Maintenance,
Outdoor and Other 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 - CONDITIONS
Clause No. Subject Matter
1. Arrangement
2. Definitions
3. Wages
4. Classifications
5. Allowances
6. Payment
of Wages
7. Contract
of Employment
7A. Secure Employment
8. Hours
9. Overtime
10. Meal and
Rest Breaks
11. Sick Leave
12. Public
Holidays
13. Annual
Leave and Payment on Termination
14. Annual
Leave Loading
15. Long
Service Leave
16. Parental
Leave
17. Carer’s
Leave
18. Bereavement
Leave
19. Jury Service
20. Other
Conditions
21. Superannuation
22. Remuneration
Package
23. Suspension
24. Disputes
Procedure
25. Apprenticeship
Trades
26. Board and
Lodging
27. Anti-Discrimination
28. Savings
Clause
29. Exemptions
30. No Extra
Claims
31. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
Table 2 (a) - First Aid Allowance23
PART C - REDUNDANCY
2. Definitions
(a) "Award"
means the Maintenance, Outdoor and Other Staff (Independent Schools) (State)
Award 2007.
(b) "Basic
Earnings" means the minimum rate of pay prescribed for the employee by
this award.
(c) "Bus
Driver" means an employee who is employed primarily for the purpose of
driving school buses.
(d) "Employer"
means the employer of an employee to whom this award applies.
(e) "Employee"
means an employee whose principal duties are the maintenance of buildings,
plant and equipment; or the preparation and upkeep of grounds, or employment in
a school canteen or uniform shop; or driving a school bus or other similar
duties as directed by the employer.
(f) "Full-time
Employee" means an employee who is employed to work 38 hours per week.
(g) "Part-time
Employee" means an employee who works a constant number of ordinary hours
each week less than 38 hours per week.
(h) "Casual
Employee" means an employee engaged and paid as such.
(i) "Temporary
Employee" means an employee employed to work full-time or part-time for a
period not to exceed 12 months.
(j) "Union"
means the New South Wales Independent Education Union and the Australian
Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers
Division, New South Wales Branch.
(k) "Funds"
mean either:
(i) the New South
Wales Non-Government Schools Superannuation Fund; or
(ii) 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
(a) The minimum
weekly rate of pay for employees shall, subject to the other provisions of this
award, be calculated by dividing the rates as set out in Table 1 - wage Rates,
of Part B, Monetary Rates, by 52.14.
(b) Any increases
in the minimum rates of payment as set out in the said Table 1, are fully
absorbable into any payment that an employee receives in excess of the rates
set out in the said Table 1 at the applicable time. This clause does not override any above award clause specifically
mentioned in an employee’s letter of appointment.
Without affecting the generality of the foregoing:
(i) where an
employee is receiving higher wages than prescribed by this award, the employee
shall not, as a right, be entitled to receive the benefit of any change in an
award wage until the award wage is higher than that received by the employee;
and
(ii) amounts paid
above the minimum award rate (i.e. "margins") may be absorbed in
variations to the minimum award rates as and when the variations occur.
(c) The rates of
payment in the said Table 1 of this award are inclusive of any increases
pursuant to State Wage Case decisions as at the date of this award and during
the nominal term of this award.
(d) 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 (a) of this clause) for the level at
which they are employed for a minimum of three hours each start, except as
otherwise provided for in subclause 8(d), Bus Drivers.
(e) Casual
Employees -
Casual employees shall be paid:
(i) for each hour
worked during ordinary time, one thirty-eighth of the minimum weekly rate (as
calculated in accordance with subclause (a) of this clause) for the level at
which they are employed; plus
(ii) 20% of that
amount (inclusive of payment in lieu of annual holidays required to be paid under
the Annual Holidays Act 1944 and in compensation for the casual employee
not having access to benefits such as sick leave and redundancy pay);
for a minimum of three hours each start.
(f) The hourly
rates for part-time and casual employees shall be calculated to the nearest
whole cent, any amount less than half a cent in the result to be disregarded.
4. Classifications
(a) Levels
Level 1 - General Hand -
A General Hand position is one where the employee:
(i) requires no
previous experience and uses a limited range of skills;
(ii) undertakes
routine or repetitive duties involving the application of standard procedures
which require the use of some discretion; and
(iii) works under
close supervision, either individually or as a member of a team.
Without limiting the foregoing, a General Hand may be
required to perform the following indicative duties:
(a) general
labouring tasks;
(b) general
gardening tasks including preparation of grounds and planting procedures;
(c) responsibility
for horticultural duties in areas such as sports playing fields, garden
maintenance and foliage control at a level not considered to be at trade
qualified level;
(d) general ground,
plant and building maintenance and operation requiring the application of
specific skills;
(e) moving
equipment or furniture;
(f) purchasing and
stock control duties, including receipt, ordering and inventory control of
goods;
(g) handling,
storing an distributing goods and materials;
(h) completion of
basic stock control documentation;
(i) duties of
canteen assistant or uniform shop assistant;
(j) general care
and driving of school vehicles.
Level 2 - Qualified Trade -
A Qualified Trade position is one where the employee:
(i) holds trade
qualifications or other qualifications or experience recognised by the employer
as equivalent;
(ii) receives
limited instructions regarding work assignments and usually works without
supervision;
(iii) is regularly
required to exercise independent initiative and judgement; and
(iv) may supervise
one or two employees in a section of the school or college.
