Boarding
House 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. Payment
of Wages
5. Contract
of Employment
5A. Secure
Employment
6. Hours of
Work
7. Sick
Leave
8. Annual
Leave and Payment on Termination
9. Annual
Leave Loading
10. Long
Service Leave
11. Parental
Leave
12. Carer's
Leave
13. Bereavement
Leave
14. Jury
Service
15. Disputes
Procedure
15A. Anti-Discrimination
16. Supervision
of Students
17. Higher
Duties
18. Travelling
Expenses and Allowances
19. Superannuation
20. Remuneration
Package
21. Savings
Clause
22. No Extra
Claims
23. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates
and Allowances
ATTACHMENT A
Disputes
Settlement Procedure
2. Definitions
(i) "Award"
means the Boarding House Staff (Independent Schools) (State) Award.
(ii) "Employee"
means a person who is employed with responsibility for the pastoral care and
supervision of students in a boarding house.
(iii) "Employer"
means the employer of an employee to whom the award applies.
(iv) "Part-time
Employee" means an employee who works a constant number of hours each week
which is less than 38 hours per week.
(v) "Casual
Employee" means an employee engaged and paid as such.
(vi) "Temporary
Employee" means an employee employed for a specific purpose to work
full-time or part-time for a period not to exceed 24 months.
(vii) "Union"
means the New South Wales Independent Education Union.
(viii) "Shift"
shall mean the defined hours of duty (including broken periods) allocated to an
employee in accordance with the work roster for any 24 hours period.
3. Wages
(i) The minimum
weekly rate of pay for employees shall, subject to the other provisions of this
award, be calculated by dividing the salaries set out in Table 1 - Wage Rates,
of Part B - Monetary Rates, by 52.14.
(ii) Classifications
An employee shall be initially appointed to the
appropriate level as determined by the employee's skills and duties required to
be performed in the position, as set out below:
(a) A Level 1
position is one where the employee undertakes basic duties to assist the person
in charge of the boarding house in the daily routines involving the care of
students and the general functions of the boarding house.
(b) A Level 2
position is one where the employee carries out the duties of a Level 1 employee
but while actively on duty may deputise as required from time to time for the
person in charge of the boarding house.
(c) A Level 3
position is one where the employee is responsible for the management of a
boarding house and has a significant concern for the welfare of the
students. Duties include the
maintenance of effective communication with the parents of students and the
supervision of other staff covered by this award in the boarding house.
(d) A Level 4
position is one where the employee is responsible to the Principal of a school
for the overall supervision of the recreational and personal general welfare of
all students and has overall responsibility for the administration of two or
more boarding houses.
(iii) Part-time
Employees
Part-time employees shall be paid at the same weekly
rate as a full-time employee with the corresponding classification but in that
proportion which the number of hours for which the part-time employee is
rostered to work bears to the number of hours for which a full-time employee at
that boarding house is rostered to work.
(iv) Casual
Employees
Casual employees shall be paid:
(a) at the same
weekly rate as a full-time employee with the corresponding classification but
in that proportion which the number of hours rostered to be worked by the
casual employee bear to the hours rostered to be worked by the full-time employee
at that boarding house; plus
(b) 25 per cent of
that amount (inclusive of payment in lieu of annual holidays required to be
paid under the Annual Holidays Act 1944).
(v) The hourly
rates for part-time and casual employees shall be calculated to the nearest
whole cent, any amount less than a half cent in the result to be disregarded.
4. Payment of Wages
(i) The wages
payable to an employee other than a casual employee shall be payable at the
employer's discretion either weekly, fortnightly or half-monthly.
(ii) Wages payable
to an employee shall be payable, at the employer's discretion, by either cash,
cheque or electronic funds transfer into an account nominated by the employee.
5. Contract of
Employment
(i) On
appointment, the employer shall provide full-time and part-time employees with
a letter of appointment setting out the following:
(a) the
classification and rate of pay of the employee;
(b) the rostered
number of hours to be worked each week and the number of weeks to be worked
throughout the year.
(ii) Except for
the first week of employment, the employment of a full-time or part-time
employee may be terminated by four weeks notice given by either party or by the
payment or forfeiture, as the case may be, of four weeks wages in lieu of
notice. This shall not affect the right
of the employer to summarily dismiss any employee without notice for misconduct
and in such cases wages shall be paid up to the time of dismissal only.
