Maintenance
and Outdoor Staff (Catholic Schools) (State) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Independent Education Union, Industrial Organisation of Employees.
(No. IRC 2276 of 2008)
Before Commissioner
McLeay
|
22 December 2008
|
AWARD
PART A
CONDITIONS
1. Arrangement
PART A
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
4. Contract
of Employment
4A. Secure
Employment
5. Redundancy
6. Wages
7. Payment of
Wages
8. Work
During Pupil Vacation Period
9. Hours
10. Implementation
of 38-Hour Week
11. Overtime
12. Tea Break
13. Meal Breaks
14. Public
Holidays
15. Annual
Leave and Payment on Termination
16. Annual
Leave Loading
17. Sick Leave
18. Catholic
Personal/Carer's Leave
19. Parental
Leave - Catholic Diocesan Employers
19A. Parental
Leave - Schedule A Schools
19B. Parental
Leave - Schedule B Schools
20. Long
Service Leave - Catholic Diocesan Schools and Schedule A Schools
21. Long Service
Leave - Schedule B Schools
22. Bereavement
Leave
23. Jury
Service
24. Meal
Allowances
25. First-Aid
Allowance
26. Travelling
Expenses
27. Miscellaneous
Conditions
28. Anti-Discrimination
29. Disputes
Avoidance and Grievance Procedure
30. Apprenticeship
Trades
31. Superannuation
32. Labour
Flexibility
33. No Extra
Claims
34. Area
Incidence and Duration
PART B
Schedule A - List of Catholic Independent Schools Covered
by this Award and to whom Clauses 19A and 20 have application.
Schedule B - List of Catholic Independent Schools Covered
by this Award and to whom Clauses 19B and 21 have application.
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
PART C
REDUNDANCY
Annexure A - Sick Leave Portability
2. Title
This award shall be known as the Maintenance and Outdoor
Staff (Catholic Schools) (State) Award 2008.
3. Definitions
(i) "Award"
means the Maintenance and Outdoor Staff (Catholic Schools) (State) Award 2008.
(ii) "Basic
Earnings" mean the minimum rate of pay prescribed for an employee by the
award.
(iii) "Employee"
means an employee whose principal duties are the maintenance of buildings,
plant and equipment; the preparation and upkeep of grounds or other similar
duties as directed by the employer.
(iv) "Full-time
Employee" means an employee who works thirty eight hours per week.
(v) "Part-time
Employee" means an employee who works a constant number of ordinary hours
less than 38 hours per week.
(vi) "Casual
Employee" means an employee engaged and paid as such.
(vii) "Employer"
means the employer of an employee to whom the award applies (as set out in
sub-clause (ii) of Clause 34, Area, Incidence and Duration of this award).
(viii) "Union":
means either the New South Wales Independent Education Union or the Australian
Liquor, Hospitality and Miscellaneous Workers Union, Miscellaneous Workers
Division, New South Wales Branch.
(ix) "Fund"
means either
(a) The New South
Wales Non-Government Schools Superannuation Fund; or
(b) any other superannuation
fund approved in accordance with the Commonwealth operational standards for
occupational superannuation funds which the employee is eligible to join and
which is approved by the employer as a fund into which an employee of that
employer may elect to have the employer pay contributions made pursuant to the
award in respect of that employee including any Catholic diocesan
superannuation fund existing as at the date of this award which is approved in
accordance with the standards and is approved by the employer.
(x) "Catholic
Diocesan Employer" means the Archdioceses of Sydney and Canberra-Goulburn
and the Dioceses of Armidale, Bathurst, Broken Bay, Lismore, Maitland -
Newcastle, Parramatta, Wagga Wagga, Wilcannia-Forbes and Wollongong.
4. Contract of
Employment
(i) Letter of
Appointment
On appointment, the employer shall provide to an
employee, other than a casual employee, a letter setting out the following:
(a) Whether the
employment incorporates a probationary period and the length of the
probationary period, provided that a probationary period may only apply if the
employer has advised the employee in writing at the time of offer of
appointment of the fact and length of the probationary period. A probationary period shall not exceed three
months. The employee shall be advised
of any concerns of the employer in relation to the employee’s performance and
the steps to be taken by the employee to address these concerns at least four
weeks before the end of the probationary period.
(b) the classification
and rate of pay of the employee;
(c) the number of
hours to be worked each week;
(d) a statement in
relation to superannuation entitlements.
(e) whether the rate
of pay is payable during term time only or throughout the year in accordance
with paragraph (c) of subclause (iii) of clause 6, Wages.
(ii) Stand down
(a) Subject to
clause 10, Implementation of 38 Hour Week, an employee may be stood down on
leave of absence without pay during all school vacation periods when no work is
available. Provided that the contract
of employment shall be deemed not to have been broken for all award and
statutory purposes by such leave of absence during vacation periods. Provided further such leave of absence
during pupil vacation periods shall count as service for all award and
statutory purposes.
(b) Where the
employment of an employee is terminated by the employer in accordance with the
provisions of this clause through no fault of the employee within one week of the
end of any school term or during the following vacation, and such employee
whose services are so terminated is re-employed by the same employer before the
expiration of two weeks after the commencement of the next school term, the
contract of employment shall not be deemed to have been broken for the purposes
of the Long Service Leave Act, 1955 (NSW).
(c) 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.
(iii) Termination of
employment
(a) Except for the
first week of employment, the employment of a full-time or part-time employee
may be terminated by either party by giving notice to the other party as set
out in the following table "Period of Notice", or by the payment or
forfeiture of the equivalent wages in lieu of notice.
Period of Notice
Years of Continuous
Service
|
Notice Period
|
|
|
Less than 1 year
|
1 week minimum
|
More than 1 year but less than 3 years
|
2 weeks minimum
|
More than 3 years but less than 5 years
|
3 weeks minimum
|
More than 5 years
|
4 weeks minimum
|
(b) In addition to
the notice periods specified in paragraph (a) of this subclause employees aged over
45 years and who have completed at least 2 years continuous service with the
employer are entitled to one additional week’s notice from the employer.
(c) Paragraphs (a)
and (b) of this subclause shall not affect the right of the employer to dismiss
any employee without notice for misconduct and in such cases wages shall be
paid up to the time of dismissal only.
(d) The employment
of a casual employee may be terminated by one hour’s notice by either party.
(iv) 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.
(v) Payment on
Termination
Employees terminating employment shall be paid all
wages and other monies due forthwith, including any payments which may be due
in lieu of annual leave and/or long service leave.
4A. Secure Employment
(i) Objective of
this Clause
The objective of this clause is for the employer to
take all reasonable steps to provide its employees with secure employment by
maximising the number of permanent positions in the employer’s workforce, in
particular by ensuring that casual employees have an opportunity to elect to
become full-time or part-time employees.
(ii) Casual
Conversion
(a) A casual
employee engaged by a particular employer on a regular and systematic basis for
a sequence of periods of employment under this Award during a calendar period
of six months shall thereafter have the right to elect to have his or her
ongoing contract of employment converted to permanent full-time employment or
part-time employment if the employment is to continue beyond the conversion
process prescribed by this subclause.
(b) Every employer
of such a casual employee shall give the employee notice in writing of the
provisions of this sub-clause within four weeks of the employee having attained
such period of six months. However, the employee retains his or her right of
election under this subclause if the employer fails to comply with this notice
requirement.
(c) Any casual
employee who has a right to elect under paragraph (ii)(a), upon receiving
notice under paragraph (ii)(b) or after the expiry of the time for giving such
notice, may give four weeks’ notice in writing to the employer that he or she
seeks to elect to convert his or her ongoing contract of employment to
full-time or part-time employment, and within four weeks of receiving such
notice from the employee, the employer shall consent to or refuse the election,
but shall not unreasonably so refuse. Where an employer refuses an election to
convert, the reasons for doing so shall be fully stated and discussed with the
employee concerned, and a genuine attempt shall be made to reach agreement. Any
dispute about a refusal of an election to convert an ongoing contract of
employment shall be dealt with as far as practicable and with expedition
through the disputes settlement procedure.
(d) Any casual
employee who does not, within four weeks of receiving written notice from the
employer, elect to convert his or her ongoing contract of employment to
full-time employment or part-time employment will be deemed to have elected
against any such conversion.
(e) Once a casual employee
has elected to become and been converted to a full-time employee or a part-time
employee, the employee may only revert to casual employment by written
agreement with the employer.
(f) If a casual
employee has elected to have his or her contract of employment converted to
full-time or part-time employment in accordance with paragraph (ii)(c), the
employer and employee shall, in accordance with this paragraph, and subject to
paragraph (ii)(c), discuss and agree upon:
(1) whether the
employee will convert to full-time or part-time employment; and
(2) if it is agreed
that the employee will become a part-time employee, the number of hours and the
pattern of hours that will be worked either consistent with any other part-time
employment provisions of this award pursuant to a part time work agreement made
under Chapter 2, Part 5 of the Industrial Relations Act 1996 (NSW);
Provided that an employee who has worked on a full-time
basis throughout the period of casual employment has the right to elect to convert
his or her contract of employment to full-time employment and an employee who
has worked on a part-time basis during the period of casual employment has the
right to elect to convert his or her contract of employment to part-time
employment, on the basis of the same number of hours and times of work as
previously worked, unless other arrangements are agreed between the employer
and the employee.
(g) Following an
agreement being reached pursuant to paragraph (f), the employee shall convert
to full-time or part-time employment. If there is any dispute about the
arrangements to apply to an employee converting from casual employment to
full-time or part-time employment, it shall be dealt with as far as practicable
and with expedition through the disputes settlement procedure.
(h) An employee must
not be engaged and re-engaged, dismissed or replaced in order to avoid any
obligation under this subclause.