Without limiting the foregoing an employee in a
Qualified Trade position may be required to perform the following indicative
duties:
general maintenance work which may include the use of
trade accredited skills in areas such as carpentry, plumbing or electrical
services;
the control and responsibility for the maintenance of
gardens and/or sports grounds which may include the use of accredited trade
skills in areas such as horticulture, gardening or the maintenance of sports
grounds; or
responsibility for the operation of the school canteen
or uniform shop, including supervision of assistants or volunteers.
Level 3 - Supervisor -
A Supervisor’s position is one where the employee:
(i) requires
minimal instruction in the performance of their duties;
(ii) exercises
substantial responsibility and independent initiative and judgement with a
detailed knowledge of workplace procedures and of the employer’s business;
(iii) has the
responsibility for supervision, training and coordination of staff,
responsibility for their efficient allocation and control, in one or more
sections of the school or college; and
(iv) is required to
have undertaken and completed post secondary training provided by any accredited
training provider relevant to the tasks required by the employer for this
Level, or has engaged in extensive equivalent in service training, or has
significant and substantial technical and procedural knowledge which is
regarded by the employer to be equivalent to the required post secondary
training.
(b) Progression -
Level 1 - General Hand Employees
Level 1 employees shall progress to the next step
within the Level on completion of one year of full-time service or the part
time or casual equivalent providing their performance is considered to be
satisfactory.
(c) Promotion -
(i) An employee
will only progress to a position at a higher classification where:
(A) an employee is
required on a regular basis to perform duties appropriate to a higher
classification; or
(B) a position at
the higher classification is vacant; and
(C) the employee
has the appropriate skills and qualifications for that position.
(Notation: For
the avoidance of doubt, under this clause an employee will not automatically be
appointed to a position in a higher classification. An employee will be entitled to apply for a position at a higher
classification and will be considered with other applicants for such a position
(both internal and external) as appropriate.
By way of example, if an employee in a General Hand position gains a
trade or other qualifications (or has trade or other qualifications) but the
position to which the employee is appointed is a General Hand position, the
employee will not be reclassified simply by virtue of his or her
qualifications).
(ii) An employee
classified as a General Hand may apply for promotion to the Level 2 - Qualified
Trade classification where such employee can demonstrate that he/she performs
duties at a level equal to that of a trade qualified employee, irrespective of
whether or not such employee actually holds trade qualifications. Where the employee’s regular duties require
and involve the use of trade accredited skills, the employer shall not
unreasonably withhold approval of such promotion. Any such promotion shall take effect from the date of the
application. The provisions of this
paragraph shall not affect the right of an employee to apply for promotion
pursuant to the provisions of paragraph (i) of this subclause.
(d) Higher Duties
(Temporary)
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.
(e) Apprentices -
The minimum rates of wages for four year apprentices shall be:
Percentage of Qualified Trade Rate
|
|
1st year
|
50
|
2nd year
|
65
|
3rd year
|
75
|
4th year
|
90
|
Adult apprenticeships 21 years of age and over shall
commence and remain at the second year rate for two years, except existing
employees of an employer who undertake adult apprenticeships or traineeships
shall not suffer a reduction in their ordinary time earnings by virtue of
becoming an adult apprentice or trainee.
5. Allowances
(a) 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.
(b) Travelling
Expenses -
When an employee, in the course of his or her duty, is
required by the employer to travel to any place away from their usual place of
employment, the employee shall be reimbursed for reasonable expenses actually
incurred. Where possible, such expenses
shall be approved in advance.
(c) Vehicle
Allowance -
(i) An employee
is required by the employer to use his or her own motor vehicle for the purpose
of carrying out his or her duties because the employer does not provide that
motor vehicle, shall be paid an amount as set out in Item 2 of the said Table
2.
(ii) An employee
is required by the employer to use his or her own motor vehicle on a casual or
incidental basis, shall be paid the rate set by Item 3 of the said Table 2 for
such use.
(d) First-aid
An employee who has been trained to render first-aid
and who is the current holder of appropriate first-aid qualifications, such as
a certificate from the St John Ambulance or similar body, may be appointed by
the employer to perform first-aid duties.
An employee so appointed shall be paid an allowance as set by Table 2
(a) First-aid Allowance of Part B Monetary Rates.
(e) Uniform
In the event of an employee being required to wear a
uniform, such uniform shall be provided by the employer and laundered at the
employer’s expense or, by mutual agreement, such employee shall be paid an
amount per week as set out in Item 4 of Table 2.
(f) Broken Shifts
Bus Drivers working a broken shift as provided in
clause 8, Hours (d) shall be paid for each broken shift so worked - a shift
allowance as set out in Table 2, Other Rates and Allowances per day extra.
(g) Excess fares
allowance
Bus Drivers working a broken shift as provided in
clause 8, Hours (d) shall be paid at the rate as set out in Table 2, Other
Rates and Allowances per day extra.
Provided that the excess fares allowance shall not be
payable to a Bus Driver whose break between shifts is less than two and
one-half hours inclusive of meal breaks or to a Bus Driver who is permitted to
drive the bus home during the break between shifts.
