CATHOLIC SCHOOLS LONG SERVICE LEAVE PORTABILITY (STATE) AWARD

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Independent Education Union, industrial organisation of employees.

 

(No. IRC 7028 of 2004)

 

 

AWARD

 

PART A

 

1.  Award Title

 

This Award shall be known as the Catholic Schools Long Service Leave Portability (State) Award.

 

2.  Arrangement

 

The Award is arranged as follows:

 

PART A

 

Clause No.          Subject Matter

 

1.         Award Title

2.         Arrangement

3.         Area and Incidence

4.         Date of Operation

5          Objective

6.         Definitions

7.         Long Service Leave Portability

8.         Administrative Arrangements

9.         Grievance and Disputes Settling Procedures

 

PART B

 

Annexure A - Parties to the Award

Annexure B - One Year Barrier

Annexure C - Five Year Barrier

Annexure D - One Year Barrier

Annexure E - Agreement and Application to Transfer Long Service Leave

Annexure F - Employee Information Sheet

 

3.  Area and Incidence

 

3.1        This Award shall apply to:

 

3.1.1     The employers listed in Annexure A; and

 

3.1.2     Any person employed in a Catholic school listed in Annexure A or in a Catholic school, Catholic Education Office or Catholic Schools Office operated by an employer listed in Annexure A:

 

3.1.2.1              whose employment is terminated with an employer; and

 

3.1.2.2              who is subsequently employed by a new employer after 28 January 2005; and

 

3.1.2.3              who qualifies to transfer his or her long service leave entitlement from one employer to another employer under this Award.

 

4.  Date of Operation

 

This Award shall take effect on and from 28 January 2005 and shall remain in force until 27 January 2007.

 

5.  Objective

 

The principal object of this Award is to provide for the portability of long service leave to employees engaged in Catholic Education Offices, Catholic Schools Offices, together with employees employed in schools of the organisations listed in Annexure A under defined employment circumstances ("continuous" service).  Service shall be deemed to be continuous when an employee terminates employment with a participating employer and shortly thereafter commences employment with another participating employer (refer clause 7, Long Service Leave Portability).

 

6.  Definitions

 

For the purpose of this Award:

 

(i)         "Employer" means any Catholic Diocesan System or Catholic Independent School listed in Annexure A to this Award.

 

(ii)        "Former Employer" means any employer listed in Annexure A to this Award on the day of an employee’s last termination of employment.

 

(iii)       "New Employer" means any employer listed in Annexure A to this Award immediately following an employee’s last termination of employment.

 

(iv)       "Service" means service as an adult within the terms of the Long Service Leave Act 1955 (NSW), as applicable as at the date of this Award.

 

(v)        "Employee" means any person employed in a Catholic school listed in Annexure A or in a Catholic school, Catholic Education Office or Catholic Schools Office operated by an employer listed in Annexure A and who is eligible to be enrolled as a member of the Independent Education Union of New South Wales.

 

(vi)       "Union" means the New South Wales Independent Education Union and the New South Wales/Australian Capital Territory branch of the associated Federal Union and the New South Wales Local Government, Clerical, Administrative, Energy, Airlines & Utilities Union.

 

7.  Long Service Leave Portability

 

7.1        Entitlement to long service leave shall be in accordance with the provisions of the Long Service Leave Act 1955 (NSW), any applicable awards, enterprise agreement and any enterprise agreement (including any amendments or replacements of the legislation or industrial instruments) that applies to any employer.

 

7.2        Continuous service with an employer as at the operative date of this Award shall be recognised by another employer for the purpose of this Award, provided that:

 

7.2.1     The employee has completed an initial qualifying period (the "Initial Qualifying Period") of:

 

7.2.1.1              at least one year of continuous service with a participating employer listed in Annexure B; or

 

7.2.1.2              at least five years of continuous service with a participating employer listed in Annexure C; or

 

7.2.1.3              at least one year of continuous service as at 30 January 2006 with a participating employer listed in Annexure D.

 

7.2.2     An employee shall only be entitled to the portability of his or her long service leave where he or she commences employment with a new employer and no more than the equivalent of two full school terms have elapsed between ceasing employment with the former employer and commencing employment with a new employer.

