Boarding
House Staff (St Gregory's College Campbelltown) (State) Award 2008
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by New South
Wales Independent Education Union, Industrial Organisation of Employees.
(No. IRC 719 of 2009)
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Before The Honourable
Justice Kavanagh
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19 May 2009
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AWARD
PART A
1. Arrangement
This Award shall be known as the Boarding House Staff (St
Gregory’s College Campbelltown) (State) Award 2008.
Clause No. Subject Matter
1. Arrangement
2. Definitions
(i) Award
(ii) Employee
(iii) Employer
(iv) Full-time Employee
(v) Union
(vi) Part-time Employee
(vii) Casual Employee
3. Wages
(i) Classifications
(ii) Supervisor Hours of work per fortnight
(iii) Coordinator Hours of work per fortnight
(iv) Casual Employees
(v) Part-time Employees
(vi) Calculation of Hourly Rates
4. Payment of
Wages
5. Contract
of Employment
6. Hours of
Work
7. Sick Leave
8. Annual
Leave and Payment on Termination
9. Annual
Leave Loading
10. Long
Service Leave
(i) Applicability of Long Service Leave Act 1955
(ii) Quantum of Leave
(iii) Calculation of Entitlement
11. Parental
Leave
(i) Maternity Leave
(ii) Adoption Leave
(ii) Paternity Leave
12. 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) Make-up time
(vii) Entitlement for Casual Employees
13. Bereavement
Leave
14. Jury
Service
15. Disputes
Procedure
16. Anti-Discrimination
17. Superannuation
(i) Available to each employee
(ii) Definitions
(iii) Benefits
(iv) Transfer between Funds
(v) Explanatory Clause
18. Fair
procedures for investigating allegations of reportable conduct And exempt
allegations pursuant to the Ombudsman Act 1974
(i) Definitions
(ii) Reportable allegations and exempt allegations
(iii) Access to files
(iv) Additional Documentation from Employee
(v) Confidentiality of documents and files
19. Higher
Duties
20. Travelling
Expenses
21. Remuneration
Package
22. Accommodation
and Meals
23. Savings
Clause
24. No Extra
Claims
25. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1 - Wage Rates
Table 2 - Other Rates and Allowances
PART C - REDUNDANCY
2. Definitions
(i) "Award"
means the Boarding House Staff (St Gregory’s College, Campbelltown) (State)
Award.
(ii) "Employee"
means a person who is employed with responsibility for the pastoral care and
supervision of students in a boarding house.
(iii) "Employer"
means St Gregory’s College, Campbelltown.
(iv) "Full-time
employee" means an employee who works hours as prescribed in section (i)
of clause 6.
(v) "Union"
means the New South Wales Independent Education Union.
(vi) "Part-time
employee" means an employee, other than a casual employee, who works a
consistent number of ordinary hours less than those prescribed in section (ii)
of clause 6.
(vii) "Casual
Employee" means an employee engaged and paid as such.
3. Wages
(i) Classifications
An employee shall be initially appointed to the
appropriate level as determined by the employee's skills and duties required to
be performed in the position, as set out below:
(a) A Supervisor
position is one where the employee undertakes basic duties to assist the person
in charge of the boarding house in the daily routines involving the care of
students and the general functions of the boarding house, but while actively on
duty may deputise as required from time to time for the person in charge of the
boarding house.
(b) A Coordinator
position is one where the employee is responsible for the management of a
boarding house and has a significant concern for the welfare of the
students. Duties include the
maintenance of effective communication with the parents of students, the
supervision of other staff covered by this award in the boarding house and the
responsibility of being the on-call duty coordinator one weekend per term in
the Boarding House. The hours performed during this one weekend per term forms
part of the ordinary duties hours worked by the Coordinator.
(ii) Subject to
paragraphs (iv) and (v) of this clause, Supervisors shall be rostered to work a
minimum of 38 hours per fortnight during term time which shall be paid at the
part-time hourly rates of pay prescribed by Table 1 - Wage Rates. Any
additional hours worked beyond 38 hours per fortnight during term time, or any
time worked during non-term time shall be paid at the casual rate prescribed by
subclause (iv). A minimum of 38 hours per fortnight shall be paid.
