School
Support Staff (Independent Schools) (State) Award 2007
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Independent Education Union, Industrial Organisation of Employees.
(No. IRC 196 of 2007)
Before The Honourable
Justice Schmidt
|
7 March 2007
|
AWARD
PART A
1. Arrangement
PART A - CONDITIONS
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Wages
4. Allowances
5. Payment
of Wages
6. Contract
of Employment
6A. Secure
Employment
7. Hours
8. Overtime
9. Meal and
Rest Breaks
10. Sick Leave
11. Public
Holidays
12. Annual
Leave and Payment on Termination
13. Annual
Leave Loading
14. Long
Service Leave
15. Parental
Leave
16. Carer's
Leave
17. Bereavement
Leave
18. Jury
Service
19. Other
Conditions
20. Superannuation
21. Remuneration
Package
22. Disputes
Procedure
23. Anti
Discrimination
24. Savings
Clause
25. Exemptions
26. No Extra
Claims
27. 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 School Support Staff (Independent Schools) (State) Award 2007.
(ii) "Basic
Earnings" means the minimum rate of pay prescribed for the employee by
this award.
(iii) "Employer"
means the employer of an employee to whom this award applies.
(iv) "Employee"
means, without limiting the generality of this expression, an employee other
than a teacher who may be employed in a position described as food technology assistant, art assistant,
TAS assistant, music assistant, laboratory assistant, library / audio-visual
assistant, book-room assistant, bilingual aide, or teachers' aide, or other
position in which the employee is required to assist the teaching staff in the
curricula or co-curricula activities of the school (such persons are described
in this award as school assistants) or employed in a clerical or administrative
capacity.
Employees shall not be deployed instead of a teacher to
conduct classroom lessons.
(v) "Full-time
Employee" means an employee who is employed to work 38 hours per week.
(vi) "Part-time
Employee" means an employee who works a constant number of ordinary hours
less than 38 hours per week.
(vii) "Casual
Employee" means an employee engaged and paid as such.
(viii) "Temporary
Employee" means an employee employed to work full-time or part-time for a
period not to exceed 12 months. An employee may be employed as a Temporary
employee in the following circumstances:
a. where an
employee is employed to replace an employee on leave or secondment.
b. where a
school’s staffing is to be reduced in the following year overall or in a
department (in a secondary school).
This may include but is not limited to circumstances such as declining
enrolments or school amalgamations.
c. where an
employee is employed on a specific programme not funded by the school.
Applicants must be advised in writing prior to
accepting a position that it is temporary, the expected length of the appointment
and the reason why it is temporary.
(ix) "Union"
means the New South Wales Independent Education Union.
(x) "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 this award in respect of that employee.
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 rates set out in Table 1 - Wage Rates, of
Part B - Monetary Rates, by 52.14.
(ii) Part-Time
Employees
Part-time employees shall be paid for each hour worked
during ordinary time one thirty-eighth of the minimum weekly rate (as
calculated in accordance with subclause (i) of this clause) for the level at
which they are employed for a minimum of three hours each start, unless
employed for a specific program (such as ESL or Special Learning Needs) in
which case they must be paid for a minimum of one hour.
School assistants employed part-time shall be entitled
to an additional loading in accordance with the following table:
|
Additional
Part-time Loading
|
|
for School
Assistants
|
Prior to 1 April 2007
|
5%
|
On and from 1 April 2007
|
4%
|
On and form 1 February 2008
|
3%
|
On and from 1 February 2009
|
2%
|
On and from 1 February 2010
|
1%
|
(iii) Casual
Employees
Casual employees shall be paid:
(a) for each hour
worked during ordinary time, one thirty-eighth of the minimum weekly rate (as
calculated in accordance with subclause (i) of this clause) for the level at
which they are employed; plus
(b) 20% of that
amount (inclusive of payment in lieu of annual holidays required to be paid
under the Annual Holidays Act 1944);
for a minimum of three hours each start.
(iv) 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.
(v) 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.
School Assistants
A "Level 1" position is one where the
employee:
(a) requires no
previous experience and a limited range of skills are exercised;
(b) is required to
undertake only basic duties under close supervision;
(c) is not
expected to demonstrate independent initiative and judgement;
(d) is not
required to supervise other employees; and
(e) may not assist
students without at least a level 3 school assistant or teacher present.
A "Level 2" position is one where the
employee:
(a) has the
experience and skills required to perform basic duties without technical
instruction;
(b) requires
instruction for more complex tasks;
(c) may be
expected to demonstrate independent initiative and judgement;
(d) is not
required to supervise other employees; and
(e) may not assist
students without at least a level 3 school assistant or teacher present.
A "Level 3" position is one where the
employee:
(a) possesses
technical competencies required for the position;
(b) only limited
instruction is required for the performance of complex duties;
(c) is normally
required to exercise independent initiative and judgement;
(d) if required by
the employer, may supervise up to three employees; and
(e) may supervise
a small group of children without a teacher present.
