School
Support Staff (Archdiocese of Sydney, Dioceses of Broken Bay and Parramatta)
(State) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Independent Education Union, Industrial Organisation of Employees.
(No. IRC 1977 of 2008)
Before Commissioner
McLeay
|
22 December 2008
|
AWARD
PART A
1. Arrangement
Clause No. Subject Matter
1. Arrangement
2. Title
3. Definitions
(i) Award
(ii) Basic Earnings
(iii) Employee
(iv) Full-time Employee
(v) Part-time Employee
(vi) Casual Employee
(vii) Employer
(viii) Union
4. Contract
of Employment
(i) Letter of Appointment
(ii) Stand Down-Employees on an Unaveraged Rate of Pay
(iii) Termination of Employment
(iv) Statement of Service
(v) Payment on Termination
(vi) Employees on Recurring Fixed Term Contracts for a Continuous
Period
(vii) Probation
4A. Secure
Employment
(i) Objective of this Clause
(ii) Casual Conversion
(iii) Occupational Health and Safety
(iv) Disputes Regarding the Application of this Clause
5. Redundancy
(i) Application of this Clause
(ii) Employers Duty to Notify and Discuss
(iii) Discussions before Termination
(iv) Notice for Change in Production, Program, Organisation or
Structure
(v) Severance Pay
6. Classification
(i) School Aide Level 1
(ii) School Officer (Canteen) Level 2
(iii) School Officer Levels 2 to 4
(iv) Senior School Officer Level 5
(v) Senior School Officer Level 6
(vi) Higher Duties
(vii) Appealing Classification of a Level 1 or a Level 4 Position
(viii) Mixed Functions
7. Wage Rates
(i) Wage Rates - Employees Required To Work 48 Weeks a Year (the
unaveraged rate)
(ii) Wage Rates - Employees Not Required to Work 48 Weeks of the
Year (the averaged rate)
(iii) Part-Time Employees
(iv) Rounding of Rates
8. Payment of
Wages
(i) Fortnightly Payments
(ii) Repayment of Excess Payments
(iii) Annual Remuneration
9. Work
During Pupil Vacation Periods
(i) Conditions for Working
(ii) Casual Rates Apply
(iii) Employee has prior Commitments
(iv) Occupational Health and Safety
10. Hours
(i) Ordinary Hours
(ii) Casual Employees
(iii) Part-Time Employees
(iv) Notice of Hours
(v) Part-Time employees who work not normally rostered to work
(vi) Nothing in this clause shall increase the hours of work where
employee worked less than 38 hours per week.
(vii) Make Up Time
11. Overtime
(i) Reasonable Overtime
(ii) Time Off Between Duty
(iii) Time Off in Lieu of Payment for Overtime
(iv) Minimum Payment of Two Hours
(v) Work Done on a Sunday
(vi) Unreasonable Overtime
12. Tea Break
13. Meal Break
14. Public
Holidays
(i) Public holidays for the State to be observed pursuant to
subclause (ii) of this clause
(ii) An employee who is required to work 48 weeks per year shall be
entitled to one additional day as a holiday in each calendar year.
(iii) Full-time and part-time employees shall be entitled to the
above holidays without loss of pay
(iv) Rate of Pay on a Public Holiday
15. Annual
Leave and Payment on Termination
(i) In lieu
(ii) Application of Clause
(iii) Calculations of Payments
(iv) Employees who commence Employment after the School Service Date
(v) Employees who take Approved Leave Without Pay or Parental Leave
(vi) Employees Whose Hours Have Varied
16. Annual
Leave Loading
17. Sick Leave
(i) Entitlement
(ii) Part-Time Entitlement
(iii) Accumulation of Sick Leave
(iv) Service before the date of this award
(v) Award Holidays are not Sick Leave
(vi) Portability
18. Catholic
Personal/Carer's Leave
(i) Use of Sick Leave to Provide Care and Support for a Family
Member
(ii) Use of Sick Leave for a Pressing Domestic Necessity
(iii) Notification of Intention to Take Leave
(iv) Unpaid Leave for Family Purpose
(v) Annual Leave
(vi) Entitlement for casual employees
19. Parental
Leave
(i) See Industrial Relations Act 1996
(ii) Paternity Leave
(iii) Adoption Leave
(iv) Casual Employees
(v) Right to request
(vi) Communication during parental leave
20. Maternity
Leave
21. Long
Service Leave
(i) Applicability of Long Service Leave Act 1955
(ii) Entitlement to Leave from 30 January 2006
(iii) Calculation of Accrued Leave as at 29 January 2006
22. Bereavement
Leave
23. Jury
Service
24. Meal
Allowance
25. Other
Allowances
26. Travelling
Expenses
27. Miscellaneous
Conditions
(i) Uniforms and Protective Clothing
(ii) First Aid Kit
(iii) Cleaning Equipment
(iv) Annual Medical Check-up
(v) Meal Facilities and Accommodation
(vi) Playground supervision
28. Anti
Discrimination
29. Dispute
Avoidance and Grievance Procedures
(i) Objective of Procedures
(ii) Procedures relating to grievances of individual employees
(iii) Procedures relating to disputes etc. between employers and
their employees
30. Fair
Procedures For Investigating Allegations of
Reportable Conduct and Exempt Allegations Pursuant to the Ombudsman
Act 1974
(i) Definitions
(ii) Natural Justice to employees in dealing with reportable
allegations and exempt allegations
(iii) Access to Files
(iv) Additional Documentation from Employee
(v) Confidentiality of Documents and Files
31. Superannuation
(i) Definitions
(ii) Benefits
(iii) Transfer between Funds
(iv) Explanatory Clause
32. Labour
Flexibility
33. No Extra
Claims
34. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
PART C
Level 5 School Officers - Indicative Duties
ANNEXURE A
Portability of Sick Leave
2. Title
This award shall be known as the School Support Staff
(Archdiocese of Sydney, Dioceses of Broken Bay and Parramatta) (State) Award
2008.
3. Definitions
(i) "Award"
means the School Support Staff (Archdiocese of Sydney, Dioceses of Broken Bay
and Parramatta) (State) Award 2008.
(ii) "Basic
Earnings" mean the minimum rate of pay prescribed for an employee by the
award.
(iii) "Employee"
means any employee employed in a clerical and administrative capacity and any
employee other than a teacher who is employed to assist and support the
principal, teaching staff and other school officers in the day to day functions
of the school, including incidental cleaning, but excluding those persons
employed solely for the purpose of cleaning, and excluding persons employed
under the Maintenance and Outdoor Staff (Catholic Schools) (State) Award 2003.