(iii) Subject to
paragraphs (iv) and (v) of this clause, Coordinators shall be rostered to work
a minimum of 50 hours per fortnight during term time which shall be paid at the
part-time hourly rates of pay prescribed by Table 1 - Wage Rates. Any
additional hours worked beyond 50 hours per fortnight during term time, or any
time worked during non-term time shall be paid at the casual rate prescribed by
subclause (iv). A minimum of 50 hours per fortnight shall be paid.
(iv) Casual Employees
Casual employees shall be paid:
(a) at the hourly
rate prescribed by Table 1 - Wages for the applicable classification; plus
(b) one loading of
25 per cent of that amount (inclusive of payment in lieu of annual holidays
required to be paid under the Annual Holidays Act 1944).
(c) All hours worked
by a part-time employee and paid at the casual rate will not accrue
entitlements to annual leave or sick leave under this award.
(v) Part-time
Employees
(a) Part-time
employees shall be paid the hourly rate prescribed by Table 1 - Wages for the
applicable classification.
(b) All hours worked
by a part-time employee and paid at the casual rate will not accrue
entitlements to annual leave or sick leave under this award.
(vi) The hourly
rates for part-time and casual employees shall be calculated to the nearest
whole cent, any amount less than a half cent in the result to be disregarded.
4. Payment of Wages
(i) The wages
payable to an employee other than a casual employee shall be payable
fortnightly
(ii) Wages payable
to an employee shall be payable, at the employer’s discretion, by either cash,
cheque or electronic funds transfer into an account nominated by the employee.
(iii) The employer
can elect to average a full-time and part-time employee’s wage so that the
employee can be paid in equal instalments throughout the year.
5. Contract of
Employment
(i) On appointment,
the employer shall provide full-time and part-time employees with a letter of
appointment setting out the following:
(a) the classification
and rate of pay of the employee;
(b) the rostered
minimum number of hours to be worked each fortnight, Monday to Sunday, and the
number of fortnights to be worked throughout the year; and
(c) any arrangements
pertaining to the employee that provide for release time from other duties
and/or additional payments or remuneration.
(ii) Except for the
3 month period of probation during which employment may be terminated by either
party on the giving of one week’s notice, the employment of a full-time or
part-time employee may be terminated by either party in accordance with the
following provisions or by the payment or forfeiture, as the case may be, of
wages in lieu of notice.
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Employee’s period of continuous service with the employer
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Period of notice
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Not more than 1 year
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At least 1 week
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More than 1 year but not more than 3 years
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At least 2 weeks
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More than 3 years but not more than 5 years
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At least 3 weeks
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More than 5 years
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At least 4 weeks
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If the employee is over 45 years old then increase the
period of notice by 1 week
(iii) In the case of
a casual employee one day’s notice shall be given by either party.
(iv) This shall not
affect the right of the employer to summarily dismiss any employee without
notice for misconduct and in such cases wages shall be paid up to the time of
dismissal only.
(v) 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.
(vi) Redundancy
See Part C - Redundancy
6. Hours of Work
(i) The rostered
hours of work for full time employees shall be a minimum of 152 hours in any
period of two school term fortnights, which hours shall not include hours
outside rostered hours where the employee is required to be resident on the
premises (including the period of a sleep over).
(ii) Unless the
employer and employee otherwise agree, all full time employees shall be
entitled to 96 hours off duty each fortnight, at a time mutually convenient to
the employer and the employee.
7. Sick Leave
(i) An employee,
other than a casual employee, shall be entitled to 13 days sick leave on full
pay upon each anniversary of their continuous service which occurs after the
making of this award.
(ii) The taking of
sick leave is subject to the following conditions:
(a) Employees shall
not be entitled to paid sick leave for any period in respect of which the
employee is entitled to payment under the Workers’ Compensation Act,
1987 (as amended or replaced).
(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 a medical certificate shall be supplied.
(iii) 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 fortnight bears to a full-time
employee.
(iv) 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.
(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.
8. Annual Leave and
Payment on Termination
(i) All employees,
other than casual employees, shall receive four weeks paid annual leave in
accordance with the Annual Holidays Act 1944 (as amended or replaced)
such leave normally to be taken during the boarding house summer pupil vacation
period unless otherwise directed by the employer in accordance with the said
Act.