(iii) Occupational
Health and Safety
(a) For the purposes
of this subclause, the following definitions shall apply:
(1) A "labour
hire business" is a business (whether an organisation, business
enterprise, company, partnership, co-operative, sole trader, family trust or
unit trust, corporation and/or person) which has as its business function, or
one of its business functions, to supply staff employed or engaged by it to
another employer for the purpose of such staff performing work or services for
that other employer.
(2) A "contract
business" is a business (whether an organisation, business enterprise,
company, partnership, co-operative, sole trader, family trust or unit trust,
corporation and/or person) which is contracted by another employer to provide a
specified service or services or to produce a specific outcome or result for
that other employer which might otherwise have been carried out by that other
employer’s own employees.
(b) Any employer
which engages a labour hire business and/or a contract business to perform work
wholly or partially on the employer’s premises shall do the following (either
directly, or through the agency of the labour hire or contract business):
(1) consult with
employees of the labour hire business and/or contract business regarding the workplace occupational health
and safety consultative arrangements;
(2) provide employees
of the labour hire business and/or contract business with appropriate
occupational health and safety induction training including the appropriate
training required for such employees to perform their jobs safely;
(3) provide employees
of the labour hire business and/or contract business with appropriate personal
protective equipment and/or clothing and all safe work method statements that
they would otherwise supply to their own employees; and
(4) ensure employees
of the labour hire business and/or contract business are made aware of any
risks identified in the workplace and the procedures to control those risks.
(c) Nothing in this
subclause (iii) is intended to affect or detract from any obligation or
responsibility upon a labour hire business arising under the Occupational
Health and Safety Act 2000 or the Workplace Injury Management and
Workers Compensation Act 1998.
(iv) Disputes
Regarding the Application of this Clause
Where a dispute arises as to the application or implementation
of this clause, the matter shall be dealt with pursuant to the disputes
settlement procedure of this award.
(v) This clause has
no application in respect of organisations which are properly registered as
Group Training Organisations under the Apprenticeship and Traineeship Act
2001 (or equivalent interstate legislation) and are deemed by the relevant
State Training Authority to comply with the national standards for Group
Training Organisations established by the ANTA Ministerial Council.
5. Redundancy
See Part C - Redundancy.
6. Wages
(i) Classification
Structure
Employees, other than those holding a trade
qualification, shall commence at step 1 of the classification scale and shall
progress to steps 2, 3, 4 and 5 on completion of 12 months service at each
step.
Trade Qualified employees shall commence at step 4 of
the classification structure and shall progress to step 5 on completion of 12
months service.
(ii) Wage Rates -
Employees Required To Work 48 Weeks A Year.
Full-time Employees
The minimum weekly rate of pay for full-time employees
shall, subject to the other provisions of this award be calculated by dividing
the rates of pay set out in Table 1 -Wage Rates, of Part B, Monetary Rates by
52.14.
(iii) Wage Rates - Employees
not required to work 48 weeks of the year.
Full-time and part-time employees who are not required
to work 48 weeks a year shall be paid in accordance with this subclause:
(a) Where an
employee is not required to work 48 weeks in a year (excluding annual leave)
then the employer may elect to stand down the employee or to pay the employee
in accordance with paragraph (b) of this subclause.
(b) When the
employer elects to average a full-time employee’s payment of wages under
paragraph (a) of this subclause the employee will be paid in equal instalments
throughout the year. The following
formula shall be used to determine the appropriate full-time weekly rate:
where:
W = weekly rate for employees required to work 48 weeks
per year determined in accordance with subclause (vi) of this clause
N = number of days worked per year and is not less than
the number of days in the school year at each school; provided that:
(1) the number of
days in a school year shall be deemed to be not less than 204;
(2) the value of N
does not include the days paid at a casual rate in Clause 8, Work During Pupil
Vacation Periods;
(3) the number of
days worked excludes public holidays; and
(4) N cannot exceed
229 and if it does the employee shall be paid in accordance with subclause (ii)
for full time employees, or subclause (iv) for part time employees, of this
clause.
Provided that where N equals 204, this formula shall be
rounded to:
0.9 x W
(c) The rate of pay
of an employee who is not required to work 48 hours per year and which is
calculated in accordance with paragraph (b) of this subclause shall be the
appropriate rate for all purposes for that employee but shall not be used in the
calculation of overtime payments and casual rates of pay.
(iv) Part-time and
Casual Employees
(a) Part-time
Employees
(1) Subject to the
other provisions of this award, part-time employees, for each hour worked
during ordinary time, shall be paid one thirty-eighth of the minimum weekly
wage calculated in accordance with sub-clause (ii) or (iii) as appropriate for
the class of work performed by them. Provided that part time employees employed
before the first full pay period commencing on or after 27 January 2004 shall
be paid an additional rate per hour equivalent to 8% of the appropriate rate as
at the first full pay period on or after 27 January 2004. Such hourly rate shall include the leading
hand allowance where applicable.
(2) Part-time
employees shall be paid a minimum of 3 hours for each start, provided that an
employer and employee may agree to a shorter minimum period of engagement to
suit the particular needs of the workplace and the employee. A record of such agreement shall be kept in
writing and must be retained with pay records.
(3) No part-time
employee shall have the number of hours worked adjusted unless by mutual
agreement in writing or a redundancy payment being made in accordance with
clause 5 of Part C - Redundancy.
(b) Casual Employees
(1) Casual
employees, for each hour worked during ordinary time, shall be paid one
thirty-eighth of the minimum weekly wage calculated in accordance with
subclause (ii) for the class of work performed by them, plus 20 per cent of
such hourly equivalent, which is inclusive of compensation for Annual Leave
under the Annual Holidays Act, 1944 (NSW).
(2) Casual employees
shall be paid a minimum payment of 2 hours for each start.
(v) Higher Duties
Employees required to temporarily perform duties for
which the leading hand allowance is payable for more than one day shall be paid
the allowance for the whole period during which those duties are performed.
(vi) Apprentices
The minimum rates of wages for four year apprentices
shall be:
% of tradespersons Rate*
First Year
|
50
|
Second Year
|
65
|
Third Year
|
75
|
Fourth Year
|
90
|
*Based on rate for Step 4 as set out in table 1 of Part
B, Wage Rates, of this Award.
(vii) Rounding of
Rates
The hourly rate of 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.
(viii) Absorption
The increases in minimum rates of payment in July 2008,
July 2009 and July 2010 may be fully absorbable at the discretion of the
employer, into any payment that an employee receives in excess of the rates set
out in Table 1- Wage Rates, of Part B Monetary Rates, at the applicable
time.
7. Payment of Wages
(i) Subject to subclause
(ii) of this clause, wages shall be paid weekly in ordinary working time no
later than Thursday of each week. An
employee kept waiting after the normal ceasing time for the payment of wages
shall be deemed to be working during any time kept waiting and shall be paid
overtime from the normal ceasing time until payment is made.
(ii) Wages may be
paid fortnightly at the employer’s discretion where the majority of employees
at the school or college are already paid fortnightly.
(iii) Where an employer
and the majority of employees agree, wages may be paid by cheque or electronic
funds transfer to an account nominated by the employee.
(iv) Where excess
payments are made in circumstances which were not apparent or could not
reasonably have been expected to be detected by the employee, the relevant
parties shall seek agreement on the matter of the overpayment and its repayment
including, when necessary and appropriate, discussion between the relevant
union and relevant employer representatives.
(v) Annual
Remuneration
(a) Notwithstanding
the provisions of this clause, an employee may elect to receive his or her
annual remuneration as a combination of wages (payable in accordance with this
clause) and benefits payable by the employer.
The sum total of such wages, benefits, Fringe Benefits tax and employer
administrative charge will equal the appropriate rate of pay prescribed by
clause 6, Wages.
(b) The employer
will determine the range of benefits available to the employee and the employee
may determine the mix and level of benefits as provided in paragraph (a) of
this subclause.
(c) Any payment
calculated by reference to the employee’s salary and payable either:
(i) during
employment; or
(ii) on termination
of employment; or
(iii) on death
shall be at the rate prescribed by clause 6, Wages.
8. Work During Pupil
Vacation Periods
An employee who is stood down during pupil vacation periods
shall not be required to work during such periods.
An employee who is requested and who agrees to work during
this period shall be paid at casual rates in addition to any other remuneration
received if the employee is paid an averaged rate of pay pursuant to subclause
(iii) of clause 6, Wages.
9. Hours
(i) Ordinary Hours
of Work
Subject to clause 10, Implementation of 38 hour week,
the ordinary hours of work for a full-time employee exclusive of meal breaks
shall not, without the payment of overtime, exceed an average of 38 per week
and shall be worked in five days, Monday to Friday inclusive. Provided that work performed up to 12 noon
on Saturday only on essential playing field duties such as watering or marking
playing field areas which cannot be performed Mondays to Fridays may be regarded
as ordinary hours if the employee is allowed, without loss of pay, equivalent
time off in lieu by mutual agreement as to when such time off will be taken
during the following week.
(ii) Notice of
Hours
The employer shall advise the employee of the ordinary
hours of work and the ordinary time of meal breaks which shall be displayed in
a conspicuous place accessible to the employees. Such hours shall not be changed, without payment of overtime, for
work done outside the set hours unless seven days notice of any change 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.
(iii) Casual
Employees:
The spread of ordinary hours of work shall be the same
as those worked by full-time weekly employees in the establishment
concerned. Where there are no such
full-time weekly employees the spread of ordinary hours of work shall be those
prescribed by subclause (i) of this clause.
(iv) Part-time
Employees:
The spread of ordinary hours of work, exclusive of meal
time, shall not exceed 8 hours per day.
(v) Nothing in this
clause shall increase the hours of work where employees worked less than 38
hours per week as at the introduction of this award.
10. Implementation of
38 Hour Week
The ordinary hours of work for a full-time employee provided
by clause 9, Hours, shall be worked in one of the following methods:
(i) 19-Day Month
An employer and employees may agree that the ordinary
hours of work provided by clause 9, Hours will be worked as a 19 day month, in
which case the following provisions shall apply:
(a) Each employee of
the school subject to this award 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) Each employee
shall accrue 24 minutes for each 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 an employee (but not including long service leave or any period
of stand down as provided in subclause (ii) of clause 4, Contract of
Employment), 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 subclause, an employee shall not be entitled to
more than 12 paid rostered days off in any 12 months of consecutive employment.
