SDN Children's Services (Inc) Early Childhood Long Day Care Centres (State) Award

 

INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

 

Application by New South Wales Independent Education Union, Industrial Organisation of Employees.

 

(No. IRC 1686 of 2006)

 

 

AWARD

 

Arrangement

 

Part A

 

Clause No.         Subject Matter

 

1.         Title

2.         Definitions

3.         Rates of Pay

4.         Shift Work

5.         Payment of Salary

6.         Overpayment

7.         Travelling Allowance

8.         Hours of Work

9.         Duties & Responsibilities of Employees

10.       In-Service &c.

11.       Preparation Time

12.       Development Appraisal

13.       Career Opportunities

14.       Annual Leave

15.       Annual Leave Loading

16.       Public Holidays

17.       Sick Leave

18.       Personal Carers Leave

19.       Long Service Leave

20.       Parental Leave

21.       Bereavement Leave

22.       Other Leave

23.       Anti Discrimination

24.       Union Representatives

25.       Terms of Engagement and Information to be Provided to Employees

26.       Job Share

27.       Redundancy

28.       Superannuation

29.       Disputes Procedures

30.       Area Incidence and Duration

 

PART B

 

MONETARY RATES

 

Table 1 -  Rates of Pay

Table 2 - Centre Manager's Allowances

Table 3 - Teacher in Charge Allowances

Table 4 - Other Rates and Allowances

 

PART C

 

REDUNDANCY

 

Attachment A - Record of Casual Employment

 

1.  Title

 

This award shall be know as the SDN Children’s Services Inc. Early Childhood Long Day Care Centres (State) Award.

 

2.  Definitions

 

(a)        "Centre" means an early childhood services centre licensed by the Department of Community Services, and conducted by the Employer, which provides child care and/or educational development programmes and/or services for children under school age, over a period of eight hours or more a day and for not less than 48 weeks per annum.

 

(b)        "Centre Manager" means a person appointed as such by the Employer who is an "Early Childhood Teacher", as defined, who is responsible to the employer for the direct supervision of other employees on days when the Centre Manager is in attendance and for the day to day management of the centre for five days.

 

(c)        "Teacher Centre Manager" means a person appointed as such by the employer and who is an "Early Childhood Teacher", as defined, who is responsible to the employer for the direct supervision of other employees and/or management of a Centre or Centre and who in addition, is in charge of a group of children.

 

(d)        "Early Childhood Teacher" means a person in a Centre, who is classified as either a Four Year Trained Teacher or a Three Year Trained Teacher, provided that all teachers employed shall be so classified.

 

(e)        "Four Year Trained Teacher" means:-

 

(i)         A person who holds a graduate degree specialising in Early Childhood Education by satisfactorily completing a four year full-time (or part-time equivalent) Teacher training degree course at a recognised University, as defined, or a Recognised Teacher Training Institution, as defined; or

 

(ii)        A person who holds a specialist qualification in Early Childhood Education by satisfactorily completing a three year full-time (or part-time equivalent) Teacher Training specialist Early Childhood course at a recognised University, as defined, or a Recognised Teacher Training Institution, as defined, and who in addition has satisfactorily completed a graduate diploma at Category PGl (19.1) Level, as defined; or graduate diploma in early childhood education from a recognised university, or who has satisfactorily completed at least one year full-time study in early childhood education and course work of a two-year Master’s degree program at a recognised university, or

 

(iii)       A person who has acquired equivalent qualification, as defined; or

 

(iv)       A person who was employed by an employer as a Four Year Trained Teacher at the date of commencement of this award.

 

(f)         "Three Year Trained Teacher" means:

 

(i)         A person who holds a specialist qualification in Early Childhood Education by satisfactorily completing a three year full-time (or part-time equivalent) Teacher Training course at a recognised Teacher Training Institution, as defined; or

 

(ii)        A person who holds a qualification in Early Childhood Education by satisfactorily completing a two year full-time (or part-time equivalent) Teacher Training course and who, in addition, has satisfactorily completed the Category UG2 level, as defined, leading to the award in Early Childhood Education; or

 

(iii)       A person who holds a degree from a Recognised University, as defined, or a Recognised Teacher Training Institution, as defined, and who in addition has satisfactorily completed a graduate diploma in Early Childhood Studies at Category PGl (19.1) Level, as defined;

 

(iv)       A person who has acquired equivalent qualification, as defined; or

 

(v)        A person who was employed by an employer as a Three Year Trained Teacher as at the date of commencement of this award.

 

(g)        "Full-time Teacher" means any Early Childhood Teacher engaged as such who is not a Part-Time or Casual Teacher.

 

(h)        "Part-time Teacher" means an Early Childhood Teacher who is engaged to work regularly and not more than 0.8 of the normal hours which a full-time teacher at the Centre is required to work provided that a part-time teacher may work up to 0.9 of the normal hours of a full-time teacher if he or she is entitled to a preparation session equivalent to 0.1 of a teacher's normal hours.

 

(i)         "Casual Teacher" means an Early Childhood Teacher engaged as required by the employer for up to 20 working days in any one period of employment. Provided that the period may be extended as required by the employer if the employer has been notified that the permanent teacher will be absent beyond the twenty day period.

 

(j)         "Temporary Teacher" means an Early Childhood Teacher engaged as a full-time teacher or part-time teacher for a specified period, which is not more than a full year but not less than 20 days.

 

Provided that a teacher may be employed for a specific period in excess of a full year but not more than two full years where such a teacher is replacing a teacher who is on leave for a specified period in excess of a full year.

 

(k)        Temporary Contract Teacher means a teacher who may be employed by SDN Inc. for a specially funded program for a period in excess of one year and may be employed for a period not in excess of the period of the specially funded program.

 

(l)         "Recognised Teacher Training Institution" means an Australian College of Advanced Education, Australian Teachers College or Australian Institute of Education recognised by the Tertiary Education Commission or its successor.

 

(m)       "Recognised University" means an Australian University, which is recognised by the Tertiary Education Commission or its successor.