(ii) The provisions
of the Annual Holidays Act 1944 (as amended or replaced) shall apply
with respect to pro-rata payment on termination.
9. Annual Leave
Loading
(i) In this clause
the Annual Holidays Act 1944 (as amended or replaced) is referred to as
"the Act".
(ii) Where an
employee, other than a casual 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 to the 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 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 leave 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 first day of the teachers’ school year.
(c) The employee
shall be entitled to be paid annual leave loading in respect of the annual
leave which is payable upon termination pursuant to subclause 8(ii), except in
circumstances where the employee’s
employment is terminated by the employer due to the employee’s serious and
wilful misconduct.
10. 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 Long Service Leave Act 1955 (as
amended or replaced) shall apply.
(ii) Quantum of
Leave
Subject to subclause (v) of this clause, the amount of
long service leave to which an employee shall be entitled for all service
performed after the commencement of this award shall be calculated on the
following basis:
(a) In respect of
full-time service an employee shall accrue 1.3 weeks per year of service. "Full -time service" means service
of a full-time employee as defined in subclause 2(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 1.3 weeks of leave for
each year of service.
(iii) An employee
shall be entitled to take any leave accrued under subclause (ii) of this clause
upon completion of ten years service with the 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.
(iv) In the case of
an employee who has completed at least five years service with the 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) of this clause.
(v) The service of
an employee with an employer shall be deemed continuous notwithstanding the
service has been interrupted by reason of the employee taking maternity leave
(including paid and unpaid leave) or approved leave without pay, but the period
during which the service is so interrupted shall not be taken into account in
calculating the period of service.
11. Parental Leave
(i) Maternity Leave
(a) An employee who
applies for maternity leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996 (as amended or replaced), is granted maternity leave for
a period of fourteen weeks or longer by the employer and commences maternity
leave on or after the making of this award, shall be entitled to maternity
leave in accordance with this subclause.
(b) The maternity
leave shall be paid for fourteen weeks at the rate of pay 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 nine weeks then the period of paid maternity
leave shall be for such lesser period).
(c) The employee may
elect to be paid during the period of paid leave in paragraph (b) of this
sub-clause either in accordance with the usual employer payment schedule or as
a lump sum payment in advance. In
addition, if the employee requests and the employer agrees, the final three
weeks of the leave may be paid at half pay for a period of six weeks.
(d) Where an
employee applies for a lump sum payment in advance under paragraph (c) of this
sub-clause, the employee shall give the employer at least one month’s notice of
intention.
(e) If an employee
has commenced paid maternity leave and subsequently the employee’s pregnancy
results in a miscarriage or a still birth, the employee shall be entitled to
retain payment in accordance with this clause equivalent to salary for the
period of maternity leave taken by the employee.
(f) The parties
agree to review the effect of this clause in the event of any legislation by
either the Federal or State Government which provides a maternity allowance or
similar payment, however named, or in the event that the operation of this
clause is found to be discriminatory by an anti-discrimination tribunal.
(g) An employee on
paid maternity leave in accordance with this clause will not be employed as a
casual employee by the employer during such paid leave.
(h) Except as varied
by this provision, Part 4 of Chapter 2 of the Industrial Relations Act
1996 shall apply.
Notation
Transitional Arrangements - For the purpose of
paragraph (a) of this subclause, maternity leave commences on or after the
making of this award, if the first day off work due to maternity leave is on or
after the making of this award.
(ii) Adoption Leave
(a) An employee who
applies for adoption leave under Part 4 of Chapter 2 of the Industrial
Relations Act 1996 (as amended or replaced) and is granted such leave by
the employer in accordance with these provisions, shall be entitled to payment
of adoption leave under the same (or comparable) conditions as those set out in
this clause in relation to paid maternity leave. Provided further that adoption leave shall only be payable in
respect of one adopting parent of a child.
(b) An employee
shall be entitled to one day’s leave with pay for the purpose of adopting any
child provided that he or she is not also entitled to payment of adoption leave
pursuant to paragraph (a) of this sub-clause.