6. Payment of Wages
(a) The wages
payable to an employee, other than a casual employee, shall be payable at the
employer’s discretion either fortnightly or half-monthly. Where an employee was, prior to the
commencement of this award, paid on a weekly basis, the employer shall not
change the frequency of payment without at least four weeks written notice to
the employee.
(b) 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.
(c) The employer
may elect to stand down an employee in accordance with subclause (e) of clause
7, Contract of Employment, or to average the employee’s payment of wages over
the year.
(d) When the
employer elects to average the employee’s payment of wages in accordance with
subclause (c) of this clause, the rates will be paid in equal instalments
throughout the year. The following formula
shall be used to determine the appropriate weekly rate:
N + 11
|
X
|
Annual rate of
salary
|
240
|
52.14
|
Where:
N = The
number of days the employee will be required to work each year.
Provided that:
(i) the number of
days worked excludes public holidays; and
(ii) 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 (i.e., the number of
weeks per year the employee will be required to work multiplied by five). However, it is then necessary to convert the
averaged weekly full-time salary to a part-time basis.
(For example: To calculate the averaged salary for a
Level 3 employee who works three days per week for 38 weeks per year, the
correct value for N is 190 (i.e, 38 x 5) less any public holidays which fall
within the weeks the employee is deemed to work. If it is assumed that one such public holiday falls within the
period worked by the employee, the value of N becomes 189 (i.e, 190-1). The calculation would then proceed as
follows:
189+11
|
x
|
$39,820
|
(Level 3 Annual Salary)
|
240
|
|
52.14
|
|
= $636.43 per week
(Averaged weekly full time salary)
|
To convert to a part time weekly rate:
$636.43
|
=
|
$16.75 per hour
|
38
|
|
|
$16.75 x 24 (i.e. 3 days x 8 hours) =
$402.00 per week
|
Therefore, the part-time averaged annual salary in this
example is $402.00 per week.]
(e) The rate of
pay of an employee determined by paragraph (ii) of this clause, shall be the
appropriate rate for all purposes.
However, such rate shall not be used in the calculation of casual or
overtime rates of pay which may be payable to the employee.
(f) An employee
whose salary is averaged according to the formula in subclause (d) and who
works additional hours ordinary hours, which are not specifically accounted for
in the application of the formula in subclause (d) (ii), shall have those
additional hours paid at the casual rate.
7. Contract of
Employment
(a) Employees
covered by this award shall perform all work within their skill and competence
including work which is incidental or peripheral to their main tasks or
functions.
(b) Letter of
Appointment -
On appointment, the employer shall provide full-time
and part-time employees with a letter of appointment setting out the following:
(i) the
classification and rate of pay of the employee;
(ii) the number of
hours to be worked each week and the number of weeks to be worked throughout
the year.
(iii) a statement
in relation to superannuation entitlements as required by subclause (b) of
clause 21, Superannuation; and
(iv) whether the
rate of pay is payable during term time only or throughout the year in
accordance with subclause (c) of clause 6, Payment of Wages.
(v) All employees
may be employed for a probationary period not to exceed three months. This probationary period will only apply if
the employer has advised the employee at the time of offer of appointment of
the fact and length of the probationary period. During any probation period that applies an employee shall be
advised on an ongoing basis of any concerns of the employer in relation to the
employee’s performance and the steps taken by the employee in sufficient time
for the employee to address these concerns.
(c) Notice of
Termination -
(i) The
employment of an employee other than a casual may be terminated by either the
employer or the employee by notice given at any time and as specified in this
clause, or by payment or forfeiture of the equivalent pay in lieu of notice as
the case may be:
Period of Continuous Service
|
Period of Notice
|
|
|
Up to and including one month
|
1 week
|
More than one month
|
2 weeks
|
(ii) The period of
notice in paragraph (i) of subclause (c) does not apply in the case of:
(A) dismissal for
conduct that justifies instant dismissal, including refusal or neglect of duty,
or misconduct; or
(B) casual
employees.
(iii) The
employment of a casual employee may be terminated at any time by one day’s
notice.
(d) 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.
(e) Pupil Vacation
Periods -
(i) 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 for 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 which the employee normally works.
(ii) Where the
employment of an employee is terminated by the employer in accordance with the
provisions of subclause (c), Notice of Termination 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. Any period of stand down for any employee
who is so re-employed shall not count as qualifying service for the purpose of
such Act.
(iii) In accordance
with the employee’s letter of offer 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; provided that such eight week’s notice shall not be required if any
change to the days required to be worked during pupil vacation periods is by
mutual agreement between the employer and the employee.
(iv) An employee
required to work as outlined in subclause (iii) (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 clause 6. Payment of Wages (d).
(v) An employee
not stood down during school vacation periods prior to the making of this award
shall not be stood down after the making of this award except by agreement.
(f) Redundancy
The provisions of Part C shall apply as a minimum
entitlement in cases of redundancy.
7A. Secure Employment
(a) 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.
(b) Casual
Conversion
(i) 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.
(ii) 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.
(iii) Any casual
employee who has a right to elect under paragraph (b)(i), upon receiving notice
under paragraph (b)(ii) 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.
(iv) 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.
(v) 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.
(vi) 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 (b)(iii), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (b)(iii), discuss and agree upon:
(A) whether the
employee will convert to full-time or part-time employment; and
(B) 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.