 

(n)        "Category UG2 Level" means a course of study leading to a Category UG2 Diploma Award specialising in Early Childhood as described in Statement No. 1, Nomenclature and Guidelines for Awards in Advanced Education, August 1972 (as amended), issued by the Australian Council on Awards in Advanced Education, and recognised by the said Council for inclusion in the National Register of Awards in Advanced Education.

 

(o)        "Category PGl (19.1) Level" means a course of study leading to a Category PGl Graduate Diploma specialising in Early Childhood Studies (at the 19.1 level) as described in Statement No. 1, Nomenclature and Guidelines for Awards in Advanced Education, August 1972 (as amended), issued by the Australian Council on Awards in Advanced Education, and recognised by the said Council for inclusion in the National Register of Awards in Advanced Education.

 

(p)        "Employee" means (except in subclause (b) of clause 3, Rates of Pay) an Early Childhood Teacher or a Centre Manager.

 

(q)        "Employer" means SDN Children’s Services Inc. (SDN Inc.)

 

(r)         "Equivalent Qualification" means a qualification obtained from a University or other Tertiary Educational Institution outside Australia, comparable to any of the qualifications referred to in the definitions of Four Year Trained Teacher, or Three Year Trained Teacher and accepted as an equivalent qualification by the Council on Overseas Professional Qualifications, of the Australian Department of Immigration and Ethnic Affairs.

 

(s)        "Shift" means a daily period of work in a Centre or Centres and shall be one of the following:

 

(i)         "afternoon shift" means any shift finishing after 6.30pm and at or before midnight; or

 

(ii)        "night shift" means any shift finishing after midnight and at or before 8.00am or any shift commencing at or after midnight and before 5.00am; or

 

(iii)       "early morning shift" means any shift commencing at or after 5.00am and before 6.00am; or

 

(iv)       "night shift, non-rotating" means any shift system in which night shifts are worked which do not rotate or alternate with another shift so as to give the teacher at least one third of her or his working time off night shift in each roster system.

 

(t)         "Union" means the NSW Independent Education Union (IEU).

 

(u)        "Job Share" means dividing one job so that job share employees have equal status or shared responsibility.

 

(v)        "A Semester Teacher" means a permanent teacher who works 38 hours per week but is employed less then 52 weeks but more than 40 weeks per year but is not a temporary or fixed term employee provided that they are only employed in centres where another permanent full time teacher is employed.  As a permanent employee they shall be entitled to accrue all entitlements of a permanent teacher but in that proportion which the number of weeks worked bear to the weeks which a full time teacher is expected to work (48 weeks).

 

(w)       "Teacher in Charge" means a teacher appointed as such by the employer where the Centre Manager is employed on a part time basis under subclause (h) of Clause 26 Job Share, who is an "Early Childhood Teacher, as defined, who is responsible to the Centre Manager for the day to day management of a centre when the Centre Manager is not in attendance. A teacher in charge shall only be appointed for the length of time that the Centre Manager is appointed as a part time Centre Manager.

 

3.  Rates of Pay

 

(a)

 

(i)         The rates of pay for Three Year Trained Teachers shall be as set out in Table 1 (i) of Part B.

 

(ii)        The rates of pay for Four Year Trained Teachers shall be as set out in Table 1 (ii) of Part B.

 

(iii)

 

(1)        A Three Years Trained Teacher shall commence on Step 1 of the scale and shall  progress according to normal years of full-time service as teacher in early childhood education services for children aged up to 8 years whether conducted by the employer or not, to Step 11 of the scale.

 

(2)        A Four Years Trained Teacher shall commence on Step 1 of the scale and progress, according to normal years of full-time service as a teacher in early childhood education services for children aged up to 8 years whether conducted by the employer or not, to Step 9 of the scale.

 

(iv)       For the purpose of this paragraph, a period of service other than service within sub-paragraph (iii), shall be counted as service in accordance with the following principles:

 

(1)        A period of service as a lecturer in early childhood education or child development, as a child development officer, or as a Family Day Care Co-ordinator or equivalent shall be recognised as service;

 

(2)        A period of service as a carer in the child care industry, including service as a Family Day Care carer, a Child Care Certificate worker or equivalent, and a period of time during the which the employee is wholly engaged in child-rearing, shall be recognised as service at the rate of one increment for each complete three years so engaged to a maximum of four increments.

 

PROVIDED that during the time of child rearing, the teacher was a qualified early childhood teacher.

 

(v)        For the purpose of calculating service in Clause 3(a)(iii) and 3(a)(iv), periods of part-time or casual service shall be aggregated to determine a year of full-time service.

 

(vi)       Where an employee paid in accordance with Clause 3(a)(i) completes a course of training as set out in the definition "Four Year Trained Teacher" he or she shall be transferred to the scale in Clause 3(a)(ii) at the step which shall be determined by the teacher's years of service on the scale in Clause 3(a)(i).

 

(vii)      When an employee is transferred to a higher salary scale in accordance with paragraph (vi) of this subclause, the date of transfer shall be deemed to be the date of completion of formal course requirements, provided that the employee advises the employer of the date of such completion within one month of that date, otherwise the date of transfer shall be deemed to be one month prior to the date on which such advice was furnished by the employee to the employer.

 

(viii)     Upon engagement, an employee shall establish to the satisfaction of the employer his or her service in early childhood education services.

 

(b)        Centre Manager's Loading

 

In addition to the rates prescribed by paragraph (i) and (ii) a Centre Manager shall be paid an amount by way of a fixed loading:-

 

(i)         Where the Centre Manager directly supervises, he/she shall be paid the amount as set out in of Table 2 of Part B.

 

(ii)        Directly supervised employees means all employees in a Centre, for the performance of whose duties the Centre Manager is responsible.

 

(iii)       For the purposes of determining the number of employees directly supervised:

 

The hours worked by each employee whose hours of work are less than 38 hours per week, as at 1 February and 1 August, in each year shall be aggregated and divided by 38 to determine the full time equivalent.

 

(iv)       An employee required by the employer to act as a Centre Manager for a period of at least 10 consecutive days shall be paid the appropriate allowances prescribed by Item 1 of Table 2 of Part B for such period.  Provided that a teacher shall not be required to carry out such duties in an acting capacity for more than a full year except that a teacher may be required to carry out such duties for up to two full years where such a teacher is replacing a Centre Manager who is on leave for a specified period in excess of a full year.