(iii) Paternity
Leave
(a) An employee
shall be entitled to one day’s leave with pay on the date of his wife’s
confinement or on the day on which his wife leaves hospital following her
confinement.
(b) In addition to
the entitlement in paragraph 11. (iii)(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 12 of this award.
(c) The employee
shall be entitled to take such paternity leave in the four weeks before the
date or expected date of the birth of the child and not later than four weeks
after the birth of the child, provided that the employer may, in exceptional
circumstances, request the employee to take leave at a time outside the period
specified in this paragraph. If the
employee chooses to agree to the employer’s request, such agreement shall be
recorded in writing. Where the employee does not agree, the leave shall be
taken in accordance with this paragraph.
(d) The entitlement
to paternity leave in paragraphs 11. (iii)(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 (as amended or
replaced).
(e) The employee
must, at least 4 weeks before proceeding on leave pursuant to paragraph 11
(iii)(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 11.(iii)(c) above.
(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:
(i) the employee or
employee's spouse is pregnant; or
(ii) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(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 (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).
12. 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 7 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 15, 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 12(i)(c)(2).
(c) Where an
employee, other than a casual employee, is not entitled to utilise sick leave
credits pursuant to paragraph 12(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
12(i)(c)(2).
(d) The yearly entitlement
for the purpose of pressing domestic necessity in paragraph 12.2(b) is
non-cumulative.
(e) If required, an
employee shall provide a written statement or other evidence supporting the
application for Personal/Carer’s Leave for the purpose of pressing domestic
necessity.
(iii) Notification
of Intention to Take Leave
In relation to sub-clauses 12(i) and 12(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 12(i)(c)(2) or paragraph 12(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) Make-Up Time
(a) An employee may
elect, with the consent of the employer, to work "make-up time" under
which the employee takes time off ordinary hours, and works those hours at a
later time, during the spread of ordinary hours provided in the award, at the
ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make-up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(vii) Entitlement for
casual employees
(a) Subject to the
requirements in paragraph 12(i)(b) and subclause 12(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 12(i)(c)(2) or subclause 12(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.
13. 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 of any such death.
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 7, 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 Catholic Personal/Carer’s
Leave in Clause 12, 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
(iv) ,(v), (vi) and (vii) of Clause 12 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 boarding houses.
(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 12(i)(c)(2), provided
that for the purpose of this bereavement entitlement, the casual employee need
not have been responsible for the care of the person concerned. A casual
employee must notify the employer as soon as practicable of the intention to
access this entitlement and may be required to provide the employer with
satisfactory evidence of such death.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
14. Jury Service
(i) An employee,
other than a casual, 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 the boarding houses.
(ii) The employee
shall notify the employer as soon as possible of the date upon which he or she
is required to attend for jury service.
The employee shall provide to the employer a copy of the summons to
attend jury duty and a record of payments received as proof of attendance.
15. Disputes
Procedure
(i) The objective
of these procedures is the avoidance and resolution of industrial disputation,
arising under this award, by measures based on consultation, co-operation and
negotiation. Further, the parties agree
that, subject to the provisions of the Industrial Relations Act 1996 (as
amended or replaced), 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 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 boarding house, 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.
16.
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 (as amended or
replaced) 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 (as amended or replaced), 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 from anti discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to this
award from pursuing matters of unlawful discrimination in 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.
17. Superannuation
(i) The New South
Wales Non-Government Schools Superannuation Fund or the Catholic and Retirement
Fund shall be made available to each employee.
(ii) Definitions
For the purpose of this clause, the following
definitions shall apply:
(a) "Basic
Earnings" for the purposes of this clause shall mean the minimum hourly
rate of pay prescribed for the employee by this award.
(b) "Fund"
means either
(1) the New South
Wales Non-Government Schools Superannuation Fund; or
(2) the Catholic
Superannuation and Retirement Fund; 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.
(iii) Benefits
(a) Except as
provided in paragraphs (c), (d) and (f) of this subclause, the 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 the employer and the trustees of a fund.
(c) The 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 making of this award.
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) The 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 the
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.