(f) Any 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 paragraph (b) of this subclause.
(g) Any 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 the cycle in
accordance with the said paragraph (b).
(h) Rostered days
off shall be scheduled by mutual agreement between employees and the school.
(i) An 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) An 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 any 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 his/her 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) Any employee
required to work on their rostered day off shall be paid in accordance with the
provisions of clause 11, 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.
(ii) Any Other
Method
An employer may apply any other method of implementing
the ordinary hours of work provided by clause 9, Hours, on which the employer
reaches agreement with employees.
(iii) Discussion
about Implementation of 38 Hour Week
Each employer will propose to its employees the basis
of implementing the 38 hour week which it determines is best suited to its
operations. If the employer and employees
are unable to agree to adopt this proposed basis the matter will be referred to
the union, who will discuss it with the employer. If they are unable to agree upon the basis which will be adopted,
the matter shall be referred to the Industrial Relations Commission of New
South Wales for determination.
(iv) Payment for
Rostered Days off during Stand Down
Notwithstanding any other provisions of this award, the
following provisions shall apply in the case of any employee whose contract of
employment provided that he or she shall be stood down during the whole or part
of non-term time pursuant to subclause (ii) of clause 4, Contract of
Employment.
(a) The ordinary
hours of work for employees to whom this subclause applies shall not exceed 40
hours per week, exclusive of meal breaks, without payment of overtime.
(b) At the
commencement of every period during which an employee to whom this subclause
applies is stood down, the employee shall be paid, in addition to any other
entitlements, an amount calculated by using the formula
where:
W = the number of weeks worked by the employee
since either the employee’s employment commenced, this clause commenced, or the
conclusion of the employee’s last stand down period, whichever is the later,
and
P = the weekly rate of pay fixed for the
employee’s work by this award received by the employee since the employee’s
employment commenced, this clause commenced, or the conclusion of the
employee’s last stand down period, whichever is the later.
(c) This subclause
will not apply to employees whose salary is determined in accordance with
paragraph (b) of subclause (iv) of clause 6, Wages.
11. Overtime
(i) Definition of
Overtime
All time required by the employer to be worked outside
the ordinary hours of work prescribed by clause 9, Hours, shall be overtime.
(ii) Payment for
Overtime
Overtime shall be paid for at the rate of time and
one-half for the first two hours and double time thereafter. Provided that overtime worked between
midnight Friday and midnight Sunday shall be paid at the rate of double
time.
(iii) Calculating
Overtime
For the purpose of calculating overtime, each day’s
work shall stand alone.
(iv) 10 Hour Break
(a) Overtime shall,
where reasonably practicable, be so arranged that employees have at least ten
consecutive hours off duty between the work of successive days.
(b) An employee,
other than a casual employee who works so much overtime between the termination
of their ordinary work on one day and the commencement of their ordinary work
on the next day that they have not had at least ten consecutive hours off duty
between those times shall, subject to this subclause, be released after
completion of such overtime until they have had ten consecutive hours off duty,
without loss of pay, for ordinary working time occurring during such
absence.
(c) If the employer
requires an employee to resume or continue work without having had such ten
consecutive hours off duty:
(1) the employee
shall be paid at double rates until they are released from duty for such
period, and
(2) he/she then
shall be entitled to be absent until they have had ten consecutive hours off
duty without loss of pay for ordinary working time occurring during such
absence.
(v) Time Off in Lieu
of Overtime
Where an employee has performed duty on overtime, the
employee may be released from duty for a period not exceeding the period of overtime
actually worked provided that:
(a) An employee may
only be released from duty in lieu of payment for overtime at the request of
the employee and with agreement from the employer. Such agreement shall be in writing and be kept with the time and
wages records.
(b) An employee may
not accumulate more than 20 hours to be taken as leave in lieu of overtime
payment.
(c) Time off in lieu
of payment for overtime and shall be taken within 12 months of the
accrual. Where such leave is not taken
in this period it shall be paid at the appropriate overtime rate.
(d) This provision
shall only apply in respect of overtime worked between Monday to Friday
inclusive. Normal penalties for
overtime worked on Saturday and Sunday shall apply for those days.
(vi) Recall to work
(a) 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.
(b) This subclause
shall not apply where a period of duty is continuous (notwithstanding that the
employer may allow the employee a reasonable meal break before, during or after
such attendance) with the completion or commencement of ordinary working time.
(vii) Minimum Payment
For work done on a Sunday double ordinary time with a
minimum payment for four hours’ work shall be paid.
(viii) 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.
(ix) For the
purposes of subclause 11(vi) what is unreasonable or otherwise will be
determined having regard to:
(a) any risk to
employee health or safety;
(b) the employee's
personal circumstances including any family and carer responsibilities;
(c) the needs of the
workplace or enterprise;
(d) the notice (if
any) given by the employer of the overtime and by the employee of his or her intention
to refuse it; and
(e) any other
relevant matter.
12. Tea Break
All employees shall be allowed a tea break of 10 minutes
daily between the second and third hours from starting time each day, except by
mutual agreement between the employee and the employer. Such tea break shall be counted as time
worked.
13. Meal Breaks
Not more than one hour nor less than half an hour shall be
allowed to employees each day for a midday and/or evening meal where work
continues after 6.30 pm. This meal
break shall be taken not later than the fifth hour of work each day, except by
mutual agreement between the employer and the employee. Such meal break shall not be counted as time
worked and is unpaid.
14. Public Holidays
(i) New Year’s Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen’s
Birthday, Eight Hour Day, Christmas Day, Boxing Day and an additional day’s
holiday to be observed pursuant to subclause (ii) of this clause, and any other
day gazetted as a public holiday for the State shall be holidays for the
purposes of this award.
(ii) In addition to
the holidays specified in subclause (i) 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 calendar year.
Provided that the additional holiday will not apply to
those employees whose rates of pay are averaged over the year in accordance
with paragraphs (a), (b) or (c) of subclause (iii) of clause 6, Wages.
(iii) 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.
(iv) All time worked
on a public holiday as specified in subclause (i) of this clause shall be paid
for at the rate of double time and one-half the ordinary-time rate with a
minimum payment of 2 hours.
15. Annual Leave and
Payment on Termination
(i) The Annual
Holidays Act 1944 (NSW) applies, provided that Annual Leave shall be given
and taken during the summer pupil vacation period, except where the employer
and the employee agree in writing to the contrary.
(ii) An employee
shall be paid a pro-rata amount for annual leave on termination pursuant to the
Annual Holidays Act 1944 (NSW), provided that employees whose rate of
pay has been averaged in accordance with subclause (iii) of clause 6, Wages,
may receive an amount calculated in accordance with subclause (iii) of this clause.
(iii)
(a) For employees
paid in accordance with subclause (iii) of Clause 6, Wages, this subclause will
apply:
(1) in lieu of the
corresponding provisions of the Annual Holidays Act 1944 (NSW); and
(2) notwithstanding
any other provisions in this award.
(b) The provisions
of this subclause shall apply as set out in the relevant paragraphs where:
(1) an employee’s
employment ceases
(2) an employee
commences employment after the school service date;
(3) an employee
takes approved leave without pay or parental leave for a period which (in
total) exceeds 20 pupil days in any year; or
(4) the working
hours of the employee have varied since the school service date.
(c) Calculation of
Payments
(1) A payment made
pursuant to sub-paragraph (1), (2) or (3) of paragraph (b) of this sub-clause
shall be calculated in accordance with the following formula:
Step 1
|
A x B
|
= D
|
|
C
|
|
|
|
Step 2
|
D - E = F
|
|
|
Step 3
|
F x G
|
= H
|
|
2
|
|
where:
A =
|
The number of term weeks
worked by the employee since the school service date
|
B =
|
The number of non-term weeks
in the school year
|
C =
|
The number of term weeks in
the school year
|
D =
|
Result in weeks
|
E =
|
The number of non-term weeks
worked by the employee since the school service date
|
F =
|
Result in weeks
|
G =
|
The employee’s current
fortnightly salary
|
H =
|
Amount Due
|
(2) A payment made pursuant
to sub-paragraph (4) of paragraph (b) of this subclause to an employee whose
normal working hours have varied shall be calculated in accordance with the
following formula:
Step
|
1 A - B = C
|
|
|
Step 2
|
C x D
|
= F
|
|
E
|
|
|
|
Step 3
|
F - B = G
|
where:
A =
|
Total salary paid to the
employee since the school service date
|
B =
|
Salary paid to the employee
in respect of non-term weeks since the school service date
|
C =
|
Salary paid to the employee
in respect of term weeks since the school service date
|
D =
|
The total number of non-term
weeks in the school year
|
E =
|
The total number of term
weeks in the school year
|
F =
|
Result in dollars
|
G =
|
Amount Due
|
(3) For the purpose
of this clause:
(A) "School
Service Date" means the usual commencement date of employment at the
school for employees covered by this award commencing in term 1.
(d) Employees who
commence Employment after the School Service Date
(1) An employee who
commences employment after the school service date shall be paid from the date
the employee commences provided that, at the end of Term IV, the employee shall
be paid an amount calculated pursuant to paragraph (c) of this sub-clause and
shall receive no other salary until his or her return to work in the following
school year.
(2) In each
succeeding year of employment, the anniversary of appointment of the employee
for the purposes of this clause shall be deemed to be the school service date.
(e) Employees who
take Approved Leave Without Pay or Parental Leave
Where an employee takes leave without pay or parental
leave with the approval of the employer for a period which (in total) exceeds
20 pupil days in any year, the employee shall be paid salary calculated in
accordance with this clause as follows:
(1) If the leave
commences and concludes in the same school year payment shall be calculated and
made at the conclusion of Term IV of that school year.