A "Level 4" position is one where the
employee:
(a) possesses a
knowledge of workplace practices and procedures including a detailed knowledge
of complex procedures relevant to the position;
(b) resolves
complex operational problems and co-ordinates work within a department or unit
of the school;
(c) displays a
high level of initiative and judgement;
(d) if required to
supervise other employees, will be responsible for maintaining the quality of work of those supervised;
(e) may supervise
students without a teacher present; and
(f) is
responsible for planning future department or school organisational needs
within his / her areas of responsibility.
Clerical and Administrative Staff
Level 1 Clerical Assistant
An employee at this level may:
(a) be required to
undertake tasks involving basic clerical skills under supervision;
(b) be required to
undertake tasks such as handling orders and mail, messenger work and
photocopying; and
(c) be required to
perform telephone relief duties for a short duration.
An employee at this level will have no prior experience
or training.
Level 2 - Clerical Officer
An employee at this level:
(a) may be
required to undertake the complete range of clerical duties;
(b) may be
required to perform a range of financial tasks;
(c) has
responsibility for operational issues in work area;
(d) may be
required to co-ordinate work within own area of responsibility;
(e) may be
required to supervise up to two employees;
(f) may be
required to prepare standard operational reports and statistical returns; and
(g) be able to
deal with standard information systems.
Examples of titles at this level include, but are not
limited to: Enrolment Officer, Receptionist, General Secretary, Word Processing
Officer/Typist, Data Entry Clerk Administrative Assistant
Level 3 - Senior Clerical Officer
An employee at this level:
(a) is required to
have a high level of financial responsibility;
(b) resolves
complex operational problems;
(c) may be
required to supervise up to four employees;
(d) may be
required to prepare detailed operational reports; and
(e) may be
required to deal with more complex financial and administrative systems; or
(f) an employee
at this level may be required to take responsibility for the co ordination and
ongoing management of special projects where an advanced level of clerical and
administrative skill is required.
Examples of titles at this level include, but are not
limited to; Personal Assistant, Payroll Officer, Finance Assistant, Creditors
Clerk, Debtors Clerk, Bookkeeper, Special Projects Officer
Level 4 - Administrator
An employee at this level:
(a) provides
financial advice to the Principal or Bursar and/or manages financial systems;
(b) has proven
skills/knowledge in complex office procedures;
(c) where
applicable has responsibility for the professional development of other support
staff employees;
(d) contributes to
operational and strategic planning for area of responsibility; and
(e) has post
secondary qualifications or equivalent experience.
Examples of titles at this level include, but are not
limited to: Assistant Bursar, Administration Manager, Secretary (Finance and
Administration)
(vi) Progression
(a) Subject to
paragraph (b) of this subclause, an employee shall be appointed to Step one of
the appropriate level and shall progress to each further step within the level,
on completion of a year’s full-time service or equivalent, subject to paragraph
(b) of this subclause. Provided that in
the case of an employee employed as Level 4 - Administrator, the employee shall
progress on the completion of two years of full time service or
equivalent. The number of steps within
each level shall be as set out in Table 1-Wage Rates of Part B Monetary Rates.
(b) Where an
employer considers that service of an employee is not satisfactory and
competent, and for that reason considers progression to the next step is not
warranted, a formal review of these matters shall be undertaken by the employer
pursuant to clause 22, Disputes Procedure, before the date on which progression
would otherwise occur.
(vii) Re-Classification
(a) An employee
may apply to progress to another level or seek reclassification if regularly
called upon to perform a substantial proportion of duties appropriate to the
higher level. The employer will examine the skills utilised and the duties
performed by the employee.
(b) Where an
application is made to progress to a higher level, the employer shall determine
the application within one month of receipt of the application.
(c) Progression to
a higher level shall take place from the first full pay period on or after the
application has been approved by the employer.
(d) The employee
shall be placed on the first step of the new level following reclassification.
(viii) Juniors
(Clerical and Administrative Staff Only)
Junior employees shall receive the percentages of the
adult rate for their classification as set out in Table 1 - Wage Rates, of Part
B - Monetary Rates.
(ix) Higher Duties
Employees required to temporarily perform duties in a
higher grade for more than five days shall be paid at the higher grade rate for
the whole period during which those duties are performed.
4. Allowances
(i) Meals
Where an employee is required to work overtime after
ordinary working hours in excess of one and one half hours on any day, the
employee shall be paid an amount as set out in Item 1 of Table 2 - Other Rates
and Allowances, of Part B - Monetary Rates, for a meal, or be supplied with a
suitable meal.
Any employee required to work more than five hours
overtime shall be paid a further sum as set out in the said Item 1 or be
supplied with a meal.
(ii) First Aid and
Medication Allowance
An employee who is required by the employer to perform
first aid duty and/or who is required 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 2 of Table 2 of Part B - Monetary Rates, provided that
an employee shall not be rostered to perform first aid duty if the employee is
not the current holder of appropriate first-aid qualifications, such as a
certificate from the St John Ambulance or similar body.
Employees required to dispense medication shall receive
written instructions relating to the administration and dosage of all
medications, prior to the requirement to dispense, and where a particular
medication requires that training be undertaken, such training shall be
arranged and conducted during normal working hours at no expense to the
employee.