 

(v)        The allowance of an employee who is employed as a part time Centre Manager under subclause (h) of Clause 26 Job Share shall be determined by dividing the annual allowance as determined by paragraph  (I) and (iii) of this subclause by 52.14 to determine a weekly rate and then dividing the weekly rate by 38 to determine a hourly rate and then multiplying the hourly rate so determined by the number of hours that the part time Centre Manager works each week.

 

(c)        Teacher in Charge

 

(i)         A teacher appointed as Teacher in Charge shall be paid in addition to the amounts payable pursuant to sub clause (a) of this clause, an allowance in accordance with Table 3 of Part B.  The level of such allowance shall be determined by reference to the level of allowance paid to the Centre Manager of the centre.

 

(ii)        The allowance of an employee who is employed as a Teacher in Charge under subclause (h) of  Clause 26 Job Share shall be determined by dividing the annual allowance as determined by paragraph  (i) and (iii) of this subclause by 52.14 to determine a weekly rate and then dividing the weekly rate by 38 to determine a hourly rate and then multiplying the hourly rate so determined by the number of hours that the Teacher in Charge works each week.

 

(d)        Casual Employees

 

A casual employee shall be paid a 20% loading in addition to the appropriate daily or half daily or quarter daily rate for his or her classification, up to a maximum of the Fifth Step of the appropriate salary scale.  The rate shall be calculated by dividing the annual rate by 26.07 to obtain a fortnightly rate and the result by 10 to obtain a daily rate, 20 to obtain a half daily rate, and 40 to obtain a quarter daily rate. (see Clause 8 Hours of Work).

 

(e)        Part time Employees

 

(i)         The salary of a part time employee shall be  determined by dividing the annual salary by 52.14 to determine a weekly rate and then dividing the weekly rate by 38 to determine a hourly rate and then multiplying that the hourly rate so determined by the  number of hours that the part time employee works each week.

 

(ii)        The days of attendance of a part-time teacher may be varied at the commencement of each calendar year or by mutual agreement between the employer and the employee with four (4) weeks notice.  The normal weekly hours for the purpose of this sub-clause shall not be varied without agreement.

 

(f)         Temporary Employees

 

A temporary and temporary contract  employee shall receive the ordinary rate of pay prescribed herein for hours worked as either a full-time or part time employee.

 

(g)        Semester Employees

 

A semester employee shall receive the ordinary rate of pay prescribed herein for the number of weeks set out in their letter of appointment.

 

4.  Shift Work

 

(a)        For the purposes only of calculating the loading provided for in this clause:

 

(i)         a weekly rate of pay shall be obtained by dividing the employee's annual salary by 52.14;

 

(ii)        a daily rate of pay shall be obtained by dividing the weekly rate as provided for in paragraph (i) of this subclause, by 5;

 

(iii)       the rate of pay for a casual teacher shall be first calculated in accordance with subclause (c) of clause 3, Rates of Pay, of this award.

 

(b)        In addition to the weekly or daily rate of salary provided for in the said clause 4 a loading shall be payable to an employee required to perform shift work as follows:-

 

(i)         early morning shift - 10%,

 

(ii)        afternoon shift - 15%,

 

(iii)       night shift, rotating with day or afternoon shift - 17.5%;

 

(iv)       night shift, non-rotating - 30%

 

(c)        Where an employee is required to work on Saturday, Sunday or holiday, he or she shall be paid for each such day or shift worked on the following basis:

 

(i)         Saturday - at one and one half times the daily rate of pay as calculated in subclause (a) of this clause;

 

(ii)        Sunday - at double the daily rate of pay as calculated in subclause (a) of this clause;

 

(iii)       Holidays - at two and one half times the daily rate of pay as calculated in subclause (a) of this clause.

 

The payments prescribed by this subclause shall be in substitution for and not cumulative upon the shift loading prescribed in subclause (b) of this clause.

 

5.  Payment of Salary

 

(a)        Salary Shall be Paid Fortnightly.

 

(b)        Notwithstanding clause 3 and 4 and subclause (a) of this clause and by mutual agreement with the employer an employee may elect to receive:

 

(i)         salary sacrificing benefits provided by the employer;

 

(ii)        an amount in salary equal to the difference between salary calculated in accordance with the rates of pay prescribed in this award and the amount specified by the employer from time to time of the salary sacrificing benefit including any fringe benefit tax payable by the employee from the employer.

 

(c)        The employer, in consultation with the employee, may determine the range of salary sacrificing benefits, which are offered to the employee.

 

(d)        The employee may determine, within the sacrificing benefits offered by the employer, the mix and level of such benefits under subclause (b) of this clause.

 

(e)        An employee who takes any paid leave shall receive the benefits and salary in accordance with paragraphs (b) of this clause.

 

(f)         Any other payment calculated by reference to the employee’s salary, and payable:

 

(i)         during employment; or

 

(ii)        on termination of employment in respect of untaken paid leave; or

 

(iii)       on death

 

Shall be at the rate of pay which would have applied to the employee under this award.

 

6.  Overpayment

 

Where excess payments are made in circumstances which were not apparent or could not reasonably have been expected to be detected by the teacher, the relevant parties shall seek agreement on the matter of the overpayment including, when necessary and appropriate, discussion between the IEU and relevant employer representatives.

 

7.  Travelling Allowance

 

(a)        Where an employee is required to use his or her vehicle in connection with employment other than for journeys between home and the centre, the employee shall be paid an amount prescribed of Table 4 of Part B.

 

(b)        Travelling and other out of pocket expenses reasonably incurred by an employee in the course of duties required by the employer shall be reimbursed by the employer.

 

8.  Hours of Work

 

8.1        The ordinary working hours, inclusive of crib breaks taken at the Centre, shall not exceed an average of thirty eight (38) per week between the hours of 6.00am to 6.30pm Monday to Friday to be worked by one of the following methods:

 

(a)        The teacher working in shifts of not more than (8) hours duration

 

(i)         A teacher shall accrue one (1) rostered day off for each twenty (20) days of service.

 

(ii)        Each day of paid leave taken pursuant to this award including each public holiday and the annual holiday (but not including long service leave) shall be regarded as a day worked for accrual purposes.