(vii) Following an
agreement being reached pursuant to paragraph (vi), 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.
(viii) An employee
must not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(c) Occupational
Health and Safety
(i) For the
purposes of this subclause, the following definitions shall apply:
(A) 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.
(B) 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.
(ii) 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):
(A) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(B) 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;
(C) 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
(D) 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.
(iii) Nothing in
this subclause (c) 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.
(d) 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.
(e) 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.
8. Hours
(a) Notice of
Hours -
The employer shall fix the employee’s ordinary hours of
work and the ordinary time of meal breaks 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.
(b) Ordinary Hours
-
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, provided that
work performed up to 12 noon on Saturday only on essential watering duties or
marking playing field areas which cannot be performed Monday to Friday may be
regarded as ordinary hours if the employee is allowed, without loss of pay,
equivalent time off during the following week, provided that there must be
mutual agreement as to when such time off will be taken.
(c) 38 hour week -
(i) Subject to
paragraphs (ii), (iii), and (iv) of this clause, the ordinary hours of work of
an employee shall be worked over five days.
(ii) Provided that
where an employer has reached agreement in relation to rostered days of in
accordance with clause 7 of the Miscellaneous Workers’ - Independent Schools
and Colleges, &c. (State) Award
made on 19 August, 1994 (IRC 1808 of 1993) the rights and obligations of employees employed by that employer at the
date of commencement of this award will remain unchanged.
(iii) 19 Day Month
-
Provided also that an employer and an employee may
agree that the ordinary hours of work provided by this clause will be worked as
a 19-day month, in which case the following provisions shall apply:
(A) The employee
shall work 152 hours over 19 days in each four week period with one rostered
day off on full pay in each such period.
(B) The employee
shall accrue 24 minutes for each eight hour shift or eight hour day worked by
the employee to give the employee an entitlement to take a rostered day off.
(C) Each day of
paid leave taken by the employee (including annual leave, but not including long
service leave or any period of stand down as provided in subclause ( c) of
clause 6, Payment of Wages) and any public holiday occurring during any cycle
of four weeks shall be regarded as a day worked for the purpose of accruing an
entitlement under paragraph (B) of this subclause.
(D) Rostered days
off shall not be regarded as part of the employee’s annual leave for any
purpose.
(E) Notwithstanding
any other provisions of this clause, the employee shall not be entitled to more
than 12 paid rostered days off in any 12 months of consecutive employment.
(F) An employee who
is scheduled to take a rostered day off before having worked a complete four
week cycle shall be paid a pro rata amount for the time that the employee has
accrued in accordance with the said paragraph (B) for each day worked by the
employee in the cycle.
(G) An employee
whose employment is terminated in the course of a four week cycle shall be paid
a pro rata amount for the time accrued by the employee in accordance with the
said paragraph (B) for each day worked by the employee in the cycle.
(H) Rostered days
off shall be scheduled by mutual agreement between the employee and the
employer.
(I) The employee
shall be advised by the employer at least four weeks in advance of the day on
which the employee is to be rostered off duty.
(J) The employee
may, with the agreement of the employer, substitute the day on which the
employee is scheduled to be rostered off duty for another day.
(K) If an employee
is rostered off duty on the day which coincides with the employee's normal pay
day, the employee shall be paid no later than the working day immediately
following their rostered day off.
(L) If an
employee's rostered day off falls on a public holiday, an alternative rostered
day off shall be observed to be fixed by mutual agreement between the employee
and the employer.
(M) An employee
required to work on their rostered day off shall be paid in accordance with the
provisions of clause 9, Overtime, and shall also receive another rostered day
off in lieu.
(N) Employees are
not eligible for sick leave in respect of absences on rostered days off.
(iv) Any Other
Method -
Provided also that an employer may apply any other
method of implementing the ordinary hours of work provided by this clause on
the understanding that the employer reaches agreement with an employee. This may include an accrual of RDO's to be
taken during any unpaid stand down period subject to subclause (c) of clause 7
Contract of Employment.
(d) Bus Drivers
(i) A bus driver
may be engaged to work a broken shift pursuant to the provisions of this
subclause.
(ii) Where a bus
driver works a broken shift on any given day, the bus driver shall be entitled
to a minimum payment of two (2) hours pay for each start, provided that the bus
driver shall not be required to work more than two (2) shifts as part of the
broken shift arrangement. Where a bus driver works a broken shift he/she shall
be paid the allowances set out in subclauses (f) and (g) of Clause 5 as
applicable.
(iii) In the event
that a bus driver starts work only once in a given day, that bus driver shall
be entitled to a minimum payment of three (3) hours pay for that start.
9. Overtime
(a) Subject to the
provisions of subclause (d) of this clause an employer may require an employee
to work reasonable overtime at overtime rates, or as otherwise provided for in
subclauses 9 (b) and 17.4 of this award.
All work done outside ordinary hours may be dealt with in accordance
with subclause (b) of this clause provided that where under that subclause
payment is made for such overtime, the rate of pay shall be time and one-half
for the first two hours and double time thereafter. In computing overtime, each day shall stand alone.
All overtime worked by an employee between midnight
Friday and midnight Sunday shall be paid at the rate of double time for a
minimum of three hours.