(iii) Travelling
Expenses
(a) 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.
(b) Any employee
required to provide a motor car shall be paid extra per week at the rate set by
Item 3 of the said Table 2.
(c) 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 4 of the said Table
2, during such use.
(d) If the
employer provides a vehicle the employer shall pay the whole of the cost of the
upkeep, registration, insurance, maintenance and running expenses.
(iv) Where a School
Assistant employed by the Autism Association agrees to supervise a class on a
given day without a Teacher present, such employee shall be paid the
amount set out in Item 5 of Table 2 -
Other Rates and Allowances, of Part B - Monetary Rates. Provided that an
employee shall receive the allowance notwithstanding that the class may be
merged with another class that has a teacher for a session or particular
activity on that day. Provided further that, in the case of satellite schools,
an employee shall receive the allowance notwithstanding that the class is
merged with the mainstream for part(s) of the day in the regular program. Nothing contained in this subclause prevents
such an employee from refusing a request to supervise a class without the
teacher present.
5. Payment of Wages
(i) The wages
payable to an employee, other than a casual employee, shall be payable at the
employer's discretion either 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.
(iii) The employer
may elect to stand down an employee in accordance with subclause (iv) of clause
6, Contract of Employment, or to average the employee's payment of wages over
the year.
(iv) When the
employer elects to average the employee's payment of wages in accordance with
sub-clause (iii) of this clause, the rates will be paid in equal instalments
throughout the year including annual leave (this is not inclusive of the annual
leave loading). The following formula
shall be used to determine the appropriate weekly rate:
N
+ 11
|
x
|
annual
rate of salary
|
240
|
|
52.14
|
|
|
|
Where:
N = number of days the employee will be required
to work each year;
Provided that:
(a) the number of
days worked excludes public holidays;
and
(b) for the
purpose of this formula only, and to avoid a mathematical inconsistency, a
part-time employee shall be deemed to work the same number of days during
school terms as a full-time employee at the same school.
(v) Part time
averaged rates shall be calculated by determining the full time averaged salary
then dividing by 38 and adding a part time loading for School Assistants (see
clause 3 subclause (ii) for part time loading)
(vi) The rate of
pay of an employee determined by paragraph (iv) 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.
(vii) An employee
whose salary is averaged according to the formula in subclause (iv) of this
clause and who works additional ordinary hours which are not specifically
accounted for in the application of the formula in subclause (iv) shall have
those additional hours paid at the casual rate appropriate to their
classification.
6. Contract of
Employment
(i) Letter of
Appointment
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 number of
hours to be worked each week and the number of weeks to be worked throughout
the year;
(c) a statement in
relation to superannuation entitlements as required by paragraph (h) of
subclause (ii) of clause 20, Superannuation;
and
(d) whether the
rate of pay is payable during term time only or throughout the year in
accordance with subclause (iii) of clause 5, Payment of Wages.
If there is a requirement to work during pupil vacation
periods, the number of such days to be worked shall be clearly specified.
(ii) Notice of
Termination
(a) Except for the
first month of employment, the employment of a full-time or part-time employee
may be terminated by two weeks notice given by either party or by the payment
or forfeiture, as the case may be, of two weeks wages in lieu of notice. This 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.
(NOTATION
Reference should be made to Federal legislation which may require more
than two weeks notice to be given by employers when terminating the services of
an employee in some instances.)
(b) During the
first month of employment, the employment of a full-time or part-time employee
may be terminated by a week of notice given by either party or by the payment
or forfeiture, as the case may be, of one week of wages in lieu of notice.
(c) In the case of
a casual employee, one day's notice shall be given by either party.
(iii) 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.
(iv) Pupil Vacation
Periods
(a) An employee
may be stood down on leave of absence without pay during all pupil 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 pupil vacation periods. Any
public holidays falling within such period of stand-down on leave of absence
without pay shall be paid at ordinary rate if they fall on a day on which the
employee ordinarily works.
(b) Where the
employment of an employee is terminated by the employer in accordance with the
provisions of this clause through no fault of the employee within one week of
the end of any school term or during the following vacation, and such employee
whose services are so terminated is re‑employed by the same employer
before the expiration of two weeks after the commencement of the next school
term, the contract of employment shall not be deemed to have been broken for
the purposes of the Long Service Leave Act 1955.
(c) In accordance
with the employee's letter of appointment, an employee may be required to work
during pupil vacation periods during which the employee is ordinarily stood
down. If the employee's letter of
appointment does not specifically designate the period required to be worked
during pupil vacation periods, the employee shall be given eight weeks notice
of such requirement to work prior to the commencement of the pupil vacation
period. The employee may be required to
work during the ordinary hours and days which the person normally works,
provided that the employee may agree to work on different days or for different
hours or with a lesser period of notice.
An employee required to work as outlined in this
paragraph (where the period required to be worked is not specifically
designated in the employee's letter of appointment) shall be paid at casual
rates in addition to any other remuneration received if the employee is paid an
averaged rate of pay pursuant to subclause (iii) of clause 5, Payment of Wages.