NOTATION:
Reference should be made to Federal legislation which may require more
than four weeks notice to be given by employers when terminating the services
of an employee in some instances.]
(iii) In the case
of a casual employee, one day's notice shall be given by either party.
(iv) On the
termination of employment the employer shall, at the request of the employee,
give to such employee a statement signed by the employer stating the period of
employment, the employee's classification, and when the employment terminated.
(v) Redundancy
See Part C - Redundancy
5A. 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) very 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.
6. Hours of Work
(i) An employee
rostered on duty during meal times shall be entitled to a meal and shall be
allowed sufficient time to have such meal.
All employees shall be entitled to 48 hours off duty
each week or 96 hours off each fortnight, at a time mutually convenient to the
employer and the employee. Such time
off shall be consecutive, as far as practicable, unless the employee and
employer agree otherwise.
(ii) The rostered
hours of work for full-time employees shall not exceed 172 hours in any period
of four school term weeks. Rostered
hours include a period where the employee is required to be available for duty
other than a period overnight when the employee is sleeping on the premises. Both parties recognise the need for
flexibility in this area of employment.
7. Sick Leave
An employee, with the exception of a casual employee who is
unable to attend for duty during the employee's working hours by reason of
personal illness or incapacity not due to the employee's own serious and wilful
misconduct, shall be entitled to be paid for the time of such non-attendance
subject to the following:
(i) The employee
shall not be entitled to paid leave of absence for any period in respect of
which the employee is entitled to payment under the Worker’s Compensation
Act 1987.
(ii) The employee
shall, as soon as reasonably practicable and in any case prior to what would
have been the normal commencement time, inform the employer of the employee's
inability to attend for duty and, as far as possible, state the nature of the
illness or incapacity and the estimated duration of absence.
(iii) Other than in
respect of the first two days absence in respect of sickness in any year an
employee shall, upon request, provide a medical certificate addressed to the
employer or, if the employer requires, to the school medical officer. Notwithstanding the foregoing the employer
may require other evidence of sickness.
(iv) The employee
shall, in respect of any year of continued employment, be entitled to ten days
sick leave per year of service on full pay.
Any period of paid sick leave allowed by the employer to an employee in
any such year shall be deducted from the period of sick leave which may be
allowed or carried forward under this award in respect of such year.
(v) If the full
period of sick leave is not taken in any year, the whole or any untaken portion
shall be cumulative from year to year. Sick leave will accumulate
indefinitely. Current sick leave
entitlements shall be exhausted before accumulated leave is taken.
(vi) Service prior
to the first full pay period on or after 1 April 2007 will be taken into
account for the purpose calculating sick leave accumulation in accordance with
the award or any agreement applying to the employee prior to that date. Service prior 1 May 1995 shall not be taken
into account in determining accumulated sick leave entitlements provided that
an employee shall retain sick leave, if any, accumulated pursuant to a contract
of employment prior to that date.
(vii) For the
purposes of this clause a year means a year of service.
(viii) Notwithstanding
the provisions of subclause (iv) of this clause, the sick leave entitlement of
a part-time employee shall be in that proportion which the number of hours
rostered to be worked by the part-time employee in a week bears to the number
of hours rostered to be worked in a week by a full-time employee at that
boarding house.
8. Annual Leave and
Payment on Termination
(i) All employees,
other than casual employees, shall receive four weeks paid annual leave in
accordance with the Annual Holidays Act 1944 such leave normally to be
taken during the boarding house summer pupil vacation period.
(ii) The
provisions of the Annual Holidays Act, 1944 shall apply with respect to
pro-rata payment on termination.
9. Annual Leave
Loading
(i) A leave
loading equivalent to 17.5 per cent of four weeks' salary shall be paid to an
employee, other than a casual employee, who has completed twelve months'
continuous service with the employer.
(ii) The loading
is the amount payable for the period at the rate of 17.5 per cent of the
employee's weekly rate of pay prescribed by this award for the classification
in which the employee was employed immediately before commencing the annual
holiday but shall not include any allowances or any other payments prescribed
by this award.
(iii)
(a) No loading is
payable to an employee who takes annual holidays wholly or partly in advance;
provided that, if the employee continues until the day when they would have
become entitled under the Act to an annual holiday, the loading then becomes
payable in respect of the period of such holiday and is to be calculated in
accordance with subclause (ii) of this clause applying the award rates of wages
payable on that day.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, an employee shall be paid an
annual holiday loading where the annual holiday is taken by agreement wholly or
partly in advance during the summer pupil vacation period. The employee shall
be entitled to the fraction of four weeks holiday loading as is equal to the
number of weeks worked by the employee in that school year compared to the
number of weeks in the year since the school service date.
