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New South Wales Industrial Relations Commission
(Industrial Gazette)





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Boarding House Staff (St Gregory's College Campbelltown) (State) Award 2008
  
Date07/31/2009
Volume368
Part3
Page No.708
DescriptionAIRC - Award of Industrial Relations Commission
Publication No.C7065
CategoryAward
Award Code 1867  
Date Posted07/27/2009

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(1867)

(1867)

SERIAL C7065

 

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)

 

Before The Honourable Justice Kavanagh

19 May 2009

 

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.

 

Employee’s period of continuous service with the employer

Period of notice

Not more than 1 year

At least 1 week

More than 1 year but not more than 3 years

At least 2 weeks

More than 3 years but not more than 5 years

At least 3 weeks

More than 5 years

At least 4 weeks

 

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 17 per cent of the appropriate ordinary weekly time rate of pay prescribed by this award for the classification in which the employee was employed immediately before commencing their annual holiday, 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.

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