(b) Time off in
lieu of overtime -
Where an employee has performed duty on overtime, the
employee may take time off in lieu of payment for overtime 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:
(i) There is
agreement between the employer and employee.
(ii) The time off
in lieu must be taken within four weeks of the end of the week in which the
overtime was worked. Where such time
off is not given or taken within this period it shall be paid for at the
appropriate overtime rate.
(iii) An employee
may not accumulate more than 20 hours to be taken as time off in lieu of
overtime payment. Any overtime in
excess of 20 hours must be paid for at the appropriate overtime rate.
(iv) 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.
(c) Call Back -
An employee required to attend the employer's premises
for a reason other than carrying out rostered duties after leaving the place of
employment (whether notified before or after leaving the place of employment)
shall be paid a minimum of two hours pay at the appropriate rate for each such
attendance, provided that the attendance is not continuous with completion of
ordinary working hours. The taking of a
meal break shall not of itself mean that the duty is not continuous. Provided that a bus driver who normally
works a broken shift who is called back to school to drive the bus during the
break in that shift shall be paid for a minimum of two hours.
(d) 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.
(e) For the
purposes of subclause 9 (d) what is unreasonable or otherwise will be
determined having regard to:
(i) any risk to
employee health or safety;
(ii) the
employee’s personal circumstances including any family and carer
responsibilities;
(iii) the needs of
the workplace or enterprise;
(iv) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(v) any other
relevant matter.
Notation: The employers and the Union are of the view
that where hours are varied in accordance with clause 8 (a) such hours cannot
properly be regarded as overtime.
10. Meal and Rest
Breaks
(a) 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 6.30 pm. This meal break shall be at a time mutually
agreed upon between the employer and employee.
The meal break shall not be at the end of a shift.
(b) All employees
shall be allowed a rest break of ten minutes daily and this break shall be
counted as time worked. The rest break
shall not be taken at the beginning or end of a shift, nor immediately before
or after a meal break.
11. Sick Leave
(a) An employee,
other than a casual employee, who is unable to attend for duty during ordinary
working hours by reason of personal illness or incapacity not due to the
employee's own serious or wilful misconduct, shall be entitled to be paid at
the ordinary time rate of pay for the time of such non-attendance subject to
the following conditions and limitations:
(i) 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.
(ii) The employee
shall be entitled to ten days sick leave per year of service on full pay.
Provided that the payment for any absence on sick leave in accordance with this
clause within the first three months of employment with the employer may be
withheld by the employer until the employee completes such three months'
employment at which time the payment shall be made.
(iii) The employee
shall notify the Principal of the school, or other such person deputised by the
Principal, of the general nature of the injury or illness and the estimated
duration of the absence, where practicable, prior to the commencement of the
first organised school activity on that day and in any case within 24 hours of
the commencement of such absence.
(iv) The employee
shall provide to the employer such evidence as the employer or school medical
officer may request 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.
(v) Where a single
day absence occurs before or after a public holiday or a rostered day off, the
employee shall supply a medical certificate to the employer.
(vi) Where the
employer has reasonable grounds to believe that the employee may be absent for
a reason or reasons other than illness or incapacity the employer may require
the employee to be examined by a medical practitioner nominated by the employer
(at the employer's expense) to substantiate eligibility for sick leave. Alternatively the employer may have a
medical practitioner nominated by the employer contact the employee's treating
doctor and require the employee to advise the employee's treating doctor to
provide information to substantiate eligibility for sick leave. No other information shall be provided by
the medical practitioner to the employer unless specifically authorised by the
employee.
An employee who refuses to be examined by a medical
practitioner or who refuses to direct his or her treating doctor to provide
information to the medical practitioner without reasonable cause shall not be
entitled to paid sick leave.
Provided that the employer shall not utilise this
provision except as follows:
The direction to the employee shall be in writing,
signed by the Principal, and shall refer to the provisions of this award clause
and shall nominate the reasonable grounds for the view of the employer that the
employee is absent for reason other than illness or incapacity. Such direction must be received by the
employee in sufficient time for the employee to reasonably comply with the
direction.
(b) Accumulation
of Sick Leave -
Sick leave not taken in a year shall accumulate from
year to year and may be taken, provided that current sick leave entitlements
have been exhausted, in accordance with the conditions set out in sub-clause
(a). Sick leave will accumulate indefinitely. Service before the first full pay
period commencing on or after 1 April 2007 will be taken into account in
determining for the purpose of calculating sick leave accumulation in
accordance with the award or any agreement applying to that employee prior to
that date.
(c) Definition of
Day -
For the purposes of this clause 'day' means the number
of hours which the employee would have worked on that day if not absent.
(d) 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; provided that this provision will not
apply to employees whose salary has been averaged according to clause 6,
Payment of Wages (d) and to whom extra hours worked have been are remunerated
at the casual rate as provided for in clause 6, Payment of Wages (f), and
clause 7, Contract of Employment, (e) (iv).
12. Public Holidays
(a) Subject to
subclauses (b) and (c) of this clause, the days on which the following holidays
are observed shall be holidays, namely; New Years 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 whole 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.
(b) 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
which he or she normally works.
(c) All time
worked on a public holiday or additional holiday in subclause (a) 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.