(d) An employee
who, prior to 1 May 1995 was not stood down, shall not be stood down after the
introduction of the award unless he or she agrees in writing.
(v) Redundancy
See part C - Redundancy of this award
6A. Secure Employment
(i) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(ii) Casual
Conversion
(a) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(b) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(c) Any casual
employee who has a right to elect under paragraph (ii)(a), upon receiving
notice under paragraph (ii)(b) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(d) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a casual
employee has elected to become and been converted to a full-time employee or a
part-time employee, the employee may only revert to casual employment by
written agreement with the employer.
(f) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (ii)(c), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (ii)(c), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is
agreed that the employee will become a part-time employee, the number of hours
and the pattern of hours that will be worked either consistent with any other
part-time employment provisions of this award pursuant to a part time work
agreement made under Chapter 2, Part 5 of the Industrial Relations Act
1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to
convert his or her contract of employment to full-time employment and an
employee who has worked on a part-time basis during the period of casual
employment has the right to elect to convert his or her contract of employment
to part-time employment, on the basis of the same number of hours and times of
work as previously worked, unless other arrangements are agreed between the
employer and the employee.
(g) Following an
agreement being reached pursuant to paragraph (f), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(h) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(iii) Occupational
Health and Safety
(a) For the
purposes of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A
"contract business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which is contracted by another employer
to provide a specified service or services or to produce a specific outcome or
result for that other employer which might otherwise have been carried out by
that other employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide
employees of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide
employees of the labour hire business and/or contract business with appropriate
personal protective equipment and/or clothing and all safe work method
statements that they would otherwise supply to their own employees; and
(4) ensure
employees of the labour hire business and/or contract business are made aware
of any risks identified in the workplace and the procedures to control those
risks.
(c) Nothing in
this subclause (iii) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and Workers
Compensation Act 1998.
(iv) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or
implementation of this clause, the matter shall be dealt with pursuant to the
disputes settlement procedure of this award.
(v) This clause
has no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
7. Hours
(i) 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 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.
The ordinary hours of employees, exclusive of meal
breaks, shall not, without payment of overtime, exceed an average of 38 hours
per week to be worked in five days, Monday to Friday inclusive.
An employer may request, but not require, a part-time
employee to work additional hours in accordance with the provisions of this
subclause. Where:
(a) the employee’s
wages are averaged in accordance with subclause (iv) of Clause 5, the employee
shall be paid for all such additional hours at the casual rate in accordance
with subclause (iii) of Clause 3, provided that such hours fall within the
spread of ordinary hours as set out in subclause (i) of this clause and do not
result in the employee working more than 8 hours on that day. Where additional
hours are worked on a day the employee is already attending for work, the
minimum casual start of three hours shall not apply;
(b) the employee’s
wages are not averaged, the employee shall be paid for all such hours at their
normal hourly rate of pay, provided that such hours fall within the spread of
ordinary hours as set out in subclause (i) of this clause and do not result in
the employee working more than 8 hours on that day.
Where additional hours worked by a part-time employee
fall outside the spread of ordinary hours or result in an employee working more
than 8 hours on a day, those hours shall be overtime and paid in accordance
with Clause 8 Overtime. However an employee may request that additional hours
be taken as time in lieu in accordance with the provisions of subclause 8(v) of
this award.
8. Overtime
(i) Subject to
the provisions of subclause (vii) of this clause, an employer may require an
employee to work reasonable overtime at overtime rates, or as otherwise
provided for in subclauses 8 (v) and 16.4 of this award.
(ii) Subject to
the provisions of subclause (iii) of this clause, for all time required by the
employer to be worked outside the ordinary hours of work prescribed by clause,
7 Hours, shall be overtime and shall be paid for at the un-averaged rate of
time and one-half for the first two hours and double time thereafter.
(iii) All overtime
worked by an employee between midnight Friday and midnight Sunday shall be paid
at the rate of double time.
(iv) In computing
overtime, each day shall stand alone.
(v) 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 (that is an
hour for each hour of overtime 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 the agreement of 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 for 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.
(vi) Where:
(a) an employee is
required to attend school after leaving, other than to carry out rostered
duties; and
(b) the duty is
not continuous with completion of ordinary working hours;
the employee must be paid a minimum of two hours pay at
the relevant rate. For the purpose of
paragraph (b) of this subclause, the taking of a meal break shall not of itself
mean that the duty is not continuous.
(vii) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours which are unreasonable.
(viii) For the
purposes of subclause 8 (vii) what is unreasonable or otherwise will be
determined having regard to:
(a) any risk to
employee health or safety;
(b) the employee’s
personal circumstances including any family and carer responsibilities;
(c) the needs of
the workplace or enterprise;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(e) any other
relevant matter.
[Notation: The employers and the Union are of the view
that where hours are varied in accordance with clause 7 (i) such hours cannot
properly be regarded as overtime.]