 

7.2.3     Service prior to the Initial Qualifying Period shall not be counted for the purpose of calculating long service leave entitlements in accordance with paragraph 7.2.2 of this clause.

 

7.3        Notwithstanding an employee may have taken all or part of their accrued long service leave with their former employer or may have been paid out on termination all or part of their long service leave by their former employer, the employee’s period of continuous service with the former employer shall be recognised by the new employer for the purposes of calculating any entitlement to long service leave.

 

7.4.       Prior service shall be recognised by the new employer on the understanding that the employee is not entitled to take or be paid long service leave which they have already taken or been paid by their former employer.

 

7.5        Notwithstanding the provisions of subclause 7.2 of this clause, where the former employer has a different rate of accumulation of long service leave to the new employer, the following will occur:

 

7.5.1     Service with the former employer will be recognised as service with the new employer; and

 

7.5.2     The accrued entitlement to long service leave recognised by the new employer will be that which the employee had accrued at the date of ceasing employment with the former employer.

 

8.  Administrative Arrangements

 

8.1        Upon notification of termination the employer will provide eligible employees with the following documentation:

 

8.1.1     Prescribed form as set out in Annexure E;

 

8.1.2     Information sheet as set out in Annexure F;

 

8.1.3     Details of the employee's long service leave entitlements (refer paragraphs 8.5.1 to 8.5.6 of this clause.)

 

8.2        An employee who is eligible to an entitlement to long service leave and/or has completed an initial qualifying period and terminates his or her services with an employer, and accepts a position as an employee with a new employer, may elect to make an application in accordance with this clause.

 

8.3        The employee shall make an application in accordance with this Award in the prescribed form as specified in Annexure F and submit it to the new employer within 14 days of commencing duties as an employee with the new employer.

 

8.4        The new employer shall forward the completed application to the former employer.

 

8.5        On receipt of an application, the former employer shall advise the new employer of the following details in relation to the applicant:

 

8.5.1     The period of service with the former employer;

 

8.5.2     Details of other periods of service with any other employer (the details of which shall be supplied by the employee to the former employer);

 

8.5.3     Details of the calculation of the monetary entitlement which is to be made in recognition of continuous service (including the ordinary rate of pay with the former employer);

 

8.5.4     The date of termination of employment;

 

8.5.5     Details of past long service leave taken by the employee; and

 

8.5.6     The number of weeks' long service leave accumulated by the employee on termination and the employee's full-time equivalent load on termination.

 

8.6        The former employer shall remit, within three months of the termination of employment of the employee as specified in paragraph 8.5.4 of this clause, the value of the monetary entitlement as specified in paragraph 8.5.3 of this clause to the new employer.

 

8.7        The former employer will advise the new employer and the employee when the transfer has been effected.

 

9.  Grievance and Disputes Settling Procedures

 

9.1        Procedures relating to grievances of individual employees:

 

9.1.1     The employee shall notify (in writing or otherwise) the employer as to the substance of the grievance, request a meeting with the employer and state the remedy sought.

 

9.1.2     A grievance must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

9.1.3     Reasonable time limits must be allowed for discussion at each level of authority.

 

9.1.4     At the conclusion of the discussion, the employer must provide a response to the employee's grievance, if the matter has not been resolved, including reasons for not implementing any proposed remedy.

 

9.1.5     While a procedure is being followed, normal work must continue.

 

9.1.6     The employee may be represented by a nominated representative (including the Union) for the purpose of each procedure.

 

9.2        Procedures relating to disputes between employer(s) and employees:

 

9.2.1     A question, dispute or difficulty must initially be dealt with as close to its source as possible, with graduated steps for further discussion and resolution at higher levels of authority.

 

9.2.2     Reasonable time limits must be allowed for discussion at each level of authority.

 

9.2.3     While a procedure is being followed, normal work must continue.

 

9.2.4     The employer may be represented by an employer representative and the employees may be represented by a nominated representative (including the Union).

 

PART B

 

ANNEXURE A

 

PARTIES TO THE AWARD

 

 

ANNEXURE B

 

ONE YEAR BARRIER

 

 

ANNEXURE C

 

FIVE YEAR BARRIER

 

 

*Note: In respect of service after 30 January 2006, Boys’ Town, Engadine and St. Mary Star of the Sea College, Wollongong are Annexure D employers (One Year Barrier).