(iv) Transfer
between Funds
If an employee is eligible to belong to more than one
fund, the employee shall be entitled to notify the employer that the employee
wishes the employer to pay contributions in respect of the employee to a new
fund but shall not be entitled to do so within three years after the
notification made by the employee pursuant to paragraph (e) of sub-clause (iii)
of this clause or within three years after the last notification made by the
employee pursuant to this clause. The
employer shall only be obliged to make such contributions to the new fund where
the employer has been advised in writing:
(a) of the
employee’s application to join the other fund; and
(b) that the
employee has notified the trustees of the employee’s former fund that the
employee no longer wishes the contributions which are paid on the employee’s
behalf to be paid to that fund.
(v) Explanatory
Clause
The figure which appears in subparagraph (1) of
paragraph (f) of subclause (iii) of this clause, is calculated by the following
formula:
|
Supervisor
|
x
|
19 eight-hour days
|
|
casual hourly rate of
pay
|
|
(1 month)
|
|
|
|
|
|
or $2,090, whichever is
the greater.
|
|
|
18. 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 (as amended or replaced) 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 a 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.
19. Higher Duties
(i) A supervisor
required by the employer to temporarily perform duties of a Co-ordinator for
more than one week shall be paid at the Co-ordinator rate for the whole period
during which those duties are performed.
20. Travelling
Expenses
(i) When an
employee, in the course of their duty, is required by the employer to go to any
place away from their usual place of employment, they shall be paid all
reasonable expenses actually incurred.
(ii) Where an
employee is required to use their motor car by the employer on a casual or
incidental basis, they shall be paid the rate set by Item 1 of the Table 2,
during such use.
(iii) If the employer
provides a vehicle the employer shall pay the whole of the cost of the upkeep,
registration, insurance, maintenance and running expenses.
21. Remuneration
Package
(a) This clause
facilitates the provision of salary and benefit packages to individual members
of staff covered by this award provided that such salary packaging shall only
be available during the term time in which they are paid for performing
Boarding House duties.
(i) For the
purposes of this clause:
(a) "Benefits"
means the benefits nominated by the employee from the benefits provided by the
school and listed in paragraph (c) of subclause (iv) of this clause.
(b) "Benefit
Value" means:
(i) the amount
being paid by the employee in the case of rent;
(ii) the amount
specified by the employer as the cost to the College of the Benefit provided;
(iii) the Fringe
Benefit Tax, if any.
(c) "Fringe
Benefit tax" means tax imposed by the Fringe Benefits Tax Act 1986
(as amended or replaced).
(ii) Conditions of
Employment
Except as provided by this clause, employees must be
employed on a rate of pay, and otherwise on terms and conditions, not less than
those prescribed by this award.
(iii) Salary
Packaging
The employer may offer to provide and the employee may
agree in writing to accept:
(a) the Benefits
nominated by the employee; and
(b) a rate of pay
equal to the difference between the benefit value and the gross earnings which
would have been applied had the employee not made the decision to salary
sacrifice benefits under subclause (c) of this clause;
(c) The available
benefits are those made available by the school from the following list:
(1) superannuation;
(2) rent;
(3) payment of
meals; or
(4) other benefits
offered by the employer.
(d) The level of
benefits to which you may package will be a grossed-up value of $30,000 or such
other amount as determined by the Australian Tax Office from time to time.
(e) The employer
must advise the employee in writing of the benefit value before the agreement
is entered into.
(f) During the
currency of an agreement under subclause (iv) of this clause if an employee
takes:
(1) paid leave the
employee will continue to be entitled to salary sacrifice any benefits during
the period of leave;
(2) leave without
pay the employee will not be entitled to salary sacrifice any benefits during
the period of leave.
(g) Any other
payment, calculated by reference to the employee's salary, however described,
and payable:
(1) during
employment; or
(2) on termination
of employment in respect of untaken paid leave; or
(3) on death,
shall be at the rate of pay which would have applied to
the employee under subclause (iii) of this clause, in the absence of an
agreement under paragraphs (a) and (b) of subclause (iv) of this clause.
22. Accommodation and
Meals
(i) Accommodation
(a) Where, at the
commencement of this Award or subsequent to the making of this Award, an
employee resides in accommodation (being either a studio in a boarding house or
a free standing cottage adjacent to a boarding house) provided by the employer
during term time the employer is entitled to charge, and may deduct from the
employee’s pay an amount for rent as specified in Table 3 Accommodation
Contributions of Part B Monetary Rate of this Award.