Employees may be engaged in the following classifications:
(a) School Aide as
defined in clause 6(i);
(b) School Officer
(Canteen) as defined in clause 6(ii);
(c) School Officers
as defined in clause 6(iii);
(d) Senior School
Officer Level 5 as defined in clause 6(iv);
(e) Senior School
Officer Level 6 as defined in clause 6(v);
Provided that employees may include school assistants
such as food technology assistants, art assistants, TAS assistants, music
assistants, agriculture assistants, print room assistants, laboratory
assistants, library/audio-visual assistants, book room assistants, bi-lingual
aides and teachers’ aides.
(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 thirty eight 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.
(viii) "Union"
means either the NSW Independent Education Union or (in relation to eligible employees)
the New South Wales Local Government, Clerical, Administrative, Energy,
Airlines and Utilities Union.
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) the
classification and rate of pay of the employee; and
(b) the number of
hours to be worked each week and the number of weeks or days to be worked
throughout the year; and
(c) a statement in
relation to superannuation entitlements.
(d) whether the
wages are averaged or unaveraged (as defined in clause 7 Wage Rates).
If there is a requirement to work during school
vacations, except in accordance with clause 9, Work During Pupil Vacation
Periods, the number of such days to be worked shall be clearly specified.
(ii) Stand Down -
Employees on an Unaveraged Rate of Pay
(a) An employee who
receives an unaveraged rate of pay in accordance with clause 7 Wage Rates 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 that
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.
(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
|
1 year and less than 3 years
|
2 weeks minimum
|
3 years and less than 5 years
|
3 weeks minimum
|
5 years and over
|
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) During the first
week of employment, the employment may be terminated by a day’s notice given by
either party.
(e) 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.
(vi) Employees on
recurring fixed term contracts for a continuous period
(a) This clause
shall apply to employees only employed under an unbroken series of fixed term
contracts for a continuous period of more than four years for specific purpose
programs.
(b) This clause
shall not apply to employees who would otherwise qualify under clause (a) but
for a break in employment of 10 or more term weeks.
(c) In analysing
eligible service (ie paid weeks), the employer will calculate the average
number of weekly hours the relevant employee has worked over the preceding four
school years. The employee will be
deemed to be a permanent employee for the equivalent of 65% of the average
number of weekly hours of the previous four years, rounded to the nearest hour,
subject to subclause (d).
(d) The number of
hours which shall be allocated to an employee on a permanent basis at the
commencement of this clause shall under subclause (c) shall not be more than
the average number of hours worked by the employee in the fourth year of the
calculation in subclause (c).
(e) For employees
employed at the date of the making of this award, the calculation in subclause
(c) will be for the hours worked by the employee for the period of four years
concluding at the end of the 2008 school year.
(f) For employees
who newly qualify under subclause (a) during the life of this award, employers
will calculate the average hours worked in accordance with subclause (c).
(g) Where an
employee works hours in excess of the permanent hours calculated in subclause
(c), the employee will be employed for those additional hours on a temporary
basis. The additional hours will not be
guaranteed and will not attract overtime payments unless they exceed the
ordinary hours for a full-time employee as defined in this award.
(h) To give effect
to this clause, an employee shall undertake any duties that fall within the
classification structure in clause 6 provided that the employee has the skill,
competence and training to perform the required duties. Such duties may be within the same school or
another school within a reasonable distance consistent with diocesan practices.
(i) This clause
will take effect from the beginning of the 2009 school year. The employers will
have until 30 June 2009 to implement this clause. Following this transition
period in 2009, clause (a) will have effect for other eligible employees on the
conclusion of four continuous years service.
(j) Redundancy will
be payable in accordance with clause 5 of this award only when there is a
reduction in the permanent hours of employment. Redundancy will not be payable for a reduction of hours worked in
excess of the employee’s permanent working hours.
(k) Should any
issues arise in relation to the implementation of this clause, the parties
agree that such issues will be discussed between the union and the employer at
the Diocesan level.
(l) If any employer
has, or puts into place, arrangements which, by agreement with the Union, are
more generous than those provided for in this clause, those arrangements will
continue to apply.
(vii) Probation
The first three months of employment will constitute a
probationary period; provided that the probationary period is agreed to by the
employer and employee in advance of the commencement of employment.
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
(i) Application of
this Clause
(a) This clause
shall apply in respect of full-time and part-time persons employed in the
classifications specified by the award.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) Notwithstanding
anything contained elsewhere in this award, the provisions of this clause 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.
(d) This clause
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.
(ii) Employers Duty
to Notify and Discuss
(a) 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.
(b) 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.
(c) ‘Significant
effects’ include termination of employment, major changes in the composition,
operation or size of the employers workforce or in the skills required, the elimination
or diminution of job opportunities, promotion opportunities or job tenure, the
alteration of hours of work, the need for retraining or transfer of employees
to other work or locations and the restructuring of jobs.
(iii) Discussions
before Termination
(a) 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.
(b) 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 (a) 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.
(c) 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.
(iv) Notice for
Change in Production, Program, Organisation or Structure
(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 subclause (ii) of clause 5 Redundancy.
(2) 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
|
(3) 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) 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.
(a) 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 subclause (ii) of clause 5 Redundancy.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(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.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
(b) Time off during
the notice period
(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.
(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.
(c) 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.
(d) 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.
(e) Notice to
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify Centrelink 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.
(f) 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.
(g) Transfer to
lower paid duties
Where an employee is transferred to lower paid duties
for reasons set out in subclause (ii) of clause 6 Redundancy, 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.
(v) Severance Pay
(a) Where an
employee is to be terminated pursuant to subclause (iv) of clause 5 Redundancy,
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:
(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
|
(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
|
(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.
(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 subclauses (v)(a)(1) and
(v)(a)(2) above.
(b) Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause (v)(a).
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in subclause (v)(a)
above will have on the employer.
(c) Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause (v)(a)
if the employer obtains acceptable alternative employment for an employee.
6. Classification
(i) School Aide
Level 1
(a) School Aide positions
may be established at schools subject to the following conditions. Employees
appointed as School Aides shall not progress to higher levels, provided that
employees may, at any time, apply for reclassification to a higher level.
School Aide positions shall be supervised in the performance of duties either
by a teacher or a School Officer.
(b) School Aides
include Canteen and Uniform Shop Staff
Schools may establish non-supervisory Level 1 positions
in Canteens and Uniform shops. Canteen and Uniform Shop staff will be defined
as School Aides throughout this award.