 

(iii)       Notwithstanding the provisions of paragraph (a) of this subclause a teacher shall be entitled to no more than twelve paid rostered days off in any twelve months of consecutive employment.

 

(iv)      An employee shall accrue one (1) paid rostered day off (RDO) in each 20-day 4-week work cycle to a maximum of 0.4 of one hour for 8 hours duty on each day of attendance.  There shall be a maximum of 12 RDO's in any 12 consecutive months of employment.

 

A teacher shall be entitled to be paid on termination of employment for rostered days off which have been accumulated but not taken or entitlements pursuant to this paragraph at the rate of pay on the date of termination.

 

(v)       A teacher shall not be entitled to sick leave in respect of illness whilst on a rostered day off.  In the event of a rostered day off falling on a public holiday, the teacher and employer shall agree on an alternative day off as a substitute.

 

(b)        By the teacher working in shifts of more than eight ordinary hour one or more days during the work cycle

 

(i)         by the teacher(s) working three 10 hour shifts and one 8 hour shift per week; or

 

(ii)        by the teacher(s) working four 9.5 hour shifts per week; or

 

(iii)       any other shift arrangement whereby an employee works no more than 10 hours per day or 38 hours per week.

 

If the teacher works a shift longer then eight (8) hours the employee shall receive an additional paid crib break of 10 minutes, which shall be taken at a time convenient to the employer.

 

8.2        Method of Implementation

 

The method of implementation of the 38-hour week shall be one of the following, as agreed between the teacher and the employer:-

 

(i)         19-day month - the teacher may fix one workday off in each four-week cycle as a rostered day off to the extent of rostered days off accrued pursuant to subclause (ii) of this clause.

 

(ii)        Accumulation - the teacher may accrue sufficient rostered days off to enable such days to be taken as a block of no more than 5 days at any one time in any 12 months of consecutive employment.

 

(iii)       By teachers working more than 8 hours on 1 or more days of the work cycle.

 

The employer shall make the final determination of the method of implementing the 38 hour week.

 

8.3        Part-time Teachers

 

(i)         Nothing in this clause shall entitle a teacher who works less then 38 hours per week (inclusive of crib breaks) to accumulate rostered days or be paid 5% loading provided that any part time teacher who as at March 24 2006 was either to either accumulate rostered days off or be paid the 5% loading shall continue to do so.

 

(ii)        Part-time or temporary teachers who receive the 5% additional loading under this Clause are employed on the basis of an 8-hour day (or part thereof for part-time teachers).

 

8.4        Casual Teachers

 

(i)         A casual teachers who is paid as a quarter day casual rate shall work up to 1.9 hours per day, a casual who is paid as a half day casual shall work between 2 and up to 3.8 hours per day and casual who is paid by the day shall work no more then 7.6 hours per day.

 

8.5        Rostering

 

(i)         A teacher shall be advised by the employer at least 4 weeks in advance of the day or days on which he or she is to be rostered off duty.

 

(ii)        An individual teacher may, with the agreement of the employer, substitute the day he or she is rostered off duty for another day.

 

8.6        Any dispute in relation to the operation of this clause shall be dealt with pursuant to clause 29 Disputes Procedures.

 

9.  Duties and Responsibilities of Employees

 

(a)        The normal duties of employees shall include the usual duties performed in attendance at the Centre as well as the usual planning, resourcing and extra-curricular activities associated with a Centre including attendance at SDN Children’s Services Inc mangers meetings, center, committee and other relevant meetings.

 

(b)        Employees are responsible for ensuring that they are aware of new developments in early childhood education and that they attend professional development and in-service courses.  Attendance at such courses outside hours of attendance beyond the equivalent of three days attendance as specified in clause 10 at the Centre shall be at the option of the employee.

 

(c)        A Centre Manager shall in addition have responsibility for the security and maintenance of the Centre.

 

10.  In-Service &c.

 

(a)        A full time employee shall be allowed three days paid leave per annum, in lieu of attendance at out of hours in-service,  meetings, parent and centre committee meetings.

 

(b)        The employee shall advise the employer of the nature and duration of the out of hours attendance for the first 16 hours of such out of hours time.  Eight hours of such attendance must be agreed professional development or inservice.  Areas of professional development and inservice will be identified in the development appraisal process.

 

(c)        Part time and semester based employees shall be entitled to a pro rata of 24 hours based on the hours that a part time or semester based employee works as compared to a full time employee and shall be required to advise the employer of the nature and duration of attendance and shall be required to attend agreed professional development and inservice as identified in the developmental appraisal process in direct proportion of  eight hours as their hours of work compare to a full time teacher.

 

(d)        The leave shall be granted and taken on a day or days determined by the employer and mutually convenient to both the employee and the employer.  Part time employees shall be required to take leave in blocks of not less then four hours.

 

(e)        First Aid Leave

 

(i)         Employees shall be required to obtain and maintain an approved first aid certificate.

 

(ii)        Employees will be granted paid leave to attend a first aid course, or when the employee attends the course in their own time, the employee will receive time in lieu at ordinary rate for course attendance time.

 

11.  Preparation Time

 

(a)        The IEU and the employer recognise the value and the necessity to provide preparation time to teachers.

 

(b)        Teachers will be entitled to on average one hour per week for preparation of programs.

 

(c)        Centre Managers will be entitled to 3 hours a week to perform administrative duties related to their role as Centre Manager.

 

(d)        The IEU and the employer parties acknowledge that the employer has been providing in excess of one hour per week prior to this agreement and that the employer has indicated that they will not alter the current practice of preparation time without prior consultation with teachers.

 

12.  Development Appraisal

 

The IEU and the employer recognise the need for teacher appraisal to be part of a teacher’s ongoing professional development in order to ensure that the employer can continue to deliver the highest quality children’s services.

 

Teacher appraisal is part of a teacher's ongoing professional development.

 

THE EMPLOYER will implement development appraisal system that is fair and equitable to all.

 

13.  Career Opportunities

 

Both parties will continue to discuss ways to enhance career opportunities for employees including encouragement of teachers to become Centre Managers and gateways to incremental progression.