(b) The amount of
rent that may be deducted by the employer, as specified in (a) of this clause,
shall be reviewed by the parties at the same time as the parties to this Award
review the rates of pay contained in Part B Monetary Rates of this Award. Such review will have regard, but not
limited to, market rates for similar accommodation and fringe benefits tax
considerations.
(c) The rent
deducted by the employer from an employee’s pay each fortnight shall be equal
to the annual rent as determined in paragraph 22(i)(a) divided by the number of
term fortnights in the school year.
Employees shall be entitled to occupy employer premises during non-term
time without further deduction of rent.
(d) Where an
employee who normally resides in a Studio Apartment takes paid leave from the
employer for more than one week during term time, and does not occupy the
accommodation during that time, no deduction shall be made in accordance with
paragraph (a).
(e) Electricity,
gas, water, telephone and internet bills will be paid for by the College.
(ii) Meals
(a) Where an
employee elects to purchase meals at the employer’s dining facilities the
provisions of this subclause shall apply.
(b) At the
commencement of each school year the employer shall notify the employee, in
writing, of the cost of meals provided at the employer’s dining facilities.
(c) At the
commencement of each school year an employee may nominate the number of meals
to be taken at the employer’s dining facilities each week. Such election shall
be made in writing and shall nominate the meals to be purchased each day of the
week and whether or not the meals are to be taken during term weeks only, or
during term and non-term weeks.
(d) Upon receipt of
the written instructions outlined in paragraph 22 (ii)(c), the employer may
deduct from an employee’s weekly wage an amount determined by dividing the
total projected annual cost of nominated meals for that employee by the number
of term weeks in the school year.
(e) An employee
whose employment terminates during the school year shall not be liable for the
cost of future untaken meals.
(f) An employee may
terminate or vary the instructions outlined in paragraph 22(ii)(c) by the
giving of not less than one term’s notice in writing to the employer.
23. Savings Clause
This award is made on the understanding that there shall be
no overall direct prejudice to the pay and conditions existing for employees at
the date on which this award takes effect merely as a consequence of the coming
into operation of this award.
24. No Extra Claims
It is a term of this award that the union undertakes not to
make or pursue any extra claims for improvements in wages or other terms and
conditions of employment until 1 February 2011.
25. Area, Incidence
and Duration
(i) This award
shall apply to Supervisors and Co-coordinators
employed in boarding houses conducted by or on behalf of St Gregory’s
College, Campbelltown, to the exclusion of any other award, including, but not
limited to, the Teachers (Catholic Independent Schools) (State) Award, as
amended or replaced. Provided further
that this award shall not apply to:
(a) Members of a
recognised religious order and/or Clerks in Holy Orders, and/or Ministers of
Religion;
(b) G A P students
who are gaining experience under a "school to school interchange
programme" with an employer covered by this award;
(c) Mr Paul Fox for
so long as he resides on College premises as an employee of the College and
enjoys the terms and conditions of employment no less favourable than the terms
and conditions of this award.
(iii) This award
shall take effect from the first pay period to commence on or after 4 March
2008 and remain in force for 3 years. It rescinds and replaces the Boarding
House Staff (St Gregory’s College Campbelltown) (State) Award 2006 published 22
September 2006 (361 I.G. 46).
PART B
MONETARY RATES
Table 1 - Wage
Rates
Part-time Hourly
Rates of Pay
|
Level
|
From the first full
pay
|
From the first full
pay
|
From the first full
|
|
|
period on or after
|
period on or after
|
pay period on or
after
|
|
|
4 March 2008
|
4 March 2009
|
4 March 2010
|
|
|
per hour
|
per hour
|
per hour
|
|
|
|
(4%)
|
(4%)
|
|
|
$
|
$
|
$
|
|
Supervisor
|
$19.03 per hour
|
$19.79 per hour
|
$20.58 per hour
|
|
Coordinator
|
$20.55 per hour
|
$21.38 per hour
|
$22.24 per hour
|
Casual Hourly
Rates of Pay
|
Level
|
From the first full
pay
|
From the first full
pay
|
From the first full
|
|
|
period on or after
|
period on or after
|
pay period on or
after
|
|
|
4 March 2008
|
4 March 2009
|
4 March 2010
|
|
|
per hour
|
(4%)
|
(4%)
|
|
|
$
|
$
|
$
|
|
Supervisor
|
23.79 per hour
|
24.74 per hour
|
25.73 per hour
|
|
Coordinator
|
25.69 per hour
|
26.73 per hour
|
27.80 per hour
|
Table 2 - Other
Rates and Allowances
|
Item No.