(c) School Aides
provide administrative support and may perform the following supervised duties:
Filing;
Collating;
Operation of photocopying, duplicating, binding and
facsimile machines;
Messenger Work;
Handling mail;
Checking figures;
Basic assistance to other school officers in food
preparation for food technology;
Basic care of flora and fauna;
Shopping;
Toileting;
Unpacking, checking and sorting of gear;
Occasional relief for reception duties;
Checking books in and out;
Non-education related excursion preparation;
Setting up of rooms for exams or displays;
Supervised canteen and uniform shop duties.
Provided that the duties of a School Aide do not constitute
the work of a position that would ordinarily attract the classification of a
School Officer.
(d) Mid Term Review
It is a term of this award that the Independent
Education Union and the Catholic Commission for Employment Relations, on behalf
of the diocesan employers, shall conduct a review of the number of School Aide
(excepting School Aides who work in the canteen or uniform shop) positions
established and the nature of the work performed. This review shall commence
not later than Term 2, 2007.
(ii) School Officer
(Canteen) Level 2
An employee who has responsibility for the operation of
the canteen or uniform shop and, where relevant, supervision of other employees
or volunteers, shall be classified at Level 2 of this award with no
progression. All other employees
working in the canteen shall be appointed at Level 1.
(iii) School Officer
Levels 2 to 4
(a) Other than
appointments made in accordance with subclauses (i), (ii), (iv) and (v) of this
clause, employees employed under this award shall be initially appointed at
Level 2. Initial appointment may be made at Levels 3 and 4 at the employer’s
discretion. Such employees shall progress to the next level upon completion of
12 months service (where 12 months service is defined at clause 6(iii)(f)) up
to and including Level 4. Access to Levels 5 and 6 shall be by appointment
only.
(b) Translocation
Employees who were classified at Level 2 immediately
prior to the first full pay period on or after 28 January 2005 and had completed
12 months service at Level 2 shall be reclassified as Level 2a on and from that
date. Employees who were classified at Level 3 immediately prior to the first
full pay period on or after 28 January 2005 and had completed 12 months service
at level 3 shall be reclassified as Level 3a on and from that date.
(c) Progression
Subject to clause 6(iii)(b) employees shall progress to
the next Level, up to Level 4, upon completion of each 12 months service.
(d) Dissolution of
Levels 2a and 3a as at 1 July 2008
The parties agree that the interim Levels 2a and 3a
have been introduced as interim classification levels that will cease to exist
as at 1 July 2008. Employees who are classified as Levels 2a and 3a on 1 July
2008 shall be reclassified as Level 3 and Level 4, respectively, from the first
full pay period on or after that date.
(e) Duties of School
Officers
Employees may be required to perform the full range of
School Officer duties that exist in schools other than those required of a
Level 5 and a Level 6 Senior School Officer. Employees under this award shall
not be deployed instead of a teacher to conduct classroom lessons.
(f) Definition of
12 months service
For the purpose of this subclause 12 months service is
defined as 12 months service excluding unpaid leave, provided that where a
full-time or a part-time employee works 4 school terms in a given year such
employees will be regarded as having worked 12 months.
(iv) Senior School
Officer Level 5
(a) An employee may
be appointed as a Senior School Officer Level 5. A Senior School, Officer can
be called upon to perform the entire range of duties and possess the skills
required of a level 4 employee in addition to the criteria outlined at
paragraph (b) of this subclause.
(b) A Level 5 position
is one where the employee:
(1) undertakes
duties similar to those indicative duties listed in Part C Level 5 School
Officer Indicative Duties.
(2) possesses a
knowledge of workplace procedures and of the practices required by the employer
including a detailed knowledge of complex procedures relevant to the position;
and
(3) has
responsibility for the quality of their own work and, where appropriate, the
work of those who are supervised; and
(4) resolves complex
operational problems and coordinates the work within a department of the
school; and
(5) assists in
planning future department or school organisational needs; and
(6) in conjunction
with the teacher, plans teaching programs, prepares reports for parents,
assists with the assessment and appraisal of students and may purchase
resources; and
(7) has completed
post secondary training provided by an accredited training provider relevant to
the tasks required by the employer for this Level, or has engaged in extensive
equivalent inservice training, or has significant and substantial technical and
procedural knowledge which is regarded by the employer to be equivalent to the
required post secondary training.
(v) Senior School
Officer Level 6
An employer may appoint a Senior School Officer Level 6.
A Senior School Officer Level 6 employed at this level shall be proficient
where applicable and without limiting the requirements for this position a
Senior School Officer Level 6 at this level can be required by the employer to:
(a) perform the
entire range of duties and possess the skills required of a Level 4 employee;
and
(b) exercise
substantial responsibility, independent judgment and initiative with a detailed
knowledge of complex office procedures; and
(c) have and utilise
advanced skills and knowledge in the operation of complex equipment and
procedures; and
(d) have completed
relevant post-secondary training or have significant and substantial technical
and procedural knowledge and skill which may be deemed by the employer as being
comparable with post-secondary training; and
(e) resolve
operational problems for staff and coordinate work within a section of the
office; monitor work quality of those supervised; be responsible for those
supervised; assist in planning future sectional/office-organisational or
resources and equipment needs.
(vi) Higher Duties
A School Officer required to temporarily perform duties
of a Senior School Officer for more than one day shall be paid at the higher level
for the whole period during which those duties are performed.
(vii) Appealing
Classification of a Level 1 or a Level 4 Position
An employee who believes that their Level 1 or Level 4
position is incorrectly classified may appeal their classification in
accordance with Diocesan procedures. Provided that the employer will provide a
response to such appeal no later than one month after it is received and the
employer shall provide reasons for refusing any such appeal. The success of the
application shall depend upon the employee’s satisfaction of the range of
duties performed and the employee’s skills and qualifications. Appointment to a
new Level shall take effect from the first full pay period on or after the
employer approves the application.
(viii) Mixed Functions
(a) Subject to the
employee’s written agreement, an employee may be employed to perform work in
two positions under Clause 6 of this award.
(b) The employee
must be informed in writing of the days and hours they will perform work in
each separate position.
(c) The employee
will be paid the hourly rate applicable to the position under Clause 6 of the
Award for the work they perform.
7. Wage Rates
Employees may be engaged to work either 48 weeks per year or
during school terms only.
(i) Wage Rates -
Employees Required To Work 48 Weeks A Year (the unaveraged rate)
(a) Full-time
Employees
The minimum weekly rate of pay for full-time employees
shall, subject to the 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.
(b) 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 paragraph (a) of this subclause, for the
class of work performed by them.
(c) 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 paragraph (a) of this subclause, for the
class of work performed by them, plus 20 percent of such hourly equivalent,
which is inclusive of compensation for Annual Leave under the Annual
Holidays Act, 1944.