13. Annual Leave
& Payment on Termination
(a) 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. For the avoidance of doubt, this clause applies to all such
employees including those employees who are stood down for some period during a
year without pay.
(b) Where an
employee whose employment ceases is paid in accordance with subclause (c) of
clause 6, 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 (c) of clause 6,
Payment of Wages, then the employee shall be paid on termination the difference
between the averaged amount paid and such higher amount.
For the purposes of this subclause "school service
date" means the usual date of commencement of employment at a school in
each year.
14. Annual Leave
Loading
(a) In this clause
the Annual Holidays Act 1944 is referred to as "the Act".
(b) 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 annual holiday wholly or partly in advance, see
subclause (f) of this clause.)
(c) 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.
(d) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes entitled under the Act, where such a holiday is given and
taken in separate periods, then in relation to each such separate period.
(Note: - See subclause (f) of this clause, as to
holidays taken wholly or partly in advance).
(e) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (d) 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.
(f)
(i) 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 (e) of this clause, applying the
award rates of wages payable on that day.
(ii) Notwithstanding
the provisions of paragraph (i) 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.
(g)
(i) 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 (e) of this clause for the period not taken.
(ii) Except as
provided in paragraph (i) of this subclause, no loading is payable on the
termination of an employee's employment.
(Note: This means that no loading is payable when an
employee resigns).
15. 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 April 2007 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 April 2007; and
(b) an amount
calculated on the basis of the provisions of this clause from 1 April 2007.
(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.
16. Parental Leave
(a) Maternity
Leave
(i) Subject to
subparagraph (iii) of this paragraph, an employee who takes unpaid maternity
leave of at least 12 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 after 1 April 2007 shall be twelve
weeks, provided that an employee who commences maternity leave prior to 1 April
2007, shall be entitled to nine weeks leave.
(iii) Where an
employee give birth to a second and subsequent child following an earlier
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) or this
sub-clause. 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, or
(C) if the employee
requests, the payment may be paid at half pay for a period of 24 weeks.
(vi) The school
must pay the first or lump sum payments at the pay period commencing closet to:
(A) six weeks before
the anticipated date of birth, or
(B) if birth occurs
before the time referred to in paragraph (A) of this subclause, the date of the
birth; or
(C) if the employee
has not commenced maternity leave at the time referred to in the said paragraph
(A), when the employee commences leave.
(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
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 in relation to Maternity, Paternity and Adoption
Leave.
(b) Paternity
Leave
(i) An employee
who takes paternity leave on or after 1 April 2007 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 17 of this award (NB: spouse means a spouse as
defined in Clause 17 Carer's Leave). Provided that prior to 1 April 2007, an
employee shall be entitled to one day’s leave with pay on the date of the birth
of his child or on the day on which the child’s mother leaves hospital following
the birth.
(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).
17. Carer's Leave
17.1 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 11, Sick Leave 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 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.
17.2 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
17.1 of this clause who is ill or who requires care due to an unexpected
emergency.
17.3 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.
17.4 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.
17.5 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.
17.6 Carer’s
Entitlement for casual employees
(a) Subject to the
evidentiary and notice requirements in paragraphs (b) and (d) of subclause 17.1
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 17.1 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.
18. Bereavement Leave
(a) An employee
shall, on the death of a parent-in-law or on the death of a member of the
employee's immediate family or household, as defined in subparagraph (ii) of
paragraph (c) of subclause 17, Carer’s Leave, be entitled to leave up to and
including the day of the funeral of such person. 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.
(b) The rights to
such paid leave shall be dependent on compliance with the following conditions:
(i) satisfactory
evidence of such death shall be furnished by the employee to the employer; and
(ii) 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.
(c) Bereavement
leave may be taken in conjunction with other leave available under subclauses
17.2, 17.3, 17.4 and 17.5 of the said clause 17. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the school.
(d) Bereavement
entitlements for casual employees
(i) Subject to
the evidentiary and notice requirements in subparagraph (b)(i) 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 17.1 of clause 17 Carer’s Leave.
(ii) 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.
(iii) 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.
19. Jury Service
An employee, other than a casual employee, required to
attend for jury service during the employee's ordinary working hours shall be
reimbursed by the employer an amount equal to the difference between the amount
paid in respect of the employee's attendance for such jury service and the
amount of wages the employee would have received in respect of the ordinary
time the employee would have worked had the employee not been on jury service.
An employee shall notify the employer as soon as possible of
the date upon which the employee is required to attend for jury service. Further, the employee shall give the
employer proof of attendance, the
duration of such attendance and the amount received in respect of such jury
service.
20. Other Conditions
(a) Employees
shall be supplied with facilities for the heating of water and food.
(b) Accommodation
for Meals -
Employers shall allow employees to partake of their
meals, crib breaks or tea breaks in a suitable place protected from the weather
and every such employee shall leave such place in a thoroughly clean condition.
(c) Dressing
Accommodation -
Where it is necessary or customary for employees to
change their dress or uniform, suitable dressing rooms and dressing
accommodation and individual lockable lockers shall be provided.
(d) Where
employees are required to use chemicals or other injurious substances, they
shall be supplied with overalls or lab coats, serviceable rubber gloves, rubber
boots and masks free of charge.