(2) If the leave is
to conclude in a school year following the school year in which the leave
commenced:
(A) at the
commencement of the leave a payment shall be calculated and made in respect of
the school year in which the leave commences; and
(B) at the end of
Term IV in the school year in which the leave concludes a payment shall be
calculated and made in respect of that school year.
(3) Where an
employee who has received a payment pursuant to subparagraph (2) of this
paragraph returns from leave in the same year rather than the next school year as
anticipated, then the employee shall be paid at the conclusion of Term IV as
follows:
(A) by applying for
formula in paragraph (c) of this sub-clause as if no payment had been made to
the employee at the commencement of leave;
(B) by deducting
from that amount the amount earlier paid to the employee.
(f) Employees Whose
Hours Have Varied
Where the hours which an employee normally works at a
school have varied since the school service date in any school year and the
employee’s employment is to continue into the next school year, the employee
shall be paid throughout the summer pupil vacation as follows:
(1) the amount due
pursuant to the formula in subparagraph (2) of paragraph (c) of this subclause
shall be calculated; and
(2) the employee
shall continue to receive in each fortnight of the pupil vacation period the
same amount as his or her ordinary pay in the last fortnight of the school term
until the total amount received by the employee during the pupil vacation
period is the same as the amount calculated above. (Note - this will have the consequence that the last fortnight of
the pupil vacation period in which the employee is paid the amount received
will differ from the pay in the preceding fortnights).
(g) Notwithstanding the
provisions of subparagraph (1) of paragraph (a) of this subclause an employee
shall not pursuant to this subclause,
be paid an amount in respect of a year of employment which is less than the
amount to which the employee would otherwise be entitled under the provisions
of the Annual Holidays Act 1944 (NSW), in respect of a year of employment.
16. Annual Leave
Loading
(i) In this clause
the Annual Holidays Act, 1944, is referred to as "the Act".
(ii) Where an
employee is given and takes their 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 their employee a loading determined in accordance with this
clause.
(iii) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes entitled under the Act and this award, or, where such a
holiday is given and taken in separate periods then in relation to each such
separate period. NOTE: See subclause
(vi) of this clause, as to holidays taken wholly or partly in advance.
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) of this clause, at the rate per week of 17½ 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 their annual holiday together with, where applicable leading hand
and first aid allowances, but shall not include any other allowances, penalty
rates, shift allowances, overtime or any other payments prescribed by this
award.
(vi)
(a) No loading is
payable to an employee who takes annual holidays wholly or partly in advance;
provided that, if the employee continues until the day when they would have
become entitled under the Act to an annual holiday, the loading then becomes
payable in respect of the period of such holiday and is to be calculated in
accordance with subclause (v) of this clause applying the award rates of wages
payable on that day.
(b) Notwithstanding
the provisions of paragraph (a) of this subclause, an employee shall be paid an
annual holiday loading where the annual holiday falls wholly or partly in
advance during the summer pupil vacation period. The employee shall be entitled
to the fraction of four weeks holiday loading as is equal to the number of
weeks worked by the employee in that school year compared to the number of
weeks in the year since the school service date.
(vii)
(a) Where the
employment of an employee is terminated by their employer, for a cause other
than misconduct and at the time of the termination the employee has not been
given and has not taken the whole of an annual holiday to which they are
entitled, they shall be paid a loading calculated in accordance with subclause
(v) for the period not taken.
(b) Except as
provided in paragraph (a) of this subclause, no loading is payable on the
termination of an employee’s employment.
17. Sick Leave
(i) Employees shall
be entitled to sick leave from 1 July 2005 as follows:
(a) Employees in
Schools operated by a Catholic Diocesan Employer:
Fifteen (15) days’ sick leave on full pay upon each
anniversary of their continuous service which occurs after the first full pay
period on or after 1 July 2005.
(b) Employees
employed in Schedule A and Schedule B schools:
Sick leave on full pay as set out in the following table upon each anniversary of
their continuous service which occurs after the first full pay period on or
after 1 July 2005.
Employees who work 45 weeks or more per school year
|
15 days sick leave per annum
|
|
|
Employees who work 41 weeks or more, but less
|
14 days sick leave per annum
|
than 45 weeks per school year
|
|
Employees who work less than 41 weeks per school year
|
13 days sick leave per annum
|
|
|
(ii) Accumulation
of Sick Leave
(a) If the full
period of sick leave is not taken in any year, the whole or any untaken portion
shall be cumulative from year to year.
Provided that the employer shall not be bound to credit an employee for sick
leave which accrued more than 15 years before the end of the last year of
completed service and the maximum accrual of sick leave (including both current
and accumulated) shall be 154 days.
(b) Service before
the date of coming into force of this award shall be taken into account for the
purpose of calculating the annual entitlement to sick leave. Provided however:
(1) that for years
of service completed between the first full pay period on or after 1 July 2003
and the employee’s anniversary of continuing service occurring before the first
full pay period on or after 1 July 2005, sick leave accrued at the rate of 10
days during the first year of service and 12 days during the second and
subsequent years of service.
(2) that for years
of service completed before 1 July 2003 sick leave accrued at the rates
applicable under the relevant awards, being the Maintenance and Outdoor Staff
(Catholic Schools) (State) Award published 7 December 2001 (330 I.G. 43) and
the Miscellaneous Workers Independent Schools and Colleges &c., (State)
Award published 17 February 1995 (283 I.G. 1193) and its predecessors.
(iii) Conditions on
the taking of Sick Leave
The taking of sick leave is subject to the following
conditions:
(a) Employees shall
not be entitled to paid sick leave for any period in respect of which the
employee is entitled to payment under the Workers’ Compensation Act,
1987.
(b) The employee
shall, as soon as reasonably practicable, and in any case within 24 hours of
the commencement of such absence, inform the employer of an inability to attend
for duty and, as far as possible, state the nature of the injury or illness and
the estimated duration of the absence.
(c) The employee
shall furnish to the employer such evidence as the employer may desire that the
employee was unable by reason of such illness or injury to attend for duty on
the day or days for which sick leave is claimed.
Provided that where a single day absence occurs before
and/or after a public holiday or a rostered day off a medical certificate shall
be supplied.
(iv) Part Time
Employees
(a) The sick leave
entitlement of a part-time employee shall be in that proportion which the
number of hours worked by the employee in a week bears to a full-time employee.
(b) When the number
of hours worked by an 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.
(v) If an award
holiday occurs during an employee’s absence on sick leave then such award holiday
shall not be counted as sick leave.
(vi) Portability
(Catholic Diocesan Employers Only)
(a) An employee who
was previously employed with another Catholic Diocesan Employer as a full-time,
part-time or temporary employee, and is employed by another Catholic Diocesan
Employer on or after 1 January 2000, shall be entitled to portability of sick
leave in accordance with this subclause.
(b) Untaken sick
leave which has accumulated in accordance with subclause (ii) of this clause
shall be credited to the employee as their accumulated sick leave on their
commencement of employment with the Diocese.
(c) For an employee
to be eligible for portability of sick leave under this clause, the employee must
satisfy the following criteria:
(1) The employee has
commenced employment with the Catholic Diocesan Employer within six months or
two terms, whichever is the greater, of the employee’s employment terminating
with the other Catholic Diocesan Employer.
(2) The former
Catholic Diocesan Employer will provide to each employee on request on
termination of employment, a completed version of the form set out in Annexure
A of this award and the employee will provide the original completed form to
the new Catholic Diocesan Employer within six school weeks of the commencement
of employment.
(d) Notwithstanding
paragraphs (a) and (b) of this subclause, the maximum sick leave portable
between Catholic Diocesan Employers shall be 150 days.
18. Catholic
Personal/Carer’s Leave
18.1 Use of Sick Leave
to Provide Care and Support for a Family Member
(a) An employee
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (2) of paragraph (c) who needs the employee’s
care and support, shall be entitled to use, in any year, 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 had taken leave to care
for the same person.
(c) The entitlement to
use sick leave in accordance with this subclause is subject to:
(1) the employee
being responsible for the care of the person concerned; and
(2) the family
member being a parent, step-parent,
spouse, grandchild, sibling, grandparent, child, step-child, foster child,
adopted child and foster parent of the employee or spouse.
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 29, Disputes Avoidance and Grievance Procedure
should be followed.
18.2 Use of Sick Leave
for a Pressing Domestic Necessity
(a) Subject to
paragraph (c), for the purposes of this clause "pressing domestic
necessity" means any reason at the discretion of the employer, provided
that such discretion is not unreasonably withheld and is exercised so as not to
contravene any applicable provisions of the Anti-Discrimination Act
1977.
(b) An employee,
other than a casual employee, with sick leave credits may apply to utilise such
credits up to five of any current or accrued sick leave entitlement days in any
one year of the employee’s service, for any pressing domestic necessity other
than to care for or support a person defined in subparagraph 18.1(c)(2).
(c) Where an
employee, other than a casual employee, is not entitled to utilise sick leave
credits pursuant to paragraph 18.1(a) he or she may access any current or
accrued sick leave for any pressing domestic necessity where the employee is
responsible for the care or support of a person not referred to in subparagraph
18.1(c)(2).
(d) The yearly entitlement
for the purpose of pressing domestic necessity in paragraph 18.2(b) is
non-cumulative.
(e) If required, an
employee shall provide a written statement or other evidence supporting the
application for Personal/Carer’s Leave for the purpose of pressing domestic
necessity.
18.3 Notification of
Intention to Take Leave
In relation to sub-clauses 18.1 and 18.2, wherever
practicable, an employee shall give the employer notice prior to the absence of
the intention to take leave. The
employee shall also provide the name of the person requiring care, that
person’s relationship to the employee, the nature of any pressing domestic
necessity, the reasons for taking such leave and the estimated length of
absence. If it is not practicable for
the employee to give prior notice of absence, the employee shall notify the
employer by telephone of such absence at the first opportunity on the day of
absence.