(2) Casual employees
shall be paid a minimum payment of 3 hours for each start; provided that an
employee employed for specific programs such as integration programs, ESL, DSP,
new arrivals programs or like programs, whether government funded or funded by
the school or Diocese, shall be paid for a minimum of 1 hour for each start.
(3) Notwithstanding
7 (i) (c) (2), the minimum start for employees undertaking the following duties
shall be one hour:
Assisting a disabled student to alight from, or board,
a bus;
Traffic control;
Tube-feeding or dispensing medicine to a student.
However, no employee shall have their hours of
employment or remuneration as at 1 July 2008 reduced by reason of the coming
into operation of this clause.
(4) This clause will
not apply in situations where written agreement has been reached between the
employer and the union to reduce the minimum number of hours required for each
start. Such agreement shall include the school covered, the employees, their
classification, the duties subject to the agreement, and the term of the
agreement. The agreement shall be signed by the General Secretary of the union
or their authorised delegate.
(ii) Wage Rates -
Employees Not Required to Work 48 Weeks of the Year (the averaged rate)
The provisions of this subclause shall apply to
employees required to work school terms only (not including additional days
worked pursuant to the provisions of Clause 9).
(a) Full-time and
part-time employees who are not required to work 48 weeks a year shall be paid
in accordance the following formula:
0.9 x W
Where W = weekly rate for employees required to work 48
weeks per year determined in accordance
with paragraph (a) of subclause (i) of this clause
(b) Part-time employees
not required to work 48 weeks of the year and not stood down, for each hour
worked during ordinary time, shall be paid one thirty-eighth of the minimum
weekly wage calculated in accordance with paragraph (a) of this subclause, for
the class of work performed by them.
(c) The rate of pay
of an employee determined by paragraphs (a) and (b) of this subclause shall be
the appropriate rate for all purposes.
However, such rate shall not be used in the calculation of casual and
overtime rates of pay which may be payable to the employee.
(iii) Part-Time
Employees
(a) Part-time
employees shall be paid a minimum of 3 hours for each start; provided that an
employee employed for specific programs such as integration programs, ESL, DSP,
new arrivals programs or like programs, whether government funded or funded by
the school or Diocese, shall be paid for a minimum of 1 hour for each start.
(b) Notwithstanding
7 (iii) (a), the minimum start for employees undertaking the following duties
shall be one hour:
Assisting a disabled student to alight from, or board,
a bus;
Traffic control;
Tube-feeding or dispensing medicine to a student.
However, no employee shall have their hours of
employment or remuneration as at 1 July 2008 reduced by reason of the coming into
operation of this clause.
(c) This clause will
not apply in situations where written agreement has been reached between the
employer and the union to reduce the minimum number of hours required for each
start. Such agreement shall include the school covered, the employees, their
classification, the duties subject to the agreement, and the term of the
agreement. The agreement shall be signed by the General Secretary of the union
or their authorised delegate.
(d) 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
subclause 5 (v) of this Award.
(iv) 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.
8. Payment of Wages
(i) Fortnightly
Payments
Wages shall be paid fortnightly in ordinary working time
by electronic funds transfer into an account nominated by the employee.
(ii) Repayment of
Excess Payments
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.
(iii) Annual
Remuneration
(a) Notwithstanding
sub-clause (i) and (ii) 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 7, Wage Rates.
(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 sub-clause.
(c) Any payment
calculated by reference to the employee’s salary and payable either:
(1) during
employment; or
(2) on termination
of employment; or
(3) on death
shall be at the rate prescribed by clause 7, Wage
Rates.
9. Work During Pupil
Vacation Periods
The parties to the award agree that the needs of a school
may require work to be performed during periods of pupil vacation and that
there is an expectation that employees will be flexible to ensure that such
needs are met even though this may necessitate attendance at school during
periods of pupil vacation. Pupil
vacation periods do not mean 'student-free days' on which teachers attend work.
(i) Conditions for
Working
The parties to the award agree that employees can be
required to work up to seven days per school year. Work during pupil vacations
is subject to the following guidelines:
(a) the employer
gives the employee 4 term weeks written notice of the requirement to work
during the pupil vacation period;
(b) the notice is
specific as to the time the employee is to work during the pupil vacation
period;
(c) the employee
cannot be required to work during the period of their 4 weeks' annual leave
during the Christmas pupil vacation period.
Public holidays extend the actual period of time off work during the
December/January closedown;
(d) the employee
cannot be required to work on days other than their normal working days per
week and their normal working hours on those days;
(e) Notwithstanding
the above provisions an employee may agree to waive the conditions found in
subparagraphs (a), (b), (c) and (d) of this clause.
(ii) Casual Rates
Apply
The employee is paid for each pupil vacation day at the
appropriate casual rate of pay for the employee's level. If an employee is notified by the employer
in accordance with sub clause (a) of this clause and then not required to work
on any day notified they will be paid at the appropriate part-time rate of pay
for the employee's level for that period(s);
(iii) Employee has
prior Commitments
(a) If an employee
is unable to work during a particular week during a pupil vacation period
because of family commitments or other activities planned during that week, the
employee shall give the employer notice of
their unavailability for that particular week. This would be given at the time the employer advises of the
requirement to work during the pupil vacation.
(b) If despite the
notice of the employee's unavailability to work during one particular week in
the pupil vacation period in accordance with subclause (a), an employer still
requires the employee to work during that particular week, discussions will be
held between the employer and the employee and/or their industrial
representatives.
(iv) Occupational
Health and Safety
For the purpose of this clause, an employee shall not
be required to be the only person present at the school
10. Hours
(i) Ordinary Hours:
The ordinary hours of work, of a full-time employee exclusive
of meal breaks shall not without the payment of overtime exceed 38 per week and
shall be worked between the hours of 7.30 am. and 6.00 pm., Monday to Friday
inclusive, and between the hours of 7.30 am. and 12 noon on a Saturday.
(ii) 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.
(iii) Part-time
Employees:
The spread of ordinary hours of work, exclusive of meal
time, shall not exceed 8 hours per day.
(iv) Notice of
Hours:
The employer shall fix the employee’s ordinary hours of
work and the ordinary time of meal breaks which shall be displayed in a
conspicuous place accessible to the employees or in their contract of
employment and such hours shall not be changed, without payment of overtime for
work done outside the fixed hours, unless seven days’ notice of any change of
hours is given by the employer to the employee. Provided that such seven days’ notice shall not be required if
any change of hours is by mutual agreement between the employer and the employee.
(v) Part-time
employees who work on days the employee is not normally rostered to work shall
be paid at the casual rate in accordance with clause 7(i)(c).
(vi) 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.
(vii) Make Up Time
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.