 

14.  Annual Leave

 

14.1      An employee, on completion of twelve months’ continuous service, shall be entitled to a minimum of four weeks leave of absence on full pay.

 

14.2      See Annual Holidays Act 1944.

 

14.3      Semester teachers will be entitled to an amount of annual leave calculated as a proportion of the amount of leave that a teacher who works 48 weeks per year as compared to the number of weeks that a semester teacher works.

 

14.4      Semester teachers shall take annual leave during the weeks they are not normally scheduled to work unless the employer and employee agree.

 

15.  Annual Leave Loading

 

15.1      A 17.5 per cent loading shall be payable on four weeks annual holiday when the annual holiday is taken after falling due.

 

15.2      This clause extends to an employee who is given and takes an annual holiday and who would have worked as a shift worker if he or she had not been on holiday; then the amount of loading shall be the amount to which the employee would have been entitled  to by way of shift work allowances and weekend penalty rate for ordinary time (not including time on a public or special holiday) which the employee would have worked during the period of the holiday if the loading calculated in accordance with this subclause exceeds 17.5 per cent then that amount shall be paid to the employee in lieu if the 17.5 per cent loading.

 

15.3      The provisions of this clause shall not apply to casual employees but shall apply to all other employees.

 

16.  Public Holidays

 

16.1      The following days shall be holidays for the purposes of the award: New Years Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's Birthday, Eight Hour Day, Christmas Day, Boxing Day

 

And all days proclaimed as public holidays for the State shall be holidays, provided that any day proclaimed as a holiday for the State for a special purpose but observed throughout the State on different days also shall be a holiday.

 

16.2      Where an employee is required to work on a holiday he or she shall be paid in addition to the employee's ordinary rate of pay at the rate of one and a half times for the time so worked.

 

16.3      An employee absent without leave on the day before or the day after any award holiday shall be liable to forfeit wages for the day of absence as well as for the holiday except where the employer is satisfied that the employee's absence was caused through illness in which case wages shall not be forfeited for the holiday, provided that an employee absent on one day only either before or after a group of holidays shall forfeit wages for one holiday only as well as for the period of absence.

 

17.  Sick Leave

 

17.1      An employee other than a casual employee who is unable due to sickness to attend for duty and subject to the employer being satisfied that the sickness is such that it justifies time off and does not arise from serious misconduct, shall be entitled to ten (10) days paid sick leave for each year of service.

 

17.2      An employee shall not be entitled to sick leave for any period in respect of which the employee is entitled to workers compensation.

 

17.3      An employee shall not be entitled to paid sick leave unless he or she notifies the employer, or such other person deputised by the employer, prior to the commencement of his or her rostered time of the nature of the illness and of the estimated duration of the absence; provided that paid sick leave shall be available if the employee took all reasonable steps to notify the employer or was unable on account of the illness to take such steps.

 

17.4      Other than in respect of the first two days attendance in respect of sickness in any year an employee shall upon request, provide a medical certificate addressed to the employer or if the employer requires to the Centre’s medical officer.  Notwithstanding the foregoing the employer may require other evidence of sickness.

 

17.5      Where an employee is sick on his or her rostered day off, he or she shall not be entitled to sick pay nor will his or her sick leave entitlements be reduced as a result of his or her sickness on that day.

 

17.6      Untaken sick leave shall accumulate from year to year.

 

18.  Personal Carers Leave

 

18.1      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 17 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  who lives with the first mentioned person as the husband or wife of that person on a bona fide domestic basis although not legally married to the person; and

 

(2)        a child or adult child (including an adopted child, a step child, a foster child or an ex-nuptial child), a parent (including a foster parent or legal guardian), grandparent, grandchild or sibling of the employee or spouse of the employee.

 

Note: In the unlikely event that more than 10 days sick leave in any year is to be used for caring purposes the employer and employee shall discuss appropriate arrangements which, as far as practicable, take account of the employer’s and employee’s requirements.

 

Where the parties are unable to reach agreement, the disputes procedure at clause 15 should be followed.

 

(d)        The employee shall not be entitled to paid carer’s leave unless he or she notifies the Employer of the need for carer’s leave and the estimated period of absence at the first available opportunity and where possible, before the shift commences.  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 17 of the award.

 

18.2      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 18.1 of this clause who is ill or who requires care due to an unexpected emergency.

 

18.3      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.

 

18.4      Make-up Time

 

An employee may elect, with the consent of their employer, to work ‘make-up time’, under which the employee takes time off ordinary hours, and works those hours at a later time, during the spread of ordinary hours provided in the award, at the ordinary rate of pay.

 

18.5      Carer’s Entitlement for casual employees

 

(a)        Subject to the requirements in paragraphs 18.1(b) and 18.1(d), casual employees are entitled to not be available to attend work, or to leave work if they need to care for a person prescribed in paragraph (c) of subclause 18.1 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.

 

19.  Long Service Leave

 

See Long Service Leave Act, 1955.

 

20.  Parental Leave

 

20.1      Paternity Leave

 

A teacher shall be entitled to one day's leave with pay on the date of their spouse's confinement or  on the day on which their spouse leaves hospital following her confinement.

 

20.2      Maternity, Adoption Leave

 

(i)         A teacher who takes unpaid maternity/adoption leave under the provisions of the Industrial Relations Act 1996 must be paid under this clause.

 

(ii)        The maternity/adoption allowance in this clause shall be the equivalent if the teacher has completed:

 

1 to 2 years of service	3 weeks
2 to 3 years of service	6 weeks
3 or more years of service	9 weeks

 

(iii)       The teacher must be paid at the rate the teacher was paid at the time of commencing leave including allowances.

 

(iv)       The teacher must be paid:

 

(a)        at the usual times and intervals that other teachers are paid by SDN Inc., or

 

(b)       if the teacher asks two weeks in advance and SDN Inc agrees, in a lump sum.

 

(v)        The employer must pay the first or lump sum payments at the pay period commencing closest to;

 

(a)        six weeks before the anticipated date of birth or adoption; or

 

(b)       if birth occurs before the time referred to in (a), the date of the birth; or

 

(c)        if the teacher has not commenced maternity/ adoption leave at the time referred to in (a), when the teacher commences leave.