18.4 Unpaid Leave for
Family Purpose
An employee may elect, with the consent of the employer
to take unpaid leave for the purpose of providing care and support to a person
referred to in subparagraph 18.1(c)(2) or paragraph 18.2(c) who is ill or who
requires care due to an unexpected emergency.
18.5 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 may
agree to defer payment of the annual leave loading in respect of single day
absences, until at least five consecutive annual leave days are taken.
(d) An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
18.6 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) of this
subclause, 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) month period
or on termination.
(d) Where no
election is made in accordance with paragraph (a) of this subclause, the
employee shall be paid overtime rates in accordance with the award.
18.7 Make-Up Time
(a) An employee may
elect, with the consent of the 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.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
18.8 Rostered Days Off
(a) An employee may
elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee may
elect, with the consent of the employer, to take rostered days off in part day
amounts.
(c) An employee may
elect, with the consent of the employer, to accrue some or all rostered days
off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
This subclause is subject to the employer informing
each union which is both party to the award and which has members employed at
the particular enterprise of its intention to introduce an enterprise system of
RDO flexibility, and providing a reasonable opportunity for the union(s) to
participate in negotiations.
18.9 Entitlement for
casual employees
(a) Subject to the
requirements in paragraph 18.1(b) and subclause 18.3, 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 subclause 18.1(c)(2) or subclause 18.2(c) of
this clause 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. Parental Leave -
Catholic Diocesan Employers
The provisions of this clause shall apply to all employees
employed at schools operated by Catholic Diocesan Employers.
19.1 Maternity Leave
(a) An employee who
applies for maternity leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996, is granted maternity leave for a period of 14 weeks or
longer by the employer and commences maternity leave on or after 1 July 2005,
shall be entitled to maternity leave in accordance with this sub-clause. The
employer may deduct payment for any absence of the employee (to which the
employee, but for this clause, would have been entitled under clause 17, Sick
Leave) in the period four calendar weeks prior to the expected date of birth
from the payment of paid maternity leave to which the employee is entitled to
pursuant to this subclause.
(b) The maternity
leave shall be paid for 14 weeks at the rate of salary the employee would have
received, if the employee had not taken maternity leave. (If the period of maternity leave granted to
the employee is for less than 14 weeks then the period of paid maternity leave
shall be for such lesser period).
(c) The employee may
elect to be paid during the period of paid leave in paragraph (b) of this
sub-clause either in accordance with the usual employer payment schedule or as
a lump sum payment in advance. In
addition, if the employee requests and the employer agrees, the final three
weeks of the leave may be paid at half pay for a period of six weeks.
(d) Where an
employee applies for a lump sum payment in advance under paragraph (c) of this
sub-clause, the employee shall give the employer at least one month’s notice of
intention.
(e) If an employee
has commenced paid maternity leave and subsequently the employee’s pregnancy
results in a miscarriage or a still birth, the employee shall be entitled to
retain payment in accordance with this clause equivalent to salary for the period
of maternity leave taken by the employee.
(f) The parties
agree to review the effect of this clause in the event of any legislation by
either the Federal or State Government which provides a maternity allowance or
similar payment, however named, or in the event that the operation of this
clause is found to be discriminatory by an anti-discrimination tribunal.
(g) An employee on
paid maternity leave in accordance with this clause will not be employed as a
casual employee by the employer during such paid leave.
(h) Except as varied
by this Clause, Part 4 of Chapter 2 of the Industrial Relations Act 1996
shall apply.
19.2 Adoption Leave
(a) An employee who
applies for adoption leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996 and is granted such leave by the employer in accordance
with these provisions, shall be entitled to payment of adoption leave under the
same (or comparable) conditions as those set out in this clause in relation to
paid maternity leave. Provided further
that adoption leave shall only be payable in respect of one adopting parent of
a child.
19.3 Paternity Leave
(a) An employee
shall be entitled, subject to this sub-clause, to take paternity leave in one
continuous period not exceeding two weeks.
Such leave shall be deducted from, and shall not exceed, the employee’s
entitlement to Catholic Personal/Carer's Leave pursuant to Clause 18 of this
award.
(b) The employee
shall be entitled to take such paternity leave in the four weeks before the
date or expected date of the birth of the child and not later than four weeks
after the birth of the child, provided that the employer may, in exceptional
circumstances, request the employee to take leave at a time outside the period
specified in this paragraph. If the
employee chooses to agree to the employer’s request, such agreement shall be
recorded in writing. Where the employee does not agree, the leave shall be
taken in accordance with this paragraph.
(c) The entitlement
to paternity leave in paragraphs 19.3(a) and (b) is inclusive of, and not in
addition to, the employee’s entitlement to take unpaid paternity leave in
accordance with the Industrial Relations Act, 1996.
(d) The employee
must, at least 4 weeks before proceeding on leave pursuant to paragraph 19.3(b)
above, give written notice of the dates on which he proposes to start and end
the period of leave. The proposed dates may be varied by further written
notice, subject to the provisions of paragraph 19.3(c) above.
19.4 Casual Employees
An employer must not fail to re-engage a regular casual
employee (see section 53(2) of the Industrial Relations Act 1996 (NSW))
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.
19.5 Right to Request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(1) to extend the
period of simultaneous unpaid parental leave up to a maximum of eight weeks;
(2) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(3) 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 subparagraphs 19.5(a) (2) and 19.5(a)(3) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
subparagraph 19.5(a)(3), 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.
19.6 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:
(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.
(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 19.6(a).
19A. Parental Leave -
Schedule a Schools
The provisions of this clause shall apply to all employees
employed at schools Listed at Schedule A of Part B of this Award.
19A.1 Maternity Leave
(a) An employee who
applies for maternity leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996, is granted maternity leave for a period of fourteen
weeks or longer by the employer and commences maternity leave on or after 1
January 2009, shall be entitled to maternity leave in accordance with this
sub-clause.
(b) The maternity
leave shall be paid for fourteen weeks at the rate of salary the employee would
have received, if the employee had not taken maternity leave. (If the period of maternity leave granted to
the employee is for less than fourteen weeks then the period of paid maternity
leave shall be for such lesser period).
(c) The employee may
elect to be paid during the period of paid leave in paragraph (b) of this
sub-clause either in accordance with the usual employer payment schedule or as
a lump sum payment in advance. In
addition, if the employee requests and the employer agrees, the final three
weeks of the leave may be paid at half pay for a period of six weeks.
(d) Where an
employee applies for a lump sum payment in advance under paragraph (c) of this
sub-clause, the employee shall give the employer at least one month’s notice of
intention.
(e) If an employee
has commenced paid maternity leave and subsequently the employee’s pregnancy
results in a miscarriage or a still birth, the employee shall be entitled to retain
payment in accordance with this clause equivalent to salary for the period of
maternity leave taken by the employee.
(f) The parties
agree to review the effect of this clause in the event of any legislation by
either the Federal or State Government which provides a maternity allowance or
similar payment, however named, or in the event that the operation of this
clause is found to be discriminatory by an anti-discrimination tribunal.
(g) An employee on
paid maternity leave in accordance with this clause will not be employed as a
casual employee by the employer during such paid leave.
(h) Except as varied
by this provision, Part 4 of Chapter 2 of the Industrial Relations Act 1996
shall apply.
Notation
Transitional Arrangements - For the purpose of paragraph
(a) of this subclause, maternity leave commences on or after 1 January 2009, if
the first day off work due to maternity leave is on or after 1 January 2009.
19A.2 Adoption Leave
(a) An employee who
applies for adoption leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996 and is granted such leave by the employer in accordance
with these provisions, shall be entitled to payment of adoption leave under the
same (or comparable) conditions as those set out in this clause in relation to
paid maternity leave. Provided further
that adoption leave shall only be payable in respect of one adopting parent of
a child.
(b) An employee
shall be entitled to one day’s leave with pay for the purpose of adopting any
child provided that he or she is not also entitled to payment of adoption leave
pursuant to paragraph (a) of this sub-clause.
19A.3 Paternity Leave
(a) An employee
shall be entitled to one day’s leave with pay on the date of his wife’s
confinement or on the day on which his wife leaves hospital following her
confinement.
(b) In addition to
the entitlement in paragraph 19A.3(a), an employee shall be entitled, subject
to this sub-clause, to take paternity leave in one continuous period not
exceeding two weeks. Such leave shall
be deducted from, and shall not exceed, the employee’s entitlement to Catholic
Personal/Carer's Leave pursuant to Clause 18 of this award.
(c) The employee
shall be entitled to take such paternity leave in the four weeks before the
date or expected date of the birth of the child and not later than four weeks
after the birth of the child, provided that the employer may, in exceptional
circumstances, request the employee to take leave at a time outside the period
specified in this paragraph. If the
employee chooses to agree to the employer’s request, such agreement shall be
recorded in writing. Where the employee does not agree, the leave shall be taken
in accordance with this paragraph.
(d) The entitlement
to paternity leave in paragraphs 19A.3(a) and (b) is inclusive of, and not in
addition to, the employee’s entitlement to take unpaid paternity leave in
accordance with the Industrial Relations Act, 1996 (NSW).
(e) The employee must,
at least 4 weeks before proceeding on leave pursuant to paragraph 19A.3(b)
above, give written notice of the dates on which he proposes to start and end
the period of leave. The proposed dates may be varied by further written
notice, subject to the provisions of paragraph 19A.3(c) above.
19A.4 Casual Employees
An employer must not fail to re-engage a regular casual
employee (see section 53(2) of the Industrial Relations Act 1996 (NSW))
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.
19A.5 Right to request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(1) to extend the
period of simultaneous unpaid parental leave up to a maximum of eight weeks;
(2) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(3) 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 subparagraphs (a)(2) and (a)(3) of this subclause must be recorded in
writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
subparagraph 19A.5(a)(3), 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.
19A.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:
(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.