11. Overtime
(i) Subject to the
provisions of subclause (vi) of this clause an employer may require an employee
to work reasonable overtime at overtime rates.
All time required by the employer to be worked outside the ordinary
hours of work prescribed by clause 10, Hours, shall be overtime and shall be
paid for at the un-averaged rate of time and one-half for the first two hours
and double time thereafter; provided that overtime at the rate of double time
shall be paid for all overtime worked between midnight Friday and midnight
Sunday. Provided further that in
computing overtime each day’s work shall stand alone.
(ii) When overtime
work is necessary it shall, wherever reasonably practicable, be so arranged
that employees have at least ten consecutive hours off duty between the work of
successive days. 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. If on the instruction of the employer such
an employee resumes or continues work without having had such ten consecutive
hours off duty, they shall be paid at double rates until they are released from
duty for such period and 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.
(iii) 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. Provided that such election and agreement shall be
evidenced in writing and kept with the time and wages records.
(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.
(iv) An employee
required to attend the employer’s premises for a reason other than carrying out
rostered duties after leaving the place of employment (whether notified before
or after leaving the place of employment) shall be paid a minimum of two hours
pay at the appropriate rate for each such attendance.
Provided that 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.
(v) For work done on
a Sunday double ordinary time with a minimum payment for four hours’ work shall
be paid.
(vi) 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. 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
A meal break of between half an hour and one 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 gazetted public holidays specified in subclause (i) of this clause, an
employee who is required to work 48 weeks per year 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.
(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) This clause
will only apply to employees who are paid in accordance with subclause (ii) of
Clause 7, Wage Rates. For all other
employees, annual leave and payment on termination provisions are governed by
the Annual Holidays Act 1944.
For employees paid in accordance with subclause (ii) of
Clause 7, Wage Rates this clause will apply:
(a) in lieu of the
corresponding provisions of the Annual Holidays Act 1944; and
(b) notwithstanding
any other provisions in this award.
(ii) The provisions
of this clause shall apply as set out in the relevant sub-clauses where:
(a) an employee’s
employment ceases
(b) an employee
commences employment after the school service date;
(c) an employee
takes approved leave without pay or parental leave for a period which (in
total) exceeds 20 pupil days in any year; or
(d) the working
hours of the employee have varied since the school service date.
(iii) Calculation of
Payments
(a) A payment made
pursuant to paragraph (a), (b) or (c) of sub-clause 15(ii) 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
(b) A payment made
pursuant to paragraph (d) of sub-clause 15(ii) 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
(c) For the purpose
of this clause:
(i) "School
Service Date" means the usual commencement date of employment at the
school for employees covered by this award commencing in term 1.
(iv) Employees who
commence Employment after the School Service Date
(a) 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 sub-clause 15(iii) of this clause and
shall receive no other salary until his or her return to work in the following
school year.
(b) 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.
(v) 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:
(a) 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.
(b) If the leave is to
conclude in a school year following the school year in which the leave
commenced:
(i) 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
(ii) 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.
(c) Where an
employee who has received a payment pursuant to paragraph (b) of this
sub-clause 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:
(i) by applying for
formula in sub-clause 15(iii) as if no payment had been made to the employee at
the commencement of leave;
(ii) by deducting
from that amount the amount earlier paid to the employee.
(vi) 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:
(a) the amount due
pursuant to the formula in paragraph (b) of sub-clause 15(iii) shall be
calculated; and
(b) 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).
(vii) Notwithstanding
the provisions of paragraph (a) of subclause 15(i) an employee shall not
pursuant to this clause, 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, in respect of a year of employment.
16. Annual Leave
Loading
(i) In this clause
the Annual Holidays Act, 1944, is referred to as "the Act".
(ii) Where an
employee is given and takes their annual holiday, or, where by agreement between
the employer and employee the annual holiday is given and taken in more than
one separate period, then before each of such separate periods, the employer
shall pay their employee a loading determined in accordance with this clause.
(iii) The loading is
payable in addition to the pay for the period of holiday given and taken and
due to the employee under the Act and this award.
(iv) The loading is
to be calculated in relation to any period of annual holiday to which the
employee becomes entitled under the Act and this award, or, where such a
holiday is given and taken in separate periods then in relation to each such
separate period. NOTE: See subclause
(vi) of this clause, as to holidays taken wholly or partly in advance.
(v) The loading is
the amount payable for the period or the separate period, as the case may be,
stated in subclause (iv) of this clause, at the rate per week of 17½ per cent
of the appropriate ordinary weekly time rate of pay prescribed by this award
for the classification in which the employee was employed immediately before
commencing their annual holiday, 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.
(c) Where an
employee receives a payment pursuant to paragraph (a) of subclause 15(iii), of
clause 15, Annual Leave and Payment on Termination, the employee shall be
entitled to be paid for that part of 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) 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.
17. Sick Leave
(i) An employee
shall be entitled to fifteen days’ sick leave on full pay upon each anniversary
of their continuous service which occurs after the first full pay period on or
after 6 June 2005. The taking of sick leave, 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 twenty-four
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.
(d) 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 1 January 2001 and immediately prior to the employee’s
anniversary of continuing service which occurred after the first full pay period on or after 6 June
2005 the sick leave entitlement was ten (10) days during the first year and
twelve (12) days during the second and subsequent years; and
(2) that for years
of service completed before 1 January 2001 the sick leave entitlement was seven
(7) days during the first year and ten (10)
days during the second and subsequent years.
(ii)
(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.
(iii) 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 an employer shall not be
bound to credit an employee for sick leave which accrued more than fifteen
years before the end of the last completed year of service and the maximum
accrual of sick leave (including both current and accumulated) shall be 154
days.
(iv) Service before
the date of this award shall be counted for the purpose of assessing the annual
sick leave entitlement but shall not be taken into consideration in arriving at
the period of accumulated leave.
Accumulated leave at the credit of the employee at the commencement of
this award will not be increased or reduced by the operation of this clause.
(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
(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 a Diocese, shall be
entitled to portability of sick leave in accordance with this subclause.
(b) Untaken sick
leave which has accumulated in accordance with subclause (iii) of this clause
shall be credited to the employee as their accumulated sick leave on their
commencement of their 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 Diocese 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) For the purposes
of this subclause "Catholic Diocesan Employer" shall mean the
Archdioceses of Sydney and Canberra/Goulburn, the Dioceses of Broken Bay,
Parramatta, Armidale, Bathurst, Lismore, Maitland/Newcastle, Wilcannia/Forbes,
Wagga Wagga and Wollongong.
(e) 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
(i) 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.
(ii) 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 (i)(c)(2).