(iv)
(a) Where the
employment of an employee is terminated by the employer for a cause other than
misconduct, and at the time of the termination the employee has not been given
and has not taken the whole of an annual holiday to which the employee became
entitled, the employee shall be paid a loading calculated in accordance with
subclause (ii) of this clause, for the period not taken.
(b) Except as
provided in paragraph (a) of this subclause, no loading is payable on the
termination of an employee's employment.
10. Long Service
Leave
(i) Applicability
of Long Service Leave Act 1955.
Except in so far as expressly varied by the provisions
of this clause the provisions of the Long Service Leave Act 1955 shall
apply.
(ii) Quantum of
Leave
Subject to subclause (iii) of this clause, the amount
of long service leave to which an employee shall be entitled shall:
(a)
(A) in the case of
an employee who has completed ten years service be in respect 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, a proportionate amount on the basis of 1.05
weeks for each completed year of service; and
(b) in the case of
an employee who has completed five years adult service with an employer and
whose services with the employer are terminated or cease for any reason other
than misconduct be a proportionate amount on the basis of 10.5 weeks for ten
year’s service (such service to include service with the employer as an adult
and otherwise than as an adult).
(iii) Calculation
of Entitlement
In the case of an employee whose service with an
employer began before 1 May 1995 and whose service would entitle the employee
to long service leave under this clause, the amount of long service leave to
which the employee shall be entitled shall be the sum of the following amounts:
(a) the amount
calculated on the basis of the provisions of the Long Service Leave Act
1955 in respect of the period of service before 1 May 1995; and
(b) an amount calculated
on the basis of the provisions of this clause from 1 May 1995.
(iv) The service of
an employee with an employer shall be deemed continuous notwithstanding the
service has been interrupted by reason of the employee taking maternity leave
(including paid and unpaid leave) or approved leave without pay, but the period
during which the service is so interrupted shall not be taken into account in
calculating the period of service.
(v) Any long
service leave shall be inclusive of any public holidays and other pupil
vacation periods falling within the period of such leave.
11. 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 the 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.
Notation:
(i) Where
possible maternity leave should preferably commence on the day following the
last teaching day of a term and conclude on the day preceding the first
teaching day of a term. However this
does not diminish the right of an employee to proceed on leave on the date she
nominates in accordance with the Industrial Relations Act 1996.
(ii) In order to
facilitate the desirable practice referred to in (i) above, the employers are
prepared to extend the time of maternity leave beyond that maximum entitlement
prescribed by the Industrial Relations Act 1996, should the employee
agree to return from maternity leave at the commencement of the term
immediately following the maximum period of leave required to be afforded by
that Act.
(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
12 of this award (NB: spouse means a spouse as defined in Clause 12 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 11(e)(i)B and 11(e)(i)C 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 subclause, 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:
(A) 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
(B) 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).
12. Carer’s Leave
12.1 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 7 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.
(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 bona fide domestic basis although not legally married to the
person; and
(2) a child or
adult child (including an adopted child, a step child, a foster child or an
ex-nuptial child), a parent (including a foster parent or legal guardian),
grandparent, grandchild or sibling of the employee or spouse of the employee.
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 15 should be followed.
(d) The employee
shall not be entitled to paid carer’s leave unless he or she notifies the
Principal of the school (or a person deputised by the Principal) of the need
for carer’s leave and the estimated period of absence at the first available
opportunity and where possible, before the first organised activity at the
school on the day of absence. The
employee will have sick leave credits available to the extent of the leave to
be taken.
(e) Notwithstanding
paragraph (a) of this subclause, a part-time employee is only entitled to an
amount of carer’s leave in the same proportion the hours of a part-time
employee bears to the hours of a full-time employee.
(f) Any carer’s
leave taken in accordance with this clause shall be deducted from the sick
leave entitlement of the employee in accordance with Clause 7 of the award.
12.2 Unpaid Leave
An employee may elect, with the consent of the
employer, to take unpaid leave for the purpose of providing care and support to
a class of person set out in subparagraph (ii) of paragraph (c) of subclause
12.1 of this clause who is ill or who requires care due to an unexpected
emergency.
12.3 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.
12.4 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.