Protective clothing, uniforms, rubber gloves and rubber boots supplied
pursuant to this award shall remain the property of the employer and shall be
returned upon termination of employment.
(e) 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.
(f) All
materials, equipment, etc required for cleaning purposes shall be supplied by
the employer.
21. Superannuation
(a) Fund -
The New South Wales Non-Government Schools
Superannuation Fund shall be made available by each employer to each employee.
(b) Benefits -
(i) Except as
provided in paragraphs (iii), (iv) and (vi) 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.
(ii) Subject to
paragraph (iv) 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.
(iii) 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.
(iv) Contributions
shall commence to be paid from the beginning of the first pay period commencing
on or after 1 July 1988, or from the beginning of the first pay period
commencing on or after the employee's date of engagement, whichever is later.
Provided that if the employee has not applied to join a
fund within six weeks of 1 July 1988 (in the case of an employee employed at 1
July 1988) or within six weeks of the employee's date of engagement (in the
case of an employee who is employed after 1 July 1988), 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.
(v) The employee
shall advise the employer in writing of the employee's application to join a
fund pursuant to this award.
(vi) An employer
shall make contributions pursuant to this award in respect of:
(A) casual employees
who earn in excess of $2,274.00 during their employment with that employer in
the course of any year, running from 1 July
to the following 30 June (all such casual employees are hereinafter
called "qualified employee"); and
(B) 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.
(vii) 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.
(viii) 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 (iv) of this subclause in the case of an employee other than a
casual employee, and paragraph (vi) in the case of a casual employee.
(c) Transfer
Between Funds -
If an employee is eligible to belong to more than one
fund, the employee shall be entitled to notify the employer that the employee
wishes the employer to pay contributions in respect of the employee to a new
fund but shall not be entitled to do so within three years after the
notification made by the employee pursuant to paragraph (v) of subclause (b),
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:
(i) of the
employee's application to join the other fund; and
(ii) 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.
(d) Explanatory
Clause
The figure which appears in subparagraph (A) of
paragraph (vi) of subclause (b) of this clause is calculated by the following
formula:
General Hand casual hourly rate of pay (including pro
rata annual leave) x 152, or $2,274.00, whichever is the greater.
22. Remuneration
Package
(a) 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.
(b) For the
purpose of this clause:
(i) "Benefits"
means the benefits nominated by the employee from the benefits provided by the
school and listed in paragraph (iii) of subclause (d) of this clause.
(ii) "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.
(iii) "Fringe
Benefit Tax" means tax imposed by the Fringe Benefits Tax Act 1986.
(c) 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.
(d) Salary
Packaging
The school may offer to provide and the employee may
agree in writing to accept:
(i) the Benefits
nominated by the employee; and
(ii) a salary
equal to the difference between the Benefit Value and the salary which would
have applied to the employee or under subclause (c) of this clause, in the
absence of an agreement under this subclause.
(iii) The available
Benefits are those made available by the school from the following list:
(A) superannuation;
(B) child care
provided by the school;
(C) other benefits
offered by the school.
(iv) The school
must advise the employee in writing of the Benefit Value before the agreement
is entered into.
(e) During the
currency of an agreement under subclause (d) of this clause:
(i) Any employee
who takes paid leave on full pay shall receive the Benefits and salary referred
to in paragraphs (i) and (ii) of subclause (d) of this clause.
(ii) If a employee
takes leave without pay, the employee will not be entitled to any Benefits
during the period of leave.
(iii) 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 (ii) of
subclause (d) of this clause.
P = the percentage of salary payable during the leave.
B = Benefit Value.
A = Amount of salary.
(iv) 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 (c) of this clause, in the absence of an agreement
under paragraphs (i) and (ii) of subclause (d) of this clause.
23. Suspension
Notwithstanding any of the provisions of this award, an
employer may suspend an employee with or without pay while considering any
matter which in the view of the employer could lead to the employee's summary
dismissal. Suspension without pay shall
not be implemented by the employer without prior discussion with the employee
(and would normally follow a period of suspension with pay) and shall not,
except with the employee's consent, exceed a period of four weeks.
24. Disputes
Procedure
(a) 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.
(b) 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.
(c) 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 where relevant.
(d) Should the
matter still not be resolved, it may be referred by either party to the
Industrial Relations Commission of New South Wales for conciliation.
25. Apprenticeship Trades
(a) Apprentices
may be indentured to a school as gardeners in the industry of this award
subject to the provisions of the Industrial and Commercial Training Act
1989.
(b) Limitation of
Overtime
(i) No apprentice
under the age of 18 years shall be required to work overtime unless he/she so
desires.
(ii) No apprentice
except in an emergency, shall work or be required to work overtime at times
which would prevent his/her attendance at technical college as required by any
statute, award or regulation applicable to the apprentice.
26. Board and Lodging
An employer shall not be compelled to board and/or lodge any
worker but where board and/or lodgings are provided the employer shall be
entitled to deduct in respect of all workers the following amounts:
(a) For full board
of 21 meals per week - an amount equal to 18.5% of the adult basic wage.
(b) For full
lodging for seven days per week - an amount equal to 7% of the adult basic
wage.
(c) Where, by
mutual consent, part board and/or lodgings are provided, the deductions
referred to in subclauses (a) and (b) of this clause, may be made on a pro rata
basis. Non-resident employees shall not
suffer any deduction for meals provided unless by mutual consent.
