Prince Alfred Hospital is not prepared to continue to offer these to employees,
the centre will pay for any shortfall between the cost and Medicare benefit.
10. Annual Leave Loading
All employees, other than casual employees, shall be paid an
annual leave loading calculated under the relevant award entitlements on
December 1 of each year by reference to the period of the annual holiday to
which an employee is entitled for the time being under the Annual Holidays Act 1944.
Employees will not be entitled to any other holiday leave
loading during periods of annual leave.
11. First Aid Course
All employees will be required to obtain and maintain a
first-aid certificate. Attendance at
first-aid courses will be during normal working hours and all costs shall be
met by the employer.
No employee shall be entitled to be paid a first aid
allowance.
12. Travel
Reimbursement
Employees who work a shift rostered to end after 9.00 pm and
who do not have access to private transport shall be entitled to be reimbursed
an amount per shift as set out in Item 1 of Table 2- Other Rates and Allowances
of Part B, Monetary Rates, on the production of receipts. Such reimbursement shall be paid at
intervals of six weeks.
13. In-service
Training
All parties to this award recognise the value of in-service
training for all employees. The
employer agrees to continue its commitment to in-service training. However, all parties recognise the economic
constraints facing the centre and it may not be possible to continue to offer
the current amount of in-service training.
14. Sick Leave
Employees employed under the Miscellaneous Workers’ -
Kindergarten and Child Care Centres, &c. (State) Award shall be entitled
to:
- 8 days
of sick leave in their first year of employment;
- 10 days
in their second year of employment;
- 12 days
in their third year of employment; and
- 13 days
in their fourth and subsequent years’ of employment.
Untaken sick leave in the first year and thereafter shall
accumulate up to a maximum of 120 days, not including the current year’s
entitlement.
15 Long Service
Leave
15.1 Except as
varied by this award, the provisions of the Long
Service Leave Act 1955 shall apply to employees employed under this award.
15.2 In the case of
an employee who has completed five years of adult service with Lucas Street
Child Care Centre as of July 1997, and whose services are terminated or cease
for any reason will be eligible for a proportionate amount on the basis of the
provisions of the said Act.
15.3. Any employee
who has completed between five and ten years of service with Lucas Street Child
Care Centre may apply to take a proportionate amount of long service leave on
the basis of the provision of the Act, provided that this amount will be
deducted from the amount due on termination.
16.
Anti-Discrimination
16.1 It is the
intention of the parties bound by this award to seek to achieve the objective
of section 3(f) of the Industrial
Relations Act 1996 to prevent and eliminate discrimination in the
workplace. This includes discrimination
on the grounds of race, sex, marital status, disability, homosexuality,
transgender identity and age.
16.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award that parties have obligations to take all reasonable
steps to ensure that he 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.
16.3 Under the Anti Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
16.4 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.
16.5 This clause
does not create legal rights or obligations in addition to those imposed upon the
parties by the legislation referred to in this clause.
17. Disputes and
Grievance Procedures
(a) The objective
of these procedures is the avoidance and resolution of industrial disputation,
arising under this award, by measures based on conciliation, co-operation and
negotiation.
(b) Without
prejudice to either party, the parties to this award shall ensure the
continuation of work in accordance with the parent awards, this enterprise
award and custom and practice at Lucas Street Child Care Centre.
(c) (i) In the event of any matter arising
under this award which is of concern or interest, the employee shall discuss
this matter with the employer or his/her nominee.
(ii) If the matter
is not resolved at this level, the employee may refer this matter to their
relevant union, who will discuss the matter with the Management Committee or
his/her nominee.
(iii) If this
matter cannot be resolved at this level it may be referred to the Industrial
Relations Commission of New South Wales.
(d) Nothing
contained in this procedure shall prevent the Management Committee or its
nominee or the IEU or LHMU from entering into negotiations at any level, either
at the request of a member or on their own initiative in respect of the matter
in dispute, should such action be considered conducive to achieving resolution
of the dispute.
18. Area, Incidence
and Duration
(a) This
enterprise award shall apply to all employees as defined in clause 3,
Definitions, employed by Lucas Street Child Care Centre.
(b) This award is
made following a review under section 19 of the Industrial Relations Act 1996 and rescinds and replaces the Lucas
Street Child Care Centre Enterprise Award 1997 published 30 October 1998 [306
IG 1315] and all variations thereof.
(c) The award
published 10 October 1998 took effect from the beginning of the first pay
period to commence on or after 30 October 1997 and variations thereof
incorporated herein on the dates set out in the attached Schedule A.
(d) The changes
made to the award pursuant to the Award Review pursuant to section 19 (6) of
the Industrial Relations Act 1996 and
Principle 26 of the Principles for Review made by the Industrial Relations
Commission of New South Wales on 18 December 1998 [308 IG 037] are set out in
the attached Schedule B and take effect on 18 August 1999.
(e) This award
remains in force until varied or rescinded, the period for which it was made
having already expired.