12.5 Carer’s
Entitlement for casual employees
(a) Subject to the
requirements in paragraphs 12.1(b) and 12.1(d), 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 12.1 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.
13. Bereavement Leave
(i) An employee
shall, on the death of the spouse, father, mother, parent-in-law, brother,
sister, child, step-child, grandparent or grandchild of the employee, be
entitled to leave up to and including the day of the funeral of such
relation. Such leave, for a period not
exceeding three days in respect of any such death shall be without loss of any
pay which the employee would have received if the employee had not been on such
leave.
(ii) The rights to
such paid leave shall be dependent on compliance with the following conditions:
(a) satisfactory
evidence of such death shall be provided by the employee if required by the
employer; and
(b) the employee
shall not be entitled to leave under this clause in respect of any period which
coincides with any other period of leave entitlement under this award or
otherwise.
(iii) Bereavement
leave shall be available to the employee in respect of the death of a member of
the employee's immediate family or household, as defined in clause 12, Carer's
Leave, of this award.
(iv) Bereavement
leave may be taken in conjunction with other leave available under subclauses
12.2, 12.3 and 12.4 of clause 12, Carer's Leave. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the school.
(v) Bereavement
leave entitlements for casual employees
(a) Casual
employees are entitled to not be available to attend work, or to leave work
upon the death in Australia of a person for whom the employee could have
utilised Carer’s Leave in sub-clause 12.5, provided that for the purpose of
this bereavement leave entitlement, the casual employee need not have been
responsible for the care of the person concerned. A casual employee must notify the employer as soon as practicable
of the intention to access this entitlement and may be required to provide the
employer with satisfactory evidence of such death.
(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.
14. 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.
15. Disputes
Procedure
(i) Subject to
the provisions of the Industrial Relations Act 1996, all grievances,
claims or disputes shall be dealt with in the following manner so as to ensure
the orderly settlement of the matters in question.
(ii) Any grievance
or dispute which arises shall, where possible, be settled by discussion between
the staff member and the Principal in accordance with any procedures that have
been adopted by the school.
(iii) If no
agreement is reached and if the staff member seeks assistance from the union or
another person, the matter will be referred to the Association of Independent
Schools by the union or that person and shall be dealt with in accordance with
the agreement between the Association of Independent Schools and the union (see
Attachment A).
(iv) Should the
matter not be resolved, it may be referred by either party to the Industrial
Relations Commission of New South Wales for settlement.
15A.
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:
any conduct or act which is specifically exempt for
anti discrimination legislation:
offering or providing junior rates of pay to persons
under 21 years of age;
any act or practice of a body established to propagate
religion which is exempted under section 56(d) of the Anti-Discrimination
Act 1977;
a party to this award from pursuing matters of unlawful
discrimination in any State or Federal jurisdiction.
(v) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
16. Supervision of
Students
During peak periods of the day additional personnel will be
rostered for duty when dealing with large groups of children.
For the purposes of this clause, additional personnel may
include teaching staff.
In determining supervisory levels, the school will recognise
its obligation to maintain the appropriate duty of care.
17. Higher Duties
Employees required to temporarily perform duties in a higher
grade for more than five days shall be paid at the higher grade rate for the
whole period during which those duties are performed.
18. Travelling
Expenses and Allowances
(i) 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 1 of Table 2 - Other Rates and Allowances, of Part B - Monetary Rates.
(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 2 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.
(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 Table 3 of Part B - First Aid Allowance, 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.
19. 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 employee casual hourly rate of pay x 152 or
$2,274.00, whichever is the greater.
20. Remuneration
Package
(i) This clause
shall apply to those individual schools wishing to facilitate the provision of
salary and benefit packages to individual members of staff covered by this
award.
(ii) For the
purposes of this clause:
(a) "Benefits"
means the benefits nominated by the employee from the benefits provided by the
school and listed in paragraph (c) of subclause (iv) of this clause.
(b) "Benefit
Value" means the amount specified by the school as the cost to the school
of the Benefit provided, including Fringe Benefit Tax, if any.
(c) "Fringe
Benefit tax" means tax imposed by the Fringe Benefits Tax Act 1986.
(iii) Conditions of
Employment
Except as provided by this clause, employees must be
employed at a salary based on a rate of pay, and otherwise on terms and
conditions, not less than those prescribed by this award.