 

(vi)       If a teacher'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 teacher is not entitled to the payment;

 

(b)       less than 20 weeks before the anticipated date of birth the teacher is entitled to the payment while he/she remains on leave.

 

(vii)      The period of maternity/adoption leave will not count as a period of service under this award or any statute.

 

(viii)     In addition to the provision of the Industrial Relations Act 1996, Part 4 of Chapter 2 an employee shall be entitled to an additional 52 weeks unpaid leave in connection with the birth or adoption of a child.

 

(ix)       A teacher shall be entitled to return to their place of work provided that if the teacher has requested a job share position, SDN Inc. reserves the right to place the teacher in another centre.

 

20.3      Refer to the Industrial Relations Act 1996 (NSW) The following  provisions shall also apply in addition to those set out in the Industrial Relations Act 1996 (NSW).

 

20.4      An employer must not fail to re-engage a regular casual employee (see section 53(2) of the Act) because:

 

(a)        the employee or employee's spouse is pregnant; or

 

(b)        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.

 

20.5      Right to request

 

(a)        An employee entitled to parental leave may request the employer to allow the employee:

 

(i)         to extend the period of simultaneous unpaid parental leave use up to a maximum of eight weeks;

 

(ii)        to extend the period of unpaid parental leave for a further continuous period of leave not exceeding 12 months;

 

(iii)       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.

 

(b)        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.

 

(c)        Employee’s request and the employer’s decision to be in writing

 

The employee’s request and the employer’s decision made under 20.5 and 20.5 must be recorded in writing.

 

(d)        Request to return to work part-time

 

Where an employee wishes to make a request under 3(a)(iii), such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the employee is due to return to work from parental leave.

 

20.6      Communication during parental leave

 

(a)        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:

 

(i)         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

 

(ii)        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.

 

(b)        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.

 

(c)        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 paragraph (a).

 

21.  Bereavement Leave

 

21.1      An employee other than a casual employee shall be entitled to up to three days bereavement leave without deduction of pay on each occasion of the death of a person prescribed in 21.3 below.

 

21.2      The employee must notify the employer as soon as practicable of the intention to take bereavement Leave and will, if required by the employer, provide to the satisfaction of the employer proof of death.

 

21.3      Bereavement leave shall be available to the employee in respect to the death of a person prescribed for the purposes of Personal/Carer’s leave in subclause 18.1, provided that for the purpose of bereavement leave, the employee need not have been responsible for the care of the person concerned.

 

21.4      An employee shall not be entitled to bereavement leave under this clause during any period in respect of which the employee has been granted other leave.

 

21.5      Bereavement leave may be taken in conjunction with other leave available under subclauses 18.2, 18.3, 18.4 and 18.5 of clause, 18 Personal Carer’s Leave.  In determining such a request the employer will give consideration to the circumstances of the employee and the reasonable operation requirements of the business.

 

21.6      Bereavement entitlements for casual employees

 

(a)        Subject to the evidentiary and notice requirements in 21.2 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 subclause 18.1(e)(ii) of Clause 18 Personal Carers Leave

 

(b)        The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance

 

(c)        An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not engage a casual employee are otherwise not affected.

 

22.  Other Leave

 

22.1      Military Reserve Leave

 

An employee who is a member of the Australian Military Reserve or other Australian military forces shall be granted unpaid leave for the purpose of attending any compulsory camp or posting.

 

22.2      Examination and Study Leave

 

An employee undertaking a course to obtain qualifications prescribed by this Award in respect of his or her employment shall be allowed paid leave of absence on the day of any examination required in the course and/or leave without pay for the purpose of attending compulsory residential school which is part of such course: provided that such leave of absence shall only be approved where a month's prior notice is given to enable alternative staffing arrangements to be effected.

 

22.3      Jury Service

 

(a)        A full time or part time teacher required to attend for jury service during ordinary working hours shall be provided with paid leave for this purpose.  The teacher shall be required to reimburse to the employer any monies payable to the teacher for such attendance (excluding reimbursement of expenses), which required the teacher's absence from work.

 

(b)        The teacher shall notify the employer as soon as possible of the date upon which he or she is required to attend for jury service.  The teacher shall provide to the employer a copy of the summons to attend jury duty and a record of payments received as proof of attendance.

 

22.4      Short Community Service

 

Where a teacher's involvement in a community service activity has been approved by the employer after consideration of the needs of the service, a teacher shall be entitled to paid leave of not more than five days in any school year (unless agreed with the employer) for emergency leave for service to the community.  Examples of purposes for which such leave may be granted include to work in the State Emergency Service or Volunteer Fire Brigade.

 

23.  Anti Discrimination

 

23.1      It is the intention of the parties bound by this award to seek to achieve the objective of section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate discrimination in the workplace.  This includes discrimination on the grounds of race, sex, marital status, disability, homosexuality, transgender identity age and responsibilities as a carer.

 

23.2      It follows that in fulfilling their obligations under the dispute resolution procedure prescribed by this award that parties have obligations to take all reasonable steps to ensure that he operations of this award are not directly or indirectly discriminatory in their effects.  It will be consistent with the fulfilment of these obligations for the parties to make application to vary any provision of the award, which, by its terms or operation, has a direct or indirect discriminatory effect.

 

23.3      Under the Anti Discrimination Act 1977, it is unlawful to victimise an employee because the employee has made or may make or has been involved in a complaint of unlawful discrimination or harassment.

 

23.4      Nothing in this clause is to be taken to affect:

 

Any conduct or act which is specifically exempt for anti discrimination legislation:

 

offering or providing junior rates of pay to persons under 21 years of age;

 

any act or practice of a body established to propagate religion which is exempted under section 56(d) of the Anti-Discrimination Act 1977;

 

a party to this award from pursuing matters of unlawful discrimination on any State or federal jurisdiction.

 

23.5      This clause does not create legal rights or obligations in addition to those imposed upon the parties by the legislation referred to in this clause.

 

24.  Union Representatives

 

(a)        An employer shall permit the Union Representative in the Centre to post Union notices relating to the holding of meetings on a staff room notice board.

 

(b)        The Union representative shall be permitted in working hours to interview the employer on Union business.  Such interview shall take place at a time and place convenient to both parties.