(c) Where an
employee, other than a casual employee, is not entitled to utilise sick leave
credits pursuant to paragraph 18 (i)(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 (i)(c)(2).
(d) The yearly
entitlement for the purpose of pressing domestic necessity in paragraph
18(ii)(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.
(iii) Notification
of Intention to Take Leave
In relation to sub-clauses 18 (i) and 18 (ii), 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.
(iv) 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 (i)(c)(2) or paragraph 18 (ii)(c) who is ill or
who requires care due to an unexpected emergency.
(v) 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
(vi) Entitlement for
casual employees
(a) Subject to the
requirements in paragraph 18(i)(b) and subclause 18(iii), 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 18 (i)(c) (2) or 18(ii)(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
(i) See Industrial
Relations Act 1996.
(ii) 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(i)(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(i)(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(ii)(c) above.
(iii) Adoption Leave
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
Clause 20 in relation to paid maternity leave.
Provided further that adoption leave shall only be payable in respect of
one adopting parent of a child.
(iv) 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.
(v) 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 (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 19(v)(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.
(vi) 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 (a).
20. Maternity Leave
(i) An employee who
applies for maternity leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996, and is granted maternity leave for a period of fourteen
weeks or longer by the employer and commences maternity leave on or after 12
April 2005, shall be entitled to maternity leave in accordance with this
sub-clause. Provided that the maternity leave shall commence 4 weeks prior to
the anticipated date of birth and conclude not more than 12 months after the
date of commencement of the maternity leave.
(ii) 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).
(iii) The employee
may elect to be paid during the period of paid leave in subclause (b) of this
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.
(iv) Where an employee
applies for a lump sum payment in advance under subclause (c) of this clause,
the teacher shall give the employer at least one month’s notice of intention.
(v) 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.
(vi) 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.
(vii) 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.
(viii) Except as
varied by this clause, Part 4 of Chapter 2 of the Industrial Relations Act
1996 shall apply.
21. Long Service
Leave
(i) Applicability
of Long Service Leave Act 1955
Except in so far as expressly varied by the provisions
of this clause, the provisions of the Act shall apply to employees employed
under this Award.
(ii) Entitlement to
leave from 30 January 2006
Subject to sub-clause (iii) of this award, 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 an employee who
works thirty eight hours per week. (NB that this definition is 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 1 January 2001
|
.866 weeks per
year.
|
1 January 2001 to 29 January 2006
|
1.3 weeks per year.
|
|
|
(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 29 January 2006, all existing accruals
will be converted from weeks to 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 unpaid leave in
accordance with clause 19 Parental Leave, 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. An employee shall be entitled to leave in
accordance with this subclause together with leave pursuant to subclause (iii)
of this clause.
22. Bereavement Leave
(i) An employee
shall on the death of a spouse, father, mother, father-in-law, mother-in-law,
grandparent, brother, sister, child, step-child or grandchild, of the employee,
be entitled to paid leave up to and including the day of the funeral of such
relative. Such leave shall not exceed three days in respect. An employee may be
required to provide the employer with satisfactory evidence of such death.
(ii) Where the
employee takes bereavement leave in accordance with subclause (i) of this
clause, an employer in their absolute discretion may grant the employee
additional leave without pay or leave with pay.
(iii) Where the
employee requests leave to attend a funeral of a person not specified in
subclause (i) the employer in their absolute discretion may grant the employee
leave as leave without pay or bereavement leave with pay.
(iv) Where an
employer grants an employee leave with pay in accordance with subclauses (ii)
or (iii) of this clause, such leave will be deducted from the employee’s
entitlement to sick leave in accordance with clause 17, Sick Leave.
(v) An employee
shall not be entitled to leave under this clause in respect of any period which coincides with any other period of
paid leave entitlement under this award or otherwise.
(vi) 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 Personal/Carer’s Leave in
Clause 18, provided that for the purposes of Bereavement Leave, the employee
need not have been responsible for the care of the person concerned.
(vii) Bereavement
Leave may be taken in conjunction with other leave available under subclauses
18(iv), 18(v), 18(vi) and 18(vii) 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 school.
(viii) 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 of a person in
relation to whom the employee could have utilised Catholic Personal/ Carer’s
Leave in subclause 18(vi) 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 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) An employee
required to attend for jury service during ordinary working hours shall be
provided with paid leave for this purpose.
The employee shall be required to reimburse to the employer any monies
payable to the employee for such attendance (excluding reimbursement of
expenses) which required the employee’s absence from school.
(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
An employee working overtime shall be paid a meal allowance
in any of the following circumstances:
(i) When required
to work beyond 6.00 pm. - the rate set by Item 1 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
(ii) If overtime
continues beyond 10.00 pm. - the rate set by Item 1 of Table 2 in Part B;
(iii) Where the
employee agrees, an employer may supply his/her employees with a suitable meal
in which case the allowance set out in paragraphs (a) and (b) of this clause
shall not be payable;
(iv) Meal allowances
shall be paid not later than the next succeeding working day, except by mutual
arrangement.
25. Other Allowances
An eligible employee may only be paid one of the following
allowances.
(i) Mixed Health
Allowance
(a) An employee who;
(1) 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 and has been required by an employer to perform first-aid duty; and
(2) is required by
an employer from time to time to perform, or supervise, health care procedures
on pupils of the school;
shall be paid an allowance set out in Item 2 of Table 2
- Other Rates and Allowances, of Part B, Monetary Rates.
(b) A person who
receives this allowance can also be called upon to dispense medication to
pupils, or to supervise a pupil who self-administers medication.
(c) This allowance
is not paid when an employee takes extended leave. Extended leave is any
approved leave greater than 4 weeks.
(ii) First Aid Allowance
(a) 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 3 of Table
2 - Other Rates and Allowances, of Part B, Monetary Rates, if the employee is
required by the employer to perform first-aid duty.
(b) A person who
receives this allowance can also be called on to dispense medication to pupils,
or to supervise a pupil who self administers medication.
(c) This allowance
is not paid when an employee takes extended leave. Extended leave is any
approved leave greater than 4 weeks.
(iii) Health Care
Procedures Allowance
(a) An employee who is
required by an employer from time to time to perform, or supervise, health care
procedures on pupils of the school, shall be paid an allowance set out in Item
4 of Table 3 - Other Rates and Allowances, of Part B, Monetary Rates.
(b) All health care
procedures will be in accordance with a medical plan developed by the pupil’s
treating practitioner and provided to the employer from the pupil’s
parent(s)/guardian(s)/caregiver(s). For the purposes of this allowance a health
care procedure means any one or more of the following:
(i) Tube feeding
This includes feeding via a gastromostomy or
naso-gastic tube but does not include tube insertion.
