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New South Wales Industrial Relations Commission
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Maintenance and Outdoor Staff (Catholic Schools) (State) Award 2008`
  
Date04/24/2009
Volume367
Part4
Page No.1231
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C6925
CategoryAward
Award Code 1572  
Date Posted04/23/2009

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(1572)

(1572)

SERIAL C6925

 

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:

 

(N + 11)

x W

240

 

 

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

 

w x

2P

 

40

 

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 17 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)

 

Signature

Date

 

 

 

 

J. McLEAY, Commissioner

 

 

 

____________________

 

 

Printed by the authority of the Industrial Registrar.

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