PART B
MONETARY RATES
Table 1 - Wages
For teaching staff employed under the Teachers (Non-Government
Early Childhood Service Centres Other Than Pre-Schools) (State) Award.
All other Teachers -
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Step
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Salary Per Annum
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$
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Step 1
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24,138
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Step 2
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24,719
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Step 3
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25,373
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Step 4
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26,284
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Step 5
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27,392
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Two Year Trained Teacher -
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Step
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Salary Per Annum
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$
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Step 1
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26,321
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Step 2
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29,160
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Step 3
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30,644
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Step 4
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32,246
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Step 5
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33,727
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Step 6
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35,262
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Step 7
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36,965
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Step 8
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37,898
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Step 9
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38,815
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Three Year Trained Teacher -
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Step
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Salary Per Annum
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$
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Step 1
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30,326
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Step 2
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31,870
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Step 3
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33,537
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Step 4
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35,075
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Step 5
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36,672
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Step 6
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38,446
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Step 7
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39,413
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Step 8
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40,371
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Step 9
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41,979
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Step 10
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43,657
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Step 11
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44,834
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Four Year Trained Teacher -
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Step
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Salary Per Annum
$
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Step 1
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32,247
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Step 2
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34,245
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Step 3
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36,170
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Step 4
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38,306
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Step 5
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40,292
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Step 6
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41,979
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Step 7
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43,657
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Step 8
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45,549
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Step 9
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47,370
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Directors Allowance -
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Number of Units
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Allowance Per Annum
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$
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1
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3,125
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2
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3,815
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3
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4,761
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4
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5,947
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For employees engaged under the Miscellaneous Workers’ -
Kindergartens and Child Care Centres, &c.(State) Award.
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Classification prior to
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New Classification
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Weekly Rate of Pay
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1 July, 1997
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As of 1 July 1997
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From the first pay period on or after 1 July 1997
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Cleaner
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Support Worker
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408.40
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Other Cooks
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Housekeeper
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1st Cook Working Grade 4
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Support Worker (Qualified Cook)
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422.20
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Step 1
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Step 1
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403.80
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Step 2
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Step 2
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408.40
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Step 3
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Step 3
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412.90
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Step 4
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Step 4
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417.50
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Child Care Worker Grade 2
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Advanced Child Care Worker
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Step 1
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Step 1
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428.50
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Step 2
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Step 2
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440.70
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Step 3
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Step 3
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451.70
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Child Care Worker Grade 1
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Advanced Child Care Worker
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Qualified
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Step 1
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Step 1
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486.50
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Step 2
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Step 2
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495.60
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Step 3
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Step 3
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504.80
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New Grade
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Co-ordinator - Unqualified
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Small
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Step 1
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447.90
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Step 2
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460.10
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Step 3
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471.10
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Co-ordinator - Unqualified
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Large
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Step 1
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457.60
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Step 2
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469.70
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Step 3
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480.80
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Grade
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New Classification
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Weekly Rate of Pay from the
|
Weekly Rate of pay
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1st pay period on or after July 8 1997
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from the 1st pay period on or after October 8 1997
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New
|
Co-ordinator
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Grade
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Qualified small
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Step 1
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500.90
|
515.30
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|
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Step 2
|
510.00
|
524.40
|
|
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Step 3
|
519.20
|
533.60
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New
|
Co-ordinator
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Grade
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Qualified large
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Step 1
|
510.45
|
534.40
|
|
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Step 2
|
519.55
|
543.50
|
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Step 3
|
528.75
|
552.70
|
Table 2 - Other Rates and Allowances
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Item No.
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Clause No.
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Brief Description
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Amount ($)
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1
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13
|
Travel reimbursement - shift rostered to end after 9.00pm
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4.50 per shift
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SCHEDULE A
Award and Variations Incorporated
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Clause
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Award/Variation
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Date of
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Date of Taking Effect
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Industrial
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Serial No.
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Publication
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Gazette
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Vol
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Page
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Award
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B6379
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30 October
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First pay period on or
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306
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1315
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1998
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after 30 October 1997
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SCHEDULE B
Changes Made on Review
Date of Effect: 18 August 1999
(1) Provisions
Modified:
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Award
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Clause
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Previous form of clause last
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published at:
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Vol.
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Page
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Lucas Street Child Care Centre
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1, Arrangement
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306
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1315
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Enterprise Award 1997
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Lucas Street Child Care Centre
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16, Anti Discrimination
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-
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-
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Enterprise Award 1997
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Lucas Street Child Care Centre
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19, Area, Incidence and
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306
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1318
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Enterprise Award 1997
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Duration
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(1) Provisions
Removed:
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Award
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Clause
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Previous form of clause last published at:
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Vol.
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Page
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(1) Rescinded
Obsolete Awards Related to this Award
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Award
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Clause
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Previous form of clause last
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published at:
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Vol.
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Page
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P. B. KELLY,
Commissioner
____________________
Printed by the authority of the Industrial Registrar.