|
Clause No.
|
Brief Description
|
Amount
|
|
|
|
|
$
|
|
1
|
20 (ii)
|
Own Car Allowance for use on a
|
0.65 per km
|
|
|
|
casual or incidental basis
|
|
Items 1 to be adjusted for CPI increases. Current rates have
been adjusted to include the September Quarter 2008.
Table 3 -
Accommodation Contributions
|
Type of
|
Contribution
|
Contribution
|
Contribution
|
|
Accommodation
|
Per Term Fortnight
|
Per Term Fortnight
|
Per Term Fortnight
|
|
|
From the first full
pay
|
From the first full
pay
|
From the first full
pay
|
|
|
period commencing
on or
|
period commencing
on or
|
period commencing
on
|
|
|
after 4 March 2008
|
after 4 March 2009
|
or after 4 March
2010
|
|
|
$
|
$
|
$
|
|
Studio Apartment
|
30.00
|
40.00
|
50.00
|
|
Industrial Arts
|
100.00
|
133.00
|
166.00
|
|
Flat
|
|
|
|
|
Senan House
|
180.00
|
200.00
|
208.00
|
|
Free Standing
|
392.00
|
436.00
|
454.00
|
|
Cottage
|
|
|
|
PART C
REDUNDANCY
1.1 This Part shall
apply in respect of full-time and part-time persons employed in the
classifications specified by the award.
1.2 This part shall
only apply if the employer employs 15 or more employees immediately prior to
the termination of employment of employees.
1.3 Notwithstanding
anything contained elsewhere in this award, the provisions of this part shall
not apply to employees with less than one year’s continuous service and the
general obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
1.4 This part shall
not apply where employment is terminated as a consequence of conduct that
justifies instant dismissal, including malingering, inefficiency or neglect of
duty, or in the case of casual employees, apprentices or employees engaged for
a specific period of time or for a specified task or tasks or where employment
is terminated due to the ordinary and customary turnover of labour.
2. Employer’s duty
to Notify and Discuss
2.1 Where the
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
2.2 The employer
shall discuss with the employees affected and the union to which they belong
the introduction of such changes and the likely effect on the employees and the
measures taken to avert or mitigate the adverse effects of such changes.
2.3 ‘Significant
effects’ include termination of employment, major changes in the composition,
operation or size of the employers workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities or job
tenure, the alteration of hours of work, the need for retraining or transfer of
employees to other work or locations and the restructuring of jobs.
3. Discussions
before terminations
3.1 Where the
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone and that decision may lead to
the termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
3.2 The discussions
shall take place as soon as is practicable after the employer has made a
definite decision which will invoke the provision of subclause 3.1 of this
clause and shall cover, inter alia, any reasons for the proposed terminations,
measures to avoid or minimise the terminations and measures to mitigate any
adverse effects of any termination of the employees concerned.
3.3 For the purposes
of the discussion the employer shall, as soon as practicable, provide to the
employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of employees normally employed and the period over
which the terminations are likely to be carried out. Provided that any employer shall not be required to disclose
confidential information the disclosure of which would adversely affect the employer.
4. Notice for
Changes in Production, Program, Organisation or Structure
4.1 This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from production, program, organisation or structure in accordance
with clause 2 of this part.
4.1.1 In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
|
Period of
continuous service
|
Period of Notice
|
|
Less than 1 year
|
1 week
|
|
1 year and less than 3 years
|
2 weeks
|
|
3 years and less than 5 years
|
3 weeks
|
|
5 years and over
|
4 weeks
|
4.1.2 In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week’s notice.
4.1.3 Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.2 Notice for
Technological Change
This paragraph sets out the notice provisions to be
applied to terminations by the employer for reasons arising from ‘technology’
in accordance with clause 2 of this part.