(iv) Salary
Packaging
The school may offer to provide and the employee may
agree in writing to accept:
(a) the Benefits
nominated by the employee; and
(b) a salary equal
to the difference between the benefit value and the salary which would have
applied to the employee or under subclause (iii) of this clause, in the absence
of an agreement under this subclause.
(c) The available
benefits are those made available by the school from the following list:
(1) superannuation;
(2) childcare
provided by the school;
(3) other benefits
offered by the school.
(d) The school
must advise the employee in writing of the benefit value before the agreement
is entered into.
(v) During the
currency of an agreement under subclause (iv) of this clause:
(a) Any employee
who takes paid leave on full pay shall receive the benefits and salary referred
to in paragraphs (a) and (b) of subclause (iv) of this clause.
(b) If 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:
(1) the benefits;
and
(2) an amount of
salary calculated by applying the formula:
A = S x P%
- [(100% - P%) x B], where:
S = the salary determined by paragraph (b) of subclause
(iv) of this clause.
P = the percentage of salary payable during the leave.
B = benefit value.
A = amount of salary.
(d) Any other
payment under this award, calculated by reference to the employee's salary,
however described, and payable:
(1) during
employment; or
(2) on termination
of employment in respect of untaken paid leave; or
(3) on death,
shall be at the rate of pay which would have applied to
the employee under subclause (iii) of this clause, in the absence of an
agreement under paragraphs (a) and (b) of subclause (iv) of this clause.
21. Savings Clause
This award is made on the understanding that the salaries
and conditions existing for employees at the date on which this award takes
effect shall not be reduced merely as a consequence of the coming into
operation of this award.
22. 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.
23. Area, Incidence
and Duration
(i) This award
shall apply to all persons of the classes herein provided for, employed in
boarding houses conducted by or on behalf of non-government schools including
the independent schools listed below but excluding all Catholic schools not
listed.
Chevalier College, Bowral;
Kincoppal - Rose Bay School;
Loreto College, Normanhurst;
St Ignatius College, Riverview;
St Stanislaus College, Bathurst;
St Vincent’s College, Potts Point.
Provided further that this award shall not apply to
employees covered by:
(1) Teachers
(Independent Schools) (State) Award and employed as a teacher by that employer.
(2) Miscellaneous
Workers - Independent Schools and Colleges, &c. (State) Award.
(3) The Royal New
South Wales Institute for Deaf and Blind Children Employees' (State) Award.
(4) Social and
Community Services Employees (State) Award.
And provided further this award shall not apply to:
(a) Members of a
recognised religious order and/or Clerks in Holy Orders and/or Ministers of
Religion [including a Minister/Teacher or a Missionary/Teacher who is a member
of the Seventh Day Adventist Church and who is employed in a boarding school
operated by a local Conference of the Australasian Division of the Seventh Day
Adventist Church], provided that application may be made on behalf of any such
member to be included within the scope of this award.
(b) Students
primarily enrolled and undertaking a study at a university or a college of
TAFE, who are provided with board and lodging without charge by an employer
covered by this award and who are rostered to work not more than 80 hours per
four weeks.
(c) Persons who
are in full-time employment elsewhere other than at the school and are provided
with board and lodging without charge seven days per week by an employer
covered by this award and who are rostered to work not more than 80 hours per
four weeks.
(d) G A P students
who are gaining experience under a "school to school interchange
programme" with an employer covered by this award.
(ii) This award
rescinds and replaces the Boarding House Staff (Independent Schools) (State)
Award 2004 published 15 April 2005 (350 I.G. 157) and all variations thereof.
(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
Level
|
From the first full
pay
|
From the first full
pay
|
From the first full
pay
|
From the 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
|
|
$
|
$
|
$
|
$
|
|
(4%)
|
(4%)
|
(4%)
|
(4%)
|
1
|
37,746
|
39,256
|
40,826
|
42,459
|
2
|
41,030
|
42,671
|
44,378
|
46,153
|
3
|
44,311
|
46,084
|
47,927
|
49,844
|
4
|
49,234
|
51,203
|
53,251
|
55,381
|
Table 2 - Other
Rates and Allowances
Item No
|
Clause No
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
18 (i)(b)
|
Own Car Allowance
|
|
|
|
- for a vehicle 1500cc or under
|
98.32 per week
|
|
|
- for a vehicle over 1500cc
|
121.54 per week
|
2
|
18 (i)(c)
|
Own Car Allowance for use on a casual
|
|
|
|
or incidental basis
|
0.58 per km
|
Table 3 - First
Aid Allowance
|
Rates effect. from
|
Rates effect. from
|
Rates effect. from
|
Rates effect. from
|
|
the first full pay
|
the first full pay
|
the first full pay
|
the 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
|
|
$
|
$
|
$
|
$
|
|
4%
|
4%
|
4%
|
4%
|
First Aid and
|
|
|
|
|
Medication
|
$4.41 per day
|
$4.59 per day
|
$4.77 per day
|
$4.96 per day
|
Allowance
|
|
|
|
|
Clause 18 (ii)
|
$22.06 per week
|
$22.94 per week
|
$23.86 per week
|
$24.82 per week
|
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.