9. Meal and Rest
Breaks
(i) Not more than
one hour nor less than half an hour shall be allowed to employees each day for
lunch and/or an evening meal where work continues after 6 pm. This meal break shall be at a time mutually
agreed upon between the employer and employee.
(ii) All employees
shall be allowed a rest break of ten minutes daily and this break shall be
counted as time worked.
10. Sick Leave
(i) An employee,
with the exception of a casual employee, shall be entitled to ten days sick
leave per year of service on full pay, subject to the following conditions:
(a) Employees
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to payment under the Worker’s Compensation Act
1987.
(b) The employee
shall notify the Principal of the school, or other such person deputised by the
Principal, of the nature of the illness and the estimated duration of the
absence, where practicable, prior to the commencement of the first organised
school activity on that day.
(c) The employer
may require the employee to provide such evidence as the employer or school
medical officer 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.
(ii) Part-Time
Employees
The sick leave entitlement of a part-time employee
shall be in that proportion which the average number of hours worked by the
employee in a week bears to 38. When
the number of hours worked by a part-time employee varies, the sick leave
entitlement of the employee shall be calculated and credited to the employee in
hours at the time of such variation.
(iii) Accumulation
of Sick Leave
If all sick leave is not taken in a year, the untaken
part shall accumulate from year to year. Sick leave will accumulate indefinitely.
(iv) Current sick
leave entitlements shall be exhausted before accumulated sick leave is taken.
(v) Service before
the first full pay period commencing on or after 1 April 2007 shall be taken
into account for the purpose of calculating the annual entitlement to sick
leave and accumulation in respect of service prior to that date shall be
calculated in accordance with the award or any agreement applying to that
employee prior to that date.
(vi) If an award
holiday occurs during an employee’s absence on sick leave then such award
holiday shall not be counted as sick leave.
11. Public Holidays
(i) Subject to
subclauses (ii) and (iii) of this clause, the days on which the following
holidays are observed shall be holidays, namely; New Year's Day, Australia Day,
Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s Birthday, Eight
Hour Day, Christmas Day and Boxing Day, together with any day which may
hereafter be proclaimed as a public holiday throughout the State of New South
Wales. In addition to the holidays
specified in subclause (a) 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 year.
Provided that the additional holiday shall not apply to those employees
whose rate of pay is averaged over the year in accordance with subclause (c) of
clause 6, Payment of Wages.
(ii) 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.
(iii) All time
worked on a public holiday or additional holiday 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 four hours.
12. Annual Leave
& 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 school summer pupil vacation period.
(ii)
(a) Where an
employee whose employment ceases is paid in accordance with subclause (iv) of clause 5, Payment of
Wages, and the total amount received by the employee during that school year
since the school service date or the date of commencement of employment of the
employee (if after the school service date that year) is less than such amount
the employee would have earned if their salary had not been averaged in
accordance with subclause (iv) of Clause 5, Payment of Wages, then the employee
shall be paid on termination the difference between the averaged amount paid
and such higher amount.
(b) For the
purposes of this subclause "school service date" means the usual date
of commencement of employment at a school in each year.
13. Annual Leave
Loading
(i) In this
clause the Annual Holidays Act 1944, is referred to as "the
Act".
(ii) Before an
employee is given and takes the 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 the employee a loading determined in accordance with this clause.
(Note: The obligation
to pay in advance does not apply where an employee takes an annual holiday
wholly or partly in advance - see subclause (vi) of this clause.)
(iii) The loading
is payable in addition to the pay for the period of holidays given and taken
and due to the employee under the Act and this award.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes entitled under the Act and this award or, where such a holiday
is given and taken in separate periods, then in relation to each such separate
period. (Note: See subclause (vi) of this clause, as to
holidays taken wholly or partly in advance.)
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) of this clause, at the rate per week of 17.5 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 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 an annual holiday wholly or partly in advance;
provided that, if the employment of such employee continues until the day when
the employee 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 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.
(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 the employee
became entitled, the employee shall be paid a loading calculated in accordance
with subclause (v) 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.
14. 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 of 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, be 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
years 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 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.
Any long service leave shall be inclusive of any public
holidays falling within the period of such leave. Pupil vacation days which the employee is not normally required
to work and which fall within the period of long service leave shall not be
charged against long service leave.
15. Parental Leave
(a) Maternity
Leave
(i) Subject to
subparagraph (iii) of this paragraph, an employee who takes unpaid maternity
leave of at least twelve weeks under the provisions of the Industrial
Relations Act 1996 must be paid under this clause.
(ii) The amount of
paid leave for an employee who takes leave shall be twelve weeks.
(iii) Where an
employee gives birth to a second and subsequent child following a period of
maternity leave and has not returned to work before the birth of the second or
subsequent child, the employee will not be entitled to an additional twelve
weeks payment in accordance with paragraph (a)(i) of this subclause. However,
the employee will be entitled to unpaid maternity leave in accordance with Part
4 of Chapter 2 of the Industrial Relations Act 1996.
(iv) The employee
must be paid at the rate the employee was paid at the time of commencing leave.
(v) 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.