4.2.1 In order to
terminate the employment of an employee the employer shall give to the employee
three months notice of termination.
4.2.2 Payment in lieu
of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
4.2.3 The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act 1955,
the Annual Holidays Act 1944, or any Act amending or replacing either of
these Acts.
4.3 Time off during
the notice period
4.3.1 During the period
of notice of termination given by the employer an employee shall be allowed up
to one day’s time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purposes of seeking other employment.
4.3.2 If the employee
has been allowed paid leave for more than one day during the notice period for
the purpose of seeking other employment, the employee shall, at the request of
the employer, be required to produce proof of attendance at an interview or the
employee shall not receive payment for the time absent.
4.4 Employee leaving
during the notice period
If the employment of an employee is terminated (other
than for misconduct) before the notice period expires, the employee shall be
entitled to the same benefits and payments under this part had the employee
remained with the employer until the expiry of such notice. Provided that in such circumstances the
employee shall not be entitled to payment in lieu of notice.
4.5 Statement of
employment
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee a
written statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
4.6 Notice to
Centrelink
Where a decision has been made to terminate employees,
the employer shall notify the Centrelink thereof as soon as possible giving relevant
information including the number and categories of the employees likely to be
affected and the period over which the terminations are intended to be carried
out.
4.7 Centrelink
Employment Separation Certificate
The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
‘Employment Separation Certificate’ in the form required by Centrelink.
4.8 Transfer to
lower paid duties
Where an employee is transferred to lower paid duties for
reasons set out in clause 2 of this part, the employee shall be entitled to the
same period of notice of transfer as the employee would have been entitled to
if the employee’s employment had been terminated, and the employer may at the
employer’s option make payment in lieu thereof of an amount equal to the
difference between the former ordinary time rate of pay and the new ordinary
time rate for the number of weeks of notice still owing.
5. Severance Pay
5.1 Where an
employee is to be terminated pursuant to clause 4 of this part, subject to
further order of the Industrial Relations Commission of New South Wales, the
employer shall pay the following severance pay in respect of a continuous
period of service:
5.1.1 If an employee is
under 45 years of age, the employer shall pay in accordance with the following
scale:
|
Years of Service
|
Under 45 Years of
Age Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
4 weeks
|
|
2 years and less than 3 years
|
7 weeks
|
|
3 years and less than 4 years
|
10 weeks
|
|
4 years and less than 5 years
|
12 weeks
|
|
5 years and less than 6 years
|
14 weeks
|
|
6 years and over
|
16 weeks
|
5.1.2 Where an employee
is 45 years old or over, the entitlement shall be in accordance with the
following scale:
|
Years of Service
|
45 Years of Age and
Over Entitlement
|
|
|
|
|
Less than 1 year
|
Nil
|
|
1 year and less than 2 years
|
5 weeks
|
|
2 years and less than 3 years
|
8.75 weeks
|
|
3 years and less than 4 years
|
12.5 weeks
|
|
4 years and less than 5 years
|
15 weeks
|
|
5 years and less than 6 years
|
17.5 weeks
|
|
6 years and over
|
20 weeks
|
5.1.3 ‘Weeks Pay’ means
the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances provided for in the relevant
award.
5.1.4 Where an employee
is subject to a reduction of working hours of 6 or more hours per fortnight,
the reduction will be treated as a partial redundancy. A pro rata payment will be made in
accordance with the severance payments set out in paragraphs 5.1.1 and 5.1.2
above.
5.2 Incapacity to
Pay
Subject to an application by the employer and further
order of the Industrial Relations Commission, the employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 5.1.
The Commission shall have regard to such financial and
other resources of the employer concerned as the Commission thinks relevant,
and the probable effect paying the amount of severance pay in subclause 5.1
above will have on the employer.
5.3 Alternative
Employment
Subject to an application by the employer and further
order of the Industrial Relations Commission, an employer may pay a lesser
amount (or no amount) of severance pay than that contained in subclause 5.1 if
the employer obtains acceptable alternative employment for an employee.
T.
M. KAVANAGH J
____________________
Printed by
the authority of the Industrial Registrar.