27.
Anti-Discrimination
(a) It is the
intention of the parties bound by this award to seek to achieve the object in
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.
(b) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable steps
to ensure that the operation of the provisions 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.
(c) 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.
(d) Nothing in
this clause is to be taken to affect:
(i) any conduct
or act which is specifically exempted from anti-discrimination legislation;
(ii) offering or
providing junior rates of pay to persons under 21 years of age;
(iii) any act or
practice of a body established to propagate religion which is exempted under
section 56 (d) of the Anti-Discrimination Act 1977;
(iv) a party to
this award from pursuing matters of unlawful discrimination in any State or Federal
jurisdiction.
This clause does not create legal rights or obligations
in addition to those imposed upon the parties by legislation referred to in
this clause.
28. Savings Clause
(a) No employee
shall suffer a reduction in the salary enjoyed by that employee as a result of
the implementation of this award.
(b) An employee's
conditions of employment, other than those provided in this award, shall not be
altered as consequence of the introduction of this award.
29. Exemptions
An employee who is in receipt of a salary 10 per cent in
excess of the rate applying from time to time for the Level 3 - Supervisor
grade as set out in Table 1, Wage Rates of Part B, Monetary Rates, shall not be
entitled to the benefits of clause 8, Hours, clause 9, Overtime, clause 10,
Meal and Rest Breaks.
30. 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.
31. Area, Incidence
and Duration
(a) This award
replaces the Maintenance, Outdoor and Other Staff (Independent Schools) (State)
Award 2004, published 11 February 2005 (348 I.G. 406) and all variations
thereof in so far as that award applies to employees covered under this award
employed by an employer bound by this award.
(b) Subject to
paragraph (c) this award shall apply to all employees as defined in clause 2,
Definitions but shall not apply to:
(i) employees
employed in a clerical or administrative capacity or as school assistants
pursuant to the School Support Staff (Independent Schools) (State) Award 2004,
published 15 April 2005, (350 I.G. 175).
(ii) persons
employed as teachers;
(iii) persons
employed as a cleaner, a catering employee, or in a boarding school as a
housekeeper, security employee, laundry employee, or domestic employee;
(iv) employees of
any cleaning, catering, security, laundry, gardening, building or domestic
services contractor.
(c) This award
shall apply to recognised independent schools registered under the provisions
of the Education Act 2000 including the independent schools listed
below:
Loreto Convent Kirribilli, St Ignatius College, St
Stanislaus College, Kincoppal Rose Bay, and St Vincents College.
but excluding all other Catholic schools.
(d) This award
shall take effect from 16 February, 2007 and shall remain in force until 15
February 2010.
PART B
MONETARY RATES
Minimum Rates of
Pay
Table 1 - Wage
Rates
Adult Basic
Wage: $121.40 per week
Classification
|
From the first
|
From the first
|
From the first
|
From the
|
|
full pay period
|
full pay period
|
full pay period
|
first full pay
|
|
on or after
|
on or after
|
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%
|
|
$
|
$
|
$
|
$
|
Level 1 - General Hand
|
|
|
|
|
Step 1
|
34,041
|
35,403
|
36,819
|
38,292
|
Step 2
|
35,362
|
36,776
|
38,247
|
39,777
|
Step 3
|
36,709
|
38,177
|
39,704
|
41,292
|
Level 2 - Qualified
|
|
|
|
|
Trade
|
38,120
|
39,645
|
41,231
|
42,880
|
Level 3 - Supervisor
|
39,820
|
41,412
|
43,069
|
44,792
|
|
Percentage of
Qualified Trade
|
Apprentices
|
Rate of Pay for
|
|
Level 3
|
1st Year
|
50
|
2nd Year
|
65
|
3rd Year
|
75
|
4th Year
|
90
|
Table 2 - Other
Rates and Allowances
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
$
|
1
|
5 (a)
|
Meal Allowance - Overtime
|
$12.14
|
2
|
5 (c) (i)
|
Own Car Allowance for vehicle 1500 cc or under for
|
$98.32 per week
|
|
|
vehicle over 1500 cc
|
$121.54 per week
|
3
|
5 (c) (ii)
|
Own Car Allowance for use on casual or incidental basis
|
0.58c per km
|
|
|
|
|
4
|
5 (e)
|
Laundering Allowance
|
$7.52 per week
|
|
|
Uniforms
|
$1.50 per shift
|
5
|
5 (f)
|
Broken Shift Allowance (Bus Drivers)
|
$5.37 per day
|
|
|
|
$26.85 per week
|
6
|
5 (g)
|
Excess Fares Allowance (Bus Drivers)
|
$3.22 per day
|
|
|
|
$16.10 per week
|
Table 2 (a) -
First-Aid Allowance
|
Rates effective
|
Rates effective
|
Rates effective
|
Rates effective
|
|
from the first full
|
from the first full
|
from the first full
|
from the first full
|
|
pay period
|
pay period
|
pay period
|
pay period
|
|
on or after
|
on or after
|
on or after
|
on or after
|
|
1 April 2007
|
1 February 2008
|
1 February 200
|
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 5(d))
|
$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.
5.2 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.
M.
SCHMIDT J
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Printed by
the authority of the Industrial Registrar.