5.1.4 Where an
employee is subject to a reduction of working hours of 6 or more hours per
fortnight, the reduction will be treated as a partial redundancy. A pro rata payment will be made in
accordance with the severance payments set out in paragraphs 5.1.1 and 5.1.2
above.
5.2 Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 5.1.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in subclause 5.1
above will have on the employer.
5.3 Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 5.1 if
the employer obtains acceptable alternative employment for an employee.
ATTACHMENT A
SETTLEMENT
PROCEDURE:
AGREEMENT BETWEEN
THE AIS AND THE IEU
1. UNDERLYING
PRINCIPLES
The Association of Independent Schools and the New
South Wales Independent Education Union each has responsibilities toward their
respective members which are recognised and respected. The two organisations also have a number of
interests in common. These include the
recognition and acceptance of the following:
A. The quality and
public perception of independent schooling is of significance and both
recognise that there is mutual responsibility to protect, promote, develop and
enhance this sector of schooling in New South Wales.
B. There is
mutual benefit to their memberships in there being a working relationship
between the two organisations which is built on professional attitudes and
clearly established and recognised procedures.
C. The
individuality and authority of each independent school, as well as the
individuality and rights of each staff member.
D. The attitudes
and interests in common include:
(i) An interest
in helping to maintain a working environment in which quality education can be
provided in a manner consistent with the school's aims and objectives and its
philosophy.
(ii) A common view
that quality education is most likely to be provided where there is
recognition, encouragement and support for the professional attitudes, rights
and growth of staff members as well as for their personal needs and
developments and the industrial rights of all parties.
E. The right of
employee(s) and the employer(s) to seek assistance and advice from their
respective associations.
2. OPERATIONAL
PROCEDURES BETWEEN THE AIS AND THE IEU
The right of each organisation to deal with its members
as it sees fit notwithstanding, it is agreed that the following will be the
general principles upon which each organisation will approach the attempts to
resolve difficulties that have not been resolved by direct discussion between
the employer and employee concerned.
A. Both
organisations recognise that it is generally preferable for perceived problems
to be discussed between the staff member and the Principal of the school
concerned with a view to resolving the matter and that it is only when the
normal employer/employee process does not achieve a mutually satisfactory
result that it is appropriate for the matter to be discussed formally between
the AIS and the IEU. This does not
preclude earlier informal discussions where appropriate nor does it preclude
discussion between the IEU and its members in a school as to the most
appropriate method of resolving a problem.
B. The IEU
undertakes to refer to the AIS matters in which it seeks information from an
independent school or to discuss the matters that are of concern to its members
and to do this wherever possible before encouraging school staff and IEU
chapters to pass resolutions about the matter.
C. The AIS
undertakes to respond by seeking discussions with the school to ascertain its
wishes as to how (and where necessary, through whom) it wishes to proceed in
dealing with the matter and to advise the IEU of the school's decision.
D. The steps that
will then follow will be determined to suit the particular matter but in
general can be expected to be as follows:
(i) The AIS and
IEU will discuss the matter with a view to:
(a) identifying
the facts of the matter to ensure that it is not misunderstandings that have
created the problem;
(b) clarifying the
issues and wishes of each of those involved;
(c) exploring the
options that appear to be available;
(d) where
possible, assisting the parties to arrive at a mutually satisfactory solution;
(e) nothing in the
above diminishes the right of either party to refer any matter to the
Industrial Relations Commission of New South Wales.
E. As a general
rule the school, the employee, the AIS and the IEU will maintain
confidentiality to ensure that the dignity of the employee, the school and its
personnel are maintained wherever possible.
The AIS and IEU will, where deemed advisable, prepare
sufficient documents to confirm the agreement and assist in its implementation.
M.
SCHMIDT J
____________________
Printed by
the authority of the Industrial Registrar.