(vi) The employer
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 (a), the date of the birth; or
(C) if the employee
has not commenced maternity leave at the time referred to in (A), when the
employee commences leave.
(vii) 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.
(viii) The period of maternity
leave will not count as a period of service under this award or any statute.
(ix) Except as
varied by this provision, Part 4 of Chapter 2 of the Industrial Relations
Act 1996 shall apply.
(b) Paternity
Leave
(i) An employee
who takes paternity leave shall be entitled to 2 weeks paid leave commencing on
the day of birth of his child or on the day on which his spouse leaves hospital
following the birth. This paid leave is
to be deducted from Carer's Leave available to the employee pursuant to clause
16 of this award (NB: spouse means a spouse as defined in Clause 16 Carer's
Leave).
(ii) An employee
shall be required to give at least 10 weeks written notice of the intention to
take leave and shall provide other notice consistent with the provisions of
section 58 (2) of the Industrial Relations Act 1996.
(c) Adoption Leave
An employee shall be entitled to twelve weeks paid
leave for the purpose of adopting any child providing the leave is taken on or
after 1 April 2007 and before the child reaches full-time enrolment age,
provided that an employee who commences adoption leave prior to 1 April 2007
shall be entitled to nine weeks paid leave.
(d) Parental Leave
Entitlement for Casual Employees
An employer must not fail to re-engage a regular casual
employee (see section 53(2) of the Act) because:
(i) the employee
or employee's spouse is pregnant; or
(ii) the employee
is or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(e) Right to
request
(i) An employee
entitled to parental leave may request the employer to allow the employee:
(A) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(B) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(C) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(ii) The employer
shall consider the request having regard to the employee’s circumstances and,
provided the request is genuinely based on the employee’s parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer’s business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer
service.
(iii) Employee’s
request and the employer’s decision to be in writing
The employee’s request and the employer’s decision made
under subparagraphs (ii) and (iii) of this paragraph must be recorded in
writing.
(iv) Request to
return to work part-time
Where an employee wishes to make a request under
subparagraph (i) (C) of this paragraph, such a request must be made as soon as
possible before the date upon which the employee is due to return to work from
parental leave.
(f) Communication
during parental leave
(i) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(1) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(2) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(ii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(iii) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with subparagraph (i).
16. Carer’s Leave
16.1 Use of Sick
Leave
(a) An employee,
other than a casual 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 10 of the award, for absences to provide care and support for
such persons when they are ill, or who require care due to an unexpected
emergency. Such leave may be taken for part of a single day.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at Clause 22, Disputes Procedure should be followed
(b) The employee
shall, if required,
(i) establish
either by production of a medical certificate or statutory declaration, the
illness of the person concerned and that the illness is such as to require care
by another person, or
(ii) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person has taken leave to care
for the same person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care 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 bonafide 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 10 of the award.
16.2 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
16.1 of this clause who is ill or who requires care due to an unexpected
emergency.
16.3 Annual Leave
(a) An employee
may elect, with the consent of the employer to take annual leave not exceeding
ten 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 annual leave loading in respect of
single day absences, until at least five annual leave days are taken.
(d) An employee
may elect with the employer’s agreement to take annual leave at any time within
a period of 24 months from the date at which it falls due.
16.4 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) above, 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) months period or on termination.
(d) Where no
election is made in accordance with paragraph (a), the employee shall be paid
overtime rates in accordance with the award.
16.5 Make-up Time
An employee may elect, with the consent of their
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.
16.6 Carer’s
Entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in paragraphs (b) and (d) of subclause 16.1
of this clause, casual employees are entitled to not be available to attend
work, or to leave work if they need to care for a person prescribed in
paragraph (c) of subclause 16.1 who is sick and requires care and support, or
who requires care due to an unexpected emergency, or the birth of a child.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance.
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
17. Bereavement Leave
(i) An employee
shall, on the death of the wife, husband, father, mother, parent-in-law,
brother, sister, child, step-child, grandparent or grandchild of the employee,
be entitled to leave up to and including the day of the funeral of such
relation. Such leave, for a period not
exceeding three days in respect of any such death, shall be without loss of any
ordinary pay which the employee would have received if the employee had not
been on such leave.
(ii) The rights to
such paid leave shall be dependent on compliance with the following conditions:
(a) satisfactory
evidence of such death shall be furnished by the employee to the employer; and
(b) the employee
shall not be entitled to leave under this clause in respect of any period which
coincides with any other period of leave entitlement under this award or
otherwise.
For the purpose of this clause, the words "wife" and "husband"
shall include de facto wife or husband and the words "father" and
"mother" shall include foster-father or mother and stepfather or
mother.
(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
16.2, 16.3 16.4 and 16.5 of clause 16, 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.
(v) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in subparagraph (ii)(a) of this clause,
casual employees are entitled to not be available to attend work, or to leave
work upon the death in Australia of a person prescribed in paragraph (c) of
subclause 16.1 of clause 16 Carer’s Leave.