(ii) Suctioning
This includes shallow suctioning including removal of
secretions from the mouth, nose or around the tracheostomy tube. This does not
include tracheostomy tube changes.
(iii) Assisted
toileting
This includes assisting with self catherisation or
catheter drainage equipment (urethral or suprapubic) and aerating/emptying a
colostomy bad. This does not include the insertion of an indwelling urinary
catheter.
(c) This allowance
is only paid when:
(i) such procedures
and/or supervision is required by the employers; and
(ii) the employee
is on duty.
(d) An employee who
receives this allowance may also be called upon to dispense medication to
pupils or supervise a pupil who self administers medication.
(iv) Medication
Allowance
(a) An employee is
required by an employer from time to time to dispense medication to pupils of the
school, or is required to supervise a pupil, who self-administers medication,
shall be paid an allowance set out in Item 5 of Table 5 - Other Rates and
Allowances, of Part B, Monetary Rates.
(b) This allowance
is only paid when:
(i) such procedures
and/or supervision is required by the employer; and
(ii) the employee
is on 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 6 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 as set out in Item 7 of the
said Table 2, for 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.
27. Miscellaneous
Conditions
(i) Uniforms and
Protective Clothing:
(a) In the event of
an employee being required to wear a uniform, including laboratory coats 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 8 of Table 2 - Other Rates and Allowances, of Part B - Monetary
Rates, as a laundry allowance.
(b) Where employees
are required to work in laboratories and 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) Where it is
necessary or customary for employees to change their dress or uniform, suitable
dressing rooms and dressing accommodation and individual lockable lockers shall
be provided.
(d) Protective
clothing, uniforms, or rubber gloves supplied pursuant to this award shall
remain the property of the employer and shall be returned upon termination of
employment.
(ii) First Aid Kit
A first-aid kit shall be supplied and readily available
to all employees.
(iiii) Cleaning
Equipment
All materials, equipment, etc., required for cleaning
purposes shall be supplied by the employer.
(iv) Annual Medical
Check-up
Employees who work regularly in a laboratory using
chemicals on a regular basis and/or continuous basis, may request an annual
medical check-up at the employer’s expense.
(v) Meal Facilities
and Accommodation
Employees shall be supplied with facilities for tea
making and heating food. Employers shall allow employees to partake of their
meals or tea breaks in a suitable place protected from the weather (ie. a staff
room) and employees shall leave such place in a thoroughly clean condition.
(vi) Playground
supervision
Employees may only be required to perform playground
supervision where the employer has developed and implemented a playground
supervision policy in consultation with the Independent Education Union. Such a
policy must contain provisions that:
a. Specify the
levels of training to be provided to employees;
b. Ensure
appropriate levels of support and assistance;
c. Recognise that
the introduction of playground supervision should not increase existing workloads
of employees without commensurate increases in their paid hours of work unless
playground supervision takes the place of another of the employee’s tasks.
This requirement will not apply where employees were
already undertaking playground supervision as at 1 July 2008.
28. Anti -
Discrimination
(i) It is the
intention of the parties bound by this award to seek to achieve the objective
of section 3(f) of the Industrial Relations Act 1996 to prevent and eliminate
discrimination in the workplace. This
includes discrimination on the grounds of race, sex, marital status,
disability, homosexuality, transgender identity, age and responsibilities as a
carer.
(ii) 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.
(iii) Under the Anti
Discrimination Act 1977, it is unlawful to victimise an employee because
the employee has made or may make or has been involved in a complaint of
unlawful discrimination or harassment.
(iv) Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempt for 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;
(d) a party to this
award from pursuing matters of unlawful discrimination on any State or federal
jurisdiction.
(v) 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 Procedures
(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. Fair Procedures
for Investigating Allegations of Reportable Conduct and Exempt Allegations
Pursuant to the Ombudsman Act 1974
(i) Definitions
For the purpose of this clause:
"Child" means a person under the age of 18
years.
"Reportable Conduct" as defined in the Ombudsman
Act 1974 means:
(a) Any sexual offence,
or sexual misconduct, committed against, with or in the presence of a child
(including a child pornography offence), or
(b) Any assault, ill
treatment or neglect of a child, or
(c) Any behaviour
that causes psychological harm to a child,
whether or not, in any case, with the consent of the
child.
"Exempt Allegation" means an allegation to
which one or more of the exemptions to reportable conduct pursuant to the Ombudsman
Act 1974 applies. These exemptions
are:
(a) conduct that is
reasonable for the purpose of the discipline, management or care of children,
having regard to the age, maturity, health or other characteristics of the
children and to any relevant codes of conduct or professional standards, or
(b) the use of
physical force that, in all the circumstances, is trivial and negligible, but
only if the matter is to be investigated and the result of the investigation
recorded under workplace employment procedures, or
(c) conduct of a
class or kind exempted from being reportable conduct by the Ombudsman under
section 25CA of the Ombudsman Act 1974.
"Reportable allegation" means an allegation
of reportable conduct against an employee or an allegation of misconduct that
may involve reportable conduct.
(ii) Natural
Justice to employees in dealing with reportable allegations and exempt
allegations
An employee, against whom a reportable allegation or an
exempt allegation has been made in the course of employment, is to be informed by
his or her employer (or the person delegated by his or her employer to do so)
of the reportable allegation or exempt allegation made against them and be
given:
(a) an opportunity
to respond to the reportable allegation or exempt allegation; and
(b) sufficient
information to enable them to respond to the matters alleged against
him/her. He or she must be given full
details unless the Police or other government agency involved in the
investigation of the matters alleged against the employee, have otherwise
directed the employer not to do so.
Where an interview is required, the employee shall be
advised in advance of the general purpose of any interview relevant to the
reportable allegation or exempt allegation the names and positions of persons
who will be attending the interview; the right to be advised of an entitlement
to be accompanied by a person of the employee’s choice (a witness), and
sufficient notice of the proposed meeting time to allow such witness to attend. Such witness may be a union representative.
(iii) Access to
files
(a) Such employee is
to be informed by his or her employer of the location of any files that the
employer holds relating to the employee, concerning a reportable allegation or
an exempt allegation made against the employee.
(b) The employee
may, subject to giving reasonable notice, have the right to inspect such files
held by the employer.
(c) The employer may
restrict or withhold access to any such file, or part of a file, where the
employer has reason to believe that the provision of access would either;
(1) compromise or
put at risk the welfare or safety of a child who is the alleged victim or
subject of the reportable allegation or exempt allegation, or
(2) contravene any
statutory provision, or guideline or policy directive of an government
authority or agency, in relation to the reporting or investigation, including
police criminal investigation, of any reportable allegation or exempt
allegations, or
(3) prevent the
employer from conducting or completing the investigation or reporting of the
details of a reportable allegation or an exempt allegation against an employee,
in compliance with any statutory deadline.