 

(c)        Meetings of union members who are employed at the Centre may be held on the premises at times and places reasonably convenient to both union members and the employer.

 

25.  Terms of Engagement and Information

 

To Be Provided To Employees

 

(a)        The employer shall provide an employee (other than a casual employee) on appointment with a letter stating the classification and rate of salary as at appointment, the period of engagement if a temporary or specified time contract, an outline of the responsibilities of the position that will be required, and an outline of superannuation benefits available provided that the employment of teacher during the first three calendar months shall be probationary.  Either party may terminate the employment during this period with two weeks notice.

 

(b)        An employee shall be entitled to thirty consecutive minutes meal break.  Where a meal is taken at the Centre at the direction of the employer, it shall be counted as time worked.  An employee is not to be required to work for more than five hours without being given the opportunity to take a meal break.

 

(c)        The employment of an employee (other than a temporary or casual employee) shall not be terminated without at least four weeks notice on either side being given or forfeiture of four weeks salary in lieu of notice other than during a probationary period.

 

(d)        The employment of a temporary teacher employed for a period in excess of four weeks shall not be terminated except in accordance with the provisions of subclause (c) of this clause.

 

(e)        The foregoing shall not affect the right of any employer to dismiss summarily any employee for incompetence, misrepresentation, neglect of duty or other misconduct.

 

(f)         The employer may, if the employer deems appropriate, provide a teacher of children with special needs with a letter of appointment which outlines the teacher's hours of attendance, days of attendance, and places of employment which may be varied throughout the period of engagement.  Such variations would occur from time to time with not less than four weeks notice or otherwise by agreement.

 

(g)        Upon the termination of service of an employee other than a casual employee, the employer shall provide a statement of service setting out the length of service, the age of children taught and the positions held by such employee.

 

(h)        Upon request, a casual employee shall be supplied with a statement setting out the number of days of duty undertaken during the period of his or her engagement provided such request is made during or on termination of the casual engagement.

 

(i)         The employer will complete the casual employee’s service card (Attachment "B") after each period of service with the employer.  The Centre Manager will have the authority to sign the card on behalf of the employer to confirm the entry.

 

(j)         Upon request, a casual employee shall be supplied with a statement setting out the number if days of duty undertaken during the period of his or her engagement provided such request is made during or on termination of the casual engagement.

 

(k)        An employer may direct an employee to carry out such duties as are within the limits of the employee's skill, competence and training.

 

26.  Job Share

 

(a)        Job share for employees shall mean dividing the one job so that job share employees have equal responsibility or shared responsibility.

 

(b)        The division of work has to be negotiated and mutually suitable to all parties.

 

(c)        Job share employees are treated as part-time employees and receive pro-rata entitlements.

 

(d)        If a job share employee is ill, or on annual leave or a rostered day off, then the other employee may be offered the day(s) work by the employer.  This work, if accepted, is paid at casual rates.

 

(e)        If a job share employee leaves the employment of the employer, the remaining employee will be offered the residue of employment.

 

If this employee does not wish to accept the residue, or part thereof, then a further job share arrangement or suitable alternative will be negotiated.

 

In the event of such negotiations, the remaining employee will have the option of participating in the selection process.

 

(f)         Adequate opportunities for consultation between job share employees will be provided by the employer.

 

(g)        The employer may determine the number of job share positions in any centre.

 

(h)        Part Time Centre Managers.

 

(i)         Centre Managers cannot apply to job share, however a Centre Manager can apply to work part time.

 

(ii)        Where SDN agrees to a Centre Manager working part time SDN will appoint a teacher in charge on a part time basis who will be responsible for the day to day management of the centre when the Centre Manager is not in attendance.

 

(iii)       At the end of the period of appointment as a part time Centre Manager, SDN will review the position and may agreed to extend such appointment.

 

(iv)       During the period of appointment if the part time Centre Manager’s circumstances changes SDN may terminate the part time Centre Manager position with four weeks notice.

 

(v)        Centre Managers have the right to their former position as a full time Centre Manager when the period of appointment as a part time Centre Manager is terminated.

 

27.  Redundancy

 

See part C of this Award.

 

28.  Superannuation

 

(a)        Definitions

 

For the purpose of this clause:-

 

(i)         "Basic earnings" shall mean:

 

(1)        the rate of salary prescribed from time to time by this award,

 

(2)        the amount of any allowance prescribed from time to time including the allowance payable to a Centre Manager and any shift loading which may be payable pursuant to this award.

 

(ii)        "Employee" means a teacher or Centre Manager, and includes casual, part-time, or temporary employees.

 

(iii)       "Employer" means SDN Children’s Services Inc. (SDN Inc.)

 

(iv)       "HESTA" means the Health Employees Superannuation Trust Australia, established by Trust Deed Articles on 30 July 1987.

 

(v)        "ASSET" means the Australian Superannuation Savings Employment Trust constituted by deed made 14 October 1987.

 

(b)        Fund

 

(i)         For the purposes of this clause contributions made by employers in accordance with the provisions of subclause (c), Benefits, of this clause, shall be as follows:-

 

(1)        the employer shall offer each employee a choice between HESTA or ASSET.

 

(2)        the employee shall nominate the fund into which contributions shall be made.

 

(ii)        Each employer shall become a participating employer in HESTA and /or ASSET in accordance with the choice of employees of the employer.

 

(iii)       Each employer shall become party to HESTA or ASSET upon the acceptance of the respective Trustee of a Deed of Adoption, duly signed and executed by each employer and the respective Trustee.

 

(iv)       An employee shall become eligible to join HESTA or ASSET from the beginning of the first pay period commencing on or after the employee's date of engagement.

 

(c)        Benefits

 

(i)         Except as provided in paragraphs (iii), (iv) and (v) of this subclause, each employer shall, in respect of each employee employed by it, pay contributions to the respective Trustee at the percentage rate as provided by superannuation legislation as amended from time to time the employee's basic earnings.

 

(ii)        Contributions shall be paid at intervals and in accordance with the procedures and subject to the requirements of the respective 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)       Part-time and Casual Employees  -  An employer shall pay contributions pursuant to this clause in respect of a part-time employee employed by him/her if the basic earnings of the employee exceed $200 for that calendar month.