(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 19A.6(a).
19B. Parental Leave -
Schedule B Schools
The provisions of this clause shall apply to all employees
employed at schools listed at Schedule B of Part B of this Award.
(a) Maternity Leave
(i) An employee who
takes unpaid maternity leave under the provisions of the Industrial
Relations Act 1996 (NSW) shall be entitled to paid maternity leave
in accordance with this clause.
(ii) The amount of
paid leave for an employee who takes leave after 1 January 2009 shall be
fourteen weeks, provided that an employee who commences maternity leave prior
to January 2009, shall be entitled to twelve weeks leave.
(iii) The employee
must be paid at the rate the employee was paid at the time of commencing leave.
(iv) 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.
(v) The employer
must pay the first, or lump sum, payment at the pay period commencing closest
to;
(A) six weeks before
the anticipated date of birth, or
(B) if birth occurs
before the time referred to in (A), the date of the birth; or
(C) if the employee
has not commenced maternity leave at the time referred to in (A), when the
employee commences leave.
(vi) If an employee's
pregnancy is terminated other than by the birth of a living child:
(A) more than 20
weeks before the anticipated date of birth the employee is not entitled to the
payment;
(B) less than 20
weeks before the anticipated date of birth the employee is entitled to the
payment while she remains on leave.
(vii) The period of
maternity leave will not count as a period of service under this award or any
statute.
(viii) 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 (1) of the Industrial Relations Act 1996 (NSW).
(ix) Except as varied
by this provision, Part 4 of Chapter 2 of the Industrial Relations Act
1996 (NSW) shall apply.
(b) Paternity Leave
(i) An employee who
takes paternity leave on or after 20 October 2005 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 18 of this award.
(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 (NSW).
(c) Adoption Leave
(i) An employee
shall be entitled to fourteen weeks paid leave for the purpose of adopting any
child providing the leave is taken before the child reaches full-time enrolment
age.
(ii) The period of
paid adoption leave will not count as a period of service under this award or
any statute.
(iii) An employee
shall be required to give written notice of the approval or other decision to
adopt a child at least 10 weeks prior to the expected date of placement of the
child and shall provide other notice consistent with the provisions of section
58 (3) of the Industrial Relations Act 1996 (NSW).
(d) Casual Employees
An employer must not fail to re-engage a regular casual
employee (see section 53(2) of the Industrial Relations Act 1996 (NSW))
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 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 (i) (B) and (C) of this subclause must be recorded in
writing.
(iv) Request to
return to work part-time
Where an employee wishes to make a request under
subparagraph (e)(i)(C), such a request must be made as soon as possible before
the date upon which the employee is due to return to work from parental leave.
(f) Communication
during parental leave
(i) Where an
employee is on parental leave and a definite decision has been made to
introduce significant change at the workplace, the employer shall take
reasonable steps to:
(A) make information
available in relation to any significant effect the change will have on the
status or responsibility level of the position the employee held before
commencing parental leave; and
(B) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(ii) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee’s decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(iii) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer’s capacity to comply with paragraph (i).
20. Long Service
Leave - Catholic Diocesan Employers and Schedule a Schools
The provisions of this clause shall apply to all employees
employed at schools operated by Catholic Diocesan Employers and all employees employed
at schools listed at Schedule A of Part B of this Award.
(i) Applicability
of Long Service Leave Act 1955 (NSW).
Except in so far as expressly varied by the provisions
of this clause, the provisions of the Act shall apply to employees employed under
this Award.
(ii) Entitlement to
leave from 30 January 2006
Subject to sub-clause (iii) of this Clause, the amount
of long service leave to which an employee shall be entitled in respect of
service performed on and from 30 January 2006 shall be:
(a) In respect of
full-time service an employee shall accrue 49.4 hours per year of service. "Full -time service" means service
of 38 hours per week (consistent with the definition of full-time employee in
clause 3(iv) of this award).
(b) Where an
employee works part-time in a given year the employee shall accrue leave on a
pro rata basis according to the number of hours worked by the employee in a
week compared to 38, where a full-time employee accrues 49.4 hours of leave for
each year of service.
An employee shall be entitled to leave in accordance
with this subclause together with leave pursuant to subclause (iii) of this
Clause.
(iii) Calculation of
Accrued Leave as at 29 January 2006
(a) An employee
whose employment commenced prior to 30 January 2006 will have accrued long
service leave as at 29 January 2006 in accordance with previous award and
legislative provisions.
A summary of the accrual rates pursuant to these
provisions is set out below:
Calculation of Entitlement:
Prior to 26 January
2004
|
.866 weeks per
year.
|
26 January 2004 to
|
1.3 weeks per year or portion of a year.
|
29 January 2006
|
|
(b) It is the
intention of the parties that on and from 30 January 2006 long service leave accrual
will reflect the differing patterns of work of employees within Catholic
schools, whose terms of engagement may change in terms of hours of work during
their working career. To that end on and from 29 January 2006, all existing
accruals will be converted from weeks to working hours.
(c) The following
formula will be used to calculate the number of hours of long service leave
that an employee is entitled to as at 29 January 2006:
(1) all full-time employees,
as at 29 January 2006, will have their weeks of accrued long service leave
converted to hours on the basis of 1 week of accrued leave equals 38 hours of
accrued leave;
(2) all part-time
employees, as at 29 January 2006, will have their weeks of leave converted to
hours of leave by averaging their hours worked during the last 5 years of
eligible service, comparing it with the current hours worked, (i.e. as at 29
January 2006) and using the higher figure to determine the proportion the
number of hours worked by the employee bears to 38. Each week of accrued leave
is then multiplied by the determined proportion of the number of hours of work
compared to 38, and further multiplied by 38 hours to determine the accrued
leave balance in hours.
(iv) An employee
shall be entitled to take any leave accrued under subclause (ii) and subclause
(iii) of this Clause upon completion of ten years service with an employer.
Provided that an employee is further entitled to take any further leave accrued
under this Clause upon completion of each subsequent 5 years of service or as
otherwise agreed with the employer.
(v) It is the
intention of the parties that the number of hours of long service leave accrued
by the employee can be taken at the employee’s current weekly hours of work
when the long service leave is taken.
For example, an employee works full-time for their
first ten years of employment and then reduces to 19 hours per week (0.5 of
full-time) for the next five years of their employment. The employee would
accrue 494 hours of long service leave for their first ten years of service and
then 123.5 hours of long service leave over their next five years of service, a
total of 617.5 hours long service leave. If the employee works 19 hours per
week (0.5 of full-time) at the time they commence leave, the employee would be
entitled to take their 617.5 hours of long service leave over 32.5 weeks (ie.
617.5 divided by 19).
(vi) In the case of
an employee who has completed at least five years service with an employer and
the service of the employee is terminated or ceases for any reason, such
employee shall be paid their accrued leave long service leave balance
calculated in accordance with subclause (ii) and subclause (iii) of this
Clause.
(vii) The service of
an employee with an employer shall be deemed continuous notwithstanding the
service has been interrupted by reason of the employee taking approved leave
without pay (including unpaid leave in accordance with clause 19 Parental Leave
- Catholic Diocesan Employers or Clause 19A Parental Leave - Schedule A
Schools), but the period during which the service is so interrupted shall not
be taken into account in calculating the period of service for the purpose of
long service leave.
21. Long Service
Leave - Schedule B Schools
The provisions of this clause shall apply to all employees
employed at schools listed at Schedule B of Part B of this Award.
(i) Applicability
of Long Service Leave Act 1955 (NSW).
Except in so far as expressly varied by the provisions
of this clause, the provisions of the said Act shall apply to employees
employed under this award.
(ii) In respect of
service after 26 January 2004, the long service leave entitlement of an
employee shall be:
(a) in the case of
an employee who has completed ten years service, 13 weeks; and
(b) In respect of
each 5 years since the employee last became entitled to long service leave, 6.5
weeks.
(c) In the case of
an employee who has completed at least five years service with an employer where
the service of the employee is terminated or ceases for any reason, the
employee shall be paid a proportionate amount of long service leave on the
basis of 13 weeks for ten years service from 26 January 2004 and on the basis
of two months for ten years service prior to 26 January 2004.
(Note: The Long
Service Leave Act 1955 (NSW) provided for two months of long service leave
for ten years service).
(iii) The service of
an employee with an employer shall be deemed continuous notwithstanding the
service has been interrupted by reason of the employee taking approved leave
without pay leave (including paid and unpaid leave in accordance with Clause
19B Parental Leave - Schedule B Schools), but the period during which the
service is so interrupted shall not be taken into account in calculating the
period of service for the purpose of long service leave.
22. Bereavement Leave
(i) An employee
shall, on the death of the wife, husband, father, mother, parent-in-law,
brother, sister, child, step-child, grandparent or grandchild of the employee,
be entitled to leave up to and including the day of the funeral of such
relation. Such leave, for a period not
exceeding three days in respect of any such death, shall be without loss of any
ordinary pay which the employee would have received if the employee had not
been on such leave.
(ii) The rights to
such paid leave shall be dependent on compliance with the following conditions:
(a) satisfactory
evidence of such death shall be furnished by the employee to the employer; and
(b) the employee
shall not be entitled to leave under this clause in respect of any period which
coincides with any other period of leave entitlement under this award or
otherwise.
(iii) Bereavement
Leave shall be available to the employee in respect to the death of a person in
relation to whom the employee could have utilised Catholic Personal/Carer’s
Leave in Clause 18, provided that for the purpose of Bereavement Leave, the
employee need not have been responsible for the care of the person concerned.