(iv) Additional
Documentation from Employee
(a) An employee
against whom a reportable allegation or an exempt allegation has been made may
submit to his or her employer documentation, in response to the matters alleged
against him or her.
(b) The employer
must place such documentation on the file held by the employer concerning the
reportable allegation or exempt allegation made against the employee.
(v) Confidentiality
of documents and files
(a) The employer
must implement procedures to safeguard the confidentiality of any file held by the
employer concerning any reportable allegation or exempt allegations made
against an employee.
31. Superannuation
(i) 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) the Clerical
Administrative and Retail Employees Plan; or
(3) 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.
(ii) Benefits
(a) Except as
provided in paragraphs (c), (d) and (f) 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 per cent 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 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 of 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.
(iii) 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.
(iv) Explanatory
Clause
The figure which appears in subparagraph 31(ii)(f)(1),
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 de-skilling.
(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) An employee can
be required to perform the duties of another employee at a lower level provided
that the employee has the competence to perform those duties.
(v) Employees covered
by this award shall also perform work which is incidental or peripheral to
their main tasks or functions.
33. No Extra Claims
(i) It is a term of
this award that the union will not make or pursue any extra award claims for
improvements in wages or other terms and conditions of employment until 1 July
2011.
(ii) The parties
agree that the wage increases provided for in this award are in lieu of any
improvements in wages 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 nominal term of this award and
until 1 July 2011 and no claim can be made for such increases.
34. Area, Incidence
and Duration
(i) This award
rescinds and replaces the School Support Staff (Archdiocese of Sydney, Dioceses
of Broken Bay and Parramatta) (State) Award 2005 published 17 February 2006
(357 I.G. 78) as varied.
(ii) This award
shall apply to all employees as defined in clause 6, Classification, employed in
Catholic Schools operated by the Archdiocese of Sydney or the Diocese of Broken
Bay or the Diocese of Parramatta.
This award shall take effect from 30 June 2008 and
remain in force until 30 June 2011.
PART B
MONETARY RATES
Table 1 - Wage
Rates
Level
|
Annual Salary
|
|
From the first full
pay
|
From the first full
pay
|
From the first full
pay period on
|
|
period on or after
|
period on or after
|
or after
|
|
1 July 2008 (4%
increase)
|
1 July 2009 (4%
increase)
|
1 July 2010 (4% increase)
|
1
|
$44,279
|
$46,050
|
$47,892
|
2
|
$45,226
|
$47,035
|
$48,916
|
|
|
|
|
3
|
$48,292
|
$50,224
|
$52,233
|
|
|
|
|
4
|
$51,353
|
$53,407
|
$55,543
|
5
|
$54,001
|
$56,161
|
$58,407
|
6
|
$61,369
|
$63,824
|
$66,377
|
Table 2 - Other
Rates And Allowances
Item
|
Clause
|
Brief Description
|
From the first
|
From the first
|
From the
|
No
|
No
|
|
full pay period
|
full pay period
|
first full period
|
|
|
|
on or after 1
|
on or after 1
|
on or after
|
|
|
|
July 2008
|
July 2009
|
1 July 2010
|
|
|
|
$
|
$
|
$
|
1*
|
24
|
Overtime/Meal
|
12.41
|
12.41
|
12.41
|
|
|
Allowance
|
|
|
|
2
|
25(i)
|
Mixed Health
|
30.98 per week
|
32.22 per week
|
33.51 per week
|
|
|
Allowance
|
6.20 per day
|
6.44 per day
|
6.70 per day
|
3
|
25(ii)
|
First Aid
|
15.17 per week
|
15.78 per week
|
16.41 per week
|
|
|
Allowance
|
3.03 per day
|
3.16 per day
|
3.28 per day
|
4
|
25(iii)
|
Health Care
|
15.81 per week
|
16.44 per week
|
17.10 per week
|
|
|
Procedures
|
3.16 per day
|
3.29 per day
|
3.42 per day
|
5
|
25(iv)
|
Medication
|
7.60 per week
|
7.90 per week
|
8.22 per week
|
|
|
Allowance
|
1.52 per day
|
1.58 per day
|
1.64 per day
|
6*
|
26(iii)
|
Own Car
|
|
|
|
|
|
Allowance - for a
|
104.83per week
|
104.83per week
|
104.83 per week
|
|
|
vehicle 1500cc
|
|
|
|
|
|
under
|
|
|
|
|
|
|
|
|
|
|
|
For a vehicle over
|
129.58 per week
|
129.58 per week
|
129.58per week
|
|
|
1500cc
|
|
|
|
7*
|
26(iv)
|
Own Car
|
0.68 per km
|
0.68 per km
|
0.68 per km
|
|
|
Allowance for use
|
|
|
|
|
|
on a casual or
|
|
|
|
|
|
incidental basis
|
|
|
|
8*
|
27
|
Laundry
|
7.16 per week
|
7.16per week
|
7.16 per week
|
|
(iii)(a)
|
Allowance
|
|
|
|
Note: * Items 1, 6, 7
and 8 to be adjusted for CPI increases from the first full pay period on or
after 21 December 2008. Current rates have been adjusted to September Quarter 2008.
PART C
LEVEL 5 SCHOOL
OFFICERS - INDICATIVE DUTIES
A Senior School Officer Level 5 may perform the following
indicative duties
In conjunction with teachers, planning teaching
programs;
In conjunction with teachers, preparing reports for
parents;
Providing inservice to teachers in specific technical
or other areas;
Supervision, training and coordination of staff, and
responsibility for their efficient allocation and control;
Assisting with assessment and appraisal of students;
Researching reference material for teachers;
Maintaining budgetary information for one or more
areas, such as kitchens, laboratories, libraries or workrooms;
Repair of equipment requiring technical knowledge and
expertise;
Purchase of resources in conjunction with a teacher or
other qualified member; of staff;
Supervise travel training for a student with a mild
intellectual disability.
ANNEXURE A
PORTABILITY OF
SICK LEAVE
Part to be completed by former Catholic Employer:
___________________
|
was employed by the Diocese of ___________and ceased work
on _____________
|
(Name of Employee)
|
(Date)
|
|
|
At that time untaken sick leave with our employer over the
proceeding ___________ years of
continuous
|
service is as follows:
|
|
|
(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
|
_______________________________________
|
_____________________________________
|
(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)
|
|
|
|
as a school Support Staff Employee 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.