 

An employer shall pay contributions pursuant to this clause in respect of a casual employee employed by him/her for any calendar month in which the basic earnings of the employee exceed $200 for that calendar month.

 

(v)        Where a new employee commences in employment, the employer shall advise the employee in writing of the employee's entitlements under this clause and of the action to be taken by the employee to obtain the benefit of those entitlements.

 

(vi)       Notwithstanding the date upon which an employee signs an Application Form, contributions in accordance with paragraph (i) of this subclause shall be made from the date when the employee became eligible for membership.

 

(d)        Records

 

The employer shall retain all records relating to the calculation of payments due to the fund(s) in respect of each employee and such records shall be retained for a period of six years.

 

(e)        On appointment to SDN Children’s Services Inc., each employee will be given information on each fund.  Such information will be agreed between the parties.

 

29.  Disputes Procedures

 

29.1      The objective of these procedures is the avoidance and resolution of industrial disputation, arising under this award by measures based on consultation, co-operation and negotiation.

 

29.2      Without prejudice to either party, the parties to this award shall ensure the continuation of work in accordance with this award and custom and practice in SDN Children’s Service Inc. centres.

 

29.3      The employer shall adopt disputes procedures to deal with problems in performance of an employee of his or her professional duties.

 

In general, such procedures should include the following elements:

 

(a)        the employee is informed verbally or in writing, as appropriate, of any complaint about, or problems relating to, the performance of his or her duties; and

 

(b)        the employee is assisted to rectify such problems within a specified reasonable time frame.

 

29.4

 

(a)        In the event of any matter arising under the award which is of concern or interest, the teacher shall discuss the matter with the Chief Executive Officer of SDN Inc. or their nominee.

 

(b)        If the matter is not resolved at this level, the teacher may refer the matter to the IEU, who will discuss the matter with the Chief Executive Officer of SDN Inc. or their nominee.

 

(c)        If the matter remains unresolved, it shall be referred to the General Secretary of the IEU or their nominee and the Chief Executive Officer of SDN Inc. or their nominee for discussion and appropriate action.

 

(d)        If the matter cannot be resolved at this level, it may be referred to the Industrial Relations Commission of New South Wales or its successor.

 

29.5      Nothing contained in this procedure shall prevent the General Secretary of the IEU or their nominee or the Chief Executive Officer of SDN Inc. or their nominee from entering into negotiations at any level either at the request of a member or on their own initiative in respect of matters in dispute should such action be considered conducive to achieving resolution of the dispute.

 

30.  Area, Incidence and Duration

 

(a)        This award shall apply to Early Childhood Teachers and Centre Managers, as defined excepting:-

 

(i)         Teachers and Centre Managers employed in pre-schools including pre schools operated by SDN Children’s Services (Inc.) pursuant to the Teachers (Non-Government Pre-Schools)(State) Award.

 

(ii)        Teachers of music or other individual arts who are remunerated on an individual fee basis;

 

(iii)       Members of a recognised religious teaching order and/or Clerks in Holy Orders, and/or Ministers of Religion (including a Minister/Teacher or a Missionary/Teacher who is a member of the Seventh Day Adventist Church and who teaches in a school operated by a local Conference of the Australasian Division of the Seventh Day Adventist Church) provided that application may be made on behalf of any such member to be included within the scope of this award;

 

(iv)       Employees of all city, municipal, shire and council child care centres; and

 

(v)        Employees within the jurisdiction of the Independent Schools and Colleges, Domestic Staff &c (State) and Kindergartens &c (State) Industrial Committee;

 

(b)        This award replaces and rescinds the SDN Children’s Services (Inc) Early Childhood Long Day Care Centres (State) Award published 30 August 2002 (335 I.G.1324 and award review changes made on 26 April 2005.

 

(c)        This award shall take effect from 24 March 2006 and shall remain in force for a period of 3 years.

 

(d)        This award remains in force until varied or rescinded.

 

Part B

 

MONETARY RATES

 

Table 1 - Rates of Pay

 

The following minimum annual salaries shall apply from the beginning of the first full pay period commencing on or after the date specified in each column:

 

 

Table 2 - Centre Manager’s Allowances

 

The following minimum annual salaries shall apply from the beginning of the first full pay period commencing on or after the date specified in each column:

 

 

Table 3 - Teacher in Charge Allowances

 

 

Table 4 - Other Rates and Allowances

 

 

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:

 

 

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 3 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 clause 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 the Department of Social Security.

 

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:

 

 

5.1.2    Where an employee is 45 years old or over, the entitlement shall be in accordance with the following scale:

 

 

5.1.3    ‘Weeks Pay’ means the all purpose rate of pay for the employee concerned at the date of termination, and shall include, in addition to the ordinary rate of pay, over award payments, shift penalties and allowances provided for in the relevant award.

 

5.1.4    Where an employee is subject to a reduction of working hours of 6 or more hours per fortnight, the reduction will be treated as a partial redundancy.  A pro rata payment will be made in accordance with the severance payments set out in paragraphs 5.1.1 and 5.1.2 above.

 

5.2        Incapacity to Pay

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 5.1.

 

The Commission shall have regard to such financial and other resources of the employer concerned as the Commission thinks relevant, and the probable effect paying the amount of severance pay in subclause 5.1 above will have on the employer.

 

5.3        Alternative Employment

 

Subject to an application by the employer and further order of the Industrial Relations Commission, an employer may pay a lesser amount (or no amount) of severance pay than that contained in subclause 5.1 if the employer obtains acceptable alternative employment for an employee.

 

ATTACHMENT A

 

CASUAL TEACHERS/CENTRE MANAGERS

 

RECORD OF CASUAL EMPLOYMENT

 

EMPLOYEE’S RECORD TO BE MAINTAINED BY EMPLOYEE

 

Name:

 

Number of years of training:

 

Name of qualification:

 

Year of attainment of this qualification:

 

Period of engagement	No. of days/hours	Name, address and	Signed by Centre
(from date to date)	worked in total,	telephone number of	Centre Manager
	classification, years	Centre	(signature, date and
	trained and step		name) or payroll
			officer

 

 

 

M. SCHMIDT  J.

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.