(iv) Bereavement
Leave may be taken in conjunction with other leave available under subclauses
18.4, 18.5, 18.6 and 18.7 of Clause 18 Catholic Personal/Carer’s Leave. In determining such a request the employer
will give consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
(v) Bereavement
Entitlement for Casual Employees
(a) Casual employees
are entitled to not be available to attend work, or to leave work upon the
death in Australia in relation to whom the employee could have utilised
Catholic Personal/ Carer’s Leave in subclause 18.9, provided that for the
purpose of this bereavement entitlement, the casual employee need not have been
responsible for the care of the person concerned. A casual employee must notify
their employer as soon as practicable of their intention to access this
entitlement and may be required to provide the employer with satisfactory
evidence of such death.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage or
not engage a casual employee are otherwise not affected.
23. Jury Service
(i) A full-time or
part-time employee on weekly hiring required to attend for jury service during
their ordinary working hours shall be reimbursed by the employer an amount equal
to the difference between the amount paid in respect of their attendance for
such jury service (excluding reimbursement of expenses) and the amount of wage
they would have received in respect of the ordinary time they would have worked
had they not been on jury service.
(ii) An employee
shall notify their employer as soon as possible of the date upon which they are
required to attend for jury service.
Further, the employee shall give their employer proof of their
attendance, the duration of such attendance and the amount received in respect
of such jury service.
24. Meal Allowances
(i) Where an
employee is required to work overtime in excess of one and one half hours on
any day or shift, the employee shall be paid an amount as set out in Item 1 of
the said Table 2, for a meal or be supplied with a meal.
(ii) Any employee
required to work more than five hours overtime shall be paid a further amount
as set out in the said Item 1, or be supplied with a meal.
25. First-Aid
Allowance
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 shall be paid an
allowance as set out in Item 2 of Table 2 - Other Rates and Allowances, of Part
B; Monetary Rates, if the employee is required by an employer to perform
first-aid duty.
26. Travelling
Expenses
(i) When an
employee, in the course of their duty, is required to go to any place away from
their usual place of employment, they shall be paid all reasonable expenses
actually incurred.
(ii) When an
employee, in the course of their duty, is required other than in ordinary
working hours to go to any place away from their usual place of employment they
shall be paid all reasonable expenses actually incurred and in addition shall
be paid at the ordinary rates, for half of any time occupied in travelling
outside ordinary working hours which is in excess of the time normally occupied
by them in travelling from their home to their usual place of employment.
(iii) Any employee
required to provide a motor car shall be paid extra per week at the rate set
out in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates.
(iv) Where an
employee is required by their employer to use their own motor car on a casual
or incidental basis, they shall be paid the rate set out in Item 4 of Table 2
during such use.
(v) If the employer
provides a vehicle he/she shall pay the whole of the cost of the upkeep, registration,
insurance, maintenance and running expenses.
(vi) An employee
who, at the time of the making of this award is in receipt of remuneration, for
the use of a motorcar in excess of the rate in Item 3 or Item 4 of Table 2 -
Other Rates and Allowances, of Part B, Monetary Rates respectively shall
continue to receive such higher remuneration.
27. Miscellaneous
Conditions
(i) Meal
Facilities:
Employees shall have access to staff room facilities
for the preparation and taking of meals and tea breaks.
(ii) Uniforms and
Protective Clothing:
(a) 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 as set out in Item 5 of Table 2 - Other
Rates and Allowances, of Part B - Monetary Rates, as a laundry allowance.
(b) Where employees
are required to use chemicals or other injurious substances, they shall be
supplied with overalls or lab coats, serviceable rubber gloves, and masks, free
of charge.
(c) Protective
clothing, uniforms or rubber gloves supplied pursuant to this subclause shall
remain the property of the employer and shall be returned upon termination of
employment.
(iii) 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.
(iv) Occupational
Health and Safety During Pupil Vacation Periods
Appropriate measures will be adopted by the employer to
ensure the occupational health and safety of an employee working alone on
school premises during pupil vacation periods
28. Anti -
Discrimination
28.1 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 (NSW) 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.
28.2 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 the operations of this award are not directly or indirectly
discriminatory in their effects. It
will be consistent with the fulfilment of these obligations for the parties to
make application to vary any provision of the award, which, by its terms or
operation, has a direct or indirect discriminatory effect.
28.3 Under the Anti
Discrimination Act 1977 (NSW), 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.
28.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempt from anti discrimination legislation:
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977 (NSW);
(d) a party to this
award from pursuing matters of unlawful discrimination on any State or federal
jurisdiction.
28.5 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.
29. Disputes
Avoidance and Grievance Procedure
(i) 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. Further, the parties agree
that, 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 matter(s) in question.
(ii) Procedures
relating to grievances of individual employees:
(a) The employee is
required to notify (in writing or otherwise) the employer as to the substance
of the grievance, request a meeting with the employer for bilateral discussions
and state the remedy sought.
(b) 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.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) 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.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by a relevant union for the purpose of each procedure.
(iii) Procedures
relating to disputes etc. between employers and their employees:
(a) 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.
(b) Where it has not
been possible for an employer to resolve the question, dispute or difficulty in
the ordinary course of events at a school, the employer is required to notify
(in writing or otherwise) the employees as to the substance of the grievance
and require the employee to attend a meeting to discuss the grievance. The employee may bring another member of
staff or a representative of the relevant union to this meeting as a witness.
(c) Reasonable time
limits must be allowed for discussion at each level of authority.
(d) While a
procedure is being followed, normal work must continue.
(e) The employer may
be represented by an employer representative and the employees may be
represented by a relevant union for the purpose of each procedure.
30. Apprenticeship
Trades
(i) Limitation of
Overtime
(a) No apprentice
under the age of 18 years shall be required to work overtime unless he/she so
desires.
(b) 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.
31. Superannuation
(i) Fund
The New South Wales Non-Government Schools Superannuation
Fund shall be made available by each employer to each employee.
(ii) Definitions
For the purpose of this clause the following
definitions shall apply:
(a) "Basic
Earnings" for the purposes of this clause shall mean the minimum weekly or
hourly rate of pay prescribed for the employee by this award and the amount of
any payment made to the employee pursuant to Clause 15, Annual Leave and
Payment on Termination.
(b) "Fund"
means either
(1) the New South
Wales Non-Government Schools Superannuation Fund, or
(2) 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 including any Catholic diocesan
superannuation fund existing as at the date of this award which is approved in
accordance with the standards and is approved by the employer.
(iii) Benefits
(a) Except as
provided in paragraphs (c), (d) and (f) and (h) 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 nine (9) per cent, or other such rate as provided
by superannuation legislation from time to time, of the employee’s basic
earnings.
(b) Subject to
paragraph (d) of this subclause, contributions shall be paid at intervals in
accordance with procedures and subject to the requirements prescribed by the
relevant fund or as agreed between each employer and the trustees of a fund.
(c) An employer
shall not be required to make contributions pursuant to this clause in respect
of an employee in regard to a period when that employee is absent from his or
her employment without pay.
(d) Contributions
shall commence to be paid from the beginning of the first full pay period
commencing on or after the employee’s date of engagement.
Provided that if the employee has not applied to join a
fund within six weeks of the employee’s day of engagement the employer shall
commence to pay contributions from the beginning of the next pay period
commencing on or after the date on which the employee applies to join a Fund.
(e) The employee
shall advise the employer in writing of the employee’s application to join a fund
pursuant to this award.
(f) An employer
shall make contributions pursuant to this award in respect of
(1) casual employees
who earn in excess of $ 2,090.00 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 employees"); and
(2) qualified
employees in each ensuing year of employment with that employer.
Such contributions shall be made in respect of all days
worked by the qualified employee for the employer during that year and shall be
paid by the employer to the relevant fund at the time of issue to the employee
of his or her annual group certificate, provided that prior to the immediately
preceding 30 June the employee has applied to join a fund.
(g) Where an
employer approves a fund, other than the Non-Government Schools Superannuation
Fund, as one to which the employer will pay contributions in respect of its
employees or a class or classes of such employees within two weeks of such
approval, the employer shall notify its employees of such approval and shall,
if an employee so requests, provide the employee with a copy of the trust deed
of such fund and of a letter from the Insurance and Superannuation Commissioner
granting interim or final listing to the fund at a cost of eighty cents per
page of such copies.
(h) An employer
shall not be required to make contributions pursuant to this clause in respect
of employees aged 75 years or older; or in respect of employees aged 70 to 74
for periods where those employees have been employed for less than 40 hours in
a 30 day period within the financial year during which the contributions would
otherwise be made.
(iv) 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 (e) of sub-clause (iii)
of this clause or within three years after the last notification made by the
employee pursuant to this clause. The
employer shall only be obliged to make such contributions to the new fund where
the employer has been advised in writing:
(a) of the
employee’s application to join the other fund; and
(b) that the
employee has notified the trustees of the employee’s former fund that the
employee no longer wishes the contributions which are paid on the employee’s
behalf to be paid to that fund.
(v) Explanatory
Clause
The figure which appears in subparagraph (1) of
paragraph (f) of subclause (iii) of this clause, is calculated by the following
formula:
Level 1 employee
|
X
|
19 eight-hour days
|
casual hourly rate of pay
|
|
(1 month)
|
|
|
|
or $2,090.00, whichever is the greater.
|
32. Labour
Flexibility
(i) An employer may
direct an employee to carry out such duties as are within the limits of the employee’s
skill, competence and training consistent with the classification structure of
this award, provided that such duties are not designed to promote deskilling.
(ii) An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required, provided that the employee has been properly
trained in the use of such tools and equipment.
(iii) Any direction
issued by an employer, pursuant to subclauses (i) and (ii) of this clause,
shall be consistent with the employer’s responsibilities to provide a safe and
healthy working environment.
(iv) Employees
covered by this award shall also perform work which is incidental or peripheral
to their main tasks or functions.
33. No Extra Claims
(a) The parties
agree that the wage increases and other improvements in conditions of
employment provided for in this award are in settlement of all existing claims
made by the union for the life of this award. Notwithstanding, the parties to
the award agree to commence negotiations not less than six months prior to the
expiration of this award on the terms of future award matters.