(b) The employer
and the employee shall agree on the period for which the employee will be
entitled to not be available to attend work. In the absence of agreement, the
employee is entitled to not be available to attend work for up to 48 hours
(i.e. two days) per occasion. The casual employee is not entitled to any
payment for the period of non-attendance
(c) An employer
must not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
18. Jury Service
A full time or part-time employee required to attend for
jury service during ordinary working hours shall be provided with paid leave for
this purpose. The employee shall be
required to reimburse to the employer any monies payable to the employee for
such attendance (excluding reimbursement of expenses) which required the
employee’s absence from school.
The employee shall notify the employer as soon as possible
of the date upon which he or she is required to attend for jury service. The employee shall provide to the employer a
copy of the summons to attend jury duty and a record of payments received as
proof of attendance.
19. Other Conditions
(i) Where
employees are required to use chemicals or other injurious substances, they
shall be supplied with overalls or lab coats, serviceable rubber gloves, and
masks free of charge. Protective
clothing, uniforms and rubber gloves supplied pursuant to this award shall
remain the property of the employer and shall be returned upon termination of
employment.
(ii) Employees
shall be supplied with facilities for the heating of water and food.
(iii) Employees
using chemicals on a regular basis shall be entitled to have, as a minimum, an
annual medical examination. The cost of
such examination shall be met by the employer.
20. Superannuation
(i) Fund
The New South Wales Non-Government Schools
Superannuation Fund shall be made available by each employer to each employee.
(ii) 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 the 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 respect of 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 date 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 applied 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 the Casual Qualification Amount, calculated in accordance
with subclause (iv) of this Clause, 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
employee"); 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 employee for the employer during that year and shall be paid by
the employer to the relevant fund at the time of issue to the employee of his
or her annual group certificate; provided that, prior to the immediately
preceding 30 June, the employee has applied to join a fund.
(g) Where an
employer approves a fund, other than the Non-Government Schools Superannuation
Fund, as one to which the employer will pay contributions in respect of its
employees or a class or classes of such employees, within two weeks of such
approval the employer shall notify its employees of such approval and shall, if
an employee so requests, provide the employee with a copy of the trust deed of
such fund and of a letter from the Insurance and Superannuation Commissioner
granting interim or final listing to the fund at a cost of 80 cents per page of
such copies.
(h) When a new
employee commences in employment, the employer shall advise the employee in
writing of the employee's entitlements under this clause and also of the
provisions of paragraph (d) of this subclause in the case of an employee other
than a casual employee, and paragraph (f) in the case of a casual employee.
(iii) Transfers
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 subclause (ii),
Benefits, of this clause, or within three years after the last notification
made by the employee pursuant to this subclause. 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.
(iv) Casual
Qualification Amount
The "Casual Qualification Amount" referred to
in subparagraph (1) of paragraph (f) of subclause (ii) of this clause is
calculated by the following formula:
Level 1 step 1 - clerical and administrative employee
casual hourly rate of pay x 152 or $2,274.00, whichever is the greater.
21. 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:
(A) superannuation;
(B) childcare
provided by the school;
(C) 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 a 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:
(A) the benefits;
and
(B) 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:
(A) during
employment; or
(B) on termination
of employment in respect of untaken paid leave; or
(C) 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.
22. 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 employee and the Principal in accordance with any procedures that have been
adopted by the school.
(iii) If no
agreement is reached and if the employee 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 as
set out in Attachment A - Disputes Settlement Procedures.
(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.
23. 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.
24. Savings Clause
(i) No employee
shall suffer a reduction in the salary enjoyed by that employee as a result of
the implementation of this award.
(ii) An employee's
conditions of employment, other than those provided in this award, shall not be
altered as a consequence of the introduction of this award.
25. Exemptions
An employee who is in receipt of an annual salary 18 per
cent in excess of the rate applying from time to time for Level 4, Step 2 as
set out in Table 1 - Wage Rates, of Part B, Monetary Rates, shall not be
entitled to the benefits of clause 7, Hours, and clause 8, Overtime, where
there is agreement between the employer and employee that the salary is
inclusive of compensation for any overtime payment to which the employee would
otherwise be entitled. Any dispute in
this matter will be dealt with in accordance with clause 22, Disputes
Procedure.
26. No Extra Claims
It is a term of this award that the union undertakes not to
make or pursue any extra claims for improvements in wages or other terms and
conditions of employment until 31 January
2011.
27. Area, Incidence
& Duration
(i) This award
replaces the School Support Staff (Independent Schools) (State) Award 2004
published on 15 April 2005 (350 I.G. 175), as varied.
(ii) This award
shall apply to all employees as defined in clause 2, Definitions, employed in
non-government schools in New South Wales including Loreto Convent, Kirribilli,
but excluding all other Catholic schools.
Provided further that this award shall not apply to a
person employed as a Bursar/Business Manager (however titled) employed in a
senior managerial (or executive) position in a non-government school who has managerial
responsibilities including the delegated authority to act for the employer from
time to time in the recruitment and termination of staff.
(iii) This award
shall take effect from 16 February 2007 and remain in force until 15 February
2010.