 

ANNEXURE D

 

ONE YEAR BARRIER

 

 

ANNEXURE E

 

AGREEMENT AND APPLICATION TO TRANSFER LONG SERVICE LEAVE ENTITLEMENTS AND ELIGIBLE SERVICE IN ACCORDANCE WITH THE CATHOLIC SCHOOLS LONG SERVICE LEAVE PORTABILITY (STATE) AWARD

 

Within 14 days of commencing duties as an employee with the New Employer, the employee shall complete Part One of this form and forward/give this form to the New Employer.  The New Employer shall complete Part Two, retain a copy, and forward the form to the Former Employer.

 

PART ONE

 

(To be completed by the employee)

 

1.

I,

was until

employed at

School/College by

(Former Employer)

2.

As from

I have been/will be employed by

(New Employer)

at

School/College

 

3.          I apply for portability of long service leave entitlements and recognition of eligible service in accordance with subclause 8.2 of the Catholic Schools Long Service Leave Portability (State) Award.

 

4.          I agree that all amounts of leave which may be due to me pursuant to the Long Service Leave Act 1955 (NSW) (the "Act"), the Award or any enterprise agreement may be remitted to my New Employer and I AUTHORISE AND DIRECT my Former Employer to remit such amounts to my New Employer.

 

5.          In consideration of the payment of the said amount to the New Employer:

 

(a)        I RELEASE AND DISCHARGE my Former Employer from all actions, claims, proceedings and demands of whatsoever nature arising from any amounts which my Former Employer would have been required to pay me under the Act, the Award/Enterprise Agreement or any enterprise agreement but for this agreement and I indemnify and agree to keep indemnified my Former Employer from all such actions, claims, proceedings or demands.

 

(b)        I AGREE that no long service leave shall be given to me or payment made in lieu thereof until such time as I become entitled to the said leave or payment by virtue of the provisions of the Act, the Award/Enterprise Agreement or any enterprise agreement or the Catholic Schools Long Service Leave Portability Award or as agreed between the New Employer and myself.

 

Dated this		day of		20
Signed
Address

 

PART TWO (To be completed by the New Employer)

 

I,		for and on behalf of

 

with full authority to act on behalf of the New Employer in this regard, in consideration of the employee agreeing to employment by the New Employer and in consideration of the payment to the New Employer of the long service leave payments in respect of the New Employee do AGREE and UNDERTAKE to give to the New Employee any long service leave (or payments in lieu of long service leave) which he/she may be entitled under the Act, the Award/Enterprise Agreement or any enterprise agreement and the agreement, notwithstanding that the New Employer may no longer be a party to the agreement at the time such leave or payment becomes due.

 

Dated this

day of

20

 

For and on behalf of the New Employer

 

ANNEXURE F

 

EMPLOYEE INFORMATION SHEET

 

The Catholic Schools Long Service Leave Portability Award (the "Award") has been developed as a benefit to be provided to employees of participating New South Wales Catholic Diocesan Authorities and participating Catholic Independent School Authorities in recognition of the significant contribution made by these employees in advancing the mission of the Catholic Church in the area of Catholic education.

 

A participating New South Wales Catholic Diocesan Authority or participating Catholic Independent School Authority means any participating employer listed in Annexure A to the Award.

 

Employees of participating Catholic Schools are entitled under the Award to transfer their long service leave entitlements when they terminate their employment with one participating employer and become employed by another participating employer in the capacity of principal, teacher, adviser or non-teacher within a period not exceeding the equivalent of two school terms.

 

At the time of an employee’s termination, the employee’s employer shall provide them with the following documents if they have met the qualifying period, being at least _____ year(s) of continuous service:

 

1.          Application to transfer long service leave entitlements; and

 

2.          Details of long service leave entitlements.

 

An employee is required to apply for the transfer of long service leave entitlement and for the recognition of eligible service by completing the form which is attached (Annexure D) and providing it to their new employer within 14 days of the commencement of their duties.

 

An employee who has made application for the transfer of their long service leave entitlements and for the recognition of eligible service will receive correspondence from their new employer to inform them that those entitlements have been transferred to them on their behalf and that such entitlements will continue to accrue in accordance with the Award under which the employee is engaged.

 

 

 

M. SCHMIDT  J.

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.