(b) The parties
agree that the wage increases and other improvements in conditions of
employment provided for in this award are in lieu or any improvements in wages
or conditions of employment provided for under any decision of the Industrial
Relations Commission of New South Wales (including any State Wage Case
decision) handed down prior to or during the life of this award and no claim
can be made for such increases during or after the life of the this award.
34. Area, Incidence
and Duration
(i) This award
replaces the Maintenance and Outdoor Staff (Catholic Schools) (State) Award,
published 17 February 2006 (357 I.G. 1) and all variations thereof.
(ii) This award
shall apply to all employees as defined in clause 6, Wages, employed in
Catholic Schools which are situated in New South Wales, with the exception of
Loreto College Kirribilli, but shall not apply to:
(a) employees
employed in a clerical or administrative capacity or as school assistants or as
canteen staff pursuant to the School Support Staff (Archdiocese of Sydney and
Dioceses of Broken Bay and Parramatta) (State) Award 2005, the School Support
Staff (Country and Regional Dioceses) (State) Award 2005, or the School Support
Staff (Catholic Independent Schools) (State) Award 2005;
(b) persons employed
as teachers;
(c) persons employed
as a cleaner, catering employee, or in a boarding school as a housekeeper,
security employee, laundry employee or domestic employee;
(d) employees of any
cleaning, catering, security, gardening building or domestic services
contractor.
(iii) This award
shall take effect from the first full pay period on or after 1 July 2008 and
shall remain in force until 30 June 2011.
SCHEDULE A
List of Catholic
Independent Schools Covered by this award and To Whom Clauses 19a And 20 Have
Application
Berne Education Centre Lewisham
|
St Edmund’s School, Wahroonga
|
Boys Town, Engadine
|
St Edward College, East Gosford
|
Brigidine College, St Ives
|
St Gabriel’s School for Hearing Impaired Children,
|
|
Castle Hill
|
Christian Brothers High School, Lewisham
|
St Gregory’s Armenian School, Rouse Hill
|
Edmund Rice College, Wollongong
|
St Gregory’s College, Campbelltown
|
Holy Saviour School, Greenacre
|
St Josephs College, Hunters Hill
|
Mater Dei School, Camden
|
St Lucy’s School for the Blind, Wahroonga
|
Mt St Benedict High School, Pennant Hills
|
St Maroun’s School, Dulwich Hill
|
Mt St Joseph High School, Milperra
|
St Patrick’s College, Campbelltown
|
Oakhill College, Castle Hill
|
St Patrick’s College, Strathfield
|
Our Lady of Lebanon College, Harris Park
|
St Paul’s International College, Moss Vale
|
Our Lady of Mercy College, Parramatta
|
St Pius X College, Chatswood
|
Red Bend Catholic College, Forbes
|
St Scholastica’s College, Glebe
|
St Augustine’s College, Brookvale
|
Santa Sabina College, Strathfield
|
St Charbel’s College, Punchbowl
|
Trinity Catholic College, Lismore
|
St Clare’s College, Waverley
|
Waverley College, Waverley
|
St Dominic’s College, Kingswood
|
|
Note: This award applies generally to the above listed
schools. In relation to Parental Leave the provisions of Clause 19A apply. In
relation to Long Service Leave the Provisions of Clause 20 apply. In relation
to Sick Leave provided for under Clause 17, the specific provisions of
paragraph 17(i)(b) apply.
SCHEDULE B
List of Catholic
Independent Schools Covered by this Award and To Whom Clauses 19B and 21 Have Application
Chevalier College, Bowral
|
St Ignatius College, Riverview
|
Kincoppal, Rose Bay
|
St Stanislaus College, Bathurst
|
Loreto College, Normanhurst
|
St Vincent’s College, Potts Point
|
Monte Sant Angelo College, North Sydney
|
St Mary Star of the Sea College, Wollongong
|
Rosebank College, Five Dock
|
Stella Maris College, Manly
|
St Aloysius College, Milsons Point
|
|
Note: This award applies generally to the above listed
schools. In relation to Parental Leave the provisions of Clause 19B apply. In
relation to Long Service Leave the Provisions of Clause 21 apply. In relation
to Sick Leave provided for under Clause 17, the specific provisions of
paragraph 17(i)(b) apply.
PART B
MONETARY RATES
Table 1 - Wage
Rates
Step
|
|
First Full pay
|
First Full pay
|
First Full
|
|
|
period on or
|
period on or
|
pay
|
|
|
after
|
after
|
period on or after
|
|
|
1 July 2008
|
1 July 2009
|
1 July 2010
|
|
|
4%
|
4%
|
4%
|
|
|
|
|
|
1
|
|
37,362.00
|
38,856.48
|
40,410.74
|
2
|
|
37,678.16
|
39,185.29
|
40,752.70
|
3
|
|
38,391.60
|
39,927.26
|
41,524.35
|
4
|
Trade Qualified Entry Point
|
39,270.40
|
40,841.22
|
42,474.87
|
|
|
|
|
|
5
|
|
39,985.92
|
41,585.36
|
43,248.77
|
Leading Hand Allowance
No. of employees
Supervised
|
First Full pay
|
First Full pay
|
First Full
|
|
period on or
|
period on or
|
pay period on or
|
|
after 1 July 2008
|
after 1 July 2009
|
after 1 July 2010
|
|
4%
|
4%
|
4%
|
|
$
|
$
|
$
|
1-3
|
1,291.74
|
1,343.41
|
1,397.15
|
4-8
|
1,606.43
|
1,670.69
|
1,737.52
|
9+
|
2,157.08
|
2,243.36
|
2,333.09
|
Table 2 - Other
Rates and Allowances
Item
|
Clause
|
Brief Description
|
First Full pay
|
First Full pay
|
First Full
|
No
|
No
|
|
period on or
|
period on or
|
pay period on or
|
|
|
|
after 1 July 2008
|
after1 July 2009
|
after1 July2010
|
|
|
|
$
|
$
|
$
|
1
|
24
|
Overtime/Meal Allowance
|
11.74
|
11.74
|
11.74
|
2
|
25
|
First Aid Allowance
|
13.23 per week
|
13.76 per week
|
14.31 per week
|
|
|
|
2.64 per day
|
2.75 per day
|
2.86 per day
|
|
|
|
|
|
|
|
|
|
|
|
|
3
|
26(iii)
|
Own Car Allowance - For
|
|
|
|
|
|
a vehicle 1500cc under
|
99.25 per week
|
99.25 per week
|
99.25 per week
|
|
|
|
|
|
|
|
|
For a vehicle over 1500cc
|
122.72 per week
|
122.72 per week
|
122.72 per week
|
4
|
26(iv)
|
Own Car Allowance -
|
0.65 per km
|
0.65 per km
|
0.65 per km
|
|
|
For use on a casual or
|
|
|
|
|
|
incidental basis
|
|
|
|
5
|
27
|
Laundry Allowance
|
6.78 per week
|
6.78 per week
|
6.78 per week
|
|
(ii)(a)
|
|
|
|
|
Note: Items 1, 3, 4 and 5 to be adjusted for CPI Increases.
These rates have been adjusted to the September Quarter 2008. PART C
PART C
1. Redundancy
1.1 This Part shall
apply in respect of full-time and part-time persons employed in the classifications
specified by this 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 employer’s 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
(NSW), the Annual Holidays Act 1944 (NSW), 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
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify Centrelink 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 Centrelink
Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
‘Employment Separation Certificate’ in the form required by Centrelink.
4.8 Transfer to
lower paid duties
Where an employee is transferred to lower paid duties
for reasons set out in clause 2 of this part, the employee shall be entitled to
the same period of notice of transfer as the employee would have been entitled
to if the employee’s employment had been terminated, and the employer may at
the employer’s option make payment in lieu thereof of an amount equal to the
difference between the former ordinary time rate of pay and the new ordinary
time rate for the number of weeks of notice still owing.
5. Severance Pay
5.1 Where an
employee is to be terminated pursuant to clause 4 of this part, subject to
further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the following severance pay in respect of a continuous
period of service:
5.1.1 If an employee is
under 45 years of age, the employer shall pay in accordance with the following
scale:
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
5.1.2 Where an employee
is 45 years old or over, the entitlement shall be in accordance with the
following scale:
Years of Service
|
45 Years of Age and Over Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
5.1.3 ‘Weeks Pay’ means
the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over award
payments, shift penalties and allowances provided for in the relevant award.
5.1.4 Where an employee
is subject to a reduction of working hours of 6 or more hours per fortnight,
the reduction will be treated as a partial redundancy. A pro rata payment will be made in
accordance with the severance payments set out in paragraphs 5.1.1 and 5.1.2
above.
5.2 Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission of New South Wales, an employer
may pay a lesser amount (or no amount) of severance pay than that contained in
subclause 5.1.
The Industrial Relations Commission of New South Wales
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 of New South Wales, 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.
ANNEXURE A
SICK LEAVE
PORTABILITY
(Catholic Diocesan
Schools)
Part to be completed by former Catholic Employer:
______________________ was employed by the employer as a
member of the grounds and Maintenance staff
(name of employee)
and ceased work on _________________.
(Date)
At that time untaken sick leave with our Diocese over the
proceeding ______________ years of
continuous service is as follows:
...............................(date)
(SET OUT RECORD)
e.g. Last year of employment
___________________ Sick Days
Year 2 accumulation ____________________ Sick Days
Year 3 accumulation ____________________ Sick Days
Year 4 accumulation_____________________ Sick Days
Year 5 accumulation _____________________ Sick Days
Year 6 accumulation _____________________ Sick Days
(etc up to 15 years if necessary)
____________________
Employer
|
____________________
Date
|
Part to be completed by employee
Name of Employee:
Name of former Catholic Employer: _________________________________________
I, _________ _______
was formerly employed by _________________________
(Name of Employee)
|
(Name of former Catholic employer)
|
from
______________
|
to
________________
|
|
|
(date)
|
(date)
|
I commenced with the former Catholic employer on
(Date)
J.
McLEAY, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.