PART B
MONETARY RATES
Table 1 - Wage
Rates
Clerical and Administrative Staff
|
First Full Pay
|
First Full Pay
|
First Full Pay
|
First Full Pay
|
|
Period on or after
|
Period on or after
|
Period on or after
|
Period on or after
|
|
1 April 2007
|
1 February 2008
|
1 February 2009
|
1 February 2010
|
Level
|
per annum
|
per annum
|
per annum
|
per annum
|
|
$
|
$
|
$
|
$
|
|
(4%)
|
(4%)
|
(4%)
|
(4%)
|
Level 1 - Clerical Assistant
|
1
|
37,146
|
38,632
|
40,177
|
41,784
|
2
|
37,686
|
39,193
|
40,761
|
42,391
|
Level 2 - Clerical Officer
|
1
|
42,302
|
43,994
|
45,754
|
47,584
|
2
|
43,533
|
45,274
|
47,085
|
48,968
|
3
|
45,396
|
47,212
|
49,100
|
51,064
|
4
|
45,869
|
47,704
|
49,612
|
51,596
|
Level 3 - Senior Clerical Officer
|
1
|
48,490
|
50,430
|
52,447
|
54,545
|
2
|
49,419
|
51,396
|
53,452
|
55,590
|
3
|
50,348
|
52,362
|
54,456
|
56,634
|
Level 4 - Administrator
|
1
|
56,869
|
59,144
|
61,510
|
63,970
|
2
|
58,073
|
60,396
|
62,812
|
65,324
|
Juniors
|
Percentage
|
|
of adult rate of
pay
|
At 17 years of age
|
60
|
At 18 years of age
|
70
|
At 19 years of age
|
80
|
At 20 years of age
|
90
|
School Assistants
Level
|
First Full Pay
|
First Full Pay
|
First Full Pay
|
First Full Pay
|
|
Period on or after
|
Period on or after
|
Period on or after
|
Period on or after
|
|
1 April 2007
|
1 February 2008
|
1 February 2009
|
1 February 2010
|
|
Per annum
|
Per annum
|
Per annum
|
Per annum
|
|
$
|
$
|
$
|
|
|
(4%)
|
(4%)
|
(4%)
|
(4%)
|
1
|
41,967
|
43,646
|
45,392
|
47,208
|
2
|
44,709
|
46,497
|
48,357
|
50,291
|
3
|
47,268
|
49,159
|
51,125
|
53,170
|
4
|
49,665
|
51,652
|
53,718
|
55,867
|
Table 2 - Other
Rates and Allowances
Item
|
Clause
|
Brief
|
First Full Pay
|
First Full Pay
|
First Full Pay
|
First Full Pay
|
No.
|
No.
|
Description
|
Period on or
|
Period on or
|
Period on or
|
Period on or
|
|
|
|
after 1 April
|
after 1 Feb.
|
after 1 Feb.
|
after 1 Feb
|
|
|
|
2007
|
2008
|
2009
|
2010
|
|
|
|
$
|
$
|
$
|
$
|
1
|
4
(i)
|
Meal
|
|
|
|
|
|
|
Allowance
|
$12.14
|
$12.14
|
$12.14
|
$12.14
|
2
|
4
(ii)
|
First Aid and
|
$22.06 per
|
$22.94 per
|
$23.86 per
|
$24.81 per
|
|
|
Medication
|
week or $4.41
|
week or $4.59
|
week or $4.77
|
week or $4.96
|
|
|
Allowance
|
per day
|
per day
|
per day
|
per day
|
3
|
4
(iii)
|
Own car
|
$98.32 per
|
$98.32 per
|
$98.32 per
|
$98.32 per
|
|
(b)
|
allowance -
|
week $121.54
|
week $121.54
|
week $121.54
|
week $121.54
|
|
|
for a vehicle
|
per week
|
per week
|
per week
|
per week
|
|
|
1500cc or
|
|
|
|
|
|
|
under - for a
|
|
|
|
|
|
|
vehicle over
|
|
|
|
|
|
|
1500cc
|
|
|
|
|
4
|
4
(iii)(c)
|
Own car
|
$0.58 per
|
$0.58 per
|
$0.58 per
|
$0.58 per
|
|
|
allowance for
|
kilometre
|
kilometre
|
kilometre
|
kilometre
|
|
|
use on a casual
|
|
|
|
|
|
|
or incidental
|
|
|
|
|
|
|
basis
|
|
|
|
|
5
|
4(v)
|
Autism
|
$54.40 per day
|
$56.58 per day
|
$58.84 per day
|
$61.19 per day
|
|
|
Association
|
|
|
|
|
|
|
Higher Duties
|
|
|
|
|
|
|
Allowance
|
|
|
|
|
Note:-
1. Items 1,4 and
5 to be adjusted for CPI increases.
PART C
REDUNDANCY
1.1 This Part
shall apply in respect of full-time and part-time persons employed in the
classifications specified by 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
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 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.
5.2 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
DISPUTES
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:
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.
M.
SCHMIDT J
____________________
Printed by
the authority of the Industrial Registrar.